22 U.S.C. § 8541 — Definitions

submitted 16 years ago by Pub. L. 111-195 to r/title-22-FOREIGN-RELATIONS-AND-INTERCOURSE · 466 words · no verdicts yet

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This section defines 14 terms used in a law about stopping goods from reaching Iran. It explains words like "divert," "end-user," and "Iranian intermediary." It also names the congressional committees that oversee this law.

This section defines 14 terms for this part of the law. (1) Allow. A country's government "allows" diversion of goods, services, or technology through its territory if it knows, or has reason to know, that this is happening. (2) Appropriate congressional committees. This means two groups in the Senate — the Committee on Banking, Housing, and Urban Affairs, the Committee on Foreign Relations, and the Select Committee on Intelligence — and two in the House — the Committee on Foreign Affairs and the Permanent Select Committee on Intelligence. (3) Commerce Control List. This is the list of controlled items kept under part 774 of the Export Administration Regulations, or any similar rule that replaces it. (4) Divert; diversion. These words mean transferring or releasing a good, service, or technology — directly or indirectly — to an end-user or go-between who is not allowed to receive it. (5) End-user. This is the person who finally receives and uses a good, service, or technology. (6) Export Administration Regulations. This means the rules in subchapter C of chapter VII of title 15 of the Code of Federal Regulations, or any similar rule that replaces them. (7) Government. This term includes any agency or arm of a government. (8) Intermediary. This is a person who receives a good, service, or technology while it is on its way to the end-user. (9) International Traffic in Arms Regulations. This means the rules in subchapter M of chapter I of title 22 of the Code of Federal Regulations, or any similar rule that replaces them. (10) Iran. This includes the Government of Iran and any agency or arm of Iran. (11) Iranian end-user. This is an end-user that is the Government of Iran, or a person, agency, or arm located in Iran. (12) Iranian intermediary. This is an intermediary that is the Government of Iran, or a person, agency, or arm located in Iran. (13) State sponsor of terrorism. This is any country whose government the Secretary of State has found repeatedly supported international terrorism, under one of three named laws. (14) United States Munitions List. This is the list of controlled defense items kept under part 121 of the International Traffic in Arms Regulations, or any similar rule that replaces it.

the actual law source: uscode.house.gov ↗public domain

In this subchapter:

(1) Allow

The term “allow”, with respect to the diversion through a country of goods, services, or technologies, means the government of the country knows or has reason to know that the territory of the country is being used for such diversion.

(2) Appropriate congressional committees

The term “appropriate congressional committees” means—

(A)

the Committee on Banking, Housing, and Urban Affairs, the Committee on Foreign Relations, and the Select Committee on Intelligence of the Senate; and

(B)

the Committee on Foreign Affairs and the Permanent Select Committee on Intelligence of the House of Representatives.

(3) Commerce Control List

The term “Commerce Control List” means the list maintained pursuant to part 774 of the Export Administration Regulations (or any corresponding similar regulation or ruling).

(4) Divert; diversion

The terms “divert” and “diversion” refer to the transfer or release, directly or indirectly, of a good, service, or technology to an end-user or an intermediary that is not an authorized recipient of the good, service, or technology.

(5) End-user

The term “end-user”, with respect to a good, service, or technology, means the person that receives and ultimately uses the good, service, or technology.

(6) Export Administration Regulations

The term “Export Administration Regulations” means subchapter C of chapter VII of title 15, Code of Federal Regulations (or any corresponding similar regulation or ruling).

(7) Government

The term “government” includes any agency or instrumentality of a government.

(8) Intermediary

The term “intermediary” means a person that receives a good, service, or technology while the good, service, or technology is in transit to the end-user of the good, service, or technology.

(9) International Traffic in Arms Regulations

The term “International Traffic in Arms Regulations” means subchapter M of chapter I of title 22, Code of Federal Regulations (or any corresponding similar regulation or ruling).

(10) Iran

The term “Iran” includes the Government of Iran and any agency or instrumentality of Iran.

(11) Iranian end-user

The term “Iranian end-user” means an end-user that is the Government of Iran or a person in, or an agency or instrumentality of, Iran.

(12) Iranian intermediary

The term “Iranian intermediary” means an intermediary that is the Government of Iran or a person in, or an agency or instrumentality of, Iran.

(13) State sponsor of terrorism

The term “state sponsor of terrorism” means any country the government of which the Secretary of State has determined has repeatedly provided support for acts of international terrorism pursuant to—

(A)

section 4605(j)(1)(A) 1 of title 50 (or any successor thereto);

(B)

section 2780(d) of this title; or

(C)

section 2371(a) of this title.

(14) United States Munitions List

The term “United States Munitions List” means the list maintained pursuant to part 121 of the International Traffic in Arms Regulations (or any corresponding similar regulation or ruling).

Source credit: (Pub. L. 111–195, title III, § 301, July 1, 2010, 124 Stat. 1345.)

history & why it existsrecord from the source credit

2010Enacted · Pub. L. 111-195 · 124 Stat. 1345

A history note hasn’t been published yet. The record shows enactment by Pub. L. 111-195 on 2010-07-01.

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