§ 4801 — Definitions

In this chapter: (1) The term “controlled” refers to an item subject to the jurisdiction of the United States under subchapter I. (2) The term “dual-use”, with respect to an item, means the item has civilian applications and military, terrorism, weapons of mass destruction, or law-enforcement-related applications. (3) The term “export”, with respect to an item subject to controls under subchapter I, includes— (A) the shipment or transmission of the item out of the United States, including the sending or taking of the item out of the United States, in any manner; and (B) the release or transfer of technology or source code relating to the item to a foreign person in the United States. (4) The term “Export Administration Regulations” means— (A) the Export Administration Regulations as promulgated, maintained, and amended under the authority of the International Emergency Economic Powers Act [50 U.S.C. 1701 et seq.] and codified, as of August 13, 2018, in subchapter C of chapter VII of title 15, Code of Federal Regulations; or (B) regulations that are promulgated, maintained, and amended under the authority of subchapter I on or after August 13, 2018. (5) The term “foreign person” means— (A) any natural person who is not a lawful permanent resident of the United States, citizen of the United States, or any other protected individual (as such term is defined in section 1324b(a)(3) of title 8); (B) any corporation, business association, partnership, trust, society or any other entity or group that is not incorporated in the United States or organized to do business in the United States, as well as international organizations, foreign governments and any agency or subdivision of a foreign government (e.g., diplomatic mission). (6) The term “in-country transfer”, with respect to an item subject to controls under subchapter I, means a change in the end-use or end user of the item within the same foreign country. (7) The term “item” means a commodity, software, or technology. (8) The term “person” means— (A) a natural person; (B) a corporation, business association, partnership, society, trust, financial institution, insurer, underwriter, guarantor, and any other business organization, any other nongovernmental entity, organization, or group, or any government or agency thereof; and (C) any successor to any entity described in subparagraph (B). (9) The term “reexport”, with respect to an item subject to controls under subchapter I, includes— (A) the shipment or transmission of the item from a foreign country to another foreign country, including the sending or taking of the item from the foreign country to the other foreign country, in any manner; and (B) the release or transfer of technology or source code relating to the item to a foreign person outside the United States. (10) Except as otherwise provided, the term “Secretary” means the Secretary of Commerce. (11) The term “technology” includes information, in tangible or intangible form, necessary for the development, production, or use of an item. (12) The term “United States” means the several States, the District of Columbia, the Commonwealth of Puerto Rico, the Commonwealth of the Northern Mariana Islands, American Samoa, Guam, the United States Virgin Islands, and any other territory or possession of the United States. (13) The term “United States person” means— (A) for purposes of subchapter I— (i) any individual who is a citizen or national of the United States or who is an individual described in subparagraph (B) of section 1324b(a)(3) of title 8; (ii) a corporation or other legal entity which is organized under the laws of the United States, any State or territory thereof, or the District of Columbia; and (iii) any person in the United States; and (B) for purposes of subchapter II, any United States resident or national (other than an individual resident outside the United States and employed by other than a United States person), any domestic concern (including any permanent domestic establishment of any foreign concern) and any foreign subsidiary or affiliate (including any permanent foreign establishment) of any domestic concern which is controlled in fact by such domestic concern, as determined under regulations by the Secretary. (14) The term “weapons of mass destruction” means nuclear, radiological, chemical, and biological weapons and delivery systems for such weapons.