{"identifier":"/us/usc/t22/s2797c","title":22,"num":"\u00a7\u202f2797c.","heading":"Definitions","text":"\u00a7\u202f2797c.\nDefinitions\n(a)\nIn general\nFor purposes of this subchapter\u2014\n(1) the term \u201cmissile\u201d means a category I system as defined in the MTCR Annex, and any other unmanned delivery system of similar capability, as well as the specially designed production facilities for these systems;\n(2) the term \u201cMissile Technology Control Regime\u201d or \u201cMTCR\u201d means the policy statement, between the United States, the United Kingdom, the Federal Republic of Germany, France, Italy, Canada, and Japan, announced on\nApril 16, 1987\n(3) the term \u201cMTCR adherent\u201d means a country that participates in the MTCR or that, pursuant to an international understanding to which the United States is a party, controls MTCR equipment or technology in accordance with the criteria and standards set forth in the MTCR;\n(4) the term \u201cMTCR Annex\u201d means the Guidelines and Equipment and Technology Annex of the MTCR, and any amendments thereto;\n(5) the terms \u201cmissile equipment or technology\u201d and \u201cMTCR equipment or technology\u201d mean those items listed in category I or category II of the MTCR Annex;\n(6) the term \u201cUnited States person\u201d has the meaning given that term in section 4618(2)\n1\n1 See References in Text note below.\n(7) the term \u201cforeign person\u201d means any person other than a United States person;\n(8)\n(A) the term \u201cperson\u201d means a natural person as well as a corporation, business association, partnership, society, trust, any other nongovernmental entity, organization, or group, and any governmental entity operating as a business enterprise, and any successor of any such entity; and\n(B) in the case of countries with non-market economies (excluding former members of the Warsaw Pact), the term \u201cperson\u201d means\u2014\n(i) all activities of that government relating to the development or production of any missile equipment or technology; and\n(ii) all activities of that government affecting the development or production of electronics, space systems or equipment, and military aircraft; and\n(9) the term \u201cotherwise engaged in the trade of\u201d means, with respect to a particular export or transfer, to be a freight forwarder or designated exporting agent, or a consignee or end user of the item to be exported or transferred.\n(b)\nInternational understanding defined\nFor purposes of subsection (a)(3), as it relates to any international understanding concluded with the United States after\n(1) any specific agreement by a country not to export, transfer, or otherwise engage in the trade of any MTCR equipment or technology that contributes to the acquisition, design, development, or production of missiles in a country that is not an MTCR adherent and would be, if it were United States-origin equipment or technology, subject to the jurisdiction of the United States under this chapter; or\n(2) any specific understanding by a country that, notwithstanding\nsection 2797b(b) of this title\nsection 2797b(a)(2) of this title","url":"https://projectusc.org/usc/t22/s2797c.html","content":[{"t":"sec","id":"/us/usc/t22/s2797c","children":[{"t":"num","text":"\u00a7\u202f2797c."},{"t":"heading","text":"Definitions"},{"t":"subsec","id":"/us/usc/t22/s2797c/a","children":[{"t":"num","text":"(a)"},{"t":"heading","text":"In general"},{"t":"chapeau","text":"For purposes of this subchapter\u2014"},{"t":"para","id":"/us/usc/t22/s2797c/a/1","children":[{"t":"num","text":"(1)"},{"t":"content","text":" the term \u201cmissile\u201d means a category I system as defined in the MTCR Annex, and any other unmanned delivery system of similar capability, as well as the specially designed production facilities for these systems;","tail":"\n"}],"tail":"\n"},{"t":"para","id":"/us/usc/t22/s2797c/a/2","children":[{"t":"num","text":"(2)"},{"t":"content","text":" the term \u201cMissile Technology Control Regime\u201d or \u201cMTCR\u201d means the policy statement, between the United States, the United Kingdom, the Federal Republic of Germany, France, Italy, Canada, and Japan, announced on ","children":[{"t":"text","text":"April 16, 1987","tail":", to restrict sensitive missile-relevant transfers based on the MTCR Annex, and any amendments thereto;"}],"tail":"\n"}],"tail":"\n"},{"t":"para","id":"/us/usc/t22/s2797c/a/3","children":[{"t":"num","text":"(3)"},{"t":"content","text":" the term \u201cMTCR adherent\u201d means a country that participates in the MTCR or that, pursuant to an international understanding to which the United States is a party, controls MTCR equipment or technology in accordance with the criteria and standards set forth in the MTCR;","tail":"\n"}],"tail":"\n"},{"t":"para","id":"/us/usc/t22/s2797c/a/4","children":[{"t":"num","text":"(4)"},{"t":"content","text":" the term \u201cMTCR Annex\u201d means the Guidelines and Equipment and Technology Annex of the MTCR, and any amendments thereto;","tail":"\n"}],"tail":"\n"},{"t":"para","id":"/us/usc/t22/s2797c/a/5","children":[{"t":"num","text":"(5)"},{"t":"content","text":" the terms \u201cmissile equipment or technology\u201d and \u201cMTCR equipment or technology\u201d mean those items listed in category I or category II of the MTCR Annex;","tail":"\n"}],"tail":"\n"},{"t":"para","id":"/us/usc/t22/s2797c/a/6","children":[{"t":"num","text":"(6)"},{"t":"content","text":" the term \u201cUnited States person\u201d has the meaning given that term in section 4618(2)\u202f","children":[{"t":"ref","text":"1"},{"t":"num","text":"1","tail":"\u202fSee References in Text note below."},{"t":"text","text":"\u202fSee References in Text note below.","tail":" of title 50;"}],"tail":"\n"}],"tail":"\n"},{"t":"para","id":"/us/usc/t22/s2797c/a/7","children":[{"t":"num","text":"(7)"},{"t":"content","text":" the term \u201cforeign person\u201d means any person other than a United States person;","tail":"\n"}],"tail":"\n"},{"t":"para","id":"/us/usc/t22/s2797c/a/8","children":[{"t":"num","text":"(8)"},{"t":"subpara","id":"/us/usc/t22/s2797c/a/8/A","children":[{"t":"num","text":"(A)"},{"t":"content","text":" the term \u201cperson\u201d means a natural person as well as a corporation, business association, partnership, society, trust, any other nongovernmental entity, organization, or group, and any governmental entity operating as a business enterprise, and any successor of any such entity; and","tail":"\n"}],"tail":"\n"},{"t":"subpara","id":"/us/usc/t22/s2797c/a/8/B","children":[{"t":"num","text":"(B)"},{"t":"chapeau","text":" in the case of countries with non-market economies (excluding former members of the Warsaw Pact), the term \u201cperson\u201d means\u2014"},{"t":"clause","id":"/us/usc/t22/s2797c/a/8/B/i","children":[{"t":"num","text":"(i)"},{"t":"content","text":" all activities of that government relating to the development or production of any missile equipment or technology; and","tail":"\n"}],"tail":"\n"},{"t":"clause","id":"/us/usc/t22/s2797c/a/8/B/ii","children":[{"t":"num","text":"(ii)"},{"t":"content","text":" all activities of that government affecting the development or production of electronics, space systems or equipment, and military aircraft; and","tail":"\n"}],"tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"para","id":"/us/usc/t22/s2797c/a/9","children":[{"t":"num","text":"(9)"},{"t":"content","text":" the term \u201cotherwise engaged in the trade of\u201d means, with respect to a particular export or transfer, to be a freight forwarder or designated exporting agent, or a consignee or end user of the item to be exported or transferred.","tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"subsec","id":"/us/usc/t22/s2797c/b","children":[{"t":"num","text":"(b)"},{"t":"heading","text":"International understanding defined"},{"t":"chapeau","text":"For purposes of subsection (a)(3), as it relates to any international understanding concluded with the United States after ","children":[{"t":"text","text":"January 1, 2000","tail":", the term \u201cinternational understanding\u201d means\u2014"}]},{"t":"para","id":"/us/usc/t22/s2797c/b/1","children":[{"t":"num","text":"(1)"},{"t":"content","text":" any specific agreement by a country not to export, transfer, or otherwise engage in the trade of any MTCR equipment or technology that contributes to the acquisition, design, development, or production of missiles in a country that is not an MTCR adherent and would be, if it were United States-origin equipment or technology, subject to the jurisdiction of the United States under this chapter; or","tail":"\n"}],"tail":"\n"},{"t":"para","id":"/us/usc/t22/s2797c/b/2","children":[{"t":"num","text":"(2)"},{"t":"content","text":" any specific understanding by a country that, notwithstanding ","children":[{"t":"ref","text":"section 2797b(b) of this title","href":"/us/usc/t22/s2797b/b","tail":", the United States retains the right to take the actions under "},{"t":"ref","text":"section 2797b(a)(2) of this title","href":"/us/usc/t22/s2797b/a/2","tail":" in the case of any export or transfer of any MTCR equipment or technology that contributes to the acquisition, design, development, or production of missiles in a country that is not an MTCR adherent and would be, if it were United States-origin equipment or technology, subject to the jurisdiction of the United States under this chapter."}],"tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"text","text":"\n"},{"t":"text","text":"\n"}]}]}