
From the U.S. Code Online via GPO Access
[wais.access.gpo.gov]
[Laws in effect as of January 2, 2001]
[Document not affected by Public Laws enacted between
  January 2, 2001 and January 28, 2002]
[CITE: 22USC2797c]

 
               TITLE 22--FOREIGN RELATIONS AND INTERCOURSE
 
                     CHAPTER 39--ARMS EXPORT CONTROL
 
 SUBCHAPTER VII--CONTROL OF MISSILES AND MISSILE EQUIPMENT OR TECHNOLOGY
 
Sec. 2797c. Definitions


(a) In general

    For purposes of this subchapter--
        (1) the term ``missile'' 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;
        (2) the term ``Missile Technology Control Regime'' or ``MTCR'' 
    means the policy statement, between the United States, the United 
    Kingdom, the Federal Republic of Germany, France, Italy, Canada, and 
    Japan, announced on April 16, 1987, to restrict sensitive missile-
    relevant transfers based on the MTCR Annex, and any amendments 
    thereto;
        (3) the term ``MTCR adherent'' 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;
        (4) the term ``MTCR Annex'' means the Guidelines and Equipment 
    and Technology Annex of the MTCR, and any amendments thereto;
        (5) the terms ``missile equipment or technology'' and ``MTCR 
    equipment or technology'' mean those items listed in category I or 
    category II of the MTCR Annex;
        (6) the term ``United States person'' has the meaning given that 
    term in section 2415(2) of title 50, Appendix;
        (7) the term ``foreign person'' means any person other than a 
    United States person;
        (8)(A) the term ``person'' 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
        (B) in the case of countries with non-market economies 
    (excluding former members of the Warsaw Pact), the term ``person'' 
    means--
            (i) all activities of that government relating to the 
        development or production of any missile equipment or 
        technology; and
            (ii) all activities of that government affecting the 
        development or production of electronics, space systems or 
        equipment, and military aircraft; and

        (9) the term ``otherwise engaged in the trade of'' 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.

(b) International understanding defined

    For purposes of subsection (a)(3) of this section, as it relates to 
any international understanding concluded with the United States after 
January 1, 2000, the term ``international understanding'' means--
        (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
        (2) any specific understanding by a country that, 
    notwithstanding section 2797b(b) of this title, the United States 
    retains the right to take the actions under section 2797b(a)(2) of 
    this title 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.

(Pub. L. 90-629, ch. 7, Sec. 74, as added Pub. L. 101-510, div. A, title 
XVII, Sec. 1703, Nov. 5, 1990, 104 Stat. 1748; amended Pub. L. 102-138, 
title III, Sec. 323(b), (c), Oct. 28, 1991, 105 Stat. 711; Pub. L. 106-
113, div. B, Sec. 1000(a)(7) [div. B, title XI, Sec. 1136(a)], Nov. 29, 
1999, 113 Stat. 1536, 1501A-495.)


                               Amendments

    1999--Pub. L. 106-113 designated existing provisions as subsec. (a), 
inserted heading, and added subsec. (b).
    1991--Par. (8)(B). Pub. L. 102-138, Sec. 323(b), substituted 
``countries with non-market economies (excluding former members of the 
Warsaw Pact)'' for ``countries where it may be impossible to identify a 
specific governmental entity referred to in subparagraph (A)''.
    Par. (8)(B)(ii). Pub. L. 102-138, Sec. 323(c), substituted 
``electronics, space systems or equipment, and military aircraft'' for 
``aircraft, electronics, and space systems or equipment''.

                  Section Referred to in Other Sections

    This section is referred to in sections 2776, 2797b-2 of this title.
