- appropriate congressional committees
means—
- cash flow financing
has the meaning given such term in subsection (d) of section 2765 of this title.
- component
means a specific component of a nuclear explosive device.
- concessional rate of interest
means any rate of interest which is less than market rates of interest;
- conventional armaments and equipment limited by the CFE Treaty
has the same meaning as the term “conventional armaments and equipment limited by the Treaty” does under paragraph 1(J) of article II of the CFE Treaty;
- country of the Eastern Group of States Parties
means a country that is listed in paragraph 1(A) of article II of the CFE Treaty within the group of States Parties that signed the Treaty of Warsaw of 1955 or a successor state to such a country.
- defense article
means an item designated by the President pursuant to subsection (a)(1).
- defense articles and defense services
means, with respect to commercial exports subject to the provisions of section 2778 of this title, those items designated by the President pursuant to subsection (a)(1) of such section;
- defense items
means defense articles, defense services, and related technical data.
- design and construction services
means, with respect to sales under section 2769 of this title, the design and construction of real property facilities, including necessary construction equipment and materials, engineering services, construction contract management services relating thereto, and technical advisory assistance in the operation and maintenance of real property facilities provided or performed by any department or agency of the Department of Defense or by a contractor pursuant to a contract with such department or agency;
- design information
means specific information that relates to the design of a nuclear explosive device and that is not available to the public;
- excess defense article
has the meaning provided by section 2403(g) of this title;
- Export Administration Regulations
means—
- foreign corporation
means a corporation that is not incorporated in the United States;
- foreign defense article or defense service
includes any non-United States defense article or defense service of a nature described on the United States Munitions List regardless of whether such article or service is of United States origin or whether such article or service contains United States origin components.
- foreign government
includes any agency or subdivision of a foreign government, including an official mission of a foreign government;
- foreign person
means any person who is not a citizen or national of the United States or lawfully admitted to the United States for permanent residence under the Immigration and Nationality Act [8 U.S.C. 1101 et seq.], and includes foreign corporations, international organizations, and foreign governments;
- improper influence
means influence, direct or indirect, which induces or attempts to induce consideration or action by any employee or officer of a purchasing foreign government or international organization with respect to such purchase on any basis other than such consideration of merit as are involved in comparable United States procurements.
- incentive payments
means direct monetary compensation made by a United States supplier of defense articles or defense services or by any employee, agent or subcontractor thereof to any other United States person to induce or persuade that United States person to purchase or acquire goods or services produced, manufactured, grown, or extracted, in whole or in part, in the foreign country which is purchasing those defense articles or services from the United States supplier;
- international understanding
means—
- joint resolution
means a joint resolution the matter after the resolving clause of which is as follows: “That the Congress having received on __ a certification by the President under section 102(b)(4) of the Arms Export Control Act with respect to __, the Congress hereby authorizes the President to exercise the waiver authority contained in section 102(b)(5) of that Act.”, with the date of receipt of the certification inserted in the first blank and the name of the country inserted in the second blank.
- major defense equipment
means any item of significant military equipment on the United States Munitions List having a nonrecurring research and development cost of more than $50,000,000 or a total production cost of more than $200,000,000;
- major refurbishment work
means work for which the period of performance is 6 months or more.
- market rate of interest
means any rate of interest which is equal to or greater than the current average interest rate (as of the last day of the month preceding the financing of the procurement under this section) that the United States Government pays on outstanding marketable obligations of comparable maturity.
- 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;
- 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;
- munitions item
means any item enumerated on the United States Munitions list 2 (without regard to whether the item is imported into or exported from the United States);
- NATO
means the North Atlantic Treaty Organization;
- non-nuclear-weapon state
means any country which is not a nuclear-weapon state, as defined in Article IX(3) of the Treaty on the Non-Proliferation of Nuclear Weapons.
- nuclear explosive device
has the meaning given that term in section 6305(4) of this title;
- offset agreement
means an agreement, arrangement, or understanding between a United States supplier of defense articles or defense services and a foreign country under which the supplier agrees to purchase or acquire, or to promote the purchase or acquisition by other United States persons of, goods or services produced, manufactured, grown, or extracted, in whole or in part, in that foreign country in consideration for the purchase by the foreign country of defense articles or defense service from the supplier;
- other participant
means a participant in a cooperative project other than the United States.
- 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.
- party to the export
means—
- person
means a natural person as well as a corporation, business association, partnership, society, trust, or any other entity, organization, or group, including governmental entities.
- qualitative military edge
means the ability to counter and defeat any credible conventional military threat from any individual state or possible coalition of states or from non-state actors, while sustaining minimal damages and casualties, through the use of superior military means, possessed in sufficient quantity, including weapons, command, control, communication, intelligence, surveillance, and reconnaissance capabilities that in their technical characteristics are superior in capability to those of such other individual or possible coalition of states or non-state actors.
- Sales territory
means a country or group of countries to which a defense article or defense service is authorized to be reexported.
- security assistance surveys
means any survey or study conducted in a foreign country by United States Government personnel for the purpose of assessing the needs of that country for security assistance, and includes defense requirement surveys, site surveys, general surveys or studies, and engineering assessment surveys.
- significant military equipment
means articles—
- support or procurement partnership agreement
means an agreement between two or more member countries of the North Atlantic Treaty Organization (NATO) Support and Procurement Organization and its executive agencies that—
- training
includes formal or informal instruction of foreign students in the United States or overseas by officers or employees of the United States, contract technicians, or contractors (including instruction at civilian institutions), or by correspondence courses, technical, educational, or information publications and media of all kinds, training aid, orientation, training exercise, and military advice to foreign military units and forces;
- United States person
means—
- unsafeguarded special nuclear material
has the meaning given that term in section 6305(8) of this title.
- value
means, in the case of an excess defense article, except as otherwise provided in section 2761(a) of this title, not less than the greater of—
- weapons of mass destruction
has the meaning provided by section 2302(1) of title 50;