Thursday, October 12, 2017

§8801. Definitions

(a) In general

In this chapter:

(1) Agricultural commodity

The term "agricultural commodity" has the meaning given that term in section 5602 of title 7.

(1)Agricultural commodity
The term “agricultural commodity” means any agricultural commodity, food, feed, fiber, or livestock (including livestock as it is defined in section 1471(2) of this title and insects), and any product thereof.

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Before going forward I thought this aspect of law should be repeated. The President cannot simply decertify without cause. If Donald Trump decertifies the JCPOA, it will be in violation of international law.

SEC. 8. TERMINATION OF SANCTIONS. (click here)
(a) IRAN.—The requirement under section 5(a) to impose sanctions
shall no longer have force or effect with respect to Iran
if the President determines and certifies to the appropriate congressional
committees that Iran—
(1) has ceased its efforts to design, develop, manufacture,
or acquire—
(A) a nuclear explosive device or related materials
and technology;
(B) chemical and biological weapons; and
(C) ballistic missiles and ballistic missile launch technology;
and
(2) has been removed from the list of countries the governments
of which have been determined, for purposes of section
6(j) of the Export Administration Act of 1979, to have repeatedly
provided support for acts of international terrorism.

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(2) Appropriate congressional committees

The term "appropriate congressional committees" means—
(A) the committees specified in section 14(2) of the Iran Sanctions Act of 1996 (Public Law 104–17250 U.S.C. 1701 note); and

(2) APPROPRIATE CONGRESSIONAL COMMITTEES.—The term
‘‘appropriate congressional committees’’ means the Committee
on Finance, the Committee on Banking, Housing, and Urban
Affairs, and the Committee on Foreign Relations of the Senate
and the Committee on Ways and Means, the Committee on
Banking and Financial Services, and the Committee on
InternationalRelations of the House of Representatives.

(3) Coal

The term "coal" means metallurgical coal, coking coal, or fuel coke.

(4) Correspondent account; payable-through account

The terms "correspondent account" and "payable-through account" have the meanings given those terms in section 5318A of title 31.

payable-through account

(C)The term “payable-through account” means an account, including a transaction account (as defined in section 19(b)(1)(C) of the Federal Reserve Act), opened at a depository institution by a foreign financial institution by means of which the foreign financial institution permits its customers to engage, either directly or through a subaccount, in banking activities usual in connection with the business of banking in the United States.

correspondent account

(B)The term “correspondent account” means an account established to receive deposits from, make payments on behalf of a foreign financial institution, or handle other financial transactions related to such institution.

(5) Foreign financial institution

The term "foreign financial institution" has the meaning of that term as determined by the Secretary of the Treasury pursuant to section 8513(i) of this title.

foreign financial institution (click here)
(D)The terms “foreign financial institution” and “domestic financial institution” shall have the meanings of those terms as determined by the Secretary of the Treasury.

(6) Good

The term "good" has the meaning given that term in section 4618 of title 50 (click here) (as continued in effect pursuant to the International Emergency Economic Powers Act (50 U.S.C. 1701 et seq.)). (click here)

good
(3)the term “good” means any article, natural or manmade substance, material, supply or manufactured product, including inspection and test equipment, and excluding technical data;

(7) Iranian financial institution

The term "Iranian financial institution" has the meaning given that term in section 8513b(d) of this title.

Iranian financial institution (click here)
(3)The term “Iranian financial institution” means— (A)a financial institution organized under the laws of Iran or any jurisdiction within Iran, including a foreign branch of such an institution; (B)a financial institution located in Iran; (C)a financial institution, wherever located, owned or controlled by the Government of Iran; and (D)a financial institution, wherever located, owned or controlled by a financial institution described in subparagraph (A), (B), or (C).

(8) Iranian person

The term "Iranian person" means—
(A) an individual who is a citizen or national of Iran; and
(B) an entity organized under the laws of Iran or otherwise subject to the jurisdiction of the Government of Iran.

(9) Knowingly

The term "knowingly", with respect to conduct, a circumstance, or a result, means that a person has actual knowledge, or should have known, of the conduct, the circumstance, or the result.

(10) Medical device

The term "medical device" has the meaning given the term "device" in section 321 of title 21(click here).

device
(h)The term “device” (except when used in paragraph (n) of this section and inmeans an instrument, apparatus, implement, machine, contrivance, implant, in vitro reagent, or other similar or related article, including any component, part, or accessory, which is—

(11) Medicine

The term "medicine" has the meaning given the term "drug" in section 321 of title 21.

(g)
(1)
The term “drug” means (A) articles recognized in the official United States Pharmacopoeia, official Homoeopathic Pharmacopoeia of the United States, or official National Formulary, or any supplement to any of them;

(12) Shipping

The term "shipping" refers to the transportation of goods by a vessel and related activities.

(13) United States person

The term "United States person" has the meaning given that term in section 8511 of this title.

(14) Vessel


The term "vessel" has the meaning given that term in section 3 of title 1 (click here).

vessel
The word “vessel” includes every description of watercraft or other artificial contrivance used, or capable of being used, as a means of transportation on water.