§ 2794. — Definitions.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 22USC2794]
TITLE 22--FOREIGN RELATIONS AND INTERCOURSE
CHAPTER 39--ARMS EXPORT CONTROL
SUBCHAPTER IV--GENERAL, ADMINISTRATIVE, AND MISCELLANEOUS PROVISIONS
Sec. 2794. Definitions
For purposes of this chapter, the term--
(1) ``excess defense article'' has the meaning provided by
section 2403(g) of this title;
(2) ``value'' means, in the case of an excess defense article,
except as otherwise provided in section 2761(a) of this title,,\1\
not less than the greater of--
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\1\ So in original.
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(A) the gross cost incurred by the United States Government
in repairing, rehabilitating, or modifying such article, plus
the scrap value; or
(B) the market value, if ascertainable;
(3) ``defense article'', except as provided in paragraph (7) of
this section, includes--
(A) any weapon, weapons system, munition, aircraft, vessel,
boat, or other implement of war,
(B) any property, installation, commodity, material,
equipment, supply, or goods used for the purposes of making
military sales,
(C) any machinery, facility, tool, material, supply, or
other item necessary for the manufacture, production,
processing, repair, servicing, storage, construction,
transportation, operation, or use of any article listed in this
paragraph, and
(D) any component or part of any article listed in this
paragraph,
but does not include merchant vessels or (as defined by the Atomic
Energy Act of 1954 [42 U.S.C. 2011 et seq.]) source material (except
uranium depleted in the isotope 235 which is incorporated in defense
articles solely to take advantage of high density or pyrophoric
characteristics unrelated to radioactivity), byproduct material,
special nuclear material, production facilities, utilization
facilities, or atomic weapons or articles involving Restricted Data;
(4) ``defense service'', except as provided in paragraph (7) of
this section, includes any service, test, inspection, repair,
training, publication, technical or other assistance, or defense
information (as defined in section 2403(e) of this title), used for
the purposes of making military sales, but does not include design
and construction services under section 2769 of this title;
(5) ``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;
(6) ``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;
(7) ``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;
(8) ``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;
(9) ``significant military equipment'' means articles--
(A) for which special export controls are warranted because
of the capacity of such articles for substantial military
utility or capability; and
(B) identified on the United States Munitions List;
(10) ``weapons of mass destruction'' has the meaning provided by
section 2302(1) of title 50; and
(11) ``Sales territory'' means a country or group of countries
to which a defense article or defense service is authorized to be
reexported.
(Pub. L. 90-629, ch. 4, Sec. 47, as added Pub. L. 93-189, Sec. 25(12),
Dec. 17, 1973, 87 Stat. 731; amended Pub. L. 94-329, title II, Sec. 215,
June 30, 1976, 90 Stat. 746; Pub. L. 96-92, Sec. 22, Oct. 29, 1979, 93
Stat. 710; Pub. L. 96-533, title I, Sec. 105(f), Dec. 16, 1980, 94 Stat.
3135; Pub. L. 99-83, title I, Sec. 107(b), title XII, Sec. 1211(b)(3),
Aug. 8, 1985, 99 Stat. 197, 279; Pub. L. 104-164, title I, Sec. 144,
July 21, 1996, 110 Stat. 1434; Pub. L. 107-228, div. B, title XII,
Sec. 1202(b), title XIV, Sec. 1405(a)(4), Sept. 30, 2002, 116 Stat.
1427, 1458.)
References in Text
The Atomic Energy Act of 1954, as amended, referred to in par. (3),
is act Aug. 1, 1946, ch. 724, as added by act Aug. 30, 1954, ch. 1073,
Sec. 1, 68 Stat. 921, and amended, which is classified principally to
chapter 23 (Sec. 2011 et seq.) of Title 42, The Public Health and
Welfare. For complete classification of this Act to the Code, see Short
Title note set out under section 2011 of Title 42 and Tables.
Amendments
2002--Par. (10). Pub. L. 107-228, Sec. 1202(b), added par. (10).
Par. (11). Pub. L. 107-228, Sec. 1405(a)(4), added par. (11).
1996--Par. (9). Pub. L. 104-164 added par. (9).
1985--Par. (2). Pub. L. 99-83, Sec. 107(b), inserted ``, except as
otherwise provided in section 2761(a) of this title,''.
Par. (6). Pub. L. 99-83, Sec. 1211(b)(3), substituted ``military''
for ``combat''.
1980--Par. (4). Pub. L. 96-533, Sec. 105(f)(1), excluded from term
``defense service'' design and construction services under section 2769
of this title.
Par. (8). Pub. L. 96-533, Sec. 105(f)(2)-(4), added par. (8).
1979--Par. (3). Pub. L. 96-92 defined ``defense article'' to include
uranium depleted in the isotope 235 which is incorporated in defense
articles solely to take advantage of high density or pyrophoric
characteristics unrelated to radioactivity.
1976--Pars. (3) to (7). Pub. L. 94-329 added pars. (3) to (7).
Effective Date of 1985 Amendment
Amendment by Pub. L. 99-83 effective Oct. 1, 1985, see section 1301
of Pub. L. 99-83, set out as a note under section 2151-1 of this title.
Section Referred to in Other Sections
This section is referred to in sections 2321j, 2753, 2761, 2765,
2770 of this title; title 10 sections 2350i, 2540d; title 12 section
635.
