§ 7701(a)(51)(B)

a specified foreign entity

UNDECIDED

0 of 3 settled

  1. 1

    § 7701(a)(51)(B)

    ANY OF

    For purposes of this paragraph, the term “specified foreign entity” means—

    “where not otherwise distinctly expressed or manifestly incompatible with the intent thereof—” Enclosing § 7701(a)
    “a foreign entity of concern described in subparagraph (A), (B), (D), or (E) of section 9901(8) of the William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021 (Public Law 116–283; 15 U.S.C. 4651),” § 7701(a)(51)(B)(i)
    “an entity identified as a Chinese military company operating in the United States in accordance with section 1260H of the William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021 (Public Law 116–283; 10 U.S.C. 113 note),” § 7701(a)(51)(B)(ii)
    “an entity included on a list required by clause (i), (ii), (iv), or (v) of section 2(d)(2)(B) of Public Law 117–78 (135 Stat. 1527),” § 7701(a)(51)(B)(iii)
    “an entity specified under section 154(b) of the National Defense Authorization Act for Fiscal Year 2024 (Public Law 118–31; 10 U.S.C. note prec. 4651), or” § 7701(a)(51)(B)(iv)
    “a foreign-controlled entity.” § 7701(a)(51)(B)(v) needs Step 2 a foreign-controlled entity UNDECIDED
  2. 2

    § 7701(a)(51)(C)

    a foreign-controlled entity

    ANY OF

    For purposes of subparagraph (B), the term “foreign-controlled entity” means—

    “where not otherwise distinctly expressed or manifestly incompatible with the intent thereof—” Enclosing § 7701(a)
    “the government (including any level of government below the national level) of a covered nation,” § 7701(a)(51)(C)(i)
    “an agency or instrumentality of a government described in clause (i),” § 7701(a)(51)(C)(ii)
    “a person who is a citizen or national of a covered nation, provided that such person is not an individual who is a citizen, national, or lawful permanent resident of the United States,” § 7701(a)(51)(C)(iii)

    Step 3 a foreign-controlled entity UNDECIDED

    “an entity or a qualified business unit (as defined in section 989(a)) incorporated or organized under the laws of, or having its principal place of business in, a covered nation, or” § 7701(a)(51)(C)(iv)
    “an entity (including subsidiary entities) controlled (as determined under subparagraph (G)) by an entity described in clause (i), (ii), (iii), or (iv).” § 7701(a)(51)(C)(v)
  3. 3

    § 7701(a)(51)(C)(iii)

    a foreign-controlled entity

    ALL OF
    “where not otherwise distinctly expressed or manifestly incompatible with the intent thereof—” Enclosing § 7701(a)
    “provided that such person is not an individual who is a citizen, national, or lawful permanent resident of the United States,” Opening words
    “a person who is a citizen or national of a covered nation”
    NOT“an individual who is a citizen, national, or lawful permanent resident of the United States”