179
HR 361 RDS
For purposes of subparagraph (B), the mere inclu-
sion of items on a list of items subject to export con-
trols imposed pursuant to a multilateral export con-
trol regime shall not alone constitute credible evi-
dence that the government of a country provides an
effective means of controlling the export of such
items to controlled countries.
(12) ITEM.—The term ‘‘item’’ means any com-
modity, technology, or other information.
(13) LICENSING REQUIREMENT.—The term ‘‘li-
censing requirement’’ includes any restriction or
condition, including recordkeeping and reporting,
imposed by the Secretary under this title in licensing
the export of a commodity, technology, or other in-
formation.
(14) MEMBER
OF
AN
EXPORT
CONTROL
RE-
GIME.—A ‘‘member’’ of an export control regime,
multilateral export control regime, multilateral re-
gime, or regime is a country that participates in that
regime.
(15) MISSILE.—The term ‘‘missile’’ means any
missile system or component listed in category I of
the MTCR Annex, and any other unmanned delivery
system or component of similar capability, as well as
180
HR 361 RDS
the specially designed production facilities for these
systems.
(16) MISSILE TECHNOLOGY CONTROL REGIME;
MTCR.—The term ‘‘Missile Technology Control Re-
gime’’ or ‘‘MTCR’’ means the policy statement and
guidelines 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-related transfers
based on the MTCR Annex, and any amendments
thereto.
(17) 
MTCR 
ANNEX.—The 
term 
‘‘MTCR
Annex’’ means the Equipment and Technology
Annex of the MTCR, and any amendments thereto.
(18) NUCLEAR EXPLOSIVE DEVICE.—The term
‘‘nuclear explosive device’’ means any device, wheth-
er assembled or disassembled, that is designed to
produce an instantaneous release of an amount of
nuclear energy from special nuclear material that is
greater than the amount of energy that would be re-
leased from the detonation of one pound of trinitro-
toluene (TNT).
(19) NUCLEAR SUPPLIERS’ GROUP.—The term
‘‘Nuclear Suppliers’ Group’’ means the multilateral
arrangement in which the United States participates
181
HR 361 RDS
whose purpose is to restrict the transfers of items
with relevance to the nuclear fuel cycle or nuclear
explosive applications.
(20) PERSON.—Except as provided in section
111, the term ‘‘person’’ includes—
(A) the singular and the plural and any in-
dividual, partnership, corporation, business as-
sociation, society, trust, organization, or any
other group created or organized under the laws
of a country; and
(B) any government, or any governmental
body, corporation, trust, agency, department, or
group, operating as a business enterprise.
(21) REEXPORT.—The term ‘‘reexport’’ means
the shipment, transfer, transshipment, or diversion
of items from one foreign country to another.
(22) 
SECRETARY.—The 
term 
‘‘Secretary’’
means the Secretary of Commerce or any successor
officer performing functions of the Secretary of
Commerce under this title.
(23) TECHNOLOGY.—The term ‘‘technology’’
means specific information that is necessary for the
development, production, or use of a commodity, in-
cluding source code, and that takes the form of tech-
nical data or technical assistance.
182
HR 361 RDS
(24) UNILATERAL
AND
UNILATERALLY.—The
terms ‘‘unilateral’’ and ‘‘unilaterally’’, with respect
to an export control on a commodity or technology,
refer to a control that is not similarly imposed in
similar circumstances by any country other than the
United States, and that materially restricts the ex-
port of the commodity or technology.
(25) UNITED
STATES.—The term ‘‘United
States’’ means the States of the United States, the
District of Columbia, and any commonwealth, terri-
tory, dependency, or possession of the United States,
and includes the outer Continental Shelf, as defined
in section 2(a) of the Outer Continental Shelf Lands
Act (43 U.S.C. 1331(a)).
(26) UNITED
STATES
PERSON.—The term
‘‘United States person’’ means any United States
citizen, resident, or national (other than an individ-
ual resident outside the United States and employed
by other than a United States person), any domestic
concern (including any permanent domestic estab-
lishment of any foreign concern) and any foreign
subsidiary or affiliate (including any permanent for-
eign establishment) of any domestic concern which is
controlled in fact by such domestic concern, as de-
termined under regulations of the President.
183
HR 361 RDS
(27) WASSENAAR
ARRANGEMENT.—The term
‘‘Wassenaar Arrangement’’ means the multilateral
regime in which the United States participates that
seeks to promote transparency and responsibility
with regard to the transfers of conventional arma-
ments and sensitive dual-use goods and technologies.
(28) WEAPON
OF
MASS
DESTRUCTION.—The
term ‘‘weapon of mass destruction’’ means any
chemical, biological, or nuclear weapon, including a
nuclear explosive device.
SEC. 117. EFFECTS ON OTHER ACTS.
(a) COMMODITY JURISDICTION.—
(1) COORDINATION
OF
CONTROLS.—The au-
thority granted under this title and under section 38
of the Arms Export Control Act (22 U.S.C. 2778)
shall be exercised in such a manner as to achieve ef-
fective coordination between the licensing systems
under this title and such section 38 and to share in-
formation regarding the trustworthiness of parties.
(2) 
ELIMINATION
OF
OVERLAPPING
CON-
TROLS.—Notwithstanding any other provision of
law, no item may be included on both the control
index and the United States Munitions List after
the date of the enactment of this Act.
184
HR 361 RDS
(3) COMMODITY JURISDICTION DISPUTE RESO-
LUTION.—The President shall establish procedures
for the resolution of commodity jurisdiction disputes
among departments and agencies of the United
States. Such disputes shall normally be resolved
within 60 days, and the procedures shall allow dis-
putes to be referred to the President normally within
90 days. These procedures shall also—
(A) require the Secretary and the Sec-
retary of State to refer matters to each other
in accordance with their respective jurisdictions;
(B) require transparency, among the Sec-
retary, the Secretary of State, and the Sec-
retary of Defense, in commodity jurisdiction
cases and commodity classification requests and
determinations;
(C) provide for interagency meetings and
consultations to permit the free exchange of
views regarding significant jurisdictional issues;
and
(D) provide deadlines for action and stand-
ards for decision, and ensure that disputes that
cannot be resolved may be referred to the Presi-
dent by the Secretary of State, the Secretary of
Defense, or the Secretary.