22 U.S.C. § 7201

Current through P.L. 118-107 (published on www.congress.gov on 11/21/2024)

Section 7201 - Definitions

In this chapter:

(1) Agricultural commodity

The term "agricultural commodity" has the meaning given the term in section 102 of the Agricultural Trade Act of 1978 (7 U.S.C. 5602).

(2) Agricultural program

The term "agricultural program" means-

(A) any program administered under the Food for Peace Act (7 U.S.C. 1691 et seq.);

(B) any program administered under section 1431 of title 7;

(C) any program administered under the Agricultural Trade Act of 1978 (7 U.S.C. 5601 et seq.);

(D) any commercial export sale of agricultural commodities; or

(E) any export financing (including credits or credit guarantees) provided by the United States Government for agricultural commodities.

(3) Joint resolution

The term "joint resolution" means-

(A) in the case of section 7202(a)(1) of this title, only a joint resolution introduced within 10 session days of Congress after the date on which the report of the President under section 7202(a)(1) of this title is received by Congress, the matter after the resolving clause of which is as follows: "That Congress approves the report of the President pursuant to section 903(a)(1) of the Trade Sanctions Reform and Export Enhancement Act of 2000, transmitted on ______________.", with the blank completed with the appropriate date; and

(B) in the case of section 7205(1)¹ of this title, only a joint resolution introduced within 10 session days of Congress after the date on which the report of the President under section 7205(2)¹ of this title is received by Congress, the matter after the resolving clause of which is as follows: "That Congress approves the report of the President pursuant to section 906(1) of the Trade Sanctions Reform and Export Enhancement Act of 2000, transmitted on ______________.", with the blank completed with the appropriate date.

(4) Medical device

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

(5) Medicine

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

(6) Unilateral agricultural sanction

The term "unilateral agricultural sanction" means any prohibition, restriction, or condition on carrying out an agricultural program with respect to a foreign country or foreign entity that is imposed by the United States for reasons of foreign policy or national security, except in a case in which the United States imposes the measure pursuant to-

(A) a multilateral regime and the other member countries of that regime have agreed to impose substantially equivalent measures; or

(B) a mandatory decision of the United Nations Security Council.

(7) Unilateral medical sanction

The term "unilateral medical sanction" means any prohibition, restriction, or condition on exports of, or the provision of assistance consisting of, medicine or a medical device with respect to a foreign country or foreign entity that is imposed by the United States for reasons of foreign policy or national security, except in a case in which the United States imposes the measure pursuant to-

(A) a multilateral regime and the other member countries of that regime have agreed to impose substantially equivalent measures; or

(B) a mandatory decision of the United Nations Security Council.

¹So in original. Probably should be section "7204".

22 U.S.C. § 7201

Pub. L. 106-387, §1(a) [title IX, §902], Oct. 28, 2000, 114 Stat. 1549, 1549A-67; Pub. L. 110-246, title III, §3001(b)(1)(A), (2) (X), June 18, 2008, 122 Stat. 1820, 1821; Pub. L. 113-79, title I, §1423(b), Feb. 7, 2014, 128 Stat. 695.

EDITORIAL NOTES

REFERENCES IN TEXTThe Food for Peace Act, referred to in par. (2)(A), is act July 10, 1954, ch. 469, 68 Stat. 454, which is classified principally to chapter 41 (§1691 et seq.) of Title 7, Agriculture. For complete classification of this Act to the Code, see Short Title note set out under section 1691 of Title 7 and Tables. The Agricultural Trade Act of 1978, referred to in par. (2)(C), is Pub. L. 95-501, Oct. 21, 1978, 92 Stat. 1685, as amended generally by Pub. L. 101-624, title XV, §15311531,, 104 Stat. 3668, which is classified generally to chapter 87 (§5601 et seq.) of Title 7, Agriculture. For complete classification of this Act to the Code, see Short Title note set out under section 5601 of Title 7 and Tables. Section 903(a)(1) of the Trade Sanctions Reform and Export Enhancement Act of 2000, referred to in par. (3)(A), is section 1(a) [title IX, §903(a)(1)] of Pub. L. 106-387 which is classified to section 7202(a)(1) of this title.Section 906 of the Trade Sanctions Reform and Export Enhancement Act of 2000, referred to in par. (3)(B), is section 1(a) [title IX, §906] of Pub. L. 106-387 which is classified to section 7205 of this title. Provisions relating to report of the President and enactment into law of a joint resolution are contained in section 905 of the Act, which is classified to section 7204 of this title.

AMENDMENTS2014-Par. (2)(D)-(F). Pub. L. 113-79 redesignated subpars. (E) and (F) as (D) and (E), respectively, and struck out former subpar. (D) which read as follows: "the dairy export incentive program administered under section 713a-14 of title 15;". 2008-Par. (2)(A). Pub. L. 110-246 substituted "Food for Peace Act" for "Agricultural Trade Development and Assistance Act of 1954".

STATUTORY NOTES AND RELATED SUBSIDIARIES

EFFECTIVE DATE OF 2008 AMENDMENT Amendment by Pub. L. 110-246 effective May 22, 2008, see section 4(b) of Pub. L. 110-246 set out as an Effective Date note under section 8701 of Title 7, Agriculture.

EFFECTIVE DATE Pub. L. 106-387, §1(a) [title IX, §911], Oct. 28, 2000, 114 Stat. 1549, 1549A-72, provided that:"(a) IN GENERAL.-Except as provided in subsection (b), this title [enacting this chapter] shall take effect on the date of enactment of this Act [Oct. 28, 2000], and shall apply thereafter in any fiscal year."(b) EXISTING SANCTIONS.-In the case of any unilateral agricultural sanction or unilateral medical sanction that is in effect as of the date of enactment of this Act, this title shall take effect 120 days after the date of enactment of this Act, and shall apply thereafter in any fiscal year."

SHORT TITLE Pub. L. 106-387, §1(a) [title IX, §901], Oct. 28, 2000, 114 Stat. 1549, 1549A-67, provided that: "This title [enacting this chapter] may be cited as the 'Trade Sanctions Reform and Export Enhancement Act of 2000'."

DEFINITIONS Pub. L. 106-387, §1(a) [title VII, §775], Oct. 28, 2000, 114 Stat. 1549, 1549A-45, provided that: "For purposes of administering title IX of this Act [enacting this chapter], the term 'agricultural commodity' shall also include fertilizer and organic fertilizer, except to the extent provided pursuant to section 904 of that title [22 U.S.C. 7203] ."