§ 325.2 - Definitions.

§ 325.2 Definitions.

As used in this part:

(a) Act means title III of Pub. L. 97-290, Export Trade Certificates of Review.

(b) Antitrust laws means the antitrust laws, as the term is defined in the first section of the Clayton Act (15 U.S.C. 12), section 5 of the Federal Trade Commission Act (15 U.S.C. 45) (to the extent that section 5 prohibits unfair methods of competition), and any State antitrust or unfair competition law.

(c) Applicant means the person or persons who submit an application for a certificate.

(d) Application means an application for a certificate to be issued under the Act.

(e) Attorney General means the Attorney General of the United States or his designee.

(f) Certificate means a certificate of review issued pursuant to the Act.

(g) Control means either

(1) holding 50 percent or more of the outstanding voting securities of an issuer; or

(2) having the contractual power presently to designate a majority of the directors of a corporation, or in the case of an unincorporated entity, a majority of the individuals who exercise similar functions.

(h) Controlling entity means an entity which directly or indirectly controls a member or applicant, and is not controlled by any other entity.

(i) Export conduct means specified export trade activities and methods of operation carried out in specified export trade and export markets.

(j) Export trade means trade or commerce in goods, wares, merchandise, or services that are exported, or are in the course of being exported, from the United States or any territory of the United States to any foreign nation.

(k) Export trade activities means activities or agreements in the course of export trade.

(l) Member means an entity (U.S. or foreign) or a person which is seeking protection under the certificate with the applicant. A member may be a partner in a partnership or a joint venture; a shareholder of a corporation; or a participant in an association, cooperative, or other form of profit or nonprofit organization or relationship, by contract or other arrangement.

(m) Method of operation means any method by which an applicant or member conducts or proposes to conduct export trade.

(n) Person means an individual who is a resident of the United States; a partnership that is created under and exists pursuant to the laws of any State or of the United States; a State or local government entity; a corporation, whether it is organized as a profit or nonprofit corporation, that is created under and exists pursuant to the laws of any State or of the United States; or any association or combination, by contract or other arrangement, between or among such persons.

(o) Secretary means the Secretary of Commerce or his designee.

(p) Services means intangible economic output, including, but not limited to -

(1) business, repair, and amusement services,

(2) management, legal, engineering, architectural, and other professional services, and

(3) financial, insurance, transportation, informational and any other data-based services, and communication services.

(q) United States means the fifty States of the United States, the District of Columbia, the Commonwealth of Puerto Rico, the Virgin Islands, American Samoa, Guam, the Commonwealth of the Northern Mariana Islands, and the Trust Territory of the Pacific Islands.