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Code of Federal Regulations (Last Updated: July 5, 2024) |
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Title 31 - Money and Finance: Treasury |
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Subtitle B - Regulations Relating to Money and Finance |
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Chapter VIII - Office of Investment Security, Department of the Treasury |
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Part 801 - Pilot Program to Review Certain Transactions Involving Foreign Persons and Critical Technologies |
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Subpart B - Definitions |
§ 801.209 - Pilot program covered investment.
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§ 801.209 Pilot program covered investment.
The term pilot program covered investment means an investment, direct or indirect, by a foreign person in an unaffiliated pilot program U.S. business that could not result in control by a foreign person of a pilot program U.S. business and that affords the foreign person:
(a) Access to any material nonpublic technical information in the possession of the pilot program U.S. business;
(b) Membership or observer rights on the board of directors or equivalent governing body of the pilot program U.S. business or the right to nominate an individual to a position on the board of directors or equivalent governing body of the pilot program U.S. business; or
(c) Any involvement, other than through voting of shares, in substantive decisionmaking of the pilot program U.S. business regarding the use, development, acquisition, or release of critical technology.