§1244. Definitions

When used in this chapter-

(a) The words "foreign commerce" or "foreign trade" mean commerce or trade between the United States, its Territories or possessions, or the District of Columbia, and a foreign country, except that in the context of section 1177 of this Appendix concerning capital construction funds and in the context of subchapter V of this chapter concerning construction-differential subsidy, the said words "foreign commerce" or "foreign trade" shall also include, in the case of liquid and dry bulk cargo carrying services, trading between foreign ports in accordance with normal commercial bulk shipping practices in such manner as will permit U.S.-flag bulk vessels freely to compete with foreign-flag bulk carrying vessels in their operation or in competing for charters, subject to rules and regulations promulgated by the Secretary of Transportation pursuant to section 1114(b) of this Appendix.

(b) The term "person" includes corporations, partnerships, and associations existing under or authorized by the laws of the United States, or any State, Territory, District, or possession thereof, or of any foreign country.

(c) The words "citizen of the United States" include a corporation, partnership, or association only if it is a citizen of the United States within the meaning of section 802 of this Appendix, and with respect to a corporation under subchapter VI of this chapter, all directors of the corporation are citizens of the United States and, in the case of a corporation, partnership, or association operating a vessel on the Great Lakes, or on bays, sounds, rivers, harbors, or inland lakes of the United States the amount of interest required to be owned by a citizen of the United States shall be not less than 75 per centum.

(d) The word "construction" includes outfitting and equipping.

(e) Repealed. Pub. L. 97–31, §12(133)(B), Aug. 6, 1981, 95 Stat. 165 .

(f) The terms "Representative" and "Member of the Congress" include Delegates to the House of Representatives from the District of Columbia, Guam, and the Virgin Islands, and the Resident Commissioner to the House of Representatives from the Commonwealth of Puerto Rico.

(g) The term "United States" includes the District of Columbia, the Commonwealth of Puerto Rico, the Northern Mariana Islands, Guam, American Samoa, the Virgin Islands, and the areas and installations in the Republic of Panama made available to the United States pursuant to the Panama Canal Treaty of 1977, the agreements relating to and implementing that Treaty, signed September 7, 1977, and the Agreement Between the United States of America and the Republic of Panama Concerning Air Traffic Control and Related Services, concluded January 8, 1979.

(June 29, 1936, ch. 858, title IX, §905, 49 Stat. 2016 ; June 23, 1938, ch. 600, §39, 52 Stat. 964 ; July 17, 1952, ch. 939, §21, 66 Stat. 765 ; Pub. L. 86–327, §4, Sept. 21, 1959, 73 Stat. 597 ; Pub. L. 91–469, §28, Oct. 21, 1970, 84 Stat. 1034 ; Pub. L. 92–402, §2, Aug. 22, 1972, 86 Stat. 617 ; Pub. L. 96–453, §3(b), Oct. 15, 1980, 94 Stat. 2008 ; Pub. L. 97–31, §12(133), Aug. 6, 1981, 95 Stat. 165 .)

Amendments

1981-Subsec. (a). Pub. L. 97–31, §12(133)(A), substituted "Secretary of Transportation" for "Secretary of Commerce".

Subsec. (e). Pub. L. 97–31, §12(133)(B), struck out subsec. (e) which defined "United States Maritime Commission" and "Commission" to mean the Secretary of Commerce, the Maritime Administrator, or the Federal Maritime Commission as the context required.

1980-Subsecs. (f), (g). Pub. L. 96–453 added subsecs. (f) and (g).

1972-Subsec. (a). Pub. L. 92–402 made definition of "foreign commerce" or "foreign trade" in context of subchapter V of this chapter concerning construction-differential subsidy applicable in context of section 1177 of this Appendix concerning capital construction funds, made such definition subject to rules and regulations promulgated by the Secretary of Commerce pursuant to section 1114(b) of this Appendix rather than only to uniform regulations promulgated by the Secretary and also applicable, in the case of bulk cargo carrying services, to trading between foreign ports in such manner as will permit U.S.-flag bulk carrying vessels freely to compete with foreign-flag bulk carrying vessels in their operation or in competing for charters.

1970-Subsec. (a). Pub. L. 91–469 expanded definition of "foreign commerce" or "foreign trade" to permit United States operators of dry and liquid bulk ships built with construction subsidy to engage in foreign-to-foreign carriage to the extent permitted by regulations issued by the Secretary of Commerce.

1959-Subsec. (c). Pub. L. 86–327 inserted requirement that all the directors of a corporation under subchapter VI of this chapter be United States citizens.

1952-Subsec. (e). Act July 17, 1952, added subsec. (e) which defined "United States Maritime Commission" and "Commission".

1938-Subsec. (a). Act June 23, 1938, inserted reference to "foreign commerce".

Subsec. (c). Act June 23, 1938, inserted provisions relating to interest of citizens of the United States in vessels operated on the Great Lakes, or on bays, sounds, rivers, harbors, or inland lakes of the United States.

Effective Date of 1980 Amendment

Amendment by Pub. L. 96–453 effective Oct. 1, 1981, see section 4 of Pub. L. 96–453, set out as an Effective Date note under section 1295 of this Appendix.

Section Referred to in Other Sections

This section is referred to in sections 1274, 1274a of this Appendix; title 30 section 1412; title 42 section 9141.