31-4-202: Definitions.

The definitions set forth in 31-4-102 apply for the purposes of this part. In addition, the following definitions apply for the purposes of this part:

(1) "Foreign adversary" means:

(a) a foreign government of a foreign country identified or designated as a foreign adversary pursuant to 15 CFR 791.4, as in effect on May 5, 2025;

(b) any political subdivision, agency, department, or political party of a foreign government identified in subsection (1)(a); or

(c) a foreign nongovernment person identified or designated by the United States secretary of commerce as a foreign adversary pursuant to 15 CFR 791.4, as in effect on May 5, 2025.

(2) "Foreign person" means:

(a) an individual who is not a citizen of the United States or is not an alien lawfully admitted for permanent residence in the United States;

(b) an entity that is not formed, organized, incorporated, or created in the United States;

(c) an entity of which a majority of the persons who own or control the entity are not citizens of the United States or are not aliens lawfully admitted for permanent residence in the United States;

(d) the government, a political subdivision, agency, department, or a political party of a country other than the United States;

(e) an entity that has a place of business in a country other than the United States and that has shares or other ownership interest held by the government or a government official of a country other than the United States; and

(f) an employee, officer, director, official, or member of an entity described in this subsection (2).

(3) "Foreign person of concern" means a person that:

(a) is formed, organized, incorporated, or created in a foreign country identified as a foreign adversary;

(b) is formed, organized, incorporated, owned, controlled, or affiliated, directly or indirectly, with a foreign adversary;

(c) maintains a personal residence or place of business in a foreign country identified as a foreign adversary; or

(d) is formed, organized, incorporated, owned, controlled, or affiliated, directly or indirectly, with a foreign person that has been:

(i) placed on the federal office of foreign assets control's specially designated nationals and blocked persons list, also known as the SDN list, as amended; or

(ii) designated by the United States secretary of state as a foreign terrorist person or organization.