Definitions

§2717.1.3. Definitions For purposes of this Part, the following terms have the following meanings: (1) "Agent of a foreign adversary" or "mandatary of a foreign adversary" means a juridical person or a natural person that serves as a mandatary, as provided in Civil Code Article 2989, for a principal that is a foreign adversary and meets one or more of the following criteria: (a) Is under direction of a foreign adversary that has the power to direct or cause the direction of the management or policies of the juridical person whether through ownership of securities, by contract, or otherwise. (b) Directly or indirectly has the right to vote fifty percent or more of the voting interests of an entity that is owned or controlled by a foreign adversary or is entitled to fifty percent or more of its profits and is, therefore, presumed to have the power to direct or cause the direction of the management or policies of the juridical person. (c) Is a juridical person that meets any of the following: (i) Is headquartered in a country identified as a foreign adversary. (ii) Is held or controlled, either directly or indirectly, by a government of a foreign adversary. (iii) Is owned by, or the majority of stock or other ownership interest is held or controlled by, any person who is a citizen of a foreign adversary, unless that person is a legal permanent resident of the United States. (d) Is a juridical person or a subsidiary that is owned by, or the majority of stock or other ownership interest of which is held or controlled by, a corporation or entity described in Subparagraph (c) of this Paragraph. (e) Any individual person who is a citizen of a foreign adversary, unless that person is a legal permanent resident of the United States and does not otherwise meet any of the criteria provided in Subparagraphs (a) through (d) of this Paragraph. (2) "Controlling interest" means possession of the power to direct or cause the direction of the management or policies of a company, whether through ownership of securities, by contract or otherwise. A person or entity that directly or indirectly has the right to vote fifty percent or more of the voting interests of an entity or is entitled to fifty percent or more of its profits is presumed to possess a controlling interest. (3) "Foreign adversary" means a foreign nongovernmental person or foreign government identified as a foreign adversary pursuant to 15 CFR 791.4 and identified in the database maintained by the United States Department of the Treasury, Office of Foreign Assets Control. This term does not include a person who is a legal permanent resident with lawful presence in the United States. (4) "Military installation" means any site that meets any of the following descriptions: (a) Active Air Force ballistic missile fields. (b) Air Force bases administering active Air Force ballistic missile fields. (c) Air Force bases and major annexes of those bases containing a unit from the Air Force Air Combat Command. (d) Air Force bases and major annexes of those bases containing an Air Force research laboratory or test unit and associated sites. (e) Air Force bases and major annexes of those bases, and Space Force bases and major annexes of those bases containing a unit of the North American Aerospace Defense Command and its regions. (f) Air Force bases, Air Force stations, Space Force bases, Space Force stations, and major annexes of those stations and bases that contain satellite, telemetry, tracking, or commanding systems. (g) Army bases, ammunition plants, centers of excellence, major depots and arsenals, military terminals, research laboratories, and any related major annexes. (h) Army combat training centers located in the continental United States. (i) Headquarters of the Office of the Secretary of Defense, the Defense Advanced Research Projects Agency, and major offices and any related annexes. (j) Long range radar sites and major annexes of sites described in this Paragraph. (k) Major range and test facility base activities as defined in 10 U.S.C. 4173. (l) Marine Corps bases, air stations, and major annexes of these bases and stations, excluding detachments and recruit depots. (m) Military ranges as defined in 10 U.S.C. 101(f)(1) or joint forces training centers. (n) Naval bases and air stations including major support activities and annexes. (o) Naval surface, air, and undersea warfare centers and research laboratories and major annexes of these centers and laboratories. (p) Navy off-shore range complexes and off-shore operating areas. (q) Any structure or enclosure that the presentation of a military identification issued by the Department of Defense to active duty service members is required to enter or access. (5) "Military-installation-adjacent land" means immovable property within twenty-five miles of a military installation. (6) "Prohibited foreign actor" means any of following: (a) An agent of a foreign adversary or mandatary of a foreign adversary. (b) A corporation, limited liability company, pension or investment fund, trust, or limited partnership where a foreign adversary or an agent or mandatary of a foreign adversary has a controlling interest. Acts 2026, No. 845, §1.