22 U.S.C. § 4341: Definitions

Summary

Defines the meanings of key words used in this chapter. Employee — a person under a chief of mission’s authority (see section 3927) who is a federal employee (section 2105), a worker for the U.S. Postal Service or Postal Regulatory Commission, a member of a uniformed service not under an area military commander, or an expert/consultant hired under section 3109, and who is not a national or permanent resident of the country where they work. Contractor — someone hired under personal services contracts (see sections 2669(c), 2396(a)(3), or similar authority) or others the regulations under section 4343 name; excludes contractors under an area military commander. Charitable contribution — a gift like those in section 170(c) of Title 26 or similar gifts to approved foreign charities under regulations. Chief of mission — as defined in section 3902(3). Foreign country — any country or territory except the United States and its listed territories and possessions. Personal property — personal items (cars, computers, boats, audio/video gear, etc.) but not items of minimal value as set by regulation. Profit — money received from selling personal property above its basis; basis includes purchase price and specified costs (transport, shipping insurance, taxes, customs, duties, charges, and capital improvements) but not insurance while in use or maintenance; values are converted to U.S. dollars at the exchange rate set by regulation.

Title 22, §4341

Foreign Relations and Intercourse, Source: USLM XML via OLRC

For purposes of this chapter, the following terms have the following meanings:

(1)The term “employee” means an individual who is under the jurisdiction of a chief of mission to a foreign country (as provided under section 3927 of this title) and who is—

(A)an employee as defined by section 2105 of title 5;

(B)an officer or employee of the United States Postal Service or of the Postal Regulatory Commission;

(C)a member of a uniformed service who is not under the command of an area military commander; or

(D)an expert or consultant as authorized pursuant to section 3109 of title 5 with the United States or any agency, department, or establishment thereof; but is not a national or permanent resident of the foreign country in which employed.

(2)The term “contractor” means—

(A)an individual employed by personal services contract pursuant to section 2669(c) of this title, section 2396(a)(3) of this title, or pursuant to other similar authority, including, in the case of an organization performing services under such authority, an individual involved in the performance of such services; and

(B)such other individuals or firms providing goods or services by contract as are designated by regulations issued pursuant to section 4343 of this title;

but does not include a contractor with or under the supervision of an area military commander.

(3)The term “charitable contribution” means a contribution or gift as defined in section 170(c) of title 26, or other similar contribution or gift to a bona fide charitable foreign entity as determined pursuant to regulations or policies issued pursuant to section 4343 of this title.

(4)The term “chief of mission” has the meaning given such term by section 3902(3) of this title.

(5)The term “foreign country” means any country or territory, excluding the United States, the Commonwealth of Puerto Rico, the Commonwealth of the Northern Mariana Islands, the Trust Territory of the Pacific Islands, American Samoa, Guam, the Virgin Islands, and other territories or possessions of the United States.

(6)The term “personal property” means any item of personal property, including automobiles, computers, boats, audio and video equipment, and any other items acquired for personal use, but excluding items of minimal value as determined by regulation or policy issued pursuant to section 4343 of this title.

(7)The term “profit” means any proceeds (including cash and other valuable consideration but not including amounts of such proceeds given as charitable contributions) for the sale, disposition, or assignment of personal property in excess of the basis for such property. For purposes of this chapter, basis shall include initial price, inland and overseas transportation costs (if not reimbursed by the United States Government), shipping insurance, taxes, customs fees, duties or other charges, and capital improvements, but shall not include insurance on an item while in use, or maintenance and related costs. For purposes of computing profit, proceeds and costs shall be valued in United States dollars at the time of receipt or payment, at a rate of exchange as determined by regulation or policy issued pursuant to section 4343 of this title.

Notes & Related Subsidiaries

Editorial Notes

Amendments

2006—Par. (1)(B). Pub. L. 109–435 substituted “Postal Regulatory Commission” for “Postal Rate Commission”.

Statutory Notes and Related Subsidiaries

Effective Date

Pub. L. 100–204, title I, § 186(b), Dec. 22, 1987, 101 Stat. 1368, provided that: “This section [enacting this chapter] shall take effect 180 days after the date of enactment of this Act [Dec. 22, 1987].”

Executive Documents

Termination of Trust Territory of the Pacific Islands For termination of Trust Territory of the Pacific Islands, see note set out preceding section 1681 of Title 48, Territories and Insular Possessions.

§4341 Definitions