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To: Sandy
Regarding section 1802, why do you claim that subsection (a)(1)(A) is important, but that subsection (a)(1)(B) is not important?

I agree that section 1802, subsection (a)(1)(A) is restricted to section 1801 (a)(1-3). But section 1802, subsection (a)(1)(B) has no such restriction.

It is stated in section 1801, subsection (i) that a United States person does not include persons that are in association with a foreign power. This definition applies to section 1802, subsection (a)(1)(B).

As such, if you are in association with a foreign power, then you are not a United States person. And if you are not a United States person, then you are not covered by the protection of section 1802, subsection (a)(1)(B).
30 posted on 01/14/2006 8:34:29 PM PST by joseph20
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To: joseph20
Regarding section 1802, why do you claim that subsection (a)(1)(A) is important, but that subsection (a)(1)(B) is not important?

(A), (B), and (C) are *all* important. The AG has to certify to all three. Identifying an appropriate target, however, is the first step.

But section 1802, subsection (a)(1)(B) has no such restriction.

Doesn't matter. (A) defines the target. (B) and (C) deal with what happens after the target is defined. It's not (A), (B), or (C). It's (A), (B), and (C).

It is stated in section 1801, subsection (i) that a United States person does not include persons that are in association with a foreign power.

No, as I explained earlier, it doesn't say that. It says,

“United States person” means
an unincorporated association [unless that association is a foreign power, as defined in subsection (a)(1), (2), or (3)] a substantial number of members of which are citizens of the United States or aliens lawfully admitted for permanent residence

You're simply reading the definition of U.S person incorrectly. "U.S. person" has four meanings:
1. a U.S. citizen
2. a lawful permanent resident
3. a corporation which is incorporated in the United States
or
4. an unincorporated association a substantial number of members of which are U.S. citizens or permanent residents.

The phrase "but does not include a corporation or an association which is a foreign power..." does nothing except to exclude from meanings 3 and 4 those corporations and unincorporated associations which also happen to be 1801(a)(1-3) foreign powers. The phrase in no way modifies meanings 1 and 2. Citizens and residents are not corporations. Nor are they associations. Citizens and residents are just individuals.

35 posted on 01/14/2006 9:54:12 PM PST by Sandy
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