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15 U.S.C. § 8111 — Definition

Federal law — U.S. Code and appendices · legal_authorities

15 U.S.C. § 8111 — Definition

In this Act, the term “United States person” means— (1) any United States resident or national, (2) any domestic concern (including any permanent domestic establishment of any foreign concern), and (3) any foreign subsidiary or affiliate (including any permanent foreign establishment) of any domestic concern that is controlled in fact by such domestic concern, except that such term does not include an individual who resides outside the United States and is employed by an individual or entity other than an individual or entity described in paragraph (1), (2), or (3).

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Stable record: federal_law:legal_authorities:record_usc_ee63a2c248ce0125faf69df8
Source file: Laws/federal/codes/united-states-code/title-15/section-8111-in-this-act-the-term-united-states-person-means-1-any-united-states-resi--fff7215050.md
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Passage SHA-256: e3ea8749c23693b403c748dc2c8e60983aaa90521b14848580aa82f9000de585

Source location: Title 15, Chapter 107, § 8111; chapter-107-protection-of-intellectual-property-rights.md

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In this Act, the term “United States person” means— (1) any United States resident or national, (2) any domestic concern (including any permanent domestic establishment of any foreign concern), and (3) any foreign subsidiary or affiliate (including any permanent foreign establishment) of any domestic concern that is controlled in fact by such domestic concern, except that such term does not include an individual who resides outside the United States and is employed by an individual or entity other than an individual or entity described in paragraph (1), (2), or (3).

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Federal law — U.S. Code and appendices · legal_authorities

18 U.S.C. § 2323 — Forfeiture, destruction, and restitution

**(a) Civil Forfeiture.—** (1) **Property subject to forfeiture.—** — The following property is subject to forfeiture to the United States Government: (A) Any article, the making or trafficking of which is, prohibited under [section 506 of title 17](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title17-section506&num=0&edition=prelim), or section 2318, 2319, 2319A, 2319B, or 2320, or chapter 90, of this title. (B) Any property used, or intended to be used, in any manner or part to commit or facilitate the commission of an offense referred to in subparagraph (A). (C) Any property constituting or derived from any proceeds obtained directly or indirectly as a result of the commission of an offense referred to in subparagraph (A). (2) **Procedures.—** — The provisions of chapter 46 relating to civil forfeitures shall extend to any seizure or civil forfeiture under this section. For seizures made under this section, the court shall enter an appropriate protective order with respect to discovery and use of any records or information that has been seized. The protective order shall provide for appropriate procedures to ensure that confidential, private, proprietary, or privileged information contained in such records is not improperly disclosed or used. At the conclusion of the forfeiture proceedings, unless otherwise requested by an agency of the United States, the court shall order that any property forfeited under paragraph (1) be destroyed, or otherwise disposed of according to law. **(b) Criminal Forfeiture.—** (1) **Property subject to forfeiture.—** — The court, in imposing sentence on a person convicted of an offense under [section 506 of title 17](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title17-section506&num=0&edition=

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Federal law — U.S. Code and appendices · legal_authorities

15 U.S.C. § 1128 — Repealed. Pub. L. 110–403, title III, § 305(a)(1), Oct. 13, 2008, 122 Stat. 4270

### Statutory Notes Section, Pub. L. 106–58, title VI, § 653, Sept. 29, 1999, 113 Stat. 480; Pub. L. 106–113, div. B, § 1000(a)(9) [title IV, § 4741(b)(1)], Nov. 29, 1999, 113 Stat. 1536, 1501A–586; Pub. L. 108–447, div. B, title II, § 210, Dec. 8, 2004, 118 Stat. 2884, established the National Intellectual Property Law Enforcement Coordination Council. #### Effective Date of Repeal Pub. L. 110–403, title III, § 305(a)(1), Oct. 13, 2008, 122 Stat. 4270, provided that the repeal of this section is effective upon confirmation of the Intellectual Property Enforcement Coordinator by the Senate and publication of such appointment in the Congressional Record. The Senate confirmed the first Intellectual Property Enforcement Coordinator on Dec. 3, 2009, as reflected in that day’s Congressional Record. See 155 Cong. Rec. 29389 (2009).

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Federal law — U.S. Code and appendices · legal_authorities

17 U.S.C. § 509 — Repealed. Pub. L. 110–403, title II, § 201(b)(1), Oct. 13, 2008, 122 Stat. 4260]

### Statutory Notes Section, Pub. L. 94–553, title I, § 101, Oct. 19, 1976, 90 Stat. 2587; Pub. L. 105–80, § 12(a)(14), Nov. 13, 1997, 111 Stat. 1535, related to seizure and forfeiture.

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Federal law — U.S. Code and appendices · legal_authorities

19 U.S.C. § 1595a — Aiding unlawful importation

**(a) Importation, removal, etc. contrary to laws of United States** Except as specified in subsection (b) or (c) of [section 1594 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title19-section1594&num=0&edition=prelim), every vessel, vehicle, animal, aircraft, or other thing used in, to aid in, or to facilitate, by obtaining information or in any other way, the importation, bringing in, unlading, landing, removal, concealing, harboring, or subsequent transportation of any article which is being or has been introduced, or attempted to be introduced, into the United States contrary to law, whether upon such vessel, vehicle, animal, aircraft, or other thing or otherwise, may be seized and forfeited together with its tackle, apparel, furniture, harness, or equipment. **(b) Penalty for aiding unlawful importation** Every person who directs, assists financially or otherwise, or is in any way concerned in any unlawful activity mentioned in the preceding subsection shall be liable to a penalty equal to the value of the article or articles introduced or attempted to be introduced. **(c) Merchandise introduced contrary to law** Merchandise which is introduced or attempted to be introduced into the United States contrary to law shall be treated as follows: (1) The merchandise shall be seized and forfeited if it— (A) is stolen, smuggled, or clandestinely imported or introduced; (B) is a controlled substance, as defined in the Controlled Substances Act ([21 U.S.C. 801](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title21-section801&num=0&edition=prelim) et seq.), and is not imported in accordance with applicable law; (C) is a contraband article, as defined in [section 80302 of title 49](https://uscode.house.gov/view.xhtml?req

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Federal law — U.S. Code and appendices · legal_authorities

42 U.S.C. § 3713 — Transferred

### Statutory Notes #### Codification Section 3712g was editorially reclassified as [section 10108 of Title 34](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title34-section10108&num=0&edition=prelim), Crime Control and Law Enforcement.

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Federal law — U.S. Code and appendices · legal_authorities

15 U.S.C. § 8112 — Intellectual Property Enforcement Coordinator

**(a) Intellectual Property Enforcement Coordinator** The President shall appoint, by and with the advice and consent of the Senate, an Intellectual Property Enforcement Coordinator (in this subchapter referred to as the “IPEC”) to serve within the Executive Office of the President. As an exercise of the rulemaking power of the Senate, any nomination of the IPEC submitted to the Senate for confirmation, and referred to a committee, shall be referred to the Committee on the Judiciary. **(b) Duties of IPEC** (1) **In general** — The IPEC shall— (A) chair the interagency intellectual property enforcement advisory committee established under subsection (b)(3)(A); (B) coordinate the development of the Joint Strategic Plan against counterfeiting and infringement by the advisory committee under [section 8113 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title15-section8113&num=0&edition=prelim); (C) assist, at the request of the departments and agencies listed in subsection (b)(3)(A), in the implementation of the Joint Strategic Plan; (D) facilitate the issuance of policy guidance to departments and agencies on basic issues of policy and interpretation, to the extent necessary to assure the coordination of intellectual property enforcement policy and consistency with other law; (E) report to the President and report to Congress, to the extent consistent with law, regarding domestic and international intellectual property enforcement programs; (F) report to Congress, as provided in [section 8114 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title15-section8114&num=0&edition=prelim), on the implementation of the Joint Strategic Plan, and make recommendations, if any and as appropriate, to Congress fo

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Federal law — U.S. Code and appendices · legal_authorities

15 U.S.C. § 8111 — Intellectual Property Enforcement Coor-

Page 2400 TITLE 15—COMMERCE AND TRADE § 8111 and Welfare, amending sections 1116 and 1117 of this title, sections 109, 111, 115, 119, 122, 411, 412, 503, 506, 601, and 602 of Title 17, Copyrights, sections 1834 and 2318 to 2320 of Title 18, section 1595a of Title 19, Customs Du- ties, and section 3713 of Title 42, and repealing section 1128 of this title and section 509 of Title 17] may be cited as the ‘Prioritizing Resources and Organization for Intellectual Property Act of 2008’.’’ SUBCHAPTER I—COORDINATION AND STRA- TEGIC PLANNING OF FEDERAL EFFORT AGAINST COUNTERFEITING AND IN- FRINGEMENT § 8111. Intellectual Property Enforcement Coor- dinator (a) Intellectual Property Enforcement Coordi- nator The President shall appoint, by and with the advice and consent of the Senate, an Intellec- tual Property Enforcement Coordinator (in this subchapter referred to as the ‘‘IPEC’’) to serve within the Executive Office of the President. As an exercise of the rulemaking power of the Sen- ate, any nomination of the IPEC submitted to the Senate for confirmation, and referred to a committee, shall be referred to the Committee on the Judiciary. (b) Duties of IPEC (1) In general The IPEC shall— (A) chair the interagency intellectual property enforcement advisory committee established under subsection (b)(3)(A); (B) coordinate the development of the Joint Strategic Plan against counterfeiting and infringement by the advisory committee under section 8113 of this title; (C) assist, at the request of the depart- ments and agencies listed in subsection (b)(3)(A), in the implementation of the Joint Strategic Plan; (D) facilitate the issuance of policy guid- ance to departments and agencies on basic issues of policy and interpretation, to the extent necessa

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