Montana § 31-4-202 Definitions

Montana Statutes

§ 31-4-202 — Definitions

Montana·Title 31 CREDIT TRANSACTIONS AND RELATIONSHIPS·Ch. 4 LITIGATION FINANCING·Part 2 Foreign Investment in Litigation Financing Act

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 perma

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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.