Unannotated Code of Maryland (Last Updated: May 16, 2014) |
COMMERCIAL LAW |
TITLE 11. TRADE REGULATION |
SUBTITLE 1. FOREIGN DISCRIMINATORY BOYCOTTS ACT |
§ 11-102. Definitions
Latest version.
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(a) In general. -- In this subtitle the following words have the meanings indicated.
(b) Attorney General. -- "Attorney General" means the Attorney General of the State of Maryland.
(c) Business relationship. -- "Business relationship" means any aspect of business:
(1) Dealing with the sale, purchase, licensing or provision of goods, services or information; or
(2) Affecting the ownership, management, employees, hiring practices, customers, clients, suppliers, contractors, subcontractors or other business associates of any person engaged in commerce.
(d) Control. -- "Control" means the power to exercise a controlling influence over the management policies of an entity, to influence that management or policies or play a significant role in the implementation of them.
(e) Discriminatory boycott. -- "Discriminatory boycott" means the entering into or carrying out of any provision, express or implied, of any agreement, understanding or contractual arrangement for economic benefit between any person and any foreign government, foreign person, or international organization, which is not specifically authorized by the law of the United States and which is required or imposed, either directly or indirectly, overtly or covertly, by the foreign government, foreign person, or international organization in order to restrict, condition, prohibit, or interfere with any business relationship on the basis of a domestic individual's race, color, creed, religion, sex or national origin. Except, that entering into an agreement, understanding or contractual arrangement with respect to the handling or shipping of goods while in international and not intrastate transit or executing and delivering any other document with respect to the handling or shipping of goods while in international and not intrastate transit or carrying out or complying with any provision with respect to the choice of carrier in international and not intrastate transit or the international routing of goods while in international and not intrastate transit contained in any such agreement, understanding, contractual arrangement or other document may not constitute a discriminatory boycott within the meaning of this subtitle.
(f) Domestic individual. -- "Domestic individual" means any individual whose residence, domicile, or principal place of business is in the United States and who is subject to the protection of the laws of the State of Maryland.
(g) Foreign government. -- "Foreign government" includes all governments and political subdivisions and the instrumentalities thereof, excepting the governments, political subdivisions, and instrumentalities of the United States and the states, commonwealths, territories and possessions of the United States, and the District of Columbia.
(h) Foreign persons. -- "Foreign persons" means any person whose principal place of residence, business or domicile is outside the United States, or any person controlled directly or indirectly by any other person whose principal place of residence, business or domicile is outside the United States.
(i) International organization. -- "International organization" means any association or organization, of which a substantial portion of the membership includes foreign persons or foreign governments, but does not include an international labor organization.
(j) Person. -- "Person" includes one or more of the following and their agents, employees, servants, representatives, directors, officers, partners, members, managers and superintendents: individuals, the State of Maryland, corporations, partnerships, joint ventures, associations, labor organizations, but not including international labor organizations, educational institutions, legal representatives, mutual companies, joint-stock companies, trusts, unincorporated organizations, trustees, trustees in bankruptcy, receivers, fiduciaries and all other entities recognized at law or in equity by this State.
(k) State of Maryland. -- "State of Maryland" means the State and its political subdivisions and each of the instrumentalities of the State and the political subdivision.