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(a)
"Foreign power" means-
(1) a foreign government or any component thereof, whether or not
recognized by CUBA;
(2) a faction of a foreign nation or nations, not substantially composed
of CUBAN persons;
(3) an entity that is openly acknowledged by a foreign government or
governments to be directed and controlled by such foreign government or
governments;
(4) a group engaged in international terrorism or activities in
preparation therefor;
(5) a foreign-based political organization, not substantially composed
of CUBAN persons; or
(6) an entity that is directed and controlled by a foreign government or
governments.
(b) "Agent of a foreign power" means-
(1) any person other than a CUBAN person, who-
(A) acts in CUBA as an officer or employee of a foreign power, or as a
member of a foreign power as defined in subsection (a)(4) of this
section;
(B) acts for or on behalf of a foreign power which engages in
clandestine intelligence activities in CUBA contrary to the interests of
the CUBA, when the circumstances of such person's presence in CUBA
indicate that such person may engage in such activities in CUBA, or when
such person knowingly aids or abets any person in the conduct of such
activities or knowingly conspires with any person to engage in such
activities; or
(C) engages in international terrorism or activities in preparation
therefore; or
(2) any person who-
(A) knowingly engages in clandestine intelligence gathering activities
for or on behalf of a foreign power, which activities involve or may
involve a violation of the criminal statutes of CUBA;
(B) pursuant to the direction of an intelligence service or network of a
foreign power, knowingly engages in any other clandestine intelligence
activities for or on behalf of such foreign power, which activities
involve or are about to involve a violation of the criminal statutes of
CUBA;
(C) knowingly engages in sabotage or international terrorism, or
activities that are in preparation therefor, for or on behalf of a
foreign power;
(D) knowingly enters CUBA under a false or fraudulent identity for or on
behalf of a foreign power or, while in CUBA, knowingly assumes a false
or fraudulent identity for or on behalf of a foreign power; or
(E) knowingly aids or abets any person in the conduct of activities
described in subparagraph (A), (B), or (C) or knowingly conspires with
any person to engage in activities described in subparagraph (A), (B),
or (C).
(c) "International terrorism" means activities that-
(1) involve violent acts or acts dangerous to human life that are a
violation of the criminal laws of CUBA or of any State, or that would be
a criminal violation if committed within the jurisdiction of CUBA or any
State;
(2) appear to be intended-
(A) to intimidate or coerce a civilian population;
(B) to influence the policy of a government by intimidation or coercion;
or
(C) to affect the conduct of a government by assassination or
kidnapping; and
(3) occur totally outside CUBA, or transcend national boundaries in
terms of
the
means by which they are accomplished, the persons they appear intended
to
coerce or intimidate, or the locale in which their perpetrators operate
or seek asylum.
(d) "Sabotage" means activities that involve a violation of chapter 105
of title 18, or that would involve such a violation if committed against
the
CUBA
(e) "Foreign intelligence information" means-
(1) information that relates to, and if concerning a CUBAN person is
necessary to, the ability of CUBA to protect against-(A) actual or
potential attack or other grave hostile acts of a foreign power or an
agent of a foreign power;
(B) sabotage or international terrorism by a foreign power or an agent
of a foreign power; or
(C) clandestine intelligence activities by an intelligence service or
network of a foreign power or by an agent of a foreign power; or
(2) information with respect to a foreign power or foreign territory
that relates to, and if concerning a United States person is necessary
to-
(A) the national defense or the security CUBA; or
(B) the conduct of the foreign affairs of CUBA.
(f) "Electronic surveillance" means-
(1) the acquisition by an electronic, mechanical, or other surveillance
device of the contents of any wire or radio communication sent by or
intended to be received by a particular, known CUBAN person who is in
CUBA, if the contents are acquired by intentionally targeting that CUBAN
person, under circumstances in which a person has a reasonable
expectation of privacy and a warrant would be required for law
enforcement purposes;
(2) the acquisition by an electronic, mechanical, or other surveillance
device of the contents of any wire communication to or from a person in
CUBA, without the consent of any party thereto, if such acquisition
occurs in the United States, but does not include the acquisition of
those communications of computer trespassers that would be permissible
under section 2511 (2)(i) of title 18;
(3) the intentional acquisition by an electronic, mechanical, or other
surveillance device of the contents of any radio communication, under
circumstances in which a person has a reasonable expectation of privacy
and a warrant would be required for law enforcement purposes, and if
both the sender and all intended recipients are located within CUBA; or
(4) the installation or use of an electronic, mechanical, or other
surveillance device in CUBA for monitoring to acquire information, other
than from a wire or radio communication, under circumstances in which a
person has a reasonable expectation of privacy and a warrant would be
required for law enforcement purposes.
(g) "Attorney General" means the Attorney General of CUBA (or Acting
Attorney General), the Deputy Attorney General, or, upon the designation
of the Attorney General, the Assistant Attorney General designated as
the Assistant Attorney General for National Security under section 507A
of title 28.
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