Page:United States Statutes at Large Volume 124.djvu/1371

124 STAT. 1345 PUBLIC LAW 111–195—JULY 1, 2010 ‘‘(A) a lower rate of return than alternative investments with commensurate degrees of risk; or ‘‘(B) a higher degree of risk than alternative invest- ments with commensurate rates of return.’’. (b) SAFE HARBOR FOR CHANGES OF INVESTMENT POLICIES BY ASSET MANAGERS.— (1) IN GENERAL.—Section 13(c)(2)(A) of the Investment Company Act of 1940 (15 U.S.C. 80a–13(c)(2)(A)) is amended to read as follows: ‘‘(A) RULE OF CONSTRUCTION.—Nothing in paragraph (1) shall be construed to create, imply, diminish, change, or affect in any way whether or not a private right of action exists under subsection (a) or any other provision of this Act.’’. (2) APPLICABILITY.—The amendment made by paragraph (1) shall apply as if included in the Sudan Accountability and Divestment Act of 2007 (Public Law 110–174; 50 U.S.C. 1701 note). TITLE III—PREVENTION OF DIVERSION OF CERTAIN GOODS, SERVICES, AND TECHNOLOGIES TO IRAN SEC. 301. DEFINITIONS. In this title: (1) ALLOW.—The term ‘‘allow’’, with respect to the diversion through a country of goods, services, or technologies, means the government of the country knows or has reason to know that the territory of the country is being used for such diversion. (2) APPROPRIATE CONGRESSIONAL COMMITTEES.—The term ‘‘appropriate congressional committees’’ means— (A) the Committee on Banking, Housing, and Urban Affairs, the Committee on Foreign Relations, and the Select Committee on Intelligence of the Senate; and (B) the Committee on Foreign Affairs and the Perma- nent Select Committee on Intelligence of the House of Representatives. (3) COMMERCE CONTROL LIST.—The term ‘‘Commerce Con- trol List’’ means the list maintained pursuant to part 774 of the Export Administration Regulations (or any corresponding similar regulation or ruling). (4) DIVERT; DIVERSION.—The terms ‘‘divert’’ and ‘‘diversion’’ refer to the transfer or release, directly or indirectly, of a good, service, or technology to an end-user or an intermediary that is not an authorized recipient of the good, service, or technology. (5) END-USER.—The term ‘‘end-user’’, with respect to a good, service, or technology, means the person that receives and ultimately uses the good, service, or technology. (6) EXPORT ADMINISTRATION REGULATIONS.—The term ‘‘Export Administration Regulations’’ means subchapter C of chapter VII of title 15, Code of Federal Regulations (or any corresponding similar regulation or ruling). (7) GOVERNMENT.—The term ‘‘government’’ includes any agency or instrumentality of a government. 15 USC 8541. 15 USC 80a–13 note.