Terms Used In 38 CFR Part 70 - Veterans Transportation Programs

• Affidavit: A written statement of facts confirmed by the oath of the party making it, before a notary or officer having authority to administer oaths.
• Answer: The formal written statement by a defendant responding to a civil complaint and setting forth the grounds for defense.
• Bankruptcy: Refers to statutes and judicial proceedings involving persons or businesses that cannot pay their debts and seek the assistance of the court in getting a fresh start. Under the protection of the bankruptcy court, debtors may discharge their debts, perhaps by paying a portion of each debt. Bankruptcy judges preside over these proceedings.
• Beneficiary: A person who is entitled to receive the benefits or proceeds of a will, trust, insurance policy, retirement plan, annuity, or other contract. ^{Source: OCC}
• Broker: means a customs broker. See 19 CFR 111.1
• business entity: is a n entity that is registered or otherwise on record with an appropriate governmental authority for business licensing, taxation, or other legal purposes, and the term "related business entity or entities" encompasses a business entity that has more than a 50 percent ownership interest in another business entity, a business entity in which another business entity has more than a 50 percent ownership interest, and two or more business entities in which the same business entity has more than a 50 percent ownership interest. See 19 CFR 111.1
• CBP: means U. See 19 CFR 101.1
• Committee membership: Legislators are assigned to specific committees by their party. Seniority, regional balance, and political philosophy are the most prominent factors in the committee assignment process.
• Common law: The legal system that originated in England and is now in use in the United States. It is based on judicial decisions rather than legislative action.
• Continuing broker education requirement: means an individual broker's obligation to complete a certain number of continuing education credits of qualifying continuing broker education, as set forth in subpart F of this part, in order to maintain sufficient knowledge of customs and related laws, regulations, and procedures, bookkeeping, accounting, and all other appropriate matters necessary to render valuable service to importers and drawback claimants. See 19 CFR 111.1
• Continuing education credit: means the unit of measurement used for meeting the continuing broker education requirement. See 19 CFR 111.1
• Corporate compliance activity: means activity performed by a business entity to ensure that documents for a related business entity or entities are prepared and filed with CBP using "reasonable care" but such activity does not extend to the actual preparation or filing of the documents or their electronic equivalents. See 19 CFR 111.1
• Customs broker: means a person who is licensed under this part to transact customs business on behalf of others. See 19 CFR 111.1
• Customs business: means those activities involving transactions with CBP concerning the entry and admissibility of merchandise, its classification and valuation, the payment of duties, taxes, or other charges assessed or collected by CBP on merchandise by reason of its importation, and the refund, rebate, or drawback of those duties, taxes, or other charges. See 19 CFR 111.1
• Decedent: A deceased person.
• Department of Homeland Security or any representative of the Department of Homeland Security: means any office, officer, or employee of the U. See 19 CFR 111.1
• Duties: means Customs duties and any internal revenue taxes which attach upon importation. See 19 CFR 101.1
• Employee: means a person who meets the common law definition of employee and is in the service of a customs broker. See 19 CFR 111.1
• Executive Assistant Commissioner: means the Executive Assistant Commissioner of the Office of Trade at the Headquarters of U. See 19 CFR 111.1
• Executor: A male person named in a will to carry out the decedent
• Exportation: means a severance of goods from the mass of things belonging to this country with the intention of uniting them to the mass of things belonging to some foreign country. See 19 CFR 101.1
• Federal Reserve System: The central bank of the United States. The Fed, as it is commonly called, regulates the U.S. monetary and financial system. The Federal Reserve System is composed of a central governmental agency in Washington, D.C. (the Board of Governors) and twelve regional Federal Reserve Banks in major cities throughout the United States. ^{Source: OCC}
• Fiduciary: A trustee, executor, or administrator.
• Foreclosure: A legal process in which property that is collateral or security for a loan may be sold to help repay the loan when the loan is in default. ^{Source: OCC}
• Importer: means the person primarily liable for the payment of any duties on the merchandise, or an authorized agent acting on his behalf. See 19 CFR 101.1
• Legacy: A gift of property made by will.
• National Credit Union Administration: The federal regulatory agency that charters and supervises federal credit unions. (NCUA also administers the National Credit Union Share Insurance Fund, which insures the deposits of federal credit unions.) ^{Source: OCC}
• Officer: when used in the context of an association or corporation, means a person who has been elected, appointed, or designated as an officer of an association or corporation in accordance with statute and the articles of incorporation, articles of agreement, charter, or bylaws of the association or corporation. See 19 CFR 111.1
• Oral argument: An opportunity for lawyers to summarize their position before the court and also to answer the judges' questions.
• Permit: means a permit issued to a broker under § 111. See 19 CFR 111.1
• Person: includes individuals, partnerships, associations, and corporations. See 19 CFR 111.1
• Personal property: All property that is not real property.
• Pleadings: Written statements of the parties in a civil case of their positions. In the federal courts, the principal pleadings are the complaint and the answer.
• Public law: A public bill or joint resolution that has passed both chambers and been enacted into law. Public laws have general applicability nationwide.
• Qualifying continuing broker education: means any training or educational activity that is eligible or, if required, has been approved for continuing education credit, in accordance with § 111. See 19 CFR 111.1
• Records: means documents, data and information referred to in, and required to be made or maintained under, this part and any other records, as defined in § 163. See 19 CFR 111.1
• Responsible supervision and control: means that degree of supervision and control necessary to ensure the proper transaction of the customs business of a broker, including actions necessary to ensure that an employee of a broker provides substantially the same quality of service in handling customs transactions that the broker is required to provide. See 19 CFR 111.1
• Testify: Answer questions in court.
• Trustee: A person or institution holding and administering property in trust.
• United States: includes all territories and possessions of the United States, except the Virgin Islands, American Samoa, Wake Island, Midway Islands, Kingman Reef, Johnston Island, and the island of Guam. See 19 CFR 134.1