Montana Code 35-30-103. Prohibited transactions with foreign adversaries
35-30-103. Prohibited transactions with foreign adversaries. (1) A foreign adversary may not:
Terms Used In Montana Code 35-30-103
- Contract: A legal written agreement that becomes binding when signed.
- Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
- Lease: A contract transferring the use of property or occupancy of land, space, structures, or equipment in consideration of a payment (e.g., rent). Source: OCC
- Person: includes a corporation or other entity as well as a natural person. See Montana Code 1-1-201
- Property: means real and personal property. See Montana Code 1-1-205
- State: when applied to the different parts of the United States, includes the District of Columbia and the territories. See Montana Code 1-1-201
- United States: includes the District of Columbia and the territories. See Montana Code 1-1-201
(a)buy, lease, or rent critical infrastructure, land used for agricultural production, or real property or a residence that has a direct line of sight to any part of a military installation from an entity provided for in this title; or
(b)enter into a contract with an entity provided for in this title that results in the foreign adversary’s control of agricultural production land or critical infrastructure in this state.
(2)A foreign adversary that violates this section shall divest from its interest in critical infrastructure or land used for agricultural production within 1 year, after which time the property may be sold at public auction by the county sheriff of any county where the critical infrastructure or land used for agricultural production is located.
(3)The attorney general or county where the critical infrastructure or land used for agricultural production is located may bring a suit to enforce this section.
(4)As used in this section, the following definitions apply:
(a)”Agricultural production”:
(i)has the meaning provided in 82-10-502; and
(ii)includes homesteads with one or more acres of improvements.
(b)”Critical infrastructure” has the meaning provided in 82-1-601.
(c)”Foreign adversary” means any foreign government or foreign nongovernment person determined by the secretary of commerce to have engaged in a long-term pattern or serious instances of conduct significantly adverse to the national security of the United States or the security and safety of the people of the United States for the purposes of sections (3)(a) and (3)(b) of Executive Order No. 13873 of May 15, 2019, or a corporation, however constituted, domiciled or headquartered in a nation determined to be a foreign adversary, or a corporation over which a foreign adversary has a controlling interest.