Case 1:20-mc-00036-JEB-DAR Document 10 Filed 08/18/20 Page 12 of 29
and any individual, partnership, association, joint stock company, trust, or corporation.”12
Notably, only United States governmental agents or employees, U.S. state governmental agents
or employees, and local U.S. governmental agents and employees are included within the
definition of the term “person”— foreign governmental employees and agents are not within that
definition. Moreover, foreign governmental agents or employees cannot be included under the
term “individual.” If all governmental agents and employees qualified as “individuals” then the
language “any employee, or agent of the United States or any State or political subdivision
thereof” would be entirely superfluous. That cannot be the case given that Courts take great care
to construe statutes as to give meaning to every term. Delaware Dep't of Nat. Res. & Envtl.
Control v. Envtl. Prot. Agency, 895 F.3d 90, 99 (D.C. Cir. 2018) (“Additionally, we strive to
construe statutes ‘so that effect is given to all its provisions, so that no part will be inoperative or
superfluous, void or insignificant.’”).
Moreover, the Myanmar government cannot fall within the definition of “entity.”
Nothing in the statute says an “entity” is a government body or actor. Indeed, the statute does
not define “entity.” Where words are undefined, courts will strive to give them their ordinary
meaning. Sandifer v. U.S. Steel Corp., 571 U.S. 220, 227 (2014) (“It is a ‘fundamental canon of
statutory construction’ that, ‘unless otherwise defined, words will be interpreted as taking their
ordinary, contemporary, common meaning.’”). Black’s Law dictionary defines “entity” as “[a]n
organization (such as a business or a governmental unit) that has a legal identity apart from its
members or owners.”13 Because, courts construe statutory texts “harmoniously” and in relation
to neighboring words, here, “entity” should be construed in relation to “person.” See Yates v.
12
13
18 U.S.C. § 2510 (6) (2020) (emphasis added).
Black’s Law Dictionary (11th ed. 2019).
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