In this subtitle the following words have the meanings indicated. “Private corporation” means a Maryland corporation organized to establish, operate, and maintain a foreign trade zone under the federal Foreign Trade Zones Act. “Private corporation” does not include a public corporation. “Public corporation” means: the State; a subdivision of the State; or an incorporated public authority, commission, agency, or other corporate instrumentality of: the State; a subdivision or municipal corporation of the State; or the State and another state.

Except as provided in subsection (b) of this section, a public corporation or a private corporation may apply to establish, operate, and maintain a foreign trade zone in accordance with the federal Foreign Trade Zones Act. A private corporation may not apply to establish, operate, and maintain a foreign trade zone without prior approval from the Governor and the Maryland Port Administration.

A public corporation or a private corporation that establishes, operates, and maintains a foreign trade zone under this subtitle is subject to the conditions of the federal Foreign Trade Zones Act.

A person that wishes to have a site in the State designated as a foreign trade zone shall apply for designation approval to the foreign trade zone grantee in the State that is closest to the site before applying to another foreign trade zone grantee in the State for designation approval.