Page:United States Statutes at Large Volume 102 Part 2.djvu/353

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PUBLIC LAW 100-000—MMMM. DD, 1988

PUBLIC LAW 100-418—AUG. 23, 1988

102 STAT. 1357

retary shall publish notice of such assessment in the Federal Renter. (10) AVAILABILITY DEFINED.—For purposes of this subsection and subsections (f) and (h), the term 'available in fact to controlled countries' includes production or availability of any goods or technology in any country— "(A) from which the goods or technology is not restricted for export to any controlled country; or "(B) in which such export restrictions are determined by the Secretary to be ineffective. For purposes of subparagraph (B), the mere inclusion of goods or technology on a list of goods or technology subject to bilateral or multilateral national security export controls shall not alone constitute credible evidence tnat a country provides an effective means of controlling the export of such goods or technology to controlled countries?'. (b) TECHNICAL ADVISORY COMMITTEE DETERMINATIONS.—Section

5(h)(6) of the Act (50 U.S.C. App. 2404(h)(6)) is amended by adding at the end the following: "After an agreement is reached with a country pursuant to negotiations under this paragraph to eliminate forei|^ availability of goods or technology, the Secretary may not require a validated license for the export of such goods or technolc^ to that country.". (c) TECHNICAL AMENDMENT.—Section 14(a)(8) of the Act (50 U.S.C. 50 USC app. 2413(a)(8)) is amended by striking "5(£X5)" and inserting "5(f)(6)". 2413. SEC. 2419. REVIEW OF TECHNOLOGY LEVELS.

Section 5(g) of the Act (50 U.S.C. 2404te)) is amended— (1) by inserting "(1)" immediately before the first sentence; and (2) by adding at the end the following: "(2)(A) In carrying out this subsection, the Secretary shall conduct annual reviews of uie performance levels of goods or technology— "(i) which are eligible for export under a distribution license, "(ii) below which exports to the People's Republic of China require only notification of the governments participating in the f T u known as the Coordinating Committee, and T Op "(lii) below which no authority or permission to export may be required under subsection (b)(2) or (DXS) of this section. The Secretary shall make appropriate adjustments to such performance levels based on these reviews. "(B) In any case in which the Secretary receives a request which— "(i) is to revise the qualification requirements or minimum thresholds of any goods eligible for export under a distribution license, and "(ii) is made by an exporter of such goods, representatives of an industry which produces such goods, or a technical advisory committee established under subsection (h) of this section, the Secretary, after consulting with other appropriate Government agenci«i and technical advisory committees established under subsection (h) of this section, shall determine whether to make such revision, or some other appropriate revision, in such qualification requirements or minimum thresholds. In making this determination, the Secretary shall take into account the availability of the goods from sources outside the United States. The Secretary shall make a determination on a request made under this subparagraph within 90 days after the date on which the request is filed. If the

50 USC app. 2404.

People's Republic of China.

Federal Register, publication.