Page:United States Statutes at Large Volume 103 Part 2.djvu/885

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PUBLIC LAW 101-222—DEC. 12, 1989 103 STAT. 1895 "(A) the government concerned has not provided any support for international terrorism during the preceding 6- month period; and "(B) the government concerned has provided assurances that it will not support acts of international terrorism in the future. "(g) WAIVER. —The President may waive the prohibitions con- tained in this section with respect to a specific transaction if— "(1) the President determines that the transaction is essential to the national security interests of the United States; and "(2) not less than 15 days prior to the proposed transaction, the President— "(A) consults with the Committee on Foreign Affairs of the House of Representatives and the Committee on For- eign Relations of the Senate; and "(B) submits to the Speaker of the House of Representa- tives and the chairman of the Committee on Foreign Rela- tions of the Senate a report containing— "(i) the name of any country involved in the proposed transaction, the identity of any recipient of the items to be provided pursuant to the proposed transaction, and the anticipated use of those items; "(ii) a description of the munitions items involved in the proposed transaction (including their market value) and the actual sale price at each step in the transaction (or if the items are transferred by other than sale, the manner in which they will be provided); "(iii) the reasons why the proposed transaction is essential to the national security interests of the United States and the justification for such proposed transaction; "(iv) the date on which the proposed transaction is expected to occur; and (v) the name of every United States Government department, agency, or other entity involved in the proposed transaction, every foreign government in- volved in the proposed transaction, and every private party with significant participation in the proposed transaction. To the extent possible, the information specified in subparagraph (B) of paragraph (2) shall be provided in unclassified form, with any classified information provided in an addendum to the report. "(h) EXEMPTION FOR TRANSACTIONS SUBJECT TO NATIONAL SECU- RITY ACT REPORTING REQUIREMENTS.— The prohibitions contained in this section do not apply with respect to any transaction subject to reporting requirements under title V of the National Security Act of 1947 (50 U.S.C. 413 et seq.; relating to congressional oversight of intelligence activities). " (i) RELATION TO OTHER LAWS.— "(1) IN GENERAL.— With regard to munitions items controlled pursuant to this Act, the provisions of this section shall apply notwithstanding any other provision of law, other than section 614(a) of the Foreign Assistance Act of 1961 (22 U.S.C. 2364(a)). "(2) SECTION 614(a) WAIVER AUTHORITY.— I f the authority of section 614(a) of the Foreign Assistance Act of 1961 is used to permit a transaction under that Act or the Arms Export Control Act which is otherwise prohibited by this section, the written Reports. Public information. Classified information.