Page:United States Statutes at Large Volume 104 Part 3.djvu/392

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104 STAT. 1744 PUBLIC LAW 101-510—NOV. 5, 1990 alternative reliable supplier, and the need for the product or service cannot be met in a timely manner by improved manufacturing processes or technological developments. "(7) EXCEPTIONS.—The President shall not apply the sanction under this subsection prohibiting the importation of the products of a foreign person— "(A) in the case of procurement of defense articles or defense services— "(i) under existing contracts or subcontracts, including the exercise of options for production quantities to satisfy requirements essential to the national security of the United States; "(ii) if the President determines that the person to which the sanctions would be applied is a sole source supplier of the defense articles and services, that the defense articles or services are essential to the national security of the United States, and that alternative sources are not readily or reasonably available; or "(iii) if the President determines that such articles or services are essential to the national security of the United States under defense coproduction agreements or NATO Programs of Cooperation; "(B) to products or services provided under contracts entered into before the date on which the President publishes his intention to impose the sanctions; or "(C) to— "(i) spare parts, "(ii) component parts, but not finished products, essential to United States products or production, "(iii) routine services and maintenance of products, to the extent that alternative sources are not readily or reasonably available, or "(iv) information and technology essential to United States products or production. "(c) DEFINITIONS. —For purposes of this section and subsections (k) and (1) of section 6— "(1) the term 'missile' means a category I system as defined in the MTCR Annex, and any other unmanned delivery system of similar capability, as well as the specially designed production facilities for these systems; "(2) the term 'Missile Technology Control Regime' or 'MTCR' means the policy statement, between the United States, the United Kingdom, the Federal Republic of Germany, France, Italy, Canada, and Japan, announced on April 16, 1987, to restrict sensitive missile-relevant transfers based on the MTCR Annex, and any amendments thereto; "(3) the term 'MTCR adherent' means a country that participates in the MTCR or that, pursuant to an international understanding to which the United States is a party, controls MTCR equipment or technology in accordance with the criteria and standards set forth in the MTCR; "(4) the term 'MTCR Annex' means the Guidelines and Equipment and Technology Annex of the MTCR, and any amendments thereto; "(5) the terms 'missile equipment or technology' and 'MTCR equipment or technology' mean those items listed in category I or category II of the MTCR Annex;