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;
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