PUBLIC LAW 101-510—NOV. 5, 1990
104 STAT. 1745
"(6) the term 'foreign person' means any person other than a
United States person;
"(7)(A) the term 'person' means a natural person as well as a
corporation, business association, partnership, society, trust,
any other nongovernmental entity, organization, or group, and
any governmental entity operating as a business enterprise, and
any successor of any such entity; and
"(B) in the case of countries where it may be impossible to
identify a specific governmental entity referred to in subparagraph (A), the term 'person' means—
"(i) all activities of that government relating to the development or production of any missile equipment or technology; and
"(ii) all activities of that government affecting the development or production of aircraft, electronics, and space
systems or equipment; and
"(8) the term 'otherwise engaged in the trade of means, with
respect to a particular export or transfer, to be a freight forwarder or designated exporting agent, or a consignee or end
user of the item to be exported or transferred.".
SEC. 1703. AMENDMENT TO THE ARMS EXPORT CONTROL ACT
The Arms Export Control Act is amended by inserting after
chapter 6 (22 U.S.C. 2795b. et seq.) the following new chapter:
"CHAPTER 7—CONTROL OF MISSILES AND MISSILE
EQUIPMENT OR TECHNOLOGY
"SEC. 71. LICENSING
22 USC 2797.
"(a) EsTABiJSHMENT OF LiST OF CONTROLLED ITEMS.— The Secretary
of State, in consultation with the Secretary of Defense and the heads
of other appropriate departments and agencies, shall establish and
maintain, as part of the United States Munitions List, a list of all
items on the MTCR Annex the export of which is not controlled
under section 6(1) of the Export Administration Act of 1979.
"(b) REFERRAL OF LICENSE APPLICATIONS. —(1) A determination of
the Secretary of State to approve a license for the export of an item
on the list established under subsection (a) may be made only after
the license application is referred to the Secretary of Defense.
"(2) Within 10 days after a license is issued for the export of an
item on the list established under subsection (a), the Secretary of
State shall provide to the Secretary of Defense and the Secretary of
Commerce the license application and accompanying documents
issued to the applicant, to the extent that the relevant Secretary
indicates the need to receive such application and documents.
"(c) INFORMATION SHARING. —The Secretary of State shall establish a procedure for sharing information with appropriate officials of
the intelligence community, as determined by the Director of
Central Intelligence, and with other appropriate Government agencies, that will ensure effective monitoring of transfers of MTCR
equipment or technology and other missile technology.
"SEC. 72. DENIAL OF THE TRANSFER OF MISSILE EQUIPMENT OR TECH- President.
NOLOGY BY UNITED STATES PERSONS
22 USC 2797a.
"(a) SANCTIONS. —(1) If the President determines that a United
States person knowingly—
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