Page:United States Statutes at Large Volume 104 Part 3.djvu/393

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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—