104 STAT. 1746
PUBLIC LAW 101-510—NOV. 5, 1990
"(A) exports, transfers, or otherwise engages in the trade of
any item on the MTCR Annex, in violation of the provisions of
section 38 of this Act, section 5 or 6 of the Export Administration Act of 1979 (50 U.S.C. App. 2404, 2405), or any regulations
or orders issued under any such provisions,
"(B) conspires to or attempts to engage in such export, transfer, or trade, or
"(C) facilitates such export, transfer, or trade by any other
person,
then the President shall impose the applicable sanctions described
in paragraph (2).
"(2) "nie sanctions which apply to a United States person under
paragraph (1) are the following:
"(A) If the item on the MTCR Annex involved in the export,
transfer, or trade is missile equipment or technology within
category II of the MTCR Annex, then the President shall deny
to such United States person for a period of 2 years—
Government
"(j) United States Government contracts relating to miscontracts,
g-jg equipment or technology; and
"(ii) licenses for the transfer of missile equipment or
technology controlled under this Act.
"(B) If the item on the MTCR Annex involved in the export,
transfer, or trade is missile equipment or technology within
category I of the MTCR, then the President shall deny to such
United States person for a period of not less than 2 years—
"(i) all United States Government contracts, and
"(ii) all export licenses and agreements for items on the
United States Munitions List.
"(b) DISCRETIONARY SANCTIONS.— In the case of any determination
made pursuant to subsection (a), the President may pursue any
penalty provided in section 38(c) of this Act.
"(c) WAIVER.— The President may waive the imposition of sanctions under subsection (a) with respect to a product or service if the
President certifies to the Congress that—
"(1) the product or service is essential to the national security
of the United States; and
"(2) such person is a sole source supplier of the product or
service, the product or service is not available from any 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.
President.
"SEC. 73. TRANSFERS OF MISSILE EQUIPMENT OR TECHNOLOGY BY FOR-
22 USC 2797b.
EIGN PERSONS
"(a) SANCTIONS. —(1) Subject to subsections (c) through (g), if the
President determines that a foreign person, after the date of the
enactment of this chapter, knowingly—
"(A) exports, transfers, or otherwise engages in the trade of
any MTCR equipment or technology that contributes to the
design, development, or production of missiles in a country that
is not an MTCR adherent and would be, if it were United Statesorigin equipment or technology, subject to the jurisdiction of the
United States under this Act,
"(B) conspires to or attempts to engage in such export, transfer, or trade, or
"(C) facilitates such export, transfer, or trade by any other
person,
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