Page:United States Statutes at Large Volume 104 Part 3.djvu/394

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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,