Page:United States Statutes at Large Volume 104 Part 3.djvu/395

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PUBLIC LAW 101-510—NOV. 5, 1990 104 STAT. 1747 or if the President has made a determination with respect to a foreign person under section llBObXl) of the Export Administration Act of 1979, then the President shall impose on that foreign person the applicable sanctions under paragraph (2). "(2) The sanctions which apply to a foreign person under paragraph (1) are the following: "(A) If the item involved in the export, transfer, or trade is Government within category II of the MTCR Annex, then the President shall contracts, deny, for a period of 2 years— "(i) United States Government contracts relating to missile equipment or technology; and "(ii) licenses for the transfer to such foreign person of missile equipment or technology controlled under this Act. "(B) If the item involved in the export, transfer, or trade is within category I of the MTCR Annex, then the President shall deny, for a period of not less than 2 years— "(i) all United States Government contracts with such foreign person; and "(ii) licenses for the transfer to such foreign person of all items on the United States Munitions List. "(C) If, in addition to actions taken under subparagraphs (A) and (B), the President determines that the export, transfer, or trade has substantially contributed to the design, development, or production of missiles in a country that is not an MTCR adherent, then the President shall prohibit, for a period of not less than 2 years, the importation into the United States of products produced by that foreign person. "(b) INAPPUCABILITY WITH RESPECT TO MTCR ADHERENTS. — Subsection (a) does not apply with respect to— "(1) any export, transfer, or trading activity that is authorized by the laws of an MTCR adherent, if such authorization is not obtained by misrepresentation or fraud; or "(2) any export, transfer, or trade of an item to an end user in a country that is an MTCR adherent. "(c) EFFECT OF ENFORCEMENT ACTIONS BY MTCR ADHERENTS.— Sanctions set forth in subsection (a) may not be imposed under this section on a person with respect to acts described in such subsection or, if such sanctions are in effect against a person on account of such acts, such sanctions shall be terminated, if an MTCR adherent is taking judicial or other enforcement action against that person with respect to such acts, or that person has been found by the government of an MTCR adherent to be innocent of wrongdoing with respect to such acts. (d) ADVISORY OPINIONS. —The Secretary of State, in consultation with the Secretary of Defense and the Secretary of Commerce, may, upon the request of any person, issue an advisory opinion to that person as to whether a proposed activity by that person would subject that person to sanctions under this section. Any person who relies in good faith on such an advisory opinion which states that the proposed activity would not subject a person to such sanctions, and any person who thereafter engages in such activity, may not be made subject to such sanctions on account of such activity. "(e) WAIVER AND REPORT TO CONGRESS. — (1) In any case other than one in which an advisory opinion has been issued under subsection (d) stating that a proposed activity would not subject a person to sanctions under this section, the President may waive the application of subsection (a) to a foreign person if the President determines