Page:United States Statutes at Large Volume 105 Part 1.djvu/757

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PUBLIC LAW 102-138—OCT. 28, 1991 105 STAT. 729 not procure, or enter into any contract for the procurement of, any goods or services from any person described in subsection (a)(3). "(2) EXCEPTIONS.—The President shall not be required to apply or maintain a sanction under this section— "(A) in the case of procurement of defense articles or defense services— "(i) under existing contracts or subcontracts, including the exercise of options for production quantities to satisfy United States operational military requirements; "(ii) if the President determines that the person or other entity to which the sanction would otherwise be applied is a sole source supplier of the defense articles or services, that the defense articles or services are essential, and that alternative sources are not readily or reasonably available; or "(iii) if the President determines that such articles or services are essential to the national security under defense coproduction agreements; "(B) to products or services provided under contracts entered into before the date on which the President publishes his intention to impose the sanction; " (C) to— "(i) spare parts, "(ii) component parts, but not finished products, essential to United States products or production, or "(iii) routine servicing and maintenance of products, to the extent that alternative sources are not readily or reasonably available; "(D) to information and technology essential to United States products or production; or "(E) to medical or other humanitarian items. "(d) TERMINATION OF SANCTION.— A sanction imposed pursuant to this section shall apply for a period of at least 12 months following the imposition of the sanction and shall cease to apply thereafter only if the President determines and certifies to the Congress that reliable information indicates that the foreign person with respect to which the determination was made under subsection (a)(1) has ceased to aid or abet any foreign government, project, or entity in its efforts to acquire chemical or biological weapons capability as described in that subsection. " (e) WAIVER. — "(1) CRITERION FOR WAIVER. —The President may waive the application of a sanction imposed on any person pursuant to this section, after the end of the 12-month period beginning on the date on which the sanction was imposed on that person, if the President determines and certifies to the Congress that such waiver is important to the national security interests of the United States. " (2) NOTIFICATION OF AND REPORT TO CONGRESS.— I f the President decides to exercise the waiver authority provided in paragraph (1), the President shall so notify the Congress not less than 2() days before the waiver takes effect. Such notification shall include a report fully articulating the rationale and circumstances which led the President to exercise the waiver authority.