Page:United States Statutes at Large Volume 108 Part 1.djvu/529

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PUBLIC LAW 103-236—APR. 30, 1994 108 STAT. 503 (d) SALES FROM STOCK UNDER ARMS EXPORT CONTROL ACT. — Section 21 of the Arms Export Control Act (22 U.S.C. 2761) is amended by adding at the end the following new subsection: "(k) Before entering into the sale under this Act of defense articles that are excess to the stocks of the Department of Defense, the President shall first consider the effects of the sale of the articles on the national technology and industrial base, particularly the extent, if any, to which the sale reduces the opportunities of entities in the national technology and industrial base to sell new equipment to the country or countries to which the excess defense articles are sold.". (e) LEASES UNDER ARMS EXPORT CONTROL ACT.— Section 61(a) of the Arms Export Control Act (22 U.S.C. 2796(a)) is amended— (1) by striking "and" at the end of paragraph (2); (2) by redesignating paragraph (3) as paragraph (4); (3) by inserting after paragraph (2) the following new paragraph (3): "(3) the President first considers the effects of the lease of the articles on the national technology and industrial base, particularly the extent, if any, to which the lease reduces the opportunities of entities in the national technology and industrial base to sell new equipment to the country or countries to which the articles are leased; and"; and (4) in the matter following paragraph (4) (as redesignated by paragraph (2) of this subsection) by striking "paragraph (3)" each place it appears and inserting "paragraph (4)". SEC. 732. REPORTS UNDER THE ARMS EXPORT CONTROL ACT. (a) NUMBERED CERTIFICATIONS WITH RESPECT TO GOVERN- MENT-TO-CTOVERNMENT SALES.— Section 36(b)(l) of the Arms Export Control Act (22 U.S.C. 2776(b)(l)) is amended— (1) by inserting after the second sentence the following new sentence: "Each such numbered certification shall contain an item indicating whether any offset agreement is proposed to be entered into in connection with such letter of offer to sell (if known on the date of transmittal of such certification)."; and (2) in subparagraph (C) by inserting "and a description from such contractor of any offset agreements proposed to be entered into in connection with such sale" after "sold". (b) NUMBERED CERTIFICATIONS WITH RESPECT TO COMMERCIAL EXPORTS.— Section 36(c)(l) of the Arms Export Control Act (22 U.S.C. 2776(c)(l)) is amended— (1) by inserting aft«r the first sentence the following new sentence: "Each such numbered certification shall also contain an item indicating whether any offset agreement is proposed to be entered into in connection with such export (if known on the date of transmittal of such certification)."; and (2) in the third sentence by inserting "and a description from the person who has submitted the license application of any offset agreement proposed to be entered into in connection with such export (if known on the date of transmittal of such statement)" after "Secretary of Defense". (c) DEFINITIONS.— Section 36 of the Arms Export Control Act (22 U.S.C. 2776) is amended by adding at the end the following: "(e) For purposes of this section—