Page:United States Statutes at Large Volume 99 Part 1.djvu/148

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PUBLIC LAW 99-000—MMMM. DD, 1985

99 STAT. 126

International agreements.

Penalties.

PUBLIC LAW 99-64—JULY 12, 1985 (1) by striking out paragraph (3); (2) in paragraph (4)— (A) by striking out "(4)" and inserting in lieu thereof "(3)"; and (B) by striking out "pursuant to paragraph (3)" and inserting in lieu thereof "by the members of the Committee"; and (3) by adding at the end the following: "(4) Agreement to enhance full compliance by all parties with the export controls imposed by agreement of the Committee through the establishment of appropriate mechanisms. "(5) Agreement to improve the International Control List and minimize the approval of exceptions to that list, strengthen enforcement and cooperation in enforcement efforts, provide sufficient funding for the Committee, and improve the structure and function of the Secretariat of the Committee by upgrading professional staff, translation services, data base maintenance, communications, and facilities. "(6) Agreement to coordinate the systems of export control documents used by the participating governments in order to verify effectively the movement of goods or technology subject to controls by the Committee from the country of any such government to any other place. "(7) Agreement to establish uniform, adequate criminal and civil penalties to deter more effectively diversions of items controlled for export by agreement of the Committee. "(8) Agreement to increase on-site inspections by national enforcement authorities of the participating governments to ensure that end users who have imported items controlled for export by agreement of the Committee are using such items for the stated end uses, and that such items are, in fact, under the control of those end users. "(9) Agreement to strengthen the Committee so that it functions effectively in controlling export trade in a manner that better protects the national security of each participant to the mutual benefit of all participants.". (g) COMMERCIAL AGREEMENTS WITH CERTAIN COUNTRIES.—Section

50 USC app. 2404.

5(j) is amended to read as follows: "(j) COMMERCIAL AGREEMENTS WITH CERTAIN COUNTRIES.—(1) Any

United States firm, enterprise, or other nongovernmental entity which enters into an agreement with any agency of the government of a controlled country, that calls for the encouragement of technical cooperation and that is intended to result in the export from the United States to the other party of unpublished technical data of United States origin, shall report to the Secretary the agreement with such agency in sufficient detail. "(2) The provisions of paragraph (1) shall not apply to colleges, universities, or other educational institutions.". (h)

NEGOTIATIONS WITH

OTHER

COUNTRIES.—Section

5(k)

is

amended— (1) by inserting after "conducting negotiations with other countries" the following: ", including those countries not participating in the group known as the Coordinating Committee,"; and (2) by adding at the end the following: "In cases where such negotiations produce agreements on export restrictions comparable in practice to those maintained by the Coordinating