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22 U.S.C. § 2797 — Licensing

submitted 36 years ago by Pub. L. 90-629 to r/title-22-FOREIGN-RELATIONS-AND-INTERCOURSE · 360 words · no verdicts yet

in plain englishAI-generated · not legal advice

The Secretary of State must maintain a list of certain MTCR Annex items and refer related license applications to the Secretary of Defense. The Secretary must also share monitoring information and report to Congress on certain space-launch-vehicle exports.

(a) After consulting Defense and other appropriate agencies, the Secretary of State must establish and maintain, as part of the United States Munitions List, all MTCR Annex items whose export is not controlled under 50 U.S.C. 4605(l).

(b)(1) The Secretary may approve a license to export a listed item only after referring the application to the Defense Secretary. (2) Within 10 days after issuing the license, the State Secretary must give the Defense and Commerce Secretaries the application and accompanying documents when the relevant Secretary indicates a need for them.

(c) The State Secretary must create a process for sharing information with intelligence-community officials identified by the Director of Central Intelligence and other agencies to monitor transfers of MTCR equipment or technology and other missile technology effectively.

(d) Within 15 days after issuing a license, including a brokering license, for an export valued below $50 million of chapter-controlled goods or services intended to support the design, use, development, or production of a Category I MTCR Annex space-launch vehicle system, the Secretary must report to Congress the export, reasons for approval, and consistency with United States missile-nonproliferation policy. This does not apply to exports to countries that were MTCR members on April 17, 1987.

the actual law source: uscode.house.gov ↗public domain
(a) Establishment of list of controlled items

The Secretary of State, in consultation with the Secretary of Defense and the heads of other appropriate departments and agencies, shall establish and maintain, as part of the United States Munitions List, a list of all items on the MTCR Annex the export of which is not controlled under section 4605(l) 1 of title 50.

(b) Referral of license applications
(1)

A determination of the Secretary of State to approve a license for the export of an item on the list established under subsection (a) may be made only after the license application is referred to the Secretary of Defense.

(2)

Within 10 days after a license is issued for the export of an item on the list established under subsection (a), the Secretary of State shall provide to the Secretary of Defense and the Secretary of Commerce the license application and accompanying documents issued to the applicant, to the extent that the relevant Secretary indicates the need to receive such application and documents.

(c) Information sharing

The Secretary of State shall establish a procedure for sharing information with appropriate officials of the intelligence community, as determined by the Director of Central Intelligence, and with other appropriate Government agencies, that will ensure effective monitoring of transfers of MTCR equipment or technology and other missile technology.

(d) Exports to space launch vehicle programs

Within 15 days after the issuance of a license (including any brokering license) for the export of items valued at less than $50,000,000 that are controlled under this chapter pursuant to United States obligations under the Missile Technology Control Regime and are goods or services that are intended to support the design, utilization, development, or production of a space launch vehicle system listed in Category I of the MTCR Annex, the Secretary shall transmit to the Congress a report describing the licensed export and rationale for approving such export, including the consistency of such export with United States missile nonproliferation policy. The requirement contained in the preceding sentence shall not apply to licenses for exports to countries that were members of the MTCR as of April 17, 1987.

Source credit: (Pub. L. 90–629, ch. 7, § 71, as added Pub. L. 101–510, div. A, title XVII, § 1703, Nov. 5, 1990, 104 Stat. 1745; amended Pub. L. 103–236, title VII, §§ 714(a)(3)–(6), 735(c), Apr. 30, 1994, 108 Stat. 497, 506; Pub. L. 105–277, div. G, subdiv. A, title XII, § 1225(a)(4)–(7), Oct. 21, 1998, 112 Stat. 2681–773; Pub. L. 106–280, title VII, § 708(c), Oct. 6, 2000, 114 Stat. 863.)

history & why it existsrecord from the source credit
  • 1990Enacted · Pub. L. 90-629 · 104 Stat. 1745
  • 1994Amended · Pub. L. 103-236 · 108 Stat. 497, 506
  • 1998Amended · Pub. L. 105-277 · 112 Stat. 2681
  • 2000Amended · Pub. L. 106-280 · 114 Stat. 863

A history note hasn’t been published yet. The record shows enactment by Pub. L. 90-629 on 1990-11-05.

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