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22 U.S.C. § 2797aDenial of transfer of missile equipment or technology by United States persons

submitted 36 years ago by Pub. L. 90-629 to r/title-22-FOREIGN-RELATIONS-AND-INTERCOURSE · 459 words · no verdicts yet

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The President must impose specified sanctions on a United States person who knowingly violates rules involving MTCR Annex items or helps someone else do so. The section sets different sanctions for Category I and II items, a rebuttable presumption, and a national-security waiver.

(a)(1) If the President determines that a United States person knowingly exports, transfers, or trades an MTCR Annex item in violation of the listed laws or their regulations or orders, conspires or tries to do so, or helps another person do so, the President must impose (2)'s sanctions. (2)(A) For Category II missile equipment or technology, the President must deny the person for two years United States Government contracts concerning missile equipment or technology and licenses to transfer chapter-controlled missile equipment or technology. (B) For Category I equipment or technology, the President must deny for at least two years all United States Government contracts and all export licenses and agreements for United States Munitions List items. (b) The President may also pursue any penalty under section 2778(c). (c) For applying sanctions, there is a rebuttable presumption that an item is designed for an MTCR-listed missile if the President finds its final destination is a country whose government the Secretary of State has determined, for the cited title 50 purpose, repeatedly supported international terrorism. (d) The President may waive sanctions for a product or service if the President certifies to Congress that it is essential to United States national security and the person is its sole-source supplier, no reliable alternative is available, and improved manufacturing or technology cannot meet the need promptly.
the actual law source: uscode.house.gov ↗public domain
(a) Sanctions
(1)

If the President determines that a United States person knowingly—

(A)

exports, transfers, or otherwise engages in the trade of any item on the MTCR Annex, in violation of the provisions of section 2778 of this title, section 4604 or 4605 1 of title 50 or any regulations or orders issued under any such provisions,

(B)

conspires to or attempts to engage in such export, transfer, or trade, or

(C)

facilitates such export, transfer, or trade by any other person,

then the President shall impose the applicable sanctions described in paragraph (2).

(2)

The sanctions which apply to a United States person under paragraph (1) are the following:

(A)

If the item on the MTCR Annex involved in the export, transfer, or trade is missile equipment or technology within category II of the MTCR Annex, then the President shall deny to such United States person for a period of 2 years—

(i)

United States Government contracts relating to missile equipment or technology; and

(ii)

licenses for the transfer of missile equipment or technology controlled under this chapter.

(B)

If the item on the MTCR Annex involved in the export, transfer, or trade is missile equipment or technology within category I of the MTCR, then the President shall deny to such United States person for a period of not less than 2 years—

(i)

all United States Government contracts, and

(ii)

all export licenses and agreements for items on the United States Munitions List.

(b) Discretionary sanctions

In the case of any determination made pursuant to subsection (a), the President may pursue any penalty provided in section 2778(c) of this title.

(c) Presumption

In determining whether to apply sanctions under subsection (a) to a United States person involved in the export, transfer, or trade of an item on the MTCR Annex, it should be a rebuttable presumption that such item is designed for use in a missile listed in the MTCR Annex if the President determines that the final destination of the item is a country the government of which the Secretary of State has determined, for purposes of 2 4605(j)(1)(A) 1 of title 50, has repeatedly provided support for acts of international terrorism.

(d) Waiver

The President may waive the imposition of sanctions under subsection (a) with respect to a product or service if the President certifies to the Congress that—

(1)

the product or service is essential to the national security of the United States; and

(2)

such person is a sole source supplier of the product or service, the product or service is not available from any alternative reliable supplier, and the need for the product or service cannot be met in a timely manner by improved manufacturing processes or technological developments.

Source credit: (Pub. L. 90–629, ch. 7, § 72, as added Pub. L. 101–510, div. A, title XVII, § 1703, Nov. 5, 1990, 104 Stat. 1745; amended Pub. L. 103–236, title VII, § 734(a), Apr. 30, 1994, 108 Stat. 505.)

history & why it existsrecord from the source credit
  • 1990Enacted · Pub. L. 90-629 · 104 Stat. 1745
  • 1994Amended · Pub. L. 103-236 · 108 Stat. 505

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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