Sec. 4338. Licensing of missiles and missile equipment or technology
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The Secretary, in consultation with the Secretary of Defense and the heads of other appropriate Federal 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 6(l) of the Export Administration Act of 1979 (as continued in effect under the International Emergency Economic Powers Act) or similar provisions of any successor Act. A determination of the Secretary 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. Within 10 days after a license is issued for the export of an item on the list established under subsection (a), the Secretary 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. The Secretary shall establish a procedure for sharing information with appropriate officials of the intelligence community, as determined by the Director of National Intelligence, and with other appropriate Federal agencies, that will ensure effective monitoring of transfers of MTCR equipment or technology and other missile technology. 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 Act pursuant to United States obligations under the MTCR 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 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 paragraph
(1)shall not apply to licenses for exports to countries that are members of the MTCR as of as of the date of the enactment of this Act.