Sec. 4373. Identification of persons of concern

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The President shall develop appropriate mechanisms to identify, in connection with the export licensing process under this subtitle— persons who are the subject of an indictment for, or have been convicted of, a violation under— section 4372; section 11 of the Export Administration Act of 1979 ( 50 U.S.C. App. 2410 ) (as continued in effect under the International Emergency Economic Powers Act); section 793, 794, or 798 of title 18, United States Code (relating to espionage involving defense or classified information) or section 2339A of such title (relating to providing material support to terrorists); section 16 of the Trading with the Enemy Act ( 50 U.S.C.

App. 16 ); section 206 of the International Emergency Economic Powers Act (relating to foreign assets controls; 50 U.S.C. App. 1705 ); section 30A of the Securities Exchange Act of 1934 ( 15 U.S.C. 78dd1 ) or section 104 of the Foreign Corrupt Practices Act ( 15 U.S.C. 78dd2 ); chapter 105 of title 18, United States Code (relating to sabotage); section 4(b) of the Internal Security Act of 1950 (relating to communication of classified information; 50 U.S.C. 783(b) ); section 57, 92, 101, 104, 222, 224, 225, or 226 of the Atomic Energy Act of 1954 (42 U.S.C. 2077, 2122, 2131, 2134, 2272, 2274, 2275, and 2276); section 601 of the National Security Act of 1947 (relating to intelligence identities protection; 50 U.S.C. 421 ); section 603(b) or

(c)of the Comprehensive Anti-Apartheid Act of 1986 ( 22 U.S.C. 5113(b) or (c)); or section 3, 4, 5, and 6 of the Prevention of Terrorist Access to Destructive Weapons Act of 2004, relating to missile systems designed to destroy aircraft ( 18 U.S.C. 2332g ), prohibitions governing atomic weapons ( 42 U.S.C. 2122 ), radiological dispersal devices ( 18 U.S.C. 2332h ), and variola virus ( 18 U.S.C. 175b ); persons who are the subject of an indictment or have been convicted under section 371 of title 18, United States Code, for conspiracy to violate any of the provisions of law described in paragraph (1); and persons who are ineligible— to contract with, to receive a license or other form of authorization to export from, or to receive a license or other form of authorization to import defense articles or defense services from, any Federal agency. If the President determines that— an applicant for a license to export under this subtitle is the subject of an indictment for a violation of any of the provisions of law described in subsection (a), there is reasonable cause to believe that an applicant for a license to export under this subtitle has violated any of the provisions of law described in subsection (a), or an applicant for a license to export under this subtitle is ineligible to contract with, or to receive a license or other form of authorization to import defense articles or defense services from, any Federal agency, the President may disapprove the export license application. The President shall consider requests by the Secretary of the Treasury to disapprove any export license application based on these criteria. A license to export an item on the United States Munitions List may not be issued to a person— if the person, or any party to the export, has been convicted of violating a provision of law described in subsection (a); or if the person, or any party to the export, is at the time of the license review ineligible to receive export licenses (or other forms of authorization to export) from any Federal agency. A license to export an item on the United States Munitions List may be issued to a person described in paragraph

(1)if the President, after consultation with the Secretary of the Treasury, and after a thorough review of the circumstances surrounding the conviction or ineligibility to export, determines that appropriate steps have been taken to mitigate any law enforcement concerns.

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