Sec. 841. Missile proliferation control violations
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The President shall impose the applicable sanctions described in subparagraph
(B)if the President determines that a United States person knowingly— exports, reexports, or transfers of any item on the MTCR Annex, in violation of the provisions of section 38 ( 22 U.S.C. 2778 ) or chapter 7 of the Arms Export Control Act, subtitle A, or any regulations or orders issued under any such provisions; or conspires to or attempts to engage in such export, reexport, or transfer. The sanctions that apply to a United States person under subparagraph
(A)are the following: If the item on the MTCR Annex involved in the export, reexport, or transfer 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, licenses for the transfer of missile equipment or technology controlled under subtitle A. If the item on the MTCR Annex involved in the export, reexport, or transfer is missile equipment or technology within category I of the MTCR Annex, then the President shall deny to such United States person, for a period of not less than 2 years, all licenses for items the transfer of which is controlled under subtitle A. In the case of any determination referred to in paragraph (1), the President may pursue any other appropriate penalties under section 820. The President may waive the imposition of sanctions under paragraph
(1)on a person with respect to a product or service if the President certifies to the Congress that— the product or service is essential to the national security of the United States; and 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. Subject to paragraphs
(3)through (7), the President shall impose the applicable sanctions under subparagraph
(B)on a foreign person if the President— determines that a foreign person knowingly— exports, reexports, or transfers any MTCR equipment or technology that contributes to the design, development, or production of missiles in a country that is not an MTCR adherent and would be, if it were United States-origin equipment or technology, subject to the jurisdiction of the United States under subtitle A; conspires to or attempts to engage in such export, reexport, or transfer; or facilitates such export, reexport, or transfer by any other person; or has made a determination with respect to the foreign person under section 73(a) of the Arms Export Control Act. The sanctions that apply to a foreign person under subparagraph
(A)are the following: If the item involved in the export, reexport, or transfer is within category II of the MTCR Annex, then the President shall deny, for a period of 2 years, licenses for the transfer to such foreign person of missile equipment or technology the transfer of which is controlled under subtitle A. If the item involved in the export, reexport, or transfer is within category I of the MTCR Annex, then the President shall deny, for a period of not less than 2 years, licenses for the transfer to such foreign person of items the transfer of which is controlled under subtitle A. MTCR adherents Paragraph
(1)does not apply with respect to— any export, reexport, or transfer that is authorized by the laws of an MTCR adherent, if such authorization is not obtained by misrepresentation or fraud; or any export, reexport, or transfer of an item to an end user in a country that is an MTCR adherent. MTCR adherents Sanctions set forth in paragraph
(1)may not be imposed under this subsection on a person with respect to acts described in such paragraph or, if such sanctions are in effect against a person on account of such acts, such sanctions shall be terminated, if an MTCR adherent is taking judicial or other enforcement action against that person with respect to such acts, or that person has been found by the government of an MTCR adherent to be innocent of wrongdoing with respect to such acts. The President may waive the application of paragraph
(1)to a foreign person if the President determines that such waiver is essential to the national security of the United States. In the event that the President decides to apply the waiver described in subparagraph (A), the President shall so notify the appropriate congressional committees not less than 20 working days before issuing the waiver. Such notification shall include a report fully articulating the rationale and circumstances which led the President to apply the waiver. The President may waive the imposition of sanctions under paragraph
(1)on a person with respect to a product or service if the President certifies to the appropriate congressional committees that— the product or service is essential to the national security of the United States; and 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. The President shall not apply the sanction under this subsection prohibiting the importation of the products of a foreign person— in the case of procurement of defense articles or defense services— under existing contracts or subcontracts, including the exercise of options for production quantities to satisfy requirements essential to the national security of the United States; if the President determines that the person to which the sanctions would be applied is a sole source supplier of the defense articles or defense services, that the defense articles or defense services are essential to the national security of the United States, and that alternative sources are not readily or reasonably available; or if the President determines that such articles or services are essential to the national security of the United States under defense coproduction agreements or NATO Programs of Cooperation; to products or services provided under contracts entered into before the date on which the President publishes his intention to impose the sanctions; or to— spare parts; component parts, but not finished products, essential to United States products or production; routine services and maintenance of products, to the extent that alternative sources are not readily or reasonably available; or information and technology essential to United States products or production. In this section: The term appropriate congressional committees means— the Committee on Foreign Affairs of the House of Representatives; and the Committee on Foreign Relations and the Committee on Banking, Housing, and Urban Affairs of the Senate. The terms defense articles and defense services mean those items on the United States Munitions List as defined in section 47(7) of the Arms Export Control Act ( 22 U.S.C. 2794 note). The term missile means a category I system as defined in the MTCR Annex. The term Missile Technology Control Regime or MTCR means the policy statement, between the United States, the United Kingdom, the Federal Republic of Germany, France, Italy, Canada, and Japan, announced on April 16, 1987, to restrict sensitive missile-relevant transfers based on the MTCR Annex, and any amendments thereto. MTCR adherent The term MTCR adherent means a country that participates in the MTCR or that, pursuant to an international understanding to which the United States is a party, controls MTCR equipment or technology in accordance with the criteria and standards set forth in the MTCR. MTCR annex The term MTCR Annex means the Guidelines and Equipment and Technology Annex of the MTCR, and any amendments thereto. The terms missile equipment or technology and MTCR equipment or technology mean those items listed in category I or category II of the MTCR Annex.
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