22 U.S.C. § 2797b: Transfers of missile equipment or technology by foreign persons

exports, transfers, or otherwise engages in the trade of any MTCR equipment or technology that contributes to the acquisition, 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 this chapter, conspires to or attempts to engage in such export, transfer, or trade, or facilitates such export, transfer, or trade by any other person, United States Government contracts relating to missile equipment or technology; and licenses for the transfer to such foreign person of missile equipment or technology controlled under this chapter. all United States Government contracts with such foreign person; and licenses for the transfer to such foreign person of all items on the United States Munitions List. If, in addition to actions taken under subparagraphs (A) and (B), the President determines that the export, transfer, or trade has substantially contributed to the design, development, or production of missiles in a country that is not an MTCR adherent, then the President shall prohibit, for a period of not less than 2 years, the importation into the United States of products produced by that foreign person. any export, transfer, or trading activity that is authorized by the laws of an MTCR adherent, if such authorization is not obtained by misrepresentation or fraud; or any export, transfer, or trade of an item to an end user in a country that is an MTCR adherent. Notwithstanding paragraph (1), subsection (a) shall apply to an entity subordinate to a government that engages in exports or transfers described in section 2295a(b)(3)(A) of this title . been comprehensive; and been performed to the satisfaction of the United States; and with respect to any finding of innocence of wrongdoing, the United States is satisfied with the basis for such finding. The Secretary of State, in consultation with the Secretary of Defense and the Secretary of Commerce, may, upon the request of any person, issue an advisory opinion to that person as to whether a proposed activity by that person would subject that person to sanctions under this section. Any person who relies in good faith on such an advisory opinion which states that the proposed activity would not subject a person to such sanctions, and any person who thereafter engages in such activity, may not be made subject to such sanctions on account of such activity. In any case other than one in which an advisory opinion has been issued under subsection (d) stating that a proposed activity would not subject a person to sanctions under this section, the President may waive the application of subsection (a) 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 paragraph (1), the President shall so notify the Committee on Armed Services and the Committee on Foreign Relations of the Senate and the Committee on Armed Services and the Committee on Foreign Affairs of the House of Representatives not less than 45 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. In determining whether to apply sanctions under subsection (a) to a foreign 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 4605(j)(1)(A) 2 of title 50, has repeatedly provided support for acts of international terrorism. 2 So in original. Probably should be preceded by “section”. 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. 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 and services, that the defense articles or 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 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. The President shall submit each year to the appropriate committees of Congress [Committee on Foreign Relations of the Senate and Committee on Foreign Affairs of the House of Representatives], with respect to each Russian person described in paragraph (2), a certification that the reports required to be submitted to Congress during the preceding calendar year under section 2 of the Iran and Syria Nonproliferation Act ( Public Law 106–178 ) [now Iran, North Korea, and Syria Nonproliferation Act] [ 50 U.S.C. 1701 note] do not identify that person on account of a transfer to Iran of goods, services, or technology described in section 2(a)(1)(B) of such Act. The certification requirement under paragraph (1) applies with respect to each Russian person that, as of the date of the certification, is a party to an agreement relating to commercial cooperation on MTCR equipment or technology with a United States person pursuant to an arms export license that was issued at any time since January 1, 2000 . No activity or transfer which specifically has been the subject of a Presidential determination pursuant to section 5(a)(1), (2), or (3) of the Iran and Syria Nonproliferation Act ( Public Law 106–178 ) [now Iran, North Korea, and Syria Nonproliferation Act] [ 50 U.S.C. 1701 note] shall cause a Russian person to be considered as having been identified in the reports submitted during the preceding calendar year under section 2 of that Act for the purposes of the certification required under paragraph (1). the first certification under paragraph (1) not later than 60 days after the date of the enactment of this Act [ Oct. 6, 2000 ]; and each annual certification thereafter on the anniversary of the first submission. No certification is required under paragraph (1) after termination of cooperation under the specific license, or 5 years after the date on which the first certification is submitted, whichever is the earlier date. If, at any time after the issuance of a license under section 36(c) of the Arms Export Control Act [ 22 U.S.C. 2776(c) ] relating to the use, development, or co-production of commercial rocket engine technology with a foreign person, the President determines that the foreign person has engaged in any action described in section 73(a)(1) of the Arms Export Control Act ( 22 U.S.C. 2797b(a)(1) ) since the date the license was issued, the President may terminate the license. The term ‘foreign person’ has the meaning given the term in section 74(7) of the Arms Export Control Act ( 22 U.S.C. 2797c(7) ). The term ‘MTCR equipment or technology’ has the meaning given the term in section 74(5) of the Arms Export Control Act ( 22 U.S.C. 2797c(5) ). The term ‘person’ has the meaning given the term in section 74(8) of the Arms Export Control Act ( 22 U.S.C. 2797c(8) ). The term ‘United States person’ has the meaning given the term in section 74(6) of the Arms Export Control Act ( 22 U.S.C. 2797c(6) ).”