[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 22USC2797a]
TITLE 22--FOREIGN RELATIONS AND INTERCOURSE
CHAPTER 39--ARMS EXPORT CONTROL
SUBCHAPTER VII--CONTROL OF MISSILES AND MISSILE EQUIPMENT OR TECHNOLOGY
Sec. 2797a. Denial of transfer of missile equipment or
technology by United States persons
(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 2404 or 2405 of title 50, Appendix, 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) of
this section, 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) of
this section 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 2405(j)(1)(A) \1\ of title 50, Appendix, has
repeatedly provided support for acts of international terrorism.
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\1\ So in original. Probably should be preceded by ``section''.
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(d) Waiver
The President may waive the imposition of sanctions under subsection
(a) of this section 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.
(Pub. L. 90-629, ch. 7, Sec. 72, as added Pub. L. 101-510, div. A, title
XVII, Sec. 1703, Nov. 5, 1990, 104 Stat. 1745; amended Pub. L. 103-236,
title VII, Sec. 734(a), Apr. 30, 1994, 108 Stat. 505.)
