Page:United States Statutes at Large Volume 102 Part 2.djvu/345

 PUBLIC LAW 100-418—AUG. 23, 1988

102 STAT. 1349

an effective export control system consistent with principles agreed to in the Coordinating Committee, including the following: "(i) national laws providing appropriate civil and criminal penalties and statutes of limitations sufficient to deter potential violations; "(ii) a program to evaluate export license applications that includes sufficient technical expertise to assess the licensing status of exports and ensure the reliability of end-users; "(iii) an enforcement mechanism that provides authority for trained enforcement officers to investigate and prevent illegal exports; (iv) a system of export control documentation to verify the movement of goods and technology; and "(v) procedures for the coordination and exchange of information concerning violations of the agreement of the Coordinating Committee. The Secretary shall, at least once each year, review the determinations made under the preceding sentence with respect to all countries referred to in subparagraph (A). The Secretary may, as appropriate, add countries to, or remove countries from, the list of countries that are implementing an effective export control system in accordance with this subpcu-agraph. No authority or permission to export may be required for the export of goods or technology to a country on such list.".

Law enforcement and crime.

Law enforcement and crime. Records. Science and technology.

(b) COUNTRIES OTHER THAN C O C O M COUNTRIES.—Section 5(b) of

the Act (50 U.S.C. App. 2404(b)) is amended by adding at the end the following: "(3)(A) No authority or permission may be required under this Science and section to export to any country, other than a controlled country, technology. any goods or technology if the export of the goods or technology to controlled countries would require only notincation of the participating governments of the Coordinating Committee. "(B) The Secretary may require any person exporting any goods or technology under subparagraph (A) to notify the Secretary of those exports.. SEC. 2416. CONTROL LIST.

(a) RESOLUTION OF DISPLTES.—Section 5(c)(2) of the Act (50 U.S.C.

App. 2404(c)(2)) is amended by striking the last sentence and inserting the following: "If the Secretary and the Secretary of Defense are unable to concur on such items, as determined by the Secretary, the Secretary of Defense may, within 20 days after receiving notification of the Secretan^'s determination, refer the matter to me President for resolution. The Secretary of Defense shall notify the Secretary of any such referral. The President shall, not later than 20 days after President of such referral, notify the Secretary of his determination with respect U.S. to the inclusion of such items on the list. Failure of the Secretary of Defense to notify the President or the Secretary, or failure of the President to notify the Secretary, in accordance with this paragraph, shall be deemed by the Secretary to constitute concurrence in the implementation of the actions proposed by the Secretary regarding the inclusion of such items on the list.". (b) CONDUCT OF LIST REVIEWS.— (1) CONTROL UST.—Section 5(c)(3) of the Act is amended to

read as follows: "(3) The Secretary shall conduct partial reviews of the list established pursuant to this subsection at least once each calendar

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