Page:United States Statutes at Large Volume 102 Part 2.djvu/349

 PUBLIC LAW 100-418—AUG. 23, 1988

102 STAT. 1353

whether a determination of foreign availability under subparagraph (A) with respect to such goods or technology is warranted. "(2) FORSIGN AVAILABILITy TO OTHER THAN CONTROIXED COUNTRIES.—<A) The Secretary shall review, on a continuing basis, the availability to countries other than controlled countries, from sources outside the United States, of any goods or technology the export of which requires a validated license under this section. If the Secretary determines, in accordance with procedures which the Secretary shall establish, that any goods or technology in sufficient quantity and of comparable quality are available in fact from sources outside the United States (other than availability under license from a country which maint4iins export controls on such goods or technology cooperatively with the United States pursuant to the agreement of the group known as the Coordinating Committee or pursuant to an agreement described in subsection (k) of this section), the Secretary may not, after the determination is made and during the period of such foreign availability, require a validated license for the export of such goods or tecimology to any country (other than a controlled country) to which the country from which the goods or technology is available does not place controls on the export of such goods or technology. The requirement with respect to a validated license in the preceding sentence shall not apply if the President determines that the absence of export controls under this section on the goods or technologv would rove detrimental to the national securibr of the United States, n any case in which the President aetermines under this paragraph that export controls under this section must be maintained notwithstanding foreign availability, the Secretary shall publish that determination, together with a concise statement of its basds and the estimated econmnic impact of the decision. "(B) Hie Secretary shall approve any application for a validated license which is required under this section for the export of any goods or technoloeir to a country (other than a controlled country) and which meets all other requirements for such an application, if the Secretary determines that such goods or technology are available from foreign sources to Uiat country under the criteria established in subparagraph (A), unless the President determines that approving the license application would prove detrimental to the national security of the United States. In any case in which the Secretary makes a determination of foreign availability under this subparagraph with respect to any goods or technology, the Secretary shall determine whether a determination of foreign avaUabliity under subparagraph (A) with respect to such goods or technology is warranted. "(3) PROCEDURES FOR MAKING DEnERinNAnoNS.—<A) The Secretary shall make a foreign availability determination under paragraph (1) or (2) on the Secretary's own initiative or upon receipt of an allegation from an export license aj^licant mat such availability exists. In making any such determination, the Secretary shall accept the representations of applicants made in writing and supported by reasonable evidence, unless such representations are contradicted l ^ reliable evidence, including scientific or physical examination, expert opinion based upon adec^te factual information, or intelligence information. In making determinations of foreign avulability, the Secretary

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