Page:United States Statutes at Large Volume 102 Part 2.djvu/350

 102 STAT. 1354

Federal Register, publication.

Federal Register, publication.

President of U.S.

PUBLIC LAW 100-418—AUG. 23, 1988

may consider such factors as cost, reliability, the availability and reliability of spare parts and the cost and quality thereof, maintenance programs, durability, quality of end products produced by the item proposed for export, and scale of production. For purposes of this subparagraph, 'evidence' may include such items as foreign manufacturers catalogues, brochures, or operations or maintenance manuals, articles from reputable trade publications, photographs, and depositions based up)on eyewitness accounts. "(B) In a case in which an allegation is received from an export license applicant, the Secretary shall, upon receipt of the allegation, submit for publication in the Federal Register notice 6f such receipt. Within 4 months after receipt of the allegation, the Secretary shall determine whether the foreign availability exists, and shall so notify the applicant. If the Secretary has determined that the foreign availability exists, the Secretary shall, upon making such determination, submit the determination for review to other departments and agencies as the Secretary considers appropriate. The Secretary^ determination of foreign availability does not require the concurrence or approval of any official, department, or agency to which such a determination is submitted. Not later than 1 month after the Secretary makes the determination, the Secretary shall respond in writing to the applicant and submit for publication in the Federal Register, that— "(i) the foreign availability does exist and— "(I) the requirement of a validated license has been removed, "(II) the President has determined that export controls under this section must be maintained notwithstanding the foreign availability and the applicable steps are being taken under paragraph (4), or (III) in the case of a foreign availability determination under paragraph (1), the foreign availability determination will be submitted to a multilateral review process in accordance with the agreement of the Coordinating Committee for a period of not more than 4 months beginning on the date of the publication; or "(ii) the foreign availability does not exist. In any case in which the submission for publication is not made within the time period specified in the preceding sentence, the Secretary may not thereafter require a license for the export of the goods or technology with respect to which the foreign avEulability allegation was made. In the case of a foreign availability determination under paragraph (1) to which clause (i)(HD applies, no license for such export may be reauired after the end of the 9-month period beginning on the date on which the allegation is received. "(4) NEGOTIATIONS TO ELIMINATE FOREIGN AVAILABILITY.—(A)

In any case in which export controls are maintained under this section notwithstanding foreign availability, on account of a determination by the {^resident that the absence of the controls would prove detrimental to the national security of the United StatM, the President shall actively pursue negotiations with the governments of the appropriate foreign countries for the purpose of eliminating such availability. No later than the commencement of such negotiations, the President shall notify

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