Page:United States Statutes at Large Volume 102 Part 2.djvu/351

 PUBLIC LAW 100-418—AUG. 23, 1988

102 STAT. 1355

in writing the Committee on Banking, Housing, and Urban Affairs of the Senate and the Committee on Foreign Affairs of the House of Representatives that he has begun such negotiations and why he beUeves it is important to national security that export controls on the goods or technology involved be maintained. "(B) If, within 6 months after the President's determination that export controls be maintained, the foreign availability has not been eliminated, the Secretary may not, after the end of that 6-month period, require a validated license for the export of the goods or technol(^ involved. The President may extend the 6Hmonth period described in the preceding sentence for an additional period of 12 months if the President certifies to the Congress that the negotiations involved are progressing and that the absence of the export controls involved would prove detrimental to the national security of the United States. Whenever the President has reason to believe that goods or technology subject to export controls for national security purposes by the United States may become available from other countries to controlled countries and that such availability can be prevented or eliminated by means of negotiations with such other countries, the President shall promptly initiate negotiations with the governments of such other countries to prevent such foreign availability. "(C) After an agreement is reached with a country pursuant to negotiations under this paragraph to eliminate or prevent foreign availability of goods or technolc^, the Secretary may not require a validated license for the export of such goods or technology to that country.

President of U.S.

"(5) EXPEDITED UCENSES FOR ITEBIS AVAILABLE TO COUNTRIES

O H R THAN O N R UE COUNTRIES.—(A) In any case in which TE OTO.D the Secretary finds that any goods or technology from foreign sources is of similar quality to goods or technology the export of which requires a validated license under this section and is available to a country other than a controlled country without effective restrictions, the Secretary shall designate such goods or technology as eligible for export to such country under this paragraph. "(B) In the case of goods or technol(^y designated under subparagraph (A), then 20 working days after the date of formal filing with the Secretary of an individual validated license application for the export of tiiose goods or technoloe^ to an eligible country, a license for the transaction specified in the application shall become valid and effective and the goods or technology are authorized for export pursuant to such license unless the license has been denied by the Secretary on account of an inappropriate end user. The Secretary may extend the 20day period provided in the preceding sentence for an additional period of lo days if the Secretary requires additional time to consider the application and so notifies the applicant. "(C) The Secretary may make a foreign availability determination under subparagraph (A) on the Secretary's own initiative, upon receipt of an all^ation from an export license applicant that such availability exists, or upon the submission of a certification by a technical advisory committee of appropriate jurisdiction that such availability exists. Upon receipt of Federal such an allegation or certification, the Secretary shall publish Register,

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