Page:United States Statutes at Large Volume 103 Part 2.djvu/883

 -*«*.*j%S«S^v-". *«' PUBLIC LAW 101-222—DEC. 12, 1989 103 STAT. 1893 graph, the United States Government shall suspend expendi- tures pursuant to any such assistance obligated before the Secretary of State makes the determination described in subsec- tion (d). The President may authorize expenditures otherwise required to be suspended pursuant to the preceding sentence if the President has determined, and reported to the Congress, that suspension of those expenditures causes undue financial hardship to a supplier, shipper, or similar person and allowing the expenditure will not result in any munitions item being made available for use by such country. "(3) Consenting under section 3(a) of this Act, under section 505(a) of the Foreign Assistance Act of 1961, under the regula- tions issued to carry out section 38 of this Act, or under any other law (except as provided in subsection (h)), to any transfer of any munitions item to a country described in subsection (d). In implementing this paragraph, the United States Government shall withdraw any such consent which is in effect at the time the Secretary of State makes the determination described in subsection (d), except that this sentence does not apply with respect to any item that has already been transferred to such country. "(4) Providing any license or other approval under section 38 of this Act for any export or other transfer (including by means of a technical assistance agreement, manufacturing licensing agreement, or coproduction agreement) of any munitions item to a country described in subsection (d). In implementing this paragraph, the United States Government shall suspend any such license or other approval which is in effect at the time the Secretary of State makes the determination described in subsec- tion (d), except that this sentence does not apply with respect to any item that has already been exported or otherwise trans- ferred to such country. "(5) Otherwise facilitating the acquisition of any munitions item by a country described in subsection (d). This paragraph applies with respect to activities undertaken— "(A) by any department, agency, or other instrumentality of the Government, "(B) by any officer or employee of the Government (including members of the United States Armed Forces), or "(C) by any other person at the request or on behalf of the Government. The Secretary of State may waive the requirements of the second sentence of paragraph (1), the second sentence of paragraph (3), and the second sentence of paragraph (4) to the extent that the Secretary determines, after consultation with the Congress, that unusual and compelling circumstances require that the United States Govern- ment not take the actions specified in that sentence. " (b) PROHIBITED TRANSACTIONS BY UNITED STATES PERSONS. — "(1) IN GENERAL. — A United States person may not take any of the following actions: "(A) Exporting any munitions item to any country de- scribed in subsection (d). "(B) Selling, leasing, loaning, granting, or otherwise providing any munitions item to any country described in subsection (d). "(C) Selling, leasing, loaning, granting, or otherwise providing any munitions item to any recipient which is not

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