Page:United States Statutes at Large Volume 104 Part 3.djvu/389

 PUBLIC LAW 101-510—NOV. 5, 1990 104 STAT. 1741 retary of State for a period of 20 days. The countries of concern referred to in the preceding sentence shall be maintained on a classified list by the Secretary of State, in consultation with the Secretary and the Secretary of Defense. "(B) Should the Secretary of Defense disagree with the determination of the Secretary to approve an export license to which subparagraph (A) applies, the Secretary of Defense shall so notify the Secretary within the 20 days provided for consultation on the determination. The Secretary of Defense shall at the same time submit the matter to the President for resolution of the dispute. The Secretary shall also submit the Secretary's recommendation to the President on the license application. "(C) The President shall approve or disapprove the export President, license application within 20 days after receiving the submission of the Secretary of Defense under subparagraph (B). "(D) Should the Secretary of Defense fail to notify the Secretary within the time period prescribed in subparagraph (B), the Secretary may approve the license application without awaiting the notification by the Secretary of Defense. Should the President fail to notify the Secretary of his decision on the export license application within the time period prescribed in subparagraph (C), the Secretary may approve the license application without awaiting the President's decision on the license application. "(E) Within 10 days after an export license is issued under this subsection, the Secretary shall provide to the Secretary of Defense and the Secretary of State the license application and accompanying documents issued to the applicant, to the extent that the relevant Secretary indicates the need to receive such application and documents. "(5) INFORMATION SHARING.— The Secretary shall establish a procedure for information sharing with appropriate officials of the intelligence community, as determined by the Director of Central Intelligence, and other appropriate Government agencies, that will ensure effective monitoring of transfers of MTCR equipment or technology and other missile technology.". (b) SANCTIONS FOR MISSILE TECHNOLOGY PROLIFERATION.—The Export Administration Act of 1979 is amended by inserting after section llA (50 U.S.C. App. 2410a) the following: MISSILE PROLIFERATION CONTROL VIOLATIONS " SEC. IIB. (a) VIOLATIONS BY UNITED STATES PERSONS.— "(1) SANCTIONS. —(A) If the President determines that a United States person knowingly— "(i) exports, transfers, or otherwise engages in the trade of any item on the MTCR Annex, in violation of the provisions of section 38 (22 U.S.C. 2778) or chapter 7 of the Arms Export Control Act, section 5 or 6 of this Act, or any regulations or orders issued under any such provisions, "(ii) conspires to or attempts to engage in such export, transfer, or trade, or "(iii) facilitates such export, transfer, or trade by any other person, then the President shall impose the applicable sanctions described in subparagraph (B). President. 50 USC app. 2410b.

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