Page:United States Statutes at Large Volume 104 Part 3.djvu/391

 PUBLIC LAW 101-510—NOV. 5, 1990 104 STAT. 1743 the transfer to such foreign person of items the export of which is controlled under this Act. "(iii) If, in addition to actions taken under clauses (i) and (ii), the President determines that the export, transfer, or trade has substantially contributed to the design, development, or production of missiles in a country that is not an MTCR adherent, then the President shall prohibit, for a period of not less than 2 years, the importation into the United States of products produced by that foreign person. " (2) INAPPLICABILITY WITH RESPECT TO MTCR ADHERENTS. — Paragraph (1) does not apply with respect to— "(A) any export, transfer, or trading activity that is authorized by the laws of an MTCR adherent, if such authorization is not obtained by misrepresentation or fraud; or "(B) any export, transfer, or trade of an item to an end user in a country that is an MTCR adherent. "(3) EFFECT OF ENFORCEMENT ACTIONS BY MTCR ADHERENTS.— Sanctions set forth in paragraph (1) may not be imposed under this subsection on a person with respect to acts described in such paragraph or, if such sanctions are in effect against a person on account of such acts, such sanctions shall be terminated, if an MTCR adherent is taking judicial or other enforcement action against that person with respect to such acts, or that person has been found by the government of an MTCR adherent to be innocent of wrongdoing with respect to such acts. "(4) ADVISORY OPINIONS.—The Secretary, in consultation with the Secretary of State and the Secretary of Defense, may, upon the request of any person, issue an advisory opinion to that person as to whether a proposed activity by that person would subject that person to sanctions under this subsection. Any person who relies in good faith on such an advisory opinion which states that the proposed activity would not subject a person to such sanctions, and any person who thereafter engages in such activity, may not be made subject to such sanctions on account of such activity. "(5) WAIVER AND REPORT TO CONGRESS.— (A) In any case other than one in which an advisory opinion has been issued under paragraph (4) stating that a proposed activity would not subject a person to sanctions under this subsection, the President may waive the application of paragraph (1) to a foreign person if the President determines that such waiver is essential to the national security of the United States. "(B) In the event that the President decides to apply the waiver described in subparagraph (A), the President shall so notify the Congress not less than 20 working days before issuing the waiver. Such notification shall include a report fully articu- Reports, lating the rationale and circumstances which led the President to apply the waiver. "(6) ADDITIONAL WAIVER.— The President may waive the imposition of sanctions under paragraph (1) on a person with respect to a product or service if the President certifies to the Congress that— "(A) the product or service is essential to the national security of the United States; and "(B) such person is a sole source supplier of the product or service, the product or service is not available from any

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