Page:United States Statutes at Large Volume 104 Part 3.djvu/396

 104 STAT. 1748 PUBLIC LAW 101-510—NOV. 5, 1990 that such waiver is essential to the national security of the United States. "(2) In the event that the President decides to apply the waiver described in paragraph (1), the President shall so notify the Congress not less than 20 working days before issuing the waiver. Such notification shall include a report fully articulating the rationale and circumstances which led the President to apply the waiver. "(f) 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— "(1) the product or service is essential to the national security of the United States; and "(2) such person is a sole source supplier of the product or service, the product or service is not available from any alternative reliable supplier, and the need for the product or service cannot be met in a timely manner by improved manufacturing processes or technological developments. "(g) EXCEPTIONS.— The President shall not apply the sanction under this section prohibiting the importation of the products of a foreign person— "(1) in the case of procurement of defense articles or defense services— "(A) under existing contracts or subcontracts, including the exercise of options for production quantities to satisfy requirements essential to the national security of the United States; "(B) if the President determines that the person to which the sanctions would be applied is a sole source supplier of the defense articles and services, that the defense articles or services are essential to the national security of the United States, and that alternative sources are not readily or reasonably available; or "(C) if the President determines that such articles or services are essential to the national security of the United States under defense coproduction agreements or NATO Programs of Cooperation; "(2) to products or services provided under contracts entered into before the date on which the President publishes his intention to impose the sanctions; or "(3) to— "(A) spare parts, "(B) component parts, but not finished products, essential to United States products or production, "(C) routine services and maintenance of products, to the extent that alternative sources are not readily or reasonably available, or (D) information and technology essential to United States products or production. 22 USC 2797c. "SEC. 74. DEFINITIONS For purposes of this chapter— "(1) the term 'missile' means a category I system as defined in the MTCR Annex, and any other unmanned delivery system of similar capability, as well as the specially designed production facilities for these systems; "(2) the term 'Missile Technology Control Regime' or 'MTCR' means the policy statement, between the United States, the

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