Page:United States Statutes at Large Volume 108 Part 1.djvu/531

 PUBLIC LAW 103-236—APR. 30, 1994 108 STAT. 505 articles or defense services or l^ any employee, agent or subcontractor thereof to any other United States person to induce or persuade that United States person to purchase or acquire goods or services produced, manufactured, grown, or extracted, in whole or in part, in the foreign country which is purchasing those defense articles or services from the United States supplier; and "(3) the term *United States person' means— "(A) an individual who is a national or permanent resident alien of the United States; and ''(B) any corporation, business association, partnership, trust, or other juridical entity— "(i) organized under the laws of the United States or any State, the District of Columbia, or any territory or possession of the United States; or described in subparagraph (A).". SEC. 734. MISSILE TECHNOLOGY EXPORTS TO CERTAIN MIDDLE EAST- ERN AND ASIAN COUNTRIES. (a) EXPORTS BY UNITED STATES PERSONS.— Section 72 of the Arms Export Control Act (22 U.S.C. 2797a) is amended— (1) by redesignating subsection (c) as subsection (d); and (2) by inserting after subsection (b) the following: "(c) PRESUMPTION.—In determining whether to apply sanctions under subsection (a) to a United States person involved in the export, transfer, or trade of an item on the MTCR Annex, it should be a rebuttable presumption that such item is designed for use in a missile listed in the MTCR Annex if the President determines that the final destination of the item is a countnr the government of which the Secretary of State has determined, for purposes of 6(j)(l)(A) of the Export Administration Act of 1979, has repeatedly provided support for acts of international terrorism.". (b) EXPORTS BY FOREIGN PERSONS.— Section 73 of the Arms Export Control Act (22 U.S.C. 2797b) is amended— (1) by redesignating subsections (f) and (g) as subsections (g) and (h), respectively; and (2) by inserting after subsection (e) the following: "(0 PRESUMPTION.—In determining whether to apply sanctions under subsection (a) to a foreign person involved m the export, transfer, or trade of an item on the MTCR Annex, it should be a rebuttable presumption that such item is designed for use in a missile listed in the MTCR Annex if the President determines that the final destination of the item is a countnr the government of which the Secretary of State has determined, for purposes of 6(j)(l)(A) of the Export Administration Act of 1979, has repeatedly provided support for acts of international terrorism.". SEC. 735. NOTIFICATION OF CONGRESS ON CERTAIN EVENTS INVOLV- ING THE MISSILE TECHNOLOGY CONTROL REGIME (MTCR). (a) SALE OF DEFENSE ARTICLES OR SERVICES. —Section 36(b)(l) of the Arms Export Control Act is amended by inserting after 22 USC 2776. "sensitivity of such technology." the following new sentence: "In a case in which such articles or services listed on the Missile Technology Control Regime Annex are intended to support the design, development, or production of a Category I space laimch vehicle system (as defined in section 74), such report shall include a description of the proposed export and rationale for approving
 * (ii) owned or controlled in fact by individuals

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