Page:United States Statutes at Large Volume 113 Part 2.djvu/1013

 PUBLIC LAW 106-113—APPENDIX G 113 STAT. 1501A-495 into in connection with such sale (if known on the date of transmittal of such statement); "(4) the projected delivery dates of the articles or services to be exported or reexported; and "(5) the extent to which the recipient country in the previous two years has engaged in any of the actions specified in subparagraph (A), (B), or (C) of section 129(2) of the Atomic Energy Act of 1954. SEC. 1136. ADHERENCE TO THE MISSILE TIICHNOLOGY CONTROL REGIME. (a) CLARIFICATION OF REQUIREMENT FOR CONTROL. —Section 74 of the Arms Export Control Act (22 U.S.C. 2797c) is amended— (1) by inserting "(a) IN GENERAL.— " before "For purposes of; and (2) by adding at the end the following: "(b) INTERNATIONAL UNDERSTANDING DI:FINED.— For purposes of subsection (a)(3), as it relates to any international understanding concluded with the United States after January 1, 2000, the term 'international understanding* means— "(1) any specific agreement by a country not to export, transfer, or otherwise engage in the trade of any MTCR equipment or technology that contributes to the acquisition, design, development, or production of missiles in a country that is not an MTCR adherent and would be, if it were United Statesorigin equipment or technology, subject to the jurisdiction of the United States under this Act; or "(2) any specific understanding by a country that, notwithstanding section 73(b) of this Act, the United States retains the right to take the actions under stjction 73(a)(2) of this Act in the case of any export or transfer of any MTCR equipment or technology that contributes to the acquisition, design, development, or production of missiles in a country that is not an MTCR adherent and would be, if it were United Statesorigin equipment or technology, subject to the jurisdiction of the United States under this Act.". (b) CLARIFICATION OF APPLICABILITY.— Section 73(b) of the Arms Export Control Act (22 U.S.C. 2797b(b)) is amended— (1) by redesignating paragraphs (1) and (2) as subparagraphs (A) and (B), respectively, and moving such subparagraphs 2 ems to the right; (2) by striking "Subsection (a)" and inserting the following: "(1) IN GENERAL.—Except as provided in paragraph (2), subsection (a)"; and (3) by adding at the end the following: "(2) LIMITATION.— Notwithstanding paragraph (1), subsection (a) shall apply to an entity subordinate to a government that engages in exports or transfers described in section 498A(b)(3)(A) of the Foreign Assistance Act of 1961 (22 U.S.C. 2295a(b)(3)(A)).". (c) ENFORCEMENT ACTIONS.—Section 73(c) of the Arms Export Control Act (22 U.S.C. 2797b(c)) is amended by inserting before the period at the end the following: ", and if the President certifies to the Committee on Foreign Relations of the Senate and the Committee on International Relations of th<j House of Representatives that—

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