Page:United States Statutes at Large Volume 114 Part 1.djvu/883

 PUBLIC LAW 106-280—OCT. 6, 2000 114 STAT. 847 "(1) REQUIREMENT FOR BILATERAL AGREEMENT.— "(A) IN GENERAL.— The President may utilize the regulatory or other authority pursuant to this Act to exempt a foreign country from the licensing requirements of this Act with respect to exports of defense items only if the United States Government has concluded a binding bilateral agreement with the foreign country. Such agreement shall— "(i) meet the requirements set forth in paragraph (2); and "(ii) be implemented by the United States and the foreign country in a manner that is legally-binding under their domestic laws. "(B) EXCEPTION. — The requirement to conclude a bilateral agreement in accordance with subparagraph (A) shall not apply with respect to an exemption for Canada from the licensing requirements of this Act for the export of defense items. "(2) REQUIREMENTS OF BILATERAL AGREEMENT.— ^A bilateral agreement referred to paragraph (1)— "(A) shall, at a minimum, require the foreign country, as necessary, to revise its policies and practices, and promulgate or enact necessary modifications to its laws and regulations to establish an export control regime that is at least comparable to United States law, regulation, and policy requiring— "(i) conditions on the handling of all United Statesorigin defense items exported to the foreign country, including prior written United States Government approval for any reexports to third countries; "(ii) end-use and retransfer control commitments, including securing binding end-use and retransfer control commitments from all end-users, including such documentation as is needed in order to ensure compliance and enforcement, with respect to such United States-origin defense items; "(iii) establishment of a procedure comparable to a 'watchlist' (if such a watchlist does not exist) and full cooperation with United States Government law enforcement agencies to allow for sharing of export and import documentation and background information on foreign businesses and individuals employed by or otherwise connected to those businesses; and "(iv) establishment of a list of controlled defense items to ensure coverage of those items to be exported under the exemption; and "(B) should, at a minimum, require the foreign country, as necessary, to revise its policies and practices, and promulgate or enact necessary modifications to its laws and regulations to establish an export control regime that is at least comparable to United States law, regulation, and policy regarding— "(i) controls on the export of tangible or intangible technology, including via fax, phone, and electronic media;

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