Page:United States Statutes at Large Volume 88 Part 2.djvu/239

 88 STAT. ]

PUBLIC LAW 93-500-OCT. 29, 1974

1555

directly or indirectly from the imposition of controls shall reflect the Secretary's consideration of such factors as— "(1) Whether denial would cause a unique hardship to the applicant which can be alleviated only by granting an exception to the applicable regulations. I n determining whether relief shall be granted, the Secretary will take into account: " (A) ownership of material for which there is no practicable domestic market by virtue of the location or nature of the material; " (B) potential serious financial loss to the applicant if not granted an exception; " (C) inability to obtain, except through import, an item essential for domestic use which is produced abroad from the commodity under control; " (D) the extent to which denial would conflict, to the particular detriment of the applicant, with other national policies including those reflected in any international agreement to which the United States is a party; " (E) possible adverse, effects on the economy (including unemployment) in any locality or region of the United States; and " (F) other relevant factors, including the applicant's lack of an exporting history during any base period that may be established with respect to export quotas for the particular commodity. " (2) The effect a finding in favor of the applicant would have on attainment of the basic objectives of the short supply control program. I n all cases, the desire to sell at higher prices and thereby obtain greater profits will not be considered as evidence of a unique hardship, nor will circumstances where the hardship is due to imprudent acts or failure to act on the part of the appellant.'. INTERAGENCY REVIEW

SEC. 9. Section 4 of the Export Administration Act of 1969, as amended by sections 3 and 5 of this Act, is amended by adding at the end thereof the following new subsection: " (h)(1) The Congress finds that the defense posture of the United States may be seriously compromised if the Nation's goods and technology are exported to a controlled country without an adequate and knowledgeable assessment being made to determine whether export of such goods and technology will significantly increase the military capability of such country. I t is the purpose of this subsection to pro- to^pr'e°Td^n"'^^"°" vide for such an assessment and to authorize the Secretary of Defense to review any proposed export of goods or technology to any such country and, whenever he determines that the export of such goods or technology will significantly increase the military capability of such country, to recommend to the President that such export be disapproved. "(2) Notwithstanding any other provision of law, the Secretary of Defense shall determine, in consultation with the export control office to which licensing requests are made, the types and categories of transactions which should be reviewed by him to carry out the purpose of this subsection. Whenever a license or other authority is requested for the export of such goods or technology to any controlled country, the appropriate export control office or agency to whom such request is made shall notify the Secretary of Defense of such request, and such office may not issue any license or other authority pursuant to such request prior to the expiration of the period within which the

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