Page:United States Statutes at Large Volume 93.djvu/545

 PUBLIC LAW 96-72—SEPT. 29, 1979

93 STAT. 513

security controls under this section which contribute to that particular mUitary use, regardless of whether such goods or technology are available to that country from sources outside the United States; and (B) may take such additional steps under this Act with respect to the party referred to in subparagraph (A) as are feasible to deter the fiurther military use of the previously exported goods or technology. (2) As used in this subsection, the terms ''diversion to significant mUitary use" and "si^iificant military use" means the use of United Stat^ goods or technolo^ to design or produce any item on the United States Munitions List.

"Diversion to significant military use" and "significant military use".

FOREIGN POLICY CONTROLS

SEC. 6. (a) AUTHORITY.—(1) In order to cany out the policy set forth 50 USC app. in paragraph (2)(B), (7), or (8) of section 3 of this Act, the President 2405. may prohibit or curtail the exportation of any goods, technology, or other information subject to the jurisdiction of the United States or exported by any person subject to the jurisdiction of the United Stat^, to the extent necessary to further significantly the foreign policy of the United States or to fulfill its declared international obligations. The authority granted by this subsection shall be exercised by the Secretary, in consultation with the Secretary of State and such other departments and agencies as the Secretary considers appropriate, and shall be implemented by means of export licenses issued by the Secretary. (2) Export controls maintained for foreign policy purposes shall Expiration date. expire on December 31, 1979, or one year after imposition, whichever is later, unless extended by the President in accordance with subsections (b) and (e). Any such extension and any subsequent extension shall not be for a period of more than one year. (3) Whenever the Secretary denies any export license under this Export license subsection, the Secretary shaQ specify in the notice to the applicant of denial. the denial of such license that the license was denied under the authority contained in this subsection, and the reasons for such denial, with reference to the criteria set forth in subsection (b) of this section. The Secretary shall also include in such notice what, if any, modifications in or restrictions on the goods or technology for which the license was sought would allow such export to be compatible with controls implemented under this section, or the Secretary shall indicate in such notice which officers and employees of the Departr ment of Commerce who are familiar with the application will be made reasonably available to the applicant for consultation with regard to such modifications or restrictions, if appropriate. (4) In accordance with the provisions of section 10 of this Act, the Export license Secretary of State shall have the right to review any export license application, application under this section which the Secretary of Stote requests to review. (b) CRITERIA.—When imposing, expanding, or extending export controls under this section, the President shall consider— (1) the probability that such controls will achieve the intended foreign policy purpose, in light of other factors, including the availability from other countries of the goods or technology proposed for such controls; (2) the compatibility of the proposed controls with the foreign policy objectives of the United States, including the effort to counter international terrorism, and with overall United States

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