Page:United States Statutes at Large Volume 93.djvu/546

 93 STAT. 514

Contents of report.

50 USC 1701 ^°^-

PUBLIC LAW 96-72—SEPT. 29, 1979 policy toward the country which is the proposed target of the controls; (3) the reaction of other countries to the imposition or expansion of such export controls by the United States; (4) the likely effects of the proposed controls on the export performance of the United States, on the competitive position of the United States in the international economy, on the international reputation of the United States as a supplier of goods and technology, and on individual United States companies and their employees and communities, including the effects of the controls on existing contracts; (5) the ability of the United States to enforce the proposed controls effectively; and (6) the foreign policy consequences of not imposing controls. (c) CONSULTATION WITH INDUSTRY.—The Secretary, before imposing export controls under this section, shall consult with such affected United States industries as the Secretary considers appropriate, with respect to the criteria set forth in paragraphs (1) and (4) of subsection 0)) and such other matters as the Secretary considers appropriate. (d) ALTERNATIVE MEANS.—Before resorting to the imposition of export controls under this section, the President shall determine that reasonable efforts have been made to achieve the purposes of the controls through negotiations or other alternative means. (e) NOTIFICATION TO CONGRESS.—The President in every possible instance shall consult with the Congress before imposing any export control Under this section. Except as provided in section 7(g)(3) of this ^^^^ whenever the President imposes, expands, or extends export controls under this section, the President shall immediately notify the Congress of such action and shall submit with such notification a report specifying— (1) the conclusions of the President with respect to each of the criteria set forth in subsection (b); and (2) the nature and results of any alternative means attempted under subsection (d), or the reasons for imposing, extending, or expanding the control without attempting any such alternative means. Such report shall also indicate how such controls will further significantly the foreign policy of the United States or will further its declared international obligations. To the extent necessary to further the effectiveness of such export control, portions of such report may be submitted on a classified basis, and shall be subject to the provisions of section 12(c) of this Act. (f) EXCLUSION FOR MEDICINE AND MEDICAL SUPPUES.—This section does not authorize export controls on medicine or medical supplies. It is the intent of Congress that the President not impose export controls under this section on any goods or technology if he determines that the principal effect of the export of such goods or technology would be to help meet basic human needs. This subsection shall not be construed to prohibit the President from imposing restrictions on the export of medicine or medical supplies, under the International Emergency Economic Powers Act. This subsection shall not apply to any export control on medicine or medical supplies which is in effect on the effective date of this Act. (g) FOREIGN AVAILABILITY.—In applying export controls under this section, the President shall take all feasible steps to initiate and conclude negotiations with appropriate foreign governments for the purpose of securing the cooperation of such foreign governments in controlling the export to countries and consignees to which the

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