Page:United States Statutes at Large Volume 99 Part 1.djvu/154

 99 STAT. 132

PUBLIC LAW 99-64—JULY 12, 1985

(3) by inserting after paragraph (1) the following new paragraph: "(2) Any export control imposed under this section shall apply to any transaction or activity undertaken with the intent to evade that export control, even if that export control would not otherwise apply to that transaction or activity."; and (4) in paragraph (3), as redesignated by paragraph (2) of this subsection, by striking out "(e)" and inserting in lieu thereof "(f)". 50 USC app. (b) CRITERIA.—Section 6(b) is amended to read as follows: 2405 "(b) CRITERIA.—(1) Subject to paragraph (2) of this subsection, the President of U.S. president may impose, extend, or expand export controls under this section only if the President determines that— "(A) such controls are likely to 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, and that foreign policy purpose cannot be achieved through negotiations or other alternative means; "(B) the proposed controls are compatible with the foreign policy objectives of the United States and with overall United States policy toward the country to which exports are to be subject to the proposed controls; "(C) the reaction of other countries to the imposition, extension, or expansion of such export controls by the United States is not likely to render the controls ineffective in achieving the intended foreign policy purpose or to be counterproductive to United States foreign policy interests; "(D) the effect of the proposed controls on the export performance of the United States, the competitive position of the United States in the international economy, the international reputation of the United States as a supplier of goods and technology, or on the economic well-being of individual United States companies and their employees and communities does not exceed the benefit to United States foreign policy objectives; and "(E) the United States has the ability to enforce the proposed controls effectively. "(2) With respect to those export controls in effect under this section on the date of the enactment of the Export Administration Amendments Act of 1985, the President, in determining whether to extend those controls, as required by subsection (a)(3) of this section, shall consider the criteria set forth in paragraph (1) of this subsection and shall consider the foreign policy consequences of modifying the export controls.". (c) CONSULTATION WITH INDUSTRY.—Section 6(c) is amended to

19 USC 2155.

50 USC app.

2405.

read as follows: "(c) CONSULTATION WITH INDUSTRY.—The Secretary in every possible instance shall consult with and seek advice from affected United States industries and appropriate advisory committees established under section 135 of the Trade Act of 1974 before imposing any export control under this section. Such consultation and advice shall be with respect to the criteria set forth in subsection (b)(1) and such other matters as the Secretary considers appropriate.". (d)

CONSULTATION

WITH

OTHER

COUNTRIES.—Section

6

is

amended— (1) by redesignating subsections (d) through (k) as subsections (e) through (1), respectively; and

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