50a U.S. Code Rule - Missile proliferation control violations

(a) Violations by United States persons
(1) Sanctions
(A) If the President determines that a United States person knowingly—
(i) exports, transfers, or otherwise engages in the trade of any item on the MTCR Annex, in violation of the provisions of section 38 (22 U.S.C. 2778) or chapter 7 of the Arms Export Control Act [22 U.S.C. 2797 et seq.], section 5 or 6 of this Act [section 2404 or 2405 of this Appendix], or any regulations or orders issued under any such provisions,
(ii) conspires to or attempts to engage in such export, transfer, or trade, or
(iii) facilitates such export, transfer, or trade by any other person,
then the President shall impose the applicable sanctions described in subparagraph (B).
(B) The sanctions which apply to a United States person under subparagraph (A) are the following:
(i) If the item on the MTCR Annex involved in the export, transfer, or trade is missile equipment or technology within category II of the MTCR Annex, then the President shall deny to such United States person, for a period of 2 years, licenses for the transfer of missile equipment or technology controlled under this Act [sections 2401 to 2420 of this Appendix].
(ii) If the item on the MTCR Annex involved in the export, transfer, or trade is missile equipment or technology within category I of the MTCR Annex, then the President shall deny to such United States person, for a period of not less than 2 years, all licenses for items the export of which is controlled under this Act [sections 2401 to 2420 of this Appendix].
(2) Discretionary sanctions
In the case of any determination referred to in paragraph (1), the Secretary may pursue any other appropriate penalties under section 11 of this Act [section 2410 of this Appendix].
(3) Waiver
The President may waive the imposition of sanctions under paragraph (1) on a person with respect to a product or service if the President certifies to the Congress that—
(A) the product or service is essential to the national security of the United States; and
(B) such person is a sole source supplier of the product or service, the product or service is not available from any alternative reliable supplier, and the need for the product or service cannot be met in a timely manner by improved manufacturing processes or technological developments.
(b) Transfers of missile equipment or technology by foreign persons
(1) Sanctions
(A) Subject to paragraphs (3) through (7), if the President determines that a foreign person, after the date of the enactment of this section [Nov. 5, 1990], knowingly—
(i) exports, transfers, or otherwise engages in the trade of any MTCR equipment or technology that contributes to the design, development, or production of missiles in a country that is not an MTCR adherent and would be, if it were United States-origin equipment or technology, subject to the jurisdiction of the United States under this Act [sections 2401 to 2420 of this Appendix],
(ii) conspires to or attempts to engage in such export, transfer, or trade, or
(iii) facilitates such export, transfer, or trade by any other person,
or if the President has made a determination with respect to a foreign person under section 73(a) of the Arms Export Control Act [22 U.S.C. 2797b (a)], then the President shall impose on that foreign person the applicable sanctions under subparagraph (B).
(B) The sanctions which apply to a foreign person under subparagraph (A) are the following:
(i) If the item involved in the export, transfer, or trade is within category II of the MTCR Annex, then the President shall deny, for a period of 2 years, licenses for the transfer to such foreign person of missile equipment or technology the export of which is controlled under this Act [sections 2401 to 2420 of this Appendix].
(ii) If the item involved in the export, transfer, or trade is within category I of the MTCR Annex, then the President shall deny, for a period of not less than 2 years, licenses for the transfer to such foreign person of items the export of which is controlled under this Act [sections 2401 to 2420 of this Appendix].
(iii) If, in addition to actions taken under clauses (i) and (ii), the President determines that the export, transfer, or trade has substantially contributed to the design, development, or production of missiles in a country that is not an MTCR adherent, then the President shall prohibit, for a period of not less than 2 years, the importation into the United States of products produced by that foreign person.
(2) Inapplicability with respect to MTCR adherents
Paragraph (1) does not apply with respect to—
(A) any export, transfer, or trading activity that is authorized by the laws of an MTCR adherent, if such authorization is not obtained by misrepresentation or fraud; or
(B) any export, transfer, or trade of an item to an end user in a country that is an MTCR adherent.
(3) Effect of enforcement actions by MTCR adherents
Sanctions set forth in paragraph (1) may not be imposed under this subsection on a person with respect to acts described in such paragraph or, if such sanctions are in effect against a person on account of such acts, such sanctions shall be terminated, if an MTCR adherent is taking judicial or other enforcement action against that person with respect to such acts, or that person has been found by the government of an MTCR adherent to be innocent of wrongdoing with respect to such acts.
(4) Advisory opinions
The Secretary, in consultation with the Secretary of State and the Secretary of Defense, may, upon the request of any person, issue an advisory opinion to that person as to whether a proposed activity by that person would subject that person to sanctions under this subsection. Any person who relies in good faith on such an advisory opinion which states that the proposed activity would not subject a person to such sanctions, and any person who thereafter engages in such activity, may not be made subject to such sanctions on account of such activity.
(5) Waiver and report to Congress
(A) In any case other than one in which an advisory opinion has been issued under paragraph (4) stating that a proposed activity would not subject a person to sanctions under this subsection, the President may waive the application of paragraph (1) to a foreign person if the President determines that such waiver is essential to the national security of the United States.
(B) In the event that the President decides to apply the waiver described in subparagraph (A), the President shall so notify the Congress not less than 20 working days before issuing the waiver. Such notification shall include a report fully articulating the rationale and circumstances which led the President to apply the waiver.
(6) Additional waiver
The President may waive the imposition of sanctions under paragraph (1) on a person with respect to a product or service if the President certifies to the Congress that—
(A) the product or service is essential to the national security of the United States; and
(B) such person is a sole source supplier of the product or service, the product or service is not available from any alternative reliable supplier, and the need for the product or service cannot be met in a timely manner by improved manufacturing processes or technological developments.
(7) Exceptions
The President shall not apply the sanction under this subsection prohibiting the importation of the products of a foreign person—
(A) in the case of procurement of defense articles or defense services—
(i) under existing contracts or subcontracts, including the exercise of options for production quantities to satisfy requirements essential to the national security of the United States;
(ii) if the President determines that the person to which the sanctions would be applied is a sole source supplier of the defense articles and services, that the defense articles or services are essential to the national security of the United States, and that alternative sources are not readily or reasonably available; or
(iii) if the President determines that such articles or services are essential to the national security of the United States under defense coproduction agreements or NATO Programs of Cooperation;
(B) to products or services provided under contracts entered into before the date on which the President publishes his intention to impose the sanctions; or
(C) to—
(i) spare parts,
(ii) component parts, but not finished products, essential to United States products or production,
(iii) routine services and maintenance of products, to the extent that alternative sources are not readily or reasonably available, or
(iv) information and technology essential to United States products or production.
(c) Definitions
For purposes of this section and subsections (k) and (l) ofsection 6 [section 2405 (k) and (l) of this Appendix]—
(1) the term “missile” means a category I system as defined in the MTCR Annex, and any other unmanned delivery system of similar capability, as well as the specially designed production facilities for these systems;
(2) the term “Missile Technology Control Regime” or “MTCR” means the policy statement, between the United States, the United Kingdom, the Federal Republic of Germany, France, Italy, Canada, and Japan, announced on April 16, 1987, to restrict sensitive missile-relevant transfers based on the MTCR Annex, and any amendments thereto;
(3) the term “MTCR adherent” means a country that participates in the MTCR or that, pursuant to an international understanding to which the United States is a party, controls MTCR equipment or technology in accordance with the criteria and standards set forth in the MTCR;
(4) the term “MTCR Annex” means the Guidelines and Equipment and Technology Annex of the MTCR, and any amendments thereto;
(5) the terms “missile equipment or technology” and “MTCR equipment or technology” mean those items listed in category I or category II of the MTCR Annex;
(6) the term “foreign person” means any person other than a United States person;
(7)
(A) the term “person” means a natural person as well as a corporation, business association, partnership, society, trust, any other nongovernmental entity, organization, or group, and any governmental entity operating as a business enterprise, and any successor of any such entity; and
(B) in the case of countries where it may be impossible to identify a specific governmental entity referred to in subparagraph (A), the term “person” means—
(i) all activities of that government relating to the development or production of any missile equipment or technology; and
(ii) all activities of that government affecting the development or production of aircraft, electronics, and space systems or equipment; and
(8) the term “otherwise engaged in the trade of” means, with respect to a particular export or transfer, to be a freight forwarder or designated exporting agent, or a consignee or end user of the item to be exported or transferred.

Source

(Pub. L. 96–72, § 11B, as added Pub. L. 101–510, div. A, title XVII, § 1702(b),Nov. 5, 1990, 104 Stat. 1741.)
References in Text

The Arms Export Control Act, referred to in subsec. (a)(1)(A)(i), is Pub. L. 90–269, Oct. 22, 1968, 82 Stat. 1320, as amended. Chapter 7 of the Act is classified generally to subchapter VII (§ 2797 et seq.) of chapter 39 of Title 22, Foreign Relations and Intercourse. For complete classification of this Act to the Code, see Short Title note set out under section 2751 of Title 22 and Tables.
Delegation of Functions

Functions of President under this section delegated to Secretary of Commerce, with certain exceptions, by section 2(b) of Ex. Ord. No. 12851, June 11, 1993, 58 F.R. 33181, set out as a note under section 2797 of Title 22, Foreign Relations and Intercourse.

The table below lists the classification updates, since , for this section. Updates to a broader range of sections may be found at the update page for containing chapter, title, etc.

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50aa USCDescription of ChangeSession YearPublic LawStatutes at Large

This is a list of parts within the Code of Federal Regulations for which this US Code section provides rulemaking authority.

This list is taken from the Parallel Table of Authorities and Rules provided by GPO [Government Printing Office].

It is not guaranteed to be accurate or up-to-date, though we do refresh the database weekly. More limitations on accuracy are described at the GPO site.


15 CFR - Commerce and Foreign Trade

15 CFR Part 730 - GENERAL INFORMATION

15 CFR Part 732 - STEPS FOR USING THE EAR

15 CFR Part 734 - SCOPE OF THE EXPORT ADMINISTRATION REGULATIONS

15 CFR Part 736 - GENERAL PROHIBITIONS

15 CFR Part 738 - COMMERCE CONTROL LIST OVERVIEW AND THE COUNTRY CHART

15 CFR Part 740 - LICENSE EXCEPTIONS

15 CFR Part 742 - CONTROL POLICY—CCL BASED CONTROLS

15 CFR Part 743 - SPECIAL REPORTING

15 CFR Part 744 - CONTROL POLICY: END-USER AND END-USE BASED

15 CFR Part 746 - EMBARGOES AND OTHER SPECIAL CONTROLS

15 CFR Part 747 - SPECIAL IRAQ RECONSTRUCTION LICENSE

15 CFR Part 748 - APPLICATIONS (CLASSIFICATION, ADVISORY, AND LICENSE) AND DOCUMENTATION

15 CFR Part 750 - APPLICATION PROCESSING, ISSUANCE, AND DENIAL

15 CFR Part 752 - SPECIAL COMPREHENSIVE LICENSE

15 CFR Part 754 - SHORT SUPPLY CONTROLS

15 CFR Part 756 - APPEALS

15 CFR Part 758 - EXPORT CLEARANCE REQUIREMENTS

15 CFR Part 760 - RESTRICTIVE TRADE PRACTICES OR BOYCOTTS

15 CFR Part 762 - RECORDKEEPING

15 CFR Part 764 - ENFORCEMENT AND PROTECTIVE MEASURES

15 CFR Part 766 - ADMINISTRATIVE ENFORCEMENT PROCEEDINGS

15 CFR Part 768 - FOREIGN AVAILABILITY DETERMINATION PROCEDURES AND CRITERIA

15 CFR Part 770 - INTERPRETATIONS

15 CFR Part 772 - DEFINITIONS OF TERMS

15 CFR Part 774 - THE COMMERCE CONTROL LIST

37 CFR - Patents, Trademarks, and Copyrights

37 CFR Part 5 - SECRECY OF CERTAIN INVENTIONS AND LICENSES TO EXPORT AND FILE APPLICATIONS IN FOREIGN COUNTRIES

 

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