22 U.S. Code § 2797b - Transfers of missile equipment or technology by foreign persons
Notwithstanding paragraph (1), subsection (a) shall apply to an entity subordinate to a government that engages in exports or transfers described in section 2295a(b)(3)(A) of this title.
The Secretary of State, in consultation with the Secretary of Defense and the Secretary of Commerce, 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 section. 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.
In determining whether to apply sanctions under subsection (a) to a foreign person involved in the export, transfer, or trade of an item on the MTCR Annex, it should be a rebuttable presumption that such item is designed for use in a missile listed in the MTCR Annex if the President determines that the final destination of the item is a country the government of which the Secretary of State has determined, for purposes of 4605(j)(1)(A)  of title 50, has repeatedly provided support for acts of international terrorism.
 See References in Text note below.
 So in original. Probably should be preceded by “section”.
This chapter, referred to in subsec. (a)(1)(A), (2)(A)(ii), was in the original “this Act”, meaning Pub. L. 90–629, Oct. 22, 1968, 82 Stat. 1321, which is classified principally to this chapter. For complete classification of this Act to the Code, see Short Title note set out under section 2751 of this title and Tables.
2014—Subsec. (e)(2). Pub. L. 113–276 substituted “the Committee on Armed Services and the Committee on Foreign Affairs of the House of Representatives” for “the Committee on National Security and the Committee on International Relations of the House of Representatives”.
1999—Subsec. (b). Pub. L. 106–113, § 1000(a)(7) [title XI, § 1136(b)], designated existing provisions as par. (1), inserted par. heading, in introductory provisions, substituted “Except as provided in paragraph (2), subsection (a)” for “Subsection (a)”, redesignated former pars. (1) and (2) as subpars. (A) and (B), respectively, and added par. (2).
Subsec. (c). Pub. L. 106–113, § 1000(a)(7) [title XI, § 1136(c)], inserted before period at end “, and if the President certifies to the Committee on Foreign Relations of the Senate and the Committee on International Relations of the House of Representatives that—
“(1) for any judicial or other enforcement action taken by the MTCR adherent, such action has—
“(A) been comprehensive; and
“(B) been performed to the satisfaction of the United States; and
“(2) with respect to any finding of innocence of wrongdoing, the United States is satisfied with the basis for such finding”.
1998—Subsec. (d). Pub. L. 105–277 substituted “and the Secretary of Commerce” for “, the Secretary of Commerce, and the Director of the United States Arms Control and Disarmament Agency”.
1996—Subsec. (e)(2). Pub. L. 104–106 substituted “the Committee on Armed Services and the Committee on Foreign Relations of the Senate and the Committee on National Security and the Committee on International Relations of the House of Representatives” for “the Congress” and “45 working days” for “20 working days”.
1994—Subsec. (d). Pub. L. 103–236, § 714(a)(7), substituted “, the Secretary of Commerce, and the Director of the United States Arms Control and Disarmament Agency,” for “and the Secretary of Commerce,”.
Subsecs. (f) to (h). Pub. L. 103–236, § 734(b), added subsec. (f) and redesignated former subsecs. (f) and (g) as (g) and (h), respectively.
1991—Subsec. (a)(1)(A). Pub. L. 102–138 inserted “acquisition,” before “design,”.
Committee on International Relations of House of Representatives changed to Committee on Foreign Affairs of House of Representatives by House Resolution No. 6, One Hundred Tenth Congress, Jan. 5, 2007.
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