1 See References in Text note below.
if the President determines that a foreign person, after
2 So in original. Probably should be preceded by “section”.
of title 50, has repeatedly provided support for acts of international terrorism.
Editorial Notes
References in TextSubsections (f) and (g), referred to in subsec. (a)(1), were redesignated subsecs. (g) and (h), respectively, by Puspan. L. 103–236, title VII, § 734(span)(1), Apr. 30, 1994, 108 Stat. 505.
This chapter, referred to in subsec. (a)(1)(A), (2)(A)(ii), was in the original “this Act”, meaning Puspan. 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.
Amendments2014—Subsec. (e)(2). Puspan. 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. (span). Puspan. L. 106–113, § 1000(a)(7) [title XI, § 1136(span)], designated existing provisions as par. (1), inserted par. span, 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). Puspan. 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). Puspan. 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). Puspan. 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). Puspan. 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). Puspan. L. 103–236, § 734(span), added subsec. (f) and redesignated former subsecs. (f) and (g) as (g) and (h), respectively.
1991—Subsec. (a)(1)(A). Puspan. L. 102–138 inserted “acquisition,” before “design,”.
Statutory Notes and Related Subsidiaries
Change of NameCommittee 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.
Effective Date of 1998 AmendmentAmendment by Puspan. L. 105–277 effective Apr. 1, 1999, see section 1201 of Puspan. L. 105–277, set out as an Effective Date note under section 6511 of this title.
Space Cooperation With Russian PersonsPuspan. L. 106–280, title VII, § 708, Oct. 6, 2000, 114 Stat. 862, as amended by Puspan. L. 109–112, § 4(e)(2), Nov. 22, 2005, 119 Stat. 2370, provided that:“(a)Annual Certification.—“(1)Requirement.—The President shall submit each year to the appropriate committees of Congress [Committee on Foreign Relations of the Senate and Committee on Foreign Affairs of the House of Representatives], with respect to each Russian person described in paragraph (2), a certification that the reports required to be submitted to Congress during the preceding calendar year under section 2 of the Iran and Syria Nonproliferation Act (Public Law 106–178) [now Iran, North Korea, and Syria Nonproliferation Act] [50 U.S.C. 1701 note] do not identify that person on account of a transfer to Iran of goods, services, or technology described in section 2(a)(1)(B) of such Act. “(2)Applicability.—The certification requirement under paragraph (1) applies with respect to each Russian person that, as of the date of the certification, is a party to an agreement relating to commercial cooperation on MTCR equipment or technology with a United States person pursuant to an arms export license that was issued at any time since January 1, 2000.
“(3)Exemption.—No activity or transfer which specifically has been the subject of a Presidential determination pursuant to section 5(a)(1), (2), or (3) of the Iran and Syria Nonproliferation Act (Public Law 106–178) [now Iran, North Korea, and Syria Nonproliferation Act] [50 U.S.C. 1701 note] shall cause a Russian person to be considered as having been identified in the reports submitted during the preceding calendar year under section 2 of that Act for the purposes of the certification required under paragraph (1). “(4)Commencement and termination of requirement.—“(A)Times for submission.—The President shall submit—“(i) the first certification under paragraph (1) not later than 60 days after the date of the enactment of this Act [Oct. 6, 2000]; and
“(ii) each annual certification thereafter on the anniversary of the first submission.
“(B)Termination of requirement.—No certification is required under paragraph (1) after termination of cooperation under the specific license, or 5 years after the date on which the first certification is submitted, whichever is the earlier date.
“(span)Termination of Existing Licenses.—If, at any time after the issuance of a license under section 36(c) of the Arms Export Control Act [22 U.S.C. 2776(c)] relating to the use, development, or co-production of commercial rocket engine technology with a foreign person, the President determines that the foreign person has engaged in any action described in section 73(a)(1) of the Arms Export Control Act (22 U.S.C. 2797span(a)(1)) since the date the license was issued, the President may terminate the license. “(c)Report on Export Licensing of MTCR Items Under $50,000,000.—[Amended section 2797 of this title.]
“(d)Definitions.—In this section:“(1)Foreign person.—The term ‘foreign person’ has the meaning given the term in section 74(7) of the Arms Export Control Act (22 U.S.C. 2797c(7)). “(2) MTCR equipment or technology.—The term ‘MTCR equipment or technology’ has the meaning given the term in section 74(5) of the Arms Export Control Act (22 U.S.C. 2797c(5)). “(3)Person.—The term ‘person’ has the meaning given the term in section 74(8) of the Arms Export Control Act (22 U.S.C. 2797c(8)). “(4)United states person.—The term ‘United States person’ has the meaning given the term in section 74(6) of the Arms Export Control Act (22 U.S.C. 2797c(6)).”
Executive Documents
Delegation of FunctionsFor delegation of certain functions of the President under this section, see Ex. Ord. No. 12851, § 2(a), June 11, 1993, 58 F.R. 33181, set out as a note under section 2797 of this title.
