1 2 3 4 5 6 7 8 9 10 20 H.L.C. (D) does not constrain the President's authority to impose measures under this act in the event of a future export of concern by the same or other persons subject to the jurisdic tion of the foreign government party to the agreement; and (E) is submitted to the appropriate congressional committees 30 days prior to its entry into force. (b) ADDITIONAL WAIVER.-Any mandatory measure 11 described in section 7 shall not apply to a foreign person 12 if the President determines that it is important to the 13 counterterrorism, nonproliferation, or other national secu14 rity interests of the United States and transmits to the 15 appropriate congressional committees a report in writing 16 that contains such determination. 17 (c) SENSE OF CONGRESS.-It is the sense of Con18 gress that the President should— 19 20 21 22 23 24 (1) strengthen international coordination and execution of arms export policy through the development of bilateral and multilateral agreements under subsection (a)(2), particularly with member states of the North Atlantic Treaty Organization (NATO), Japan, Australia and New Zealand, and exercise the 21 H.L.C. 1 2 3 4 5 6 7 8 9 10 11 waivers provided under this section in all appropriate instances that further this objective; and (2) whenever the President determines that the measures described in section 7 should be applied, that the measures be applied comprehensively with respect to the affected foreign person's affiliates and subsidiaries, wherever located, in order to deter to the fullest extent possible a recurrence or continu ation of the export giving rise to the President's determination. (d) FORM.-If the President considers it appropriate, 12 the determination and report of the President under sub 13 section (a), or appropriate parts thereof, may be trans 14 mitted in classified form. 15 SEC. 10. DEFINITIONS. 16 17 In this Act: (1) APPROPRIATE CONGRESSIONAL COMMIT TEES. The term "appropriate congressional committees" means (A) the Committee on International Relations and the Committee on Armed Services of the House of Representatives; and (B) the Committee on Foreign Relations and the Committee on Armed Services of the Senate. 22 H.L.C. 1 (2) DEFENSE ARTICLES AND DEFENSE SERV ICES. The term "defense articles and defense serv ices" has the meaning given the term in section 47(7) of the Arms Export Control Act (22 U.S.C. 2794 note). (3) DUAL USE.-The term "dual use" means, with respect to goods or technology, those goods or technology that are specifically designed or devel oped for civil purposes but which also may be used or deployed in a military or proliferation mode. Such term does not include purely commercial items. (4) EXPORT.-The term "export" has the meaning given that term in section 120.17 of the International Traffic in Arms Regulations, and includes re-exports, transfers, and retransfers by any means. (5) EXPORT ADMINISTRATION REGULATIONS.The term "Export Administration Regulations" means those regulations contained in sections 730 through 774 of title 15, Code of Federal Regulations (or successor regulations). (6) FOREIGN GOVERNMENT.-The term "foreign government" has the meaning given the term in section 38(g) (9)(B) of the Arms Export Control Act (22 U.S.C. 2778(g)(9)(B)). 23 H.L.C. (7) FOREIGN PERSON.-The term "foreign per son" has the meaning given the term in section 38(g) (9) (C) of the Arms Export Control Act (22 U.S.C. 2778(g)(9)(C)). (8) GOOD.-The term "good" has the meaning given the term in section 16(3) of the Export Administration Act of 1979 (50 U.S.C. App. 2415(3)). (9) INTERNATIONAL TRAFFIC IN ARMS REGULATIONS. The term "International Traffic in Arms Regulations" means those regulations contained in sections 120 through 130 of title 22, Code of Federal Regulations (or successor regulations). (10) ITEM.-The term "item" means any good or technology, defense article or defense service subject to the export jurisdiction of the United States under law or regulation. (11) LICENSE. The term "license" means an official written document of the United States Gov ernment issued pursuant to the Export Administra tion Regulations or the International Traffic in Arms Regulations, as the case may be, authorizing a specific export. (12) OTHER FORMS OF APPROVAL.- -The term "other forms of approval" includes any authoriza 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 24 H.L.C. tion, rule or exemption contained in any statute or regulation that permits an export without a license. (13) OWNERSHIP OR CONTROL. The term "ownership or control" has the meaning given the term in section 122.2(c) of the International Traffic in Arms Regulations. (14) PERSON.-The term "person" has the meaning given the term in section 38(g) (9) (E) of Arms Export Control Act (22 U.S.C. the Arms 2778(g)(9)(E)). (15) TECHNOLOGY.-The term "technology" has the meaning given the term in section 16(4) of the Export Administration Act of 1979 (50 U.S.C. App. 2415(4)). (16) UNITED STATES MUNITIONS LIST.—The term "United States Munitions List" means the list referred to in section 38(a)(1) of the Arms Export Control Act (22 U.S.C. 2778(a)(1)). |