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22 U.S.C. § 2797 — Licensing
Federal law — U.S. Code and appendices · legal_authorities
**(a) Establishment of list of controlled items** The Secretary of State, in consultation with the Secretary of Defense and the heads of other appropriate departments and agencies, shall establish and maintain, as part of the United States Munitions List, a list of all items on the MTCR Annex the export of which is not controlled under section 4605(l) 11 See References in Text note below. of title 50.
**(b) Referral of license applications**
(1) A determination of the Secretary of State to approve a license for the export of an item on the list established under subsection (a) may be made only after the license application is referred to the Secretary of Defense.
(2) Within 10 days after a license is issued for the export of an item on the list established under subsection (a), the Secretary of State shall provide to the Secretary of Defense and the Secretary of Commerce the license application and accompanying documents issued to the applicant, to the extent that the relevant Secretary indicates the need to receive such application and documents.
**(c) Information sharing** The Secretary of State shall establish a procedure for sharing information with appropriate officials of the intelligence community, as determined by the Director of Central Intelligence, and with other appropriate Government agencies, that will ensure effective monitoring of transfers of MTCR equipment or technology and other missile technology.
**(d) Exports to space launch vehicle programs** Within 15 days after the issuance of a license (including any brokering license) for the export of items valued at less than $50,000,000 that are controlled under this chapter pursuant to United States obligations under the Missile Technology Control Regime and are goods or services that are intended to
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Source location: Title 22, Chapter 39, § 2797; chapter-039-arms-export-control.md
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**(a) Establishment of list of controlled items** The Secretary of State, in consultation with the Secretary of Defense and the heads of other appropriate departments and agencies, shall establish and maintain, as part of the United States Munitions List, a list of all items on the MTCR Annex the export of which is not controlled under section 4605(l) 11 See References in Text note below. of title 50.
**(b) Referral of license applications**
(1) A determination of the Secretary of State to approve a license for the export of an item on the list established under subsection (a) may be made only after the license application is referred to the Secretary of Defense.
(2) Within 10 days after a license is issued for the export of an item on the list established under subsection (a), the Secretary of State shall provide to the Secretary of Defense and the Secretary of Commerce the license application and accompanying documents issued to the applicant, to the extent that the relevant Secretary indicates the need to receive such application and documents.
**(c) Information sharing** The Secretary of State shall establish a procedure for sharing information with appropriate officials of the intelligence community, as determined by the Director of Central Intelligence, and with other appropriate Government agencies, that will ensure effective monitoring of transfers of MTCR equipment or technology and other missile technology.
**(d) Exports to space launch vehicle programs** Within 15 days after the issuance of a license (including any brokering license) for the export of items valued at less than $50,000,000 that are controlled under this chapter pursuant to United States obligations under the Missile Technology Control Regime and are goods or services that are intended to support the design, utilization, development, or production of a space launch vehicle system listed in Category I of the MTCR Annex, the Secretary shall transmit to the Congress a report describing the licensed export and rationale for approving such export, including the consistency of such export with United States missile nonproliferation policy. The requirement contained in the preceding sentence shall not apply to licenses for exports to countries that were members of the MTCR as of April 17, 1987.
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Federal law — U.S. Code and appendices · legal_authorities
**(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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title22-section2778&num=0&edition=prelim)) or chapter 7 of the Arms Export Control Act [[22 U.S.C. 2797](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title22-section2797&num=0&edition=prelim) et seq.], section 4604 or 4605 11 See References in Text note below. of this title, 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 chapter.
(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 chapter.
(2) **Discretionary sanctions** — In the case of any determination referr
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Presidential control of exports and imports of defense articles and services, guidance of policy, etc.; designation of United States Munitions List; issuance of export licenses; negotiations information**
(1) In furtherance of world peace and the security and foreign policy of the United States, the President is authorized to control the import and the export of defense articles and defense services and to provide foreign policy guidance to persons of the United States involved in the export and import of such articles and services. The President is authorized to designate those items which shall be considered as defense articles and defense services for the purposes of this section and to promulgate regulations for the import and export of such articles and services. The items so designated shall constitute the United States Munitions List.
(2) Decisions on issuing export licenses under this section shall take into account whether the export of an article would contribute to an arms race, aid in the development of weapons of mass destruction, support international terrorism, increase the possibility of outbreak or escalation of conflict, or prejudice the development of bilateral or multilateral arms control or nonproliferation agreements or other arrangements.
(3) In exercising the authorities conferred by this section, the President may require that any defense article or defense service be sold under this chapter as a condition of its eligibility for export, and may require that persons engaged in the negotiation for the export of defense articles and services keep the President fully and currently informed of the progress and future prospects of such negotiations.
**(b) Registration and licensing requirements for manufacturers, exporters, or importers of d
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Imposition of sanctions**
(1) **Determination by the President** — Except as provided in subsection (b)(2), the President shall impose both of the sanctions described in subsection (c) if the President determines that a foreign person, on or after October 28, 1991, has knowingly and materially contributed—
(A) through the export from the United States of any goods or technology that are subject to the jurisdiction of the United States,
(B) through the export from any other country of any goods or technology that would be, if they were United States goods or technology, subject to the jurisdiction of the United States, or
(C) through any other transaction not subject to sanctions pursuant to the Export Administration Act of 1979,11 See References in Text note below.
to the efforts by any foreign country, project, or entity described in paragraph (2) to use, develop, produce, stockpile, or otherwise acquire chemical or biological weapons.
(2) **Countries, projects, or entities receiving assistance** — Paragraph (1) applies in the case of—
(A) any foreign country that the President determines has, at any time after January 1, 1980—
(i) used chemical or biological weapons in violation of international law;
(ii) used lethal chemical or biological weapons against its own nationals; or
(iii) made substantial preparations to engage in the activities described in clause (i) or (ii);
(B) any foreign country whose government is determined for purposes of section 6(j) 1 of the Export Administration Act of 1979 to be a government that has repeatedly provided support for acts of international terrorism; or
(C) any other foreign country, project, or entity designated by the President for purposes of this section.
(3) **Persons against whom s
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Definitions** In this section:
(1) **Covered element of the intelligence community** — The term “covered element of the intelligence community” means an element of the intelligence community that is not an element of the Department of Defense.
(2) **National security satellite** — The term “national security satellite” means a satellite weighing over 400 pounds whose principle purpose is to support the national security or intelligence needs of the United States Government.
(3) **United States** — The term “United States” means the several States, the District of Columbia, and the territories and possessions of the United States.
**(b) Requirement** Beginning January 1, 2021, except as provided in subsection (c), a covered element of the intelligence community may not award a contract for a national security satellite if the satellite uses a star tracker that is not produced in the United States, including with respect to both the software and the hardware of the star tracker.
**(c) Exception** The head of a covered element of the intelligence community may waive the requirement under subsection (b) if, on a case-by-case basis, the head certifies in writing to the congressional intelligence committees that—
(1) there is no available star tracker produced in the United States that meets the mission and design requirements of the national security satellite for which the star tracker will be used;
(2) the cost of a star tracker produced in the United States is unreasonable, based on a market survey; or
(3) such waiver is necessary for the national security interests of the United States based on an urgent and compelling need.
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Federal law — U.S. Code and appendices · legal_authorities
The United States Arms Control and Disarmament Agency is abolished.
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Federal law — U.S. Code and appendices · legal_authorities
### Statutory Notes
Section, Pub. L. 96–72, § 3, Sept. 29, 1979, 93 Stat. 504; Pub. L. 99–64, title I, § 103, July 12, 1985, 99 Stat. 121; Pub. L. 103–199, title II, § 201(b)(2), Dec. 17, 1993, 107 Stat. 2321, set forth policy declarations with respect to the Export Administration Act of 1979.
Section was formerly classified to section 2402 of the former Appendix to this title prior to editorial reclassification and renumbering as this section.
A prior section 2402 of the former Appendix to this title, Pub. L. 91–184, § 3, Dec. 30, 1969, 83 Stat. 841; Pub. L. 92–412, title I, § 103, Aug. 29, 1972, 86 Stat. 644; Pub. L. 93–500, §§ 2, 4(b), (c), 11, Oct. 29, 1974, 88 Stat. 1552, 1553, 1556; Pub. L. 95–52, title I, § 115, title II, § 202, June 22, 1977, 91 Stat. 241, 247, set forth declaration of policy of Congress with respect to the Export Administration Act of 1969, prior to the expiration of Pub. L. 91–184 on Sept. 30, 1979.
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Federal law — U.S. Code and appendices · legal_authorities
As declared by the Congress in the Arms Control and Disarmament Act [[22 U.S.C. 2551](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title22-section2551&num=0&edition=prelim) et seq.], an ultimate goal of the United States continues to be a world which is free from the scourge of war and the dangers and burdens of armaments; in which the use of force has been subordinated to the rule of law; and in which international adjustments to a changing world are achieved peacefully. In furtherance of that goal, it remains the policy of the United States to encourage regional arms control and disarmament agreements and to discourage arms races.
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Imposition of sanctions**
(1) **Determination by the President** — Except as provided in subsection (b)(2), the President shall impose both of the sanctions described in subsection (c) if the President determines that a foreign person, on or after October 28, 1991, has knowingly and materially contributed—
(A) through the export from the United States of any goods or technology that are subject to the jurisdiction of the United States under this chapter, or
(B) through the export from any other country of any goods or technology that would be, if they were United States goods or technology, subject to the jurisdiction of the United States under this chapter,
to the efforts by any foreign country, project, or entity described in paragraph (2) to use, develop, produce, stockpile, or otherwise acquire chemical or biological weapons.
(2) **Countries, projects, or entities receiving assistance** — Paragraph (1) applies in the case of—
(A) any foreign country that the President determines has, at any time after January 1, 1980—
(i) used chemical or biological weapons in violation of international law;
(ii) used lethal chemical or biological weapons against its own nationals; or
(iii) made substantial preparations to engage in the activities described in clause (i) or (ii);
(B) any foreign country whose government is determined for purposes of section 4605(j) 11 See References in Text note below. of this title to be a government that has repeatedly provided support for acts of international terrorism; or
(C) any other foreign country, project, or entity designated by the President for purposes of this section.
(3) **Persons against which sanctions are to be imposed** — Sanctions shall be imposed pursuant to paragraph (1) on—
(A) the
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Federal law — U.S. Code and appendices · legal_authorities
The President of the United States is authorized to designate and empower the head of any department or agency in the executive branch, or any official thereof who is required to be appointed by and with the advice and consent of the Senate, to perform without approval, ratification, or other action by the President (1) any function which is vested in the President by law, or (2) any function which such officer is required or authorized by law to perform only with or subject to the approval, ratification, or other action of the President: Provided, That nothing contained herein shall relieve the President of his responsibility in office for the acts of any such head or other official designated by him to perform such functions. Such designation and authorization shall be in writing, shall be published in the Federal Register, shall be subject to such terms, conditions, and limitations as the President may deem advisable, and shall be revocable at any time by the President in whole or in part.
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Federal law — U.S. Code and appendices · legal_authorities
### Statutory Notes
Section, Pub. L. 96–72, § 2, Sept. 29, 1979, 93 Stat. 503; Pub. L. 99–64, title I, § 102, July 12, 1985, 99 Stat. 120; Pub. L. 103–199, title II, § 201(a), Dec. 17, 1993, 107 Stat. 2320, set forth Congressional findings with respect to the Export Administration Act of 1979.
Section was formerly classified to section 2401 of the former Appendix to this title prior to editorial reclassification and renumbering as this section.
A prior section 2401 of the former Appendix to this title, Pub. L. 91–184, § 2, Dec. 30, 1969, 83 Stat. 841; Pub. L. 92–412, title I, § 102, Aug. 29, 1972, 86 Stat. 644; Pub. L. 93–500, § 4(a), Oct. 29, 1974, 88 Stat. 1553, set forth findings of Congress with respect to the Export Administration Act of 1969, prior to the expiration of Pub. L. 91–184 on Sept. 30, 1979.
#### Short Title of 1985 Amendment
Pub. L. 99–64, § 1, July 12, 1985, 99 Stat. 120, provided that: “Titles I and II of this Act [enacting sections 4051 to 4053 of Title 15, Commerce and Trade, [section 1864 of Title 19](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title19-section1864&num=0&edition=prelim), Customs Duties, and [section 466c of Title 46](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title46-section466c&num=0&edition=prelim), Appendix, Shipping, amending this section and sections 4602 to 4606, 4609, 4610, 4614, 4615 to 4620, and 4622 of this title, sections 5314 and 5315 of Title 5, Government Organization and Employees, sections 2304 and 2778 of Title 22, Foreign Relations and Intercourse, and [section 185 of Title 30](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title30-section185&num=0&edition=prelim), Mineral Lands and Mining, and enacting provisions set out as notes under sections 4604, 4605, and
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