Effect of enforcement actions by MTCR adherents
Sanctions set forth in subsection (a) may not be imposed under this section on a person with respect to acts described in such subsection 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, 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—
for any judicial or other enforcement action taken by the MTCR adherent, such action has—
been comprehensive; and
been performed to the satisfaction of the United States; and
with respect to any finding of innocence of wrongdoing, the United States is satisfied with the basis for such finding.
Waiver and report to Congress
In any case other than one in which an advisory opinion has been issued under subsection (d) stating that a proposed activity would not subject a person to sanctions under this section, the President may waive the application of subsection (a) to a foreign person if the President determines that such waiver is essential to the national security of the United States.
In the event that the President decides to apply the waiver described in paragraph (1), the President shall so notify the Committee on Armed Services and the Committee on Foreign Relations of the Senate and the Committee on Armed Services and the Committee on Foreign Affairs of the House of Representatives not less than 45 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.
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—
the product or service is essential to the national security of the United States; and
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.
[Pub. L. 90–629], ch. 7, § 73, as added [Pub. L. 101–510, div. A, title XVII, § 1703], Nov. 5, 1990, [104 Stat. 1746]; amended [Pub. L. 102–138, title III, § 323(a)], Oct. 28, 1991, [105 Stat. 711]; [Pub. L. 103–236, title VII], §§ 714(a)(7), 734(b), Apr. 30, 1994, [108 Stat. 497], 505; [Pub. L. 104–106, div. A, title XIV, § 1408(d)], Feb. 10, 1996, [110 Stat. 494]; [Pub. L. 105–277, div. G], subdiv. A, title XII, § 1225(a)(8), Oct. 21, 1998, [112 Stat. 2681–773]; [Pub. L. 106–113, div. B, § 1000(a)(7) [div. B, title XI, § 1136(b), (c)]], Nov. 29, 1999, [113 Stat. 1536], 1501A–495; [Pub. L. 113–276, title II, § 208(a)(5)], Dec. 18, 2014, [128 Stat. 2993].)