Page:United States Statutes at Large Volume 102 Part 2.djvu/361

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PUBLIC LAW 100-000—MMMM. DD, 1988

PUBLIC LAW 100-418—AUG. 23, 1988

102 STAT. 1365

SEC. 2443. MANDATORY SANCTIONS AGAINST TOSHIBA AND KONGSBERG. (a) SANCTIONS AGAINST TOSHIBA MACHINE COMPANY, KONGSBERG TRADING COMPANY, AND CERTAIN OTHER FOREIGN PERSONS,—(1) The

President shall impose, for a period of 3 years— (1) a prohibition on contracting with, and procurement of products and services from— (A) Toshiba Machine Compginy and Kongsberg Trading Company, and (B) any other foreign person whom the President finds to have knowingly facilitated the diversion of advanced milling machinery by Toshiba Machine Company and Kongsberg Trading Company to the Soviet Union, by any department, agency, or instrumentality of the United States Government; and (2) a prohibition on the importation into the United States of all products produced by Toshiba Machine Company, Kongsberg Trading Company, and any foreign person described in paragraph (I)(B).

President of U.S. Contracts. 50 USC app. 2401a note.

Qo) SANCTIONS AGAINST TOSHIBA CORPORATION AND KONGSBERG

VAAPENFABRIKK.—The President shall impose, for a period of 3 years, a prohibition on contracting with, and procurement of products and services from, the Toshiba Corporation and Kongsberg Vaapenfabrikk, by any department, agency, or instrumentality of the United States Government. (c) EJxcEPTiONS.—The President shall not apply sanctions under this section— (1) in the case of procurement of defense articles or defense services— (A) under existing contracts or subcontracts, including exercise of options for production quantities to satisfy United States operational military requirements; (B) if the President determines that the company or foreign person to whom the sanctions would otherwise be applied is a sole source supplier of essential defense articles or services and no alternative supplier can be identified; or (C) if the President determines that such articles or services are essential to the national security under defense coproduction agreements; or (2)to(A) products or services provided under contracts or other binding agreements (as such terms are defined by the President in r^ulations) entered into before June 30, 1987; (B) spare parts; (C) component parts, but not finished products, essential to United States products or production; (D) routine servicing and maintenance of products; or (E) information and technology. (d) DEFINITIONS.—For purposes of this section— (1) the term "component part" means any article which is not usable for its intended functions without being imbedded or i n t ^ r a t e d into any other product and which, if used in production of a finished product, would be substantially transformed in that process; (2) the term "finished product" means any article which is usable for its intended functions without being imbedded in or i n t ^ r a t e d into any other product, but in no case shall such

Defense and national security.

Science and technology.