Page:United States Statutes at Large Volume 103 Part 2.djvu/886

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103 STAT. 1896 PUBLIC LAW 101-222—DEC. 12, 1989 policy justification required by that section shall include the information specified in subsection (g)(2)(B) of this section. "(j) CRIMINAL PENALTY.— Any person who willfully violates this section shall be fined for each violation not more than $1,000,000, imprisoned not more than 10 years, or both. "(k) CIVIL PENALTIES; ENFORCEMENT.— In the enforcement of this section, the President is authorized to exercise the same powers concerning violations and enforcement which are conferred upon departments, agencies, and officials by sections 11(c), 11(e), 11(g), and 12(a) of the Export Administration Act of 1979 (subject to the same terms and conditions as are applicable to such powers under that Act), except that, notwithstanding section 11(c) of that Act, the civil penalty for each violation of this section may not exceed $500,000. "(1) DEFINITIONS.—As used in this section— "(1) the term 'munitions item' means any item enumerated on the United States Munitions list (without regard to whether the item is imported into or exported from the United States); "(2) the term 'United States', when used geographically, means the several States, the District of Columbia, the (Dommonwealth of Puerto Rico, the Commonwealth of the Northern Mariana Islands, and any territory or possession of the United States; and "(3) the term 'United States person' means— "(A) any citizen or permanent resident alien of the United States; "(B) any sole proprietorship, partnership, company, association, or corporation having its principal place of business within the United States or organized under the laws of the United States, any State, the District of Colum- bia, the Commonwealth of Puerto Rico, the Commonwealth of the Northern Mariana Islands, or any territory or posses- sion of the United States; "(C) any other person with respect to that person's actions while in the United States; and "(D) to the extent provided in regulations issued by the Secretary of State, any person that is not described in subparagraph (A), (B), or (C) but— "(i) is a foreign subsidiary or affiliate of a United States person described in subparagraph (B) and is controlled in fact by that United States person (as determined in accordance with those regulations), or "(ii) is otherwise subject to the jurisdiction of the United States, with respect to that person's actions while outside the United States.", (b) CONFORMING AMENDMENT.— Section 3(f) of the Arms Export Control Act (22 U.S.C. 2753(f)) is repealed. SEC. 3. CONSIDERATIONS IN ISSUANCE OF ARMS EXPORT LICENSES AND IN ARMS SALES. (a) EXPORT LICENSES.— Section 38(a)(2) of the Arms Export Control Act (22 U.S.C. 2778) is amended by inserting "support international terrorism," after "arms race,". (b) ARMS SALES.— Section 36(b)(l)(D) of that Act (22 U.S.C. 2776(b)(l)(D)) is amended— (1) by redesignating clauses (ii) through (iv) as clauses (iii) through (v), respectively; and