Page:United States Statutes at Large Volume 105 Part 2.djvu/299

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PUBLIC LAW 102-182—DEC. 4, 1991 105 STAT. 1251 assisted in the activities which were the basis of that determination; and "(D) any foreign person that is an afflHate of that foreign person if that affiliate knowingly assisted in the activities which were the basis of that determination and if that affiliate is controlled in fact by that foreign person. "Qa) CONSULTATIONS WITH AND ACTIONS BY FOREIGN GOVERNMENT OF JURISDICTION. — "(1) CONSULTATIONS.— I f the President makes the determinations described in subsection (a)(1) with respect to a foreign person, the Congress urges the President to initiate consultations immediately with the government with primary jurisdiction over that foreign person with respect to the imposition of sanctions pursuant to this section. "(2) ACTIONS BY GOVERNMENT OF JURISDICTION.— In order to pursue such consultations with that government, the President may delay imposition of sanctions pursuant to this section for a period of up to 90 days. Following these consultations, the President shall impose sanctions unless the President determines and certifies to the Congress that that government has taken specific and effective actions, including appropriate penalties, to terminate the involvement of the foreign person in the activities described in subsection (a)(1). The President may delay imposition of sanctions for an additional period of up to 90 days if the President determines and certifies to the Congress that that government is in the process of taking the actions described in the preceding sentence. "(3) REPORT TO CONGRESS.— The President shall report to the Congress, not later than 90 days after making a determination under subsection (a)(1), on the status of consultations with the appropriate government under this subsection, and the basis for any determination under paragraph (2) of this subsection that such government has taken specific corrective actions. "(c) SANCTIONS. — "(1) DESCRIPTION OF SANCTIONS. — The sanctions to be imposed pursuant to subsection (a)(1) are, except as provided in paragraph (2) of this subsection, the following: "(A) PROCUREMENT SANCTION. —The United States Government shall not procure, or enter into any contract for the procurement of, any goods or services from any person described in subsection (a)(3). "(B) IMPORT SANCTIONS. — The importation into the United States of products produced by any person described in subsection (a)(3) shall be prohibited. "(2) EXCEPTIONS. —The President shall not be required to apply or maintain sanctions under this section— "(A) in the case of procurement of defense articles or defense services— "(i) under existing contracts or subcontracts, including the exercise of options for production quantities to satisfy United States operational military requirements; "(ii) if the President determines that the person or other entity to which the sanctions would otherwise be applied is a sole source supplier of the defense articles or services, that the defense articles or services are