Page:United States Statutes at Large Volume 108 Part 1.djvu/535

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PUBLIC LAW 103-236—APR. 30, 1994 108 STAT. 509 (A) the foreign person or United States person with respect to which the President makes the determination described in that paragraph; (B) any successor entity to that foreign person or United States person; (C) any foreign person or United States person that is a parent or subsidiary of that person if that parent or subsidiary materially and with requisite knowledge assisted in the activities which were the basis of that determination; and (D) any foreign person or United States person that is an affiliate of that person if that afiiliate materially and with requisite knowledge assisted in the activities which were the basis of that determination and if that affiliate is controlled in fact by that person. (3) OTHER SANCTIONS AVAILABLE. —The sanction which is required to be imposed for activities described in this subsection is in addition to any other sanction which may be imposed for the same activities under any other provision of law. (4) DEFINITION.— For purposes of this subsection, the term requisite knowledge" means situations in which a person "knows", as "knowing" is defined in section 104 of the Foreign Corrupt Practices Act of 1977 (15 U.S.C. 78dd-2). (b) CONSULTATION WITH AND ACTIONS BY FOREIGN GOVERN- MENT OF JURISDICTION.— (1) CONSULTATIONS.— I f the President makes a determination 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 the sanction 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 the sanction pursuant to this section for up to 90 days. Following these consultations, the President shall impose the sanction unless the President determines and certifies in writing 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)(D. The President may delay the imposition of the sanction for up to an additional 90 days if the President determines and certifies in writing to the Congress that that government is in the process of taking the actions described in the preceding sentence. (3) REPORT TO CONGRESS.—Not later than 90 days after making a determination under subsection (a)(1), the President shall submit to the Committee on Foreign Relations and the Committee on Governmental Affairs of the Senate and the Committee on Foreign Affairs of the House of Representatives a report 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) SANCTION. — (1) DESCRIPTION OF SANCTION. —The sanction to be imposed pursuant to subsection (a)(1) is, except as provided in paragraph President. President.