112 STAT. 2176 PUBLIC LAW 105-261—OCT. 17, 1998 (3) MANDATORY LICENSES FOR CRASH-INVESTIGATIONS. — In the event of the failure of a launch from a foreign country of a satellite of United States origin— (A) the activities of United States persons or entities in connection with any subsequent investigation of the failure are subject to the controls established under section 38 of the Arms Export Control Act, including requirements for licenses issued by the Secretary of State for participation in that investigation; (B) officials of the Department of Defense shall monitor all activities associated with the investigation to insure against unauthorized transfer of technical data or services; and (C) the Secretary of Defense shall establish and implement a technology transfer control plan for the conduct of the investigation to prevent the transfer of information that could be used by the foreign country to improve its missile or space launch capabilities. (4) MANDATORY NOTIFICATION AND CERTIFICATION. —All technology transfer control plans for satellites or related items shall require any United States person or entity involved in the export of a satellite of United States origin or related items to notify the Department of Defense in advance of all meetings and interactions with any foreign person or entity providing launch services and require the United States person or entity to certify after the launch that it has complied with this notification requirement. (5) MANDATORY INTELLIGENCE COMMUNITY REVIEW.— The Secretary of Commerce and the Secretary of State shall provide to the Secretary of Defense and the Director of Central Intelligence copies of all export license applications and technical assistance agreements submitted for approval in connection with launches in foreign countries of satellites to verify the legitimacy of the stated end-user or end-users. (6) MANDATORY SHARING OF APPROVED LICENSES AND AGREEMENTS.— The Secretary of State shall provide copies of all approved export licenses and technical assistance agreements associated with launches in foreign countries of satellites to the Secretaries of Defense and Energy, the Director of Central Intelligence, and the Director of the Arms Control and Disarmament Agency. (7) MANDATORY NOTIFICATION TO CONGRESS ON LICENSES.— Upon issuing a license for the export of a satellite or related items for launch in a foreign country, the head of the department or agency issuing the license shall so notify Congress. (8) MANDATORY REPORTING ON MONITORING ACTIVITIES. — The Secretary of Defense shall provide to Congress an annual report on the monitoring of all launches in foreign countries of satellites of United States origin. (9) ESTABLISHING SAFEGUARDS PROGRAM.— The Secretary of Defense shall establish a program for recruiting, training, and maintaining a staff dedicated to monitoring launches in foreign countries of satellites and related items of United States origin. (b) EXCEPTION. —This section shall not apply to the export of a satellite or related items for launch in, or by nationals of.
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