Page:United States Statutes at Large Volume 99 Part 1.djvu/165

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PUBLIC LAW 99-000—MMMM. DD, 1985

PUBLIC LAW 99-64—JULY 12, 1985

99 STAT. 143

Secretary shall notify the applicant, pursuant to subsection (o)(l)(C), that additional time is required to consider the application, and such department or agency shall have additional time to consider the application within the limits permitted by subsection (o)(2). If such department or agency does not submit its recommendations within the time periods permitted under subsection (o), it shall be deemed by the Secretary to have no objection to the approval of such application.". (4) ACTION BY THE SECRETARY.—Section 10(f) is amended in

paragraphs (1) and (4) by adding at the end of each such paragraph the following: "The provisions of this paragraph shall not apply in the case of exports described in subsection (o).".

50 USC app.

2409.

(c) RIGHT OF APPLICANT TO RESPOND TO NEGATIVE RECOMMENDA-

TIONS.—Section 10(fK2) is amended— (1) by inserting "in writing" after "inform the applicant"; and (2) by striking out ", and shall accord" and all that follows through the end of the paragraph and inserting in lieu thereof the following: ". Before a final determination with respect to the application is made, the applicant shall be entitled— (A) to respond in writing to such questions, considerations, or recommendations within 30 days after receipt of such information from the Secretary; and "(B) upon the filing of a written request with the Secretary within 15 days after the receipt of such information, to respond in person to the department or agency raising such questions, considerations, or recommendations. The provisions of this paragraph shall not apply in the case of exports described in subsection (o).". (d) RIGHTS OF APPLICANT WITH RESPECT TO PROPOSED DENIAL.—

Section 10(f)(3) is amended by striking out the first sentence and inserting in lieu thereof the following: In cases where the Secretary has determined that an application should be denied, the applicant shall be informed in writing, within 5 days after such determination is made, of— "(A) the determination, "(B) the statutory basis for the proposed denial, "(C) the policies set forth in section 3 of this Act which would 50 USC app. be furthered by the proposed denial, 2402. "(D) what if any modifications in or restrictions on the goods or technology for which the license was sought would allow such export to be compatible with export controls imposed under this Act, "(E) which officers and employees of the Department of Commerce who are familiar with the application will be made reasonably available to the applicant for considerations with regard to such modifications or restrictions, if appropriate, '(F) to the extent consistent with the national security and foreign policy of the United States, the specific considerations which led to the determination to deny the application, and "(G) the availability of appeal procedures. The Secretary shall allow the applicant at least 30 days to respond to the Secretary's determination before the license application is denied.". (e) ADDITIONAL PROVISIONS.—Section 10 is amended—

(1) in the section heading by adding "; OTHER INQUIRIES" after "APPLICATIONS"; and