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(2) REEXPORTS OF FOREIGN-MADE ITEMS IN-
CORPORATING U.S. ITEMS.—
(A) COMMODITIES.—(i) Subject to clause
(ii), no authority or permission may be required
under section 105 or 106 to reexport a com-
modity that is produced in a country other than
the United States and incorporates commodities
that are subject to the jurisdiction of the Unit-
ed States, if the value of the controlled United
States content of the commodity produced in
such other country is 25 percent or less of the
total value of the commodity.
(ii) No authority or permission may be re-
quired under section 106 to reexport to a ter-
rorist country, or to a country against which an
embargo described in section 106(f)(1) is in ef-
fect, a commodity that is produced in a country
other than the United States and incorporates
commodities that are subject to the jurisdiction
of the United States, if the value of the con-
trolled United States content of the commodity
produced in such other country is 10 percent or
less of the total value of the commodity.
(iii) For purposes of clause (ii), a ‘‘terror-
ist country’’ is a country with respect to which
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a determination is in effect that was made
under section 106(i)(1)(A) of this Act, or sec-
tion 6(j)(1)(A) of the Export Administration
Act of 1979, that the government of such coun-
try has repeatedly provided support for acts of
international terrorism.
(B) TECHNOLOGY.—(i) No authority or
permission may be required under section 105
to reexport technology that is produced in a
country other than the United States and is
commingled with or drawn from technology that
is produced in the United States, if the value
of the controlled United States content of the
technology produced in such other country is 25
percent or less of the total value of the tech-
nology.
(ii) No authority or permission may be re-
quired under section 106 to reexport technology
that is produced in a country other than the
United States and is commingled with or drawn
from technology that is produced in the United
States, if the value of the controlled United
States content of the technology produced in
such other country is 10 percent or less of the
total value of the technology.
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(C) CONTROLLED
CONTENT.—For pur-
poses of this paragraph, the ‘‘controlled United
States content’’ of a commodity or technology
means those commodities or technology that—
(i) are subject to the jurisdiction of
the United States;
(ii) are incorporated into the commod-
ity or technology; and
(iii) would, at the time of the reex-
port, require a validated license under sec-
tion 105 or 106 if exported from the Unit-
ed States to a country to which the com-
modity or technology is to be reexported.
(D) TREATMENT OF CERTAIN TECHNICAL
DATA.—For purposes of this subsection, tech-
nology and source code used to design or
produce commodities or software produced in a
country other than the United States are not
incorporated into such commodities or software.
(k) EXCEPTIONS FOR MEDICAL AND HUMANITARIAN
PURPOSES.—This title does not authorize controls on—
(1) medicine or medical supplies; or
(2) donations of items that are intended to
meet basic human needs, including food, educational
materials, seeds, hand tools, water resources equip-
202
ment, clothing and shelter materials, and basic
household supplies.
(l) SANCTITY
OF EXISTING CONTRACTS
AND LI-
CENSES.—
(1) IN GENERAL.—The President may not pro-
hibit the export of items under section 105 or 106—
(A) in performance of a contract, agree-
ment, or other contractual commitment entered
into before the effective date of any export con-
trols imposed on such items by this title, or the
date on which the President reports to the Con-
gress the President’s intention to impose con-
trols on the export of such items, whichever
date occurs first, or
(B) under a validated license or other au-
thorization issued under this title before the ef-
fective date of any export controls imposed on
such items by this title, or the date on which
the President reports to the Congress the Presi-
dent’s intention to impose controls on the ex-
port of such items, whichever date occurs first.
(2) EXCEPTION.—The prohibition in paragraph
(1) shall not apply if the President determines and
certifies to the Congress that—
203
(A) a breach of the peace poses a serious
and direct threat to the strategic interest of the
United States;
(B) the prohibition of exports under each
such contract, agreement, commitment, license,
or authorization will be directly instrumental in
remedying the situation posing the direct
threat; and
(C) the export controls will continue only
so long as the direct threat persists.
The authority of the President to make determina-
tions under this paragraph may not be delegated.
(m) PUBLICATION OF ACTIONS.—
(1) DECISIONS
AND
ACTIONS
OF
THE
SEC-
RETARY.—
(A) IN
GENERAL.—The Secretary shall
publish in the Federal Register, to the greatest
extent practicable, actions, procedures, and de-
cisions of the Secretary under this title, taking
into account restrictions on disclosure of classi-
fied or confidential information. The following
determinations of the Secretary shall in every
case be published in the Federal Register, un-
less a private party requested the determination
and asked that it not be published:
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(B) in the case of exports from a country
other than the United States, any goods or
technology that, if exported from the United
States, would be goods or technology described
in subparagraph (A);
(3) the term ‘‘IAEA safeguards’’ means the
safeguards set forth in an agreement between a
country and the International Atomic Energy Agen-
cy, as authorized by Article III(A)(5) of the Statute
of the International Atomic Energy Agency;
(4) the term ‘‘nuclear explosive device’’ means
any device, whether assembled or disassembled, that
is designed to produce an instantaneous release of
an amount of nuclear energy from special nuclear
material that is greater than the amount of energy
that would be released from the detonation of one
pound of trinitrotoluene (TNT);
(5) the term ‘‘non-nuclear-weapon state’’ means
any country which is not a nuclear-weapon state, as
defined by Article IX (3) of the Treaty on the Non-
Proliferation of Nuclear Weapons, signed at Wash-
ington, London, and Moscow on July 1, 1968;
(6) the term ‘‘special nuclear material’’ has the
meaning given that term in section 11 aa. of the
Atomic Energy Act of 1954 (42 U.S.C. 2014aa);