22 U.S.C. § 1261

REMOVAL OF SATELLITES AND RELATED ITEMS FROM THE UNITED STATES MUNITIONS LIST.

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“(a)Repeal.—

[Amended section 1513 of Pub. L. 105–261, set out in a note below.]

“(b)Additional Determination and Report.—Accompanying but separate from the submission to Congress of the first notification after the date of the enactment of this Act [Jan. 2, 2013] under section 38(f) of the Arms Export Control Act (22 U.S.C. 2778(f)) relating to the removal of satellites and related items from the United States Munitions List, the President shall also submit to Congress—“(1) a determination by the President that the removal of such satellites and items from the United States Munitions List is in the national security interests of the United States; and“(2) a report identifying and analyzing any differences between—“(A) the recommendations and draft regulations for controlling the export, re-export, and transfer of such satellites and related items that were submitted in the report to Congress required by section 1248 of the National Defense Authorization Act for Fiscal Year 2010 (Public Law 111–84; 123 Stat. 2546); and“(B) the final regulations under which the export, re-export, and transfer of such satellites and related items would continue to be controlled.“(c)Prohibition.—“(1)In general.—Subject to paragraph (3), no satellites or related items that are made subject to the Export Administration Regulations (15 CFR part 730 et seq.) as a result of the enactment of subsection (a) of this section, whether or not enumerated on the Commerce Control List—“(A) may be exported, re-exported, or transferred, directly or indirectly, to—“(i) any government of a country described in paragraph (2); or“(ii) any entity or person in or acting for or on behalf of such government, entity, or person; or“(B) may be launched in a country described in paragraph (2) or as part of a launch vehicle owned, operated, or manufactured by the government of such country or any entity or person in or acting for or on behalf of such government, entity, or person.“(2)Countries described.—The countries referred to in paragraph (1) are the following:“(A) The People’s Republic of China.“(B) North Korea.“(C) Any country that is a state sponsor of terrorism.“(3)Waiver.—The President may waive the prohibition in paragraph (1) on a case-by-case basis if not later than 30 days before doing so the President—“(A) determines that it is in the national interest of the United States to do so; and“(B) notifies the appropriate congressional committees of such determination.“(d)Presumption of Denial.—Any license or other authorization to export satellites and related items to a country with respect to which the United States maintains a comprehensive arms embargo shall be subject to a presumption of denial.“(e)Report.—“(1)In general.—Not later than one year after the date of the enactment of this Act, and once every two years thereafter, the Director of National Intelligence, in consultation with the Secretary of State, shall submit to the appropriate congressional committees a report on efforts of state sponsors of terrorism, other foreign countries, or entities to illicitly acquire satellites and related items.“(2)Form.—The report required by paragraph (1) shall be submitted in unclassified form, but may contain a classified annex.