Limitation on adversary partnerships
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(a) In general (1) Limitation Except as provided for under subsections (b) or (c), beginning on the date of enactment of this Act, it shall be unlawful for any covered person, or person knowingly engaging in a transaction with or on behalf of a covered person, to enter into any joint venture, licensing agreement, technology partnership, or other comparable contractual arrangement with a company that produces, designs, or otherwise controls covered foreign adversary light detection and ranging technology for the purpose of— (A) manufacturing, assembling, or developing light detection and ranging technology that is or is derivative of covered foreign adversary light detection and ranging technology for use in the United States; (B) licensing intellectual property of a covered foreign adversary light detection and ranging technology for use in products intended to be used in the United States; or (C) facilitating the design, production, or deployment of light detection and ranging technology for use in the United States. (2) Rule of construction The limitation described in paragraph (1) shall not be interpreted to limit ventures, agreements, partnerships, or other arrangements that involve the use of covered foreign adversary light detection and ranging technology in the United States for research purposes, or in connection with the development, manufacturing, or assembly of products that are intended for export and that will not be sold or leased in the United States. (b) Exception Notwithstanding subsection (a), a person, including a covered person, is permitted to— (1) engage in a transaction and enter into an agreement that results in an adversary affiliation termination event with respect to a covered foreign adversary light detection and ranging technology; and (2) fulfill any existing responsibilities or obligations under any joint venture, licensing agreement, technology partnership, or other comparable contractual arrangement established prior to the date of enactment of this Act, except in the case of such a venture, agreement, partnership, or other arrangement that was entered into with the intent of frustrating a material purpose of this Act. (c) Presumption A joint venture, licensing agreement, technology partnership, or other comparable contractual arrangement described under subsection (a)(1) shall be presumed to be intended to frustrate a material purpose of this Act if entered into during the 180-day period immediately preceding the date of enactment of this Act, except as otherwise demonstrated by a preponderance of the evidence.