If, after friendly consultations with the
PRC, the U.S. determines that there is clear evidence that the provisions of
this Agreement have been violated, the U.S. reserves its right to take any
action permitted under U.S. laws and regulations, taking into account the harm
caused to U.S. interests under the agreement. The U.S. shall seek to avoid
actions inconsistent with this Agreement.
With regard to export licenses, any
applications for a U.S. export license will be reviewed on a case-by-case basis
consistent with U.S. laws and regulations. Nothing in this Agreement shall be
construed to mean that the U.S. is constrained from taking any appropriate
action with respect to any U.S. export license, consistent with U.S. laws and
regulations. Nevertheless, the U.S. will do its utmost to assure, consistent
with U.S. laws and regulations, continuity of issued license(s) and the
completion of the transactions covered in such license(s).