; or (ii) conspires to or attempts to engage in such export, reexport, or transfer. (B) Sanctions The sanctions that apply to a United States person under subparagraph (A) are the following: (i) If the item on the MTCR Annex involved in the export, reexport, or transfer is missile equipment or technology within category II of the MTCR Annex, then the President shall deny to such United States person, for a period of 2 years, licenses for the transfer of missile equipment or technology controlled under title I. (ii) If the item on the MTCR Annex involved in the export, reexport, or transfer is missile equipment or technology within category I of the MTCR Annex, then the President shall deny to such United States person, for a period of not less than 2 years, all licenses for items the transfer of which is controlled under title I. (2) Discretionary sanctions In the case of any determination referred to in paragraph (1), the President may pursue any other appropriate penalties under section 109 of this Act. (3) Waiver The President may waive the imposition of sanctions under paragraph (1) on a person with respect to a product or service if the President certifies to the Congress that— (A) the product or service is essential to the national security of the United States