; or (B) any export, reexport, or transfer of an item to an end user in a country that is an MTCR adherent. (3) Effect of enforcement actions by MTCR adherents Sanctions set forth in paragraph (1) may not be imposed under this subsection on a person with respect to acts described in such paragraph or, if such sanctions are in effect against a person on account of such acts, such sanctions shall be terminated, if an MTCR adherent is taking judicial or other enforcement action against that person with respect to such acts, or that person has been found by the government of an MTCR adherent to be innocent of wrongdoing with respect to such acts. (4) Waiver and report to Congress (A) Waiver authority The President may waive the application of paragraph (1) to a foreign person if the President determines that such waiver is essential to the national security of the United States. (B) Notification and report to Congress In the event that the President decides to apply the waiver described in subparagraph (A), the President shall so notify the appropriate congressional committees not less than 20 working days before issuing the waiver. Such notification shall include a report fully articulating the rationale and circumstances which led the President to apply the waiver. (5) Additional 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 appropriate congressional committees that— (A) the product or service is essential to the national security of the United States