; (II) conspires to or attempts to engage in such export, reexport, or transfer; or (III) facilitates such export, reexport, or transfer by any other person; or (ii) has made a determination with respect to the foreign person under section 73(a) of the Arms Export Control Act. (B) Sanctions The sanctions that apply to a foreign person under subparagraph (A) are the following: (i) If the item involved in the export, reexport, or transfer is within category II of the MTCR Annex, then the President shall deny, for a period of 2 years, licenses for the transfer to such foreign person of missile equipment or technology the transfer of which is controlled under title I. (ii) If the item involved in the export, reexport, or transfer is within category I of the MTCR Annex, then the President shall deny, for a period of not less than 2 years, licenses for the transfer to such foreign person of items the transfer of which is controlled under title I. (2) Inapplicability with respect to MTCR adherents Paragraph (1) does not apply with respect to— (A) any export, reexport, or transfer that is authorized by the laws of an MTCR adherent, if such authorization is not obtained by misrepresentation or fraud