Iran Nonproliferation Act of 2000
(March 1, 2000)
In September 1999, the House of Representatives passed H.R.1883 - the Iran Nonproliferation Act - to enhance Congressional
oversight of weapons proliferation to Iran by requiring the President to
report on all foreign entities that transferred goods to Iran that could contribute to the development of nuclear, biological, or chemical weapons, or ballistic or cruise
missile systems. The measure was sponsored by Rep. Benjamin Gilman [R-NY] and had 229 cosponsors. The bill passed the Senate February 24, 2000 by a vote of 98-0. The House passed a final version on March 1, 2000, and President George W. Bush signed the bill into law (Public Law 106-178) on March 14, 2000.
H.R.1883
An Act
To provide for the application of measures to foreign
persons who transfer to Iran certain goods, services, or technology,
and for other purposes.
Be it enacted by the Senate and House of Representatives
of the United States of America in Congress assembled,
SECTION 1. SHORT
TITLE.
This Act may be cited as the `Iran Nonproliferation
Act of 2000'.
SEC. 2. REPORTS ON
PROLIFERATION TO IRAN .
(a) REPORTS- The President shall, at the times specified
in subsection (b)submit to the Committee on International Relations
of the House of Representatives and the Committee on Foreign Relations
of the Senate a report identifying every foreign person with respect
to whom there is credible information indicating that that person,
on or after January 1, 1999, transferred to Iran
(1) goods, services, or technology listed on
(A) the Nuclear Suppliers Group Guidelines for
the Export of Nuclear Material, Equipment and Technology (published
by the International Atomic Energy Agency as Information Circular
INFCIRC/254/Rev.3/Part 1, and subsequent revisions) and Guidelines
for Transfers of Nuclear-Related Dual-Use Equipment, Material,
and Related Technology (published by the International Atomic
Energy Agency as Information Circular INFCIRC/254/Rev.3/Part 2,
and subsequent revisions);
(B) the Missile Technology Control Regime Equipment
and Technology Annex of June 11, 1996, and subsequent revisions;
(C) the lists of items and substances relating
to biological and chemical weapons the export of which is controlled
by the Australia Group;
(D) the Schedule One or Schedule Two list of
toxic chemicals and precursors the export of which is controlled
pursuant to the Convention on the Prohibition of the Development,
Production, Stockpiling and Use of Chemical Weapons and on Their
Destruction; or
(E) the Wassenaar Arrangement list of Dual Use
Goods and Technologies and Munitions list of July 12, 1996, and
subsequent revisions; or (2) goods, services, or technology not
listed on any list identified in paragraph (1) but which nevertheless
would be, if they were United States goods, services, or technology,
prohibited for export to Iran because of their potential to make
a material contribution to the development of nuclear, biological,
or chemical weapons, or of ballistic or cruise missile systems.
(b) TIMING OF REPORTS- The reports under subsection (a) shall
be submitted not later than 90 days after the date of the enactment
of this Act, not later than 6 months after such date of enactment,
and not later than the end of each 6-month period thereafter.
(c) EXCEPTIONS- Any foreign person who
(1) was identified in a previous report submitted
under subsection (a) on account of a particular transfer; or
(2) has engaged in a transfer on behalf of,
or in concert with, the Government of the United States,
is not required to be identified on account of
that same transfer in any report submitted thereafter under this
section, except to the degree that new information has emerged indicating
that the particular transfer may have continued, or been larger,
more significant, or different in nature than previously reported
under this section.
(d) SUBMISSION IN CLASSIFIED FORM- When the President
considers it appropriate, reports submitted under subsection (a),
or appropriate parts thereof, may be submitted in classified form.
SEC. 3. APPLICATION
OF MEASURES TO CERTAIN FOREIGN PERSONS.
(a) APPLICATION OF MEASURES- Subject to sections
4 and 5, the President is authorized to apply with respect to each
foreign person identified in a report submitted pursuant to section
2(a), for such period of time as he may determine, any or all of the
measures described in subsection (b).
(b) DESCRIPTION OF MEASURES- The measures referred
to in subsection (a) are the following:
(1) EXECUTIVE ORDER NO. 12938 PROHIBITIONS- The
measuresset forth in subsections (b) and (c) of section 4 of Executive
Order No. 12938.
(2) ARMS EXPORT PROHIBITION- Prohibition on United
States Government sales to that foreign person of any item on the
United States Munitions List as in effect on August 8, 1995, and
termination of sales to that person of any defense articles, defense
services, or design and construction services under the Arms Export
Control Act.
(3) DUAL USE EXPORT PROHIBITION- Denial of licenses
and suspension of existing licenses for the transfer to that person
of items the export of which is controlled under the Export Administration
Act of 1979 or the Export Administration Regulations.
(c) EFFECTIVE DATE OF MEASURES- Measures applied
pursuant to subsection (a) shall be effective with respect to a foreign
person no later than--
(1) 90 days after the report identifying the foreign
person is submitted, if the report is submitted on or before the
date required by section 2(b);
(2) 90 days after the date required by section
2(b) for submitting the report, if the report identifying the foreign
person is submitted within 60 days after that date; or
(3) on the date that the report identifying the
foreign person is submitted, if that report is submitted more than
60 days after the date required by section 2(b).
(d) PUBLICATION IN FEDERAL REGISTER- The application
of measures to a foreign person pursuant to subsection (a) shall be
announced by notice published in the Federal Register.
SEC. 4. PROCEDURES
IF MEASURES ARE NOT APPLIED.
(a) REQUIREMENT TO NOTIFY CONGRESS- Should the President
not exercise the authority of section 3(a) to apply any or all of
the measures described in section 3(b) with respect to a foreign person
identified in a report submitted pursuant to section 2(a), he shall
so notify the Committee on International Relations of the House of
Representatives and the Committee on Foreign Relations of the Senate
no later than the effective date under section 3(c) for measures with
respect to that person.
(b) WRITTEN JUSTIFICATION- Any notification submitted
by the President under subsection (a) shall include a written justification
describing in detail the facts and circumstances relating specifically
to the foreign person identified in a report submitted pursuant to
section 2(a) that support the President's decision not to exercise
the authority of section 3(a) with respect to that person.
(c) SUBMISSION IN CLASSIFIED FORM- When the President
considers it appropriate, the notificatio n of the President under
subsection (a), and the written justification under subsection (b),
or appropriate parts thereof, may be submitted in classified form.
SEC. 5. DETERMINATION
EXEMPTING FOREIGN PERSON FROM SECTIONS 3 AND 4.
(a) IN GENERAL- Sections 3 and 4 shall not apply
to a foreign person 15 days after the President reports to the Committee
on International Relations of the House of Representatives and the
Committee on Foreign Relations of the Senate that the President has
determined, on the basis of information provided by that person, or
otherwise obtained by the President, that--
(1) the person did not, on or after January 1,
1999, knowingly transfer to Iran the goods, services, or technology
the apparent transfer of which caused that person to be identified
in a report submitted pursuant to section 2(a);
(2) the goods, services, or technology the transfer
of which caused that person to be identified in a report submitted
pursuant to section 2(a) did not materially contribute to Iran's
efforts to develop nuclear, biological, or chemical weapons, or
ballistic or cruise missile systems;
(3) the person is subject to the primary jurisdiction
of a government that is an adherent to one or more relevant nonproliferation
regimes, the person was identified in a report submitted pursuant
to section 2(a) with respect to a transfer of goods, services, or
technology described in section 2(a)(1), and such transfer was made
consistent with the guidelines and parameters of all such relevant
regimes of which such government is an adherent; or
(4) the government with primary jurisdiction over
the person has imposed meaningful penalties on that person on account
of the transfer of the goods, services, or technology which caused
that person to be identified in a report submitted pursuant to section
2(a).
(b) OPPORTUNITY TO PROVIDE INFORMATION- Congress
urges the President--
(1) in every appropriate case, to contact in a
timely fashion each foreign person identified in each report submitted
pursuant to section 2(a), or the government with primary jurisdiction
over such person, in order to afford such person, or governments,
the opportunity to provide explanatory, exculpatory, or other additional
information with respect to the transfer that caused such person
to be identified in a report submitted pursuant to section 2(a);
and
(2) to exercise the authority in subsection (a)
in all cases where information obtained from a foreign person identified
in a report submitted pursuant to section 2(a), or from the government
with primary jurisdiction over such person, establishes that the
exercise of such authority is warranted.
(c) SUBMISSION IN CLASSIFIED FORM- When the President
considers it appropriate, the determination and report of the President
under subsection (a), or appropriate parts thereof, may be submitted
in classified form.
SEC. 6. RESTRICTION
ON EXTRAORDINARY PAYMENTS IN CONNECTION WITH THE INTERNATIONAL SPACE
STATION.
(a) RESTRICTION ON EXTRAORDINARY PAYMENTS IN CONNECTION
WITH THE INTERNATIONAL SPACE STATION- Notwithstanding any other provision
of law, no agency of the United States Government may make extraordinary
payments in connection with the International Space Station to the
Russian Aviation and Space Agency, any organization or entity under
the jurisdiction or control of the Russian Aviation and Space Agency,
or any other organization, entity, or element of the Government of
the Russian Federation, unless, during the fiscal year in which the
extraordinary payments in connection with the International Space
Station are to be made, the President has made the determination described
in subsection (b), and reported such determination to the Committee
on International Relations and the Committee on Science of the House
of Representatives and the Committee on Foreign Relations and the
Committee on Commerce, Science, and Transportation of the Senate.
(b) DETERMINATION REGARDING RUSSIAN COOPERATION
IN PREVENTING PROLIFERATION TO IRAN - The determination referred to
in subsection (a) is a determination by the President that--
(1) it is the policy of the Government of the Russian
Federation to oppose the proliferation to Iran of weapons of mass
destruction and missile systems capable of delivering such weapons;
(2) the Government of the Russian Federation (including
the law enforcement, export promotion, export control, and intelligence
agencies of such government) has demonstrated and continues to demonstrate
a sustained commitment to seek out and prevent the transfer to Iran
of goods, services, and technology that could make a material contribution
to the development of nuclear, biological, or chemical weapons,
or of ballistic or cruise missile systems; and
(3) neither the Russian Aviation and Space Agency,
nor any organization or entity under the jurisdiction or control
of the Russian Aviation and Space Agency, has, during the 1-year
period prior to the date of the determination pursuant to this subsection,
made transfers to Iran reportable under section 2(a) of this Act
(other than transfers with respect to which a determination pursuant
to section 5 has been or will be made).
(c) PRIOR NOTIFICATION- Not less than 5 days before
making a determination under subsection (b), the President shall notify
the Committee on International Relations and the Committee on Science
of the House of Representatives and the Committee on Foreign Relations
and the Committee on Commerce, Science, and Transportation of the
Senate of his intention to make such determination.
(d) WRITTEN JUSTIFICATION- A determination of the
President under subsection (b) shall include a written justification
describing in detail the facts and circumstances supporting the President's
conclusion.
(e) SUBMISSION IN CLASSIFIED FORM- When the President
considers it appropriate, a determination of the President under subsection
(b), a prior notification under subsection (c), and a written justification
under subsection (d), or appropriate parts thereof, may be submitted
in classified form.
(f) EXCEPTION FOR CREW SAFETY-
(1) EXCEPTION- The Nationa l Aeronautics and Space
Administration may make extraordinary payments that would otherwise
be prohibited under this section to the Russian Aviation and Space
Agency or any organization or entity under the jurisdiction or control
of the Russian Aviation and Space Agency if the President has notified
the Congress in writing that such payments are necessary to prevent
the imminent loss of life by or grievous injury to individuals aboard
the International Space Station.
(2) REPORT- Not later than 30 days after notifying
Congress that the National Aeronautics and Space Administration
will make extraordinary payments under paragraph (1), the President
shall submit to Congress a report describing--
(A) the extent to which the provisions of subsection
(b) had been met as of the date of notification; and
(B) the measures that the National Aeronautics
and Space Administration is taking to ensure that--
(i) the conditions posing a threat of imminent
loss of life by or grievous injury to individuals aboard the
International Space Station necessitating the extraordinary
payments are not repeated; and
(ii) it is no longer necessary to make extraordinary
payments in order to prevent imminent loss of life by or grievous
injury to individuals aboard the International Space Station.
(g) SERVICE MODULE EXCEPTION- (1) The National Aeronautics
and Space Administration may make extraordinary payments that would
otherwise be prohibited under this section to the Russian Aviation
and Space Agency, any organization or entity under the jurisdiction
or control of the Russian Aviation and Space Agency, or any subcontractor
thereof for the construction, testing, preparation, delivery, launch,
or maintenance of the Service Module, and for the purchase (at a total
cost not to exceed $14,000,000) of the pressure dome for the Interim
Control Module and the Androgynous Peripheral Docking Adapter and
related hardware for the United States propulsion module, if--
(A) the President has notified Congress at least
5 days before making such payments;
(B) no report has been made under section 2 with
respect to an activity of the entity to receive such payment, and
the President has no credible information of any activity that would
require such a report; and
(C) the United States will receive goods or services
of value to the United States commensurate with the value of the
extraordinary payments made.
(2) For purposes of this subsection, the term `maintenance'
means activities which cannot be performed by the National Aeronautics
and Space Administration and which must be performed in order for
the Service Module to provide environmental control, life support,
and orbital maintenance functions which cannot be performed by an
alternative means at the time of payment.
(3) This subsection shall cease to be effective
60 days after a United States propulsion module is in place at the
International Space Station.
(h) EXCEPTION- Notwithstanding subsections (a) and
(b), no agency of the United States Government may make extraordinary
payments in connection with the International Space Station to any
foreign person subject to measures applied pursuant to--
(1) section 3 of this Act; or
(2) section 4 of Executive Order No. 12938 (November
14, 1994), as amended by Executive Order No. 13094 (July 28, 1998).
Such payments shall also not be made to any other entity if the
agency of the United States Government anticipates that such payments
will be passed on to such a foreign person.
SEC. 7. DEFINITIONS.
For purposes of this Act, the following terms have
the following meanings:
(1) EXTRAORDINARY PAYMENTS IN CONNECTION WITH THE
INTERNATIONAL SPACE STATION- The term `extraordinary payments in connection
with the International Space Station' means payments in cash or in
kind made or to be made by the United States Government--
(A) for work on the International Space Station
which the Russian Government pledged at any time to provide at its
expense; or
(B) for work on the International Space Station,
or for the purchase of goods or services relating to human space
flight, that are not required to be made under the terms of a contract
or other agreement that was in effect on January 1, 1999, as those
terms were in effect on such date.
(2) FOREIGN PERSON; PERSON- The terms `foreign person'
and `person' mean--
(A) a natural person that is an alien;
(B) a corporation, business association, partnership,
society, trust, or any other nongovernmental entity, organization,
or group, that is organized under the laws of a foreign country
or has its principal place of business in a foreign country;
(C) any foreign governmental entity operating
as a business enterprise; and
(D) any successor, subunit, or subsidiary of any
entity described in subparagraph (B) or (C).
(3) EXECUTIVE ORDER NO. 12938- The term `Executive
Order No. 12938' means Executive Order No. 12938 as in effect on January
1, 1999.
(4) ADHERENT TO RELEVANT NONPROLIFERATION REGIME-
A government is an `adherent' to a `relevant nonproliferation regime'
if that government--
(A) is a member of the Nuclear Suppliers Group
with respect to a transfer of goods, services, or technology described
in section 2(a)(1)(A);
(B) is a member of the Missile Technology Control
Regime with respect to a transfer of goods, services, or technology
described in section 2(a)(1)(B), or is a party to a bind ing international
agreement with the United States that was in effect on January 1,
1999, to control the transfer of such goods, services, or technology
in accordance with the criteria and standards set forth in the Missile
Technology Control Regime;
(C) is a member of the Australia Group with respect
to a transfer of goods, services, or technology described in section
2(a)(1)(C);
(D) is a party to the Convention on the Prohibition
of the Development, Production, Stockpiling and Use of Chemical
Weapons and on Their Destruction with respect to a transfer of goods,
services, or technology described in section 2(a)(1)(D); or
(E) is a member of the Wassenaar Arrangement with
respect to a transfer of goods, services, or technology described
in section 2(a)(1)(E).
(5) ORGANIZATION OR ENTITY UNDER THE JURISDICTION
OR CONTROL OF THE RUSSIAN AVIATION AND SPACE AGENCY-
(A) The term `organization or entity under the
jurisdiction or control of the Russian Aviation and Space Agency'
means an organization or entity that--
(i) was made part of the Russian Space Agency
upon its establishment on February 25, 1992;
(ii) was transferred to the Russian Space Agency
by decree of the Russian Government on July 25, 1994, or May 12,
1998;
(iii) was or is transferred to the Russian Aviation
and Space Agency or Russian Space Agency by decree of the Russian
Government at any other time before, on, or after the date of
the enactment of this Act; or
(iv) is a joint stock company in which the Russian
Aviation and Space Agency or Russian Space Agency has at any time
held controlling interest.
(B) Any organization or entity described in subparagraph
(A) shall be deemed to be under the jurisdiction or control of the
Russian Aviation and Space Agency regardless of whether--
(i) such organization or entity, after being
part of or transferred to the Russian Aviation and Space Agency
or Russian Space Agency, is removed from or transferred out of
the Russian Aviation and Space Agency or Russian Space Agency;
or
(ii) the Russian Aviation and Space Age ncy
or Russian Space Agency, after holding a controlling interest
in such organization or entity, divests its controlling interest.
Speaker of the House of Representatives.
Vice President of the United States and
President of the Senate.
Sources: Library of Congress |