[106th Congress Public Law 178]
[From the U.S. Government Printing Office]
<DOC>
[DOCID: f:publ178.106]
[[Page 114 STAT. 38]]
Public Law 106-178
106th Congress
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. <<NOTE: Mar. 14, 2000 - [H.R. 1883]>>
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled, <<NOTE: Iran
Nonproliferation Act of 2000. Arms and munitions. Weapons.>>
SECTION 1. SHORT TITLE. <<NOTE: 50 USC 1701 note.>>
This Act may be cited as the ``Iran Nonproliferation Act of 2000''.
SEC. 2. REPORTS ON PROLIFERATION TO IRAN. <<NOTE: President.>>
(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,
[[Page 114 STAT. 39]]
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 <<NOTE: Deadline.>> 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 measures
set 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).
[[Page 114 STAT. 40]]
(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 notification 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--
[[Page 114 STAT. 41]]
(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 <<NOTE: Russian Federation. President.>> 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
[[Page 114 STAT. 42]]
which a determination pursuant to section 5 has been or will be
made).
(c) Prior Notification.--Not <<NOTE: Deadline.>> 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 National 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 <<NOTE: Deadline.>> 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;
[[Page 114 STAT. 43]]
(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) <<NOTE: Termination date.>> 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).
[[Page 114 STAT. 44]]
(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 binding 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
[[Page 114 STAT. 45]]
(ii) the Russian Aviation and Space Agency or
Russian Space Agency, after holding a controlling
interest in such organization or entity, divests its
controlling interest.
Approved March 14, 2000.
LEGISLATIVE HISTORY--H.R. 1883:
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HOUSE REPORTS: No. 106-315, Pt. 1 (Comm. on International Relations).
CONGRESSIONAL RECORD:
Vol. 145 (1999):
Sept. 14, considered and passed
House.
Vol. 146 (2000):
Feb. 22, 24, considered and passed
Senate, amended.
Mar. 1, House concurred in Senate
amendments.
WEEKLY COMPILATION OF PRESIDENTIAL DOCUMENTS, Vol. 36 (2000):
Mar. 14, Presidential statement.
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