50 USC 1701 - Sec. 1701. Unusual and extraordinary threat; declaration of national emergency; exercise of Presidential authorities

Pub. L. 107-24, Sec. 1, Aug. 3, 2001, 115 Stat. 199, provided that: "This Act [enacting and amending provisions set out as notes below] may be cited as the 'ILSA Extension Act of 2001'." SHORT TITLE Section 201 of title II of Pub. L. 95-223 provided that: "This title [enacting this chapter] may be cited as the 'International Emergency Economic Powers Act'." SEPARABILITY Section 208 of Pub. L. 95-223 provided that: "If any provision of this Act [enacting this chapter] is held invalid, the remainder of the Act shall not be affected thereby." SUDAN PEACE Pub. L. 107-245, Oct. 21, 2002, 116 Stat. 1504, provided that: "SECTION 1. SHORT TITLE. "This Act may be cited as the 'Sudan Peace Act'. "SEC. 2. FINDINGS. "The Congress makes the following findings: "(1) The Government of Sudan has intensified its prosecution of the war against areas outside of its control, which has already cost more than 2,000,000 lives and has displaced more than 4,000,000 people. "(2) A viable, comprehensive, and internationally sponsored peace process, protected from manipulation, presents the best chance for a permanent resolution of the war, protection of human rights, and a self-sustaining Sudan. "(3) Continued strengthening and reform of humanitarian relief operations in Sudan is an essential element in the effort to bring an end to the war. "(4) Continued leadership by the United States is critical. "(5) Regardless of the future political status of the areas of Sudan outside of the control of the Government of Sudan, the absence of credible civil authority and institutions is a major impediment to achieving self-sustenance by the Sudanese people and to meaningful progress toward a viable peace process.

It is critical that credible civil authority and institutions play an important role in the reconstruction of post-war Sudan. "(6) Through the manipulation of traditional rivalries among peoples in areas outside of its full control, the Government of Sudan has used divide-and-conquer techniques effectively to subjugate its population.

However, internationally sponsored reconciliation efforts have played a critical role in reducing human suffering and the effectiveness of this tactic. "(7) The Government of Sudan utilizes and organizes militias, Popular Defense Forces, and other irregular units for raiding and enslaving parties in areas outside of the control of the Government of Sudan in an effort to disrupt severely the ability of the populations in those areas to sustain themselves.

The tactic helps minimize the Government of Sudan's accountability internationally. "(8) The Government of Sudan has repeatedly stated that it intends to use the expected proceeds from future oil sales to increase the tempo and lethality of the war against the areas outside of its control. "(9) By regularly banning air transport relief flights by the United Nations relief operation OLS, the Government of Sudan has been able to manipulate the receipt of food aid by the Sudanese people from the United States and other donor countries as a devastating weapon of war in the ongoing effort by the Government of Sudan to starve targeted groups and subdue areas of Sudan outside of the Government's control. "(10) The acts of the Government of Sudan, including the acts described in this section, constitute genocide as defined by the Convention on the Prevention and Punishment of the Crime of Genocide (78 U.N.T.S. 277). "(11) The efforts of the United States and other donors in delivering relief and assistance through means outside of OLS have played a critical role in addressing the deficiencies in OLS and offset the Government of Sudan's manipulation of food donations to advantage in the civil war in Sudan. "(12) While the immediate needs of selected areas in Sudan facing starvation have been addressed in the near term, the population in areas of Sudan outside of the control of the Government of Sudan are still in danger of extreme disruption of their ability to sustain themselves. "(13) The Nuba Mountains and many areas in Bahr al Ghazal and the Upper Nile and the Blue Nile regions have been excluded completely from relief distribution by OLS, consequently placing their populations at increased risk of famine. "(14) At a cost which has sometimes exceeded $1,000,000 per day, and with a primary focus on providing only for the immediate food needs of the recipients, the current international relief operations are neither sustainable nor desirable in the long term. "(15) The ability of populations to defend themselves against attack in areas outside of the control of the Government of Sudan has been severely compromised by the disengagement of the front-line states of Ethiopia, Eritrea, and Uganda, fostering the belief among officials of the Government of Sudan that success on the battlefield can be achieved. "(16) The United States should use all means of pressure available to facilitate a comprehensive solution to the war in Sudan, including - "(A) the multilateralization of economic and diplomatic tools to compel the Government of Sudan to enter into a good faith peace process; "(B) the support or creation of viable democratic civil authority and institutions in areas of Sudan outside of government control; "(C) continued active support of people-to-people reconciliation mechanisms and efforts in areas outside of government control; "(D) the strengthening of the mechanisms to provide humanitarian relief to those areas; and "(E) cooperation among the trading partners of the United States and within multilateral institutions toward those ends. "SEC. 3. DEFINITIONS. "In this Act: "(1) Appropriate congressional committees. - The term 'appropriate congressional committees' means the Committee on International Relations of the House of Representatives and the Committee on Foreign Relations of the Senate. "(2) Government of sudan. - The term 'Government of Sudan' means the National Islamic Front government in Khartoum, Sudan. "(3) OLS. - The term 'OLS' means the United Nations relief operation carried out by UNICEF, the World Food Program, and participating relief organizations known as 'Operation Lifeline Sudan'. "SEC. 4. CONDEMNATION OF SLAVERY, OTHER HUMAN RIGHTS ABUSES, AND TACTICS OF THE GOVERNMENT OF SUDAN. "The Congress hereby - "(1) condemns - "(A) violations of human rights on all sides of the conflict in Sudan; "(B) the Government of Sudan's overall human rights record, with regard to both the prosecution of the war and the denial of basic human and political rights to all Sudanese; "(C) the ongoing slave trade in Sudan and the role of the Government of Sudan in abetting and tolerating the practice; "(D) the Government of Sudan's use and organization of 'murahalliin' or 'mujahadeen', Popular Defense Forces, and regular Sudanese Army units into organized and coordinated raiding and slaving parties in Bahr al Ghazal, the Nuba Mountains, and the Upper Nile and the Blue Nile regions; and "(E) aerial bombardment of civilian targets that is sponsored by the Government of Sudan; and "(2) recognizes that, along with selective bans on air transport relief flights by the Government of Sudan, the use of raiding and slaving parties is a tool for creating food shortages and is used as a systematic means to destroy the societies, culture, and economies of the Dinka, Nuer, and Nuba peoples in a policy of low-intensity ethnic cleansing. "SEC. 5. ASSISTANCE FOR PEACE AND DEMOCRATIC GOVERNANCE. "(a) Assistance to Sudan. - The President is authorized to provide increased assistance to the areas of Sudan that are not controlled by the Government of Sudan to prepare the population for peace and democratic governance, including support for civil administration, communications infrastructure, education, health, and agriculture. "(b) Authorization of Appropriations. - "(1) In general. - There are authorized to be appropriated to the President to carry out the activities described in subsection (a) of this section $100,000,000 for each of the fiscal years 2003, 2004, and 2005. "(2) Availability. - Amounts appropriated pursuant to the authorization of appropriations under paragraph (1) of this subsection are authorized to remain available until expended. "SEC. 6. SUPPORT FOR AN INTERNATIONALLY SANCTIONED PEACE PROCESS. "(a) Findings. - Congress hereby - "(1) recognizes that - "(A) a single, viable internationally and regionally sanctioned peace process holds the greatest opportunity to promote a negotiated, peaceful settlement to the war in Sudan; and "(B) resolution to the conflict in Sudan is best made through a peace process based on the Declaration of Principles reached in Nairobi, Kenya, on July 20, 1994, and on the Machakos Protocol in July 2002; and "(2) commends the efforts of Special Presidential Envoy, Senator Danforth and his team in working to assist the parties to the conflict in Sudan in finding a just, permanent peace to the conflict in Sudan. "(b) Measures of Certain Conditions Not Met. - "(1) Presidential determination. - "(A) The President shall make a determination and certify in writing to the appropriate congressional committees within 6 months after the date of enactment of this Act [Oct. 21, 2002], and each 6 months thereafter, that the Government of Sudan and the Sudan People's Liberation Movement are negotiating in good faith and that negotiations should continue. "(B) If, under subparagraph (A) the President determines and certifies in writing to the appropriate congressional committees that the Government of Sudan has not engaged in good faith negotiations to achieve a permanent, just, and equitable peace agreement, or has unreasonably interfered with humanitarian efforts, then the President, after consultation with the Congress, shall implement the measures set forth in paragraph (2). "(C) If, under paragraph (A) the President determines and certifies in writing to the appropriate congressional committees that the Sudan People's Liberation Movement has not engaged in good faith negotiations to achieve a permanent, just, and equitable peace agreement, then paragraph (2) shall not apply to the Government of Sudan. "(D) If the President certifies to the appropriate congressional committees that the Government of Sudan is not in compliance with the terms of a permanent peace agreement between the Government of Sudan and the Sudan People's Liberation Movement, then the President, after consultation with the Congress, shall implement the measures set forth in paragraph (2). "(E) If, at any time after the President has made a certification under subparagraph (B), the President makes a determination and certifies in writing to the appropriate congressional committees that the Government of Sudan has resumed good faith negotiations, or makes a determination and certifies in writing to the appropriate congressional committees that the Government of Sudan is in compliance with a peace agreement, then paragraph (2) shall not apply to the Government of Sudan. "(2) Measures in support of the peace process. - Subject to the provisions of paragraph (1), the President - "(A) shall, through the Secretary of the Treasury, instruct the United States executive directors to each international financial institution to continue to vote against and actively oppose any extension by the respective institution of any loan, credit, or guarantee to the Government of Sudan; "(B) should consider downgrading or suspending diplomatic relations between the United States and the Government of Sudan; "(C) shall take all necessary and appropriate steps, including through multilateral efforts, to deny the Government of Sudan access to oil revenues to ensure that the Government of Sudan neither directly nor indirectly utilizes any oil revenues to purchase or acquire military equipment or to finance any military activities; and "(D) shall seek a United Nations Security Council Resolution to impose an arms embargo on the Government of Sudan. "(c) Report on the Status of Negotiations. - If, at any time after the President has made a certification under subsection (b)(1)(A), the Government of Sudan discontinues negotiations with the Sudan People's Liberation Movement for a 14-day period, then the President shall submit a quarterly report to the appropriate congressional committees on the status of the peace process until negotiations resume. "(d) Report on United States Opposition To Financing by International Financial Institutions. - The Secretary of the Treasury shall submit a semiannual report to the appropriate congressional committees describing the steps taken by the United States to oppose the extension of a loan, credit, or guarantee if, after the Secretary of the Treasury gives the instructions described in subsection (b)(2)(A), such financing is extended. "(e) Report on Efforts To Deny Oil Revenues. - Not later than 45 days after the President takes an action under subsection (b)(2)(C), the President shall submit to the appropriate congressional committees a comprehensive plan for implementing the actions described in such subsection. "(f) Definition. - In this section, the term 'international financial institution' means the International Bank for Reconstruction and Development, the International Development Association, the International Monetary Fund, the African Development Bank, and the African Development Fund. "SEC. 7. MULTILATERAL PRESSURE ON COMBATANTS. "It is the sense of Congress that - "(1) the United Nations should help facilitate peace and recovery in Sudan; "(2) the President, acting through the United States Permanent Representative to the United Nations, should seek to end the veto power of the Government of Sudan over the plans by OLS for air transport relief flights and, by doing so, to end the manipulation of the delivery of relief supplies to the advantage of the Government of Sudan on the battlefield; and "(3) the President should take appropriate measures, including the implementation of recommendations of the International Eminent Persons Commission contained in the report issued on May 22, 2002, to end slavery and aerial bombardment of civilians by the Government of Sudan. "SEC. 8. REPORTING REQUIREMENT. "Not later than 6 months after the date of the enactment of this Act [Oct. 21, 2002], and annually thereafter, the Secretary of State shall prepare and submit to the appropriate congressional committees a report regarding the conflict in Sudan.

Such report shall include - "(1) a description of the sources and current status of Sudan's financing and construction of infrastructure and pipelines for oil exploitation, the effects of such financing and construction on the inhabitants of the regions in which the oil fields are located, and the ability of the Government of Sudan to finance the war in Sudan with the proceeds of the oil exploitation; "(2) a description of the extent to which that financing was secured in the United States or with involvement of United States citizens; "(3) the best estimates of the extent of aerial bombardment by the Government of Sudan, including targets, frequency, and best estimates of damage; and "(4) a description of the extent to which humanitarian relief has been obstructed or manipulated by the Government of Sudan or other forces. "SEC. 9. CONTINUED USE OF NON-OLS ORGANIZATIONS FOR RELIEF EFFORTS. "(a) Sense of Congress. - It is the sense of the Congress that the President should continue to increase the use of non-OLS agencies in the distribution of relief supplies in southern Sudan. "(b) Report. - Not later than 90 days after the date of enactment of this Act [Oct. 21, 2002], the President shall submit to the appropriate congressional committees a detailed report describing the progress made toward carrying out subsection (a). "SEC. 10. CONTINGENCY PLAN FOR ANY BAN ON AIR TRANSPORT RELIEF FLIGHTS. "(a) Plan. - The President shall develop a contingency plan to provide, outside the auspices of the United Nations if necessary, the greatest possible amount of United States Government and privately donated relief to all affected areas in Sudan, including the Nuba Mountains and the Upper Nile and the Blue Nile regions, in the event that the Government of Sudan imposes a total, partial, or incremental ban on OLS air transport relief flights. "(b) Reprogramming Authority. - Notwithstanding any other provision of law, in carrying out the plan developed under subsection (a), the President may reprogram up to 100 percent of the funds available for support of OLS operations for the purposes of the plan. "SEC. 11. INVESTIGATION OF WAR CRIMES. "(a) In General. - The Secretary of State shall collect information about incidents which may constitute crimes against humanity, genocide, war crimes, and other violations of international humanitarian law by all parties to the conflict in Sudan, including slavery, rape, and aerial bombardment of civilian targets. "(b) Report. - Not later than 6 months after the date of the enactment of this Act [Oct. 21, 2002] and annually thereafter, the Secretary of State shall prepare and submit to the appropriate congressional committees a detailed report on the information that the Secretary of State has collected under subsection (a) and any findings or determinations made by the Secretary on the basis of that information.

The report under this subsection may be submitted as part of the report required under section 8. "(c) Consultations With Other Departments. - In preparing the report required by this section, the Secretary of State shall consult and coordinate with all other Government officials who have information necessary to complete the report.

Nothing contained in this section shall require the disclosure, on a classified or unclassified basis, of information that would jeopardize sensitive sources and methods or other vital national security interests." ASSISTANCE EFFORTS IN SUDAN Pub. L. 106-570, title V, Sec. 501, Dec. 27, 2000, 114 Stat. 3050, provided that: "(a) Additional Authorities. - Notwithstanding any other provision of law, the President is authorized to undertake appropriate programs using Federal agencies, contractual arrangements, or direct support of indigenous groups, agencies, or organizations in areas outside of control of the Government of Sudan in an effort to provide emergency relief, promote economic self-sufficiency, build civil authority, provide education, enhance rule of law and the development of judicial and legal frameworks, support people-to-people reconciliation efforts, or implement any program in support of any viable peace agreement at the local, regional, or national level in Sudan. "(b) Exception to Export Prohibitions. - Notwithstanding any other provision of law, the prohibitions set forth with respect to Sudan in Executive Order No. 13067 of November 3, 1997 (62 Fed. Register 59989) [set out below] shall not apply to any export from an area in Sudan outside of control of the Government of Sudan, or to any necessary transaction directly related to that export, if the President determines that the export or related transaction, as the case may be, would directly benefit the economic development of that area and its people." IRAN NONPROLIFERATION Pub. L. 106-178, Mar. 14, 2000, 114 Stat. 38, as amended by Pub. L. 107-228, div. B, title XIII, Sec. 1306, Sept. 30, 2002, 116 Stat. 1438, provided that: "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 [Mar. 14, 2000], 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. "(e) Content of Reports. - Each report under subsection (a) shall contain, with respect to each foreign person identified in such report, a brief description of the type and quantity of the goods, services, or technology transferred by that person to Iran, the circumstances surrounding the transfer, the usefulness of the transfer to Iranian weapons programs, and the probable awareness or lack thereof of the transfer on the part of the government with primary jurisdiction over the person. "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 [22 U.S.C. 2751 et seq.]. "(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 [50 App. U.S.C. 2401 et seq.] 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 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, or weapons listed on the Wassenaar Arrangement Munitions List of July 12, 1996, or any subsequent revision of that list; "(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 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 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 [set out below] 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 [Mar. 14, 2000]; 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 Agency or Russian Space Agency, after holding a controlling interest in such organization or entity, divests its controlling interest." [Memorandum of President of the United States, Sept. 11, 2000, 65 F.R. 56209, delegated to the Secretary of State functions and authorities conferred on the President under Pub. L. 106-178, set out above, with the exception of section 6(f) and (g), from which were delegated to the Secretary of State only section 6(f)(2)(A) and (g)(1)(B), with the remaining functions and authorities under section 6(f) and (g) delegated to the Administrator of the National Aeronautics and Space Administration, and provided that authorities and functions delegated by the memorandum could be redelegated.] APPLICATION OF AUTHORITIES UNDER THE INTERNATIONAL EMERGENCY ECONOMIC POWERS ACT TO COMMUNIST CHINESE MILITARY COMPANIES Pub. L. 105-261, div. A, title XII, Sec. 1237, Oct. 17, 1998, 112 Stat. 2160, as amended by Pub. L. 106-398, Sec. 1 [[div. A], title XII, Sec. 1233], Oct. 30, 2000, 114 Stat. 1654, 1654A-330, provided that: "(a) Presidential Authority. - "(1) In general. - The President may exercise IEEPA authorities (other than authorities relating to importation) without regard to section 202 of the International Emergency Economic Powers Act (50 U.S.C. 1701) in the case of any commercial activity in the United States by a person that is on the list published under subsection (b). "(2) Penalties. - The penalties set forth in section 206 of the International Emergency Economic Powers Act (50 U.S.C. 1705) apply to violations of any license, order, or regulation issued under paragraph (1). "(3) Ieepa authorities. - For purposes of paragraph (1), the term 'IEEPA authorities' means the authorities set forth in section 203(a) of the International Emergency Economic Powers Act (50 U.S.C. 1702(a)). "(b) Determination and Reporting of Communist Chinese Military Companies Operating in United States. - "(1) Initial determination and reporting. - Not later than March 1, 2001, the Secretary of Defense shall make a determination of those persons operating directly or indirectly in the United States or any of its territories and possessions that are Communist Chinese military companies and shall submit a list of those persons in classified and unclassified form to the following: "(A) The Committee on Armed Services of the House of Representatives. "(B) The Committee on Armed Services of the Senate. "(C) The Secretary of State. "(D) The Secretary of the Treasury. "(E) The Attorney General. "(F) The Secretary of Commerce. "(G) The Secretary of Energy. "(H) The Director of Central Intelligence. "(2) Annual revisions to the list. - The Secretary of Defense shall make additions or deletions to the list submitted under paragraph (1) on an annual basis based on the latest information available and shall submit the updated list not later than February 1, each year to the committees and officers specified in paragraph (1). "(3) Consultation. - The Secretary of Defense shall consult with the following officers in carrying out paragraphs (1) and (2): "(A) The Attorney General. "(B) The Director of Central Intelligence. "(C) The Director of the Federal Bureau of Investigation. "(4) Communist chinese military company. - For purposes of making the determination required by paragraph (1) and of carrying out paragraph (2), the term 'Communist Chinese military company' means - "(A) any person identified in the Defense Intelligence Agency publication numbered VP-1920-271-90, dated September 1990, or PC-1921-57-95, dated October 1995, and any update of those publications for the purposes of this section; and "(B) any other person that - "(i) is owned or controlled by the People's Liberation Army; and "(ii) is engaged in providing commercial services, manufacturing, producing, or exporting. "(c) People's Liberation Army. - For purposes of this section, the term 'People's Liberation Army' means the land, naval, and air military services, the police, and the intelligence services of the Communist Government of the People's Republic of China, and any member of any such service or of such police." IRAN AND LIBYA SANCTIONS Pub. L. 104-172, Aug. 5, 1996, 110 Stat. 1541, as amended by Pub. L. 107-24, Secs. 2(a), 3-5, 115 Stat. 199, 200, provided that: "SECTION 1. SHORT TITLE. "This Act may be cited as the 'Iran and Libya Sanctions Act of 1996'. "SEC. 2. FINDINGS. "The Congress makes the following findings: "(1) The efforts of the Government of Iran to acquire weapons of mass destruction and the means to deliver them and its support of acts of international terrorism endanger the national security and foreign policy interests of the United States and those countries with which the United States shares common strategic and foreign policy objectives. "(2) The objective of preventing the proliferation of weapons of mass destruction and acts of international terrorism through existing multilateral and bilateral initiatives requires additional efforts to deny Iran the financial means to sustain its nuclear, chemical, biological, and missile weapons programs. "(3) The Government of Iran uses its diplomatic facilities and quasi-governmental institutions outside of Iran to promote acts of international terrorism and assist its nuclear, chemical, biological, and missile weapons programs. "(4) The failure of the Government of Libya to comply with Resolutions 731, 748, and 883 of the Security Council of the United Nations, its support of international terrorism, and its efforts to acquire weapons of mass destruction constitute a threat to international peace and security that endangers the national security and foreign policy interests of the United States and those countries with which it shares common strategic and foreign policy objectives. "SEC. 3. DECLARATION OF POLICY. "(a) Policy With Respect to Iran. - The Congress declares that it is the policy of the United States to deny Iran the ability to support acts of international terrorism and to fund the development and acquisition of weapons of mass destruction and the means to deliver them by limiting the development of Iran's ability to explore for, extract, refine, or transport by pipeline petroleum resources of Iran. "(b) Policy With Respect to Libya. - The Congress further declares that it is the policy of the United States to seek full compliance by Libya with its obligations under Resolutions 731, 748, and 883 of the Security Council of the United Nations, including ending all support for acts of international terrorism and efforts to develop or acquire weapons of mass destruction. "SEC. 4. MULTILATERAL REGIME. "(a) Multilateral Negotiations. - In order to further the objectives of section 3, the Congress urges the President to commence immediately diplomatic efforts, both in appropriate international fora such as the United Nations, and bilaterally with allies of the United States, to establish a multilateral sanctions regime against Iran, including provisions limiting the development of petroleum resources, that will inhibit Iran's efforts to carry out activities described in section 2. "(b) Reports to Congress. - The President shall report to the appropriate congressional committees, not later than 1 year after the date of the enactment of this Act [Aug. 5, 1996], and periodically thereafter, on the extent that diplomatic efforts described in subsection (a) have been successful.

Each report shall include - "(1) the countries that have agreed to undertake measures to further the objectives of section 3 with respect to Iran, and a description of those measures; and "(2) the countries that have not agreed to measures described in paragraph (1), and, with respect to those countries, other measures (in addition to that provided in subsection (d)) the President recommends that the United States take to further the objectives of section 3 with respect to Iran. "(c) Waiver. - The President may waive the application of section 5(a) with respect to nationals of a country if - "(1) that country has agreed to undertake substantial measures, including economic sanctions, that will inhibit Iran's efforts to carry out activities described in section 2 and information required by subsection (b)(1) has been included in a report submitted under subsection (b); and "(2) the President, at least 30 days before the waiver takes effect, notifies the appropriate congressional committees of his intention to exercise the waiver. "(d) Enhanced Sanction. - "(1) Sanction. - With respect to nationals of countries except those with respect to which the President has exercised the waiver authority of subsection (c), at any time after the first report is required to be submitted under subsection (b), section 5(a) shall be applied by substituting '$20,000,000' for '$40,000,000' each place it appears, and by substituting '$5,000,000' for '$10,000,000'. "(2) Report to congress. - The President shall report to the appropriate congressional committees any country with respect to which paragraph (1) applies. "(e) Interim Report on Multilateral Sanctions; Monitoring. - The President, not later than 90 days after the date of the enactment of this Act, shall report to the appropriate congressional committees on - "(1) whether the member states of the European Union, the Republic of Korea, Australia, Israel, or Japan have legislative or administrative standards providing for the imposition of trade sanctions on persons or their affiliates doing business or having investments in Iran or Libya; "(2) the extent and duration of each instance of the application of such sanctions; and "(3) the disposition of any decision with respect to such sanctions by the World Trade Organization or its predecessor organization. "SEC. 5. IMPOSITION OF SANCTIONS. "(a) Sanctions With Respect to Iran. - Except as provided in subsection (f), the President shall impose 2 or more of the sanctions described in paragraphs (1) through (6) of section 6 if the President determines that a person has, with actual knowledge, on or after the date of the enactment of this Act [Aug. 5, 1996], made an investment of $40,000,000 or more (or any combination of investments of at least $10,000,000 each, which in the aggregate equals or exceeds $40,000,000 in any 12-month period), that directly and significantly contributed to the enhancement of Iran's ability to develop petroleum resources of Iran. "(b) Mandatory Sanctions With Respect to Libya. - "(1) Violations of prohibited transactions. - Except as provided in subsection (f), the President shall impose 2 or more of the sanctions described in paragraphs (1) through (6) of section 6 if the President determines that a person has, with actual knowledge, on or after the date of the enactment of this Act, exported, transferred, or otherwise provided to Libya any goods, services, technology, or other items the provision of which is prohibited under paragraph 4(b) or 5 of Resolution 748 of the Security Council of the United Nations, adopted March 31, 1992, or under paragraph 5 or 6 of Resolution 883 of the Security Council of the United Nations, adopted November 11, 1993, if the provision of such items significantly and materially - "(A) contributed to Libya's ability to acquire chemical, biological, or nuclear weapons or destabilizing numbers and types of advanced conventional weapons or enhanced Libya's military or paramilitary capabilities; "(B) contributed to Libya's ability to develop its petroleum resources; or "(C) contributed to Libya's ability to maintain its aviation capabilities. "(2) Investments that contribute to the development of petroleum resources. - Except as provided in subsection (f), the President shall impose 2 or more of the sanctions described in paragraphs (1) through (6) of section 6 if the President determines that a person has, with actual knowledge, on or after the date of the enactment of this Act [Aug. 5, 1996], made an investment of $20,000,000 or more (or any combination of investments of at least $10,000,000 each, which in the aggregate equals or exceeds $20,000,000 in any 12-month period), that directly and significantly contributed to the enhancement of Libya's ability to develop its petroleum resources. "(c) Persons Against Which the Sanctions Are To Be Imposed. - The sanctions described in subsections (a) and (b) shall be imposed on - "(1) any person the President determines has carried out the activities described in subsection (a) or (b); and "(2) any person the President determines - "(A) is a successor entity to the person referred to in paragraph (1); "(B) is a parent or subsidiary of the person referred to in paragraph (1) if that parent or subsidiary, with actual knowledge, engaged in the activities referred to in paragraph (1); or "(C) is an affiliate of the person referred to in paragraph (1) if that affiliate, with actual knowledge, engaged in the activities referred to in paragraph (1) and if that affiliate is controlled in fact by the person referred to in paragraph (1). For purposes of this Act, any person or entity described in this subsection shall be referred to as a 'sanctioned person'. "(d) Publication in Federal Register. - The President shall cause to be published in the Federal Register a current list of persons and entities on whom sanctions have been imposed under this Act. The removal of persons or entities from, and the addition of persons and entities to, the list, shall also be so published. "(e) Publication of Projects. - The President shall cause to be published in the Federal Register a list of all significant projects which have been publicly tendered in the oil and gas sector in Iran. "(f) Exceptions. - The President shall not be required to apply or maintain the sanctions under subsection (a) or (b) - "(1) in the case of procurement of defense articles or defense services - "(A) under existing contracts or subcontracts, including the exercise of options for production quantities to satisfy requirements essential to the national security of the United States; "(B) if the President determines in writing that the person to which the sanctions would otherwise be applied is a sole source supplier of the defense articles or services, that the defense articles or services are essential, and that alternative sources are not readily or reasonably available; or "(C) if the President determines in writing that such articles or services are essential to the national security under defense coproduction agreements; "(2) in the case of procurement, to eligible products, as defined in section 308(4) of the Trade Agreements Act of 1979 (19 U.S.C. 2518(4)), of any foreign country or instrumentality designated under section 301(b)(1) of that Act (19 U.S.C. 2511(b)(1)); "(3) to products, technology, or services provided under contracts entered into before the date on which the President publishes in the Federal Register the name of the person on whom the sanctions are to be imposed; "(4) to - "(A) spare parts which are essential to United States products or production; "(B) component parts, but not finished products, essential to United States products or production; or "(C) routine servicing and maintenance of products, to the extent that alternative sources are not readily or reasonably available; "(6) to information and technology essential to United States products or production; or "(7) to medicines, medical supplies, or other humanitarian items. "SEC. 6. DESCRIPTION OF SANCTIONS. "The sanctions to be imposed on a sanctioned person under section 5 are as follows: "(1) Export-import bank assistance for exports to sanctioned persons. - The President may direct the Export-Import Bank of the United States not to give approval to the issuance of any guarantee, insurance, extension of credit, or participation in the extension of credit in connection with the export of any goods or services to any sanctioned person. "(2) Export sanction. - The President may order the United States Government not to issue any specific license and not to grant any other specific permission or authority to export any goods or technology to a sanctioned person under - "(i) the Export Administration Act of 1979 [50 App. 2401 et seq.]; "(ii) the Arms Export Control Act [22 U.S.C. 2751 et seq.]; "(iii) the Atomic Energy Act of 1954 [42 U.S.C. 2011 et seq.]; or "(iv) any other statute that requires the prior review and approval of the United States Government as a condition for the export or reexport of goods or services. "(3) Loans from united states financial institutions. - The United States Government may prohibit any United States financial institution from making loans or providing credits to any sanctioned person totaling more than $10,000,000 in any 12-month period unless such person is engaged in activities to relieve human suffering and the loans or credits are provided for such activities. "(4) Prohibitions on financial institutions. - The following prohibitions may be imposed against a sanctioned person that is a financial institution: "(A) Prohibition on designation as primary dealer. - Neither the Board of Governors of the Federal Reserve System nor the Federal Reserve Bank of New York may designate, or permit the continuation of any prior designation of, such financial institution as a primary dealer in United States Government debt instruments. "(B) Prohibition on service as a repository of government funds. - Such financial institution may not serve as agent of the United States Government or serve as repository for United States Government funds.

The imposition of either sanction under subparagraph (A) or (B) shall be treated as 1 sanction for purposes of section 5, and the imposition of both such sanctions shall be treated as 2 sanctions for purposes of section 5. "(5) Procurement sanction. - The United States Government may not procure, or enter into any contract for the procurement of, any goods or services from a sanctioned person. "(6) Additional sanctions. - The President may impose sanctions, as appropriate, to restrict imports with respect to a sanctioned person, in accordance with the International Emergency Economic Powers Act (50 U.S.C. 1701 and following). "SEC. 7. ADVISORY OPINIONS. "The Secretary of State may, upon the request of any person, issue an advisory opinion to that person as to whether a proposed activity by that person would subject that person to sanctions under this Act. Any person who relies in good faith on such an advisory opinion which states that the proposed activity would not subject a person to such sanctions, and any person who thereafter engages in such activity, will not be made subject to such sanctions on account of such activity. "SEC. 8. TERMINATION OF SANCTIONS. "(a) Iran. - The requirement under section 5(a) to impose sanctions shall no longer have force or effect with respect to Iran if the President determines and certifies to the appropriate congressional committees that Iran - "(1) has ceased its efforts to design, develop, manufacture, or acquire - "(A) a nuclear explosive device or related materials and technology; "(B) chemical and biological weapons; and "(C) ballistic missiles and ballistic missile launch technology; and "(2) has been removed from the list of countries the governments of which have been determined, for purposes of section 6(j) of the Export Administration Act of 1979 [50 App. 2405(j)], to have repeatedly provided support for acts of international terrorism. "(b) Libya. - The requirement under section 5(b) to impose sanctions shall no longer have force or effect with respect to Libya if the President determines and certifies to the appropriate congressional committees that Libya has fulfilled the requirements of United Nations Security Council Resolution 731, adopted January 21, 1992, United Nations Security Council Resolution 748, adopted March 31, 1992, and United Nations Security Council Resolution 883, adopted November 11, 1993. "SEC. 9. DURATION OF SANCTIONS; PRESIDENTIAL WAIVER. "(a) Delay of Sanctions. - "(1) Consultations. - If the President makes a determination described in section 5(a) or 5(b) with respect to a foreign person, the Congress urges the President to initiate consultations immediately with the government with primary jurisdiction over that foreign person with respect to the imposition of sanctions under this Act. "(2) Actions by government of jurisdiction. - In order to pursue consultations under paragraph (1) with the government concerned, the President may delay imposition of sanctions under this Act for up to 90 days. Following such consultations, the President shall immediately impose sanctions unless the President determines and certifies to the Congress that the government has taken specific and effective actions, including, as appropriate, the imposition of appropriate penalties, to terminate the involvement of the foreign person in the activities that resulted in the determination by the President under section 5(a) or 5(b) concerning such person. "(3) Additional delay in imposition of sanctions. - The President may delay the imposition of sanctions for up to an additional 90 days if the President determines and certifies to the Congress that the government with primary jurisdiction over the person concerned is in the process of taking the actions described in paragraph (2). "(4) Report to congress. - Not later than 90 days after making a determination under section 5(a) or 5(b), the President shall submit to the appropriate congressional committees a report on the status of consultations with the appropriate foreign government under this subsection, and the basis for any determination under paragraph (3). "(b) Duration of Sanctions. - A sanction imposed under section 5 shall remain in effect - "(1) for a period of not less than 2 years from the date on which it is imposed; or "(2) until such time as the President determines and certifies to the Congress that the person whose activities were the basis for imposing the sanction is no longer engaging in such activities and that the President has received reliable assurances that such person will not knowingly engage in such activities in the future, except that such sanction shall remain in effect for a period of at least 1 year. "(c) Presidential Waiver. - "(1) Authority. - The President may waive the requirement in section 5 to impose a sanction or sanctions on a person described in section 5(c), and may waive the continued imposition of a sanction or sanctions under subsection (b) of this section, 30 days or more after the President determines and so reports to the appropriate congressional committees that it is important to the national interest of the United States to exercise such waiver authority. "(2) Contents of report. - Any report under paragraph (1) shall provide a specific and detailed rationale for the determination under paragraph (1), including - "(A) a description of the conduct that resulted in the determination under section 5(a) or (b), as the case may be; "(B) in the case of a foreign person, an explanation of the efforts to secure the cooperation of the government with primary jurisdiction over the sanctioned person to terminate or, as appropriate, penalize the activities that resulted in the determination under section 5(a) or (b), as the case may be; "(C) an estimate as to the significance - "(i) of the provision of the items described in section 5(a) to Iran's ability to develop its petroleum resources, or "(ii) of the provision of the items described in section 5(b)(1) to the abilities of Libya described in subparagraph (A), (B), or (C) of section 5(b)(1), or of the investment described in section 5(b)(2) on Libya's ability to develop its petroleum resources, as the case may be; and "(D) a statement as to the response of the United States in the event that the person concerned engages in other activities that would be subject to section 5(a) or (b). "(3) Effect of report on waiver. - If the President makes a report under paragraph (1) with respect to a waiver of sanctions on a person described in section 5(c), sanctions need not be imposed under section 5(a) or (b) on that person during the 30-day period referred to in paragraph (1). "SEC. 10. REPORTS REQUIRED. "(a) Report on Certain International Initiatives. - Not later than 6 months after the date of the enactment of this Act [Aug. 5, 1996], and every 6 months thereafter, the President shall transmit a report to the appropriate congressional committees describing - "(1) the efforts of the President to mount a multilateral campaign to persuade all countries to pressure Iran to cease its nuclear, chemical, biological, and missile weapons programs and its support of acts of international terrorism; "(2) the efforts of the President to persuade other governments to ask Iran to reduce the presence of Iranian diplomats and representatives of other government and military or quasi-governmental institutions of Iran and to withdraw any such diplomats or representatives who participated in the takeover of the United States embassy in Tehran on November 4, 1979, or the subsequent holding of United States hostages for 444 days; "(3) the extent to which the International Atomic Energy Agency has established regular inspections of all nuclear facilities in Iran, including those presently under construction; and "(4) Iran's use of Iranian diplomats and representatives of other government and military or quasi-governmental institutions of Iran to promote acts of international terrorism or to develop or sustain Iran's nuclear, chemical, biological, and missile weapons programs. "(b) Report on Effectiveness of Actions Under This Act. - Not earlier than 24 months, and not later than 30 months, after the date of the enactment of the ILSA Extension Act of 2001 [Aug. 3, 2001], the President shall transmit to Congress a report that describes - "(1) the extent to which actions relating to trade taken pursuant to this Act - "(A) have been effective in achieving the objectives of section 3 and any other foreign policy or national security objectives of the United States with respect to Iran and Libya; and "(B) have affected humanitarian interests in Iran and Libya, the country in which the sanctioned person is located, or in other countries; and "(2) the impact of actions relating to trade taken pursuant to this Act on other national security, economic, and foreign policy interests of the United States, including relations with countries friendly to the United States, and on the United States economy.

The President may include in the report the President's recommendation on whether or not this Act should be terminated or modified. "(c) Other Reports. - The President shall ensure the continued transmittal to the Congress of reports describing - "(1) the nuclear and other military capabilities of Iran, as required by section 601(a) of the Nuclear Non-Proliferation Act of 1978 [22 U.S.C. 3281(a)] and section 1607 of the National Defense Authorization Act for Fiscal Year 1993 [Pub. L. 102-484 set out below]; and "(2) the support provided by Iran for acts of international terrorism, as part of the Department of State's annual report on international terrorism. "SEC. 11. DETERMINATIONS NOT REVIEWABLE. "A determination to impose sanctions under this Act shall not be reviewable in any court. "SEC. 12. EXCLUSION OF CERTAIN ACTIVITIES. "Nothing in this Act shall apply to any activities subject to the reporting requirements of title V of the National Security Act of 1947 [50 U.S.C. 413 et seq.]. "SEC. 13. EFFECTIVE DATE; SUNSET. "(a) Effective Date. - This Act shall take effect on the date of the enactment of this Act [Aug. 5, 1996]. "(b) Sunset. - This Act shall cease to be effective on the date that is 10 years after the date of the enactment of this Act. "SEC. 14. DEFINITIONS. "As used in this Act: "(1) Act of international terrorism. - The term 'act of international terrorism' means an act - "(A) which is violent or dangerous to human life and that is a violation of the criminal laws of the United States or of any State or that would be a criminal violation if committed within the jurisdiction of the United States or any State; and "(B) which appears to be intended - "(i) to intimidate or coerce a civilian population; "(ii) to influence the policy of a government by intimidation or coercion; or "(iii) to affect the conduct of a government by assassination or kidnapping. "(2) Appropriate congressional committees. - The term 'appropriate congressional committees' means the Committee on Finance, the Committee on Banking, Housing, and Urban Affairs, and the Committee on Foreign Relations of the Senate and the Committee on Ways and Means, the Committee on Banking and Financial Services [now Committee on Financial Services], and the Committee on International Relations of the House of Representatives. "(3) Component part. - The term 'component part' has the meaning given that term in section 11A(e)(1) of the Export Administration Act of 1979 (50 U.S.C. App. 2410a(e)(1)). "(4) Develop and development. - To 'develop', or the 'development' of, petroleum resources means the exploration for, or the extraction, refining, or transportation by pipeline of, petroleum resources. "(5) Financial institution. - The term 'financial institution' includes - "(A) a depository institution (as defined in section 3(c)(1) of the Federal Deposit Insurance Act [12 U.S.C. 1813(c)(1)]), including a branch or agency of a foreign bank (as defined in section 1(b)(7) of the International Banking Act of 1978 [12 U.S.C. 3101(b)(7)]); "(B) a credit union; "(C) a securities firm, including a broker or dealer; "(D) an insurance company, including an agency or underwriter; and "(E) any other company that provides financial services. "(6) Finished product. - The term 'finished product' has the meaning given that term in section 11A(e)(2) of the Export Administration Act of 1979 (50 U.S.C. App. 2410a(e)(2)). "(7) Foreign person. - The term 'foreign person' means - "(A) an individual who is not a United States person or an alien lawfully admitted for permanent residence into the United States; or "(B) a corporation, partnership, or other nongovernmental entity which is not a United States person. "(8) Goods and technology. - The terms 'goods' and 'technology' have the meanings given those terms in section 16 of the Export Administration Act of 1979 (50 U.S.C. App. 2415). "(9) Investment. - The term 'investment' means any of the following activities if such activity is undertaken pursuant to an agreement, or pursuant to the exercise of rights under such an agreement, that is entered into with the Government of Iran or a nongovenmental [sic] entity in Iran, or with the Government of Libya or a nongovernmental entity in Libya, on or after the date of the enactment of this Act [Aug. 5, 1996]: "(A) The entry into a contract that includes responsibility for the development of petroleum resources located in Iran or Libya (as the case may be), or the entry into a contract providing for the general supervision and guarantee of another person's performance of such a contract. "(B) The purchase of a share of ownership, including an equity interest, in that development. "(C) The entry into a contract providing for the participation in royalties, earnings, or profits in that development, without regard to the form of the participation.

The term 'investment' does not include the entry into, performance, or financing of a contract to sell or purchase goods, services, or technology.

For purposes of this paragraph, an amendment or other modification that is made, on or after June 13, 2001, to an agreement or contract shall be treated as the entry of an agreement or contract. "(10) Iran. - The term 'Iran' includes any agency or instrumentality of Iran. "(11) Iranian diplomats and representatives of other government and military or quasi-governmental institutions of iran. - The term 'Iranian diplomats and representatives of other government and military or quasi-governmental institutions of Iran' includes employees, representatives, or affiliates of Iran's - "(A) Foreign Ministry; "(B) Ministry of Intelligence and Security; "(C) Revolutionary Guard Corps; "(D) Crusade for Reconstruction; "(E) Qods (Jerusalem) Forces; "(F) Interior Ministry; "(G) Foundation for the Oppressed and Disabled; "(H) Prophet's Foundation; "(I) June 5th Foundation; "(J) Martyr's Foundation; "(K) Islamic Propagation Organization; and "(L) Ministry of Islamic Guidance. "(12) Libya. - The term 'Libya' includes any agency or instrumentality of Libya. "(13) Nuclear explosive device. - The term 'nuclear explosive device' means any device, whether assembled or disassembled, that is designed to produce an instantaneous release of an amount of nuclear energy from special nuclear material (as defined in section 11(aa) of the Atomic Energy Act of 1954 [42 U.S.C. 2014(aa)]) that is greater than the amount of energy that would be released from the detonation of one pound of trinitrotoluene (TNT). "(14) Person. - The term 'person' means - "(A) a natural person; "(B) a corporation, business association, partnership, society, trust, any other nongovernmental entity, organization, or group, and any governmental entity operating as a business enterprise; and "(C) any successor to any entity described in subparagraph (B). "(15) Petroleum resources. - The term 'petroleum resources' includes petroleum and natural gas resources. "(16) United states or state. - The term 'United States' or 'State' means the several States, the District of Columbia, the Commonwealth of Puerto Rico, the Commonwealth of the Northern Mariana Islands, American Samoa, Guam, the United States Virgin Islands, and any other territory or possession of the United States. "(17) United states person. - The term 'United States person' means - "(A) a natural person who is a citizen of the United States or who owes permanent allegiance to the United States; and "(B) a corporation or other legal entity which is organized under the laws of the United States, any State or territory thereof, or the District of Columbia, if natural persons described in subparagraph (A) own, directly or indirectly, more than 50 percent of the outstanding capital stock or other beneficial interest in such legal entity." [Pub. L. 107-24, Sec. 2(b), Aug. 3, 2001, 115 Stat. 199, provided that: "The amendments made by subsection (a) [amending section 5 of Pub. L. 104-172, set out above] shall apply to investments made on or after June 13, 2001."] [Memorandum of President of the United States, Nov. 21, 1996, 61 F.R. 64249, delegated to the Secretary of State, in consultation with the Departments of the Treasury and Commerce and the United States Trade Representative, and with the Export-Import Bank and Federal Reserve Board and other interested agencies as appropriate functions vested in the President by sections 4(c), 5(a), (b), (c), (f), 6(1), (2), and 9(c) of Pub. L. 104-172, set out above, delegated to the Secretary of State functions vested in the President by sections 4(a), (b), (d), (e), 5(d), (e), 9(a), (b), and 10 of Pub. L. 104-172, provided that any reference to provisions of any Act related to the subject of the memorandum be deemed to include references to any subsequent provision of law that is the same or substantially the same as such provisions, and provided that only the functions vested in the President by sections 4(a), (b), (d), (e), 5(d), (e), and 10 of Pub. L. 104-172 and delegated by the memorandum could be redelegated.] SANCTIONS AGAINST SERBIA AND MONTENEGRO Pub. L. 106-113, div. B, Sec. 1000(a)(2) [title V, Sec. 599], Nov. 29, 1999, 113 Stat. 1535, 1501A-127, provided that: "(a) Continuation of Executive Branch Sanctions. - The sanctions listed in subsection (b) shall remain in effect for fiscal year 2000, unless the President submits to the Committees on Appropriations and Foreign Relations in the Senate and the Committees on Appropriations and International Relations of the House of Representatives a certification described in subsection (c). "(b) Applicable Sanctions. - "(1) The Secretary of the Treasury shall instruct the United States executive directors of the international financial institutions to work in opposition to, and vote against, any extension by such institutions of any financial or technical assistance or grants of any kind to the government of Serbia. "(2) The Secretary of State should instruct the United States Ambassador to the Organization for Security and Cooperation in Europe (OSCE) to block any consensus to allow the participation of Serbia in the OSCE or any organization affiliated with the OSCE. "(3) The Secretary of State should instruct the United States Representative to the United Nations to vote against any resolution in the United Nations Security Council to admit Serbia to the United Nations or any organization affiliated with the United Nations, to veto any resolution to allow Serbia to assume the United Nations' membership of the former Socialist Federal Republic of Yugoslavia, and to take action to prevent Serbia from assuming the seat formerly occupied by the Socialist Federal Republic of Yugoslavia. "(4) The Secretary of State should instruct the United States Permanent Representative on the Council of the North Atlantic Treaty Organization to oppose the extension of the Partnership for Peace program or any other organization affiliated with NATO to Serbia. "(5) The Secretary of State should instruct the United States Representatives to the Southeast European Cooperative Initiative (SECI) to oppose and to work to prevent the extension of SECI membership to Serbia. "(c) Certification. - A certification described in this subsection is a certification that - "(1) the representatives of the successor states to the Socialist Federal Republic of Yugoslavia have successfully negotiated the division of assets and liabilities and all other succession issues following the dissolution of the Socialist Federal Republic of Yugoslavia; "(2) the Government of Serbia is fully complying with its obligations as a signatory to the General Framework Agreement for Peace in Bosnia and Herzegovina; "(3) the Government of Serbia is fully cooperating with and providing unrestricted access to the International Criminal Tribunal for the former Yugoslavia, including surrendering persons indicted for war crimes who are within the jurisdiction of the territory of Serbia, and with the investigations concerning the commission of war crimes and crimes against humanity in Kosova; "(4) the Government of Serbia is implementing internal democratic reforms; and "(5) Serbian federal governmental officials, and representatives of the ethnic Albanian community in Kosova have agreed on, signed, and begun implementation of a negotiated settlement on the future status of Kosova. "(d) Statement of Policy. - It is the sense of the Congress that the United States should not restore full diplomatic relations with Serbia until the President submits to the Committees on Appropriations and Foreign Relations in the Senate and the Committees on Appropriations and International Relations in the House of Representatives the certification described in subsection (c). "(e) Exemption of Montenegro and Kosova. - The sanctions described in subsection (b) shall not apply to Montenegro or Kosova. "(f) Definition. - The term 'international financial institution' includes the International Monetary Fund, the International Bank for Reconstruction and Development, the International Development Association, the International Finance Corporation, the Multilateral Investment Guaranty Agency, and the European Bank for Reconstruction and Development. "(g) Waiver Authority. - The President may waive the application in whole or in part, of any sanction described in subsection (b) if the President certifies to the Congress that the President has determined that the waiver is necessary to meet emergency humanitarian needs." Pub. L. 105-277, div. A, Sec. 101(d) [title V, Sec. 539], Oct. 21, 1998, 112 Stat. 2681-150, 2681-182, provided that: "(a) Restrictions. - None of the funds in this or any other Act may be made available to modify or remove any sanction, prohibition or requirement with respect to Serbia-Montenegro unless the President first submits to the Congress a certification described in subsection (c). "(b) International Financial Institutions. - The Secretary of the Treasury shall instruct the United States executive directors of the international financial institutions to work in opposition to, and vote against, any extension by such institutions of any financial or technical assistance or grants of any kind to the government of Serbia-Montenegro, unless the President first submits to the Congress a certification described in subsection (c). "(c) Certification. - A certification described in this subsection is a certification that - "(1) there is substantial improvement in the human rights situation in Kosova; "(2) international human rights observers are allowed to return to Kosova; "(3) Serbian, Serbian-Montenegrin federal government officials, and representatives of the ethnic Albanian community in Kosova have agreed on and begun implementation of a negotiated settlement on the future status of Kosova; and "(4) the government of Serbia-Montenegro is fully complying with its obligations as a signatory to the General Framework Agreement for Peace in Bosnia-Herzegovina including fully cooperating with the International Criminal Tribunal for the Former Yugoslavia. "(d) Waiver Authority. - The President may waive the application, in whole or in part, of subsections (a) and (b) if he certifies in writing to the Congress that the waiver is necessary to meet emergency humanitarian needs or to advance negotiations toward a peaceful settlement of the conflict in Kosova that is acceptable to the parties. "(e) Exemption for Montenegro. - This section shall not apply to Montenegro." [For delegation of functions of President under section 101(d) [title V, Sec. 539] of div. A of Pub. L. 105-277, set out above, see Ex. Ord. No. 12163, Sept. 29, 1979, 44 F.R. 56673, as amended, set out as a note under section 2381 of Title 22, Foreign Relations and Intercourse.] Similar provisions were contained in the following prior appropriation acts: Pub. L. 104-208, div. A, title I, Sec. 101(c) [title V, Sec. 540], Sept. 30, 1996, 110 Stat. 3009-121, 3009-155. Pub. L. 104-107, title V, Sec. 540A(a)-(c), Feb. 12, 1996, 110 Stat. 737. Pub. L. 103-160, div. A, title XV, Sec. 1511, Nov. 30, 1993, 107 Stat. 1839, provided that: "(a) Codification of Executive Branch Sanctions. - The sanctions imposed on Serbia and Montenegro, as in effect on the date of the enactment of this Act [Nov. 30, 1993], that were imposed by or pursuant to the following directives of the executive branch shall (except as provided under subsections (d) and (e)) remain in effect until changed by law: "(1) Executive Order 12808 of May 30, 1992 [set out below], as continued in effect on May 25, 1993. "(2) Executive Order 12810 of June 5, 1992 [set out below]. "(3) Executive Order 12831 of January 15, 1993 [set out below]. "(4) Executive Order 12846 of April 25, 1993 [set out below]. "(5) Department of State Public Notice 1427, effective July 11, 1991. "(6) Proclamation 6389 of December 5, 1991 (56 Fed. Register 64467). "(7) Department of Transportation Order 92-5-38 of May 20, 1992. "(8) Federal Aviation Administration action of June 19, 1992 (14 C.F.R. Part 91). "(b) Prohibition on Assistance. - No funds appropriated or otherwise made available by law may be obligated or expended on behalf of the government of Serbia or the government of Montenegro. "(c) International Financial Institutions. - The Secretary of the Treasury shall instruct the United States executive director of each international financial institution to use the voice and vote of the United States to oppose any assistance from that institution to the government of Serbia or the government of Montenegro, except for basic human needs. "(d) Exception. - Notwithstanding any other provision of law, the President is authorized and encouraged to exempt from sanctions imposed against Serbia and Montenegro that are described in subsection (a) those United States-supported programs, projects, or activities that involve reform of the electoral process, the development of democratic institutions or democratic political parties, or humanitarian assistance (including refugee care and human rights observation). "(e) Waiver Authority. - (1) The President may waive or modify the application, in whole or in part, of any sanction described in subsection (a), the prohibition in subsection (b), or the requirement in subsection (c). "(2) Such a waiver or modification may only be effective upon certification by the President to Congress that the President has determined that the waiver or modification is necessary (A) to meet emergency humanitarian needs, or (B) to achieve a negotiated settlement of the conflict in Bosnia-Herzegovina that is acceptable to the parties."

Presidential Certification To Suspend Sanctions Imposed On The

GOVERNMENT OF SERBIA AND THE GOVERNMENT OF MONTENEGRO Determination of President of the United States, No. 01-7, Dec. 19, 2000, 66 F.R. 1013, provided: Memorandum for the Secretary of Defense [and] the Secretary of the Treasury Pursuant to the authority vested in me by the laws of the United States, including section 1511 of the National Defense Authorization Act for Fiscal Year 1994 (Public Law 103-160) [set out as a note above], I hereby certify to the Congress that I have determined that the waiver of the application of subsections 1511(b) and (c) of Public Law 103-160 is necessary to achieve a negotiated settlement of the conflict in Bosnia-Herzegovina that is acceptable to the parties, to the extent that such provisions apply to the furnishing of assistance to the Government of Serbia and to the support of assistance from international financial institutions to the Government of Serbia and the Government of Montenegro.

Therefore, I hereby waive the application of these provisions with respect to such assistance and support.

The Secretary of Defense is authorized and directed to transmit a copy of this determination to the Congress and arrange for its publication in the Federal Register.

William J. Clinton.

Determination of President of the United States, No. 99-14, Feb. 16, 1999, 64 F.R. 9263, provided: Memorandum for the Secretary of Defense Pursuant to the authority vested in me by the laws of the United States, including section 1511 of the National Defense Authorization Act for Fiscal Year 1994 (Public Law 103-160) [set out as a note above], I hereby certify to the Congress that I have determined that the waiver of the application of the prohibition in section 1511(b) of Public Law 103-160 is necessary to achieve a negotiated settlement of the conflict in Bosnia-Herzegovina that is acceptable to the parties, to the extent that such provision applies to the furnishing of assistance to the Republic of Montenegro.

Therefore, I hereby waive the application of this provision with respect to such assistance.

You are authorized and directed to transmit a copy of this determination to the Congress and arrange for its publication in the Federal Register.

William J. Clinton.

Determination of President of the United States, No. 97-26, May 30, 1997, 62 F.R. 32015, provided: Memorandum for the Secretary of State Pursuant to the authority vested in me by the laws of the United States, including section 1511 of the National Defense Authorization Act for Fiscal Year 1994 (Public Law 103-160) [set out as a note above] and section 540 of the Foreign Operations, Export Financing, and Related Programs Appropriations Act, 1997 (contained in Public Law 104-208 (the "Act")) [formerly set out as a note above], I hereby certify to the Congress that I have determined that the waiver of the application of the prohibition in section 1511(b) of Public Law 103-160 and of the application of section 540(a) of the Act is necessary to achieve a negotiated settlement of the conflict in Bosnia and Herzegovina that is acceptable to the parties, to the extent that such provisions apply to the furnishing of assistance to facilitate destruction of military equipment.

Therefore, I hereby waive the application of these provisions with respect to such assistance.

You are authorized and directed to transmit a copy of this determination to the Congress and arrange for its publication in the Federal Register.

William J. Clinton.

Determination of the President of the United States, No. 96-7, Dec. 27, 1995, 61 F.R. 2887, provided: Memorandum for the Secretary of State, the Secretary of the Treasury [and] the Secretary of Transportation Pursuant to the authority vested in me by section 1511(e)(2) of the National Defense Authorization Act for Fiscal Year 1994 (Public Law 103-160) [set out above] (the "Act"), I hereby determine that the waiver or modification of the sanctions on Serbia and Montenegro that were imposed by or pursuant to the directives described in section 1511(a)(1-5) and (7-8) of the Act, in conformity with the provisions of United Nations Security Council Resolutions 1021 and 1022 of November 22, 1995, is necessary to achieve a negotiated settlement of the conflict in Bosnia-Herzegovina that is acceptable to the parties.

Therefore, I hereby direct the Secretary of the Treasury to take appropriate action to suspend the application of the sanctions imposed on Serbia and Montenegro pursuant to Executive Order No. 12808 of May 30, 1992 [set out below], Executive Order No. 12810 of June 5, 1992 [set out below], Executive Order No. 12831 of January 15, 1993 [set out below], and Executive Order No. 12846 of April 25, 1993 [set out below], effective upon the transmittal of this determination to the Congress.

The property and interests in property previously blocked remain blocked until provision is made to address claims or encumbrances, including the claims of the other successor states of the former Yugoslavia. I hereby direct the Secretary of Transportation to take appropriate action to suspend the application of the sanctions imposed pursuant to Department of Transportation Order 92-5-38 of May 20, 1992, Department of Transportation Order 92-6-27 of June 12, 1992, and Special Federal Aviation Regulation No. 66-2 of May 31, 1995 (14 C.F.R. Part 91, 60 Federal Register 28477), effective upon the transmittal of this determination to the Congress. I hereby authorize the Secretary of State to take appropriate action to suspend the application of the sanctions imposed pursuant to Department of State Public Notice 1427 of July 11, 1991, at the appropriate time in conformity with the provisions of United Nations Security Council Resolution 1021 of November 22, 1995. The national emergency declared in Executive Order No. 12808 [set out below] and expanded in Executive Order No. 12934 [set out below] shall continue in effect.

The Secretary of State is authorized and directed to publish this determination in the Federal Register.

William J. Clinton. -MISC2- IRAN-IRAQ ARMS NON-PROLIFERATION Pub. L. 102-484, div. A, title XVI, Oct. 23, 1992, 106 Stat. 2571, as amended by Pub. L. 104-106, div. A, title XIV, Sec. 1408(a)-(c), Feb. 10, 1996, 110 Stat. 494; Pub. L. 107-228, div. B, title XIII, Sec. 1308(g)(1)(C), Sept. 30, 2002, 116 Stat. 1441, provided that: "SEC. 1601. SHORT TITLE. "This title may be cited as the 'Iran-Iraq Arms Non-Proliferation Act of 1992'. "SEC. 1602. UNITED STATES POLICY. "(a) In General. - It shall be the policy of the United States to oppose, and urgently to seek the agreement of other nations also to oppose, any transfer to Iran or Iraq of any goods or technology, including dual-use goods or technology, wherever that transfer could materially contribute to either country's acquiring chemical, biological, nuclear, or destabilizing numbers and types of advanced conventional weapons. "(b) Sanctions. - (1) In the furtherance of this policy, the President shall apply sanctions and controls with respect to Iran, Iraq, and those nations and persons who assist them in acquiring weapons of mass destruction in accordance with the Foreign Assistance Act of 1961 [22 U.S.C. 2151 et seq.], the Nuclear Non-Proliferation Act of 1978 [22 U.S.C. 3201 et seq.], the Chemical and Biological Weapons Control and Warfare Elimination Act of 1991 [22 U.S.C. 5601 et seq.], chapter 7 of the Arms Export Control Act [22 U.S.C. 2797 et seq.], and other relevant statutes, regarding the non-proliferation of weapons of mass destruction and the means of their delivery. "(2) The President should also urgently seek the agreement of other nations to adopt and institute, at the earliest practicable date, sanctions and controls comparable to those the United States is obligated to apply under this subsection. "(c) Public Identification. - The Congress calls on the President to identify publicly (in the report required by section 1607) any country or person that transfers goods or technology to Iran or Iraq contrary to the policy set forth in subsection (a). "SEC. 1603. APPLICATION TO IRAN OF CERTAIN IRAQ SANCTIONS. "The sanctions against Iraq specified in paragraphs (1) through (4) of section 586G(a) of the Iraq Sanctions Act of 1990 (as contained in Public Law 101-513) [set out below], including denial of export licenses for United States persons and prohibitions on United States Government sales, shall be applied to the same extent and in the same manner with respect to Iran. "SEC. 1604. SANCTIONS AGAINST CERTAIN PERSONS. "(a) Prohibition. - If any person transfers or retransfers goods or technology so as to contribute knowingly and materially to the efforts by Iran or Iraq (or any agency or instrumentality of either such country) to acquire chemical, biological, or nuclear weapons or to acquire destabilizing numbers and types of advanced conventional weapons, then the sanctions described in subsection (b) shall be imposed. "(b) Mandatory Sanctions. - The sanctions to be imposed pursuant to subsection (a) are as follows: "(1) Procurement sanction. - For a period of two years, the United States Government shall not procure, or enter into any contract for the procurement of, any goods or services from the sanctioned person. "(2) Export sanction. - For a period of two years, the United States Government shall not issue any license for any export by or to the sanctioned person. "SEC. 1605. SANCTIONS AGAINST CERTAIN FOREIGN COUNTRIES. "(a) Prohibition. - If the President determines that the government of any foreign country transfers or retransfers goods or technology so as to contribute knowingly and materially to the efforts by Iran or Iraq (or any agency or instrumentality of either such country) to acquire chemical, biological, or nuclear weapons or to acquire destabilizing numbers and types of advanced conventional weapons, then - "(1) the sanctions described in subsection (b) shall be imposed on such country; and "(2) in addition, the President may apply, in the discretion of the President, the sanction described in subsection (c). "(b) Mandatory Sanctions. - Except as provided in paragraph (2), the sanctions to be imposed pursuant to subsection (a)(1) are as follows: "(1) Suspension of united states assistance. - The United States Government shall suspend, for a period of one year, United States assistance to the sanctioned country. "(2) Multilateral development bank assistance. - The Secretary of the Treasury shall instruct the United States Executive Director to each appropriate international financial institution to oppose, and vote against, for a period of one year, the extension by such institution of any loan or financial or technical assistance to the sanctioned country. "(3) Suspension of codevelopment or coproduction agreements. - The United States shall suspend, for a period of one year, compliance with its obligations under any memorandum of understanding with the sanctioned country for the codevelopment or coproduction of any item on the United States Munitions List (established under section 38 of the Arms Export Control Act [22 U.S.C. 2778]), including any obligation for implementation of the memorandum of understanding through the sale to the sanctioned country of technical data or assistance or the licensing for export to the sanctioned country of any component part. "(4) Suspension of military and dual-use technical exchange agreements. - The United States shall suspend, for a period of one year, compliance with its obligations under any technical exchange agreement involving military and dual-use technology between the United States and the sanctioned country that does not directly contribute to the security of the United States, and no military or dual-use technology may be exported from the United States to the sanctioned country pursuant to that agreement during that period. "(5) United states munitions list. - No item on the United States Munitions List (established pursuant to section 38 of the Arms Export Control Act) may be exported to the sanctioned country for a period of one year. "(c) Discretionary Sanction. - The sanction referred to in subsection (a)(2) is as follows: "(1) Use of authorities of international emergency economic powers act. - Except as provided in paragraph (2), the President may exercise, in accordance with the provisions of that Act [50 U.S.C. 1701 et seq.], the authorities of the International Emergency Economic Powers Act with respect to the sanctioned country. "(2) Exception. - Paragraph (1) does not apply with respect to urgent humanitarian assistance. "SEC. 1606. WAIVER. "The President may waive the requirement to impose a sanction described in section 1603, in the case of Iran, or a sanction described in section 1604(b) or 1605(b), in the case of Iraq and Iran, 15 days after the President determines and so reports to the Committees on Armed Services and Foreign Relations of the Senate and the Committees on Armed Services and Foreign Affairs [now Committee on International Relations] of the House of Representatives that it is essential to the national interest of the United States to exercise such waiver authority.

Any such report shall provide a specific and detailed rationale for such determination. "SEC. 1607. REPORTING REQUIREMENT. "[(a) Repealed.

Pub. L. 107-228, div. B, title XIII, Sec. 1308(g)(1)(C), Sept. 30, 2002, 116 Stat. 1441.] "(b) Report on Individual Transfers. - Whenever the President determines that a person or foreign government has made a transfer which is subject to any sanction under this title, the President shall, within 30 days after such transfer, submit to the Committees on Armed Services and Foreign Relations of the Senate and the Committees on Armed Services and Foreign Affairs [now Committee on International Relations] of the House of Representatives a report - "(1) identifying the person or government and providing the details of the transfer; and "(2) describing the actions the President intends to undertake or has undertaken under the provisions of this title with respect to each such transfer. "(c) Form of Transmittal. - Reports required by this section may be submitted in classified as well as in unclassified form. "SEC. 1608. DEFINITIONS. "For purposes of this title: "(1) The term 'advanced conventional weapons' includes - "(A) such long-range precision-guided munitions, fuel air explosives, cruise missiles, low observability aircraft, other radar evading aircraft, advanced military aircraft, military satellites, electromagnetic weapons, and laser weapons as the President determines destabilize the military balance or enhance offensive capabilities in destabilizing ways; "(B) such advanced command, control, and communications systems, electronic warfare systems, or intelligence collection systems as the President determines destabilize the military balance or enhance offensive capabilities in destabilizing ways; and "(C) such other items or systems as the President may, by regulation, determine necessary for purposes of this title. "(2) The term 'cruise missile' means guided missiles that use aerodynamic lift to offset gravity and propulsion to counteract drag. "(3) The term 'goods or technology' means - "(A) any article, natural or manmade substance, material, supply, or manufactured product, including inspection and test equipment; and "(B) any information and know-how (whether in tangible form, such as models, prototypes, drawings, sketches, diagrams, blueprints, or manuals, or in intangible form, such as training or technical services) that can be used to design, produce, manufacture, utilize, or reconstruct goods, including computer software and technical data. "(4) The term 'person' means any United States or foreign individual, partnership, corporation, or other form of association, or any of their successor entities, parents, or subsidiaries. "(5) The term 'sanctioned country' means a country against which sanctions are required to be imposed pursuant to section 1605. "(6) The term 'sanctioned person' means a person that makes a transfer described in section 1604(a). "(7) The term 'United States assistance' means - "(A) any assistance under the Foreign Assistance Act of 1961 (22 U.S.C. 2151 et seq.), other than urgent humanitarian assistance or medicine; "(B) sales and assistance under the Arms Export Control Act [22 U.S.C. 2751 et seq.]; "(C) financing by the Commodity Credit Corporation for export sales of agricultural commodities; and "(D) financing under the Export-Import Bank Act [of 1945] [22 U.S.C. 635 et seq.]." [Memorandum of President of the United States, Sept. 27, 1994, 59 F.R. 50685, delegated to Secretary of State, in consultation with heads of other departments and agencies, all functions vested in President under title XVI of Pub. L. 102-484, set out above, without limitation of authority of other officials to exercise powers heretofore or hereafter delegated to them to implement sanctions imposed or actions directed by the Secretary pursuant to this delegation of authority.] PAYMENT OF CLAIMS BY UNITED STATES NATIONALS AGAINST IRAQ Pub. L. 101-519, Sec. 131, Nov. 5, 1990, 104 Stat. 2249, which authorized President to vest title in a portion of property in which transactions were blocked pursuant to Executive Order 12722 in order to satisfy obligations owed to United States Government and United States nationals for which Iraq had suspended repayment, was repealed by Pub. L. 102-27, title IV, Sec. 402(a), Apr. 10, 1991, 105 Stat. 155, as amended by Pub. L. 102-136, Sec. 126, Oct. 25, 1991, 105 Stat. 643, effective Nov. 5, 1990. IRAQ SANCTIONS Pub. L. 101-513, title V, Secs. 586-586J, Nov. 5, 1990, 104 Stat. 2047-2054, provided that: "SEC. 586. SHORT TITLE. "Sections 586 through 586J of this Act may be cited as the 'Iraq Sanctions Act of 1990'. "SEC. 586A. DECLARATIONS REGARDING IRAQ'S INVASION OF KUWAIT. "The Congress - "(1) condemns Iraq's invasion of Kuwait on August 2, 1990; "(2) supports the actions that have been taken by the President in response to that invasion; "(3) calls for the immediate and unconditional withdrawal of Iraqi forces from Kuwait; "(4) supports the efforts of the United Nations Security Council to end this violation of international law and threat to international peace; "(5) supports the imposition and enforcement of multilateral sanctions against Iraq; "(6) calls on United States allies and other countries to support fully the efforts of the United Nations Security Council, and to take other appropriate actions, to bring about an end to Iraq's occupation of Kuwait; and "(7) condemns the brutal occupation of Kuwait by Iraq and its gross violations of internationally recognized human rights in Kuwait, including widespread arrests, torture, summary executions, and mass extrajudicial killings. "SEC. 586B. CONSULTATIONS WITH CONGRESS. "The President shall keep the Congress fully informed, and shall consult with the Congress, with respect to current and anticipated events regarding the international crisis caused by Iraq's invasion of Kuwait, including with respect to United States actions. "SEC. 586C. TRADE EMBARGO AGAINST IRAQ. "(a) Continuation of Embargo. - Except as otherwise provided in this section, the President shall continue to impose the trade embargo and other economic sanctions with respect to Iraq and Kuwait that the United States is imposing, in response to Iraq's invasion of Kuwait, pursuant to Executive Orders Numbered 12724 and 12725 [set out below] (August 9, 1990) and, to the extent they are still in effect, Executive Orders Numbered 12722 and 12723 [set out below] (August 2, 1990). Notwithstanding any other provision of law, no funds, credits, guarantees, or insurance appropriated or otherwise made available by this or any other Act for fiscal year 1991 or any fiscal year thereafter shall be used to support or administer any financial or commercial operation of any United States Government department, agency, or other entity, or of any person subject to the jurisdiction of the United States, for the benefit of the Government of Iraq, its agencies or instrumentalities, or any person working on behalf of the Government of Iraq, contrary to the trade embargo and other economic sanctions imposed in accordance with this section. "(b) Humanitarian Assistance. - To the extent that transactions involving foodstuffs or payments for foodstuffs are exempted 'in humanitarian circumstances' from the prohibitions established by the United States pursuant to United Nations Security Council Resolution 661 (1990), those exemptions shall be limited to foodstuffs that are to be provided consistent with United Nations Security Council Resolution 666 (1990) and other relevant Security Council resolutions. "(c) Notice to Congress of Exceptions to and Termination of Sanctions. - "(1) Notice of regulations. - Any regulations issued after the date of enactment of this Act [Nov. 5, 1990] with respect to the economic sanctions imposed with respect to Iraq and Kuwait by the United States under Executive Orders Numbered 12722 and 12723 (August 2, 1990) and Executive Orders Numbered 12724 and 12725 (August 9, 1990) shall be submitted to the Congress before those regulations take effect. "(2) Notice of termination of sanctions. - The President shall notify the Congress at least 15 days before the termination, in whole or in part, of any sanction imposed with respect to Iraq or Kuwait pursuant to those Executive orders. "(d) Relation to Other Laws. - "(1) Sanctions legislation. - The sanctions that are described in subsection (a) are in addition to, and not in lieu of the sanctions provided for in section 586G of this Act or any other provision of law. "(2) National emergencies and united nations legislation. - Nothing in this section supersedes any provision of the National Emergencies Act [50 U.S.C. 1601 et seq.] or any authority of the President under the International Emergency Economic Powers Act [50 U.S.C. 1701 et seq.] or section 5(a) of the United Nations Participation Act of 1945 [22 U.S.C. 287c(a)]. "SEC. 586D. COMPLIANCE WITH UNITED NATIONS SANCTIONS AGAINST IRAQ. "(a) Denial of Assistance. - None of the funds appropriated or otherwise made available pursuant to this Act [see Tables for classification] to carry out the Foreign Assistance Act of 1961 [22 U.S.C. 2151 et seq.] (including title IV of chapter 2 of part I [22 U.S.C. 2191 et seq.], relating to the Overseas Private Investment Corporation) or the Arms Export Control Act [22 U.S.C. 2751 et seq.] may be used to provide assistance to any country that is not in compliance with the United Nations Security Council sanctions against Iraq unless the President determines and so certifies to the Congress that - "(1) such assistance is in the national interest of the United States; "(2) such assistance will directly benefit the needy people in that country; or "(3) the assistance to be provided will be humanitarian assistance for foreign nationals who have fled Iraq and Kuwait. "(b) Import Sanctions. - If the President considers that the taking of such action would promote the effectiveness of the economic sanctions of the United Nations and the United States imposed with respect to Iraq, and is consistent with the national interest, the President may prohibit, for such a period of time as he considers appropriate, the importation into the United States of any or all products of any foreign country that has not prohibited - "(1) the importation of products of Iraq into its customs territory, and "(2) the export of its products to Iraq. "SEC. 586E. PENALTIES FOR VIOLATIONS OF EMBARGO. "Notwithstanding section 206 of the International Emergency Economic Powers Act (50 U.S.C. 1705) and section 5(b) of the United Nations Participation Act of 1945 (22 U.S.C. 287c(b)) - "(1) a civil penalty of not to exceed $250,000 may be imposed on any person who, after the date of enactment of this Act [Nov. 5, 1990], violates or evades or attempts to violate or evade Executive Order Numbered 12722, 12723, 12724, or 12725 [set out below] or any license, order, or regulation issued under any such Executive order; and "(2) whoever, after the date of enactment of this Act, willfully violates or evades or attempts to violate or evade Executive Order Numbered 12722, 12723, 12724, or 12725 or any license, order, or regulation issued under any such Executive order - "(A) shall, upon conviction, be fined not more than $1,000,000, if a person other than a natural person; or "(B) if a natural person, shall, upon conviction, be fined not more than $1,000,000, be imprisoned for not more than 12 years, or both. Any officer, director, or agent of any corporation who knowingly participates in a violation, evasion, or attempt described in paragraph (2) may be punished by imposition of the fine or imprisonment (or both) specified in subparagraph (B) of that paragraph. "SEC. 586F. DECLARATIONS REGARDING IRAQ'S LONG-STANDING VIOLATIONS OF INTERNATIONAL LAW. "(a) Iraq's Violations of International Law. - The Congress determines that - "(1) the Government of Iraq has demonstrated repeated and blatant disregard for its obligations under international law by violating the Charter of the United Nations, the Protocol for the Prohibition of the Use in War of Asphyxiating, Poisonous or Other Gases, and of Bacteriological Methods of Warfare (done at Geneva, June 17, 1925), as well as other international treaties; "(2) the Government of Iraq is a party to the International Covenant on Civil and Political Rights and the International Covenant on Economic, Social, and Cultural Rights and is obligated under the Covenants, as well as the Universal Declaration of Human Rights, to respect internationally recognized human rights; "(3) the State Department's Country Reports on Human Rights Practices for 1989 again characterizes Iraq's human rights record as 'abysmal'; "(4) Amnesty International, Middle East Watch, and other independent human rights organizations have documented extensive, systematic, and continuing human rights abuses by the Government of Iraq, including summary executions, mass political killings, disappearances, widespread use of torture, arbitrary arrests and prolonged detention without trial of thousands of political opponents, forced relocation and deportation, denial of nearly all civil and political rights such as freedom of association, assembly, speech, and the press, and the imprisonment, torture, and execution of children; "(5) since 1987, the Government of Iraq has intensified its severe repression of the Kurdish minority of Iraq, deliberately destroyed more than 3,000 villages and towns in the Kurdish regions, and forcibly expelled more than 500,000 people, thus effectively depopulating the rural areas of Iraqi Kurdistan; "(6) Iraq has blatantly violated international law by initiating use of chemical weapons in the Iran-Iraq war; "(7) Iraq has also violated international law by using chemical weapons against its own Kurdish citizens, resulting in tens of thousands of deaths and more than 65,000 refugees; "(8) Iraq continues to expand its chemical weapons capability, and President Saddam Hussein has threatened to use chemical weapons against other nations; "(9) persuasive evidence exists that Iraq is developing biological weapons in violation of international law; "(10) there are strong indications that Iraq has taken steps to produce nuclear weapons and has attempted to smuggle from the United States, in violation of United States law, components for triggering devices used in nuclear warheads whose manufacture would contravene the Treaty on the Non-Proliferation of Nuclear Weapons, to which Iraq is a party; and "(11) Iraqi President Saddam Hussein has threatened to use terrorism against other nations in violation of international law and has increased Iraq's support for the Palestine Liberation Organization and other Palestinian groups that have conducted terrorist acts. "(b) Human Rights Violations. - The Congress determines that the Government of Iraq is engaged in a consistent pattern of gross violations of internationally recognized human rights.

All provisions of law that impose sanctions against a country whose government is engaged in a consistent pattern of gross violations of internationally recognized human rights shall be fully enforced against Iraq. "(c) Support for International Terrorism. - (1) The Congress determines that Iraq is a country which has repeatedly provided support for acts of international terrorism, a country which grants sanctuary from prosecution to individuals or groups which have committed an act of international terrorism, and a country which otherwise supports international terrorism.

The provisions of law specified in paragraph (2) and all other provisions of law that impose sanctions against a country which has repeatedly provided support for acts of international terrorism, which grants sanctuary from prosecution to an individual or group which has committed an act of international terrorism, or which otherwise supports international terrorism shall be fully enforced against Iraq. "(2) The provisions of law referred to in paragraph (1) are - "(A) section 40 of the Arms Export Control Act [22 U.S.C. 2780]; "(B) section 620A of the Foreign Assistance Act of 1961 [22 U.S.C. 2371]; "(C) sections 555 and 556 of this Act [104 Stat. 2021, 2022] (and the corresponding sections of predecessor foreign operations appropriations Acts); and "(D) section 555 of the International Security and Development Cooperation Act of 1985 [99 Stat. 227]. "(d) Multilateral Cooperation. - The Congress calls on the President to seek multilateral cooperation - "(1) to deny dangerous technologies to Iraq; "(2) to induce Iraq to respect internationally recognized human rights; and "(3) to induce Iraq to allow appropriate international humanitarian and human rights organizations to have access to Iraq and Kuwait, including the areas in northern Iraq traditionally inhabited by Kurds. "SEC. 586G. SANCTIONS AGAINST IRAQ. "(a) Imposition. - Except as provided in section 586H, the following sanctions shall apply with respect to Iraq: "(1) FMS sales. - The United States Government shall not enter into any sale with Iraq under the Arms Export Control Act [22 U.S.C. 2751 et seq.]. "(2) Commercial arms sales. - Licenses shall not be issued for the export to Iraq of any item on the United States Munitions List. "(3) Exports of certain goods and technology. - The authorities of section 6 of the Export Administration Act of 1979 (50 U.S.C. App. 2405) shall be used to prohibit the export to Iraq of any goods or technology listed pursuant to that section or section 5(c)(1) of that Act (50 U.S.C. App. 2404(c)(1)) on the control list provided for in section 4(b) of that Act (50 U.S.C. App. 2403(b)). "(4) Nuclear equipment, materials, and technology. - "(A) NRC licenses. - The Nuclear Regulatory Commission shall not issue any license or other authorization under the Atomic Energy Act of 1954 (42 U.S.C. 2011 and following) for the export to Iraq of any source or special nuclear material, any production or utilization facility, any sensitive nuclear technology, any component, item, or substance determined to have significance for nuclear explosive purposes pursuant to section 109b. of the Atomic Energy Act of 1954 (42 U.S.C. 2139(b)), or any other material or technology requiring such a license or authorization. "(B) Distribution of nuclear materials. - The authority of the Atomic Energy Act of 1954 shall not be used to distribute any special nuclear material, source material, or byproduct material to Iraq. "(C) DOE authorizations. - The Secretary of Energy shall not provide a specific authorization under section 57b.(2) of the Atomic Energy Act of 1954 (42 U.S.C. 2077(b)(2)) for any activity that would constitute directly or indirectly engaging in Iraq in activities that require a specific authorization under that section. "(5) Assistance from international financial institutions. - The United States shall oppose any loan or financial or technical assistance to Iraq by international financial institutions in accordance with section 701 of the International Financial Institutions Act (22 U.S.C. 262d). "(6) Assistance through the export-import bank. - Credits and credit guarantees through the Export-Import Bank of the United States shall be denied to Iraq. "(7) Assistance through the commodity credit corporation. - Credit, credit guarantees, and other assistance through the Commodity Credit Corporation shall be denied to Iraq. "(8) Foreign assistance. - All forms of assistance under the Foreign Assistance Act of 1961 (