To impose certain sanctions on foreign persons
who transfer items contributing to Iran's
efforts to acquire, develop, or
produce ballistic missiles.
IN THE HOUSE OF REPRESENTATIVES
October 23, 1997
Mr. GILMAN (for himself, Mr. GINGRICH, Mr. BOEHNER, Mr. COX of California,
Mr. SOLOMON, Mr. HYDE, Ms. ROS-LEHTINEN, Mr.ROHRABACHER, Mr. KING, Mr. CHABOT, Mr. FOX of
Pennsylvania, Mr. WELLER, Mr. SAXTON, Mr. NETHERCUTT, Mr. DEUTSCH, Mr. SCHUMER, Mr.
GUTIERREZ, and Mr. BORSKI) introduced the following bill; which was referred to the
Committee on International Relations
A BILL
To impose certain sanctions on foreign persons who transfer items
contributing to Iran's efforts to acquire, develop, or produceballistic missiles.
Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the `Iran Missile Proliferation Sanctions Act of
1997'.
SEC. 2. REPORTS ON MISSILE PROLIFERATION TO IRAN.
(a) REPORTS- Except as provided in subsection (c), 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 August 8, 1995--(1) transferred goods or
technology, or provided technical assistance or facilities, that contributed to Iran's
efforts to acquire, develop, or produce ballistic missiles; or (2) attempted to transfer
goods or technology, or attempted to provide technical assistance or facilities, that
would have contributed to Iran's efforts to acquire, develop, or produce ballistic
missiles.
(b) TIMING OF REPORTS- The reports under subsection (a) shall be submitted
not later than 30 days after the date of the enactment of this Act, not later than 180
days after such date of enactment, not later than 1 year after such date of enactment, and
not later than the end of each 1-year period thereafter.
(c) EXCEPTIONS FOR PERSONS PREVIOUSLY IDENTIFIED OR SANCTIONED ORSUBJECT
TO WAIVER- Any foreign person who--(1) was identified in a previous report submitted under
subsection (a) on account of a particular transfer, transaction, or attempt, (2) has
engaged in a transfer or transaction that was the basis for the imposition of sanctions
with respect to that person under section 73 of the Arms Export Control Act or section
1604 of the Iran-Iraq Arms Non-Proliferation Act of 1992, or (3) may have engaged in a
transfer or transaction, or made an attempt, that was the subject of a waiver under
section 4, is not required to be identified on account of that same transfer, transaction,
or attempt in any report submitted thereafter under this section.
SEC. 3. IMPOSITION OF SANCTIONS.
(a) REQUIREMENT TO IMPOSE SANCTIONS-
(1) REQUIREMENT TO IMPOSE SANCTIONS- The sanctions described in subsection
(b) shall be imposed on--(A) any person identified under subsection (a)(1) ofsection 2 in
a report submitted under that section, and (B) any person identified under subsection
(a)(2) of section 2 in a report submitted under that section, if that person has been
identified in that report or a previous report as having made at least 1 other attempt
described in subsection (a)(2) of that section.
(2) EFFECTIVE DATE OF SANCTIONS- The sanctions shall be effective--
(A) 30 days after the report triggering the sanction is submitted, if the
report is submitted on or before the date required by section 2(b);
(B) 30 days after the date required by section 2(b) for submitting the
report, if the report triggering the sanction is submitted within 30 days after that date;
and
(C) on the date that the report triggering the sanction is submitted, if
that report is submitted more than 30 daysafter the date required by section 2(b).
(b) DESCRIPTION OF SANCTIONS-
The sanctions referred to in subsection (a) that are to be imposed on a
foreign person described in that subsection are the following:
(1) ARMS EXPORT SANCTION- For a period of not less than 2 years, the
United States Government shall not sell to thatperson any item on the United States
Munitions List as in effect on August 8, 1995, and shall terminate sales to that person of
any defense articles, defense services, or design and construction services under the Arms
Export Control Act.
(2) DUAL USE SANCTION- For a period of not less than 2 years, the
authorities of section 6 of the Export Administration Act of 1979 shall be used to
prohibit the export of any goods or technology on the control list established under
section 5(c)(1) of that Act to that person.
(3) UNITED STATES ASSISTANCE- For a period of not less than 2 years, the
United States Government shall not provide any assistance in the form of grants, loans,
credits, guarantees, or otherwise, to that person.
SEC. 4. WAIVER ON BASIS OF ADDITIONAL INFORMATION.
(a) IN GENERAL- The President may waive the imposition of any sanction
that would otherwise be required under section 3 on any foreign person 15 days after the
President determines and reports to the Committee on International Relations of the House
of Representatives and the Committee on Foreign Relations of the Senate that, on the basis
of information provided by that person, or otherwise obtained by the President, the
President is persuaded that the person did not, on or after August 8, 1995--
(1) transfer goods or technology, or provide technical assistance or
facilities, that contributed to Iran's efforts to acquire, develop, or produce ballistic
missiles; or
(2) attempt on more than one occasion to transfer goods or technology, or
to provide technical assistance or facilities, that would have contributed to Iran's
efforts to acquire, develop, or produce ballistic missiles.
(b) WRITTEN JUSTIFICATION- The determination and report of the President
under subsection (a) shall include a written justification describing in detail--
(1) the credible information indicating that the person transferred or
attempted to transfer goods or technology, orprovided or attempted to provide technical
assistance or facilities to Iran;
(2) the additional information which persuaded the President that the
person did not transfer or attempt to transfer goods or technology, or provide or attempt
to provide technical assistance or facilities to Iran; and
(3) the analysis of the information supporting the President's conclusion.
(c) SUBMISSION IN CLASSIFIED FORM- When the President considers it
appropriate, the determination and report 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. WAIVER ON BASIS OF NATIONAL SECURITY.
(a) IN GENERAL- The President may waive the imposition of any sanction
that would otherwise be required under section 3 on any foreign person 15 days after the
President determines and reports to the Committee on International Relations of the House
of Representatives and the Committee on Foreign Relations of the Senate that such waiver
is essential to the national security of the United States.
(b) WRITTEN JUSTIFICATION- The determination and report of the President
under subsection (a) shall include a written
justification describing in detail the facts and circumstances supporting the President's
conclusion.
(c) SUBMISSION IN CLASSIFIED FORM- When the President considers it
appropriate, the written justification under subsection (b), or appropriate parts thereof,
may be submitted in classified form.
SEC. 6. ADDITIONAL INFORMATION REGARDING ACTIONS BY GOVERNMENT OF
PRIMARY JURISDICTION.
As part of each report submitted under section 2, the President shall
include the following information with respect to each foreign person identified in that
report:
(1) A statement regarding whether the government of primary jurisdiction
over that person was aware of the activities that were the basis for the identification of
that person in the report.
(2) If the government of primary jurisdiction was not aware of the
activities that were the basis for the identification of that person in the report, an
explanation of the reasons why the United States Government did not inform that government
of those activities.
(3) If the government of primary jurisdiction was aware of the activities
that were the basis for the identification of that person in the report, a description of
the efforts, if any, undertaken by that government to prevent those activities, and an
assessment of the effectiveness of those efforts,including an explanation of why those
efforts failed.
(4) If the government of primary jurisdiction was aware of the activities
that were the basis for the identification of that person in the report and failed to
undertake effective efforts to prevent those activities, a description of any sanctions
that have been imposed on that government by the United States Government because of such
failure.
SEC. 7. DEFINITIONS.
For the purposes of this Act--
(1) 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 or subsidiary of any entity described in subparagraph
(B) or (C); and
(2) the term `government of primary jurisdiction' means--
(A) in the case of a natural person, the foreign government of the country
of which the person is a citizen or national;
(B) in the case of an entity described in subparagraph (B) of paragraph
(1) or any successor or subsidiary of such entity, the foreign government of the country
in which the entity has its principal place of business, or the foreign government under
whose laws that entity is organized; and
(C) in the case of a foreign governmental entity described in subparagraph
(C) of paragraph (1) or any successor or subsidiary of such entity, the foreign government
of which that entity is a part.
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Copyright
© 1997-1998 Iranian Trade Association. All rights
reserved. Information in this document is subject
to change without notice. Other products and companies
referred to herein are trademarks or registered trademarks
of their respective companies or mark holders.
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