[Congressional Bills 105th Congress]
[From the U.S. Government Publishing Office]
[S. 1311 Introduced in Senate (IS)]







105th CONGRESS
  1st Session
                                S. 1311

   To impose certain sanctions on foreign persons who transfer items 
    contributing to Iran's efforts to acquire, develop, or produce 
                          ballistic missiles.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                            October 23, 1997

  Mr. Lott (for himself, Mr. Lieberman, Mr. McConnell, Mr. Reid, Mr. 
D'Amato, Mrs. Boxer, Mr. Coverdell, Mr. Helms, Mr. Durbin, Mr. McCain, 
 Mr. Brownback, Mr. Bennett, Mr. Campbell, Mr. Feingold, Mr. Mack, Mr. 
 Shelby, Mr. Wyden, Mr. Hutchinson, Mrs. Feinstein, Mr. Hollings, Ms. 
Mikulski, Mr. Nickles, Mr. Cleland, Mr. Inouye, Mr. Dorgan, Mr. Bryan, 
  Mr. Abraham, and Mr. Reed) introduced the following bill; which was 
     read twice and referred to the Committee on Foreign Relations

_______________________________________________________________________

                                 A BILL


 
   To impose certain sanctions on foreign persons who transfer items 
    contributing to Iran's efforts to acquire, develop, or produce 
                          ballistic 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), at the times 
specified in subsection (b), the President shall 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 
evidence 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 360 days after such date of enactment, and annually 
thereafter.
    (c) Exception for Persons Previously Identified or Sanctioned or 
Subject to Waiver.--Any person who--
            (1) was identified in a previous report submitted pursuant 
        to subsection (a);
            (2) has engaged in a transfer or transaction that was the 
        basis for the imposition of sanctions with respect to that 
        person pursuant to 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 pursuant to 
        section 4,
is not required to be identified on account of that same transfer, 
transaction, or attempt, in any report thereafter submitted pursuant to 
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 foreign person identified under subsection 
                (a)(1) of section 2 in a report submitted pursuant to 
                that section; and
                    (B) any foreign person identified under subsection 
                (a)(2) of section 2 in a report submitted pursuant to 
                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 date on which 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) immediately after the report triggering the 
                sanction is submitted, if that report is submitted more 
                than 30 days after 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 that 
        person any item on the United States Munitions List as of 
        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 
        pursuant to 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.

    The President may waive the imposition of any sanction that 
otherwise would be required to be imposed pursuant to 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 the 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.

SEC. 5. ADDITIONAL INFORMATION REGARDING ACTIONS BY GOVERNMENT OF 
              PRIMARY JURISDICTION.

    As part of each report submitted pursuant to section 2, the 
President shall include the following information with respect to each 
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 individual 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 individual 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 individual 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 individual 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. 6. DEFINITIONS.

    In this Act:
            (1) Government of primary jurisdiction.--The term 
        ``government of primary jurisdiction'' means the government 
        under whose laws a foreign person is organized, or the 
        government of the place where a foreign person is headquartered 
        or habitually resides.
            (2) Foreign person.--The term ``foreign person'' means a 
        natural person as well as a corporation, business association, 
        partnership, society, trust, any other nongovernmental entity, 
        organization, or group, and any governmental entity operating 
        as a business enterprise, and any successor or subsidiary of 
        any such entity that is organized, headquartered, or habitually 
        resides outside the United States.
                                 <all>