[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[H.R. 364 Introduced in House (IH)]

111th CONGRESS
  1st Session
                                H. R. 364

To restrict nuclear cooperation with the United Arab Emirates, and for 
                            other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                            January 9, 2009

 Ms. Ros-Lehtinen (for herself, Mr. Royce, Mr. Sherman, Mr. Markey of 
Massachusetts, Mr. Fortenberry, Mr. Burton of Indiana, Mr. Boozman, and 
Mr. Wilson of South Carolina) introduced the following bill; which was 
              referred to the Committee on Foreign Affairs

_______________________________________________________________________

                                 A BILL


 
To restrict nuclear cooperation with the United Arab Emirates, and for 
                            other purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Limitation on Nuclear Cooperation 
with the United Arab Emirates Act of 2009''.

SEC. 2. DEFINITIONS.

    In this Act:
            (1) Appropriate congressional committees.--The term 
        ``appropriate congressional committees'' means--
                    (A) the Committee on Foreign Affairs of the House 
                of Representatives; and
                    (B) the Committee on Foreign Relations of the 
                Senate.
            (2) Government of the united arab emirates.--
                    (A) In general.--The term ``Government of the 
                United Arab Emirates'' includes the government of any 
                subdivision of the United Arab Emirates, and any agency 
                or instrumentality of the Government of the United Arab 
                Emirates.
                    (B) Agency or instrumentality.--For purposes of 
                subparagraph (A), the term ``agency or instrumentality 
                of the Government of the United Arab Emirates'' means 
                an agency or instrumentality of a foreign state as 
                defined in section 1603(b) of title 28, United States 
                Code, with each reference in such section to ``a 
                foreign state'' deemed to be a reference to ``the 
                United Arab Emirates''.
            (3) Government of iran.--
                    (A) In general.--The term ``Government of Iran'' 
                includes the government of any subdivision of Iran, and 
                any agency or instrumentality of the Government of 
                Iran.
                    (B) Agency or instrumentality.--For purposes of 
                subparagraph (A), the term ``agency or instrumentality 
                of the Government of Iran'' means an agency or 
                instrumentality of a foreign state as defined in 
                section 1603(b) of title 28, United States Code, with 
                each reference in such section to ``a foreign state'' 
                deemed to be a reference to ``Iran''.
            (4) National of the united arab emirates.--The term 
        ``national of the United Arab Emirates'' means--
                    (A) any citizen of the United Arab Emirates; or
                    (B) any other legal entity that is organized under 
                the laws of the United Arab Emirates.
            (5) National of iran.--The term ``national of Iran'' 
        means--
                    (A) any citizen of Iran; or
                    (B) any other legal entity that is organized under 
                the laws of Iran.

SEC. 3. RESTRICTION ON NUCLEAR COOPERATION WITH THE UNITED ARAB 
              EMIRATES.

    (a) Restriction on Nuclear Cooperation Agreement.--Notwithstanding 
any other provision of law or any international agreement, no agreement 
for cooperation between the United States of America and the United 
Arab Emirates pursuant to section 123 of the Atomic Energy Act of 1954 
(42 U.S.C. 2153) may enter into force on or after the date of the 
enactment of this Act unless not less than 30 legislative days prior to 
such entry into force the President certifies to the appropriate 
congressional committees that the requirements of subsection (c) have 
been met.
    (b) Restriction on Exports of Nuclear Material, Equipment, or 
Technology.--No license may be issued for the export of nuclear 
material, equipment, or technology to the United Arab Emirates pursuant 
to an agreement for cooperation between the United States of America 
and the United Arab Emirates pursuant to section 123 of the Atomic 
Energy Act of 1954 (42 U.S.C. 2153) for any fiscal year beginning after 
the date of the enactment of this Act unless not less than 30 
legislative days prior to the issuance of such license the President 
certifies to the appropriate congressional committees for such fiscal 
year that the requirements of subsection (c) have been met.
    (c) Requirements.--The requirements referred to in this subsection 
are the following:
            (1) The Government of the United Arab Emirates has taken, 
        and is continuing to take, effective actions to prohibit, 
        terminate, and prevent the transfer of goods, services, or 
        technology to the Government of Iran, including fully 
        implementing United Nations Security Council sanctions against 
        Iran.
            (2) For the preceding 12-month period--
                    (A) there has been no cooperation with respect to 
                any activity described in paragraph (1) between the 
                Government of the United Arab Emirates and the 
                Government of Iran, any national of Iran, or any 
                Iranian-controlled entity based on all credible 
                information available to the United States at the time 
                of the certification;
                    (B)(i) there has been no cooperation with respect 
                to any activity described in paragraph (1) between any 
                national of the United Arab Emirates and the Government 
                of Iran, any national of Iran, or any Iranian-
                controlled entity based on all credible information 
                available to the United States at the time of the 
                certification; or
                    (ii) the Government of the United Arab Emirates 
                has--
                            (I) terminated all cooperation between any 
                        such United Arab Emirates national and the 
                        Government of Iran, any such Iranian national, 
                        or any such Iranian-controlled entity;
                            (II) instituted effective measures to 
                        prevent a reoccurrence of any such cooperation; 
                        and
                            (III) prosecuted any such United Arab 
                        Emirates national; and
                    (C) the Government of the United Arab Emirates has 
                not engaged in or condoned activities that violate--
                            (i) the Iran Sanctions Act of 1996, 
                        including Executive Orders 12957, 12959, 13059 
                        and other executive orders issued pursuant to 
                        such Act;
                            (ii) the Iran, North Korea, and Syria 
                        Nonproliferation Act; and
                            (iii) other provisions of applicable United 
                        States law.
            (3) The Government of the United Arab Emirates--
                    (A) has developed and fully implemented an export 
                control regime in accordance with international 
                standards;
                    (B) has developed and implemented the appropriate 
                or necessary legislative and functional actions to 
                target the logistical and financial networks that 
                support terrorist organizations; and
                    (C) has cooperated with the United States in 
                identifying, preventing, disrupting and, where 
                appropriate, prosecuting entities and individuals that 
                assist Iran's procurement of goods, services, or 
                technology, and entities affiliated with the Iranian 
                Revolutionary Guard Corps.
    (d) Goods, Services, or Technology Defined.--
            (1) In general.--Except as provided in paragraph (2), in 
        this section, the term ``goods, services, or technology'' 
        means--
                    (A) goods, services, or technology listed on--
                            (i)(I) 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. 8/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. 
                        7/Part 2, and subsequent revisions);
                            (II) the Missile Technology Control Regime 
                        Equipment and Technology Annex of June 11, 
                        1996, and subsequent revisions;
                            (III) the lists of items and substances 
                        relating to biological and chemical weapons the 
                        export of which is controlled by the Australia 
                        Group;
                            (IV) 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;
                            (V) the Wassenaar Arrangement list of Dual 
                        Use Goods and Technologies and Munitions list 
                        of July 12, 1996, and subsequent revisions;
                            (VI) the United States Munitions List under 
                        section 38 of the Arms Export Control Act (22 
                        U.S.C. 2778) for which special export controls 
                        are warranted under such Act (22 U.S.C. 2751 3 
                        et seq.); or
                            (VII) the Commerce Control List maintained 
                        under part 774 of title 15, Code of Federal 
                        Regulations; or
                    (B) goods, services, or technology not listed on 
                any list identified in subparagraph (A) 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.
            (2) Exclusion.--The term ``goods, services, or technology'' 
        does not include goods, services, or technology that are 
        directly related to the operation of the Bushehr nuclear power 
        reactor.
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