[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4436 Introduced in House (IH)]

111th CONGRESS
  2d Session
                                H. R. 4436

To direct the Secretary of State to submit to Congress an annual report 
on exports of weapons and related services by the Government of Belarus 
            and Belarusian enterprises and related matters.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                            January 13, 2010

Ms. Ros-Lehtinen (for herself, Mr. McCotter, Mr. Gallegly, Mr. Smith of 
New Jersey, Mr. Burton of Indiana, Mr. Mack, Mr. Inglis, Mr. Wolf, Mr. 
   Linder, and Mr. Lamborn) introduced the following bill; which was 
              referred to the Committee on Foreign Affairs

_______________________________________________________________________

                                 A BILL


 
To direct the Secretary of State to submit to Congress an annual report 
on exports of weapons and related services by the Government of Belarus 
            and Belarusian enterprises and related matters.

    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 ``Belarus Arms Transfers 
Accountability Act of 2009''.

SEC. 2. FINDINGS.

    Congress finds the following:
            (1) The Congressional Research Service has estimated that 
        Belarus exported arms officially valued at $1,000,000,000 
        between 1999 and 2006, making it the eleventh largest exporter 
        of arms in the world.
            (2) According to some reports the actual value of arms 
        exports by Belarus may exceed such totals, since public 
        agreements for arms sales by Belarus may not include secret 
        agreements made by officials of the Government of Belarus and 
        its state-owned entities. In a report to Congress in March 
        2006, the Department of State reported that ``. . . many arms 
        sales [from Belarus] are made without consideration by relevant 
        security organs of the Belarusian government''.
            (3) In a report to Congress in March 2006, submitted in 
        accordance with the Belarus Democracy Act of 2004 (Public Law 
        108-347), the Department of State reported the following:
                    (A) ``Belarus has continued to export significant 
                quantities of defense articles, dual-use items and 
                other military equipment and technology.''.
                    (B) ``There have been numerous reports of 
                Belarusian sales or delivery of weapons or weapons-
                related technologies to states of concern, including 
                state sponsors of terrorism.''.
                    (C) ``There are signs that Belarusian authorities 
                are undertaking efforts to expand relations with some 
                countries of concern.''.
            (4) According to published reports, Belarus has been a 
        significant supplier of rockets, mortars, antitank weapons, and 
        mines to Palestinian extremist groups and to state sponsors of 
        terrorism, such as Iran and Syria, as well as Mi-24 
        helicopters, artillery systems and Russian-origin armored 
        combat vehicles to the Government of Sudan, tanks to the 
        communist regime in North Korea, and military aircraft and 
        aircraft engines to Iran.
            (5) In April and September 2004, the United States imposed 
        sanctions on the Belarusian entity ``Belvneshpromservice'' 
        pursuant to the Iran Nonproliferation Act of 2000 (Public Law 
        106-178) based on its transfer to Iran of items having the 
        potential of making a material contribution to weapons of mass 
        destruction or cruise or ballistic missile systems.
            (6) In May 2005, the Belarusian parliament ratified a 
        security agreement with Iran, after an earlier visit to Belarus 
        by the then-leader of Iran, Mohammed Khatami, during whose 
        visit Belarusian regime leader Aleksandr Lukashenko stated that 
        Belarus was ready to cooperate with Iran ``in all directions''.
            (7) Speaking with regard to arms sales to Syria, Aleksandr 
        Lukashenko reportedly stated ``No matter how severely we are 
        admonished for it, we will continue to help Syria militarily 
        because they have promised to help us in the same way.''.
            (8) Venezuelan leader Hugo Chavez maintains strong 
        relationships with Iran, Cuba, Sudan, and Syria, all states 
        designated by the United States as state sponsors of terrorism.
            (9) In May 2006 and each year since, the Department of 
        State has determined that Venezuela is not cooperating fully 
        with United States anti-terrorism efforts.
            (10) In the summer of 2006, Venezuela's ambassador to Cuba 
        visited Belarus and described the United States as a ``common 
        enemy'' and Hugo Chavez made an official visit to Belarus.
            (11) Subsequently, in September 2006, it was reported that 
        Belarus and Venezuela announced that a proposed military 
        contract between the two countries in the amount of 
        $1,000,000,000 was under consideration.
            (12) While Belarus possessed large stockpiles of weapons 
        inherited from the former Soviet regime, questions have been 
        raised as to whether such stockpiles still remain the source of 
        much of the weaponry exported by Belarus, eighteen years later, 
        or have instead been largely exhausted through earlier sales.
            (13) The Government of the Russian Federation has offered 
        no cooperation to the United States in dissuading Belarus from 
        sales of its arms to state sponsors of terrorism and other 
        parties in conflict, instead increasing its military 
        cooperation with Belarus.
            (14) An editor of ``Jane's Air-Launched Weapons'', Mr. 
        Robert Hewson, stated recently that a Russian sale of S-300 air 
        defense missiles to Iran was to go through Belarus and that 
        ``Belarus is the proxy route whenever Russia wants to deny it 
        is doing the sale. But nothing happens along that route without 
        Moscow saying so.''.
            (15) In May 2009, media reports stated that Russia is 
        planning to sell its S-300 missile systems to Iran and Syria 
        via Belarus.
            (16) In June 2009, a high-level Israeli official strongly 
        cautioned Belarus against strengthening ties with Iran.
            (17) In March 2008, Belarusian press reports stated that 
        Belarusian military specialists would take part in the creation 
        for Venezuela of an advanced air defense system with the 
        potential to employ the Russian-made S-300 missile system.
            (18) The Russian-made S-300 is one of the most advanced air 
        defense systems in the world, capable of destroying missiles 
        and aircraft at ranges of about 90 miles and at altitudes of 
        approximately 90,000 feet.
            (19) Reports indicate that Belarus had already purchased 
        multiple S-300 systems from Russia at a fraction of their 
        estimated value.
            (20) In March 2008, a member of Venezuela's National 
        Assembly, Mr. Abel El Zabayar, visited Iran and stated that 
        Venezuela had begun discussions with Belarus and Iran on 
        nuclear cooperation.
            (21) The planned deployment by Venezuela of an advanced air 
        defense system, such as the S-300 missile system, in 
        conjunction with Venezuela's reported growing nuclear 
        cooperation with Belarus and Iran raises disturbing 
        similarities to the pattern of reported sales arrangements of 
        the S-300 missile system by Russia to Iran at a time of Russian 
        cooperation in the development of Iran's nuclear capabilities.

SEC. 3. SENSE OF CONGRESS.

    It is the sense of Congress that--
            (1) the Secretary of State should take into consideration 
        the continuing reports of arms sales by Belarus to state 
        sponsors of terrorism and states that do not fully cooperate 
        with the United States in its anti-terrorism efforts, as well 
        as any information gathered in the process of drafting the 
        report to the appropriate congressional committees required 
        under this Act, and carefully consider whether the imposition 
        of existing terrorism and nonproliferation sanctions would be 
        appropriate to deter any such arms sales by Belarus; and
            (2) any use by Iran of nuclear cooperation agreements with 
        other countries as a means to proliferate weapons technology 
        and expertise to countries such as Venezuela, either directly 
        or by means of arrangements with Belarus or other countries 
        would not be in the interest of the United States.

SEC. 4. REPORT.

    (a) In General.--Not later than 90 days after the date of the 
enactment of this Act, and on annual basis thereafter, the Secretary of 
State shall submit to the appropriate congressional committees a report 
that describes, with respect to the preceding 12-month period, the 
following:
            (1) The scale and modalities of exports of weapons and 
        related services by the Government of Belarus and Belarusian 
        enterprises, including revenues flows, and the potential role 
        of the government and enterprise of the Russian Federation in 
        such exports and revenues.
            (2) The status of the stockpiles of weapons inherited by 
        Belarus from the former Soviet regime, including a 
        determination as to the role such stockpiles may continue to 
        play in the export of weapons by Belarus, and an assessment of 
        the capability of Belarusian enterprises to manufacture 
        conventional and advanced weaponry and provide services for 
        such sales.
            (3) A determination as to whether nuclear cooperation 
        agreements and activities involving Iran, Belarus, or Venezuela 
        are being used as a means to proliferate nuclear arms 
        technology and expertise.
            (4) The sale or delivery of weapons or weapons-related 
        technologies from Belarus to any country that is designated as 
        a state sponsor of terrorism or not fully cooperating with 
        United States antiterrorism efforts for purposes of section 40A 
        of the Arms Export Control Act, including Venezuela.
    (b) Form.--The report shall be in an unclassified form but may 
include a classified annex.

SEC. 5. DEFINITIONS.

    In this Act:
            (1) Appropriate congressional committees.--The term 
        ``appropriate congressional committees'' means the Committee on 
        Foreign Affairs of the House of Representatives and Committee 
        on Foreign Relations of the Senate.
            (2) State sponsor of terrorism.--The term ``state sponsor 
        of terrorism'' means a country the government of which the 
        Secretary of State has determined, for purposes of section 6(j) 
        of the Export Administration Act of 1979, section 620A of the 
        Foreign Assistance Act of 1961, section 40 of the Arms Export 
        Control Act, or any other provision of law, to be a government 
        that has repeatedly provided support for acts of international 
        terrorism.
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