1.Short title and table of
contents
(a)This Act may be cited
as the Iran, North Korea, and Syria
Nonproliferation Reform and Modernization Act of
2011
.
(b)The table of contents for this Act is as follows:
Sec. 1. Short title and table of contents.
Sec. 2. Statement of policy.
Sec. 3. Reports on proliferation relating to Iran, North Korea,
and Syria.
Sec. 4. Application of measures to certain foreign
persons.
Sec. 5. Determination exempting a foreign person from the
application of certain measures.
Sec. 6. Restrictions on nuclear cooperation with countries
aiding proliferation by Iran, North Korea, or Syria.
Sec. 7. Identification of countries that enable proliferation
to or from Iran, North Korea, or Syria.
Sec. 8. Prohibition on United States assistance to countries
assisting proliferation activities by Iran, North Korea, or Syria.
Sec. 9. Restriction on extraordinary payments in connection
with the International Space Station.
Sec. 10. Exclusion from the United States of senior officials
of foreign persons who have aided proliferation relating to Iran.
Sec. 11. Prohibition on certain vessels landing in the United
States; enhanced inspections.
Sec. 12. Sanctions with respect to critical defense resources
provided to or acquired from Iran, North Korea, or Syria.
Sec. 13. Definitions.
Sec. 14. Repeal of Iran, North Korea, and Syria
Nonproliferation Act.
2.It shall be the policy
of the United States to fully implement and enforce sanctions against Iran,
North Korea, and Syria for their proliferation activities and policies.
3.Reports on
proliferation relating to Iran, North Korea, and Syria
(a)Not
later than 90 days after the date of the enactment of this Act and every 120
days thereafter, the President shall transmit to the appropriate congressional
committees a report identifying every foreign person with respect to whom there
is credible information indicating that such person—
(1)on or after January 1, 1999, transferred to
or acquired from Iran, on or after January 1, 2005, transferred to or acquired
from Syria, or on or after January 1, 2006, transferred to or acquired from
North Korea—
(A)goods, services,
or technology listed on—
(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. 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);
(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; or
(v)the
Wassenaar Arrangement list of Dual Use Goods and Technologies and Munitions
list of July 12, 1996, and subsequent revisions; or
(B)goods, services,
or technology not listed on any list specified in subparagraph (A) but which
nevertheless would be, if such goods, services, or technology were United
States goods, services, or technology, prohibited for export to Iran, North
Korea, or Syria, as the case may be, because of the potential of such goods,
services or technology to make a material contribution to the development of
nuclear, biological, or chemical weapons, or of ballistic or cruise missile
systems or destabilizing types and amounts of conventional weapons;
(2)except as provided
in subsection (b), on or after the date of the enactment of this Act, acquired
materials mined or otherwise extracted within the territory or control of Iran,
North Korea, or Syria, as the case may be, for purposes relating to the
nuclear, biological, or chemical weapons, or ballistic or cruise missile
development programs of Iran, North Korea, or Syria, as the case may be;
(3)on or after the date of the enactment of
this Act, transferred to Iran, Syria, or North Korea goods, services, or
technology that could assist efforts to extract or mill uranium ore within the
territory or control of Iran, North Korea, or Syria, as the case may be;
(4)on or after the date of the enactment of
this Act, provided to Iran, Syria, or North Korea destabilizing types and
amounts of conventional weapons and technical assistance; or
(5)on or after the date of the enactment of
this Act, provided a vessel, insurance or reinsurance, or any other shipping
service for the transportation of goods to or from Iran, North Korea, or Syria
for purposes relating to the nuclear, biological, or chemical weapons, or
ballistic or cruise missile development programs of Iran, North Korea, or
Syria, as the case may be.
(b)Any foreign person who—
(1)was identified in
a report transmitted in accordance with 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,
shall not
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 at issue may have continued, or
been larger, more significant, or different in nature than previously reported
under this section.(c)Transmission in
classified formIf the
President considers it appropriate, reports transmitted in accordance with
subsection (a), or appropriate parts thereof, may be transmitted in classified
form.
(d)Each report required
under subsection (a) shall contain, with respect to each foreign person
identified in each such report, a brief description of the type and quantity of
the goods, services, or technology transferred by such person to Iran, North
Korea, or Syria, the circumstances surrounding such transfer, the usefulness to
the nuclear, biological, or chemical weapons, or ballistic or cruise missile
development programs of Iran, North Korea, or Syria of such transfer, and the
probable awareness or lack thereof of the transfer on the part of the
government with primary jurisdiction over such person.
(e)Additional
contents of reportsEach report under subsection (a) shall
contain a description, with respect the transfer or acquisition of the goods,
services, or technology described in such subsection, of the actions taken by
foreign governments to assist in interdicting such transfer or
acquisition.
(f)Expediting
sanctions for nuclear, chemical, biological and missile proliferation transfers
to iran
(1)Notwithstanding the requirement to submit the report
under subsection (a), the President shall establish a process to assess
information in the possession of the President on an ongoing basis regarding
possible transfers to Iran of goods, services, or technology relating to
nuclear, chemical, or biological weapons or ballistic missiles in accordance
with the requirements of subsection (a).
(2)Upon a determination of the President that credible
information exists that a transfer described in paragraph (1) has occurred, the
President shall apply the sanctions to the foreign person that made the
transfer in accordance with the requirements of section 4 of this Act.
(g)Requirement for
plan to expedite implementation of reporting and sanctionsNot
later than 180 days after the date of the enactment of this Act, the President
shall transmit to the appropriate congressional committees a plan, to include
any necessary legislation, to expedite the implementation of this Act with
regard to the reports required under subsection (a) and the sanctions under
section 4 of this Act.
4.Application of
measures to certain foreign persons
(a)
(1)Subject to section 5,
the President shall apply, for a period of not less than two years, the
measures specified in subsection (b) with respect to each foreign person
identified in a report transmitted under section 3(a).
(2)Subject to section 5,
the President may apply, for a period of not less than two years, the measures
specified in subsection (b) with respect to one or more of the
following:
(A)Each person that
is a successor, subunit, or subsidiary of a foreign person referred to in
paragraph (1).
(B)Each person that
owns more than 50 percent of, or controls in fact—
(i)a
foreign person referred to in paragraph (1); or
(ii)a
person described in subparagraph (A).
(b)The measures referred to in subsection (a) are the
following:
(1)Executive Order
12938 prohibitionsThe
measures specified in the first sentence of subsection (b) and subsections (c)
and (d) of section 4 of Executive Order 12938 (50 U.S.C. 1701 note; relating to
proliferation of weapons of mass destruction) prohibiting any department or
agency of the United States Government from procuring, or entering into any
contract for the procurement of, any goods or services from any foreign person
described in subsection (a) of section 4 of Executive Order 12938.
(2)Prohibition on United States Government sales to a
person described in subsection (a) of any item on the United States Munitions
List and termination of sales to such 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
prohibitionDenial of licenses and suspension of existing
licenses for the transfer to a person described in subsection (a) of items the
export of which is controlled under the Export Administration Act of 1979 (50
U.S.C. App. 2401 et seq.), as in effect pursuant to the International Emergency
Economic Powers Act, or the Export Administration Regulations.
(4)Prohibition on any investment by a United States
person in property, including entities, owned or controlled by a person
described in subsection (a).
(5)Prohibition on any approval, financing, or guarantee
by a United States person, wherever located, of a transaction by a person
described in subsection (a).
(6)Financial
assistance prohibitionDenial by the United States Government of
any credit, credit guarantees, grants, or other financial assistance by any
agency of the United States Government to a person described in subsection
(a).
(c)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 3(a);
(2)90 days after the
date required by section 3(a) 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 3(a).
(d)Publication in
Federal Register
(1)The Secretary of the Treasury shall publish in the
Federal Register notice of the application against a person of measures
pursuant to subsection (a).
(2)Each
notice published in accordance with paragraph (1) shall include the name and
address (where known) of each person to which measures have been applied
pursuant to subsection (a).
5.Determination
exempting a foreign person from the application of certain measures
(a)The application of any measure described in section 4(b)
to a person described in section 4(a) shall cease to be effective beginning 15
days after the date on which the President determines and certifies to the
appropriate congressional committees, on the basis of information provided by
such person or otherwise obtained by the President, that—
(1)in the case of a
transfer or acquisition of goods, services, or technology described in section
3(a)(1)—
(A)such person did
not, on or after January 1, 1999, knowingly transfer to or acquire from Iran,
North Korea, or Syria, as the case may be, such goods, services, or technology
the apparent transfer of which caused such person to be identified in a report
submitted pursuant to section 3(a);
(B)the goods, services, or technology the
transfer of which caused such person to be identified in a report submitted
pursuant to section 3(a) did not contribute to the efforts of Iran, North
Korea, or Syria, as the case may be, to develop—
(i)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 such List; or
(ii)destabilizing types or amounts of
conventional weapons or acquire technical assistance;
(C)such person is
subject to the primary jurisdiction of a government that is an adherent to one
or more relevant nonproliferation regimes, such person was identified in a
report submitted pursuant to section 3(a) with respect to a transfer of goods,
services, or technology described in section 3(a)(1)(A), and such transfer was
made in accordance with the guidelines and parameters of all such relevant
regimes of which such government is an adherent; or
(D)the government
with primary jurisdiction over such person has imposed meaningful penalties on
such person on account of the transfer of such goods, services, or technology
that caused such person to be identified in a report submitted pursuant to
section 3(a);
(2)in the case of an acquisition of materials
mined or otherwise extracted within the territory of Iran, North Korea, or
Syria, as the case may be, described in section 3(a)(2) for purposes relating
to the nuclear, biological, or chemical weapons, or ballistic or cruise missile
development programs of Iran, North Korea, or Syria, as the case may be, such
person did not acquire such materials; or
(3)in the case of the provision of a vessel,
insurance or reinsurance, or another shipping service for the transportation of
goods to or from Iran, North Korea, or Syria, as the case may be, described in
section 3(a)(3) for purposes relating to the nuclear, biological, or chemical
weapons, or ballistic or cruise missile development programs of Iran, North
Korea, or Syria, as the case may be, such person did not provide such a vessel
or service.
(b)Opportunity To
provide informationCongress urges the President—
(1)in every
appropriate case, to contact in a timely fashion each person described in
section 3(a), or the government with primary jurisdiction over such person, in
order to afford such person, or such government, 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 3(a); and
(2)to exercise the
authority described in subsection (a) in all cases in which information
obtained from each person described in section 3(a), or from the government
with primary jurisdiction over such person, establishes that the exercise of
such authority is warranted.
(c)
(1)Except as provided in paragraph (2), the determination
and report of the President under subsection (a) shall be transmitted in
unclassified form.
(2)The
determination and report of the President under subsection (a) may be
transmitted in classified form if the President certifies to the appropriate
congressional committees that it is vital to the national security interests of
the United States to do so.
6.Restrictions on
nuclear cooperation with countries aiding proliferation by Iran, North Korea,
or Syria
(a)
(1)Notwithstanding any other provision of law,
on or after the date of the enactment of this Act—
(A)no agreement for
cooperation between the United States and the government of any country that is
assisting the nuclear program of Iran, North Korea, or Syria, or transferring
advanced conventional weapons or missiles to Iran, North Korea, or Syria may be
submitted to the President or to Congress pursuant to section 123 of the Atomic
Energy Act of 1954 (42 U.S.C. 2153),
(B)no such agreement
may enter into force with respect to such country,
(C)no license may be
issued for export directly or indirectly to such country of any nuclear
material, facilities, components, or other goods, services, or technology that
would be subject to such agreement, and
(D)no approval may be
given for the transfer or retransfer directly or indirectly to such country of
any nuclear material, facilities, components, or other goods, services, or
technology that would be subject to such agreement,
until the
President makes the determination and report under paragraph (2).(2)The determination and report referred to in paragraph
(1) are a determination and report by the President, submitted to the Committee
on Foreign Affairs of the House of Representatives and the Committee on Foreign
Relations of the Senate, that—
(A)Iran, North Korea,
or Syria, as the case may, has ceased its efforts to design, develop, or
acquire a nuclear explosive device or related materials or technology;
or
(B)the government of
the country that is assisting the nuclear programs of Iran, North Korea, or
Syria, as the case may be, or transferring advanced conventional weapons or
missiles to Iran, North Korea, or Syria, as the case may be—
(i)has suspended all
nuclear assistance to Iran, North Korea, or Syria, as the case may be, and all
transfers of advanced conventional weapons and missiles to Iran, North Korea,
or Syria, as the case may be; and
(ii)is committed to
maintaining that suspension until Iran, North Korea, or Syria, as the case may
be, has implemented measures that would permit the President to make the
determination described in subparagraph (A).
(b)The restrictions described in subsection
(a)(1)—
(1)shall apply in
addition to all other applicable procedures, requirements, and restrictions
described in the Atomic Energy Act of 1954 and other applicable Acts;
(2)shall not be
construed as affecting the validity of an agreement for cooperation between the
United States and the government of a country that is in effect on the date of
the enactment of this Act; and
(3)shall not be
construed as applying to assistance for the Bushehr nuclear reactor, unless
such assistance is determined by the President to be contributing to the
efforts of Iran to develop nuclear weapons.
(c)In
this section:
(1)Agreement for
cooperationThe term agreement for cooperation has
the meaning given that term in section 11 b. of the Atomic Energy Act of 1954
(42 U.S.C. 2014 b.).
(2)Assisting the
nuclear program of iran, north korea, or syriaThe term
assisting the nuclear program of Iran, North Korea, or Syria means
the intentional transfer to Iran, North Korea, or Syria by a government, or by
a person subject to the jurisdiction of a government with the knowledge and
acquiescence of that government, of goods, services, or technology listed on
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),
or the Nuclear Suppliers Group Guidelines for Transfers of Nuclear-Related
Dual-Use Equipment, Material, and Related Technology (published by the
International Atomic Energy Agency as Information Circular INFCIR/254/Rev.
3/Part 2, and subsequent revisions).
(3)Country that is
assisting the nuclear programs of iran, north korea, or syria or transferring
advanced conventional weapons or missiles to iran, north korea, or
syriaThe term country that is assisting the nuclear
program of Iran, North Korea, or Syria or transferring advanced conventional
weapons or missiles to Iran, North Korea, or Syria means any country
determined by the President to be assisting the nuclear program of Iran, North
Korea, or Syria or transferring advanced conventional weapons or missiles to
Iran, North Korea, or Syria.
(4)The
term transfer means the conveyance of technological or
intellectual property, or the conversion of intellectual or technological
advances into marketable goods, services, or articles of value, developed and
generated in one place, to another through illegal or illicit means to a
country, the government of which the Secretary of State has determined, for
purposes of section 6(j)(1)(A) of the Export Administration Act of 1979 (as in
effect pursuant to the International Emergency Economic Powers Act; 50 U.S.C.
1701 et seq.), section 40(d) of the Arms Export Control Act (22 U.S.C.
2780(d)), and section 620A of the Foreign Assistance Act of 1961 (22 U.S.C.
2371), is a government that has repeatedly provided support for acts of
international terrorism.
(5)Transferring
advanced conventional weapons or missiles to iran, north korea, or
syriaThe term transferring advanced conventional weapons
or missiles to Iran, North Korea, or Syria means the intentional
transfer to Iran, North Korea, or Syria by a government, or by a person subject
to the jurisdiction of a government with the knowledge and acquiescence of that
government, of goods, services, or technology listed on—
(A)the Wassenaar
Arrangement list of Dual Use Goods and Technologies and Munitions list of July
12, 1996, and subsequent revisions; or
(B)the Missile
Technology Control Regime Equipment and Technology Annex of June 11, 1996, and
subsequent revisions.
7.Identification of
countries that enable proliferation to or from Iran, North Korea, or
Syria
(a)The President shall
transmit to the appropriate congressional committees and make available to the
public on an annual basis a report that identifies each foreign country that
allows one or more foreign persons under the jurisdiction of such country to
engage in activities described in section 3 that are sanctionable under section
4 despite requests by the United States Government to the government of such
country to prevent such activities.
(b)The
report required under subsection (a) shall be submitted in unclassified form,
but may contain a classified annex if necessary.
8.Prohibition on
United States assistance to countries assisting proliferation activities by
Iran, North Korea, or Syria
(a)The President shall prohibit assistance (other than
humanitarian assistance) under the Foreign Assistance Act of 1961 and shall not
issue export licenses for defense articles or defense services under the Arms
Export Control Act to a foreign country the government of which the President
has received credible information is assisting Iran, North Korea, or Syria in
the acquisition, development, or proliferation of weapons of mass destruction
or ballistic missiles.
(b)The President is
authorized to provide assistance described in subsection (a) to a foreign
country subject to the prohibition in subsection (a) if the President
determines and notifies the appropriate congressional committees that there is
credible information that the government of the country is no longer assisting
Iran, North Korea, or Syria in the acquisition, development, or proliferation
of weapons of mass destruction or ballistic missiles.
(c)In
this section, the term assisting
means providing material or
financial support of any kind, including purchasing of material, technology or
equipment from Iran, North Korea, or Syria.
9.Restriction on
extraordinary payments in connection with the International Space
Station
(a)
(1)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
such extraordinary payments are to be made, the President has made the
determination described in subsection (b), and reported such determination to
the Committee on Foreign Affairs and the Committee on Science, Space, and
Technology of the House of Representatives and the Committee on Foreign
Relations and the Committee on Commerce, Science, and Transportation of the
Senate.
(2)If the President is unable to make the
determination described in subsection (b) with respect to a fiscal year in
which extraordinary payments in connection with the International Space Station
are to be made, the President is authorized to waive the application of
paragraph (1) on a case-by-case basis with respect to the fiscal year if not
less than 15 days prior to the date on which the waiver is to take effect the
President submits to the appropriate congressional committees a report that
contains—
(A)the reasons why the determination described
in subsection (b) cannot be made;
(B)the amount of the
extraordinary payment to be made under the waiver;
(C)the steps being
undertaken by the United States to ensure compliance by the Russian Federation
with the conditions described in subsection (b); and
(D)a determination of
the President that the waiver is vital to the national interests of the United
States.
(b)Determination
regarding Russian cooperation in preventing proliferation relating to Iran,
North Korea, and SyriaThe 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 (including the law enforcement,
export promotion, export control, and intelligence agencies of such Government)
to oppose the proliferation to or from Iran, North Korea, and Syria 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 or from Iran, North Korea, and Syria of goods, services, and
technology that could make a material contribution to the nuclear, biological,
or chemical weapons, or of ballistic or cruise missile systems development
programs of Iran; 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 one-year period ending on the date of the determination under this
subsection made transfers to or from Iran, North Korea, or Syria reportable
under section 3(a) (other than transfers with respect to which a determination
pursuant to section 5 has been or will be made).
(c)Not less than five days before making a
determination under this section, the President shall notify the Committee on
Foreign Affairs and the Committee on Science, Space, and Technology of the
House of Representatives and the Committee on Foreign Relations and the
Committee on Commerce, Science, and Transportation of the Senate of the
President’s intention to make such a determination.
(d)A determination of the President under this section
shall include a written justification describing in detail the facts and
circumstances supporting the President’s conclusion.
(e)Transmission in
classified formIf the
President considers it appropriate, a determination of the President under this
section, a prior notification under subsection (c), and a written justification
under subsection (d), or appropriate parts thereof, may be transmitted in
classified form.
(f)Exception for
crew safety
(1)The National Aeronautics and Space
Administration may make extraordinary payments in connection with the
International Space Station to the Russian Aviation and Space Agency or any
organization or entity under the jurisdiction or control of the Russian
Aviation and Space Agency, or any subcontractor thereof, that would otherwise
be prohibited under this section if the President notifies Congress in writing
that such payments are necessary to prevent the imminent loss of life of or
grievous injury to individuals aboard the International Space Station.
(2)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 transmit 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 of 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 of or grievous injury to individuals aboard the
International Space Station.
(g)
(1)The National
Aeronautics and Space Administration 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 subcontractor thereof, that would
otherwise be prohibited under this section 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 five days before making such payments;
(B)no report has been
made under section 3(a) 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
that 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 on the date that is 60 days after the
date on which a United States propulsion module is in place at the
International Space Station.
(h)No
agency of the United States Government may make extraordinary payments in
connection with the International Space Station, or any other payments in
connection with the International Space Station, to any foreign person subject
to measures applied pursuant to section 4 of Executive Order 12938 (November
14, 1994), as amended by Executive Order 13094 (July 28, 1998).
(i)Report on
certain payments related to International Space Station
(1)The President shall, together with each report submitted
under section 3(a), transmit to the Committee on Foreign Relations of the
Senate and the Committee on Foreign Affairs of the House of Representatives a
report that identifies each Russian entity or person to whom the United States
Government has, since November 22, 2005, made a payment in cash or in kind for
work to be performed or services to be rendered under the Agreement Concerning
Cooperation on the Civil International Space Station, with annex, signed at
Washington January 29, 1998, and entered into force March 27, 2001, or any
protocol, agreement, memorandum of understanding, or contract related
thereto.
(2)Each
report transmitted under paragraph (1) shall include—
(A)the specific
purpose of each payment made to each entity or person identified in such
report; and
(B)with respect to
each such payment, the assessment of the President that the payment was not
prejudicial to the achievement of the objectives of the United States
Government to prevent the proliferation of ballistic or cruise missile systems
in Iran and other countries that have repeatedly provided support for acts of
international terrorism, as determined by the Secretary of State under section
620A(a) of the Foreign Assistance Act of 1961 (22 U.S.C. 2371(a)), section 6(j)
of the Export Administration Act of 1979 (50 U.S.C. App. 2405(j)), or section
40(d) of the Arms Export Control Act (22 U.S.C. 2780(d)).
10.Exclusion from
the United States of senior officials of foreign persons who have aided
proliferation relating to IranExcept as provided in subsection (b), the
Secretary of State shall deny a visa to, and the Secretary of Homeland Security
shall exclude from the United States, any alien whom the Secretary of State
determines is an alien who, on or after the date of the enactment of this Act,
is a—
(1)corporate officer,
principal, or shareholder with a controlling interest of a foreign person
identified in a report submitted pursuant to section 3(a);
(2)corporate officer,
principal, or shareholder with a controlling interest of a successor entity to,
or a parent or subsidiary of, a foreign person identified in such a
report;
(3)corporate officer,
principal, or shareholder with a controlling interest of an affiliate of a
foreign person identified in such a report, if such affiliate engaged in the
activities referred to in such report, and if such affiliate is controlled in
fact by the foreign person identified in such report; or
(4)spouse, minor
child, or agent of a person excludable under paragraph (1), (2), or (3).
11.Prohibition on
certain vessels landing in the United States; enhanced
inspectionsThe Ports and
Waterways Safety Act (33 U.S.C. 1221 et seq.) is amended by adding at the end
the following:
16.Prohibition on
certain vessels landing in the United States; enhanced inspections
(a)Certification
requirement
(1)Beginning on the date
of enactment of the Iran, North Korea, and Syria Nonproliferation Reform and
Modernization Act of 2011, before a vessel arrives at a port in the United
States, the owner, charterer, operator, or master of the vessel shall certify
that the vessel did not enter a port in Iran, North Korea, or Syria during the
180-day period ending on the date of arrival of the vessel at the port in the
United States.
(2)The Secretary shall prohibit from landing at a
port in the United States for a period of at least 2 years—
(A)any vessel for
which a false certification was made under section (a); and
(B)any other vessel
owned or operated by a parent corporation, partnership, association, or
individual proprietorship of the vessel for which the false certification was
made.
(b)The Secretary shall—
(1)identify foreign
ports at which vessels have landed during the preceding 12-month period that
have also landed at ports in Iran, North Korea, or Syria during that period;
and
(2)inspect vessels
arriving in the United States from foreign ports identified under paragraph (1)
to establish whether the vessel was involved, during the 12-month period ending
on the date of arrival of the vessel at the port in the United States, in any
activity that would be subject to sanctions under the Iran, North Korea, and
Syria Nonproliferation Reform and Modernization Act of
2011.
.
12.Sanctions with
respect to critical defense resources provided to or acquired from Iran, North
Korea, or Syria
(a)The President shall
apply the sanctions described in subsection (b) to any person the President
determines is, on or after the date of the enactment of this Act, providing to,
or acquiring from, Iran, North Korea, or Syria any good or technology that the
President determines is used, or is likely to be used, for military
applications.
(b)The sanctions described in this subsection are, with
respect to a person described in subsection (a), the following:
(1)Prohibiting any transactions in foreign exchange that
are subject to the jurisdiction of the United States and in which that person
has any interest.
(2)Prohibiting any transfers of credit or payments
between financial institutions or by, through, or to any financial institution,
to the extent that such transfers or payments are subject to the jurisdiction
of the United States and involve any interest of that person.
(3)Prohibiting any person from—
(A)acquiring,
holding, withholding, using, transferring, withdrawing, transporting, or
exporting any property that is subject to the jurisdiction of the United States
and with respect to which the person described in subsection (a) has any
interest;
(B)dealing in or
exercising any right, power, or privilege with respect to such property;
or
(C)conducting any
transaction involving such property.
(4)Prohibiting the head of any Federal agency from
providing a loan guarantee to that person.
(5)Additional
sanctions, as appropriate, in accordance with the International Emergency
Economic Powers Act (50 U.S.C. 1701 et seq.).
(c)Restrictions on
export licenses for nuclear cooperation and certain loan
guaranteesBefore issuing a license for the exportation of any
article pursuant to an agreement for cooperation under section 123 of the
Atomic Energy Act of 1954 (42 U.S.C. 2153) or approving a loan guarantee or any
other assistance provided by the United States Government with respect to a
nuclear energy project, the Secretary of Energy, the Secretary of Commerce, and
the Nuclear Regulatory Commission shall certify to Congress that issuing the
license or approving the loan guarantee or other assistance (as the case may
be) will not permit the transfer of any good or technology described in
subsection (a) to Iran, North Korea, or Syria.
(d)The sanctions described in subsection (b)
shall not apply to the repayment or other satisfaction of a loan or other
obligation incurred under a program of the Export-Import Bank of the United
States, as in effect as of the date of the enactment of this Act.
13.In this Act:
(1)Adherent to
relevant nonproliferation regimeA government is an
adherent
to a relevant nonproliferation regime
if
such government—
(A)is a member of the
Nuclear Suppliers Group with respect to a transfer of goods, services, or
technology described in section 3(a)(1)(A)(i);
(B)is a member of the
Missile Technology Control Regime with respect to a transfer of goods,
services, or technology described in section 3(a)(1)(A)(ii), 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 3(a)(1)(A)(iii);
(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 3(a)(1)(A)(iv); or
(E)is a member of the
Wassenaar Arrangement with respect to a transfer of goods, services, or
technology described in section 3(a)(1)(A)(v).
(2)Appropriate
congressional committeesThe term appropriate congressional
committees means the Committee on Foreign Affairs of the House of
Representatives and the Committee on Foreign Relations and the Committee on
Banking, Housing, and Urban Affairs of the Senate.
(3)Extraordinary
payments in connection with the International Space StationThe
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 Government of the Russian Federation
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 such
terms were in effect on such date,
except that
such term does not mean payments in cash or in kind made or to be made by the
United States Government before December 31, 2020, for work to be performed or
services to be rendered before such date necessary to meet United States
obligations under the Agreement Concerning Cooperation on the Civil
International Space Station, with annex, signed at Washington January 29, 1998,
and entered into force March 27, 2001, or any protocol, agreement, memorandum
of understanding, or contract related thereto.(4)The term foreign person means—
(A)a natural person
who is an alien;
(B)a corporation,
business association, partnership, society, trust, or any other nongovernmental
entity, organization, or group, successor, subunit, or subsidiary organized
under the laws of a foreign country or that has its principal place of business
in a foreign country; and
(C)(i)any foreign government;
or
(ii)any foreign government agency or
entity.
(5)The
term knowingly, with respect to conduct, a circumstance, or a
result, means that a person has actual knowledge, or should have known, of the
conduct, the circumstance, or the result of such conduct, circumstance, or
result.
(6)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 Government of the
Russian Federation 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 Government of the Russian Federation at any other time before,
on, or after March 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.
(7)The term subsidiary means an
entity (including a partnership, association, trust, joint venture,
corporation, or other organization) of a parent company that controls, directly
or indirectly, the other entity.
(8)The term transfer or
transferred, with respect to a good, service, or technology,
includes—
(A)the conveyance of
technological or intellectual property; and
(B)the conversion of technological or
intellectual advances into marketable goods, services, or technology of value
that is developed and generated in one location and transferred to another
location through illegal or illicit means.
(9)The term United States person means—
(A)a natural person
who is a citizen or resident of the United States; or
(B)an entity that is
organized under the laws of the United States or any State or territory
thereof.
(10)The
term vessel has the meaning given such term in section 1081 of
title 18, United States Code. Such term also includes aircraft, regardless of
whether or not the type of aircraft at issue is described in such
section.
(11)The term technical assistance means
providing of advice, assistance, and training pertaining to the installation,
operation, and maintenance of equipment for destabilizing types and forms of
conventional weapons.
14.Repeal of Iran,
North Korea, and Syria Nonproliferation Act
(a)The Iran, North Korea, and Syria
Nonproliferation Act (50 U.S.C. 1701 note) is repealed.
(b)Any reference in a law, regulation,
document, or other record of the United States to the Iran, North Korea, and
Syria Nonproliferation Act shall be deemed to be a reference to this
Act.
Passed the House of
Representatives December 14, 2011.
Karen L. Haas,
Clerk