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Congress & the Middle East:
Iran Missile Proliferation Sanctions Act of 1997

(June 9, 1998)


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In November 1997, the House of Representatives passed by voice vote H.R.2709 - the Iran Missile Proliferation Sanctions Act (IMPSA) - which sought to prevent foreign companies from helping Iran to develop and build new missiles. The measure is designed to close loopholes in existing counterproliferation laws and impose sanctions on foreign companies that provide missile technology to Iran. The Senate passed the bill with amendments in June 1998 by a vote of 90-4 and the House agreed to the amendments June 9, 1998 by a vote of 392-22 with 16 members not voting. The bill was vetoed by President Bill Clinton on June 23, 1998.

H.R.2709

An Act

To impose certain sanctions on foreign persons who transfer items contributing to Iran's efforts to acquire, develop, or produce ballistic missiles, and to implement the obligations of the United States under the Chemical Weapons Convention.

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

TITLE I--IRAN MISSILE PROLIFERATION SANCTIONS

SEC. 101. SHORT TITLE.

This title may be cited as the `Iran Missile Proliferation Sanctions Act of 1997'.

SEC. 102. 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)(A) transferred items on the MTCR Annex, or items that the United States proposes for addition to the MTCR Annex, that contributed to Iran's efforts to acquire, develop, or produce ballistic missiles, or

(B) provided technical assistance or facilities which the President deems to be of concern because of their direct contribution to Iran's efforts to acquire, develop, or produce ballistic missiles; or

(2)(A) attempted to transfer items on the MTCR Annex, or items that the United States proposes for addition to the MTCR Annex, that would have contributed to Iran's efforts to acquire, develop, or produce ballistic missiles, or

(B) attempted to provide technical assistance or facilities which the President deems to be of concern because of their direct contribution 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- 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,

(3) may have engaged in a transfer or transaction, or made an attempt, that was the subject of a waiver under section 104, or

(4) has enga ged in a transfer or transaction, or made an attempt, on behalf of, or in concert with, the Government of the United States, is not required to be identified on account of that same transfer, transaction, or attempt in any report submitted thereafter under this section.

(d) SUBMISSION IN CLASSIFIED FORM- When the President considers it appropriate, reports submitted under subsection (a), or appropriate parts thereof, may be submitted in classified form.

SEC. 103. 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 102 in a report submitted under that section, and

(B) any foreign person identified under subsection (a)(2) of section 102 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 102(b);

(B) 30 days after the date required by section 102(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 days after the date required by section 102(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 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 to that person of any goods or technology on the control list established under section 5(c)(1) of that Act.

(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. 104. 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 103 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)(A) transfer items on the MTCR Annex, or items that the United States proposes for addition to the MTCR Annex, that contributed to Iran's efforts to acquire, develop, or produce ballistic missiles, or

(B) provide technical assistance or facilities which the President deems to be of concern because of their direct contribution to Iran's efforts to acquire, develop, or produce ballistic missiles; or

(2) attempt on more than one occasion--

(A) to transfer items on the MTCR Annex, or items that the United States proposes for addition to the MTCR Annex, that would have contributed to Iran's efforts to acquire, develop, or produce ballistic missiles, or

(B) to provide technical assistance or facilities described in paragraph (1)(B).

(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--

(A) transferred items described in section 102(a)(1)(A), or provided technical assistance or facilities described in section 102(a)(1)(B); or

(B) attempted to transfer items described in section 102(a)(1)(A), or attempted to provide technical assistance or facilities described in section 102(a)(1)(B);

(2) the additional information which persuaded the President that the person did not--

(A) transfer items described in section 102(a)(1)(A), or provide technical assistance or facilities described in section 102(a)(1)(B); or

(B) attempt to transfer items described in section 102(a)(1)(A), or attempt to provide technical assistance or facilities described in section 102(a)(1)(B); 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. 105. 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 103 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 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. 106. ADDITIONAL INFORMATION REGARDING ACTIONS BY GOVERNMENT OF PRIMARY JURISDICTION.

As part of each report submitted under section 102, 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 jur isdiction 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. 107. PURCHASE OF WEAPONS TECHNOLOGY.

(a) SENSE OF THE CONGRESS- It is the sense of the Congress that the President should exercise the authority granted to him under section 504 of the Freedom for Russia and Emerging Eurasian Democracies and Open Markets Support Act of 1992 (22 U.S.C. 5854)--

(1) to prevent the transfer of weapons-related material and delivery systems to Iran through the purchase, barter, or other acquisition of such material and delivery systems; and

(2) to prevent the transfer to Iran of scientific and technical expertise with respect to such weapons-related material and delivery systems.

(b) AVAILABILITY OF AMOUNTS- Amounts hereafter made available, subject to the availability of appropriations, to carry out chapter 11 of part I of the Foreign Assistance Act of 1961 (22 U.S.C. 2295 et seq.; relating to assistance for the independent states of the former Soviet Union) may be used to carry out subsection (a).

SEC. 108. DEFINITIONS.

For the purposes of this title--

(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);

(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), 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), the foreign government of which that entity is a part; and

(3) the term `MTCR Annex' has the meaning given that term in section 11B(c)(4) of the Export Administration Act of 1979 (50 U.S.C. 2410b(c)(4)).

TITLE II--CHEMICAL WEAPONS CONVENTION IMPLEMENTATION

SEC. 201. SHORT TITLE.

This title may be cited as the `Chemical Weapons Convention Implementation Act of 1997'.

SEC. 202. TABLE OF CONTENTS.

The table of contents for this title is as follows:

Sec. 201. Short title.

Sec. 202. Table of contents.

Sec. 203. Definitions.

Subtitle A--General Provisions

Sec. 211. Designation of United States National Authority.

Sec. 212. No abridgement of constitutional rights.

Sec. 213. Civil liability of the United States.

Subtitle B--Penalties for Unlawful Activities Subject to the Jurisdiction of the United States

Chapter 1--Criminal and Civil Penalties

Sec. 221. Criminal and civil provisions.

Chapter 2--Revocations of Export Privileges

Sec. 222. Revocations of export privileges.

Subtitle C--Inspections

Sec. 231. Definitions in the subtitle.

Sec. 232. Facility agreements.

Sec. 233. Authority to conduct inspections.

Sec. 234. Procedures for inspections.

Sec. 235. Warrants.

Sec. 236. Prohibited acts relating to inspections.

Sec. 237. National security exception.

Sec. 238. Protection of constitutional rights of contractors.

Sec. 239. Annual report on inspections.

Sec. 240. United States assistance in inspections at private facilities.

Subtitle D--Reports

Sec. 251. Reports required by the United States National Authority.

Sec. 252. Prohibition relating to low concentrations of schedule 2 and 3 chemicals.

Sec. 253. Prohibition relating to unscheduled discrete organic chemicals and coincidental byproducts in waste streams.

Sec. 254. Confidentiality of information.

Sec. 255. Recordkeeping violations.

Subtitle E--Enforcement

Sec. 261. Penalties.

Sec. 262. Specific enforcement.

Sec. 263. Expedited judicial review.

Subtitle F--Miscellaneous Provisions

Sec. 271. Repeal.

Sec. 272. Prohibition.

Sec. 273. Bankruptcy actions.

SEC. 203. DEFINITIONS.

In this title:

(1) CHEMICAL WEAPON- The term `chemical weapon' means the following, together or separately:

(A) A toxic chemical and its precursors, except where intended for a purpose not prohibited under this title as long as the type and quantity is consistent with such a purpose.

(B) A munition or device, specifically designed to cause death or other harm through toxic properties of those toxic chemicals specified in subparagraph (A), which would be released as a result of the employment of such munition or device.

(C) Any equipment specifically designed for use directly in connection with the employment of munitions or devices specified in subparagraph (B).

(2) CHEMICAL WEAPONS CONVENTION; CONVENTION- The terms `Chemical Weapons Convention' and `Convention' mean the Convention on the Prohibition of the Development, Production, Stockpiling and Use of Chemical Weapons and on Their Destruction, opened for signature on January 13, 1993.

(3) KEY COMPONENT OF A BINARY OR MULTICOMPONENT CHEMICAL SYSTEM- The term `key component of a binary or multicomponent chemical system' means the precursor which plays the most important role in determining the toxic properties of the final product and reacts rapidly with other chemicals in the binary or multicomponent system.

(4) NATIONAL OF THE UNITED STATES- The term `national of the United States' has the same meaning given such term in section 101(a)(22) of the Immigration and Nationality Act (8 U.S.C. 1101(a)(22)).

(5) ORGANIZATION- The term `Organization' means the Organization for the Prohibition of Chemical Weapons.

(6) PERSON- The term `person', except as otherwise provided, means any individual, corporation, partnership, firm, association, trust, estate, public or private institution, any State or any political subdivision thereof, or any political entity within a State, any foreign government or nation or any agency, instrumentality or political subdivision of any such government or nation, or other entity located in the United States.

(7) PRECURSOR-

(A) IN GENERAL- The term `precursor' means any chemical reactant which takes part at any stage in the production by whatever method of a toxic chemical. The term includes any key component of a binary or multicomponent chemical system.

(B) LIST OF PRECURSORS- Precursors which have been identified for the application of verification measures under Article VI of the Convention are listed in schedules contained in the Annex on Chemicals of the Chemical Weapons Convention.


Sources: Library of Congress

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