50 USC 1701 Note: Records on arbitration claims before the Iran-U.S. Claims Tribunal
About This Project
This project uses data compiled by the Sunshine in Government initiative, a coalition of journalism and transparency groups. SGI compiled data from federal agency annual FOIA reports to track how often b(3) exemptions were used. SGI also standardized the exemptions since some agencies used slightly different citations of the same laws. In some cases, agencies listed general laws without specifying a section under which information was withheld. This project does not include information from agencies that use no b(3) exemptions in 2008 or 2009. ProPublica compiled information about FOIA denials.
| Department | Claims |
|---|---|
| Dept. of State | 9.0 |
TITLE 50--WAR AND NATIONAL DEFENSE
CHAPTER 35--INTERNATIONAL EMERGENCY ECONOMIC POWERS
Sec. 1701. Unusual and extraordinary threat; declaration of
national emergency; exercise of Presidential authorities
(a) Any authority granted to the President by section 1702 of this
title may be exercised to deal with any unusual and extraordinary
threat, which has its source in whole or substantial part outside the
United States, to the national security, foreign policy, or economy of
the United States, if the President declares a national emergency with
respect to such threat.
(b) The authorities granted to the President by section 1702 of this
title may only be exercised to deal with an unusual and extraordinary
threat with respect to which a national emergency has been declared for
purposes of this chapter and may not be exercised for any other purpose.
Any exercise of such authorities to deal with any new threat shall be
based on a new declaration of national emergency which must be with
respect to such threat.
(Pub. L. 95-223, title II, Sec. 202, Dec. 28, 1977, 91 Stat. 1626.)
Short Title of 2006 Amendment
Pub. L. 109-353, Sec. 1, Oct. 13, 2006, 120 Stat. 2015, provided
that: ``This Act [amending provisions set out as a note below] may be
cited as the `North Korea Nonproliferation Act of 2006'.''
Pub. L. 109-293, Sec. 1, Sept. 30, 2006, 120 Stat. 1344, provided
that: ``This Act [amending section 5318A of Title 31, Money and Finance,
enacting provisions set out as notes under this section and section 2151
of Title 22, Foreign Relations and Intercourse, and amending provisions
set out as a note under this section] may be cited as the `Iran Freedom
Support Act'.''
Short Title of 2005 Amendment
Pub. L. 109-112, Sec. 1, Nov. 22, 2005, 119 Stat. 2366, provided
that: ``This Act [enacting provisions set out as a note under this
section and amending provisions set out as notes under this section and
section 2797b of Title 22, Foreign Relations and Intercourse] may be
cited as the `Iran Nonproliferation Amendments Act of 2005'.''
Short Title of 2001 Amendment
Pub. L. 107-24, Sec. 1, Aug. 3, 2001, 115 Stat. 199, provided that:
``This Act [enacting and amending provisions set out as notes below] may
be cited as the `ILSA Extension Act of 2001'.''
Short Title
Section 201 of title II of Pub. L. 95-223 provided that: ``This
title [enacting this chapter] may be cited as the `International
Emergency Economic Powers Act'.''
Separability
Section 208 of Pub. L. 95-223 provided that: ``If any provision of
this Act [enacting this chapter] is held invalid, the remainder of the
Act shall not be affected thereby.''
Darfur Peace and Accountability
Pub. L. 109-344, Oct. 13, 2006, 120 Stat. 1869, provided that:
``SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
``(a) Short Title.--This Act may be cited as the `Darfur Peace and
Accountability Act of 2006'.
``(b) Table of Contents.--[Omitted.]
``SEC. 2. DEFINITIONS.
``In this Act:
``(1) AMIS.--The term `AMIS' means the African Union Mission in
Sudan.
``(2) Appropriate congressional committees.--The term
`appropriate congressional committees' means the Committee on
Foreign Relations of the Senate and the Committee on International
Relations of the House of Representatives.
``(3) Comprehensive peace agreement for sudan.--The term
`Comprehensive Peace Agreement for Sudan' means the peace agreement
signed by the Government of Sudan and the SPLM/A in Nairobi, Kenya,
on January 9, 2005.
``(4) Darfur peace agreement.--The term `Darfur Peace Agreement'
means the peace agreement signed by the Government of Sudan and by
Minni Minnawi, leader of the Sudan Liberation Movement/Army Faction,
in Abuja, Nigeria, on May 5, 2006.
``(5) Government of sudan.--The term `Government of Sudan'--
``(A) means--
``(i) the government in Khartoum, Sudan, which is led by
the National Congress Party (formerly known as the National
Islamic Front); or
``(ii) any successor government formed on or after the
date of the enactment of this Act [Oct. 13, 2006] (including
the coalition National Unity Government agreed upon in the
Comprehensive Peace Agreement for Sudan); and
``(B) does not include the regional government of Southern
Sudan.
``(6) Officials of the government of sudan.--The term `official
of the Government of Sudan' does not include any individual--
``(A) who was not a member of such government before July 1,
2005; or
``(B) who is a member of the regional government of Southern
Sudan.
``(7) SPLM/A.--The term `SPLM/A' means the Sudan People's
Liberation Movement/Army.
``SEC. 3. FINDINGS.
``Congress makes the following findings:
``(1) On July 23, 2004, Congress declared, `the atrocities
unfolding in Darfur, Sudan, are genocide'.
``(2) On September 9, 2004, Secretary of State Colin L. Powell
stated before the Committee on Foreign
Relations of the Senate, `genocide has occurred and may still be
occurring in Darfur', and `the Government of Sudan and the Janjaweed
bear responsibility'.
``(3) On September 21, 2004, in an address before the United
Nations General Assembly, President George W. Bush affirmed the
Secretary of State's finding and stated, `[a]t this hour, the world
is witnessing terrible suffering and horrible crimes in the Darfur
region of Sudan, crimes my government has concluded are genocide'.
``(4) On July 30, 2004, the United Nations Security Council
passed Security Council Resolution 1556 (2004), calling upon the
Government of Sudan to disarm the Janjaweed militias and to
apprehend and bring to justice Janjaweed leaders and their
associates who have incited and carried out violations of human
rights and international humanitarian law, and establishing a ban on
the sale or supply of arms and related materiel of all types,
including the provision of related technical training or assistance,
to all nongovernmental entities and individuals, including the
Janjaweed.
``(5) On September 18, 2004, the United Nations Security Council
passed Security Council Resolution 1564 (2004), determining that the
Government of Sudan had failed to meet its obligations under
Security Council Resolution 1556 (2004), calling for a military
flight ban in and over the Darfur region, demanding the names of
Janjaweed militiamen disarmed and arrested for verification,
establishing an International Commission of Inquiry on Darfur to
investigate violations of international humanitarian and human
rights laws, and threatening sanctions should the Government of
Sudan fail to fully comply with Security Council Resolutions 1556
(2004) and 1564 (2004), including such actions as to affect Sudan's
petroleum sector or individual members of the Government of Sudan.
``(6) The Report of the International Commission of Inquiry on
Darfur, submitted to the United Nations Secretary-General on January
25, 2005, established that the `Government of the Sudan and the
Janjaweed are responsible for serious violations of international
human rights and humanitarian law amounting to crimes under
international law,' that `these acts were conducted on a widespread
and systematic basis, and therefore may amount to crimes against
humanity,' and that officials of the Government of Sudan and other
individuals may have acted with `genocidal intent'.
``(7) On March 24, 2005, the United Nations Security Council
passed Security Council Resolution 1590 (2005), establishing the
United Nations Mission in Sudan (referred to in this section as the
`UNMIS'), consisting of up to 10,000 military personnel and 715
civilian police tasked with supporting the implementation of the
Comprehensive Peace Agreement for Sudan and to `closely and
continuously liaise and coordinate at all levels with the African
Union Mission in Sudan (AMIS)', which had been established by the
African Union on May 24, 2004, to monitor the implementation of the
N'Djamena Humanitarian Ceasefire Agreement, signed on April 8, 2004,
`with a view towards expeditiously reinforcing the effort to foster
peace in Darfur'.
``(8) On March 29, 2005, the United Nations Security Council
passed Security Council Resolution 1591 (2005), extending the
military embargo established by Security Council Resolution 1556
(2004) to all the parties to the N'Djamena Ceasefire Agreement of
April 8, 2004, and any other belligerents in the states of North
Darfur, South Darfur, and West Darfur, calling for an asset freeze
and travel ban against those individuals who impede the peace
process, constitute a threat to stability in Darfur and the region,
commit violations of international humanitarian or human rights law
or other atrocities, are responsible for offensive military
overflights, or violate the military embargo, and establishing a
Committee of the Security Council and a panel of experts to assist
in monitoring compliance with Security Council Resolutions 1556
(2004) and 1591 (2005).
``(9) On March 31, 2005, the United Nations Security Council
passed Security Council Resolution 1593 (2005), referring the
situation in Darfur since July 1, 2002, to the prosecutor of the
International Criminal Court and calling on the Government of Sudan
and all parties to the conflict to cooperate fully with the Court.
``(10) On July 30, 2005, Dr. John Garang de Mabior, the newly
appointed Vice President of Sudan and the leader of the SPLM/A for
the past 21 years, was killed in a tragic helicopter crash in
Southern Sudan, sparking riots in Khartoum and challenging the
commitment of all Sudanese to the Comprehensive Peace Agreement for
Sudan.
``(11) On January 12, 2006, the African Union Peace and Security
Council issued a communique endorsing, in principle, a transition
from AMIS to a United Nations peacekeeping operation and requested
the Chairperson of the Council to initiate consultations with the
United Nations and other stakeholders toward this end.
``(12) On February 3, 2006, the United Nations Security Council
issued a Presidential Statement authorizing the initiation of
contingency planning for a transition from AMIS to a United Nations
peacekeeping operation.
``(13) On March 10, 2006, the African Union Peace and Security
Council extended the mandate of AMIS, which had reached a force size
of 7,000, to September 30, 2006, while simultaneously endorsing the
transition of AMIS to a United Nations peacekeeping operation and
setting April 30, 2006 as the deadline for reaching an agreement to
resolve the crisis in Darfur.
``(14) On March 24, 2006, the United Nations Security Council
passed Security Council Resolution 1663 (2006), which--
``(A) welcomes the African Peace and Security Council's
March 10, 2006 communique; and
``(B) requests that the United Nations Secretary-General,
jointly with the African Union and in consultation with the
parties to the Abuja Peace Talks, expedite planning for the
transition of AMIS to a United Nations peacekeeping operation.
``(15) On March 29, 2006, during a speech at Freedom House,
President Bush called for a transition to a United Nations
peacekeeping operation and `additional forces with a NATO overlay .
. . to provide logistical and command-and-control and airlift
capacity, but also to send a clear signal to parties involved that
the west is determined to help effect a settlement.'.
``(16) On April 25, 2006, the United Nations Security Council
passed Security Council Resolution 1672 (2006), unanimously imposing
targeted financial sanctions and travel restrictions on 4
individuals who had been identified as those who, among other acts,
`impede the peace process, constitute a threat to stability in
Darfur and the region, commit violations of international
humanitarian or human rights law or other atrocities', including the
Commander of the Western Military Region for the armed forces of
Sudan, the Paramount Chief of the Jalul Tribe in North Darfur, the
Commander of the Sudan Liberation Army, and the Field Commander of
the National Movement for Reform and Development.
``(17) On May 5, 2006, under the auspices of African Union
mediation and the direct engagement of the international community,
including the United States, the Government of Sudan and the largest
rebel faction in Darfur, the Sudan Liberation Movement, led by Minni
Minnawi, signed the Darfur Peace Agreement, which addresses
security, power sharing, and wealth sharing issues between the
parties.
``(18) In August 2006, the Sudanese government began to amass
military forces and equipment in the Darfur region in contravention
of the Darfur Peace Agreement to which they are signatories in what
appears to be preliminary to full scale war.
``(19) On August 30, 2006, the United Nations Security Council
passed Security Council Resolution 1706 (2006), without dissent and
with abstentions by China, Russian Federation, and Qatar, thereby
asserting that the existing United Nations Mission in Sudan `shall
take over from AMIS responsibility for supporting the implementation
of the Darfur Peace Agreement upon the expiration of AMIS' mandate
but in any event no later than 31 December 2006', and that UNMIS
`shall be strengthened by up to 17,300 military personnel . . .
3,300 civilian police personnel and up to 16 Formed Police Units',
which `shall begin to be deployed [to Darfur] no later than 1
October 2006'.
``(20) Between August 30 and September 3, 2006, President Bashir
and other senior members of his administration have publicly
rejected United Nations Security Council Resolution 1706 (2006),
calling it illegal and a western invasion of his country, despite
the current presence of 10,000 United Nations peacekeepers under the
UNMIS peacekeeping force.
``(21) Since 1993, the Secretary of State has determined,
pursuant to section 6(j) of the Export Administration Act of 1979
(50 App. U.S.C. 2405(j)), that Sudan is a country, the government of
which has repeatedly provided support for acts of international
terrorism, thereby restricting United States assistance, defense
exports and sales, and financial and other transactions with the
Government of Sudan.
``SEC. 4. SENSE OF CONGRESS.
``It is the sense of Congress that--
``(1) the genocide unfolding in the Darfur region of Sudan is
characterized by acts of terrorism and atrocities directed against
civilians, including mass murder, rape, and sexual violence
committed by the Janjaweed and associated militias with the
complicity and support of the National Congress Party-led faction of
the Government of Sudan;
``(2) all parties to the conflict in the Darfur region have
continued to violate the N'Djamena Ceasefire Agreement of April 8,
2004, and the Abuja Protocols of November 9, 2004, and violence
against civilians, humanitarian aid workers, and personnel of AMIS
is increasing;
``(3) the African Union should immediately make all necessary
preparations for an orderly transition to a United Nations
peacekeeping operation, which will maintain an appropriate level of
African participation, with a mandate to protect civilians and
humanitarian operations, assist in the implementation of the Darfur
Peace Agreement, and deter violence in the Darfur region;
``(4) the international community, including the United States
and the European Union, should immediately act to mobilize
sufficient political, military, and financial resources through the
United Nations and the North Atlantic Treaty Organization, to
support the transition of AMIS to a United Nations peacekeeping
operation with the size, strength, and capacity necessary to protect
civilians and humanitarian operations, to assist with the
implementation of the Darfur Peace Agreement, and to end the
continued violence in the Darfur region;
``(5) if an expanded and reinforced AMIS or subsequent United
Nations peacekeeping operation fails to stop genocide in the Darfur
region, the international community should take additional measures
to prevent and suppress acts of genocide in the Darfur region;
``(6) acting under article 5 of the Charter of the United
Nations, the United Nations Security Council should call for
suspension of the Government of Sudan's rights and privileges of
membership by the General Assembly until such time as the Government
of Sudan has honored pledges to cease attacks upon civilians,
demobilize and demilitarize the Janjaweed and associated militias,
and grant free and unfettered access for deliveries of humanitarian
assistance in the Darfur region;
``(7) the President should use all necessary and appropriate
diplomatic means to ensure the full discharge of the
responsibilities of the Committee of the United Nations Security
Council and the panel of experts established pursuant to section
3(a) of Security Council Resolution 1591 (2005);
``(8) the President should direct the United States Permanent
Representative to the United Nations to use the voice, vote, and
influence of the United States to urge the adoption of a resolution
by the United Nations Security Council that--
``(A) extends the military embargo established by United
Nations Security Resolutions 1556 (2004) and 1591 (2005) to
include a total ban on the sale or supply of offensive military
equipment to the Government of Sudan, except for use in an
internationally recognized demobilization program or for
nonlethal assistance necessary to carry out elements of the
Comprehensive Peace Agreement for Sudan or the Darfur Peace
Agreement; and
``(B) calls upon those member states of the United Nations
that continue to undermine efforts to foster peace in Sudan by
providing military assistance to the Government of Sudan,
government supported militias, or any rebel group operating in
Darfur in violation of the embargo on such assistance and
equipment, as called for in United Nations Security Council
Resolutions 1556 (2004) and 1591 (2005), to immediately cease
and desist.
``(9) the United States should not provide assistance to the
Government of Sudan, other than assistance necessary for the
implementation of the Comprehensive Peace Agreement for Sudan and
the Darfur Peace Agreement, the support of the regional Government
of Southern Sudan, the Transitional Darfur Regional Authority, and
marginalized areas in Northern Sudan (including the Nuba Mountains,
Southern Blue Nile, Abyei, Eastern Sudan (Beja), Darfur, and Nubia),
or for humanitarian purposes in Sudan, until the Government of Sudan
has honored pledges to cease attacks upon civilians, demobilize and
demilitarize the Janjaweed and associated militias, grant free and
unfettered access for deliveries of humanitarian assistance in the
Darfur region, and allow for the safe and voluntary return of
refugees and internally displaced persons;
``(10) the President should seek to assist members of the
Sudanese diaspora in the United States by establishing a student
loan forgiveness program for those individuals who commit to return
to Southern Sudan for a period of not less than 5 years for the
purpose of contributing professional skills needed for the
reconstruction of Southern Sudan;
``(11) the Presidential Special Envoy for Sudan should be
provided with appropriate resources and a clear mandate to--
``(A) provide stewardship of efforts to implement the
Comprehensive Peace Agreement for Sudan and the Darfur Peace
Agreement;
``(B) seek ways to bring stability and peace to the Darfur
region;
``(C) address instability elsewhere in Sudan, Chad, and
northern Uganda; and
``(D) pursue a truly comprehensive peace throughout the
region;
``(12) the international community should strongly condemn
attacks against humanitarian workers and African Union personnel,
and the forcible recruitment of refugees and internally displaced
persons from camps in Chad and Sudan, and demand that all armed
groups in the region, including the forces of the Government of
Sudan, the Janjaweed, associated militias, the Sudan Liberation
Movement/Army, the Justice and Equality Movement, the National
Movement for Reform and Development (NMRD), and all other armed
groups refrain from such activities;
``(13) the United States should fully support the Comprehensive
Peace Agreement for Sudan and the Darfur Peace Agreement and urge
rapid implementation of their terms;
``(14) the May 5, 2006[,] signing of the Darfur Peace Agreement
between the Government of Sudan and the Sudan Liberation Movement
was a positive development in a situation that has seen little
political progress in 2 years and should be seized upon by all sides
to begin the arduous process of post-conflict reconstruction,
restitution, justice, and reconciliation; and
``(15) the new leadership of the Sudan People's Liberation
Movement (referred to in this paragraph as `SPLM') should--
``(A) seek to transform SPLM into an inclusive, transparent,
and democratic body;
``(B) reaffirm the commitment of SPLM to--
``(i) bring peace to Southern Sudan, the Darfur region,
and Eastern Sudan; and
``(ii) eliminate safe haven for regional rebel
movements, such as the Lord's Resistance Army; and
``(C) remain united in the face of efforts to undermine
SPLM.
``SEC. 5. SANCTIONS IN SUPPORT OF PEACE IN DARFUR.
``(a) Blocking of Assets and Restriction on Visas.--[Amended Pub. L.
108-497, set out below.]
``(b) Waiver.--[Amended Pub. L. 108-497, set out below.]
``(c) Sanctions Against Janjaweed Commanders and Coordinators or
Other Individuals.--It is the sense of Congress, that the President
should immediately impose the sanctions described in section 6(c) of the
Comprehensive Peace in Sudan Act of 2004 [Pub. L. 108-497, set out
below], as added by subsection (a), against any individual, including
the Janjaweed commanders and coordinators, identified as those who,
among other acts, `impede the peace process, constitute a threat to
stability in Darfur and the region, commit violations of international
humanitarian or human rights law or other atrocities'.
``SEC. 6. ADDITIONAL AUTHORITIES TO DETER AND SUPPRESS GENOCIDE IN
DARFUR.
``(a) Presidential Assistance To Support AMIS.--Subject to
subsection (b) and notwithstanding any other provision of law, the
President is authorized to provide AMIS with--
``(1) assistance for any expansion of the mandate, size,
strength, and capacity to protect civilians and humanitarian
operations in order to help stabilize the Darfur region of Sudan and
dissuade and deter air attacks directed against civilians and
humanitarian workers; and
``(2) assistance in the areas of logistics, transport,
communications, material support, technical assistance, training,
command and control, aerial surveillance, and intelligence.
``(b) Conditions.--
``(1) In general.--Assistance provided under subsection (a)--
``(A) shall be used only in the Darfur region; and
``(B) shall not be provided until AMIS has agreed not to
transfer title to, or possession of, any such assistance to
anyone not an officer, employee or agent of AMIS (or subsequent
United Nations peacekeeping operation), and not to use or to
permit the use of such assistance for any purposes other than
those for which such assistance was furnished, unless the
consent of the President has first been obtained, and written
assurances reflecting all of the forgoing have been obtained
from AMIS by the President.
``(2) Consent.--If the President consents to the transfer of
such assistance to anyone not an officer, employee, or agent of AMIS
(or subsequent United Nations peacekeeping operation), or agrees to
permit the use of such assistance for any purposes other than those
for which such assistance was furnished, the President shall
immediately notify the Committee on Foreign Relations of the Senate
and the Committee on International Relations of the House of
Representatives in accordance with the procedures applicable to
reprogramming notifications under section 634A of the Foreign
Assistance Act of 1961 (22 U.S.C. 2394-1).
``(c) NATO Assistance To Support AMIS.--It is the sense of Congress
that the President should continue to instruct the United States
Permanent Representative to the North Atlantic Treaty Organization
(referred to in this section as `NATO') to use the voice, vote, and
influence of the United States at NATO to--
``(1) advocate NATO reinforcement of the AMIS and its orderly
transition to a United Nations peacekeeping operation, as
appropriate;
``(2) provide assets to help dissuade and deter air strikes
directed against civilians and humanitarian workers in the Darfur
region of Sudan; and
``(3) provide other logistical, transportation, communications,
training, technical assistance, command and control, aerial
surveillance, and intelligence support.
``(d) Rule of Construction.--Nothing in this Act, or any amendment
made by this Act, shall be construed as a provision described in section
5(b)(1) or 8(a)(1) of the War Powers Resolution (Public Law 93-148; 50
U.S.C. 1544(b), 1546(a)(1) [1547(a)(1)]).
``(e) Denial of Entry at United States Ports to Certain Cargo Ships
or Oil Tankers.--
``(1) In general.--The President should take all necessary and
appropriate steps to deny the Government of Sudan access to oil
revenues, including by prohibiting entry at United States ports to
cargo ships or oil tankers engaged in business or trade activities
in the oil sector of Sudan or involved in the shipment of goods for
use by the armed forces of Sudan until such time as the Government
of Sudan has honored its commitments to cease attacks on civilians,
demobilize and demilitarize the Janjaweed and associated militias,
grant free and unfettered access for deliveries of humanitarian
assistance, and allow for the safe and voluntary return of refugees
and internally displaced persons.
``(2) Exception.--Paragraph (1) shall not apply with respect to
cargo ships or oil tankers involved in--
``(A) an internationally-recognized demobilization program;
``(B) the shipment of non-lethal assistance necessary to
carry out elements of the Comprehensive Peace Agreement for
Sudan or the Darfur Peace Agreement; or
``(C) the shipment of military assistance necessary to carry
out elements of an agreement referred to in subparagraph (B) if
the President has made the determination set forth in section
8(c)(2).
``(f) Prohibition on Assistance to Countries in Violation of United
Nations Security Council Resolutions 1556 and 1591.--
``(1) Prohibition.--Amounts made available to carry out the
Foreign Assistance Act of 1961 (22 U.S.C. 2151 et seq.) may not be
used to provide assistance (other than humanitarian assistance) to
the government of a country that is in violation of the embargo on
military assistance with respect to Sudan imposed pursuant to United
Nations Security Council Resolutions 1556 (2004) and 1591 (2005).
``(2) Waiver.--The President may waive the application of
paragraph (1) if the President determines, and certifies to the
appropriate congressional committees, that such waiver is in the
national interests of the United States.
``SEC. 7. CONTINUATION OF RESTRICTIONS.
``(a) In General.--Restrictions against the Government of Sudan that
were imposed pursuant to Executive Order No. 13067 of November 3, 1997
(62 Federal Register 59989) [listed in a table below], title III and
sections 508, 512, 527, and 569 of the Foreign Operations, Export
Financing, and Related Programs Appropriations Act, 2006 (Public Law
109-102) [119 Stat. 2191, 2197, 2199, 2205, 2228], or any other similar
provision of law, shall remain in effect, and shall not be lifted
pursuant to such provisions of law, until the President certifies
to the appropriate congressional committees that the Government of Sudan
is acting in good faith to--
``(1) implement the Darfur Peace Agreement;
``(2) disarm, demobilize, and demilitarize the Janjaweed and all
militias allied with the Government of Sudan;
``(3) adhere to all associated United Nations Security Council
Resolutions, including Security Council Resolutions 1556 (2004),
1564 (2004), 1591 (2005), 1593 (2005), 1663 (2006), 1665 (2006), and
1706 (2006);
``(4) negotiate a peaceful resolution to the crisis in eastern
Sudan;
``(5) fully cooperate with efforts to disarm, demobilize, and
deny safe haven to members of the Lord's Resistance Army in Sudan;
and
``(6) fully implement the Comprehensive Peace Agreement for
Sudan without manipulation or delay, by--
``(A) implementing the recommendations of the Abyei
Boundaries Commission Report;
``(B) establishing other appropriate commissions and
implementing and adhering to the recommendations of such
commissions consistent with the terms of the Comprehensive Peace
Agreement for Sudan;
``(C) adhering to the terms of the Wealth Sharing Agreement;
and
``(D) withdrawing government forces from Southern Sudan
consistent with the terms of the Comprehensive Peace Agreement
for Sudan.
``(b) Waiver.--The President may waive the application of subsection
(a) if the President determines, and certifies to the appropriate
congressional committees, that such waiver is in the national interests
of the United States.
``SEC. 8. ASSISTANCE EFFORTS IN SUDAN.
``(a) Assistance for International Malaria Control Act.--[Repealed
section 501 of Pub. L. 106-570, formerly set out below.]
``(b) Comprehensive Peace in Sudan Act.--[Amended Pub. L. 108-497,
set out below.]
``(c) Economic Assistance.--
``(1) In general.--Notwithstanding any other provision of law,
the President is authorized to provide economic assistance for
Southern Sudan, Southern Kordofan/Nuba Mountains State, Blue Nile
State, Abyei, Darfur, and marginalized areas in and around Khartoum,
in an effort to provide emergency relief, to promote economic self-
sufficiency, to build civil authority, to provide education, to
enhance rule of law and the development of judicial and legal
frameworks, and to support people to people reconciliation efforts,
or to implement any nonmilitary program in support of any viable
peace agreement in Sudan, including the Comprehensive Peace
Agreement for Sudan and the Darfur Peace Agreement.
``(2) Congressional notification.--Assistance may not be
obligated under this subsection until 15 days after the date on
which the Secretary of State notifies the congressional committees
specified in section 634A of the Foreign Assistance Act of 1961 (22
U.S.C. 2394-1) of such obligation in accordance with the procedures
applicable to reprogramming notifications under such section.
``(d) Authorized Military Assistance.--
``(1) In general.--If the President has not made a certification
under section 12(a)(3) of the Sudan Peace Act [Pub. L. 107-245] (50
U.S.C. 1701 note) regarding the noncompliance of the SPLM/A or the
Government of Southern Sudan with the Comprehensive Peace Agreement
for Sudan, the President, notwithstanding any other provision of
law, may authorize, for each of fiscal years 2006, 2007, and 2008,
the provision of the following assistance to the Government of
Southern Sudan for the purpose of constituting a professional
military force--
``(A) non-lethal military equipment and related defense
services, including training, controlled under the International
Traffic in Arms Regulations (22 C.F.R. 120.1 et seq.) if the
President--
``(i) determines that the provision of such items is in
the national security interest of the United States; and
``(ii) not later than 15 days before the provision of
any such items, notifies the Committee on Foreign Relations
of the Senate and the Committee on International Relations
of the House of Representatives of such determination; and
``(B) small arms and ammunition under categories I and III
of the United States Munitions List (22 C.F.R. 121.1 et seq.) if
the President--
``(i) determines that the provision of such equipment is
essential to the national security interests of the United
States; and
``(ii) consistent with the procedures set forth in
section 614(a)(3) of the Foreign Assistance Act of 1961 (22
U.S.C. 2364(a)(3)), notifies the Committee on Foreign
Relations of the Senate and the Committee on International
Relations of the House of Representatives of such
determination.
``(2) End use assurances.--For each item exported pursuant to
this subsection or subsection (c), the President shall include with
the notification to Congress under subparagraphs (A)(ii) and (B)(ii)
of paragraph (1)--
``(A) an identification of the end users to which the
provision of assistance is being made;
``(B) the dollar value of the items being provided;
``(C) a description of the items being provided; and
``(D) a description of the end use verification procedures
that will be applied to such items, including--
``(i) any special assurances obtained from the
Government of Southern Sudan or other authorized end users
regarding such equipment; and
``(ii) the end use or retransfer controls that will be
applied to any items provided under this subsection.
``(3) Waiver authority.--Section 40 of the Arms Export Control
Act (22 U.S.C. 2780) shall not apply to assistance provided under
paragraph (1).
``(e) Exception to Prohibitions in Executive Order Number 13067.--
Notwithstanding any other provision of law, the prohibitions set forth
with respect to Sudan in Executive Order No. 13067 (62 Fed. Reg. 59989)
[listed in a table below] shall not apply to activities or related
transactions with respect to Southern Sudan, Southern Kordofan/Nuba
Mountains State, Blue Nile State, Abyei, Darfur, or marginalized areas
in and around Khartoum.
``SEC. 9. REPORTING REQUIREMENTS.
``[Amended Pub. L. 107-245, set out below.]''
[Functions of President under sections 7 and 8 of Pub. L. 109-344,
set out above, assigned to Secretary of State by section 4(e) of Ex.
Ord. No. 13412, Oct. 13, 2006, 71 F.R. 61370, listed in a table below.]
Codification of Sanctions Against Iran
Pub. L. 109-293, title I, Sec. 101, Sept. 30, 2006, 120 Stat. 1344,
provided that:
``(a) Codification of Sanctions.--Except as otherwise provided in
this section, United States sanctions with respect to Iran imposed
pursuant to sections 1 and 3 of Executive Order No. 12957 [listed in a
table below], sections 1(e), (1)(g), and (3) of Executive Order No.
12959 [listed in a table below], and sections 2, 3, and 5 of Executive
Order No. 13059 [listed in a table below] (relating to exports and
certain other transactions with Iran) as in effect on January 1, 2006,
shall remain in effect. The President may terminate such sanctions, in
whole or in part, if the President notifies Congress at least 15 days in
advance of such termination. In the event of exigent circumstances, the
President may exercise the authority set forth in the preceding sentence
without regard to the notification requirement stated therein, except
that such notification shall be provided as early as practicable, but in
no event later than three working days after such exercise of authority.
``(b) No Effect on Other Sanctions Relating to Support for Acts of
International Terrorism.--Nothing in this Act [see Short Title of 2006
Amendment note above] shall affect any United States sanction, control,
or regulation as in effect on January 1, 2006, relating to a
determination under section 6(j)(1)(A) of the Export Administration Act
of 1979 (50 U.S.C. App. 2405(j)(1)(A)), section 620A(a) of the Foreign
Assistance Act of 1961 (22 U.S.C. 2371(a)), or section 40(d) of the Arms
Export Control Act (22 U.S.C. 2780(d)) that the Government of Iran has
repeatedly provided support for acts of international terrorism.''
Burmese Freedom and Democracy
Pub. L. 108-61, July 28, 2003, 117 Stat. 864, as amended by Pub. L.
109-251, Sec. 1, Aug. 1, 2006, 120 Stat. 654, provided that:
``SECTION 1. SHORT TITLE.
``This Act may be cited as the `Burmese Freedom and Democracy Act of
2003'.
``SEC. 2. FINDINGS.
``Congress makes the following findings:
``(1) The State Peace and Development Council (SPDC) has failed
to transfer power to the National League for Democracy (NLD) whose
parliamentarians won an overwhelming victory in the 1990 elections
in Burma.
``(2) The SPDC has failed to enter into meaningful, political
dialogue with the NLD and ethnic minorities and has dismissed the
efforts of United Nations Special Envoy Razali bin Ismail to further
such dialogue.
``(3) According to the State Department's `Report to the
Congress Regarding Conditions in Burma and U.S. Policy Toward Burma'
dated March 28, 2003, the SPDC has become `more confrontational' in
its exchanges with the NLD.
``(4) On May 30, 2003, the SPDC, threatened by continued support
for the NLD throughout Burma, brutally attacked NLD supporters,
killed and injured scores of civilians, and arrested democracy
advocate Aung San Suu Kyi and other activists.
``(5) The SPDC continues egregious human rights violations
against Burmese citizens, uses rape as a weapon of intimidation and
torture against women, and forcibly conscripts child-soldiers for
the use in fighting indigenous ethnic groups.
``(6) The SPDC is engaged in ethnic cleansing against minorities
within Burma, including the Karen, Karenni, and Shan people, which
constitutes a crime against humanity and has directly led to more
than 600,000 internally displaced people living within Burma and
more than 130,000 people from Burma living in refugee camps along
the Thai-Burma border.
``(7) The ethnic cleansing campaign of the SPDC is in sharp
contrast to the traditional peaceful coexistence in Burma of
Buddhists, Muslims, Christians, and people of traditional beliefs.
``(8) The SPDC has demonstrably failed to cooperate with the
United States in stopping the flood of heroin and methamphetamines
being grown, refined, manufactured, and transported in areas under
the control of the SPDC serving to flood the region and much of the
world with these illicit drugs.
``(9) The SPDC provides safety, security, and engages in
business dealings with narcotics traffickers under indictment by
United States authorities, and other producers and traffickers of
narcotics.
``(10) The International Labor Organization (ILO), for the first
time in its 82-year history, adopted in 2000, a resolution
recommending that governments, employers, and workers organizations
take appropriate measures to ensure that their relations with the
SPDC do not abet the government-sponsored system of forced,
compulsory, or slave labor in Burma, and that other international
bodies reconsider any cooperation they may be engaged in with Burma
and, if appropriate, cease as soon as possible any activity that
could abet the practice of forced, compulsory, or slave labor.
``(11) The SPDC has integrated the Burmese military and its
surrogates into all facets of the economy effectively destroying any
free enterprise system.
``(12) Investment in Burmese companies and purchases from them
serve to provide the SPDC with currency that is used to finance its
instruments of terror and repression against the Burmese people.
``(13) On April 15, 2003, the American Apparel and Footwear
Association expressed its `strong support for a full and immediate
ban on U.S. textiles, apparel and footwear imports from Burma' and
called upon the United States Government to `impose an outright ban
on U.S. imports' of these items until Burma demonstrates respect for
basic human and labor rights of its citizens.
``(14) The policy of the United States, as articulated by the
President on April 24, 2003, is to officially recognize the NLD as
the legitimate representative of the Burmese people as determined by
the 1990 election.
``(15) The United States must work closely with other nations,
including Thailand, a close ally of the United States, to highlight
attention to the SPDC's systematic abuses of human rights in Burma,
to ensure that nongovernmental organizations promoting human rights
and political freedom in Burma are allowed to operate freely and
without harassment, and to craft a multilateral sanctions regime
against Burma in order to pressure the SPDC to meet the conditions
identified in section 3(a)(3) of this Act.
``SEC. 3. BAN AGAINST TRADE THAT SUPPORTS THE MILITARY REGIME OF BURMA.
``(a) General Ban.--
``(1) In general.--Notwithstanding any other provision of law,
until such time as the President determines and certifies to
Congress that Burma has met the conditions described in paragraph
(3), beginning 30 days after the date of the enactment of this Act
[July 28, 2003], the President shall ban the importation of any
article that is a product of Burma.
``(2) Ban on imports from certain companies.--The import
restrictions contained in paragraph (1) shall apply to, among other
entities--
``(A) the SPDC, any ministry of the SPDC, a member of the
SPDC or an immediate family member of such member;
``(B) known narcotics traffickers from Burma or an immediate
family member of such narcotics trafficker;
``(C) the Union of Myanmar Economics Holdings Incorporated
(UMEHI) or any company in which the UMEHI has a fiduciary
interest;
``(D) the Myanmar Economic Corporation (MEC) or any company
in which the MEC has a fiduciary interest;
``(E) the Union Solidarity and Development Association
(USDA); and
``(F) any successor entity for the SPDC, UMEHI, MEC, or
USDA.
``(3) Conditions described.--The conditions described in this
paragraph are the following:
``(A) The SPDC has made substantial and measurable progress
to end violations of internationally recognized human rights
including rape, and the Secretary of State, after consultation
with the ILO Secretary General and relevant nongovernmental
organizations, reports to the appropriate congressional
committees that the SPDC no longer systematically violates
workers rights, including the use of forced and child labor, and
conscription of child-soldiers.
``(B) The SPDC has made measurable and substantial progress
toward implementing a democratic government including--
``(i) releasing all political prisoners;
``(ii) allowing freedom of speech and the press;
``(iii) allowing freedom of association;
``(iv) permitting the peaceful exercise of religion; and
``(v) bringing to a conclusion an agreement between the
SPDC and the democratic forces led by the NLD and Burma's
ethnic nationalities on the transfer of power to a civilian
government accountable to the Burmese people through
democratic elections under the rule of law.
``(C) Pursuant to section 706(2) of the Foreign Relations
Authorization Act, Fiscal Year 2003 (Public Law 107-228) [22
U.S.C. 2291j-1(2)], Burma has not been designated as a country
that has failed demonstrably to make substantial efforts to
adhere to its obligations under international counternarcotics
agreements and to take other effective counternarcotics
measures, including, but not limited to (i) the arrest and
extradition of all individuals under indictment in the United
States for narcotics trafficking, (ii) concrete and measurable
actions to stem the flow of illicit drug money into Burma's
banking system and economic enterprises, and (iii) actions to
stop the manufacture and export of methamphetamines.
``(4) Appropriate congressional committees.--In this subsection,
the term `appropriate congressional committees' means the Committees
on Foreign Relations and Appropriations of the Senate and the
Committees on International Relations and Appropriations of the
House of Representatives.
``(b) Waiver Authorities.--The President may waive the prohibitions
described in this section for any or all articles that are a product of
Burma if the President determines and notifies the Committees on
Appropriations, Finance, and Foreign Relations of the Senate and the
Committees on Appropriations, International Relations, and Ways and
Means of the House of Representatives that to do so is in the national
interest of the United States.
``SEC. 4. FREEZING ASSETS OF THE BURMESE REGIME IN THE UNITED STATES.
``(a) Reporting Requirement.--Not later than 60 days after the date
of enactment of this Act [July 28, 2003], the President shall take such
action as is necessary to direct, and promulgate regulations to the
same, that any United States financial institution holding funds
belonging to the SPDC or the assets of those individuals who hold senior
positions in the SPDC or its political arm, the Union Solidarity
Development Association, shall promptly report those funds or assets to
the Office of Foreign Assets Control.
``(b) Additional Authority.--The President may take such action as
may be necessary to impose a sanctions regime to freeze such funds or
assets, subject to such terms and conditions as the President determines
to be appropriate.
``(c) Delegation.--The President may delegate the duties and
authorities under this section to such Federal officers or other
officials as the President deems appropriate.
``SEC. 5. LOANS AT INTERNATIONAL FINANCIAL INSTITUTIONS.
``The Secretary of the Treasury shall instruct the United States
executive director to each appropriate international financial
institution in which the United States participates, to oppose, and vote
against the extension by such institution of any loan or financial or
technical assistance to Burma until such time as the conditions
described in section 3(a)(3) are met.
``SEC. 6. EXPANSION OF VISA BAN.
``(a) In General.--
``(1) Visa ban.--The President is authorized to deny visas and
entry to the former and present leadership of the SPDC or the Union
Solidarity Development Association.
``(2) Updates.--The Secretary of State shall coordinate on a
biannual basis with representatives of the European Union to allow
officials of the United States and the European Union to ensure a
high degree of coordination of lists of individuals banned from
obtaining a visa by the European Union for the reason described in
paragraph (1) and those banned from receiving a visa from the United
States.
``(b) Publication.--The Secretary of State shall post on the
Department of State's website the names of individuals whose entry into
the United States is banned under subsection (a).
``SEC. 7. CONDEMNATION OF THE REGIME AND DISSEMINATION OF INFORMATION.
``Congress encourages the Secretary of State to highlight the
abysmal record of the SPDC to the international community and use all
appropriate fora, including the Association of Southeast Asian Nations
Regional Forum and Asian Nations Regional Forum, to encourage other
states to restrict financial resources to the SPDC and Burmese companies
while offering political recognition and support to Burma's democratic
movement including the National League for Democracy and Burma's ethnic
groups.
``SEC. 8. SUPPORT DEMOCRACY ACTIVISTS IN BURMA.
``(a) In General.--The President is authorized to use all available
resources to assist Burmese democracy activists dedicated to nonviolent
opposition to the regime in their efforts to promote freedom, democracy,
and human rights in Burma, including a listing of constraints on such
programming.
``(b) Reports.--
``(1) First report.--Not later than 3 months after the date of
enactment of this Act [July 28, 2003], the Secretary of State shall
provide the Committees on Appropriations and Foreign Relations of
the Senate and the Committees on Appropriations and International
Relations of the House of Representatives a comprehensive report on
its short- and long-term programs and activities to support
democracy activists in Burma, including a list of constraints on
such programming.
``(2) Report on resources.--Not later than 6 months after the
date of enactment of this Act, the Secretary of State shall provide
the Committees on Appropriations and Foreign Relations of the Senate
and the Committees on Appropriations and International Relations of
the House of Representatives a report identifying resources that
will be necessary for the reconstruction of Burma, after the SPDC is
removed from power, including--
``(A) the formation of democratic institutions;
``(B) establishing the rule of law;
``(C) establishing freedom of the press;
``(D) providing for the successful reintegration of military
officers and personnel into Burmese society; and
``(E) providing health, educational, and economic
development.
``(3) Report on trade sanctions.--Not later than 90 days before
the date on which the import restrictions contained in section
3(a)(1) are to expire, the Secretary of State, in consultation with
the United States Trade Representative and the heads of appropriate
agencies, shall submit to the Committees on Appropriations, Finance,
and Foreign Relations of the Senate, and the Committees on
Appropriations, International Relations, and Ways and Means of the
House of Representatives, a report on--
``(A) bilateral and multilateral measures undertaken by the
United States Government and other governments to promote human
rights and democracy in Burma;
``(B) the extent to which actions related to trade with
Burma taken pursuant to this Act have been effective in--
``(i) improving conditions in Burma, including human
rights violations, arrest and detention of democracy
activists, forced and child labor, and the status of
dialogue between the SPDC and the NLD and ethnic minorities;
``(ii) furthering the policy objections of the United
States toward Burma; and
``(C) the impact of actions relating to trade take [sic]
pursuant to this Act on other national security, economic, and
foreign policy interests of the United States, including
relations with countries friendly to the United States.
``SEC. 9. DURATION OF SANCTIONS.
``(a) Termination by Request From Democratic Burma.--The President
may terminate any provision in this Act upon the request of a
democratically elected government in Burma, provided that all the
conditions in section 3(a)(3) have been met.
``(b) Continuation of Import Sanctions.--
``(1) Expiration.--The import restrictions contained in section
3(a)(1) shall expire 1 year from the date of enactment of this Act
[July 28, 2003] unless renewed under paragraph (2) of this section
[subsection].
``(2) Resolution by congress.--The import restrictions contained
in section 3(a)(1) may be renewed annually for a 1-year period if,
prior to the anniversary of the date of enactment of this Act, and
each year thereafter, a renewal resolution is enacted into law in
accordance with subsection (c).
``(3) Limitation.--The import restrictions contained in section
3(a)(1) may be renewed for a maximum of six years from the date of
the enactment of this Act [July 28, 2003].
``(c) Renewal Resolutions.--
``(1) In general.--For purposes of this section, the term
`renewal resolution' means a joint resolution of the 2 Houses of
Congress, the sole matter after the resolving clause of which is as
follows: `That Congress approves the renewal of the import
restrictions contained in section 3(a)(1) of the Burmese Freedom and
Democracy Act of 2003.'.
``(2) Procedures.--
``(A) In general.--A renewal resolution--
``(i) may be introduced in either House of Congress by
any member of such House at any time within the 90-day
period before the expiration of the import restrictions
contained in section 3(a)(1); and
``(ii) the provisions of subparagraph (B) shall apply.
``(B) Expedited consideration.--The provisions of section
152(b), (c), (d), (e), and (f) of the Trade Act of 1974 (19
U.S.C. 2192 (b), (c), (d), (e), and (f)) apply to a renewal
resolution under this Act as if such resolution were a
resolution described in section 152(a) of the Trade Act of
1974.''
[Pub. L. 109-251, Sec. 3, Aug. 1, 2006, 120 Stat. 654, provided
that: ``This Act [enacting note below and amending Pub. L. 108-61 set
out above] and the amendments made by this Act shall take effect on the
date of the enactment of this Act [Aug. 1, 2006] or July 26, 2006,
whichever occurs first.'']
[Certain powers of President under sections 3(a) and 4 of Pub. L.
108-61, set out above, delegated to Secretary of the Treasury and
functions and authorities of President under section 3(b) of Pub. L.
108-61 delegated to Secretary of State by section 9 of Ex. Ord. No.
13310, July 28, 2003, 68 F.R. 44854, listed in a table below.]
Provisions similar to those contained in section 5 of Pub. L. 108-
61, set out above, were contained in the following appropriation acts:
Pub. L. 109-102, title V, Sec. 526(a), Nov. 14, 2005, 119 Stat.
2205.
Pub. L. 108-447, div. D, title V, Sec. 531(a), Dec. 8, 2004, 118
Stat. 3004.
Pub. L. 108-199, div. D, title V, Sec. 531(a), Jan. 23, 2004, 118
Stat. 180.
Pub. L. 109-251, Sec. 2, Aug. 1, 2006, 120 Stat. 654, provided that:
``(a) In General.--Congress approves the renewal of import
restrictions contained in section 3(a)(1) of the Burmese Freedom and
Democracy Act of 2003 [Pub. L. 108-61, set out above].
``(b) Rule of Construction.--This joint resolution shall be deemed
to be a `renewal resolution' for purposes of section 9 of the Burmese
Freedom and Democracy Act of 2003.''
Prior similar provisions were contained in the following Acts:
Pub. L. 109-39, July 27, 2005, 119 Stat. 409.
Pub. L. 108-272, July 7, 2004, 118 Stat. 818.
Sudan Peace
Pub. L. 108-497, Dec. 23, 2004, 118 Stat. 4012, as amended by Pub.
L. 109-344, Secs. 5(a), (b), 8(b), Oct. 13, 2006, 120 Stat. 1875,
1876, 1879, provided that:
``SECTION 1. SHORT TITLE.
``This Act may be cited as the `Comprehensive Peace in Sudan Act of
2004'.
``SEC. 2. DEFINITIONS.
``In this Act:
``(1) Appropriate congressional committees.--The term
`appropriate congressional committees' means the Committee on
Foreign Relations of the Senate and the Committee on International
Relations of the House of Representatives.
``(2) Government of sudan.--The term `Government of Sudan' means
the National Congress Party, formerly known as the National Islamic
Front, government in Khartoum, Sudan, or any successor government
formed on or after the date of the enactment of this Act [Dec. 23,
2004] (other than the coalition government agreed upon in the
Nairobi Declaration on the Final Phase of Peace in the Sudan signed
on June 5, 2004).
``(3) JEM.--The term `JEM' means the Justice and Equality
Movement.
``(4) SLA.--The term `SLA' means the Sudan Liberation Army.
``(5) SPLM.--The term `SPLM' means the Sudan People's Liberation
Movement.
``SEC. 3. FINDINGS.
``Congress makes the following findings:
``(1) A comprehensive peace agreement for Sudan, as envisioned
in the Sudan Peace Act [Pub. L. 107-245] (50 U.S.C. 1701 note) and
the Machakos Protocol of 2002, could be in jeopardy if the parties
do not implement and honor the agreements they have signed.
``(2) Since seizing power through a military coup in 1989, the
Government of Sudan repeatedly has attacked and dislocated civilian
populations in southern Sudan in a coordinated policy of ethnic
cleansing and genocide that has cost the lives of more than
2,000,000 people and displaced more than 4,000,000 people.
``(3) In response to two decades of civil conflict in Sudan, the
United States has helped to establish an internationally supported
peace process to promote a negotiated settlement to the war that has
resulted in a framework peace agreement, the Nairobi Declaration on
the Final Phase of Peace in the Sudan, signed on June 5, 2004.
``(4) At the same time that the Government of Sudan was
negotiating for a comprehensive and all inclusive peace agreement,
enumerated in the Nairobi Declaration on the Final Phase of Peace in
the Sudan, it refused to engage in any meaningful discussion with
regard to its ongoing campaign of ethnic cleansing and genocide in
the Darfur region of western Sudan.
``(5) The Government of Sudan reluctantly agreed to attend talks
to bring peace to the Darfur region only after considerable
international pressure and outrage was expressed through high level
visits by Secretary of State Colin Powell and others, and through
United Nations Security Council Resolution 1556 (July 30, 2004).
``(6) The Government of the United States, in both the executive
branch and Congress, has concluded that genocide has been committed
and may still be occurring in the Darfur region, and that the
Government of Sudan and militias supported by the Government of
Sudan, known as the Janjaweed, bear responsibility for the genocide.
``(7) Evidence collected by international observers in the
Darfur region between February 2003 and November 2004 indicate a
coordinated effort to target African Sudanese civilians in a
scorched earth policy, similar to that which was employed in
southern Sudan, that has destroyed African Sudanese villages,
killing and driving away their people, while Arab Sudanese villages
have been left unscathed.
``(8) As a result of this genocidal policy in the Darfur region,
an estimated 70,000 people have died, more than 1,600,000 people
have been internally displaced, and more than 200,000 people have
been forced to flee to neighboring Chad.
``(9) Reports further indicate the systematic rape of thousands
of women and girls, the abduction of women and children, and the
destruction of hundreds of ethnically African villages, including
the poisoning of their wells and the plunder of their crops and
cattle upon which the people of such villages sustain themselves.
``(10) Despite the threat of international action expressed
through United Nations Security Council Resolutions 1556 (July 30,
2004) and 1564 (September 18, 2004), the Government of Sudan
continues to obstruct and prevent efforts to reverse the
catastrophic consequences that loom over the Darfur region.
``(11) In addition to the thousands of violent deaths directly
caused by ongoing Sudanese military and government-sponsored
Janjaweed attacks in the Darfur region, the Government of Sudan has
restricted access by humanitarian and human rights workers to the
Darfur area through intimidation by military and security forces,
and through bureaucratic and administrative obstruction, in an
attempt to inflict the most devastating harm on those individuals
displaced from their villages and homes without any means of
sustenance or shelter.
``(12) The Government of Sudan's continued support for the
Janjaweed and their obstruction of the delivery of food, shelter,
and medical care to the Darfur region is estimated by the World
Health Organization to be causing up to 10,000 deaths per month and,
should current conditions persist, is projected to escalate to
thousands of deaths each day by December 2004.
``(13) The Government of Chad served an important role in
facilitating the humanitarian cease-fire (the N'Djamena Agreement
dated April 8, 2004) for the Darfur region between the Government of
Sudan and the two opposition rebel groups in the Darfur region (the
JEM and the SLA), although both sides have violated the cease-fire
agreement repeatedly.
``(14) The people of Chad have responded courageously to the
plight of over 200,000 Darfur refugees by providing assistance to
them even though such assistance has adversely affected their own
means of livelihood.
``(15) On September 9, 2004, Secretary of State Colin Powell
stated before the Committee on Foreign Relations of the Senate:
`When we reviewed the evidence compiled by our team, along with
other information available to the State Department, we concluded
that genocide has been committed in Darfur and that the Government
of Sudan and the [Janjaweed] bear responsibility--and genocide may
still be occurring.'.
``(16) The African Union has demonstrated renewed vigor in
regional affairs through its willingness to respond to the crisis in
the Darfur region, by convening talks between the parties and
deploying several hundred monitors and security forces to the
region, as well as by recognizing the need for a far larger force
with a broader mandate.
``(17) The Government of Sudan's complicity in the atrocities
and genocide in the Darfur region raises fundamental questions about
the Government of Sudan's commitment to peace and stability in
Sudan.
``SEC. 4. SENSE OF CONGRESS REGARDING THE CONFLICT IN DARFUR, SUDAN.
``(a) Sudan Peace Act.--It is the sense of Congress that the Sudan
Peace Act [Pub. L. 107-245] (50 U.S.C. 1701 note) remains relevant and
should be extended to include the Darfur region of Sudan.
``(b) Actions To Address the Conflict.--It is the sense of Congress
that--
``(1) a legitimate countrywide peace in Sudan will only be
possible if those principles enumerated in the 1948 Universal
Declaration of Human Rights, that are affirmed in the Machakos
Protocol of 2002 and the Nairobi Declaration on the Final Phase of
Peace in the Sudan signed on June 5, 2004, are applied to all of
Sudan, including the Darfur region;
``(2) the parties to the N'Djamena Agreement (the Government of
Sudan, the JEM, and the SLA) must meet their obligations under that
Agreement to allow safe and immediate delivery of all humanitarian
assistance throughout the Darfur region and must expedite the
conclusion of a political agreement to end the genocide and conflict
in the Darfur region;
``(3) the United States should continue to provide humanitarian
assistance to the areas of Sudan to which the United States has
access and, at the same time, implement a plan to provide assistance
to the areas of Sudan to which access has been obstructed or denied;
``(4) the international community, including African, Arab, and
Muslim nations, should immediately provide resources necessary to
save the lives of hundreds of thousands of individuals at risk as a
result of the crisis in the Darfur region;
``(5) the United States and the international community should--
``(A) provide all necessary assistance to deploy and sustain
an African Union Force to the Darfur region; and
``(B) work to increase the authorized level and expand the
mandate of such forces commensurate with the gravity and scope
of the problem in a region the size of France;
``(6) the President, acting through the Secretary of State and
the Permanent Representative of the United States to the United
Nations, should--
``(A) condemn any failure on the part of the Government of
Sudan to fulfill its obligations under United Nations Security
Council Resolutions 1556 (July 30, 2004) and 1564 (September 18,
2004), and press the United Nations Security Council to respond
to such failure by immediately imposing the penalties suggested
in paragraph (14) of United Nations Security Council Resolution
1564;
``(B) press the United Nations Security Council to pursue
accountability for those individuals who are found responsible
for orchestrating and carrying out the atrocities in the Darfur
region, consistent with relevant United Nations Security Council
Resolutions; and
``(C) encourage member states of the United Nations to--
``(i) cease to import Sudanese oil; and
``(ii) take the following actions against Sudanese
Government and military officials and other individuals, who
are planning, carrying out, or otherwise involved in the
policy of genocide in the Darfur region, as well as their
families, and businesses controlled by the Government of
Sudan and the National Congress Party:
``(I) freeze the assets held by such individuals or businesses
in each such member state; and
``(II) restrict the entry or transit of such officials through
each such member state;
``(7) the President should impose targeted sanctions, including
a ban on travel and the freezing of assets, on those officials of
the Government of Sudan, including military officials, and other
individuals who have planned or carried out, or otherwise been
involved in the policy of genocide in the Darfur region, and should
also freeze the assets of businesses controlled by the Government of
Sudan or the National Congress Party;
``(8) the Government of the United States should not normalize
relations with Sudan, including
through the lifting of any sanctions, until the Government of Sudan
agrees to, and takes demonstrable steps to implement, peace
agreements for all areas of Sudan, including the Darfur region;
``(9) those individuals found to be involved in the planning or
carrying out of genocide, war crimes, or crimes against humanity
should not hold leadership positions in the Government of Sudan or
the coalition government established pursuant to the agreements
reached in the Nairobi Declaration on the Final Phase of Peace in
the Sudan; and
``(10) the Government of Sudan has a primary responsibility to
guarantee the safety and welfare of its citizens, which includes
allowing them access to humanitarian assistance and providing them
protection from violence.
``SEC. 5. AMENDMENTS TO THE SUDAN PEACE ACT.
``[Amended Pub. L. 107-245, set out below.]
``SEC. 6. SANCTIONS IN SUPPORT OF PEACE IN DARFUR.
``(a) Sanctions.--Beginning on the date that is 30 days after the
date of enactment of this Act [Dec. 23, 2004], the President shall,
notwithstanding paragraph (1) of section 6(b) of the Sudan Peace Act
[Pub. L. 107-245] (50 U.S.C. 1701 note), implement the measures set
forth in subparagraphs (A) through (D) of paragraph (2) of such section.
``(b) Blocking of Assets of Appropriate Senior Officials of the
Government of Sudan.--Beginning on the date that is 30 days after the
date of enactment of this Act, the President shall, consistent with the
authorities granted in the International Emergency Economic Powers Act
(50 U.S.C. 1701 et seq.), block the assets of appropriate senior
officials of the Government of Sudan.
``(c) Blocking of Assets and Restriction on Visas of Certain
Individuals Identified by the President.--
``(1) Blocking of assets.--Beginning on the date that is 30 days
after the date of the enactment of the Darfur Peace and
Accountability Act of 2006 [Oct. 13, 2006], and in the interest of
contributing to peace in Sudan, the President shall, consistent with
the authorities granted under the International Emergency Economic
Powers Act (50 U.S.C. 1701 et seq.), block the assets of any
individual who the President determines is complicit in, or
responsible for, acts of genocide, war crimes, or crimes against
humanity in Darfur, including the family members or any associates
of such individual to whom assets or property of such individual was
transferred on or after July 1, 2002.
``(2) Restriction on visas.--Beginning on the date that is 30
days after the date of the enactment of the Darfur Peace and
Accountability Act of 2006, and in the interest of contributing to
peace in Sudan, the President shall deny a visa and entry to any
individual who the President determines to be complicit in, or
responsible for, acts of genocide, war crimes, or crimes against
humanity in Darfur, including the family members or any associates
of such individual to whom assets or property of such individual was
transferred on or after July 1, 2002.
``(d) Waiver.--The President may waive the application of subsection
(a) or (b) if the President determines and certifies to the appropriate
congressional committees that such a waiver is in the national interest
of the United States. The President may waive the application of
paragraph (1) or (2) of subsection (c) with respect to any individual if
the President determines that such a waiver is in the national interests
of the United States and, before exercising the waiver, notifies the
appropriate congressional committees of the name of the individual and
the reasons for the waiver.
``(e) Continuation of Restrictions.--Restrictions against the
Government of Sudan that were imposed pursuant to title III and sections
508, 512, and 527 of the Foreign Operations, Export Financing, and
Related Programs Act, 2004 (division D of Public Law 108-199; 118 Stat.
143 [162, 169, 170, 177]), or any other similar provision of law, shall
remain in effect against the Government of Sudan and may not be lifted
pursuant to such provisions of law unless the President transmits a
certification to the appropriate congressional committees in accordance
with paragraph (2) of section 12(a) of the Sudan Peace Act (as added by
section 5(a)(1) of this Act).
``(f) Determination.--Notwithstanding subsection (a) of this
section, the President shall continue to transmit the determination
required under section 6(b)(1)(A) of the Sudan Peace Act (50 U.S.C. 1701
note).
``SEC. 7. ADDITIONAL AUTHORITIES.
``[Repealed. Pub. L. 109-344, Sec. 8(b), Oct. 13, 2006, 120 Stat.
1879.]
``SEC. 8. TECHNICAL CORRECTION.
``[Amended section 288f-2 of Title 22, Foreign Relations and
Intercourse.]''
[For assignment of functions of President under subsec. (c) and the
last sentence of subsec. (d) of section 6 of Pub. L. 108-497, set out
above, see section 4(c), (d) of Ex. Ord. No. 13412, Oct. 13, 2006, 71
F.R. 61370, listed in a table below.]
Pub. L. 107-245, Oct. 21, 2002, 116 Stat. 1504, as amended by Pub.
L. 108-497, Sec. 5, Dec. 23, 2004, 118 Stat. 4016; Pub. L. 109-344,
Sec. 9, Oct. 13, 2006, 120 Stat. 1880, provided that:
``SECTION 1. SHORT TITLE.
``This Act may be cited as the `Sudan Peace Act'.
``SEC. 2. FINDINGS.
``The Congress makes the following findings:
``(1) The Government of Sudan has intensified its prosecution of
the war against areas outside of its control, which has already cost
more than 2,000,000 lives and has displaced more than 4,000,000
people.
``(2) A viable, comprehensive, and internationally sponsored
peace process, protected from manipulation, presents the best chance
for a permanent resolution of the war, protection of human rights,
and a self-sustaining Sudan.
``(3) Continued strengthening and reform of humanitarian relief
operations in Sudan is an essential element in the effort to bring
an end to the war.
``(4) Continued leadership by the United States is critical.
``(5) Regardless of the future political status of the areas of
Sudan outside of the control of the Government of Sudan, the absence
of credible civil authority and institutions is a major impediment
to achieving self-sustenance by the Sudanese people and to
meaningful progress toward a viable peace process. It is critical
that credible civil authority and institutions play an important
role in the reconstruction of post-war Sudan.
``(6) Through the manipulation of traditional rivalries among
peoples in areas outside of its full control, the Government of
Sudan has used divide-and-conquer techniques effectively to
subjugate its population. However, internationally sponsored
reconciliation efforts have played a critical role in reducing human
suffering and the effectiveness of this tactic.
``(7) The Government of Sudan utilizes and organizes militias,
Popular Defense Forces, and other irregular units for raiding and
enslaving parties in areas outside of the control of the Government
of Sudan in an effort to disrupt severely the ability of the
populations in those areas to sustain themselves. The tactic helps
minimize the Government of Sudan's accountability internationally.
``(8) The Government of Sudan has repeatedly stated that it
intends to use the expected proceeds from future oil sales to
increase the tempo and lethality of the war against the areas
outside of its control.
``(9) By regularly banning air transport relief flights by the
United Nations relief operation OLS, the Government of Sudan has
been able to manipulate the receipt of food aid by the Sudanese
people
from the United States and other donor countries as a devastating
weapon of war in the ongoing effort by the Government of Sudan to
starve targeted groups and subdue areas of Sudan outside of the
Government's control.
``(10) The acts of the Government of Sudan, including the acts
described in this section, constitute genocide as defined by the
Convention on the Prevention and Punishment of the Crime of Genocide
(78 U.N.T.S. 277).
``(11) The efforts of the United States and other donors in
delivering relief and assistance through means outside of OLS have
played a critical role in addressing the deficiencies in OLS and
offset the Government of Sudan's manipulation of food donations to
advantage in the civil war in Sudan.
``(12) While the immediate needs of selected areas in Sudan
facing starvation have been addressed in the near term, the
population in areas of Sudan outside of the control of the
Government of Sudan are still in danger of extreme disruption of
their ability to sustain themselves.
``(13) The Nuba Mountains and many areas in Bahr al Ghazal and
the Upper Nile and the Blue Nile regions have been excluded
completely from relief distribution by OLS, consequently placing
their populations at increased risk of famine.
``(14) At a cost which has sometimes exceeded $1,000,000 per
day, and with a primary focus on providing only for the immediate
food needs of the recipients, the current international relief
operations are neither sustainable nor desirable in the long term.
``(15) The ability of populations to defend themselves against
attack in areas outside of the control of the Government of Sudan
has been severely compromised by the disengagement of the front-line
states of Ethiopia, Eritrea, and Uganda, fostering the belief among
officials of the Government of Sudan that success on the battlefield
can be achieved.
``(16) The United States should use all means of pressure
available to facilitate a comprehensive solution to the war in
Sudan, including--
``(A) the multilateralization of economic and diplomatic
tools to compel the Government of Sudan to enter into a good
faith peace process;
``(B) the support or creation of viable democratic civil
authority and institutions in areas of Sudan outside of
government control;
``(C) continued active support of people-to-people
reconciliation mechanisms and efforts in areas outside of
government control;
``(D) the strengthening of the mechanisms to provide
humanitarian relief to those areas; and
``(E) cooperation among the trading partners of the United
States and within multilateral institutions toward those ends.
``SEC. 3. DEFINITIONS.
``In this Act:
``(1) Appropriate congressional committees.--The term
`appropriate congressional committees' means the Committee on
International Relations of the House of Representatives and the
Committee on Foreign Relations of the Senate.
``(2) Government of sudan.--Except as provided in section 12,
the term `Government of Sudan' means the National Islamic Front
government in Khartoum, Sudan.
``(3) OLS.--The term `OLS' means the United Nations relief
operation carried out by UNICEF, the World Food Program, and
participating relief organizations known as `Operation Lifeline
Sudan'.
``(4) SPLM.--The term `SPLM' means the Sudan People's Liberation
Movement.
``SEC. 4. CONDEMNATION OF SLAVERY, OTHER HUMAN RIGHTS ABUSES, AND
TACTICS OF THE GOVERNMENT OF SUDAN.
``The Congress hereby--
``(1) condemns--
``(A) violations of human rights on all sides of the
conflict in Sudan;
``(B) the Government of Sudan's overall human rights record,
with regard to both the prosecution of the war and the denial of
basic human and political rights to all Sudanese;
``(C) the ongoing slave trade in Sudan and the role of the
Government of Sudan in abetting and tolerating the practice;
``(D) the Government of Sudan's use and organization of
`murahalliin' or `mujahadeen', Popular Defense Forces, and
regular Sudanese Army units into organized and coordinated
raiding and slaving parties in Bahr al Ghazal, the Nuba
Mountains, and the Upper Nile and the Blue Nile regions; and
``(E) aerial bombardment of civilian targets that is
sponsored by the Government of Sudan; and
``(2) recognizes that, along with selective bans on air
transport relief flights by the Government of Sudan, the use of
raiding and slaving parties is a tool for creating food shortages
and is used as a systematic means to destroy the societies, culture,
and economies of the Dinka, Nuer, and Nuba peoples in a policy of
low-intensity ethnic cleansing.
``SEC. 5. ASSISTANCE FOR PEACE AND DEMOCRATIC GOVERNANCE.
``(a) Assistance to Sudan.--The President is authorized to provide
increased assistance to the areas of Sudan that are not controlled by
the Government of Sudan to prepare the population for peace and
democratic governance, including support for civil administration,
communications infrastructure, education, health, and agriculture.
``(b) Authorization of Appropriations.--
``(1) In general.--There are authorized to be appropriated to
the President to carry out the activities described in subsection
(a) of this section $100,000,000 for each of the fiscal years 2003,
2004, and 2005.
``(2) Availability.--Amounts appropriated pursuant to the
authorization of appropriations under paragraph (1) of this
subsection are authorized to remain available until expended.
``SEC. 6. SUPPORT FOR AN INTERNATIONALLY SANCTIONED PEACE PROCESS.
``(a) Findings.--Congress hereby--
``(1) recognizes that--
``(A) a single, viable internationally and regionally
sanctioned peace process holds the greatest opportunity to
promote a negotiated, peaceful settlement to the war in Sudan;
and
``(B) resolution to the conflict in Sudan is best made
through a peace process based on the Declaration of Principles
reached in Nairobi, Kenya, on July 20, 1994, and on the Machakos
Protocol in July 2002; and
``(2) commends the efforts of Special Presidential Envoy,
Senator Danforth and his team in working to assist the parties to
the conflict in Sudan in finding a just, permanent peace to the
conflict in Sudan.
``(b) Measures of Certain Conditions Not Met.--
``(1) Presidential determination.--
``(A) The President shall make a determination and certify
in writing to the appropriate congressional committees within 6
months after the date of enactment of this Act [Oct. 21, 2002],
and each 6 months thereafter, that the Government of Sudan and
the Sudan People's Liberation Movement are negotiating in good
faith and that negotiations should continue.
``(B) If, under subparagraph (A) the President determines
and certifies in writing to the appropriate congressional
committees that the Government of Sudan has not engaged in good
faith negotiations to achieve a permanent, just, and equitable
peace agreement, or has unreasonably interfered with
humanitarian efforts, then the President, after consultation
with the Congress, shall implement the measures set forth in
paragraph (2).
``(C) If, under paragraph (A) the President determines and
certifies in writing to the appropriate congressional committees
that the Sudan People's
Liberation Movement has not engaged in good faith negotiations
to achieve a permanent, just, and equitable peace agreement,
then paragraph (2) shall not apply to the Government of Sudan.
``(D) If the President certifies to the appropriate
congressional committees that the Government of Sudan is not in
compliance with the terms of a permanent peace agreement between
the Government of Sudan and the Sudan People's Liberation
Movement, then the President, after consultation with the
Congress, shall implement the measures set forth in paragraph
(2).
``(E) If, at any time after the President has made a
certification under subparagraph (B), the President makes a
determination and certifies in writing to the appropriate
congressional committees that the Government of Sudan has
resumed good faith negotiations, or makes a determination and
certifies in writing to the appropriate congressional committees
that the Government of Sudan is in compliance with a peace
agreement, then paragraph (2) shall not apply to the Government
of Sudan.
``(2) Measures in support of the peace process.--Subject to the
provisions of paragraph (1), the President--
``(A) shall, through the Secretary of the Treasury, instruct
the United States executive directors to each international
financial institution to continue to vote against and actively
oppose any extension by the respective institution of any loan,
credit, or guarantee to the Government of Sudan;
``(B) should consider downgrading or suspending diplomatic
relations between the United States and the Government of Sudan;
``(C) shall take all necessary and appropriate steps,
including through multilateral efforts, to deny the Government
of Sudan access to oil revenues to ensure that the Government of
Sudan neither directly nor indirectly utilizes any oil revenues
to purchase or acquire military equipment or to finance any
military activities; and
``(D) shall seek a United Nations Security Council
Resolution to impose an arms embargo on the Government of Sudan.
``(c) Report on the Status of Negotiations.--If, at any time after
the President has made a certification under subsection (b)(1)(A), the
Government of Sudan discontinues negotiations with the Sudan People's
Liberation Movement for a 14-day period, then the President shall submit
a quarterly report to the appropriate congressional committees on the
status of the peace process until negotiations resume.
``(d) Report on United States Opposition To Financing by
International Financial Institutions.--The Secretary of the Treasury
shall submit a semiannual report to the appropriate congressional
committees describing the steps taken by the United States to oppose the
extension of a loan, credit, or guarantee if, after the Secretary of the
Treasury gives the instructions described in subsection (b)(2)(A), such
financing is extended.
``(e) Report on Efforts To Deny Oil Revenues.--Not later than 45
days after the President takes an action under subsection (b)(2)(C), the
President shall submit to the appropriate congressional committees a
comprehensive plan for implementing the actions described in such
subsection.
``(f) Definition.--In this section, the term `international
financial institution' means the International Bank for Reconstruction
and Development, the International Development Association, the
International Monetary Fund, the African Development Bank, and the
African Development Fund.
``SEC. 7. MULTILATERAL PRESSURE ON COMBATANTS.
``It is the sense of Congress that--
``(1) the United Nations should help facilitate peace and
recovery in Sudan;
``(2) the President, acting through the United States Permanent
Representative to the United Nations, should seek to end the veto
power of the Government of Sudan over the plans by OLS for air
transport relief flights and, by doing so, to end the manipulation
of the delivery of relief supplies to the advantage of the
Government of Sudan on the battlefield; and
``(3) the President should take appropriate measures, including
the implementation of recommendations of the International Eminent
Persons Commission contained in the report issued on May 22, 2002,
to end slavery and aerial bombardment of civilians by the Government
of Sudan.
``SEC. 8. REPORTING REQUIREMENTS.
``(a) Report on Commercial Activity.--Not later than 30 days after
the date of the enactment of the Comprehensive Peace in Sudan Act of
2004 [Dec. 23, 2004], and annually thereafter until the completion of
the interim period outlined in the Machakos Protocol of 2002, the
Secretary of State, in consultation with relevant United States
Government departments and agencies, shall submit to the appropriate
congressional committees a report regarding commercial activity in Sudan
that includes--
``(1) a description of the sources and current status of Sudan's
financing and construction of infrastructure and pipelines for oil
exploitation, the effects of such financing and construction on the
inhabitants of the regions in which the oil fields are located and
the ability of the Government of Sudan to finance the war in Sudan
with the proceeds of the oil exploitation;
``(2) a description of the extent to which that financing was
secured in the United States or with the involvement of United
States citizens; and
``(3) a description of the relationships between Sudan's arms
industry and major foreign business enterprises and their
subsidiaries, including government-controlled entities.
``(b) Report on the Conflict in Sudan, Including the Darfur
Region.--Not later than 30 days after the date of the enactment of the
Comprehensive Peace in Sudan Act of 2004 [Dec. 23, 2004], and annually
thereafter until the completion of the interim period outlined in the
Machakos Protocol of 2002, the Secretary of State shall prepare and
submit to the appropriate congressional committees a report regarding
the conflict in Sudan, including the conflict in the Darfur region. Such
report shall include--
``(1) the best estimates of the extent of aerial bombardment of
civilian centers in Sudan by the Government of Sudan, including
targets, frequency, and best estimates of damage; and
``(2) a description of the extent to which humanitarian relief
in Sudan has been obstructed or manipulated by the Government of
Sudan or other forces, and a contingency plan to distribute
assistance should the Government of Sudan continue to obstruct or
delay the international humanitarian response to the crisis in
Darfur.
``(c) Report on African Union Mission in Sudan.--Until such time as
AMIS concludes its mission in Darfur, in conjunction with the other
reports required under this section, the Secretary of State, in
consultation with all relevant Federal departments and agencies, shall
prepare and submit a report, to the appropriate congressional
committees, regarding--
``(1) a detailed description of all United States assistance
provided to the African Union Mission in Sudan (referred to in this
subsection as `AMIS') since the establishment of AMIS, reported by
fiscal year and the type and purpose of such assistance; and
``(2) the level of other international assistance provided to
AMIS, including assistance from countries, regional and
international organizations, such as the North Atlantic Treaty
Organization, the European Union, the Arab League, and the United
Nations, reported by fiscal year and the type and purpose of such
assistance, to the extent possible.
``(d) Report on Sanctions in Support of Peace in Darfur.--In
conjunction with the other reports required under this section, the
Secretary of State shall submit a report to the appropriate
congressional committees regarding sanctions imposed under section 6 of
the Comprehensive Peace in Sudan Act of 2004 [Pub. L. 108-497, set out
above], including--
``(1) a description of each sanction imposed under such
provision of law;
``(2) the name of the individual or entity subject to the
sanction, if applicable; and
``(3) whether or not such individual has been identified by the
United Nations panel of experts.
``(e) Report on United States Military Assistance.--In conjunction
with the other reports required under this section, the Secretary of
State shall submit a report to the appropriate congressional committees
describing the effectiveness of any assistance provided under section 8
of the Darfur Peace and Accountability Act of 2006 [Pub. L. 109-344, set
out above], including--
``(1) a detailed annex on any military assistance provided in
the period covered by this report;
``(2) the results of any review or other monitoring conducted by
the Federal Government with respect to assistance provided under
that Act; and
``(3) any unauthorized retransfer or use of military assistance
furnished by the United States.
``(g)[sic] Disclosure to the Public.--The Secretary of State shall
publish or otherwise make available to the public each unclassified
report, or portion of a report that is unclassified, submitted under
subsection (a) or (b).
``SEC. 9. CONTINUED USE OF NON-OLS ORGANIZATIONS FOR RELIEF EFFORTS.
``(a) Sense of Congress.--It is the sense of the Congress that the
President should continue to increase the use of non-OLS agencies in the
distribution of relief supplies in southern Sudan.
``(b) Report.--Not later than 90 days after the date of enactment of
this Act [Oct. 21, 2002], the President shall submit to the appropriate
congressional committees a detailed report describing the progress made
toward carrying out subsection (a).
``SEC. 10. CONTINGENCY PLAN FOR ANY BAN ON AIR TRANSPORT RELIEF FLIGHTS.
``(a) Plan.--The President shall develop a contingency plan to
provide, outside the auspices of the United Nations if necessary, the
greatest possible amount of United States Government and privately
donated relief to all affected areas in Sudan, including the Nuba
Mountains and the Upper Nile and the Blue Nile regions, in the event
that the Government of Sudan imposes a total, partial, or incremental
ban on OLS air transport relief flights.
``(b) Reprogramming Authority.--Notwithstanding any other provision
of law, in carrying out the plan developed under subsection (a), the
President may reprogram up to 100 percent of the funds available for
support of OLS operations for the purposes of the plan.
``SEC. 11. INVESTIGATION OF WAR CRIMES.
``(a) In General.--The Secretary of State shall collect information
about incidents which may constitute crimes against humanity, genocide,
war crimes, and other violations of international humanitarian law by
all parties to the conflict in Sudan, including slavery, rape, and
aerial bombardment of civilian targets.
``(b) Report.--Not later than 6 months after the date of the
enactment of this Act [Oct. 21, 2002] and annually thereafter, the
Secretary of State shall prepare and submit to the appropriate
congressional committees a detailed report on the information that the
Secretary of State has collected under subsection (a) and any findings
or determinations made by the Secretary on the basis of that
information. The report under this subsection may be submitted as part
of the report required under section 8.
``(c) Consultations With Other Departments.--In preparing the report
required by this section, the Secretary of State shall consult and
coordinate with all other Government officials who have information
necessary to complete the report. Nothing contained in this section
shall require the disclosure, on a classified or unclassified basis, of
information that would jeopardize sensitive sources and methods or other
vital national security interests.
``SEC. 12. ASSISTANCE FOR THE CRISIS IN DARFUR AND FOR COMPREHENSIVE
PEACE IN SUDAN.
``(a) Assistance.--
``(1) Authority.--Notwithstanding any other provision of law,
the President is authorized to provide assistance for Sudan as
authorized in paragraph (5) of this section--
``(A) subject to the requirements of this section, to
support the implementation of a comprehensive peace agreement
that applies to all regions of Sudan, including the Darfur
region; and
``(B) to address the humanitarian and human rights crisis in
the Darfur region and eastern Chad, including to support the
African Union mission in the Darfur region, provided that no
assistance may be made available to the Government of Sudan.
``(2) Certification for the government of sudan.--Assistance
authorized under paragraph (1)(A) may be provided to the Government
of Sudan only if the President certifies to the appropriate
congressional committees that the Government of Sudan has taken
demonstrable steps to--
``(A) ensure that the armed forces of Sudan and any
associated militias are not committing atrocities or obstructing
human rights monitors or the provision of humanitarian
assistance;
``(B) demobilize and disarm militias supported or created by
the Government of Sudan;
``(C) allow full and unfettered humanitarian assistance to
all regions of Sudan, including the Darfur region;
``(D) allow an international commission of inquiry to
conduct an investigation of atrocities in the Darfur region, in
a manner consistent with United Nations Security Council
Resolution 1564 (September 18, 2004), to investigate reports of
violations of international humanitarian law and human rights
law in the Darfur region by all parties, to determine also
whether or not acts of genocide have occurred and to identify
the perpetrators of such violations with a view to ensuring that
those responsible are held accountable;
``(E) cooperate fully with the African Union, the United
Nations, and all other observer, monitoring, and protection
missions mandated to operate in Sudan;
``(F) permit the safe and voluntary return of displaced
persons and refugees to their homes and rebuild the communities
destroyed in the violence; and
``(G) implement the final agreements reached in the Naivasha
peace process and install a new coalition government based on
the Nairobi Declaration on the Final Phase of Peace in the Sudan
signed on June 5, 2004.
``(3) Certification with regard to splm's compliance with a
peace agreement.--If the President determines and certifies in
writing to the appropriate congressional committees that the SPLM
has not engaged in good faith negotiations, or has failed to honor
the agreements signed, the President shall suspend assistance
authorized in this section for the SPLM, except for health care,
education, and humanitarian assistance.
``(4) Suspension of assistance.--If, on a date after the
President transmits the certification described in paragraph (2),
the President determines that the Government of Sudan has ceased
taking the actions described in such paragraph, the President shall
immediately suspend the provision of any assistance to such
Government under this section until the date on which the President
transmits to the appropriate
congressional committees a further certification that the Government
of Sudan has resumed taking such actions.
``(5) Authorization of appropriations.--
``(A) In general.--In addition to any other funds otherwise
available for such purposes, there are authorized to be
appropriated to the President--
``(i) $100,000,000 for fiscal year 2005, and such sums
as may be necessary for each of the fiscal years 2006 and
2007, unless otherwise authorized, to carry out paragraph
(1)(A); and
``(ii) $200,000,000 for fiscal year 2005 to carry out
paragraph (1)(B), provided that no amounts appropriated
under this authorization may be made available for the
Government of Sudan.
``(B) Availability.--Amounts appropriated pursuant to the
authorization of appropriations under subparagraph (A) are
authorized to remain available until expended.
``(b) Government of Sudan Defined.--In this section, the term
`Government of Sudan' means the National Congress Party, formerly known
as the National Islamic Front, government in Khartoum, Sudan, or any
successor government formed on or after the date of the enactment of the
Comprehensive Peace in Sudan Act [of 2004, Dec. 23, 2004] (other than
the coalition government agreed upon in the Nairobi Declaration on the
Final Phase of Peace in the Sudan signed on June 5, 2004).''
[Memorandum of President of the United States, Oct. 21, 2004, 69
F.R. 63039, delegated to the Secretary of State the determination,
certification, and reporting functions of the President under sections
6(b)(1) and 6(c) of Pub. L. 107-245, set out above.]
[Memorandum of President of the United States, Mar. 14, 2005, 70
F.R. 14967, delegated to the Secretary of State the reporting function
of the President under section 6(e) of Pub. L. 107-245, set out above.]
Presidential Determinations on the Sudan Peace Act
Provisions certifying good faith negotiations between the Government
of Sudan and the Sudan People's Liberation Movement were contained in
the following:
Determination of President of the United States, No. 2004-29, Apr.
21, 2004, 69 F.R. 24905.
Determination of President of the United States, No. 2004-05, Oct.
21, 2003, 68 F.R. 63977.
Determination of President of the United States, No. 2003-21, Apr.
21, 2003, 68 F.R. 20329.
Assistance Efforts in Sudan
Pub. L. 108-199, div. D, title V, Sec. 534(j), Jan. 23, 2004, 118
Stat. 182, defined terms for purposes of section 501 of Pub. L. 106-570,
formerly set out below.
Pub. L. 106-570, title V, Sec. 501, Dec. 27, 2000, 114 Stat. 3050,
authorized the President to undertake appropriate programs with
indigenous groups, agencies, or organizations in areas outside of
control of the Government of Sudan in order to benefit the economic
development of that area and its people and exempted exports from those
areas from the export prohibitions of Ex. Ord. No. 13067, prior to
repeal by Pub. L. 109-344, Sec. 8(a), Oct. 13, 2006, 120 Stat. 1879.
Iran, North Korea, and Syria Nonproliferation
Pub. L. 106-178, Mar. 14, 2000, 114 Stat. 38, as amended by Pub. L.
107-228, div. B, title XIII, Sec. 1306, Sept. 30, 2002, 116 Stat. 1438;
Pub. L. 109-112, Secs. 3-4(e)(1), Nov. 22, 2005, 119 Stat. 2368,
2369; Pub. L. 109-353, Sec. 3, Oct. 13, 2006, 120 Stat. 2015, provided
that:
``SECTION 1. SHORT TITLE.
``This Act may be cited as the `Iran, North Korea, and Syria
Nonproliferation Act'.
``SEC. 2. REPORTS ON PROLIFERATION RELATING TO IRAN, NORTH KOREA, AND
SYRIA.
``(a) Reports.--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 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--
``(1) goods, services, or technology listed on--
``(A) 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);
``(B) the Missile Technology Control Regime Equipment and
Technology Annex of June 11, 1996, and subsequent revisions;
``(C) the lists of items and substances relating to
biological and chemical weapons the export of which is
controlled by the Australia Group;
``(D) 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
``(E) the Wassenaar Arrangement list of Dual Use Goods and
Technologies and Munitions list of July 12, 1996, and subsequent
revisions; or
``(2) goods, services, or technology not listed on any list
identified in paragraph (1) but which nevertheless would be, if they
were United States goods, services, or technology, prohibited for
export to Iran, North Korea, or Syria, as the case may be, 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.
``(b) Timing of Reports.--The reports under subsection (a) shall be
submitted not later than 90 days after the date of the enactment of this
Act [Mar. 14, 2000], not later than 6 months after such date of
enactment, and not later than the end of each 6-month 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; or
``(2) has engaged in a transfer 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 in any
report submitted thereafter under this section, except to the degree
that new information has emerged indicating that the particular transfer
may have continued, or been larger, more significant, or different in
nature than previously reported 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.
``(e) Content of Reports.--Each report under subsection (a) shall
contain, with respect to each foreign person identified in such report,
a brief description of the type and quantity of the goods, services, or
technology transferred by that person to Iran, the circumstances
surrounding the transfer, the usefulness of the transfer to Iranian
weapons programs, and the probable awareness or lack thereof of the
transfer on the part of the government with primary jurisdiction over
the person.
``SEC. 3. APPLICATION OF MEASURES TO CERTAIN FOREIGN PERSONS.
``(a) Application of Measures.--Subject to sections 4 and 5, the
President is authorized to apply with re
spect to each foreign person identified in a report submitted pursuant
to section 2(a), for such period of time as he may determine, any or all
of the measures described in subsection (b).
``(b) Description of Measures.--The measures referred to in
subsection (a) are the following:
``(1) Executive order no. 12938 prohibitions.--The measures set
forth in subsections (b) and (c) of section 4 of Executive Order No.
12938.
``(2) Arms export prohibition.--Prohibition on United States
Government sales to that foreign person of any item on the United
States Munitions List as in effect on August 8, 1995, and
termination of sales to that 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 prohibition.--Denial of licenses and
suspension of existing licenses for the transfer to that person of
items the export of which is controlled under the Export
Administration Act of 1979 [50 U.S.C. App. 2401 et seq.] or the
Export Administration Regulations.
``(c) Effective Date of Measures.--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 2(b);
``(2) 90 days after the date required by section 2(b) 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 2(b).
``(d) Publication in Federal Register.--The application of measures
to a foreign person pursuant to subsection (a) shall be announced by
notice published in the Federal Register.
``SEC. 4. PROCEDURES IF MEASURES ARE NOT APPLIED.
``(a) Requirement To Notify Congress.--Should the President not
exercise the authority of section 3(a) to apply any or all of the
measures described in section 3(b) with respect to a foreign person
identified in a report submitted pursuant to section 2(a), he shall so
notify the Committee on International Relations of the House of
Representatives and the Committee on Foreign Relations of the Senate no
later than the effective date under section 3(c) for measures with
respect to that person.
``(b) Written Justification.--Any notification submitted by the
President under subsection (a) shall include a written justification
describing in detail the facts and circumstances relating specifically
to the foreign person identified in a report submitted pursuant to
section 2(a) that support the President's decision not to exercise the
authority of section 3(a) with respect to that person.
``(c) Submission in Classified Form.--When the President considers
it appropriate, the notification of the President under subsection (a),
and the written justification under subsection (b), or appropriate parts
thereof, may be submitted in classified form.
``SEC. 5. DETERMINATION EXEMPTING FOREIGN PERSON FROM SECTIONS 3 AND 4.
``(a) In General.--Sections 3 and 4 shall not apply to a foreign
person 15 days after the President reports to the Committee on
International Relations of the House of Representatives and the
Committee on Foreign Relations of the Senate that the President has
determined, on the basis of information provided by that person, or
otherwise obtained by the President, that--
``(1) the 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, the goods, services, or technology the apparent transfer of
which caused that person to be identified in a report submitted
pursuant to section 2(a);
``(2) the goods, services, or technology the transfer of which
caused that person to be identified in a report submitted pursuant
to section 2(a) did not materially contribute to the efforts of
Iran, North Korea, or Syria, as the case may be, to develop 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 that list;
``(3) the person is subject to the primary jurisdiction of a
government that is an adherent to one or more relevant
nonproliferation regimes, the person was identified in a report
submitted pursuant to section 2(a) with respect to a transfer of
goods, services, or technology described in section 2(a)(1), and
such transfer was made consistent with the guidelines and parameters
of all such relevant regimes of which such government is an
adherent; or
``(4) the government with primary jurisdiction over the person
has imposed meaningful penalties on that person on account of the
transfer of the goods, services, or technology which caused that
person to be identified in a report submitted pursuant to section
2(a).
``(b) Opportunity To Provide Information.--Congress urges the
President--
``(1) in every appropriate case, to contact in a timely fashion
each foreign person identified in each report submitted pursuant to
section 2(a), or the government with primary jurisdiction over such
person, in order to afford such person, or governments, 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 2(a); and
``(2) to exercise the authority in subsection (a) in all cases
where information obtained from a foreign person identified in a
report submitted pursuant to section 2(a), or from the government
with primary jurisdiction over such person, establishes that the
exercise of such authority is warranted.
``(c) Submission in Classified Form.--When the President considers
it appropriate, the determination and report of the President under
subsection (a), or appropriate parts thereof, may be submitted in
classified form.
``SEC. 6. RESTRICTION ON EXTRAORDINARY PAYMENTS IN CONNECTION WITH THE
INTERNATIONAL SPACE STATION.
``(a) Restriction on Extraordinary Payments in Connection With the
International Space Station.--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 the extraordinary
payments in connection with the International Space Station are to be
made, the President has made the determination described in subsection
(b), and reported such determination to the Committee on International
Relations and the Committee on Science of the House of Representatives
and the Committee on Foreign Relations and the Committee on Commerce,
Science, and Transportation of the Senate.
``(b) Determination Regarding Russian Cooperation in Preventing
Proliferation Relating to Iran, North Korea, and Syria.--The
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 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, ex
port 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 development of nuclear, biological, or chemical
weapons, or of ballistic or cruise missile systems; 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 1-year period
prior to the date of the determination pursuant to this subsection,
made transfers to or from Iran, North Korea, or Syria reportable
under section 2(a) of this Act (other than transfers with respect to
which a determination pursuant to section 5 has been or will be
made).
``(c) Prior Notification.--Not less than 5 days before making a
determination under subsection (b), the President shall notify the
Committee on International Relations and the Committee on Science of the
House of Representatives and the Committee on Foreign Relations and the
Committee on Commerce, Science, and Transportation of the Senate of his
intention to make such determination.
``(d) Written Justification.--A determination of the President under
subsection (b) shall include a written justification describing in
detail the facts and circumstances supporting the President's
conclusion.
``(e) Submission in Classified Form.--When the President considers
it appropriate, a determination of the President under subsection (b), a
prior notification under subsection (c), and a written justification
under subsection (d), or appropriate parts thereof, may be submitted in
classified form.
``(f) Exception for Crew Safety.--
``(1) Exception.--The National Aeronautics and Space
Administration may make extraordinary payments that would otherwise
be prohibited under this section to the Russian Aviation and Space
Agency or any organization or entity under the jurisdiction or
control of the Russian Aviation and Space Agency if the President
has notified the Congress in writing that such payments are
necessary to prevent the imminent loss of life by or grievous injury
to individuals aboard the International Space Station.
``(2) Report.--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
submit 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 by 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 by or
grievous injury to individuals aboard the International
Space Station.
``(g) Service Module Exception.--
``(1) The National Aeronautics and Space Administration may make
extraordinary payments that would otherwise be prohibited under this
section 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 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 5 days
before making such payments;
``(B) no report has been made under section 2 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 which 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 60 days after
a United States propulsion module is in place at the International
Space Station.
``(h) Exception.--Notwithstanding subsections (a) and (b), 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--
``(1) section 3 of this Act; or
``(2) section 4 of Executive Order No. 12938 (November 14,
1994), as amended by Executive Order No. 13094 (July 28, 1998).
Such payments shall also not be made to any other entity if the agency
of the United States Government anticipates that such payments will be
passed on to such a foreign person.
``(i) Report on Certain Payments Related to International Space
Station.--
``(1) In general.--The President shall, together with each
report submitted under section 2(a), submit to the Committee on
Foreign Relations of the Senate and the Committee on International
Relations of the House of Representatives a report that identifies
each Russian entity or person to whom the United States Government
has, since the date of the enactment of the Iran Nonproliferation
Amendments Act of 2005 [Nov. 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) Content.--Each report submitted under paragraph (1) shall
include--
``(A) the specific purpose of each payment made to each
entity or person identified in the 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)).
``SEC. 7. DEFINITIONS.
``For purposes of this Act, the following terms have the following
meanings:
``(1) Extraordinary payments in connection with the
international space station.--The 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
Russian Government 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 those 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 prior to January 1,
2012, for work to be performed or services to be rendered prior to
that 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.
``(2) Foreign person; person.--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 government, including any foreign
governmental entity; and
``(D) any successor, subunit, or subsidiary of any entity
described in subparagraph (A), (B), or (C), including any entity
in which any entity described in any such subparagraph owns a
controlling interest.
``(3) Executive order no. 12938.--The term `Executive Order No.
12938' means Executive Order No. 12938 [listed in a table below] as
in effect on January 1, 1999.
``(4) Adherent to relevant nonproliferation regime.--A
government is an `adherent' to a `relevant nonproliferation regime'
if that government--
``(A) is a member of the Nuclear Suppliers Group with
respect to a transfer of goods, services, or technology
described in section 2(a)(1)(A);
``(B) is a member of the Missile Technology Control Regime
with respect to a transfer of goods, services, or technology
described in section 2(a)(1)(B), 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
2(a)(1)(C);
``(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 2(a)(1)(D); or
``(E) is a member of the Wassenaar Arrangement with respect
to a transfer of goods, services, or technology described in
section 2(a)(1)(E).
``(5) 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 Russian Government 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
Russian Government at any other time before, on, or after
the date of the enactment of this Act [Mar. 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.''
[Pub. L. 109-112, Sec. 4(e)(2), Nov. 22, 2005, 119 Stat. 2370,
provided that: ``Any reference in a law, regulation, document, or other
record of the United States to the Iran Nonproliferation Act of 2000
[now Iran, North Korea, and Syria Nonproliferation Act, Pub. L. 106-198,
set out above] shall be deemed to be a reference to the Iran and Syria
Nonproliferation Act.'']
[Memorandum of President of the United States, Sept. 11, 2000, 65
F.R. 56209, delegated to the Secretary of State functions and
authorities conferred on the President under Pub. L. 106-178, set out
above, with the exception of section 6(f) and (g), from which were
delegated to the Secretary of State only section 6(f)(2)(A) and
(g)(1)(B), with the remaining functions and authorities under section
6(f) and (g) delegated to the Administrator of the National Aeronautics
and Space Administration, and provided that authorities and functions
delegated by the memorandum could be redelegated.]
Application of Authorities Under the International Emergency Economic
Powers Act to Communist Chinese Military Companies
Pub. L. 105-261, div. A, title XII, Sec. 1237, Oct. 17, 1998, 112
Stat. 2160, as amended by Pub. L. 106-398, Sec. 1 [[div. A], title XII,
Sec. 1233], Oct. 30, 2000, 114 Stat. 1654, 1654A-330; Pub. L. 108-375,
div. A, title XII, Sec. 1222, Oct. 28, 2004, 118 Stat. 2089, provided
that:
``(a) Presidential Authority.--
``(1) In general.--The President may exercise IEEPA authorities
(other than authorities relating to importation) without regard to
section 202 of the International Emergency Economic Powers Act (50
U.S.C. 1701) in the case of any commercial activity in the United
States by a person that is on the list published under subsection
(b).
``(2) Penalties.--The penalties set forth in section 206 of the
International Emergency Economic Powers Act (50 U.S.C. 1705) apply
to violations of any license, order, or regulation issued under
paragraph (1).
``(3) Ieepa authorities.--For purposes of paragraph (1), the
term `IEEPA authorities' means the authorities set forth in section
203(a) of the International Emergency Economic Powers Act (50 U.S.C.
1702(a)).
``(b) Determination and Reporting of Communist Chinese Military
Companies Operating in United States.--
``(1) Initial determination and reporting.--Not later than March
1, 2001, the Secretary of Defense shall make a determination of
those persons operating directly or indirectly in the United States
or any of its territories and possessions that are Communist Chinese
military companies and shall submit a list of those persons in
classified and unclassified form to the following:
``(A) The Committee on Armed Services of the House of
Representatives.
``(B) The Committee on Armed Services of the Senate.
``(C) The Secretary of State.
``(D) The Secretary of the Treasury.
``(E) The Attorney General.
``(F) The Secretary of Commerce.
``(G) The Secretary of Energy.
``(H) The Director of Central Intelligence.
``(2) Annual revisions to the list.--The Secretary of Defense
shall make additions or deletions to the list submitted under
paragraph (1) on an annual basis based on the latest information
available and shall submit the updated list not later than February
1, each year to the committees and officers specified in paragraph
(1).
``(3) Consultation.--The Secretary of Defense shall consult with
the following officers in carrying out paragraphs (1) and (2):
``(A) The Attorney General.
``(B) The Director of Central Intelligence.
``(C) The Director of the Federal Bureau of Investigation.
``(4) Communist chinese military company.--For purposes of
making the determination required by paragraph (1) and of carrying
out paragraph (2), the term `Communist Chinese military company'
means--
``(A) any person identified in the Defense Intelligence
Agency publication numbered VP-1920-271-90, dated September
1990, or PC-1921-57-95, dated October 1995, and any update of
those publications for the purposes of this section; and
``(B) any other person that--
``(i) is owned or controlled by, or affiliated with, the
People's Liberation Army or a ministry of the government of
the People's Republic of China or that is owned or
controlled by an entity affiliated with the defense
industrial base of the People's Republic of China; and
``(ii) is engaged in providing commercial services,
manufacturing, producing, or exporting.
``(c) People's Liberation Army.--For purposes of this section, the
term `People's Liberation Army' means the land, naval, and air military
services, the police, and the intelligence services of the Communist
Government of the People's Republic of China, and any member of any such
service or of such police.''
[Reference to the Director of Central Intelligence or the Director
of the Central Intelligence Agency in the Director's capacity as the
head of the intelligence community deemed to be a reference to the
Director of National Intelligence. Reference to the Director of Central
Intelligence or the Director of the Central Intelligence Agency in the
Director's capacity as the head of the Central Intelligence Agency
deemed to be a reference to the Director of the Central Intelligence
Agency. See section 1081(a), (b) of Pub. L. 108-458, set out as a note
under section 401 of this title.]
Iran Sanctions
Pub. L. 104-172, Aug. 5, 1996, 110 Stat. 1541, as amended by Pub. L.
107-24, Secs. 2(a), 3-5, Aug. 3, 2001, 115 Stat. 199, 200; Pub. L.
109-267, Sec. 1, Aug. 4, 2006, 120 Stat. 680; Pub. L. 109-293, title II,
Secs. 201-202(b), 203-205(g)(1), Sept. 30, 2006, 120 Stat. 1345-
1347, provided that:
``SECTION 1. SHORT TITLE.
``This Act may be cited as the `Iran Sanctions Act of 1996'.
``SEC. 2. FINDINGS.
``The Congress makes the following findings:
``(1) The efforts of the Government of Iran to acquire weapons
of mass destruction and the means to deliver them and its support of
acts of international terrorism endanger the national security and
foreign policy interests of the United States and those countries
with which the United States shares common strategic and foreign
policy objectives.
``(2) The objective of preventing the proliferation of weapons
of mass destruction and acts of international terrorism through
existing multilateral and bilateral initiatives requires additional
efforts to deny Iran the financial means to sustain its nuclear,
chemical, biological, and missile weapons programs.
``(3) The Government of Iran uses its diplomatic facilities and
quasi-governmental institutions outside of Iran to promote acts of
international terrorism and assist its nuclear, chemical,
biological, and missile weapons programs.
``SEC. 3. DECLARATION OF POLICY.
``The Congress declares that it is the policy of the United States
to deny Iran the ability to support acts of international terrorism and
to fund the development and acquisition of weapons of mass destruction
and the means to deliver them by limiting the development of Iran's
ability to explore for, extract, refine, or transport by pipeline
petroleum resources of Iran.
``SEC. 4. MULTILATERAL REGIME.
``(a) Multilateral Negotiations.--In order to further the objectives
of section 3, the Congress urges the President to commence immediately
diplomatic efforts, both in appropriate international fora such as the
United Nations, and bilaterally with allies of the United States, to
establish a multilateral sanctions regime against Iran, including
provisions limiting the development of petroleum resources, that will
inhibit Iran's efforts to carry out activities described in section 2.
``(b) Reports to Congress.--The President shall report to the
appropriate congressional committees, not later than 1 year after the
date of the enactment of this Act [Aug. 5, 1996], and periodically
thereafter, on the extent that diplomatic efforts described in
subsection (a) have been successful. Each report shall include--
``(1) the countries that have agreed to undertake measures to
further the objectives of section 3 with respect to Iran, and a
description of those measures; and
``(2) the countries that have not agreed to measures described
in paragraph (1), and, with respect to those countries, other
measures (in addition to that provided in subsection (d)) the
President recommends that the United States take to further the
objectives of section 3 with respect to Iran.
``(c) Waiver.--
``(1) In general.--The President may, on a case by case basis,
waive for a period of not more than six months the application of
section 5(a) with respect to a national of a country, if the
President certifies to the appropriate congressional committees at
least 30 days before such waiver is to take effect that such waiver
is vital to the national security interests of the United States.
``(2) Subsequent renewal of waiver.--If the President determines
that, in accordance with paragraph (1), such a waiver is
appropriate, the President may, at the conclusion of the period of a
waiver under paragraph (1), renew such waiver for subsequent periods
of not more than six months each.
``(d) Enhanced Sanction.--
``(1) Sanction.--With respect to nationals of countries except
those with respect to which the President has exercised the waiver
authority of subsection (c), at any time after the first report is
required to be submitted under subsection (b), section 5(a) shall be
applied by substituting `$20,000,000' for `$40,000,000' each place
it appears, and by substituting `$5,000,000' for `$10,000,000'.
``(2) Report to congress.--The President shall report to the
appropriate congressional committees any country with respect to
which paragraph (1) applies.
``(e) Interim Report on Multilateral Sanctions; Monitoring.--The
President, not later than 90 days after the date of the enactment of
this Act, shall report to the appropriate congressional committees on--
``(1) whether the member states of the European Union, the
Republic of Korea, Australia, Israel, or Japan have legislative or
administrative standards providing for the imposition of trade
sanctions on persons or their affiliates doing business or having
investments in Iran or Libya;
``(2) the extent and duration of each instance of the
application of such sanctions; and
``(3) the disposition of any decision with respect to such
sanctions by the World Trade Organization or its predecessor
organization.
``(f) Investigations.--
``(1) In general.--The President should initiate an
investigation into the possible imposition of sanctions under
section 5(a) against a person upon receipt by the United States of
credible information indicating that such person is engaged in
investment activity in Iran as described in such section.
``(2) Determination and notification.--Not later than 180 days
after an investigation is initiated in accordance with paragraph
(1), the President should determine, pursuant to section 5(a), if a
person has engaged in investment activity in Iran as described in
such section and shall notify the appropriate congressional
committees of the basis for any such determination.
``SEC. 5. IMPOSITION OF SANCTIONS.
``(a) Sanctions With Respect to the Development of Petroleum
Resources of Iran.--Except as provided in subsection (f), the President
shall impose 2 or more of the sanctions described in paragraphs (1)
through (6) of section 6 if the President determines that a person has,
with actual knowledge, on or after the date of the enactment of this Act
[Aug. 5, 1996], made an investment of $40,000,000 or more (or any
combination of investments of at least $10,000,000 each, which in the
aggregate equals or exceeds $40,000,000 in any 12-month period), that
directly and significantly contributed to the enhancement of Iran's
ability to develop petroleum resources of Iran.
``(b) Mandatory Sanctions With Respect to Development of Weapons of
Mass Destruction or Other Military Capabilities.--The President shall
impose two or more of the sanctions described in paragraphs (1) through
(6) of section 6 if the President determines that a person has, on or
after the date of the enactment of this Act [Aug. 5, 1996], exported,
transferred, or otherwise provided to Iran any goods, services,
technology, or other items knowing that the provision of such goods,
services, technology, or other items would contribute materially to the
ability of Iran to--
``(1) acquire or develop chemical, biological, or nuclear
weapons or related technologies; or
``(2) acquire or develop destabilizing numbers and types of
advanced conventional weapons.
``(c) Persons Against Which the Sanctions Are To Be Imposed.--The
sanctions described in subsections (a) and (b) shall be imposed on--
``(1) any person the President determines has carried out the
activities described in subsection (a) or (b); and
``(2) any person the President determines--
``(A) is a successor entity to the person referred to in
paragraph (1);
``(B) is a parent or subsidiary of the person referred to in
paragraph (1) if that parent or subsidiary, with actual
knowledge, engaged in the activities referred to in paragraph
(1); or
``(C) is an affiliate of the person referred to in paragraph
(1) if that affiliate, with actual knowledge, engaged in the
activities referred to in paragraph (1) and if that affiliate is
controlled in fact by the person referred to in paragraph (1).
For purposes of this Act, any person or entity described in this
subsection shall be referred to as a `sanctioned person'.
``(d) Publication in Federal Register.--The President shall cause to
be published in the Federal Register a current list of persons and
entities on whom sanctions have been imposed under this Act. The removal
of persons or entities from, and the addition of persons and entities
to, the list, shall also be so published.
``(e) Publication of Projects.--The President shall cause to be
published in the Federal Register a list of all significant projects
which have been publicly tendered in the oil and gas sector in Iran.
``(f) Exceptions.--The President shall not be required to apply or
maintain the sanctions under subsection (a) or (b)--
``(1) in the case of procurement of defense articles or defense
services--
``(A) under existing contracts or subcontracts, including
the exercise of options for production quantities to satisfy
requirements essential to the national security of the United
States;
``(B) if the President determines in writing that the person
to which the sanctions would otherwise be applied is a sole
source supplier of the defense articles or services, that the
defense articles or services are essential, and that alternative
sources are not readily or reasonably available; or
``(C) if the President determines in writing that such
articles or services are essential to the national security
under defense coproduction agreements;
``(2) in the case of procurement, to eligible products, as
defined in section 308(4) of the Trade Agreements Act of 1979 (19
U.S.C. 2518(4)), of any foreign country or instrumentality
designated under section 301(b)(1) of that Act (19 U.S.C.
2511(b)(1));
``(3) to products, technology, or services provided under
contracts entered into before the date on which the President
publishes in the Federal Register the name of the person on whom the
sanctions are to be imposed;
``(4) to--
``(A) spare parts which are essential to United States
products or production;
``(B) component parts, but not finished products, essential
to United States products or production; or
``(C) routine servicing and maintenance of products, to the
extent that alternative sources are not readily or reasonably
available;
``(6) to information and technology essential to United States
products or production; or
``(7) to medicines, medical supplies, or other humanitarian
items.
``SEC. 6. DESCRIPTION OF SANCTIONS.
``The sanctions to be imposed on a sanctioned person under section 5
are as follows:
``(1) Export-import bank assistance for exports to sanctioned
persons.--The President may direct the Export-Import Bank of the
United States not to give approval to the issuance of any guarantee,
insurance, extension of credit, or participation in the extension of
credit in connection with the export of any goods or services to any
sanctioned person.
``(2) Export sanction.--The President may order the United
States Government not to issue any specific license and not to grant
any other specific permission or authority to export any goods or
technology to a sanctioned person under--
``(i) the Export Administration Act of 1979 [50 U.S.C. App.
2401 et seq.];
``(ii) the Arms Export Control Act [22 U.S.C. 2751 et seq.];
``(iii) the Atomic Energy Act of 1954 [42 U.S.C. 2011 et
seq.]; or
``(iv) any other statute that requires the prior review and
approval of the United States Government as a condition for the
export or reexport of goods or services.
``(3) Loans from united states financial institutions.--The
United States Government may prohibit any United States financial
institution from making loans or providing credits to any sanctioned
person totaling more than $10,000,000 in any 12-month period unless
such person is engaged in activities to relieve human suffering and
the loans or credits are provided for such activities.
``(4) Prohibitions on financial institutions.--The following
prohibitions may be imposed against a sanctioned person that is a
financial institution:
``(A) Prohibition on designation as primary dealer.--Neither
the Board of Governors of the
Federal Reserve System nor the Federal Reserve Bank of New York
may designate, or permit the continuation of any prior
designation of, such financial institution as a primary dealer
in United States Government debt instruments.
``(B) Prohibition on service as a repository of government
funds.--Such financial institution may not serve as agent of the
United States Government or serve as repository for United
States Government funds.
The imposition of either sanction under subparagraph (A) or (B)
shall be treated as 1 sanction for purposes of section 5, and the
imposition of both such sanctions shall be treated as 2 sanctions
for purposes of section 5.
``(5) Procurement sanction.--The United States Government may
not procure, or enter into any contract for the procurement of, any
goods or services from a sanctioned person.
``(6) Additional sanctions.--The President may impose sanctions,
as appropriate, to restrict imports with respect to a sanctioned
person, in accordance with the International Emergency Economic
Powers Act (50 U.S.C. 1701 and following).
``SEC. 7. ADVISORY OPINIONS.
``The Secretary of State may, upon the request of any person, issue
an advisory opinion to that person as to whether a proposed activity by
that person would subject that person to sanctions under this Act. Any
person who relies in good faith on such an advisory opinion which states
that the proposed activity would not subject a person to such sanctions,
and any person who thereafter engages in such activity, will not be made
subject to such sanctions on account of such activity.
``SEC. 8. TERMINATION OF SANCTIONS.
``The requirement under section 5(a) to impose sanctions shall no
longer have force or effect with respect to Iran if the President
determines and certifies to the appropriate congressional committees
that Iran--
``(1) has ceased its efforts to design, develop, manufacture, or
acquire--
``(A) a nuclear explosive device or related materials and
technology;
``(B) chemical and biological weapons; and
``(C) ballistic missiles and ballistic missile launch
technology;
``(2) has been removed from the list of countries the
governments of which have been determined, for purposes of section
6(j) of the Export Administration Act of 1979 [50 U.S.C. App.
2405(j)], to have repeatedly provided support for acts of
international terrorism; and
``(3) poses no significant threat to United States national
security, interests, or allies.
``SEC. 9. DURATION OF SANCTIONS; PRESIDENTIAL WAIVER.
``(a) Delay of Sanctions.--
``(1) Consultations.--If the President makes a determination
described in section 5(a) or 5(b) with respect to a foreign person,
the Congress urges the President to initiate consultations
immediately with the government with primary jurisdiction over that
foreign person with respect to the imposition of sanctions under
this Act.
``(2) Actions by government of jurisdiction.--In order to pursue
consultations under paragraph (1) with the government concerned, the
President may delay imposition of sanctions under this Act for up to
90 days. Following such consultations, the President shall
immediately impose sanctions unless the President determines and
certifies to the Congress that the government has taken specific and
effective actions, including, as appropriate, the imposition of
appropriate penalties, to terminate the involvement of the foreign
person in the activities that resulted in the determination by the
President under section 5(a) or 5(b) concerning such person.
``(3) Additional delay in imposition of sanctions.--The
President may delay the imposition of sanctions for up to an
additional 90 days if the President determines and certifies to the
Congress that the government with primary jurisdiction over the
person concerned is in the process of taking the actions described
in paragraph (2).
``(4) Report to congress.--Not later than 90 days after making a
determination under section 5(a) or 5(b), the President shall submit
to the appropriate congressional committees a report on the status
of consultations with the appropriate foreign government under this
subsection, and the basis for any determination under paragraph (3).
``(b) Duration of Sanctions.--A sanction imposed under section 5
shall remain in effect--
``(1) for a period of not less than 2 years from the date on
which it is imposed; or
``(2) until such time as the President determines and certifies
to the Congress that the person whose activities were the basis for
imposing the sanction is no longer engaging in such activities and
that the President has received reliable assurances that such person
will not knowingly engage in such activities in the future, except
that such sanction shall remain in effect for a period of at least 1
year.
``(c) Presidential Waiver.--
``(1) Authority.--The President may waive the requirement in
section 5 to impose a sanction or sanctions on a person described in
section 5(c), and may waive the continued imposition of a sanction
or sanctions under subsection (b) of this section, 30 days or more
after the President determines and so reports to the appropriate
congressional committees that it is important to the national
interest of the United States to exercise such waiver authority.
``(2) Contents of report.--Any report under paragraph (1) shall
provide a specific and detailed rationale for the determination
under paragraph (1), including--
``(A) a description of the conduct that resulted in the
determination under section 5(a) or (b), as the case may be;
``(B) in the case of a foreign person, an explanation of the
efforts to secure the cooperation of the government with primary
jurisdiction over the sanctioned person to terminate or, as
appropriate, penalize the activities that resulted in the
determination under section 5(a) or (b), as the case may be;
``(C) an estimate of the significance of the provision of
the items described in section 5(a) or section 5(b) to Iran's
ability to, respectively, develop its petroleum resources or its
weapons of mass destruction or other military capabilities; and
``(D) a statement as to the response of the United States in
the event that the person concerned engages in other activities
that would be subject to section 5(a) or (b).
``(3) Effect of report on waiver.--If the President makes a
report under paragraph (1) with respect to a waiver of sanctions on
a person described in section 5(c), sanctions need not be imposed
under section 5(a) or (b) on that person during the 30-day period
referred to in paragraph (1).
``SEC. 10. REPORTS REQUIRED.
``(a) Report on Certain International Initiatives.--Not later than 6
months after the date of the enactment of this Act [Aug. 5, 1996], and
every 6 months thereafter, the President shall transmit a report to the
appropriate congressional committees describing--
``(1) the efforts of the President to mount a multilateral
campaign to persuade all countries to pressure Iran to cease its
nuclear, chemical, biological, and missile weapons programs and its
support of acts of international terrorism;
``(2) the efforts of the President to persuade other governments
to ask Iran to reduce the presence of Iranian diplomats and
representatives of other government and military or quasi-
governmental institutions of Iran and to withdraw any such diplomats
or
representatives who participated in the takeover of the United
States embassy in Tehran on November 4, 1979, or the subsequent
holding of United States hostages for 444 days;
``(3) the extent to which the International Atomic Energy Agency
has established regular inspections of all nuclear facilities in
Iran, including those presently under construction; and
``(4) Iran's use of Iranian diplomats and representatives of
other government and military or quasi-governmental institutions of
Iran to promote acts of international terrorism or to develop or
sustain Iran's nuclear, chemical, biological, and missile weapons
programs.
``(b) Report on Effectiveness of Actions Under This Act.--Not
earlier than 24 months, and not later than 30 months, after the date of
the enactment of the ILSA Extension Act of 2001 [Aug. 3, 2001], the
President shall transmit to Congress a report that describes--
``(1) the extent to which actions relating to trade taken
pursuant to this Act--
``(A) have been effective in achieving the objectives of
section 3 and any other foreign policy or national security
objectives of the United States with respect to Iran; and
``(B) have affected humanitarian interests in Iran, the
country in which the sanctioned person is located, or in other
countries; and
``(2) the impact of actions relating to trade taken pursuant to
this Act on other national security, economic, and foreign policy
interests of the United States, including relations with countries
friendly to the United States, and on the United States economy.
The President may include in the report the President's recommendation
on whether or not this Act should be terminated or modified.
``(c) Other Reports.--The President shall ensure the continued
transmittal to the Congress of reports describing--
``(1) the nuclear and other military capabilities of Iran, as
required by section 601(a) of the Nuclear Non-Proliferation Act of
1978 [22 U.S.C. 3281(a)] and section 1607 of the National Defense
Authorization Act for Fiscal Year 1993 [Pub. L. 102-484 set out
below]; and
``(2) the support provided by Iran for acts of international
terrorism, as part of the Department of State's annual report on
international terrorism.
``SEC. 11. DETERMINATIONS NOT REVIEWABLE.
``A determination to impose sanctions under this Act shall not be
reviewable in any court.
``SEC. 12. EXCLUSION OF CERTAIN ACTIVITIES.
``Nothing in this Act shall apply to any activities subject to the
reporting requirements of title V of the National Security Act of 1947
[50 U.S.C. 413 et seq.].
``SEC. 13. EFFECTIVE DATE; SUNSET.
``(a) Effective Date.--This Act shall take effect on the date of the
enactment of this Act [Aug. 5, 1996].
``(b) Sunset.--This Act shall cease to be effective on December 31,
2011.
``SEC. 14. DEFINITIONS.
``As used in this Act:
``(1) Act of international terrorism.--The term `act of
international terrorism' means an act--
``(A) which is violent or dangerous to human life and that
is a violation of the criminal laws of the United States or of
any State or that would be a criminal violation if committed
within the jurisdiction of the United States or any State; and
``(B) which appears to be intended--
``(i) to intimidate or coerce a civilian population;
``(ii) to influence the policy of a government by
intimidation or coercion; or
``(iii) to affect the conduct of a government by
assassination or kidnapping.
``(2) Appropriate congressional committees.--The term
`appropriate congressional committees' means the Committee on
Finance, the Committee on Banking, Housing, and Urban Affairs, and
the Committee on Foreign Relations of the Senate and the Committee
on Ways and Means, the Committee on Banking and Financial Services
[now Committee on Financial Services], and the Committee on
International Relations of the House of Representatives.
``(3) Component part.--The term `component part' has the meaning
given that term in section 11A(e)(1) of the Export Administration
Act of 1979 (50 U.S.C. App. 2410a(e)(1)).
``(4) Develop and development.--To `develop', or the
`development' of, petroleum resources means the exploration for, or
the extraction, refining, or transportation by pipeline of,
petroleum resources.
``(5) Financial institution.--The term `financial institution'
includes--
``(A) a depository institution (as defined in section
3(c)(1) of the Federal Deposit Insurance Act [12 U.S.C.
1813(c)(1)]), including a branch or agency of a foreign bank (as
defined in section 1(b)(7) of the International Banking Act of
1978 [12 U.S.C. 3101(b)(7)]);
``(B) a credit union;
``(C) a securities firm, including a broker or dealer;
``(D) an insurance company, including an agency or
underwriter; and
``(E) any other company that provides financial services.
``(6) Finished product.--The term `finished product' has the
meaning given that term in section 11A(e)(2) of the Export
Administration Act of 1979 (50 U.S.C. App. 2410a(e)(2)).
``(7) Foreign person.--The term `foreign person' means--
``(A) an individual who is not a United States person or an
alien lawfully admitted for permanent residence into the United
States; or
``(B) a corporation, partnership, or other nongovernmental
entity which is not a United States person.
``(8) Goods and technology.--The terms `goods' and `technology'
have the meanings given those terms in section 16 of the Export
Administration Act of 1979 (50 U.S.C. App. 2415).
``(9) Investment.--The term `investment' means any of the
following activities if such activity is undertaken pursuant to an
agreement, or pursuant to the exercise of rights under such an
agreement, that is entered into with the Government of Iran or a
nongovernmental entity in Iran on or after the date of the enactment
of this Act [Aug. 5, 1996]:
``(A) The entry into a contract that includes responsibility
for the development of petroleum resources located in Iran, or
the entry into a contract providing for the general supervision
and guarantee of another person's performance of such a
contract.
``(B) The purchase of a share of ownership, including an
equity interest, in that development.
``(C) The entry into a contract providing for the
participation in royalties, earnings, or profits in that
development, without regard to the form of the participation.
The term `investment' does not include the entry into, performance,
or financing of a contract to sell or purchase goods, services, or
technology. For purposes of this paragraph, an amendment or other
modification that is made, on or after June 13, 2001, to an
agreement or contract shall be treated as the entry of an agreement
or contract.
``(10) Iran.--The term `Iran' includes any agency or
instrumentality of Iran.
``(11) Iranian diplomats and representatives of other government
and military or quasi-governmental institutions of iran.--The term
`Iranian diplomats and representatives of other government and
military or quasi-governmental institutions of Iran'
includes employees, representatives, or affiliates of Iran's--
``(A) Foreign Ministry;
``(B) Ministry of Intelligence and Security;
``(C) Revolutionary Guard Corps;
``(D) Crusade for Reconstruction;
``(E) Qods (Jerusalem) Forces;
``(F) Interior Ministry;
``(G) Foundation for the Oppressed and Disabled;
``(H) Prophet's Foundation;
``(I) June 5th Foundation;
``(J) Martyr's Foundation;
``(K) Islamic Propagation Organization; and
``(L) Ministry of Islamic Guidance.
``(12) Nuclear explosive device.--The term `nuclear explosive
device' means any device, whether assembled or disassembled, that is
designed to produce an instantaneous release of an amount of nuclear
energy from special nuclear material (as defined in section 11(aa)
of the Atomic Energy Act of 1954 [42 U.S.C. 2014(aa)]) that is
greater than the amount of energy that would be released from the
detonation of one pound of trinitrotoluene (TNT).
``(13) Person.--The term `person' means--
``(A) a natural person;
``(B) a corporation, business association, partnership,
society, trust, any other nongovernmental entity, organization,
or group, and any governmental entity operating as a business
enterprise; and
``(C) any successor to any entity described in subparagraph
(B).
``(14) Petroleum resources.--The term `petroleum resources'
includes petroleum and natural gas resources.
``(15) United states or state.--The term `United States' or
`State' means the several States, the District of Columbia, the
Commonwealth of Puerto Rico, the Commonwealth of the Northern
Mariana Islands, American Samoa, Guam, the United States Virgin
Islands, and any other territory or possession of the United States.
``(16) United states person.--The term `United States person'
means--
``(A) a natural person who is a citizen of the United States
or who owes permanent allegiance to the United States; and
``(B) a corporation or other legal entity which is organized
under the laws of the United States, any State or territory
thereof, or the District of Columbia, if natural persons
described in subparagraph (A) own, directly or indirectly, more
than 50 percent of the outstanding capital stock or other
beneficial interest in such legal entity.''
[Pub. L. 109-293, title II, Sec. 202(c), Sept. 30, 2006, 120 Stat.
1346, provided that: ``The amendments made by this section [amending
section 5 of Pub. L. 104-172, set out above] shall apply with respect to
actions taken on or after June 6, 2006.'']
[Pub. L. 109-293, title II, Sec. 205(g)(2), Sept. 30, 2006, 120
Stat. 1347, provided that: ``Any reference in any other provision of
law, regulation, document, or other record of the United States to the
`Iran and Libya Sanctions Act of 1996' shall be deemed to be a reference
to the `Iran Sanctions Act of 1996' [Pub. L. 104-172, set out above].'']
[Pub. L. 107-24, Sec. 2(b), Aug. 3, 2001, 115 Stat. 199, provided
that: ``The amendments made by subsection (a) [amending section 5 of
Pub. L. 104-172, set out above] shall apply to investments made on or
after June 13, 2001.'']
[Memorandum of President of the United States, Nov. 21, 1996, 61
F.R. 64249, delegated to the Secretary of State, in consultation with
the Departments of the Treasury and Commerce and the United States Trade
Representative, and with the Export-Import Bank and Federal Reserve
Board and other interested agencies as appropriate functions vested in
the President by sections 4(c), 5(a), (b), (c), (f), 6(1), (2), and 9(c)
of Pub. L. 104-172, set out above, delegated to the Secretary of State
functions vested in the President by sections 4(a), (b), (d), (e), 5(d),
(e), 9(a), (b), and 10 of Pub. L. 104-172, provided that any reference
to provisions of any Act related to the subject of the memorandum be
deemed to include references to any subsequent provision of law that is
the same or substantially the same as such provisions, and provided that
only the functions vested in the President by sections 4(a), (b), (d),
(e), 5(d), (e), and 10 of Pub. L. 104-172 and delegated by the
memorandum could be redelegated.]
Determination and Certification under Section 8(b) of the Iran and Libya
Sanctions Act
Determination of President of the United States, No. 2004-30, Apr.
23, 2004, 69 F.R. 24907, provided:
Memorandum for the Secretary of State
Pursuant to section 8(b) of the Iran and Libya Sanctions Act of 1996
[now Iran Sanctions Act of 1996] (Public Law 104-172; 50 U.S.C. 1701
note), as amended (Public Law 107-24), I hereby determine and certify
that Libya has fulfilled the requirements of United Nations Security
Council Resolution 731, adopted January 21, 1992, United Nations
Security Council Resolution 748, adopted March 31, 1992, and United
Nations Security Council Resolution 883, adopted November 11, 1993.
You are authorized and directed to transmit this determination and
certification to the appropriate congressional committees and to arrange
for its publication in the Federal Register.
George W. Bush.
Sanctions Against Serbia and Montenegro
Pub. L. 106-113, div. B, Sec. 1000(a)(2) [title V, Sec. 599], Nov.
29, 1999, 113 Stat. 1535, 1501A-127, provided that:
``(a) Continuation of Executive Branch Sanctions.--The sanctions
listed in subsection (b) shall remain in effect for fiscal year 2000,
unless the President submits to the Committees on Appropriations and
Foreign Relations in the Senate and the Committees on Appropriations and
International Relations of the House of Representatives a certification
described in subsection (c).
``(b) Applicable Sanctions.--
``(1) The Secretary of the Treasury shall instruct the United
States executive directors of the international financial
institutions to work in opposition to, and vote against, any
extension by such institutions of any financial or technical
assistance or grants of any kind to the government of Serbia.
``(2) The Secretary of State should instruct the United States
Ambassador to the Organization for Security and Cooperation in
Europe (OSCE) to block any consensus to allow the participation of
Serbia in the OSCE or any organization affiliated with the OSCE.
``(3) The Secretary of State should instruct the United States
Representative to the United Nations to vote against any resolution
in the United Nations Security Council to admit Serbia to the United
Nations or any organization affiliated with the United Nations, to
veto any resolution to allow Serbia to assume the United Nations'
membership of the former Socialist Federal Republic of Yugoslavia,
and to take action to prevent Serbia from assuming the seat formerly
occupied by the Socialist Federal Republic of Yugoslavia.
``(4) The Secretary of State should instruct the United States
Permanent Representative on the Council of the North Atlantic Treaty
Organization to oppose the extension of the Partnership for Peace
program or any other organization affiliated with NATO to Serbia.
``(5) The Secretary of State should instruct the United States
Representatives to the Southeast European Cooperative Initiative
(SECI) to oppose and to work to prevent the extension of SECI
membership to Serbia.
``(c) Certification.--A certification described in this subsection
is a certification that--
``(1) the representatives of the successor states to the
Socialist Federal Republic of Yugoslavia have
successfully negotiated the division of assets and liabilities and
all other succession issues following the dissolution of the
Socialist Federal Republic of Yugoslavia;
``(2) the Government of Serbia is fully complying with its
obligations as a signatory to the General Framework Agreement for
Peace in Bosnia and Herzegovina;
``(3) the Government of Serbia is fully cooperating with and
providing unrestricted access to the International Criminal Tribunal
for the former Yugoslavia, including surrendering persons indicted
for war crimes who are within the jurisdiction of the territory of
Serbia, and with the investigations concerning the commission of war
crimes and crimes against humanity in Kosova;
``(4) the Government of Serbia is implementing internal
democratic reforms; and
``(5) Serbian federal governmental officials, and
representatives of the ethnic Albanian community in Kosova have
agreed on, signed, and begun implementation of a negotiated
settlement on the future status of Kosova.
``(d) Statement of Policy.--It is the sense of the Congress that the
United States should not restore full diplomatic relations with Serbia
until the President submits to the Committees on Appropriations and
Foreign Relations in the Senate and the Committees on Appropriations and
International Relations in the House of Representatives the
certification described in subsection (c).
``(e) Exemption of Montenegro and Kosova.--The sanctions described
in subsection (b) shall not apply to Montenegro or Kosova.
``(f) Definition.--The term `international financial institution'
includes the International Monetary Fund, the International Bank for
Reconstruction and Development, the International Development
Association, the International Finance Corporation, the Multilateral
Investment Guaranty Agency, and the European Bank for Reconstruction and
Development.
``(g) Waiver Authority.--The President may waive the application in
whole or in part, of any sanction described in subsection (b) if the
President certifies to the Congress that the President has determined
that the waiver is necessary to meet emergency humanitarian needs.''
Pub. L. 105-277, div. A, Sec. 101(d) [title V, Sec. 539], Oct. 21,
1998, 112 Stat. 2681-150, 2681-182, provided that:
``(a) Restrictions.--None of the funds in this or any other Act may
be made available to modify or remove any sanction, prohibition or
requirement with respect to Serbia-Montenegro unless the President first
submits to the Congress a certification described in subsection (c).
``(b) International Financial Institutions.--The Secretary of the
Treasury shall instruct the United States executive directors of the
international financial institutions to work in opposition to, and vote
against, any extension by such institutions of any financial or
technical assistance or grants of any kind to the government of Serbia-
Montenegro, unless the President first submits to the Congress a
certification described in subsection (c).
``(c) Certification.--A certification described in this subsection
is a certification that--
``(1) there is substantial improvement in the human rights
situation in Kosova;
``(2) international human rights observers are allowed to return
to Kosova;
``(3) Serbian, Serbian-Montenegrin federal government officials,
and representatives of the ethnic Albanian community in Kosova have
agreed on and begun implementation of a negotiated settlement on the
future status of Kosova; and
``(4) the government of Serbia-Montenegro is fully complying
with its obligations as a signatory to the General Framework
Agreement for Peace in Bosnia-Herzegovina including fully
cooperating with the International Criminal Tribunal for the Former
Yugoslavia.
``(d) Waiver Authority.--The President may waive the application, in
whole or in part, of subsections (a) and (b) if he certifies in writing
to the Congress that the waiver is necessary to meet emergency
humanitarian needs or to advance negotiations toward a peaceful
settlement of the conflict in Kosova that is acceptable to the parties.
``(e) Exemption for Montenegro.--This section shall not apply to
Montenegro.''
[For delegation of functions of President under section 101(d)
[title V, Sec. 539] of div. A of Pub. L. 105-277, set out above, see Ex.
Ord. No. 12163, Sept. 29, 1979, 44 F.R. 56673, as amended, set out as a
note under section 2381 of Title 22, Foreign Relations and Intercourse.]
Similar provisions were contained in the following prior
appropriation acts:
Pub. L. 104-208, div. A, title I, Sec. 101(c) [title V, Sec. 540],
Sept. 30, 1996, 110 Stat. 3009-121, 3009-155.
Pub. L. 104-107, title V, Sec. 540A(a)-(c), Feb. 12, 1996, 110 Stat.
737.
Pub. L. 103-160, div. A, title XV, Sec. 1511, Nov. 30, 1993, 107
Stat. 1839, provided that:
``(a) Codification of Executive Branch Sanctions.--The sanctions
imposed on Serbia and Montenegro, as in effect on the date of the
enactment of this Act [Nov. 30, 1993], that were imposed by or pursuant
to the following directives of the executive branch shall (except as
provided under subsections (d) and (e)) remain in effect until changed
by law:
``(1) Executive Order 12808 of May 30, 1992 [listed in a table
below], as continued in effect on May 25, 1993.
``(2) Executive Order 12810 of June 5, 1992 [listed in a table
below].
``(3) Executive Order 12831 of January 15, 1993 [listed in a
table below].
``(4) Executive Order 12846 of April 25, 1993 [listed in a table
below].
``(5) Department of State Public Notice 1427, effective July 11,
1991.
``(6) Proclamation 6389 of December 5, 1991 (56 Fed. Register
64467).
``(7) Department of Transportation Order 92-5-38 of May 20,
1992.
``(8) Federal Aviation Administration action of June 19, 1992
(14 C.F.R. Part 91).
``(b) Prohibition on Assistance.--No funds appropriated or otherwise
made available by law may be obligated or expended on behalf of the
government of Serbia or the government of Montenegro.
``(c) International Financial Institutions.--The Secretary of the
Treasury shall instruct the United States executive director of each
international financial institution to use the voice and vote of the
United States to oppose any assistance from that institution to the
government of Serbia or the government of Montenegro, except for basic
human needs.
``(d) Exception.--Notwithstanding any other provision of law, the
President is authorized and encouraged to exempt from sanctions imposed
against Serbia and Montenegro that are described in subsection (a) those
United States-supported programs, projects, or activities that involve
reform of the electoral process, the development of democratic
institutions or democratic political parties, or humanitarian assistance
(including refugee care and human rights observation).
``(e) Waiver Authority.--(1) The President may waive or modify the
application, in whole or in part, of any sanction described in
subsection (a), the prohibition in subsection (b), or the requirement in
subsection (c).
``(2) Such a waiver or modification may only be effective upon
certification by the President to Congress that the President has
determined that the waiver or modification is necessary (A) to meet
emergency humanitarian needs, or (B) to achieve a negotiated settlement
of the conflict in Bosnia-Herzegovina that is acceptable to the
parties.''
Presidential Certifications To Suspend Sanctions Imposed on the
Government of Serbia and the Government of Montenegro
Provisions suspending sanctions imposed on the governments of Serbia
and Montenegro pursuant to section 1511 of Pub. L. 103-160, set out
above, were contained in the following:
Determination of President of the United States, No. 01-7, Dec. 19,
2000, 66 F.R. 1013.
Determination of President of the United States, No. 99-14, Feb. 16,
1999, 64 F.R. 9263.
Determination of President of the United States, No. 97-26, May 30,
1997, 62 F.R. 32015.
Determination of the President of the United States, No. 96-7, Dec.
27, 1995, 61 F.R. 2887.
Iran-Iraq Arms Non-Proliferation
Pub. L. 102-484, div. A, title XVI, Oct. 23, 1992, 106 Stat. 2571,
as amended by Pub. L. 104-106, div. A, title XIV, Sec. 1408(a)-(c), Feb.
10, 1996, 110 Stat. 494; Pub. L. 107-228, div. B, title XIII,
Sec. 1308(g)(1)(C), Sept. 30, 2002, 116 Stat. 1441, provided that:
``SEC. 1601. SHORT TITLE.
``This title may be cited as the `Iran-Iraq Arms Non-Proliferation
Act of 1992'.
``SEC. 1602. UNITED STATES POLICY.
``(a) In General.--It shall be the policy of the United States to
oppose, and urgently to seek the agreement of other nations also to
oppose, any transfer to Iran or Iraq of any goods or technology,
including dual-use goods or technology, wherever that transfer could
materially contribute to either country's acquiring chemical,
biological, nuclear, or destabilizing numbers and types of advanced
conventional weapons.
``(b) Sanctions.--(1) In the furtherance of this policy, the
President shall apply sanctions and controls with respect to Iran, Iraq,
and those nations and persons who assist them in acquiring weapons of
mass destruction in accordance with the Foreign Assistance Act of 1961
[22 U.S.C. 2151 et seq.], the Nuclear Non-Proliferation Act of 1978 [22
U.S.C. 3201 et seq.], the Chemical and Biological Weapons Control and
Warfare Elimination Act of 1991 [22 U.S.C. 5601 et seq.], chapter 7 of
the Arms Export Control Act [22 U.S.C. 2797 et seq.], and other relevant
statutes, regarding the non-proliferation of weapons of mass destruction
and the means of their delivery.
``(2) The President should also urgently seek the agreement of other
nations to adopt and institute, at the earliest practicable date,
sanctions and controls comparable to those the United States is
obligated to apply under this subsection.
``(c) Public Identification.--The Congress calls on the President to
identify publicly (in the report required by section 1607) any country
or person that transfers goods or technology to Iran or Iraq contrary to
the policy set forth in subsection (a).
``SEC. 1603. APPLICATION TO IRAN OF CERTAIN IRAQ SANCTIONS.
``The sanctions against Iraq specified in paragraphs (1) through (4)
of section 586G(a) of the Iraq Sanctions Act of 1990 (as contained in
Public Law 101-513) [set out below], including denial of export licenses
for United States persons and prohibitions on United States Government
sales, shall be applied to the same extent and in the same manner with
respect to Iran.
``SEC. 1604. SANCTIONS AGAINST CERTAIN PERSONS.
``(a) Prohibition.--If any person transfers or retransfers goods or
technology so as to contribute knowingly and materially to the efforts
by Iran or Iraq (or any agency or instrumentality of either such
country) to acquire chemical, biological, or nuclear weapons or to
acquire destabilizing numbers and types of advanced conventional
weapons, then the sanctions described in subsection (b) shall be
imposed.
``(b) Mandatory Sanctions.--The sanctions to be imposed pursuant to
subsection (a) are as follows:
``(1) Procurement sanction.--For a period of two years, the
United States Government shall not procure, or enter into any
contract for the procurement of, any goods or services from the
sanctioned person.
``(2) Export sanction.--For a period of two years, the United
States Government shall not issue any license for any export by or
to the sanctioned person.
``SEC. 1605. SANCTIONS AGAINST CERTAIN FOREIGN COUNTRIES.
``(a) Prohibition.--If the President determines that the government
of any foreign country transfers or retransfers goods or technology so
as to contribute knowingly and materially to the efforts by Iran or Iraq
(or any agency or instrumentality of either such country) to acquire
chemical, biological, or nuclear weapons or to acquire destabilizing
numbers and types of advanced conventional weapons, then--
``(1) the sanctions described in subsection (b) shall be imposed
on such country; and
``(2) in addition, the President may apply, in the discretion of
the President, the sanction described in subsection (c).
``(b) Mandatory Sanctions.--Except as provided in paragraph (2), the
sanctions to be imposed pursuant to subsection (a)(1) are as follows:
``(1) Suspension of united states assistance.--The United States
Government shall suspend, for a period of one year, United States
assistance to the sanctioned country.
``(2) Multilateral development bank assistance.--The Secretary
of the Treasury shall instruct the United States Executive Director
to each appropriate international financial institution to oppose,
and vote against, for a period of one year, the extension by such
institution of any loan or financial or technical assistance to the
sanctioned country.
``(3) Suspension of codevelopment or coproduction agreements.--
The United States shall suspend, for a period of one year,
compliance with its obligations under any memorandum of
understanding with the sanctioned country for the codevelopment or
coproduction of any item on the United States Munitions List
(established under section 38 of the Arms Export Control Act [22
U.S.C. 2778]), including any obligation for implementation of the
memorandum of understanding through the sale to the sanctioned
country of technical data or assistance or the licensing for export
to the sanctioned country of any component part.
``(4) Suspension of military and dual-use technical exchange
agreements.--The United States shall suspend, for a period of one
year, compliance with its obligations under any technical exchange
agreement involving military and dual-use technology between the
United States and the sanctioned country that does not directly
contribute to the security of the United States, and no military or
dual-use technology may be exported from the United States to the
sanctioned country pursuant to that agreement during that period.
``(5) United states munitions list.--No item on the United
States Munitions List (established pursuant to section 38 of the
Arms Export Control Act) may be exported to the sanctioned country
for a period of one year.
``(c) Discretionary Sanction.--The sanction referred to in
subsection (a)(2) is as follows:
``(1) Use of authorities of international emergency economic
powers act.--Except as provided in paragraph (2), the President may
exercise, in accordance with the provisions of that Act [50 U.S.C.
1701 et seq.], the authorities of the International Emergency
Economic Powers Act with respect to the sanctioned country.
``(2) Exception.--Paragraph (1) does not apply with respect to
urgent humanitarian assistance.
``SEC. 1606. WAIVER.
``The President may waive the requirement to impose a sanction
described in section 1603, in the case of Iran,
or a sanction described in section 1604(b) or 1605(b), in the case of
Iraq and Iran, 15 days after the President determines and so reports to
the Committees on Armed Services and Foreign Relations of the Senate and
the Committees on Armed Services and Foreign Affairs [now Committee on
International Relations] of the House of Representatives that it is
essential to the national interest of the United States to exercise such
waiver authority. Any such report shall provide a specific and detailed
rationale for such determination.
``SEC. 1607. REPORTING REQUIREMENT.
``[(a) Repealed. Pub. L. 107-228, div. B, title XIII,
Sec. 1308(g)(1)(C), Sept. 30, 2002, 116 Stat. 1441.]
``(b) Report on Individual Transfers.--Whenever the President
determines that a person or foreign government has made a transfer which
is subject to any sanction under this title, the President shall, within
30 days after such transfer, submit to the Committees on Armed Services
and Foreign Relations of the Senate and the Committees on Armed Services
and Foreign Affairs [now Committee on International Relations] of the
House of Representatives a report--
``(1) identifying the person or government and providing the
details of the transfer; and
``(2) describing the actions the President intends to undertake
or has undertaken under the provisions of this title with respect to
each such transfer.
``(c) Form of Transmittal.--Reports required by this section may be
submitted in classified as well as in unclassified form.
``SEC. 1608. DEFINITIONS.
``For purposes of this title:
``(1) The term `advanced conventional weapons' includes--
``(A) such long-range precision-guided munitions, fuel air
explosives, cruise missiles, low observability aircraft, other
radar evading aircraft, advanced military aircraft, military
satellites, electromagnetic weapons, and laser weapons as the
President determines destabilize the military balance or enhance
offensive capabilities in destabilizing ways;
``(B) such advanced command, control, and communications
systems, electronic warfare systems, or intelligence collection
systems as the President determines destabilize the military
balance or enhance offensive capabilities in destabilizing ways;
and
``(C) such other items or systems as the President may, by
regulation, determine necessary for purposes of this title.
``(2) The term `cruise missile' means guided missiles that use
aerodynamic lift to offset gravity and propulsion to counteract
drag.
``(3) The term `goods or technology' means--
``(A) any article, natural or manmade substance, material,
supply, or manufactured product, including inspection and test
equipment; and
``(B) any information and know-how (whether in tangible
form, such as models, prototypes, drawings, sketches, diagrams,
blueprints, or manuals, or in intangible form, such as training
or technical services) that can be used to design, produce,
manufacture, utilize, or reconstruct goods, including computer
software and technical data.
``(4) The term `person' means any United States or foreign
individual, partnership, corporation, or other form of association,
or any of their successor entities, parents, or subsidiaries.
``(5) The term `sanctioned country' means a country against
which sanctions are required to be imposed pursuant to section 1605.
``(6) The term `sanctioned person' means a person that makes a
transfer described in section 1604(a).
``(7) The term `United States assistance' means--
``(A) any assistance under the Foreign Assistance Act of
1961 (22 U.S.C. 2151 et seq.), other than urgent humanitarian
assistance or medicine;
``(B) sales and assistance under the Arms Export Control Act
[22 U.S.C. 2751 et seq.];
``(C) financing by the Commodity Credit Corporation for
export sales of agricultural commodities; and
``(D) financing under the Export-Import Bank Act [of 1945]
[22 U.S.C. 635 et seq.].''
[Memorandum of President of the United States, Sept. 27, 1994, 59
F.R. 50685, delegated to Secretary of State, in consultation with heads
of other departments and agencies, all functions vested in President
under title XVI of Pub. L. 102-484, set out above, without limitation of
authority of other officials to exercise powers heretofore or hereafter
delegated to them to implement sanctions imposed or actions directed by
the Secretary pursuant to this delegation of authority.]
Payment of Claims by United States Nationals Against Iraq
Pub. L. 101-519, Sec. 131, Nov. 5, 1990, 104 Stat. 2249, which
authorized President to vest title in a portion of property in which
transactions were blocked pursuant to Executive Order 12722, listed in a
table below, in order to satisfy obligations owed to United States
Government and United States nationals for which Iraq had suspended
repayment, was repealed by Pub. L. 102-27, title IV, Sec. 402(a), Apr.
10, 1991, 105 Stat. 155, as amended by Pub. L. 102-136, Sec. 126, Oct.
25, 1991, 105 Stat. 643, effective Nov. 5, 1990.
Iraq Sanctions
Pub. L. 101-513, title V, Secs. 586-586J, Nov. 5, 1990, 104
Stat. 2047-2054, provided that:
``SEC. 586. SHORT TITLE.
``Sections 586 through 586J of this Act may be cited as the `Iraq
Sanctions Act of 1990'.
``SEC. 586A. DECLARATIONS REGARDING IRAQ'S INVASION OF KUWAIT.
``The Congress--
``(1) condemns Iraq's invasion of Kuwait on August 2, 1990;
``(2) supports the actions that have been taken by the President
in response to that invasion;
``(3) calls for the immediate and unconditional withdrawal of
Iraqi forces from Kuwait;
``(4) supports the efforts of the United Nations Security
Council to end this violation of international law and threat to
international peace;
``(5) supports the imposition and enforcement of multilateral
sanctions against Iraq;
``(6) calls on United States allies and other countries to
support fully the efforts of the United Nations Security Council,
and to take other appropriate actions, to bring about an end to
Iraq's occupation of Kuwait; and
``(7) condemns the brutal occupation of Kuwait by Iraq and its
gross violations of internationally recognized human rights in
Kuwait, including widespread arrests, torture, summary executions,
and mass extrajudicial killings.
``SEC. 586B. CONSULTATIONS WITH CONGRESS.
``The President shall keep the Congress fully informed, and shall
consult with the Congress, with respect to current and anticipated
events regarding the international crisis caused by Iraq's invasion of
Kuwait, including with respect to United States actions.
``SEC. 586C. TRADE EMBARGO AGAINST IRAQ.
``(a) Continuation of Embargo.--Except as otherwise provided in this
section, the President shall continue to impose the trade embargo and
other economic sanctions with respect to Iraq and Kuwait that the United
States is imposing, in response to Iraq's invasion of Kuwait, pursuant
to Executive Orders Numbered 12724 and 12725 [listed in a table below]
(August 9, 1990) and, to the extent they are still in effect, Executive
Orders Numbered 12722 and 12723 [listed in a table below] (August 2,
1990). Notwithstanding any other provision of law, no funds, credits,
guarantees, or insurance appropriated or otherwise made available by
this or any
other Act for fiscal year 1991 or any fiscal year thereafter shall be
used to support or administer any financial or commercial operation of
any United States Government department, agency, or other entity, or of
any person subject to the jurisdiction of the United States, for the
benefit of the Government of Iraq, its agencies or instrumentalities, or
any person working on behalf of the Government of Iraq, contrary to the
trade embargo and other economic sanctions imposed in accordance with
this section.
``(b) Humanitarian Assistance.--To the extent that transactions
involving foodstuffs or payments for foodstuffs are exempted `in
humanitarian circumstances' from the prohibitions established by the
United States pursuant to United Nations Security Council Resolution 661
(1990), those exemptions shall be limited to foodstuffs that are to be
provided consistent with United Nations Security Council Resolution 666
(1990) and other relevant Security Council resolutions.
``(c) Notice to Congress of Exceptions to and Termination of
Sanctions.--
``(1) Notice of regulations.--Any regulations issued after the
date of enactment of this Act [Nov. 5, 1990] with respect to the
economic sanctions imposed with respect to Iraq and Kuwait by the
United States under Executive Orders Numbered 12722 and 12723
(August 2, 1990) and Executive Orders Numbered 12724 and 12725
(August 9, 1990) shall be submitted to the Congress before those
regulations take effect.
``(2) Notice of termination of sanctions.--The President shall
notify the Congress at least 15 days before the termination, in
whole or in part, of any sanction imposed with respect to Iraq or
Kuwait pursuant to those Executive orders.
``(d) Relation to Other Laws.--
``(1) Sanctions legislation.--The sanctions that are described
in subsection (a) are in addition to, and not in lieu of the
sanctions provided for in section 586G of this Act or any other
provision of law.
``(2) National emergencies and united nations legislation.--
Nothing in this section supersedes any provision of the National
Emergencies Act [50 U.S.C. 1601 et seq.] or any authority of the
President under the International Emergency Economic Powers Act [50
U.S.C. 1701 et seq.] or section 5(a) of the United Nations
Participation Act of 1945 [22 U.S.C. 287c(a)].
``SEC. 586D. COMPLIANCE WITH UNITED NATIONS SANCTIONS AGAINST IRAQ.
``(a) Denial of Assistance.--None of the funds appropriated or
otherwise made available pursuant to this Act [see Tables for
classification] to carry out the Foreign Assistance Act of 1961 [22
U.S.C. 2151 et seq.] (including title IV of chapter 2 of part I [22
U.S.C. 2191 et seq.], relating to the Overseas Private Investment
Corporation) or the Arms Export Control Act [22 U.S.C. 2751 et seq.] may
be used to provide assistance to any country that is not in compliance
with the United Nations Security Council sanctions against Iraq unless
the President determines and so certifies to the Congress that--
``(1) such assistance is in the national interest of the United
States;
``(2) such assistance will directly benefit the needy people in
that country; or
``(3) the assistance to be provided will be humanitarian
assistance for foreign nationals who have fled Iraq and Kuwait.
``(b) Import Sanctions.--If the President considers that the taking
of such action would promote the effectiveness of the economic sanctions
of the United Nations and the United States imposed with respect to
Iraq, and is consistent with the national interest, the President may
prohibit, for such a period of time as he considers appropriate, the
importation into the United States of any or all products of any foreign
country that has not prohibited--
``(1) the importation of products of Iraq into its customs
territory, and
``(2) the export of its products to Iraq.
``SEC. 586E. PENALTIES FOR VIOLATIONS OF EMBARGO.
``Notwithstanding section 206 of the International Emergency
Economic Powers Act (50 U.S.C. 1705) and section 5(b) of the United
Nations Participation Act of 1945 (22 U.S.C. 287c(b))--
``(1) a civil penalty of not to exceed $250,000 may be imposed
on any person who, after the date of enactment of this Act [Nov. 5,
1990], violates or evades or attempts to violate or evade Executive
Order Numbered 12722, 12723, 12724, or 12725 [listed in a table
below] or any license, order, or regulation issued under any such
Executive order; and
``(2) whoever, after the date of enactment of this Act,
willfully violates or evades or attempts to violate or evade
Executive Order Numbered 12722, 12723, 12724, or 12725 or any
license, order, or regulation issued under any such Executive
order--
``(A) shall, upon conviction, be fined not more than
$1,000,000, if a person other than a natural person; or
``(B) if a natural person, shall, upon conviction, be fined
not more than $1,000,000, be imprisoned for not more than 12
years, or both.
Any officer, director, or agent of any corporation who knowingly
participates in a violation, evasion, or attempt described in paragraph
(2) may be punished by imposition of the fine or imprisonment (or both)
specified in subparagraph (B) of that paragraph.
``SEC. 586F. DECLARATIONS REGARDING IRAQ'S LONG-STANDING VIOLATIONS OF
INTERNATIONAL LAW.
``(a) Iraq's Violations of International Law.--The Congress
determines that--
``(1) the Government of Iraq has demonstrated repeated and
blatant disregard for its obligations under international law by
violating the Charter of the United Nations, the Protocol for the
Prohibition of the Use in War of Asphyxiating, Poisonous or Other
Gases, and of Bacteriological Methods of Warfare (done at Geneva,
June 17, 1925), as well as other international treaties;
``(2) the Government of Iraq is a party to the International
Covenant on Civil and Political Rights and the International
Covenant on Economic, Social, and Cultural Rights and is obligated
under the Covenants, as well as the Universal Declaration of Human
Rights, to respect internationally recognized human rights;
``(3) the State Department's Country Reports on Human Rights
Practices for 1989 again characterizes Iraq's human rights record as
`abysmal';
``(4) Amnesty International, Middle East Watch, and other
independent human rights organizations have documented extensive,
systematic, and continuing human rights abuses by the Government of
Iraq, including summary executions, mass political killings,
disappearances, widespread use of torture, arbitrary arrests and
prolonged detention without trial of thousands of political
opponents, forced relocation and deportation, denial of nearly all
civil and political rights such as freedom of association, assembly,
speech, and the press, and the imprisonment, torture, and execution
of children;
``(5) since 1987, the Government of Iraq has intensified its
severe repression of the Kurdish minority of Iraq, deliberately
destroyed more than 3,000 villages and towns in the Kurdish regions,
and forcibly expelled more than 500,000 people, thus effectively
depopulating the rural areas of Iraqi Kurdistan;
``(6) Iraq has blatantly violated international law by
initiating use of chemical weapons in the Iran-Iraq war;
``(7) Iraq has also violated international law by using chemical
weapons against its own Kurdish citizens, resulting in tens of
thousands of deaths and more than 65,000 refugees;
``(8) Iraq continues to expand its chemical weapons capability,
and President Saddam Hussein has threatened to use chemical weapons
against other nations;
``(9) persuasive evidence exists that Iraq is developing
biological weapons in violation of international law;
``(10) there are strong indications that Iraq has taken steps to
produce nuclear weapons and has attempted to smuggle from the United
States, in violation of United States law, components for triggering
devices used in nuclear warheads whose manufacture would contravene
the Treaty on the Non-Proliferation of Nuclear Weapons, to which
Iraq is a party; and
``(11) Iraqi President Saddam Hussein has threatened to use
terrorism against other nations in violation of international law
and has increased Iraq's support for the Palestine Liberation
Organization and other Palestinian groups that have conducted
terrorist acts.
``(b) Human Rights Violations.--The Congress determines that the
Government of Iraq is engaged in a consistent pattern of gross
violations of internationally recognized human rights. All provisions of
law that impose sanctions against a country whose government is engaged
in a consistent pattern of gross violations of internationally
recognized human rights shall be fully enforced against Iraq.
``(c) Support for International Terrorism.--(1) The Congress
determines that Iraq is a country which has repeatedly provided support
for acts of international terrorism, a country which grants sanctuary
from prosecution to individuals or groups which have committed an act of
international terrorism, and a country which otherwise supports
international terrorism. The provisions of law specified in paragraph
(2) and all other provisions of law that impose sanctions against a
country which has repeatedly provided support for acts of international
terrorism, which grants sanctuary from prosecution to an individual or
group which has committed an act of international terrorism, or which
otherwise supports international terrorism shall be fully enforced
against Iraq.
``(2) The provisions of law referred to in paragraph (1) are--
``(A) section 40 of the Arms Export Control Act [22 U.S.C.
2780];
``(B) section 620A of the Foreign Assistance Act of 1961 [22
U.S.C. 2371];
``(C) sections 555 and 556 of this Act [104 Stat. 2021, 2022]
(and the corresponding sections of predecessor foreign operations
appropriations Acts); and
``(D) section 555 of the International Security and Development
Cooperation Act of 1985 [99 Stat. 227].
``(d) Multilateral Cooperation.--The Congress calls on the President
to seek multilateral cooperation--
``(1) to deny dangerous technologies to Iraq;
``(2) to induce Iraq to respect internationally recognized human
rights; and
``(3) to induce Iraq to allow appropriate international
humanitarian and human rights organizations to have access to Iraq
and Kuwait, including the areas in northern Iraq traditionally
inhabited by Kurds.
``SEC. 586G. SANCTIONS AGAINST IRAQ.
``(a) Imposition.--Except as provided in section 586H, the following
sanctions shall apply with respect to Iraq:
``(1) FMS sales.--The United States Government shall not enter
into any sale with Iraq under the Arms Export Control Act [22 U.S.C.
2751 et seq.].
``(2) Commercial arms sales.--Licenses shall not be issued for
the export to Iraq of any item on the United States Munitions List.
``(3) Exports of certain goods and technology.--The authorities
of section 6 of the Export Administration Act of 1979 (50 U.S.C.
App. 2405) shall be used to prohibit the export to Iraq of any goods
or technology listed pursuant to that section or section 5(c)(1) of
that Act (50 U.S.C. App. 2404(c)(1)) on the control list provided
for in section 4(b) of that Act (50 U.S.C. App. 2403(b)).
``(4) Nuclear equipment, materials, and technology.--
``(A) NRC licenses.--The Nuclear Regulatory Commission shall
not issue any license or other authorization under the Atomic
Energy Act of 1954 (42 U.S.C. 2011 and following) for the export
to Iraq of any source or special nuclear material, any
production or utilization facility, any sensitive nuclear
technology, any component, item, or substance determined to have
significance for nuclear explosive purposes pursuant to section
109b. of the Atomic Energy Act of 1954 (42 U.S.C. 2139(b)), or
any other material or technology requiring such a license or
authorization.
``(B) Distribution of nuclear materials.--The authority of
the Atomic Energy Act of 1954 shall not be used to distribute
any special nuclear material, source material, or byproduct
material to Iraq.
``(C) DOE authorizations.--The Secretary of Energy shall not
provide a specific authorization under section 57b.(2) of the
Atomic Energy Act of 1954 (42 U.S.C. 2077(b)(2)) for any
activity that would constitute directly or indirectly engaging
in Iraq in activities that require a specific authorization
under that section.
``(5) Assistance from international financial institutions.--The
United States shall oppose any loan or financial or technical
assistance to Iraq by international financial institutions in
accordance with section 701 of the International Financial
Institutions Act (22 U.S.C. 262d).
``(6) Assistance through the export-import bank.--Credits and
credit guarantees through the Export-Import Bank of the United
States shall be denied to Iraq.
``(7) Assistance through the commodity credit corporation.--
Credit, credit guarantees, and other assistance through the
Commodity Credit Corporation shall be denied to Iraq.
``(8) Foreign assistance.--All forms of assistance under the
Foreign Assistance Act of 1961 (22 U.S.C. 2151 and following) other
than emergency assistance for medical supplies and other forms of
emergency humanitarian assistance, and under the Arms Export Control
Act (22 U.S.C. 2751 and following) shall be denied to Iraq.
``(b) Contract Sanctity.--For purposes of the export controls
imposed pursuant to subsection (a)(3), the date described in subsection
(m)(1) of section 6 of the Export Administration Act of 1979 (50 U.S.C.
App. 2405) shall be deemed to be August 1, 1990.
``SEC. 586H. WAIVER AUTHORITY.
``(a) In General.--The President may waive the requirements of any
paragraph of section 586G(a) if the President makes a certification
under subsection (b) or subsection (c).
``(b) Certification of Fundamental Changes in Iraqi Policies and
Actions.--The authority of subsection (a) may be exercised 60 days after
the President certifies to the Congress that--
``(1) the Government of Iraq--
``(A) has demonstrated, through a pattern of conduct,
substantial improvement in its respect for internationally
recognized human rights;
``(B) is not acquiring, developing, or manufacturing (i)
ballistic missiles, (ii) chemical, biological, or nuclear
weapons, or (iii) components for such weapons; has forsworn the
first use of such weapons; and is taking substantial and
verifiable steps to destroy or otherwise dispose of any such
missiles and weapons it possesses; and
``(C) does not provide support for international terrorism;
``(2) the Government of Iraq is in substantial compliance with
its obligations under international law, including--
``(A) the Charter of the United Nations;
``(B) the International Covenant on Civil and Political
Rights (done at New York, December 16, 1966) and the
International Covenant on Economic, Social, and Cultural Rights
(done at New York, December 16, 1966);
``(C) the Convention on the Prevention and Punishment of the
Crime of Genocide (done at Paris, December 9, 1948);
``(D) the Protocol for the Prohibition of the Use in War of
Asphyxiating, Poisonous or Other Gases, and of Bacteriological
Methods of Warfare (done at Geneva, June 17, 1925);
``(E) the Treaty on the Non-Proliferation of Nuclear Weapons
(done at Washington, London, and Moscow, July 1, 1968); and
``(F) the Convention on the Prohibition of the Development,
Production and Stockpiling of Bacteriological (Biological) and
Toxin Weapons and on Their Destruction (done at Washington,
London, and Moscow, April 10, 1972); and
``(3) the President has determined that it is essential to the
national interests of the United States to exercise the authority of
subsection (a).
``(c) Certification of Fundamental Changes in Iraqi Leadership and
Policies.--The authority of subsection (a) may be exercised 30 days
after the President certifies to the Congress that--
``(1) there has been a fundamental change in the leadership of
the Government of Iraq; and
``(2) the new Government of Iraq has provided reliable and
credible assurance that--
``(A) it respects internationally recognized human rights
and it will demonstrate such respect through its conduct;
``(B) it is not acquiring, developing, or manufacturing and
it will not acquire, develop, or manufacture (i) ballistic
missiles, (ii) chemical, biological, or nuclear weapons, or
(iii) components for such weapons; has forsworn the first use of
such weapons; and is taking substantial and verifiable steps to
destroy or otherwise dispose of any such missiles and weapons it
possesses;
``(C) it is not and will not provide support for
international terrorism; and
``(D) it is and will continue to be in substantial
compliance with its obligations under international law,
including all the treaties specified in subparagraphs (A)
through (F) of subsection (b)(2).
``(d) Information To Be Included in Certifications.--Any
certification under subsection (b) or (c) shall include the
justification for each determination required by that subsection. The
certification shall also specify which paragraphs of section 586G(a) the
President will waive pursuant to that certification.
``SEC. 586I. DENIAL OF LICENSES FOR CERTAIN EXPORTS TO COUNTRIES
ASSISTING IRAQ'S ROCKET OR CHEMICAL, BIOLOGICAL, OR NUCLEAR
WEAPONS CAPABILITY.
``(a) Restriction on Export Licenses.--None of the funds
appropriated by this or any other Act may be used to approve the
licensing for export of any supercomputer to any country whose
government the President determines is assisting, or whose government
officials the President determines are assisting, Iraq to improve its
rocket technology or chemical, biological, or nuclear weapons
capability.
``(b) Negotiations.--The President is directed to begin immediate
negotiations with those governments with which the United States has
bilateral supercomputer agreements, including the Government of the
United Kingdom and the Government of Japan, on conditions restricting
the transfer to Iraq of supercomputer or associated technology.
``SEC. 586J. REPORTS TO CONGRESS.
``(a) Study and Report on the International Export to Iraq of
Nuclear, Biological, Chemical, and Ballistic Missile Technology.--(1)
The President shall conduct a study on the sale, export, and third party
transfer or development of nuclear, biological, chemical, and ballistic
missile technology to or with Iraq including--
``(A) an identification of specific countries, as well as
companies and individuals, both foreign and domestic, engaged in
such sale or export of, nuclear, biological, chemical, and ballistic
missile technology;
``(B) a detailed description and analysis of the international
supply, information, support, and coproduction network, individual,
corporate, and state, responsible for Iraq's current capability in
the area of nuclear, biological, chemical, and ballistic missile
technology; and
``(C) a recommendation of standards and procedures against which
to measure and verify a decision of the Government of Iraq to
terminate the development, production, coproduction, and deployment
of nuclear, biological, chemical, and offensive ballistic missile
technology as well as the destruction of all existing facilities
associated with such technologies.
``(2) The President shall include in the study required by paragraph
(1) specific recommendations on new mechanisms, to include, but not be
limited to, legal, political, economic and regulatory, whereby the
United States might contribute, in conjunction with its friends, allies,
and the international community, to the management, control, or
elimination of the threat of nuclear, biological, chemical, and
ballistic missile proliferation.
``(3) Not later than March 30, 1991, the President shall submit to
the Committee on Appropriations and the Committee on Foreign Relations
of the Senate and the Committee on Appropriations and the Committee on
Foreign Affairs [now Committee on International Relations] of the House
of Representatives, a report, in both classified and unclassified form,
setting forth the findings of the study required by paragraph (1) of
this subsection.
``(b) Study and Report on Iraq's Offensive Military Capability.--(1)
The President shall conduct a study on Iraq's offensive military
capability and its effect on the Middle East balance of power including
an assessment of Iraq's power projection capability, the prospects for
another sustained conflict with Iran, joint Iraqi-Jordanian military
cooperation, the threat Iraq's arms transfer activities pose to United
States allies in the Middle East, and the extension of Iraq's political-
military influence into Africa and Latin America.
``(2) Not later than March 30, 1991, the President shall submit to
the Committee on Appropriations and the Committee on Foreign Relations
of the Senate and the Committee on Appropriations and the Committee on
Foreign Affairs [now Committee on International Relations] of the House
of Representatives, a report, in both classified and unclassified form,
setting forth the findings of the study required by paragraph (1).
``(c) Report on Sanctions Taken by Other Nations Against Iraq.--(1)
The President shall prepare a report on the steps taken by other
nations, both before and after the August 2, 1990, invasion of Kuwait,
to curtail the export of goods, services, and technologies to Iraq which
might contribute to, or enhance, Iraq's nuclear, biological, chemical,
and ballistic missile capability.
``(2) The President shall provide a complete accounting of
international compliance with each of the sanctions resolutions adopted
by the United Nations Security Council against Iraq since August 2,
1990, and shall list, by name, each country which to his knowledge, has
provided any assistance to Iraq and the amount and type of that
assistance in violation of each United Nations resolution.
``(3) The President shall make every effort to encourage other
nations, in whatever forum or context, to adopt sanctions toward Iraq
similar to those contained in this section.
``(4) Not later than every 6 months after the date of enactment of
this Act [Nov. 5, 1990], the President shall submit to the Committee on
Appropriations and the Committee on Foreign Relations of the Senate and
the Committee on Appropriations and the Committee on Foreign Affairs
[now Committee on International Relations] of the House of
Representatives, a report in both classified and unclassified form,
setting forth the findings of the study required by paragraph (1) of
this subsection.''
[Provisions similar to section 586D of Pub. L. 101-513, set out
above, relating to compliance with sanctions
against Iraq were contained in the following appropriations acts:
[Pub. L. 108-7, div. E, title V, Sec. 531, Feb. 20, 2003, 117 Stat.
192.
[Pub. L. 107-115, title V, Sec. 531, Jan. 10, 2002, 115 Stat. 2150.
[Pub. L. 106-429, Sec. 101(a) [title V, Sec. 534], Nov. 6, 2000, 114
Stat. 1900, 1900A-34.
[Pub. L. 106-113, div. B, Sec. 1000(a)(2) [title V, Sec. 534], Nov.
29, 1999, 113 Stat. 1535, 1501A-93.
[Pub. L. 105-277, div. A, Sec. 101(d) [title V, Sec. 535], Oct. 21,
1998, 112 Stat. 2681-150, 2681-181.
[Pub. L. 105-118, title V, Sec. 534, Nov. 26, 1997, 111 Stat. 2416.
[Pub. L. 104-208, div. A, title I, Sec. 101(c) [title V, Sec. 533],
Sept. 30, 1996, 110 Stat. 3009-121, 3009-152.
[Pub. L. 104-107, title V, Sec. 534, Feb. 12, 1996, 110 Stat. 734.
[Pub. L. 103-306, title V, Sec. 538, Aug. 23, 1994, 108 Stat. 1639.
[Pub. L. 103-87, title V, Sec. 539, Sept. 30, 1993, 107 Stat. 957.
[Pub. L. 102-391, title V, Sec. 573, Oct. 6, 1992, 106 Stat. 1683.]
Pub. L. 101-510, div. A, title XIV, Sec. 1458, Nov. 5, 1990, 104
Stat. 1697, provided that: ``If the President considers that the taking
of such action would promote the effectiveness of the economic sanctions
of the United Nations and the United States imposed with respect to
Iraq, and is consistent with the national interest, the President may
prohibit, for such a period of time as he considers appropriate, the
importation into the United States of any or all products of any foreign
country that has not--
``(1) prohibited--
``(A) the importation of products of Iraq into its customs
territory, and
``(B) the export of its products to Iraq; or
``(2) given assurances satisfactory to the President that such
import and export sanctions will be promptly implemented.''
Suspending the Iraq Sanctions Act, Making Inapplicable Certain Statutory
Provisions Related to Iraq, and Delegating Authorities, Under the
Emergency Wartime Supplemental Appropriations Act, 2003
Determination of President of the United States, No. 2003-23, May 7,
2003, 68 F.R. 26459, provided:
Memorandum for the Secretary of State [and] the Secretary of
Commerce
By virtue of the authority vested in me by the Constitution and the
laws of the United States, including sections 1503 and 1504 of the
Emergency Wartime Supplemental Act, 2003 [Emergency Wartime Supplemental
Appropriations Act, 2003], Public Law 108-11 (the ``Act'') [117 Stat.
579], and section 301 of title 3, United States Code, I hereby:
(1) suspend the application of all of the provisions, other than
section 586E, of the Iraq Sanctions Act of 1990, Public Law 101-513 [set
out above], and
(2) make inapplicable with respect to Iraq section 620A of the
Foreign Assistance Act of 1961, Public Law 87-195, as amended [22 U.S.C.
2371] (the ``FAA''), and any other provision of law that applies to
countries that have supported terrorism.
In addition, I delegate the functions and authorities conferred upon
the President by:
(1) section 1503 of the Act to submit reports to the designated
committees of the Congress to the Secretary of Commerce, or until such
time as the principal licensing responsibility for the export to Iraq of
items on the Commerce Control List has reverted to the Department of
Commerce, to the Secretary of the Treasury; and,
(2) section 1504 of the Act to the Secretary of State.
The functions and authorities delegated herein may be further
delegated and redelegated to the extent consistent with applicable law.
The Secretary of State is authorized and directed to publish this
determination in the Federal Register.
George W. Bush.
Iran Claims Settlement
Pub. L. 99-93, title V, Aug. 16, 1985, 99 Stat. 437, provided for
the determination of the validity and amounts of claims by United States
nationals against Iran which were settled en bloc by the United States.
EXECUTIVE DOCUMENTS
Provisions relating to the exercise of Presidential authorities to
declare national emergencies for unusual and extraordinary threats with
respect to the actions of certain persons and countries are contained in
the following:
Afghanistan (Taliban)
Ex. Ord. No. 13129, July 4, 1999, 64 F.R. 36759, revoked by Ex. Ord.
No. 13268, July 2, 2002, 67 F.R. 44751.
Continuations of national emergency declared by Ex. Ord. No.
13129 were contained in the following:
Notice of President of the United States, dated June 30, 2001,
66 F.R. 35363.
Notice of President of the United States, dated June 30, 2000,
65 F.R. 41549.
Ex. Ord. No. 13268, July 2, 2002, 67 F.R. 44751.
Angola (UNITA)
Ex. Ord. No. 12865, Sept. 26, 1993, 58 F.R. 51005, revoked by Ex.
Ord. No. 13298, May 6, 2003, 68 F.R. 24857.
Continuations of national emergency declared by Ex. Ord. No.
12865 were contained in the following:
Notice of President of the United States, dated Sept. 23, 2002,
67 F.R. 60105.
Notice of President of the United States, dated Sept. 24, 2001,
66 F.R. 49084.
Notice of President of the United States, dated Sept. 22, 2000,
65 F.R. 57721.
Notice of President of the United States, dated Sept. 21, 1999,
64 F.R. 51419.
Notice of President of the United States, dated Sept. 23, 1998,
63 F.R. 51509.
Notice of President of the United States, dated Sept. 24, 1997,
62 F.R. 50477.
Notice of President of the United States, dated Sept. 16, 1996,
61 F.R. 49047.
Notice of President of the United States, dated Sept. 18, 1995,
60 F.R. 48621.
Notice of President of the United States, dated Aug. 17, 1994,
59 F.R. 42749.
Ex. Ord. No. 13069, Dec. 12, 1997, 62 F.R. 65989, revoked by Ex.
Ord. No. 13298, May 6, 2003, 68 F.R. 24857.
Ex. Ord. No. 13098, Aug. 18, 1998, 63 F.R. 44771, revoked by Ex.
Ord. No. 13298, May 6, 2003, 68 F.R. 24857.
Ex. Ord. No. 13298, May 6, 2003, 68 F.R. 24857.
Belarus
Ex. Ord. No. 13405, June 16, 2006, 71 F.R. 35485.
Burma
Ex. Ord. No. 13047, May 20, 1997, 62 F.R. 28301, sections 1 to 7 of
which were revoked by Ex. Ord. No. 13310, Sec. 12, July 28, 2003, 68
F.R. 44855, to the extent inconsistent with Ex. Ord. No. 13310.
Continuations of national emergency declared by Ex. Ord. No.
13047 were contained in the following:
Notice of President of the United States, dated May 18, 2006, 71
F.R. 29239.
Notice of President of the United States, dated May 17, 2005, 70
F.R. 28771.
Notice of President of the United States, dated May 17, 2004, 69
F.R. 29041.
Notice of President of the United States, dated May 16, 2003, 68
F.R. 27425.
Notice of President of the United States, dated May 16, 2002, 67
F.R. 35423.
Notice of President of the United States, dated May 15, 2001, 66
F.R. 27443.
Notice of President of the United States, dated May 18, 2000, 65
F.R. 32005.
Notice of President of the United States, dated May 18, 1999, 64
F.R. 27443.
Notice of President of the United States, dated May 18, 1998, 63
F.R. 27661.
Ex. Ord. No. 13310, July 28, 2003, 68 F.R. 44853.
Colombia
Ex. Ord. No. 12978, Oct. 21, 1995, 60 F.R. 54579, as amended by Ex.
Ord. No. 13286, Sec. 22, Feb. 28, 2003, 68 F.R. 10624.
Continuations of national emergency declared by Ex. Ord. No.
12978 were contained in the following:
Notice of President of the United States, dated Oct. 19, 2006,
71 F.R. 62053.
Notice of President of the United States, dated Oct. 19, 2005,
70 F.R. 61209.
Notice of President of the United States, dated Oct. 19, 2004,
69 F.R. 61733.
Notice of President of the United States, dated Oct. 16, 2003,
68 F.R. 60023.
Notice of President of the United States, dated Oct. 16, 2002,
67 F.R. 64307.
Notice of President of the United States, dated Oct. 16, 2001,
66 F.R. 53073.
Notice of President of the United States, dated Oct. 19, 2000,
65 F.R. 63193.
Notice of President of the United States, dated Oct. 19, 1999,
64 F.R. 56667.
Notice of President of the United States, dated Oct. 19, 1998,
63 F.R. 56079.
Notice of President of the United States, dated Oct. 17, 1997,
62 F.R. 54561.
Notice of President of the United States, dated Oct. 16, 1996,
61 F.R. 54531.
Cote d'Ivoire
Ex. Ord. No. 13396, Feb. 7, 2006, 71 F.R. 7389.
Countries and Persons Committing or Supporting Terrorism
Ex. Ord. No. 12947, Jan. 23, 1995, 60 F.R. 5079, as amended by Ex.
Ord. No. 13099, Secs. 1, 2, Aug. 20, 1998, 63 F.R. 45167; Ex. Ord.
No. 13372, Sec. 2, Feb. 16, 2005, 70 F.R. 8499.
Continuations of national emergency declared by Ex. Ord. No.
12947 were contained in the following:
Notice of President of the United States, dated Jan. 18, 2006,
71 F.R. 3407.
Notice of President of the United States, dated Jan. 17, 2005,
70 F.R. 3277.
Notice of President of the United States, dated Jan. 16, 2004,
69 F.R. 2991.
Notice of President of the United States, dated Jan. 20, 2003,
68 F.R. 3161.
Notice of President of the United States, dated Jan. 18, 2002,
67 F.R. 3033.
Notice of President of the United States, dated Jan. 19, 2001,
66 F.R. 7371.
Notice of President of the United States, dated Jan. 19, 2000,
65 F.R. 3581.
Notice of President of the United States, dated Jan. 20, 1999,
64 F.R. 3393.
Notice of President of the United States, dated Jan. 21, 1998,
63 F.R. 3445.
Notice of President of the United States, dated Jan. 21, 1997,
62 F.R. 3439.
Notice of President of the United States, dated Jan. 18, 1996,
61 F.R. 1695.
Ex. Ord. No. 13224, Sept. 23, 2001, 66 F.R. 49079, as amended by Ex.
Ord. No. 13268, Sec. 1, July 2, 2002, 67 F.R. 44751; Ex. Ord. No. 13284,
Sec. 4, Jan. 23, 2003, 68 F.R. 4075; Ex. Ord. No. 13372, Sec. 1, Feb.
16, 2005, 70 F.R. 8499.
Continuations of national emergency declared by Ex. Ord. No.
13224 were contained in the following:
Notice of President of the United States, dated Sept. 21, 2006,
71 F.R. 55725.
Notice of President of the United States, dated Sept. 21, 2005,
70 F.R. 55703.
Notice of President of the United States, dated Sept. 21, 2004,
69 F.R. 56923.
Notice of President of the United States, dated Sept. 18, 2003,
68 F.R. 55189.
Notice of President of the United States, dated Sept. 19, 2002,
67 F.R. 59447.
Ex. Ord. No. 13372, Feb. 16, 2005, 70 F.R. 8499.
Countries and Persons Proliferating Weapons of Mass Destruction
Ex. Ord. No. 12735, Nov. 16, 1990, 55 F.R. 48587, revoked by Ex.
Ord. No. 12938, Sec. 10, Nov. 14, 1994, 59 F.R. 59099.
Continuations of national emergency declared by Ex. Ord. No.
12735 were contained in the following:
Notice of President of the United States, dated Nov. 12, 1993,
58 F.R. 60361.
Notice of President of the United States, dated Nov. 11, 1992,
57 F.R. 53979.
Notice of President of the United States, dated Nov. 14, 1991,
56 F.R. 58171.
Ex. Ord. No. 12868, Sept. 30, 1993, 58 F.R. 51749, revoked, with
savings provision, by Ex. Ord. No. 12930, Sec. 3, Sept. 29, 1994, 59
F.R. 50475.
Ex. Ord. No. 12930, Sept. 29, 1994, 59 F.R. 50475, revoked by Ex.
Ord. No. 12938, Sec. 10, Nov. 14, 1994, 59 F.R. 59099.
Ex. Ord. No. 12938, Nov. 14, 1994, 59 F.R. 59099, as amended by Ex.
Ord. No. 13094, Sec. 1, July 28, 1998, 63 F.R. 40803; Ex. Ord. No.
13128, June 25, 1999, 64 F.R. 34704; Ex. Ord. No. 13382, Sec. 4, June
28, 2005, 70 F.R. 38568.
Continuations of national emergency declared by Ex. Ord. No.
12938 were contained in the following:
Notice of President of the United States, dated Oct. 27, 2006,
71 F.R. 64109.
Notice of President of the United States, dated Oct. 25, 2005,
70 F.R. 62027.
Notice of President of the United States, dated Nov. 4, 2004, 69
F.R. 64637.
Notice of President of the United States, dated Oct. 29, 2003,
68 F.R. 62209.
Notice of President of the United States, dated Nov. 6, 2002, 67
F.R. 68493.
Notice of President of the United States, dated Nov. 9, 2001, 66
F.R. 56965.
Notice of President of the United States, dated Nov. 9, 2000, 65
F.R. 68063.
Notice of President of the United States, dated Nov. 10, 1999,
64 F.R. 61767.
Notice of President of the United States, dated Nov. 12, 1998,
63 F.R. 63589.
Notice of President of the United States, dated Nov. 12, 1997,
62 F.R. 60993.
Notice of President of the United States, dated Nov. 12, 1996,
61 F.R. 58309.
Notice of President of the United States, dated Nov. 8, 1995, 60
F.R. 57137.
Ex. Ord. No. 13382, June 28, 2005, 70 F.R. 38567.
Countries and Persons Threatening United States Export Regulation Upon
Expiration of the Export Administration Act of 1979
Ex. Ord. No. 12444, Oct. 14, 1983, 48 F.R. 48215, revoked by Ex.
Ord. No. 12451, Dec. 20, 1983, 48 F.R. 56563.
Ex. Ord. No. 12451, Dec. 20, 1983, 48 F.R. 56563.
Ex. Ord. No. 12470, Mar. 30, 1984, 49 F.R. 13099, revoked by Ex.
Ord. No. 12525, July 12, 1985, 50 F.R. 28757.
Continuation of emergency declared by Ex. Ord. No. 12470 was
contained in the following:
Notice of President of the United States, dated Mar. 28, 1985,
50 F.R. 12513.
Ex. Ord. No. 12525, July 12, 1985, 50 F.R. 28757.
Ex. Ord. No. 12730, Sept. 30, 1990, 55 F.R. 40373, revoked by Ex.
Ord. No. 12867, Sec. 1, Sept. 30, 1993, 58 F.R. 51747.
Continuations of national emergency declared by Ex. Ord. No.
12730 were contained in the following:
Notice of President of the United States, dated Sept. 25, 1992,
57 F.R. 44649.
Notice of President of the United States, dated Sept. 26, 1991,
56 F.R. 49385.
Ex. Ord. No. 12867, Sept. 30, 1993, 58 F.R. 51747.
Ex. Ord. No. 12923, June 30, 1994, 59 F.R. 34551, revoked by Ex.
Ord. No. 12924, Sec. 4, Aug. 19, 1994, 59 F.R. 43438.
Ex. Ord. No. 12924, Aug. 19, 1994, 59 F.R. 43437, revoked by Ex.
Ord. No. 13206, Sec. 1, Apr. 4, 2001, 66 F.R. 18397.
Continuations of national emergency declared by Ex. Ord. No.
12924 were contained in the following:
Notice of President of the United States, dated Aug. 3, 2000, 65
F.R. 48347.
Notice of President of the United States, dated Aug. 10, 1999,
64 F.R. 44101.
Notice of President of the United States, dated Aug. 13, 1998,
63 F.R. 44121.
Notice of President of the United States, dated Aug. 13, 1997,
62 F.R. 43629.
Notice of President of the United States, dated Aug. 14, 1996,
61 F.R. 42527.
Notice of President of the United States, dated Aug. 15, 1995,
60 F.R. 42767.
Ex. Ord. No. 13206, Apr. 4, 2001, 66 F.R. 18397.
Ex. Ord. No. 13222, Aug. 17, 2001, 66 F.R. 44025.
Continuations of national emergency declared by Ex. Ord. No.
13222 were contained in the following:
Notice of President of the United States, dated Aug. 3, 2006, 71
F.R. 44551.
Notice of President of the United States, dated Aug. 2, 2005, 70
F.R. 45273.
Notice of President of the United States, dated Aug. 6, 2004, 69
F.R. 48763.
Notice of President of the United States, dated Aug. 7, 2003, 68
F.R. 47833.
Notice of President of the United States, dated Aug. 14, 2002,
67 F.R. 53721.
Democratic Republic of the Congo
Ex. Ord. No. 13413, Oct. 27, 2006, 71 F.R. 64105.
Haiti
Ex. Ord. No. 12775, Oct. 4, 1991, 56 F.R. 50641, revoked by Ex. Ord.
No. 12932, Oct. 14, 1994, 59 F.R. 52403.
Continuations of national emergency declared by Ex. Ord. No.
12775 were contained in the following:
Notice of President of the United States, dated Sept. 30, 1994,
59 F.R. 50479.
Notice of President of the United States, dated Sept. 30, 1993,
58 F.R. 51563.
Notice of President of the United States, dated Sept. 30, 1992,
57 F.R. 45557.
Ex. Ord. No. 12779, Oct. 28, 1991, 56 F.R. 55975, revoked by Ex.
Ord. No. 12932, Oct. 14, 1994, 59 F.R. 52403.
Ex. Ord. No. 12853, June 30, 1993, 58 F.R. 35843, revoked by Ex.
Ord. No. 12932, Oct. 14, 1994, 59 F.R. 52403.
Ex. Ord. No. 12872, Oct. 18, 1993, 58 F.R. 54029, revoked by Ex.
Ord. No. 12932, Oct. 14, 1994, 59 F.R. 52403.
Ex. Ord. No. 12914, May 7, 1994, 59 F.R. 24339, revoked by Ex. Ord.
No. 12932, Oct. 14, 1994, 59 F.R. 52403.
Ex. Ord. No. 12917, May 21, 1994, 59 F.R. 26925, revoked by Ex. Ord.
No. 12932, Oct. 14, 1994, 59 F.R. 52403.
Ex. Ord. No. 12920, June 10, 1994, 59 F.R. 30501, revoked by Ex.
Ord. No. 12932, Oct. 14, 1994, 59 F.R. 52403.
Ex. Ord. No. 12922, June 21, 1994, 59 F.R. 32645, revoked by Ex.
Ord. No. 12932, Oct. 14, 1994, 59 F.R. 52403.
Ex. Ord. No. 12932, Oct. 14, 1994, 59 F.R. 52403.
Iran
Ex. Ord. No. 12170, Nov. 14, 1979, 44 F.R. 65729.
Continuations of national emergency declared by Ex. Ord. No.
12170 were contained in the following:
Notice of President of the United States, dated Nov. 9, 2006, 71
F.R. 66227.
Notice of President of the United States, dated Nov. 9, 2005, 70
F.R. 69039.
Notice of President of the United States, dated Nov. 9, 2004, 69
F.R. 65513.
Notice of President of the United States, dated Nov. 12, 2003,
68 F.R. 64489.
Notice of President of the United States, dated Nov. 12, 2002,
67 F.R. 68929.
Notice of President of the United States, dated Nov. 9, 2001, 66
F.R. 56966.
Notice of President of the United States, dated Nov. 9, 2000, 65
F.R. 68061.
Notice of President of the United States, dated Nov. 5, 1999, 64
F.R. 61471.
Notice of President of the United States, dated Nov. 9, 1998, 63
F.R. 63125.
Notice of President of the United States, dated Sept. 30, 1997,
62 F.R. 51591.
Notice of President of the United States, dated Oct. 29, 1996,
61 F.R. 56107.
Notice of President of the United States, dated Oct. 31, 1995,
60 F.R. 55651.
Notice of President of the United States, dated Oct. 31, 1994,
59 F.R. 54785.
Notice of President of the United States, dated Nov. 1, 1993, 58
F.R. 58639.
Notice of President of the United States, dated Oct. 25, 1992,
57 F.R. 48719.
Notice of President of the United States, dated Nov. 12, 1991,
56 F.R. 57791.
Notice of President of the United States, dated Nov. 9, 1990, 55
F.R. 47453.
Notice of President of the United States, dated Oct. 30, 1989,
54 F.R. 46043.
Notice of President of the United States, dated Nov. 8, 1988, 53
F.R. 45750.
Notice of President of the United States, dated Nov. 10, 1987,
52 F.R. 43549.
Notice of President of the United States, dated Nov. 10, 1986,
51 F.R. 41067.
Notice of President of the United States, dated Nov. 1, 1985, 50
F.R. 45901.
Notice of President of the United States, dated Nov. 7, 1984, 49
F.R. 44741.
Notice of President of the United States, dated Nov. 8, 1982, 47
F.R. 50841.
Ex. Ord. No. 12205, Apr. 7, 1980, 45 F.R. 24099, as amended by Ex.
Ord. No. 12211, Apr. 17, 1980, 45 F.R. 26685, of which provisions
related to prohibitions contained therein were revoked by Ex. Ord. No.
12282, Jan. 19, 1981, 46 F.R. 7925.
Ex. Ord. No. 12211, Apr. 17, 1980, 45 F.R. 26685, of which
provisions related to prohibitions contained therein were revoked by Ex.
Ord. No. 12282, Jan. 19, 1981, 46 F.R. 7925.
Ex. Ord. No. 12276, Jan. 19, 1981, 46 F.R. 7913.
Ex. Ord. No. 12277, Jan. 19, 1981, 46 F.R. 7915.
Ex. Ord. No. 12278, Jan. 19, 1981, 46 F.R. 7917.
Ex. Ord. No. 12279, Jan. 19, 1981, 46 F.R. 7919.
Ex. Ord. No. 12280, Jan. 19, 1981, 46 F.R. 7921.
Ex. Ord. No. 12281, Jan. 19, 1981, 46 F.R. 7923.
Ex. Ord. No. 12282, Jan. 19, 1981, 46 F.R. 7925.
Ex. Ord. No. 12283, Jan. 19, 1981, 46 F.R. 7927.
Ex. Ord. No. 12284, Jan. 19, 1981, 46 F.R. 7929.
Ex. Ord. No. 12285, Jan. 19, 1981, 46 F.R. 7931, as amended by Ex.
Ord. No. 12307, June 4, 1981, 46 F.R. 30483; Ex. Ord. No. 12317, Aug.
14, 1981, 46 F.R. 42241, revoked by Ex. Ord. No. 12379, Sec. 21, Aug.
17, 1982, 47 F.R. 36100, set out as a note under section 14 of the
Federal Advisory Committee Act in the Appendix to Title 5, Government
Organization and Employees.
Ex. Ord. No. 12294, Feb. 24, 1981, 46 F.R. 14111.
Ex. Ord. No. 12613, Oct. 29, 1987, 52 F.R. 41940, revoked by Ex.
Ord. No. 13059, Sec. 7, Aug. 19, 1997, 62 F.R. 44533.
Ex. Ord. No. 12957, Mar. 15, 1995, 60 F.R. 14615, sections 1 and 2
of which were revoked by Ex. Ord. No. 12959, Sec. 5, May 6, 1995, 60
F.R. 24758, to the extent inconsistent with Ex. Ord. No. 12959.
Continuations of national emergency declared by Ex. Ord. No.
12957 were contained in the following:
Notice of President of the United States, dated Mar. 13, 2006,
71 F.R. 13241.
Notice of President of the United States, dated Mar. 10, 2005,
70 F.R. 12581.
Notice of President of the United States, dated Mar. 10, 2004,
69 F.R. 12051.
Notice of President of the United States, dated Mar. 12, 2003,
68 F.R. 12563.
Notice of President of the United States, dated Mar. 13, 2002,
67 F.R. 11553.
Notice of President of the United States, dated Mar. 13, 2001,
66 F.R. 15013.
Notice of President of the United States, dated Mar. 13, 2000,
65 F.R. 13863.
Notice of President of the United States, dated Mar. 10, 1999,
64 F.R. 12239.
Notice of President of the United States, dated Mar. 4, 1998, 63
F.R. 11099.
Notice of President of the United States, dated Mar. 5, 1997, 62
F.R. 10409.
Notice of President of the United States, dated Mar. 8, 1996, 61
F.R. 9897.
Ex. Ord. No. 12959, May 6, 1995, 60 F.R. 24757, as amended by Ex.
Ord. No. 13059, Sec. 7, Aug. 19, 1997, 62 F.R. 44533.
Ex. Ord. No. 13059, Aug. 19, 1997, 62 F.R. 44531.
Iraq
Ex. Ord. No. 12722, Aug. 2, 1990, 55 F.R. 31803, revoked by Ex. Ord.
No. 12724, Sec. 6, Aug. 9, 1990, 55 F.R. 33090, to the extent
inconsistent with Ex. Ord. No. 12724, and by Ex. Ord. No. 13350, July
29, 2004, 69 F.R. 46055.
Continuations of national emergency declared by Ex. Ord. No.
12722 were contained in the following:
Notice of President of the United States, dated July 31, 2003,
68 F.R. 45739.
Notice of President of the United States, dated July 30, 2002,
67 F.R. 50341.
Notice of President of the United States, dated July 31, 2001,
66 F.R. 40105.
Notice of President of the United States, dated July 28, 2000,
65 F.R. 47241.
Notice of President of the United States, dated July 20, 1999,
64 F.R. 39897.
Notice of President of the United States, dated July 28, 1998,
63 F.R. 41175.
Notice of President of the United States, dated July 31, 1997,
62 F.R. 41803.
Notice of President of the United States, dated July 22, 1996,
61 F.R. 38561.
Notice of President of the United States, dated July 28, 1995,
60 F.R. 39099.
Notice of President of the United States, dated July 19, 1994,
59 F.R. 37151.
Notice of President of the United States, dated July 20, 1993,
58 F.R. 39111.
Notice of President of the United States, dated July 21, 1992,
57 F.R. 32875.
Notice of President of the United States, dated July 26, 1991,
56 F.R. 35995.
Ex. Ord. No. 12724, Aug. 9, 1990, 55 F.R. 33089, revoked by Ex. Ord.
No. 13350, July 29, 2004, 69 F.R. 46055.
Ex. Ord. No. 12817, Oct. 21, 1992, 57 F.R. 48433, revoked by Ex.
Ord. No. 13350, July 29, 2004, 69 F.R. 46055.
Ex. Ord. No. 13303, May 22, 2003, 68 F.R. 31931, as amended by Ex.
Ord. No. 13364, Sec. 1, Nov. 29, 2004, 69 F.R. 70177.
Continuations of national emergency declared by Ex. Ord. No.
13303 were contained in the following:
Notice of President of the United States, dated May 18, 2006, 71
F.R. 29237.
Notice of President of the United States, dated May 19, 2005, 70
F.R. 29435.
Notice of President of the United States, dated May 20, 2004, 69
F.R. 29409.
Ex. Ord. No. 13315, Aug. 28, 2003, 68 F.R. 52315, as amended by Ex.
Ord. No. 13350, July 29, 2004, 69 F.R. 46055.
Ex. Ord. No. 13350, July 29, 2004, 69 F.R. 46055.
Ex. Ord. No. 13364, Nov. 29, 2004, 69 F.R. 70177.
Kuwait
Ex. Ord. No. 12723, Aug. 2, 1990, 55 F.R. 31805, revoked by Ex. Ord.
No. 12771, July 25, 1991, 56 F.R. 35993.
Ex. Ord. No. 12725, Aug. 9, 1990, 55 F.R. 33091, revoked by Ex. Ord.
No. 12771, July 25, 1991, 56 F.R. 35993.
Ex. Ord. No. 12771, July 25, 1991, 56 F.R. 35993.
Liberia
Ex. Ord. No. 13213, May 22, 2001, 66 F.R. 28829, as amended by Ex.
Ord. No. 13312, Sec. 3(d), July 29, 2003, 68 F.R. 45152, revoked by Ex.
Ord. No. 13324, Jan. 15, 2004, 69 F.R. 2823.
Ex. Ord. No. 13324, Jan. 15, 2004, 69 F.R. 2823.
Ex. Ord. No. 13348, July 22, 2004, 69 F.R. 44885.
Continuations of national emergency declared by Ex. Ord. No.
13348 were contained in the following:
Notice of President of the United States, dated July 18, 2006,
71 F.R. 41093.
Notice of President of the United States, dated July 19, 2005,
70 F.R. 41935.
Libya
Ex. Ord. No. 12543, Jan. 7, 1986, 51 F.R. 875, revoked by Ex. Ord.
No. 13357, Sept. 20, 2004, 69 F.R. 56665.
Continuations of national emergency declared by Ex. Ord. No.
12543 were contained in the following:
Notice of President of the United States, dated Jan. 5, 2004, 69
F.R. 847.
Notice of President of the United States, dated Jan. 2, 2003, 68
F.R. 661.
Notice of President of the United States, dated Jan. 3, 2002, 67
F.R. 637.
Notice of President of the United States, dated Jan. 4, 2001, 66
F.R. 1251.
Notice of President of the United States, dated Dec. 29, 1999,
65 F.R. 1999.
Notice of President of the United States, dated Dec. 30, 1998,
64 F.R. 383.
Notice of President of the United States, dated Jan. 2, 1998, 63
F.R. 653.
Notice of President of the United States, dated Jan. 2, 1997, 62
F.R. 587.
Notice of President of the United States, dated Jan. 3, 1996, 61
F.R. 383.
Notice of President of the United States, dated Dec. 22, 1994,
59 F.R. 67119.
Notice of President of the United States, dated Dec. 2, 1993, 58
F.R. 64361.
Notice of President of the United States, dated Dec. 14, 1992,
57 F.R. 59895.
Notice of President of the United States, dated Dec. 26, 1991,
56 F.R. 67465.
Notice of President of the United States, dated Jan. 2, 1991, 56
F.R. 477.
Notice of President of the United States, dated Jan. 4, 1990, 55
F.R. 589.
Notice of President of the United States, dated Dec. 28, 1988,
53 F.R. 52971.
Notice of President of the United States, dated Dec. 15, 1987,
52 F.R. 47891.
Notice of President of the United States, dated Dec. 23, 1986,
51 F.R. 46849.
Ex. Ord. No. 12544, Jan. 8, 1986, 51 F.R. 1235, revoked by Ex. Ord.
No. 13357, Sept. 20, 2004, 69 F.R. 56665.
Ex. Ord. No. 12801, Apr. 15, 1992, 57 F.R. 14319, revoked by Ex.
Ord. No. 13357, Sept. 20, 2004, 69 F.R. 56665.
Ex. Ord. No. 13357, Sept. 20, 2004, 69 F.R. 56665.
Nicaragua
Ex. Ord. No. 12513, May 1, 1985, 50 F.R. 18629, revoked by Ex. Ord.
No. 12707, Mar. 13, 1990, 55 F.R. 9707.
Continuations of national emergency declared by Ex. Ord. No.
12513 were contained in the following:
Notice of President of the United States, dated Apr. 21, 1989,
54 F.R. 17701.
Notice of President of the United States, dated Apr. 25, 1988,
53 F.R. 15011.
Notice of President of the United States, dated Apr. 21, 1987,
52 F.R. 13425.
Notice of President of the United States, dated Apr. 22, 1986,
51 F.R. 15461.
Ex. Ord. No. 12707, Mar. 13, 1990, 55 F.R. 9707.
Panama
Ex. Ord. No. 12635, Apr. 8, 1988, 53 F.R. 12134, revoked by Ex. Ord.
No. 12710, Apr. 5, 1990, 55 F.R. 13099.
Continuation of national emergency declared by Ex. Ord. No.
12635 was contained in the following:
Notice of President of the United States, dated Apr. 6, 1989, 54
F.R. 14197.
Ex. Ord. No. 12710, Apr. 5, 1990, 55 F.R. 13099.
Russia
Ex. Ord. No. 13159, June 21, 2000, 65 F.R. 39279.
Continuations of national emergency declared by Ex. Ord. No.
13159 were contained in the following:
Notice of President of the United States, dated June 19, 2006,
71 F.R. 35489.
Notice of President of the United States, dated June 17, 2005,
70 F.R. 35507.
Notice of President of the United States, dated June 16, 2004,
69 F.R. 34047.
Notice of President of the United States, dated June 10, 2003,
68 F.R. 35149.
Notice of President of the United States, dated June 18, 2002,
67 F.R. 42181.
Notice of President of the United States, dated June 11, 2001,
66 F.R. 32207.
Sierra Leone
Ex. Ord. No. 13194, Jan. 18, 2001, 66 F.R. 7389, as amended by Ex.
Ord. No. 13312, Sec. 3(a)-(c), July 29, 2003, 68 F.R. 45152, revoked by
Ex. Ord. No. 13324, Jan. 15, 2004, 69 F.R. 2823.
Continuations of national emergency declared by Ex. Ord. No.
13194 were contained in the following:
Notice of President of the United States, dated Jan. 16, 2003,
68 F.R. 2677.
Notice of President of the United States, dated Jan. 15, 2002,
67 F.R. 2547.
Ex. Ord. No. 13213, May 22, 2001, 66 F.R. 28829, as amended by Ex.
Ord. No. 13312, Sec. 3(d), July 29, 2003, 68 F.R. 45152, revoked by Ex.
Ord. No. 13324, Jan. 15, 2004, 69 F.R. 2823.
Ex. Ord. No. 13324, Jan. 15, 2004, 69 F.R. 2823.
South Africa
Ex. Ord. No. 12532, Sept. 9, 1985, 50 F.R. 36861, revoked by Ex.
Ord. No. 12769, Sec. 4, July 10, 1991, 56 F.R. 31855.
Continuation of national emergency declared by Ex. Ord. No.
12532 was contained in the following:
Notice of President of the United States, dated Sept. 4, 1986,
51 F.R. 31925.
Ex. Ord. No. 12535, Oct. 1, 1985, 50 F.R. 40325, revoked by Ex. Ord.
No. 12769, Sec. 4, July 10, 1991, 56 F.R. 31855.
Sudan
Ex. Ord. No. 13067, Nov. 3, 1997, 62 F.R. 59989.
Continuations of national emergency declared by Ex. Ord. No.
13067 were contained in the following:
Notice of President of the United States, dated Nov. 1, 2006, 71
F.R. 64629.
Notice of President of the United States, dated Nov. 1, 2005, 70
F.R. 66745.
Notice of President of the United States, dated Nov. 1, 2004, 69
F.R. 63915.
Notice of President of the United States, dated Oct. 29, 2003,
68 F.R. 62211.
Notice of President of the United States, dated Oct. 29, 2002,
67 F.R. 66525.
Notice of President of the United States, dated Oct. 31, 2001,
66 F.R. 55869.
Notice of President of the United States, dated Oct. 31, 2000,
65 F.R. 66163.
Notice of President of the United States, dated Oct. 29, 1999,
64 F.R. 59105.
Notice of President of the United States, dated Oct. 27, 1998,
63 F.R. 58617.
Ex. Ord. No. 13400, Apr. 26, 2006, 71 F.R. 25483.
Ex. Ord. No. 13412, Oct. 13, 2006, 71 F.R. 61369.
Syria
Ex. Ord. No. 13338, May 11, 2004, 69 F.R. 26751.
Continuations of national emergency declared by Ex. Ord. No.
13338 were contained in the following:
Notice of President of the United States, dated May 8, 2006, 71
F.R. 27381.
Notice of President of the United States, dated May 5, 2005, 70
F.R. 24697.
Ex. Ord. No. 13399, Apr. 25, 2006, 71 F.R. 25059.
Western Balkans
Ex. Ord. No. 12808, May 30, 1992, 57 F.R. 23299, revoked by Ex. Ord.
No. 13304, May 28, 2003, 68 F.R. 32315.
Continuations of national emergency declared by Ex. Ord. No.
12808 were contained in the following:
Notice of President of the United States, dated May 27, 2002, 67
F.R. 37661.
Notice of President of the United States, dated May 24, 2001, 66
F.R. 29007.
Notice of President of the United States, dated May 25, 2000, 65
F.R. 34379.
Notice of President of the United States, dated May 27, 1999, 64
F.R. 29205.
Notice of President of the United States, dated May 28, 1998, 63
F.R. 29527.
Notice of President of the United States, dated May 28, 1997, 62
F.R. 29283.
Notice of President of the United States, dated May 24, 1996, 61
F.R. 26773.
Determination of President, No. 96-7, Dec. 27, 1995, 61 F.R.
2887.
Notice of President of the United States, dated May 10, 1995, 60
F.R. 25599.
Notice of President of the United States, dated May 25, 1994, 59
F.R. 27429.
Notice of President of the United States, dated May 25, 1993, 58
F.R. 30693.
Ex. Ord. No. 12810, June 5, 1992, 57 F.R. 24347, as amended by Ex.
Ord. No. 12831, Sec. 4, Jan. 15, 1993, 58 F.R. 5253, revoked by Ex. Ord.
No. 13304, May 28, 2003, 68 F.R. 32315.
Ex. Ord. No. 12831, Jan. 15, 1993, 58 F.R. 5253, revoked by Ex. Ord.
No. 13304, May 28, 2003, 68 F.R. 32315.
Ex. Ord. No. 12846, Apr. 25, 1993, 58 F.R. 25771, revoked by Ex.
Ord. No. 13304, May 28, 2003, 68 F.R. 32315.
Ex. Ord. No. 12934, Oct. 25, 1994, 59 F.R. 54117, revoked by Ex.
Ord. No. 13304, May 28, 2003, 68 F.R. 32315.
Ex. Ord. No. 13088, June 9, 1998, 63 F.R. 32109, as amended by Ex.
Ord. No. 13121, Apr. 30, 1999, 64 F.R. 24021, eff. May 1, 1999; Ex. Ord.
No. 13192, Jan. 17, 2001, 66 F.R. 7379, eff. Jan. 19, 2001, revoked by
Ex. Ord. No. 13304, May 28, 2003, 68 F.R. 32315.
Continuations of national emergency declared by Ex. Ord. No.
13088 were contained in the following:
Notice of President of the United States, dated May 27, 2002, 67
F.R. 37661.
Notice of President of the United States, dated May 24, 2001, 66
F.R. 29007.
Notice of President of the United States, dated May 25, 2000, 65
F.R. 34379.
Notice of President of the United States, dated May 27, 1999, 64
F.R. 29205.
Ex. Ord. No. 13219, June 26, 2001, 66 F.R. 34777, as amended by Ex.
Ord. No. 13304, May 28, 2003, 68 F.R. 32315.
Continuations of national emergency declared by Ex. Ord. No.
13219 were contained in the following:
Notice of President of the United States, dated June 22, 2006,
71 F.R. 36183.
Notice of President of the United States, dated June 23, 2005,
70 F.R. 36803.
Notice of President of the United States, dated June 24, 2004,
69 F.R. 36005.
Notice of President of the United States, dated June 20, 2003,
68 F.R. 37389.
Notice of President of the United States, dated June 21, 2002,
67 F.R. 42703.
Ex. Ord. No. 13304, May 28, 2003, 68 F.R. 32315.
Zimbabwe
Ex. Ord. No. 13288, Mar. 6, 2003, 68 F.R. 11457, as amended by Ex.
Ord. No. 13391, Nov. 22, 2005, 70 F.R. 71201.
Continuations of national emergency declared by Ex. Ord. No.
13288 were contained in the following:
Notice of President of the United States, dated Feb. 27, 2006,
71 F.R. 10603.
Notice of President of the United States, dated Mar. 2, 2005, 70
F.R. 10859.
Notice of President of the United States, dated Mar. 2, 2004, 69
F.R. 10313.