TITLE 50 – WAR AND NATIONAL DEFENSE CHAPTER 35 –

-CITE-

50 USC Sec. 1701 01/03/2012 (112-90)

-EXPCITE-

TITLE 50 – WAR AND NATIONAL DEFENSE

CHAPTER 35 – INTERNATIONAL EMERGENCY ECONOMIC POWERS

-HEAD-

Sec. 1701. Unusual and extraordinary threat; declaration of

national emergency; exercise of Presidential authorities

-STATUTE-

(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.

-SOURCE-

(Pub. L. 95-223, title II, Sec. 202, Dec. 28, 1977, 91 Stat. 1626.)

-MISC1-

SHORT TITLE OF 2007 AMENDMENT

Pub. L. 110-96, Sec. 1, Oct. 16, 2007, 121 Stat. 1011, provided

that: “This Act [amending section 1705 of this title and enacting

provisions set out as a note under section 1705 of this title] may

be cited as the ‘International Emergency Economic Powers

Enhancement Act’.”

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.”

SUDAN ACCOUNTABILITY AND DIVESTMENT

Pub. L. 110-174, Dec. 31, 2007, 121 Stat. 2516, as amended by

Pub. L. 111-195, title II, Sec. 205(a), July 1, 2010, 124 Stat.

1344, provided that:

“SECTION 1. SHORT TITLE.

“This Act may be cited as the ‘Sudan Accountability and

Divestment Act of 2007′.

“SEC. 2. DEFINITIONS.

“In this Act:

“(1) Appropriate congressional committees. – The term

‘appropriate congressional committees’ means –

“(A) the Committee on Banking, Housing, and Urban Affairs,

the Committee on Foreign Relations, and the Select Committee on

Intelligence of the Senate; and

“(B) the Committee on Financial Services, the Committee on

Foreign Affairs, and the Permanent Select Committee on

Intelligence of the House of Representatives.

“(2) Business operations. – The term ‘business operations’

means engaging in commerce in any form in Sudan, including by

acquiring, developing, maintaining, owning, selling, possessing,

leasing, or operating equipment, facilities, personnel, products,

services, personal property, real property, or any other

apparatus of business or commerce.

“(3) Executive agency. – The term ‘executive agency’ has the

meaning given the term in section 4 of the Office of Federal

Procurement Policy Act ([former] 41 U.S.C. 403) [see 41 U.S.C.

133].

“(4) Government of sudan. – The term ‘Government of Sudan’ –

“(A) means the government in Khartoum, Sudan, which is led by

the National Congress Party (formerly known as the National

Islamic Front) or any successor government formed on or after

October 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.

“(5) Marginalized populations of sudan. – The term

‘marginalized populations of Sudan’ refers to –

“(A) adversely affected groups in regions authorized to

receive assistance under section 8(c) of the Darfur Peace and

Accountability Act [of 2006] (Public Law 109-344; 50 U.S.C.

1701 note); and

“(B) marginalized areas in Northern Sudan described in

section 4(9) of such Act.

“(6) Military equipment. – The term ‘military equipment’ means –

“(A) weapons, arms, military supplies, and equipment that

readily may be used for military purposes, including radar

systems or military-grade transport vehicles; or

“(B) supplies or services sold or provided directly or

indirectly to any force actively participating in armed

conflict in Sudan.

“(7) Mineral extraction activities. – The term ‘mineral

extraction activities’ means exploring, extracting, processing,

transporting, or wholesale selling or trading of elemental

minerals or associated metal alloys or oxides (ore), including

gold, copper, chromium, chromite, diamonds, iron, iron ore,

silver, tungsten, uranium, and zinc.

“(8) Oil-related activities. –

“(A) In general. – Except as provided in subparagraph (B),

the term ‘oil-related activities’ means –

“(i) exporting, extracting, producing, refining,

processing, exploring for, transporting, selling, or trading

oil; and

“(ii) constructing, maintaining, or operating a pipeline,

refinery, or other oilfield infrastructure.

“(B) Exclusions. – A person shall not be considered to be

involved in an oil-related activity if –

“(i) the person is involved in the retail sale of gasoline

or related consumer products in Sudan but is not involved in

any other activity described in subparagraph (A); or

“(ii) the person is involved in leasing, or owns, rights to

an oil block in Sudan but is not involved in any other

activity described in subparagraph (A).

“(9) Person. – The term ‘person’ means –

“(A) a natural person, corporation, company, business

association, partnership, society, trust, any other

nongovernmental entity, organization, or group;

“(B) any governmental entity or instrumentality of a

government, including a multilateral development institution

(as defined in section 1701(c)(3) of the International

Financial Institutions Act (22 U.S.C. 262r(c)(3))); and

“(C) any successor, subunit, parent company or subsidiary of

any entity described in subparagraph (A) or (B).

“(10) Power production activities. – The term ‘power production

activities’ means any business operation that involves a project

commissioned by the National Electricity Corporation of Sudan or

other similar entity of the Government of Sudan whose purpose is

to facilitate power generation and delivery, including

establishing power-generating plants or hydroelectric dams,

selling or installing components for the project, or providing

service contracts related to the installation or maintenance of

the project.

“(11) State. – The term ‘State’ means each of the several

States, the District of Columbia, the Commonwealth of Puerto

Rico, the United States Virgin Islands, Guam, American Samoa, and

the Commonwealth of the Northern Mariana Islands.

“(12) State or local government. – The term ‘State or local

government’ includes –

“(A) any State and any agency or instrumentality thereof;

“(B) any local government within a State, and any agency or

instrumentality thereof;

“(C) any other governmental instrumentality; and

“(D) any public institution of higher education within the

meaning of the Higher Education Act of 1965 (20 U.S.C. 1001 et

seq.) [and 42 U.S.C. 2751 et seq.].

“SEC. 3. AUTHORITY OF STATE AND LOCAL GOVERNMENTS TO DIVEST FROM

CERTAIN COMPANIES DIRECTLY INVESTED IN CERTAIN SUDANESE

SECTORS.

“(a) Sense of Congress. – It is the sense of Congress that the

United States Government should support the decision of any State

or local government to divest from, or to prohibit the investment

of assets of the State or local government in, a person that the

State or local government determines poses a financial or

reputational risk.

“(b) Authority To Divest. – Notwithstanding any other provision

of law, a State or local government may adopt and enforce measures

that meet the requirements of subsection (e) to divest the assets

of the State or local government from, or prohibit investment of

the assets of the State or local government in, persons that the

State or local government determines, using credible information

available to the public, are conducting or have direct investments

in business operations described in subsection (d).

“(c) Notice to Department of Justice. – Not later than 30 days

after adopting a measure pursuant to subsection (b), a State or

local government shall submit written notice to the Attorney

General describing the measure.

“(d) Business Operations Described. –

“(1) In general. – Business operations described in this

subsection are business operations in Sudan that include power

production activities, mineral extraction activities, oil-related

activities, or the production of military equipment.

“(2) Exceptions. – Business operations described in this

subsection do not include business operations that the person

conducting the business operations can demonstrate –

“(A) are conducted under contract directly and exclusively

with the regional government of southern Sudan;

“(B) are conducted under a license from the Office of Foreign

Assets Control, or are expressly exempted under Federal law

from the requirement to be conducted under such a license;

“(C) consist of providing goods or services to marginalized

populations of Sudan;

“(D) consist of providing goods or services to an

internationally recognized peacekeeping force or humanitarian

organization;

“(E) consist of providing goods or services that are used

only to promote health or education; or

“(F) have been voluntarily suspended.

“(e) Requirements. – Any measure taken by a State or local

government under subsection (b) shall meet the following

requirements:

“(1) Notice. – The State or local government shall provide

written notice and an opportunity to comment in writing to each

person to whom a measure is to be applied.

“(2) Timing. – The measure shall apply to a person not earlier

than the date that is 90 days after the date on which written

notice is provided to the person under paragraph (1).

“(3) Applicability. – The measure shall not apply to a person

that demonstrates to the State or local government that the

person does not conduct or have direct investments in business

operations described in subsection (d).

“(4) Sense of congress on avoiding erroneous targeting. – It is

the sense of Congress that a State or local government should not

adopt a measure under subsection (b) with respect to a person

unless the State or local government has made every effort to

avoid erroneously targeting the person and has verified that the

person conducts or has direct investments in business operations

described in subsection (d).

“(f) Definitions. – In this section:

“(1) Investment. – The ‘investment’ of assets, with respect to

a State or local government, includes –

“(A) a commitment or contribution of assets;

“(B) a loan or other extension of credit of assets; and

“(C) the entry into or renewal of a contract for goods or

services.

“(2) Assets. –

“(A) In general. – Except as provided in subparagraph (B),

the term ‘assets’ refers to public monies and includes any

pension, retirement, annuity, or endowment fund, or similar

instrument, that is controlled by a State or local government.

“(B) Exception. – The term ‘assets’ does not include employee

benefit plans covered by title I of the Employee Retirement

Income Security Act of 1974 (29 U.S.C. 1001 et seq.).

“(g) Nonpreemption. – A measure of a State or local government

authorized under subsection (b) is not preempted by any Federal law

or regulation.

“(h) Effective Date. –

“(1) In general. – Except as provided in paragraph (2), this

section applies to measures adopted by a State or local

government before, on, or after the date of the enactment of this

Act [Dec. 31, 2007].

“(2) Notice requirements. – Subsections (c) and (e) apply to

measures adopted by a State or local government on or after the

date of the enactment of this Act.

“SEC. 4. SAFE HARBOR FOR CHANGES OF INVESTMENT POLICIES BY ASSET

MANAGERS.

“(a) In General. – [Amended section 80a-13 of Title 15, Commerce

and Trade]

“(b) SEC Regulations. – Not later than 120 days after the date of

the enactment of this Act [Dec. 31, 2007], the Securities and

Exchange Commission shall prescribe regulations, in the public

interest and for the protection of investors, to require disclosure

by each registered investment company that divests itself of

securities in accordance with section 13(c) of the Investment

Company Act of 1940 [15 U.S.C. 80a-13(c)]. Such rules shall require

the disclosure to be included in the next periodic report filed

with the Commission under section 30 of such Act (15 U.S.C. 80a-29)

following such divestiture.

“SEC. 5. SENSE OF CONGRESS REGARDING CERTAIN ERISA PLAN

INVESTMENTS.

“It is the sense of Congress that a fiduciary of an employee

benefit plan, as defined in section 3(3) of the Employee Retirement

Income Security Act of 1974 (29 U.S.C. 1002(3)), may divest plan

assets from, or avoid investing plan assets in, any person the

fiduciary determines is conducting or has direct investments in

business operations in Sudan described in section 3(d) of this Act,

without breaching the responsibilities, obligations, or duties

imposed upon the fiduciary by subparagraph (A) or (B) of section

404(a)(1) of the Employee Retirement Income Security Act of 1974

(29 U.S.C. 1104(a)(1)), if –

“(1) the fiduciary makes such determination using credible

information that is available to the public; and

“(2) the fiduciary prudently determines that the result of such

divestment or avoidance of investment would not be expected to

provide the employee benefit plan with –

“(A) a lower rate of return than alternative investments with

commensurate degrees of risk; or

“(B) a higher degree of risk than alternative investments

with commensurate rates of return.

“SEC. 6. PROHIBITION ON UNITED STATES GOVERNMENT CONTRACTS.

“(a) Certification Requirement. – The head of each executive

agency shall ensure that each contract entered into by such

executive agency for the procurement of goods or services includes

a clause that requires the contractor to certify to the contracting

officer that the contractor does not conduct business operations in

Sudan described in section 3(d).

“(b) Remedies. –

“(1) In general. – The head of an executive agency may impose

remedies as provided in this subsection if the head of the

executive agency determines that the contractor has submitted a

false certification under subsection (a) after the date the

Federal Acquisition Regulation is amended under subsection (e) to

implement the requirements of this section.

“(2) Termination. – The head of an executive agency may

terminate a covered contract upon the determination of a false

certification under paragraph (1).

“(3) Suspension and debarment. – The head of an executive

agency may debar or suspend a contractor from eligibility for

Federal contracts upon the determination of a false certification

under paragraph (1). The debarment period may not exceed 3 years.

“(4) Inclusion on list of parties excluded from federal

procurement and nonprocurement programs. – The Administrator of

General Services shall include on the List of Parties Excluded

from Federal Procurement and Nonprocurement Programs maintained

by the Administrator under part 9 of the Federal Acquisition

Regulation issued under section 25 of the Office of Federal

Procurement Policy Act ([former] 41 U.S.C. 421) [see 41 U.S.C.

1303] each contractor that is debarred, suspended, proposed for

debarment or suspension, or declared ineligible by the head of an

executive agency on the basis of a determination of a false

certification under paragraph (1).

“(5) Rule of construction. – This section shall not be

construed to limit the use of other remedies available to the

head of an executive agency or any other official of the Federal

Government on the basis of a determination of a false

certification under paragraph (1).

“(c) Waiver. –

“(1) In general. – The President may waive the requirement of

subsection (a) on a case-by-case basis if the President

determines and certifies in writing to the appropriate

congressional committees that it is in the national interest to

do so.

“(2) Reporting requirement. – Not later than April 15, 2008,

and semi-annually thereafter, the Administrator for Federal

Procurement Policy shall submit to the appropriate congressional

committees a report on waivers granted under paragraph (1).

“(d) Implementation Through the Federal Acquisition Regulation. –

Not later than 120 days after the date of the enactment of this Act

[Dec. 31, 2007], the Federal Acquisition Regulatory Council shall

amend the Federal Acquisition Regulation issued pursuant to section

25 of the Office of Federal Procurement Policy Act ([former] 41

U.S.C. 421) [see 41 U.S.C. 1303] to provide for the implementation

of the requirements of this section.

“(e) Report. – Not later than one year after the date the Federal

Acquisition Regulation is amended under subsection (e) to implement

the requirements of this section, the Administrator of General

Services, with the assistance of other executive agencies, shall

submit to the Office of Management and Budget and the appropriate

congressional committees a report on the actions taken under this

section.

“SEC. 7. SENSE OF CONGRESS ON EFFORTS BY OTHER COUNTRIES.

“It is the sense of Congress that the governments of all other

countries should adopt measures, similar to those contained in this

Act, to publicize the activities of all persons that, through their

financial dealings, knowingly or unknowingly enable the Government

of Sudan to continue to oppress and commit genocide against people

in the Darfur region and other regions of Sudan, and to authorize

divestment from, and the avoidance of further investment in, such

persons.

“SEC. 8. SENSE OF CONGRESS ON PEACEKEEPING EFFORTS IN SUDAN.

“It is the sense of Congress that the President should –

“(1) continue to work with other members of the international

community, including the Permanent Members of the United Nations

Security Council, the African Union, the European Union, the Arab

League, and the Government of Sudan to facilitate the urgent

deployment of a peacekeeping force to Sudan; and

“(2) bring before the United Nations Security Council, and call

for a vote on, a resolution requiring meaningful multilateral

sanctions against the Government of Sudan in response to its acts

of genocide against the people of Darfur and its continued

refusal to allow the implementation of a peacekeeping force in

Sudan.

“SEC. 9. SENSE OF CONGRESS ON THE INTERNATIONAL OBLIGATIONS OF

THE UNITED STATES.

“It is the sense of Congress that nothing in this Act –

“(1) conflicts with the international obligations or

commitments of the United States; or

“(2) affects article VI, clause 2, of the Constitution of the

United States.

“SEC. 10. REPORTS ON SANCTIONS IN SUPPORT OF PEACE IN DARFUR.

“(a) In General. – The Secretary of State and the Secretary of

the Treasury shall submit to the appropriate congressional

committees a report assessing the effectiveness of sanctions

imposed with respect to Sudan at the time the Secretary of State

and the Secretary of the Treasury submits [sic] reports required

under –

“(1) the Sudan Peace Act (Public Law 107-245; 50 U.S.C. 1701

note);

“(2) the Comprehensive Peace in Sudan Act of 2004 (Public Law

108-497; 50 U.S.C. 1701 note); and

“(3) the Darfur Peace and Accountability Act of 2006 (Public

Law 109-344; 50 U.S.C. 1701 note).

“(b) Additional Report by the Secretary of the Treasury. – The

Secretary of the Treasury shall submit to the appropriate

congressional committees a report assessing the effectiveness of

sanctions imposed with respect to Sudan under the International

Emergency Economic Powers Act (50 U.S.C. 1701 et seq.) at the time

the President submits the reports required by section 204(c) of

such Act (50 U.S.C. 1703(c)) with respect to Executive Order 13,067

[13067] (50 U.S.C. 1701 note; relating to blocking property of

persons in connection with the conflict in Sudan’s region of

Darfur).

“(c) Contents. – The reports required by subsections (a) and (b)

shall include –

“(1) a description of each sanction imposed under a law or

executive order described in subsection (a) or (b);

“(2) the name of the person subject to the sanction, if any;

and

“(3) whether or not the person subject to the sanction is also

subject to sanctions imposed by the United Nations.

“SEC. 11. REPEAL OF REPORTING REQUIREMENT.

“Section 6305 of the U.S. Troop Readiness, Veterans’ Care,

Katrina Recovery, and Iraq Accountability Appropriations Act, 2007

(Public Law 110-28; 121 Stat. 172) is repealed.

“SEC. 12. TERMINATION.

“The provisions of sections 3, 4, 5, 6, and 10 shall terminate 30

days after the date on which the President has certified to

Congress that the Government of Sudan has honored its commitments

to –

“(1) abide by United Nations Security Council Resolution 1769

(2007);

“(2) cease attacks on civilians;

“(3) demobilize and demilitarize the Janjaweed and associated

militias;

“(4) grant free and unfettered access for delivery of

humanitarian assistance; and

“(5) allow for the safe and voluntary return of refugees and

internally displaced persons.”

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 [now Committee on Foreign Affairs] 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 [now Committee on Foreign Affairs] 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 [now

Committee on Foreign Affairs] 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 [now

Committee on Foreign Affairs] 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 section 6(a), (b), (f) of Pub. L.

109-344, set out above, assigned to Secretary of State by

Memorandum of President of the United States, Jan. 25, 2007, 72

F.R. 5149.]

[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. 110-286, July 29, 2008, 122 Stat. 2632, provided that:

“SECTION 1. SHORT TITLE.

“This Act may be cited as the ‘Tom Lantos Block Burmese JADE

(Junta’s Anti-Democratic Efforts) Act of 2008′.

“SEC. 2. FINDINGS.

“Congress makes the following findings:

“(1) Beginning on August 19, 2007, hundreds of thousands of

citizens of Burma, including thousands of Buddhist monks and

students, participated in peaceful demonstrations against rapidly

deteriorating living conditions and the violent and repressive

policies of the State Peace and Development Council (SPDC), the

ruling military regime in Burma –

“(A) to demand the release of all political prisoners,

including 1991 Nobel Peace Prize winner Aung San Suu Kyi; and

“(B) to urge the regime to engage in meaningful dialogue to

pursue national reconciliation.

“(2) The Burmese regime responded to these peaceful protests

with a violent crackdown leading to the reported killing of

approximately 200 people, including a Japanese photojournalist,

and hundreds of injuries. Human rights groups further estimate

that over 2,000 individuals have been detained, arrested,

imprisoned, beaten, tortured, or otherwise intimidated as part of

this crackdown. Burmese military, police, and their affiliates in

the Union Solidarity Development Association (USDA) perpetrated

almost all of these abuses. The Burmese regime continues to

detain, torture, and otherwise intimidate those individuals whom

[sic] it believes participated in or led the protests and it has

closed down or otherwise limited access to several monasteries

and temples that played key roles in the peaceful protests.

“(3) The Department of State’s 2006 Country Reports on Human

Rights Practices found that the SPDC –

“(A) routinely restricts freedoms of speech, press, assembly,

association, religion, and movement;

“(B) traffics in persons;

“(C) discriminates against women and ethnic minorities;

“(D) forcibly recruits child soldiers and child labor; and

“(E) commits other serious violations of human rights,

including extrajudicial killings, custodial deaths,

disappearances, rape, torture, abuse of prisoners and

detainees, and the imprisonment of citizens arbitrarily for

political motives.

“(4) Aung San Suu Kyi has been arbitrarily imprisoned or held

under house arrest for more than 12 years.

“(5) In October 2007, President Bush announced a new Executive

Order to tighten economic sanctions against Burma and block

property and travel to the United States by certain senior

leaders of the SPDC, individuals who provide financial backing

for the SPDC, and individuals responsible for human rights

violations and impeding democracy in Burma. Additional names were

added in updates done on October 19, 2007, and February 5, 2008.

However, only 38 discrete individuals and 13 discrete companies

have been designated under those sanctions, once aliases and

companies with similar names were removed. By contrast, the

Australian Government identified more than 400 individuals and

entities subject to its sanctions applied in the wake of the 2007

violence. The European Union’s regulations to implement sanctions

against Burma have identified more than 400 individuals among the

leadership of government, the military, and the USDA, along with

nearly 1300 state and military-run companies potentially subject

to its sanctions.

“(6) The Burmese regime and its supporters finance their

ongoing violations of human rights, undemocratic policies, and

military activities in part through financial transactions,

travel, and trade involving the United States, including the sale

of petroleum products, gemstones and hardwoods.

“(7) In 2006, the Burmese regime earned more than $500 million

from oil and gas projects, over $500 million from sale of

hardwoods, and in excess of $300 million from the sale of rubies

and jade. At least $500 million of the $2.16 billion earned in

2006 from Burma’s two natural gas pipelines, one of which is 28

percent owned by a United States company, went to the Burmese

regime. The regime has earned smaller amounts from oil and gas

exploration and non-operational pipelines but United States

investors are not involved in those transactions. Industry

sources estimate that over $100 million annually in Burmese

rubies and jade enters the United States. Burma’s official

statistics report that Burma exported $500 million in hardwoods

in 2006 but NGOs estimate the true figure to exceed $900 million.

Reliable statistics on the amount of hardwoods imported into the

United States from Burma in the form of finished products are not

available, in part due to widespread illegal logging and

smuggling.

“(8) The SPDC seeks to evade the sanctions imposed in the

Burmese Freedom and Democracy Act of 2003 [Pub. L. 108-61, set

out below]. Millions of dollars in gemstones that are exported

from Burma ultimately enter the United States, but the Burmese

regime attempts to conceal the origin of the gemstones in an

effort to evade sanctions. For example, according to gem industry

experts, over 90 percent of the world’s ruby supply originates in

Burma but only 3 percent of the rubies entering the United States

are claimed to be of Burmese origin. The value of Burmese

gemstones is predominantly based on their original quality and

geological origin, rather than the labor involved in cutting and

polishing the gemstones.

“(9) According to hardwood industry experts, Burma is home to

approximately 60 percent of the world’s native teak reserves.

More than 1/4 of the world’s internationally traded teak

originates from Burma, and hardwood sales, mainly of teak,

represent more than 11 percent of Burma’s official foreign

exchange earnings.

“(10) The SPDC owns a majority stake in virtually all

enterprises responsible for the extraction and trade of Burmese

natural resources, including all mining operations, the Myanmar

Timber Enterprise, the Myanmar Gems Enterprise, the Myanmar Pearl

Enterprise, and the Myanmar Oil and Gas Enterprise. Virtually all

profits from these enterprises enrich the SPDC.

“(11) On October 11, 2007, the United Nations Security Council,

with the consent of the People’s Republic of China, issued a

statement condemning the violence in Burma, urging the release of

all political prisoners, and calling on the SPDC to enter into a

United Nations-mediated dialogue with its political opposition.

“(12) The United Nations special envoy Ibrahim Gambari traveled

to Burma from September 29, 2007, through October 2, 2007,

holding meetings with SPDC leader General Than Shwe and democracy

advocate Aung San Suu Kyi in an effort to promote dialogue

between the SPDC and democracy advocates.

“(13) The leaders of the SPDC will have a greater incentive to

cooperate with diplomatic efforts by the United Nations, the

Association of Southeast Asian Nations, and the People’s Republic

of China if they come under targeted economic pressure that

denies them access to personal wealth and sources of revenue.

“(14) On the night of May 2, 2008, through the morning of May

3, 2008, tropical cyclone Nargis struck the coast of Burma,

resulting in the deaths of tens of thousands of Burmese.

“(15) The response to the cyclone by Burma’s military leaders

illustrates their fundamental lack of concern for the welfare of

the Burmese people. The regime did little to warn citizens of the

cyclone, did not provide adequate humanitarian assistance to

address basic needs and prevent loss of life, and continues to

fail to provide life-protecting and life-sustaining services to

its people.

“(16) The international community responded immediately to the

cyclone and attempted to provide humanitarian assistance. More

than 30 disaster assessment teams from 18 different nations and

the United Nations arrived in the region, but the Burmese regime

denied them permission to enter the country. Eventually visas

were granted to aid workers, but the regime continues to severely

limit their ability to provide assistance in the affected areas.

“(17) Despite the devastation caused by Cyclone Nargis, the

junta went ahead with its referendum on a constitution drafted by

an illegitimate assembly, conducting voting in unaffected areas

on May 10, 2008, and in portions of the affected Irrawaddy region

and Rangoon on May 26, 2008.

“SEC. 3. DEFINITIONS.

“In this Act:

“(1) Account; correspondent account; payable-through account. –

The terms ‘account’, ‘correspondent account’, and ‘payable-

through account’ have the meanings given the terms in section

5318A(e)(1) of title 31, United States Code.

“(2) Appropriate congressional committees. – The term

‘appropriate congressional committees’ means –

“(A) the Committee on Foreign Relations of the Senate;

“(B) the Committee on Finance of the Senate;

“(C) the Committee on Foreign Affairs of the House of

Representatives; and

“(D) the Committee on Ways and Means of the House of

Representatives.

“(3) ASEAN. – The term ‘ASEAN’ means the Association of

Southeast Asian Nations.

“(4) Person. – The term ‘person’ means –

“(A) an individual, corporation, company, business

association, partnership, society, trust, any other

nongovernmental entity, organization, or group; and

“(B) any successor, subunit, or subsidiary of any person

described in subparagraph (A).

“(5) SPDC. – The term ‘SPDC’ means the State Peace and

Development Council, the ruling military regime in Burma.

“(6) United states person. – The term ‘United States person’

means any United States citizen, permanent resident alien,

juridical person organized under the laws of the United States

(including foreign branches), or any person in the United States.

“SEC. 4. STATEMENT OF POLICY.

“It is the policy of the United States to –

“(1) condemn the continued repression carried out by the SPDC;

“(2) work with the international community, especially the

People’s Republic of China, India, Thailand, and ASEAN, to foster

support for the legitimate democratic aspirations of the people

of Burma and to coordinate efforts to impose sanctions on those

directly responsible for human rights abuses in Burma;

“(3) provide all appropriate support and assistance to aid a

peaceful transition to constitutional democracy in Burma;

“(4) support international efforts to alleviate the suffering

of Burmese refugees and address the urgent humanitarian needs of

the Burmese people; and

“(5) identify individuals responsible for the repression of

peaceful political activity in Burma and hold them accountable

for their actions.

“SEC. 5. SANCTIONS.

“(a) Visa Ban. –

“(1) In general. – The following persons shall be ineligible

for a visa to travel to the United States:

“(A) Former and present leaders of the SPDC, the Burmese

military, or the USDA.

“(B) Officials of the SPDC, the Burmese military, or the USDA

involved in the repression of peaceful political activity or in

other gross violations of human rights in Burma or in the

commission of other human rights abuses, including any current

or former officials of the security services and judicial

institutions of the SPDC.

“(C) Any other Burmese persons who provide substantial

economic and political support for the SPDC, the Burmese

military, or the USDA.

“(D) The immediate family members of any person described in

subparagraphs (A) through (C).

“(2) Waiver. – The President may waive the visa ban described

in paragraph (1) only if the President determines and certifies

in writing to Congress that travel by the person seeking such a

waiver is in the national interests of the United States.

“(3) Rule of construction. – Nothing in this subsection shall

be construed to conflict with the provisions of section 694 of

the Consolidated Appropriations Act, 2008 (Public Law 110-161)

[121 Stat. 2366], nor shall this subsection be construed to make

ineligible for a visa members of ethnic groups in Burma now or

previously opposed to the regime who were forced to provide labor

or other support to the Burmese military and who are otherwise

eligible for admission into the United States.

“(b) Financial Sanctions. –

“(1) Blocked property. – No property or interest in property

belonging to a person described in subsection (a)(1) may be

transferred, paid, exported, withdrawn, or otherwise dealt with

if –

“(A) the property is located in the United States or within

the possession or control of a United States person, including

the overseas branch of a United States person; or

“(B) the property comes into the possession or control of a

United States person after the date of the enactment of this

Act [July 29, 2008].

“(2) Financial transactions. – Except with respect to

transactions authorized under Executive Orders 13047 (May 20,

1997) and 13310 (July 28, 2003) [listed in a table below], no

United States person may engage in a financial transaction with

the SPDC or with a person described in subsection (a)(1).

“(3) Prohibited activities. – Activities prohibited by reason

of the blocking of property and financial transactions under this

subsection shall include the following:

“(A) Payments or transfers of any property, or any

transactions involving the transfer of anything of economic

value by any United States person, including any United States

financial institution and any branch or office of such

financial institution that is located outside the United

States, to the SPDC or to an individual described in subsection

(a)(1).

“(B) The export or reexport directly or indirectly, of any

goods, technology, or services by a United States person to the

SPDC, to an individual described in subsection (a)(1) or to any

entity owned, controlled, or operated by the SPDC or by an

individual described in such subsection.

“(c) Authority for Additional Banking Sanctions. –

“(1) In general. – The Secretary of the Treasury, in

consultation with the Secretary of State, the Attorney General of

the United States, and the Chairman of the Board of Governors of

the Federal Reserve System, may prohibit or impose conditions on

the opening or maintaining in the United States of a

correspondent account or payable-through account by any financial

institution (as that term is defined in section 5312 of title 31,

United States Code) or financial agency that is organized under

the laws of a State, territory, or possession of the United

States, for or on behalf of a foreign banking institution, if the

Secretary determines that the account might be used –

“(A) by a foreign banking institution that holds property or

an interest in property belonging to the SPDC or a person

described in subsection (a)(1); or

“(B) to conduct a transaction on behalf of the SPDC or a

person described in subsection (a)(1).

“(2) Authority to define terms. – The Secretary of the Treasury

may, by regulation, further define the terms used in paragraph

(1) for purposes of this section, as the Secretary considers

appropriate.

“(d) List of Sanctioned Officials. –

“(1) In general. – Not later than 120 days after the date of

the enactment of this Act [July 29, 2008], the President shall

transmit to the appropriate congressional committees a list of –

“(A) former and present leaders of the SPDC, the Burmese

military, and the USDA;

“(B) officials of the SPDC, the Burmese military, or the USDA

involved in the repression of peaceful political activity in

Burma or in the commission of other human rights abuses,

including any current or former officials of the security

services and judicial institutions of the SPDC;

“(C) any other Burmese persons or entities who provide

substantial economic and political support for the SPDC, the

Burmese military, or the USDA; and

“(D) the immediate family members of any person described in

subparagraphs (A) through (C) whom [sic] the President

determines effectively controls property in the United States

or has benefitted from a financial transaction with any United

States person.

“(2) Consideration of other data. – In preparing the list

required under paragraph (1), the President shall consider the

data already obtained by other countries and entities that apply

sanctions against Burma, such as the Australian Government and

the European Union.

“(3) Updates. – The President shall transmit to the appropriate

congressional committees updated lists of the persons described

in paragraph (1) as new information becomes available.

“(4) Identification of information. – The Secretary of State

and the Secretary of the Treasury shall devote sufficient

resources to the identification of information concerning

potential persons to be sanctioned to carry out the purposes

described in this Act.

“(e) Rule of Construction. – Nothing in this section may be

construed to prohibit any contract or other financial transaction

with any nongovernmental humanitarian organization in Burma.

“(f) Exceptions. –

“(1) In general. – The prohibitions and restrictions described

in subsections (b) and (c) shall not apply to medicine, medical

equipment or supplies, food or feed, or any other form of

humanitarian assistance provided to Burma.

“(2) Regulatory exceptions. – For the following purposes, the

Secretary of State may, by regulation, authorize exceptions to

the prohibition and restrictions described in subsection (a), and

the Secretary of the Treasury may, by regulation, authorize

exceptions to the prohibitions and restrictions described in

subsections (b) and (c) –

“(A) to permit the United States and Burma to operate their

diplomatic missions, and to permit the United States to conduct

other official United States Government business in Burma;

“(B) to permit United States citizens to visit Burma; and

“(C) to permit the United States to comply with the United

Nations Headquarters Agreement and other applicable

international agreements.

“(g) Penalties. – Any person who violates any prohibition or

restriction imposed pursuant to subsection (b) or (c) shall be

subject to the penalties under section 6 [probably means section

206] of the International Emergency Economic Powers Act (50 U.S.C.

1705) to the same extent as for a violation under that Act [50

U.S.C. 1701 et seq.].

“(h) Termination of Sanctions. – The sanctions imposed under

subsection (a), (b), or (c) shall apply until the President

determines and certifies to the appropriate congressional

committees that the SPDC has –

“(1) unconditionally released all political prisoners,

including Aung San Suu Kyi and other members of the National

League for Democracy;

“(2) entered into a substantive dialogue with democratic forces

led by the National League for Democracy and the ethnic

minorities of Burma on transitioning to democratic government

under the rule of law; and

“(3) allowed humanitarian access to populations affected by

armed conflict in all regions of Burma.

“(i) Waiver. – The President may waive the sanctions described in

subsections (b) and (c) if the President determines and certifies

to the appropriate congressional committees that such waiver is in

the national interest of the United States.

“SEC. 6. AMENDMENTS TO THE BURMESE FREEDOM AND DEMOCRACY ACT OF

2003.

“(a) In General. – [Amended Pub. L. 108-61, set out below.]

“(b) Duration of Sanctions. –

“(1) Continuation of import sanctions. – [Amended Pub. L. 108-

61, set out below.]

“(2) Renewal resolutions. – [Amended Pub. L. 108-61, set out

below.]

“(3) Effective date. –

“(A) In general. – The amendments made by this subsection

take effect on the day after the date of the enactment of 5th

[sic] renewal resolution enacted into law after the date of the

enactment of the Burmese Freedom and Democracy Act of 2003

[July 28, 2003], or the date of the enactment of this Act [July

29, 2008], whichever occurs later.

“(B) Renewal resolution defined. – In this paragraph, the

term ‘renewal resolution’ means a renewal resolution described

in section 9(c) of the Burmese Freedom and Democracy Act of

2003 [Pub. L. 108-61, set out below] that is enacted into law

in accordance with such section.

“(c) Conforming Amendment. – [Amended Pub. L. 108-61, set out

below.]

“SEC. 7. SPECIAL REPRESENTATIVE AND POLICY COORDINATOR FOR BURMA.

“(a) United States Special Representative and Policy Coordinator

for Burma. – The President shall appoint a Special Representative

and Policy Coordinator for Burma, by and with the advice and

consent of the Senate.

“(b) Rank. – The Special Representative and Policy Coordinator

for Burma appointed under subsection (a) shall have the rank of

ambassador and shall hold the office at the pleasure of the

President. Except for the position of United States Ambassador to

the Association of Southeast Asian Nations, the Special

Representative and Policy Coordinator may not simultaneously hold a

separate position within the executive branch, including the

Assistant Secretary of State, the Deputy Assistant Secretary of

State, the United States Ambassador to Burma, or the Charge

d’affairs to Burma.

“(c) Duties and Responsibilities. – The Special Representative

and Policy Coordinator for Burma shall –

“(1) promote a comprehensive international effort, including

multilateral sanctions, direct dialogue with the SPDC and

democracy advocates, and support for nongovernmental

organizations operating in Burma and neighboring countries,

designed to restore civilian democratic rule to Burma and address

the urgent humanitarian needs of the Burmese people;

“(2) consult broadly, including with the Governments of the

People’s Republic of China, India, Thailand, and Japan, and the

member states of ASEAN and the European Union to coordinate

policies toward Burma;

“(3) assist efforts by the United Nations Special Envoy to

secure the release of all political prisoners in Burma and to

promote dialogue between the SPDC and leaders of Burma’s

democracy movement, including Aung San Suu Kyi;

“(4) consult with Congress on policies relevant to Burma and

the future and welfare of all the Burmese people, including

refugees; and

“(5) coordinate the imposition of Burma sanctions within the

United States Government and with the relevant international

financial institutions.

“SEC. 8. SUPPORT FOR CONSTITUTIONAL DEMOCRACY IN BURMA.

“(a) In General. – The President is authorized to assist Burmese

democracy activists who are dedicated to nonviolent opposition to

the SPDC in their efforts to promote freedom, democracy, and human

rights in Burma.

“(b) Authorization of Appropriations. – There are authorized to

be appropriated $5,000,000 to the Secretary of State for fiscal

year 2008 to –

“(1) provide aid to democracy activists in Burma;

“(2) provide aid to individuals and groups conducting democracy

programming outside of Burma targeted at a peaceful transition to

constitutional democracy inside Burma; and

“(3) expand radio and television broadcasting into Burma.

“SEC. 9. SUPPORT FOR NONGOVERNMENTAL ORGANIZATIONS ADDRESSING THE

HUMANITARIAN NEEDS OF THE BURMESE PEOPLE.

“(a) Sense of Congress. – It is the sense of Congress that the

international community should increase support for nongovernmental

organizations attempting to meet the urgent humanitarian needs of

the Burmese people.

“(b) Licenses for Humanitarian or Religious Activities in Burma. –

[Amended Pub. L. 108-61, set out below.]

“(c) Authorization of Appropriations. –

“(1) In general. – Notwithstanding any other provision of law,

there are authorized to be appropriated $11,000,000 to the

Secretary of State for fiscal year 2008 to support operations by

nongovernmental organizations, subject to paragraph (2), designed

to address the humanitarian needs of the Burmese people inside

Burma and in refugee camps in neighboring countries.

“(2) Limitation. –

“(A) In general. – Except as provided under subparagraph (B),

amounts appropriated pursuant to paragraph (1) may not be

provided to –

“(i) SPDC-controlled entities;

“(ii) entities run by members of the SPDC or their

families; or

“(iii) entities providing cash or resources to the SPDC,

including organizations affiliated with the United Nations.

“(B) Waiver. – The President may waive the funding

restriction described in subparagraph (A) if –

“(i) the President determines and certifies to the

appropriate congressional committees that such waiver is in

the national interests of the United States;

“(ii) a description of the national interests need for the

waiver is submitted to the appropriate congressional

committees; and

“(iii) the description submitted under clause (ii) is

posted on a publicly accessible Internet Web site of the

Department of State.

“SEC. 10. REPORT ON MILITARY AND INTELLIGENCE AID TO BURMA.

“(a) In General. – Not later than 180 days after the date of the

enactment of this Act [July 29, 2008] and annually thereafter, the

Secretary of State shall submit to the Committee on Foreign Affairs

of the House of Representatives and the Committee on Foreign

Relations of the Senate a report containing a list of countries,

companies, and other entities that provide military or intelligence

aid to the SPDC and describing such military or intelligence aid

provided by each such country, company, and other entity.

“(b) Military or Intelligence Aid Defined. – For the purpose of

this section, the term ‘military or intelligence aid’ means, with

respect to the SPDC –

“(1) the provision of weapons, weapons parts, military

vehicles, or military aircraft;

“(2) the provision of military or intelligence training,

including advice and assistance on subject matter expert

exchanges;

“(3) the provision of weapons of mass destruction and related

materials, capabilities, and technology, including nuclear,

chemical, or dual-use capabilities;

“(4) conducting joint military exercises;

“(5) the provision of naval support, including ship development

and naval construction;

“(6) the provision of technical support, including computer and

software development and installations, networks, and

infrastructure development and construction; or

“(7) the construction or expansion of airfields, including

radar and anti-aircraft systems.

“(c) Form. – The report required under subsection (a) shall be

submitted in unclassified form but may include a classified annex

and the unclassified form shall be placed on the Department of

State’s website.

“SEC. 11. SENSE OF CONGRESS ON INTERNATIONAL ARMS SALES TO BURMA.

“It is the sense of Congress that the United States should lead

efforts in the United Nations Security Council to impose a

mandatory international arms embargo on Burma, curtailing all sales

of weapons, ammunition, military vehicles, and military aircraft to

Burma until the SPDC releases all political prisoners, restores

constitutional rule, takes steps toward inclusion of ethnic

minorities in political reconciliation efforts, and holds free and

fair elections to establish a new government.

“SEC. 12. REDUCTION OF SPDC REVENUE FROM TIMBER.

“(a) Report. – Not later than one year after the date of the

enactment of this Act [July 29, 2008] and annually thereafter, the

Secretary of State, in consultation with the Secretary of Commerce,

and other Federal officials, as appropriate, shall submit to the

appropriate congressional committees a report on Burma’s timber

trade containing information on the following:

“(1) Products entering the United States made in whole or in

part of wood grown and harvested in Burma, including measurements

of annual value and volume and considering both legal and illegal

timber trade.

“(2) Statistics about Burma’s timber trade, including raw wood

and wood products, in aggregate and broken down by country and

timber species, including measurements of value and volume and

considering both legal and illegal timber trade.

“(3) A description of the chains of custody of products

described in paragraph (1), including direct trade streams from

Burma to the United States and via manufacturing or transshipment

in third countries.

“(4) Illegalities, abuses, or corruption in the Burmese timber

sector.

“(5) A description of all common consumer and commercial

applications unique to Burmese hardwoods, including the furniture

and marine manufacturing industries.

“(b) Recommendations. – The report required under subsection (a)

shall include recommendations on the following:

“(1) Alternatives to Burmese hardwoods for the commercial

applications described in paragraph (5) of subsection (a),

including alternative species of timber that could provide the

same applications.

“(2) Strategies for encouraging sustainable management of

timber in locations with potential climate, soil, and other

conditions to compete with Burmese hardwoods for the consumer and

commercial applications described in paragraph (5) of subsection

(a).

“(3) The appropriate United States and international customs

documents and declarations that would need to be kept and

compiled in order to establish the chain of custody concerning

products described in paragraphs (1) and (3) of subsection (a).

“(4) Strategies for strengthening the capacity of Burmese civil

society, including Burmese society in exile, to monitor and

report on the SPDC’s trade in timber and other extractive

industries so that Burmese natural resources can be used to

benefit the majority of Burma’s population.

“SEC. 13. REPORT ON FINANCIAL ASSETS HELD BY MEMBERS OF THE SPDC.

“(a) In General. – Not later than 180 days after the date of the

enactment of this Act [July 29, 2008] and annually thereafter, the

Secretary of the Treasury, in consultation with the Secretary of

State, shall submit to the Committee on Foreign Affairs of the

House of Representatives, the Committee on Ways and Means of the

House of the [sic] Representatives, the Committee on Foreign

Relations of the Senate, and the Committee on Finance of the Senate

a report containing a list of all countries and foreign banking

institutions that hold assets on behalf of senior Burmese

officials.

“(b) Definitions. – For the purpose of this section:

“(1) Senior burmese officials. – The term ‘senior Burmese

officials’ shall mean individuals covered under section 5(d)(1)

of this Act.

“(2) Other terms. – Other terms shall be defined under the

authority of and consistent with section 5(c)(2) of this Act.

“(c) Form. – The report required under subsection (a) shall be

submitted in unclassified form but may include a classified annex.

The report shall also be posted on the Department of Treasury’s

website not later than 30 days of the submission to Congress of the

report. To the extent possible, the report shall include the names

of the senior Burmese officials and the approximate value of their

holdings in the respective foreign banking institutions and any

other pertinent information.

“SEC. 14. UNOCAL PLAINTIFFS.

“(a) Sense of Congress. – It is the Sense of Congress that the

United States should work with the Royal Thai Government to ensure

the safety in Thailand of the 15 plaintiffs in the Doe v. Unocal

case, and should consider granting refugee status or humanitarian

parole to these plaintiffs to enter the United States consistent

with existing United States law.

“(b) Report. – Not later than 90 days after the date of the

enactment of this Act [July 29, 2008], the President shall submit

to the appropriate Congressional committees a report on the status

of the Doe vs. Unocal plaintiffs and whether the plaintiffs have

been granted refugee status or humanitarian parole.

“SEC. 15. SENSE OF CONGRESS WITH RESPECT TO INVESTMENTS IN

BURMA’S OIL AND GAS INDUSTRY.

“(a) Findings and Declarations. – Congress finds the following:

“(1) Currently United States, French, and Thai investors are

engaged in the production and delivery of natural gas in the

pipeline from the Yadana and Sein fields (Yadana pipeline) in the

Andaman Sea, an enterprise which falls under the jurisdiction of

the Burmese Government, and United States investment by Chevron

represents approximately a 28 percent nonoperated, working

interest in that pipeline.

“(2) The Congressional Research Service estimates that the

Yadana pipeline provides at least $500,000,000 in annual revenue

for the Burmese Government.

“(3) The natural gas that transits the Yadana pipeline is

delivered primarily to Thailand, representing about 20 percent of

Thailand’s total gas supply.

“(4) The executive branch has in the past exempted investment

in the Yadana pipeline from the sanctions regime against the

Burmese Government.

“(5) Congress believes that United States companies ought to be

held to a high standard of conduct overseas and should avoid as

much as possible acting in a manner that supports repressive

regimes such as the Burmese Government.

“(6) Congress recognizes the important symbolic value that

divestment of United States holdings in Burma would have on the

international sanctions effort, demonstrating that the United

States will continue to lead by example.

“(b) Statement of Policy. –

“(1) Congress urges Yadana investors to consider voluntary

divestment over time if the Burmese Government fails to take

meaningful steps to release political prisoners, restore civilian

constitutional rule and promote national reconciliation.

“(2) Congress will remain concerned with the matter of

continued investment in the Yadana pipeline in the years ahead.

“(3) Congress urges the executive branch to work with all firms

invested in Burma’s oil and gas sector to use their influence to

promote the peaceful transition to civilian democratic rule in

Burma.

“(c) Sense of Congress. – It is the sense of Congress that so

long as Yadana investors remain invested in Burma, such investors

should –

“(1) communicate to the Burmese Government, military and

business officials, at the highest levels, concern about the lack

of genuine consultation between the Burmese Government and its

people, the failure of the Burmese Government to use its natural

resources to benefit the Burmese people, and the military’s use

of forced labor;

“(2) publicly disclose and deal with in a transparent manner,

consistent with legal obligations, its role in any ongoing

investment in Burma, including its financial involvement in any

joint production agreement or other joint ventures and the amount

of their direct or indirect support of the Burmese Government;

and

“(3) work with project partners to ensure that forced labor is

not used to construct, maintain, support, or defend the project

facilities, including pipelines, offices, or other facilities.”

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; Pub. L. 110-286,

Secs. 6(a)-(b)(2), (c), 9(b), July 29, 2008, 122 Stat. 2638, 2642-

2644; Pub. L. 111-42, title I, Sec. 101, July 28, 2009, 123 Stat.

1963, 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 [now Foreign

Affairs] and Appropriations of the House of Representatives.

“(b) Waiver Authorities. – The President may waive the

restrictions described in this section or section 3A(b)(1) or

(c)(1) for any or all articles that are subject to such

restrictions if the President determines and notifies the

Committees on Appropriations, Finance, and Foreign Relations of the

Senate and the Committees on Appropriations, International

Relations [now Foreign Affairs], and Ways and Means of the House of

Representatives that to do so is in the national interest of the

United States.

“SEC. 3A. PROHIBITION ON IMPORTATION OF JADEITE AND RUBIES FROM

BURMA AND ARTICLES OF JEWELRY CONTAINING JADEITE OR RUBIES FROM

BURMA.

“(a) Definitions. – In this section:

“(1) Appropriate congressional committees. – The term

‘appropriate congressional committees’ means –

“(A) the Committee on Ways and Means and the Committee on

Foreign Affairs of the House of Representatives; and

“(B) the Committee on Finance and the Committee on Foreign

Relations of the Senate.

“(2) Burmese covered article. – The term ‘Burmese covered

article’ means –

“(A) jadeite mined or extracted from Burma;

“(B) rubies mined or extracted from Burma; or

“(C) articles of jewelry containing jadeite described in

subparagraph (A) or rubies described in subparagraph (B).

“(3) Non-burmese covered article. – The term ‘non-Burmese

covered article’ means –

“(A) jadeite mined or extracted from a country other than

Burma;

“(B) rubies mined or extracted from a country other than

Burma; or

“(C) articles of jewelry containing jadeite described in

subparagraph (A) or rubies described in subparagraph (B).

“(4) Jadeite; rubies; articles of jewelry containing jadeite or

rubies. –

“(A) Jadeite. – The term ‘jadeite’ means any jadeite

classifiable under heading 7103 of the Harmonized Tariff

Schedule of the United States (in this paragraph referred to as

the ‘HTS’) [see Publication of Harmonized Tariff Schedule note

set out under section 1202 of Title 19, Customs Duties].

“(B) Rubies. – The term ‘rubies’ means any rubies

classifiable under heading 7103 of the HTS.

“(C) Articles of jewelry containing jadeite or rubies. – The

term ‘articles of jewelry containing jadeite or rubies’ means –

“(i) any article of jewelry classifiable under heading 7113

of the HTS that contains jadeite or rubies; or

“(ii) any article of jadeite or rubies classifiable under

heading 7116 of the HTS.

“(5) United states. – The term ‘United States’, when used in

the geographic sense, means the several States, the District of

Columbia, and any commonwealth, territory, or possession of the

United States.

“(b) Prohibition on Importation of Burmese Covered Articles. –

“(1) In general. – Notwithstanding any other provision of law,

until such time as the President determines and certifies to the

appropriate congressional committees that Burma has met the

conditions described in section 3(a)(3), beginning 60 days after

the date of the enactment of the Tom Lantos Block Burmese JADE

(Junta’s Anti-Democratic Efforts) Act of 2008 [July 29, 2008],

the President shall prohibit the importation into the United

States of any Burmese covered article.

“(2) Regulatory authority. – The President is authorized to,

and shall as necessary, issue such proclamations, regulations,

licenses, and orders, and conduct such investigations, as may be

necessary to implement the prohibition under paragraph (1).

“(3) Other actions. – Beginning on the date of the enactment of

this Act [July 28, 2003], the President shall take all

appropriate actions to seek the following:

“(A) The issuance of a draft waiver decision by the Council

for Trade in Goods of the World Trade Organization granting a

waiver of the applicable obligations of the United States under

the World Trade Organization with respect to the provisions of

this section and any measures taken to implement this section.

“(B) The adoption of a resolution by the United Nations

General Assembly expressing the need to address trade in

Burmese covered articles and calling for the creation and

implementation of a workable certification scheme for non-

Burmese covered articles to prevent the trade in Burmese

covered articles.

“(c) Requirements for Importation of Non-Burmese Covered

Articles. –

“(1) In general. – Except as provided in paragraph (2), until

such time as the President determines and certifies to the

appropriate congressional committees that Burma has met the

conditions described in section 3(a)(3), beginning 60 days after

the date of the enactment of the Tom Lantos Block Burmese JADE

(Junta’s Anti-Democratic Efforts) Act of 2008 [July 29, 2008],

the President shall require as a condition for the importation

into the United States of any non-Burmese covered article that –

“(A) the exporter of the non-Burmese covered article has

implemented measures that have substantially the same effect

and achieve the same goals as the measures described in clauses

(i) through (iv) of paragraph (2)(B) (or their functional

equivalent) to prevent the trade in Burmese covered articles;

and

“(B) the importer of the non-Burmese covered article agrees –

“(i) to maintain a full record of, in the form of reports

or otherwise, complete information relating to any act or

transaction related to the purchase, manufacture, or shipment

of the non-Burmese covered article for a period of not less

than 5 years from the date of entry of the non-Burmese

covered article; and

“(ii) to provide the information described in clause (i)

within the custody or control of such person to the relevant

United States authorities upon request.

“(2) Exception. –

“(A) In general. – The President may waive the requirements

of paragraph (1) with respect to the importation of non-Burmese

covered articles from any country with respect to which the

President determines and certifies to the appropriate

congressional committees has implemented the measures described

in subparagraph (B) (or their functional equivalent) to prevent

the trade in Burmese covered articles.

“(B) Measures described. – The measures referred to in

subparagraph (A) are the following:

“(i) With respect to exportation from the country of

jadeite or rubies in rough form, a system of verifiable

controls on the jadeite or rubies from mine to exportation

demonstrating that the jadeite or rubies were not mined or

extracted from Burma, and accompanied by officially-validated

documentation certifying the country from which the jadeite

or rubies were mined or extracted, total carat weight, and

value of the jadeite or rubies.

“(ii) With respect to exportation from the country of

finished jadeite or polished rubies, a system of verifiable

controls on the jadeite or rubies from mine to the place of

final finishing of the jadeite or rubies demonstrating that

the jadeite or rubies were not mined or extracted from Burma,

and accompanied by officially-validated documentation

certifying the country from which the jadeite or rubies were

mined or extracted.

“(iii) With respect to exportation from the country of

articles of jewelry containing jadeite or rubies, a system of

verifiable controls on the jadeite or rubies from mine to the

place of final finishing of the article of jewelry containing

jadeite or rubies demonstrating that the jadeite or rubies

were not mined or extracted from Burma, and accompanied by

officially-validated documentation certifying the country

from which the jadeite or rubies were mined or extracted.

“(iv) Verifiable recordkeeping by all entities and

individuals engaged in mining, importation, and exportation

of non-Burmese covered articles in the country, and subject

to inspection and verification by authorized authorities of

the government of the country in accordance with applicable

law.

“(v) Implementation by the government of the country of

proportionate and dissuasive penalties against any persons

who violate laws and regulations designed to prevent trade in

Burmese covered articles.

“(vi) Full cooperation by the country with the United

Nations or other official international organizations that

seek to prevent trade in Burmese covered articles.

“(3) Regulatory authority. – The President is authorized to,

and shall as necessary, issue such proclamations, regulations,

licenses, and orders and conduct such investigations, as may be

necessary to implement the provisions under paragraphs (1) and

(2).

“(d) Inapplicability. –

“(1) In general. – The requirements of subsection (b)(1) and

subsection (c)(1) shall not apply to Burmese covered articles and

non-Burmese covered articles, respectively, that were previously

exported from the United States, including those that accompanied

an individual outside the United States for personal use, if they

are reimported into the United States by the same person, without

having been advanced in value or improved in condition by any

process or other means while outside the United States.

“(2) Additional provision. – The requirements of subsection

(c)(1) shall not apply with respect to the importation of non-

Burmese covered articles that are imported by or on behalf of an

individual for personal use and accompanying an individual upon

entry into the United States.

“(e) Enforcement. – Burmese covered articles or non-Burmese

covered articles that are imported into the United States in

violation of any prohibition of this Act or any other provision law

[sic] shall be subject to all applicable seizure and forfeiture

laws and criminal and civil laws of the United States to the same

extent as any other violation of the customs laws of the United

States.

“(f) Sense of Congress. –

“(1) In general. – It is the sense of Congress that the

President should take the necessary steps to seek to negotiate an

international arrangement – similar to the Kimberley Process

Certification Scheme for conflict diamonds – to prevent the trade

in Burmese covered articles. Such an international arrangement

should create an effective global system of controls and should

contain the measures described in subsection (c)(2)(B) (or their

functional equivalent).

“(2) Kimberley process certification scheme defined. – In

paragraph (1), the term ‘Kimberley Process Certification Scheme’

has the meaning given the term in section 3(6) of the Clean

Diamond Trade Act (Public Law 108-19; 19 U.S.C. 3902(6)).

“(g) Report. –

“(1) In general. – Not later than 180 days after the date of

the enactment of the Tom Lantos Block Burmese JADE (Junta’s Anti-

Democratic Efforts) Act of 2008 [July 29, 2008], the President

shall transmit to the appropriate congressional committees a

report describing what actions the United States has taken during

the 60-day period beginning on the date of the enactment of such

Act to seek –

“(A) the issuance of a draft waiver decision by the Council

for Trade in Goods of the World Trade Organization, as

specified in subsection (b)(3)(A);

“(B) the adoption of a resolution by the United Nations

General Assembly, as specified in subsection (b)(3)(B); and

“(C) the negotiation of an international arrangement, as

specified in subsection (f)(1).

“(2) Update. – The President shall make continued efforts to

seek the items specified in subparagraphs (A), (B), and (C) of

paragraph (1) and shall promptly update the appropriate

congressional committees on subsequent developments with respect

to these efforts.

“(h) GAO Report. – Not later than 14 months after the date of the

enactment of the Tom Lantos Block Burmese JADE (Junta’s Anti-

Democratic Efforts) Act of 2008 [July 29, 2008], the Comptroller

General of the United States shall submit to the appropriate

congressional committees a report on the effectiveness of the

implementation of this section. The Comptroller General shall

include in the report any recommendations for improving the

administration of this Act.

“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.

“(a) Opposition to Assistance to Burma. – 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.

“(b) Licenses for Humanitarian or Religious Activities in Burma. –

Notwithstanding any other provision of law, the Secretary of the

Treasury is authorized to issue multi-year licenses for

humanitarian or religious activities in Burma.

“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 [now Foreign Affairs] 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 [now Foreign Affairs] 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 [now

Foreign Affairs], 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 nine years from the date

of the enactment of this Act [July 28, 2003].

“(4) Rule of construction. – For purposes of this subsection,

any reference to section 3(a)(1) shall be deemed to include a

reference to section 3A(b)(1) and (c)(1).

“(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) and section 3A(b)(1)

and (c)(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 section 3A(b)(1) and (c)(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.”

[For effective date of amendment by Pub. L. 110-286, Sec.

6(b)(1), (2), see section 6(b)(3) of Pub. L. 110-286, set out

above.]

[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.”]

[Proc. No. 8294, Sept. 26, 2008, 73 F.R. 57223, provided: in par.

(2), that beginning on Sept. 27, 2008, importation of Burmese

covered articles into the United States is prohibited, subject to

certain exceptions; in par. (3), that beginning on Sept. 27, 2008,

importation of non-Burmese covered articles into the United States

is subject to certain conditions, with certain exceptions; in par.

(4), that the Secretary of the Treasury and the Secretary of

Homeland Security are authorized to issue regulations, licenses,

and orders and to conduct necessary investigations to implement the

prohibition on Burmese covered articles and the conditions for

importation of non-Burmese covered articles set forth in section

3A(b), (c) of Pub. L. 108-61, set out above, and also to redelegate

those functions as necessary; in par. (5), that the Secretary of

the Treasury, in consultation with the Secretary of State, is

authorized to perform the functions set forth in section

3A(c)(2)(A) of Pub. L. 108-61 relating to the issuance of waivers

and may redelegate those functions; in par. (6), that the United

States Trade Representative is authorized to perform the functions

specified in section 3A(b)(3)(A) of Pub. L. 108-61; and, in pars.

(7) to (9), that the Secretary of State is authorized to perform

the functions specified in sections 3(b) and 3A(b)(3)(B) of Pub. L.

108-61, as well as the functions in section 3A(g) of that Act, in

consultation with the United States Trade Representative.]

[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.]

[Certain powers of President under section 4 of Pub. L. 108-61,

set out above, delegated to Secretary of the Treasury by section 6

of Ex. Ord. No. 13448, Oct. 18, 2007, 72 F.R. 60225, listed in a

table below.]

Provisions similar to those contained in section 5(a) of Pub. L.

108-61, set out above, were contained in the following

appropriation acts:

Pub. L. 112-74, div. I, title VII, Sec. 7044(b)(1), Dec. 23,

2011, 125 Stat. 1230.

Pub. L. 111-117, div. F, title VII, Sec. 7071(b)(1), Dec. 16,

2009, 123 Stat. 3388.

Pub. L. 111-8, div. H, title VII, Sec. 7071(b)(1), Mar. 11, 2009,

123 Stat. 903.

Pub. L. 110-161, div. J, title VI, Sec. 638(b)(1), Dec. 26, 2007,

121 Stat. 2333.

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. 112-36, Sec. 140, Oct. 5, 2011, 125 Stat. 391, provided

that:

“(a) Renewal of Import Restrictions Under Burmese Freedom and

Democracy Act of 2003. –

“(1) In general. – Congress approves the renewal of the import

restrictions contained in section 3(a)(1) and section 3A (b)(1)

and (c)(1) of the Burmese Freedom and Democracy Act of 2003 [Pub.

L. 108-61, set out above].

“(2) Rule of construction. – This section shall be deemed to be

a ‘renewal resolution’ for purposes of section 9 of the Burmese

Freedom and Democracy Act of 2003.

“(b) Effective Date. – This section shall take effect on July 26,

2011.

“(c) Applicability. – This section shall not be subject to any

other provision of this Act [125 Stat. 386].”

Prior similar provisions were contained in the following Acts:

Pub. L. 112-33, Sec. 140, Sept. 30, 2011, 125 Stat. 368.

Pub. L. 111-210, Sec. 1, July 27, 2010, 124 Stat. 2256.

Pub. L. 111-42, title I, Sec. 102, July 28, 2009, 123 Stat. 1963.

Pub. L. 110-287, Sec. 1, July 29, 2008, 122 Stat. 2649.

Pub. L. 110-52, Secs. 1, 4, Aug. 1, 2007, 121 Stat. 264.

Pub. L. 109-251, Sec. 2, Aug. 1, 2006, 120 Stat. 654.

Pub. L. 109-39, July 27, 2005, 119 Stat. 409.

Pub. L. 108-272, July 7, 2004, 118 Stat. 818.

-EXEC-

LIMITED WAIVER OF CERTAIN SANCTIONS IMPOSED BY, AND DELEGATION OF

CERTAIN AUTHORITIES PURSUANT TO, THE TOM LANTOS BLOCK BURMESE JADE

(JUNTA’S ANTI-DEMOCRATIC EFFORTS) ACT OF 2008

Determination of President of the United States, No. 2009-11,

Jan. 15, 2009, 74 F.R. 3957, provided:

Memorandum for the Secretary of State [and] the Secretary of the

Treasury

By the authority vested in me as President by the Constitution

and laws of the United States, including the Tom Lantos Block

Burmese JADE (Junta’s Anti-Democratic Efforts) Act of 2008 (Public

Law 110-286) (JADE Act) [set out as a note above] and section 301

of title 3, United States Code, in order to ensure that the United

States Government’s sanctions against the Burmese leadership and

its supporters continue to be implemented effectively, to allow the

reconciliation of measures applicable to persons sanctioned under

the JADE Act with measures applicable to the same persons

sanctioned under the International Emergency Economic Powers Act

(50 U.S.C. 1701 et seq.), and to allow for the implementation of

additional appropriate sanctions:

(1) I hereby waive, pursuant to section 5(i) of the JADE Act, the

provisions of section 5(b) of the JADE Act with respect to those

persons described in section 5(a)(1) of the JADE Act who are not

included on the Department of the Treasury’s List of Specially

Designated Nationals and Blocked Persons. Because the imposition of

effective and meaningful blocking sanctions requires the

identification of those individuals and entities targeted for

sanction and the authorization of certain limited exceptions to the

prohibitions and restrictions that would otherwise apply, I hereby

determine and certify that such a limited waiver is in the national

interest of the United States.

(2) I hereby delegate to the Secretary of the Treasury the waiver

authority set forth in section 5(i) of the JADE Act, including the

authority to invoke or revoke the waiver with respect to any person

or persons or any transaction or category of transactions or

prohibitions by making the necessary determination and

certification regarding the national interest of the United States

set forth in that section. I hereby direct the Secretary of the

Treasury, after consultation with the Secretary of State and with

necessary support from the Intelligence Community, as defined in

section 3(4) of the National Security Act of 1947, as amended (50

U.S.C. 401a(4)), to continue to target aggressively the Burmese

regime and its lines of support. I further delegate to the

Secretary of the Treasury the authority to take such actions as may

be necessary to carry out the purposes of section 5(b) of the JADE

Act. The Secretary of the Treasury may redelegate any of these

functions to other officers and agencies of the United States

Government consistent with applicable law. The authorities

delegated to the Secretary of the Treasury under this memorandum

shall be exercised after consultation with the Secretary of State.

(3) I authorize the Secretary of State, after consultation with

the Secretary of the Treasury, to take such actions as may be

necessary to make the submissions to the appropriate congressional

committees pursuant to section 5(d) of the JADE Act.

I hereby authorize and direct the Secretary of the Treasury to

report this determination to the appropriate congressional

committees and to publish it in the Federal Register.

George W. Bush.

-MISC2-

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 [now Committee on Foreign Affairs] 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 [now Committee on Foreign Affairs] 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.]

-EXEC-

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.

-MISC3-

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; Pub. L. 110-329, div. A, Sec. 125, Sept. 30, 2008, 122 Stat.

3577, 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

[now Committee on Foreign Affairs] 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 respect 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 [now Committee

on Foreign Affairs] 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 [now Committee on Foreign Affairs] 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 [now

Committee on Foreign Affairs] and the Committee on Science [now

Committee on Science, Space, and Technology] of the House of

Representatives and the Committee on Foreign Relations and the

Committee on Commerce, Science, and Transportation of the Senate.

“(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, export control, and

intelligence agencies of such government) has demonstrated and

continues to demonstrate a sustained commitment to seek out and

prevent the transfer to or from Iran, North Korea, and Syria of

goods, services, and technology that could make a material

contribution to the 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 [now Committee on Foreign

Affairs] and the Committee on Science [now Committee on Science,

Space, and Technology] of the House of Representatives and the

Committee on Foreign Relations and the Committee on Commerce,

Science, and Transportation of the Senate of 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 [now Committee on Foreign Affairs] of the

House of Representatives a report that identifies each Russian

entity or person to whom the United States Government has, since

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 July 1, 2016, 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; Pub. L. 111-195, title I, Sec. 102(a)-(g), July 1,

2010, 124 Stat. 1317-1324, 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 the President recommends that the United States take to

further the objectives of section 3 with respect to Iran.

“(c) Waiver. –

“(1) In general. –

“(A) General waiver. – 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.

“(B) Waiver with respect to persons in countries that

cooperate in multilateral efforts with respect to iran. – The

President may, on a case by case basis, waive for a period of

not more than 12 months the application of section 5(a) with

respect to a person if the President, at least 30 days before

the waiver is to take effect –

“(i) certifies to the appropriate congressional committees

that –

“(I) the government with primary jurisdiction over the person

is closely cooperating with the United States in multilateral

efforts to prevent Iran from –

“(aa) acquiring or developing chemical, biological, or

nuclear weapons or related technologies; or

“(bb) acquiring or developing destabilizing numbers and

types of advanced conventional weapons; and

“(II) such a waiver is vital to the national security

interests of the United States; and

“(ii) submits to the appropriate congressional committees a

report identifying –

“(I) the person with respect to which the President waives the

application of sanctions; and

“(II) the actions taken by the government described in clause

(i)(I) to cooperate in multilateral efforts described in that

clause.

“(2) Subsequent renewal of waiver. – At the conclusion of the

period of a waiver under subparagraph (A) or (B) of paragraph

(1), the President may renew the waiver –

“(A) if the President determines, in accordance with

subparagraph (A) or (B) of that paragraph (as the case may be),

that the waiver is appropriate; and

“(B)(i) in the case of a waiver under subparagraph (A) of

paragraph (1), for subsequent periods of not more than six

months each; and

“(ii) in the case of a waiver under subparagraph (B) of

paragraph (1), for subsequent periods of not more than 12

months each.

“(d) 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.

“(e) Investigations. –

“(1) In general. – The President shall 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

an activity 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 shall (unless paragraph (3) applies)

determine, pursuant to section 5(a), if a person has engaged in

an activity described in such section and shall notify the

appropriate congressional committees of the basis for any such

determination.

“(3) Special rule. – The President need not initiate an

investigation, and may terminate an investigation, under this

subsection if the President certifies in writing to the

appropriate congressional committees that –

“(A) the person whose activity was the basis for the

investigation is no longer engaging in the activity or has

taken significant verifiable steps toward stopping the

activity; and

“(B) the President has received reliable assurances that the

person will not knowingly engage in an activity described in

section 5(a) in the future.

“SEC. 5. IMPOSITION OF SANCTIONS.

“(a) Sanctions With Respect to the Development of Petroleum

Resources of Iran, Production of Refined Petroleum Products in

Iran, and Exportation of Refined Petroleum Products to Iran. –

“(1) Development of petroleum resources of iran. –

“(A) In general. – Except as provided in subsection (f), the

President shall impose 3 or more of the sanctions described in

section 6(a) with respect to a person if the President

determines that the person knowingly, on or after the date of

the enactment of the Comprehensive Iran Sanctions,

Accountability, and Divestment Act of 2010 [July 1, 2010] –

“(i) makes an investment described in subparagraph (B) of

$20,000,000 or more; or

“(ii) makes a combination of investments described in

subparagraph (B) in a 12-month period if each such investment

is of at least $5,000,000 and such investments equal or

exceed $20,000,000 in the aggregate.

“(B) Investment described. – An investment described in this

subparagraph is an investment that directly and significantly

contributes to the enhancement of Iran’s ability to develop

petroleum resources.

“(2) Production of refined petroleum products. –

“(A) In general. – Except as provided in subsection (f), the

President shall impose 3 or more of the sanctions described in

section 6(a) with respect to a person if the President

determines that the person knowingly, on or after the date of

the enactment of the Comprehensive Iran Sanctions,

Accountability, and Divestment Act of 2010, sells, leases, or

provides to Iran goods, services, technology, information, or

support described in subparagraph (B) –

“(i) any of which has a fair market value of $1,000,000 or

more; or

“(ii) that, during a 12-month period, have an aggregate

fair market value of $5,000,000 or more.

“(B) Goods, services, technology, information, or support

described. – Goods, services, technology, information, or

support described in this subparagraph are goods, services,

technology, information, or support that could directly and

significantly facilitate the maintenance or expansion of Iran’s

domestic production of refined petroleum products, including

any direct and significant assistance with respect to the

construction, modernization, or repair of petroleum refineries.

“(3) Exportation of refined petroleum products to iran. –

“(A) In general. – Except as provided in subsection (f), the

President shall impose 3 or more of the sanctions described in

section 6(a) with respect to a person if the President

determines that the person knowingly, on or after the date of

the enactment of the Comprehensive Iran Sanctions,

Accountability, and Divestment Act of 2010 –

“(i) sells or provides to Iran refined petroleum products –

“(I) that have a fair market value of $1,000,000 or more; or

“(II) that, during a 12-month period, have an aggregate fair

market value of $5,000,000 or more; or

“(ii) sells, leases, or provides to Iran goods, services,

technology, information, or support described in subparagraph

(B) –

“(I) any of which has a fair market value of $1,000,000 or

more; or

“(II) that, during a 12-month period, have an aggregate fair

market value of $5,000,000 or more.

“(B) Goods, services, technology, information, or support

described. – Goods, services, technology, information, or

support described in this subparagraph are goods, services,

technology, information, or support that could directly and

significantly contribute to the enhancement of Iran’s ability

to import refined petroleum products, including –

“(i) except as provided in subparagraph (C), underwriting

or entering into a contract to provide insurance or

reinsurance for the sale, lease, or provision of such goods,

services, technology, information, or support;

“(ii) financing or brokering such sale, lease, or

provision; or

“(iii) providing ships or shipping services to deliver

refined petroleum products to Iran.

“(C) Exception for underwriters and insurance providers

exercising due diligence. – The President may not impose

sanctions under this paragraph with respect to a person that

provides underwriting services or insurance or reinsurance if

the President determines that the person has exercised due

diligence in establishing and enforcing official policies,

procedures, and controls to ensure that the person does not

underwrite or enter into a contract to provide insurance or

reinsurance for the sale, lease, or provision of goods,

services, technology, information, or support described in

subparagraph (B).

“(b) Mandatory Sanctions With Respect to Development of Weapons

of Mass Destruction or Other Military Capabilities. –

“(1) In general. – The President shall impose 3 or more of the

sanctions described in section 6(a) if the President determines

that a person has, on or after the date of the enactment of the

Comprehensive Iran Sanctions, Accountability, and Divestment Act

of 2010 [July 1, 2010], 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 –

“(A) acquire or develop chemical, biological, or nuclear

weapons or related technologies; or

“(B) acquire or develop destabilizing numbers and types of

advanced conventional weapons.

“(2) Additional mandatory sanctions relating to transfer of

nuclear technology. –

“(A) In general. – Except as provided in subparagraphs (B)

and (C), in any case in which a person is subject to sanctions

under paragraph (1) because of an activity described in that

paragraph that relates to the acquisition or development of

nuclear weapons or related technology or of missiles or

advanced conventional weapons that are designed or modified to

deliver a nuclear weapon, no license may be issued for the

export, and no approval may be given for the transfer or

retransfer, directly or indirectly, to the country the

government of which has primary jurisdiction over the person,

of any nuclear material, facilities, components, or other

goods, services, or technology that are or would be subject to

an agreement for cooperation between the United States and that

government.

“(B) Exception. – The sanctions described in subparagraph (A)

shall not apply with respect to a country the government of

which has primary jurisdiction over a person that engages in an

activity described in that subparagraph if the President

determines and notifies the appropriate congressional

committees that the government of the country –

“(i) does not know or have reason to know about the

activity; or

“(ii) has taken, or is taking, all reasonable steps

necessary to prevent a recurrence of the activity and to

penalize the person for the activity.

“(C) Individual approval. – Notwithstanding subparagraph (A),

the President may, on a case-by-case basis, approve the

issuance of a license for the export, or approve the transfer

or retransfer, of any nuclear material, facilities, components,

or other goods, services, or technology that are or would be

subject to an agreement for cooperation, to a person in a

country to which subparagraph (A) applies (other than a person

that is subject to the sanctions under paragraph (1)) if the

President –

“(i) determines that such approval is vital to the national

security interests of the United States; and

“(ii) not later than 15 days before issuing such license or

approving such transfer or retransfer, submits to the

Committee on Foreign Affairs of the House of Representatives

and the Committee on Foreign Relations of the Senate the

justification for approving such license, transfer, or

retransfer.

“(D) Construction. – The restrictions in subparagraph (A)

shall apply in addition to all other applicable procedures,

requirements, and restrictions contained in the Atomic Energy

Act of 1954 [42 U.S.C. 2011 et seq.] and other related laws.

“(E) Definition. – In this paragraph, the term ‘agreement for

cooperation’ has the meaning given that term in section 11 b.

of the Atomic Energy Act of 1954 (42 U.S.C. 2014(b)).

“(F) Applicability. – The sanctions under subparagraph (A)

shall apply only in a case in which a person is subject to

sanctions under paragraph (1) because of an activity described

in that paragraph in which the person engages on or after the

date of the enactment of the Comprehensive Iran Sanctions,

Accountability, and Divestment Act of 2010 [July 1, 2010].

“(c) Persons Against Which the Sanctions Are To Be Imposed. – The

sanctions described in subsections (a) and (b)(1) shall be imposed

on –

“(1) any person the President determines has carried out the

activities described in subsection (a) or (b)(1); and

“(2) any person that –

“(A) is a successor entity to the person referred to in

paragraph (1);

“(B) owns or controls the person referred to in paragraph

(1), if the person that owns or controls the person referred to

in paragraph (1) had actual knowledge or should have known that

the person referred to in paragraph (1) engaged in the

activities referred to in that paragraph; or

“(C) is owned or controlled by, or under common ownership or

control with, the person referred to in paragraph (1), if the

person owned or controlled by, or under common ownership or

control with (as the case may be), the person referred to in

paragraph (1) knowingly engaged in the activities referred to

in that paragraph.

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) –

“(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) of that Act (19 U.S.C. 2511(b));

“(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.

“(a) In General. – 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) Foreign exchange. – The President may, pursuant to such

regulations as the President may prescribe, prohibit any

transactions in foreign exchange that are subject to the

jurisdiction of the United States and in which the sanctioned

person has any interest.

“(7) Banking transactions. – The President may, pursuant to

such regulations as the President may prescribe, prohibit any

transfers of credit or payments between financial institutions or

by, through, or to any financial institution, to the extent that

such transfers or payments are subject to the jurisdiction of the

United States and involve any interest of the sanctioned person.

“(8) Property transactions. – The President may, pursuant to

such regulations as the President may prescribe, prohibit any

person from –

“(A) acquiring, holding, withholding, using, transferring,

withdrawing, transporting, importing, or exporting any property

that is subject to the jurisdiction of the United States and

with respect to which the sanctioned person has any interest;

“(B) dealing in or exercising any right, power, or privilege

with respect to such property; or

“(C) conducting any transaction involving such property.

“(9) 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).

“(b) Additional Measure Relating to Government Contracts. –

“(1) Modification of federal acquisition regulation. – Not

later than 90 days after the date of the enactment of the

Comprehensive Iran Sanctions, Accountability, and Divestment Act

of 2010 [July 1, 2010], the Federal Acquisition Regulation issued

pursuant to section 25 of the Office of Federal Procurement

Policy Act ([former] 41 U.S.C. 421) [see 41 U.S.C. 1303] shall be

revised to require a certification from each person that is a

prospective contractor that the person, and any person owned or

controlled by the person, does not engage in any activity for

which sanctions may be imposed under section 5.

“(2) Remedies. –

“(A) In general. – If the head of an executive agency

determines that a person has submitted a false certification

under paragraph (1) on or after the date on which the revision

of the Federal Acquisition Regulation required by this

subsection becomes effective, the head of that executive agency

shall terminate a contract with such person or debar or suspend

such person from eligibility for Federal contracts for a period

of not more than 3 years. Any such debarment or suspension

shall be subject to the procedures that apply to debarment and

suspension under the Federal Acquisition Regulation under

subpart 9.4 of part 9 of title 48, Code of Federal Regulations.

“(B) Inclusion on list of parties excluded from federal

procurement and nonprocurement programs. – The Administrator of

General Services shall include on the List of Parties Excluded

from Federal Procurement and Nonprocurement Programs maintained

by the Administrator under part 9 of the Federal Acquisition

Regulation issued pursuant to section 25 of the Office of

Federal Procurement Policy Act ([former] 41 U.S.C. 421) [see 41

U.S.C. 1303] each person that is debarred, suspended, or

proposed for debarment or suspension by the head of an

executive agency on the basis of a determination of a false

certification under subparagraph (A).

“(3) Clarification regarding certain products. – The remedies

set forth in paragraph (2) shall not apply with respect to the

procurement of eligible products, as defined in section 308(4) of

the Trade Agreements Act of 1974 [1979] (19 U.S.C. 2518(4)), of

any foreign country or instrumentality designated under section

301(b) of that Act (19 U.S.C. 2511(b)).

“(4) Rule of construction. – This subsection shall not be

construed to limit the use of other remedies available to the

head of an executive agency or any other official of the Federal

Government on the basis of a determination of a false

certification under paragraph (1).

“(5) Waivers. – The President may on a case-by-case basis waive

the requirement that a person make a certification under

paragraph (1) if the President determines and certifies in

writing to the appropriate congressional committees, the

Committee on Armed Services of the Senate, and the Committee on

Armed Services of the House of Representatives, that it is in the

national interest of the United States to do so.

“(6) Executive agency defined. – In this subsection, the term

‘executive agency’ has the meaning given that term in section 4

of the Office of Federal Procurement Policy Act ([former] 41

U.S.C. 403) [see 41 U.S.C. 133].

“(7) Applicability. – The revisions to the Federal Acquisition

Regulation required under paragraph (1) shall apply with respect

to contracts for which solicitations are issued on or after the

date that is 90 days after the date of the enactment of the

Comprehensive Iran Sanctions, Accountability, and Divestment Act

of 2010 [July 1, 2010].

“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)(1) 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)(1) 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)(1), 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 necessary 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 5(b)(1), 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 5(b)(1), as the case

may be;

“(C) an estimate of the significance of the conduct of the

person in contributing to the ability of Iran to, as the case

may be –

“(i) develop petroleum resources, produce refined petroleum

products, or import refined petroleum products; or

“(ii) acquire or develop –

“(I) chemical, biological, or nuclear weapons or related

technologies; or

“(II) destabilizing numbers and types of advanced conventional

weapons; 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 5(b)(1).

“(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 5(b)(1) 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.

“(d) Reports on Global Trade Relating to Iran. – Not later than

90 days after the date of the enactment of the Comprehensive Iran

Sanctions, Accountability, and Divestment Act of 2010 [July 1,

2010], and annually thereafter, the President shall submit to the

appropriate congressional committees a report, with respect to the

most recent 12-month period for which data are available, on the

dollar value amount of trade, including in the energy sector,

between Iran and each country maintaining membership in the Group

of 20 Finance Ministers and Central Bank Governors.

“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, 2016.

“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 Financial Services,

and the Committee on Foreign Affairs 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.

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) Knowingly. – The term ‘knowingly’, with respect to

conduct, a circumstance, or a result, means that a person has

actual knowledge, or should have known, of the conduct, the

circumstance, or the result.

“(13) 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).

“(14) Person. –

“(A) In general. – The term ‘person’ means –

“(i) a natural person;

“(ii) a corporation, business association, partnership,

society, trust, financial institution, insurer, underwriter,

guarantor, and any other business organization, any other

nongovernmental entity, organization, or group, and any

governmental entity operating as a business enterprise; and

“(iii) any successor to any entity described in clause

(ii).

“(B) Application to governmental entities. – The term

‘person’ does not include a government or governmental entity

that is not operating as a business enterprise.

“(15) Petroleum resources. – The term ‘petroleum resources’

includes petroleum, refined petroleum products, oil or liquefied

natural gas, natural gas resources, oil or liquefied natural gas

tankers, and products used to construct or maintain pipelines

used to transport oil or liquefied natural gas.

“(16) Refined petroleum products. – The term ‘refined petroleum

products’ means diesel, gasoline, jet fuel (including naphtha-

type and kerosene-type jet fuel), and aviation gasoline.

“(17) 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.

“(18) 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. 111-195, title I, Sec. 102(h), July 1, 2010, 124 Stat.

1325, provided that:

[“(1) In general. – The amendments made by this section [amending

Pub. L. 104-172, set out above] shall –

[“(A) take effect on the date of the enactment of this Act

[July 1, 2010]; and

[“(B) except as provided in this subsection or section 6(b)(7)

of the Iran Sanctions Act of 1996 [Pub. L. 104-172, set out

above], as amended by subsection (b) of this section, apply with

respect to an investment or activity described in subsection (a)

or (b) of section 5 of the Iran Sanctions Act of 1996, as amended

by this section, that is commenced on or after such date of

enactment.

[“(2) Applicability to ongoing investments prohibited under prior

law. – A person that makes an investment described in section 5(a)

of the Iran Sanctions Act of 1996, as in effect on the day before

the date of the enactment of this Act, that is commenced before

such date of enactment and continues on or after such date of

enactment, shall, except as provided in paragraph (4), be subject

to the provisions of the Iran Sanctions Act of 1996, as in effect

on the day before such date of enactment.

[“(3) Applicability to ongoing activities relating to chemical,

biological, or nuclear weapons or related technologies. – A person

that, before the date of the enactment of this Act, commenced an

activity described in section 5(b) of the Iran Sanctions Act of

1996, as in effect on the day before such date of enactment, and

continues the activity on or after such date of enactment, shall be

subject to the provisions of the Iran Sanctions Act of 1996, as

amended by this Act.

[“(4) Applicability of mandatory investigations to investments. –

The amendments made by subsection (g)(5) of this section [amending

section 4 of Pub. L. 104-172, set out above] shall apply on and

after the date of the enactment of this Act –

[“(A) with respect to an investment described in section

5(a)(1) of the Iran Sanctions Act of 1996, as amended by

subsection (a) of this section, that is commenced on or after

such date of enactment; and

[“(B) with respect to an investment described in section 5(a)

of the Iran Sanctions Act of 1996, as in effect on the day before

the date of the enactment of this Act, that is commenced before

such date of enactment and continues on or after such date of

enactment.

[“(5) Applicability of mandatory investigations to activities

relating to petroleum. –

[“(A) In general. – Except as provided in subparagraph (B), the

amendments made by subsection (g)(5) of this section shall apply

on and after the date that is 1 year after the date of the

enactment of this Act with respect to an activity described in

paragraph (2) or (3) of section 5(a) of the Iran Sanctions Act of

1996, as amended by subsection (a) of this section, that is

commenced on or after the date that is 1 year after the date of

the enactment of this Act or the date on which the President

fails to submit a certification that is required under

subparagraph (B) (whichever is applicable).

[“(B) Special rule for delay of effective date. –

[“(i) Reporting requirement. – Not later than 30 days before

the date that is 1 year after the date of the enactment of this

Act, the President shall submit to the appropriate

congressional committees a report describing –

[“(I) the diplomatic and other efforts of the President –

[“(aa) to dissuade foreign persons from engaging in activities

described in paragraph (2) or (3) of section 5(a) of the Iran

Sanctions Act of 1996, as amended by subsection (a) of this

section; and

[“(bb) to encourage other governments to dissuade persons over

which those governments have jurisdiction from engaging in

such activities;

[“(II) the successes and failures of the efforts described

in subclause (I); and

[“(III) each investigation under section 4(e) of the Iran

Sanctions Act of 1996, as amended by subsection (g)(5) of

this section and as in effect pursuant to subparagraph (C) of

this paragraph, or any other review of an activity described

in paragraph (2) or (3) of section 5(a) of the Iran Sanctions

Act of 1996, as amended by subsection (a) of this section,

that is initiated or ongoing during the period beginning on

the date of the enactment of this Act and ending on the date

on which the President is required to submit the report.

[“(ii) Certification. – If the President submits to the

appropriate congressional committees, with the report required

by clause (i), a certification that there was a substantial

reduction in activities described in paragraphs (2) and (3) of

section 5(a) of the Iran Sanctions Act of 1996, as amended by

subsection (a) of this section, during the period described in

clause (i)(III), the effective date provided for in

subparagraph (A) shall be delayed for a 180-day period

beginning after the date provided for in that subparagraph.

[“(iii) Subsequent reports and delays. – The effective date

provided for in subparagraph (A) shall be delayed for

additional 180-day periods occurring after the end of the 180-

day period provided for under clause (ii), if, not later than

30 days before the 180-day period preceding such additional 180-

day period expires, the President submits to the appropriate

congressional committees –

[“(I) a report containing the matters required in the

report under clause (i) for the period beginning on the date

on which the preceding report was required to be submitted

under clause (i) or this clause (as the case may be) and

ending on the date on which the President is required to

submit the most recent report under this clause; and

[“(II) a certification that, during the period described in

subclause (I), there was (as compared to the period for which

the preceding report was submitted under this subparagraph) a

progressive reduction in activities described in paragraphs

(2) and (3) of section 5(a) of the Iran Sanctions Act of

1996, as amended by subsection (a) of this section.

[“(iv) Consequence of failure to certify. – If the President

does not make a certification at a time required by this

subparagraph –

[“(I) the amendments made by subsection (g)(5) of this

section shall apply on and after the date on which the

certification was required to be submitted by this

subparagraph, with respect to an activity described in

paragraph (2) or (3) of section 5(a) of the Iran Sanctions

Act of 1996, as amended by subsection (a) of this section,

that –

[“(aa) is referenced in the most recent report required to be

submitted under this subparagraph; or

[“(bb) is commenced on or after the date on which such most

recent report is required to be submitted; and

[“(II) not later than 45 days after the date on which the

certification was required to be submitted by this

subparagraph, the President shall make a determination under

paragraph (2) or (3) of section 5(a) of the Iran Sanctions

Act of 1996 (as the case may be), as amended by subsection

(a) of this section, with respect to relevant activities

described in subclause (I)(aa).

[“(C) Applicability of permissive investigations. – During the

1-year period beginning on the date of the enactment of this Act

and during any 180-day period during which the effective date

provided for in subparagraph (A) is delayed pursuant to

subparagraph (B), section 4(e) of the Iran Sanctions Act of 1996,

as amended by subsection (g)(5) of this section, shall be

applied, with respect to an activity described in paragraph (2)

or (3) of section 5(a) of the Iran Sanctions Act of 1996, as

amended by subsection (a) of this section, by substituting

‘should’ for ‘shall’ each place it appears.

[“(6) Waiver authority. – The amendments made by subsection (c)

[amending section 9 of Pub. L. 104-172, set out above] shall not be

construed to affect any exercise of the authority under section

9(c) of the Iran Sanctions Act of 1996, as in effect on the day

before the date of the enactment of this Act.”]

[For definition of “appropriate congressional committees” as used

in section 102(h) of Pub. L. 111-195, set out above, see section

8511 of Title 22, Foreign Relations and Intercourse.]

[Functions of President under section 102(h)(5) of Pub. L. 111-

195, set out above, delegated to Secretary of State by Memorandum

of President of the United States, Sept. 23, 2010, 75 F.R. 67025,

set out as a note under section 8501 of Title 22, Foreign Relations

and Intercourse.]

[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.”]

[For delegation of certain functions of President under sections

4, 5, 6, 9, and 10 of Pub. L. 104-172, set out above, see

Memorandum of President of the United States, Sept. 23, 2010, 75

F.R. 67025, set out as a note under section 8501 of Title 22,

Foreign Relations and Intercourse.]

[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 section 4(c), former section

5(a), section 5(b), (c), (f), former section 6(1), (2) (now section

6(a)(1), (2)), and section 9(c) of Pub. L. 104-172, set out above,

delegated to the Secretary of State functions vested in the

President by section 4(a), (b), former section 4(d), (e) (now (d)),

and sections 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 section 4(a), (b), former section 4(d),

(e) (now (d)), and sections 5(d), (e) and 10 of Pub. L. 104-172 and

delegated by the memorandum could be redelegated.]

-EXEC-

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.

-MISC4-

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 [now

Foreign Affairs] 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 [now

Foreign Affairs] 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.”

-EXEC-

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 President of the United States, No. 96-7, Dec.

27, 1995, 61 F.R. 2887.

-MISC5-

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 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 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 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 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 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.”

-EXEC-

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.

-MISC6-

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.

-EXEC-

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.

Continuations of national emergency declared by Ex. Ord. No.

13405 were contained in the following:

Notice of President of the United States, dated June 14, 2011,

76 F.R. 35093.

Notice of President of the United States, dated June 8, 2010,

75 F.R. 32841.

Notice of President of the United States, dated June 12, 2009,

74 F.R. 28437.

Notice of President of the United States, dated June 6, 2008,

73 F.R. 32981.

Notice of President of the United States, dated June 14, 2007,

72 F.R. 33381.

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 16, 2011,

76 F.R. 28883.

Notice of President of the United States, dated May 13, 2010,

75 F.R. 27629.

Notice of President of the United States, dated May 14, 2009,

74 F.R. 23287.

Notice of President of the United States, dated May 16, 2008,

73 F.R. 29035.

Notice of President of the United States, dated May 17, 2007,

72 F.R. 28447.

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.

Ex. Ord. No. 13448, Oct. 18, 2007, 72 F.R. 60223.

Ex. Ord. No. 13464, Apr. 30, 2008, 73 F.R. 24491.

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, 2011,

76 F.R. 65355.

Notice of President of the United States, dated Oct. 14, 2010,

75 F.R. 64109.

Notice of President of the United States, dated Oct. 16, 2009,

74 F.R. 53879.

Notice of President of the United States, dated Oct. 16, 2008,

73 F.R. 62433.

Notice of President of the United States, dated Oct. 18, 2007,

72 F.R. 59473.

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.

COôTE D’IVOIRE

Ex. Ord. No. 13396, Feb. 7, 2006, 71 F.R. 7389.

Continuations of national emergency declared by Ex. Ord. No.

13396 were contained in the following:

Notice of President of the United States, dated Jan. 26, 2011,

76 F.R. 5053.

Notice of President of the United States, dated Feb. 2, 2010,

75 F.R. 5675.

Notice of President of the United States, dated Feb. 4, 2009,

74 F.R. 6349.

Notice of President of the United States, dated Feb. 5, 2008,

73 F.R. 7185.

Notice of President of the United States, dated Feb. 5, 2007,

72 F.R. 5593.

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. 13, 2011,

76 F.R. 3009.

Notice of President of the United States, dated Jan. 20, 2010,

75 F.R. 3845.

Notice of President of the United States, dated Jan. 15, 2009,

74 F.R. 3961.

Notice of President of the United States, dated Jan. 18, 2008,

73 F.R. 3859.

Notice of President of the United States, dated Jan. 18, 2007,

72 F.R. 2595.

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, 2011,

76 F.R. 59001.

Notice of President of the United States, dated Sept. 16, 2010,

75 F.R. 57159.

Notice of President of the United States, dated Sept. 21, 2009,

74 F.R. 48359.

Notice of President of the United States, dated Sept. 18, 2008,

73 F.R. 54489.

Notice of President of the United States, dated Sept. 20, 2007,

72 F.R. 54205.

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 Nov. 9, 2011,

76 F.R. 70319.

Notice of President of the United States, dated Nov. 6, 2009,

74 F.R. 58187.

Notice of President of the United States, dated Nov. 10, 2008,

73 F.R. 67097.

Notice of President of the United States, dated Nov. 8, 2007,

72 F.R. 63963.

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. 12, 2011,

76 F.R. 50661.

Notice of President of the United States, dated Aug. 12, 2010,

75 F.R. 50681.

Notice of President of the United States, dated Aug. 13, 2009,

74 F.R. 41325.

Notice of President of the United States, dated July 23, 2008,

73 F.R. 43603.

Notice of President of the United States, dated Aug. 15, 2007,

72 F.R. 46137.

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.

Continuations of national emergency declared by Ex. Ord. No.

13413 were contained in the following:

Notice of President of the United States, dated Oct. 25, 2011,

76 F.R. 66599.

Notice of President of the United States, dated Oct. 22, 2010,

75 F.R. 65935.

Notice of President of the United States, dated Oct. 20, 2009,

74 F.R. 54741.

Notice of President of the United States, dated Oct. 22, 2008,

73 F.R. 63619.

Notice of President of the United States, dated Oct. 24, 2007,

72 F.R. 61045.

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. 7, 2011,

76 F.R. 70035.

Notice of President of the United States, dated Nov. 10, 2010,

75 F.R. 69569.

Notice of President of the United States, dated Nov. 12, 2009,

74 F.R. 58841.

Notice of President of the United States, dated Nov. 10, 2008,

73 F.R. 67357.

Notice of President of the United States, dated Nov. 8, 2007,

72 F.R. 63965.

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. 8, 2011,

76 F.R. 13283.

Notice of President of the United States, dated Mar. 10, 2010,

75 F.R. 12117.

Notice of President of the United States, dated Mar. 11, 2009,

74 F.R. 10999.

Notice of President of the United States, dated Mar. 11, 2008,

73 F.R. 13727.

Notice of President of the United States, dated Mar. 8, 2007,

72 F.R. 10883.

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.

Ex. Ord. No. 13553, Sept. 28, 2010, 75 F.R. 60567.

Ex. Ord. No. 13574, May 23, 2011, 76 F.R. 30505.

Ex. Ord. No. 13590, Nov. 20, 2011, 76 F.R. 72609.

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 17, 2011,

76 F.R. 29141.

Notice of President of the United States, dated May 12, 2010,

75 F.R. 27399.

Notice of President of the United States, dated May 19, 2009,

74 F.R. 23935.

Notice of President of the United States, dated May 20, 2008,

73 F.R. 29683.

Notice of President of the United States, dated May 18, 2007,

72 F.R. 28581.

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.

Ex. Ord. No. 13438, July 17, 2007, 72 F.R. 39719.

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.

LEBANON

Ex. Ord. No. 13441, Aug. 1, 2007, 72 F.R. 43499.

Continuations of national emergency declared by Ex. Ord. No.

13441 were contained in the following:

Notice of President of the United States, dated July 28, 2011,

76 F.R. 45653.

Notice of President of the United States, dated July 29, 2010,

75 F.R. 45045.

Notice of President of the United States, dated July 30, 2009,

74 F.R. 38321.

Notice of President of the United States, dated July 30, 2008,

73 F.R. 44895.

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 20, 2011,

76 F.R. 43801.

Notice of President of the United States, dated July 19, 2010,

75 F.R. 42281.

Notice of President of the United States, dated July 16, 2009,

74 F.R. 35763.

Notice of President of the United States, dated July 16, 2008,

73 F.R. 42255.

Notice of President of the United States, dated July 19, 2007,

72 F.R. 40059.

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.

Ex. Ord. No. 13566, Feb. 25, 2011, 76 F.R. 11315.

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.

NORTH KOREA

Ex. Ord. No. 13466, June 26, 2008, 73 F.R. 36787.

Continuations of national emergency declared by Ex. Ord. No.

13466 were contained in the following:

Notice of President of the United States, dated June 23, 2011,

76 F.R. 37237.

Notice of President of the United States, dated June 14, 2010,

75 F.R. 34317.

Notice of President of the United States, dated June 24, 2009,

74 F.R. 30457.

Ex. Ord. No. 13551, Aug. 30, 2010, 75 F.R. 53837.

Ex. Ord. No. 13570, Apr. 18, 2011, 76 F.R. 22291.

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 17, 2011,

76 F.R. 35955.

Notice of President of the United States, dated June 17, 2010,

75 F.R. 34921.

Notice of President of the United States, dated June 18, 2009,

74 F.R. 29391.

Notice of President of the United States, dated June 18, 2008,

73 F.R. 35335.

Notice of President of the United States, dated June 19, 2007,

72 F.R. 34159.

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.

SOMALIA

Ex. Ord. No. 13536, Apr. 12, 2010, 75 F.R. 19869.

Continuation of national emergency declared by Ex. Ord. No.

13536 was contained in the following:

Notice of President of the United States, dated Apr. 7, 2011,

76 F.R. 19897.

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, 2011,

76 F.R. 68055.

Notice of President of the United States, dated Nov. 1, 2010,

75 F.R. 67587.

Notice of President of the United States, dated Oct. 27, 2009,

74 F.R. 55745.

Notice of President of the United States, dated Oct. 30, 2008,

73 F.R. 65239.

Notice of President of the United States, dated Nov. 1, 2007,

72 F.R. 62407.

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, as amended by

Ex. Ord. No. 13460, Sec. 2, Feb. 13, 2008, 73 F.R. 8991.

Continuations of national emergency declared by Ex. Ord. No.

13338 were contained in the following:

Notice of President of the United States, dated Apr. 29, 2011,

76 F.R. 24791.

Notice of President of the United States, dated May 3, 2010, 75

F.R. 24779.

Notice of President of the United States, dated May 7, 2009, 74

F.R. 21765.

Notice of President of the United States, dated May 7, 2008, 73

F.R. 26939.

Notice of President of the United States, dated May 8, 2007, 72

F.R. 26707.

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.

Ex. Ord. No. 13460, Feb. 13, 2008, 73 F.R. 8991.

Ex. Ord. No. 13572, Apr. 29, 2011, 76 F.R. 24787.

Ex. Ord. No. 13573, May 18, 2011, 76 F.R. 29143.

Ex. Ord. No. 13582, Aug. 17, 2011, 76 F.R. 52209.

TRANSNATIONAL CRIMINAL ORGANIZATIONS

Ex. Ord. No. 13581, July 24, 2011, 76 F.R. 44757.

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 23, 2011,

76 F.R. 37239.

Notice of President of the United States, dated June 8, 2010,

75 F.R. 32843.

Notice of President of the United States, dated June 22, 2009,

74 F.R. 30209.

Notice of President of the United States, dated June 24, 2008,

73 F.R. 36255.

Notice of President of the United States, dated June 22, 2007,

72 F.R. 34981.

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 Mar. 2, 2011,

76 F.R. 12267.

Notice of President of the United States, dated Feb. 26, 2010,

75 F.R. 10157.

Notice of President of the United States, dated Mar. 3, 2009,

74 F.R. 9751.

Notice of President of the United States, dated Mar. 4, 2008,

73 F.R. 12005.

Notice of President of the United States, dated Feb. 28, 2007,

72 F.R. 9645.

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.

Ex. Ord. No. 13469, July 25, 2008, 73 F.R. 43841.

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