[Congressional Bills 103th Congress]
[From the U.S. Government Publishing Office]
[S. 1172 Introduced in Senate (IS)]
103d CONGRESS
1st Session
S. 1172
To amend the National Defense Authorization Act for Fiscal Year 1993,
to impose sanctions on certain transfers of equipment and technology
used in the manufacture or delivery of weapons of mass destruction and
to impose additional sanctions for violations of that Act.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
June 29 (legislative day, June 22), 1993
Mr. McCain (for himself and Mr. Lieberman) introduced the following
bill; which was read twice and referred to the Committee on Foreign
Relations
_______________________________________________________________________
A BILL
To amend the National Defense Authorization Act for Fiscal Year 1993,
to impose sanctions on certain transfers of equipment and technology
used in the manufacture or delivery of weapons of mass destruction and
to impose additional sanctions for violations of that Act.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE; REFERENCES IN ACT.
(a) Short Title.--This Act may be cited as the ``Iran-Iraq Arms
Non-Proliferation Amendments of 1993''.
(b) References in Act.--Except as specifically provided in this
Act, whenever in this Act an amendment or repeal is expressed as an
amendment to or repeal of a provision, the reference shall be deemed to
be made to the National Defense Authorization Act for Fiscal Year 1993.
SEC. 2. STATEMENT OF POLICY.
It is the policy of the United States--
(1) to halt the proliferation of weapons of mass
destruction within Iran and Iraq; and
(2) to halt the transfer from any foreign country or
foreign person to Iran or Iraq of all weapons of mass
destruction and significant components or technology or that
can be used to manufacture or deliver weapons of mass
destruction.
SEC. 3. STATEMENT OF PURPOSE.
It is the purpose of this Act to impose additional sanctions
against those foreign countries and persons that transfer weapons of
mass destruction, destabilizing numbers and types of advanced
conventional weapons, or equipment and technology that assist in
enhancing the capabilities of Iran or Iraq to manufacture and deliver
such weapons.
SEC. 4. SANCTIONS AGAINST PERSONS.
Section 1604 is amended to read as follows:
``SEC. 1604. SANCTIONS AGAINST PERSONS.
``(a) Prohibition.--If the President determines that any person has
transferred or retransferred 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 destabilizing
numbers and types of advanced conventional weapons or to acquire
weapons of mass destruction or the means of their delivery, then--
``(1) the sanctions described in subsection (b) shall be
imposed; and
``(2) the President may apply, in the discretion of the
President, the sanctions described in subsection (c).
``(b) Mandatory Sanctions.--The sanctions to be imposed pursuant to
subsection (a)(1) are as follows:
``(1) Procurement sanction.--Except as provided in
subsection (d), the United States Government shall not procure
directly or indirectly, or enter into any contract for the
procurement of, any goods or services from the sanctioned
person.
``(2) Export sanction.--The United States Government shall
not issue any license for any export by or to the sanctioned
person and shall revoke any such license issued before the
effective date of the sanction.
``(3) Import sanction.--Notwithstanding any other provision
of law, no item which is the product or manufacture of the
sanctioned person, and no technology developed by the
sanctioned person, may be imported into any territory subject
to the jurisdiction of the United States.
``(4) Transiting united states territory.--(A)
Notwithstanding any other provision of law (other than a treaty
or other international agreement), no sanctioned person, no
item which is the product or manufacture of the sanctioned
person, and no technology developed by the sanctioned person,
may transit any territory subject to the jurisdiction of the
United States.
``(B) The Secretary of Transportation may provide for such
exceptions from this paragraph as the Secretary considers
necessary to provide for emergencies in which the safety of a
vessel or its crew or passengers is threatened.
``(c) Discretionary Sanctions.--The sanctions referred to in
subsection (a)(2) are as follows:
``(1) Financial institutions.--(A) The President may by
order prohibit any depository institution that is chartered by,
or that has its principal place of business within, a State or
the United States from making any loan or providing any credit
to the sanctioned person, except for loans or credits for the
purpose of purchasing food or other agricultural commodities.
``(B) As used in this paragraph, the term `depository
institution' means a bank or savings association, as defined in
section 3 of the Federal Deposit Insurance Act.
``(2) Use of authorities of the international emergency
economic powers act.--The President may exercise the
authorities of the International Emergency Economics Powers Act
to prohibit any transaction involving any property in which the
sanctioned person has any interest whatsoever except for
transactions involving the provision of humanitarian
assistance.
``(3) Prohibition on vessels that enter ports of sanctioned
countries to engage in trade.--
``(A) In general.--Beginning on the 10th day after
a sanction is imposed under this Act against a country,
a vessel which enters a port or place in the sanctioned
country to engage in the trade of goods or services may
not, if the President so requires, within 180 days
after departure from such port or place in the
sanctioned country, load or unload any freight at any
place in the United States.
``(B) Definitions.--As used in this paragraph, the
term `vessel' includes every description of water craft
or other contrivance used, or capable of being used, as
a means of transportation in water, but does not
include aircraft.
``(d) Exceptions.--The sanction described in subsection (b)(1)
shall not apply--
``(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 operational military requirements
essential to the national security of the United
States;
``(B) if the President determines that the person
or other entity 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 that such
articles or services are essential to the national
security under defense coproduction agreements;
``(2) to products or services provided under contracts
entered into before the date on which the President makes a
determination under subsection (a);
``(3) in the case of contracts entered into before the date
on which the President makes a determination under subsection
(a), with respect 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;
``(4) to information and technology essential to United
States products or production; or
``(5) to medical or other humanitarian items.
``(e) Consultation With and Actions by Foreign Government of
Jurisdiction.--
``(1) Consultations.--Whenever the President makes a
determination under subsection (a) with respect to a foreign
person, the Congress urges the President--
``(A) to initiate consultations immediately with
the government with primary jurisdiction over that
foreign person with respect to the imposition of
sanctions pursuant to this section; and
``(B) to take steps in the United Nations and other
multilateral groups to negotiate comprehensive
multilateral sanctions pursuant to the provisions of
chapter 7 of the United Nations Charter, including a
partial or complete embargo, against the government of
the foreign country of primary jurisdiction over that
sanctioned person, as long as that government has not
taken specific and effective actions, including
appropriate penalties, to terminate the involvement of
the sanctioned person or firm in the activities
described in section 1604(a).
``(2) Actions by government of jurisdiction.--In order to
pursue such consultations with that government, the President
may delay imposition of sanctions pursuant to subsections (b)
and (c) for up to 90 days. Following these consultations, the
President shall impose sanctions immediately unless the
President determines and certifies to the Congress that that
government has taken specific and effective actions, including
appropriate penalties, to terminate the involvement of the
foreign person in the activities described in subsection (a).
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 that government is in the process of
taking the actions described in the preceding sentence.
``(3) Report to congress.--Not later than 90 days after the
application of sanctions under this section, the President
shall submit to the Committee on Foreign Relations and the
Committee on Governmental Affairs of the Senate and the
Committee on Foreign Affairs of the House of Representatives a
report on the status of consultations with the appropriate
government under this subsection, and the basis for any
determination under paragraph (2) of this subsection that such
government has taken specific corrective actions.''.
SEC. 5. SANCTIONS AGAINST CERTAIN FOREIGN COUNTRIES.
Section 1605 is amended--
(1) in subsection (a)--
(A) by inserting ``or to acquire weapons of mass
destruction or the means of their delivery'' after
``destabilizing numbers and types of advanced
conventional weapons''; and
(B) in paragraph (2), by striking ``sanction'' and
inserting ``sanctions'';
(2) in subsection (b), by adding at the end the following
new paragraph:
``(6) Other sanctions.--The President shall apply the same
sanctions described in paragraphs (1) through (4) of section
1604(b), together with the exception described in subsection
(d), with respect to actions of a foreign government;''; and
(3) in subsection (c)--
(A) by striking ``Sanction.--The sanction referred
to in subsection (a)(2) is'' and inserting
``Sanctions.--The sanctions referred to in subsection
(a)(2) are''; and
(B) by adding at the end the following new
paragraphs:
``(3) Denial of most-favored-nation status.--
Notwithstanding any other provision of law, the President may
suspend the application of nondiscriminatory trade agreement
(most-favored-nation status) to the sanctioned country for such
time as the President so determines.
``(4) Diplomatic relations.--The President is urged to
downgrade or suspend diplomatic relations between the United
States and the government of the sanctioned country.
``(5) Suspension of special trade privileges.--The
President is authorized to suspend special trade privileges
which were extended pursuant to the Generalized Systems of
Preferences or the Caribbean Basin Initiative.
``(6) Suspension of trade agreements.--The President is
authorized to suspend any trade agreement with the sanctioned
country.
``(7) Revocations of licenses for export of nuclear
material.--The Nuclear Regulatory Commission is authorized to
revoke any license for the export of nuclear material pursuant
to a nuclear cooperation agreement with the sanctioned country.
``(8) Presidential action regarding aviation.--(A)(i) The
President is authorized to notify the government of a
sanctioned country of his intention to suspend the authority of
foreign air carriers owned or controlled by the government of
that country to engage in foreign air transportation to or from
the United States.
``(ii) The President is authorized to direct the Secretary
of Transportation to suspend at the earliest possible date the
authority of any foreign air carrier owned or controlled,
directly or indirectly, by that government to engage in foreign
air transportation to or from the United States,
notwithstanding any agreement relating to air services.
``(B)(i) The President may direct the Secretary of State to
terminate any air service agreement between the United States
and a sanctioned country in accordance with the provisions of
that agreement.
``(ii) Upon termination of an agreement under this
subparagraph, the Secretary of Transportation is authorized to
take such steps as may be necessary to revoke at the earliest
possible date the right of any foreign air carrier owned, or
controlled, directly or indirectly, by the government of that
country to engage in foreign air transportation to or from the
United States.
``(C) The President may direct the Secretary of
Transportation to provide for such exceptions from this
subsection as the President considers necessary to provide for
emergencies in which the safety of an aircraft or its crew or
passengers is threatened.
``(D) For purposes of this paragraph, the terms `aircraft',
`air carrier', `air transportation', and `foreign air carrier'
have the meanings given those terms in section 101 of the
Federal Aviation Act of 1958 (49 U.S.C. 1301).
``(9) Other sanctions.--The President may apply the
sanctions described in section 1605(c) with respect to actions
of a foreign government.''.
SEC. 6. WAIVER.
Section 1606 is amended--
(1) by striking ``waiver'' each place it appears and
inserting ``termination, modification, and waiver''; and
(2) by striking ``waive'' each place it appears and
inserting ``modify or waive''.
SEC. 7. TERMINATION OF SANCTIONS.
The Act is amended by inserting after section 1606 the following
new section:
``SEC. 1606A. TERMINATION OF SANCTIONS.
``Except as otherwise provided in this title, the sanctions imposed
pursuant to section 1604(a)(1) shall apply for a period of at least 24
months following the imposition of sanctions and shall cease to apply
thereafter only if the President determines and certifies to the
Congress that--
``(1) reliable information indicates that the sanctioned
person or government has ceased to violate this Act; and
``(2) the President has received reliable assurances from
the sanctioned person or government that such person or
government will not, in the future, violate this Act.''.
SEC. 8. RULES AND REGULATIONS.
The Act is amended by inserting after section 1607 the following
new section:
``SEC. 1607A. RULES AND REGULATIONS.
``The President is authorized to prescribe such rules and
regulations as the President may require to carry out this Act.''.
SEC. 9. DEFINITIONS.
Section 1608 is amended by adding at the end the following new
paragraphs:
``(8) The term `goods or technology' includes any item of the type
that is listed on the Nuclear Referral List under section 309(c) of the
Nuclear Non-Proliferation Act of 1978, the United States Munitions List
(established in section 38 of the Arms Export Control Act), or the MTCR
Annex (as defined in section 74(4) of the Arms Export Control Act) or
any item that is subject to licensing by the Nuclear Regulatory
Commission.
``(9) The term `United States' includes territories and possessions
of the United States and the customs waters of the United States, as
defined in section 401 of the Tariff Act of 1930 (19 U.S.C. 1401).
``(10) The term `weapons of mass destruction' includes nuclear,
chemical, and biological weapons, bomber aircraft with a range in
excess of 600 nautical miles, missiles, and missile equipment and
technology.''.
SEC. 10. CONFORMING AMENDMENT.
Section 1602(a) is amended by striking ``chemical, biological,
nuclear,'' and inserting ``weapons of mass destruction''.
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