NATIONAL DEFENSE AUTHORIZATION ACT
FOR FISCAL YEAR 1993
FINAL VERSION (ENROLLED BILL) AS PASSED
BY BOTH HOUSE AND SENATE
H.R.5006 / P.L. 102-484
October 23, 1992
TITLE XVI--IRAN-IRAQ ARMS NON-PROLIFERATION ACT OF 1992
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, the Nuclear Non-Proliferation Act of 1978, the Chemical and Biological Weapons Control and Warfare Elimination Act of 1991, chapter 7 of the Arms Export Control Act, 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), 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 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 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), 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, 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) ANNUAL REPORT- Beginning one year after the date of the enactment of this Act, and every 12 months thereafter, the President shall 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 detailing--
(1) all transfers or retransfers made by any person or foreign government during the preceding 12-month period which are subject to any sanction under this title; and
(2) the actions the President intends to undertake or has undertaken pursuant to this title with respect to each such transfer.
(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, other than--
(i) urgent humanitarian assistance or medicine, and
(ii) assistance under chapter 11 of part I (as enacted by the Freedom for Russia and Emerging Eurasian Democracies and Open Markets Support Act of 1992);
(B) sales and assistance under the Arms Export Control Act;
(C) financing by the Commodity Credit Corporation for export sales of agricultural commodities; and
(D) financing under the Export-Import Bank Act.