I 

109TH CONGRESS 

1ST SESSION H. R. 3100 

To authorize measures to deter arms transfers by foreign countries to the 

People’s Republic of China. 

IN THE HOUSE OF REPRESENTATIVES 

JUNE 29, 2005 

Mr. HYDE (for himself, Mr. LANTOS, Mr. HUNTER, Mr. FALEOMAVAEGA, Ms. 

ROS-LEHTINEN, Mr. MCCOTTER, Mrs. JO ANN DAVIS of Virginia, Mr. 

BURTON of Indiana, Mr. SMITH of New Jersey, Mr. MCCAUL of Texas, 

Ms. HARRIS, Mr. WELLER, Mr. BOOZMAN, and Mr. ISSA) introduced the 

following bill; which was referred to the Committee on International Relations 

A BILL 

To authorize measures to deter arms transfers by foreign 

countries to the People’s Republic of China. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘East Asia Security 

5 Act of 2005’’. 

6 SEC. 2. STATEMENTS OF POLICY. 

7 Congress— 
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1 (1) previously expressed its strong concerns in 

2 House Resolution 57 of February 2, 2005, and Sen3 ate Resolution 91 of March 17, 2005, with the 

4 transfer of armaments and related technology to the 

5 People’s Republic of China by member states of the 

6 European Union, which increased eightfold from 

7 2001 to 2003, and with plans to terminate in the 

8 near future the arms embargo they imposed in 1989 

9 following the Tiananmen Square massacre; 

10 (2) welcomes deferral of a decision by the Euro11 pean Council to terminate its arms embargo fol12 lowing adoption of those Resolutions, the President’s 

13 visit to Europe, and growing concern among coun14 tries in the regions and the general public on both 

15 sides of the Atlantic; 

16 (3) welcomes the decision by the European Par17 liament on April 14, 2005, by a vote of 421 to 85, 

18 to oppose the lifting of the European Union’s arms 

19 embargo on the People’s Republic of China, and res20 olutions issued by a number of elected parliamentary 

21 bodies in Europe also opposing the lifting of the 

22 arms embargo; 

23 (4) also welcomes the onset of a strategic dia24 logue between the European Commission and the 

25 Government of the United States on the security sit-
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1 uation in East Asia, through which it is hoped a 

2 greater understanding will emerge of the con3 sequences of European assistance to the military 

4 buildup of the People’s Republic of China for peace 

5 and stability in that region, to the security interests 

6 of the United States and its friends and allies in the 

7 region, and, in particular, to the safety of United 

8 States Armed Forces whose presence in the region 

9 has been a decisive factor in ensuring peace and 

10 prosperity since the end of World War II; 

11 (5) hopes that a more intensive dialogue with 

12 Europe on this matter will clarify for United States 

13 friends and allies in Europe how their ‘‘non-lethal’’ 

14 arms transfers improve the force projection of the 

15 People’s Republic of China, are far from benign, and 

16 enhance the prospects for the threat or use of force 

17 in resolving the status of Taiwan, a troubling pros18 pect made more ominous by recent adoption of a 

19 new law by the Chinese National People’s Congress 

20 expressly authorizing the use of force; 

21 (6) also hopes that this dialogue will result in 

22 an important new consensus between the United 

23 States and its European partners on the need for co24 ordinated policies which encourage the development 

25 of democracy in the People’s Republic of China and 
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1 which discourage, not assist, China’s unjustified 

2 military buildup and pursuit of weapons that threat3 en its neighbors; 

4 (7) however, deeply regrets that none of the 

5 European friends and allies of the United States 

6 who have been transferring arms to the People’s Re7 public of China has announced a cessation or even 

8 a temporary halt to those transfers while this new 

9 dialogue with the United States ensues, and notes 

10 with concern that such European friends and allies 

11 have provided little, if any, transparency to the 

12 United States Government into the full range and 

13 capabilities of all of the armaments and related tech14 nology that they have transferred to date and con15 tinue even now to do so; 

16 (8) is further troubled by public reports describ17 ing well known European companies as suppliers to 

18 weapons programs of the People’s Republic of 

19 China, who are also participants in numerous sen20 sitive United States Government weapons programs, 

21 and the increased risks of diversion of United States 

22 weapons technology to China inherent in such an 

23 undesirable situation; and 

24 (9) in view of the gravity of European arms 

25 sales to the People’s Republic of China, which have 
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1 not abated, believes it is necessary to make provision 

2 for greater scrutiny and oversight with respect to 

3 those areas of international armament cooperation 

4 that present increased levels of risk to the security 

5 interests of the United States and to authorize ap6 propriate measures which the President may drawn 

7 on in deterring foreign support for China’s military 

8 buildup in order to safeguard the national security 

9 interests of the United States and peace and secu10 rity in East Asia. 

11 SEC. 3. REPORT ON FOREIGN MILITARY EXPORTS TO 

12 CHINA. 

13 (a) REPORT.—The President shall, at the times spec14 ified in subsection (b), transmit to the appropriate con15 gressional committees a report that identifies every person 

16 of a member country of the European Union, and any 

17 other foreign person the President may consider appro18 priate, with respect to whom there is credible information 

19 indicating that the person, on or after January 1, 2005, 

20 exported to— 

21 (1) the People’s Republic of China any item on 

22 the Wassenaar Munitions List of July 12, 1996, and 

23 subsequent revisions; or 

24 (2) the military, intelligence, or other security 

25 forces of the People’s Republic of China— 
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1 (A) any item on the Wassenaar List of 

2 Dual Use Goods and Technologies of July 12, 

3 1996, and subsequent revisions; or 

4 (B) any other dual use item if the item is 

5 intended, entirely or in part, for use with an 

6 item described in paragraph (1). 

7 (b) TIMING OF REPORT.—The report required under 

8 subsection (a) shall be transmitted not later than 180 days 

9 after the date of the enactment of this Act and not later 

10 than the end of each 12-month period thereafter. 

11 (c) EXCEPTIONS.—A foreign person is not required 

12 to be identified in a report required under subsection (a) 

13 if the person— 

14 (1) was identified in a previous report trans15 mitted under subsection (a) on account of a par16 ticular export, except to the extent that the export 

17 may have continued, involved additional transfers, or 

18 was larger, more significant, or different in nature 

19 than described in the previous report; 

20 (2) was engaged solely in an export on behalf 

21 of, or in concert with, the Government of the United 

22 States; or 

23 (3) was engaged in an export which, as deter24 mined by the President, would be exempt from the 

25 restrictions of section 902(a) of the Foreign Rela-
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1 tions Authorization Act, Fiscal Years 1990 and 

2 1991 (Public Law 101–246; 22 U.S.C. 2151 note), 

3 if the export were subject to the jurisdiction of the 

4 United States, by reason of the issuance of a report 

5 under section 902(b) of such Act. 

6 (d) FORM.—If the President considers it appropriate, 

7 reports transmitted under subsection (a), or appropriate 

8 parts thereof, may be transmitted in classified form. 

9 SEC. 4. REPORT ON CHINA ARMS TRANSFER POLICIES OF 

10 COUNTRIES PARTICIPATING IN UNITED 

11 STATES DEFENSE COOPERATIVE PROJECTS; 

12 CERTAIN LICENSE REQUIREMENTS. 

13 (a) STATEMENT OF POLICY.—Congress is concerned 

14 with the significant additional risk of unlawful use and 

15 diversion of sensitive United States weapons system re16 search, design, and development arising from cooperative 

17 research and development projects with foreign govern18 ments and foreign persons who may also transfer arms 

19 and related technology to the People’s Republic of China. 

20 (b) REPORT.—The President shall, at the times spec21 ified in subsection (c), transmit to the appropriate con22 gressional committees a report that— 

23 (1) identifies every foreign government with re24 spect to which the United States is carrying out a 

25 cooperative project described in subsection (d) and 
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1 whose policies or practices, on or after the date of 

2 the enactment of this Act, permit the export of any 

3 item described in paragraph (1), or subparagraph 

4 (A) or (B) of paragraph (2), of section 3(a); and 

5 (2) describes the cooperative projects and poli6 cies or practices referred to in paragraph (1) of 

7 every foreign government identified under such para8 graph. 

9 (c) TIMING OF REPORT.—The report required under 

10 subsection (b)— 

11 (1) shall be transmitted not later than 180 days 

12 after the date of the enactment of this Act and not 

13 later than the end of each 12-month period there14 after; and 

15 (2) may be included in the report required 

16 under section 3, as the President determines appro17 priate. 

18 (d) COOPERATIVE PROJECTS.—The cooperative 

19 projects referred to in subsection (b) are projects carried 

20 out under section 27 of the Arms Export Control Act (22 

21 U.S.C. 2767) or section 2350a, 2358, or a memorandum 

22 of understanding under section 2531 of title 10, United 

23 States Code. 

24 (e) LICENSE REQUIREMENTS.— 
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1 (1) REQUIREMENT.—Notwithstanding any 

2 other provision of law, a license under section 38 of 

3 the Arms Export Control Act (22 U.S.C. 2778) shall 

4 be required for the export of defense articles or de5 fense services by any person who is not an officer or 

6 employee of the Government of the United States in 

7 furtherance of a cooperative project described in 

8 subsection (d) with a country identified in a report 

9 transmitted under subsection (b). 

10 (2) CONGRESSIONAL NOTIFICATION.—The 

11 issuance of a license pursuant to paragraph (1) shall 

12 be subject to the same requirements as are applica13 ble to the export of items described in section 36(c) 

14 of the Arms Export Control Act (22 U.S.C. 2776(c)) 

15 (without regard to the dollar amount requirements 

16 relating to contracts contained in such section), in17 cluding the transmittal of information and the appli18 cation of congressional review procedures in accord19 ance with such section. 

20 SEC. 5. CERTAIN FOREIGN OWNERSHIP AND CONTROL OF 

21 DEFENSE ARTICLES IN THE UNITED STATES. 

22 (a) STATEMENT OF POLICY.—Congress determines 

23 that special care should be taken by the United States 

24 with respect to foreign persons who sell arms and related 

25 technology to the People’s Republic of China, while simul-
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1 taneously seeking ownership of United States defense arti2 cles or defense services, including the results of United 

3 States Government funded defense research and develop4 ment, through the acquisition or control of United States 

5 defense firms, directly or through their subsidiaries and 

6 affiliates based in the United States. 

7 (b) LICENSE REQUIREMENTS.— 

8 (1) REQUIREMENT.—The President shall re9 quire a license pursuant to regulations issued under 

10 section 38(g)(6) of the Arms Export Control Act (22 

11 U.S.C. 2778(g)(6)) for the transfer of ownership or 

12 control of United States defense articles or defense 

13 services arising from the acquisition or control of a 

14 person required to be registered under section 

15 38(b)(1) of such Act (22 U.S.C. 2778(b)(1)), or any 

16 subsidiary, division, affiliate or other entity thereof, 

17 whenever the person gaining acquisition or control 

18 is— 

19 (A) a foreign national of the People’s Re20 public of China or a foreign person otherwise 

21 subject to the jurisdiction, ownership, or control 

22 of the People’s Republic of China; 

23 (B) a foreign person identified in a report 

24 transmitted under section 3 or having its prin-
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1 cipal place of business in a country described in 

2 a report transmitted under section 4; or 

3 (C) a United States person owned or con4 trolled by a foreign person, including a sub5 sidiary or affiliate of a foreign person described 

6 in subparagraph (B). 

7 (2) ADDITIONAL REQUIREMENT.—A license 

8 under section 38(g)(6) of the Arms Export Control 

9 Act for a person described in paragraph (1)(A) shall 

10 not be issued until 30 days after the date on which 

11 the President transmits a report that contains a de12 termination of the President that— 

13 (A) the Government of the People’s Repub14 lic of China meets the requirements of section 

15 902(b)(1) of the Foreign Relations Authoriza16 tion Act, Fiscal Years 1990 and 1991 (Public 

17 Law 101–246; 22 U.S.C. 2151 note); or 

18 (B) it is in the national interest of the 

19 United States to issue the license. 

20 (c) CONGRESSIONAL NOTIFICATION.—The issuance 

21 of a license pursuant to subsection (b) shall be subject 

22 to the same requirements as are applicable to the export 

23 of items described in section 36(c) of the Arms Export 

24 Control Act (22 U.S.C. 2776(c)) (without regard to the 

25 dollar amount requirements relating to contracts con-
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1 tained in such section), including the transmittal of infor2 mation and the application of congressional review proce3 dures in accordance with such section. 

4 (d) EXCEPTION.—The issuance of a license pursuant 

5 to subsection (b) shall not be required in the case of an 

6 amendment to a munitions license or a change in registra7 tion arising from a sale or transfer of ownership or control 

8 of United States defense articles or defense services to a 

9 person described in subparagraph (A), (B), or (C) of sub10 section (b)(1) that was approved prior to the date of en11 actment of this Act unless the President determines that 

12 it is in the national security interests of the United States 

13 to require the issuance of a new license pursuant to sub14 section (b). 

15 SEC. 6. CHINESE MILITARY END USE OF DUAL USE EX16 PORTS. 

17 (a) STATEMENT OF POLICY.—Congress welcomes the 

18 understanding reached at the Wassenaar Arrangement’s 

19 December 2003 plenary meeting to require governmental 

20 authorization for the transfer of non-listed dual use items 

21 intended for military end use in a destination subject to 

22 any relevant regional arms embargo or to any United Na23 tions Security Council resolution. 

24 (b) LICENSE REQUIREMENT.— 
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1 (1) REQUIREMENT.—The President shall re2 quire a license under the Export Administration 

3 Regulations for the export of any item described in 

4 paragraph (1), or subparagraph (A) or (B) of para5 graph (2), of section 3(a) that is not subject to a li6 cense under section 38 of the Arms Export Control 

7 Act (22 U.S.C. 2778) if the item is intended for 

8 military end use by the People’s Republic of China. 

9 (2) SENSE OF CONGRESS.—It is the sense of 

10 Congress that the President should not approve a li11 cense pursuant to paragraph (1) unless the Presi12 dent determines that approval is important to 

13 counterterrorism, nonproliferation, or other national 

14 security interests of the United States. 

15 (c) CONGRESSIONAL NOTIFICATION.—The issuance 

16 of a license pursuant to subsection (b) shall be subject 

17 to the same requirements as are applicable to the export 

18 of items described in section 36(c) of the Arms Export 

19 Control Act (22 U.S.C. 2776(c)) (without regard to the 

20 dollar amount requirements relating to contracts con21 tained in such section), including the transmittal of infor22 mation and the application of congressional review proce23 dures in accordance with such section. 

24 (d) DEFINITION.—In this section, the term ‘‘military 

25 end use’’ means, with respect to an item, the item is or 
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1 may be intended, entirely or in part, for use in conjunction 

2 with an item described on the Wassenaar Munitions List 

3 of July 12, 1996, and subsequent revisions. 

4 SEC. 7. APPLICATION OF MEASURES TO CERTAIN FOREIGN 

5 PERSONS. 

6 (a) APPLICATION OF MEASURES.—Subject to sec7 tions 8 and 9, the President may apply with respect to 

8 any foreign person (including a foreign government) iden9 tified in a report transmitted under section 3, and shall 

10 apply with respect to any foreign person (including a for11 eign government) identified in more than one report trans12 mitted under section 3, any or all of the following meas13 ures: 

14 (1) RESEARCH AND DEVELOPMENT.—Denial of 

15 participation in existing and new cooperative re16 search and development programs and projects 

17 under section 27 of the Arms Export Control Act 

18 (22 U.S.C. 2767) or sections 2350a, 2358, or a 

19 memorandum of understanding under 2531 of title 

20 10, United States Code. 

21 (2) CONTROL OF UNITED STATES DEFENSE

22 FIRMS.—Prohibition of ownership and control of any 

23 business organization required to be registered with 

24 the United States Government as a manufacturer or 

25 exporter of defense articles or defense services under 
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1 section 38(b)(1) of the Arms Export Control Act (22 

2 U.S.C. 2778(b)(1)). 

3 (3) SECURITY ASSISTANCE.—Prohibition on 

4 participation in any foreign military sales under 

5 chapter 2 of the Arms Export Control Act (22 

6 U.S.C. 2761 et seq.) or any design and construction 

7 sales under chapter 2A of such Act (22 U.S.C. 

8 2769). 

9 (4) MUNITIONS LIST APPROVALS.—Prohibition 

10 on licenses and other forms of approval under sec11 tion 38 of the Arms Export Control Act (22 U.S.C. 

12 2778) for the export of any item on the United 

13 States Munitions List as in effect on August 8, 

14 1995. 

15 (5) DUAL USE APPROVALS.—Prohibition on li16 censes and other forms of approval for dual use 

17 goods or technology, the export of which is con18 trolled under the Export Administration Act of 1979 

19 (as continued in effect under the International 

20 Emergency Economic Powers Act) or the Export 

21 Administration Regulations. 

22 (b) APPLICATION OF ADDITIONAL MEASURES.—Sub23 ject to sections 8 and 9, and notwithstanding any other 

24 provision of law, the President may, with respect to any 

25 foreign person (including a foreign government) identified 
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1 in a report transmitted under section 3, and shall, with 

2 respect to any foreign person (including a foreign govern3 ment) identified in more than one report transmitted 

4 under section 3— 

5 (1) suspend the use of any license exemption 

6 and expedited license procedure established in the 

7 International Traffic in Arms Regulations or other 

8 provisions of law for the export or temporary import 

9 of defense articles and defense services; 

10 (2) require the execution of a non-transfer and 

11 end use certificate for the export of any defense arti12 cles and defense services; and 

13 (3) require, as a condition of issuance of any li14 cense for the export of defense articles and defense 

15 services, United States access to and verification of 

16 the items after the export of the items or alternative 

17 measures to ensure compliance with restrictions on 

18 the transfer of the items to third-parties. 

19 (c) EFFECTIVE DATE OF MEASURES.—Measures ap20 plied pursuant to subsection (a) or (b) shall be effective 

21 with respect to a foreign person (including a foreign gov22 ernment) no later than— 

23 (1) 30 days after the report identifying the for24 eign person is transmitted, if the report is trans-
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1 mitted on or before the date required by section 

2 3(b); or 

3 (2) on the date that the report identifying the 

4 foreign person is transmitted, if the report is trans5 mitted more than 30 days after the date required by 

6 section 3(b). 

7 (d) DURATION OF MEASURES.—Measures applied 

8 pursuant to subsection (a) shall be for a period of 2 years 

9 or longer, as the President determines appropriate. Meas10 ures applied pursuant to subsection (b) shall be, at a min11 imum, consistent with the duration of the license and the 

12 normal requirements for record keeping established in the 

13 International Traffic in Arms Regulations or longer, as 

14 the President determines appropriate. 

15 (e) PUBLICATION IN FEDERAL REGISTER.—The ap16 plication of measures to a foreign person pursuant to sub17 section (a) or (b) shall be announced by notice published 

18 in the Federal Register, except if the President determines 

19 that doing so would be inconsistent with the protection 

20 of classified information. 

21 SEC. 8. PROCEDURES IF DISCRETIONARY MEASURES ARE 

22 NOT APPLIED. 

23 (a) REQUIREMENT TO NOTIFY CONGRESS.—If the 

24 President does not exercise the authority of subsection (a) 

25 or (b) of section 7 to apply any or all of the discretionary 
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1 measures described in such subsection with respect to a 

2 foreign person identified in a report transmitted under 

3 section 3, the President shall so notify the appropriate 

4 congressional committees not later than the effective date 

5 under section 7(c) for measures with respect to that per6 son. 

7 (b) WRITTEN JUSTIFICATION.—Any notification 

8 transmitted by the President under subsection (a) shall 

9 include a written justification describing in detail the facts 

10 and circumstances relating specifically to the foreign per11 son identified in a report transmitted under section 3 that 

12 support the President’s decision not to exercise the au13 thority of subsection (a) or (b) of section 7 with respect 

14 to that person. 

15 (c) FORM.—If the President considers it appropriate, 

16 the notification of the President under subsection (a), and 

17 the written justification under subsection (b), or appro18 priate parts thereof, may be transmitted in classified form. 

19 SEC. 9. DETERMINATIONS EXEMPTING FOREIGN PERSONS 

20 FROM MANDATORY MEASURES. 

21 (a) WAIVER.—Any mandatory measure described in 

22 section 7 shall not apply with respect to a foreign person 

23 if the President transmits to the appropriate congressional 

24 committees a report that contains a determination of the 

25 President that— 
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1 (1) on the basis of information provided by that 

2 person or the foreign government having primary ju3 risdiction over the person, the person did not, on or 

4 after January 1, 2005, knowingly export to the Peo5 ple’s Republic of China the item the apparent export 

6 of which caused the person to be identified in a re7 port transmitted under section 3; or 

8 (2) the foreign government having primary ju9 risdiction over the person has entered into a written 

10 agreement with the United States which— 

11 (A) is binding under international law; 

12 (B) prohibits further exports of any item 

13 described in paragraph (1), or subparagraph 

14 (A) or (B) of paragraph (2), of section 3(a) by 

15 any person subject to its jurisdiction; 

16 (C) is supported by the foreign govern17 ment’s adoption of policies and procedures pro18 viding for credible implementation of the re19 quirements in subparagraphs (A) and (B); 

20 (D) does not constrain the President’s au21 thority to impose measures under this act in 

22 the event of a future export of concern by the 

23 same or other persons subject to the jurisdic24 tion of the foreign government party to the 

25 agreement; and 
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1 (E) is submitted to the appropriate con2 gressional committees 30 days prior to its entry 

3 into force. 

4 (b) ADDITIONAL WAIVER.—Any mandatory measure 

5 described in section 7 shall not apply to a foreign person 

6 if the President determines that it is important to the 

7 counterterrorism, nonproliferation, or other national secu8 rity interests of the United States and transmits to the 

9 appropriate congressional committees a report in writing 

10 that contains such determination. 

11 (c) SENSE OF CONGRESS.—It is the sense of Con12 gress that the President should— 

13 (1) strengthen international coordination and 

14 execution of arms export policy through the develop15 ment of bilateral and multilateral agreements under 

16 subsection (a)(2), particularly with member states of 

17 the North Atlantic Treaty Organization (NATO), 

18 Japan, Australia and New Zealand, and exercise the 

19 waivers provided under this section in all appro20 priate instances that further this objective; and 

21 (2) whenever the President determines that the 

22 measures described in section 7 should be applied, 

23 that the measures be applied comprehensively with 

24 respect to the affected foreign person’s affiliates and 

25 subsidiaries, wherever located, in order to deter to 
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1 the fullest extent possible a recurrence or continu2 ation of the export giving rise to the President’s de3 termination. 

4 (d) FORM.—If the President considers it appropriate, 

5 the determination and report of the President under sub6 section (a), or appropriate parts thereof, may be trans7 mitted in classified form. 

8 SEC. 10. DEFINITIONS. 

9 In this Act: 

10 (1) APPROPRIATE CONGRESSIONAL COMMIT11 TEES.—The term ‘‘appropriate congressional com12 mittees’’ means— 

13 (A) the Committee on International Rela14 tions and the Committee on Armed Services of 

15 the House of Representatives; and 

16 (B) the Committee on Foreign Relations 

17 and the Committee on Armed Services of the 

18 Senate. 

19 (2) DEFENSE ARTICLES AND DEFENSE SERV20 ICES.—The term ‘‘defense articles and defense serv21 ices’’ has the meaning given the term in section 

22 47(7) of the Arms Export Control Act (22 U.S.C. 

23 2794 note). 

24 (3) DUAL USE.—The term ‘‘dual use’’ means, 

25 with respect to goods or technology, those goods or 
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1 technology that are specifically designed or devel2 oped for civil purposes but which also may be used 

3 or deployed in a military or proliferation mode. Such 

4 term does not include purely commercial items. 

5 (4) EXPORT.—The term ‘‘export’’ has the 

6 meaning given that term in section 120.17 of the 

7 International Traffic in Arms Regulations, and in8 cludes re-exports, transfers, and retransfers by any 

9 means. 

10 (5) EXPORT ADMINISTRATION REGULATIONS.— 

11 The term ‘‘Export Administration Regulations’’ 

12 means those regulations contained in sections 730 

13 through 774 of title 15, Code of Federal Regulations 

14 (or successor regulations). 

15 (6) FOREIGN GOVERNMENT.—The term ‘‘for16 eign government’’ has the meaning given the term in 

17 section 38(g)(9)(B) of the Arms Export Control Act 

18 (22 U.S.C. 2778(g)(9)(B)). 

19 (7) FOREIGN PERSON.—The term ‘‘foreign per20 son’’ has the meaning given the term in section 

21 38(g)(9)(C) of the Arms Export Control Act (22 

22 U.S.C. 2778(g)(9)(C)). 

23 (8) GOOD.—The term ‘‘good’’ has the meaning 

24 given the term in section 16(3) of the Export Ad25 ministration Act of 1979 (50 U.S.C. App. 2415(3)). 
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1 (9) INTERNATIONAL TRAFFIC IN ARMS REGULA2 TIONS.—The term ‘‘International Traffic in Arms 

3 Regulations’’ means those regulations contained in 

4 sections 120 through 130 of title 22, Code of Fed5 eral Regulations (or successor regulations). 

6 (10) ITEM.—The term ‘‘item’’ means any good 

7 or technology, defense article or defense service sub8 ject to the export jurisdiction of the United States 

9 under law or regulation. 

10 (11) LICENSE.—The term ‘‘license’’ means an 

11 official written document of the United States Gov12 ernment issued pursuant to the Export Administra13 tion Regulations or the International Traffic in 

14 Arms Regulations, as the case may be, authorizing 

15 a specific export. 

16 (12) OTHER FORMS OF APPROVAL.—The term 

17 ‘‘other forms of approval’’ includes any authoriza18 tion, rule or exemption contained in any statute or 

19 regulation that permits an export without a license. 

20 (13) OWNERSHIP OR CONTROL.—The term 

21 ‘‘ownership or control’’ has the meaning given the 

22 term in section 122.2(c) of the International Traffic 

23 in Arms Regulations. 

24 (14) PERSON.—The term ‘‘person’’ has the 

25 meaning given the term in section 38(g)(9)(E) of 
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1 the Arms Export Control Act (22 U.S.C. 

2 2778(g)(9)(E)). 

3 (15) TECHNOLOGY.—The term ‘‘technology’’ 

4 has the meaning given the term in section 16(4) of 

5 the Export Administration Act of 1979 (50 U.S.C. 

6 App. 2415(4)). 

7 (16) UNITED STATES MUNITIONS LIST.—The 

8 term ‘‘United States Munitions List’’ means the list 

9 referred to in section 38(a)(1) of the Arms Export 

10 Control Act (22 U.S.C. 2778(a)(1)). 

Æ