PUBLIC LAW 109–112—NOV. 22, 2005

IRAN NONPROLIFERATION AMENDMENTS

ACT OF 2005

119 STAT. 2366 PUBLIC LAW 109–112—NOV. 22, 2005

Public Law 109–112

109th Congress

An Act

To make amendments to the Iran Nonproliferation Act of 2000 related to International Space Station payments, and for other purposes.

Be it enacted by the Senate and House of Representatives of

the United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

This Act may be cited as the ‘‘Iran Nonproliferation Amendments Act of 2005’’.

SEC. 2. FINDINGS.

Congress makes the following findings:

(1) The Director of Central Intelligence’s most recent

Unclassified Report to Congress on the Acquisition of Technology Relating to Weapons of Mass Destruction and Advanced

Conventional Munitions, 1 July Through 31 December 2003,

states ‘‘Russian entities during the reporting period continued

to supply a variety of ballistic missile-related goods and technical know-how to countries such as Iran, India, and China.

Iran’s earlier success in gaining technology and materials from

Russian entities helped accelerate Iranian development of the

Shahab-3 MRBM, and continuing Russian entity assistance

has supported Iranian efforts to develop new missiles and

increase Tehran’s self-sufficiency in missile production.’’

(2) Vice Admiral Lowell E. Jacoby, the Director of the

Defense Intelligence Agency, stated in testimony before the

Select Committee on Intelligence of the Senate on February

16, 2005, that ‘‘Tehran probably will have the ability to produce

nuclear weapons early in the next decade’’.

(3) Iran has—

(A) failed to act in accordance with the Agreement

Between Iran and the International Atomic Energy Agency

for the Application of Safeguards in Connection with the

Treaty on the Non-Proliferation of Nuclear Weapons, done

at Vienna June 19, 1973 (commonly referred to as the

‘‘Safeguards Agreement’’);

(B) acted in a manner inconsistent with the Protocol

Additional to the Agreement Between Iran and the International Atomic Energy Agency for the Application of Safeguards, signed at Vienna December 18, 2003 (commonly

referred to as the ‘‘Additional Protocol’’);

(C) acted in a manner inconsistent with its obligations

under the Treaty on the Non-Proliferation of Nuclear

Weapons, done at Washington, London, and Moscow July

Lowell E. Jacoby.

Iran

Nonproliferation

Amendments Act

of 2005.

Russian

Federation.

50 USC 1701

note.

Nov. 22, 2005

[S. 1713]

PUBLIC LAW 109–112—NOV. 22, 2005 119 STAT. 2367

1, 1968, and entered into force March 5, 1970 (commonly

referred to as the ‘‘Nuclear Non-Proliferation Treaty’’); and

(D) resumed uranium conversion activities, thus ending

the confidence building measures it adopted in its

November 2003 agreement with the foreign ministers of

the United Kingdom, France, and Germany.

(4) On September 24, 2005, the Board of Governors of

the International Atomic Energy Agency (IAEA) formally

declared that Iranian actions constituted noncompliance with

its nuclear safeguards obligations, and that Iran’s history of

concealment of its nuclear activities has given rise to questions

that are within the purview of the United Nations Security

Council.

(5) The executive branch has on multiple occasions used

the authority provided under section 3 of the Iran Nonproliferation Act of 2000 (Public Law 106–178; 50 U.S.C. 1701 note)

to impose sanctions on entities that have engaged in activities

in violation of restrictions in the Act relating to—

(A) the export of equipment and technology controlled

under multilateral export control lists, including under the

Australia Group, Chemical Weapons Convention, Missile

Technology Control Regime, Nuclear Suppliers Group, and

the Wassenaar Arrangement or otherwise having the potential to make a material contribution to the development

of weapons of mass destruction or cruise or ballistic missile

systems to Iran; and

(B) the export of other items to Iran with the potential

of making a material contribution to Iran’s weapons of

mass destruction programs or on United States national

control lists for reasons related to the proliferation of

weapons of mass destruction or missiles.

(6) The executive branch has never made a determination

pursuant to section 6(b) of the Iran Nonproliferation Act of

2000 that—

(A) it is the policy of the Government of the Russian

Federation to oppose the proliferation to Iran of weapons

of mass destruction and missile systems capable of delivering such weapons;

(B) 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 Iran

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

(C) no entity under the jurisdiction or control of the

Government of the Russian Federation, has, during the

1-year period prior to the date of the determination pursuant to section 6(b) of such Act, made transfers to Iran

reportable under section 2(a) of the Act.

(7) On June 29, 2005, President George W. Bush issued

Executive Order 13382 blocking property of weapons of mass

destruction proliferators and their supporters, and used the

authority of such order against 4 Iranian entities, Aerospace

Industries Organization, Shahid Hemmat Industrial Group,

George W. Bush.

119 STAT. 2368 PUBLIC LAW 109–112—NOV. 22, 2005

Shahid Bakeri Industrial Group, and the Atomic Energy

Organization of Iran, that have engaged, or attempted to

engage, in activities or transactions that have materially

contributed to, or pose a risk of materially contributing to,

the proliferation of weapons of mass destruction or their means

of delivery (including missiles capable of delivering such

weapons), including efforts to manufacture, acquire, possess,

develop, transport, transfer, or use such items.

SEC. 3. AMENDMENTS TO IRAN NONPROLIFERATION ACT OF 2000

RELATED TO INTERNATIONAL SPACE STATION PAYMENTS.

(a) TREATMENT OF CERTAIN PAYMENTS.—Section 7(1)(B) of the

Iran Nonproliferation Act of 2000 (Public Law 106–178; 50 U.S.C.

1701 note) is amended—

(1) by striking the period at the end and inserting a comma;

and

(2) by adding at the end the following:

‘‘except that such term does not mean payments in cash or

in kind made or to be made by the United States Government

prior to January 1, 2012, for work to be performed or services

to be rendered prior to that date necessary to meet United

States obligations under the Agreement Concerning Cooperation on the Civil International Space Station, with annex,

signed at Washington January 29, 1998, and entered into force

March 27, 2001, or any protocol, agreement, memorandum of

understanding, or contract related thereto.’’.

(b) EXCEPTION.—Section 6(h) of the Iran Nonproliferation Act

of 2000 (Public Law 106–178; 50 U.S.C. 1701 note) is amended

by inserting after ‘‘extraordinary payments in connection with the

International Space Station’’ the following: ‘‘, or any other payments

in connection with the International Space Station,’’.

(c) REPORTING REQUIREMENTS.—Section 6 of the Iran Nonproliferation Act of 2000 (Public Law 106–178; 50 U.S.C. 1701

note) is amended by adding at the end the following new subsection:

‘‘(i) REPORT ON CERTAIN PAYMENTS RELATED TO INTERNATIONAL

SPACE STATION.—

‘‘(1) IN GENERAL.—The President shall, together with each

report submitted under section 2(a), submit to the Committee

on Foreign Relations of the Senate and the Committee on

International Relations of the House of Representatives a report

that identifies each Russian entity or person to whom the

United States Government has, since the date of the enactment

of the Iran Nonproliferation Amendments Act of 2005, 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

President.

PUBLIC LAW 109–112—NOV. 22, 2005 119 STAT. 2369

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. 4. AMENDMENTS TO THE IRAN NONPROLIFERATION ACT OF 2000

TO MAKE SUCH ACT APPLICABLE TO IRAN AND SYRIA.

(a) REPORTS ON PROLIFERATION RELATING TO IRAN OR SYRIA.—

Section 2 of the Iran Nonproliferation Act of 2000 (Public Law

106–178; 50 U.S.C. 1701 note) is amended—

(1) in the heading, by striking ‘‘TO IRAN’’ and inserting

‘‘RELATING TO IRAN AND SYRIA’’; and

(2) in subsection (a)—

(A) in the matter preceding paragraph (1)—

(i) by inserting ‘‘or acquired from’’ after ‘‘transferred to’’; and

(ii) by inserting after ‘‘Iran’’ the following: ‘‘, or

on or after January 1, 2005, transferred to or acquired

from Syria’’; and

(B) in paragraph (2), by inserting after ‘‘Iran’’ the following: ‘‘or Syria, as the case may be,’’.

(b) DETERMINATION EXEMPTING FOREIGN PERSONS FROM CERTAIN MEASURES.—Section 5(a) of the Iran Nonproliferation Act of

2000 (Public Law 106–178; 50 U.S.C. 1701 note) is amended—

(1) in paragraph (1), by striking ‘‘transfer to Iran’’ and

inserting ‘‘transfer to or acquire from Iran or Syria, as the

case may be,’’; and

(2) in paragraph (2), by striking ‘‘Iran’s efforts’’ and

inserting ‘‘the efforts of Iran or Syria, as the case may be,’’.

(c) RESTRICTION ON EXTRAORDINARY PAYMENTS IN CONNECTION

WITH THE INTERNATIONAL SPACE STATION.—Section 6(b) of the Iran

Nonproliferation Act of 2000 (Public Law 106–178; 50 U.S.C. 1701

note) is amended—

(1) in the heading, by striking ‘‘TO IRAN’’ and inserting

‘‘RELATING TO IRAN AND SYRIA’’;

(2) in paragraphs (1) and (2), by striking ‘‘to Iran’’ each

place it appears and inserting ‘‘to or from Iran and Syria’’;

and

(3) in paragraph (3), by striking ‘‘to Iran’’ and inserting

‘‘to or from Iran or Syria’’.

(d) DEFINITIONS.—Section 7(2) of the Iran Nonproliferation Act

of 2000 (Public Law 106–178; 50 U.S.C. 1701 note) is amended—

(1) in subparagraph (C) to read as follows:

‘‘(C) any foreign government, including any foreign

governmental entity; and’’; and

(2) in subparagraph (D), by striking ‘‘subparagraph (B)

or (C)’’ and inserting ‘‘subparagraph (A), (B), or (C), including

any entity in which any entity described in any such subparagraph owns a controlling interest’’.

(e) SHORT TITLE.—

(1) AMENDMENT.—Section 1 of the Iran Nonproliferation

Act of 2000 (Public Law 106–178; 50 U.S.C. 1701 note) is

119 STAT. 2370 PUBLIC LAW 109–112—NOV. 22, 2005

LEGISLATIVE HISTORY—S. 1713:

CONGRESSIONAL RECORD, Vol. 151 (2005):

Sept. 21, considered and passed Senate.

Oct. 26, considered and passed House, amended.

Nov. 8, Senate concurred in House amendments.

Æ

amended by striking ‘‘Iran Nonproliferation Act of 2000’’ and

inserting ‘‘Iran and Syria Nonproliferation Act’’.

(2) REFERENCES.—Any reference in a law, regulation, document, or other record of the United States to the Iran Nonproliferation Act of 2000 shall be deemed to be a reference

to the Iran and Syria Nonproliferation Act.

Approved November 22, 2005.

22 USC 2797b

note; 50 USC

1701 note.