I

104TH CONGRESS

2D SESSION H. R. 3109

To amend the Export Administration Act of 1979 with respect to exports

to terrorist countries.

IN THE HOUSE OF REPRESENTATIVES

MARCH 19, 1996

Mr. GEJDENSON introduced the following bill; which was referred to the

Committee on International Relations

A BILL

To amend the Export Administration Act of 1979 with

respect to exports to terrorist countries.

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

3 That section 6(j) of the Export Administration Act of

4 1979 (50 U.S.C. App. 2405(j)) is amended to read as fol5 lows:

6 ‘‘(j) COUNTRIES SUPPORTING INTERNATIONAL TER7 RORISM.—

8 ‘‘(1) PROHIBITION ON EXPORTS.—(A) No ex9 port or reexport described in subparagraph (B) may

10 be made to any country the government of which the
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1 Secretary of State has determined has repeatedly

2 provided support for acts of international terrorism.

3 ‘‘(B) The exports and reexports referred to in

4 subparagraph (A) are—

5 ‘‘(i) of any goods or technology the export

6 of which is controlled under this Act pursuant

7 to the Wassenaar Arrangement, the Missile

8 Technology Control Regime, or the Australia

9 Group, or controlled under this Act pursuant to

10 section 309(c) of the Nuclear Non-Proliferation

11 Act of 1978,

12 ‘‘(ii) of any other goods or technology the

13 export of which is controlled under this Act

14 pursuant to multilateral export control regimes

15 in which the United States participates, and

16 ‘‘(iii) of any goods or technology which

17 could make a significant contribution to the

18 military potential of a country described in sub19 paragraph (A), including its military logistics

20 capability, or could enhance the ability of such

21 country to support acts of international terror22 ism,

23 other than food, medicine, or medical supplies that

24 the President determines will be used only for hu25 manitarian purposes. An individual validated license
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1 shall be required for the export under this para2 graph of any such food, medicine, or medical sup3 plies.

4 ‘‘(C) Subsections (a)(3) and (b) shall not apply

5 to exports prohibited or restricted under this sub6 section.

7 ‘‘(D)(i) The Secretary shall maintain a list of

8 goods and technology described in subparagraph

9 (B)(iii). The Secretary shall review the list of items

10 on that list at least annually. At the conclusion of

11 the review, the Secretary shall determine whether to

12 remove items from the list, change the specifications

13 of items on the list, or add items to the list, in order

14 to ensure that the items on the list meet the require15 ments of subparagraph (B)(iii).

16 ‘‘(ii) The procedures set forth in section 5(c)(3)

17 shall apply to reviews under clause (i) of the list of

18 items described in subparagraph (B)(iii) to the same

19 extent as such section applies to reviews of the con20 trol list under section 5.

21 ‘‘(2) NOTIFICATION OF CONGRESS OF LICENSES

22 ISSUED.—The Secretary and the Secretary of State

23 shall notify the Speaker of the House of Representa24 tives and the Committee on Banking, Housing, and

25 Urban Affairs and the Committee on Foreign Rela-
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1 tions of the Senate at least 30 days before issuing

2 any license under this Act for exports to a country

3 the government of which the Secretary of State has

4 determined has repeatedly provided support for acts

5 of international terrorism.

6 ‘‘(3) PUBLICATION OF DETERMINATIONS.—

7 Each determination of the Secretary of State under

8 paragraph (1)(A) shall be published in the Federal

9 Register.

10 ‘‘(4) RESCISSION OF DETERMINATIONS.—A de11 termination made by the Secretary of State under

12 paragraph (1)(A) may not be rescinded unless the

13 President submits to the Speaker of the House of

14 Representatives and the chairman of the Committee

15 on Banking, Housing, and Urban Affairs and the

16 chairman of the Committee on Foreign Relations of

17 the Senate—

18 ‘‘(A) before the proposed rescission would

19 take effect, a report certifying that—

20 ‘‘(i) there has been a fundamental

21 change in the leadership and policies of the

22 government of the country concerned;

23 ‘‘(ii) that government is not support24 ing acts of international terrorism; and
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1 ‘‘(iii) that government has provided

2 assurances that it will not support acts of

3 international terrorism in the future; or

4 ‘‘(B) at least 45 days before the proposed

5 rescission would take effect, a report justifying

6 the rescission and certifying that—

7 ‘‘(i) the government concerned has not

8 provided any support for international ter9 rorism during the preceding 6-month pe10 riod; and

11 ‘‘(ii) the government concerned has

12 provided assurances that it will not sup13 port acts of international terrorism in the

14 future.

15 ‘‘(5) WAIVER OF PROHIBITIONS.—The Presi16 dent may waive the prohibitions contained in para17 graph (1)(A) with respect to a specific transaction

18 if—

19 ‘‘(A) the President determines that the

20 transaction is essential to the national security

21 interests of the United States; and

22 ‘‘(B) not less than 30 days prior to the

23 proposed transaction, the President—

24 ‘‘(i) consults with the Committee on

25 International Relations of the House of
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1 Representatives and the Committee on

2 Banking, Housing, and Urban Affairs of

3 the Senate regarding the proposed trans4 action; and

5 ‘‘(ii) submits to the Speaker of the

6 House of Representatives and the chair7 man of the Committee on Banking, Hous8 ing, and Urban Affairs of the Senate a re9 port containing—

10 ‘‘(I) the name of any country in11 volved in the proposed transaction,

12 the identity of any recipient of the

13 items to be provided pursuant to the

14 proposed transaction, and the antici15 pated use of those items;

16 ‘‘(II) a description of the items

17 involved in the proposed transaction

18 (including their market value) and the

19 actual sale price at each step in the

20 transaction;

21 ‘‘(III) the reasons why the pro22 posed transaction is essential to the

23 national security interests of the Unit24 ed States and the justification for the

25 proposed transaction;
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1 ‘‘(IV) the date on which the pro2 posed transaction is expected to occur;

3 and

4 ‘‘(V) the name of every United

5 States Government department, agen6 cy, or other entity involved in the pro7 posed transaction, and every foreign

8 government involved in the proposed

9 transaction.

10 To the extent possible, the information specified in

11 clause (ii) of subparagraph (B) shall be provided in

12 unclassified form.

13 ‘‘(6) MULTILATERAL REGIMES.—The Secretary

14 of State, in consultation with appropriate depart15 ments and agencies, shall have a continuing duty to

16 seek support by other countries and by effective mul17 tilateral control regimes of controls imposed by this

18 subsection.

19 ‘‘(7) EFFECT ON OTHER LAWS.—The provisions

20 of this subsection do not affect any other provision

21 of law to the extent such other provision imposes

22 greater restrictions on exports to any country the

23 government of which the Secretary of State has de24 termined has repeatedly provided support for acts of
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1 international terrorism than are imposed under this

2 subsection.’’.

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