PUBLIC LAW 104–172—AUG. 5, 1996 110 STAT. 1541

Public Law 104–172

104th Congress

An Act

To impose sanctions on persons making certain investments directly and significantly

contributing to the enhancement of the ability of Iran or Libya to develop its

petroleum resources, and on persons exporting certain items that enhance Libya’s

weapons or aviation capabilities or enhance Libya’s ability to develop its petroleum

resources, 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 and Libya Sanctions Act

of 1996’’.

SEC. 2. FINDINGS.

The Congress makes the following findings:

(1) The efforts of the Government of Iran to acquire weapons of mass destruction and the means to deliver them and

its support of acts of international terrorism endanger the

national security and foreign policy interests of the United

States and those countries with which the United States shares

common strategic and foreign policy objectives.

(2) The objective of preventing the proliferation of weapons

of mass destruction and acts of international terrorism through

existing multilateral and bilateral initiatives requires additional efforts to deny Iran the financial means to sustain its

nuclear, chemical, biological, and missile weapons programs.

(3) The Government of Iran uses its diplomatic facilities

and quasi-governmental institutions outside of Iran to promote

acts of international terrorism and assist its nuclear, chemical,

biological, and missile weapons programs.

(4) The failure of the Government of Libya to comply with

Resolutions 731, 748, and 883 of the Security Council of the

United Nations, its support of international terrorism, and

its efforts to acquire weapons of mass destruction constitute

a threat to international peace and security that endangers

the national security and foreign policy interests of the United

States and those countries with which it shares common strategic and foreign policy objectives.

SEC. 3. DECLARATION OF POLICY.

(a) POLICY WITH RESPECT TO IRAN.—The Congress declares

that it is the policy of the United States to deny Iran the ability

to support acts of international terrorism and to fund the development and acquisition of weapons of mass destruction and the means

to deliver them by limiting the development of Iran’s ability to

50 USC 1701

note.

50 USC 1701

note.

Iran and Libya

Sanctions Act of

1996.

50 USC 1701

note.

Aug. 5, 1996

[H.R. 3107]
110 STAT. 1542 PUBLIC LAW 104–172—AUG. 5, 1996

explore for, extract, refine, or transport by pipeline petroleum

resources of Iran.

(b) POLICY WITH RESPECT TO LIBYA.—The Congress further

declares that it is the policy of the United States to seek full

compliance by Libya with its obligations under Resolutions 731,

748, and 883 of the Security Council of the United Nations, including ending all support for acts of international terrorism and efforts

to develop or acquire weapons of mass destruction.

SEC. 4. MULTILATERAL REGIME.

(a) MULTILATERAL NEGOTIATIONS.—In order to further the

objectives of section 3, the Congress urges the President to commence immediately diplomatic efforts, both in appropriate international fora such as the United Nations, and bilaterally with

allies of the United States, to establish a multilateral sanctions

regime against Iran, including provisions limiting the development

of petroleum resources, that will inhibit Iran’s efforts to carry

out activities described in section 2.

(b) REPORTS TO CONGRESS.—The President shall report to the

appropriate congressional committees, not later than 1 year after

the date of the enactment of this Act, and periodically thereafter,

on the extent that diplomatic efforts described in subsection (a)

have been successful. Each report shall include—

(1) the countries that have agreed to undertake measures

to further the objectives of section 3 with respect to Iran,

and a description of those measures; and

(2) the countries that have not agreed to measures

described in paragraph (1), and, with respect to those countries,

other measures (in addition to that provided in subsection

(d)) the President recommends that the United States take

to further the objectives of section 3 with respect to Iran.

(c) WAIVER.—The President may waive the application of section 5(a) with respect to nationals of a country if—

(1) that country has agreed to undertake substantial measures, including economic sanctions, that will inhibit Iran’s

efforts to carry out activities described in section 2 and information required by subsection (b)(1) has been included in a report

submitted under subsection (b); and

(2) the President, at least 30 days before the waiver takes

effect, notifies the appropriate congressional committees of his

intention to exercise the waiver.

(d) ENHANCED SANCTION.—

(1) SANCTION.—With respect to nationals of countries

except those with respect to which the President has exercised

the waiver authority of subsection (c), at any time after the

first report is required to be submitted under subsection (b),

section 5(a) shall be applied by substituting ‘‘$20,000,000’’ for

‘‘$40,000,000’’ each place it appears, and by substituting

‘‘$5,000,000’’ for ‘‘$10,000,000’’.

(2) REPORT TO CONGRESS.—The President shall report to

the appropriate congressional committees any country with

respect to which paragraph (1) applies.

(e) INTERIM REPORT ON MULTILATERAL SANCTIONS; MONITORING.—The President, not later than 90 days after the date of the

enactment of this Act, shall report to the appropriate congressional

committees on—

Notification.

President.

50 USC 1701

note.
PUBLIC LAW 104–172—AUG. 5, 1996 110 STAT. 1543

(1) whether the member states of the European Union,

the Republic of Korea, Australia, Israel, or Japan have legislative or administrative standards providing for the imposition

of trade sanctions on persons or their affiliates doing business

or having investments in Iran or Libya;

(2) the extent and duration of each instance of the application of such sanctions; and

(3) the disposition of any decision with respect to such

sanctions by the World Trade Organization or its predecessor

organization.

SEC. 5. IMPOSITION OF SANCTIONS.

(a) SANCTIONS WITH RESPECT TO IRAN.—Except as provided

in subsection (f), the President shall impose 2 or more of the

sanctions described in paragraphs (1) through (6) of section 6 if

the President determines that a person has, with actual knowledge,

on or after the date of the enactment of this Act, made an investment of $40,000,000 or more (or any combination of investments

of at least $10,000,000 each, which in the aggregate equals or

exceeds $40,000,000 in any 12-month period), that directly and

significantly contributed to the enhancement of Iran’s ability to

develop petroleum resources of Iran.

(b) MANDATORY SANCTIONS WITH RESPECT TO LIBYA.—

(1) VIOLATIONS OF PROHIBITED TRANSACTIONS.—Except as

provided in subsection (f), the President shall impose 2 or

more of the sanctions described in paragraphs (1) through

(6) of section 6 if the President determines that a person

has, with actual knowledge, on or after the date of the enactment of this Act, exported, transferred, or otherwise provided

to Libya any goods, services, technology, or other items the

provision of which is prohibited under paragraph 4(b) or 5

of Resolution 748 of the Security Council of the United Nations,

adopted March 31, 1992, or under paragraph 5 or 6 of Resolution 883 of the Security Council of the United Nations, adopted

November 11, 1993, if the provision of such items significantly

and materially—

(A) contributed to Libya’s ability to acquire chemical,

biological, or nuclear weapons or destabilizing numbers

and types of advanced conventional weapons or enhanced

Libya’s military or paramilitary capabilities;

(B) contributed to Libya’s ability to develop its petroleum resources; or

(C) contributed to Libya’s ability to maintain its aviation capabilities.

(2) INVESTMENTS THAT CONTRIBUTE TO THE DEVELOPMENT

OF PETROLEUM RESOURCES.—Except as provided in subsection

(f), the President shall impose 2 or more of the sanctions

described in paragraphs (1) through (6) of section 6 if the

President determines that a person has, with actual knowledge,

on or after the date of the enactment of this Act, made an

investment of $40,000,000 or more (or any combination of

investments of at least $10,000,000 each, which in the aggregate equals or exceeds $40,000,000 in any 12-month period),

that directly and significantly contributed to the enhancement

of Libya’s ability to develop its petroleum resources.

President.

50 USC 1701

note.
110 STAT. 1544 PUBLIC LAW 104–172—AUG. 5, 1996

(c) PERSONS AGAINST WHICH THE SANCTIONS ARE TO BE

IMPOSED.—The sanctions described in subsections (a) and (b) shall

be imposed on—

(1) any person the President determines has carried out

the activities described in subsection (a) or (b); and

(2) any person the President determines—

(A) is a successor entity to the person referred to

in paragraph (1);

(B) is a parent or subsidiary of the person referred

to in paragraph (1) if that parent or subsidiary, with actual

knowledge, engaged in the activities referred to in paragraph (1); or

(C) is an affiliate of the person referred to in paragraph

(1) if that affiliate, with actual knowledge, engaged in

the activities referred to in paragraph (1) and if that affiliate is controlled in fact by the person referred to in paragraph (1).

For purposes of this Act, any person or entity described in this

subsection shall be referred to as a ‘‘sanctioned person’’.

(d) PUBLICATION IN FEDERAL REGISTER.—The President shall

cause to be published in the Federal Register a current list of

persons and entities on whom sanctions have been imposed under

this Act. The removal of persons or entities from, and the addition

of persons and entities to, the list, shall also be so published.

(e) PUBLICATION OF PROJECTS.—The President shall cause to

be published in the Federal Register a list of all significant projects

which have been publicly tendered in the oil and gas sector in

Iran.

(f) EXCEPTIONS.—The President shall not be required to apply

or maintain the sanctions under subsection (a) or (b)—

(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

requirements essential to the national security of the

United States;

(B) if the President determines in writing that the

person 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 in writing that such

articles or services are essential to the national security

under defense coproduction agreements;

(2) in the case of procurement, to eligible products, as

defined in section 308(4) of the Trade Agreements Act of 1979

(19 U.S.C. 2518(4)), of any foreign country or instrumentality

designated under section 301(b)(1) of that Act (19 U.S.C.

2511(b)(1));

(3) to products, technology, or services provided under contracts entered into before the date on which the President

publishes in the Federal Register the name of the person on

whom the sanctions are to be imposed;

(4) to—

(A) spare parts which are essential to United States

products or production;
PUBLIC LAW 104–172—AUG. 5, 1996 110 STAT. 1545

(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;

(6) to information and technology essential to United States

products or production; or

(7) to medicines, medical supplies, or other humanitarian

items.

SEC. 6. DESCRIPTION OF SANCTIONS.

The sanctions to be imposed on a sanctioned person under

section 5 are as follows:

(1) EXPORT-IMPORT BANK ASSISTANCE FOR EXPORTS TO SANCTIONED PERSONS.—The President may direct the Export-Import

Bank of the United States not to give approval to the issuance

of any guarantee, insurance, extension of credit, or participation

in the extension of credit in connection with the export of

any goods or services to any sanctioned person.

(2) EXPORT SANCTION.—The President may order the

United States Government not to issue any specific license

and not to grant any other specific permission or authority

to export any goods or technology to a sanctioned person

under—

(i) the Export Administration Act of 1979;

(ii) the Arms Export Control Act;

(iii) the Atomic Energy Act of 1954; or

(iv) any other statute that requires the prior review

and approval of the United States Government as a condition for the export or reexport of goods or services.

(3) LOANS FROM UNITED STATES FINANCIAL INSTITUTIONS.—

The United States Government may prohibit any United States

financial institution from making loans or providing credits

to any sanctioned person totaling more than $10,000,000 in

any 12-month period unless such person is engaged in activities

to relieve human suffering and the loans or credits are provided

for such activities.

(4) PROHIBITIONS ON FINANCIAL INSTITUTIONS.—The following prohibitions may be imposed against a sanctioned person

that is a financial institution:

(A) PROHIBITION ON DESIGNATION AS PRIMARY

DEALER.—Neither the Board of Governors of the Federal

Reserve System nor the Federal Reserve Bank of New

York may designate, or permit the continuation of any

prior designation of, such financial institution as a primary

dealer in United States Government debt instruments.

(B) PROHIBITION ON SERVICE AS A REPOSITORY OF

GOVERNMENT FUNDS.—Such financial institution may not

serve as agent of the United States Government or serve

as repository for United States Government funds.

The imposition of either sanction under subparagraph (A) or

(B) shall be treated as 1 sanction for purposes of section 5,

and the imposition of both such sanctions shall be treated

as 2 sanctions for purposes of section 5.

(5) PROCUREMENT SANCTION.—The United States Government may not procure, or enter into any contract for the

procurement of, any goods or services from a sanctioned person.

50 USC 1701

note.
110 STAT. 1546 PUBLIC LAW 104–172—AUG. 5, 1996

(6) ADDITIONAL SANCTIONS.—The President may impose

sanctions, as appropriate, to restrict imports with respect to

a sanctioned person, in accordance with the International Emergency Economic Powers Act (50 U.S.C. 1701 and following).

SEC. 7. ADVISORY OPINIONS.

The Secretary of State may, upon the request of any person,

issue an advisory opinion to that person as to whether a proposed

activity by that person would subject that person to sanctions

under this Act. Any person who relies in good faith on such an

advisory opinion which states that the proposed activity would

not subject a person to such sanctions, and any person who thereafter engages in such activity, will not be made subject to such

sanctions on account of such activity.

SEC. 8. TERMINATION OF SANCTIONS.

(a) IRAN.—The requirement under section 5(a) to impose sanctions shall no longer have force or effect with respect to Iran

if the President determines and certifies to the appropriate congressional committees that Iran—

(1) has ceased its efforts to design, develop, manufacture,

or acquire—

(A) a nuclear explosive device or related materials

and technology;

(B) chemical and biological weapons; and

(C) ballistic missiles and ballistic missile launch technology; and

(2) has been removed from the list of countries the governments of which have been determined, for purposes of section

6(j) of the Export Administration Act of 1979, to have repeatedly

provided support for acts of international terrorism.

(b) LIBYA.—The requirement under section 5(b) to impose sanctions shall no longer have force or effect with respect to Libya

if the President determines and certifies to the appropriate congressional committees that Libya has fulfilled the requirements of

United Nations Security Council Resolution 731, adopted January

21, 1992, United Nations Security Council Resolution 748, adopted

March 31, 1992, and United Nations Security Council Resolution

883, adopted November 11, 1993.

SEC. 9. DURATION OF SANCTIONS; PRESIDENTIAL WAIVER.

(a) DELAY OF SANCTIONS.—

(1) CONSULTATIONS.—If the President makes a determination described in section 5(a) or 5(b) with respect to a foreign

person, the Congress urges the President to initiate consultations immediately with the government with primary jurisdiction over that foreign person with respect to the imposition

of sanctions under this Act.

(2) ACTIONS BY GOVERNMENT OF JURISDICTION.—In order

to pursue consultations under paragraph (1) with the government concerned, the President may delay imposition of sanctions under this Act for up to 90 days. Following such consultations, the President shall immediately impose sanctions unless

the President determines and certifies to the Congress that

the government has taken specific and effective actions, including, as appropriate, the imposition of appropriate penalties,

to terminate the involvement of the foreign person in the activi50 USC 1701

note.

50 USC 1701

note.

50 USC 1701

note.
PUBLIC LAW 104–172—AUG. 5, 1996 110 STAT. 1547

ties that resulted in the determination by the President under

section 5(a) or 5(b) concerning such person.

(3) ADDITIONAL DELAY IN IMPOSITION OF SANCTIONS.—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 the government with primary jurisdiction

over the person concerned is in the process of taking the actions

described in paragraph (2).

(4) REPORT TO CONGRESS.—Not later than 90 days after

making a determination under section 5(a) or 5(b), the President shall submit to the appropriate congressional committees

a report on the status of consultations with the appropriate

foreign government under this subsection, and the basis for

any determination under paragraph (3).

(b) DURATION OF SANCTIONS.—A sanction imposed under section

5 shall remain in effect—

(1) for a period of not less than 2 years from the date

on which it is imposed; or

(2) until such time as the President determines and certifies

to the Congress that the person whose activities were the

basis for imposing the sanction is no longer engaging in such

activities and that the President has received reliable assurances that such person will not knowingly engage in such

activities in the future, except that such sanction shall remain

in effect for a period of at least 1 year.

(c) PRESIDENTIAL WAIVER.—

(1) AUTHORITY.—The President may waive the requirement

in section 5 to impose a sanction or sanctions on a person

described in section 5(c), and may waive the continued imposition of a sanction or sanctions under subsection (b) of this

section, 30 days or more after the President determines and

so reports to the appropriate congressional committees that

it is important to the national interest of the United States

to exercise such waiver authority.

(2) CONTENTS OF REPORT.—Any report under paragraph

(1) shall provide a specific and detailed rationale for the determination under paragraph (1), including—

(A) a description of the conduct that resulted in the

determination under section 5(a) or (b), as the case may

be;

(B) in the case of a foreign person, an explanation

of the efforts to secure the cooperation of the government

with primary jurisdiction over the sanctioned person to

terminate or, as appropriate, penalize the activities that

resulted in the determination under section 5(a) or (b),

as the case may be;

(C) an estimate as to the significance—

(i) of the provision of the items described in section

5(a) to Iran’s ability to develop its petroleum resources,

or

(ii) of the provision of the items described in section

5(b)(1) to the abilities of Libya described in subparagraph (A), (B), or (C) of section 5(b)(1), or of the investment described in section 5(b)(2) on Libya’s ability

to develop its petroleum resources,

as the case may be; and

Reports.
110 STAT. 1548 PUBLIC LAW 104–172—AUG. 5, 1996

(D) a statement as to the response of the United States

in the event that the person concerned engages in other

activities that would be subject to section 5(a) or (b).

(3) EFFECT OF REPORT ON WAIVER.—If the President makes

a report under paragraph (1) with respect to a waiver of sanctions on a person described in section 5(c), sanctions need

not be imposed under section 5(a) or (b) on that person during

the 30-day period referred to in paragraph (1).

SEC. 10. REPORTS REQUIRED.

(a) REPORT ON CERTAIN INTERNATIONAL INITIATIVES.—Not later

than 6 months after the date of the enactment of this Act, and

every 6 months thereafter, the President shall transmit a report

to the appropriate congressional committees describing—

(1) the efforts of the President to mount a multilateral

campaign to persuade all countries to pressure Iran to cease

its nuclear, chemical, biological, and missile weapons programs

and its support of acts of international terrorism;

(2) the efforts of the President to persuade other governments to ask Iran to reduce the presence of Iranian diplomats

and representatives of other government and military or quasigovernmental institutions of Iran and to withdraw any such

diplomats or representatives who participated in the takeover

of the United States embassy in Tehran on November 4, 1979,

or the subsequent holding of United States hostages for 444

days;

(3) the extent to which the International Atomic Energy

Agency has established regular inspections of all nuclear facilities in Iran, including those presently under construction; and

(4) Iran’s use of Iranian diplomats and representatives

of other government and military or quasi-governmental

institutions of Iran to promote acts of international terrorism

or to develop or sustain Iran’s nuclear, chemical, biological,

and missile weapons programs.

(b) OTHER REPORTS.—The President shall ensure the continued

transmittal to the Congress of reports describing—

(1) the nuclear and other military capabilities of Iran,

as required by section 601(a) of the Nuclear Non-Proliferation

Act of 1978 and section 1607 of the National Defense Authorization Act for Fiscal Year 1993; and

(2) the support provided by Iran for acts of international

terrorism, as part of the Department of State’s annual report

on international terrorism.

SEC. 11. DETERMINATIONS NOT REVIEWABLE.

A determination to impose sanctions under this Act shall not

be reviewable in any court.

SEC. 12. EXCLUSION OF CERTAIN ACTIVITIES.

Nothing in this Act shall apply to any activities subject to

the reporting requirements of title V of the National Security Act

of 1947.

SEC. 13. EFFECTIVE DATE; SUNSET.

(a) EFFECTIVE DATE.—This Act shall take effect on the date

of the enactment of this Act.

(b) SUNSET.—This Act shall cease to be effective on the date

that is 5 years after the date of the enactment of this Act.

50 USC 1701

note.

50 USC 1701

note.

50 USC 1701

note.

President.

50 USC 1701

note.
PUBLIC LAW 104–172—AUG. 5, 1996 110 STAT. 1549

SEC. 14. DEFINITIONS.

As used in this Act:

(1) ACT OF INTERNATIONAL TERRORISM.—The term ‘‘act of

international terrorism’’ means an act—

(A) which is violent or dangerous to human life and

that is a violation of the criminal laws of the United States

or of any State or that would be a criminal violation if

committed within the jurisdiction of the United States or

any State; and

(B) which appears to be intended—

(i) to intimidate or coerce a civilian population;

(ii) to influence the policy of a government by

intimidation or coercion; or

(iii) to affect the conduct of a government by assassination or kidnapping.

(2) APPROPRIATE CONGRESSIONAL COMMITTEES.—The term

‘‘appropriate congressional committees’’ means the Committee

on Finance, the Committee on Banking, Housing, and Urban

Affairs, and the Committee on Foreign Relations of the Senate

and the Committee on Ways and Means, the Committee on

Banking and Financial Services, and the Committee on International Relations of the House of Representatives.

(3) COMPONENT PART.—The term ‘‘component part’’ has the

meaning given that term in section 11A(e)(1) of the Export

Administration Act of 1979 (50 U.S.C. App. 2410a(e)(1)).

(4) DEVELOP AND DEVELOPMENT.—To ‘‘develop’’, or the

‘‘development’’ of, petroleum resources means the exploration

for, or the extraction, refining, or transportation by pipeline

of, petroleum resources.

(5) FINANCIAL INSTITUTION.—The term ‘‘financial institution’’ includes—

(A) a depository institution (as defined in section 3(c)(1)

of the Federal Deposit Insurance Act), including a branch

or agency of a foreign bank (as defined in section 1(b)(7)

of the International Banking Act of 1978);

(B) a credit union;

(C) a securities firm, including a broker or dealer;

(D) an insurance company, including an agency or

underwriter; and

(E) any other company that provides financial services.

(6) FINISHED PRODUCT.—The term ‘‘finished product’’ has

the meaning given that term in section 11A(e)(2) of the Export

Administration Act of 1979 (50 U.S.C. App. 2410a(e)(2)).

(7) FOREIGN PERSON.—The term ‘‘foreign person’’ means—

(A) an individual who is not a United States person

or an alien lawfully admitted for permanent residence into

the United States; or

(B) a corporation, partnership, or other nongovernmental entity which is not a United States person.

(8) GOODS AND TECHNOLOGY.—The terms ‘‘goods’’ and ‘‘technology’’ have the meanings given those terms in section 16

of the Export Administration Act of 1979 (50 U.S.C. App. 2415).

(9) INVESTMENT.—The term ‘‘investment’’ means any of

the following activities if such activity is undertaken pursuant

to an agreement, or pursuant to the exercise of rights under

such an agreement, that is entered into with the Government

of Iran or a nongovenmental entity in Iran, or with the Govern50 USC 1701

note.
110 STAT. 1550 PUBLIC LAW 104–172—AUG. 5, 1996

ment of Libya or a nongovernmental entity in Libya, on or

after the date of the enactment of this Act:

(A) The entry into a contract that includes responsibility for the development of petroleum resources located in

Iran or Libya (as the case may be), or the entry into

a contract providing for the general supervision and

guarantee of another person’s performance of such a contract.

(B) The purchase of a share of ownership, including

an equity interest, in that development.

(C) The entry into a contract providing for the participation in royalties, earnings, or profits in that development,

without regard to the form of the participation.

The term ‘‘investment’’ does not include the entry into, performance, or financing of a contract to sell or purchase goods,

services, or technology.

(10) IRAN.—The term ‘‘Iran’’ includes any agency or

instrumentality of Iran.

(11) IRANIAN DIPLOMATS AND REPRESENTATIVES OF OTHER

GOVERNMENT AND MILITARY OR QUASI-GOVERNMENTAL INSTITUTIONS OF IRAN.—The term ‘‘Iranian diplomats and representatives of other government and military or quasi-governmental

institutions of Iran’’ includes employees, representatives, or

affiliates of Iran’s—

(A) Foreign Ministry;

(B) Ministry of Intelligence and Security;

(C) Revolutionary Guard Corps;

(D) Crusade for Reconstruction;

(E) Qods (Jerusalem) Forces;

(F) Interior Ministry;

(G) Foundation for the Oppressed and Disabled;

(H) Prophet’s Foundation;

(I) June 5th Foundation;

(J) Martyr’s Foundation;

(K) Islamic Propagation Organization; and

(L) Ministry of Islamic Guidance.

(12) LIBYA.—The term ‘‘Libya’’ includes any agency or

instrumentality of Libya.

(13) NUCLEAR EXPLOSIVE DEVICE.—The term ‘‘nuclear explosive device’’ means any device, whether assembled or disassembled, that is designed to produce an instantaneous release

of an amount of nuclear energy from special nuclear material

(as defined in section 11(aa) of the Atomic Energy Act of 1954)

that is greater than the amount of energy that would be

released from the detonation of one pound of trinitrotoluene

(TNT).

(14) PERSON.—The term ‘‘person’’ means—

(A) a natural person;

(B) a corporation, business association, partnership,

society, trust, any other nongovernmental entity, organization, or group, and any governmental entity operating as

a business enterprise; and

(C) any successor to any entity described in subparagraph (B).

(15) PETROLEUM RESOURCES.—The term ‘‘petroleum

resources’’ includes petroleum and natural gas resources.
PUBLIC LAW 104–172—AUG. 5, 1996 110 STAT. 1551

LEGISLATIVE HISTORY—H.R. 3107 (S. 1228):

HOUSE REPORTS: No. 104–523, Pt. 1 (Comm. on International Relations) and Pt.

2 (Comm. on Ways and Means).

SENATE REPORTS: No. 104–187 accompanying S. 1228 (Comm. on Banking, Housing, and Urban Affairs).

CONGRESSIONAL RECORD, Vol. 142 (1996):

June 18, 19, considered and passed House.

July 16, considered and passed Senate, amended.

July 23, House concurred in Senate amendment.

WEEKLY COMPILATION OF PRESIDENTIAL DOCUMENTS, Vol. 32 (1996):

Aug. 5, Presidential remarks.

Æ

(16) UNITED STATES OR STATE.—The term ‘‘United States’’

or ‘‘State’’ means the several States, the District of Columbia,

the Commonwealth of Puerto Rico, the Commonwealth of the

Northern Mariana Islands, American Samoa, Guam, the United

States Virgin Islands, and any other territory or possession

of the United States.

(17) UNITED STATES PERSON.—The term ‘‘United States person’’ means—

(A) a natural person who is a citizen of the United

States or who owes permanent allegiance to the United

States; and

(B) a corporation or other legal entity which is organized under the laws of the United States, any State or

territory thereof, or the District of Columbia, if natural

persons described in subparagraph (A) own, directly or

indirectly, more than 50 percent of the outstanding capital

stock or other beneficial interest in such legal entity.

Approved August 5, 1996.