IIB 

112TH CONGRESS 

1ST SESSION H. R. 2105 

IN THE SENATE OF THE UNITED STATES 

DECEMBER 14, 2011 

Received; read twice and referred to the Committee on Foreign Relations 

AN ACT 

To provide for the application of measures to foreign persons 

who transfer to Iran, North Korea, and Syria certain 

goods, services, or technology, and for other purposes. 

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


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1 SECTION 1. SHORT TITLE AND TABLE OF CONTENTS. 

2 (a) SHORT TITLE.—This Act may be cited as the 

3 ‘‘Iran, North Korea, and Syria Nonproliferation Reform 

4 and Modernization Act of 2011’’. 

5 (b) TABLE OF CONTENTS.—The table of contents for 

6 this Act is as follows: 

Sec. 1. Short title and table of contents. 

Sec. 2. Statement of policy. 

Sec. 3. Reports on proliferation relating to Iran, North Korea, and Syria. 

Sec. 4. Application of measures to certain foreign persons. 

Sec. 5. Determination exempting a foreign person from the application of certain measures. 

Sec. 6. Restrictions on nuclear cooperation with countries aiding proliferation 

by Iran, North Korea, or Syria. 

Sec. 7. Identification of countries that enable proliferation to or from Iran, 

North Korea, or Syria. 

Sec. 8. Prohibition on United States assistance to countries assisting proliferation activities by Iran, North Korea, or Syria. 

Sec. 9. Restriction on extraordinary payments in connection with the International Space Station. 

Sec. 10. Exclusion from the United States of senior officials of foreign persons 

who have aided proliferation relating to Iran. 

Sec. 11. Prohibition on certain vessels landing in the United States; enhanced 

inspections. 

Sec. 12. Sanctions with respect to critical defense resources provided to or acquired from Iran, North Korea, or Syria. 

Sec. 13. Definitions. 

Sec. 14. Repeal of Iran, North Korea, and Syria Nonproliferation Act. 

7 SEC. 2. STATEMENT OF POLICY. 

8 It shall be the policy of the United States to fully 

9 implement and enforce sanctions against Iran, North 

10 Korea, and Syria for their proliferation activities and poli11 cies. 

12 SEC. 3. REPORTS ON PROLIFERATION RELATING TO IRAN, 

13 NORTH KOREA, AND SYRIA. 

14 (a) REPORTS.—Not later than 90 days after the date 

15 of the enactment of this Act and every 120 days thereVerDate Mar 15 2010 01:58 Dec 15, 2011 Jkt 019200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\H2105.RFS H2105

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1 after, the President shall transmit to the appropriate con2 gressional committees a report identifying every foreign 

3 person with respect to whom there is credible information 

4 indicating that such person— 

5 (1) on or after January 1, 1999, transferred to 

6 or acquired from Iran, on or after January 1, 2005, 

7 transferred to or acquired from Syria, or on or after 

8 January 1, 2006, transferred to or acquired from 

9 North Korea— 

10 (A) goods, services, or technology listed 

11 on— 

12 (i) the Nuclear Suppliers Group 

13 Guidelines for the Export of Nuclear Mate14 rial, Equipment and Technology (published 

15 by the International Atomic Energy Agen16 cy as Information Circular INFCIRC/254/ 

17 Rev. 3/Part 1, and subsequent revisions) 

18 and Guidelines for Transfers of Nuclear19 Related Dual-Use Equipment, Material, 

20 and Related Technology (published by the 

21 International Atomic Energy Agency as In22 formation Circular INFCIRC/254/Rev. 3/ 

23 Part 2, and subsequent revisions); 

24 (ii) the Missile Technology Control 

25 Regime Equipment and Technology Annex 


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1 of June 11, 1996, and subsequent revi2 sions; 

3 (iii) the lists of items and substances 

4 relating to biological and chemical weapons 

5 the export of which is controlled by the 

6 Australia Group; 

7 (iv) the Schedule One or Schedule 

8 Two list of toxic chemicals and precursors 

9 the export of which is controlled pursuant 

10 to the Convention on the Prohibition of the 

11 Development, Production, Stockpiling and 

12 Use of Chemical Weapons and on Their 

13 Destruction; or 

14 (v) the Wassenaar Arrangement list of 

15 Dual Use Goods and Technologies and 

16 Munitions list of July 12, 1996, and subse17 quent revisions; or 

18 (B) goods, services, or technology not list19 ed on any list specified in subparagraph (A) but 

20 which nevertheless would be, if such goods, 

21 services, or technology were United States 

22 goods, services, or technology, prohibited for ex23 port to Iran, North Korea, or Syria, as the case 

24 may be, because of the potential of such goods, 

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1 tribution to the development of nuclear, biologi2 cal, or chemical weapons, or of ballistic or 

3 cruise missile systems or destabilizing types and 

4 amounts of conventional weapons; 

5 (2) except as provided in subsection (b), on or 

6 after the date of the enactment of this Act, acquired 

7 materials mined or otherwise extracted within the 

8 territory or control of Iran, North Korea, or Syria, 

9 as the case may be, for purposes relating to the nu10 clear, biological, or chemical weapons, or ballistic or 

11 cruise missile development programs of Iran, North 

12 Korea, or Syria, as the case may be; 

13 (3) on or after the date of the enactment of this 

14 Act, transferred to Iran, Syria, or North Korea 

15 goods, services, or technology that could assist ef16 forts to extract or mill uranium ore within the terri17 tory or control of Iran, North Korea, or Syria, as 

18 the case may be; 

19 (4) on or after the date of the enactment of this 

20 Act, provided to Iran, Syria, or North Korea desta21 bilizing types and amounts of conventional weapons 

22 and technical assistance; or 

23 (5) on or after the date of the enactment of this 

24 Act, provided a vessel, insurance or reinsurance, or 

25 any other shipping service for the transportation of 


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1 goods to or from Iran, North Korea, or Syria for 

2 purposes relating to the nuclear, biological, or chem3 ical weapons, or ballistic or cruise missile develop4 ment programs of Iran, North Korea, or Syria, as 

5 the case may be. 

6 (b) EXCEPTIONS.—Any foreign person who— 

7 (1) was identified in a report transmitted in ac8 cordance with subsection (a) on account of a par9 ticular transfer, or 

10 (2) has engaged in a transfer on behalf of, or 

11 in concert with, the Government of the United 

12 States, 

13 shall not be identified on account of that same transfer 

14 in any report submitted thereafter under this section, ex15 cept to the degree that new information has emerged indi16 cating that the particular transfer at issue may have con17 tinued, or been larger, more significant, or different in na18 ture than previously reported under this section. 

19 (c) TRANSMISSION IN CLASSIFIED FORM.—If the 

20 President considers it appropriate, reports transmitted in 

21 accordance with subsection (a), or appropriate parts there22 of, may be transmitted in classified form. 

23 (d) CONTENT OF REPORTS.—Each report required 

24 under subsection (a) shall contain, with respect to each 

25 foreign person identified in each such report, a brief deVerDate Mar 15 2010 01:58 Dec 15, 2011 Jkt 019200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6201 E:\BILLS\H2105.RFS H2105

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1 scription of the type and quantity of the goods, services, 

2 or technology transferred by such person to Iran, North 

3 Korea, or Syria, the circumstances surrounding such 

4 transfer, the usefulness to the nuclear, biological, or chem5 ical weapons, or ballistic or cruise missile development 

6 programs of Iran, North Korea, or Syria of such transfer, 

7 and the probable awareness or lack thereof of the transfer 

8 on the part of the government with primary jurisdiction 

9 over such person. 

10 (e) ADDITIONAL CONTENTS OF REPORTS.—Each re11 port under subsection (a) shall contain a description, with 

12 respect the transfer or acquisition of the goods, services, 

13 or technology described in such subsection, of the actions 

14 taken by foreign governments to assist in interdicting such 

15 transfer or acquisition. 

16 (f) EXPEDITING SANCTIONS FOR NUCLEAR, CHEM17 ICAL, BIOLOGICAL AND MISSILE PROLIFERATION TRANS18 FERS TO IRAN.— 

19 (1) IN GENERAL.—Notwithstanding the re20 quirement to submit the report under subsection (a), 

21 the President shall establish a process to assess in22 formation in the possession of the President on an 

23 ongoing basis regarding possible transfers to Iran of 

24 goods, services, or technology relating to nuclear, 

25 chemical, or biological weapons or ballistic missiles 


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1 in accordance with the requirements of subsection 

2 (a). 

3 (2) APPLICATION OF SANCTIONS.—Upon a de4 termination of the President that credible informa5 tion exists that a transfer described in paragraph 

6 (1) has occurred, the President shall apply the sanc7 tions to the foreign person that made the transfer 

8 in accordance with the requirements of section 4 of 

9 this Act. 

10 (g) REQUIREMENT FOR PLAN TO EXPEDITE IMPLE11 MENTATION OF REPORTING AND SANCTIONS.—Not later 

12 than 180 days after the date of the enactment of this Act, 

13 the President shall transmit to the appropriate congres14 sional committees a plan, to include any necessary legisla15 tion, to expedite the implementation of this Act with re16 gard to the reports required under subsection (a) and the 

17 sanctions under section 4 of this Act. 

18 SEC. 4. APPLICATION OF MEASURES TO CERTAIN FOREIGN 

19 PERSONS. 

20 (a) APPLICATION OF MEASURES.— 

21 (1) IN GENERAL.—Subject to section 5, the 

22 President shall apply, for a period of not less than 

23 two years, the measures specified in subsection (b) 

24 with respect to each foreign person identified in a 

25 report transmitted under section 3(a). 


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1 (2) RELATED PERSONS.—Subject to section 5, 

2 the President may apply, for a period of not less 

3 than two years, the measures specified in subsection 

4 (b) with respect to one or more of the following: 

5 (A) Each person that is a successor, 

6 subunit, or subsidiary of a foreign person re7 ferred to in paragraph (1). 

8 (B) Each person that owns more than 50 

9 percent of, or controls in fact— 

10 (i) a foreign person referred to in 

11 paragraph (1); or 

12 (ii) a person described in subpara13 graph (A). 

14 (b) DESCRIPTION OF MEASURES.—The measures re15 ferred to in subsection (a) are the following: 

16 (1) EXECUTIVE ORDER 12938 PROHIBITIONS.— 

17 The measures specified in the first sentence of sub18 section (b) and subsections (c) and (d) of section 4 

19 of Executive Order 12938 (50 U.S.C. 1701 note; re20 lating to proliferation of weapons of mass destruc21 tion) prohibiting any department or agency of the 

22 United States Government from procuring, or enter23 ing into any contract for the procurement of, any 

24 goods or services from any foreign person described 


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1 in subsection (a) of section 4 of Executive Order 

2 12938. 

3 (2) ARMS EXPORT PROHIBITION.—Prohibition 

4 on United States Government sales to a person de5 scribed in subsection (a) of any item on the United 

6 States Munitions List and termination of sales to 

7 such person of any defense articles, defense services, 

8 or design and construction services under the Arms 

9 Export Control Act (22 U.S.C. 2751 et seq.). 

10 (3) DUAL USE EXPORT PROHIBITION.—Denial 

11 of licenses and suspension of existing licenses for the 

12 transfer to a person described in subsection (a) of 

13 items the export of which is controlled under the Ex14 port Administration Act of 1979 (50 U.S.C. App. 

15 2401 et seq.), as in effect pursuant to the Inter16 national Emergency Economic Powers Act, or the 

17 Export Administration Regulations. 

18 (4) INVESTMENT PROHIBITION.—Prohibition on 

19 any investment by a United States person in prop20 erty, including entities, owned or controlled by a per21 son described in subsection (a). 

22 (5) FINANCING PROHIBITION.—Prohibition on 

23 any approval, financing, or guarantee by a United 

24 States person, wherever located, of a transaction by 

25 a person described in subsection (a). 


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1 (6) FINANCIAL ASSISTANCE PROHIBITION.—De2 nial by the United States Government of any credit, 

3 credit guarantees, grants, or other financial assist4 ance by any agency of the United States Govern5 ment to a person described in subsection (a). 

6 (c) EFFECTIVE DATE.—Measures applied pursuant 

7 to subsection (a) shall be effective with respect to a foreign 

8 person no later than— 

9 (1) 90 days after the report identifying the for10 eign person is submitted, if the report is submitted 

11 on or before the date required by section 3(a); 

12 (2) 90 days after the date required by section 

13 3(a) for submitting the report, if the report identi14 fying the foreign person is submitted within 60 days 

15 after that date; or 

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

17 foreign person is submitted, if that report is sub18 mitted more than 60 days after the date required by 

19 section 3(a). 

20 (d) PUBLICATION IN FEDERAL REGISTER.— 

21 (1) IN GENERAL.—The Secretary of the Treas22 ury shall publish in the Federal Register notice of 

23 the application against a person of measures pursu24 ant to subsection (a). 


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1 (2) CONTENT.—Each notice published in ac2 cordance with paragraph (1) shall include the name 

3 and address (where known) of each person to which 

4 measures have been applied pursuant to subsection 

5 (a). 

6 SEC. 5. DETERMINATION EXEMPTING A FOREIGN PERSON 

7 FROM THE APPLICATION OF CERTAIN MEAS8 URES. 

9 (a) IN GENERAL.—The application of any measure 

10 described in section 4(b) to a person described in section 

11 4(a) shall cease to be effective beginning 15 days after 

12 the date on which the President determines and certifies 

13 to the appropriate congressional committees, on the basis 

14 of information provided by such person or otherwise ob15 tained by the President, that— 

16 (1) in the case of a transfer or acquisition of 

17 goods, services, or technology described in section 

18 3(a)(1)— 

19 (A) such person did not, on or after Janu20 ary 1, 1999, knowingly transfer to or acquire 

21 from Iran, North Korea, or Syria, as the case 

22 may be, such goods, services, or technology the 

23 apparent transfer of which caused such person 

24 to be identified in a report submitted pursuant 

25 to section 3(a); 


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1 (B) the goods, services, or technology the 

2 transfer of which caused such person to be 

3 identified in a report submitted pursuant to 

4 section 3(a) did not contribute to the efforts of 

5 Iran, North Korea, or Syria, as the case may 

6 be, to develop— 

7 (i) nuclear, biological, or chemical 

8 weapons, or ballistic or cruise missile sys9 tems, or weapons listed on the Wassenaar 

10 Arrangement Munitions List of July 12, 

11 1996, or any subsequent revision of such 

12 List; or 

13 (ii) destabilizing types or amounts of 

14 conventional weapons or acquire technical 

15 assistance; 

16 (C) such person is subject to the primary 

17 jurisdiction of a government that is an adherent 

18 to one or more relevant nonproliferation re19 gimes, such person was identified in a report 

20 submitted pursuant to section 3(a) with respect 

21 to a transfer of goods, services, or technology 

22 described in section 3(a)(1)(A), and such trans23 fer was made in accordance with the guidelines 

24 and parameters of all such relevant regimes of 

25 which such government is an adherent; or 


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1 (D) the government with primary jurisdic2 tion over such person has imposed meaningful 

3 penalties on such person on account of the 

4 transfer of such goods, services, or technology 

5 that caused such person to be identified in a re6 port submitted pursuant to section 3(a); 

7 (2) in the case of an acquisition of materials 

8 mined or otherwise extracted within the territory of 

9 Iran, North Korea, or Syria, as the case may be, de10 scribed in section 3(a)(2) for purposes relating to 

11 the nuclear, biological, or chemical weapons, or bal12 listic or cruise missile development programs of 

13 Iran, North Korea, or Syria, as the case may be, 

14 such person did not acquire such materials; or 

15 (3) in the case of the provision of a vessel, in16 surance or reinsurance, or another shipping service 

17 for the transportation of goods to or from Iran, 

18 North Korea, or Syria, as the case may be, described 

19 in section 3(a)(3) for purposes relating to the nu20 clear, biological, or chemical weapons, or ballistic or 

21 cruise missile development programs of Iran, North 

22 Korea, or Syria, as the case may be, such person did 

23 not provide such a vessel or service. 

24 (b) OPPORTUNITY TO PROVIDE INFORMATION.— 

25 Congress urges the President— 


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1 (1) in every appropriate case, to contact in a 

2 timely fashion each person described in section 3(a), 

3 or the government with primary jurisdiction over 

4 such person, in order to afford such person, or such 

5 government, the opportunity to provide explanatory, 

6 exculpatory, or other additional information with re7 spect to the transfer that caused such person to be 

8 identified in a report submitted pursuant to section 

9 3(a); and 

10 (2) to exercise the authority described in sub11 section (a) in all cases in which information obtained 

12 from each person described in section 3(a), or from 

13 the government with primary jurisdiction over such 

14 person, establishes that the exercise of such author15 ity is warranted. 

16 (c) FORM OF TRANSMISSION.— 

17 (1) IN GENERAL.—Except as provided in para18 graph (2), the determination and report of the 

19 President under subsection (a) shall be transmitted 

20 in unclassified form. 

21 (2) EXCEPTION.—The determination and report 

22 of the President under subsection (a) may be trans23 mitted in classified form if the President certifies to 

24 the appropriate congressional committees that it is 


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1 vital to the national security interests of the United 

2 States to do so. 

3 SEC. 6. RESTRICTIONS ON NUCLEAR COOPERATION WITH 

4 COUNTRIES AIDING PROLIFERATION BY 

5 IRAN, NORTH KOREA, OR SYRIA. 

6 (a) IN GENERAL.— 

7 (1) RESTRICTIONS.—Notwithstanding any other 

8 provision of law, on or after the date of the enact9 ment of this Act— 

10 (A) no agreement for cooperation between 

11 the United States and the government of any 

12 country that is assisting the nuclear program of 

13 Iran, North Korea, or Syria, or transferring ad14 vanced conventional weapons or missiles to 

15 Iran, North Korea, or Syria may be submitted 

16 to the President or to Congress pursuant to 

17 section 123 of the Atomic Energy Act of 1954 

18 (42 U.S.C. 2153), 

19 (B) no such agreement may enter into 

20 force with respect to such country, 

21 (C) no license may be issued for export di22 rectly or indirectly to such country of any nu23 clear material, facilities, components, or other 

24 goods, services, or technology that would be 

25 subject to such agreement, and 


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1 (D) no approval may be given for the 

2 transfer or retransfer directly or indirectly to 

3 such country of any nuclear material, facilities, 

4 components, or other goods, services, or tech5 nology that would be subject to such agreement, 

6 until the President makes the determination and re7 port under paragraph (2). 

8 (2) DETERMINATION AND REPORT.—The deter9 mination and report referred to in paragraph (1) are 

10 a determination and report by the President, sub11 mitted to the Committee on Foreign Affairs of the 

12 House of Representatives and the Committee on 

13 Foreign Relations of the Senate, that— 

14 (A) Iran, North Korea, or Syria, as the 

15 case may, has ceased its efforts to design, de16 velop, or acquire a nuclear explosive device or 

17 related materials or technology; or 

18 (B) the government of the country that is 

19 assisting the nuclear programs of Iran, North 

20 Korea, or Syria, as the case may be, or trans21 ferring advanced conventional weapons or mis22 siles to Iran, North Korea, or Syria, as the case 

23 may be— 

24 (i) has suspended all nuclear assist25 ance to Iran, North Korea, or Syria, as the 


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1 case may be, and all transfers of advanced 

2 conventional weapons and missiles to Iran, 

3 North Korea, or Syria, as the case may be; 

4 and 

5 (ii) is committed to maintaining that 

6 suspension until Iran, North Korea, or 

7 Syria, as the case may be, has imple8 mented measures that would permit the 

9 President to make the determination de10 scribed in subparagraph (A). 

11 (b) RULES OF CONSTRUCTION.—The restrictions de12 scribed in subsection (a)(1)— 

13 (1) shall apply in addition to all other applica14 ble procedures, requirements, and restrictions de15 scribed in the Atomic Energy Act of 1954 and other 

16 applicable Acts; 

17 (2) shall not be construed as affecting the valid18 ity of an agreement for cooperation between the 

19 United States and the government of a country that 

20 is in effect on the date of the enactment of this Act; 

21 and 

22 (3) shall not be construed as applying to assist23 ance for the Bushehr nuclear reactor, unless such 

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1 tributing to the efforts of Iran to develop nuclear 

2 weapons. 

3 (c) DEFINITIONS.—In this section: 

4 (1) AGREEMENT FOR COOPERATION.—The term 

5 ‘‘agreement for cooperation’’ has the meaning given 

6 that term in section 11 b. of the Atomic Energy Act 

7 of 1954 (42 U.S.C. 2014 b.). 

8 (2) ASSISTING THE NUCLEAR PROGRAM OF

9 IRAN, NORTH KOREA, OR SYRIA.—The term ‘‘assist10 ing the nuclear program of Iran, North Korea, or 

11 Syria’’ means the intentional transfer to Iran, North 

12 Korea, or Syria by a government, or by a person 

13 subject to the jurisdiction of a government with the 

14 knowledge and acquiescence of that government, of 

15 goods, services, or technology listed on the Nuclear 

16 Suppliers Group Guidelines for the Export of Nu17 clear Material, Equipment and Technology (pub18 lished by the International Atomic Energy Agency as 

19 Information Circular INFCIRC/254/Rev. 3/Part 1, 

20 and subsequent revisions), or the Nuclear Suppliers 

21 Group Guidelines for Transfers of Nuclear-Related 

22 Dual-Use Equipment, Material, and Related Tech23 nology (published by the International Atomic En24 ergy Agency as Information Circular INFCIR/254/ 

25 Rev. 3/Part 2, and subsequent revisions). 


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1 (3) COUNTRY THAT IS ASSISTING THE NU2 CLEAR PROGRAMS OF IRAN, NORTH KOREA, OR

3 SYRIA OR TRANSFERRING ADVANCED CONVENTIONAL

4 WEAPONS OR MISSILES TO IRAN, NORTH KOREA, OR

5 SYRIA.—The term ‘‘country that is assisting the nu6 clear program of Iran, North Korea, or Syria or 

7 transferring advanced conventional weapons or mis8 siles to Iran, North Korea, or Syria’’ means any 

9 country determined by the President to be assisting 

10 the nuclear program of Iran, North Korea, or Syria 

11 or transferring advanced conventional weapons or 

12 missiles to Iran, North Korea, or Syria. 

13 (4) TRANSFER.—The term ‘‘transfer’’ means 

14 the conveyance of technological or intellectual prop15 erty, or the conversion of intellectual or technological 

16 advances into marketable goods, services, or articles 

17 of value, developed and generated in one place, to 

18 another through illegal or illicit means to a country, 

19 the government of which the Secretary of State has 

20 determined, for purposes of section 6(j)(1)(A) of the 

21 Export Administration Act of 1979 (as in effect pur22 suant to the International Emergency Economic 

23 Powers Act; 50 U.S.C. 1701 et seq.), section 40(d) 

24 of the Arms Export Control Act (22 U.S.C. 

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1 ance Act of 1961 (22 U.S.C. 2371), is a government 

2 that has repeatedly provided support for acts of 

3 international terrorism. 

4 (5) TRANSFERRING ADVANCED CONVENTIONAL

5 WEAPONS OR MISSILES TO IRAN, NORTH KOREA, OR

6 SYRIA.—The term ‘‘transferring advanced conven7 tional weapons or missiles to Iran, North Korea, or 

8 Syria’’ means the intentional transfer to Iran, North 

9 Korea, or Syria by a government, or by a person 

10 subject to the jurisdiction of a government with the 

11 knowledge and acquiescence of that government, of 

12 goods, services, or technology listed on— 

13 (A) the Wassenaar Arrangement list of 

14 Dual Use Goods and Technologies and Muni15 tions list of July 12, 1996, and subsequent revi16 sions; or 

17 (B) the Missile Technology Control Regime 

18 Equipment and Technology Annex of June 11, 

19 1996, and subsequent revisions. 

20 SEC. 7. IDENTIFICATION OF COUNTRIES THAT ENABLE 

21 PROLIFERATION TO OR FROM IRAN, NORTH 

22 KOREA, OR SYRIA. 

23 (a) ANNUAL REPORT.—The President shall transmit 

24 to the appropriate congressional committees and make 

25 available to the public on an annual basis a report that 


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1 identifies each foreign country that allows one or more for2 eign persons under the jurisdiction of such country to en3 gage in activities described in section 3 that are 

4 sanctionable under section 4 despite requests by the 

5 United States Government to the government of such 

6 country to prevent such activities. 

7 (b) FORM.—The report required under subsection (a) 

8 shall be submitted in unclassified form, but may contain 

9 a classified annex if necessary. 

10 SEC. 8. PROHIBITION ON UNITED STATES ASSISTANCE TO 

11 COUNTRIES ASSISTING PROLIFERATION AC12 TIVITIES BY IRAN, NORTH KOREA, OR SYRIA. 

13 (a) IN GENERAL.—The President shall prohibit as14 sistance (other than humanitarian assistance) under the 

15 Foreign Assistance Act of 1961 and shall not issue export 

16 licenses for defense articles or defense services under the 

17 Arms Export Control Act to a foreign country the govern18 ment of which the President has received credible informa19 tion is assisting Iran, North Korea, or Syria in the acquisi20 tion, development, or proliferation of weapons of mass de21 struction or ballistic missiles. 

22 (b) RESUMPTION OF ASSISTANCE.—The President is 

23 authorized to provide assistance described in subsection 

24 (a) to a foreign country subject to the prohibition in sub25 section (a) if the President determines and notifies the apVerDate Mar 15 2010 01:58 Dec 15, 2011 Jkt 019200 PO 00000 Frm 00022 Fmt 6652 Sfmt 6201 E:\BILLS\H2105.RFS H2105

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1 propriate congressional committees that there is credible 

2 information that the government of the country is no 

3 longer assisting Iran, North Korea, or Syria in the acqui4 sition, development, or proliferation of weapons of mass 

5 destruction or ballistic missiles. 

6 (c) DEFINITION.—In this section, the term ‘‘assist7 ing’’ means providing material or financial support of any 

8 kind, including purchasing of material, technology or 

9 equipment from Iran, North Korea, or Syria. 

10 SEC. 9. RESTRICTION ON EXTRAORDINARY PAYMENTS IN 

11 CONNECTION WITH THE INTERNATIONAL 

12 SPACE STATION. 

13 (a) RESTRICTION.— 

14 (1) IN GENERAL.—Notwithstanding any other 

15 provision of law, no agency of the United States 

16 Government may make extraordinary payments in 

17 connection with the International Space Station to 

18 the Russian Aviation and Space Agency, any organi19 zation or entity under the jurisdiction or control of 

20 the Russian Aviation and Space Agency, or any 

21 other organization, entity, or element of the Govern22 ment of the Russian Federation, unless, during the 

23 fiscal year in which such extraordinary payments are 

24 to be made, the President has made the determina25 tion described in subsection (b), and reported such 


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1 determination to the Committee on Foreign Affairs 

2 and the Committee on Science, Space, and Tech3 nology of the House of Representatives and the 

4 Committee on Foreign Relations and the Committee 

5 on Commerce, Science, and Transportation of the 

6 Senate. 

7 (2) WAIVER.—If the President is unable to 

8 make the determination described in subsection (b) 

9 with respect to a fiscal year in which extraordinary 

10 payments in connection with the International Space 

11 Station are to be made, the President is authorized 

12 to waive the application of paragraph (1) on a case13 by-case basis with respect to the fiscal year if not 

14 less than 15 days prior to the date on which the 

15 waiver is to take effect the President submits to the 

16 appropriate congressional committees a report that 

17 contains— 

18 (A) the reasons why the determination de19 scribed in subsection (b) cannot be made; 

20 (B) the amount of the extraordinary pay21 ment to be made under the waiver; 

22 (C) the steps being undertaken by the 

23 United States to ensure compliance by the Rus24 sian Federation with the conditions described in 

25 subsection (b); and 


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1 (D) a determination of the President that 

2 the waiver is vital to the national interests of 

3 the United States. 

4 (b) DETERMINATION REGARDING RUSSIAN CO5 OPERATION IN PREVENTING PROLIFERATION RELATING

6 TO IRAN, NORTH KOREA, AND SYRIA.—The determina7 tion referred to in subsection (a) is a determination by 

8 the President that— 

9 (1) it is the policy of the Government of the 

10 Russian Federation (including the law enforcement, 

11 export promotion, export control, and intelligence 

12 agencies of such Government) to oppose the pro13 liferation to or from Iran, North Korea, and Syria 

14 of weapons of mass destruction and missile systems 

15 capable of delivering such weapons; 

16 (2) the Government of the Russian Federation 

17 (including the law enforcement, export promotion, 

18 export control, and intelligence agencies of such Gov19 ernment) has demonstrated and continues to dem20 onstrate a sustained commitment to seek out and 

21 prevent the transfer to or from Iran, North Korea, 

22 and Syria of goods, services, and technology that 

23 could make a material contribution to the nuclear, 

24 biological, or chemical weapons, or of ballistic or 


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1 cruise missile systems development programs of 

2 Iran; and 

3 (3) neither the Russian Aviation and Space 

4 Agency, nor any organization or entity under the ju5 risdiction or control of the Russian Aviation and 

6 Space Agency, has, during the one-year period end7 ing on the date of the determination under this sub8 section made transfers to or from Iran, North 

9 Korea, or Syria reportable under section 3(a) (other 

10 than transfers with respect to which a determination 

11 pursuant to section 5 has been or will be made). 

12 (c) PRIOR NOTIFICATION.—Not less than five days 

13 before making a determination under this section, the 

14 President shall notify the Committee on Foreign Affairs 

15 and the Committee on Science, Space, and Technology of 

16 the House of Representatives and the Committee on For17 eign Relations and the Committee on Commerce, Science, 

18 and Transportation of the Senate of the President’s inten19 tion to make such a determination. 

20 (d) WRITTEN JUSTIFICATION.—A determination of 

21 the President under this section shall include a written 

22 justification describing in detail the facts and cir23 cumstances supporting the President’s conclusion. 

24 (e) TRANSMISSION IN CLASSIFIED FORM.—If the 

25 President considers it appropriate, a determination of the 


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1 President under this section, a prior notification under 

2 subsection (c), and a written justification under subsection 

3 (d), or appropriate parts thereof, may be transmitted in 

4 classified form. 

5 (f) EXCEPTION FOR CREW SAFETY.— 

6 (1) EXCEPTION.—The National Aeronautics 

7 and Space Administration may make extraordinary 

8 payments in connection with the International Space 

9 Station to the Russian Aviation and Space Agency 

10 or any organization or entity under the jurisdiction 

11 or control of the Russian Aviation and Space Agen12 cy, or any subcontractor thereof, that would other13 wise be prohibited under this section if the President 

14 notifies Congress in writing that such payments are 

15 necessary to prevent the imminent loss of life of or 

16 grievous injury to individuals aboard the Inter17 national Space Station. 

18 (2) REPORT.—Not later than 30 days after no19 tifying Congress that the National Aeronautics and 

20 Space Administration will make extraordinary pay21 ments under paragraph (1), the President shall 

22 transmit to Congress a report describing— 

23 (A) the extent to which the provisions of 

24 subsection (b) had been met as of the date of 

25 notification; and 


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1 (B) the measures that the National Aero2 nautics and Space Administration is taking to 

3 ensure that— 

4 (i) the conditions posing a threat of 

5 imminent loss of life of or grievous injury 

6 to individuals aboard the International 

7 Space Station necessitating the extraor8 dinary payments are not repeated; and 

9 (ii) it is no longer necessary to make 

10 extraordinary payments in order to prevent 

11 imminent loss of life of or grievous injury 

12 to individuals aboard the International 

13 Space Station. 

14 (g) SERVICE MODULE EXCEPTION.— 

15 (1) IN GENERAL.—The National Aeronautics 

16 and Space Administration may make extraordinary 

17 payments in connection with the International Space 

18 Station to the Russian Aviation and Space Agency, 

19 any organization or entity under the jurisdiction or 

20 control of the Russian Aviation and Space Agency, 

21 or any subcontractor thereof, that would otherwise 

22 be prohibited under this section for the construction, 

23 testing, preparation, delivery, launch, or mainte24 nance of the Service Module, and for the purchase 

25 (at a total cost not to exceed $14,000,000) of the 


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1 pressure dome for the Interim Control Module and 

2 the Androgynous Peripheral Docking Adapter and 

3 related hardware for the United States propulsion 

4 module, if— 

5 (A) the President has notified Congress at 

6 least five days before making such payments; 

7 (B) no report has been made under section 

8 3(a) with respect to an activity of the entity to 

9 receive such payment, and the President has no 

10 credible information of any activity that would 

11 require such a report; and 

12 (C) the United States will receive goods or 

13 services of value to the United States commen14 surate with the value of the extraordinary pay15 ments made. 

16 (2) DEFINITION.—For purposes of this sub17 section, the term ‘‘maintenance’’ means activities 

18 that cannot be performed by the National Aero19 nautics and Space Administration and which must 

20 be performed in order for the Service Module to pro21 vide environmental control, life support, and orbital 

22 maintenance functions which cannot be performed 

23 by an alternative means at the time of payment. 

24 (3) TERMINATION.—This subsection shall cease 

25 to be effective on the date that is 60 days after the 


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1 date on which a United States propulsion module is 

2 in place at the International Space Station. 

3 (h) EXCEPTION.—No agency of the United States 

4 Government may make extraordinary payments in connec5 tion with the International Space Station, or any other 

6 payments in connection with the International Space Sta7 tion, to any foreign person subject to measures applied 

8 pursuant to section 4 of Executive Order 12938 (Novem9 ber 14, 1994), as amended by Executive Order 13094 

10 (July 28, 1998). 

11 (i) REPORT ON CERTAIN PAYMENTS RELATED TO

12 INTERNATIONAL SPACE STATION.— 

13 (1) IN GENERAL.—The President shall, to14 gether with each report submitted under section 

15 3(a), transmit to the Committee on Foreign Rela16 tions of the Senate and the Committee on Foreign 

17 Affairs of the House of Representatives a report 

18 that identifies each Russian entity or person to 

19 whom the United States Government has, since No20 vember 22, 2005, made a payment in cash or in 

21 kind for work to be performed or services to be ren22 dered under the Agreement Concerning Cooperation 

23 on the Civil International Space Station, with annex, 

24 signed at Washington January 29, 1998, and en25 tered into force March 27, 2001, or any protocol, 


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1 agreement, memorandum of understanding, or con2 tract related thereto. 

3 (2) CONTENT.—Each report transmitted under 

4 paragraph (1) shall include— 

5 (A) the specific purpose of each payment 

6 made to each entity or person identified in such 

7 report; and 

8 (B) with respect to each such payment, the 

9 assessment of the President that the payment 

10 was not prejudicial to the achievement of the 

11 objectives of the United States Government to 

12 prevent the proliferation of ballistic or cruise 

13 missile systems in Iran and other countries that 

14 have repeatedly provided support for acts of 

15 international terrorism, as determined by the 

16 Secretary of State under section 620A(a) of the 

17 Foreign Assistance Act of 1961 (22 U.S.C. 

18 2371(a)), section 6(j) of the Export Adminis19 tration Act of 1979 (50 U.S.C. App. 2405(j)), 

20 or section 40(d) of the Arms Export Control 

21 Act (22 U.S.C. 2780(d)). 


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1 SEC. 10. EXCLUSION FROM THE UNITED STATES OF SENIOR 

2 OFFICIALS OF FOREIGN PERSONS WHO HAVE 

3 AIDED PROLIFERATION RELATING TO IRAN. 

4 Except as provided in subsection (b), the Secretary 

5 of State shall deny a visa to, and the Secretary of Home6 land Security shall exclude from the United States, any 

7 alien whom the Secretary of State determines is an alien 

8 who, on or after the date of the enactment of this Act, 

9 is a— 

10 (1) corporate officer, principal, or shareholder 

11 with a controlling interest of a foreign person identi12 fied in a report submitted pursuant to section 3(a); 

13 (2) corporate officer, principal, or shareholder 

14 with a controlling interest of a successor entity to, 

15 or a parent or subsidiary of, a foreign person identi16 fied in such a report; 

17 (3) corporate officer, principal, or shareholder 

18 with a controlling interest of an affiliate of a foreign 

19 person identified in such a report, if such affiliate 

20 engaged in the activities referred to in such report, 

21 and if such affiliate is controlled in fact by the for22 eign person identified in such report; or 

23 (4) spouse, minor child, or agent of a person 

24 excludable under paragraph (1), (2), or (3). 


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1 SEC. 11. PROHIBITION ON CERTAIN VESSELS LANDING IN 

2 THE UNITED STATES; ENHANCED INSPEC3 TIONS. 

4 The Ports and Waterways Safety Act (33 U.S.C. 

5 1221 et seq.) is amended by adding at the end the fol6 lowing: 

7 ‘‘SEC. 16. PROHIBITION ON CERTAIN VESSELS LANDING IN 

8 THE UNITED STATES; ENHANCED INSPEC9 TIONS. 

10 ‘‘(a) CERTIFICATION REQUIREMENT.— 

11 ‘‘(1) IN GENERAL.—Beginning on the date of 

12 enactment of the Iran, North Korea, and Syria Non13 proliferation Reform and Modernization Act of 

14 2011, before a vessel arrives at a port in the United 

15 States, the owner, charterer, operator, or master of 

16 the vessel shall certify that the vessel did not enter 

17 a port in Iran, North Korea, or Syria during the 

18 180-day period ending on the date of arrival of the 

19 vessel at the port in the United States. 

20 ‘‘(2) FALSE CERTIFICATIONS.—The Secretary 

21 shall prohibit from landing at a port in the United 

22 States for a period of at least 2 years— 

23 ‘‘(A) any vessel for which a false certifi24 cation was made under section (a); and 

25 ‘‘(B) any other vessel owned or operated 

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1 tion, or individual proprietorship of the vessel 

2 for which the false certification was made. 

3 ‘‘(b) ENHANCED INSPECTIONS.—The Secretary 

4 shall— 

5 ‘‘(1) identify foreign ports at which vessels have 

6 landed during the preceding 12-month period that 

7 have also landed at ports in Iran, North Korea, or 

8 Syria during that period; and 

9 ‘‘(2) inspect vessels arriving in the United 

10 States from foreign ports identified under paragraph 

11 (1) to establish whether the vessel was involved, dur12 ing the 12-month period ending on the date of ar13 rival of the vessel at the port in the United States, 

14 in any activity that would be subject to sanctions 

15 under the Iran, North Korea, and Syria Non16 proliferation Reform and Modernization Act of 

17 2011.’’. 

18 SEC. 12. SANCTIONS WITH RESPECT TO CRITICAL DEFENSE 

19 RESOURCES PROVIDED TO OR ACQUIRED 

20 FROM IRAN, NORTH KOREA, OR SYRIA. 

21 (a) IN GENERAL.—The President shall apply the 

22 sanctions described in subsection (b) to any person the 

23 President determines is, on or after the date of the enact24 ment of this Act, providing to, or acquiring from, Iran, 

25 North Korea, or Syria any good or technology that the 


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1 President determines is used, or is likely to be used, for 

2 military applications. 

3 (b) SANCTIONS DESCRIBED.—The sanctions de4 scribed in this subsection are, with respect to a person 

5 described in subsection (a), the following: 

6 (1) FOREIGN EXCHANGE.—Prohibiting any 

7 transactions in foreign exchange that are subject to 

8 the jurisdiction of the United States and in which 

9 that person has any interest. 

10 (2) BANKING TRANSACTIONS.—Prohibiting any 

11 transfers of credit or payments between financial in12 stitutions or by, through, or to any financial institu13 tion, to the extent that such transfers or payments 

14 are subject to the jurisdiction of the United States 

15 and involve any interest of that person. 

16 (3) PROPERTY TRANSACTIONS.—Prohibiting 

17 any person from— 

18 (A) acquiring, holding, withholding, using, 

19 transferring, withdrawing, transporting, or ex20 porting any property that is subject to the ju21 risdiction of the United States and with respect 

22 to which the person described in subsection (a) 

23 has any interest; 


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1 (B) dealing in or exercising any right, 

2 power, or privilege with respect to such prop3 erty; or 

4 (C) conducting any transaction involving 

5 such property. 

6 (4) LOAN GUARANTEES.—Prohibiting the head 

7 of any Federal agency from providing a loan guar8 antee to that person. 

9 (5) ADDITIONAL SANCTIONS.—Additional sanc10 tions, as appropriate, in accordance with the Inter11 national Emergency Economic Powers Act (50 

12 U.S.C. 1701 et seq.). 

13 (c) RESTRICTIONS ON EXPORT LICENSES FOR NU14 CLEAR COOPERATION AND CERTAIN LOAN GUARAN15 TEES.—Before issuing a license for the exportation of any 

16 article pursuant to an agreement for cooperation under 

17 section 123 of the Atomic Energy Act of 1954 (42 U.S.C. 

18 2153) or approving a loan guarantee or any other assist19 ance provided by the United States Government with re20 spect to a nuclear energy project, the Secretary of Energy, 

21 the Secretary of Commerce, and the Nuclear Regulatory 

22 Commission shall certify to Congress that issuing the li23 cense or approving the loan guarantee or other assistance 

24 (as the case may be) will not permit the transfer of any 


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1 good or technology described in subsection (a) to Iran, 

2 North Korea, or Syria. 

3 (d) EXCEPTION.—The sanctions described in sub4 section (b) shall not apply to the repayment or other satis5 faction of a loan or other obligation incurred under a pro6 gram of the Export-Import Bank of the United States, 

7 as in effect as of the date of the enactment of this Act. 

8 SEC. 13. DEFINITIONS. 

9 In this Act: 

10 (1) ADHERENT TO RELEVANT NONPROLIFERA11 TION REGIME.—A government is an ‘‘adherent’’ to a 

12 ‘‘relevant nonproliferation regime’’ if such govern13 ment— 

14 (A) is a member of the Nuclear Suppliers 

15 Group with respect to a transfer of goods, serv16 ices, or technology described in section 

17 3(a)(1)(A)(i); 

18 (B) is a member of the Missile Technology 

19 Control Regime with respect to a transfer of 

20 goods, services, or technology described in sec21 tion 3(a)(1)(A)(ii), or is a party to a binding 

22 international agreement with the United States 

23 that was in effect on January 1, 1999, to con24 trol the transfer of such goods, services, or 

25 technology in accordance with the criteria and 


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1 standards set forth in the Missile Technology 

2 Control Regime; 

3 (C) is a member of the Australia Group 

4 with respect to a transfer of goods, services, or 

5 technology described in section 3(a)(1)(A)(iii); 

6 (D) is a party to the Convention on the 

7 Prohibition of the Development, Production, 

8 Stockpiling and Use of Chemical Weapons and 

9 on Their Destruction with respect to a transfer 

10 of goods, services, or technology described in 

11 section 3(a)(1)(A)(iv); or 

12 (E) is a member of the Wassenaar Ar13 rangement with respect to a transfer of goods, 

14 services, or technology described in section 

15 3(a)(1)(A)(v). 

16 (2) APPROPRIATE CONGRESSIONAL COMMIT17 TEES.—The term ‘‘appropriate congressional com18 mittees’’ means the Committee on Foreign Affairs of 

19 the House of Representatives and the Committee on 

20 Foreign Relations and the Committee on Banking, 

21 Housing, and Urban Affairs of the Senate. 

22 (3) EXTRAORDINARY PAYMENTS IN CONNEC23 TION WITH THE INTERNATIONAL SPACE STATION.— 

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1 ments in cash or in kind made or to be made by the 

2 United States Government— 

3 (A) for work on the International Space 

4 Station which the Government of the Russian 

5 Federation pledged at any time to provide at its 

6 expense, or 

7 (B) for work on the International Space 

8 Station, or for the purchase of goods or services 

9 relating to human space flight, that are not re10 quired to be made under the terms of a con11 tract or other agreement that was in effect on 

12 January 1, 1999, as such terms were in effect 

13 on such date, 

14 except that such term does not mean payments in 

15 cash or in kind made or to be made by the United 

16 States Government before December 31, 2020, for 

17 work to be performed or services to be rendered be18 fore such date necessary to meet United States obli19 gations under the Agreement Concerning Coopera20 tion on the Civil International Space Station, with 

21 annex, signed at Washington January 29, 1998, and 

22 entered into force March 27, 2001, or any protocol, 

23 agreement, memorandum of understanding, or con24 tract related thereto. 


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1 (4) FOREIGN PERSON.—The term ‘‘foreign per2 son’’ means— 

3 (A) a natural person who is an alien; 

4 (B) a corporation, business association, 

5 partnership, society, trust, or any other non6 governmental entity, organization, or group, 

7 successor, subunit, or subsidiary organized 

8 under the laws of a foreign country or that has 

9 its principal place of business in a foreign coun10 try; and 

11 (C)(i) any foreign government; or 

12 (ii) any foreign government agency or enti13 ty. 

14 (5) KNOWINGLY.—The term ‘‘knowingly’’, with 

15 respect to conduct, a circumstance, or a result, 

16 means that a person has actual knowledge, or should 

17 have known, of the conduct, the circumstance, or the 

18 result of such conduct, circumstance, or result. 

19 (6) ORGANIZATION OR ENTITY UNDER THE JU20 RISDICTION OR CONTROL OF THE RUSSIAN AVIATION

21 AND SPACE AGENCY.— 

22 (A) DEFINITION.—The term ‘‘organization 

23 or entity under the jurisdiction or control of the 

24 Russian Aviation and Space Agency’’ means an 

25 organization or entity that— 


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1 (i) was made part of the Russian 

2 Space Agency upon its establishment on 

3 February 25, 1992; 

4 (ii) was transferred to the Russian 

5 Space Agency by decree of the Government 

6 of the Russian Federation on July 25, 

7 1994, or May 12, 1998; 

8 (iii) was or is transferred to the Rus9 sian Aviation and Space Agency or Rus10 sian Space Agency by decree of the Gov11 ernment of the Russian Federation at any 

12 other time before, on, or after March 14, 

13 2000; or 

14 (iv) is a joint stock company in which 

15 the Russian Aviation and Space Agency or 

16 Russian Space Agency has at any time 

17 held controlling interest. 

18 (B) EXTENSION.—Any organization or en19 tity described in subparagraph (A) shall be 

20 deemed to be under the jurisdiction or control 

21 of the Russian Aviation and Space Agency re22 gardless of whether— 

23 (i) such organization or entity, after 

24 being part of or transferred to the Russian 

25 Aviation and Space Agency or Russian 


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1 Space Agency, is removed from or trans2 ferred out of the Russian Aviation and 

3 Space Agency or Russian Space Agency; or 

4 (ii) the Russian Aviation and Space 

5 Agency or Russian Space Agency, after 

6 holding a controlling interest in such orga7 nization or entity, divests its controlling in8 terest. 

9 (7) SUBSIDIARY.—The term ‘‘subsidiary’’ 

10 means an entity (including a partnership, associa11 tion, trust, joint venture, corporation, or other orga12 nization) of a parent company that controls, directly 

13 or indirectly, the other entity. 

14 (8) TRANSFER OR TRANSFERRED.—The term 

15 ‘‘transfer’’ or ‘‘transferred’’, with respect to a good, 

16 service, or technology, includes— 

17 (A) the conveyance of technological or in18 tellectual property; and 

19 (B) the conversion of technological or intel20 lectual advances into marketable goods, serv21 ices, or technology of value that is developed 

22 and generated in one location and transferred 

23 to another location through illegal or illicit 

24 means. 


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1 (9) UNITED STATES PERSON.—The term 

2 ‘‘United States person’’ means— 

3 (A) a natural person who is a citizen or 

4 resident of the United States; or 

5 (B) an entity that is organized under the 

6 laws of the United States or any State or terri7 tory thereof. 

8 (10) VESSEL.—The term ‘‘vessel’’ has the 

9 meaning given such term in section 1081 of title 18, 

10 United States Code. Such term also includes air11 craft, regardless of whether or not the type of air12 craft at issue is described in such section. 

13 (11) TECHNICAL ASSISTANCE.—The term 

14 ‘‘technical assistance’’ means providing of advice, as15 sistance, and training pertaining to the installation, 

16 operation, and maintenance of equipment for desta17 bilizing types and forms of conventional weapons. 

18 SEC. 14. REPEAL OF IRAN, NORTH KOREA, AND SYRIA NON19 PROLIFERATION ACT. 

20 (a) REPEAL.—The Iran, North Korea, and Syria 

21 Nonproliferation Act (50 U.S.C. 1701 note) is repealed. 

22 (b) REFERENCES.—Any reference in a law, regula23 tion, document, or other record of the United States to 


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1 the Iran, North Korea, and Syria Nonproliferation Act 

2 shall be deemed to be a reference to this Act. 

Passed the House of Representatives December 14, 

2011. 

Attest: KAREN L. HAAS, 

Clerk. 


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