I 

111TH CONGRESS 

1ST SESSION H. R. 364 

To restrict nuclear cooperation with the United Arab Emirates, and for 

other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

JANUARY 9, 2009 

Ms. ROS-LEHTINEN (for herself, Mr. ROYCE, Mr. SHERMAN, Mr. MARKEY of 

Massachusetts, Mr. FORTENBERRY, Mr. BURTON of Indiana, Mr. 

BOOZMAN, and Mr. WILSON of South Carolina) introduced the following 

bill; which was referred to the Committee on Foreign Affairs 

A BILL 

To restrict nuclear cooperation with the United Arab 

Emirates, 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, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Limitation on Nuclear 

5 Cooperation with the United Arab Emirates Act of 2009’’. 

6 SEC. 2. DEFINITIONS. 

7 In this Act: 


rfrederick on PROD1PC67 with BILLS
2 

•HR 364 IH

1 (1) APPROPRIATE CONGRESSIONAL COMMIT2 TEES.—The term ‘‘appropriate congressional com3 mittees’’ means— 

4 (A) the Committee on Foreign Affairs of 

5 the House of Representatives; and 

6 (B) the Committee on Foreign Relations of 

7 the Senate. 

8 (2) GOVERNMENT OF THE UNITED ARAB EMIR9 ATES.— 

10 (A) IN GENERAL.—The term ‘‘Government 

11 of the United Arab Emirates’’ includes the gov12 ernment of any subdivision of the United Arab 

13 Emirates, and any agency or instrumentality of 

14 the Government of the United Arab Emirates. 

15 (B) AGENCY OR INSTRUMENTALITY.—For 

16 purposes of subparagraph (A), the term ‘‘agen17 cy or instrumentality of the Government of the 

18 United Arab Emirates’’ means an agency or in19 strumentality of a foreign state as defined in 

20 section 1603(b) of title 28, United States Code, 

21 with each reference in such section to ‘‘a for22 eign state’’ deemed to be a reference to ‘‘the 

23 United Arab Emirates’’. 

24 (3) GOVERNMENT OF IRAN.— 


rfrederick on PROD1PC67 with BILLS
3 

•HR 364 IH

1 (A) IN GENERAL.—The term ‘‘Government 

2 of Iran’’ includes the government of any sub3 division of Iran, and any agency or instrumen4 tality of the Government of Iran. 

5 (B) AGENCY OR INSTRUMENTALITY.—For 

6 purposes of subparagraph (A), the term ‘‘agen7 cy or instrumentality of the Government of 

8 Iran’’ means an agency or instrumentality of a 

9 foreign state as defined in section 1603(b) of 

10 title 28, United States Code, with each ref11 erence in such section to ‘‘a foreign state’’ 

12 deemed to be a reference to ‘‘Iran’’. 

13 (4) NATIONAL OF THE UNITED ARAB EMIR14 ATES.—The term ‘‘national of the United Arab 

15 Emirates’’ means— 

16 (A) any citizen of the United Arab Emir17 ates; or 

18 (B) any other legal entity that is organized 

19 under the laws of the United Arab Emirates. 

20 (5) NATIONAL OF IRAN.—The term ‘‘national 

21 of Iran’’ means— 

22 (A) any citizen of Iran; or 

23 (B) any other legal entity that is organized 

24 under the laws of Iran. 


rfrederick on PROD1PC67 with BILLS
4 

•HR 364 IH

1 SEC. 3. RESTRICTION ON NUCLEAR COOPERATION WITH 

2 THE UNITED ARAB EMIRATES. 

3 (a) RESTRICTION ON NUCLEAR COOPERATION

4 AGREEMENT.—Notwithstanding any other provision of 

5 law or any international agreement, no agreement for co6 operation between the United States of America and the 

7 United Arab Emirates pursuant to section 123 of the 

8 Atomic Energy Act of 1954 (42 U.S.C. 2153) may enter 

9 into force on or after the date of the enactment of this 

10 Act unless not less than 30 legislative days prior to such 

11 entry into force the President certifies to the appropriate 

12 congressional committees that the requirements of sub13 section (c) have been met. 

14 (b) RESTRICTION ON EXPORTS OF NUCLEAR MATE15 RIAL, EQUIPMENT, OR TECHNOLOGY.—No license may be 

16 issued for the export of nuclear material, equipment, or 

17 technology to the United Arab Emirates pursuant to an 

18 agreement for cooperation between the United States of 

19 America and the United Arab Emirates pursuant to sec20 tion 123 of the Atomic Energy Act of 1954 (42 U.S.C. 

21 2153) for any fiscal year beginning after the date of the 

22 enactment of this Act unless not less than 30 legislative 

23 days prior to the issuance of such license the President 

24 certifies to the appropriate congressional committees for 

25 such fiscal year that the requirements of subsection (c) 

26 have been met. 


rfrederick on PROD1PC67 with BILLS
5 

•HR 364 IH

1 (c) REQUIREMENTS.—The requirements referred to 

2 in this subsection are the following: 

3 (1) The Government of the United Arab Emir4 ates has taken, and is continuing to take, effective 

5 actions to prohibit, terminate, and prevent the trans6 fer of goods, services, or technology to the Govern7 ment of Iran, including fully implementing United 

8 Nations Security Council sanctions against Iran. 

9 (2) For the preceding 12-month period— 

10 (A) there has been no cooperation with re11 spect to any activity described in paragraph (1) 

12 between the Government of the United Arab 

13 Emirates and the Government of Iran, any na14 tional of Iran, or any Iranian-controlled entity 

15 based on all credible information available to 

16 the United States at the time of the certifi17 cation; 

18 (B)(i) there has been no cooperation with 

19 respect to any activity described in paragraph 

20 (1) between any national of the United Arab 

21 Emirates and the Government of Iran, any na22 tional of Iran, or any Iranian-controlled entity 

23 based on all credible information available to 

24 the United States at the time of the certifi25 cation; or 


rfrederick on PROD1PC67 with BILLS
6 

•HR 364 IH

1 (ii) the Government of the United Arab 

2 Emirates has— 

3 (I) terminated all cooperation between 

4 any such United Arab Emirates national 

5 and the Government of Iran, any such Ira6 nian national, or any such Iranian-con7 trolled entity; 

8 (II) instituted effective measures to 

9 prevent a reoccurrence of any such co10 operation; and 

11 (III) prosecuted any such United 

12 Arab Emirates national; and 

13 (C) the Government of the United Arab 

14 Emirates has not engaged in or condoned ac15 tivities that violate— 

16 (i) the Iran Sanctions Act of 1996, in17 cluding Executive Orders 12957, 12959, 

18 13059 and other executive orders issued 

19 pursuant to such Act; 

20 (ii) the Iran, North Korea, and Syria 

21 Nonproliferation Act; and 

22 (iii) other provisions of applicable 

23 United States law. 

24 (3) The Government of the United Arab Emir25 ates— 


rfrederick on PROD1PC67 with BILLS
7 

•HR 364 IH

1 (A) has developed and fully implemented 

2 an export control regime in accordance with 

3 international standards; 

4 (B) has developed and implemented the 

5 appropriate or necessary legislative and func6 tional actions to target the logistical and finan7 cial networks that support terrorist organiza8 tions; and 

9 (C) has cooperated with the United States 

10 in identifying, preventing, disrupting and, 

11 where appropriate, prosecuting entities and in12 dividuals that assist Iran’s procurement of 

13 goods, services, or technology, and entities af14 filiated with the Iranian Revolutionary Guard 

15 Corps. 

16 (d) GOODS, SERVICES, OR TECHNOLOGY DEFINED.— 

17 (1) IN GENERAL.—Except as provided in para18 graph (2), in this section, the term ‘‘goods, services, 

19 or technology’’ means— 

20 (A) goods, services, or technology listed 

21 on— 

22 (i)(I) the Nuclear Suppliers Group 

23 Guidelines for the Export of Nuclear Mate24 rial, Equipment and Technology (published 

25 by the International Atomic Energy AgenVerDate Nov 24 2008 00:53 Jan 12, 2009 Jkt 079200 PO 00000 Frm 00007 Fmt 6652 Sfmt 6201 E:\BILLS\H364.IH H364

rfrederick on PROD1PC67 with BILLS
8 

•HR 364 IH

1 cy as Information Circular INFCIRC/254/ 

2 Rev. 8/Part 1, and subsequent revisions) 

3 and Guidelines for Transfers of Nuclear4 Related Dual-Use Equipment, Material, 

5 and Related Technology (published by the 

6 International Atomic Energy Agency as In7 formation Circular INFCIRC/254/Rev. 7/ 

8 Part 2, and subsequent revisions); 

9 (II) the Missile Technology Control 

10 Regime Equipment and Technology Annex 

11 of June 11, 1996, and subsequent revi12 sions; 

13 (III) the lists of items and substances 

14 relating to biological and chemical weapons 

15 the export of which is controlled by the 

16 Australia Group; 

17 (IV) the Schedule One or Schedule 

18 Two list of toxic chemicals and precursors 

19 the export of which is controlled pursuant 

20 to the Convention on the Prohibition of the 

21 Development, Production, Stockpiling and 

22 Use of Chemical Weapons and on Their 

23 Destruction; 

24 (V) the Wassenaar Arrangement list 

25 of Dual Use Goods and Technologies and 


rfrederick on PROD1PC67 with BILLS
9 

•HR 364 IH

1 Munitions list of July 12, 1996, and subse2 quent revisions; 

3 (VI) the United States Munitions List 

4 under section 38 of the Arms Export Con5 trol Act (22 U.S.C. 2778) for which special 

6 export controls are warranted under such 

7 Act (22 U.S.C. 2751 3 et seq.); or 

8 (VII) the Commerce Control List 

9 maintained under part 774 of title 15, 

10 Code of Federal Regulations; or 

11 (B) goods, services, or technology not list12 ed on any list identified in subparagraph (A) 

13 but which nevertheless would be, if they were 

14 United States goods, services, or technology, 

15 prohibited for export to Iran because of their 

16 potential to make a material contribution to the 

17 development of nuclear, biological, or chemical 

18 weapons, or of ballistic or cruise missile sys19 tems. 

20 (2) EXCLUSION.—The term ‘‘goods, services, or 

21 technology’’ does not include goods, services, or tech22 nology that are directly related to the operation of 

23 the Bushehr nuclear power reactor. 

Æ 


rfrederick on PROD1PC67 with BILLS