I 

113TH CONGRESS 

1ST SESSION H. R. 893 

To provide for the imposition of sanctions with respect to foreign persons 

who transfer to or acquire from Iran, North Korea, or Syria certain 

goods, services, or technology that contribute to the proliferation activities 

of Iran, North Korea, or Syria, and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

FEBRUARY 28, 2013 

Ms. ROS-LEHTINEN (for herself and Mr. SHERMAN) introduced the following 

bill; which was referred to the Committee on Foreign Affairs, and in addition to the Committees on Oversight and Government Reform, the Judiciary, Science, Space, and Technology, Financial Services, and Transportation and Infrastructure, for a period to be subsequently determined by 

the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned 

A BILL 

To provide for the imposition of sanctions with respect to 

foreign persons who transfer to or acquire from Iran, 

North Korea, or Syria certain goods, services, or technology that contribute to the proliferation activities of 

Iran, North Korea, or Syria, 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, 


smartinez on DSK6TPTVN1PROD with BILLS
2 

•HR 893 IH

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 Account4 ability Act of 2013’’. 

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. Imposition of sanctions against certain foreign persons. 

Sec. 4. Determination exempting a foreign person from the imposition of certain sanctions. 

Sec. 5. Restrictions on nuclear cooperation with countries aiding proliferation 

by Iran, North Korea, or Syria. 

Sec. 6. Identification of countries that enable proliferation to or from Iran, 

North Korea, or Syria. 

Sec. 7. Prohibition on United States assistance to countries assisting proliferation activities by Iran, North Korea, or Syria. 

Sec. 8. Restriction on extraordinary payments in connection with the International Space Station. 

Sec. 9. Exclusion from the United States of senior officials of foreign persons 

who have aided proliferation relating to Iran, North Korea, and 

Syria. 

Sec. 10. Prohibition on certain vessels landing in the United States; enhanced 

inspections. 

Sec. 11. Sanctions with respect to critical defense resources provided to or acquired from Iran, North Korea, or Syria. 

Sec. 12. Multilateral actions against Iran, North Korea, or Syria. 

Sec. 13. Repeal of waiver of sanctions relating to development of weapons of 

mass destruction or other military capabilities. 

Sec. 14. Definitions. 

Sec. 15. Repeal of Iran, North Korea, and Syria Nonproliferation Act. 

Sec. 16. Rule of construction. 

7 SEC. 2. STATEMENT OF POLICY. 

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

9 implement and enforce sanctions against any person, enti10 ty, or country that assists the proliferation activities or 

11 policies of Iran, North Korea, or Syria. 


smartinez on DSK6TPTVN1PROD with BILLS
3 

•HR 893 IH

1 SEC. 3. IMPOSITION OF SANCTIONS AGAINST CERTAIN FOR2 EIGN PERSONS. 

3 (a) IN GENERAL.—Not later than 90 days after the 

4 day of the enactment of this Act, the President shall im5 pose, for a period of not less than two years, the sanctions 

6 specified in subsection (c) with respect to a foreign person 

7 if the President determines and certifies to the appro8 priate congressional committees that the person— 

9 (1)(A) on or after September 1, 2007, trans10 ferred to or acquired from Iran, North Korea, or 

11 Syria— 

12 (i) goods, services, or technology listed 

13 on— 

14 (I) the Nuclear Suppliers Group 

15 Guidelines for the Export of Nuclear 

16 Material, Equipment and Technology 

17 (published by the International Atom18 ic Energy Agency as Information Cir19 cular INFCIRC/254/Rev. 3/Part 1, 

20 and subsequent revisions) and Guide21 lines for Transfers of Nuclear-Related 

22 Dual-Use Equipment, Material, and 

23 Related Technology (published by the 

24 International Atomic Energy Agency 

25 as Information Circular INFCIRC/ 


smartinez on DSK6TPTVN1PROD with BILLS
4 

•HR 893 IH

1 254/Rev. 3/Part 2, and subsequent re2 visions); 

3 (II) the Missile Technology Con4 trol Regime Equipment and Tech5 nology Annex of June 11, 1996, and 

6 subsequent revisions; 

7 (III) the lists of items and sub8 stances relating to biological and 

9 chemical weapons the export of which 

10 is controlled by the Australia Group; 

11 (IV) the Schedule One or Sched12 ule Two list of toxic chemicals and 

13 precursors the export of which is con14 trolled pursuant to the Convention on 

15 the Prohibition of the Development, 

16 Production, Stockpiling and Use of 

17 Chemical Weapons and on Their De18 struction; or 

19 (V) the Wassenaar Arrangement 

20 list of Dual Use Goods and Tech21 nologies and Munitions list of July 12, 

22 1996, and subsequent revisions; or 

23 (ii) goods, services, or technology not 

24 listed on any list specified in clause (i) but 

25 which nevertheless would be, if such goods, 


smartinez on DSK6TPTVN1PROD with BILLS
5 

•HR 893 IH

1 services, or technology were United States 

2 goods, services, or technology, prohibited 

3 for export to Iran, North Korea, or Syria, 

4 as the case may be, because of the poten5 tial of such goods, services or technology to 

6 contribute to the development of nuclear, 

7 biological, or chemical weapons, or of bal8 listic or cruise missile systems or desta9 bilizing types and amounts of conventional 

10 weapons; and 

11 (B) with respect to the transfer of goods, 

12 services, or technology, knew or should have 

13 known that the transfer of goods, services, or 

14 technology, to Iran, North Korea, or Syria, as 

15 the case may be, would contribute to the ability 

16 of Iran, North Korea, or Syria, as the case may 

17 be, to— 

18 (i) acquire or develop chemical, bio19 logical, or nuclear weapons or related tech20 nologies; or 

21 (ii) acquire or develop advanced or de22 stabilizing types and numbers of conven23 tional weapons; 


smartinez on DSK6TPTVN1PROD with BILLS
6 

•HR 893 IH

1 (2)(A) on or after September 1, 2007, trans2 ferred to another person goods, services, or tech3 nology described in paragraph (1)(A)(i) or (ii); and 

4 (B) knew or should have known that the trans5 fer of goods, services, or technology to another per6 son would likely result in such other person export7 ing, transferring, transshipping, or otherwise pro8 viding the goods, services, technology to the Govern9 ment of Iran, North Korea, or Syria, or to a person 

10 acting on behalf of or owned or controlled by, the 

11 Government of Iran, North Korea, or Syria, as the 

12 case may be; 

13 (3) on or after September 1, 2007, acquired 

14 materials mined or otherwise extracted within the 

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

16 as the case may be, for purposes relating to the nu17 clear, biological, or chemical weapons, or ballistic or 

18 cruise missile development programs of Iran, North 

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

20 (4) on or after September 1, 2007, transferred 

21 to Iran, Syria, or North Korea goods, services, or 

22 technology that could assist efforts to extract or mill 

23 uranium ore within the territory or control of Iran, 

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


smartinez on DSK6TPTVN1PROD with BILLS
7 

•HR 893 IH

1 (5) on or after September 1, 2007, provided de2 stabilizing types and amounts of conventional weap3 ons and technical assistance to the Government of 

4 Iran, North Korea, or Syria, or to a person acting 

5 on behalf of or owned or controlled by, the Govern6 ment of Iran, North Korea, or Syria, as the case 

7 may be; or 

8 (6) on or after August 10, 2010, provided a 

9 vessel, insurance or reinsurance, or any other ship10 ping service for the transportation of goods to or 

11 from Iran, North Korea, or Syria for purposes relat12 ing to the nuclear, biological, or chemical weapons, 

13 or ballistic or cruise missile development programs 

14 of Iran, North Korea, or Syria, as the case may be. 

15 (b) JOINT VENTURES RELATING TO THE MINING, 

16 PRODUCTION, OR TRANSPORTATION OF URANIUM.— 

17 (1) IN GENERAL.—Not later than 90 days after 

18 the date of the enactment of this Act, the President 

19 shall impose, for a period of not less than two years, 

20 the sanctions specified in subsection (c) with respect 

21 to a foreign person if the President determines that 

22 the person knowingly participated, on or after Au23 gust 10, 2012, in a joint venture that involves any 

24 activity relating to the mining, production, or trans25 portation of uranium— 


smartinez on DSK6TPTVN1PROD with BILLS
8 

•HR 893 IH

1 (A)(i) established on or after February 2, 

2 2012; and 

3 (ii) with— 

4 (I) the Government of Iran, the Gov5 ernment of North Korea, or the Govern6 ment of Syria; 

7 (II) an entity incorporated and sub8 ject to the jurisdiction of the Government 

9 of Iran, in North Korea or subject to the 

10 jurisdiction of the Government of North 

11 Korea, or Syria or subject to the jurisdic12 tion of the Government of Syria, as the 

13 case may be; or 

14 (III) a person acting on behalf of or 

15 at the direction of, or owned or controlled 

16 by, the Government of Iran or an entity 

17 described in subclause (II) with respect to 

18 Iran, the Government of North Korea or 

19 an entity described in subclause (II) with 

20 respect to North Korea, or the Government 

21 of Syria or an entity described in subclause 

22 (II) with respect to Syria, as the case may 

23 be; or 

24 (B)(i) established before February 2, 2012; 


smartinez on DSK6TPTVN1PROD with BILLS
9 

•HR 893 IH

1 (ii) with the Government of Iran, an entity 

2 described in subclause (II) of subparagraph 

3 (A)(ii) with respect to Iran, or a person de4 scribed in subclause (III) of that subparagraph 

5 with respect to Iran, the Government of North 

6 Korea, an entity described in subclause (II) of 

7 subparagraph (A)(ii) with respect to North 

8 Korea, or a person described in subclause (III) 

9 of that subparagraph with respect to North 

10 Korea, or the Government of Syria, an entity 

11 described in subclause (II) of subparagraph 

12 (A)(ii) with respect to Syria, or a person de13 scribed in subclause (III) of that subparagraph 

14 with respect to Syria, as the case may; and 

15 (iii) through which— 

16 (I) uranium is transferred directly to 

17 Iran, North Korea, or Syria, as the case 

18 may be, or indirectly to Iran, North Korea, 

19 or Syria, as the case may be, through a 

20 third country; 

21 (II) the Government of Iran, the Gov22 ernment of North Korea, or the Govern23 ment of Syria, as the case may be, receives 

24 significant revenue; or 


smartinez on DSK6TPTVN1PROD with BILLS
10 

•HR 893 IH

1 (III) Iran, North Korea, or Syria, as 

2 the case may be, could, through a direct 

3 operational role or by other means, receive 

4 technological knowledge or equipment not 

5 previously available to such country that 

6 could contribute materially to the ability of 

7 such country to develop nuclear weapons 

8 or related technologies. 

9 (2) APPLICABILITY OF SANCTIONS.—Paragraph 

10 (1) shall not apply with respect to participation in 

11 a joint venture established before August 10, 2012, 

12 if the person participating in the joint venture termi13 nated, with respect to Iran, that participation not 

14 later than the date that is 180 days after such such 

15 date with respect to North Korea and Syria, termi16 nates that participation not later than the date that 

17 is 90 days after the date of enactment of this Act. 

18 (c) DESCRIPTION OF SANCTIONS.—The sanctions re19 ferred to in subsections (a) and (b) are the following: 

20 (1) EXECUTIVE ORDER 12938 PROHIBITIONS.— 

21 The measures specified in the first sentence of sub22 section (b) and subsections (c) and (d) of section 4 

23 of Executive Order 12938 (50 U.S.C. 1701 note; re24 lating to proliferation of weapons of mass destruc25 tion). 


smartinez on DSK6TPTVN1PROD with BILLS
11 

•HR 893 IH

1 (2) ARMS EXPORT PROHIBITION.—Prohibition 

2 on United States Government sales to a person de3 scribed in subsection (a) or subsection (b) of any 

4 item on the United States Munitions List and termi5 nation of sales to such person of any defense arti6 cles, defense services, or design and construction 

7 services under the Arms Export Control Act (22 

8 U.S.C. 2751 et seq.). 

9 (3) DUAL USE EXPORT PROHIBITION.—Denial 

10 of licenses and suspension of existing licenses for the 

11 transfer to a foreign person described in subsection 

12 (a) or subsection (b) of items the export of which is 

13 controlled under the Export Administration Act of 

14 1979 (50 U.S.C. App. 2401 et seq.), as in effect 

15 pursuant to the International Emergency Economic 

16 Powers Act, or the Export Administration Regula17 tions. 

18 (4) INVESTMENT PROHIBITION.—Prohibition on 

19 any investment by a United States person in prop20 erty, including entities, owned or controlled by a for21 eign person described in subsection (a) or subsection 

22 (b). 

23 (5) FINANCING PROHIBITION.—Prohibition on 

24 any approval, financing, or guarantee by a United 

25 States person, wherever located, of a transaction by 


smartinez on DSK6TPTVN1PROD with BILLS
12 

•HR 893 IH

1 a foreign person described in subsection (a) or sub2 section (b). 

3 (6) FINANCIAL ASSISTANCE PROHIBITION.—De4 nial by the United States Government of any credit, 

5 credit guarantees, grants, or other financial assist6 ance by any agency of the United States Govern7 ment to a foreign person described in subsection (a) 

8 or subsection (b). 

9 (7) BAN ON INVESTMENT IN EQUITY OR DEBT

10 OF SANCTIONED PERSON.—Prohibition on any 

11 United States person from investing in or pur12 chasing significant amounts of equity or debt instru13 ments of a foreign person described in subsection (a) 

14 or subsection (b). 

15 (8) EXCLUSION OF CORPORATE OFFICERS.— 

16 The Secretary of State shall deny a visa to, and the 

17 Secretary of Homeland Security to exclude from the 

18 United States, any alien that the President deter19 mines is a corporate officer or principal of, or a 

20 shareholder with a controlling interest in, a foreign 

21 person described in subsection (a) or subsection (b). 

22 (9) SANCTIONS ON PRINCIPAL EXECUTIVE OF23 FICERS.—The President shall impose on the prin24 cipal executive officer or officers of a foreign person 

25 described in subsection (a) or subsection (b), or on 


smartinez on DSK6TPTVN1PROD with BILLS
13 

•HR 893 IH

1 persons performing similar functions and with simi2 lar authorities as such officer or officers, any of the 

3 sanctions under this subsection. 

4 (d) PUBLICATION IN FEDERAL REGISTER.— 

5 (1) IN GENERAL.—The Secretary of the Treas6 ury shall publish in the Federal Register notice of 

7 the imposition against a foreign person of sanctions 

8 pursuant to subsection (a) or subsection (b). 

9 (2) CONTENT.—Each notice published in ac10 cordance with paragraph (1) shall include the name 

11 and address (where known) of each foreign person 

12 with respect to which sanctions have been imposed 

13 pursuant to subsection (a) of subsection (b). 

14 SEC. 4. DETERMINATION EXEMPTING A FOREIGN PERSON 

15 FROM THE IMPOSITION OF CERTAIN SANC16 TIONS. 

17 (a) IN GENERAL.—The imposition of any sanction 

18 described in section 3(c) to a foreign person described in 

19 subsection (a) or (b) of section 3 shall cease to be effective 

20 beginning 30 days after the date on which the President 

21 determines and certifies to the appropriate congressional 

22 committees that— 

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

24 goods, services, or technology described in section 

25 3(a)(1)— 


smartinez on DSK6TPTVN1PROD with BILLS
14 

•HR 893 IH

1 (A) such person did not, on or after Sep2 tember 1, 2007, knowingly transfer to or ac3 quire from Iran, North Korea, or Syria, as the 

4 case may be, such goods, services, or technology 

5 the apparent transfer of which caused such per6 son to be subject to sanctions under section 3; 

7 (B) such transfer did not contribute to the 

8 efforts of Iran, North Korea, or Syria, as the 

9 case may be, to develop— 

10 (i) nuclear, biological, or chemical 

11 weapons, or ballistic or cruise missile sys12 tems, or weapons listed on the Wassenaar 

13 Arrangement Munitions List of July 12, 

14 1996, or any subsequent revision of such 

15 List; or 

16 (ii) destabilizing types or amounts of 

17 conventional weapons or acquire technical 

18 assistance; 

19 (C) such person is subject to the primary 

20 jurisdiction of a government that is an adherent 

21 to one or more relevant nonproliferation re22 gimes or that has a sanctions regime under its 

23 governing foreign law concerning Iran, North 

24 Korea, or Syria, and such transfer was made in 

25 accordance with the guidelines and parameters 


smartinez on DSK6TPTVN1PROD with BILLS
15 

•HR 893 IH

1 of all such relevant nonproliferation or sanc2 tions regimes; or 

3 (D) the government with primary jurisdic4 tion over such person has imposed meaningful 

5 penalties on such person on account of the 

6 transfer of such goods, services, or technology 

7 that caused such person to be subject to sanc8 tions under section 3; 

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

10 mined or otherwise extracted within the territory of 

11 Iran, North Korea, or Syria, as the case may be, de12 scribed in section 3(a)(2) for purposes relating to 

13 the nuclear, biological, or chemical weapons, or bal14 listic or cruise missile development programs of 

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

16 such person did not acquire such materials; or 

17 (3) in the case of the provision of a vessel, in18 surance or reinsurance, or another shipping service 

19 for the transportation of goods to or from Iran, 

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

21 in section 3(a)(3) for purposes relating to the nu22 clear, biological, or chemical weapons, or ballistic or 

23 cruise missile development programs of Iran, North 

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

25 not provide such a vessel or service. 


smartinez on DSK6TPTVN1PROD with BILLS
16 

•HR 893 IH

1 (b) OPPORTUNITY TO PROVIDE INFORMATION.— 

2 Congress urges the President— 

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

4 timely fashion each person described in subsection 

5 (a) or (b) of section 3, or the government with pri6 mary jurisdiction over such person, in order to af7 ford such person, or such government, the oppor8 tunity to provide explanatory, exculpatory, or other 

9 additional information with respect to the transfer 

10 that caused such person to be subject to sanctions 

11 under section 3; and 

12 (2) to exercise the authority described in sub13 section (a) in all cases in which information obtained 

14 from each person described in subsection (a) or (b) 

15 of section 3, or from the government with primary 

16 jurisdiction over such person, establishes that the ex17 ercise of such authority is warranted. 

18 (c) FORM OF TRANSMISSION.— 

19 (1) IN GENERAL.—Except as provided in para20 graph (2), the determination and report of the 

21 President under subsection (a) shall be transmitted 

22 in unclassified form. 

23 (2) EXCEPTION.—The determination and report 

24 of the President under subsection (a) may be trans25 mitted in classified form if the President certifies to 


smartinez on DSK6TPTVN1PROD with BILLS
17 

•HR 893 IH

1 the appropriate congressional committees that it is 

2 vital to the national security interests of the United 

3 States to do so. 

4 SEC. 5. RESTRICTIONS ON NUCLEAR COOPERATION WITH 

5 COUNTRIES AIDING PROLIFERATION BY 

6 IRAN, NORTH KOREA, OR SYRIA. 

7 (a) IN GENERAL.— 

8 (1) RESTRICTIONS.—Notwithstanding any other 

9 provision of law, on or after the date of the enact10 ment of this Act— 

11 (A) no agreement for cooperation between 

12 the United States and the government of any 

13 country that is assisting the nuclear program of 

14 Iran, North Korea, or Syria, or transferring ad15 vanced conventional weapons or missiles to 

16 Iran, North Korea, or Syria may be submitted 

17 to the President or to Congress pursuant to 

18 section 123 of the Atomic Energy Act of 1954 

19 (42 U.S.C. 2153), 

20 (B) no such agreement may enter into 

21 force with respect to such country, 

22 (C) no license may be issued for export di23 rectly or indirectly to such country of any nu24 clear material, facilities, components, or other 


smartinez on DSK6TPTVN1PROD with BILLS
18 

•HR 893 IH

1 goods, services, or technology that would be 

2 subject to such agreement, and 

3 (D) no approval may be given for the 

4 transfer or retransfer directly or indirectly to 

5 such country of any nuclear material, facilities, 

6 components, or other goods, services, or tech7 nology that would be subject to such agreement, 

8 until the President makes the determination and re9 port under paragraph (2). 

10 (2) DETERMINATION AND REPORT.—The deter11 mination and report referred to in paragraph (1) are 

12 a determination and report by the President, sub13 mitted to the Committee on Foreign Affairs of the 

14 House of Representatives and the Committee on 

15 Foreign Relations of the Senate, that— 

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

17 case may, has ceased its efforts to design, de18 velop, or acquire a nuclear explosive device or 

19 related materials or technology; or 

20 (B) the government of the country that is 

21 assisting the nuclear programs of Iran, North 

22 Korea, or Syria, as the case may be, or trans23 ferring advanced conventional weapons or mis24 siles to Iran, North Korea, or Syria, as the case 

25 may be— 


smartinez on DSK6TPTVN1PROD with BILLS
19 

•HR 893 IH

1 (i) has suspended all nuclear assist2 ance to Iran, North Korea, or Syria, as the 

3 case may be, and all transfers of advanced 

4 conventional weapons and missiles to Iran, 

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

6 and 

7 (ii) is committed to maintaining that 

8 suspension until Iran, North Korea, or 

9 Syria, as the case may be, has imple10 mented measures that would permit the 

11 President to make the determination de12 scribed in subparagraph (A). 

13 (b) RULES OF CONSTRUCTION.—The restrictions de14 scribed in subsection (a)(1)— 

15 (1) shall apply in addition to all other applica16 ble procedures, requirements, and restrictions de17 scribed in the Atomic Energy Act of 1954 and other 

18 applicable Acts; 

19 (2) shall not be construed as affecting the valid20 ity of an agreement for cooperation between the 

21 United States and the government of a country that 

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

23 and 

24 (3) shall not be construed as applying to assist25 ance for the Bushehr nuclear reactor, unless such 


smartinez on DSK6TPTVN1PROD with BILLS
20 

•HR 893 IH

1 assistance is determined by the President to be con2 tributing to the efforts of Iran to develop nuclear 

3 weapons. 

4 (c) DEFINITIONS.—In this section: 

5 (1) AGREEMENT FOR COOPERATION.—The term 

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

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

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

9 (2) ASSISTING THE NUCLEAR PROGRAM OF

10 IRAN, NORTH KOREA, OR SYRIA.—The term ‘‘assist11 ing the nuclear program of Iran, North Korea, or 

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

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

14 subject to the jurisdiction of a government with the 

15 knowledge and acquiescence of that government, of 

16 goods, services, or technology listed on the Nuclear 

17 Suppliers Group Guidelines for the Export of Nu18 clear Material, Equipment and Technology (pub19 lished by the International Atomic Energy Agency as 

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

21 and subsequent revisions), or the Nuclear Suppliers 

22 Group Guidelines for Transfers of Nuclear-Related 

23 Dual-Use Equipment, Material, and Related Tech24 nology (published by the International Atomic EnVerDate Mar 15 2010 02:18 Mar 02, 2013 Jkt 029200 PO 00000 Frm 00020 Fmt 6652 Sfmt 6201 E:\BILLS\H893.IH H893

smartinez on DSK6TPTVN1PROD with BILLS
21 

•HR 893 IH

1 ergy Agency as Information Circular INFCIR/254/ 

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

3 (3) COUNTRY THAT IS ASSISTING THE NU4 CLEAR PROGRAM OF IRAN, NORTH KOREA, OR SYRIA

5 OR TRANSFERRING ADVANCED CONVENTIONAL

6 WEAPONS OR MISSILES TO IRAN, NORTH KOREA, OR

7 SYRIA.—The term ‘‘country that is assisting the nu8 clear program of Iran, North Korea, or Syria or 

9 transferring advanced conventional weapons or mis10 siles to Iran, North Korea, or Syria’’ means any 

11 country determined by the President to be assisting 

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

13 or transferring advanced conventional weapons or 

14 missiles to Iran, North Korea, or Syria. 

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

16 the conveyance of technological or intellectual prop17 erty, or the conversion of intellectual or technological 

18 advances into marketable goods, services, or articles 

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

20 another through illegal or illicit means to a country, 

21 the government of which the Secretary of State has 

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

23 Export Administration Act of 1979 (as in effect pur24 suant to the International Emergency Economic 

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


smartinez on DSK6TPTVN1PROD with BILLS
22 

•HR 893 IH

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

2 2780(d)), and section 620A of the Foreign Assist3 ance Act of 1961 (22 U.S.C. 2371), is a government 

4 that has repeatedly provided support for acts of 

5 international terrorism. 

6 (5) TRANSFERRING ADVANCED CONVENTIONAL

7 WEAPONS OR MISSILES TO IRAN, NORTH KOREA, OR

8 SYRIA.—The term ‘‘transferring advanced conven9 tional weapons or missiles to Iran, North Korea, or 

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

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

12 subject to the jurisdiction of a government with the 

13 knowledge and acquiescence of that government, of 

14 goods, services, or technology listed on— 

15 (A) the Wassenaar Arrangement list of 

16 Dual Use Goods and Technologies and Muni17 tions list of July 12, 1996, and subsequent revi18 sions; or 

19 (B) the Missile Technology Control Regime 

20 Equipment and Technology Annex of June 11, 

21 1996, and subsequent revisions. 


smartinez on DSK6TPTVN1PROD with BILLS
23 

•HR 893 IH

1 SEC. 6. IDENTIFICATION OF COUNTRIES THAT ENABLE 

2 PROLIFERATION TO OR FROM IRAN, NORTH 

3 KOREA, OR SYRIA. 

4 (a) ANNUAL REPORT.—Not later than 90 days after 

5 the date of the enactment of this Act, and every 120 days 

6 thereafter, the President shall transmit to the appropriate 

7 congressional committees and make available to the public 

8 a report that identifies each person subject to sanctions 

9 under section 3 and each foreign country that allows one 

10 or more persons under the jurisdiction of such country to 

11 engage in activities that are sanctionable under section 3 

12 despite requests by the United States Government to the 

13 government of such country to prevent such activities. 

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

15 shall be submitted in unclassified form, but may contain 

16 a classified annex if necessary to protect United States 

17 national security interests. 

18 SEC. 7. PROHIBITION ON UNITED STATES ASSISTANCE TO 

19 COUNTRIES ASSISTING PROLIFERATION AC20 TIVITIES BY IRAN, NORTH KOREA, OR SYRIA. 

21 (a) IN GENERAL.—The President shall prohibit as22 sistance (other than humanitarian assistance) under the 

23 Foreign Assistance Act of 1961 and shall not issue export 

24 licenses for defense articles or defense services under the 

25 Arms Export Control Act to— 


smartinez on DSK6TPTVN1PROD with BILLS
24 

•HR 893 IH

1 (1) a foreign country the government of which 

2 the President has received credible information is as3 sisting Iran, North Korea, or Syria in the acquisi4 tion, development, or proliferation of weapons of 

5 mass destruction or ballistic missiles; or 

6 (2) a foreign country identified in the most-re7 cent report transmitted to the appropriate congres8 sional committees under section 6(a). 

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

10 authorized to provide assistance described in subsection 

11 (a) to a foreign country subject to the prohibition in sub12 section (a) if the President determines and notifies the ap13 propriate congressional committees that there is credible 

14 information that the government of the country is no 

15 longer assisting Iran, North Korea, or Syria in the acqui16 sition, development, or proliferation of weapons of mass 

17 destruction or ballistic missiles and has taken appropriate 

18 steps to correct the behavior that resulted in it being in19 cluded in the report in section 6(A). 

20 (c) DEFINITION.—In this section, the term ‘‘assist21 ing’’ means providing material or financial support of any 

22 kind, including purchasing of material, technology or 

23 equipment from Iran, North Korea, or Syria. 


smartinez on DSK6TPTVN1PROD with BILLS
25 

•HR 893 IH

1 SEC. 8. RESTRICTION ON EXTRAORDINARY PAYMENTS IN 

2 CONNECTION WITH THE INTERNATIONAL 

3 SPACE STATION. 

4 (a) RESTRICTION.— 

5 (1) IN GENERAL.—Notwithstanding any other 

6 provision of law, no agency of the United States 

7 Government may make extraordinary payments in 

8 connection with the International Space Station to 

9 the Russian Aviation and Space Agency, any organi10 zation or entity under the jurisdiction or control of 

11 the Russian Aviation and Space Agency, or any 

12 other organization, entity, or element of the Govern13 ment of the Russian Federation, unless, during the 

14 fiscal year in which such extraordinary payments are 

15 to be made, the President has made the determina16 tion described in subsection (b), and reported such 

17 determination to the Committee on Foreign Affairs 

18 and the Committee on Science, Space, and Tech19 nology of the House of Representatives and the 

20 Committee on Foreign Relations and the Committee 

21 on Commerce, Science, and Transportation of the 

22 Senate. 

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

24 make the determination described in subsection (b) 

25 with respect to a fiscal year in which extraordinary 

26 payments in connection with the International Space 


smartinez on DSK6TPTVN1PROD with BILLS
26 

•HR 893 IH

1 Station are to be made, the President is authorized 

2 to waive the application of paragraph (1) on a case3 by-case basis with respect to the fiscal year if not 

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

5 waiver is to take effect the President submits to the 

6 appropriate congressional committees a report that 

7 contains— 

8 (A) the reasons why the determination de9 scribed in subsection (b) cannot be made; 

10 (B) the amount of the extraordinary pay11 ment to be made under the waiver; 

12 (C) the steps being undertaken by the 

13 United States to ensure compliance by the Rus14 sian Federation with the conditions described in 

15 subsection (b); and 

16 (D) a determination of the President that 

17 the waiver is vital to the national interests of 

18 the United States. 

19 (b) DETERMINATION REGARDING RUSSIAN CO20 OPERATION IN PREVENTING PROLIFERATION RELATING

21 TO IRAN, NORTH KOREA, AND SYRIA.—The determina22 tion referred to in subsection (a) is a determination by 

23 the President that— 

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

25 Russian Federation (including the law enforcement, 


smartinez on DSK6TPTVN1PROD with BILLS
27 

•HR 893 IH

1 export promotion, export control, and intelligence 

2 agencies of such Government) to oppose the pro3 liferation to or from Iran, North Korea, and Syria 

4 of weapons of mass destruction and missile systems 

5 capable of delivering such weapons; 

6 (2) the Government of the Russian Federation 

7 (including the law enforcement, export promotion, 

8 export control, and intelligence agencies of such Gov9 ernment) has demonstrated and continues to dem10 onstrate a sustained commitment to seek out and 

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

12 and Syria of goods, services, and technology that 

13 could make a contribute to the nuclear, biological, or 

14 chemical weapons, or of ballistic or cruise missile 

15 systems development programs of Iran; and 

16 (3) neither the Russian Aviation and Space 

17 Agency, nor any organization or entity under the ju18 risdiction or control of the Russian Aviation and 

19 Space Agency, has, during the one-year period end20 ing on the date of the determination under this sub21 section made transfers to or from Iran, North 

22 Korea, or Syria subject to sanctions under section 

23 3(a) (other than transfers with respect to which a 

24 determination pursuant to section 5 has been or will 

25 be made). 


smartinez on DSK6TPTVN1PROD with BILLS
28 

•HR 893 IH

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

2 before making a determination under this section, the 

3 President shall notify the Committee on Foreign Affairs 

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

5 the House of Representatives and the Committee on For6 eign Relations and the Committee on Commerce, Science, 

7 and Transportation of the Senate of the President’s inten8 tion to make such a determination. 

9 (d) WRITTEN JUSTIFICATION.—A determination of 

10 the President under this section shall include a written 

11 justification describing in detail the facts and cir12 cumstances supporting the President’s conclusion. 

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

14 President considers it appropriate, a determination of the 

15 President under this section, a prior notification under 

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

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

18 classified form. 

19 (f) EXCEPTION FOR CREW SAFETY.— 

20 (1) EXCEPTION.—The National Aeronautics 

21 and Space Administration may make extraordinary 

22 payments in connection with the International Space 

23 Station to the Russian Aviation and Space Agency 

24 or any organization or entity under the jurisdiction 

25 or control of the Russian Aviation and Space AgenVerDate Mar 15 2010 02:18 Mar 02, 2013 Jkt 029200 PO 00000 Frm 00028 Fmt 6652 Sfmt 6201 E:\BILLS\H893.IH H893

smartinez on DSK6TPTVN1PROD with BILLS
29 

•HR 893 IH

1 cy, or any subcontractor thereof, that would other2 wise be prohibited under this section if the President 

3 notifies Congress in writing that such payments are 

4 necessary to prevent the imminent loss of life of or 

5 grievous injury to individuals aboard the Inter6 national Space Station. 

7 (2) REPORT.—Not later than 30 days after no8 tifying Congress that the National Aeronautics and 

9 Space Administration will make extraordinary pay10 ments under paragraph (1), the President shall 

11 transmit to Congress a report describing— 

12 (A) the extent to which the provisions of 

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

14 notification; and 

15 (B) the measures that the National Aero16 nautics and Space Administration is taking to 

17 ensure that— 

18 (i) the conditions posing a threat of 

19 imminent loss of life of or grievous injury 

20 to individuals aboard the International 

21 Space Station necessitating the extraor22 dinary payments are not repeated; and 

23 (ii) it is no longer necessary to make 

24 extraordinary payments in order to prevent 

25 imminent loss of life of or grievous injury 


smartinez on DSK6TPTVN1PROD with BILLS
30 

•HR 893 IH

1 to individuals aboard the International 

2 Space Station. 

3 (g) SERVICE MODULE EXCEPTION.— 

4 (1) IN GENERAL.—The National Aeronautics 

5 and Space Administration may make extraordinary 

6 payments in connection with the International Space 

7 Station to the Russian Aviation and Space Agency, 

8 any organization or entity under the jurisdiction or 

9 control of the Russian Aviation and Space Agency, 

10 or any subcontractor thereof, that would otherwise 

11 be prohibited under this section for the construction, 

12 testing, preparation, delivery, launch, or mainte13 nance of the Service Module, and for the purchase 

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

15 pressure dome for the Interim Control Module and 

16 the Androgynous Peripheral Docking Adapter and 

17 related hardware for the United States propulsion 

18 module, if— 

19 (A) the President has notified Congress at 

20 least five days before making such payments; 

21 (B) the entity is not subject to sanctions 

22 under section 3(a) with respect to an activity of 

23 the entity to receive such payment, and the 

24 President has no credible information of any ac25 tivity that would require such a report; and 


smartinez on DSK6TPTVN1PROD with BILLS
31 

•HR 893 IH

1 (C) the United States will receive goods or 

2 services of value to the United States commen3 surate with the value of the extraordinary pay4 ments made. 

5 (2) DEFINITION.—For purposes of this sub6 section, the term ‘‘maintenance’’ means activities 

7 that cannot be performed by the National Aero8 nautics and Space Administration and which must 

9 be performed in order for the Service Module to pro10 vide environmental control, life support, and orbital 

11 maintenance functions which cannot be performed 

12 by an alternative means at the time of payment. 

13 (3) TERMINATION.—This subsection shall cease 

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

15 date on which a United States propulsion module is 

16 in place at the International Space Station. 

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

18 Government may make extraordinary payments in connec19 tion with the International Space Station, or any other 

20 payments in connection with the International Space Sta21 tion, to any foreign person subject to measures applied 

22 pursuant to section 4 of Executive Order 12938 (Novem23 ber 14, 1994), as amended by Executive Order 13094 

24 (July 28, 1998). 


smartinez on DSK6TPTVN1PROD with BILLS
32 

•HR 893 IH

1 (i) REPORT ON CERTAIN PAYMENTS RELATED TO

2 INTERNATIONAL SPACE STATION.— 

3 (1) IN GENERAL.—The President shall transmit 

4 to the Committee on Foreign Relations of the Sen5 ate and the Committee on Foreign Affairs of the 

6 House of Representatives a report that identifies 

7 each Russian entity or person to whom the United 

8 States Government has, since November 22, 2005, 

9 made a payment in cash or in kind for work to be 

10 performed or services to be rendered under the 

11 Agreement Concerning Cooperation on the Civil 

12 International Space Station, with annex, signed at 

13 Washington January 29, 1998, and entered into 

14 force March 27, 2001, or any protocol, agreement, 

15 memorandum of understanding, or contract related 

16 thereto. 

17 (2) CONTENT.—Each report transmitted under 

18 paragraph (1) shall include— 

19 (A) the specific purpose of each payment 

20 made to each entity or person identified in such 

21 report; and 

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

23 assessment of the President that the payment 

24 was not prejudicial to the achievement of the 

25 objectives of the United States Government to 


smartinez on DSK6TPTVN1PROD with BILLS
33 

•HR 893 IH

1 prevent the proliferation of ballistic or cruise 

2 missile systems in Iran and other countries that 

3 have repeatedly provided support for acts of 

4 international terrorism, as determined by the 

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

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

7 2371(a)), section 6(j) of the Export Adminis8 tration Act of 1979 (50 U.S.C. App. 2405(j)), 

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

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

11 SEC. 9. EXCLUSION FROM THE UNITED STATES OF SENIOR 

12 OFFICIALS OF FOREIGN PERSONS WHO HAVE 

13 AIDED PROLIFERATION RELATING TO IRAN, 

14 NORTH KOREA, AND SYRIA. 

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

16 of State shall deny a visa to, and the Secretary of Home17 land Security shall exclude from the United States, any 

18 alien whom the Secretary of State determines is an alien 

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

20 is a— 

21 (1) corporate officer, principal, or shareholder 

22 with a controlling interest of a foreign person sub23 ject to sanctions under section 3(a); 

24 (2) corporate officer, principal, or shareholder 

25 with a controlling interest of a successor entity to, 


smartinez on DSK6TPTVN1PROD with BILLS
34 

•HR 893 IH

1 or a parent or subsidiary of, a foreign person identi2 fied in such a report; 

3 (3) corporate officer, principal, or shareholder 

4 with a controlling interest of an affiliate of a foreign 

5 person identified in such a report, if such affiliate 

6 engaged in the activities referred to in such report, 

7 and if such affiliate is controlled in fact by the for8 eign person identified in such report; or 

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

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

11 SEC. 10. PROHIBITION ON CERTAIN VESSELS LANDING IN 

12 THE UNITED STATES; ENHANCED INSPEC13 TIONS. 

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

15 1221 et seq.) is amended by adding at the end the fol16 lowing: 

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

18 THE UNITED STATES; ENHANCED INSPEC19 TIONS. 

20 ‘‘(a) CERTIFICATION REQUIREMENT.— 

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

22 enactment of the Iran, North Korea, and Syria Non23 proliferation Accountability Act of 2013, before a 

24 vessel arrives at a port in the United States, the 

25 owner, charterer, operator, or master of the vessel 


smartinez on DSK6TPTVN1PROD with BILLS
35 

•HR 893 IH

1 shall certify that the vessel did not enter a port in 

2 Iran, North Korea, or Syria during the 180-day pe3 riod ending on the date of arrival of the vessel at the 

4 port in the United States. 

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

6 shall prohibit from landing at a port in the United 

7 States for a period of at least 2 years— 

8 ‘‘(A) any vessel for which a false certifi9 cation was made under section (a); and 

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

11 by a parent corporation, partnership, associa12 tion, or individual proprietorship of the vessel 

13 for which the false certification was made. 

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

15 shall— 

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

17 landed during the preceding 12-month period that 

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

19 Syria during that period; and 

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

21 States from foreign ports identified under paragraph 

22 (1) to establish whether the vessel was involved, dur23 ing the 12-month period ending on the date of ar24 rival of the vessel at the port in the United States, 

25 in any activity that would be subject to sanctions 


smartinez on DSK6TPTVN1PROD with BILLS
36 

•HR 893 IH

1 under the Iran, North Korea, and Syria Non2 proliferation Accountability Act of 2013.’’. 

3 SEC. 11. SANCTIONS WITH RESPECT TO CRITICAL DEFENSE 

4 RESOURCES PROVIDED TO OR ACQUIRED 

5 FROM IRAN, NORTH KOREA, OR SYRIA. 

6 (a) IN GENERAL.—The President shall impose the 

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

8 President determines is, on or after the date of the enact9 ment of this Act, providing to, or acquiring from, Iran, 

10 North Korea, or Syria any goods, services, or technology 

11 the person knows, or should know, is used, or is likely 

12 to be used, for military application. 

13 (b) SANCTIONS DESCRIBED.—The sanctions de14 scribed in this subsection are, with respect to a person 

15 described in subsection (a), the following: 

16 (1) FOREIGN EXCHANGE.—Prohibiting any 

17 transactions in foreign exchange that are subject to 

18 the jurisdiction of the United States and in which 

19 that person has any interest. 

20 (2) BANKING TRANSACTIONS.—Prohibiting any 

21 transfers of credit or payments between financial in22 stitutions or by, through, or to any financial institu23 tion, to the extent that such transfers or payments 

24 are subject to the jurisdiction of the United States 

25 and involve any interest of that person. 


smartinez on DSK6TPTVN1PROD with BILLS
37 

•HR 893 IH

1 (3) PROPERTY TRANSACTIONS.—Prohibiting 

2 any person from— 

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

4 transferring, withdrawing, transporting, or ex5 porting any property that is subject to the ju6 risdiction of the United States and with respect 

7 to which the person described in subsection (a) 

8 has any interest; 

9 (B) dealing in or exercising any right, 

10 power, or privilege with respect to such prop11 erty; or 

12 (C) conducting any transaction involving 

13 such property. 

14 (4) LOAN GUARANTEES.—Prohibiting the head 

15 of any Federal agency from providing a loan guar16 antee to that person. 

17 (5) ADDITIONAL SANCTIONS.—Additional sanc18 tions, as appropriate, in accordance with the Inter19 national Emergency Economic Powers Act (50 

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

21 (c) RESTRICTIONS ON EXPORT LICENSES FOR NU22 CLEAR COOPERATION AND CERTAIN LOAN GUARAN23 TEES.—Before issuing a license for the exportation of any 

24 article pursuant to an agreement for cooperation under 

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


smartinez on DSK6TPTVN1PROD with BILLS
38 

•HR 893 IH

1 2153) or approving a loan guarantee or any other assist2 ance provided by the United States Government with re3 spect to a nuclear energy project, the Secretary of Energy, 

4 the Secretary of Commerce, and the Nuclear Regulatory 

5 Commission shall certify to Congress that issuing the li6 cense or approving the loan guarantee or other assistance 

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

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

9 North Korea, or Syria. 

10 (d) EXCEPTION.—The sanctions described in sub11 section (b) shall not apply to the repayment or other satis12 faction of a loan or other obligation incurred under a pro13 gram of the Export-Import Bank of the United States, 

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

15 SEC. 12. MULTILATERAL ACTIONS AGAINST IRAN, NORTH 

16 KOREA, OR SYRIA. 

17 (a) PROHIBITION ON UNITED STATES ASSISTANCE

18 TO THE INTERNATIONAL ATOMIC ENERGY AGENCY.— 

19 (1) PROHIBITION.—No funds from any United 

20 States assessed or voluntary contribution to the 

21 International Atomic Energy Agency (IAEA) may be 

22 used to support any assistance provided by the 

23 IAEA through its Technical Cooperation Program to 

24 Iran, North Korea, or Syria. 


smartinez on DSK6TPTVN1PROD with BILLS
39 

•HR 893 IH

1 (2) WAIVER.—The provisions of paragraph (1) 

2 may be waived if— 

3 (A) the IAEA has suspended all assistance 

4 provided through its Technical Cooperation 

5 Program to Iran, North Korea, and Syria; and 

6 (B) the President certifies that Iran, 

7 North Korea, and Syria— 

8 (i) no longer pose a threat to the na9 tional security, interests, and allies of the 

10 United States; and 

11 (ii) are no longer in violation of their 

12 international nonproliferation obligations 

13 and United Nations Security Council reso14 lutions. 

15 (3) UNITED STATES ACTIONS AT IAEA.—The 

16 President shall direct the United States Permanent 

17 Representative to the IAEA to use the voice, vote, 

18 and influence of the United States at the IAEA to 

19 block the allocation of funds for any assistance pro20 vided by the IAEA through its Technical Coopera21 tion Program to Iran, North Korea, or Syria. 

22 (b) DECLARATION OF POLICY RELATING TO NU23 CLEAR NONPROLIFERATION TREATY.— 

24 (1) FINDINGS.—Congress finds the following: 


smartinez on DSK6TPTVN1PROD with BILLS
40 

•HR 893 IH

1 (A) The Governments of Iran, North 

2 Korea, and Syria are in clear violation of inter3 national nonproliferation agreements and 

4 United Nations Security Council resolutions. 

5 (B) The pursuit by the Governments of 

6 Iran, North Korea, and Syria of covert nuclear 

7 activities and their refusal to cooperate with the 

8 International Atomic Energy Agency in its past 

9 and current investigations into their nuclear 

10 programs are further evidence of their dis11 regard for their nonproliferation obligations. 

12 (C) The Governments of Iran, North 

13 Korea, and Syria are not in good standing with 

14 respect to their nonproliferation obligations. 

15 (D) The actions of the Governments of 

16 Iran, North Korea, and Syria have dem17 onstrated their respective nuclear programs are 

18 not for peaceful use. 

19 (2) DECLARATION OF POLICY.—Congress de20 clares that the Governments of Iran, North Korea, 

21 and Syria have forfeited all privileges under the 

22 Treaty on the Nonproliferation of Nuclear Weapons, 

23 including access to nuclear equipment, materials, 

24 and information. 


smartinez on DSK6TPTVN1PROD with BILLS
41 

•HR 893 IH

1 (3) DENIAL OF NPT PRIVILEGES TO IRAN, 

2 NORTH KOREA, AND SYRIA.—The United States Per3 manent Representative to the United Nations and 

4 the United States Permanent Representative to the 

5 International Atomic Energy Agency shall use the 

6 voice, vote, and influence of the United States to se7 cure adoption of a resolution at the United Nations 

8 Security Council and at the IAEA declaring that 

9 Iran, North Korea, and Syria have forfeited all privi10 leges under the Treaty on the Nonproliferation of 

11 Nuclear Weapons. 

12 (c) REPORT.—Not later than 90 days after the date 

13 of the enactment of this Act, the President shall transmit 

14 to the appropriate congressional committees a report on 

15 the implementation of this section. 

16 SEC. 13. REPEAL OF WAIVER OF SANCTIONS RELATING TO 

17 DEVELOPMENT OF WEAPONS OF MASS DE18 STRUCTION OR OTHER MILITARY CAPABILI19 TIES. 

20 Section 9(c)(1) of the Iran Sanctions Act of 1996 

21 (Public Law 104–172; 50 U.S.C. 1701 note) is amend22 ed— 

23 (1) by striking subparagraph (B); 

24 (2) by redesignating subparagraph (C) as sub25 paragraph (B); and 


smartinez on DSK6TPTVN1PROD with BILLS
42 

•HR 893 IH

1 (3) in subparagraph (B) (as redesignated by 

2 paragraph (2) of this section)— 

3 (A) by striking ‘‘or (B)’’ each place it ap4 pears; and 

5 (B) by striking ‘‘, as applicable’’. 

6 SEC. 14. DEFINITIONS. 

7 In this Act: 

8 (1) ADHERENT TO RELEVANT NONPROLIFERA9 TION REGIME.—A government is an ‘‘adherent’’ to a 

10 ‘‘relevant nonproliferation regime’’ if such govern11 ment— 

12 (A) is a member of the Nuclear Suppliers 

13 Group with respect to a transfer of goods, serv14 ices, or technology described in section 

15 3(a)(1)(A)(i); 

16 (B) is a member of the Missile Technology 

17 Control Regime with respect to a transfer of 

18 goods, services, or technology described in sec19 tion 3(a)(1)(A)(ii), or is a party to a binding 

20 international agreement with the United States 

21 that was in effect on January 1, 1999, to con22 trol the transfer of such goods, services, or 

23 technology in accordance with the criteria and 

24 standards set forth in the Missile Technology 

25 Control Regime; 


smartinez on DSK6TPTVN1PROD with BILLS
43 

•HR 893 IH

1 (C) is a member of the Australia Group 

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

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

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

5 Prohibition of the Development, Production, 

6 Stockpiling and Use of Chemical Weapons and 

7 on Their Destruction with respect to a transfer 

8 of goods, services, or technology described in 

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

10 (E) is a member of the Wassenaar Ar11 rangement with respect to a transfer of goods, 

12 services, or technology described in section 

13 3(a)(1)(A)(v). 

14 (2) APPROPRIATE CONGRESSIONAL COMMIT15 TEES.—The term ‘‘appropriate congressional com16 mittees’’ means the Committee on Foreign Affairs of 

17 the House of Representatives and the Committee on 

18 Foreign Relations and the Committee on Banking, 

19 Housing, and Urban Affairs of the Senate. 

20 (3) EXTRAORDINARY PAYMENTS IN CONNEC21 TION WITH THE INTERNATIONAL SPACE STATION.— 

22 The term ‘‘extraordinary payments in connection 

23 with the International Space Station’’ means pay24 ments in cash or in kind made or to be made by the 

25 United States Government— 


smartinez on DSK6TPTVN1PROD with BILLS
44 

•HR 893 IH

1 (A) for work on the International Space 

2 Station which the Government of the Russian 

3 Federation pledged at any time to provide at its 

4 expense, or 

5 (B) for work on the International Space 

6 Station not required to be made under the 

7 terms of a contract or other agreement that 

8 was in effect on January 1, 1999, as such 

9 terms were in effect on such date, 

10 except that such term does not mean payments in 

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

12 States Government before December 31, 2020, for 

13 work to be performed or services to be rendered be14 fore such date necessary to meet United States obli15 gations under the Agreement Concerning Coopera16 tion on the Civil International Space Station, with 

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

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

19 agreement, memorandum of understanding, or con20 tract related thereto. 

21 (4) FOREIGN PERSON.—The term ‘‘foreign per22 son’’ means— 

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

24 (B) a corporation, business association, 

25 partnership, society, trust, or any other nonVerDate Mar 15 2010 02:18 Mar 02, 2013 Jkt 029200 PO 00000 Frm 00044 Fmt 6652 Sfmt 6201 E:\BILLS\H893.IH H893

smartinez on DSK6TPTVN1PROD with BILLS
45 

•HR 893 IH

1 governmental entity, organization, or group, 

2 successor, subunit, or subsidiary organized 

3 under the laws of a foreign country or that has 

4 its principal place of business in a foreign coun5 try; and 

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

7 (ii) any foreign government agency or enti8 ty. 

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

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

11 means that a person knew, or should have known, 

12 of the conduct, the circumstance, or the result of 

13 such conduct, circumstance, or result. 

14 (6) ORGANIZATION OR ENTITY UNDER THE JU15 RISDICTION OR CONTROL OF THE RUSSIAN AVIATION

16 AND SPACE AGENCY.— 

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

18 or entity under the jurisdiction or control of the 

19 Russian Aviation and Space Agency’’ means an 

20 organization or entity that— 

21 (i) was made part of the Russian 

22 Space Agency upon its establishment on 

23 February 25, 1992; 

24 (ii) was transferred to the Russian 

25 Space Agency by decree of the Government 


smartinez on DSK6TPTVN1PROD with BILLS
46 

•HR 893 IH

1 of the Russian Federation on July 25, 

2 1994, or May 12, 1998; 

3 (iii) was or is transferred to the Rus4 sian Aviation and Space Agency or Rus5 sian Space Agency by decree of the Gov6 ernment of the Russian Federation at any 

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

8 2000; or 

9 (iv) is a joint stock company in which 

10 the Russian Aviation and Space Agency or 

11 Russian Space Agency has at any time 

12 held controlling interest. 

13 (B) EXTENSION.—Any organization or en14 tity described in subparagraph (A) shall be 

15 deemed to be under the jurisdiction or control 

16 of the Russian Aviation and Space Agency re17 gardless of whether— 

18 (i) such organization or entity, after 

19 being part of or transferred to the Russian 

20 Aviation and Space Agency or Russian 

21 Space Agency, is removed from or trans22 ferred out of the Russian Aviation and 

23 Space Agency or Russian Space Agency; or 

24 (ii) the Russian Aviation and Space 

25 Agency or Russian Space Agency, after 


smartinez on DSK6TPTVN1PROD with BILLS
47 

•HR 893 IH

1 holding a controlling interest in such orga2 nization or entity, divests its controlling in3 terest. 

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

5 means an entity (including a partnership, associa6 tion, trust, joint venture, corporation, or other orga7 nization) of a parent company that controls, directly 

8 or indirectly, the other entity. 

9 (8) TRANSFER OR TRANSFERRED.—The term 

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

11 service, or technology, includes— 

12 (A) the conveyance of technological or in13 tellectual property; and 

14 (B) the conversion of technological or intel15 lectual advances into marketable goods, serv16 ices, or technology of value that is developed 

17 and generated in one location and transferred 

18 to another location through illegal or illicit 

19 means. 

20 (9) UNITED STATES PERSON.—The term 

21 ‘‘United States person’’ means— 

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

23 resident of the United States; or 


smartinez on DSK6TPTVN1PROD with BILLS
48 

•HR 893 IH

1 (B) an entity that is organized under the 

2 laws of the United States or any State or terri3 tory thereof. 

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

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

6 United States Code. Such term also includes air7 craft, regardless of whether or not the type of air8 craft at issue is described in such section. 

9 (11) TECHNICAL ASSISTANCE.—The term 

10 ‘‘technical assistance’’ means providing of advice, as11 sistance, and training pertaining to the installation, 

12 operation, and maintenance of equipment for desta13 bilizing types and forms of conventional weapons. 

14 SEC. 15. REPEAL OF IRAN, NORTH KOREA, AND SYRIA NON15 PROLIFERATION ACT. 

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

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

18 (b) REFERENCES.—Any reference in a law, regula19 tion, document, or other record of the United States to 

20 the Iran, North Korea, and Syria Nonproliferation Act 

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

22 SEC. 16. RULE OF CONSTRUCTION. 

23 Nothing in this Act or the amendments made by this 

24 Act— 


smartinez on DSK6TPTVN1PROD with BILLS
49 

•HR 893 IH

1 (1) shall be construed to limit the authority of 

2 the President to impose additional sanctions pursu3 ant to the International Emergency Economic Pow4 ers Act (50 U.S.C. 1701 et seq.), relevant Executive 

5 orders, and other provisions of law; or 

6 (2) shall apply to the authorized intelligence ac7 tivities of the United States. 

Æ 


smartinez on DSK6TPTVN1PROD with BILLS