II 

110TH CONGRESS 

1ST SESSION S. 527 

To make amendments to the Iran, North Korea, and Syria Nonproliferation 

Act. 

IN THE SENATE OF THE UNITED STATES 

FEBRUARY 8, 2007 

Mr. FEINGOLD (for himself and Mr. KYL) introduced the following bill; which 

was read twice and referred to the Committee on Foreign Relations 

A BILL 

To make amendments to the Iran, North Korea, and Syria 

Nonproliferation Act. 

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 ‘‘Iran, North Korea, 

5 and Syria Nonproliferation Enforcement Act of 2007’’. 

6 SEC. 2. SANCTIONS APPLICABLE UNDER THE IRAN, NORTH 

7 KOREA, AND SYRIA NONPROLIFERATION ACT. 

8 (a) APPLICATION OF CERTAIN MEASURES.—Section 

9 3 of the Iran, North Korea, and Syria Nonproliferation 

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1 Act (Public Law 106–178, as amended; 50 U.S.C. 1701 

2 note) is amended— 

3 (1) by amending subsection (a) to read as fol4 lows: 

5 ‘‘(a) APPLICATION OF MEASURES.—Subject to sec6 tions 4 and 5, the President shall apply, for a period of 

7 not less than 2 years, the measures described in subsection 

8 (b) with respect to— 

9 ‘‘(1) each foreign person identified in a report 

10 submitted pursuant to section 2(a); 

11 ‘‘(2) all successors, subunits, and subsidiaries of 

12 each such foreign person; and 

13 ‘‘(3) any entity (if operating as a business en14 terprise) that owns more than 50 percent of, or con15 trols in fact, any such foreign person and any suc16 cessors, subunits, and subsidiaries of such entity.’’; 

17 (2) in subsection (b)— 

18 (A) by amending paragraph (1) to read as 

19 follows: 

20 ‘‘(1) EXECUTIVE ORDER 12938 PROHIBITIONS.— 

21 The measures set forth in subsections (b), (c), and 

22 (d) of section 4 of Executive Order 12938 (50 

23 U.S.C. 1701 note; relating to proliferation of weap24 ons of mass destruction).’’; 

25 (B) in paragraph (2)— 

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1 (i) by striking ‘‘to that foreign per2 son’’; and 

3 (ii) by striking ‘‘to that person’’; 

4 (C) in paragraph (3), by striking ‘‘to that 

5 person’’; and 

6 (D) by adding at the end the following new 

7 paragraphs: 

8 ‘‘(4) INVESTMENT PROHIBITION.—Prohibition 

9 on any new investment by a United States person in 

10 property, including entities, owned or controlled 

11 by— 

12 ‘‘(A) that foreign person; 

13 ‘‘(B) any entity (if operating as a business 

14 enterprise) that owns more than 50 percent of, 

15 or controls in fact, such foreign person; or 

16 ‘‘(C) any successor, subunit, or subsidiary 

17 of such entity. 

18 ‘‘(5) FINANCING PROHIBITION.—Prohibition on 

19 any approval, financing, or guarantee by a United 

20 States person, wherever located, of a transaction 

21 by— 

22 ‘‘(A) that foreign person; 

23 ‘‘(B) any entity (if operating as a business 

24 enterprise) that owns more than 50 percent of, 

25 or controls in fact, such foreign person; or 

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1 ‘‘(C) any successor, subunit, or subsidiary 

2 of such entity. 

3 ‘‘(6) FINANCIAL ASSISTANCE PROHIBITION.— 

4 Denial by the United States Government of any 

5 credit, credit guarantees, grants, or other financial 

6 assistance by any department, agency, or instrumen7 tality of the United States Government to— 

8 ‘‘(A) that foreign person; 

9 ‘‘(B) any entity (if operating as a business 

10 enterprise) that owns more than 50 percent of, 

11 or controls in fact, such foreign person; and 

12 ‘‘(C) any successor, subunit, or subsidiary 

13 of such entity.’’; and 

14 (3) by amending subsection (d) to read as fol15 lows: 

16 ‘‘(d) PUBLICATION IN FEDERAL REGISTER.— 

17 ‘‘(1) IN GENERAL.—The application of meas18 ures pursuant to subsection (a) shall be announced 

19 by notice published in the Federal Register. 

20 ‘‘(2) CONTENT.—Each notice published pursu21 ant to paragraph (1) shall include the name and ad22 dress (where known) of each person or entity to 

23 whom measures have been applied pursuant to sub24 section (a).’’. 

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1 (b) NATIONAL SECURITY WAIVER.—Section 4 of 

2 such Act is amended to read as follows: 

3 ‘‘SEC. 4. WAIVER ON BASIS OF NATIONAL SECURITY. 

4 ‘‘(a) IN GENERAL.—The President may waive the im5 position of any sanction that would otherwise be required 

6 under section 3 on any person or entity 15 days after the 

7 President determines and reports to the Committee on 

8 International Relations of the House of Representatives 

9 and the Committee on Foreign Relations of the Senate 

10 that such waiver is essential to the national security of 

11 the United States. 

12 ‘‘(b) WRITTEN JUSTIFICATION.—The determination 

13 and report of the President under subsection (a) shall in14 clude a written justification— 

15 ‘‘(1) describing in detail the circumstances and 

16 rationale supporting the President’s conclusion that 

17 the waiver is essential to the national security of the 

18 United States; and 

19 ‘‘(2) identifying— 

20 ‘‘(A) the name and address (where known) 

21 of the person or entity to whom the waiver is 

22 applied pursuant to subsection (a); 

23 ‘‘(B) the specific goods, services, or tech24 nologies, the transfer of which would have re25 quired the imposition of measures pursuant to 

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1 section 3 if the President had not invoked the 

2 waiver authority under subsection (a); and 

3 ‘‘(C) the name and address (where known) 

4 of the recipient of such transfer. 

5 ‘‘(c) FORM.—The written justification shall be sub6 mitted in unclassified form, but may contain a classified 

7 annex.’’. 

Æ 

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