I
106TH CONGRESS
2D SESSION
H. R. 4829
To provide for the application of certain measures to the People’s Republic
of China in response to the illegal sale, transfer, or misuse of certain
controlled goods, services, or technology, and for other purposes.
IN THE HOUSE OF REPRESENTATIVES
JULY 12, 2000
Mr. GILMAN (for himself and Mr. MARKEY) introduced the following bill;
which was referred to the Committee on International Relations, and in
addition to the Committee on Rules, for a period to be subsequently de-
termined 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 application of certain measures to the
People’s Republic of China in response to the illegal
sale, transfer, or misuse of certain controlled goods, serv-
ices, or technology, and for other purposes.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ‘‘China Nonproliferation
Act’’.
SEC. 2. DEFINITIONS.
In this Act:
(1) ADVANCED CONVENTIONAL WEAPONS.—The
term ‘‘advanced conventional weapons’’ includes—
(A) long-range precision-guided munitions,
fuel air explosives, cruise missiles, low observ-
ability aircraft or vessels, other radar evading
aircraft or vessels, advanced military aircraft,
military satellites, electromagnetic weapons, and
laser weapons;
(B) advanced command, control, and com-
munications systems, electronic warfare sys-
tems, and intelligence collection systems; and
(C) such other items or systems as the
President may, by regulation, determine nec-
essary for purposes of this title.
(2) GOODS
AND
TECHNOLOGY.—The terms
‘‘goods’’ and ‘‘technology’’ mean—
(A) any article, natural or manmade sub-
stance, material, supply, or manufactured prod-
uct, including inspection and test equipment;
and
(B) any information and know-how (wheth-
er in tangible form, such as models, prototypes,
drawings, sketches, diagrams, blueprints, or
manuals, or in intangible form, such as training
or technical services) that can be used to de-
sign, produce, manufacture, utilize, improve the
performance of or reconstruct goods, including
computer software and technical data.
(3) PERSON.—The term ‘‘person’’ means—
(A) any United States or People’s Republic
of China individual, partnership, corporation, or
other form of association, or any of their suc-
cessor entities, parents, or subsidiaries;
(B) any other nongovernmental entity, or-
ganization, or group, that is organized under
the laws of the United States or the People’s
Republic of China or has its principal place of
business in the United States or the People’s
Republic of China;
(C) any governmental entity of the Peo-
ple’s Republic of China operating as a business
enterprise; and
(D) any successor, subunit, or subsidiary
of any entity described in subparagraphs (A)
through (C).
(4) 
PROLIFERATION
ACTIVITY.—The 
term
‘‘proliferation activity’’ means the activity described
in section 3(a)(1).
(5) STATE-OWNED ENTERPRISE OF THE PEO-
PLE’S REPUBLIC OF CHINA.—
(A) IN GENERAL.—The term ‘‘state-owned
enterprise of the People’s Republic of China’’
means a person who is affiliated with or wholly
owned, controlled, or subsidized by the Govern-
ment of the People’s Republic of China or the
People’s Liberation Army and whose means of
production, products, and revenues are owned
or controlled by a central or provincial govern-
ment authority. A person shall be considered to
be state-owned if—
(i) the person’s assets are primarily
owned by a central or provincial govern-
ment authority;
(ii) a substantial proportion of the
person’s profits are required to be sub-
mitted to a central or provincial govern-
ment authority;
(iii) the person’s production, pur-
chases of inputs, and sales of output, in
whole or in part, are subject to state, sec-
toral, or regional plans; or
(iv) a license issued by a government
authority classifies the person as state-
owned.
(B) EXCEPTION.—Any person that—
(i) is a qualified foreign joint venture
or is licensed by a governmental authority
as a collective, cooperative, or private en-
terprise; or
(ii) is wholly owned by a foreign per-
son,
shall not be considered to be state-owned.
(C) QUALIFIED
FOREIGN
JOINT
VEN-
TURE.—The term ‘‘qualified foreign joint ven-
ture’’ means any person—
(i) which is registered and licensed in
the agency or department of the Govern-
ment of the People’s Republic of China
concerned with foreign economic relations
and trade as an equity, cooperative, con-
tractual joint venture, or joint stock com-
pany with foreign investment;
(ii) in which the foreign investor part-
ner and a person of the People’s Republic
of China share profits and losses and joint-
ly manage the venture;
(iii) in which the foreign investor
partner holds or controls at least 25 per-
cent of the investment and the foreign in-
vestor partner is not substantially owned
or controlled by a state-owned enterprise of
the People’s Republic of China;
(iv) in which the foreign investor part-
ner is not a person of a country the gov-
ernment of which the Secretary of State
has determined under section 6(j) of the
Export Administration Act of 1979 (50
U.S.C. App. 2405(j)) to have repeatedly
provided support for acts of international
terrorism; and
(v) which does not use state-owned
enterprises of the People’s Republic of
China to export its goods or services.
(6) UNITED
STATES
ASSISTANCE.—The term
‘‘United States assistance’’ means—
(A) any assistance under the Foreign As-
sistance Act of 1961, other than urgent human-
itarian assistance or medicine;
(B) sales and assistance under the Arms
Export Control Act;
(C) financing by the Commodity Credit
Corporation for export sales of agricultural
commodities; and
(D) financing under the Export-Import
Bank Act.
SEC. 3. REPORTS ON PROLIFERATION BY PEOPLE’S REPUB-
LIC OF CHINA.
(a) REPORTS.—
(1) IN GENERAL.—The President shall, at the
times specified in subsection (b), submit to the Com-
mittee on International Relations of the House of
Representatives, the Committee on Foreign Rela-
tions of the Senate, the Committee on Armed Serv-
ices of the Senate, the Select Committee on Intel-
ligence of the Senate, and the Committee on Govern-
mental Affairs of the Senate, a report identifying
every person with respect to whom there is credible
information indicating that that person, on or after
January 1, 2000, transferred, retransferred, sold,
misused, or diverted from, or within, the People’s
Republic of China to a foreign person or national of
the People’s Republic of China involved in the devel-
opment or acquisition of nuclear, chemical, or bio-
logical weapons or ballistic or cruise missiles—
(A) goods, services, or technology listed
on—
(i) the Nuclear Suppliers Group
Guidelines for the Export of Nuclear Mate-
rial, Equipment and Technology (published
by the International Atomic Energy Agen-
cy as Information Circular INFCIRC/254/
Rev. 3/Part 1, and subsequent revisions)
and Guidelines for Transfers of Nuclear-
Related Dual-Use Equipment, Material,
and Related Technology (published by the
International Atomic Energy Agency as In-
formation Circular INFCIRC/254/Rev. 3/
Part 2, and subsequent revisions);
(ii) the Missile Technology Control
Regime Equipment and Technology Annex
of June 11, 1996, and subsequent revi-
sions;
(iii) the lists of items and substances
relating to biological and chemical weapons
the export of which is controlled by the
Australia Group;
(iv) the Schedules of the Convention
on the Prohibition of the Development,
Production, Stockpiling and Use of Chem-
ical Weapons and on Their Destruction, in-
cluding chemicals, precursors, and other
substances; or
(v) the Wassenaar Arrangement list of
Dual Use Goods and Technologies and
Munitions list of July 12, 1996, and subse-
quent revisions; or
(B) goods, services, or technology not list-
ed on any list identified in subparagraph (A)
but which nevertheless would be, if the goods,
services, or technology were United States
goods, services, or technology, prohibited or
controlled for export to the People’s Republic of
China, or any tier IV countries as defined by
the Bureau of Export Administration of the De-
partment of Commerce, and that have the po-
tential to make a contribution to the develop-
ment, improvement, or production of nuclear,
biological, or chemical weapons, or of ballistic
or cruise missile systems, or advanced conven-
tional weapons or munitions.
(2) ACTION
BY
PERSONS
IDENTIFIED.—The
President shall include in the report information on
any action taken by a person identified in a prior
annual report under this subsection that establishes
that the person has discontinued, rectified, or miti-
gated a prior proliferation activity identified under
this Act.
(3) ACTION
BY
PRESIDENT.—The President
shall include in the report information on actions
taken by the President under sections 4 and 5, in
response to proliferation activities conducted by per-
sons identified in this section. The President shall
include in the report information on any determina-
tions made under section 7. If the President fails to
exercise the authority under sections 4 and 5, or if
the President makes a determination under section
7, with respect to a person identified in a report
submitted pursuant to this section, the President
shall include that information and the reasons there-
fore in the report required under this section.
(4) OTHER INFORMATION.—In addition to the
information required by paragraphs (1) through (3),
the President shall include in the report information
on—
(A) noncompliance with any international
nonproliferation treaties, agreements, arrange-
ments, or commitments (verbal, written, or oth-
erwise) by the People’s Republic of China, in-
cluding the Missile Technology Control Regime
and the annexes to that Regime;
(B) noncompliance with United States ex-
port control laws, Executive orders, regulations,
or export license conditions by the People’s Re-
public of China;
(C) the performance of the Department of
Commerce in licensing, regulating, and control-
ling the export of dual-use technology to the
People’s Republic of China, including the num-
ber and type of post-shipment verifications con-
ducted and enforcement actions taken;
(D) the threats to the security interests of
the United States, or the security interests of
its allies resulting from—
(i) proliferation activities on the part
of the People’s Republic of China or per-
sons identified in reports submitted under
this section;
(ii) the transfer or sale to the Govern-
ment of, or persons within the People’s Re-
public of China of dual-use technologies
and goods listed on the Commerce Control
List;
(iii) the misuse or diversion by the
People’s Republic of China of dual-use
technology; and
(iv) the transfer or sale of goods, serv-
ices, or technology identified by the Direc-
tor of Central Intelligence as having a sig-
nificant potential to make a contribution to
the development, improvement, or produc-
tion of nuclear, biological, or chemical
weapons, or of ballistic or cruise missile
systems, or advanced conventional weapons
or munitions; and
(E) transfers to persons of the People’s
Republic of China of technology under arms
control and nonproliferation agreements and
opportunities for the People’s Republic of China
to engage in proliferation activities under agree-
ments such as Nuclear Nonproliferation Treaty,
Chemical Weapons Convention, Comprehensive
Test Ban Treaty, and Biological Weapons Con-
vention.
(b) TIMING
OF REPORTS.—The reports required
under subsection (a) shall be submitted no later than 90
days after the date of enactment of this Act, and on June
1 of each year thereafter.
(c) EXCEPTIONS.—Any person who—
(1) has engaged in the transfer, sale, or misuse
of any goods, services, or technology on behalf of, or
in concert with, the Government of the United
States; or
(2) has transferred, retransferred, or sold such
goods, services, or technology in a manner fully con-
sistent with all applicable international nonprolifera-
tion treaties, agreements, and commitments with re-
spect to which the People’s Republic of China is a
party,
is not required to be identified on account of that transfer
in any report submitted under this section, except to the
degree that credible information indicates that the par-
ticular transfer, sale, or misuse may have continued, or
been larger, more significant, or different in nature than
permitted on behalf of the Government of the United
States or under such international nonproliferation treaty
or agreement.
(d) SUBMISSION
IN CLASSIFIED FORM.—Reports
shall be submitted in unclassified form, with classified an-
nexes as necessary.
SEC. 4. APPLICATION OF MANDATORY MEASURES TO CER-
TAIN PERSONS.
(a) APPLICATION OF MEASURES.—Subject to section
7, the President shall apply with respect to each person
identified in a report submitted pursuant to section 3(a),
for such period of time as the President may determine
but not less than one year, all of the measures described
in subsection (b).
(b) DESCRIPTION OF MEASURES.—The measures re-
ferred to in subsection (a) are the following:
(1) EXECUTIVE
ORDER
NO. 12938
PROHIBI-
TIONS.—Imposition of the measures set forth in sub-
sections (b) and (c) of section 4 of Executive Order
No. 12938.
(2) ARMS
EXPORT.—Prohibition on United
States Government transfers or sales to such person
of any item on the United States Munitions List as
in effect on August 8, 1995, and termination of all
sales and after-sale servicing to such person of any
defense articles, defense services, or design and con-
struction services under the Arms Export Control
Act.
(3) DUAL-USE EXPORT PROHIBITION.—Denial
of licenses, suspension of existing licenses, and ter-
mination of all transfers or sales and after-sale serv-
icing for the transfer to such person of any item the
export of which is controlled under the Export Ad-
ministration Act of 1979 (as extended pursuant to
the International Emergency Economic Powers Act)
or the Export Administration regulations.
(4) PROCUREMENT SANCTION.—Prohibition on
the United States Government procuring, or enter-
ing into any contract for the procurement of, any
goods or services from such person.
(5) UNITED
STATES
ASSISTANCE
PROHIBI-
TION.—Prohibition on the provision of United States
assistance in the form of grants, loans, credits, guar-
antees, or otherwise, to such person.
(6) SUSPENSION OF AGREEMENTS.—Immediate
suspension of any agreements or efforts for the co-
development or co-production with such person of
any item on the United States Munitions List.
(c) EFFECTIVE DATE OF MEASURES.—Each meas-
ure imposed pursuant to subsection (a) shall take effect
with respect to such person 30 days after the date that
the report identifying the person is submitted to Congress.
(d) PUBLICATION IN FEDERAL REGISTER.—Notice
of the imposition of the measure described in subsection
(b) to a person identified pursuant to section 3(a) shall
be published in the Federal Register, unless the President
determines that doing so would threaten the national secu-
rity or intelligence interests of the United States.
(e) DURATION OF MEASURES.—Each measure im-
posed under this section shall apply for a period of at least
12 months following the imposition of the measure and
shall cease to apply only if the President determines and
certifies to Congress that—
(1) credible information indicates that the per-
son with respect to whom the determination was
made under section 3(a) has ceased the activities for
which the measure was imposed;
(2) credible information indicates that the per-
son has taken reasonable steps to rectify the viola-
tion; and
(3) the President has received reasonable assur-
ances from the person that such person will not en-
gage in similar activities in the future.
SEC. 5. APPLICATION OF ADDITIONAL MEASURES DI-
RECTED AT THE GOVERNMENT OF THE PEO-
PLE’S REPUBLIC OF CHINA.
(a) IN GENERAL.—In addition to the mandatory
measures described in section 4 applied against persons
identified pursuant to section 3(a), the President shall
apply additional measures as follows against the People’s
Republic of China:
(1) TIER
MEASURES.—The President shall
apply one or more of the measures listed in tier 1
that are not in effect under this or any other Act
or Executive order with respect to the People’s Re-
public of China in conjunction with, and at the same
time, as the mandatory measures applied against the
person under section 4.
(2) TIER 2 MEASURES.—If, one year after the
measures described in section 4 are imposed, the
proliferation activities upon which the measures were
based are not rectified as described in section 4(e),
or the person has engaged in additional proliferation
activities, the President shall continue to apply the
measures described in section 4, any tier 1 measure
in effect, and shall also impose one or more tier 2
measures not in effect under this or any other Act
or Executive order with respect to the People’s Re-
public of China.
(3) TIER 3 MEASURES.—If 2 years after the
measures described in section 4 are imposed, the
proliferation activities upon which the measures were
based are not rectified as described in section 4(e),
or the person has engaged in additional proliferation
activities, the President shall continue to apply the
measures described in section 4, any tier 1 or tier
2 measures in effect, and shall also impose one or
more tier 3 measures not in effect under this or any
other Act or Executive order with respect to the
People’s Republic of China.
(b) DEFINITION OF TIER 1, TIER 2, AND TIER 3
MEASURES.—
(1) TIER 1 MEASURE.—The term ‘‘tier 1 meas-
ure’’ includes any or all of the following:
(A) Suspension of all military-to-military
contacts and exchanges between the People’s
Republic of China and the United States.
(B) Suspension of all United States assist-
ance to the People’s Republic of China by the
United States Government.
(C) Prohibition on United States bank
loans or bond offerings in United States mar-
kets on the part of any national of the People’s
Republic of China or any state-owned enterprise
of the People’s Republic of China.
(D) Prohibition on the transfer or sale or
after-sale servicing, including the provision of
replacement parts, to the People’s Republic of
China or any national of the People’s Republic
of China of any item on the United States Mu-
nitions List and suspension of any agreement
with the People’s Republic of China or any na-
tional of the People’s Republic of China or any
state-owned enterprise of the People’s Republic
of China for the co-development or co-produc-
tion of any item on the United States Muni-
tions List.
(2) TIER 2 MEASURE.—The term ‘‘tier 2 meas-
ure’’ includes any or all of the following:
(A) Suspension of all scientific, academic,
and technical exchanges between the People’s
Republic of China and the United States.
(B) Direction of the Export-Import Bank
of the United States not to approve the
issuance of any guarantees, insurance, exten-
sion of credit, or participation in the extension
of credit to the People’s Republic of China.
(C) Denial of access to the capital markets
of the United States by all state-owned enter-
prises of the People’s Republic of China.
(D) Prohibition on the transfer or sale to
the People’s Republic of China or any national
of the People’s Republic of China of any item
on the Commerce Control List that is controlled
for national security purposes and prohibition
of after-sale servicing, including the provision of
replacement parts for such items.
(3) TIER 3 MEASURE.—The term ‘‘tier 3 meas-
ure’’ includes any or all of the following:
(A) Prohibition on procurement by the
United States Government or entering into any
contract for the procurement of, any goods or
services from the People’s Republic of China or
any national of the People’s Republic of China.
(B) Designation of the People’s Republic
of China in a country tier under the Export Ad-
ministration Regulations that is higher than the
country tier in effect.
(C) Denial of access to the capital markets
of the United States by any company owned or
controlled by nationals of the People’s Republic
of China.
(D) Prohibition on the transfer or sale to
the People’s Republic of China or any national
of the People’s Republic of China of any item
on the Commerce Control List and prohibition
of after-sale servicing, including replacement
parts for such items.
SEC. 6. PROCEDURES FOR CONGRESSIONAL REVIEW.
(a) WRITTEN JUSTIFICATION.—Any notification sub-
mitted by the President under section 3 indicating that
the President is not imposing a measure or exercising au-
thority under section 4 or 5 or that the President is mak-
ing a determination under section 7 shall include a written
justification describing in detail the facts and cir-
cumstances relating specifically to the person identified in
a report submitted pursuant to section 3(a) that supports
the President’s decision not to exercise the authority of
section 4 or section 5 or the President’s decision to make
a determination under section 7 with respect to that per-
son.
(b) CONGRESSIONAL ACTION.—If Congress receives
a notification described in section 3 and does not agree
with the justification described in subsection (a), the ap-
propriate measure shall be imposed with respect to the
person identified in the notification if a joint resolution
described in this section is enacted into law.
(c) JOINT RESOLUTION.—
(1) DEFINITION.—For purposes of this section,
a joint resolution means a resolution introduced by
any Member of Congress after the date the notifica-
tion described in section 3 is received, the resolving
clause of which contains only the following: ‘‘That
Congress does not agree with the justification con-
tained in the notification submitted by the President
pursuant to the China Nonproliferation Act on
lllllll and that the President shall exer-
cise the mandatory measures under section 4 of the
Act and one or all of the tier ll measures under
that Act.’’; with the first blank space being filled
with the appropriate date and the second blank
space being filled with the appropriate tier.
(2) REFERRAL TO COMMITTEE.—
(A) SENATE.—A joint resolution intro-
duced in the Senate shall be referred to the
Committee on Foreign Relations of the Senate.
(B) HOUSE
OF
REPRESENTATIVES.—A
joint resolution introduced in the House of Rep-
resentatives shall be referred to the Committee
on International Relations of the House of Rep-
resentatives.
(C) REPORTING.—A joint resolution may
not be reported before the 8th day after the
date on which the joint resolution is introduced.
(3) DISCHARGE OF COMMITTEE.—If the com-
mittee to which a joint resolution is referred in ei-
ther House has not reported the joint resolution (or
an identical joint resolution) at the end of 15 cal-
endar days during which that House is in session
after the date on which the joint resolution is
introduced—
(A) the committee shall be deemed to be
discharged from further consideration of the
joint resolution; and
(B) the joint resolution shall be placed on
the appropriate calendar of that House.
(4) FLOOR CONSIDERATION.—
(A) IN GENERAL.—
(i) MOTION TO PROCEED TO CONSID-
ERATION.—When the committee to which a
joint resolution is referred in either House
has reported, or has been deemed to be
discharged (under paragraph (3)) from
further 
consideration 
of, 
a 
joint
resolution—
(I) it is at any time thereafter in
order (even though a previous motion
to the same effect has been disagreed
to) for any Member of that House to
move to proceed to the consideration
of the joint resolution; and
(II) all points of order against
the joint resolution (and against con-
sideration of the joint resolution) are
waived.
(ii) TREATMENT OF MOTION.—A mo-
tion under clause (i)—
(I) is privileged in the Senate
and is highly privileged in the House
of Representatives;
(II) is not debatable; and
(III) is not subject to amend-
ment, a motion to postpone, or a mo-
tion to proceed to the consideration of
other business.
(iii) NO MOTION TO RECONSIDER.—A
motion to reconsider the vote by which a
motion under clause (i) is agreed to or dis-
agreed to shall not be in order.
(iv) AGREEMENT
TO
MOTION.—If a
motion under clause (i) is agreed to, the
joint resolution shall remain the unfinished
business of the House until the House dis-
poses of the joint resolution.
(B) DEBATE.—
(i) TIME.—Debate on a joint resolu-
tion, and on all debatable motions and ap-
peals in connection with consideration of a
joint resolution, shall be limited to not
more than 10 hours, which shall be divided
equally between those favoring and those
opposing the joint resolution. A motion
further to limit debate is in order and not
debatable.
(ii) AMENDMENTS AND MOTIONS OUT
OF ORDER.—An amendment to a joint res-
olution, a motion to postpone, to proceed
to the consideration of other business, or
to recommit such a joint resolution, or a
motion to reconsider the vote by which
such a joint resolution is agreed to or dis-
agreed to is not in order.
(C) VOTE ON FINAL PASSAGE.—A vote on
final passage of the joint resolution shall be
taken in each House on or before the close of
the 15th calendar day during which that House
is in session after the resolution is reported by
the committee of that House to which it was re-
ferred, or after the committee has been dis-
charged from further consideration of the reso-
lution.
(D) RULINGS OF THE CHAIR OF PROCE-
DURE.—Appeals from the decisions of the Chair
relating to the application of the rules of either
House to the procedure relating to a joint reso-
lution shall be decided without debate.
(5) COORDINATION
WITH
ACTION
BY
OTHER
HOUSE.—
(A) IN GENERAL.—If, before the passage
by 1 House of a joint resolution of that House,
that House receives from the other House a
joint resolution, the procedures stated in this
paragraph shall apply.
(B) NO REFERRAL.—The joint resolution
of the other House shall not be referred to a
committee.
(C) PROCEDURE.—With respect to a joint
resolution of the House receiving the joint
resolution—
(i) the procedure in that House shall
be the same as if no joint resolution had
been received from the other House; but
(ii) the vote on final passage shall be
on the joint resolution of the other House.
(6) RULES OF THE SENATE AND THE HOUSE
OF REPRESENTATIVES.—This subsection is enacted
by Congress—
(A) as an exercise of the rulemaking power
of the Senate and the House of Representa-
tives, respectively; and
(i) is deemed a part of the rules of
each House, respectively, but applicable
only with respect to the procedure to be
followed in that House in the case of a
joint resolution; and
(ii) supersedes other rules only to the
extent that the subsection is inconsistent
with those rules; and
(B) with full recognition of the constitu-
tional right of either House to change the rules
(so far as the rules relate to the procedure of
that House) at any time, in the same manner
and to the same extent as in the case of any
other rule of that House.
SEC. 7. DETERMINATION EXEMPTING PERSON OR THE PEO-
PLE’S REPUBLIC OF CHINA FROM SECTIONS 4
AND 5.
(a) IN GENERAL.—Sections 4 and 5 shall not apply
to a person or to the People’s Republic of China 15 days
after the President reports to the Committee on Inter-
national Relations of the House of Representatives, the
Committee on Foreign Relations of the Senate, the Com-
mittee on Armed Services of the Senate, the Select Com-
mittee on Intelligence of the Senate, and the Committee
on Governmental Affairs of the Senate, that the President
has determined, on the basis of information provided by
that person, or otherwise obtained by the President,
that—
(1) the person did not, on or after January 1,
2000, knowingly transfer to or export from the Peo-
ple’s Republic of China the goods, services, or tech-
nology the apparent transfer or export of which
caused that person to be identified in a report sub-
mitted pursuant to section 3(a);
(2) the person is subject to the primary juris-
diction of a government that is an adherent to one
or more relevant nonproliferation regimes, the per-
son was identified in a report submitted pursuant to
section 3(a) with respect to a transfer of goods,
services, or technology described in section 3(a)(1),
and such transfer was made consistent with the
guidelines and parameters of all such relevant re-
gimes of which such government is an adherent; or
(3) it is important to the national security of
the United States not to apply the provisions of sec-
tion 4 or 5.
(b) OPPORTUNITY TO PROVIDE INFORMATION.—
Congress urges the President—
(1) in every appropriate case, to contact in a
timely fashion each person identified in each report
submitted pursuant to section 3(a), or the govern-
ment with primary jurisdiction over such person, in
order to afford such person or government, the op-
portunity to provide explanatory, exculpatory, or
other additional information with respect to the
transfer that caused such person to be identified in
a report submitted pursuant to section 3(a); and
(2) to exercise the authority in subsection (a) in
all cases where information obtained from a foreign
person identified in a report submitted pursuant to
section 3(a), or from the government with primary
jurisdiction over such person, establishes that the ex-
ercise of such authority is warranted.
(c) SUBMISSION IN CLASSIFIED FORM.—The deter-
mination and report of the President under subsection (a)
should be submitted in unclassified form, with classified
annexes as necessary.
SEC. 8. NOTIFICATION TO SECURITIES COMMISSION OF IN-
CLUSION IN REPORT.
(a) DEFINITIONS.—In this section, the following defi-
nitions shall apply:
(1) COMMISSION.—The term ‘‘Commission’’
means the Securities and Exchange Commission.
(2) REGISTERED NATIONAL SECURITIES ASSO-
CIATION.—The term ‘‘registered national securities
association’’ means an association registered under
section 15A(b) of the Securities Exchange Act of
1934 (15 U.S.C. 78o–3(b)).
(3) REGISTERED
NATIONAL
SECURITIES
EX-
CHANGE.—The term ‘‘registered national securities
exchange’’ means a national securities exchange reg-
istered under 6 of the Securities Exchange Act of
1934 (15 U.S.C. 78f).
(4) REGISTRATION
STATEMENT.—The term
‘‘registration statement’’ has the same meaning as
in section 2 of the Securities Act of 1933 (15 U.S.C.
77b).
(5) SECURITIES LAWS.—The terms ‘‘securities
laws’’ and ‘‘security’’ have the same meanings as in
section 3 of the Securities Exchange Act of 1934
(15 U.S.C. 78c).
(b) NOTIFICATION TO THE COMMISSION.—Each re-
port prepared by the President under section 3 shall be
transmitted to the Commission at the times specified in
section 3(b).
(c) REGULATIONS.—Not later than 6 months after
the date of enactment of this Act, the Commission shall
promulgate regulations—
(1) to ensure that securities investors are noti-
fied of the identity of any person included in a re-
port prepared by the President under section 3, the
securities of which are listed, or authorized for list-
ing, on a registered national securities exchange (or
tier or segment thereof) or by a registered national
securities association; and
(2) to require each person included in a report
of the President under section 3 to provide notice of
such inclusion in each written report, statement, or
other filing or notice required from that person
under the securities laws, including—
(A) any registration statement;
(B) any annual or quarterly report, state-
ment, or other filing or notice;
(C) any proxy, consent, authorization, in-
formation statement, or other notice required to
be sent to shareholders with respect to any se-
curity registered pursuant to the securities
laws;
(D) any report, statement, or other filing
or notice required in connection with an initial
public offering; and
(E) any report, statement, or other filing
required in connection with a merger, acquisi-
tion, tender offer, or similar transaction.
Æ