(B) any foreign person identified under
subsection (a)(2) of section 2 in a report submit-
ted under that section, if that person has been
identified in that report or a previous report as
having made at least 1 other attempt described
in subsection (a)(2) of that section.
(2) EFFECTIVE DATE OF SANCTIONS.—The sanc-
tions shall be effective—
(A) 30 days after the report triggering the
sanction is submitted, if the report is submitted
on or before the date required by section 2(b);
(B) 30 days after the date required by sec-
tion 2(b) for submitting the report, if the report
triggering the sanction is submitted within 30
days after that date; and
(C) on the date that the report triggering
the sanction is submitted, if that report is sub-
mitted more than 30 days after the date required
by section 2(b).
(b) DESCRIPTION OF SANCTIONS.—The sanctions re-
ferred to in subsection (a) that are to be imposed on a for-
eign person described in that subsection are the following:
(1) ARMS EXPORT SANCTION.—For a period of
not less than 2 years, the United States Government
shall not sell to that person any item on the United
States Munitions List as in effect on August 8, 1995,
and shall terminate sales to that person of any de-
fense articles, defense services, or design and construc-
tion services under the Arms Export Control Act.
(2) DUAL USE SANCTION.—For a period of not
less than 2 years, the authorities of section 6 of the
Export Administration Act of 1979 shall be used to
prohibit the export to that person of any goods or
technology on the control list established under section
5(c)(1) of that Act.
(3) UNITED STATES ASSISTANCE.—For a period
of not less than 2 years, the United States Govern-
ment shall not provide any assistance in the form of
grants, loans, credits, guarantees, or otherwise, to that
person.
SEC. 4. WAIVER ON BASIS OF ADDITIONAL INFORMATION.
(a) IN GENERAL.—The President may waive the impo-
sition of any sanction that would otherwise be required
under section 3 on any foreign person 15 days after the
President determines and reports to the Committee on
International Relations of the House of Representatives and
the Committee on Foreign Relations of the Senate that, on
the basis of information provided by that person, or other-
wise obtained by the President, the President is persuaded
that the person did not, on or after August 8, 1995—
(1)(A) transfer items on the MTCR Annex, or
items that the United States proposes for addition to
the MTCR Annex, that contributed to Iran’s efforts to
acquire, develop, or produce ballistic missiles, or
(B) provide technical assistance or facilities
which the President deems to be of concern because of
their direct contribution to Iran’s efforts to acquire,
develop, or produce ballistic missiles; or
(2) attempt on more than one occasion—
(A) to transfer items on the MTCR Annex,
or items that the United States proposes for ad-
dition to the MTCR Annex, that would have con-
tributed to Iran’s efforts to acquire, develop, or
produce ballistic missiles, or
(B) to provide technical assistance or facili-
ties described in paragraph (1)(B).
(b) WRITTEN JUSTIFICATION.—The determination and
report of the President under subsection (a) shall include
a written justification describing in detail—
(1) the credible information indicating that the
person—
(A) transferred items described in section
2(a)(1)(A), or provided technical assistance or
facilities described in section 2(a)(1)(B); or
(B) attempted to transfer items described in
section 2(a)(1)(A), or attempted to provide tech-
nical assistance or facilities described in section
2(a)(1)(B);
(2) the additional information which persuaded
the President that the person did not—
(A) transfer items described in section
2(a)(1)(A), or provide technical assistance or fa-
cilities described in section 2(a)(1)(B); or
(B) attempt to transfer items described in
section 2(a)(1)(A), or attempt to provide tech-
nical assistance or facilities described in section
2(a)(1)(B); and
(3) the analysis of the information supporting
the President’s conclusion.
(c) SUBMISSION
IN CLASSIFIED FORM.—When the
President considers it appropriate, the determination and
report of the President under subsection (a) and the written
justification under subsection (b), or appropriate parts
thereof, may be submitted in classified form.
SEC. 5. WAIVER ON BASIS OF NATIONAL SECURITY.
(a) IN GENERAL.—The President may waive the impo-
sition of any sanction that would otherwise be required
under section 3 on any foreign person 15 days after the
President determines and reports to the Committee on
International Relations of the House of Representatives and
the Committee on Foreign Relations of the Senate that such
waiver is essential to the national security of the United
States.
(b) WRITTEN JUSTIFICATION.—The determination and
report of the President under subsection (a) shall include
a written justification describing in detail the facts and cir-
cumstances supporting the President’s conclusion.
(c) SUBMISSION
IN CLASSIFIED FORM.—When the
President considers it appropriate, the written justification
under subsection (b), or appropriate parts thereof, may be
submitted in classified form.
SEC. 6. ADDITIONAL INFORMATION REGARDING ACTIONS
BY GOVERNMENT OF PRIMARY JURISDIC-
TION.
As part of each report submitted under section 2, the
President shall include the following information with re-
spect to each foreign person identified in that report:
(1) A statement regarding whether the govern-
ment of primary jurisdiction over that person was
aware of the activities that were the basis for the
identification of that person in the report.
(2) If the government of primary jurisdiction
was not aware of the activities that were the basis for
the identification of that person in the report, an ex-