Secretary of Energy, and the heads of other appropriate
departments and agencies, shall establish and maintain
the List of Petroleum and Natural Gas-Related Goods and
Technology, consisting of goods or technology (including
software and technical data) that the President deter-
mines would materially contribute to the extraction, refin-
ing, production, storage, or transportation of petroleum,
petroleum products, or natural gas and the products
thereof in or by Iran, including goods and technology that
are required for the development, production, or use of
facilities (including the repair, maintenance, or operation
of equipment) for the petroleum and natural gas activities
described in this subsection.
(2) The President, within 60 days after the date of
the enactment of this Act, shall cause the List to be pub-
lished in the Federal Register, together with any regula-
tions issued with respect thereto. Thereafter, any revisions
to the List or amendments to the regulations shall be pub-
lished in the same manner.
(3) Not less than 30 days in advance of the publica-
tion of the List, it shall be provided to the Committee on
Banking, Housing, and Urban Affairs of the Senate and
to the Committee on International Relations of the House
of Representatives. The President shall consult with such
Committees regarding the content of the List and shall
respond to questions regarding the basis for the inclusion
on, or exclusion from, the List of specified goods and tech-
nologies.
(4) The President may delegate the functions of this
subsection to the Secretary of Commerce.
(b) STATUTORY CONSTRUCTION.—Nothing in this
section prevents the inclusion on the List of any goods
or technology that may be produced in and traded inter-
nationally by persons or entities in countries other than
the United States.
SEC. 10. REGULATORY AUTHORITY.
The President may issue such regulations as may be
necessary to carry out this Act.
SEC. 11. REPORT REQUIRED.
Beginning 60 days after the date of the enactment
of this Act, and every 90 days thereafter, the President
shall transmit to the appropriate congressional committees
a report describing—
(1) the nuclear and other military capabilities
of Iran; and
(2) the support, if any, provided by Iran for
acts of international terrorism.
SEC. 12. DEFINITIONS.
As used in this Act:
(1) ACT OF INTERNATIONAL TERRORISM.—The
term ‘‘act of international terrorism’’ means an
act—
(A) which is violent or dangerous to
human life and that is a violation of the crimi-
nal laws of the United States or of any State
or that would be a criminal violation if commit-
ted within the jurisdiction of the United States
or any State; and
(B) which appears to be intended—
(i) to intimidate or coerce a civilian
population;
(ii) to influence the policy of a govern-
ment by intimidation or coercion; or
(iii) to affect the conduct of a govern-
ment by assassination or kidnapping.
(2) APPROPRIATE
CONGRESSIONAL
COMMIT-
TEES.—The term ‘‘appropriate congressional com-
mittees’’ means the Committees on Banking, Hous-
ing and Urban Affairs and Foreign Relations of the
Senate and the Committee on International Rela-
tions of the House of Representatives.
(3) COMPONENT PART.—The term ‘‘component
part’’ has the meaning given that term in section
11A(e)(1) of the Export Administration Act of 1979
(50 U.S.C. App. 2410a(e)(1)).
(4) FINANCIAL
INSTITUTION.—The term ‘‘fi-
nancial institution’’ includes—
(A) a depository institution (as defined in
section 3(c)(1) of the Federal Deposit Insur-
ance Act), including a branch or agency of a
foreign bank (as defined in section 1(b)(7) of
the International Banking Act of 1978);
(B) a credit union;
(C) a securities firm, including a broker or
dealer;
(D) an insurance company, including an
agency or underwriter;
(E) any other company that provides fi-
nancial services; and
(F) any subsidiary of an entity described
in any of subparagraphs (A) through (E).
(5) FINISHED PRODUCT.—The term ‘‘finished
product’’ has the meaning given that term in section
11A(e)(2) of the Export Administration Act of 1979
(50 U.S.C. App. 2410a(e)(2)).
(6) FOREIGN PERSON.—The term ‘‘foreign per-
son’’ means—
(A) an individual who is not a United
States national or an alien admitted for perma-
nent residence to the United States; or
(B) a corporation, partnership, or other
nongovernment entity which is not a United
States national.
(7) GOODS
AND
TECHNOLOGY.—The terms
‘‘goods’’ and ‘‘technology’’ have the meaning given
those terms in section 16 of the Export Administra-
tion Act of 1979 (50 U.S.C. App. 2415).
(8) IRAN.—The term ‘‘Iran’’ includes any agen-
cy or instrumentality of Iran.
(9) NUCLEAR EXPLOSIVE DEVICE.—The term
‘‘nuclear explosive device’’ means any device, wheth-
er assembled or disassembled, that is designed to
produce an instantaneous release of an amount of
nuclear energy from special nuclear material that is
greater than the amount of energy that would be re-
leased from the detonation of one pound of trinitro-
toluene (TNT).
(10) PERSON.—
(A) The term ‘‘person’’ means a natural
person, as well as a corporation, business asso-
ciation, partnership, society, trust, any other
nongovernmental entity, organization, or group,
and any governmental entity operating as a
business enterprise, and any successor of any
such entity.
(B) In the case of a country where it may
be impossible to identify a specific governmental
entity referred to in subparagraph (A), the
term ‘‘person’’ means—
(i) all activities of the government of
the country relating to the development or
production of any missile equipment or
technology; and
(ii) all activities of that government
affecting the development or production of
aircraft, electronics, and space systems or
equipment.
(11) PETROLEUM PRODUCTS.—The term ‘‘pe-
troleum products’’ means crude oil, residual fuel oil,
and any refined petroleum product.
(12) REQUISITE KNOWLEDGE.—The term ‘‘req-
uisite knowledge’’ means situations in which a per-
son ‘‘knows’’, as ‘‘knowing’’ is defined in section 104
of the Foreign Corrupt Practices Act of 1977 (15
U.S.C. 78dd–2).
(13) UNITED
STATES
OR
STATE.—The term
‘‘United States’’ or ‘‘State’’ means the several
States, the District of Columbia, the Commonwealth
of Puerto Rico, the Commonwealth of the Northern
Mariana Islands, American Samoa, Guam, the
United States Virgin Islands, and any other terri-
tory or possession of the United States.
(14) UNITED
STATES
NATIONAL.—The term
‘‘United States national’’ means—
(A) a natural person who is a citizen of the
United States or who owes permanent alle-
giance to the United States;
(B) a corporation or other legal entity
which is organized under the laws of the United
States, any State or territory thereof, or the
District of Columbia, if natural persons who are
nationals of the United States own, directly or
indirectly, more than 50 percent of the out-
standing capital stock or other beneficial inter-
est in such legal entity; and
(C) any foreign subsidiary of a corporation
or other legal entity described in subparagraph
(B).
Æ
HR 2458 IH——2