I 
112TH CONGRESS 
1ST SESSION H. R. 2105 
To provide for the application of measures to foreign persons who transfer 
to Iran, North Korea, and Syria certain goods, services, or technology, 
and for other purposes. 
IN THE HOUSE OF REPRESENTATIVES 
JUNE 3, 2011 
Ms. ROS-LEHTINEN (for herself and Mr. SHERMAN) introduced the following 
bill; which was referred to the Committee on Foreign Affairs, and in ad-
dition to the Committees on Oversight and Government Reform, the Judi-
ciary, Ways and Means, Science, Space, and Technology, Financial Serv-
ices, and Transportation and Infrastructure, for a period to be subse-
quently 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 application of measures to foreign persons 
who transfer to Iran, North Korea, and Syria certain 
goods, services, 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 AND TABLE OF CONTENTS. 
(a) SHORT TITLE.—This Act may be cited as the 
‘‘Iran, North Korea, and Syria Nonproliferation Reform 
and Modernization Act of 2011’’. 
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(b) TABLE OF CONTENTS.—The table of contents for 
this Act is as follows: 
Sec. 1. Short title and table of contents. 
Sec. 2. Statement of policy. 
Sec. 3. Reports on proliferation relating to Iran, North Korea, and Syria. 
Sec. 4. Application of measures to certain foreign persons. 
Sec. 5. Determination exempting a foreign person from the application of cer-
tain measures. 
Sec. 6. Restrictions on nuclear cooperation with countries aiding proliferation 
by Iran, North Korea, or Syria. 
Sec. 7. Restriction on extraordinary payments in connection with the Inter-
national Space Station. 
Sec. 8. Exclusion from the United States of senior officials of foreign persons 
who have aided proliferation relating to Iran. 
Sec. 9. Prohibition on certain vessels landing in the United States; enhanced 
inspections. 
Sec. 10. Sanctions with respect to critical defense resources provided to or ac-
quired from Iran, North Korea, or Syria. 
Sec. 11. Definitions. 
Sec. 12. Repeal of Iran, North Korea, and Syria Nonproliferation Act. 
SEC. 2. STATEMENT OF POLICY. 
It shall be the policy of the United States to fully 
implement and enforce sanctions against Iran, North 
Korea, and Syria for their proliferation activities and poli-
cies. 
SEC. 3. REPORTS ON PROLIFERATION RELATING TO IRAN, 
NORTH KOREA, AND SYRIA. 
(a) REPORTS.—Not later than 90 days after the date 
of the enactment of this Act and every 180 days there-
after, the President shall transmit to the appropriate con-
gressional committees a report identifying every foreign 
person with respect to whom there is credible information 
indicating that such person— 
(1) on or after January 1, 1999, transferred to 
or acquired from Iran, on or after January 1, 2005, 
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transferred to or acquired from Syria, or on or after 
January 1, 2006, transferred to or acquired from 
North Korea— 
(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; 
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(iv) the Schedule One or Schedule 
Two list of toxic chemicals and precursors 
the export of which is controlled pursuant 
to the Convention on the Prohibition of the 
Development, Production, Stockpiling and 
Use of Chemical Weapons and on Their 
Destruction; 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 specified in subparagraph (A) but 
which nevertheless would be, if such goods, 
services, or technology were United States 
goods, services, or technology, prohibited for ex-
port to Iran, North Korea, or Syria, as the case 
may be, because of the potential of such goods, 
services or technology to make a material con-
tribution to the development of nuclear, biologi-
cal, or chemical weapons, or of ballistic or 
cruise missile systems; 
(2) except as provided in subsection (b), on or 
after the date of the enactment of this Act, acquired 
materials mined or otherwise extracted within the 
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territory or control of Iran, North Korea, or Syria, 
as the case may be, for purposes relating to the nu-
clear, biological, or chemical weapons, or ballistic or 
cruise missile development programs of Iran, North 
Korea, or Syria, as the case may be; 
(3) on or after the date of the enactment of this 
Act, transferred to Iran, Syria, or North Korea 
goods, services, or technology that could assist ef-
forts to extract or mill uranium ore within the terri-
tory or control of Iran, North Korea, or Syria, as 
the case may be; or 
(4) on or after the date of the enactment of this 
Act, provided a vessel, insurance or reinsurance, or 
any other shipping service for the transportation of 
goods to or from Iran, North Korea, or Syria for 
purposes relating to the nuclear, biological, or chem-
ical weapons, or ballistic or cruise missile develop-
ment programs of Iran, North Korea, or Syria, as 
the case may be. 
(b) EXCEPTIONS.—Any foreign person who— 
(1) was identified in a report transmitted in ac-
cordance with subsection (a) on account of a par-
ticular transfer, or 
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(2) has engaged in a transfer on behalf of, or 
in concert with, the Government of the United 
States, 
shall not be identified on account of that same transfer 
in any report submitted thereafter under this section, ex-
cept to the degree that new information has emerged indi-
cating that the particular transfer at issue may have con-
tinued, or been larger, more significant, or different in na-
ture than previously reported under this section. 
(c) TRANSMISSION
IN CLASSIFIED FORM.—If the 
President considers it appropriate, reports transmitted in 
accordance with subsection (a), or appropriate parts there-
of, may be transmitted in classified form. 
(d) CONTENT OF REPORTS.—Each report required 
under subsection (a) shall contain, with respect to each 
foreign person identified in each such report, a brief de-
scription of the type and quantity of the goods, services, 
or technology transferred by such person to Iran, North 
Korea, or Syria, the circumstances surrounding such 
transfer, the usefulness to the nuclear, biological, or chem-
ical weapons, or ballistic or cruise missile development 
programs of Iran, North Korea, or Syria of such transfer, 
and the probable awareness or lack thereof of the transfer 
on the part of the government with primary jurisdiction 
over such person. 
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SEC. 4. APPLICATION OF MEASURES TO CERTAIN FOREIGN 
PERSONS. 
(a) APPLICATION OF MEASURES.—Subject to section 
5, the President shall apply, for a period of not less than 
two years, the measures specified in subsection (b) with 
respect to— 
(1) each foreign person identified in a report 
transmitted under section 3(a); 
(2) each person that is a successor, subunit, or 
subsidiary of a foreign person referred to in para-
graph (1); and 
(3) each person that owns more than 50 per-
cent of, or controls in fact, a foreign person referred 
to in paragraph (1) or a person described in para-
graph (2). 
(b) DESCRIPTION OF MEASURES.—The measures re-
ferred to in subsection (a) are the following: 
(1) EXECUTIVE ORDER 12938 PROHIBITIONS.— 
The measures specified in subsections (b), (c), and 
(d) of section 4 of Executive Order 12938 (50 
U.S.C. 1701 note; relating to proliferation of weap-
ons of mass destruction). 
(2) ARMS EXPORT PROHIBITION.—Prohibition 
on United States Government sales to a person de-
scribed in subsection (a) of any item on the United 
States Munitions List and termination of sales to 
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such person of any defense articles, defense services, 
or design and construction services under the Arms 
Export Control Act (22 U.S.C. 2751 et seq.). 
(3) DUAL USE EXPORT PROHIBITION.—Denial 
of licenses and suspension of existing licenses for the 
transfer to a person described in subsection (a) of 
items the export of which is controlled under the Ex-
port Administration Act of 1979 (50 U.S.C. App. 
2401 et seq.), as in effect pursuant to the Inter-
national Emergency Economic Powers Act, or the 
Export Administration Regulations. 
(4) INVESTMENT PROHIBITION.—Prohibition on 
any investment by a United States person in prop-
erty, including entities, owned or controlled by a per-
son described in subsection (a). 
(5) FINANCING PROHIBITION.—Prohibition on 
any approval, financing, or guarantee by a United 
States person, wherever located, of a transaction by 
a person described in subsection (a). 
(6) FINANCIAL ASSISTANCE PROHIBITION.—De-
nial by the United States Government of any credit, 
credit guarantees, grants, or other financial assist-
ance by any agency of the United States Govern-
ment to a person described in subsection (a). 
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(c) EFFECTIVE DATE.—Measures applied pursuant 
to subsection (a) shall be effective with respect to a foreign 
person no later than— 
(1) 90 days after the report identifying the for-
eign person is submitted, if the report is submitted 
on or before the date required by section 3(a); 
(2) 90 days after the date required by section 
3(a) for submitting the report, if the report identi-
fying the foreign person is submitted within 60 days 
after that date; or 
(3) on the date that the report identifying the 
foreign person is submitted, if that report is sub-
mitted more than 60 days after the date required by 
section 3(a). 
(d) PUBLICATION IN FEDERAL REGISTER.— 
(1) IN GENERAL.—The Secretary of the Treas-
ury shall publish in the Federal Register notice of 
the application against a person of measures pursu-
ant to subsection (a). 
(2) CONTENT.—Each notice published in ac-
cordance with paragraph (1) shall include the name 
and address (where known) of each person to which 
measures have been applied pursuant to subsection 
(a). 
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SEC. 5. DETERMINATION EXEMPTING A FOREIGN PERSON 
FROM THE APPLICATION OF CERTAIN MEAS-
URES. 
(a) IN GENERAL.—The application of any measure 
described in section 4(b) to a person described in section 
4(a) shall cease to be effective beginning 15 days after 
the date on which the President reports to the appropriate 
congressional committees that the President has deter-
mined, on the basis of information provided by such per-
son or otherwise obtained by the President, that— 
(1) in the case of a transfer or acquisition of 
goods, services, or technology described in section 
3(a)(1)— 
(A) such person did not, on or after Janu-
ary 1, 1999, knowingly transfer to or acquire 
from Iran, North Korea, or Syria, as the case 
may be, such goods, services, or technology the 
apparent transfer of which caused such person 
to be identified in a report submitted pursuant 
to section 3(a); 
(B) the goods, services, or technology the 
transfer of which caused such person to be 
identified in a report submitted pursuant to 
section 3(a) did not materially contribute to the 
efforts of Iran, North Korea, or Syria, as the 
case may be, to develop nuclear, biological, or 
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chemical weapons, or ballistic or cruise missile 
systems, or weapons listed on the Wassenaar 
Arrangement Munitions List of July 12, 1996, 
or any subsequent revision of such List; 
(C) such person is subject to the primary 
jurisdiction of a government that is an adherent 
to one or more relevant nonproliferation re-
gimes, such person 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)(A), and such trans-
fer was made in accordance with the guidelines 
and parameters of all such relevant regimes of 
which such government is an adherent; or 
(D) the government with primary jurisdic-
tion over such person has imposed meaningful 
penalties on such person on account of the 
transfer of such goods, services, or technology 
that caused such person to be identified in a re-
port submitted pursuant to section 3(a); 
(2) in the case of an acquisition of materials 
mined or otherwise extracted within the territory of 
Iran, North Korea, or Syria, as the case may be, de-
scribed in section 3(a)(2) for purposes relating to 
the nuclear, biological, or chemical weapons, or bal-
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listic or cruise missile development programs of 
Iran, North Korea, or Syria, as the case may be, 
such person did not acquire such materials; or 
(3) in the case of the provision of a vessel, in-
surance or reinsurance, or another shipping service 
for the transportation of goods to or from Iran, 
North Korea, or Syria, as the case may be, described 
in section 3(a)(3) for purposes relating to the nu-
clear, biological, or chemical weapons, or ballistic or 
cruise missile development programs of Iran, North 
Korea, or Syria, as the case may be, such person did 
not provide such a vessel or service. 
(b) OPPORTUNITY TO PROVIDE INFORMATION.— 
Congress urges the President— 
(1) in every appropriate case, to contact in a 
timely fashion each person described in section 3(a), 
or the government with primary jurisdiction over 
such person, in order to afford such person, or such 
government, the opportunity to provide explanatory, 
exculpatory, or other additional information with re-
spect 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 described in sub-
section (a) in all cases in which information obtained 
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from each person described in section 3(a), or from 
the government with primary jurisdiction over such 
person, establishes that the exercise of such author-
ity is warranted. 
(c) FORM OF TRANSMISSION.— 
(1) IN GENERAL.—Except as provided in para-
graph (2), the determination and report of the 
President under subsection (a) shall be transmitted 
in unclassified form. 
(2) EXCEPTION.—The determination and report 
of the President under subsection (a) may be trans-
mitted in classified form if the President certifies to 
the appropriate congressional committees that it is 
vital to the national security interests of the United 
States to do so. 
SEC. 6. RESTRICTIONS ON NUCLEAR COOPERATION WITH 
COUNTRIES 
AIDING 
PROLIFERATION 
BY 
IRAN, NORTH KOREA, OR SYRIA. 
(a) IN GENERAL.— 
(1) RESTRICTIONS.—Notwithstanding any other 
provision of law, on or after the date of the enact-
ment of this Act— 
(A) no agreement for cooperation between 
the United States and the government of any 
country that is assisting the nuclear program of 
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Iran, North Korea, or Syria, or transferring ad-
vanced conventional weapons or missiles to 
Iran, North Korea, or Syria may be submitted 
to the President or to Congress pursuant to 
section 123 of the Atomic Energy Act of 1954 
(42 U.S.C. 2153); 
(B) no such agreement may enter into 
force with respect to such country; 
(C) no license may be issued for export di-
rectly or indirectly to such country of any nu-
clear material, facilities, components, or other 
goods, services, or technology that would be 
subject to such agreement; and 
(D) no approval may be given for the 
transfer or retransfer directly or indirectly to 
such country of any nuclear material, facilities, 
components, or other goods, services, or tech-
nology that would be subject to such agreement, 
until the President makes the determination 
and report under paragraph (2). 
(2) DETERMINATION AND REPORT.—The deter-
mination and report referred to in paragraph (1)(D) 
are a determination and report by the President, 
submitted to the Committee on Foreign Affairs of 
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the House of Representatives and the Committee on 
Foreign Relations of the Senate, that— 
(A) Iran, North Korea, or Syria, as the 
case may, has ceased its efforts to design, de-
velop, or acquire a nuclear explosive device or 
related materials or technology; or 
(B) the government of the country that is 
assisting the nuclear programs of Iran, North 
Korea, or Syria, as the case may be, or trans-
ferring advanced conventional weapons or mis-
siles to Iran, North Korea, or Syria, as the case 
may be— 
(i) has suspended all nuclear assist-
ance to Iran, North Korea, or Syria, as the 
case may be, and all transfers of advanced 
conventional weapons and missiles to Iran, 
North Korea, or Syria, as the case may be; 
and 
(ii) is committed to maintaining that 
suspension until Iran, North Korea, or 
Syria, as the case may be, has imple-
mented measures that would permit the 
President to make the determination de-
scribed in subparagraph (A). 
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(b) RULES OF CONSTRUCTION.—The restrictions de-
scribed in subsection (a)(1)— 
(1) shall apply in addition to all other applica-
ble procedures, requirements, and restrictions de-
scribed in the Atomic Energy Act of 1954 and other 
applicable Acts; and 
(2) shall not be construed as affecting the valid-
ity of an agreement for cooperation between the 
United States and the government of a country that 
is in effect on the date of the enactment of this Act. 
(c) DEFINITIONS.—In this section: 
(1) AGREEMENT FOR COOPERATION.—The term 
‘‘agreement for cooperation’’ has the meaning given 
that term in section 11 b. of the Atomic Energy Act 
of 1954 (42 U.S.C. 2014 b.). 
(2) ASSISTING
THE
NUCLEAR
PROGRAM
OF 
IRAN, NORTH KOREA, OR SYRIA.—The term ‘‘assist-
ing the nuclear program of Iran, North Korea, or 
Syria’’ means the intentional transfer to Iran, North 
Korea, or Syria by a government, or by a person 
subject to the jurisdiction of a government with the 
knowledge and acquiescence of that government, of 
goods, services, or technology listed on the Nuclear 
Suppliers Group Guidelines for the Export of Nu-
clear Material, Equipment and Technology (pub-
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lished by the International Atomic Energy Agency as 
Information Circular INFCIRC/254/Rev. 3/Part 1, 
and subsequent revisions), or the Nuclear Suppliers 
Group Guidelines for Transfers of Nuclear-Related 
Dual-Use Equipment, Material, and Related Tech-
nology (published by the International Atomic En-
ergy Agency as Information Circular INFCIR/254/ 
Rev. 3/Part 2, and subsequent revisions). 
(3) COUNTRY
THAT
IS
ASSISTING
THE
NU-
CLEAR
PROGRAMS
OF
IRAN, NORTH
KOREA, OR 
SYRIA OR TRANSFERRING ADVANCED CONVENTIONAL 
WEAPONS OR MISSILES TO IRAN, NORTH KOREA, OR 
SYRIA.—The term ‘‘country that is assisting the nu-
clear program of Iran, North Korea, or Syria or 
transferring advanced conventional weapons or mis-
siles to Iran, North Korea, or Syria’’ means— 
(A) the Russian Federation; and 
(B) any other country determined by the 
President to be assisting the nuclear program 
of Iran, North Korea, or Syria or transferring 
advanced conventional weapons or missiles to 
Iran, North Korea, or Syria. 
(4) TRANSFER.—The term ‘‘transfer’’ means 
the conveyance of technological or intellectual prop-
erty, or the conversion of intellectual or technological 
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