I 
109TH CONGRESS 
1ST SESSION H. R. 3100 
To authorize measures to deter arms transfers by foreign countries to the 
People’s Republic of China. 
IN THE HOUSE OF REPRESENTATIVES 
JUNE 29, 2005 
Mr. HYDE (for himself, Mr. LANTOS, Mr. HUNTER, Mr. FALEOMAVAEGA, Ms. 
ROS-LEHTINEN, Mr. MCCOTTER, Mrs. JO ANN DAVIS of Virginia, Mr. 
BURTON of Indiana, Mr. SMITH of New Jersey, Mr. MCCAUL of Texas, 
Ms. HARRIS, Mr. WELLER, Mr. BOOZMAN, and Mr. ISSA) introduced the 
following bill; which was referred to the Committee on International Rela-
tions 
A BILL 
To authorize measures to deter arms transfers by foreign 
countries to the People’s Republic of China. 
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 ‘‘East Asia Security 
Act of 2005’’. 
SEC. 2. STATEMENTS OF POLICY. 
Congress—
(1) previously expressed its strong concerns in 
House Resolution 57 of February 2, 2005, and Sen-
ate Resolution 91 of March 17, 2005, with the 
transfer of armaments and related technology to the 
People’s Republic of China by member states of the 
European Union, which increased eightfold from 
2001 to 2003, and with plans to terminate in the 
near future the arms embargo they imposed in 1989 
following the Tiananmen Square massacre; 
(2) welcomes deferral of a decision by the Euro-
pean Council to terminate its arms embargo fol-
lowing adoption of those Resolutions, the President’s 
visit to Europe, and growing concern among coun-
tries in the regions and the general public on both 
sides of the Atlantic; 
(3) welcomes the decision by the European Par-
liament on April 14, 2005, by a vote of 421 to 85, 
to oppose the lifting of the European Union’s arms 
embargo on the People’s Republic of China, and res-
olutions issued by a number of elected parliamentary 
bodies in Europe also opposing the lifting of the 
arms embargo; 
(4) also welcomes the onset of a strategic dia-
logue between the European Commission and the 
Government of the United States on the security sit-
uation in East Asia, through which it is hoped a 
greater understanding will emerge of the con-
sequences of European assistance to the military 
buildup of the People’s Republic of China for peace 
and stability in that region, to the security interests 
of the United States and its friends and allies in the 
region, and, in particular, to the safety of United 
States Armed Forces whose presence in the region 
has been a decisive factor in ensuring peace and 
prosperity since the end of World War II; 
(5) hopes that a more intensive dialogue with 
Europe on this matter will clarify for United States 
friends and allies in Europe how their ‘‘non-lethal’’ 
arms transfers improve the force projection of the 
People’s Republic of China, are far from benign, and 
enhance the prospects for the threat or use of force 
in resolving the status of Taiwan, a troubling pros-
pect made more ominous by recent adoption of a 
new law by the Chinese National People’s Congress 
expressly authorizing the use of force; 
(6) also hopes that this dialogue will result in 
an important new consensus between the United 
States and its European partners on the need for co-
ordinated policies which encourage the development 
of democracy in the People’s Republic of China and
which discourage, not assist, China’s unjustified 
military buildup and pursuit of weapons that threat-
en its neighbors; 
(7) however, deeply regrets that none of the 
European friends and allies of the United States 
who have been transferring arms to the People’s Re-
public of China has announced a cessation or even 
a temporary halt to those transfers while this new 
dialogue with the United States ensues, and notes 
with concern that such European friends and allies 
have provided little, if any, transparency to the 
United States Government into the full range and 
capabilities of all of the armaments and related tech-
nology that they have transferred to date and con-
tinue even now to do so; 
(8) is further troubled by public reports describ-
ing well known European companies as suppliers to 
weapons programs of the People’s Republic of 
China, who are also participants in numerous sen-
sitive United States Government weapons programs, 
and the increased risks of diversion of United States 
weapons technology to China inherent in such an 
undesirable situation; and 
(9) in view of the gravity of European arms 
sales to the People’s Republic of China, which have
not abated, believes it is necessary to make provision 
for greater scrutiny and oversight with respect to 
those areas of international armament cooperation 
that present increased levels of risk to the security 
interests of the United States and to authorize ap-
propriate measures which the President may drawn 
on in deterring foreign support for China’s military 
buildup in order to safeguard the national security 
interests of the United States and peace and secu-
rity in East Asia. 
SEC. 3. REPORT ON FOREIGN MILITARY EXPORTS TO 
CHINA. 
(a) REPORT.—The President shall, at the times spec-
ified in subsection (b), transmit to the appropriate con-
gressional committees a report that identifies every person 
of a member country of the European Union, and any 
other foreign person the President may consider appro-
priate, with respect to whom there is credible information 
indicating that the person, on or after January 1, 2005, 
exported to— 
(1) the People’s Republic of China any item on 
the Wassenaar Munitions List of July 12, 1996, and 
subsequent revisions; or 
(2) the military, intelligence, or other security 
forces of the People’s Republic of China—
(A) any item on the Wassenaar List of 
Dual Use Goods and Technologies of July 12, 
1996, and subsequent revisions; or 
(B) any other dual use item if the item is 
intended, entirely or in part, for use with an 
item described in paragraph (1). 
(b) TIMING OF REPORT.—The report required under 
subsection (a) shall be transmitted not later than 180 days 
after the date of the enactment of this Act and not later 
than the end of each 12-month period thereafter. 
(c) EXCEPTIONS.—A foreign person is not required 
to be identified in a report required under subsection (a) 
if the person— 
(1) was identified in a previous report trans-
mitted under subsection (a) on account of a par-
ticular export, except to the extent that the export 
may have continued, involved additional transfers, or 
was larger, more significant, or different in nature 
than described in the previous report; 
(2) was engaged solely in an export on behalf 
of, or in concert with, the Government of the United 
States; or 
(3) was engaged in an export which, as deter-
mined by the President, would be exempt from the 
restrictions of section 902(a) of the Foreign Rela-
tions Authorization Act, Fiscal Years 1990 and 
1991 (Public Law 101–246; 22 U.S.C. 2151 note), 
if the export were subject to the jurisdiction of the 
United States, by reason of the issuance of a report 
under section 902(b) of such Act. 
(d) FORM.—If the President considers it appropriate, 
reports transmitted under subsection (a), or appropriate 
parts thereof, may be transmitted in classified form. 
SEC. 4. REPORT ON CHINA ARMS TRANSFER POLICIES OF 
COUNTRIES 
PARTICIPATING 
IN 
UNITED 
STATES DEFENSE COOPERATIVE PROJECTS; 
CERTAIN LICENSE REQUIREMENTS. 
(a) STATEMENT OF POLICY.—Congress is concerned 
with the significant additional risk of unlawful use and 
diversion of sensitive United States weapons system re-
search, design, and development arising from cooperative 
research and development projects with foreign govern-
ments and foreign persons who may also transfer arms 
and related technology to the People’s Republic of China. 
(b) REPORT.—The President shall, at the times spec-
ified in subsection (c), transmit to the appropriate con-
gressional committees a report that— 
(1) identifies every foreign government with re-
spect to which the United States is carrying out a 
cooperative project described in subsection (d) and
whose policies or practices, on or after the date of 
the enactment of this Act, permit the export of any 
item described in paragraph (1), or subparagraph 
(A) or (B) of paragraph (2), of section 3(a); and 
(2) describes the cooperative projects and poli-
cies or practices referred to in paragraph (1) of 
every foreign government identified under such para-
graph. 
(c) TIMING OF REPORT.—The report required under 
subsection (b)— 
(1) shall be transmitted not later than 180 days 
after the date of the enactment of this Act and not 
later than the end of each 12-month period there-
after; and 
(2) may be included in the report required 
under section 3, as the President determines appro-
priate. 
(d) 
COOPERATIVE
PROJECTS.—The 
cooperative 
projects referred to in subsection (b) are projects carried 
out under section 27 of the Arms Export Control Act (22 
U.S.C. 2767) or section 2350a, 2358, or a memorandum 
of understanding under section 2531 of title 10, United 
States Code. 
(e) LICENSE REQUIREMENTS.—
(1) 
REQUIREMENT.—Notwithstanding 
any 
other provision of law, a license under section 38 of 
the Arms Export Control Act (22 U.S.C. 2778) shall 
be required for the export of defense articles or de-
fense services by any person who is not an officer or 
employee of the Government of the United States in 
furtherance of a cooperative project described in 
subsection (d) with a country identified in a report 
transmitted under subsection (b). 
(2) 
CONGRESSIONAL
NOTIFICATION.—The 
issuance of a license pursuant to paragraph (1) shall 
be subject to the same requirements as are applica-
ble to the export of items described in section 36(c) 
of the Arms Export Control Act (22 U.S.C. 2776(c)) 
(without regard to the dollar amount requirements 
relating to contracts contained in such section), in-
cluding the transmittal of information and the appli-
cation of congressional review procedures in accord-
ance with such section. 
SEC. 5. CERTAIN FOREIGN OWNERSHIP AND CONTROL OF 
DEFENSE ARTICLES IN THE UNITED STATES. 
(a) STATEMENT OF POLICY.—Congress determines 
that special care should be taken by the United States 
with respect to foreign persons who sell arms and related 
technology to the People’s Republic of China, while simul-
taneously seeking ownership of United States defense arti-
cles or defense services, including the results of United 
States Government funded defense research and develop-
ment, through the acquisition or control of United States 
defense firms, directly or through their subsidiaries and 
affiliates based in the United States. 
(b) LICENSE REQUIREMENTS.— 
(1) REQUIREMENT.—The President shall re-
quire a license pursuant to regulations issued under 
section 38(g)(6) of the Arms Export Control Act (22 
U.S.C. 2778(g)(6)) for the transfer of ownership or 
control of United States defense articles or defense 
services arising from the acquisition or control of a 
person required to be registered under section 
38(b)(1) of such Act (22 U.S.C. 2778(b)(1)), or any 
subsidiary, division, affiliate or other entity thereof, 
whenever the person gaining acquisition or control 
is— 
(A) a foreign national of the People’s Re-
public of China or a foreign person otherwise 
subject to the jurisdiction, ownership, or control 
of the People’s Republic of China; 
(B) a foreign person identified in a report 
transmitted under section 3 or having its prin-
cipal place of business in a country described in 
a report transmitted under section 4; or 
(C) a United States person owned or con-
trolled by a foreign person, including a sub-
sidiary or affiliate of a foreign person described 
in subparagraph (B). 
(2) ADDITIONAL
REQUIREMENT.—A license 
under section 38(g)(6) of the Arms Export Control 
Act for a person described in paragraph (1)(A) shall 
not be issued until 30 days after the date on which 
the President transmits a report that contains a de-
termination of the President that— 
(A) the Government of the People’s Repub-
lic of China meets the requirements of section 
902(b)(1) of the Foreign Relations Authoriza-
tion Act, Fiscal Years 1990 and 1991 (Public 
Law 101–246; 22 U.S.C. 2151 note); or 
(B) it is in the national interest of the 
United States to issue the license. 
(c) CONGRESSIONAL NOTIFICATION.—The issuance 
of a license pursuant to subsection (b) shall be subject 
to the same requirements as are applicable to the export 
of items described in section 36(c) of the Arms Export 
Control Act (22 U.S.C. 2776(c)) (without regard to the 
dollar amount requirements relating to contracts con-
tained in such section), including the transmittal of infor-
mation and the application of congressional review proce-
dures in accordance with such section. 
(d) EXCEPTION.—The issuance of a license pursuant 
to subsection (b) shall not be required in the case of an 
amendment to a munitions license or a change in registra-
tion arising from a sale or transfer of ownership or control 
of United States defense articles or defense services to a 
person described in subparagraph (A), (B), or (C) of sub-
section (b)(1) that was approved prior to the date of en-
actment of this Act unless the President determines that 
it is in the national security interests of the United States 
to require the issuance of a new license pursuant to sub-
section (b). 
SEC. 6. CHINESE MILITARY END USE OF DUAL USE EX-
PORTS. 
(a) STATEMENT OF POLICY.—Congress welcomes the 
understanding reached at the Wassenaar Arrangement’s 
December 2003 plenary meeting to require governmental 
authorization for the transfer of non-listed dual use items 
intended for military end use in a destination subject to 
any relevant regional arms embargo or to any United Na-
tions Security Council resolution. 
(b) LICENSE REQUIREMENT.—
(1) REQUIREMENT.—The President shall re-
quire a license under the Export Administration 
Regulations for the export of any item described in 
paragraph (1), or subparagraph (A) or (B) of para-
graph (2), of section 3(a) that is not subject to a li-
cense under section 38 of the Arms Export Control 
Act (22 U.S.C. 2778) if the item is intended for 
military end use by the People’s Republic of China. 
(2) SENSE OF CONGRESS.—It is the sense of 
Congress that the President should not approve a li-
cense pursuant to paragraph (1) unless the Presi-
dent determines that approval is important to 
counterterrorism, nonproliferation, or other national 
security interests of the United States. 
(c) CONGRESSIONAL NOTIFICATION.—The issuance 
of a license pursuant to subsection (b) shall be subject 
to the same requirements as are applicable to the export 
of items described in section 36(c) of the Arms Export 
Control Act (22 U.S.C. 2776(c)) (without regard to the 
dollar amount requirements relating to contracts con-
tained in such section), including the transmittal of infor-
mation and the application of congressional review proce-
dures in accordance with such section. 
(d) DEFINITION.—In this section, the term ‘‘military 
end use’’ means, with respect to an item, the item is or
may be intended, entirely or in part, for use in conjunction 
with an item described on the Wassenaar Munitions List 
of July 12, 1996, and subsequent revisions. 
SEC. 7. APPLICATION OF MEASURES TO CERTAIN FOREIGN 
PERSONS. 
(a) APPLICATION OF MEASURES.—Subject to sec-
tions 8 and 9, the President may apply with respect to 
any foreign person (including a foreign government) iden-
tified in a report transmitted under section 3, and shall 
apply with respect to any foreign person (including a for-
eign government) identified in more than one report trans-
mitted under section 3, any or all of the following meas-
ures: 
(1) RESEARCH AND DEVELOPMENT.—Denial of 
participation in existing and new cooperative re-
search and development programs and projects 
under section 27 of the Arms Export Control Act 
(22 U.S.C. 2767) or sections 2350a, 2358, or a 
memorandum of understanding under 2531 of title 
10, United States Code. 
(2) CONTROL
OF
UNITED
STATES
DEFENSE 
FIRMS.—Prohibition of ownership and control of any 
business organization required to be registered with 
the United States Government as a manufacturer or 
exporter of defense articles or defense services under
section 38(b)(1) of the Arms Export Control Act (22 
U.S.C. 2778(b)(1)). 
(3) SECURITY
ASSISTANCE.—Prohibition on 
participation in any foreign military sales under 
chapter 2 of the Arms Export Control Act (22 
U.S.C. 2761 et seq.) or any design and construction 
sales under chapter 2A of such Act (22 U.S.C. 
2769). 
(4) MUNITIONS LIST APPROVALS.—Prohibition 
on licenses and other forms of approval under sec-
tion 38 of the Arms Export Control Act (22 U.S.C. 
2778) for the export of any item on the United 
States Munitions List as in effect on August 8, 
1995. 
(5) DUAL USE APPROVALS.—Prohibition on li-
censes and other forms of approval for dual use 
goods or technology, the export of which is con-
trolled under the Export Administration Act of 1979 
(as continued in effect under the International 
Emergency Economic Powers Act) or the Export 
Administration Regulations. 
(b) APPLICATION OF ADDITIONAL MEASURES.—Sub-
ject to sections 8 and 9, and notwithstanding any other 
provision of law, the President may, with respect to any 
foreign person (including a foreign government) identified
in a report transmitted under section 3, and shall, with 
respect to any foreign person (including a foreign govern-
ment) identified in more than one report transmitted 
under section 3— 
(1) suspend the use of any license exemption 
and expedited license procedure established in the 
International Traffic in Arms Regulations or other 
provisions of law for the export or temporary import 
of defense articles and defense services; 
(2) require the execution of a non-transfer and 
end use certificate for the export of any defense arti-
cles and defense services; and 
(3) require, as a condition of issuance of any li-
cense for the export of defense articles and defense 
services, United States access to and verification of 
the items after the export of the items or alternative 
measures to ensure compliance with restrictions on 
the transfer of the items to third-parties. 
(c) EFFECTIVE DATE OF MEASURES.—Measures ap-
plied pursuant to subsection (a) or (b) shall be effective 
with respect to a foreign person (including a foreign gov-
ernment) no later than— 
(1) 30 days after the report identifying the for-
eign person is transmitted, if the report is trans-
mitted on or before the date required by section 
3(b); or 
(2) on the date that the report identifying the 
foreign person is transmitted, if the report is trans-
mitted more than 30 days after the date required by 
section 3(b). 
(d) DURATION
OF MEASURES.—Measures applied 
pursuant to subsection (a) shall be for a period of 2 years 
or longer, as the President determines appropriate. Meas-
ures applied pursuant to subsection (b) shall be, at a min-
imum, consistent with the duration of the license and the 
normal requirements for record keeping established in the 
International Traffic in Arms Regulations or longer, as 
the President determines appropriate. 
(e) PUBLICATION IN FEDERAL REGISTER.—The ap-
plication of measures to a foreign person pursuant to sub-
section (a) or (b) shall be announced by notice published 
in the Federal Register, except if the President determines 
that doing so would be inconsistent with the protection 
of classified information. 
SEC. 8. PROCEDURES IF DISCRETIONARY MEASURES ARE 
NOT APPLIED. 
(a) REQUIREMENT TO NOTIFY CONGRESS.—If the 
President does not exercise the authority of subsection (a) 
or (b) of section 7 to apply any or all of the discretionary
measures described in such subsection with respect to a 
foreign person identified in a report transmitted under 
section 3, the President shall so notify the appropriate 
congressional committees not later than the effective date 
under section 7(c) for measures with respect to that per-
son. 
(b) WRITTEN
JUSTIFICATION.—Any notification 
transmitted by the President under subsection (a) shall 
include a written justification describing in detail the facts 
and circumstances relating specifically to the foreign per-
son identified in a report transmitted under section 3 that 
support the President’s decision not to exercise the au-
thority of subsection (a) or (b) of section 7 with respect 
to that person. 
(c) FORM.—If the President considers it appropriate, 
the notification of the President under subsection (a), and 
the written justification under subsection (b), or appro-
priate parts thereof, may be transmitted in classified form. 
SEC. 9. DETERMINATIONS EXEMPTING FOREIGN PERSONS 
FROM MANDATORY MEASURES. 
(a) WAIVER.—Any mandatory measure described in 
section 7 shall not apply with respect to a foreign person 
if the President transmits to the appropriate congressional 
committees a report that contains a determination of the 
President that—
(1) on the basis of information provided by that 
person or the foreign government having primary ju-
risdiction over the person, the person did not, on or 
after January 1, 2005, knowingly export to the Peo-
ple’s Republic of China the item the apparent export 
of which caused the person to be identified in a re-
port transmitted under section 3; or 
(2) the foreign government having primary ju-
risdiction over the person has entered into a written 
agreement with the United States which— 
(A) is binding under international law; 
(B) prohibits further exports of any item 
described in paragraph (1), or subparagraph 
(A) or (B) of paragraph (2), of section 3(a) by 
any person subject to its jurisdiction; 
(C) is supported by the foreign govern-
ment’s adoption of policies and procedures pro-
viding for credible implementation of the re-
quirements in subparagraphs (A) and (B); 
(D) does not constrain the President’s au-
thority to impose measures under this act in 
the event of a future export of concern by the 
same or other persons subject to the jurisdic-
tion of the foreign government party to the 
agreement; and
(E) is submitted to the appropriate con-
gressional committees 30 days prior to its entry 
into force. 
(b) ADDITIONAL WAIVER.—Any mandatory measure 
described in section 7 shall not apply to a foreign person 
if the President determines that it is important to the 
counterterrorism, nonproliferation, or other national secu-
rity interests of the United States and transmits to the 
appropriate congressional committees a report in writing 
that contains such determination. 
(c) SENSE OF CONGRESS.—It is the sense of Con-
gress that the President should— 
(1) strengthen international coordination and 
execution of arms export policy through the develop-
ment of bilateral and multilateral agreements under 
subsection (a)(2), particularly with member states of 
the North Atlantic Treaty Organization (NATO), 
Japan, Australia and New Zealand, and exercise the 
waivers provided under this section in all appro-
priate instances that further this objective; and 
(2) whenever the President determines that the 
measures described in section 7 should be applied, 
that the measures be applied comprehensively with 
respect to the affected foreign person’s affiliates and 
subsidiaries, wherever located, in order to deter to
the fullest extent possible a recurrence or continu-
ation of the export giving rise to the President’s de-
termination. 
(d) FORM.—If the President considers it appropriate, 
the determination and report of the President under sub-
section (a), or appropriate parts thereof, may be trans-
mitted in classified form. 
SEC. 10. DEFINITIONS. 
In this Act: 
(1) APPROPRIATE
CONGRESSIONAL
COMMIT-
TEES.—The term ‘‘appropriate congressional com-
mittees’’ means— 
(A) the Committee on International Rela-
tions and the Committee on Armed Services of 
the House of Representatives; and 
(B) the Committee on Foreign Relations 
and the Committee on Armed Services of the 
Senate. 
(2) DEFENSE ARTICLES AND DEFENSE SERV-
ICES.—The term ‘‘defense articles and defense serv-
ices’’ has the meaning given the term in section 
47(7) of the Arms Export Control Act (22 U.S.C. 
2794 note). 
(3) DUAL USE.—The term ‘‘dual use’’ means, 
with respect to goods or technology, those goods or
technology that are specifically designed or devel-
oped for civil purposes but which also may be used 
or deployed in a military or proliferation mode. Such 
term does not include purely commercial items. 
(4) EXPORT.—The term ‘‘export’’ has the 
meaning given that term in section 120.17 of the 
International Traffic in Arms Regulations, and in-
cludes re-exports, transfers, and retransfers by any 
means. 
(5) EXPORT ADMINISTRATION REGULATIONS.— 
The term ‘‘Export Administration Regulations’’ 
means those regulations contained in sections 730 
through 774 of title 15, Code of Federal Regulations 
(or successor regulations). 
(6) FOREIGN
GOVERNMENT.—The term ‘‘for-
eign government’’ has the meaning given the term in 
section 38(g)(9)(B) of the Arms Export Control Act 
(22 U.S.C. 2778(g)(9)(B)). 
(7) FOREIGN PERSON.—The term ‘‘foreign per-
son’’ has the meaning given the term in section 
38(g)(9)(C) of the Arms Export Control Act (22 
U.S.C. 2778(g)(9)(C)). 
(8) GOOD.—The term ‘‘good’’ has the meaning 
given the term in section 16(3) of the Export Ad-
ministration Act of 1979 (50 U.S.C. App. 2415(3)).
(9) INTERNATIONAL TRAFFIC IN ARMS REGULA-
TIONS.—The term ‘‘International Traffic in Arms 
Regulations’’ means those regulations contained in 
sections 120 through 130 of title 22, Code of Fed-
eral Regulations (or successor regulations). 
(10) ITEM.—The term ‘‘item’’ means any good 
or technology, defense article or defense service sub-
ject to the export jurisdiction of the United States 
under law or regulation. 
(11) LICENSE.—The term ‘‘license’’ means an 
official written document of the United States Gov-
ernment issued pursuant to the Export Administra-
tion Regulations or the International Traffic in 
Arms Regulations, as the case may be, authorizing 
a specific export. 
(12) OTHER FORMS OF APPROVAL.—The term 
‘‘other forms of approval’’ includes any authoriza-
tion, rule or exemption contained in any statute or 
regulation that permits an export without a license. 
(13) OWNERSHIP
OR
CONTROL.—The term 
‘‘ownership or control’’ has the meaning given the 
term in section 122.2(c) of the International Traffic 
in Arms Regulations. 
(14) PERSON.—The term ‘‘person’’ has the 
meaning given the term in section 38(g)(9)(E) of
the 
Arms 
Export 
Control 
Act 
(22 
U.S.C. 
2778(g)(9)(E)). 
(15) TECHNOLOGY.—The term ‘‘technology’’ 
has the meaning given the term in section 16(4) of 
the Export Administration Act of 1979 (50 U.S.C. 
App. 2415(4)). 
(16) UNITED
STATES
MUNITIONS
LIST.—The 
term ‘‘United States Munitions List’’ means the list 
referred to in section 38(a)(1) of the Arms Export 
Control Act (22 U.S.C. 2778(a)(1)). 
Æ