I
104TH CONGRESS
2D SESSION
H. R. 3109
To amend the Export Administration Act of 1979 with respect to exports
to terrorist countries.
IN THE HOUSE OF REPRESENTATIVES
MARCH 19, 1996
Mr. GEJDENSON introduced the following bill; which was referred to the
Committee on International Relations
A BILL
To amend the Export Administration Act of 1979 with
respect to exports to terrorist countries.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled,
That section 6(j) of the Export Administration Act of
1979 (50 U.S.C. App. 2405(j)) is amended to read as fol-
lows:
‘‘(j) COUNTRIES SUPPORTING INTERNATIONAL TER-
RORISM.—
‘‘(1) PROHIBITION ON EXPORTS.—(A) No ex-
port or reexport described in subparagraph (B) may
be made to any country the government of which the
Secretary of State has determined has repeatedly
provided support for acts of international terrorism.
‘‘(B) The exports and reexports referred to in
subparagraph (A) are—
‘‘(i) of any goods or technology the export
of which is controlled under this Act pursuant
to the Wassenaar Arrangement, the Missile
Technology Control Regime, or the Australia
Group, or controlled under this Act pursuant to
section 309(c) of the Nuclear Non-Proliferation
Act of 1978,
‘‘(ii) of any other goods or technology the
export of which is controlled under this Act
pursuant to multilateral export control regimes
in which the United States participates, and
‘‘(iii) of any goods or technology which
could make a significant contribution to the
military potential of a country described in sub-
paragraph (A), including its military logistics
capability, or could enhance the ability of such
country to support acts of international terror-
ism,
other than food, medicine, or medical supplies that
the President determines will be used only for hu-
manitarian purposes. An individual validated license
shall be required for the export under this para-
graph of any such food, medicine, or medical sup-
plies.
‘‘(C) Subsections (a)(3) and (b) shall not apply
to exports prohibited or restricted under this sub-
section.
‘‘(D)(i) The Secretary shall maintain a list of
goods and technology described in subparagraph
(B)(iii). The Secretary shall review the list of items
on that list at least annually. At the conclusion of
the review, the Secretary shall determine whether to
remove items from the list, change the specifications
of items on the list, or add items to the list, in order
to ensure that the items on the list meet the require-
ments of subparagraph (B)(iii).
‘‘(ii) The procedures set forth in section 5(c)(3)
shall apply to reviews under clause (i) of the list of
items described in subparagraph (B)(iii) to the same
extent as such section applies to reviews of the con-
trol list under section 5.
‘‘(2) NOTIFICATION OF CONGRESS OF LICENSES
ISSUED.—The Secretary and the Secretary of State
shall notify the Speaker of the House of Representa-
tives and the Committee on Banking, Housing, and
Urban Affairs and the Committee on Foreign Rela-
tions of the Senate at least 30 days before issuing
any license under this Act for exports to a country
the government of which the Secretary of State has
determined has repeatedly provided support for acts
of international terrorism.
‘‘(3) PUBLICATION
OF
DETERMINATIONS.—
Each determination of the Secretary of State under
paragraph (1)(A) shall be published in the Federal
Register.
‘‘(4) RESCISSION OF DETERMINATIONS.—A de-
termination made by the Secretary of State under
paragraph (1)(A) may not be rescinded unless the
President submits to the Speaker of the House of
Representatives and the chairman of the Committee
on Banking, Housing, and Urban Affairs and the
chairman of the Committee on Foreign Relations of
the Senate—
‘‘(A) before the proposed rescission would
take effect, a report certifying that—
‘‘(i) there has been a fundamental
change in the leadership and policies of the
government of the country concerned;
‘‘(ii) that government is not support-
ing acts of international terrorism; and
‘‘(iii) that government has provided
assurances that it will not support acts of
international terrorism in the future; or
‘‘(B) at least 45 days before the proposed
rescission would take effect, a report justifying
the rescission and certifying that—
‘‘(i) the government concerned has not
provided any support for international ter-
rorism during the preceding 6-month pe-
riod; and
‘‘(ii) the government concerned has
provided assurances that it will not sup-
port acts of international terrorism in the
future.
‘‘(5) WAIVER
OF
PROHIBITIONS.—The Presi-
dent may waive the prohibitions contained in para-
graph (1)(A) with respect to a specific transaction
if—
‘‘(A) the President determines that the
transaction is essential to the national security
interests of the United States; and
‘‘(B) not less than 30 days prior to the
proposed transaction, the President—
‘‘(i) consults with the Committee on
International Relations of the House of
Representatives and the Committee on
Banking, Housing, and Urban Affairs of
the Senate regarding the proposed trans-
action; and
‘‘(ii) submits to the Speaker of the
House of Representatives and the chair-
man of the Committee on Banking, Hous-
ing, and Urban Affairs of the Senate a re-
port containing—
‘‘(I) the name of any country in-
volved in the proposed transaction,
the identity of any recipient of the
items to be provided pursuant to the
proposed transaction, and the antici-
pated use of those items;
‘‘(II) a description of the items
involved in the proposed transaction
(including their market value) and the
actual sale price at each step in the
transaction;
‘‘(III) the reasons why the pro-
posed transaction is essential to the
national security interests of the Unit-
ed States and the justification for the
proposed transaction;
‘‘(IV) the date on which the pro-
posed transaction is expected to occur;
and
‘‘(V) the name of every United
States Government department, agen-
cy, or other entity involved in the pro-
posed transaction, and every foreign
government involved in the proposed
transaction.
To the extent possible, the information specified in
clause (ii) of subparagraph (B) shall be provided in
unclassified form.
‘‘(6) MULTILATERAL REGIMES.—The Secretary
of State, in consultation with appropriate depart-
ments and agencies, shall have a continuing duty to
seek support by other countries and by effective mul-
tilateral control regimes of controls imposed by this
subsection.
‘‘(7) EFFECT ON OTHER LAWS.—The provisions
of this subsection do not affect any other provision
of law to the extent such other provision imposes
greater restrictions on exports to any country the
government of which the Secretary of State has de-
termined has repeatedly provided support for acts of
international terrorism than are imposed under this
subsection.’’.
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