national law regarding halting the spread of missile 
proliferation could be strengthened. The new Na-
tional Strategy to Combat Weapons of Mass De-
struction also commits the United States to support 
those regimes that are currently in force, and to 
work to improve the effectiveness of, and compliance 
with, those regimes, and identifies the MTCR as a 
regime that the United States will seek to strength-
en. 
(13) Secretary of Defense Donald Rumsfeld, 
testifying on February 12, 2003, before the Com-
mittee on Armed Services of the Senate, stated the 
following: ‘‘. . . [I]t’s pretty clear that the pro-
liferation regimes that exist in the world worked 
pretty well before, [but] they’re not working very 
well right now. . . . [U]nless the world wakes up 
and says this is a dangerous thing and creates a set 
of regimes that will in fact get cooperation to stop 
those weapons, we’re going to be facing a very seri-
ous situation in the next five years.’’. 
(14) The MTCR has made an invaluable con-
tribution to restraint in the international trade of of-
fensive ballistic missiles. Strengthening international 
controls on ballistic missiles, however, will require a 
dramatic expansion of adherents that rigorously
abide by the MTCR’s guidelines, and a binding legal 
basis for the United Nations and countries devoted 
to nonproliferation to prevent, and when necessary 
act to prevent, further proliferation of offensive bal-
listic missiles around the world. 
(15) Therefore, it should be the policy of the 
United States to promote the creation of new inter-
national mechanisms that would, in all future cir-
cumstances, allow the peace-loving and law-abiding 
nations of the world the authority to interdict and 
prevent the transfer of such missiles. 
SEC. 102. POLICY OF THE UNITED STATES. 
It shall be the policy of the United States to seek 
a binding international instrument or instruments to re-
strict the trade in offensive ballistic missiles with ranges 
of 300 kilometers or more that have a payload capacity 
of 500 kilograms or more. Such a binding international 
instrument may take the form of a multilateral treaty, a 
United Nations Security Council resolution, or other in-
strument of international law, and should provide for en-
forcement measures including interdiction, seizure, and 
impoundment of illicit shipments of offensive ballistic mis-
siles and related technology, equipment, and components.
SEC. 103. SENSE OF CONGRESS. 
It is the sense of the Congress that the United States 
should immediately introduce a resolution in the United 
Nations Security Council to prohibit all members of the 
United Nations from purchasing, receiving, assisting or al-
lowing the transfer of, and to authorize the subsequent 
interdiction, seizure, and impoundment of, any missile, 
missile-related equipment, means of producing missiles, or 
missile-related technology from North Korea. 
TITLE 
II—STRENGTHENING 
UNITED 
STATES 
MISSILE 
NONPROLIFERATION LAW 
SEC. 201. PROBATIONARY PERIOD FOR FOREIGN PERSONS. 
(a) IN GENERAL.—Notwithstanding any other provi-
sion of law, upon the expiration, or the granting of a waiv-
er, on or after January 1, 2003, of sanctions against a 
foreign person imposed under section 73(a) of the Arms 
Export Control Act (22 U.S.C. 2797b(a)) or under section 
11B(b)(1) of the Export Administration Act of 1979 (50 
U.S.C. App. 2410b(b)(1)), as continued in effect under 
the International Emergency Economic Powers Act, a li-
cense shall be required, for a period of not less than 3 
years, for the export to that foreign person of all items 
controlled for export under section 5 or 6 of the Export 
Administration Act of 1979 (50 U.S.C. App. 2404, 2405), 
as continued in effect under the International Emergency
Economic Powers Act, in accordance with the Export Ad-
ministration Regulations. 
(b) TERMINATION.—Subsection (a) shall not apply to 
a foreign person 30 days after the President notifies the 
Committee on International Relations of the House of 
Representatives and the Committee on Banking, Housing, 
and Urban Affairs and the Committee on Foreign Rela-
tions of the Senate that he has determined that—
(1) the foreign person has—
(A) ceased all activity related to the origi-
nal imposition of sanctions under section 73(a) 
of the Arms Export Control Act or section 
11B(b)(A) of the Export Administration Act of 
1979, as the case may be; and 
(B) has instituted a program of trans-
parency measures whereby the United States 
will be able to verify for at least a period of 3 
years that the foreign person is not engaging in
prohibited activities under those provisions of 
law referred to in paragraph (1); and 
(2) there has been an appropriate resolution of 
the original violation or violations, such as financial 
penalties, incarceration, destruction of prohibited 
items, or other appropriate measures taken to pre-
vent a recurrence of the violation or violations.
SEC. 202. STRENGTHENING UNITED STATES MISSILE PRO-
LIFERATION SANCTIONS ON FOREIGN PER-
SONS. 
(a) ARMS EXPORT CONTROL ACT.—Section 73(a)(2) 
of the Arms Export Control Act (22 U.S.C. 2797b(a)(2)) 
is amended by striking ‘‘2 years’’ each place it appears 
and inserting ‘‘4 years’’. 
(b) PUBLIC INFORMATION.—Section 73(e)(2) of the 
Arms Export Control Act (22 U.S.C. 2797b(e)(2)) is 
amended by adding at the end the following new sentence: 
‘‘Such report may be classified only to the extent nec-
essary to protect intelligence sources and methods. If the 
report is so classified, the President shall make every ef-
fort to acquire sufficient alternative information that 
would allow a subsequent unclassified version of the report 
to be issued.’’. 
(c) EXPORT ADMINISTRATION ACT OF 1979.—Any 
sanction imposed on a foreign person under section 
11B(b)(1) of the Export Administration Act of 1979 (50 
U.S.C. App. 2410b(b)(1)), as continued in effect under 
the International Emergency Economic Powers Act, shall 
be in effect for a period of 4 years beginning on the date 
on which the sanction was imposed. 
(d) APPLICABILITY.—The amendments made by sub-
sections (a) and (b) and the provisions of subsection (c) 
shall apply to all sanctions imposed under section 73(a)