I
105TH CONGRESS
1ST SESSION
H. R. 2709
To impose certain sanctions on foreign persons who transfer items
contributing to Iran’s efforts to acquire, develop, or produce ballistic missiles.
IN THE HOUSE OF REPRESENTATIVES
OCTOBER 23, 1997
Mr. GILMAN (for himself, Mr. GINGRICH, Mr. BOEHNER, Mr. COX of Califor-
nia, Mr. SOLOMON, Mr. HYDE, Ms. ROS-LEHTINEN, Mr. ROHRABACHER,
Mr. KING, Mr. CHABOT, Mr. FOX of Pennsylvania, Mr. WELLER, Mr.
SAXTON, Mr. NETHERCUTT, Mr. DEUTSCH, Mr. SCHUMER, Mr.
GUTIERREZ, and Mr. BORSKI) introduced the following bill; which was re-
ferred to the Committee on International Relations
A BILL
To impose certain sanctions on foreign persons who transfer
items contributing to Iran’s efforts to acquire, develop,
or produce ballistic missiles.
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 ‘‘Iran Missile Prolifera-
tion Sanctions Act of 1997’’.
SEC. 2. REPORTS ON MISSILE PROLIFERATION TO IRAN.
(a) REPORTS.—Except as provided in subsection (c),
the President shall, at the times specified in subsection
(1) was identified in a previous report submit-
ted under subsection (a) on account of a particular
transfer, transaction, or attempt,
(2) has engaged in a transfer or transaction
that was the basis for the imposition of sanctions
with respect to that person under section 73 of the
Arms Export Control Act or section 1604 of the
Iran-Iraq Arms Non-Proliferation Act of 1992, or
(3) may have engaged in a transfer or trans-
action, or made an attempt, that was the subject of
a waiver under section 4,
is not required to be identified on account of that same
transfer, transaction, or attempt in any report submitted
thereafter under this section.
SEC. 3. IMPOSITION OF SANCTIONS.
(a) REQUIREMENT TO IMPOSE SANCTIONS.—
(1) REQUIREMENT
TO
IMPOSE
SANCTIONS.—
The sanctions described in subsection (b) shall be
imposed on—
(A) any person identified under subsection
(a)(1) of section 2 in a report submitted under
that section, and
(B) any person identified under subsection
(a)(2) of section 2 in a report submitted under
that section, if that person has been identified
in that report or a previous report as having
made at least 1 other attempt described in sub-
section (a)(2) of that section.
(2) EFFECTIVE
DATE
OF
SANCTIONS.—The
sanctions shall be effective—
(A) 30 days after the report triggering the
sanction is submitted, if the report is submitted
on or before the date required by section 2(b);
(B) 30 days after the date required by sec-
tion 2(b) for submitting the report, if the report
triggering the sanction is submitted within 30
days after that date; and
(C) on the date that the report triggering
the sanction is submitted, if that report is sub-
mitted more than 30 days after the date re-
quired by section 2(b).
(b) DESCRIPTION OF SANCTIONS.—The sanctions re-
ferred to in subsection (a) that are to be imposed on a
foreign person described in that subsection are the follow-
ing:
(1) ARMS EXPORT SANCTION.—For a period of
not less than 2 years, the United States Government
shall not sell to that person any item on the United
States Munitions List as in effect on August 8,
1995, and shall terminate sales to that person of
any defense articles, defense services, or design and
construction services under the Arms Export Control
Act.
(2) DUAL USE SANCTION.—For a period of not
less than 2 years, the authorities of section 6 of the
Export Administration Act of 1979 shall be used to
prohibit the export of any goods or technology on
the control list established under section 5(c)(1) of
that Act to that person.
(3) UNITED STATES ASSISTANCE.—For a pe-
riod of not less than 2 years, the United States Gov-
ernment shall not provide any assistance in the form
of grants, loans, credits, guarantees, or otherwise, to
that person.
SEC. 4. WAIVER ON BASIS OF ADDITIONAL INFORMATION.
(a) IN GENERAL.—The President may waive the im-
position of any sanction that would otherwise be required
under section 3 on any foreign person 15 days after the
President determines and reports to the Committee on
International Relations of the House of Representatives
and the Committee on Foreign Relations of the Senate
that, on the basis of information provided by that person,
or otherwise obtained by the President, the President is
persuaded that the person did not, on or after August 8,
1995—
(1) transfer goods or technology, or provide
technical assistance or facilities, that contributed to
Iran’s efforts to acquire, develop, or produce ballistic
missiles; or
(2) attempt on more than one occasion to
transfer goods or technology, or to provide technical
assistance or facilities, that would have contributed
to Iran’s efforts to acquire, develop, or produce bal-
listic missiles.
(b) WRITTEN JUSTIFICATION.—The determination
and report of the President under subsection (a) shall in-
clude a written justification describing in detail—
(1) the credible information indicating that the
person transferred or attempted to transfer goods or
technology, or provided or attempted to provide tech-
nical assistance or facilities to Iran;
(2) the additional information which persuaded
the President that the person did not transfer or at-
tempt to transfer goods or technology, or provide or
attempt to provide technical assistance or facilities
to Iran; and
(3) the analysis of the information supporting
the President’s conclusion.
(c) SUBMISSION IN CLASSIFIED FORM.—When the
President considers it appropriate, the determination and