I
105TH CONGRESS
1ST SESSION
H. R. 2930
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
NOVEMBER 8, 1997
Mr. GILMAN (for himself, Mr. HORN, Ms. STABENOW, Mr. TALENT, Mr.
SANDLIN, Mr. LAMPSON, Ms. DUNN, Mrs. KELLY, Mr. GEJDENSON, Mr.
WHITFIELD, Mr. FRANK of Massachusetts, Ms. RIVERS, Mr. GOODE, Mr.
DICKEY, Mr. DOYLE, Mr. SKELTON, Mr. BOYD, Mr. MANTON, Mr.
SCARBOROUGH, Mr. WAXMAN, Mr. STRICKLAND, Mr. HALL of Texas,
Mr. FORBES, Mr. POSHARD, Mr. METCALF, Mr. ADAM SMITH of Wash-
ington, Mr. ROGAN, Ms. DANNER, Ms. SANCHEZ, Mrs. FOWLER, Mr.
HOLDEN, Mr. EVANS, Mr. MCCRERY, Ms. DEGETTE, Mr. UPTON, Mr.
FILNER, Mr. ALLEN, Mr. WATTS of Oklahoma, Mr. MCINTOSH, Mr.
BENTSEN, Mr. CUMMINGS, Mr. STOKES, Mr. SAWYER, Mr. DIAZ-
BALART, Mr. COBLE, Mr. CLYBURN, Mr. MCINNIS, Mr. BLUMENAUER,
Mr. STUMP, Mr. HUNTER, Mr. HOBSON, Mr. LEVIN, Mr. MCDADE, Mr.
TURNER, Mr. HASTINGS of Washington, Mr. GIBBONS, Ms. FURSE, Mr.
JOHN, Mrs. TAUSCHER, Mr. ADERHOLT, Ms. LOFGREN, Mr. MILLER of
Florida, Mr. LANTOS, Mr. WHITE, Mr. WICKER, Mr. LINDER, Mr.
KLECZKA, Mr. STEARNS, Mrs. LINDA SMITH of Washington, Mr.
MCCOLLUM, Mr. BRADY, Mr. BLILEY, Mr. BASS, Mr. PAXON, Mr.
SOUDER, Mr. KENNEDY of Massachusetts, Mr. CONDIT, Mr. BUNNING of
Kentucky, Mr. RYUN, Mr. CRAPO, Mr. CRAMER, Mr. RUSH, Mr. NEY,
Mr. DELAHUNT, Ms. ROYBAL-ALLARD, Mr. CHRISTENSEN, Mr. TAYLOR
of North Carolina, Mr. HULSHOF, Ms. PRYCE of Ohio, Ms. JACKSON-LEE
of Texas, Mr. SHIMKUS, Mr. SCOTT, Mr. YATES, Mr. PORTMAN, Mr. EN-
SIGN, Mr. RIGGS, Mr. BRYANT, Mr. NUSSLE, Mrs. MCCARTHY of New
York, Mr. TIERNEY, Mr. INGLIS of South Carolina, Mr. DAVIS of Vir-
ginia, Mr. BARCIA, Mr. KINGSTON, Mr. HINCHEY, Mr. GOODLATTE, Mr.
FOSSELLA, Mr. LAHOOD, Ms. ESHOO, Mr. TIAHRT, Mr. MATSUI, Ms.
SLAUGHTER, Mrs. MYRICK, Mr. LEWIS of Kentucky, Mr. MCDERMOTT,
Mr. ANDREWS, Mr. RADANOVICH, Mr. SABO, Mr. COOK, Mr. PICKETT,
Mr. GEKAS, and Mr. STENHOLM) introduced the following bill; which was
referred 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
(b), submit to the Committee on International Relations
of the House of Representatives and the Committee on
Foreign Relations of the Senate a report identifying every
foreign person with respect to whom there is credible in-
formation indicating that that person, on or after August
8, 1995—
(1)(A) transferred items on the MTCR Annex,
or items that the United States proposes for addi-
tion to the MTCR Annex, that contributed to Iran’s
efforts to acquire, develop, or produce ballistic mis-
siles, or
(B) provided technical assistance or facilities
which the President deems to be of concern because
of their direct contribution to Iran’s efforts to ac-
quire, develop, or produce ballistic missiles; or
(2)(A) attempted to transfer items on the
MTCR Annex, or items that the United States pro-
poses for addition to the MTCR Annex, that would
have contributed to Iran’s efforts to acquire, de-
velop, or produce ballistic missiles, or
(B) attempted to provide technical assistance or
facilities which the President deems to be of concern
because of their direct contribution to Iran’s efforts
to acquire, develop, or produce ballistic missiles.
(b) TIMING OF REPORTS.—The reports under sub-
section (a) shall be submitted not later than 30 days after
the date of the enactment of this Act, not later than 180
days after such date of enactment, not later than 1 year
after such date of enactment, and not later than the end
of each 1-year period thereafter.
(c) EXCEPTIONS.—Any foreign person who—
(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,
(3) may have engaged in a transfer or trans-
action, or made an attempt, that was the subject of
a waiver under section 4, or
(4) has engaged in a transfer or transaction, or
made an attempt, on behalf of, or in concert with,
the Government of the United States,
is not required to be identified on account of that same
transfer, transaction, or attempt in any report submitted
thereafter under this section.
(d) SUBMISSION IN CLASSIFIED FORM.—When the
President considers it appropriate, reports submitted
under subsection (a), or appropriate parts thereof, may
be submitted in classified form.
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 foreign person identified under
subsection (a)(1) of section 2 in a report sub-
mitted under that section, and
(B) any foreign person identified under
subsection (a)(2) of section 2 in a report sub-
mitted under that section, if that person has
been identified in that report or a previous re-
port as having made at least 1 other attempt
described in subsection (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 to that person of any goods or
technology on the control list established under sec-
tion 5(c)(1) of that Act.
(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)(A) transfer items on the MTCR Annex, or
items that the United States proposes for addition
to the MTCR Annex, that contributed to Iran’s ef-
forts to acquire, develop, or produce ballistic mis-
siles, or
(B) provide technical assistance or facilities
which the President deems to be of concern because
of their direct contribution to Iran’s efforts to ac-
quire, develop, or produce ballistic missiles; or
(2) attempt on more than one occasion—
(A) to transfer items on the MTCR Annex,
or items that the United States proposes for
addition to the MTCR Annex, that would have
contributed to Iran’s efforts to acquire, develop,
or produce ballistic missiles, or
(B) to provide technical assistance or fa-
cilities described in paragraph (1)(B).
(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—
(A) transferred items described in section
2(a)(1)(A), or provided technical assistance or
facilities described in section 2(a)(1)(B); or
(B) attempted to transfer items described
in section 2(a)(1)(A), or attempted to provide
technical assistance or facilities described in
section 2(a)(1)(B);
(2) the additional information which persuaded
the President that the person did not—
(A) transfer items described in section
2(a)(1)(A), or provide technical assistance or
facilities described in section 2(a)(1)(B); or
(B) attempt to transfer items described in
section 2(a)(1)(A), or attempt to provide tech-
nical assistance or facilities described in section
2(a)(1)(B); 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
report of the President under subsection (a) and the writ-
ten justification under subsection (b), or appropriate parts
thereof, may be submitted in classified form.
SEC. 5. WAIVER ON BASIS OF NATIONAL SECURITY.
(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 such waiver is essential to the national security of
the United States.
(b) WRITTEN JUSTIFICATION.—The determination
and report of the President under subsection (a) shall in-
clude a written justification describing in detail the facts
and circumstances supporting the President’s conclusion.
(c) SUBMISSION IN CLASSIFIED FORM.—When the
President considers it appropriate, the determination and
report of the President under subsection (a) and the writ-
ten justification under subsection (b), or appropriate parts
thereof, may be submitted in classified form.
SEC. 6. ADDITIONAL INFORMATION REGARDING ACTIONS
BY GOVERNMENT OF PRIMARY JURISDIC-
TION.
As part of each report submitted under section 2, the
President shall include the following information with re-
spect to each foreign person identified in that report:
(1) A statement regarding whether the govern-
ment of primary jurisdiction over that person was
aware of the activities that were the basis for the
identification of that person in the report.
(2) If the government of primary jurisdiction
was not aware of the activities that were the basis
for the identification of that person in the report, an
explanation of the reasons why the United States
Government did not inform that government of those
activities.
(3) If the government of primary jurisdiction
was aware of the activities that were the basis for
the identification of that person in the report, a de-
scription of the efforts, if any, undertaken by that
government to prevent those activities, and an as-
sessment of the effectiveness of those efforts, includ-
ing an explanation of why those efforts failed.
(4) If the government of primary jurisdiction
was aware of the activities that were the basis for
the identification of that person in the report and
failed to undertake effective efforts to prevent those
activities, a description of any sanctions that have
been imposed on that government by the United
States Government because of such failure.
SEC. 7. PURCHASE OF WEAPONS TECHNOLOGY.
(a) SENSE OF THE CONGRESS.—It is the sense of the
Congress that the President should exercise the authority
granted to him under section 504 of the Freedom for Rus-
sia and Emerging Eurasian Democracies and Open Mar-
kets Support Act of 1992 (22 U.S.C. 5854)—
(1) to prevent the transfer of weapons-related
material and delivery systems to Iran through the
purchase, barter, or other acquisition of such mate-
rial and delivery systems; and
(2) to prevent the transfer to Iran of scientific
and technical expertise with respect to such weap-
ons-related material and delivery systems.
(b) AVAILABILITY OF AMOUNTS.—Amounts hereafter
made available, subject to the availability of appropria-
tions, to carry out chapter 11 of part I of the Foreign
Assistance Act of 1961 (22 U.S.C. 2295 et seq.; relating
to assistance for the independent states of the former So-
viet Union) may be used to carry out subsection (a).
SEC. 8. DEFINITIONS.
For the purposes of this Act—
(1) the terms ‘‘foreign person’’ and ‘‘person’’
mean—
(A) a natural person that is an alien;
(B) a corporation, business association,
partnership, society, trust, or any other non-
governmental entity, organization, or group,
that is organized under the laws of a foreign
country or has its principal place of business in
a foreign country;
(C) any foreign governmental entity oper-
ating as a business enterprise; and
(D) any successor or subsidiary of any en-
tity described in subparagraph (B) or (C);
(2) the term ‘‘government of primary jurisdic-
tion’’ means—
(A) in the case of a natural person, the
foreign government of the country of which the
person is a citizen or national;
(B) in the case of an entity described in
subparagraph (B) of paragraph (1), the foreign
government of the country in which the entity
has its principal place of business, or the for-
eign government under whose laws that entity
is organized; and
(C) in the case of a foreign governmental
entity described in subparagraph (C) of para-
graph (1), the foreign government of which that
entity is a part; and
(3) the term ‘‘MTCR Annex’’ has the meaning
given that term in section 11B(c)(4) of the Export
Administration 
Act 
of 
1979 
(50 
U.S.C.
2410b(c)(4)).
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