212
effect. Any such proceedings, and any action on such
application, shall continue under the Export Admin-
istration Act of 1979 as if that Act had not been re-
pealed.
(2) OTHER
PROVISIONS
OF
LAW.—This title
shall not affect any administrative or judicial pro-
ceedings commenced or any application for a license
made, under those provisions of the Arms Export
Control Act which are amended by section 111 or
119, if such proceedings or application is pending at
the time this title takes effect. Any such proceed-
ings, and any action on such application, shall con-
tinue under those provisions as if those provisions
had not been amended by section 111 or 119.
(c) TREATMENT OF CERTAIN DETERMINATIONS.—
Any determination with respect to the government of a
foreign country under section 6(j) of the Export Adminis-
tration Act of 1979, that is in effect at the time this title
takes effect, shall, for purposes of this title or any other
provision of law, be deemed to be made under section
106(i) of this Act until superseded by a determination
under such section 106(i).
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TITLE II—NUCLEAR
PROLIFERATION PREVENTION
SEC. 201. CONFORMING AMENDMENT RELATING TO PROVI-
SIONS OF THE NUCLEAR PROLIFERATION
PREVENTION ACT OF 1994.
Section 102(b)(2)(G) of the Arms Export Control Act
(22 U.S.C. 2799aa–1(b)(2)(G)) is amended by striking
‘‘section 6 of the Export Administration Act of 1979’’ and
inserting ‘‘section 105 or 106 of the Export Administra-
tion Act of 1997’’.
SEC. 202. SEEKING MULTILATERAL SUPPORT FOR UNILAT-
ERAL SANCTIONS.
The Secretary of State, in consultation with appro-
priate departments and agencies, shall seek the support
of other countries for sanctions imposed under the Nuclear
Proliferation Prevention Act of 1994 or the amendments
made by that Act.
SEC. 203. SANCTIONS UNDER THE NUCLEAR PROLIFERA-
TION PREVENTION ACT OF 1994.
Section 102(b)(2) of the Arms Export Control Act
(22 U.S.C. 2799aa–1(b)(2)) is amended—
(1) in subparagraph (D) by striking ‘‘shall not
apply—’’ and all that follows through the end of
clause (ii) and inserting ‘‘shall not apply to humani-
tarian assistance.’’;
214
(2) in subparagraph (G) by striking ‘‘, except
that’’ and all that follows through the end of the
subparagraph and inserting a period; and
(3) by adding at the end the following:
‘‘(H)(i) The President shall prohibit the impor-
tation into the United States of specific products
produced in that country by persons who have en-
gaged in the activities described in paragraph (1)
that were the basis of the President’s determination
under such paragraph.
‘‘(ii) In the event that it is not possible to iden-
tify the persons who have engaged in the activities
described in paragraph (1) that were the basis of the
President’s determination under such paragraph, the
President shall prohibit the importation into the
United States of products produced in that country
by those persons that the President shall designate
as most closely identified with those activities.
‘‘(iii) For purposes of this subparagraph, the
term ‘person’ means—
‘‘(I) a natural person;
‘‘(II) a corporation, business association,
partnership, society, or trust, or any other non-
governmental entity, organization, or group;
215
‘‘(III) a governmental entity operating as a
business enterprise;
‘‘(IV) a division or office of a governmental
department; or
‘‘(V) a military unit or successor to such
unit.
‘‘(iv) The prohibition on imports imposed under
this subparagraph shall be in addition to any other
prohibition on imports in effect before the Presi-
dent’s determination under paragraph (1) is made.
The prohibitions contained in subparagraphs (D), (G),
and (H) shall not apply to any transaction subject to the
reporting requirements of title V of the National Security
Act of 1947.’’.
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