415 
(1) the name of the country or organization 
proposing to make such retransfer; 
(2) a description of such article or service pro-
posed to be retransferred, including its acquisition 
cost; 
(3) the name of the proposed recipient of such 
article or service; 
(4) the reasons for such proposed retransfer; 
and 
(5) the date on which such retransfer is pro-
posed to be made. 
(b) FORM.—Any certification submitted to the appro-
priate congressional committees pursuant to paragraph 
(1)— 
(1) shall be submitted in unclassified form, ex-
cept that information regarding the dollar value and 
number of defense articles or defense services pro-
posed to be retransferred may be submitted in clas-
sified form if public disclosure thereof would be 
clearly detrimental to the security of the United 
States; and 
(2) shall be subject to the requirements of sec-
tions 4384. 
(c) EXCEPTION.—Paragraph (1) shall not apply to 
an export that has been exempted from the licensing re-
VerDate Mar 15 2010 
22:23 Apr 26, 2013
Jkt 029200
PO 00000
Frm 00415
Fmt 6652
Sfmt 6201
E:\BILLS\H1793.IH
H1793
tkelley on DSK3SPTVN1PROD with BILLS
416 
quirements of this title pursuant to an agreement pursu-
ant to section 4341. 
CHAPTER 5—ENFORCEMENT AND 
MONITORING OF ARMS SALES 
SEC. 4371. GENERAL AUTHORITY. 
(a) IN GENERAL.—Except as provided in subsection 
(b), in carrying out functions under this Act with respect 
to the export of defense articles and defense services, the 
President is authorized to exercise the same powers con-
cerning violations and enforcement that are conferred 
upon departments, agencies and officials by subsections 
(c), (d), (e), and (g) of section 11 of the Export Adminis-
tration Act of 1979 and by subsections (a) and (c) of sec-
tion 12 of such Act (as continued in effect under the Inter-
national Emergency Economic Powers Act), subject to the 
same terms and conditions as are applicable to such pow-
ers under such Act. 
(b) EXCEPTION.—Section 11(c)(2)(B) of the Export 
Administration Act of 1979 (as continued in effect under 
the International Emergency Economic Powers Act) shall 
not apply, and instead, as prescribed in regulations issued 
under this section, the Secretary may assess civil penalties 
for violations of this Act and regulations prescribed there-
under and further may commence a civil action to recover 
such civil penalties, and except further that the names of 
VerDate Mar 15 2010 
22:23 Apr 26, 2013
Jkt 029200
PO 00000
Frm 00416
Fmt 6652
Sfmt 6201
E:\BILLS\H1793.IH
H1793
tkelley on DSK3SPTVN1PROD with BILLS
417 
the countries and the types and quantities of defense arti-
cles for which licenses are issued under this section shall 
not be withheld from public disclosure unless the Presi-
dent determines that the release of such information would 
be contrary to the national interest. 
(c) RULE OF CONSTRUCTION.—Nothing in this sec-
tion shall be construed as authorizing the withholding of 
information from Congress. 
SEC. 4372. CRIMINAL AND CIVIL PENALTIES. 
(a) IN GENERAL.—Any person who willfully violates 
any provision of this Act relating to the export of defense 
articles and defense services, or any rule or regulation 
issued thereunder, or who willfully, in a registration or li-
cense application or required report, makes any untrue 
statement of a material fact or omits to state a material 
fact required to be stated therein or necessary to make 
the statements therein not misleading, shall upon convic-
tion be fined for each violation not more than $1,000,000, 
or imprisoned not more than 20 years, or both. 
(b) ILLICIT TRAFFICKING IN THE WESTERN HEMI-
SPHERE.—Any person who willfully exports to a country 
in the Western Hemisphere any small arm or light weapon 
without a license in violation of the requirements of this 
Act shall upon conviction be fined for each violation not 
VerDate Mar 15 2010 
22:23 Apr 26, 2013
Jkt 029200
PO 00000
Frm 00417
Fmt 6652
Sfmt 6201
E:\BILLS\H1793.IH
H1793
tkelley on DSK3SPTVN1PROD with BILLS
418 
less than $1,000,000 but not more than $3,000,000 and 
imprisoned for not more than 20 years, or both. 
SEC. 4373. IDENTIFICATION OF PERSONS OF CONCERN. 
(a) IN GENERAL.—The President shall develop ap-
propriate mechanisms to identify, in connection with the 
export licensing process under this subtitle— 
(1) persons who are the subject of an indict-
ment for, or have been convicted of, a violation 
under— 
(A) section 4372; 
(B) section 11 of the Export Administra-
tion Act of 1979 (50 U.S.C. App. 2410) (as 
continued in effect under the International 
Emergency Economic Powers Act); 
(C) section 793, 794, or 798 of title 18, 
United States Code (relating to espionage in-
volving defense or classified information) or sec-
tion 2339A of such title (relating to providing 
material support to terrorists); 
(D) section 16 of the Trading with the 
Enemy Act (50 U.S.C. App. 16); 
(E) section 206 of the International Emer-
gency Economic Powers Act (relating to foreign 
assets controls; 50 U.S.C. App. 1705); 
VerDate Mar 15 2010 
22:23 Apr 26, 2013
Jkt 029200
PO 00000
Frm 00418
Fmt 6652
Sfmt 6201
E:\BILLS\H1793.IH
H1793
tkelley on DSK3SPTVN1PROD with BILLS
419 
(F) section 30A of the Securities Exchange 
Act of 1934 (15 U.S.C. 78dd1) or section 104 
of the Foreign Corrupt Practices Act (15 
U.S.C. 78dd2); 
(G) chapter 105 of title 18, United States 
Code (relating to sabotage); 
(H) section 4(b) of the Internal Security 
Act of 1950 (relating to communication of clas-
sified information; 50 U.S.C. 783(b)); 
(I) section 57, 92, 101, 104, 222, 224, 
225, or 226 of the Atomic Energy Act of 1954 
(42 U.S.C. 2077, 2122, 2131, 2134, 2272, 
2274, 2275, and 2276); 
(J) section 601 of the National Security 
Act of 1947 (relating to intelligence identities 
protection; 50 U.S.C. 421); 
(K) section 603(b) or (c) of the Com-
prehensive Anti-Apartheid Act of 1986 (22 
U.S.C. 5113(b) or (c)); or 
(L) section 3, 4, 5, and 6 of the Preven-
tion of Terrorist Access to Destructive Weapons 
Act of 2004, relating to missile systems de-
signed to destroy aircraft (18 U.S.C. 2332g), 
prohibitions governing atomic weapons (42 
U.S.C. 2122), radiological dispersal devices (18 
VerDate Mar 15 2010 
22:23 Apr 26, 2013
Jkt 029200
PO 00000
Frm 00419
Fmt 6652
Sfmt 6201
E:\BILLS\H1793.IH
H1793
tkelley on DSK3SPTVN1PROD with BILLS