IIB 
112TH CONGRESS 
1ST SESSION H. R. 2105 
IN THE SENATE OF THE UNITED STATES 
DECEMBER 14, 2011 
Received; read twice and referred to the Committee on Foreign Relations 
AN ACT 
To provide for the application of measures to foreign persons 
who transfer to Iran, North Korea, and Syria certain 
goods, services, or technology, and for other purposes. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
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SECTION 1. SHORT TITLE AND TABLE OF CONTENTS. 
(a) SHORT TITLE.—This Act may be cited as the 
‘‘Iran, North Korea, and Syria Nonproliferation Reform 
and Modernization Act of 2011’’. 
(b) TABLE OF CONTENTS.—The table of contents for 
this Act is as follows: 
Sec. 1. Short title and table of contents. 
Sec. 2. Statement of policy. 
Sec. 3. Reports on proliferation relating to Iran, North Korea, and Syria. 
Sec. 4. Application of measures to certain foreign persons. 
Sec. 5. Determination exempting a foreign person from the application of cer-
tain measures. 
Sec. 6. Restrictions on nuclear cooperation with countries aiding proliferation 
by Iran, North Korea, or Syria. 
Sec. 7. Identification of countries that enable proliferation to or from Iran, 
North Korea, or Syria. 
Sec. 8. Prohibition on United States assistance to countries assisting prolifera-
tion activities by Iran, North Korea, or Syria. 
Sec. 9. Restriction on extraordinary payments in connection with the Inter-
national Space Station. 
Sec. 10. Exclusion from the United States of senior officials of foreign persons 
who have aided proliferation relating to Iran. 
Sec. 11. Prohibition on certain vessels landing in the United States; enhanced 
inspections. 
Sec. 12. Sanctions with respect to critical defense resources provided to or ac-
quired from Iran, North Korea, or Syria. 
Sec. 13. Definitions. 
Sec. 14. Repeal of Iran, North Korea, and Syria Nonproliferation Act. 
SEC. 2. STATEMENT OF POLICY. 
It shall be the policy of the United States to fully 
implement and enforce sanctions against Iran, North 
Korea, and Syria for their proliferation activities and poli-
cies. 
SEC. 3. REPORTS ON PROLIFERATION RELATING TO IRAN, 
NORTH KOREA, AND SYRIA. 
(a) REPORTS.—Not later than 90 days after the date 
of the enactment of this Act and every 120 days there-
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after, the President shall transmit to the appropriate con-
gressional committees a report identifying every foreign 
person with respect to whom there is credible information 
indicating that such person— 
(1) on or after January 1, 1999, transferred to 
or acquired from Iran, on or after January 1, 2005, 
transferred to or acquired from Syria, or on or after 
January 1, 2006, transferred to or acquired from 
North Korea— 
(A) goods, services, or technology listed 
on— 
(i) the Nuclear Suppliers Group 
Guidelines for the Export of Nuclear Mate-
rial, Equipment and Technology (published 
by the International Atomic Energy Agen-
cy as Information Circular INFCIRC/254/ 
Rev. 3/Part 1, and subsequent revisions) 
and Guidelines for Transfers of Nuclear- 
Related Dual-Use Equipment, Material, 
and Related Technology (published by the 
International Atomic Energy Agency as In-
formation Circular INFCIRC/254/Rev. 3/ 
Part 2, and subsequent revisions); 
(ii) the Missile Technology Control 
Regime Equipment and Technology Annex 
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of June 11, 1996, and subsequent revi-
sions; 
(iii) the lists of items and substances 
relating to biological and chemical weapons 
the export of which is controlled by the 
Australia Group; 
(iv) the Schedule One or Schedule 
Two list of toxic chemicals and precursors 
the export of which is controlled pursuant 
to the Convention on the Prohibition of the 
Development, Production, Stockpiling and 
Use of Chemical Weapons and on Their 
Destruction; or 
(v) the Wassenaar Arrangement list of 
Dual Use Goods and Technologies and 
Munitions list of July 12, 1996, and subse-
quent revisions; or 
(B) goods, services, or technology not list-
ed on any list specified in subparagraph (A) but 
which nevertheless would be, if such goods, 
services, or technology were United States 
goods, services, or technology, prohibited for ex-
port to Iran, North Korea, or Syria, as the case 
may be, because of the potential of such goods, 
services or technology to make a material con-
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tribution to the development of nuclear, biologi-
cal, or chemical weapons, or of ballistic or 
cruise missile systems or destabilizing types and 
amounts of conventional weapons; 
(2) except as provided in subsection (b), on or 
after the date of the enactment of this Act, acquired 
materials mined or otherwise extracted within the 
territory or control of Iran, North Korea, or Syria, 
as the case may be, for purposes relating to the nu-
clear, biological, or chemical weapons, or ballistic or 
cruise missile development programs of Iran, North 
Korea, or Syria, as the case may be; 
(3) on or after the date of the enactment of this 
Act, transferred to Iran, Syria, or North Korea 
goods, services, or technology that could assist ef-
forts to extract or mill uranium ore within the terri-
tory or control of Iran, North Korea, or Syria, as 
the case may be; 
(4) on or after the date of the enactment of this 
Act, provided to Iran, Syria, or North Korea desta-
bilizing types and amounts of conventional weapons 
and technical assistance; or 
(5) on or after the date of the enactment of this 
Act, provided a vessel, insurance or reinsurance, or 
any other shipping service for the transportation of 
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goods to or from Iran, North Korea, or Syria for 
purposes relating to the nuclear, biological, or chem-
ical weapons, or ballistic or cruise missile develop-
ment programs of Iran, North Korea, or Syria, as 
the case may be. 
(b) EXCEPTIONS.—Any foreign person who— 
(1) was identified in a report transmitted in ac-
cordance with subsection (a) on account of a par-
ticular transfer, or 
(2) has engaged in a transfer on behalf of, or 
in concert with, the Government of the United 
States, 
shall not be identified on account of that same transfer 
in any report submitted thereafter under this section, ex-
cept to the degree that new information has emerged indi-
cating that the particular transfer at issue may have con-
tinued, or been larger, more significant, or different in na-
ture than previously reported under this section. 
(c) TRANSMISSION
IN CLASSIFIED FORM.—If the 
President considers it appropriate, reports transmitted in 
accordance with subsection (a), or appropriate parts there-
of, may be transmitted in classified form. 
(d) CONTENT OF REPORTS.—Each report required 
under subsection (a) shall contain, with respect to each 
foreign person identified in each such report, a brief de-
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scription of the type and quantity of the goods, services, 
or technology transferred by such person to Iran, North 
Korea, or Syria, the circumstances surrounding such 
transfer, the usefulness to the nuclear, biological, or chem-
ical weapons, or ballistic or cruise missile development 
programs of Iran, North Korea, or Syria of such transfer, 
and the probable awareness or lack thereof of the transfer 
on the part of the government with primary jurisdiction 
over such person. 
(e) ADDITIONAL CONTENTS OF REPORTS.—Each re-
port under subsection (a) shall contain a description, with 
respect the transfer or acquisition of the goods, services, 
or technology described in such subsection, of the actions 
taken by foreign governments to assist in interdicting such 
transfer or acquisition. 
(f) EXPEDITING SANCTIONS FOR NUCLEAR, CHEM-
ICAL, BIOLOGICAL AND MISSILE PROLIFERATION TRANS-
FERS TO IRAN.— 
(1) IN
GENERAL.—Notwithstanding the re-
quirement to submit the report under subsection (a), 
the President shall establish a process to assess in-
formation in the possession of the President on an 
ongoing basis regarding possible transfers to Iran of 
goods, services, or technology relating to nuclear, 
chemical, or biological weapons or ballistic missiles 
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in accordance with the requirements of subsection 
(a). 
(2) APPLICATION OF SANCTIONS.—Upon a de-
termination of the President that credible informa-
tion exists that a transfer described in paragraph 
(1) has occurred, the President shall apply the sanc-
tions to the foreign person that made the transfer 
in accordance with the requirements of section 4 of 
this Act. 
(g) REQUIREMENT FOR PLAN TO EXPEDITE IMPLE-
MENTATION OF REPORTING AND SANCTIONS.—Not later 
than 180 days after the date of the enactment of this Act, 
the President shall transmit to the appropriate congres-
sional committees a plan, to include any necessary legisla-
tion, to expedite the implementation of this Act with re-
gard to the reports required under subsection (a) and the 
sanctions under section 4 of this Act. 
SEC. 4. APPLICATION OF MEASURES TO CERTAIN FOREIGN 
PERSONS. 
(a) APPLICATION OF MEASURES.— 
(1) IN
GENERAL.—Subject to section 5, the 
President shall apply, for a period of not less than 
two years, the measures specified in subsection (b) 
with respect to each foreign person identified in a 
report transmitted under section 3(a). 
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(2) RELATED PERSONS.—Subject to section 5, 
the President may apply, for a period of not less 
than two years, the measures specified in subsection 
(b) with respect to one or more of the following: 
(A) Each person that is a successor, 
subunit, or subsidiary of a foreign person re-
ferred to in paragraph (1). 
(B) Each person that owns more than 50 
percent of, or controls in fact— 
(i) a foreign person referred to in 
paragraph (1); or 
(ii) a person described in subpara-
graph (A). 
(b) DESCRIPTION OF MEASURES.—The measures re-
ferred to in subsection (a) are the following: 
(1) EXECUTIVE ORDER 12938 PROHIBITIONS.— 
The measures specified in the first sentence of sub-
section (b) and subsections (c) and (d) of section 4 
of Executive Order 12938 (50 U.S.C. 1701 note; re-
lating to proliferation of weapons of mass destruc-
tion) prohibiting any department or agency of the 
United States Government from procuring, or enter-
ing into any contract for the procurement of, any 
goods or services from any foreign person described 
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in subsection (a) of section 4 of Executive Order 
12938. 
(2) ARMS EXPORT PROHIBITION.—Prohibition 
on United States Government sales to a person de-
scribed in subsection (a) of any item on the United 
States Munitions List and termination of sales to 
such person of any defense articles, defense services, 
or design and construction services under the Arms 
Export Control Act (22 U.S.C. 2751 et seq.). 
(3) DUAL USE EXPORT PROHIBITION.—Denial 
of licenses and suspension of existing licenses for the 
transfer to a person described in subsection (a) of 
items the export of which is controlled under the Ex-
port Administration Act of 1979 (50 U.S.C. App. 
2401 et seq.), as in effect pursuant to the Inter-
national Emergency Economic Powers Act, or the 
Export Administration Regulations. 
(4) INVESTMENT PROHIBITION.—Prohibition on 
any investment by a United States person in prop-
erty, including entities, owned or controlled by a per-
son described in subsection (a). 
(5) FINANCING PROHIBITION.—Prohibition on 
any approval, financing, or guarantee by a United 
States person, wherever located, of a transaction by 
a person described in subsection (a). 
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(6) FINANCIAL ASSISTANCE PROHIBITION.—De-
nial by the United States Government of any credit, 
credit guarantees, grants, or other financial assist-
ance by any agency of the United States Govern-
ment to a person described in subsection (a). 
(c) EFFECTIVE DATE.—Measures applied pursuant 
to subsection (a) shall be effective with respect to a foreign 
person no later than— 
(1) 90 days after the report identifying the for-
eign person is submitted, if the report is submitted 
on or before the date required by section 3(a); 
(2) 90 days after the date required by section 
3(a) for submitting the report, if the report identi-
fying the foreign person is submitted within 60 days 
after that date; or 
(3) on the date that the report identifying the 
foreign person is submitted, if that report is sub-
mitted more than 60 days after the date required by 
section 3(a). 
(d) PUBLICATION IN FEDERAL REGISTER.— 
(1) IN GENERAL.—The Secretary of the Treas-
ury shall publish in the Federal Register notice of 
the application against a person of measures pursu-
ant to subsection (a). 
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(2) CONTENT.—Each notice published in ac-
cordance with paragraph (1) shall include the name 
and address (where known) of each person to which 
measures have been applied pursuant to subsection 
(a). 
SEC. 5. DETERMINATION EXEMPTING A FOREIGN PERSON 
FROM THE APPLICATION OF CERTAIN MEAS-
URES. 
(a) IN GENERAL.—The application of any measure 
described in section 4(b) to a person described in section 
4(a) shall cease to be effective beginning 15 days after 
the date on which the President determines and certifies 
to the appropriate congressional committees, on the basis 
of information provided by such person or otherwise ob-
tained by the President, that— 
(1) in the case of a transfer or acquisition of 
goods, services, or technology described in section 
3(a)(1)— 
(A) such person did not, on or after Janu-
ary 1, 1999, knowingly transfer to or acquire 
from Iran, North Korea, or Syria, as the case 
may be, such goods, services, or technology the 
apparent transfer of which caused such person 
to be identified in a report submitted pursuant 
to section 3(a); 
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(B) the goods, services, or technology the 
transfer of which caused such person to be 
identified in a report submitted pursuant to 
section 3(a) did not contribute to the efforts of 
Iran, North Korea, or Syria, as the case may 
be, to develop— 
(i) nuclear, biological, or chemical 
weapons, or ballistic or cruise missile sys-
tems, or weapons listed on the Wassenaar 
Arrangement Munitions List of July 12, 
1996, or any subsequent revision of such 
List; or 
(ii) destabilizing types or amounts of 
conventional weapons or acquire technical 
assistance; 
(C) such person is subject to the primary 
jurisdiction of a government that is an adherent 
to one or more relevant nonproliferation re-
gimes, such person was identified in a report 
submitted pursuant to section 3(a) with respect 
to a transfer of goods, services, or technology 
described in section 3(a)(1)(A), and such trans-
fer was made in accordance with the guidelines 
and parameters of all such relevant regimes of 
which such government is an adherent; or 
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(D) the government with primary jurisdic-
tion over such person has imposed meaningful 
penalties on such person on account of the 
transfer of such goods, services, or technology 
that caused such person to be identified in a re-
port submitted pursuant to section 3(a); 
(2) in the case of an acquisition of materials 
mined or otherwise extracted within the territory of 
Iran, North Korea, or Syria, as the case may be, de-
scribed in section 3(a)(2) for purposes relating to 
the nuclear, biological, or chemical weapons, or bal-
listic or cruise missile development programs of 
Iran, North Korea, or Syria, as the case may be, 
such person did not acquire such materials; or 
(3) in the case of the provision of a vessel, in-
surance or reinsurance, or another shipping service 
for the transportation of goods to or from Iran, 
North Korea, or Syria, as the case may be, described 
in section 3(a)(3) for purposes relating to the nu-
clear, biological, or chemical weapons, or ballistic or 
cruise missile development programs of Iran, North 
Korea, or Syria, as the case may be, such person did 
not provide such a vessel or service. 
(b) OPPORTUNITY TO PROVIDE INFORMATION.— 
Congress urges the President— 
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(1) in every appropriate case, to contact in a 
timely fashion each person described in section 3(a), 
or the government with primary jurisdiction over 
such person, in order to afford such person, or such 
government, the opportunity to provide explanatory, 
exculpatory, or other additional information with re-
spect to the transfer that caused such person to be 
identified in a report submitted pursuant to section 
3(a); and 
(2) to exercise the authority described in sub-
section (a) in all cases in which information obtained 
from each person described in section 3(a), or from 
the government with primary jurisdiction over such 
person, establishes that the exercise of such author-
ity is warranted. 
(c) FORM OF TRANSMISSION.— 
(1) IN GENERAL.—Except as provided in para-
graph (2), the determination and report of the 
President under subsection (a) shall be transmitted 
in unclassified form. 
(2) EXCEPTION.—The determination and report 
of the President under subsection (a) may be trans-
mitted in classified form if the President certifies to 
the appropriate congressional committees that it is 
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vital to the national security interests of the United 
States to do so. 
SEC. 6. RESTRICTIONS ON NUCLEAR COOPERATION WITH 
COUNTRIES 
AIDING 
PROLIFERATION 
BY 
IRAN, NORTH KOREA, OR SYRIA. 
(a) IN GENERAL.— 
(1) RESTRICTIONS.—Notwithstanding any other 
provision of law, on or after the date of the enact-
ment of this Act— 
(A) no agreement for cooperation between 
the United States and the government of any 
country that is assisting the nuclear program of 
Iran, North Korea, or Syria, or transferring ad-
vanced conventional weapons or missiles to 
Iran, North Korea, or Syria may be submitted 
to the President or to Congress pursuant to 
section 123 of the Atomic Energy Act of 1954 
(42 U.S.C. 2153), 
(B) no such agreement may enter into 
force with respect to such country, 
(C) no license may be issued for export di-
rectly or indirectly to such country of any nu-
clear material, facilities, components, or other 
goods, services, or technology that would be 
subject to such agreement, and 
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(D) no approval may be given for the 
transfer or retransfer directly or indirectly to 
such country of any nuclear material, facilities, 
components, or other goods, services, or tech-
nology that would be subject to such agreement, 
until the President makes the determination and re-
port under paragraph (2). 
(2) DETERMINATION AND REPORT.—The deter-
mination and report referred to in paragraph (1) are 
a determination and report by the President, sub-
mitted to the Committee on Foreign Affairs of the 
House of Representatives and the Committee on 
Foreign Relations of the Senate, that— 
(A) Iran, North Korea, or Syria, as the 
case may, has ceased its efforts to design, de-
velop, or acquire a nuclear explosive device or 
related materials or technology; or 
(B) the government of the country that is 
assisting the nuclear programs of Iran, North 
Korea, or Syria, as the case may be, or trans-
ferring advanced conventional weapons or mis-
siles to Iran, North Korea, or Syria, as the case 
may be— 
(i) has suspended all nuclear assist-
ance to Iran, North Korea, or Syria, as the 
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case may be, and all transfers of advanced 
conventional weapons and missiles to Iran, 
North Korea, or Syria, as the case may be; 
and 
(ii) is committed to maintaining that 
suspension until Iran, North Korea, or 
Syria, as the case may be, has imple-
mented measures that would permit the 
President to make the determination de-
scribed in subparagraph (A). 
(b) RULES OF CONSTRUCTION.—The restrictions de-
scribed in subsection (a)(1)— 
(1) shall apply in addition to all other applica-
ble procedures, requirements, and restrictions de-
scribed in the Atomic Energy Act of 1954 and other 
applicable Acts; 
(2) shall not be construed as affecting the valid-
ity of an agreement for cooperation between the 
United States and the government of a country that 
is in effect on the date of the enactment of this Act; 
and 
(3) shall not be construed as applying to assist-
ance for the Bushehr nuclear reactor, unless such 
assistance is determined by the President to be con-
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tributing to the efforts of Iran to develop nuclear 
weapons. 
(c) DEFINITIONS.—In this section: 
(1) AGREEMENT FOR COOPERATION.—The term 
‘‘agreement for cooperation’’ has the meaning given 
that term in section 11 b. of the Atomic Energy Act 
of 1954 (42 U.S.C. 2014 b.). 
(2) ASSISTING
THE
NUCLEAR
PROGRAM
OF 
IRAN, NORTH KOREA, OR SYRIA.—The term ‘‘assist-
ing the nuclear program of Iran, North Korea, or 
Syria’’ means the intentional transfer to Iran, North 
Korea, or Syria by a government, or by a person 
subject to the jurisdiction of a government with the 
knowledge and acquiescence of that government, of 
goods, services, or technology listed on the Nuclear 
Suppliers Group Guidelines for the Export of Nu-
clear Material, Equipment and Technology (pub-
lished by the International Atomic Energy Agency as 
Information Circular INFCIRC/254/Rev. 3/Part 1, 
and subsequent revisions), or the Nuclear Suppliers 
Group Guidelines for Transfers of Nuclear-Related 
Dual-Use Equipment, Material, and Related Tech-
nology (published by the International Atomic En-
ergy Agency as Information Circular INFCIR/254/ 
Rev. 3/Part 2, and subsequent revisions). 
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(3) COUNTRY
THAT
IS
ASSISTING
THE
NU-
CLEAR
PROGRAMS
OF
IRAN, NORTH
KOREA, OR 
SYRIA OR TRANSFERRING ADVANCED CONVENTIONAL 
WEAPONS OR MISSILES TO IRAN, NORTH KOREA, OR 
SYRIA.—The term ‘‘country that is assisting the nu-
clear program of Iran, North Korea, or Syria or 
transferring advanced conventional weapons or mis-
siles to Iran, North Korea, or Syria’’ means any 
country determined by the President to be assisting 
the nuclear program of Iran, North Korea, or Syria 
or transferring advanced conventional weapons or 
missiles to Iran, North Korea, or Syria. 
(4) TRANSFER.—The term ‘‘transfer’’ means 
the conveyance of technological or intellectual prop-
erty, or the conversion of intellectual or technological 
advances into marketable goods, services, or articles 
of value, developed and generated in one place, to 
another through illegal or illicit means to a country, 
the government of which the Secretary of State has 
determined, for purposes of section 6(j)(1)(A) of the 
Export Administration Act of 1979 (as in effect pur-
suant to the International Emergency Economic 
Powers Act; 50 U.S.C. 1701 et seq.), section 40(d) 
of the Arms Export Control Act (22 U.S.C. 
2780(d)), and section 620A of the Foreign Assist-
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ance Act of 1961 (22 U.S.C. 2371), is a government 
that has repeatedly provided support for acts of 
international terrorism. 
(5) TRANSFERRING ADVANCED CONVENTIONAL 
WEAPONS OR MISSILES TO IRAN, NORTH KOREA, OR 
SYRIA.—The term ‘‘transferring advanced conven-
tional weapons or missiles to Iran, North Korea, or 
Syria’’ means the intentional transfer to Iran, North 
Korea, or Syria by a government, or by a person 
subject to the jurisdiction of a government with the 
knowledge and acquiescence of that government, of 
goods, services, or technology listed on— 
(A) the Wassenaar Arrangement list of 
Dual Use Goods and Technologies and Muni-
tions list of July 12, 1996, and subsequent revi-
sions; or 
(B) the Missile Technology Control Regime 
Equipment and Technology Annex of June 11, 
1996, and subsequent revisions. 
SEC. 7. IDENTIFICATION OF COUNTRIES THAT ENABLE 
PROLIFERATION TO OR FROM IRAN, NORTH 
KOREA, OR SYRIA. 
(a) ANNUAL REPORT.—The President shall transmit 
to the appropriate congressional committees and make 
available to the public on an annual basis a report that 
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identifies each foreign country that allows one or more for-
eign persons under the jurisdiction of such country to en-
gage in activities described in section 3 that are 
sanctionable under section 4 despite requests by the 
United States Government to the government of such 
country to prevent such activities. 
(b) FORM.—The report required under subsection (a) 
shall be submitted in unclassified form, but may contain 
a classified annex if necessary. 
SEC. 8. PROHIBITION ON UNITED STATES ASSISTANCE TO 
COUNTRIES ASSISTING PROLIFERATION AC-
TIVITIES BY IRAN, NORTH KOREA, OR SYRIA. 
(a) IN GENERAL.—The President shall prohibit as-
sistance (other than humanitarian assistance) under the 
Foreign Assistance Act of 1961 and shall not issue export 
licenses for defense articles or defense services under the 
Arms Export Control Act to a foreign country the govern-
ment of which the President has received credible informa-
tion is assisting Iran, North Korea, or Syria in the acquisi-
tion, development, or proliferation of weapons of mass de-
struction or ballistic missiles. 
(b) RESUMPTION OF ASSISTANCE.—The President is 
authorized to provide assistance described in subsection 
(a) to a foreign country subject to the prohibition in sub-
section (a) if the President determines and notifies the ap-
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propriate congressional committees that there is credible 
information that the government of the country is no 
longer assisting Iran, North Korea, or Syria in the acqui-
sition, development, or proliferation of weapons of mass 
destruction or ballistic missiles. 
(c) DEFINITION.—In this section, the term ‘‘assist-
ing’’ means providing material or financial support of any 
kind, including purchasing of material, technology or 
equipment from Iran, North Korea, or Syria. 
SEC. 9. RESTRICTION ON EXTRAORDINARY PAYMENTS IN 
CONNECTION 
WITH 
THE 
INTERNATIONAL 
SPACE STATION. 
(a) RESTRICTION.— 
(1) IN GENERAL.—Notwithstanding any other 
provision of law, no agency of the United States 
Government may make extraordinary payments in 
connection with the International Space Station to 
the Russian Aviation and Space Agency, any organi-
zation or entity under the jurisdiction or control of 
the Russian Aviation and Space Agency, or any 
other organization, entity, or element of the Govern-
ment of the Russian Federation, unless, during the 
fiscal year in which such extraordinary payments are 
to be made, the President has made the determina-
tion described in subsection (b), and reported such 
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(D) a determination of the President that 
the waiver is vital to the national interests of 
the United States. 
(b) DETERMINATION
REGARDING
RUSSIAN
CO-
OPERATION IN PREVENTING PROLIFERATION RELATING 
TO IRAN, NORTH KOREA, AND SYRIA.—The determina-
tion referred to in subsection (a) is a determination by 
the President that— 
(1) it is the policy of the Government of the 
Russian Federation (including the law enforcement, 
export promotion, export control, and intelligence 
agencies of such Government) to oppose the pro-
liferation to or from Iran, North Korea, and Syria 
of weapons of mass destruction and missile systems 
capable of delivering such weapons; 
(2) the Government of the Russian Federation 
(including the law enforcement, export promotion, 
export control, and intelligence agencies of such Gov-
ernment) has demonstrated and continues to dem-
onstrate a sustained commitment to seek out and 
prevent the transfer to or from Iran, North Korea, 
and Syria of goods, services, and technology that 
could make a material contribution to the nuclear, 
biological, or chemical weapons, or of ballistic or 
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cruise missile systems development programs of 
Iran; and 
(3) neither the Russian Aviation and Space 
Agency, nor any organization or entity under the ju-
risdiction or control of the Russian Aviation and 
Space Agency, has, during the one-year period end-
ing on the date of the determination under this sub-
section made transfers to or from Iran, North 
Korea, or Syria reportable under section 3(a) (other 
than transfers with respect to which a determination 
pursuant to section 5 has been or will be made). 
(c) PRIOR NOTIFICATION.—Not less than five days 
before making a determination under this section, the 
President shall notify the Committee on Foreign Affairs 
and the Committee on Science, Space, and Technology of 
the House of Representatives and the Committee on For-
eign Relations and the Committee on Commerce, Science, 
and Transportation of the Senate of the President’s inten-
tion to make such a determination. 
(d) WRITTEN JUSTIFICATION.—A determination of 
the President under this section shall include a written 
justification describing in detail the facts and cir-
cumstances supporting the President’s conclusion. 
(e) TRANSMISSION
IN CLASSIFIED FORM.—If the 
President considers it appropriate, a determination of the 
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President under this section, a prior notification under 
subsection (c), and a written justification under subsection 
(d), or appropriate parts thereof, may be transmitted in 
classified form. 
(f) EXCEPTION FOR CREW SAFETY.— 
(1) EXCEPTION.—The National Aeronautics 
and Space Administration may make extraordinary 
payments in connection with the International Space 
Station to the Russian Aviation and Space Agency 
or any organization or entity under the jurisdiction 
or control of the Russian Aviation and Space Agen-
cy, or any subcontractor thereof, that would other-
wise be prohibited under this section if the President 
notifies Congress in writing that such payments are 
necessary to prevent the imminent loss of life of or 
grievous injury to individuals aboard the Inter-
national Space Station. 
(2) REPORT.—Not later than 30 days after no-
tifying Congress that the National Aeronautics and 
Space Administration will make extraordinary pay-
ments under paragraph (1), the President shall 
transmit to Congress a report describing— 
(A) the extent to which the provisions of 
subsection (b) had been met as of the date of 
notification; and 
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(B) the measures that the National Aero-
nautics and Space Administration is taking to 
ensure that— 
(i) the conditions posing a threat of 
imminent loss of life of or grievous injury 
to individuals aboard the International 
Space Station necessitating the extraor-
dinary payments are not repeated; and 
(ii) it is no longer necessary to make 
extraordinary payments in order to prevent 
imminent loss of life of or grievous injury 
to individuals aboard the International 
Space Station. 
(g) SERVICE MODULE EXCEPTION.— 
(1) IN
GENERAL.—The National Aeronautics 
and Space Administration may make extraordinary 
payments in connection with the International Space 
Station to the Russian Aviation and Space Agency, 
any organization or entity under the jurisdiction or 
control of the Russian Aviation and Space Agency, 
or any subcontractor thereof, that would otherwise 
be prohibited under this section for the construction, 
testing, preparation, delivery, launch, or mainte-
nance of the Service Module, and for the purchase 
(at a total cost not to exceed $14,000,000) of the 
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pressure dome for the Interim Control Module and 
the Androgynous Peripheral Docking Adapter and 
related hardware for the United States propulsion 
module, if— 
(A) the President has notified Congress at 
least five days before making such payments; 
(B) no report has been made under section 
3(a) with respect to an activity of the entity to 
receive such payment, and the President has no 
credible information of any activity that would 
require such a report; and 
(C) the United States will receive goods or 
services of value to the United States commen-
surate with the value of the extraordinary pay-
ments made. 
(2) DEFINITION.—For purposes of this sub-
section, the term ‘‘maintenance’’ means activities 
that cannot be performed by the National Aero-
nautics and Space Administration and which must 
be performed in order for the Service Module to pro-
vide environmental control, life support, and orbital 
maintenance functions which cannot be performed 
by an alternative means at the time of payment. 
(3) TERMINATION.—This subsection shall cease 
to be effective on the date that is 60 days after the 
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date on which a United States propulsion module is 
in place at the International Space Station. 
(h) EXCEPTION.—No agency of the United States 
Government may make extraordinary payments in connec-
tion with the International Space Station, or any other 
payments in connection with the International Space Sta-
tion, to any foreign person subject to measures applied 
pursuant to section 4 of Executive Order 12938 (Novem-
ber 14, 1994), as amended by Executive Order 13094 
(July 28, 1998). 
(i) REPORT ON CERTAIN PAYMENTS RELATED TO 
INTERNATIONAL SPACE STATION.— 
(1) IN
GENERAL.—The President shall, to-
gether with each report submitted under section 
3(a), transmit to the Committee on Foreign Rela-
tions of the Senate and the Committee on Foreign 
Affairs of the House of Representatives a report 
that identifies each Russian entity or person to 
whom the United States Government has, since No-
vember 22, 2005, made a payment in cash or in 
kind for work to be performed or services to be ren-
dered under the Agreement Concerning Cooperation 
on the Civil International Space Station, with annex, 
signed at Washington January 29, 1998, and en-
tered into force March 27, 2001, or any protocol, 
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agreement, memorandum of understanding, or con-
tract related thereto. 
(2) CONTENT.—Each report transmitted under 
paragraph (1) shall include— 
(A) the specific purpose of each payment 
made to each entity or person identified in such 
report; and 
(B) with respect to each such payment, the 
assessment of the President that the payment 
was not prejudicial to the achievement of the 
objectives of the United States Government to 
prevent the proliferation of ballistic or cruise 
missile systems in Iran and other countries that 
have repeatedly provided support for acts of 
international terrorism, as determined by the 
Secretary of State under section 620A(a) of the 
Foreign Assistance Act of 1961 (22 U.S.C. 
2371(a)), section 6(j) of the Export Adminis-
tration Act of 1979 (50 U.S.C. App. 2405(j)), 
or section 40(d) of the Arms Export Control 
Act (22 U.S.C. 2780(d)). 
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SEC. 10. EXCLUSION FROM THE UNITED STATES OF SENIOR 
OFFICIALS OF FOREIGN PERSONS WHO HAVE 
AIDED PROLIFERATION RELATING TO IRAN. 
Except as provided in subsection (b), the Secretary 
of State shall deny a visa to, and the Secretary of Home-
land Security shall exclude from the United States, any 
alien whom the Secretary of State determines is an alien 
who, on or after the date of the enactment of this Act, 
is a— 
(1) corporate officer, principal, or shareholder 
with a controlling interest of a foreign person identi-
fied in a report submitted pursuant to section 3(a); 
(2) corporate officer, principal, or shareholder 
with a controlling interest of a successor entity to, 
or a parent or subsidiary of, a foreign person identi-
fied in such a report; 
(3) corporate officer, principal, or shareholder 
with a controlling interest of an affiliate of a foreign 
person identified in such a report, if such affiliate 
engaged in the activities referred to in such report, 
and if such affiliate is controlled in fact by the for-
eign person identified in such report; or 
(4) spouse, minor child, or agent of a person 
excludable under paragraph (1), (2), or (3). 
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SEC. 11. PROHIBITION ON CERTAIN VESSELS LANDING IN 
THE UNITED STATES; ENHANCED INSPEC-
TIONS. 
The Ports and Waterways Safety Act (33 U.S.C. 
1221 et seq.) is amended by adding at the end the fol-
lowing: 
‘‘SEC. 16. PROHIBITION ON CERTAIN VESSELS LANDING IN 
THE UNITED STATES; ENHANCED INSPEC-
TIONS. 
‘‘(a) CERTIFICATION REQUIREMENT.— 
‘‘(1) IN GENERAL.—Beginning on the date of 
enactment of the Iran, North Korea, and Syria Non-
proliferation Reform and Modernization Act of 
2011, before a vessel arrives at a port in the United 
States, the owner, charterer, operator, or master of 
the vessel shall certify that the vessel did not enter 
a port in Iran, North Korea, or Syria during the 
180-day period ending on the date of arrival of the 
vessel at the port in the United States. 
‘‘(2) FALSE
CERTIFICATIONS.—The Secretary 
shall prohibit from landing at a port in the United 
States for a period of at least 2 years— 
‘‘(A) any vessel for which a false certifi-
cation was made under section (a); and 
‘‘(B) any other vessel owned or operated 
by a parent corporation, partnership, associa-
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tion, or individual proprietorship of the vessel 
for which the false certification was made. 
‘‘(b) 
ENHANCED
INSPECTIONS.—The 
Secretary 
shall— 
‘‘(1) identify foreign ports at which vessels have 
landed during the preceding 12-month period that 
have also landed at ports in Iran, North Korea, or 
Syria during that period; and 
‘‘(2) inspect vessels arriving in the United 
States from foreign ports identified under paragraph 
(1) to establish whether the vessel was involved, dur-
ing the 12-month period ending on the date of ar-
rival of the vessel at the port in the United States, 
in any activity that would be subject to sanctions 
under the Iran, North Korea, and Syria Non-
proliferation Reform and Modernization Act of 
2011.’’. 
SEC. 12. SANCTIONS WITH RESPECT TO CRITICAL DEFENSE 
RESOURCES PROVIDED TO OR ACQUIRED 
FROM IRAN, NORTH KOREA, OR SYRIA. 
(a) IN GENERAL.—The President shall apply the 
sanctions described in subsection (b) to any person the 
President determines is, on or after the date of the enact-
ment of this Act, providing to, or acquiring from, Iran, 
North Korea, or Syria any good or technology that the 
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President determines is used, or is likely to be used, for 
military applications. 
(b) SANCTIONS
DESCRIBED.—The sanctions de-
scribed in this subsection are, with respect to a person 
described in subsection (a), the following: 
(1) FOREIGN
EXCHANGE.—Prohibiting any 
transactions in foreign exchange that are subject to 
the jurisdiction of the United States and in which 
that person has any interest. 
(2) BANKING TRANSACTIONS.—Prohibiting any 
transfers of credit or payments between financial in-
stitutions or by, through, or to any financial institu-
tion, to the extent that such transfers or payments 
are subject to the jurisdiction of the United States 
and involve any interest of that person. 
(3) 
PROPERTY
TRANSACTIONS.—Prohibiting 
any person from— 
(A) acquiring, holding, withholding, using, 
transferring, withdrawing, transporting, or ex-
porting any property that is subject to the ju-
risdiction of the United States and with respect 
to which the person described in subsection (a) 
has any interest; 
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(B) dealing in or exercising any right, 
power, or privilege with respect to such prop-
erty; or 
(C) conducting any transaction involving 
such property. 
(4) LOAN GUARANTEES.—Prohibiting the head 
of any Federal agency from providing a loan guar-
antee to that person. 
(5) ADDITIONAL SANCTIONS.—Additional sanc-
tions, as appropriate, in accordance with the Inter-
national Emergency Economic Powers Act (50 
U.S.C. 1701 et seq.). 
(c) RESTRICTIONS ON EXPORT LICENSES FOR NU-
CLEAR COOPERATION
AND CERTAIN LOAN GUARAN-
TEES.—Before issuing a license for the exportation of any 
article pursuant to an agreement for cooperation under 
section 123 of the Atomic Energy Act of 1954 (42 U.S.C. 
2153) or approving a loan guarantee or any other assist-
ance provided by the United States Government with re-
spect to a nuclear energy project, the Secretary of Energy, 
the Secretary of Commerce, and the Nuclear Regulatory 
Commission shall certify to Congress that issuing the li-
cense or approving the loan guarantee or other assistance 
(as the case may be) will not permit the transfer of any 
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good or technology described in subsection (a) to Iran, 
North Korea, or Syria. 
(d) EXCEPTION.—The sanctions described in sub-
section (b) shall not apply to the repayment or other satis-
faction of a loan or other obligation incurred under a pro-
gram of the Export-Import Bank of the United States, 
as in effect as of the date of the enactment of this Act. 
SEC. 13. DEFINITIONS. 
In this Act: 
(1) ADHERENT TO RELEVANT NONPROLIFERA-
TION REGIME.—A government is an ‘‘adherent’’ to a 
‘‘relevant nonproliferation regime’’ if such govern-
ment— 
(A) is a member of the Nuclear Suppliers 
Group with respect to a transfer of goods, serv-
ices, 
or 
technology 
described 
in 
section 
3(a)(1)(A)(i); 
(B) is a member of the Missile Technology 
Control Regime with respect to a transfer of 
goods, services, or technology described in sec-
tion 3(a)(1)(A)(ii), or is a party to a binding 
international agreement with the United States 
that was in effect on January 1, 1999, to con-
trol the transfer of such goods, services, or 
technology in accordance with the criteria and 
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standards set forth in the Missile Technology 
Control Regime; 
(C) is a member of the Australia Group 
with respect to a transfer of goods, services, or 
technology described in section 3(a)(1)(A)(iii); 
(D) is a party to the Convention on the 
Prohibition of the Development, Production, 
Stockpiling and Use of Chemical Weapons and 
on Their Destruction with respect to a transfer 
of goods, services, or technology described in 
section 3(a)(1)(A)(iv); or 
(E) is a member of the Wassenaar Ar-
rangement with respect to a transfer of goods, 
services, or technology described in section 
3(a)(1)(A)(v). 
(2) APPROPRIATE
CONGRESSIONAL
COMMIT-
TEES.—The term ‘‘appropriate congressional com-
mittees’’ means the Committee on Foreign Affairs of 
the House of Representatives and the Committee on 
Foreign Relations and the Committee on Banking, 
Housing, and Urban Affairs of the Senate. 
(3) EXTRAORDINARY
PAYMENTS
IN
CONNEC-
TION WITH THE INTERNATIONAL SPACE STATION.— 
The term ‘‘extraordinary payments in connection 
with the International Space Station’’ means pay-
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ments in cash or in kind made or to be made by the 
United States Government— 
(A) for work on the International Space 
Station which the Government of the Russian 
Federation pledged at any time to provide at its 
expense, or 
(B) for work on the International Space 
Station, or for the purchase of goods or services 
relating to human space flight, that are not re-
quired to be made under the terms of a con-
tract or other agreement that was in effect on 
January 1, 1999, as such terms were in effect 
on such date, 
except that such term does not mean payments in 
cash or in kind made or to be made by the United 
States Government before December 31, 2020, for 
work to be performed or services to be rendered be-
fore such date necessary to meet United States obli-
gations under the Agreement Concerning Coopera-
tion on the Civil International Space Station, with 
annex, signed at Washington January 29, 1998, and 
entered into force March 27, 2001, or any protocol, 
agreement, memorandum of understanding, or con-
tract related thereto. 
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(4) FOREIGN PERSON.—The term ‘‘foreign per-
son’’ means— 
(A) a natural person who is an alien; 
(B) a corporation, business association, 
partnership, society, trust, or any other non-
governmental entity, organization, or group, 
successor, subunit, or subsidiary organized 
under the laws of a foreign country or that has 
its principal place of business in a foreign coun-
try; and 
(C)(i) any foreign government; or 
(ii) any foreign government agency or enti-
ty. 
(5) KNOWINGLY.—The term ‘‘knowingly’’, with 
respect to conduct, a circumstance, or a result, 
means that a person has actual knowledge, or should 
have known, of the conduct, the circumstance, or the 
result of such conduct, circumstance, or result. 
(6) ORGANIZATION OR ENTITY UNDER THE JU-
RISDICTION OR CONTROL OF THE RUSSIAN AVIATION 
AND SPACE AGENCY.— 
(A) DEFINITION.—The term ‘‘organization 
or entity under the jurisdiction or control of the 
Russian Aviation and Space Agency’’ means an 
organization or entity that— 
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(i) was made part of the Russian 
Space Agency upon its establishment on 
February 25, 1992; 
(ii) was transferred to the Russian 
Space Agency by decree of the Government 
of the Russian Federation on July 25, 
1994, or May 12, 1998; 
(iii) was or is transferred to the Rus-
sian Aviation and Space Agency or Rus-
sian Space Agency by decree of the Gov-
ernment of the Russian Federation at any 
other time before, on, or after March 14, 
2000; or 
(iv) is a joint stock company in which 
the Russian Aviation and Space Agency or 
Russian Space Agency has at any time 
held controlling interest. 
(B) EXTENSION.—Any organization or en-
tity described in subparagraph (A) shall be 
deemed to be under the jurisdiction or control 
of the Russian Aviation and Space Agency re-
gardless of whether— 
(i) such organization or entity, after 
being part of or transferred to the Russian 
Aviation and Space Agency or Russian 
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Space Agency, is removed from or trans-
ferred out of the Russian Aviation and 
Space Agency or Russian Space Agency; or 
(ii) the Russian Aviation and Space 
Agency or Russian Space Agency, after 
holding a controlling interest in such orga-
nization or entity, divests its controlling in-
terest. 
(7) 
SUBSIDIARY.—The 
term 
‘‘subsidiary’’ 
means an entity (including a partnership, associa-
tion, trust, joint venture, corporation, or other orga-
nization) of a parent company that controls, directly 
or indirectly, the other entity. 
(8) TRANSFER OR TRANSFERRED.—The term 
‘‘transfer’’ or ‘‘transferred’’, with respect to a good, 
service, or technology, includes— 
(A) the conveyance of technological or in-
tellectual property; and 
(B) the conversion of technological or intel-
lectual advances into marketable goods, serv-
ices, or technology of value that is developed 
and generated in one location and transferred 
to another location through illegal or illicit 
means. 
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(9) 
UNITED
STATES
PERSON.—The 
term 
‘‘United States person’’ means— 
(A) a natural person who is a citizen or 
resident of the United States; or 
(B) an entity that is organized under the 
laws of the United States or any State or terri-
tory thereof. 
(10) VESSEL.—The term ‘‘vessel’’ has the 
meaning given such term in section 1081 of title 18, 
United States Code. Such term also includes air-
craft, regardless of whether or not the type of air-
craft at issue is described in such section. 
(11) 
TECHNICAL
ASSISTANCE.—The 
term 
‘‘technical assistance’’ means providing of advice, as-
sistance, and training pertaining to the installation, 
operation, and maintenance of equipment for desta-
bilizing types and forms of conventional weapons. 
SEC. 14. REPEAL OF IRAN, NORTH KOREA, AND SYRIA NON-
PROLIFERATION ACT. 
(a) REPEAL.—The Iran, North Korea, and Syria 
Nonproliferation Act (50 U.S.C. 1701 note) is repealed. 
(b) REFERENCES.—Any reference in a law, regula-
tion, document, or other record of the United States to 
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the Iran, North Korea, and Syria Nonproliferation Act 
shall be deemed to be a reference to this Act. 
Passed the House of Representatives December 14, 
2011. 
Attest: 
KAREN L. HAAS, 
Clerk. 
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