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(e) AMENDMENTS TO THE TRADING WITH THE ENEMY
ACT.—Section 16 of the Trading With the Enemy Act (50
U.S.C. App. 16) is amended—
(1) in subsection (a)—
(A) by inserting ‘‘, or attempt to violate,’’
after ‘‘violate’’ the first place it appears; and
(B) by inserting ‘‘attempt to violate,’’ after
‘‘violate,’’ the second place it appears; and
(2) in subsection (b)(1) by inserting ‘‘, or at-
tempts to violate,’’ after ‘‘violates’’.
(f) REPORT ON OFAC AND ODTC.—
(1) STUDY
ON
OFAC.—The Secretary of the
Treasury shall study ways to make the operations of
the Office of Foreign Assets Control of the Department
of the Treasury more effective and efficient in re-
sponding to licensing requests and other inquiries of
United States exporters, including through the up-
grading of technology in that office.
(2) STUDY ON ODTC.—The Secretary of State
shall study ways to make the Office of Defense Trade
Controls of the Department of State more effective
and efficient in responding to licensing requests and
other inquiries of United States exporters, including
through the upgrading of technology in that office.
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(3) SUBMISSION OF REPORTS.—Not later than 6
months after the date of the enactment of this Act, the
Secretary of the Treasury shall submit to the Congress
a report on the study conducted under paragraph (1)
and the Secretary of State shall submit to the Con-
gress a report on the study conducted under para-
graph (2).
SEC. 118. SECONDARY ARAB BOYCOTT.
(a) SENSE OF CONGRESS.—
(1) ENDING
SECONDARY
BOYCOTT.—It is the
sense of the Congress that the countries of the Arab
League should end the secondary Arab boycott.
(2) ACTIONS TO END SECONDARY BOYCOTT.—The
United States will consider the secondary Arab boy-
cott to have ended when—
(A) the Arab League issues a public pro-
nouncement that the Arab League has ended the
secondary Arab boycott;
(B) all activities carried out by the Central
Office for the Boycott of Israel in support of the
secondary Arab boycott have been terminated;
(C) the Arab League and the individual
countries that are members of the Arab League
have terminated the practice of barring United
States persons and foreign companies that do not
187
comply with the secondary Arab boycott from
doing business with countries that are members
of the Arab League, and have declared null and
void any existing list of such barred persons and
companies; and
(D) the Arab League, and the individual
countries that are the members of the Arab
League, have ceased requesting United States
persons to take actions prohibited under section
108(a).
(b) DEFINITION.—For purposes of this section, the
term ‘‘secondary Arab boycott’’ means the refusal to do busi-
ness with persons who do not comply with requests to take
any action prohibited under section 108(a) with respect to
Israel.
SEC. 119. CONFORMING AMENDMENTS.
(a) ARMS EXPORT CONTROL ACT.—
(1) Section 38 of the Arms Export Control Act
(22 U.S.C. 2778) is amended—
(A) in subsection (e)—
(i) in the first sentence by striking
‘‘subsections (c)’’ and all that follows
through ‘‘12 of such Act’’ and inserting
‘‘subsections (b), (c), (d) and (e) of section
110 of the Export Administration Act of
188
1996, by subsections (a) and (b) of section
113 of such Act, and by section 114(g) of
such Act’’; and
(ii) in the third sentence by striking
‘‘11(c) of the Export Administration Act of
1979’’ and inserting ‘‘110(c) of the Export
Administration Act of 1996’’; and
(B) in subsection (g)(1)(A) by striking
clause (ii) and inserting the following:
‘‘(ii) section 110 of the Export Administra-
tion Act of 1996,’’.
(2) Section 39A(c) of the Arms Export Control
Act, as added by the Foreign Relations Authorization
Act, Fiscal Years 1994 and 1995, is amended—
(A) by striking ‘‘(c),’’ and all that follows
through ‘‘12(a) of such Act’’ and inserting ‘‘(c),
(d), and (e) of section 110, section 112(c), and
subsections (a) and (b) of section 113, of the Ex-
port Administration Act of 1996’’; and
(B) by striking ‘‘11(c)’’ and inserting
‘‘110(c)’’.
(3) Section 40(k) of the Arms Export Control Act
(22 U.S.C. 2780(k)) is amended—
(A) by striking ‘‘11(c), 11(e), 11(g), and
12(a) of the Export Administration Act of 1979’’
189
and inserting ‘‘110(b), 110(c), 110(e), 113(a),
and 113(b) of the Export Administration Act of
1996’’; and
(B) by striking ‘‘11(c)’’ and inserting
‘‘110(c)’’.
(4) Section 73A of the Arms Export Control Act,
as added by the Foreign Relations Authorization Act,
Fiscal Years 1995 and 1995, is amended by striking
‘‘a MTCR adherent’’ and inserting ‘‘an MTCR adher-
ent’’.
(b) OTHER PROVISIONS OF LAW.—
(1) Section 5(b)(4) of the Trading with the
Enemy Act (12 U.S.C. 95a(4); 50 U.S.C. App.
5(b)(4)) is amended by striking ‘‘section 5 of the Ex-
port Administration Act of 1979, or under section 6
of that Act to the extent that such controls promote
the nonproliferation or antiterrorism policies of the
United States’’ and inserting ‘‘the Export Adminis-
tration Act of 1996’’.
(2) Section 502B(a)(2) of the Foreign Assistance
Act of 1961 (22 U.S.C. 2304(a)(2)) is amended in the
second sentence—
(A) by striking ‘‘Export Administration Act
of 1979’’ the first place it appears and inserting
‘‘Export Administration Act of 1996’’; and
190
(B) by striking ‘‘Act of 1979)’’ and insert-
ing ‘‘Act of 1996)’’.
(3)(A) Section 140(a) of the Foreign Relations
Authorization Act, Fiscal Years 1988 and 1989 (22
U.S.C. 2656f(a)) is amended—
(i) in paragraph (1)(B) by inserting ‘‘or
section 106(i) of the Export Administration Act
of 1996’’ after ‘‘Act of 1979’’; and
(ii) in paragraph (2) by striking ‘‘6(j) of
the Export Administration Act of 1979’’ and in-
serting ‘‘106(i) of the Export Administration Act
of 1996’’.
(B) For purposes of the report required by
March 31, 1996, under section 140(a) of the Foreign
Relations Authorization Act, Fiscal Years 1988 and
1989, the reference in paragraph (2) of such section
to ‘‘section 106(i) of the Export Administration Act
of 1996’’ shall be deemed to refer to ‘‘section 6(j) of
the Export Administration Act of 1979 or section
106(i) of the Export Administration Act of 1996’’.
(4) Section 40(e)(1) of the State Department
Basic Authorities Act of 1956 (22 U.S.C. 2712(e)(1))
is amended by striking ‘‘6(j)(1) of the Export Admin-
istration Act of 1979’’ and inserting ‘‘106(i)(1) of the
Export Administration Act of 1996’’.
191
(5) Section 110 of the International Security
and Development Cooperation Act of 1980 (22 U.S.C.
2778a) is amended by striking ‘‘Act of 1979’’ and in-
serting ‘‘Act of 1996’’.
(6) Section 205(d)(4)(B) of the State Depart-
ment Basic Authorities Act of 1956 (22 U.S.C.
4305(d)(4)(B)) is amended by striking ‘‘6(j) of the
Export Administration Act of 1979’’ and inserting
‘‘106(i) of the Export Administration Act of 1996’’.
(7) Section 203(b)(3) of the International Emer-
gency Economic Powers Act (50 U.S.C. 1702(b)(3)) is
amended by striking ‘‘section 5 of the Export Admin-
istration Act of 1979, or under section 6 of such Act
to the extent that such controls promote the non-
proliferation or antiterrorism policies of the United
States’’ and inserting ‘‘the Export Administration
Act of 1996’’.
(8) Section 491(f) of the Forest Resources Con-
servation and Shortage Relief Act of 1990 (16 U.S.C.
620c(f)) is repealed.
(c) REPEAL.—The Export Administration Act of 1979
is repealed.
SEC. 120. EXPIRATION DATE.
This title expires on June 30, 2001.
192
SEC. 121. SAVINGS PROVISIONS.
(a) IN GENERAL.—All delegations, rules, regulations,
orders, determinations, licenses, or other forms of adminis-
trative action which have been made, issued, conducted, or
allowed to become effective under—
(1) the Export Control Act of 1949, the Export
Administration Act of 1969, or the Export Adminis-
tration Act of 1979, or
(2) those provisions of the Arms Export Control
Act which are amended by section 119,
and are in effect at the time this title takes effect, shall con-
tinue in effect according to their terms until modified, su-
perseded, set aside, or revoked under this title or the Arms
Export Control Act.
(b) ADMINISTRATIVE AND JUDICIAL PROCEEDINGS.—
(1) EXPORT
ADMINISTRATION
ACT.—This title
shall not affect any administrative or judicial pro-
ceedings commenced or any application for a license
made, under the Export Administration Act of 1979,
which is pending at the time this title takes effect.
Any such proceedings, and any action on such appli-
cation, shall continue under the Export Administra-
tion Act of 1979 as if that Act had not been repealed.
(2) OTHER PROVISIONS OF LAW.—This title shall
not affect any administrative or judicial proceedings
commenced or any application for a license made,
193
under those provisions of the Arms Export Control
Act which are amended by section 119, if such pro-
ceedings or application is pending at the time this
title takes effect. Any such proceedings, and any ac-
tion on such application, shall continue under those
provisions as if those provisions had not been amend-
ed by section 119.
(c) TREATMENT OF CERTAIN DETERMINATIONS.—Any
determination with respect to the government of a foreign
country under section 6(j) of the Export Administration 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).
TITLE II—NUCLEAR
PROLIFERATION PREVENTION
SEC. 201. REPEAL OF TERMINATION OF PROVISIONS OF
THE NUCLEAR PROLIFERATION PREVENTION
ACT OF 1994.
(a) REPEAL.—Part D of the Nuclear Proliferation
Prevention Act of 1994 (part D of title VIII of the Foreign
Relations Authorization Act, Fiscal Years 1994 and 1995;
Public Law 103–236; 108 Stat. 525) is hereby repealed.
194
(b) PRESIDENTIAL DETERMINATIONS.—Section 824(c)
of the Nuclear Proliferation Prevention Act of 1994 is
amended by striking ‘‘, in writing after opportunity for a
hearing on the record,’’.
(c) JUDICIAL REVIEW.—Section 824 of the Nuclear
Proliferation Prevention Act of 1994 is amended—
(1) by striking subsection (e); and
(2) by redesignating subsections (f) through (k)
as subsections (e) through (j), respectively.
(d) CONFORMING AMENDMENT.—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 Administration Act of 1996’’.
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.
195
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 by adding at the end
the following:
‘‘(H)(i) The President shall prohibit the impor-
tation into the United States of specific products pro-
duced in that country by persons who have engaged
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 de-
scribed 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;
196
‘‘(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 President’s
determination under paragraph (1) is made.’’.