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 written justifica-
tion 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. 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); and
(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) or any suc-
cessor or subsidiary of such entity, 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) or any successor or subsidiary of
such entity, the foreign government of which
that entity is a part.
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