Iran Nonproliferation Act of 2000
PL 106-178 (H.R.1883), enacted 03/14/2000

114 STAT. 38 
PUBLIC LAW 106-178—MAR. 14, 2000 
Public Law 106-178 
106th Congress 
An Act 
Mar. 14, 2000 
[H.R. 1883] 
Iran 
Nonproliferation 
Act of 2000. 
Arms and 
munitions. 
Weapons. 
50 tfeC 1701 
note. 
President. 
To provide for the application of measures to foreign persons who transfer to 
Iran certain goods, services, or technology, and for other purposes. 
Be it enacted by the Senate and House of Representatives 
of 
the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the "Iran NonproHferation Act of 
2000". 
SEC. 2. REPORTS ON PROLIFERATION TO IRAN. 
(a) REPORTS.—The President shall, at the times specified in 
subsection (b), submit to the Committee on International Relations 
of the House of Representatives and the Committee on Foreign 
Relations of the Senate a report identifying every foreign person 
with respect to whom there is credible information indicating that 
that person, on or after January 1, 1999, transferred to Iran— 
(1) goods, services, or technology listed on— 
(A) the Nuclear Suppliers Group Guidelines for the 
Export of Nuclear Material, Equipment and Technology 
(published by the International Atomic Energy Agency as 
Information Circular INFCIRC/254/Rev.3/Part 1, and sub-
sequent revisions) and Guidelines for Transfers of Nuclear-
Related Dual-Use Equipment, Material, and Related Tech-
nology (published by the International Atomic Energy 
Agency as Information Circular INFCIRC/254/Rev.3/Part 
2, and subsequent revisions); 
(B) the Missile Technology Control Regime Equipment 
and Technology Annex of June 11, 1996, and subsequent 
revisions; 
(C) the lists of items and substances relating to 
biological and chemical weapons the export of which is 
controlled by the Australia Group; 
(D) 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 
(E) the Wassenaar Arrangement list of Dual Use Goods 
and Technologies and Munitions list of July 12, 1996, and 
subsequent revisions; or 
(2) goods, services, or technology not listed on any list 
identified in paragraph (1) but which nevertheless would be. 
PUBLIC LAW 106-178—MAR. 14, 2000 
114 STAT. 39 
if they were United States goods, services, or technology, prohib-
ited for export to Iran because of their potential to make a 
material contribution to the development of nuclear, biological, 
or chemical weapons, or of ballistic or cruise missile systems. 
(b) TIMING OF REPORTS.—The reports under subsection (a) shall Deadline, 
be submitted not later than 90 days after the date of the enactment 
of this Act, not later than 6 months after such date of enactment, 
and not later than the end of each 6-month period thereafter. 
(c) EXCEPTIONS.—^Any foreign person who— 
(1) was identified in a previous report submitted under 
subsection (a) on account of a particular transfer; or 
(2) has engaged in a transfer on behalf of, or in concert 
with, the Government of the United States, 
is not required to be identified on account of that same transfer 
in any report submitted thereafter under this section, except to 
the degree that new information has emerged indicating that the 
particular transfer may have continued, or been larger, more signifi-
cant, or different in nature than previously reported under this 
section. 
(d) SUBMISSION IN CLASSIFIED FORM.—^When the President con-
siders it appropriate, reports submitted under subsection (a), or 
appropriate parts thereof, may be submitted in classified form. 
SEC. 
3
. 
APPLICATION 
OF 
MEASURES 
TO 
CERTAIN 
FOREIGN 
PERSONS. 
(a) APPLICATION OF MEASURES.—Subject to sections 4 and 5, 
the President is authorized to apply with respect to each foreign 
person identified in a report submitted pursuant to section 2(a), 
for such period of time as he may determine, any or all of the 
measures described in subsection (b). 
(b) DESCRIPTION OF MEASURES.—The measures referred to in 
subsection (a) are the following: 
(1) EXECUTIVE ORDER NO. 12938 PROHIBITIONS.—The meas-
ures set forth in subsections (b) and (c) of section 4 of Executive 
Order No. 12938. 
(2) ARMS EXPORT PROHIBITION.—Prohibition on United 
States Government sales to that foreign person of any item 
on the United States Munitions List as in effect on August 
8, 1995, and termination of sales to that person of any defense 
articles, defense services, or design and construction services 
under the Arms Export Control Act. 
(3) DUAL USE EXPORT PROHIBITION.—Denial of licenses and 
suspension of existing licenses for the transfer to that person 
of items the export of which is controlled under the Export 
Administration Act of 1979 or the Export Administration Regu-
lations. 
(c) EFFECTIVE DATE OF MEASURES.—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 foreign person 
is submitted, if the report is submitted on or before the date 
required by section 2(b); 
(2) 90 days after the date required by section 2(b) for 
submitting the report, if the report identif3dng the foreign per-
son 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 submitted more than 
60 days after the date required by section 2(b). 
114 STAT. 40 
PUBLIC LAW 106-178—MAR. 14, 2000 
(d) PUBLICATION IN FEDERAL REGISTER.—The application of 
measures to a foreign person pursuant to subsection (a) shall be 
announced by notice published in the Federal Register. 
SEC. 
4
. 
PROCEDURES 
IF 
MEASURES 
ARE 
NOT 
APPLIED. 
(a) REQUIREMENT TO NOTIFY CONGRESS.—Should the President 
not exercise the authority of section 3(a) to apply any or all of 
the measures described in section 3(b) with respect to a foreign 
person identified in a report submitted pursuant to section 2(a), 
he shall so notify the Committee on International Relations of 
the House of Representatives and the Committee on Foreign Rela-
tions of the Senate no later than the effective date under section 
3(c) for measures with respect to that person. 
(b) WRITTEN JUSTIFICATION.—^Any notification submitted by the 
President under subsection (a) shall include a written justification 
describing in detail the facts and circumstances relating specifically 
to the foreign person identified in a report submitted pursuant 
to section 2(a) that support the President's decision not to exercise 
the authority of section 3(a) with respect to that person. 
(c) SUBMISSION IN CLASSIFIED FORM.—When the President con-
siders it appropriate, the notification of the President under sub-
section (a), and the written justification under subsection (b), or 
appropriate parts thereof, may be submitted in classified form. 
SEC. 5. DETERMINATION EXEMPTING FOREIGN PERSON FROM SEC-
TIONS 3 AND 4. 
(a) IN GENERAL.—Sections 3 and 4 shall not apply to a foreign 
person 15 days after the President reports to the Committee on 
International Relations of the House of Representatives and the 
Committee on Foreign Relations of the Senate that the President 
has determined, on the basis of information provided by that person, 
or otherwise obtained by the President, that— 
(1) the person did not, on or after January 1, 1999, know-
ingly transfer to Iran the goods, services, or technology the 
apparent transfer of which caused that person to be identified 
in a report submitted pursuant to section 2(a); 
(2) the goods, services, or technology the transfer of which 
caused that person to be identified in a report submitted pursu-
ant to section 2(a) did not materially contribute to Iran's efforts 
to develop nuclear, biological, or chemical weapons, or ballistic 
or cruise missile systems; 
(3) the person is subject to the primary jurisdiction of 
a government that is an adherent to one or more relevant 
nonproliferation regimes, the person was identified in a report 
submitted pursuant to section 2(a) with respect to a transfer 
of goods, services, or technology described in section 2(a)(1), 
and such transfer was made consistent with the guidelines 
and parameters of all such relevant regimes of which such 
government is an adherent; or 
(4) the government with primary jurisdiction over the per-
son has imposed meaningful penalties on that person on account 
of the transfer of the goods, services, or technology which caused 
that person to be identified in a report submitted pursuant 
to section 2(a). 
(b) OPPORTUNITY TO PROVIDE INFORMATION.—Congress urges 
the President— 
President. 
PUBLIC LAW 106-178—MAR. 14, 2000 
114 STAT. 41 
(1) in every appropriate case, to contact in a timely fashion 
each foreign person identified in each report submitted pursu-
ant to section 2(a), or the government with primary jurisdiction 
over such person, in order to afford such person, or govern-
ments, the opportunity to provide explanatory, exculpatory, 
or other additional information with respect to the transfer 
that caused such person to be identified in a report submitted 
pursuant to section 2(a); and 
(2) to exercise the authority in subsection (a) in all cases 
where information obtained from a foreign person identified 
in a report submitted pursuant to section 2(a), or from the 
government with primary jurisdiction over such person, estab-
lishes that the exercise of such authority is warranted. 
(c) SUBMISSION IN CLASSIFIED FORM.—When the President con-
siders it appropriate, the determination and report of the President 
under subsection (a), or appropriate parts thereof, may be submitted 
in classified form. 
SEC. 6. RESTRICTION ON EXTRAORDINARY PAYMENTS IN CONNECTION 
Russian 
WITH THE INTERNATIONAL SPACE STATION. 
Federation. 
(a) RESTRICTION ON EXTRAORDINARY PAYMENTS IN CONNECTION 
WITH THE INTERNATIONAL SPACE STATION.—Notwithstanding any 
other provision of law, no agency of the United States Government 
may make extraordinary payments in connection with the Inter-
national 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 other organization, 
entity, or element of the Government of the Russian Federation, 
unless, during the fiscal year in which the extraordinary payments 
in connection with the International Space Station are to be made, 
the President has made the determination described in subsection 
(b), and reported such determination to the Committee on Inter-
national Relations and the Committee on Science of the House 
of Representatives and the Committee on Foreign Relations and 
the Committee on Commerce, Science, and Transportation of the 
Senate. 
(b) DETERMINATION REGARDING RUSSIAN COOPERATION IN PRE-
VENTING PROLIFERATION TO IRAN.—The determination referred to 
in subsection (a) is a determination by the President that— 
(1) it is the policy of the Government of the Russian Federa-
tion to oppose the proliferation to Iran 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 government) has demonstrated 
and continues to demonstrate a sustained commitment to seek 
out and prevent the transfer to Iran of goods, services, and 
technology that could make a material contribution to the 
development of nuclear, biological, or chemical weapons, or 
of ballistic or cruise missile systems; and 
(3) neither the Russian Aviation and Space Agency, nor 
any organization or entity under the jurisdiction or control 
of the Russian Aviation and Space Agency, has, during the 
1-year period prior to the date of the determination pursuant 
to this subsection, made transfers to Iran reportable under 
section 2(a) of this Act (other than transfers with respect to 
114 STAT. 42 
PUBLIC LAW 106-178—MAR. 14, 2000 
which a determination pursuant to section 5 has been or will 
be made). 
Deadline. 
(c) PRIOR NOTIFICATION.—Not less than 5 days before making 
a determination under subsection (b), the President shall notify 
the Committee on International Relations and the Committee on 
Science of the House of Representatives and the Committee on 
Foreign Relations and the Committee on Commerce, Science, and 
Transportation of the Senate of his intention to make such deter-
mination. 
(d) WRITTEN JUSTIFICATION.—A determination of the President 
under subsection (b) shall include a written justification describing 
in detail the facts and circumstances supporting the President's 
conclusion. 
(e) SUBMISSION IN CLASSIFIED FORM.—When the President con-
siders it appropriate, a determination of the President under sub-
section (b), a prior notification under subsection (c), and a written 
justification luider subsection (d), or appropriate parts thereof, may 
be submitted in classified form. 
(f) EXCEPTION FOR CREW SAFETY.— 
(1) EXCEPTION.—The National Aeronautics and Space 
Administration may make extraordinary payments that would 
otherwise be prohibited under this section to the Russian Avia-
tion and Space Agency or any organization or entity under 
the jurisdiction or control of the Russian Aviation and Space 
Agency if the President has notified the Congress in writing 
that such payments are necessary to prevent the imminent 
loss of life by or grievous injury to individuals aboard the 
International Space Station. 
Deadline. 
(2) REPORT.—Not later than 30 days after notifying Con-
gress that the National Aeronautics and Space Administration 
will make extraordinary payments under paragraph (1), the 
President shall submit 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 
(B) the measures that the National Aeronautics and 
Space Administration is taking to ensure that— 
(i) the conditions posing a threat of imminent loss 
of life by 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 
by or grievous injury to individuals aboard the Inter-
national Space Station. 
(g) SERVICE MODULE EXCEPTION.—(1) The National Aeronautics 
and Space Administration may make extraordinary payments that 
would otherwise be prohibited under this section 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 for the construction, testing, prepara-
tion, delivery, launch, or maintenance of the Service Module, and 
for the purchase (at a total cost not to exceed $14,000,000) of 
the pressure dome for the Interim Control Module and the Androgy-
nous Peripheral Docking Adapter and related hardware for the 
United States propulsion module, if— 
(A) the President has notified Congress at least 5 days 
before making such payments; 
PUBLIC LAW 106-178—MAR. 14, 2000 
114 STAT. 43 
(B) no report has been made under section 2 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 commensurate with the value of 
the extraordinary payments made. 
(2) For purposes of this subsection, the term "maintenance" 
means activities which cannot be performed by the National Aero-
nautics and Space Administration and which must be performed 
in order for the Service Module to provide environmental control, 
life support, and orbital maintenance functions which cannot be 
performed by an alternative means at the time of payment. 
(3) This subsection shall cease to be effective 60 days after 
Termination 
a United States propulsion module is in place at the International date. 
Space Station. 
(h) EXCEPTION.—Notwithstanding subsections (a) and (b), no 
agency of the United States Government may make extraordinary 
payments in connection with the International Space Station to 
any foreign person subject to measures applied pursuant to— 
(1) section 3 of this Act; or 
(2) section 4 of Executive Order No. 12938 (November 
14, 1994), as amended by Executive Order No. 13094 (July 
28, 1998). 
Such payments shall also not be made to gmy other entity if the 
agency of the United States Government anticipates that such 
payments will be passed on to such a foreign person. 
SEC. 7. DEFINITIONS. 
For purposes of this Act, the following terms have the following 
meanings: 
(1) EXTRAORDINARY PAYMENTS IN CONNECTION WITH THE 
INTERNATIONAL SPACE STATION.—The term "extraordinary pay-
ments in connection with the International Space Station" 
means payments 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 Russian Government 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 required to be made under the 
terms of a contract or other agreement that was in effect 
on January 1, 1999, as those terms were in effect on 
such date. 
(2) FOREIGN PERSON; PERSON.—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 nongovernmental 
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 operating as a 
business enterprise; and 
(D) any successor, subunit, or subsidiary of any entity 
described in subparagraph (B) or (C). 
114 STAT. 44 
PUBLIC LAW 106-178—MAR. 14, 2000 
(3) EXECUTIVE ORDER NO. 12938.—The term "Executive 
Order No. 12938" means Executive Order No. 12938 as in 
effect on January 1, 1999. 
(4) ADHERENT TO RELEVANT NONPROLIFERATION REGIME.— 
A government is an "adherent" to a "relevant nonprohferation 
regime" if that government— 
(A) is a member of the Nuclear Suppliers Group with 
respect to a transfer of goods, services, or technology 
described in section 2(a)(1)(A); 
(B) is a member of the Missile Technology Control 
Regime with respect to a transfer of goods, services, or 
technology described in section 2(a)(1)(B), or is a party 
to a binding international agreement with the United 
States that was in effect on January 1, 1999, to control 
the transfer of such goods, services, or technology in accord-
ance with the criteria and 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 2(a)(1)(C); 
(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 2(a)(1)(D); or 
(E) is a member of the Wassenaar Arrangement with 
respect to a transfer of goods, services, or technology 
described in section 2(a)(1)(E). 
(5) ORGANIZATION OR ENTITY UNDER THE JURISDICTION OR 
CONTROL OF THE RUSSIAN AVIATION AND SPACE AGENCY.—(A) 
The term "orgsmization or entity under the jurisdiction or con-
trol of the Russian Aviation and Space Agency" means an 
organization or entity that— 
(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 Russian Government on July 25, 1994, or 
May 12, 1998; 
(iii) was or is transferred to the Russian Aviation and 
Space Agency or Russian Space Agency by decree of the 
Russian Government at any other time before, on, or after 
the date of the enactment of this Act; 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) Any organization or entity described in subparagraph 
(A) shall be deemed to be under the jurisdiction or control 
of the Russian Aviation and Space Agency regardless of 
whether— 
(i) such organization or entity, after being part of or 
transferred to the Russian Aviation and Space Agency or 
Russian Space Agency, is removed from or transferred out 
of the Russian Aviation and Space Agency or Russian Space 
Agency; or 
PUBLIC LAW 106-178—MAR. 14, 2000 
114 STAT. 45 
(ii) the Russian Aviation and Space Agency or Russian 
Space Agency, after holding a controlling interest in such 
organization or entity, divests its controlling interest. 
Approved March 14, 2000. 
LEGISLATIVE HISTORY—H.R. 1883: 
HOUSE REPORTS: No. 106-315, Pt. 1 (Comm. on International Relations). 
CONGRESSIONAL RECORD: 
Vol. 145 (1999): Sept. 14, considered and passed House. 
Vol. 146 (2000): Feb. 22, 24, considered and passed Senate, amended. 
Mar. 1, House concurred in Senate amendments. 
WEEKLY COMPILATION OF PRESIDENTL^L DOCUMENTS, Vol. 36 (2000): 
Mar. 14, Presidential statement.