Iran Nonproliferation Amendments Act of 2005
PL 109-112 (S.1713), enacted 11/22/2005

119 STAT. 2366
PUBLIC LAW 109–112—NOV. 22, 2005
Public Law 109–112
109th Congress
An Act
To make amendments to the Iran Nonproliferation Act of 2000 related to Inter-
national Space Station payments, 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 Nonproliferation Amend-
ments Act of 2005’’.
SEC. 2. FINDINGS.
Congress makes the following findings:
(1) The Director of Central Intelligence’s most recent
Unclassified Report to Congress on the Acquisition of Tech-
nology Relating to Weapons of Mass Destruction and Advanced
Conventional Munitions, 1 July Through 31 December 2003,
states ‘‘Russian entities during the reporting period continued
to supply a variety of ballistic missile-related goods and tech-
nical know-how to countries such as Iran, India, and China.
Iran’s earlier success in gaining technology and materials from
Russian entities helped accelerate Iranian development of the
Shahab-3 MRBM, and continuing Russian entity assistance
has supported Iranian efforts to develop new missiles and
increase Tehran’s self-sufficiency in missile production.’’
(2) Vice Admiral Lowell E. Jacoby, the Director of the
Defense Intelligence Agency, stated in testimony before the
Select Committee on Intelligence of the Senate on February
16, 2005, that ‘‘Tehran probably will have the ability to produce
nuclear weapons early in the next decade’’.
(3) Iran has—
(A) failed to act in accordance with the Agreement
Between Iran and the International Atomic Energy Agency
for the Application of Safeguards in Connection with the
Treaty on the Non-Proliferation of Nuclear Weapons, done
at Vienna June 19, 1973 (commonly referred to as the
‘‘Safeguards Agreement’’);
(B) acted in a manner inconsistent with the Protocol
Additional to the Agreement Between Iran and the Inter-
national Atomic Energy Agency for the Application of Safe-
guards, signed at Vienna December 18, 2003 (commonly
referred to as the ‘‘Additional Protocol’’);
(C) acted in a manner inconsistent with its obligations
under the Treaty on the Non-Proliferation of Nuclear
Weapons, done at Washington, London, and Moscow July
Lowell E. Jacoby.
Iran
Nonproliferation
Amendments Act
of 2005.
Russian
Federation.
50 USC 1701
note.
Nov. 22, 2005
[S. 1713]
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119 STAT. 2367
PUBLIC LAW 109–112—NOV. 22, 2005
1, 1968, and entered into force March 5, 1970 (commonly
referred to as the ‘‘Nuclear Non-Proliferation Treaty’’); and
(D) resumed uranium conversion activities, thus ending
the confidence building measures it adopted in its
November 2003 agreement with the foreign ministers of
the United Kingdom, France, and Germany.
(4) On September 24, 2005, the Board of Governors of
the International Atomic Energy Agency (IAEA) formally
declared that Iranian actions constituted noncompliance with
its nuclear safeguards obligations, and that Iran’s history of
concealment of its nuclear activities has given rise to questions
that are within the purview of the United Nations Security
Council.
(5) The executive branch has on multiple occasions used
the authority provided under section 3 of the Iran Nonprolifera-
tion Act of 2000 (Public Law 106–178; 50 U.S.C. 1701 note)
to impose sanctions on entities that have engaged in activities
in violation of restrictions in the Act relating to—
(A) the export of equipment and technology controlled
under multilateral export control lists, including under the
Australia Group, Chemical Weapons Convention, Missile
Technology Control Regime, Nuclear Suppliers Group, and
the Wassenaar Arrangement or otherwise having the poten-
tial to make a material contribution to the development
of weapons of mass destruction or cruise or ballistic missile
systems to Iran; and
(B) the export of other items to Iran with the potential
of making a material contribution to Iran’s weapons of
mass destruction programs or on United States national
control lists for reasons related to the proliferation of
weapons of mass destruction or missiles.
(6) The executive branch has never made a determination
pursuant to section 6(b) of the Iran Nonproliferation Act of
2000 that—
(A) it is the policy of the Government of the Russian
Federation to oppose the proliferation to Iran of weapons
of mass destruction and missile systems capable of deliv-
ering such weapons;
(B) 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 mate-
rial contribution to the development of nuclear, biological,
or chemical weapons, or of ballistic or cruise missile sys-
tems; and
(C) no entity under the jurisdiction or control of the
Government of the Russian Federation, has, during the
1-year period prior to the date of the determination pursu-
ant to section 6(b) of such Act, made transfers to Iran
reportable under section 2(a) of the Act.
(7) On June 29, 2005, President George W. Bush issued
Executive Order 13382 blocking property of weapons of mass
destruction proliferators and their supporters, and used the
authority of such order against 4 Iranian entities, Aerospace
Industries Organization, Shahid Hemmat Industrial Group,
George W. Bush.
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119 STAT. 2368
PUBLIC LAW 109–112—NOV. 22, 2005
Shahid Bakeri Industrial Group, and the Atomic Energy
Organization of Iran, that have engaged, or attempted to
engage, in activities or transactions that have materially
contributed to, or pose a risk of materially contributing to,
the proliferation of weapons of mass destruction or their means
of delivery (including missiles capable of delivering such
weapons), including efforts to manufacture, acquire, possess,
develop, transport, transfer, or use such items.
SEC. 3. AMENDMENTS TO IRAN NONPROLIFERATION ACT OF 2000
RELATED TO INTERNATIONAL SPACE STATION PAY-
MENTS.
(a) TREATMENT OF CERTAIN PAYMENTS.—Section 7(1)(B) of the
Iran Nonproliferation Act of 2000 (Public Law 106–178; 50 U.S.C.
1701 note) is amended—
(1) by striking the period at the end and inserting a comma;
and
(2) by adding at the end the following:
‘‘except that such term does not mean payments in cash or
in kind made or to be made by the United States Government
prior to January 1, 2012, for work to be performed or services
to be rendered prior to that date necessary to meet United
States obligations 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 contract related thereto.’’.
(b) EXCEPTION.—Section 6(h) of the Iran Nonproliferation Act
of 2000 (Public Law 106–178; 50 U.S.C. 1701 note) is amended
by inserting after ‘‘extraordinary payments in connection with the
International Space Station’’ the following: ‘‘, or any other payments
in connection with the International Space Station,’’.
(c) REPORTING REQUIREMENTS.—Section 6 of the Iran Non-
proliferation Act of 2000 (Public Law 106–178; 50 U.S.C. 1701
note) is amended by adding at the end the following new subsection:
‘‘(i) REPORT ON CERTAIN PAYMENTS RELATED TO INTERNATIONAL
SPACE STATION.—
‘‘(1) IN GENERAL.—The President shall, together with each
report submitted under section 2(a), submit to the Committee
on Foreign Relations of the Senate and the Committee on
International Relations of the House of Representatives a report
that identifies each Russian entity or person to whom the
United States Government has, since the date of the enactment
of the Iran Nonproliferation Amendments Act of 2005, made
a payment in cash or in kind for work to be performed or
services to be rendered under the Agreement Concerning
Cooperation 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, memo-
randum of understanding, or contract related thereto.
‘‘(2) CONTENT.—Each report submitted under paragraph
(1) shall include—
‘‘(A) the specific purpose of each payment made to
each entity or person identified in the 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
President.
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119 STAT. 2369
PUBLIC LAW 109–112—NOV. 22, 2005
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 Administration
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)).’’.
SEC. 4. AMENDMENTS TO THE IRAN NONPROLIFERATION ACT OF 2000
TO MAKE SUCH ACT APPLICABLE TO IRAN AND SYRIA.
(a) REPORTS ON PROLIFERATION RELATING TO IRAN OR SYRIA.—
Section 2 of the Iran Nonproliferation Act of 2000 (Public Law
106–178; 50 U.S.C. 1701 note) is amended—
(1) in the heading, by striking ‘‘TO IRAN’’ and inserting
‘‘RELATING TO IRAN AND SYRIA’’; and
(2) in subsection (a)—
(A) in the matter preceding paragraph (1)—
(i) by inserting ‘‘or acquired from’’ after ‘‘trans-
ferred to’’; and
(ii) by inserting after ‘‘Iran’’ the following: ‘‘, or
on or after January 1, 2005, transferred to or acquired
from Syria’’; and
(B) in paragraph (2), by inserting after ‘‘Iran’’ the fol-
lowing: ‘‘or Syria, as the case may be,’’.
(b) DETERMINATION EXEMPTING FOREIGN PERSONS FROM CER-
TAIN MEASURES.—Section 5(a) of the Iran Nonproliferation Act of
2000 (Public Law 106–178; 50 U.S.C. 1701 note) is amended—
(1) in paragraph (1), by striking ‘‘transfer to Iran’’ and
inserting ‘‘transfer to or acquire from Iran or Syria, as the
case may be,’’; and
(2) in paragraph (2), by striking ‘‘Iran’s efforts’’ and
inserting ‘‘the efforts of Iran or Syria, as the case may be,’’.
(c) RESTRICTION ON EXTRAORDINARY PAYMENTS IN CONNECTION
WITH THE INTERNATIONAL SPACE STATION.—Section 6(b) of the Iran
Nonproliferation Act of 2000 (Public Law 106–178; 50 U.S.C. 1701
note) is amended—
(1) in the heading, by striking ‘‘TO IRAN’’ and inserting
‘‘RELATING TO IRAN AND SYRIA’’;
(2) in paragraphs (1) and (2), by striking ‘‘to Iran’’ each
place it appears and inserting ‘‘to or from Iran and Syria’’;
and
(3) in paragraph (3), by striking ‘‘to Iran’’ and inserting
‘‘to or from Iran or Syria’’.
(d) DEFINITIONS.—Section 7(2) of the Iran Nonproliferation Act
of 2000 (Public Law 106–178; 50 U.S.C. 1701 note) is amended—
(1) in subparagraph (C) to read as follows:
‘‘(C) any foreign government, including any foreign
governmental entity; and’’; and
(2) in subparagraph (D), by striking ‘‘subparagraph (B)
or (C)’’ and inserting ‘‘subparagraph (A), (B), or (C), including
any entity in which any entity described in any such subpara-
graph owns a controlling interest’’.
(e) SHORT TITLE.—
(1) AMENDMENT.—Section 1 of the Iran Nonproliferation
Act of 2000 (Public Law 106–178; 50 U.S.C. 1701 note) is
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119 STAT. 2370
PUBLIC LAW 109–112—NOV. 22, 2005
LEGISLATIVE HISTORY—S. 1713:
CONGRESSIONAL RECORD, Vol. 151 (2005):
Sept. 21, considered and passed Senate.
Oct. 26, considered and passed House, amended.
Nov. 8, Senate concurred in House amendments.
amended by striking ‘‘Iran Nonproliferation Act of 2000’’ and
inserting ‘‘Iran and Syria Nonproliferation Act’’.
(2) REFERENCES.—Any reference in a law, regulation, docu-
ment, or other record of the United States to the Iran Non-
proliferation Act of 2000 shall be deemed to be a reference
to the Iran and Syria Nonproliferation Act.
Approved November 22, 2005.
22 USC 2797b
note; 50 USC
1701 note.
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