Iran-Iraq Arms Non-Proliferation Act of 1992
[P.L. 102-484, div. A, title XVI, 23 October 1992, 106 Stat.
2571]
SEC. 1601. SHORT TITLE.
This title may be cited as the `Iran-Iraq Arms Non-Proliferation Act
of 1992'.
SEC. 1602. UNITED STATES POLICY.
(a) In General.--It shall be the policy of the United States to oppose,
and urgently to seek the agreement of other nations also to oppose, any
transfer to Iran or Iraq of any goods or technology, including dual-use
goods or technology, wherever that transfer could materially contribute
to either country's acquiring chemical, biological, nuclear, or destabilizing
numbers and types of advanced conventional weapons.
(b) Sanctions.--
(1) In the furtherance of this policy, the President shall apply sanctions
and controls with respect to Iran, Iraq, and those nations and persons
who assist them in acquiring weapons of mass destruction in accordance
with the Foreign Assistance Act of 1961 [22 U.S.C. 2151 et seq.], the Nuclear
Non-Proliferation Act of 1978 [22 U.S.C. 3201 et seq.], the Chemical and
Biological Weapons Control and Warfare Elimination Act of 1991 [22 U.S.C.
5601 et seq.], chapter 7 of the Arms Export Control Act [22 U.S.C. 2797
et seq.], and other relevant statutes, regarding the non-proliferation
of weapons of mass destruction and the means of their delivery.
(2) The President should also urgently seek the agreement of other nations
to adopt and institute, at the earliest practicable date, sanctions and
controls comparable to those the United States is obligated to apply under
this subsection.
(c) Public Identification.--The Congress calls on the President to identify
publicly (in the report required by section 1607) any country or person
that transfers goods or technology to Iran or Iraq contrary to the policy
set forth in subsection (a).
SEC. 1603. APPLICATION TO IRAN OF CERTAIN IRAQ SANCTIONS.
The sanctions against Iraq specified in paragraphs (1) through (4) of
section 586G(a) of the Iraq Sanctions Act of 1990 (as contained in
Public Law 101-513) [set out below], including denial of export licenses
for United States persons and prohibitions on United States Government
sales, shall be applied to the same extent and in the same manner with
respect to Iran.
SEC. 1604. SANCTIONS AGAINST CERTAIN PERSONS.
(a) Prohibition.--If any person transfers or retransfers goods or technology
so as to contribute knowingly and materially to the efforts
by Iran or Iraq (or any agency or instrumentality of either such country)
to acquire destabilizing numbers and types of advanced conventional weapons,
then the sanctions described in subsection (b) shall be imposed.
(b) Mandatory Sanctions.--The sanctions to be imposed pursuant to subsection
(a) are as follows:
(1) Procurement sanction.--For a period of two years, the United States
Government shall not procure, or enter into any contract for the procurement
of, any goods or services from the sanctioned person.
(2) Export sanction.--For a period of two years, the United States Government
shall not issue any license for any export by or to the sanctioned person.
SEC. 1605. SANCTIONS AGAINST CERTAIN FOREIGN COUNTRIES.
(a) Prohibition.--If the President determines that the government of
any foreign country transfers or retransfers goods or technology so as
to contribute knowingly and materially to the efforts by Iran or Iraq (or
any agency or instrumentality of either such country) to acquire destabilizing
numbers and types of advanced conventional weapons, then--
(1) the sanctions described in subsection (b) shall be imposed on such
country; and
(2) in addition, the President may apply, in the discretion of the President,
the sanction described in subsection (c).
(b) Mandatory Sanctions.--Except as provided in paragraph (2), the sanctions
to be imposed pursuant to subsection (a)(1) are as follows:
(1) Suspension of united states assistance.--The United States Government
shall suspend, for a period of one year, United States assistance to the
sanctioned country.
(2) Multilateral development bank assistance.--The Secretary of the
Treasury shall instruct the United States Executive Director to each appropriate
international financial institution to oppose, and vote against, for a
period of one year, the extension by such institution of any loan or financial
or technical assistance to the sanctioned country.
(3) Suspension of codevelopment or coproduction agreements.--The United
States shall suspend, for a period of one year, compliance with its obligations
under any memorandum of understanding with the sanctioned country for the
codevelopment or coproduction of any item on the United States Munitions
List (established under section 38 of the Arms Export Control Act [22 U.S.C.
2778]), including any obligation for implementation of the memorandum of
understanding through the sale to the sanctioned country of technical data
or assistance or the licensing for export to the sanctioned country of
any component part.
(4) Suspension of military and dual-use technical exchange agreements.--The
United States shall suspend, for a period of one year, compliance with
its obligations under any technical exchange agreement involving military
and dual-use technology between the United States and the sanctioned country
that does not directly contribute to the security of the United States,
and no military or dual-use technology may be exported from the United
States to the sanctioned country pursuant to that agreement during that
period.
(5) United states munitions list.--No item on the United States Munitions
List (established pursuant to section 38 of the Arms Export Control Act)
may be exported to the sanctioned country for a period of one year.
(c) Discretionary Sanction.--The sanction referred to in subsection
(a)(2) is as follows:
(1) Use of authorities of international emergency economic powers act.--Except
as provided in paragraph (2), the President may exercise, in accordance
with the provisions of that Act [50 U.S.C. 1701 et seq.], the authorities
of the International Emergency Economic Powers Act with respect to the
sanctioned country.
(2) Exception.--Paragraph (1) does not apply with respect to urgent
humanitarian assistance.
SEC. 1606. WAIVER.
The President may waive the requirement to impose a sanction described
in section 1603, in the case of Iran, or a sanction described in section
1604(b) or 1605(b), in the case of Iraq and Iran, 15 days after the President
determines and so reports to the Committees on Armed Services and Foreign
Relations of the Senate and the Committees on Armed Services [now Committee
on National Security] and Foreign Affairs [now Committee on International
Relations] of the House of Representatives that it is essential to the
national interest of the United States to exercise such waiver authority.
Any such report shall provide a specific and detailed rationale for such
determination.
SEC. 1607. REPORTING REQUIREMENT.
(a) Annual Report.--Beginning one year after the date of the enactment
of this Act [Oct. 23, 1992], and every 12 months thereafter, the President
shall submit to the Committees on Armed Services and Foreign Relations
of the Senate and the Committees on Armed Services [now Committee on National
Security] and Foreign Affairs [now Committee on International Relations]
of the House of Representatives a report detailing--
(1) all transfers or retransfers made by any person or foreign government
during the preceding 12-month period which are subject to any sanction
under this title; and
(2) the actions the President intends to undertake or has undertaken
pursuant to this title with respect to each such transfer.
(b) Report on Individual Transfers.--Whenever the President determines
that a person or foreign government has made a transfer which is subject
to any sanction under this title, the President shall, within 30 days after
such transfer, submit to the Committees on Armed Services and Foreign Relations
of the Senate and the Committees on Armed Services [now Committee on National
Security] and Foreign Affairs [now Committee on International Relations]
of the House of Representatives a report--
(1) identifying the person or government and providing the details of
the transfer; and
(2) describing the actions the President intends to undertake or has
undertaken under the provisions of this title with respect to each such
transfer.
(c) Form of Transmittal.--Reports required by this section may be submitted
in classified as well as in unclassified form.
SEC. 1608. DEFINITIONS.
For purposes of this title:
(1) The term `advanced conventional weapons' includes--
(A) such long-range precision-guided munitions, fuel air explosives,
cruise missiles, low observability aircraft, other radar evading aircraft,
advanced military aircraft, military satellites, electromagnetic weapons,
and laser weapons as the President determines destabilize the military
balance or enhance offensive capabilities in destabilizing ways;
(B) such advanced command, control, and communications systems, electronic
warfare systems, or intelligence collection systems as the President determines
destabilize the military balance or enhance offensive capabilities in destabilizing
ways; and
(C) such other items or systems as the President may, by regulation,
determine necessary for purposes of this title.
(2) The term `cruise missile' means guided missiles that use aerodynamic
lift to offset gravity and propulsion to counteract drag.
(3) The term `goods or technology' means--
(A) any article, natural or manmade substance, material, supply, or
manufactured product, including inspection and test equipment; and
(B) any information and know-how (whether in tangible form, such as
models, prototypes, drawings, sketches, diagrams, blueprints, or manuals,
or in intangible form, such as training or technical services) that can
be used to design, produce, manufacture, utilize, or reconstruct goods,
including computer software and technical data.
(4) The term `person' means any United States or foreign individual,
partnership, corporation, or other form of association, or any of their
successor entities, parents, or subsidiaries.
(5) The term `sanctioned country' means a country against which sanctions
are required to be imposed pursuant to section 1605.
(6) The term `sanctioned person' means a person that makes a transfer
described in section 1604(a).
(7) The term `United States assistance' means--
(A) any assistance under the Foreign Assistance Act of 1961 [22 U.S.C.
2151 et seq.], other than--
(i) urgent humanitarian assistance or medicine, and
(ii) assistance under chapter 11 of part I [22 U.S.C. 2295 et seq.]
(as enacted by the Freedom for Russia and Emerging Eurasian Democracies
and Open Markets Support Act of 1992 [see Short Title note set out under
section 5801 of Title 22, Foreign Relations and Intercourse]);
(B) sales and assistance under the Arms Export Control Act [22 U.S.C.
2751 et seq.];
(C) financing by the Commodity Credit Corporation for export sales of
agricultural commodities; and
(D) financing under the Export-Import Bank Act [of 1945] [22 U.S.C.
635 et seq.].'
[Memorandum of President of the United States, Sept. 27, 1994, 59 F.R.
50685, delegated to Secretary of State, in consultation with heads of other
departments and agencies, all functions vested in President under title
XVI of Pub. L. 102-484, set out above, without limitation of authority
of other officials to exercise powers heretofore or hereafter delegated
to them to implement sanctions imposed or actions directed by the Secretary
pursuant to this delegation of authority.]
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