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CITE

    50 USC Sec. 1701                                            01/08/2008

EXPCITE

    TITLE 50 - WAR AND NATIONAL DEFENSE
    CHAPTER 35 - INTERNATIONAL EMERGENCY ECONOMIC POWERS

HEAD

    Sec. 1701. Unusual and extraordinary threat; declaration of
      national emergency; exercise of Presidential authorities

STATUTE

      (a) Any authority granted to the President by section 1702 of
    this title may be exercised to deal with any unusual and
    extraordinary threat, which has its source in whole or substantial
    part outside the United States, to the national security, foreign
    policy, or economy of the United States, if the President declares
    a national emergency with respect to such threat.
      (b) The authorities granted to the President by section 1702 of
    this title may only be exercised to deal with an unusual and
    extraordinary threat with respect to which a national emergency has
    been declared for purposes of this chapter and may not be exercised
    for any other purpose. Any exercise of such authorities to deal
    with any new threat shall be based on a new declaration of national
    emergency which must be with respect to such threat.

SOURCE

    (Pub. L. 95-223, title II, Sec. 202, Dec. 28, 1977, 91 Stat. 1626.)

MISCELLANEOUS

                       SHORT TITLE OF 2007 AMENDMENT
      Pub. L. 110-96, Sec. 1, Oct. 16, 2007, 121 Stat. 1011, provided
    that: "This Act [amending section 1705 of this title and enacting
    provisions set out as a note under section 1705 of this title] may
    be cited as the 'International Emergency Economic Powers
    Enhancement Act'."
                       SHORT TITLE OF 2006 AMENDMENT
      Pub. L. 109-353, Sec. 1, Oct. 13, 2006, 120 Stat. 2015, provided
    that: "This Act [amending provisions set out as a note below] may
    be cited as the 'North Korea Nonproliferation Act of 2006'."
      Pub. L. 109-293, Sec. 1, Sept. 30, 2006, 120 Stat. 1344, provided
    that: "This Act [amending section 5318A of Title 31, Money and
    Finance, enacting provisions set out as notes under this section
    and section 2151 of Title 22, Foreign Relations and Intercourse,
    and amending provisions set out as a note under this section] may
    be cited as the 'Iran Freedom Support Act'."
                       SHORT TITLE OF 2005 AMENDMENT
      Pub. L. 109-112, Sec. 1, Nov. 22, 2005, 119 Stat. 2366, provided
    that: "This Act [enacting provisions set out as a note under this
    section and amending provisions set out as notes under this section
    and section 2797b of Title 22, Foreign Relations and Intercourse]
    may be cited as the 'Iran Nonproliferation Amendments Act of
    2005'."
                       SHORT TITLE OF 2001 AMENDMENT
      Pub. L. 107-24, Sec. 1, Aug. 3, 2001, 115 Stat. 199, provided
    that: "This Act [enacting and amending provisions set out as notes
    below] may be cited as the 'ILSA Extension Act of 2001'."
                                SHORT TITLE
      Section 201 of title II of Pub. L. 95-223 provided that: "This
    title [enacting this chapter] may be cited as the 'International
    Emergency Economic Powers Act'."
                               SEPARABILITY
      Section 208 of Pub. L. 95-223 provided that: "If any provision of
    this Act [enacting this chapter] is held invalid, the remainder of
    the Act shall not be affected thereby."
                    SUDAN ACCOUNTABILITY AND DIVESTMENT
      Pub. L. 110-174, Dec. 31, 2007, 121 Stat. 2516, provided that:
      "SECTION 1. SHORT TITLE.
      "This Act may be cited as the 'Sudan Accountability and
    Divestment Act of 2007'.
      "SEC. 2. DEFINITIONS.
      "In this Act:
        "(1) Appropriate congressional committees. - The term
      'appropriate congressional committees' means -
          "(A) the Committee on Banking, Housing, and Urban Affairs,
        the Committee on Foreign Relations, and the Select Committee on
        Intelligence of the Senate; and
          "(B) the Committee on Financial Services, the Committee on
        Foreign Affairs, and the Permanent Select Committee on
        Intelligence of the House of Representatives.
        "(2) Business operations. - The term 'business operations'
      means engaging in commerce in any form in Sudan, including by
      acquiring, developing, maintaining, owning, selling, possessing,
      leasing, or operating equipment, facilities, personnel, products,
      services, personal property, real property, or any other
      apparatus of business or commerce.
        "(3) Executive agency. - The term 'executive agency' has the
      meaning given the term in section 4 of the Office of Federal
      Procurement Policy Act (41 U.S.C. 403).
        "(4) Government of sudan. - The term 'Government of Sudan' -
          "(A) means the government in Khartoum, Sudan, which is led by
        the National Congress Party (formerly known as the National
        Islamic Front) or any successor government formed on or after
        October 13, 2006 (including the coalition National Unity
        Government agreed upon in the Comprehensive Peace Agreement for
        Sudan); and
          "(B) does not include the regional government of southern
        Sudan.
        "(5) Marginalized populations of sudan. - The term
      'marginalized populations of Sudan' refers to -
          "(A) adversely affected groups in regions authorized to
        receive assistance under section 8(c) of the Darfur Peace and
        Accountability Act [of 2006] (Public Law 109-344; 50 U.S.C.
        1701 note); and
          "(B) marginalized areas in Northern Sudan described in
        section 4(9) of such Act.
        "(6) Military equipment. - The term 'military equipment' means -
          "(A) weapons, arms, military supplies, and equipment that
        readily may be used for military purposes, including radar
        systems or military-grade transport vehicles; or
          "(B) supplies or services sold or provided directly or
        indirectly to any force actively participating in armed
        conflict in Sudan.
        "(7) Mineral extraction activities. - The term 'mineral
      extraction activities' means exploring, extracting, processing,
      transporting, or wholesale selling or trading of elemental
      minerals or associated metal alloys or oxides (ore), including
      gold, copper, chromium, chromite, diamonds, iron, iron ore,
      silver, tungsten, uranium, and zinc.
        "(8) Oil-related activities. -
          "(A) In general. - Except as provided in subparagraph (B),
        the term 'oil-related activities' means -
            "(i) exporting, extracting, producing, refining,
          processing, exploring for, transporting, selling, or trading
          oil; and
            "(ii) constructing, maintaining, or operating a pipeline,
          refinery, or other oilfield infrastructure.
          "(B) Exclusions. - A person shall not be considered to be
        involved in an oil-related activity if -
            "(i) the person is involved in the retail sale of gasoline
          or related consumer products in Sudan but is not involved in
          any other activity described in subparagraph (A); or
            "(ii) the person is involved in leasing, or owns, rights to
          an oil block in Sudan but is not involved in any other
          activity described in subparagraph (A).
        "(9) Person. - The term 'person' means -
          "(A) a natural person, corporation, company, business
        association, partnership, society, trust, any other
        nongovernmental entity, organization, or group;
          "(B) any governmental entity or instrumentality of a
        government, including a multilateral development institution
        (as defined in section 1701(c)(3) of the International
        Financial Institutions Act (22 U.S.C. 262r(c)(3))); and
          "(C) any successor, subunit, parent company or subsidiary of
        any entity described in subparagraph (A) or (B).
        "(10) Power production activities. - The term 'power production
      activities' means any business operation that involves a project
      commissioned by the National Electricity Corporation of Sudan or
      other similar entity of the Government of Sudan whose purpose is
      to facilitate power generation and delivery, including
      establishing power-generating plants or hydroelectric dams,
      selling or installing components for the project, or providing
      service contracts related to the installation or maintenance of
      the project.
        "(11) State. - The term 'State' means each of the several
      States, the District of Columbia, the Commonwealth of Puerto
      Rico, the United States Virgin Islands, Guam, American Samoa, and
      the Commonwealth of the Northern Mariana Islands.
        "(12) State or local government. - The term 'State or local
      government' includes -
          "(A) any State and any agency or instrumentality thereof;
          "(B) any local government within a State, and any agency or
        instrumentality thereof;
          "(C) any other governmental instrumentality; and
          "(D) any public institution of higher education within the
        meaning of the Higher Education Act of 1965 (20 U.S.C. 1001 et
        seq.).
      "SEC. 3. AUTHORITY OF STATE AND LOCAL GOVERNMENTS TO DIVEST FROM
        CERTAIN COMPANIES DIRECTLY INVESTED IN CERTAIN SUDANESE
        SECTORS.
      "(a) Sense of Congress. - It is the sense of Congress that the
    United States Government should support the decision of any State
    or local government to divest from, or to prohibit the investment
    of assets of the State or local government in, a person that the
    State or local government determines poses a financial or
    reputational risk.
      "(b) Authority To Divest. - Notwithstanding any other provision
    of law, a State or local government may adopt and enforce measures
    that meet the requirements of subsection (e) to divest the assets
    of the State or local government from, or prohibit investment of
    the assets of the State or local government in, persons that the
    State or local government determines, using credible information
    available to the public, are conducting or have direct investments
    in business operations described in subsection (d).
      "(c) Notice to Department of Justice. - Not later than 30 days
    after adopting a measure pursuant to subsection (b), a State or
    local government shall submit written notice to the Attorney
    General describing the measure.
      "(d) Business Operations Described. -
        "(1) In general. - Business operations described in this
      subsection are business operations in Sudan that include power
      production activities, mineral extraction activities, oil-related
      activities, or the production of military equipment.
        "(2) Exceptions. - Business operations described in this
      subsection do not include business operations that the person
      conducting the business operations can demonstrate -
          "(A) are conducted under contract directly and exclusively
        with the regional government of southern Sudan;
          "(B) are conducted under a license from the Office of Foreign
        Assets Control, or are expressly exempted under Federal law
        from the requirement to be conducted under such a license;
          "(C) consist of providing goods or services to marginalized
        populations of Sudan;
          "(D) consist of providing goods or services to an
        internationally recognized peacekeeping force or humanitarian
        organization;
          "(E) consist of providing goods or services that are used
        only to promote health or education; or
          "(F) have been voluntarily suspended.
      "(e) Requirements. - Any measure taken by a State or local
    government under subsection (b) shall meet the following
    requirements:
        "(1) Notice. - The State or local government shall provide
      written notice and an opportunity to comment in writing to each
      person to whom a measure is to be applied.
        "(2) Timing. - The measure shall apply to a person not earlier
      than the date that is 90 days after the date on which written
      notice is provided to the person under paragraph (1).
        "(3) Applicability. - The measure shall not apply to a person
      that demonstrates to the State or local government that the
      person does not conduct or have direct investments in business
      operations described in subsection (d).
        "(4) Sense of congress on avoiding erroneous targeting. - It is
      the sense of Congress that a State or local government should not
      adopt a measure under subsection (b) with respect to a person
      unless the State or local government has made every effort to
      avoid erroneously targeting the person and has verified that the
      person conducts or has direct investments in business operations
      described in subsection (d).
      "(f) Definitions. - In this section:
        "(1) Investment. - The 'investment' of assets, with respect to
      a State or local government, includes -
          "(A) a commitment or contribution of assets;
          "(B) a loan or other extension of credit of assets; and
          "(C) the entry into or renewal of a contract for goods or
        services.
        "(2) Assets. -
          "(A) In general. - Except as provided in subparagraph (B),
        the term 'assets' refers to public monies and includes any
        pension, retirement, annuity, or endowment fund, or similar
        instrument, that is controlled by a State or local government.
          "(B) Exception. - The term 'assets' does not include employee
        benefit plans covered by title I of the Employee Retirement
        Income Security Act of 1974 (29 U.S.C. 1001 et seq.).
      "(g) Nonpreemption. - A measure of a State or local government
    authorized under subsection (b) is not preempted by any Federal law
    or regulation.
      "(h) Effective Date. -
        "(1) In general. - Except as provided in paragraph (2), this
      section applies to measures adopted by a State or local
      government before, on, or after the date of the enactment of this
      Act [Dec. 31, 2007].
        "(2) Notice requirements. - Subsections (c) and (e) apply to
      measures adopted by a State or local government on or after the
      date of the enactment of this Act.
      "SEC. 4. SAFE HARBOR FOR CHANGES OF INVESTMENT POLICIES BY ASSET
        MANAGERS.
      "(a) In General. - [Amended section 80a-13 of Title 15, Commerce
    and Trade]
      "(b) SEC Regulations. - Not later than 120 days after the date of
    the enactment of this Act [Dec. 31, 2007], the Securities and
    Exchange Commission shall prescribe regulations, in the public
    interest and for the protection of investors, to require disclosure
    by each registered investment company that divests itself of
    securities in accordance with section 13(c) of the Investment
    Company Act of 1940 [15 U.S.C. 80a-13(c)]. Such rules shall require
    the disclosure to be included in the next periodic report filed
    with the Commission under section 30 of such Act (15 U.S.C. 80a-29)
    following such divestiture.
      "SEC. 5. SENSE OF CONGRESS REGARDING CERTAIN ERISA PLAN
        INVESTMENTS.
      "It is the sense of Congress that a fiduciary of an employee
    benefit plan, as defined in section 3(3) of the Employee Retirement
    Income Security Act of 1974 (29 U.S.C. 1002(3)), may divest plan
    assets from, or avoid investing plan assets in, any person the
    fiduciary determines is conducting or has direct investments in
    business operations in Sudan described in section 3(d) of this Act,
    without breaching the responsibilities, obligations, or duties
    imposed upon the fiduciary by section 404 of the Employee
    Retirement Income Security Act of 1974 (29 U.S.C. 1104), if -
        "(1) the fiduciary makes such determination using credible
      information that is available to the public; and
        "(2) such divestment or avoidance of investment is conducted in
      accordance with section 2509.94-1 of title 29, Code of Federal
      Regulations (as in effect on the day before the date of the
      enactment of this Act [Dec. 31, 2007]).
      "SEC. 6. PROHIBITION ON UNITED STATES GOVERNMENT CONTRACTS.
      "(a) Certification Requirement. - The head of each executive
    agency shall ensure that each contract entered into by such
    executive agency for the procurement of goods or services includes
    a clause that requires the contractor to certify to the contracting
    officer that the contractor does not conduct business operations in
    Sudan described in section 3(d).
      "(b) Remedies. -
        "(1) In general. - The head of an executive agency may impose
      remedies as provided in this subsection if the head of the
      executive agency determines that the contractor has submitted a
      false certification under subsection (a) after the date the
      Federal Acquisition Regulation is amended under subsection (e) to
      implement the requirements of this section.
        "(2) Termination. - The head of an executive agency may
      terminate a covered contract upon the determination of a false
      certification under paragraph (1).
        "(3) Suspension and debarment. - The head of an executive
      agency may debar or suspend a contractor from eligibility for
      Federal contracts upon the determination of a false certification
      under paragraph (1). The debarment period may not exceed 3 years.
        "(4) Inclusion on list of parties excluded from federal
      procurement and nonprocurement programs. - The Administrator of
      General Services shall include on the List of Parties Excluded
      from Federal Procurement and Nonprocurement Programs maintained
      by the Administrator under part 9 of the Federal Acquisition
      Regulation issued under section 25 of the Office of Federal
      Procurement Policy Act (41 U.S.C. 421) each contractor that is
      debarred, suspended, proposed for debarment or suspension, or
      declared ineligible by the head of an executive agency on the
      basis of a determination of a false certification under paragraph
      (1).
        "(5) Rule of construction. - This section shall not be
      construed to limit the use of other remedies available to the
      head of an executive agency or any other official of the Federal
      Government on the basis of a determination of a false
      certification under paragraph (1).
      "(c) Waiver. -
        "(1) In general. - The President may waive the requirement of
      subsection (a) on a case-by-case basis if the President
      determines and certifies in writing to the appropriate
      congressional committees that it is in the national interest to
      do so.
        "(2) Reporting requirement. - Not later than April 15, 2008,
      and semi-annually thereafter, the Administrator for Federal
      Procurement Policy shall submit to the appropriate congressional
      committees a report on waivers granted under paragraph (1).
      "(d) Implementation Through the Federal Acquisition Regulation. -
    Not later than 120 days after the date of the enactment of this Act
    [Dec. 31, 2007], the Federal Acquisition Regulatory Council shall
    amend the Federal Acquisition Regulation issued pursuant to section
    25 of the Office of Federal Procurement Policy Act (41 U.S.C. 421)
    to provide for the implementation of the requirements of this
    section.
      "(e) Report. - Not later than one year after the date the Federal
    Acquisition Regulation is amended under subsection (e) to implement
    the requirements of this section, the Administrator of General
    Services, with the assistance of other executive agencies, shall
    submit to the Office of Management and Budget and the appropriate
    congressional committees a report on the actions taken under this
    section.
      "SEC. 7. SENSE OF CONGRESS ON EFFORTS BY OTHER COUNTRIES.
      "It is the sense of Congress that the governments of all other
    countries should adopt measures, similar to those contained in this
    Act, to publicize the activities of all persons that, through their
    financial dealings, knowingly or unknowingly enable the Government
    of Sudan to continue to oppress and commit genocide against people
    in the Darfur region and other regions of Sudan, and to authorize
    divestment from, and the avoidance of further investment in, such
    persons.
      "SEC. 8. SENSE OF CONGRESS ON PEACEKEEPING EFFORTS IN SUDAN.
      "It is the sense of Congress that the President should -
        "(1) continue to work with other members of the international
      community, including the Permanent Members of the United Nations
      Security Council, the African Union, the European Union, the Arab
      League, and the Government of Sudan to facilitate the urgent
      deployment of a peacekeeping force to Sudan; and
        "(2) bring before the United Nations Security Council, and call
      for a vote on, a resolution requiring meaningful multilateral
      sanctions against the Government of Sudan in response to its acts
      of genocide against the people of Darfur and its continued
      refusal to allow the implementation of a peacekeeping force in
      Sudan.
      "SEC. 9. SENSE OF CONGRESS ON THE INTERNATIONAL OBLIGATIONS OF
        THE UNITED STATES.
      "It is the sense of Congress that nothing in this Act -
        "(1) conflicts with the international obligations or
      commitments of the United States; or
        "(2) affects article VI, clause 2, of the Constitution of the
      United States.
      "SEC. 10. REPORTS ON SANCTIONS IN SUPPORT OF PEACE IN DARFUR.
      "(a) In General. - The Secretary of State and the Secretary of
    the Treasury shall submit to the appropriate congressional
    committees a report assessing the effectiveness of sanctions
    imposed with respect to Sudan at the time the Secretary of State
    and the Secretary of the Treasury submits [sic] reports required
    under -
        "(1) the Sudan Peace Act (Public Law 107-245; 50 U.S.C. 1701
      note);
        "(2) the Comprehensive Peace in Sudan Act of 2004 (Public Law
      108-497; 50 U.S.C. 1701 note); and
        "(3) the Darfur Peace and Accountability Act of 2006 (Public
      Law 109-344; 50 U.S.C. 1701 note).
      "(b) Additional Report by the Secretary of the Treasury. - The
    Secretary of the Treasury shall submit to the appropriate
    congressional committees a report assessing the effectiveness of
    sanctions imposed with respect to Sudan under the International
    Emergency Economic Powers Act (50 U.S.C. 1701 et seq.) at the time
    the President submits the reports required by section 204(c) of
    such Act (50 U.S.C. 1703(c)) with respect to Executive Order 13,067
    [13067] (50 U.S.C. 1701 note; relating to blocking property of
    persons in connection with the conflict in Sudan's region of
    Darfur).
      "(c) Contents. - The reports required by subsections (a) and (b)
    shall include -
        "(1) a description of each sanction imposed under a law or
      executive order described in subsection (a) or (b);
        "(2) the name of the person subject to the sanction, if any;
      and
        "(3) whether or not the person subject to the sanction is also
      subject to sanctions imposed by the United Nations.
      "SEC. 11. REPEAL OF REPORTING REQUIREMENT.
      "Section 6305 of the U.S. Troop Readiness, Veterans' Care,
    Katrina Recovery, and Iraq Accountability Appropriations Act, 2007
    (Public Law 110-28; 121 Stat. 172) is repealed.
      "SEC. 12. TERMINATION.
      "The provisions of sections 3, 4, 5, 6, and 10 shall terminate 30
    days after the date on which the President has certified to
    Congress that the Government of Sudan has honored its commitments
    to -
        "(1) abide by United Nations Security Council Resolution 1769
      (2007);
        "(2) cease attacks on civilians;
        "(3) demobilize and demilitarize the Janjaweed and associated
      militias;
        "(4) grant free and unfettered access for delivery of
      humanitarian assistance; and
        "(5) allow for the safe and voluntary return of refugees and
      internally displaced persons."
                      DARFUR PEACE AND ACCOUNTABILITY
      Pub. L. 109-344, Oct. 13, 2006, 120 Stat. 1869, provided that:
      "SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
      "(a) Short Title. - This Act may be cited as the 'Darfur Peace
    and Accountability Act of 2006'.
      "(b) Table of Contents. - [Omitted.]
      "SEC. 2. DEFINITIONS.
      "In this Act:
        "(1) AMIS. - The term 'AMIS' means the African Union Mission in
      Sudan.
        "(2) Appropriate congressional committees. - The term
      'appropriate congressional committees' means the Committee on
      Foreign Relations of the Senate and the Committee on
      International Relations [now Committee on Foreign Affairs] of the
      House of Representatives.
        "(3) Comprehensive peace agreement for sudan. - The term
      'Comprehensive Peace Agreement for Sudan' means the peace
      agreement signed by the Government of Sudan and the SPLM/A in
      Nairobi, Kenya, on January 9, 2005.
        "(4) Darfur peace agreement. - The term 'Darfur Peace
      Agreement' means the peace agreement signed by the Government of
      Sudan and by Minni Minnawi, leader of the Sudan Liberation
      Movement/Army Faction, in Abuja, Nigeria, on May 5, 2006.
        "(5) Government of sudan. - The term 'Government of Sudan' -
          "(A) means -
            "(i) the government in Khartoum, Sudan, which is led by the
          National Congress Party (formerly known as the National
          Islamic Front); or
            "(ii) any successor government formed on or after the date
          of the enactment of this Act [Oct. 13, 2006] (including the
          coalition National Unity Government agreed upon in the
          Comprehensive Peace Agreement for Sudan); and
          "(B) does not include the regional government of Southern
        Sudan.
        "(6) Officials of the government of sudan. - The term 'official
      of the Government of Sudan' does not include any individual -
          "(A) who was not a member of such government before July 1,
        2005; or
          "(B) who is a member of the regional government of Southern
        Sudan.
        "(7) SPLM/A. - The term 'SPLM/A' means the Sudan People's
      Liberation Movement/Army.
      "SEC. 3. FINDINGS.
      "Congress makes the following findings:
        "(1) On July 23, 2004, Congress declared, 'the atrocities
      unfolding in Darfur, Sudan, are genocide'.
        "(2) On September 9, 2004, Secretary of State Colin L. Powell
      stated before the Committee on Foreign Relations of the Senate,
      'genocide has occurred and may still be occurring in Darfur', and
      'the Government of Sudan and the Janjaweed bear responsibility'.
        "(3) On September 21, 2004, in an address before the United
      Nations General Assembly, President George W. Bush affirmed the
      Secretary of State's finding and stated, '[a]t this hour, the
      world is witnessing terrible suffering and horrible crimes in the
      Darfur region of Sudan, crimes my government has concluded are
      genocide'.
        "(4) On July 30, 2004, the United Nations Security Council
      passed Security Council Resolution 1556 (2004), calling upon the
      Government of Sudan to disarm the Janjaweed militias and to
      apprehend and bring to justice Janjaweed leaders and their
      associates who have incited and carried out violations of human
      rights and international humanitarian law, and establishing a ban
      on the sale or supply of arms and related materiel of all types,
      including the provision of related technical training or
      assistance, to all nongovernmental entities and individuals,
      including the Janjaweed.
        "(5) On September 18, 2004, the United Nations Security Council
      passed Security Council Resolution 1564 (2004), determining that
      the Government of Sudan had failed to meet its obligations under
      Security Council Resolution 1556 (2004), calling for a military
      flight ban in and over the Darfur region, demanding the names of
      Janjaweed militiamen disarmed and arrested for verification,
      establishing an International Commission of Inquiry on Darfur to
      investigate violations of international humanitarian and human
      rights laws, and threatening sanctions should the Government of
      Sudan fail to fully comply with Security Council Resolutions 1556
      (2004) and 1564 (2004), including such actions as to affect
      Sudan's petroleum sector or individual members of the Government
      of Sudan.
        "(6) The Report of the International Commission of Inquiry on
      Darfur, submitted to the United Nations Secretary-General on
      January 25, 2005, established that the 'Government of the Sudan
      and the Janjaweed are responsible for serious violations of
      international human rights and humanitarian law amounting to
      crimes under international law,' that 'these acts were conducted
      on a widespread and systematic basis, and therefore may amount to
      crimes against humanity,' and that officials of the Government of
      Sudan and other individuals may have acted with 'genocidal
      intent'.
        "(7) On March 24, 2005, the United Nations Security Council
      passed Security Council Resolution 1590 (2005), establishing the
      United Nations Mission in Sudan (referred to in this section as
      the 'UNMIS'), consisting of up to 10,000 military personnel and
      715 civilian police tasked with supporting the implementation of
      the Comprehensive Peace Agreement for Sudan and to 'closely and
      continuously liaise and coordinate at all levels with the African
      Union Mission in Sudan (AMIS)', which had been established by the
      African Union on May 24, 2004, to monitor the implementation of
      the N'Djamena Humanitarian Ceasefire Agreement, signed on April
      8, 2004, 'with a view towards expeditiously reinforcing the
      effort to foster peace in Darfur'.
        "(8) On March 29, 2005, the United Nations Security Council
      passed Security Council Resolution 1591 (2005), extending the
      military embargo established by Security Council Resolution 1556
      (2004) to all the parties to the N'Djamena Ceasefire Agreement of
      April 8, 2004, and any other belligerents in the states of North
      Darfur, South Darfur, and West Darfur, calling for an asset
      freeze and travel ban against those individuals who impede the
      peace process, constitute a threat to stability in Darfur and the
      region, commit violations of international humanitarian or human
      rights law or other atrocities, are responsible for offensive
      military overflights, or violate the military embargo, and
      establishing a Committee of the Security Council and a panel of
      experts to assist in monitoring compliance with Security Council
      Resolutions 1556 (2004) and 1591 (2005).
        "(9) On March 31, 2005, the United Nations Security Council
      passed Security Council Resolution 1593 (2005), referring the
      situation in Darfur since July 1, 2002, to the prosecutor of the
      International Criminal Court and calling on the Government of
      Sudan and all parties to the conflict to cooperate fully with the
      Court.
        "(10) On July 30, 2005, Dr. John Garang de Mabior, the newly
      appointed Vice President of Sudan and the leader of the SPLM/A
      for the past 21 years, was killed in a tragic helicopter crash in
      Southern Sudan, sparking riots in Khartoum and challenging the
      commitment of all Sudanese to the Comprehensive Peace Agreement
      for Sudan.
        "(11) On January 12, 2006, the African Union Peace and Security
      Council issued a communique endorsing, in principle, a transition
      from AMIS to a United Nations peacekeeping operation and
      requested the Chairperson of the Council to initiate
      consultations with the United Nations and other stakeholders
      toward this end.
        "(12) On February 3, 2006, the United Nations Security Council
      issued a Presidential Statement authorizing the initiation of
      contingency planning for a transition from AMIS to a United
      Nations peacekeeping operation.
        "(13) On March 10, 2006, the African Union Peace and Security
      Council extended the mandate of AMIS, which had reached a force
      size of 7,000, to September 30, 2006, while simultaneously
      endorsing the transition of AMIS to a United Nations peacekeeping
      operation and setting April 30, 2006 as the deadline for reaching
      an agreement to resolve the crisis in Darfur.
        "(14) On March 24, 2006, the United Nations Security Council
      passed Security Council Resolution 1663 (2006), which -
          "(A) welcomes the African Peace and Security Council's March
        10, 2006 communique; and
          "(B) requests that the United Nations Secretary-General,
        jointly with the African Union and in consultation with the
        parties to the Abuja Peace Talks, expedite planning for the
        transition of AMIS to a United Nations peacekeeping operation.
        "(15) On March 29, 2006, during a speech at Freedom House,
      President Bush called for a transition to a United Nations
      peacekeeping operation and 'additional forces with a NATO overlay
      . . . to provide logistical and command-and-control and airlift
      capacity, but also to send a clear signal to parties involved
      that the west is determined to help effect a settlement.'.
        "(16) On April 25, 2006, the United Nations Security Council
      passed Security Council Resolution 1672 (2006), unanimously
      imposing targeted financial sanctions and travel restrictions on
      4 individuals who had been identified as those who, among other
      acts, 'impede the peace process, constitute a threat to stability
      in Darfur and the region, commit violations of international
      humanitarian or human rights law or other atrocities', including
      the Commander of the Western Military Region for the armed forces
      of Sudan, the Paramount Chief of the Jalul Tribe in North Darfur,
      the Commander of the Sudan Liberation Army, and the Field
      Commander of the National Movement for Reform and Development.
        "(17) On May 5, 2006, under the auspices of African Union
      mediation and the direct engagement of the international
      community, including the United States, the Government of Sudan
      and the largest rebel faction in Darfur, the Sudan Liberation
      Movement, led by Minni Minnawi, signed the Darfur Peace
      Agreement, which addresses security, power sharing, and wealth
      sharing issues between the parties.
        "(18) In August 2006, the Sudanese government began to amass
      military forces and equipment in the Darfur region in
      contravention of the Darfur Peace Agreement to which they are
      signatories in what appears to be preliminary to full scale war.
        "(19) On August 30, 2006, the United Nations Security Council
      passed Security Council Resolution 1706 (2006), without dissent
      and with abstentions by China, Russian Federation, and Qatar,
      thereby asserting that the existing United Nations Mission in
      Sudan 'shall take over from AMIS responsibility for supporting
      the implementation of the Darfur Peace Agreement upon the
      expiration of AMIS' mandate but in any event no later than 31
      December 2006', and that UNMIS 'shall be strengthened by up to
      17,300 military personnel . . . 3,300 civilian police personnel
      and up to 16 Formed Police Units', which 'shall begin to be
      deployed [to Darfur] no later than 1 October 2006'.
        "(20) Between August 30 and September 3, 2006, President Bashir
      and other senior members of his administration have publicly
      rejected United Nations Security Council Resolution 1706 (2006),
      calling it illegal and a western invasion of his country, despite
      the current presence of 10,000 United Nations peacekeepers under
      the UNMIS peacekeeping force.
        "(21) Since 1993, the Secretary of State has determined,
      pursuant to section 6(j) of the Export Administration Act of 1979
      (50 App. U.S.C. 2405(j)), that Sudan is a country, the government
      of which has repeatedly provided support for acts of
      international terrorism, thereby restricting United States
      assistance, defense exports and sales, and financial and other
      transactions with the Government of Sudan.
      "SEC. 4. SENSE OF CONGRESS.
      "It is the sense of Congress that -
        "(1) the genocide unfolding in the Darfur region of Sudan is
      characterized by acts of terrorism and atrocities directed
      against civilians, including mass murder, rape, and sexual
      violence committed by the Janjaweed and associated militias with
      the complicity and support of the National Congress Party-led
      faction of the Government of Sudan;
        "(2) all parties to the conflict in the Darfur region have
      continued to violate the N'Djamena Ceasefire Agreement of April
      8, 2004, and the Abuja Protocols of November 9, 2004, and
      violence against civilians, humanitarian aid workers, and
      personnel of AMIS is increasing;
        "(3) the African Union should immediately make all necessary
      preparations for an orderly transition to a United Nations
      peacekeeping operation, which will maintain an appropriate level
      of African participation, with a mandate to protect civilians and
      humanitarian operations, assist in the implementation of the
      Darfur Peace Agreement, and deter violence in the Darfur region;
        "(4) the international community, including the United States
      and the European Union, should immediately act to mobilize
      sufficient political, military, and financial resources through
      the United Nations and the North Atlantic Treaty Organization, to
      support the transition of AMIS to a United Nations peacekeeping
      operation with the size, strength, and capacity necessary to
      protect civilians and humanitarian operations, to assist with the
      implementation of the Darfur Peace Agreement, and to end the
      continued violence in the Darfur region;
        "(5) if an expanded and reinforced AMIS or subsequent United
      Nations peacekeeping operation fails to stop genocide in the
      Darfur region, the international community should take additional
      measures to prevent and suppress acts of genocide in the Darfur
      region;
        "(6) acting under article 5 of the Charter of the United
      Nations, the United Nations Security Council should call for
      suspension of the Government of Sudan's rights and privileges of
      membership by the General Assembly until such time as the
      Government of Sudan has honored pledges to cease attacks upon
      civilians, demobilize and demilitarize the Janjaweed and
      associated militias, and grant free and unfettered access for
      deliveries of humanitarian assistance in the Darfur region;
        "(7) the President should use all necessary and appropriate
      diplomatic means to ensure the full discharge of the
      responsibilities of the Committee of the United Nations Security
      Council and the panel of experts established pursuant to section
      3(a) of Security Council Resolution 1591 (2005);
        "(8) the President should direct the United States Permanent
      Representative to the United Nations to use the voice, vote, and
      influence of the United States to urge the adoption of a
      resolution by the United Nations Security Council that -
          "(A) extends the military embargo established by United
        Nations Security Resolutions 1556 (2004) and 1591 (2005) to
        include a total ban on the sale or supply of offensive military
        equipment to the Government of Sudan, except for use in an
        internationally recognized demobilization program or for
        nonlethal assistance necessary to carry out elements of the
        Comprehensive Peace Agreement for Sudan or the Darfur Peace
        Agreement; and
          "(B) calls upon those member states of the United Nations
        that continue to undermine efforts to foster peace in Sudan by
        providing military assistance to the Government of Sudan,
        government supported militias, or any rebel group operating in
        Darfur in violation of the embargo on such assistance and
        equipment, as called for in United Nations Security Council
        Resolutions 1556 (2004) and 1591 (2005), to immediately cease
        and desist.
        "(9) the United States should not provide assistance to the
      Government of Sudan, other than assistance necessary for the
      implementation of the Comprehensive Peace Agreement for Sudan and
      the Darfur Peace Agreement, the support of the regional
      Government of Southern Sudan, the Transitional Darfur Regional
      Authority, and marginalized areas in Northern Sudan (including
      the Nuba Mountains, Southern Blue Nile, Abyei, Eastern Sudan
      (Beja), Darfur, and Nubia), or for humanitarian purposes in
      Sudan, until the Government of Sudan has honored pledges to cease
      attacks upon civilians, demobilize and demilitarize the Janjaweed
      and associated militias, grant free and unfettered access for
      deliveries of humanitarian assistance in the Darfur region, and
      allow for the safe and voluntary return of refugees and
      internally displaced persons;
        "(10) the President should seek to assist members of the
      Sudanese diaspora in the United States by establishing a student
      loan forgiveness program for those individuals who commit to
      return to Southern Sudan for a period of not less than 5 years
      for the purpose of contributing professional skills needed for
      the reconstruction of Southern Sudan;
        "(11) the Presidential Special Envoy for Sudan should be
      provided with appropriate resources and a clear mandate to -
          "(A) provide stewardship of efforts to implement the
        Comprehensive Peace Agreement for Sudan and the Darfur Peace
        Agreement;
          "(B) seek ways to bring stability and peace to the Darfur
        region;
          "(C) address instability elsewhere in Sudan, Chad, and
        northern Uganda; and
          "(D) pursue a truly comprehensive peace throughout the
        region;
        "(12) the international community should strongly condemn
      attacks against humanitarian workers and African Union personnel,
      and the forcible recruitment of refugees and internally displaced
      persons from camps in Chad and Sudan, and demand that all armed
      groups in the region, including the forces of the Government of
      Sudan, the Janjaweed, associated militias, the Sudan Liberation
      Movement/Army, the Justice and Equality Movement, the National
      Movement for Reform and Development (NMRD), and all other armed
      groups refrain from such activities;
        "(13) the United States should fully support the Comprehensive
      Peace Agreement for Sudan and the Darfur Peace Agreement and urge
      rapid implementation of their terms;
        "(14) the May 5, 2006[,] signing of the Darfur Peace Agreement
      between the Government of Sudan and the Sudan Liberation Movement
      was a positive development in a situation that has seen little
      political progress in 2 years and should be seized upon by all
      sides to begin the arduous process of post-conflict
      reconstruction, restitution, justice, and reconciliation; and
        "(15) the new leadership of the Sudan People's Liberation
      Movement (referred to in this paragraph as 'SPLM') should -
          "(A) seek to transform SPLM into an inclusive, transparent,
        and democratic body;
          "(B) reaffirm the commitment of SPLM to -
            "(i) bring peace to Southern Sudan, the Darfur region, and
          Eastern Sudan; and
            "(ii) eliminate safe haven for regional rebel movements,
          such as the Lord's Resistance Army; and
          "(C) remain united in the face of efforts to undermine SPLM.
      "SEC. 5. SANCTIONS IN SUPPORT OF PEACE IN DARFUR.
      "(a) Blocking of Assets and Restriction on Visas. - [Amended Pub.
    L. 108-497, set out below.]
      "(b) Waiver. - [Amended Pub. L. 108-497, set out below.]
      "(c) Sanctions Against Janjaweed Commanders and Coordinators or
    Other Individuals. - It is the sense of Congress, that the
    President should immediately impose the sanctions described in
    section 6(c) of the Comprehensive Peace in Sudan Act of 2004 [Pub.
    L. 108-497, set out below], as added by subsection (a), against any
    individual, including the Janjaweed commanders and coordinators,
    identified as those who, among other acts, 'impede the peace
    process, constitute a threat to stability in Darfur and the region,
    commit violations of international humanitarian or human rights law
    or other atrocities'.
      "SEC. 6. ADDITIONAL AUTHORITIES TO DETER AND SUPPRESS GENOCIDE IN
        DARFUR.
      "(a) Presidential Assistance To Support AMIS. - Subject to
    subsection (b) and notwithstanding any other provision of law, the
    President is authorized to provide AMIS with -
        "(1) assistance for any expansion of the mandate, size,
      strength, and capacity to protect civilians and humanitarian
      operations in order to help stabilize the Darfur region of Sudan
      and dissuade and deter air attacks directed against civilians and
      humanitarian workers; and
        "(2) assistance in the areas of logistics, transport,
      communications, material support, technical assistance, training,
      command and control, aerial surveillance, and intelligence.
      "(b) Conditions. -
        "(1) In general. - Assistance provided under subsection (a) -
          "(A) shall be used only in the Darfur region; and
          "(B) shall not be provided until AMIS has agreed not to
        transfer title to, or possession of, any such assistance to
        anyone not an officer, employee or agent of AMIS (or subsequent
        United Nations peacekeeping operation), and not to use or to
        permit the use of such assistance for any purposes other than
        those for which such assistance was furnished, unless the
        consent of the President has first been obtained, and written
        assurances reflecting all of the forgoing have been obtained
        from AMIS by the President.
        "(2) Consent. - If the President consents to the transfer of
      such assistance to anyone not an officer, employee, or agent of
      AMIS (or subsequent United Nations peacekeeping operation), or
      agrees to permit the use of such assistance for any purposes
      other than those for which such assistance was furnished, the
      President shall immediately notify the Committee on Foreign
      Relations of the Senate and the Committee on International
      Relations [now Committee on Foreign Affairs] of the House of
      Representatives in accordance with the procedures applicable to
      reprogramming notifications under section 634A of the Foreign
      Assistance Act of 1961 (22 U.S.C. 2394-1).
      "(c) NATO Assistance To Support AMIS. - It is the sense of
    Congress that the President should continue to instruct the United
    States Permanent Representative to the North Atlantic Treaty
    Organization (referred to in this section as 'NATO') to use the
    voice, vote, and influence of the United States at NATO to -
        "(1) advocate NATO reinforcement of the AMIS and its orderly
      transition to a United Nations peacekeeping operation, as
      appropriate;
        "(2) provide assets to help dissuade and deter air strikes
      directed against civilians and humanitarian workers in the Darfur
      region of Sudan; and
        "(3) provide other logistical, transportation, communications,
      training, technical assistance, command and control, aerial
      surveillance, and intelligence support.
      "(d) Rule of Construction. - Nothing in this Act, or any
    amendment made by this Act, shall be construed as a provision
    described in section 5(b)(1) or 8(a)(1) of the War Powers
    Resolution (Public Law 93-148; 50 U.S.C. 1544(b), 1546(a)(1)
    [1547(a)(1)]).
      "(e) Denial of Entry at United States Ports to Certain Cargo
    Ships or Oil Tankers. -
        "(1) In general. - The President should take all necessary and
      appropriate steps to deny the Government of Sudan access to oil
      revenues, including by prohibiting entry at United States ports
      to cargo ships or oil tankers engaged in business or trade
      activities in the oil sector of Sudan or involved in the shipment
      of goods for use by the armed forces of Sudan until such time as
      the Government of Sudan has honored its commitments to cease
      attacks on civilians, demobilize and demilitarize the Janjaweed
      and associated militias, grant free and unfettered access for
      deliveries of humanitarian assistance, and allow for the safe and
      voluntary return of refugees and internally displaced persons.
        "(2) Exception. - Paragraph (1) shall not apply with respect to
      cargo ships or oil tankers involved in -
          "(A) an internationally-recognized demobilization program;
          "(B) the shipment of non-lethal assistance necessary to carry
        out elements of the Comprehensive Peace Agreement for Sudan or
        the Darfur Peace Agreement; or
          "(C) the shipment of military assistance necessary to carry
        out elements of an agreement referred to in subparagraph (B) if
        the President has made the determination set forth in section
        8(c)(2).
      "(f) Prohibition on Assistance to Countries in Violation of
    United Nations Security Council Resolutions 1556 and 1591. -
        "(1) Prohibition. - Amounts made available to carry out the
      Foreign Assistance Act of 1961 (22 U.S.C. 2151 et seq.) may not
      be used to provide assistance (other than humanitarian
      assistance) to the government of a country that is in violation
      of the embargo on military assistance with respect to Sudan
      imposed pursuant to United Nations Security Council Resolutions
      1556 (2004) and 1591 (2005).
        "(2) Waiver. - The President may waive the application of
      paragraph (1) if the President determines, and certifies to the
      appropriate congressional committees, that such waiver is in the
      national interests of the United States.
      "SEC. 7. CONTINUATION OF RESTRICTIONS.
      "(a) In General. - Restrictions against the Government of Sudan
    that were imposed pursuant to Executive Order No. 13067 of November
    3, 1997 (62 Federal Register 59989) [listed in a table below],
    title III and sections 508, 512, 527, and 569 of the Foreign
    Operations, Export Financing, and Related Programs Appropriations
    Act, 2006 (Public Law 109-102) [119 Stat. 2191, 2197, 2199, 2205,
    2228], or any other similar provision of law, shall remain in
    effect, and shall not be lifted pursuant to such provisions of law,
    until the President certifies to the appropriate congressional
    committees that the Government of Sudan is acting in good faith to -
        "(1) implement the Darfur Peace Agreement;
        "(2) disarm, demobilize, and demilitarize the Janjaweed and all
      militias allied with the Government of Sudan;
        "(3) adhere to all associated United Nations Security Council
      Resolutions, including Security Council Resolutions 1556 (2004),
      1564 (2004), 1591 (2005), 1593 (2005), 1663 (2006), 1665 (2006),
      and 1706 (2006);
        "(4) negotiate a peaceful resolution to the crisis in eastern
      Sudan;
        "(5) fully cooperate with efforts to disarm, demobilize, and
      deny safe haven to members of the Lord's Resistance Army in
      Sudan; and
        "(6) fully implement the Comprehensive Peace Agreement for
      Sudan without manipulation or delay, by -
          "(A) implementing the recommendations of the Abyei Boundaries
        Commission Report;
          "(B) establishing other appropriate commissions and
        implementing and adhering to the recommendations of such
        commissions consistent with the terms of the Comprehensive
        Peace Agreement for Sudan;
          "(C) adhering to the terms of the Wealth Sharing Agreement;
        and
          "(D) withdrawing government forces from Southern Sudan
        consistent with the terms of the Comprehensive Peace Agreement
        for Sudan.
      "(b) Waiver. - The President may waive the application of
    subsection (a) if the President determines, and certifies to the
    appropriate congressional committees, that such waiver is in the
    national interests of the United States.
      "SEC. 8. ASSISTANCE EFFORTS IN SUDAN.
      "(a) Assistance for International Malaria Control Act. -
    [Repealed section 501 of Pub. L. 106-570, formerly set out below.]
      "(b) Comprehensive Peace in Sudan Act. - [Amended Pub. L. 108-
    497, set out below.]
      "(c) Economic Assistance. -
        "(1) In general. - Notwithstanding any other provision of law,
      the President is authorized to provide economic assistance for
      Southern Sudan, Southern Kordofan/Nuba Mountains State, Blue Nile
      State, Abyei, Darfur, and marginalized areas in and around
      Khartoum, in an effort to provide emergency relief, to promote
      economic self-sufficiency, to build civil authority, to provide
      education, to enhance rule of law and the development of judicial
      and legal frameworks, and to support people to people
      reconciliation efforts, or to implement any nonmilitary program
      in support of any viable peace agreement in Sudan, including the
      Comprehensive Peace Agreement for Sudan and the Darfur Peace
      Agreement.
        "(2) Congressional notification. - Assistance may not be
      obligated under this subsection until 15 days after the date on
      which the Secretary of State notifies the congressional
      committees specified in section 634A of the Foreign Assistance
      Act of 1961 (22 U.S.C. 2394-1) of such obligation in accordance
      with the procedures applicable to reprogramming notifications
      under such section.
      "(d) Authorized Military Assistance. -
        "(1) In general. - If the President has not made a
      certification under section 12(a)(3) of the Sudan Peace Act [Pub.
      L. 107-245] (50 U.S.C. 1701 note) regarding the noncompliance of
      the SPLM/A or the Government of Southern Sudan with the
      Comprehensive Peace Agreement for Sudan, the President,
      notwithstanding any other provision of law, may authorize, for
      each of fiscal years 2006, 2007, and 2008, the provision of the
      following assistance to the Government of Southern Sudan for the
      purpose of constituting a professional military force -
          "(A) non-lethal military equipment and related defense
        services, including training, controlled under the
        International Traffic in Arms Regulations (22 C.F.R. 120.1 et
        seq.) if the President -
            "(i) determines that the provision of such items is in the
          national security interest of the United States; and
            "(ii) not later than 15 days before the provision of any
          such items, notifies the Committee on Foreign Relations of
          the Senate and the Committee on International Relations [now
          Committee on Foreign Affairs] of the House of Representatives
          of such determination; and
          "(B) small arms and ammunition under categories I and III of
        the United States Munitions List (22 C.F.R. 121.1 et seq.) if
        the President -
            "(i) determines that the provision of such equipment is
          essential to the national security interests of the United
          States; and
            "(ii) consistent with the procedures set forth in section
          614(a)(3) of the Foreign Assistance Act of 1961 (22 U.S.C.
          2364(a)(3)), notifies the Committee on Foreign Relations of
          the Senate and the Committee on International Relations [now
          Committee on Foreign Affairs] of the House of Representatives
          of such determination.
        "(2) End use assurances. - For each item exported pursuant to
      this subsection or subsection (c), the President shall include
      with the notification to Congress under subparagraphs (A)(ii) and
      (B)(ii) of paragraph (1) -
          "(A) an identification of the end users to which the
        provision of assistance is being made;
          "(B) the dollar value of the items being provided;
          "(C) a description of the items being provided; and
          "(D) a description of the end use verification procedures
        that will be applied to such items, including -
            "(i) any special assurances obtained from the Government of
          Southern Sudan or other authorized end users regarding such
          equipment; and
            "(ii) the end use or retransfer controls that will be
          applied to any items provided under this subsection.
        "(3) Waiver authority. - Section 40 of the Arms Export Control
      Act (22 U.S.C. 2780) shall not apply to assistance provided under
      paragraph (1).
      "(e) Exception to Prohibitions in Executive Order Number 13067. -
    Notwithstanding any other provision of law, the prohibitions set
    forth with respect to Sudan in Executive Order No. 13067 (62 Fed.
    Reg. 59989) [listed in a table below] shall not apply to activities
    or related transactions with respect to Southern Sudan, Southern
    Kordofan/Nuba Mountains State, Blue Nile State, Abyei, Darfur, or
    marginalized areas in and around Khartoum.
      "SEC. 9. REPORTING REQUIREMENTS.
      "[Amended Pub. L. 107-245, set out below.]"
      [Functions of President under section 6(a), (b), (f) of Pub. L.
    109-344, set out above, assigned to Secretary of State by
    Memorandum of President of the United States, Jan. 25, 2007, 72
    F.R. 5149.]
      [Functions of President under sections 7 and 8 of Pub. L. 109-
    344, set out above, assigned to Secretary of State by section 4(e)
    of Ex. Ord. No. 13412, Oct. 13, 2006, 71 F.R. 61370, listed in a
    table below.]
                  CODIFICATION OF SANCTIONS AGAINST IRAN
      Pub. L. 109-293, title I, Sec. 101, Sept. 30, 2006, 120 Stat.
    1344, provided that:
      "(a) Codification of Sanctions. - Except as otherwise provided in
    this section, United States sanctions with respect to Iran imposed
    pursuant to sections 1 and 3 of Executive Order No. 12957 [listed
    in a table below], sections 1(e), (1)(g), and (3) of Executive
    Order No. 12959 [listed in a table below], and sections 2, 3, and 5
    of Executive Order No. 13059 [listed in a table below] (relating to
    exports and certain other transactions with Iran) as in effect on
    January 1, 2006, shall remain in effect. The President may
    terminate such sanctions, in whole or in part, if the President
    notifies Congress at least 15 days in advance of such termination.
    In the event of exigent circumstances, the President may exercise
    the authority set forth in the preceding sentence without regard to
    the notification requirement stated therein, except that such
    notification shall be provided as early as practicable, but in no
    event later than three working days after such exercise of
    authority.
      "(b) No Effect on Other Sanctions Relating to Support for Acts of
    International Terrorism. - Nothing in this Act [see Short Title of
    2006 Amendment note above] shall affect any United States sanction,
    control, or regulation as in effect on January 1, 2006, relating to
    a determination under section 6(j)(1)(A) of the Export
    Administration Act of 1979 (50 U.S.C. App. 2405(j)(1)(A)), section
    620A(a) of the Foreign Assistance Act of 1961 (22 U.S.C. 2371(a)),
    or section 40(d) of the Arms Export Control Act (22 U.S.C. 2780(d))
    that the Government of Iran has repeatedly provided support for
    acts of international terrorism."
                       BURMESE FREEDOM AND DEMOCRACY
      Pub. L. 108-61, July 28, 2003, 117 Stat. 864, as amended by Pub.
    L. 109-251, Sec. 1, Aug. 1, 2006, 120 Stat. 654, provided that:
      "SECTION 1. SHORT TITLE.
      "This Act may be cited as the 'Burmese Freedom and Democracy Act
    of 2003'.
      "SEC. 2. FINDINGS.
      "Congress makes the following findings:
        "(1) The State Peace and Development Council (SPDC) has failed
      to transfer power to the National League for Democracy (NLD)
      whose parliamentarians won an overwhelming victory in the 1990
      elections in Burma.
        "(2) The SPDC has failed to enter into meaningful, political
      dialogue with the NLD and ethnic minorities and has dismissed the
      efforts of United Nations Special Envoy Razali bin Ismail to
      further such dialogue.
        "(3) According to the State Department's 'Report to the
      Congress Regarding Conditions in Burma and U.S. Policy Toward
      Burma' dated March 28, 2003, the SPDC has become 'more
      confrontational' in its exchanges with the NLD.
        "(4) On May 30, 2003, the SPDC, threatened by continued support
      for the NLD throughout Burma, brutally attacked NLD supporters,
      killed and injured scores of civilians, and arrested democracy
      advocate Aung San Suu Kyi and other activists.
        "(5) The SPDC continues egregious human rights violations
      against Burmese citizens, uses rape as a weapon of intimidation
      and torture against women, and forcibly conscripts child-soldiers
      for the use in fighting indigenous ethnic groups.
        "(6) The SPDC is engaged in ethnic cleansing against minorities
      within Burma, including the Karen, Karenni, and Shan people,
      which constitutes a crime against humanity and has directly led
      to more than 600,000 internally displaced people living within
      Burma and more than 130,000 people from Burma living in refugee
      camps along the Thai-Burma border.
        "(7) The ethnic cleansing campaign of the SPDC is in sharp
      contrast to the traditional peaceful coexistence in Burma of
      Buddhists, Muslims, Christians, and people of traditional
      beliefs.
        "(8) The SPDC has demonstrably failed to cooperate with the
      United States in stopping the flood of heroin and
      methamphetamines being grown, refined, manufactured, and
      transported in areas under the control of the SPDC serving to
      flood the region and much of the world with these illicit drugs.
        "(9) The SPDC provides safety, security, and engages in
      business dealings with narcotics traffickers under indictment by
      United States authorities, and other producers and traffickers of
      narcotics.
        "(10) The International Labor Organization (ILO), for the first
      time in its 82-year history, adopted in 2000, a resolution
      recommending that governments, employers, and workers
      organizations take appropriate measures to ensure that their
      relations with the SPDC do not abet the government-sponsored
      system of forced, compulsory, or slave labor in Burma, and that
      other international bodies reconsider any cooperation they may be
      engaged in with Burma and, if appropriate, cease as soon as
      possible any activity that could abet the practice of forced,
      compulsory, or slave labor.
        "(11) The SPDC has integrated the Burmese military and its
      surrogates into all facets of the economy effectively destroying
      any free enterprise system.
        "(12) Investment in Burmese companies and purchases from them
      serve to provide the SPDC with currency that is used to finance
      its instruments of terror and repression against the Burmese
      people.
        "(13) On April 15, 2003, the American Apparel and Footwear
      Association expressed its 'strong support for a full and
      immediate ban on U.S. textiles, apparel and footwear imports from
      Burma' and called upon the United States Government to 'impose an
      outright ban on U.S. imports' of these items until Burma
      demonstrates respect for basic human and labor rights of its
      citizens.
        "(14) The policy of the United States, as articulated by the
      President on April 24, 2003, is to officially recognize the NLD
      as the legitimate representative of the Burmese people as
      determined by the 1990 election.
        "(15) The United States must work closely with other nations,
      including Thailand, a close ally of the United States, to
      highlight attention to the SPDC's systematic abuses of human
      rights in Burma, to ensure that nongovernmental organizations
      promoting human rights and political freedom in Burma are allowed
      to operate freely and without harassment, and to craft a
      multilateral sanctions regime against Burma in order to pressure
      the SPDC to meet the conditions identified in section 3(a)(3) of
      this Act.
      "SEC. 3. BAN AGAINST TRADE THAT SUPPORTS THE MILITARY REGIME OF
        BURMA.
      "(a) General Ban. -
        "(1) In general. - Notwithstanding any other provision of law,
      until such time as the President determines and certifies to
      Congress that Burma has met the conditions described in paragraph
      (3), beginning 30 days after the date of the enactment of this
      Act [July 28, 2003], the President shall ban the importation of
      any article that is a product of Burma.
        "(2) Ban on imports from certain companies. - The import
      restrictions contained in paragraph (1) shall apply to, among
      other entities -
          "(A) the SPDC, any ministry of the SPDC, a member of the SPDC
        or an immediate family member of such member;
          "(B) known narcotics traffickers from Burma or an immediate
        family member of such narcotics trafficker;
          "(C) the Union of Myanmar Economics Holdings Incorporated
        (UMEHI) or any company in which the UMEHI has a fiduciary
        interest;
          "(D) the Myanmar Economic Corporation (MEC) or any company in
        which the MEC has a fiduciary interest;
          "(E) the Union Solidarity and Development Association (USDA);
        and
          "(F) any successor entity for the SPDC, UMEHI, MEC, or USDA.
        "(3) Conditions described. - The conditions described in this
      paragraph are the following:
          "(A) The SPDC has made substantial and measurable progress to
        end violations of internationally recognized human rights
        including rape, and the Secretary of State, after consultation
        with the ILO Secretary General and relevant nongovernmental
        organizations, reports to the appropriate congressional
        committees that the SPDC no longer systematically violates
        workers rights, including the use of forced and child labor,
        and conscription of child-soldiers.
          "(B) The SPDC has made measurable and substantial progress
        toward implementing a democratic government including -
            "(i) releasing all political prisoners;
            "(ii) allowing freedom of speech and the press;
            "(iii) allowing freedom of association;
            "(iv) permitting the peaceful exercise of religion; and
            "(v) bringing to a conclusion an agreement between the SPDC
          and the democratic forces led by the NLD and Burma's ethnic
          nationalities on the transfer of power to a civilian
          government accountable to the Burmese people through
          democratic elections under the rule of law.
          "(C) Pursuant to section 706(2) of the Foreign Relations
        Authorization Act, Fiscal Year 2003 (Public Law 107-228) [22
        U.S.C. 2291j-1(2)], Burma has not been designated as a country
        that has failed demonstrably to make substantial efforts to
        adhere to its obligations under international counternarcotics
        agreements and to take other effective counternarcotics
        measures, including, but not limited to (i) the arrest and
        extradition of all individuals under indictment in the United
        States for narcotics trafficking, (ii) concrete and measurable
        actions to stem the flow of illicit drug money into Burma's
        banking system and economic enterprises, and (iii) actions to
        stop the manufacture and export of methamphetamines.
        "(4) Appropriate congressional committees. - In this
      subsection, the term 'appropriate congressional committees' means
      the Committees on Foreign Relations and Appropriations of the
      Senate and the Committees on International Relations [now Foreign
      Affairs] and Appropriations of the House of Representatives.
      "(b) Waiver Authorities. - The President may waive the
    prohibitions described in this section for any or all articles that
    are a product of Burma if the President determines and notifies the
    Committees on Appropriations, Finance, and Foreign Relations of the
    Senate and the Committees on Appropriations, International
    Relations [now Foreign Affairs], and Ways and Means of the House of
    Representatives that to do so is in the national interest of the
    United States.
      "SEC. 4. FREEZING ASSETS OF THE BURMESE REGIME IN THE UNITED
        STATES.
      "(a) Reporting Requirement. - Not later than 60 days after the
    date of enactment of this Act [July 28, 2003], the President shall
    take such action as is necessary to direct, and promulgate
    regulations to the same, that any United States financial
    institution holding funds belonging to the SPDC or the assets of
    those individuals who hold senior positions in the SPDC or its
    political arm, the Union Solidarity Development Association, shall
    promptly report those funds or assets to the Office of Foreign
    Assets Control.
      "(b) Additional Authority. - The President may take such action
    as may be necessary to impose a sanctions regime to freeze such
    funds or assets, subject to such terms and conditions as the
    President determines to be appropriate.
      "(c) Delegation. - The President may delegate the duties and
    authorities under this section to such Federal officers or other
    officials as the President deems appropriate.
      "SEC. 5. LOANS AT INTERNATIONAL FINANCIAL INSTITUTIONS.
      "The Secretary of the Treasury shall instruct the United States
    executive director to each appropriate international financial
    institution in which the United States participates, to oppose, and
    vote against the extension by such institution of any loan or
    financial or technical assistance to Burma until such time as the
    conditions described in section 3(a)(3) are met.
      "SEC. 6. EXPANSION OF VISA BAN.
      "(a) In General. -
        "(1) Visa ban. - The President is authorized to deny visas and
      entry to the former and present leadership of the SPDC or the
      Union Solidarity Development Association.
        "(2) Updates. - The Secretary of State shall coordinate on a
      biannual basis with representatives of the European Union to
      allow officials of the United States and the European Union to
      ensure a high degree of coordination of lists of individuals
      banned from obtaining a visa by the European Union for the reason
      described in paragraph (1) and those banned from receiving a visa
      from the United States.
      "(b) Publication. - The Secretary of State shall post on the
    Department of State's website the names of individuals whose entry
    into the United States is banned under subsection (a).
      "SEC. 7. CONDEMNATION OF THE REGIME AND DISSEMINATION OF
        INFORMATION.
      "Congress encourages the Secretary of State to highlight the
    abysmal record of the SPDC to the international community and use
    all appropriate fora, including the Association of Southeast Asian
    Nations Regional Forum and Asian Nations Regional Forum, to
    encourage other states to restrict financial resources to the SPDC
    and Burmese companies while offering political recognition and
    support to Burma's democratic movement including the National
    League for Democracy and Burma's ethnic groups.
      "SEC. 8. SUPPORT DEMOCRACY ACTIVISTS IN BURMA.
      "(a) In General. - The President is authorized to use all
    available resources to assist Burmese democracy activists dedicated
    to nonviolent opposition to the regime in their efforts to promote
    freedom, democracy, and human rights in Burma, including a listing
    of constraints on such programming.
      "(b) Reports. -
        "(1) First report. - Not later than 3 months after the date of
      enactment of this Act [July 28, 2003], the Secretary of State
      shall provide the Committees on Appropriations and Foreign
      Relations of the Senate and the Committees on Appropriations and
      International Relations [now Foreign Affairs] of the House of
      Representatives a comprehensive report on its short- and long-
      term programs and activities to support democracy activists in
      Burma, including a list of constraints on such programming.
        "(2) Report on resources. - Not later than 6 months after the
      date of enactment of this Act, the Secretary of State shall
      provide the Committees on Appropriations and Foreign Relations of
      the Senate and the Committees on Appropriations and International
      Relations [now Foreign Affairs] of the House of Representatives a
      report identifying resources that will be necessary for the
      reconstruction of Burma, after the SPDC is removed from power,
      including -
          "(A) the formation of democratic institutions;
          "(B) establishing the rule of law;
          "(C) establishing freedom of the press;
          "(D) providing for the successful reintegration of military
        officers and personnel into Burmese society; and
          "(E) providing health, educational, and economic development.
        "(3) Report on trade sanctions. - Not later than 90 days before
      the date on which the import restrictions contained in section
      3(a)(1) are to expire, the Secretary of State, in consultation
      with the United States Trade Representative and the heads of
      appropriate agencies, shall submit to the Committees on
      Appropriations, Finance, and Foreign Relations of the Senate, and
      the Committees on Appropriations, International Relations [now
      Foreign Affairs], and Ways and Means of the House of
      Representatives, a report on -
          "(A) bilateral and multilateral measures undertaken by the
        United States Government and other governments to promote human
        rights and democracy in Burma;
          "(B) the extent to which actions related to trade with Burma
        taken pursuant to this Act have been effective in -
            "(i) improving conditions in Burma, including human rights
          violations, arrest and detention of democracy activists,
          forced and child labor, and the status of dialogue between
          the SPDC and the NLD and ethnic minorities;
            "(ii) furthering the policy objections of the United States
          toward Burma; and
          "(C) the impact of actions relating to trade take [sic]
        pursuant to this Act on other national security, economic, and
        foreign policy interests of the United States, including
        relations with countries friendly to the United States.
      "SEC. 9. DURATION OF SANCTIONS.
      "(a) Termination by Request From Democratic Burma. - The
    President may terminate any provision in this Act upon the request
    of a democratically elected government in Burma, provided that all
    the conditions in section 3(a)(3) have been met.
      "(b) Continuation of Import Sanctions. -
        "(1) Expiration. - The import restrictions contained in section
      3(a)(1) shall expire 1 year from the date of enactment of this
      Act [July 28, 2003] unless renewed under paragraph (2) of this
      section [subsection].
        "(2) Resolution by congress. - The import restrictions
      contained in section 3(a)(1) may be renewed annually for a 1-year
      period if, prior to the anniversary of the date of enactment of
      this Act, and each year thereafter, a renewal resolution is
      enacted into law in accordance with subsection (c).
        "(3) Limitation. - The import restrictions contained in section
      3(a)(1) may be renewed for a maximum of six years from the date
      of the enactment of this Act [July 28, 2003].
      "(c) Renewal Resolutions. -
        "(1) In general. - For purposes of this section, the term
      'renewal resolution' means a joint resolution of the 2 Houses of
      Congress, the sole matter after the resolving clause of which is
      as follows: 'That Congress approves the renewal of the import
      restrictions contained in section 3(a)(1) of the Burmese Freedom
      and Democracy Act of 2003.'.
        "(2) Procedures. -
          "(A) In general. - A renewal resolution -
            "(i) may be introduced in either House of Congress by any
          member of such House at any time within the 90-day period
          before the expiration of the import restrictions contained in
          section 3(a)(1); and
            "(ii) the provisions of subparagraph (B) shall apply.
          "(B) Expedited consideration. - The provisions of section
        152(b), (c), (d), (e), and (f) of the Trade Act of 1974 (19
        U.S.C. 2192 (b), (c), (d), (e), and (f)) apply to a renewal
        resolution under this Act as if such resolution were a
        resolution described in section 152(a) of the Trade Act of
        1974."
      [Certain powers of President under section 4 of Pub. L. 108-61,
    set out above, delegated to Secretary of the Treasury by section 6
    of Ex. Ord. No. 13448, Oct. 18, 2007, 72 F.R. 60225, listed in a
    table below.]
      [Pub. L. 109-251, Sec. 3, Aug. 1, 2006, 120 Stat. 654, provided
    that: "This Act [enacting note below and amending Pub. L. 108-61
    set out above] and the amendments made by this Act shall take
    effect on the date of the enactment of this Act [Aug. 1, 2006] or
    July 26, 2006, whichever occurs first."]
      [Certain powers of President under sections 3(a) and 4 of Pub. L.
    108-61, set out above, delegated to Secretary of the Treasury and
    functions and authorities of President under section 3(b) of Pub.
    L. 108-61 delegated to Secretary of State by section 9 of Ex. Ord.
    No. 13310, July 28, 2003, 68 F.R. 44854, listed in a table below.]
      Provisions similar to those contained in section 5 of Pub. L. 108-
    61, set out above, were contained in the following appropriation
    acts:
      Pub. L. 110-161, div. J, title VI, Sec. 638(b)(1), Dec. 26, 2007,
    121 Stat. 2333.
      Pub. L. 109-102, title V, Sec. 526(a), Nov. 14, 2005, 119 Stat.
    2205.
      Pub. L. 108-447, div. D, title V, Sec. 531(a), Dec. 8, 2004, 118
    Stat. 3004.
      Pub. L. 108-199, div. D, title V, Sec. 531(a), Jan. 23, 2004, 118
    Stat. 180.
      Pub. L. 110-52, Secs. 1, 4, Aug. 1, 2007, 121 Stat. 264, provided
    that:
      "SECTION 1. RENEWAL OF IMPORT RESTRICTIONS UNDER BURMESE FREEDOM
        AND DEMOCRACY ACT OF 2003.
      "Congress approves the renewal of import restrictions contained
    in section 3(a)(1) of the Burmese Freedom and Democracy Act of 2003
    [Pub. L. 108-61, set out above].
      "SEC. 4. RULE OF CONSTRUCTION.
      "This joint resolution shall be deemed to be a 'renewal
    resolution' for purposes of section 9 of the Burmese Freedom and
    Democracy Act of 2003."
      Prior similar provisions were contained in the following Acts:
      Pub. L. 109-251, Sec. 2, Aug. 1, 2006, 120 Stat. 654.
      Pub. L. 109-39, July 27, 2005, 119 Stat. 409.
      Pub. L. 108-272, July 7, 2004, 118 Stat. 818.
                                SUDAN PEACE
      Pub. L. 108-497, Dec. 23, 2004, 118 Stat. 4012, as amended by
    Pub. L. 109-344, Secs. 5(a), (b), 8(b), Oct. 13, 2006, 120 Stat.
    1875, 1876, 1879, provided that:
      "SECTION 1. SHORT TITLE.
      "This Act may be cited as the 'Comprehensive Peace in Sudan Act
    of 2004'.
      "SEC. 2. DEFINITIONS.
      "In this Act:
        "(1) Appropriate congressional committees. - The term
      'appropriate congressional committees' means the Committee on
      Foreign Relations of the Senate and the Committee on
      International Relations [now Committee on Foreign Affairs] of the
      House of Representatives.
        "(2) Government of sudan. - The term 'Government of Sudan'
      means the National Congress Party, formerly known as the National
      Islamic Front, government in Khartoum, Sudan, or any successor
      government formed on or after the date of the enactment of this
      Act [Dec. 23, 2004] (other than the coalition government agreed
      upon in the Nairobi Declaration on the Final Phase of Peace in
      the Sudan signed on June 5, 2004).
        "(3) JEM. - The term 'JEM' means the Justice and Equality
      Movement.
        "(4) SLA. - The term 'SLA' means the Sudan Liberation Army.
        "(5) SPLM. - The term 'SPLM' means the Sudan People's
      Liberation Movement.
      "SEC. 3. FINDINGS.
      "Congress makes the following findings:
        "(1) A comprehensive peace agreement for Sudan, as envisioned
      in the Sudan Peace Act [Pub. L. 107-245] (50 U.S.C. 1701 note)
      and the Machakos Protocol of 2002, could be in jeopardy if the
      parties do not implement and honor the agreements they have
      signed.
        "(2) Since seizing power through a military coup in 1989, the
      Government of Sudan repeatedly has attacked and dislocated
      civilian populations in southern Sudan in a coordinated policy of
      ethnic cleansing and genocide that has cost the lives of more
      than 2,000,000 people and displaced more than 4,000,000 people.
        "(3) In response to two decades of civil conflict in Sudan, the
      United States has helped to establish an internationally
      supported peace process to promote a negotiated settlement to the
      war that has resulted in a framework peace agreement, the Nairobi
      Declaration on the Final Phase of Peace in the Sudan, signed on
      June 5, 2004.
        "(4) At the same time that the Government of Sudan was
      negotiating for a comprehensive and all inclusive peace
      agreement, enumerated in the Nairobi Declaration on the Final
      Phase of Peace in the Sudan, it refused to engage in any
      meaningful discussion with regard to its ongoing campaign of
      ethnic cleansing and genocide in the Darfur region of western
      Sudan.
        "(5) The Government of Sudan reluctantly agreed to attend talks
      to bring peace to the Darfur region only after considerable
      international pressure and outrage was expressed through high
      level visits by Secretary of State Colin Powell and others, and
      through United Nations Security Council Resolution 1556 (July 30,
      2004).
        "(6) The Government of the United States, in both the executive
      branch and Congress, has concluded that genocide has been
      committed and may still be occurring in the Darfur region, and
      that the Government of Sudan and militias supported by the
      Government of Sudan, known as the Janjaweed, bear responsibility
      for the genocide.
        "(7) Evidence collected by international observers in the
      Darfur region between February 2003 and November 2004 indicate a
      coordinated effort to target African Sudanese civilians in a
      scorched earth policy, similar to that which was employed in
      southern Sudan, that has destroyed African Sudanese villages,
      killing and driving away their people, while Arab Sudanese
      villages have been left unscathed.
        "(8) As a result of this genocidal policy in the Darfur region,
      an estimated 70,000 people have died, more than 1,600,000 people
      have been internally displaced, and more than 200,000 people have
      been forced to flee to neighboring Chad.
        "(9) Reports further indicate the systematic rape of thousands
      of women and girls, the abduction of women and children, and the
      destruction of hundreds of ethnically African villages, including
      the poisoning of their wells and the plunder of their crops and
      cattle upon which the people of such villages sustain themselves.
        "(10) Despite the threat of international action expressed
      through United Nations Security Council Resolutions 1556 (July
      30, 2004) and 1564 (September 18, 2004), the Government of Sudan
      continues to obstruct and prevent efforts to reverse the
      catastrophic consequences that loom over the Darfur region.
        "(11) In addition to the thousands of violent deaths directly
      caused by ongoing Sudanese military and government-sponsored
      Janjaweed attacks in the Darfur region, the Government of Sudan
      has restricted access by humanitarian and human rights workers to
      the Darfur area through intimidation by military and security
      forces, and through bureaucratic and administrative obstruction,
      in an attempt to inflict the most devastating harm on those
      individuals displaced from their villages and homes without any
      means of sustenance or shelter.
        "(12) The Government of Sudan's continued support for the
      Janjaweed and their obstruction of the delivery of food, shelter,
      and medical care to the Darfur region is estimated by the World
      Health Organization to be causing up to 10,000 deaths per month
      and, should current conditions persist, is projected to escalate
      to thousands of deaths each day by December 2004.
        "(13) The Government of Chad served an important role in
      facilitating the humanitarian cease-fire (the N'Djamena Agreement
      dated April 8, 2004) for the Darfur region between the Government
      of Sudan and the two opposition rebel groups in the Darfur region
      (the JEM and the SLA), although both sides have violated the
      cease-fire agreement repeatedly.
        "(14) The people of Chad have responded courageously to the
      plight of over 200,000 Darfur refugees by providing assistance to
      them even though such assistance has adversely affected their own
      means of livelihood.
        "(15) On September 9, 2004, Secretary of State Colin Powell
      stated before the Committee on Foreign Relations of the Senate:
      'When we reviewed the evidence compiled by our team, along with
      other information available to the State Department, we concluded
      that genocide has been committed in Darfur and that the
      Government of Sudan and the [Janjaweed] bear responsibility - and
      genocide may still be occurring.'.
        "(16) The African Union has demonstrated renewed vigor in
      regional affairs through its willingness to respond to the crisis
      in the Darfur region, by convening talks between the parties and
      deploying several hundred monitors and security forces to the
      region, as well as by recognizing the need for a far larger force
      with a broader mandate.
        "(17) The Government of Sudan's complicity in the atrocities
      and genocide in the Darfur region raises fundamental questions
      about the Government of Sudan's commitment to peace and stability
      in Sudan.
      "SEC. 4. SENSE OF CONGRESS REGARDING THE CONFLICT IN DARFUR,
        SUDAN.
      "(a) Sudan Peace Act. - It is the sense of Congress that the
    Sudan Peace Act [Pub. L. 107-245] (50 U.S.C. 1701 note) remains
    relevant and should be extended to include the Darfur region of
    Sudan.
      "(b) Actions To Address the Conflict. - It is the sense of
    Congress that -
        "(1) a legitimate countrywide peace in Sudan will only be
      possible if those principles enumerated in the 1948 Universal
      Declaration of Human Rights, that are affirmed in the Machakos
      Protocol of 2002 and the Nairobi Declaration on the Final Phase
      of Peace in the Sudan signed on June 5, 2004, are applied to all
      of Sudan, including the Darfur region;
        "(2) the parties to the N'Djamena Agreement (the Government of
      Sudan, the JEM, and the SLA) must meet their obligations under
      that Agreement to allow safe and immediate delivery of all
      humanitarian assistance throughout the Darfur region and must
      expedite the conclusion of a political agreement to end the
      genocide and conflict in the Darfur region;
        "(3) the United States should continue to provide humanitarian
      assistance to the areas of Sudan to which the United States has
      access and, at the same time, implement a plan to provide
      assistance to the areas of Sudan to which access has been
      obstructed or denied;
        "(4) the international community, including African, Arab, and
      Muslim nations, should immediately provide resources necessary to
      save the lives of hundreds of thousands of individuals at risk as
      a result of the crisis in the Darfur region;
        "(5) the United States and the international community should -
          "(A) provide all necessary assistance to deploy and sustain
        an African Union Force to the Darfur region; and
          "(B) work to increase the authorized level and expand the
        mandate of such forces commensurate with the gravity and scope
        of the problem in a region the size of France;
        "(6) the President, acting through the Secretary of State and
      the Permanent Representative of the United States to the United
      Nations, should -
          "(A) condemn any failure on the part of the Government of
        Sudan to fulfill its obligations under United Nations Security
        Council Resolutions 1556 (July 30, 2004) and 1564 (September
        18, 2004), and press the United Nations Security Council to
        respond to such failure by immediately imposing the penalties
        suggested in paragraph (14) of United Nations Security Council
        Resolution 1564;
          "(B) press the United Nations Security Council to pursue
        accountability for those individuals who are found responsible
        for orchestrating and carrying out the atrocities in the Darfur
        region, consistent with relevant United Nations Security
        Council Resolutions; and
          "(C) encourage member states of the United Nations to -
            "(i) cease to import Sudanese oil; and
            "(ii) take the following actions against Sudanese
          Government and military officials and other individuals, who
          are planning, carrying out, or otherwise involved in the
          policy of genocide in the Darfur region, as well as their
          families, and businesses controlled by the Government of
          Sudan and the National Congress Party:
         "(I) freeze the assets held by such individuals or businesses
          in each such member state; and
         "(II) restrict the entry or transit of such officials through
          each such member state;
        "(7) the President should impose targeted sanctions, including
      a ban on travel and the freezing of assets, on those officials of
      the Government of Sudan, including military officials, and other
      individuals who have planned or carried out, or otherwise been
      involved in the policy of genocide in the Darfur region, and
      should also freeze the assets of businesses controlled by the
      Government of Sudan or the National Congress Party;
        "(8) the Government of the United States should not normalize
      relations with Sudan, including through the lifting of any
      sanctions, until the Government of Sudan agrees to, and takes
      demonstrable steps to implement, peace agreements for all areas
      of Sudan, including the Darfur region;
        "(9) those individuals found to be involved in the planning or
      carrying out of genocide, war crimes, or crimes against humanity
      should not hold leadership positions in the Government of Sudan
      or the coalition government established pursuant to the
      agreements reached in the Nairobi Declaration on the Final Phase
      of Peace in the Sudan; and
        "(10) the Government of Sudan has a primary responsibility to
      guarantee the safety and welfare of its citizens, which includes
      allowing them access to humanitarian assistance and providing
      them protection from violence.
      "SEC. 5. AMENDMENTS TO THE SUDAN PEACE ACT.
      "[Amended Pub. L. 107-245, set out below.]
      "SEC. 6. SANCTIONS IN SUPPORT OF PEACE IN DARFUR.
      "(a) Sanctions. - Beginning on the date that is 30 days after the
    date of enactment of this Act [Dec. 23, 2004], the President shall,
    notwithstanding paragraph (1) of section 6(b) of the Sudan Peace
    Act [Pub. L. 107-245] (50 U.S.C. 1701 note), implement the measures
    set forth in subparagraphs (A) through (D) of paragraph (2) of such
    section.
      "(b) Blocking of Assets of Appropriate Senior Officials of the
    Government of Sudan. - Beginning on the date that is 30 days after
    the date of enactment of this Act, the President shall, consistent
    with the authorities granted in the International Emergency
    Economic Powers Act (50 U.S.C. 1701 et seq.), block the assets of
    appropriate senior officials of the Government of Sudan.
      "(c) Blocking of Assets and Restriction on Visas of Certain
    Individuals Identified by the President. -
        "(1) Blocking of assets. - Beginning on the date that is 30
      days after the date of the enactment of the Darfur Peace and
      Accountability Act of 2006 [Oct. 13, 2006], and in the interest
      of contributing to peace in Sudan, the President shall,
      consistent with the authorities granted under the International
      Emergency Economic Powers Act (50 U.S.C. 1701 et seq.), block the
      assets of any individual who the President determines is
      complicit in, or responsible for, acts of genocide, war crimes,
      or crimes against humanity in Darfur, including the family
      members or any associates of such individual to whom assets or
      property of such individual was transferred on or after July 1,
      2002.
        "(2) Restriction on visas. - Beginning on the date that is 30
      days after the date of the enactment of the Darfur Peace and
      Accountability Act of 2006, and in the interest of contributing
      to peace in Sudan, the President shall deny a visa and entry to
      any individual who the President determines to be complicit in,
      or responsible for, acts of genocide, war crimes, or crimes
      against humanity in Darfur, including the family members or any
      associates of such individual to whom assets or property of such
      individual was transferred on or after July 1, 2002.
      "(d) Waiver. - The President may waive the application of
    subsection (a) or (b) if the President determines and certifies to
    the appropriate congressional committees that such a waiver is in
    the national interest of the United States. The President may waive
    the application of paragraph (1) or (2) of subsection (c) with
    respect to any individual if the President determines that such a
    waiver is in the national interests of the United States and,
    before exercising the waiver, notifies the appropriate
    congressional committees of the name of the individual and the
    reasons for the waiver.
      "(e) Continuation of Restrictions. - Restrictions against the
    Government of Sudan that were imposed pursuant to title III and
    sections 508, 512, and 527 of the Foreign Operations, Export
    Financing, and Related Programs Act, 2004 (division D of Public Law
    108-199; 118 Stat. 143 [162, 169, 170, 177]), or any other similar
    provision of law, shall remain in effect against the Government of
    Sudan and may not be lifted pursuant to such provisions of law
    unless the President transmits a certification to the appropriate
    congressional committees in accordance with paragraph (2) of
    section 12(a) of the Sudan Peace Act (as added by section 5(a)(1)
    of this Act).
      "(f) Determination. - Notwithstanding subsection (a) of this
    section, the President shall continue to transmit the determination
    required under section 6(b)(1)(A) of the Sudan Peace Act (50 U.S.C.
    1701 note).
      "SEC. 7. ADDITIONAL AUTHORITIES.
      "[Repealed. Pub. L. 109-344, Sec. 8(b), Oct. 13, 2006, 120 Stat.
    1879.]
      "SEC. 8. TECHNICAL CORRECTION.
      "[Amended section 288f-2 of Title 22, Foreign Relations and
    Intercourse.]"
      [For assignment of functions of President under subsec. (c) and
    the last sentence of subsec. (d) of section 6 of Pub. L. 108-497,
    set out above, see section 4(c), (d) of Ex. Ord. No. 13412, Oct.
    13, 2006, 71 F.R. 61370, listed in a table below.]
      Pub. L. 107-245, Oct. 21, 2002, 116 Stat. 1504, as amended by
    Pub. L. 108-497, Sec. 5, Dec. 23, 2004, 118 Stat. 4016; Pub. L. 109-
    344, Sec. 9, Oct. 13, 2006, 120 Stat. 1880, provided that:
      "SECTION 1. SHORT TITLE.
      "This Act may be cited as the 'Sudan Peace Act'.
      "SEC. 2. FINDINGS.
      "The Congress makes the following findings:
        "(1) The Government of Sudan has intensified its prosecution of
      the war against areas outside of its control, which has already
      cost more than 2,000,000 lives and has displaced more than
      4,000,000 people.
        "(2) A viable, comprehensive, and internationally sponsored
      peace process, protected from manipulation, presents the best
      chance for a permanent resolution of the war, protection of human
      rights, and a self-sustaining Sudan.
        "(3) Continued strengthening and reform of humanitarian relief
      operations in Sudan is an essential element in the effort to
      bring an end to the war.
        "(4) Continued leadership by the United States is critical.
        "(5) Regardless of the future political status of the areas of
      Sudan outside of the control of the Government of Sudan, the
      absence of credible civil authority and institutions is a major
      impediment to achieving self-sustenance by the Sudanese people
      and to meaningful progress toward a viable peace process. It is
      critical that credible civil authority and institutions play an
      important role in the reconstruction of post-war Sudan.
        "(6) Through the manipulation of traditional rivalries among
      peoples in areas outside of its full control, the Government of
      Sudan has used divide-and-conquer techniques effectively to
      subjugate its population. However, internationally sponsored
      reconciliation efforts have played a critical role in reducing
      human suffering and the effectiveness of this tactic.
        "(7) The Government of Sudan utilizes and organizes militias,
      Popular Defense Forces, and other irregular units for raiding and
      enslaving parties in areas outside of the control of the
      Government of Sudan in an effort to disrupt severely the ability
      of the populations in those areas to sustain themselves. The
      tactic helps minimize the Government of Sudan's accountability
      internationally.
        "(8) The Government of Sudan has repeatedly stated that it
      intends to use the expected proceeds from future oil sales to
      increase the tempo and lethality of the war against the areas
      outside of its control.
        "(9) By regularly banning air transport relief flights by the
      United Nations relief operation OLS, the Government of Sudan has
      been able to manipulate the receipt of food aid by the Sudanese
      people from the United States and other donor countries as a
      devastating weapon of war in the ongoing effort by the Government
      of Sudan to starve targeted groups and subdue areas of Sudan
      outside of the Government's control.
        "(10) The acts of the Government of Sudan, including the acts
      described in this section, constitute genocide as defined by the
      Convention on the Prevention and Punishment of the Crime of
      Genocide (78 U.N.T.S. 277).
        "(11) The efforts of the United States and other donors in
      delivering relief and assistance through means outside of OLS
      have played a critical role in addressing the deficiencies in OLS
      and offset the Government of Sudan's manipulation of food
      donations to advantage in the civil war in Sudan.
        "(12) While the immediate needs of selected areas in Sudan
      facing starvation have been addressed in the near term, the
      population in areas of Sudan outside of the control of the
      Government of Sudan are still in danger of extreme disruption of
      their ability to sustain themselves.
        "(13) The Nuba Mountains and many areas in Bahr al Ghazal and
      the Upper Nile and the Blue Nile regions have been excluded
      completely from relief distribution by OLS, consequently placing
      their populations at increased risk of famine.
        "(14) At a cost which has sometimes exceeded $1,000,000 per
      day, and with a primary focus on providing only for the immediate
      food needs of the recipients, the current international relief
      operations are neither sustainable nor desirable in the long
      term.
        "(15) The ability of populations to defend themselves against
      attack in areas outside of the control of the Government of Sudan
      has been severely compromised by the disengagement of the front-
      line states of Ethiopia, Eritrea, and Uganda, fostering the
      belief among officials of the Government of Sudan that success on
      the battlefield can be achieved.
        "(16) The United States should use all means of pressure
      available to facilitate a comprehensive solution to the war in
      Sudan, including -
          "(A) the multilateralization of economic and diplomatic tools
        to compel the Government of Sudan to enter into a good faith
        peace process;
          "(B) the support or creation of viable democratic civil
        authority and institutions in areas of Sudan outside of
        government control;
          "(C) continued active support of people-to-people
        reconciliation mechanisms and efforts in areas outside of
        government control;
          "(D) the strengthening of the mechanisms to provide
        humanitarian relief to those areas; and
          "(E) cooperation among the trading partners of the United
        States and within multilateral institutions toward those ends.
      "SEC. 3. DEFINITIONS.
      "In this Act:
        "(1) Appropriate congressional committees. - The term
      'appropriate congressional committees' means the Committee on
      International Relations [now Committee on Foreign Affairs] of the
      House of Representatives and the Committee on Foreign Relations
      of the Senate.
        "(2) Government of sudan. - Except as provided in section 12,
      the term 'Government of Sudan' means the National Islamic Front
      government in Khartoum, Sudan.
        "(3) OLS. - The term 'OLS' means the United Nations relief
      operation carried out by UNICEF, the World Food Program, and
      participating relief organizations known as 'Operation Lifeline
      Sudan'.
        "(4) SPLM. - The term 'SPLM' means the Sudan People's
      Liberation Movement.
      "SEC. 4. CONDEMNATION OF SLAVERY, OTHER HUMAN RIGHTS ABUSES, AND
        TACTICS OF THE GOVERNMENT OF SUDAN.
      "The Congress hereby -
        "(1) condemns -
          "(A) violations of human rights on all sides of the conflict
        in Sudan;
          "(B) the Government of Sudan's overall human rights record,
        with regard to both the prosecution of the war and the denial
        of basic human and political rights to all Sudanese;
          "(C) the ongoing slave trade in Sudan and the role of the
        Government of Sudan in abetting and tolerating the practice;
          "(D) the Government of Sudan's use and organization of
        'murahalliin' or 'mujahadeen', Popular Defense Forces, and
        regular Sudanese Army units into organized and coordinated
        raiding and slaving parties in Bahr al Ghazal, the Nuba
        Mountains, and the Upper Nile and the Blue Nile regions; and
          "(E) aerial bombardment of civilian targets that is sponsored
        by the Government of Sudan; and
        "(2) recognizes that, along with selective bans on air
      transport relief flights by the Government of Sudan, the use of
      raiding and slaving parties is a tool for creating food shortages
      and is used as a systematic means to destroy the societies,
      culture, and economies of the Dinka, Nuer, and Nuba peoples in a
      policy of low-intensity ethnic cleansing.
      "SEC. 5. ASSISTANCE FOR PEACE AND DEMOCRATIC GOVERNANCE.
      "(a) Assistance to Sudan. - The President is authorized to
    provide increased assistance to the areas of Sudan that are not
    controlled by the Government of Sudan to prepare the population for
    peace and democratic governance, including support for civil
    administration, communications infrastructure, education, health,
    and agriculture.
      "(b) Authorization of Appropriations. -
        "(1) In general. - There are authorized to be appropriated to
      the President to carry out the activities described in subsection
      (a) of this section $100,000,000 for each of the fiscal years
      2003, 2004, and 2005.
        "(2) Availability. - Amounts appropriated pursuant to the
      authorization of appropriations under paragraph (1) of this
      subsection are authorized to remain available until expended.
      "SEC. 6. SUPPORT FOR AN INTERNATIONALLY SANCTIONED PEACE PROCESS.
      "(a) Findings. - Congress hereby -
        "(1) recognizes that -
          "(A) a single, viable internationally and regionally
        sanctioned peace process holds the greatest opportunity to
        promote a negotiated, peaceful settlement to the war in Sudan;
        and
          "(B) resolution to the conflict in Sudan is best made through
        a peace process based on the Declaration of Principles reached
        in Nairobi, Kenya, on July 20, 1994, and on the Machakos
        Protocol in July 2002; and
        "(2) commends the efforts of Special Presidential Envoy,
      Senator Danforth and his team in working to assist the parties to
      the conflict in Sudan in finding a just, permanent peace to the
      conflict in Sudan.
      "(b) Measures of Certain Conditions Not Met. -
        "(1) Presidential determination. -
          "(A) The President shall make a determination and certify in
        writing to the appropriate congressional committees within 6
        months after the date of enactment of this Act [Oct. 21, 2002],
        and each 6 months thereafter, that the Government of Sudan and
        the Sudan People's Liberation Movement are negotiating in good
        faith and that negotiations should continue.
          "(B) If, under subparagraph (A) the President determines and
        certifies in writing to the appropriate congressional
        committees that the Government of Sudan has not engaged in good
        faith negotiations to achieve a permanent, just, and equitable
        peace agreement, or has unreasonably interfered with
        humanitarian efforts, then the President, after consultation
        with the Congress, shall implement the measures set forth in
        paragraph (2).
          "(C) If, under paragraph (A) the President determines and
        certifies in writing to the appropriate congressional
        committees that the Sudan People's Liberation Movement has not
        engaged in good faith negotiations to achieve a permanent,
        just, and equitable peace agreement, then paragraph (2) shall
        not apply to the Government of Sudan.
          "(D) If the President certifies to the appropriate
        congressional committees that the Government of Sudan is not in
        compliance with the terms of a permanent peace agreement
        between the Government of Sudan and the Sudan People's
        Liberation Movement, then the President, after consultation
        with the Congress, shall implement the measures set forth in
        paragraph (2).
          "(E) If, at any time after the President has made a
        certification under subparagraph (B), the President makes a
        determination and certifies in writing to the appropriate
        congressional committees that the Government of Sudan has
        resumed good faith negotiations, or makes a determination and
        certifies in writing to the appropriate congressional
        committees that the Government of Sudan is in compliance with a
        peace agreement, then paragraph (2) shall not apply to the
        Government of Sudan.
        "(2) Measures in support of the peace process. - Subject to the
      provisions of paragraph (1), the President -
          "(A) shall, through the Secretary of the Treasury, instruct
        the United States executive directors to each international
        financial institution to continue to vote against and actively
        oppose any extension by the respective institution of any loan,
        credit, or guarantee to the Government of Sudan;
          "(B) should consider downgrading or suspending diplomatic
        relations between the United States and the Government of
        Sudan;
          "(C) shall take all necessary and appropriate steps,
        including through multilateral efforts, to deny the Government
        of Sudan access to oil revenues to ensure that the Government
        of Sudan neither directly nor indirectly utilizes any oil
        revenues to purchase or acquire military equipment or to
        finance any military activities; and
          "(D) shall seek a United Nations Security Council Resolution
        to impose an arms embargo on the Government of Sudan.
      "(c) Report on the Status of Negotiations. - If, at any time
    after the President has made a certification under subsection
    (b)(1)(A), the Government of Sudan discontinues negotiations with
    the Sudan People's Liberation Movement for a 14-day period, then
    the President shall submit a quarterly report to the appropriate
    congressional committees on the status of the peace process until
    negotiations resume.
      "(d) Report on United States Opposition To Financing by
    International Financial Institutions. - The Secretary of the
    Treasury shall submit a semiannual report to the appropriate
    congressional committees describing the steps taken by the United
    States to oppose the extension of a loan, credit, or guarantee if,
    after the Secretary of the Treasury gives the instructions
    described in subsection (b)(2)(A), such financing is extended.
      "(e) Report on Efforts To Deny Oil Revenues. - Not later than 45
    days after the President takes an action under subsection
    (b)(2)(C), the President shall submit to the appropriate
    congressional committees a comprehensive plan for implementing the
    actions described in such subsection.
      "(f) Definition. - In this section, the term 'international
    financial institution' means the International Bank for
    Reconstruction and Development, the International Development
    Association, the International Monetary Fund, the African
    Development Bank, and the African Development Fund.
      "SEC. 7. MULTILATERAL PRESSURE ON COMBATANTS.
      "It is the sense of Congress that -
        "(1) the United Nations should help facilitate peace and
      recovery in Sudan;
        "(2) the President, acting through the United States Permanent
      Representative to the United Nations, should seek to end the veto
      power of the Government of Sudan over the plans by OLS for air
      transport relief flights and, by doing so, to end the
      manipulation of the delivery of relief supplies to the advantage
      of the Government of Sudan on the battlefield; and
        "(3) the President should take appropriate measures, including
      the implementation of recommendations of the International
      Eminent Persons Commission contained in the report issued on May
      22, 2002, to end slavery and aerial bombardment of civilians by
      the Government of Sudan.
      "SEC. 8. REPORTING REQUIREMENTS.
      "(a) Report on Commercial Activity. - Not later than 30 days
    after the date of the enactment of the Comprehensive Peace in Sudan
    Act of 2004 [Dec. 23, 2004], and annually thereafter until the
    completion of the interim period outlined in the Machakos Protocol
    of 2002, the Secretary of State, in consultation with relevant
    United States Government departments and agencies, shall submit to
    the appropriate congressional committees a report regarding
    commercial activity in Sudan that includes -
        "(1) a description of the sources and current status of Sudan's
      financing and construction of infrastructure and pipelines for
      oil exploitation, the effects of such financing and construction
      on the inhabitants of the regions in which the oil fields are
      located and the ability of the Government of Sudan to finance the
      war in Sudan with the proceeds of the oil exploitation;
        "(2) a description of the extent to which that financing was
      secured in the United States or with the involvement of United
      States citizens; and
        "(3) a description of the relationships between Sudan's arms
      industry and major foreign business enterprises and their
      subsidiaries, including government-controlled entities.
      "(b) Report on the Conflict in Sudan, Including the Darfur
    Region. - Not later than 30 days after the date of the enactment of
    the Comprehensive Peace in Sudan Act of 2004 [Dec. 23, 2004], and
    annually thereafter until the completion of the interim period
    outlined in the Machakos Protocol of 2002, the Secretary of State
    shall prepare and submit to the appropriate congressional
    committees a report regarding the conflict in Sudan, including the
    conflict in the Darfur region. Such report shall include -
        "(1) the best estimates of the extent of aerial bombardment of
      civilian centers in Sudan by the Government of Sudan, including
      targets, frequency, and best estimates of damage; and
        "(2) a description of the extent to which humanitarian relief
      in Sudan has been obstructed or manipulated by the Government of
      Sudan or other forces, and a contingency plan to distribute
      assistance should the Government of Sudan continue to obstruct or
      delay the international humanitarian response to the crisis in
      Darfur.
      "(c) Report on African Union Mission in Sudan. - Until such time
    as AMIS concludes its mission in Darfur, in conjunction with the
    other reports required under this section, the Secretary of State,
    in consultation with all relevant Federal departments and agencies,
    shall prepare and submit a report, to the appropriate congressional
    committees, regarding -
        "(1) a detailed description of all United States assistance
      provided to the African Union Mission in Sudan (referred to in
      this subsection as 'AMIS') since the establishment of AMIS,
      reported by fiscal year and the type and purpose of such
      assistance; and
        "(2) the level of other international assistance provided to
      AMIS, including assistance from countries, regional and
      international organizations, such as the North Atlantic Treaty
      Organization, the European Union, the Arab League, and the United
      Nations, reported by fiscal year and the type and purpose of such
      assistance, to the extent possible.
      "(d) Report on Sanctions in Support of Peace in Darfur. - In
    conjunction with the other reports required under this section, the
    Secretary of State shall submit a report to the appropriate
    congressional committees regarding sanctions imposed under section
    6 of the Comprehensive Peace in Sudan Act of 2004 [Pub. L. 108-497,
    set out above], including -
        "(1) a description of each sanction imposed under such
      provision of law;
        "(2) the name of the individual or entity subject to the
      sanction, if applicable; and
        "(3) whether or not such individual has been identified by the
      United Nations panel of experts.
      "(e) Report on United States Military Assistance. - In
    conjunction with the other reports required under this section, the
    Secretary of State shall submit a report to the appropriate
    congressional committees describing the effectiveness of any
    assistance provided under section 8 of the Darfur Peace and
    Accountability Act of 2006 [Pub. L. 109-344, set out above],
    including -
        "(1) a detailed annex on any military assistance provided in
      the period covered by this report;
        "(2) the results of any review or other monitoring conducted by
      the Federal Government with respect to assistance provided under
      that Act; and
        "(3) any unauthorized retransfer or use of military assistance
      furnished by the United States.
      "(g)[sic] Disclosure to the Public. - The Secretary of State
    shall publish or otherwise make available to the public each
    unclassified report, or portion of a report that is unclassified,
    submitted under subsection (a) or (b).
      "SEC. 9. CONTINUED USE OF NON-OLS ORGANIZATIONS FOR RELIEF
        EFFORTS.
      "(a) Sense of Congress. - It is the sense of the Congress that
    the President should continue to increase the use of non-OLS
    agencies in the distribution of relief supplies in southern Sudan.
      "(b) Report. - Not later than 90 days after the date of enactment
    of this Act [Oct. 21, 2002], the President shall submit to the
    appropriate congressional committees a detailed report describing
    the progress made toward carrying out subsection (a).
      "SEC. 10. CONTINGENCY PLAN FOR ANY BAN ON AIR TRANSPORT RELIEF
        FLIGHTS.
      "(a) Plan. - The President shall develop a contingency plan to
    provide, outside the auspices of the United Nations if necessary,
    the greatest possible amount of United States Government and
    privately donated relief to all affected areas in Sudan, including
    the Nuba Mountains and the Upper Nile and the Blue Nile regions, in
    the event that the Government of Sudan imposes a total, partial, or
    incremental ban on OLS air transport relief flights.
      "(b) Reprogramming Authority. - Notwithstanding any other
    provision of law, in carrying out the plan developed under
    subsection (a), the President may reprogram up to 100 percent of
    the funds available for support of OLS operations for the purposes
    of the plan.
      "SEC. 11. INVESTIGATION OF WAR CRIMES.
      "(a) In General. - The Secretary of State shall collect
    information about incidents which may constitute crimes against
    humanity, genocide, war crimes, and other violations of
    international humanitarian law by all parties to the conflict in
    Sudan, including slavery, rape, and aerial bombardment of civilian
    targets.
      "(b) Report. - Not later than 6 months after the date of the
    enactment of this Act [Oct. 21, 2002] and annually thereafter, the
    Secretary of State shall prepare and submit to the appropriate
    congressional committees a detailed report on the information that
    the Secretary of State has collected under subsection (a) and any
    findings or determinations made by the Secretary on the basis of
    that information. The report under this subsection may be submitted
    as part of the report required under section 8.
      "(c) Consultations With Other Departments. - In preparing the
    report required by this section, the Secretary of State shall
    consult and coordinate with all other Government officials who have
    information necessary to complete the report. Nothing contained in
    this section shall require the disclosure, on a classified or
    unclassified basis, of information that would jeopardize sensitive
    sources and methods or other vital national security interests.
      "SEC. 12. ASSISTANCE FOR THE CRISIS IN DARFUR AND FOR
        COMPREHENSIVE PEACE IN SUDAN.
      "(a) Assistance. -
        "(1) Authority. - Notwithstanding any other provision of law,
      the President is authorized to provide assistance for Sudan as
      authorized in paragraph (5) of this section -
          "(A) subject to the requirements of this section, to support
        the implementation of a comprehensive peace agreement that
        applies to all regions of Sudan, including the Darfur region;
        and
          "(B) to address the humanitarian and human rights crisis in
        the Darfur region and eastern Chad, including to support the
        African Union mission in the Darfur region, provided that no
        assistance may be made available to the Government of Sudan.
        "(2) Certification for the government of sudan. - Assistance
      authorized under paragraph (1)(A) may be provided to the
      Government of Sudan only if the President certifies to the
      appropriate congressional committees that the Government of Sudan
      has taken demonstrable steps to -
          "(A) ensure that the armed forces of Sudan and any associated
        militias are not committing atrocities or obstructing human
        rights monitors or the provision of humanitarian assistance;
          "(B) demobilize and disarm militias supported or created by
        the Government of Sudan;
          "(C) allow full and unfettered humanitarian assistance to all
        regions of Sudan, including the Darfur region;
          "(D) allow an international commission of inquiry to conduct
        an investigation of atrocities in the Darfur region, in a
        manner consistent with United Nations Security Council
        Resolution 1564 (September 18, 2004), to investigate reports of
        violations of international humanitarian law and human rights
        law in the Darfur region by all parties, to determine also
        whether or not acts of genocide have occurred and to identify
        the perpetrators of such violations with a view to ensuring
        that those responsible are held accountable;
          "(E) cooperate fully with the African Union, the United
        Nations, and all other observer, monitoring, and protection
        missions mandated to operate in Sudan;
          "(F) permit the safe and voluntary return of displaced
        persons and refugees to their homes and rebuild the communities
        destroyed in the violence; and
          "(G) implement the final agreements reached in the Naivasha
        peace process and install a new coalition government based on
        the Nairobi Declaration on the Final Phase of Peace in the
        Sudan signed on June 5, 2004.
        "(3) Certification with regard to splm's compliance with a
      peace agreement. - If the President determines and certifies in
      writing to the appropriate congressional committees that the SPLM
      has not engaged in good faith negotiations, or has failed to
      honor the agreements signed, the President shall suspend
      assistance authorized in this section for the SPLM, except for
      health care, education, and humanitarian assistance.
        "(4) Suspension of assistance. - If, on a date after the
      President transmits the certification described in paragraph (2),
      the President determines that the Government of Sudan has ceased
      taking the actions described in such paragraph, the President
      shall immediately suspend the provision of any assistance to such
      Government under this section until the date on which the
      President transmits to the appropriate congressional committees a
      further certification that the Government of Sudan has resumed
      taking such actions.
        "(5) Authorization of appropriations. -
          "(A) In general. - In addition to any other funds otherwise
        available for such purposes, there are authorized to be
        appropriated to the President -
            "(i) $100,000,000 for fiscal year 2005, and such sums as
          may be necessary for each of the fiscal years 2006 and 2007,
          unless otherwise authorized, to carry out paragraph (1)(A);
          and
            "(ii) $200,000,000 for fiscal year 2005 to carry out
          paragraph (1)(B), provided that no amounts appropriated under
          this authorization may be made available for the Government
          of Sudan.
          "(B) Availability. - Amounts appropriated pursuant to the
        authorization of appropriations under subparagraph (A) are
        authorized to remain available until expended.
      "(b) Government of Sudan Defined. - In this section, the term
    'Government of Sudan' means the National Congress Party, formerly
    known as the National Islamic Front, government in Khartoum, Sudan,
    or any successor government formed on or after the date of the
    enactment of the Comprehensive Peace in Sudan Act [of 2004, Dec.
    23, 2004] (other than the coalition government agreed upon in the
    Nairobi Declaration on the Final Phase of Peace in the Sudan signed
    on June 5, 2004)."
      [Memorandum of President of the United States, Oct. 21, 2004, 69
    F.R. 63039, delegated to the Secretary of State the determination,
    certification, and reporting functions of the President under
    sections 6(b)(1) and 6(c) of Pub. L. 107-245, set out above.]
      [Memorandum of President of the United States, Mar. 14, 2005, 70
    F.R. 14967, delegated to the Secretary of State the reporting
    function of the President under section 6(e) of Pub. L. 107-245,
    set out above.]

PRESIDENTIAL DETERMINATIONS ON THE SUDAN PEACE ACT

      Provisions certifying good faith negotiations between the
    Government of Sudan and the Sudan People's Liberation Movement were
    contained in the following:
      Determination of President of the United States, No. 2004-29,
    Apr. 21, 2004, 69 F.R. 24905.
      Determination of President of the United States, No. 2004-05,
    Oct. 21, 2003, 68 F.R. 63977.
      Determination of President of the United States, No. 2003-21,
    Apr. 21, 2003, 68 F.R. 20329.

ASSISTANCE EFFORTS IN SUDAN

      Pub. L. 108-199, div. D, title V, Sec. 534(j), Jan. 23, 2004, 118
    Stat. 182, defined terms for purposes of section 501 of Pub. L. 106-
    570, formerly set out below.
      Pub. L. 106-570, title V, Sec. 501, Dec. 27, 2000, 114 Stat.
    3050, authorized the President to undertake appropriate programs
    with indigenous groups, agencies, or organizations in areas outside
    of control of the Government of Sudan in order to benefit the
    economic development of that area and its people and exempted
    exports from those areas from the export prohibitions of Ex. Ord.
    No. 13067, prior to repeal by Pub. L. 109-344, Sec. 8(a), Oct. 13,
    2006, 120 Stat. 1879.
               IRAN, NORTH KOREA, AND SYRIA NONPROLIFERATION
      Pub. L. 106-178, Mar. 14, 2000, 114 Stat. 38, as amended by Pub.
    L. 107-228, div. B, title XIII, Sec. 1306, Sept. 30, 2002, 116
    Stat. 1438; Pub. L. 109-112, Secs. 3-4(e)(1), Nov. 22, 2005, 119
    Stat. 2368, 2369; Pub. L. 109-353, Sec. 3, Oct. 13, 2006, 120 Stat.
    2015, provided that:
      "SECTION 1. SHORT TITLE.
      "This Act may be cited as the 'Iran, North Korea, and Syria
    Nonproliferation Act'.
      "SEC. 2. REPORTS ON PROLIFERATION RELATING TO IRAN, NORTH KOREA,
        AND SYRIA.
      "(a) Reports. - The President shall, at the times specified in
    subsection (b), submit to the Committee on International Relations
    [now Committee on Foreign Affairs] 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 or acquired from Iran, on or after
    January 1, 2005, transferred to or acquired from Syria, or on or
    after January 1, 2006, transferred to or acquired from North Korea -
        "(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 subsequent revisions) and
        Guidelines for Transfers of Nuclear-Related Dual-Use Equipment,
        Material, and Related Technology (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, if
      they were United States goods, services, or technology,
      prohibited for export to Iran, North Korea, or Syria, as the case
      may be, 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
    be submitted not later than 90 days after the date of the enactment
    of this Act [Mar. 14, 2000], 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
    significant, or different in nature than previously reported under
    this section.
      "(d) Submission in Classified Form. - When the President
    considers it appropriate, reports submitted under subsection (a),
    or appropriate parts thereof, may be submitted in classified form.
      "(e) Content of Reports. - Each report under subsection (a) shall
    contain, with respect to each foreign person identified in such
    report, a brief description of the type and quantity of the goods,
    services, or technology transferred by that person to Iran, the
    circumstances surrounding the transfer, the usefulness of the
    transfer to Iranian weapons programs, and the probable awareness or
    lack thereof of the transfer on the part of the government with
    primary jurisdiction over the person.
      "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 measures 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 [22 U.S.C. 2751 et seq.].
        "(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 [50 U.S.C. App. 2401 et seq.] or the
      Export Administration Regulations.
      "(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 identifying the foreign
      person 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).
      "(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 [now Committee
    on Foreign Affairs] of the House of Representatives and the
    Committee on Foreign Relations 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
    considers it appropriate, the notification of the President under
    subsection (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 SECTIONS 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 [now Committee on Foreign Affairs] 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, knowingly
      transfer to or acquire from Iran, North Korea, or Syria, as the
      case may be, 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
      pursuant to section 2(a) did not materially contribute to the
      efforts of Iran, North Korea, or Syria, as the case may be, to
      develop nuclear, biological, or chemical weapons, or ballistic or
      cruise missile systems, or weapons listed on the Wassenaar
      Arrangement Munitions List of July 12, 1996, or any subsequent
      revision of that list;
        "(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 person
      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 -
        "(1) in every appropriate case, to contact in a timely fashion
      each foreign person identified in each report submitted pursuant
      to section 2(a), or the government with primary jurisdiction over
      such person, in order to afford such person, or governments, 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, establishes that the
      exercise of such authority is warranted.
      "(c) Submission in Classified Form. - When the President
    considers 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 WITH
        THE INTERNATIONAL SPACE STATION.
      "(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 International 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 International Relations [now
    Committee on Foreign Affairs] and the Committee on Science [now
    Committee on Science and Technology] 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 Preventing
    Proliferation Relating to Iran, North Korea, and Syria. - 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
      Federation to oppose the proliferation to or from Iran, North
      Korea, and Syria 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 or from Iran, North Korea, and Syria 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 or from Iran, North Korea, or Syria
      reportable under section 2(a) of this Act (other than transfers
      with respect to which a determination pursuant to section 5 has
      been or will be made).
      "(c) Prior Notification. - Not less than 5 days before making a
    determination under subsection (b), the President shall notify the
    Committee on International Relations [now Committee on Foreign
    Affairs] and the Committee on Science [now Committee on Science and
    Technology] 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
    determination.
      "(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
    considers it appropriate, a determination of the President under
    subsection (b), a prior notification under subsection (c), and a
    written justification under 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
      Aviation 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.
        "(2) Report. - Not later than 30 days after notifying Congress
      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 extraordinary
          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 International 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, preparation, 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 Androgynous 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;
          "(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
      Aeronautics 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
      a United States propulsion module is in place at the
      International 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, or any
    other 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 any other entity if the
    agency of the United States Government anticipates that such
    payments will be passed on to such a foreign person.
      "(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 [now Committee on Foreign Affairs] 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 [Nov. 22, 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,
      memorandum 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 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. 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 payments
      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,
      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 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, memorandum of understanding, or
      contract related thereto.
        "(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 government, including any foreign
        governmental entity; and
          "(D) any successor, subunit, or subsidiary of any entity
        described in subparagraph (A), (B), or (C), including any
        entity in which any entity described in any such subparagraph
        owns a controlling interest.
        "(3) Executive order no. 12938. - The term 'Executive Order No.
      12938' means Executive Order No. 12938 [listed in a table below]
      as in effect on January 1, 1999.
        "(4) Adherent to relevant nonproliferation regime. - A
      government is an 'adherent' to a 'relevant nonproliferation
      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 accordance 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 'organization or entity under the jurisdiction
        or control 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 [Mar. 14, 2000]; 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
            "(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."
      [Pub. L. 109-112, Sec. 4(e)(2), Nov. 22, 2005, 119 Stat. 2370,
    provided that: "Any reference in a law, regulation, document, or
    other record of the United States to the Iran Nonproliferation Act
    of 2000 [now Iran, North Korea, and Syria Nonproliferation Act,
    Pub. L. 106-198, set out above] shall be deemed to be a reference
    to the Iran and Syria Nonproliferation Act."]
      [Memorandum of President of the United States, Sept. 11, 2000, 65
    F.R. 56209, delegated to the Secretary of State functions and
    authorities conferred on the President under Pub. L. 106-178, set
    out above, with the exception of section 6(f) and (g), from which
    were delegated to the Secretary of State only section 6(f)(2)(A)
    and (g)(1)(B), with the remaining functions and authorities under
    section 6(f) and (g) delegated to the Administrator of the National
    Aeronautics and Space Administration, and provided that authorities
    and functions delegated by the memorandum could be redelegated.]
       APPLICATION OF AUTHORITIES UNDER THE INTERNATIONAL EMERGENCY
        ECONOMIC POWERS ACT TO COMMUNIST CHINESE MILITARY COMPANIES
      Pub. L. 105-261, div. A, title XII, Sec. 1237, Oct. 17, 1998, 112
    Stat. 2160, as amended by Pub. L. 106-398, Sec. 1 [[div. A], title
    XII, Sec. 1233], Oct. 30, 2000, 114 Stat. 1654, 1654A-330; Pub. L.
    108-375, div. A, title XII, Sec. 1222, Oct. 28, 2004, 118 Stat.
    2089, provided that:
      "(a) Presidential Authority. -
        "(1) In general. - The President may exercise IEEPA authorities
      (other than authorities relating to importation) without regard
      to section 202 of the International Emergency Economic Powers Act
      (50 U.S.C. 1701) in the case of any commercial activity in the
      United States by a person that is on the list published under
      subsection (b).
        "(2) Penalties. - The penalties set forth in section 206 of the
      International Emergency Economic Powers Act (50 U.S.C. 1705)
      apply to violations of any license, order, or regulation issued
      under paragraph (1).
        "(3) Ieepa authorities. - For purposes of paragraph (1), the
      term 'IEEPA authorities' means the authorities set forth in
      section 203(a) of the International Emergency Economic Powers Act
      (50 U.S.C. 1702(a)).
      "(b) Determination and Reporting of Communist Chinese Military
    Companies Operating in United States. -
        "(1) Initial determination and reporting. - Not later than
      March 1, 2001, the Secretary of Defense shall make a
      determination of those persons operating directly or indirectly
      in the United States or any of its territories and possessions
      that are Communist Chinese military companies and shall submit a
      list of those persons in classified and unclassified form to the
      following:
          "(A) The Committee on Armed Services of the House of
        Representatives.
          "(B) The Committee on Armed Services of the Senate.
          "(C) The Secretary of State.
          "(D) The Secretary of the Treasury.
          "(E) The Attorney General.
          "(F) The Secretary of Commerce.
          "(G) The Secretary of Energy.
          "(H) The Director of Central Intelligence.
        "(2) Annual revisions to the list. - The Secretary of Defense
      shall make additions or deletions to the list submitted under
      paragraph (1) on an annual basis based on the latest information
      available and shall submit the updated list not later than
      February 1, each year to the committees and officers specified in
      paragraph (1).
        "(3) Consultation. - The Secretary of Defense shall consult
      with the following officers in carrying out paragraphs (1) and
      (2):
          "(A) The Attorney General.
          "(B) The Director of Central Intelligence.
          "(C) The Director of the Federal Bureau of Investigation.
        "(4) Communist chinese military company. - For purposes of
      making the determination required by paragraph (1) and of
      carrying out paragraph (2), the term 'Communist Chinese military
      company' means -
          "(A) any person identified in the Defense Intelligence Agency
        publication numbered VP-1920-271-90, dated September 1990, or
        PC-1921-57-95, dated October 1995, and any update of those
        publications for the purposes of this section; and
          "(B) any other person that -
            "(i) is owned or controlled by, or affiliated with, the
          People's Liberation Army or a ministry of the government of
          the People's Republic of China or that is owned or controlled
          by an entity affiliated with the defense industrial base of
          the People's Republic of China; and
            "(ii) is engaged in providing commercial services,
          manufacturing, producing, or exporting.
      "(c) People's Liberation Army. - For purposes of this section,
    the term 'People's Liberation Army' means the land, naval, and air
    military services, the police, and the intelligence services of the
    Communist Government of the People's Republic of China, and any
    member of any such service or of such police."
      [Reference to the Director of Central Intelligence or the
    Director of the Central Intelligence Agency in the Director's
    capacity as the head of the intelligence community deemed to be a
    reference to the Director of National Intelligence. Reference to
    the Director of Central Intelligence or the Director of the Central
    Intelligence Agency in the Director's capacity as the head of the
    Central Intelligence Agency deemed to be a reference to the
    Director of the Central Intelligence Agency. See section 1081(a),
    (b) of Pub. L. 108-458, set out as a note under section 401 of this
    title.]
                              IRAN SANCTIONS
      Pub. L. 104-172, Aug. 5, 1996, 110 Stat. 1541, as amended by Pub.
    L. 107-24, Secs. 2(a), 3-5, Aug. 3, 2001, 115 Stat. 199, 200; Pub.
    L. 109-267, Sec. 1, Aug. 4, 2006, 120 Stat. 680; Pub. L. 109-293,
    title II, Secs. 201-202(b), 203-205(g)(1), Sept. 30, 2006, 120
    Stat. 1345-1347, provided that:
      "SECTION 1. SHORT TITLE.
      "This Act may be cited as the 'Iran Sanctions Act of 1996'.
      "SEC. 2. FINDINGS.
      "The Congress makes the following findings:
        "(1) The efforts of the Government of Iran to acquire weapons
      of mass destruction and the means to deliver them and its support
      of acts of international terrorism endanger the national security
      and foreign policy interests of the United States and those
      countries with which the United States shares common strategic
      and foreign policy objectives.
        "(2) The objective of preventing the proliferation of weapons
      of mass destruction and acts of international terrorism through
      existing multilateral and bilateral initiatives requires
      additional efforts to deny Iran the financial means to sustain
      its nuclear, chemical, biological, and missile weapons programs.
        "(3) The Government of Iran uses its diplomatic facilities and
      quasi-governmental institutions outside of Iran to promote acts
      of international terrorism and assist its nuclear, chemical,
      biological, and missile weapons programs.
      "SEC. 3. DECLARATION OF POLICY.
      "The Congress declares that it is the policy of the United States
    to deny Iran the ability to support acts of international terrorism
    and to fund the development and acquisition of weapons of mass
    destruction and the means to deliver them by limiting the
    development of Iran's ability to explore for, extract, refine, or
    transport by pipeline petroleum resources of Iran.
      "SEC. 4. MULTILATERAL REGIME.
      "(a) Multilateral Negotiations. - In order to further the
    objectives of section 3, the Congress urges the President to
    commence immediately diplomatic efforts, both in appropriate
    international fora such as the United Nations, and bilaterally with
    allies of the United States, to establish a multilateral sanctions
    regime against Iran, including provisions limiting the development
    of petroleum resources, that will inhibit Iran's efforts to carry
    out activities described in section 2.
      "(b) Reports to Congress. - The President shall report to the
    appropriate congressional committees, not later than 1 year after
    the date of the enactment of this Act [Aug. 5, 1996], and
    periodically thereafter, on the extent that diplomatic efforts
    described in subsection (a) have been successful. Each report shall
    include -
        "(1) the countries that have agreed to undertake measures to
      further the objectives of section 3 with respect to Iran, and a
      description of those measures; and
        "(2) the countries that have not agreed to measures described
      in paragraph (1), and, with respect to those countries, other
      measures (in addition to that provided in subsection (d)) the
      President recommends that the United States take to further the
      objectives of section 3 with respect to Iran.
      "(c) Waiver. -
        "(1) In general. - The President may, on a case by case basis,
      waive for a period of not more than six months the application of
      section 5(a) with respect to a national of a country, if the
      President certifies to the appropriate congressional committees
      at least 30 days before such waiver is to take effect that such
      waiver is vital to the national security interests of the United
      States.
        "(2) Subsequent renewal of waiver. - If the President
      determines that, in accordance with paragraph (1), such a waiver
      is appropriate, the President may, at the conclusion of the
      period of a waiver under paragraph (1), renew such waiver for
      subsequent periods of not more than six months each.
      "(d) Enhanced Sanction. -
        "(1) Sanction. - With respect to nationals of countries except
      those with respect to which the President has exercised the
      waiver authority of subsection (c), at any time after the first
      report is required to be submitted under subsection (b), section
      5(a) shall be applied by substituting '$20,000,000' for
      '$40,000,000' each place it appears, and by substituting
      '$5,000,000' for '$10,000,000'.
        "(2) Report to congress. - The President shall report to the
      appropriate congressional committees any country with respect to
      which paragraph (1) applies.
      "(e) Interim Report on Multilateral Sanctions; Monitoring. - The
    President, not later than 90 days after the date of the enactment
    of this Act, shall report to the appropriate congressional
    committees on -
        "(1) whether the member states of the European Union, the
      Republic of Korea, Australia, Israel, or Japan have legislative
      or administrative standards providing for the imposition of trade
      sanctions on persons or their affiliates doing business or having
      investments in Iran or Libya;
        "(2) the extent and duration of each instance of the
      application of such sanctions; and
        "(3) the disposition of any decision with respect to such
      sanctions by the World Trade Organization or its predecessor
      organization.
      "(f) Investigations. -
        "(1) In general. - The President should initiate an
      investigation into the possible imposition of sanctions under
      section 5(a) against a person upon receipt by the United States
      of credible information indicating that such person is engaged in
      investment activity in Iran as described in such section.
        "(2) Determination and notification. - Not later than 180 days
      after an investigation is initiated in accordance with paragraph
      (1), the President should determine, pursuant to section 5(a), if
      a person has engaged in investment activity in Iran as described
      in such section and shall notify the appropriate congressional
      committees of the basis for any such determination.
      "SEC. 5. IMPOSITION OF SANCTIONS.
      "(a) Sanctions With Respect to the Development of Petroleum
    Resources of Iran. - Except as provided in subsection (f), the
    President shall impose 2 or more of the sanctions described in
    paragraphs (1) through (6) of section 6 if the President determines
    that a person has, with actual knowledge, on or after the date of
    the enactment of this Act [Aug. 5, 1996], made an investment of
    $40,000,000 or more (or any combination of investments of at least
    $10,000,000 each, which in the aggregate equals or exceeds
    $40,000,000 in any 12-month period), that directly and
    significantly contributed to the enhancement of Iran's ability to
    develop petroleum resources of Iran.
      "(b) Mandatory Sanctions With Respect to Development of Weapons
    of Mass Destruction or Other Military Capabilities. - The President
    shall impose two or more of the sanctions described in paragraphs
    (1) through (6) of section 6 if the President determines that a
    person has, on or after the date of the enactment of this Act [Aug.
    5, 1996], exported, transferred, or otherwise provided to Iran any
    goods, services, technology, or other items knowing that the
    provision of such goods, services, technology, or other items would
    contribute materially to the ability of Iran to -
        "(1) acquire or develop chemical, biological, or nuclear
      weapons or related technologies; or
        "(2) acquire or develop destabilizing numbers and types of
      advanced conventional weapons.
      "(c) Persons Against Which the Sanctions Are To Be Imposed. - The
    sanctions described in subsections (a) and (b) shall be imposed on -
        "(1) any person the President determines has carried out the
      activities described in subsection (a) or (b); and
        "(2) any person the President determines -
          "(A) is a successor entity to the person referred to in
        paragraph (1);
          "(B) is a parent or subsidiary of the person referred to in
        paragraph (1) if that parent or subsidiary, with actual
        knowledge, engaged in the activities referred to in paragraph
        (1); or
          "(C) is an affiliate of the person referred to in paragraph
        (1) if that affiliate, with actual knowledge, engaged in the
        activities referred to in paragraph (1) and if that affiliate
        is controlled in fact by the person referred to in paragraph
        (1).
    For purposes of this Act, any person or entity described in this
    subsection shall be referred to as a 'sanctioned person'.
      "(d) Publication in Federal Register. - The President shall cause
    to be published in the Federal Register a current list of persons
    and entities on whom sanctions have been imposed under this Act.
    The removal of persons or entities from, and the addition of
    persons and entities to, the list, shall also be so published.
      "(e) Publication of Projects. - The President shall cause to be
    published in the Federal Register a list of all significant
    projects which have been publicly tendered in the oil and gas
    sector in Iran.
      "(f) Exceptions. - The President shall not be required to apply
    or maintain the sanctions under subsection (a) or (b) -
        "(1) in the case of procurement of defense articles or defense
      services -
          "(A) under existing contracts or subcontracts, including the
        exercise of options for production quantities to satisfy
        requirements essential to the national security of the United
        States;
          "(B) if the President determines in writing that the person
        to which the sanctions would otherwise be applied is a sole
        source supplier of the defense articles or services, that the
        defense articles or services are essential, and that
        alternative sources are not readily or reasonably available; or
          "(C) if the President determines in writing that such
        articles or services are essential to the national security
        under defense coproduction agreements;
        "(2) in the case of procurement, to eligible products, as
      defined in section 308(4) of the Trade Agreements Act of 1979 (19
      U.S.C. 2518(4)), of any foreign country or instrumentality
      designated under section 301(b)(1) of that Act (19 U.S.C.
      2511(b)(1));
        "(3) to products, technology, or services provided under
      contracts entered into before the date on which the President
      publishes in the Federal Register the name of the person on whom
      the sanctions are to be imposed;
        "(4) to -
          "(A) spare parts which are essential to United States
        products or production;
          "(B) component parts, but not finished products, essential to
        United States products or production; or
          "(C) routine servicing and maintenance of products, to the
        extent that alternative sources are not readily or reasonably
        available;
        "(6) to information and technology essential to United States
      products or production; or
        "(7) to medicines, medical supplies, or other humanitarian
      items.
      "SEC. 6. DESCRIPTION OF SANCTIONS.
      "The sanctions to be imposed on a sanctioned person under section
    5 are as follows:
        "(1) Export-import bank assistance for exports to sanctioned
      persons. - The President may direct the Export-Import Bank of the
      United States not to give approval to the issuance of any
      guarantee, insurance, extension of credit, or participation in
      the extension of credit in connection with the export of any
      goods or services to any sanctioned person.
        "(2) Export sanction. - The President may order the United
      States Government not to issue any specific license and not to
      grant any other specific permission or authority to export any
      goods or technology to a sanctioned person under -
          "(i) the Export Administration Act of 1979 [50 U.S.C. App.
        2401 et seq.];
          "(ii) the Arms Export Control Act [22 U.S.C. 2751 et seq.];
          "(iii) the Atomic Energy Act of 1954 [42 U.S.C. 2011 et
        seq.]; or
          "(iv) any other statute that requires the prior review and
        approval of the United States Government as a condition for the
        export or reexport of goods or services.
        "(3) Loans from united states financial institutions. - The
      United States Government may prohibit any United States financial
      institution from making loans or providing credits to any
      sanctioned person totaling more than $10,000,000 in any 12-month
      period unless such person is engaged in activities to relieve
      human suffering and the loans or credits are provided for such
      activities.
        "(4) Prohibitions on financial institutions. - The following
      prohibitions may be imposed against a sanctioned person that is a
      financial institution:
          "(A) Prohibition on designation as primary dealer. - Neither
        the Board of Governors of the Federal Reserve System nor the
        Federal Reserve Bank of New York may designate, or permit the
        continuation of any prior designation of, such financial
        institution as a primary dealer in United States Government
        debt instruments.
          "(B) Prohibition on service as a repository of government
        funds. - Such financial institution may not serve as agent of
        the United States Government or serve as repository for United
        States Government funds.
      The imposition of either sanction under subparagraph (A) or (B)
      shall be treated as 1 sanction for purposes of section 5, and the
      imposition of both such sanctions shall be treated as 2 sanctions
      for purposes of section 5.
        "(5) Procurement sanction. - The United States Government may
      not procure, or enter into any contract for the procurement of,
      any goods or services from a sanctioned person.
        "(6) Additional sanctions. - The President may impose
      sanctions, as appropriate, to restrict imports with respect to a
      sanctioned person, in accordance with the International Emergency
      Economic Powers Act (50 U.S.C. 1701 and following).
      "SEC. 7. ADVISORY OPINIONS.
      "The Secretary of State may, upon the request of any person,
    issue an advisory opinion to that person as to whether a proposed
    activity by that person would subject that person to sanctions
    under this Act. Any person who relies in good faith on such an
    advisory opinion which states that the proposed activity would not
    subject a person to such sanctions, and any person who thereafter
    engages in such activity, will not be made subject to such
    sanctions on account of such activity.
      "SEC. 8. TERMINATION OF SANCTIONS.
      "The requirement under section 5(a) to impose sanctions shall no
    longer have force or effect with respect to Iran if the President
    determines and certifies to the appropriate congressional
    committees that Iran -
        "(1) has ceased its efforts to design, develop, manufacture, or
      acquire -
          "(A) a nuclear explosive device or related materials and
        technology;
          "(B) chemical and biological weapons; and
          "(C) ballistic missiles and ballistic missile launch
        technology;
        "(2) has been removed from the list of countries the
      governments of which have been determined, for purposes of
      section 6(j) of the Export Administration Act of 1979 [50 U.S.C.
      App. 2405(j)], to have repeatedly provided support for acts of
      international terrorism; and
        "(3) poses no significant threat to United States national
      security, interests, or allies.
      "SEC. 9. DURATION OF SANCTIONS; PRESIDENTIAL WAIVER.
      "(a) Delay of Sanctions. -
        "(1) Consultations. - If the President makes a determination
      described in section 5(a) or 5(b) with respect to a foreign
      person, the Congress urges the President to initiate
      consultations immediately with the government with primary
      jurisdiction over that foreign person with respect to the
      imposition of sanctions under this Act.
        "(2) Actions by government of jurisdiction. - In order to
      pursue consultations under paragraph (1) with the government
      concerned, the President may delay imposition of sanctions under
      this Act for up to 90 days. Following such consultations, the
      President shall immediately impose sanctions unless the President
      determines and certifies to the Congress that the government has
      taken specific and effective actions, including, as appropriate,
      the imposition of appropriate penalties, to terminate the
      involvement of the foreign person in the activities that resulted
      in the determination by the President under section 5(a) or 5(b)
      concerning such person.
        "(3) Additional delay in imposition of sanctions. - The
      President may delay the imposition of sanctions for up to an
      additional 90 days if the President determines and certifies to
      the Congress that the government with primary jurisdiction over
      the person concerned is in the process of taking the actions
      described in paragraph (2).
        "(4) Report to congress. - Not later than 90 days after making
      a determination under section 5(a) or 5(b), the President shall
      submit to the appropriate congressional committees a report on
      the status of consultations with the appropriate foreign
      government under this subsection, and the basis for any
      determination under paragraph (3).
      "(b) Duration of Sanctions. - A sanction imposed under section 5
    shall remain in effect -
        "(1) for a period of not less than 2 years from the date on
      which it is imposed; or
        "(2) until such time as the President determines and certifies
      to the Congress that the person whose activities were the basis
      for imposing the sanction is no longer engaging in such
      activities and that the President has received reliable
      assurances that such person will not knowingly engage in such
      activities in the future, except that such sanction shall remain
      in effect for a period of at least 1 year.
      "(c) Presidential Waiver. -
        "(1) Authority. - The President may waive the requirement in
      section 5 to impose a sanction or sanctions on a person described
      in section 5(c), and may waive the continued imposition of a
      sanction or sanctions under subsection (b) of this section, 30
      days or more after the President determines and so reports to the
      appropriate congressional committees that it is important to the
      national interest of the United States to exercise such waiver
      authority.
        "(2) Contents of report. - Any report under paragraph (1) shall
      provide a specific and detailed rationale for the determination
      under paragraph (1), including -
          "(A) a description of the conduct that resulted in the
        determination under section 5(a) or (b), as the case may be;
          "(B) in the case of a foreign person, an explanation of the
        efforts to secure the cooperation of the government with
        primary jurisdiction over the sanctioned person to terminate
        or, as appropriate, penalize the activities that resulted in
        the determination under section 5(a) or (b), as the case may
        be;
          "(C) an estimate of the significance of the provision of the
        items described in section 5(a) or section 5(b) to Iran's
        ability to, respectively, develop its petroleum resources or
        its weapons of mass destruction or other military capabilities;
        and
          "(D) a statement as to the response of the United States in
        the event that the person concerned engages in other activities
        that would be subject to section 5(a) or (b).
        "(3) Effect of report on waiver. - If the President makes a
      report under paragraph (1) with respect to a waiver of sanctions
      on a person described in section 5(c), sanctions need not be
      imposed under section 5(a) or (b) on that person during the 30-
      day period referred to in paragraph (1).
      "SEC. 10. REPORTS REQUIRED.
      "(a) Report on Certain International Initiatives. - Not later
    than 6 months after the date of the enactment of this Act [Aug. 5,
    1996], and every 6 months thereafter, the President shall transmit
    a report to the appropriate congressional committees describing -
        "(1) the efforts of the President to mount a multilateral
      campaign to persuade all countries to pressure Iran to cease its
      nuclear, chemical, biological, and missile weapons programs and
      its support of acts of international terrorism;
        "(2) the efforts of the President to persuade other governments
      to ask Iran to reduce the presence of Iranian diplomats and
      representatives of other government and military or quasi-
      governmental institutions of Iran and to withdraw any such
      diplomats or representatives who participated in the takeover of
      the United States embassy in Tehran on November 4, 1979, or the
      subsequent holding of United States hostages for 444 days;
        "(3) the extent to which the International Atomic Energy Agency
      has established regular inspections of all nuclear facilities in
      Iran, including those presently under construction; and
        "(4) Iran's use of Iranian diplomats and representatives of
      other government and military or quasi-governmental institutions
      of Iran to promote acts of international terrorism or to develop
      or sustain Iran's nuclear, chemical, biological, and missile
      weapons programs.
      "(b) Report on Effectiveness of Actions Under This Act. - Not
    earlier than 24 months, and not later than 30 months, after the
    date of the enactment of the ILSA Extension Act of 2001 [Aug. 3,
    2001], the President shall transmit to Congress a report that
    describes -
        "(1) the extent to which actions relating to trade taken
      pursuant to this Act -
          "(A) have been effective in achieving the objectives of
        section 3 and any other foreign policy or national security
        objectives of the United States with respect to Iran; and
          "(B) have affected humanitarian interests in Iran, the
        country in which the sanctioned person is located, or in other
        countries; and
        "(2) the impact of actions relating to trade taken pursuant to
      this Act on other national security, economic, and foreign policy
      interests of the United States, including relations with
      countries friendly to the United States, and on the United States
      economy.
    The President may include in the report the President's
    recommendation on whether or not this Act should be terminated or
    modified.
      "(c) Other Reports. - The President shall ensure the continued
    transmittal to the Congress of reports describing -
        "(1) the nuclear and other military capabilities of Iran, as
      required by section 601(a) of the Nuclear Non-Proliferation Act
      of 1978 [22 U.S.C. 3281(a)] and section 1607 of the National
      Defense Authorization Act for Fiscal Year 1993 [Pub. L. 102-484,
      set out below]; and
        "(2) the support provided by Iran for acts of international
      terrorism, as part of the Department of State's annual report on
      international terrorism.
      "SEC. 11. DETERMINATIONS NOT REVIEWABLE.
      "A determination to impose sanctions under this Act shall not be
    reviewable in any court.
      "SEC. 12. EXCLUSION OF CERTAIN ACTIVITIES.
      "Nothing in this Act shall apply to any activities subject to the
    reporting requirements of title V of the National Security Act of
    1947 [50 U.S.C. 413 et seq.].
      "SEC. 13. EFFECTIVE DATE; SUNSET.
      "(a) Effective Date. - This Act shall take effect on the date of
    the enactment of this Act [Aug. 5, 1996].
      "(b) Sunset. - This Act shall cease to be effective on December
    31, 2011.
      "SEC. 14. DEFINITIONS.
      "As used in this Act:
        "(1) Act of international terrorism. - The term 'act of
      international terrorism' means an act -
          "(A) which is violent or dangerous to human life and that is
        a violation of the criminal laws of the United States or of any
        State or that would be a criminal violation if committed within
        the jurisdiction of the United States or any State; and
          "(B) which appears to be intended -
            "(i) to intimidate or coerce a civilian population;
            "(ii) to influence the policy of a government by
          intimidation or coercion; or
            "(iii) to affect the conduct of a government by
          assassination or kidnapping.
        "(2) Appropriate congressional committees. - The term
      'appropriate congressional committees' means the Committee on
      Finance, the Committee on Banking, Housing, and Urban Affairs,
      and the Committee on Foreign Relations of the Senate and the
      Committee on Ways and Means, the Committee on Banking and
      Financial Services [now Committee on Financial Services], and the
      Committee on International Relations [now Committee on Foreign
      Affairs] of the House of Representatives.
        "(3) Component part. - The term 'component part' has the
      meaning given that term in section 11A(e)(1) of the Export
      Administration Act of 1979 (50 U.S.C. App. 2410a(e)(1)).
        "(4) Develop and development. - To 'develop', or the
      'development' of, petroleum resources means the exploration for,
      or the extraction, refining, or transportation by pipeline of,
      petroleum resources.
        "(5) Financial institution. - The term 'financial institution'
      includes -
          "(A) a depository institution (as defined in section 3(c)(1)
        of the Federal Deposit Insurance Act [12 U.S.C. 1813(c)(1)]),
        including a branch or agency of a foreign bank (as defined in
        section 1(b)(7) of the International Banking Act of 1978 [12
        U.S.C. 3101(b)(7)]);
          "(B) a credit union;
          "(C) a securities firm, including a broker or dealer;
          "(D) an insurance company, including an agency or
        underwriter; and
          "(E) any other company that provides financial services.
        "(6) Finished product. - The term 'finished product' has the
      meaning given that term in section 11A(e)(2) of the Export
      Administration Act of 1979 (50 U.S.C. App. 2410a(e)(2)).
        "(7) Foreign person. - The term 'foreign person' means -
          "(A) an individual who is not a United States person or an
        alien lawfully admitted for permanent residence into the United
        States; or
          "(B) a corporation, partnership, or other nongovernmental
        entity which is not a United States person.
        "(8) Goods and technology. - The terms 'goods' and 'technology'
      have the meanings given those terms in section 16 of the Export
      Administration Act of 1979 (50 U.S.C. App. 2415).
        "(9) Investment. - The term 'investment' means any of the
      following activities if such activity is undertaken pursuant to
      an agreement, or pursuant to the exercise of rights under such an
      agreement, that is entered into with the Government of Iran or a
      nongovernmental entity in Iran on or after the date of the
      enactment of this Act [Aug. 5, 1996]:
          "(A) The entry into a contract that includes responsibility
        for the development of petroleum resources located in Iran, or
        the entry into a contract providing for the general supervision
        and guarantee of another person's performance of such a
        contract.
          "(B) The purchase of a share of ownership, including an
        equity interest, in that development.
          "(C) The entry into a contract providing for the
        participation in royalties, earnings, or profits in that
        development, without regard to the form of the participation.
      The term 'investment' does not include the entry into,
      performance, or financing of a contract to sell or purchase
      goods, services, or technology. For purposes of this paragraph,
      an amendment or other modification that is made, on or after June
      13, 2001, to an agreement or contract shall be treated as the
      entry of an agreement or contract.
        "(10) Iran. - The term 'Iran' includes any agency or
      instrumentality of Iran.
        "(11) Iranian diplomats and representatives of other government
      and military or quasi-governmental institutions of iran. - The
      term 'Iranian diplomats and representatives of other government
      and military or quasi-governmental institutions of Iran' includes
      employees, representatives, or affiliates of Iran's -
          "(A) Foreign Ministry;
          "(B) Ministry of Intelligence and Security;
          "(C) Revolutionary Guard Corps;
          "(D) Crusade for Reconstruction;
          "(E) Qods (Jerusalem) Forces;
          "(F) Interior Ministry;
          "(G) Foundation for the Oppressed and Disabled;
          "(H) Prophet's Foundation;
          "(I) June 5th Foundation;
          "(J) Martyr's Foundation;
          "(K) Islamic Propagation Organization; and
          "(L) Ministry of Islamic Guidance.
        "(12) Nuclear explosive device. - The term 'nuclear explosive
      device' means any device, whether assembled or disassembled, that
      is designed to produce an instantaneous release of an amount of
      nuclear energy from special nuclear material (as defined in
      section 11(aa) of the Atomic Energy Act of 1954 [42 U.S.C.
      2014(aa)]) that is greater than the amount of energy that would
      be released from the detonation of one pound of trinitrotoluene
      (TNT).
        "(13) Person. - The term 'person' means -
          "(A) a natural person;
          "(B) a corporation, business association, partnership,
        society, trust, any other nongovernmental entity, organization,
        or group, and any governmental entity operating as a business
        enterprise; and
          "(C) any successor to any entity described in subparagraph
        (B).
        "(14) Petroleum resources. - The term 'petroleum resources'
      includes petroleum and natural gas resources.
        "(15) United states or state. - The term 'United States' or
      'State' means the several States, the District of Columbia, the
      Commonwealth of Puerto Rico, the Commonwealth of the Northern
      Mariana Islands, American Samoa, Guam, the United States Virgin
      Islands, and any other territory or possession of the United
      States.
        "(16) United states person. - The term 'United States person'
      means -
          "(A) a natural person who is a citizen of the United States
        or who owes permanent allegiance to the United States; and
          "(B) a corporation or other legal entity which is organized
        under the laws of the United States, any State or territory
        thereof, or the District of Columbia, if natural persons
        described in subparagraph (A) own, directly or indirectly, more
        than 50 percent of the outstanding capital stock or other
        beneficial interest in such legal entity."
      [Pub. L. 109-293, title II, Sec. 202(c), Sept. 30, 2006, 120
    Stat. 1346, provided that: "The amendments made by this section
    [amending section 5 of Pub. L. 104-172, set out above] shall apply
    with respect to actions taken on or after June 6, 2006."]
      [Pub. L. 109-293, title II, Sec. 205(g)(2), Sept. 30, 2006, 120
    Stat. 1347, provided that: "Any reference in any other provision of
    law, regulation, document, or other record of the United States to
    the 'Iran and Libya Sanctions Act of 1996' shall be deemed to be a
    reference to the 'Iran Sanctions Act of 1996' [Pub. L. 104-172, set
    out above]."]
      [Pub. L. 107-24, Sec. 2(b), Aug. 3, 2001, 115 Stat. 199, provided
    that: "The amendments made by subsection (a) [amending section 5 of
    Pub. L. 104-172, set out above] shall apply to investments made on
    or after June 13, 2001."]
      [Memorandum of President of the United States, Nov. 21, 1996, 61
    F.R. 64249, delegated to the Secretary of State, in consultation
    with the Departments of the Treasury and Commerce and the United
    States Trade Representative, and with the Export-Import Bank and
    Federal Reserve Board and other interested agencies as appropriate
    functions vested in the President by sections 4(c), 5(a), (b), (c),
    (f), 6(1), (2), and 9(c) of Pub. L. 104-172, set out above,
    delegated to the Secretary of State functions vested in the
    President by sections 4(a), (b), (d), (e), 5(d), (e), 9(a), (b),
    and 10 of Pub. L. 104-172, provided that any reference to
    provisions of any Act related to the subject of the memorandum be
    deemed to include references to any subsequent provision of law
    that is the same or substantially the same as such provisions, and
    provided that only the functions vested in the President by
    sections 4(a), (b), (d), (e), 5(d), (e), and 10 of Pub. L. 104-172
    and delegated by the memorandum could be redelegated.]

EXECUTIVE ORDER

    DETERMINATION AND CERTIFICATION UNDER SECTION 8(B) OF THE IRAN AND
                            LIBYA SANCTIONS ACT
      Determination of President of the United States, No. 2004-30,
    Apr. 23, 2004, 69 F.R. 24907, provided:
      Memorandum for the Secretary of State
      Pursuant to section 8(b) of the Iran and Libya Sanctions Act of
    1996 [now Iran Sanctions Act of 1996] (Public Law 104-172; 50
    U.S.C. 1701 note), as amended (Public Law 107-24), I hereby
    determine and certify that Libya has fulfilled the requirements of
    United Nations Security Council Resolution 731, adopted January 21,
    1992, United Nations Security Council Resolution 748, adopted March
    31, 1992, and United Nations Security Council Resolution 883,
    adopted November 11, 1993.
      You are authorized and directed to transmit this determination
    and certification to the appropriate congressional committees and
    to arrange for its publication in the Federal Register.
                                                         George W. Bush.

SANCTIONS AGAINST SERBIA AND MONTENEGRO

      Pub. L. 106-113, div. B, Sec. 1000(a)(2) [title V, Sec. 599],
    Nov. 29, 1999, 113 Stat. 1535, 1501A-127, provided that:
      "(a) Continuation of Executive Branch Sanctions. - The sanctions
    listed in subsection (b) shall remain in effect for fiscal year
    2000, unless the President submits to the Committees on
    Appropriations and Foreign Relations in the Senate and the
    Committees on Appropriations and International Relations [now
    Foreign Affairs] of the House of Representatives a certification
    described in subsection (c).
      "(b) Applicable Sanctions. -
        "(1) The Secretary of the Treasury shall instruct the United
      States executive directors of the international financial
      institutions to work in opposition to, and vote against, any
      extension by such institutions of any financial or technical
      assistance or grants of any kind to the government of Serbia.
        "(2) The Secretary of State should instruct the United States
      Ambassador to the Organization for Security and Cooperation in
      Europe (OSCE) to block any consensus to allow the participation
      of Serbia in the OSCE or any organization affiliated with the
      OSCE.
        "(3) The Secretary of State should instruct the United States
      Representative to the United Nations to vote against any
      resolution in the United Nations Security Council to admit Serbia
      to the United Nations or any organization affiliated with the
      United Nations, to veto any resolution to allow Serbia to assume
      the United Nations' membership of the former Socialist Federal
      Republic of Yugoslavia, and to take action to prevent Serbia from
      assuming the seat formerly occupied by the Socialist Federal
      Republic of Yugoslavia.
        "(4) The Secretary of State should instruct the United States
      Permanent Representative on the Council of the North Atlantic
      Treaty Organization to oppose the extension of the Partnership
      for Peace program or any other organization affiliated with NATO
      to Serbia.
        "(5) The Secretary of State should instruct the United States
      Representatives to the Southeast European Cooperative Initiative
      (SECI) to oppose and to work to prevent the extension of SECI
      membership to Serbia.
      "(c) Certification. - A certification described in this
    subsection is a certification that -
        "(1) the representatives of the successor states to the
      Socialist Federal Republic of Yugoslavia have successfully
      negotiated the division of assets and liabilities and all other
      succession issues following the dissolution of the Socialist
      Federal Republic of Yugoslavia;
        "(2) the Government of Serbia is fully complying with its
      obligations as a signatory to the General Framework Agreement for
      Peace in Bosnia and Herzegovina;
        "(3) the Government of Serbia is fully cooperating with and
      providing unrestricted access to the International Criminal
      Tribunal for the former Yugoslavia, including surrendering
      persons indicted for war crimes who are within the jurisdiction
      of the territory of Serbia, and with the investigations
      concerning the commission of war crimes and crimes against
      humanity in Kosova;
        "(4) the Government of Serbia is implementing internal
      democratic reforms; and
        "(5) Serbian federal governmental officials, and
      representatives of the ethnic Albanian community in Kosova have
      agreed on, signed, and begun implementation of a negotiated
      settlement on the future status of Kosova.
      "(d) Statement of Policy. - It is the sense of the Congress that
    the United States should not restore full diplomatic relations with
    Serbia until the President submits to the Committees on
    Appropriations and Foreign Relations in the Senate and the
    Committees on Appropriations and International Relations [now
    Foreign Affairs] in the House of Representatives the certification
    described in subsection (c).
      "(e) Exemption of Montenegro and Kosova. - The sanctions
    described in subsection (b) shall not apply to Montenegro or
    Kosova.
      "(f) Definition. - The term 'international financial institution'
    includes the International Monetary Fund, the International Bank
    for Reconstruction and Development, the International Development
    Association, the International Finance Corporation, the
    Multilateral Investment Guaranty Agency, and the European Bank for
    Reconstruction and Development.
      "(g) Waiver Authority. - The President may waive the application
    in whole or in part, of any sanction described in subsection (b) if
    the President certifies to the Congress that the President has
    determined that the waiver is necessary to meet emergency
    humanitarian needs."
      Pub. L. 105-277, div. A, Sec. 101(d) [title V, Sec. 539], Oct.
    21, 1998, 112 Stat. 2681-150, 2681-182, provided that:
      "(a) Restrictions. - None of the funds in this or any other Act
    may be made available to modify or remove any sanction, prohibition
    or requirement with respect to Serbia-Montenegro unless the
    President first submits to the Congress a certification described
    in subsection (c).
      "(b) International Financial Institutions. - The Secretary of the
    Treasury shall instruct the United States executive directors of
    the international financial institutions to work in opposition to,
    and vote against, any extension by such institutions of any
    financial or technical assistance or grants of any kind to the
    government of Serbia-Montenegro, unless the President first submits
    to the Congress a certification described in subsection (c).
      "(c) Certification. - A certification described in this
    subsection is a certification that -
        "(1) there is substantial improvement in the human rights
      situation in Kosova;
        "(2) international human rights observers are allowed to return
      to Kosova;
        "(3) Serbian, Serbian-Montenegrin federal government officials,
      and representatives of the ethnic Albanian community in Kosova
      have agreed on and begun implementation of a negotiated
      settlement on the future status of Kosova; and
        "(4) the government of Serbia-Montenegro is fully complying
      with its obligations as a signatory to the General Framework
      Agreement for Peace in Bosnia-Herzegovina including fully
      cooperating with the International Criminal Tribunal for the
      Former Yugoslavia.
      "(d) Waiver Authority. - The President may waive the application,
    in whole or in part, of subsections (a) and (b) if he certifies in
    writing to the Congress that the waiver is necessary to meet
    emergency humanitarian needs or to advance negotiations toward a
    peaceful settlement of the conflict in Kosova that is acceptable to
    the parties.
      "(e) Exemption for Montenegro. - This section shall not apply to
    Montenegro."
      [For delegation of functions of President under section 101(d)
    [title V, Sec. 539] of div. A of Pub. L. 105-277, set out above,
    see Ex. Ord. No. 12163, Sept. 29, 1979, 44 F.R. 56673, as amended,
    set out as a note under section 2381 of Title 22, Foreign Relations
    and Intercourse.]
      Similar provisions were contained in the following prior
    appropriation acts:
      Pub. L. 104-208, div. A, title I, Sec. 101(c) [title V, Sec.
    540], Sept. 30, 1996, 110 Stat. 3009-121, 3009-155.
      Pub. L. 104-107, title V, Sec. 540A(a)-(c), Feb. 12, 1996, 110
    Stat. 737.
      Pub. L. 103-160, div. A, title XV, Sec. 1511, Nov. 30, 1993, 107
    Stat. 1839, provided that:
      "(a) Codification of Executive Branch Sanctions. - The sanctions
    imposed on Serbia and Montenegro, as in effect on the date of the
    enactment of this Act [Nov. 30, 1993], that were imposed by or
    pursuant to the following directives of the executive branch shall
    (except as provided under subsections (d) and (e)) remain in effect
    until changed by law:
        "(1) Executive Order 12808 of May 30, 1992 [listed in a table
      below], as continued in effect on May 25, 1993.
        "(2) Executive Order 12810 of June 5, 1992 [listed in a table
      below].
        "(3) Executive Order 12831 of January 15, 1993 [listed in a
      table below].
        "(4) Executive Order 12846 of April 25, 1993 [listed in a table
      below].
        "(5) Department of State Public Notice 1427, effective July 11,
      1991.
        "(6) Proclamation 6389 of December 5, 1991 (56 Fed. Register
      64467).
        "(7) Department of Transportation Order 92-5-38 of May 20,
      1992.
        "(8) Federal Aviation Administration action of June 19, 1992
      (14 C.F.R. Part 91).
      "(b) Prohibition on Assistance. - No funds appropriated or
    otherwise made available by law may be obligated or expended on
    behalf of the government of Serbia or the government of Montenegro.
      "(c) International Financial Institutions. - The Secretary of the
    Treasury shall instruct the United States executive director of
    each international financial institution to use the voice and vote
    of the United States to oppose any assistance from that institution
    to the government of Serbia or the government of Montenegro, except
    for basic human needs.
      "(d) Exception. - Notwithstanding any other provision of law, the
    President is authorized and encouraged to exempt from sanctions
    imposed against Serbia and Montenegro that are described in
    subsection (a) those United States-supported programs, projects, or
    activities that involve reform of the electoral process, the
    development of democratic institutions or democratic political
    parties, or humanitarian assistance (including refugee care and
    human rights observation).
      "(e) Waiver Authority. - (1) The President may waive or modify
    the application, in whole or in part, of any sanction described in
    subsection (a), the prohibition in subsection (b), or the
    requirement in subsection (c).
      "(2) Such a waiver or modification may only be effective upon
    certification by the President to Congress that the President has
    determined that the waiver or modification is necessary (A) to meet
    emergency humanitarian needs, or (B) to achieve a negotiated
    settlement of the conflict in Bosnia-Herzegovina that is acceptable
    to the parties."

PRESIDENTIAL CERTIFICATIONS TO SUSPEND SANCTIONS IMPOSED ON THE GOVERNMENT OF SERBIA AND THE GOVERNMENT OF MONTENEGRO

      Provisions suspending sanctions imposed on the governments of
    Serbia and Montenegro pursuant to section 1511 of Pub. L. 103-160,
    set out above, were contained in the following:
      Determination of President of the United States, No. 01-7, Dec.
    19, 2000, 66 F.R. 1013.
      Determination of President of the United States, No. 99-14, Feb.
    16, 1999, 64 F.R. 9263.
      Determination of President of the United States, No. 97-26, May
    30, 1997, 62 F.R. 32015.
      Determination of the President of the United States, No. 96-7,
    Dec. 27, 1995, 61 F.R. 2887.

IRAN-IRAQ ARMS NON-PROLIFERATION

      Pub. L. 102-484, div. A, title XVI, Oct. 23, 1992, 106 Stat.
    2571, as amended by Pub. L. 104-106, div. A, title XIV, Sec.
    1408(a)-(c), Feb. 10, 1996, 110 Stat. 494; Pub. L. 107-228, div. B,
    title XIII, Sec. 1308(g)(1)(C), Sept. 30, 2002, 116 Stat. 1441,
    provided that:
      "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 chemical, biological, or nuclear weapons
    or 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 chemical, biological, or nuclear weapons
    or 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 and Foreign Affairs 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) Repealed. Pub. L. 107-228, div. B, title XIII, Sec.
    1308(g)(1)(C), Sept. 30, 2002, 116 Stat. 1441.]
      "(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 and Foreign Affairs 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 urgent humanitarian
        assistance or medicine;
          "(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.]
         PAYMENT OF CLAIMS BY UNITED STATES NATIONALS AGAINST IRAQ
      Pub. L. 101-519, Sec. 131, Nov. 5, 1990, 104 Stat. 2249, which
    authorized President to vest title in a portion of property in
    which transactions were blocked pursuant to Executive Order 12722,
    listed in a table below, in order to satisfy obligations owed to
    United States Government and United States nationals for which Iraq
    had suspended repayment, was repealed by Pub. L. 102-27, title IV,
    Sec. 402(a), Apr. 10, 1991, 105 Stat. 155, as amended by Pub. L.
    102-136, Sec. 126, Oct. 25, 1991, 105 Stat. 643, effective Nov. 5,
    1990.
                              IRAQ SANCTIONS
      Pub. L. 101-513, title V, Secs. 586-586J, Nov. 5, 1990, 104 Stat.
    2047-2054, provided that:
      "SEC. 586. SHORT TITLE.
      "Sections 586 through 586J of this Act may be cited as the 'Iraq
    Sanctions Act of 1990'.
      "SEC. 586A. DECLARATIONS REGARDING IRAQ'S INVASION OF KUWAIT.
      "The Congress -
        "(1) condemns Iraq's invasion of Kuwait on August 2, 1990;
        "(2) supports the actions that have been taken by the President
      in response to that invasion;
        "(3) calls for the immediate and unconditional withdrawal of
      Iraqi forces from Kuwait;
        "(4) supports the efforts of the United Nations Security
      Council to end this violation of international law and threat to
      international peace;
        "(5) supports the imposition and enforcement of multilateral
      sanctions against Iraq;
        "(6) calls on United States allies and other countries to
      support fully the efforts of the United Nations Security Council,
      and to take other appropriate actions, to bring about an end to
      Iraq's occupation of Kuwait; and
        "(7) condemns the brutal occupation of Kuwait by Iraq and its
      gross violations of internationally recognized human rights in
      Kuwait, including widespread arrests, torture, summary
      executions, and mass extrajudicial killings.
      "SEC. 586B. CONSULTATIONS WITH CONGRESS.
      "The President shall keep the Congress fully informed, and shall
    consult with the Congress, with respect to current and anticipated
    events regarding the international crisis caused by Iraq's invasion
    of Kuwait, including with respect to United States actions.
      "SEC. 586C. TRADE EMBARGO AGAINST IRAQ.
      "(a) Continuation of Embargo. - Except as otherwise provided in
    this section, the President shall continue to impose the trade
    embargo and other economic sanctions with respect to Iraq and
    Kuwait that the United States is imposing, in response to Iraq's
    invasion of Kuwait, pursuant to Executive Orders Numbered 12724 and
    12725 [listed in a table below] (August 9, 1990) and, to the extent
    they are still in effect, Executive Orders Numbered 12722 and 12723
    [listed in a table below] (August 2, 1990). Notwithstanding any
    other provision of law, no funds, credits, guarantees, or insurance
    appropriated or otherwise made available by this or any other Act
    for fiscal year 1991 or any fiscal year thereafter shall be used to
    support or administer any financial or commercial operation of any
    United States Government department, agency, or other entity, or of
    any person subject to the jurisdiction of the United States, for
    the benefit of the Government of Iraq, its agencies or
    instrumentalities, or any person working on behalf of the
    Government of Iraq, contrary to the trade embargo and other
    economic sanctions imposed in accordance with this section.
      "(b) Humanitarian Assistance. - To the extent that transactions
    involving foodstuffs or payments for foodstuffs are exempted 'in
    humanitarian circumstances' from the prohibitions established by
    the United States pursuant to United Nations Security Council
    Resolution 661 (1990), those exemptions shall be limited to
    foodstuffs that are to be provided consistent with United Nations
    Security Council Resolution 666 (1990) and other relevant Security
    Council resolutions.
      "(c) Notice to Congress of Exceptions to and Termination of
    Sanctions. -
        "(1) Notice of regulations. - Any regulations issued after the
      date of enactment of this Act [Nov. 5, 1990] with respect to the
      economic sanctions imposed with respect to Iraq and Kuwait by the
      United States under Executive Orders Numbered 12722 and 12723
      (August 2, 1990) and Executive Orders Numbered 12724 and 12725
      (August 9, 1990) shall be submitted to the Congress before those
      regulations take effect.
        "(2) Notice of termination of sanctions. - The President shall
      notify the Congress at least 15 days before the termination, in
      whole or in part, of any sanction imposed with respect to Iraq or
      Kuwait pursuant to those Executive orders.
      "(d) Relation to Other Laws. -
        "(1) Sanctions legislation. - The sanctions that are described
      in subsection (a) are in addition to, and not in lieu of the
      sanctions provided for in section 586G of this Act or any other
      provision of law.
        "(2) National emergencies and united nations legislation. -
      Nothing in this section supersedes any provision of the National
      Emergencies Act [50 U.S.C. 1601 et seq.] or any authority of the
      President under the International Emergency Economic Powers Act
      [50 U.S.C. 1701 et seq.] or section 5(a) of the United Nations
      Participation Act of 1945 [22 U.S.C. 287c(a)].
      "SEC. 586D. COMPLIANCE WITH UNITED NATIONS SANCTIONS AGAINST
        IRAQ.
      "(a) Denial of Assistance. - None of the funds appropriated or
    otherwise made available pursuant to this Act [see Tables for
    classification] to carry out the Foreign Assistance Act of 1961 [22
    U.S.C. 2151 et seq.] (including title IV of chapter 2 of part I [22
    U.S.C. 2191 et seq.], relating to the Overseas Private Investment
    Corporation) or the Arms Export Control Act [22 U.S.C. 2751 et
    seq.] may be used to provide assistance to any country that is not
    in compliance with the United Nations Security Council sanctions
    against Iraq unless the President determines and so certifies to
    the Congress that -
        "(1) such assistance is in the national interest of the United
      States;
        "(2) such assistance will directly benefit the needy people in
      that country; or
        "(3) the assistance to be provided will be humanitarian
      assistance for foreign nationals who have fled Iraq and Kuwait.
      "(b) Import Sanctions. - If the President considers that the
    taking of such action would promote the effectiveness of the
    economic sanctions of the United Nations and the United States
    imposed with respect to Iraq, and is consistent with the national
    interest, the President may prohibit, for such a period of time as
    he considers appropriate, the importation into the United States of
    any or all products of any foreign country that has not prohibited -
        "(1) the importation of products of Iraq into its customs
      territory, and
        "(2) the export of its products to Iraq.
      "SEC. 586E. PENALTIES FOR VIOLATIONS OF EMBARGO.
      "Notwithstanding section 206 of the International Emergency
    Economic Powers Act (50 U.S.C. 1705) and section 5(b) of the United
    Nations Participation Act of 1945 (22 U.S.C. 287c(b)) -
        "(1) a civil penalty of not to exceed $250,000 may be imposed
      on any person who, after the date of enactment of this Act [Nov.
      5, 1990], violates or evades or attempts to violate or evade
      Executive Order Numbered 12722, 12723, 12724, or 12725 [listed in
      a table below] or any license, order, or regulation issued under
      any such Executive order; and
        "(2) whoever, after the date of enactment of this Act,
      willfully violates or evades or attempts to violate or evade
      Executive Order Numbered 12722, 12723, 12724, or 12725 or any
      license, order, or regulation issued under any such Executive
      order -
          "(A) shall, upon conviction, be fined not more than
        $1,000,000, if a person other than a natural person; or
          "(B) if a natural person, shall, upon conviction, be fined
        not more than $1,000,000, be imprisoned for not more than 12
        years, or both.
    Any officer, director, or agent of any corporation who knowingly
    participates in a violation, evasion, or attempt described in
    paragraph (2) may be punished by imposition of the fine or
    imprisonment (or both) specified in subparagraph (B) of that
    paragraph.
      "SEC. 586F. DECLARATIONS REGARDING IRAQ'S LONG-STANDING
        VIOLATIONS OF INTERNATIONAL LAW.
      "(a) Iraq's Violations of International Law. - The Congress
    determines that -
        "(1) the Government of Iraq has demonstrated repeated and
      blatant disregard for its obligations under international law by
      violating the Charter of the United Nations, the Protocol for the
      Prohibition of the Use in War of Asphyxiating, Poisonous or Other
      Gases, and of Bacteriological Methods of Warfare (done at Geneva,
      June 17, 1925), as well as other international treaties;
        "(2) the Government of Iraq is a party to the International
      Covenant on Civil and Political Rights and the International
      Covenant on Economic, Social, and Cultural Rights and is
      obligated under the Covenants, as well as the Universal
      Declaration of Human Rights, to respect internationally
      recognized human rights;
        "(3) the State Department's Country Reports on Human Rights
      Practices for 1989 again characterizes Iraq's human rights record
      as 'abysmal';
        "(4) Amnesty International, Middle East Watch, and other
      independent human rights organizations have documented extensive,
      systematic, and continuing human rights abuses by the Government
      of Iraq, including summary executions, mass political killings,
      disappearances, widespread use of torture, arbitrary arrests and
      prolonged detention without trial of thousands of political
      opponents, forced relocation and deportation, denial of nearly
      all civil and political rights such as freedom of association,
      assembly, speech, and the press, and the imprisonment, torture,
      and execution of children;
        "(5) since 1987, the Government of Iraq has intensified its
      severe repression of the Kurdish minority of Iraq, deliberately
      destroyed more than 3,000 villages and towns in the Kurdish
      regions, and forcibly expelled more than 500,000 people, thus
      effectively depopulating the rural areas of Iraqi Kurdistan;
        "(6) Iraq has blatantly violated international law by
      initiating use of chemical weapons in the Iran-Iraq war;
        "(7) Iraq has also violated international law by using chemical
      weapons against its own Kurdish citizens, resulting in tens of
      thousands of deaths and more than 65,000 refugees;
        "(8) Iraq continues to expand its chemical weapons capability,
      and President Saddam Hussein has threatened to use chemical
      weapons against other nations;
        "(9) persuasive evidence exists that Iraq is developing
      biological weapons in violation of international law;
        "(10) there are strong indications that Iraq has taken steps to
      produce nuclear weapons and has attempted to smuggle from the
      United States, in violation of United States law, components for
      triggering devices used in nuclear warheads whose manufacture
      would contravene the Treaty on the Non-Proliferation of Nuclear
      Weapons, to which Iraq is a party; and
        "(11) Iraqi President Saddam Hussein has threatened to use
      terrorism against other nations in violation of international law
      and has increased Iraq's support for the Palestine Liberation
      Organization and other Palestinian groups that have conducted
      terrorist acts.
      "(b) Human Rights Violations. - The Congress determines that the
    Government of Iraq is engaged in a consistent pattern of gross
    violations of internationally recognized human rights. All
    provisions of law that impose sanctions against a country whose
    government is engaged in a consistent pattern of gross violations
    of internationally recognized human rights shall be fully enforced
    against Iraq.
      "(c) Support for International Terrorism. - (1) The Congress
    determines that Iraq is a country which has repeatedly provided
    support for acts of international terrorism, a country which grants
    sanctuary from prosecution to individuals or groups which have
    committed an act of international terrorism, and a country which
    otherwise supports international terrorism. The provisions of law
    specified in paragraph (2) and all other provisions of law that
    impose sanctions against a country which has repeatedly provided
    support for acts of international terrorism, which grants sanctuary
    from prosecution to an individual or group which has committed an
    act of international terrorism, or which otherwise supports
    international terrorism shall be fully enforced against Iraq.
      "(2) The provisions of law referred to in paragraph (1) are -
        "(A) section 40 of the Arms Export Control Act [22 U.S.C.
      2780];
        "(B) section 620A of the Foreign Assistance Act of 1961 [22
      U.S.C. 2371];
        "(C) sections 555 and 556 of this Act [104 Stat. 2021, 2022]
      (and the corresponding sections of predecessor foreign operations
      appropriations Acts); and
        "(D) section 555 of the International Security and Development
      Cooperation Act of 1985 [99 Stat. 227].
      "(d) Multilateral Cooperation. - The Congress calls on the
    President to seek multilateral cooperation -
        "(1) to deny dangerous technologies to Iraq;
        "(2) to induce Iraq to respect internationally recognized human
      rights; and
        "(3) to induce Iraq to allow appropriate international
      humanitarian and human rights organizations to have access to
      Iraq and Kuwait, including the areas in northern Iraq
      traditionally inhabited by Kurds.
      "SEC. 586G. SANCTIONS AGAINST IRAQ.
      "(a) Imposition. - Except as provided in section 586H, the
    following sanctions shall apply with respect to Iraq:
        "(1) FMS sales. - The United States Government shall not enter
      into any sale with Iraq under the Arms Export Control Act [22
      U.S.C. 2751 et seq.].
        "(2) Commercial arms sales. - Licenses shall not be issued for
      the export to Iraq of any item on the United States Munitions
      List.
        "(3) Exports of certain goods and technology. - The authorities
      of section 6 of the Export Administration Act of 1979 (50 U.S.C.
      App. 2405) shall be used to prohibit the export to Iraq of any
      goods or technology listed pursuant to that section or section
      5(c)(1) of that Act (50 U.S.C. App. 2404(c)(1)) on the control
      list provided for in section 4(b) of that Act (50 U.S.C. App.
      2403(b)).
        "(4) Nuclear equipment, materials, and technology. -
          "(A) NRC licenses. - The Nuclear Regulatory Commission shall
        not issue any license or other authorization under the Atomic
        Energy Act of 1954 (42 U.S.C. 2011 and following) for the
        export to Iraq of any source or special nuclear material, any
        production or utilization facility, any sensitive nuclear
        technology, any component, item, or substance determined to
        have significance for nuclear explosive purposes pursuant to
        section 109b. of the Atomic Energy Act of 1954 (42 U.S.C.
        2139(b)), or any other material or technology requiring such a
        license or authorization.
          "(B) Distribution of nuclear materials. - The authority of
        the Atomic Energy Act of 1954 shall not be used to distribute
        any special nuclear material, source material, or byproduct
        material to Iraq.
          "(C) DOE authorizations. - The Secretary of Energy shall not
        provide a specific authorization under section 57b.(2) of the
        Atomic Energy Act of 1954 (42 U.S.C. 2077(b)(2)) for any
        activity that would constitute directly or indirectly engaging
        in Iraq in activities that require a specific authorization
        under that section.
        "(5) Assistance from international financial institutions. -
      The United States shall oppose any loan or financial or technical
      assistance to Iraq by international financial institutions in
      accordance with section 701 of the International Financial
      Institutions Act (22 U.S.C. 262d).
        "(6) Assistance through the export-import bank. - Credits and
      credit guarantees through the Export-Import Bank of the United
      States shall be denied to Iraq.
        "(7) Assistance through the commodity credit corporation. -
      Credit, credit guarantees, and other assistance through the
      Commodity Credit Corporation shall be denied to Iraq.
        "(8) Foreign assistance. - All forms of assistance under the
      Foreign Assistance Act of 1961 (22 U.S.C. 2151 and following)
      other than emergency assistance for medical supplies and other
      forms of emergency humanitarian assistance, and under the Arms
      Export Control Act (22 U.S.C. 2751 and following) shall be denied
      to Iraq.
      "(b) Contract Sanctity. - For purposes of the export controls
    imposed pursuant to subsection (a)(3), the date described in
    subsection (m)(1) of section 6 of the Export Administration Act of
    1979 (50 U.S.C. App. 2405) shall be deemed to be August 1, 1990.
      "SEC. 586H. WAIVER AUTHORITY.
      "(a) In General. - The President may waive the requirements of
    any paragraph of section 586G(a) if the President makes a
    certification under subsection (b) or subsection (c).
      "(b) Certification of Fundamental Changes in Iraqi Policies and
    Actions. - The authority of subsection (a) may be exercised 60 days
    after the President certifies to the Congress that -
        "(1) the Government of Iraq -
          "(A) has demonstrated, through a pattern of conduct,
        substantial improvement in its respect for internationally
        recognized human rights;
          "(B) is not acquiring, developing, or manufacturing (i)
        ballistic missiles, (ii) chemical, biological, or nuclear
        weapons, or (iii) components for such weapons; has forsworn the
        first use of such weapons; and is taking substantial and
        verifiable steps to destroy or otherwise dispose of any such
        missiles and weapons it possesses; and
          "(C) does not provide support for international terrorism;
        "(2) the Government of Iraq is in substantial compliance with
      its obligations under international law, including -
          "(A) the Charter of the United Nations;
          "(B) the International Covenant on Civil and Political Rights
        (done at New York, December 16, 1966) and the International
        Covenant on Economic, Social, and Cultural Rights (done at New
        York, December 16, 1966);
          "(C) the Convention on the Prevention and Punishment of the
        Crime of Genocide (done at Paris, December 9, 1948);
          "(D) the Protocol for the Prohibition of the Use in War of
        Asphyxiating, Poisonous or Other Gases, and of Bacteriological
        Methods of Warfare (done at Geneva, June 17, 1925);
          "(E) the Treaty on the Non-Proliferation of Nuclear Weapons
        (done at Washington, London, and Moscow, July 1, 1968); and
          "(F) the Convention on the Prohibition of the Development,
        Production and Stockpiling of Bacteriological (Biological) and
        Toxin Weapons and on Their Destruction (done at Washington,
        London, and Moscow, April 10, 1972); and
        "(3) the President has determined that it is essential to the
      national interests of the United States to exercise the authority
      of subsection (a).
      "(c) Certification of Fundamental Changes in Iraqi Leadership and
    Policies. - The authority of subsection (a) may be exercised 30
    days after the President certifies to the Congress that -
        "(1) there has been a fundamental change in the leadership of
      the Government of Iraq; and
        "(2) the new Government of Iraq has provided reliable and
      credible assurance that -
          "(A) it respects internationally recognized human rights and
        it will demonstrate such respect through its conduct;
          "(B) it is not acquiring, developing, or manufacturing and it
        will not acquire, develop, or manufacture (i) ballistic
        missiles, (ii) chemical, biological, or nuclear weapons, or
        (iii) components for such weapons; has forsworn the first use
        of such weapons; and is taking substantial and verifiable steps
        to destroy or otherwise dispose of any such missiles and
        weapons it possesses;
          "(C) it is not and will not provide support for international
        terrorism; and
          "(D) it is and will continue to be in substantial compliance
        with its obligations under international law, including all the
        treaties specified in subparagraphs (A) through (F) of
        subsection (b)(2).
      "(d) Information To Be Included in Certifications. - Any
    certification under subsection (b) or (c) shall include the
    justification for each determination required by that subsection.
    The certification shall also specify which paragraphs of section
    586G(a) the President will waive pursuant to that certification.
      "SEC. 586I. DENIAL OF LICENSES FOR CERTAIN EXPORTS TO COUNTRIES
        ASSISTING IRAQ'S ROCKET OR CHEMICAL, BIOLOGICAL, OR NUCLEAR
        WEAPONS CAPABILITY.
      "(a) Restriction on Export Licenses. - None of the funds
    appropriated by this or any other Act may be used to approve the
    licensing for export of any supercomputer to any country whose
    government the President determines is assisting, or whose
    government officials the President determines are assisting, Iraq
    to improve its rocket technology or chemical, biological, or
    nuclear weapons capability.
      "(b) Negotiations. - The President is directed to begin immediate
    negotiations with those governments with which the United States
    has bilateral supercomputer agreements, including the Government of
    the United Kingdom and the Government of Japan, on conditions
    restricting the transfer to Iraq of supercomputer or associated
    technology.
      "SEC. 586J. REPORTS TO CONGRESS.
      "(a) Study and Report on the International Export to Iraq of
    Nuclear, Biological, Chemical, and Ballistic Missile Technology. -
    (1) The President shall conduct a study on the sale, export, and
    third party transfer or development of nuclear, biological,
    chemical, and ballistic missile technology to or with Iraq
    including -
        "(A) an identification of specific countries, as well as
      companies and individuals, both foreign and domestic, engaged in
      such sale or export of, nuclear, biological, chemical, and
      ballistic missile technology;
        "(B) a detailed description and analysis of the international
      supply, information, support, and coproduction network,
      individual, corporate, and state, responsible for Iraq's current
      capability in the area of nuclear, biological, chemical, and
      ballistic missile technology; and
        "(C) a recommendation of standards and procedures against which
      to measure and verify a decision of the Government of Iraq to
      terminate the development, production, coproduction, and
      deployment of nuclear, biological, chemical, and offensive
      ballistic missile technology as well as the destruction of all
      existing facilities associated with such technologies.
      "(2) The President shall include in the study required by
    paragraph (1) specific recommendations on new mechanisms, to
    include, but not be limited to, legal, political, economic and
    regulatory, whereby the United States might contribute, in
    conjunction with its friends, allies, and the international
    community, to the management, control, or elimination of the threat
    of nuclear, biological, chemical, and ballistic missile
    proliferation.
      "(3) Not later than March 30, 1991, the President shall submit to
    the Committee on Appropriations and the Committee on Foreign
    Relations of the Senate and the Committee on Appropriations and the
    Committee on Foreign Affairs of the House of Representatives, a
    report, in both classified and unclassified form, setting forth the
    findings of the study required by paragraph (1) of this subsection.
      "(b) Study and Report on Iraq's Offensive Military Capability. -
    (1) The President shall conduct a study on Iraq's offensive
    military capability and its effect on the Middle East balance of
    power including an assessment of Iraq's power projection
    capability, the prospects for another sustained conflict with Iran,
    joint Iraqi-Jordanian military cooperation, the threat Iraq's arms
    transfer activities pose to United States allies in the Middle
    East, and the extension of Iraq's political-military influence into
    Africa and Latin America.
      "(2) Not later than March 30, 1991, the President shall submit to
    the Committee on Appropriations and the Committee on Foreign
    Relations of the Senate and the Committee on Appropriations and the
    Committee on Foreign Affairs of the House of Representatives, a
    report, in both classified and unclassified form, setting forth the
    findings of the study required by paragraph (1).
      "(c) Report on Sanctions Taken by Other Nations Against Iraq. -
    (1) The President shall prepare a report on the steps taken by
    other nations, both before and after the August 2, 1990, invasion
    of Kuwait, to curtail the export of goods, services, and
    technologies to Iraq which might contribute to, or enhance, Iraq's
    nuclear, biological, chemical, and ballistic missile capability.
      "(2) The President shall provide a complete accounting of
    international compliance with each of the sanctions resolutions
    adopted by the United Nations Security Council against Iraq since
    August 2, 1990, and shall list, by name, each country which to his
    knowledge, has provided any assistance to Iraq and the amount and
    type of that assistance in violation of each United Nations
    resolution.
      "(3) The President shall make every effort to encourage other
    nations, in whatever forum or context, to adopt sanctions toward
    Iraq similar to those contained in this section.
      "(4) Not later than every 6 months after the date of enactment of
    this Act [Nov. 5, 1990], the President shall submit to the
    Committee on Appropriations and the Committee on Foreign Relations
    of the Senate and the Committee on Appropriations and the Committee
    on Foreign Affairs of the House of Representatives, a report in
    both classified and unclassified form, setting forth the findings
    of the study required by paragraph (1) of this subsection."
      [Provisions similar to section 586D of Pub. L. 101-513, set out
    above, relating to compliance with sanctions against Iraq were
    contained in the following appropriations acts:
      [Pub. L. 108-7, div. E, title V, Sec. 531, Feb. 20, 2003, 117
    Stat. 192.
      [Pub. L. 107-115, title V, Sec. 531, Jan. 10, 2002, 115 Stat.
    2150.
      [Pub. L. 106-429, Sec. 101(a) [title V, Sec. 534], Nov. 6, 2000,
    114 Stat. 1900, 1900A-34.
      [Pub. L. 106-113, div. B, Sec. 1000(a)(2) [title V, Sec. 534],
    Nov. 29, 1999, 113 Stat. 1535, 1501A-93.
      [Pub. L. 105-277, div. A, Sec. 101(d) [title V, Sec. 535], Oct.
    21, 1998, 112 Stat. 2681-150, 2681-181.
      [Pub. L. 105-118, title V, Sec. 534, Nov. 26, 1997, 111 Stat.
    2416.
      [Pub. L. 104-208, div. A, title I, Sec. 101(c) [title V, Sec.
    533], Sept. 30, 1996, 110 Stat. 3009-121, 3009-152.
      [Pub. L. 104-107, title V, Sec. 534, Feb. 12, 1996, 110 Stat.
    734.
      [Pub. L. 103-306, title V, Sec. 538, Aug. 23, 1994, 108 Stat.
    1639.
      [Pub. L. 103-87, title V, Sec. 539, Sept. 30, 1993, 107 Stat.
    957.
      [Pub. L. 102-391, title V, Sec. 573, Oct. 6, 1992, 106 Stat.
    1683.]
      Pub. L. 101-510, div. A, title XIV, Sec. 1458, Nov. 5, 1990, 104
    Stat. 1697, provided that: "If the President considers that the
    taking of such action would promote the effectiveness of the
    economic sanctions of the United Nations and the United States
    imposed with respect to Iraq, and is consistent with the national
    interest, the President may prohibit, for such a period of time as
    he considers appropriate, the importation into the United States of
    any or all products of any foreign country that has not -
        "(1) prohibited -
          "(A) the importation of products of Iraq into its customs
        territory, and
          "(B) the export of its products to Iraq; or
        "(2) given assurances satisfactory to the President that such
      import and export sanctions will be promptly implemented."

EXECUTIVE ORDER

      SUSPENDING THE IRAQ SANCTIONS ACT, MAKING INAPPLICABLE CERTAIN
     STATUTORY PROVISIONS RELATED TO IRAQ, AND DELEGATING AUTHORITIES,
     UNDER THE EMERGENCY WARTIME SUPPLEMENTAL APPROPRIATIONS ACT, 2003
      Determination of President of the United States, No. 2003-23, May
    7, 2003, 68 F.R. 26459, provided:
      Memorandum for the Secretary of State [and] the Secretary of
    Commerce
      By virtue of the authority vested in me by the Constitution and
    the laws of the United States, including sections 1503 and 1504 of
    the Emergency Wartime Supplemental Act, 2003 [Emergency Wartime
    Supplemental Appropriations Act, 2003], Public Law 108-11 (the
    "Act") [117 Stat. 579], and section 301 of title 3, United States
    Code, I hereby:
      (1) suspend the application of all of the provisions, other than
    section 586E, of the Iraq Sanctions Act of 1990, Public Law 101-513
    [set out above], and
      (2) make inapplicable with respect to Iraq section 620A of the
    Foreign Assistance Act of 1961, Public Law 87-195, as amended [22
    U.S.C. 2371] (the "FAA"), and any other provision of law that
    applies to countries that have supported terrorism.
      In addition, I delegate the functions and authorities conferred
    upon the President by:
      (1) section 1503 of the Act to submit reports to the designated
    committees of the Congress to the Secretary of Commerce, or until
    such time as the principal licensing responsibility for the export
    to Iraq of items on the Commerce Control List has reverted to the
    Department of Commerce, to the Secretary of the Treasury; and,
      (2) section 1504 of the Act to the Secretary of State.
      The functions and authorities delegated herein may be further
    delegated and redelegated to the extent consistent with applicable
    law.
      The Secretary of State is authorized and directed to publish this
    determination in the Federal Register.
                                                         George W. Bush.

IRAN CLAIMS SETTLEMENT

      Pub. L. 99-93, title V, Aug. 16, 1985, 99 Stat. 437, provided for
    the determination of the validity and amounts of claims by United
    States nationals against Iran which were settled en bloc by the
    United States.

EXECUTIVE DOCUMENTS

      Provisions relating to the exercise of Presidential authorities
    to declare national emergencies for unusual and extraordinary
    threats with respect to the actions of certain persons and
    countries are contained in the following:
                           AFGHANISTAN (TALIBAN)
      Ex. Ord. No. 13129, July 4, 1999, 64 F.R. 36759, revoked by Ex.
    Ord. No. 13268, July 2, 2002, 67 F.R. 44751.
        Continuations of national emergency declared by Ex. Ord. No.
      13129 were contained in the following:
        Notice of President of the United States, dated June 30, 2001,
      66 F.R. 35363.
        Notice of President of the United States, dated June 30, 2000,
      65 F.R. 41549.
      Ex. Ord. No. 13268, July 2, 2002, 67 F.R. 44751.
                              ANGOLA (UNITA)
      Ex. Ord. No. 12865, Sept. 26, 1993, 58 F.R. 51005, revoked by Ex.
    Ord. No. 13298, May 6, 2003, 68 F.R. 24857.
        Continuations of national emergency declared by Ex. Ord. No.
      12865 were contained in the following:
        Notice of President of the United States, dated Sept. 23, 2002,
      67 F.R. 60105.
        Notice of President of the United States, dated Sept. 24, 2001,
      66 F.R. 49084.
        Notice of President of the United States, dated Sept. 22, 2000,
      65 F.R. 57721.
        Notice of President of the United States, dated Sept. 21, 1999,
      64 F.R. 51419.
        Notice of President of the United States, dated Sept. 23, 1998,
      63 F.R. 51509.
        Notice of President of the United States, dated Sept. 24, 1997,
      62 F.R. 50477.
        Notice of President of the United States, dated Sept. 16, 1996,
      61 F.R. 49047.
        Notice of President of the United States, dated Sept. 18, 1995,
      60 F.R. 48621.
        Notice of President of the United States, dated Aug. 17, 1994,
      59 F.R. 42749.
      Ex. Ord. No. 13069, Dec. 12, 1997, 62 F.R. 65989, revoked by Ex.
    Ord. No. 13298, May 6, 2003, 68 F.R. 24857.
      Ex. Ord. No. 13098, Aug. 18, 1998, 63 F.R. 44771, revoked by Ex.
    Ord. No. 13298, May 6, 2003, 68 F.R. 24857.
      Ex. Ord. No. 13298, May 6, 2003, 68 F.R. 24857.
                                  BELARUS
      Ex. Ord. No. 13405, June 16, 2006, 71 F.R. 35485.
        Continuation of national emergency declared by Ex. Ord. No.
      13405 was contained in the following:
        Notice of President of the United States, dated June 14, 2007,
      72 F.R. 33381.
                                   BURMA
      Ex. Ord. No. 13047, May 20, 1997, 62 F.R. 28301, sections 1 to 7
    of which were revoked by Ex. Ord. No. 13310, Sec. 12, July 28,
    2003, 68 F.R. 44855, to the extent inconsistent with Ex. Ord. No.
    13310.
        Continuations of national emergency declared by Ex. Ord. No.
      13047 were contained in the following:
        Notice of President of the United States, dated May 17, 2007,
      72 F.R. 28447.
        Notice of President of the United States, dated May 18, 2006,
      71 F.R. 29239.
        Notice of President of the United States, dated May 17, 2005,
      70 F.R. 28771.
        Notice of President of the United States, dated May 17, 2004,
      69 F.R. 29041.
        Notice of President of the United States, dated May 16, 2003,
      68 F.R. 27425.
        Notice of President of the United States, dated May 16, 2002,
      67 F.R. 35423.
        Notice of President of the United States, dated May 15, 2001,
      66 F.R. 27443.
        Notice of President of the United States, dated May 18, 2000,
      65 F.R. 32005.
        Notice of President of the United States, dated May 18, 1999,
      64 F.R. 27443.
        Notice of President of the United States, dated May 18, 1998,
      63 F.R. 27661.
      Ex. Ord. No. 13310, July 28, 2003, 68 F.R. 44853.
      Ex. Ord. No. 13448, Oct. 18, 2007, 72 F.R. 60223.
                                 COLOMBIA
      Ex. Ord. No. 12978, Oct. 21, 1995, 60 F.R. 54579, as amended by
    Ex. Ord. No. 13286, Sec. 22, Feb. 28, 2003, 68 F.R. 10624.
        Continuations of national emergency declared by Ex. Ord. No.
      12978 were contained in the following:
        Notice of President of the United States, dated Oct. 18, 2007,
      72 F.R. 59473.
        Notice of President of the United States, dated Oct. 19, 2006,
      71 F.R. 62053.
        Notice of President of the United States, dated Oct. 19, 2005,
      70 F.R. 61209.
        Notice of President of the United States, dated Oct. 19, 2004,
      69 F.R. 61733.
        Notice of President of the United States, dated Oct. 16, 2003,
      68 F.R. 60023.
        Notice of President of the United States, dated Oct. 16, 2002,
      67 F.R. 64307.
        Notice of President of the United States, dated Oct. 16, 2001,
      66 F.R. 53073.
        Notice of President of the United States, dated Oct. 19, 2000,
      65 F.R. 63193.
        Notice of President of the United States, dated Oct. 19, 1999,
      64 F.R. 56667.
        Notice of President of the United States, dated Oct. 19, 1998,
      63 F.R. 56079.
        Notice of President of the United States, dated Oct. 17, 1997,
      62 F.R. 54561.
        Notice of President of the United States, dated Oct. 16, 1996,
      61 F.R. 54531.
                            COôTE D'IVOIRE
      Ex. Ord. No. 13396, Feb. 7, 2006, 71 F.R. 7389.
        Continuation of national emergency declared by Ex. Ord. No.
      13396 was contained in the following:
        Notice of President of the United States, dated Feb. 5, 2007,
      72 F.R. 5593.
         COUNTRIES AND PERSONS COMMITTING OR SUPPORTING TERRORISM
      Ex. Ord. No. 12947, Jan. 23, 1995, 60 F.R. 5079, as amended by
    Ex. Ord. No. 13099, Secs. 1, 2, Aug. 20, 1998, 63 F.R. 45167; Ex.
    Ord. No. 13372, Sec. 2, Feb. 16, 2005, 70 F.R. 8499.
        Continuations of national emergency declared by Ex. Ord. No.
      12947 were contained in the following:
        Notice of President of the United States, dated Jan. 18, 2007,
      72 F.R. 2595.
        Notice of President of the United States, dated Jan. 18, 2006,
      71 F.R. 3407.
        Notice of President of the United States, dated Jan. 17, 2005,
      70 F.R. 3277.
        Notice of President of the United States, dated Jan. 16, 2004,
      69 F.R. 2991.
        Notice of President of the United States, dated Jan. 20, 2003,
      68 F.R. 3161.
        Notice of President of the United States, dated Jan. 18, 2002,
      67 F.R. 3033.
        Notice of President of the United States, dated Jan. 19, 2001,
      66 F.R. 7371.
        Notice of President of the United States, dated Jan. 19, 2000,
      65 F.R. 3581.
        Notice of President of the United States, dated Jan. 20, 1999,
      64 F.R. 3393.
        Notice of President of the United States, dated Jan. 21, 1998,
      63 F.R. 3445.
        Notice of President of the United States, dated Jan. 21, 1997,
      62 F.R. 3439.
        Notice of President of the United States, dated Jan. 18, 1996,
      61 F.R. 1695.
      Ex. Ord. No. 13224, Sept. 23, 2001, 66 F.R. 49079, as amended by
    Ex. Ord. No. 13268, Sec. 1, July 2, 2002, 67 F.R. 44751; Ex. Ord.
    No. 13284, Sec. 4, Jan. 23, 2003, 68 F.R. 4075; Ex. Ord. No. 13372,
    Sec. 1, Feb. 16, 2005, 70 F.R. 8499.
        Continuations of national emergency declared by Ex. Ord. No.
      13224 were contained in the following:
        Notice of President of the United States, dated Sept. 20, 2007,
      72 F.R. 54205.
        Notice of President of the United States, dated Sept. 21, 2006,
      71 F.R. 55725.
        Notice of President of the United States, dated Sept. 21, 2005,
      70 F.R. 55703.
        Notice of President of the United States, dated Sept. 21, 2004,
      69 F.R. 56923.
        Notice of President of the United States, dated Sept. 18, 2003,
      68 F.R. 55189.
        Notice of President of the United States, dated Sept. 19, 2002,
      67 F.R. 59447.
      Ex. Ord. No. 13372, Feb. 16, 2005, 70 F.R. 8499.
      COUNTRIES AND PERSONS PROLIFERATING WEAPONS OF MASS DESTRUCTION
      Ex. Ord. No. 12735, Nov. 16, 1990, 55 F.R. 48587, revoked by Ex.
    Ord. No. 12938, Sec. 10, Nov. 14, 1994, 59 F.R. 59099.
        Continuations of national emergency declared by Ex. Ord. No.
      12735 were contained in the following:
        Notice of President of the United States, dated Nov. 12, 1993,
      58 F.R. 60361.
        Notice of President of the United States, dated Nov. 11, 1992,
      57 F.R. 53979.
        Notice of President of the United States, dated Nov. 14, 1991,
      56 F.R. 58171.
      Ex. Ord. No. 12868, Sept. 30, 1993, 58 F.R. 51749, revoked, with
    savings provision, by Ex. Ord. No. 12930, Sec. 3, Sept. 29, 1994,
    59 F.R. 50475.
      Ex. Ord. No. 12930, Sept. 29, 1994, 59 F.R. 50475, revoked by Ex.
    Ord. No. 12938, Sec. 10, Nov. 14, 1994, 59 F.R. 59099.
      Ex. Ord. No. 12938, Nov. 14, 1994, 59 F.R. 59099, as amended by
    Ex. Ord. No. 13094, Sec. 1, July 28, 1998, 63 F.R. 40803; Ex. Ord.
    No. 13128, June 25, 1999, 64 F.R. 34704; Ex. Ord. No. 13382, Sec.
    4, June 28, 2005, 70 F.R. 38568.
        Continuations of national emergency declared by Ex. Ord. No.
      12938 were contained in the following:
        Notice of President of the United States, dated Nov. 8, 2007,
      72 F.R. 63963.
        Notice of President of the United States, dated Oct. 27, 2006,
      71 F.R. 64109.
        Notice of President of the United States, dated Oct. 25, 2005,
      70 F.R. 62027.
        Notice of President of the United States, dated Nov. 4, 2004,
      69 F.R. 64637.
        Notice of President of the United States, dated Oct. 29, 2003,
      68 F.R. 62209.
        Notice of President of the United States, dated Nov. 6, 2002,
      67 F.R. 68493.
        Notice of President of the United States, dated Nov. 9, 2001,
      66 F.R. 56965.
        Notice of President of the United States, dated Nov. 9, 2000,
      65 F.R. 68063.
        Notice of President of the United States, dated Nov. 10, 1999,
      64 F.R. 61767.
        Notice of President of the United States, dated Nov. 12, 1998,
      63 F.R. 63589.
        Notice of President of the United States, dated Nov. 12, 1997,
      62 F.R. 60993.
        Notice of President of the United States, dated Nov. 12, 1996,
      61 F.R. 58309.
        Notice of President of the United States, dated Nov. 8, 1995,
      60 F.R. 57137.
      Ex. Ord. No. 13382, June 28, 2005, 70 F.R. 38567.
     COUNTRIES AND PERSONS THREATENING UNITED STATES EXPORT REGULATION
         UPON EXPIRATION OF THE EXPORT ADMINISTRATION ACT OF 1979
      Ex. Ord. No. 12444, Oct. 14, 1983, 48 F.R. 48215, revoked by Ex.
    Ord. No. 12451, Dec. 20, 1983, 48 F.R. 56563.
      Ex. Ord. No. 12451, Dec. 20, 1983, 48 F.R. 56563.
      Ex. Ord. No. 12470, Mar. 30, 1984, 49 F.R. 13099, revoked by Ex.
    Ord. No. 12525, July 12, 1985, 50 F.R. 28757.
        Continuation of emergency declared by Ex. Ord. No. 12470 was
      contained in the following:
        Notice of President of the United States, dated Mar. 28, 1985,
      50 F.R. 12513.
      Ex. Ord. No. 12525, July 12, 1985, 50 F.R. 28757.
      Ex. Ord. No. 12730, Sept. 30, 1990, 55 F.R. 40373, revoked by Ex.
    Ord. No. 12867, Sec. 1, Sept. 30, 1993, 58 F.R. 51747.
        Continuations of national emergency declared by Ex. Ord. No.
      12730 were contained in the following:
        Notice of President of the United States, dated Sept. 25, 1992,
      57 F.R. 44649.
        Notice of President of the United States, dated Sept. 26, 1991,
      56 F.R. 49385.
      Ex. Ord. No. 12867, Sept. 30, 1993, 58 F.R. 51747.
      Ex. Ord. No. 12923, June 30, 1994, 59 F.R. 34551, revoked by Ex.
    Ord. No. 12924, Sec. 4, Aug. 19, 1994, 59 F.R. 43438.
      Ex. Ord. No. 12924, Aug. 19, 1994, 59 F.R. 43437, revoked by Ex.
    Ord. No. 13206, Sec. 1, Apr. 4, 2001, 66 F.R. 18397.
        Continuations of national emergency declared by Ex. Ord. No.
      12924 were contained in the following:
        Notice of President of the United States, dated Aug. 3, 2000,
      65 F.R. 48347.
        Notice of President of the United States, dated Aug. 10, 1999,
      64 F.R. 44101.
        Notice of President of the United States, dated Aug. 13, 1998,
      63 F.R. 44121.
        Notice of President of the United States, dated Aug. 13, 1997,
      62 F.R. 43629.
        Notice of President of the United States, dated Aug. 14, 1996,
      61 F.R. 42527.
        Notice of President of the United States, dated Aug. 15, 1995,
      60 F.R. 42767.
      Ex. Ord. No. 13206, Apr. 4, 2001, 66 F.R. 18397.
      Ex. Ord. No. 13222, Aug. 17, 2001, 66 F.R. 44025.
        Continuations of national emergency declared by Ex. Ord. No.
      13222 were contained in the following:
        Notice of President of the United States, dated Aug. 15, 2007,
      72 F.R. 46137.
        Notice of President of the United States, dated Aug. 3, 2006,
      71 F.R. 44551.
        Notice of President of the United States, dated Aug. 2, 2005,
      70 F.R. 45273.
        Notice of President of the United States, dated Aug. 6, 2004,
      69 F.R. 48763.
        Notice of President of the United States, dated Aug. 7, 2003,
      68 F.R. 47833.
        Notice of President of the United States, dated Aug. 14, 2002,
      67 F.R. 53721.
                     DEMOCRATIC REPUBLIC OF THE CONGO
      Ex. Ord. No. 13413, Oct. 27, 2006, 71 F.R. 64105.
        Continuation of national emergency declared by Ex. Ord. No.
      13413 was contained in the following:
        Notice of President of the United States, dated Oct. 24, 2007,
      72 F.R. 61045.
                                   HAITI
      Ex. Ord. No. 12775, Oct. 4, 1991, 56 F.R. 50641, revoked by Ex.
    Ord. No. 12932, Oct. 14, 1994, 59 F.R. 52403.
        Continuations of national emergency declared by Ex. Ord. No.
      12775 were contained in the following:
        Notice of President of the United States, dated Sept. 30, 1994,
      59 F.R. 50479.
        Notice of President of the United States, dated Sept. 30, 1993,
      58 F.R. 51563.
        Notice of President of the United States, dated Sept. 30, 1992,
      57 F.R. 45557.
      Ex. Ord. No. 12779, Oct. 28, 1991, 56 F.R. 55975, revoked by Ex.
    Ord. No. 12932, Oct. 14, 1994, 59 F.R. 52403.
      Ex. Ord. No. 12853, June 30, 1993, 58 F.R. 35843, revoked by Ex.
    Ord. No. 12932, Oct. 14, 1994, 59 F.R. 52403.
      Ex. Ord. No. 12872, Oct. 18, 1993, 58 F.R. 54029, revoked by Ex.
    Ord. No. 12932, Oct. 14, 1994, 59 F.R. 52403.
      Ex. Ord. No. 12914, May 7, 1994, 59 F.R. 24339, revoked by Ex.
    Ord. No. 12932, Oct. 14, 1994, 59 F.R. 52403.
      Ex. Ord. No. 12917, May 21, 1994, 59 F.R. 26925, revoked by Ex.
    Ord. No. 12932, Oct. 14, 1994, 59 F.R. 52403.
      Ex. Ord. No. 12920, June 10, 1994, 59 F.R. 30501, revoked by Ex.
    Ord. No. 12932, Oct. 14, 1994, 59 F.R. 52403.
      Ex. Ord. No. 12922, June 21, 1994, 59 F.R. 32645, revoked by Ex.
    Ord. No. 12932, Oct. 14, 1994, 59 F.R. 52403.
      Ex. Ord. No. 12932, Oct. 14, 1994, 59 F.R. 52403.
                                   IRAN
      Ex. Ord. No. 12170, Nov. 14, 1979, 44 F.R. 65729.
        Continuations of national emergency declared by Ex. Ord. No.
      12170 were contained in the following:
        Notice of President of the United States, dated Nov. 8, 2007,
      72 F.R. 63965.
        Notice of President of the United States, dated Nov. 9, 2006,
      71 F.R. 66227.
        Notice of President of the United States, dated Nov. 9, 2005,
      70 F.R. 69039.
        Notice of President of the United States, dated Nov. 9, 2004,
      69 F.R. 65513.
        Notice of President of the United States, dated Nov. 12, 2003,
      68 F.R. 64489.
        Notice of President of the United States, dated Nov. 12, 2002,
      67 F.R. 68929.
        Notice of President of the United States, dated Nov. 9, 2001,
      66 F.R. 56966.
        Notice of President of the United States, dated Nov. 9, 2000,
      65 F.R. 68061.
        Notice of President of the United States, dated Nov. 5, 1999,
      64 F.R. 61471.
        Notice of President of the United States, dated Nov. 9, 1998,
      63 F.R. 63125.
        Notice of President of the United States, dated Sept. 30, 1997,
      62 F.R. 51591.
        Notice of President of the United States, dated Oct. 29, 1996,
      61 F.R. 56107.
        Notice of President of the United States, dated Oct. 31, 1995,
      60 F.R. 55651.
        Notice of President of the United States, dated Oct. 31, 1994,
      59 F.R. 54785.
        Notice of President of the United States, dated Nov. 1, 1993,
      58 F.R. 58639.
        Notice of President of the United States, dated Oct. 25, 1992,
      57 F.R. 48719.
        Notice of President of the United States, dated Nov. 12, 1991,
      56 F.R. 57791.
        Notice of President of the United States, dated Nov. 9, 1990,
      55 F.R. 47453.
        Notice of President of the United States, dated Oct. 30, 1989,
      54 F.R. 46043.
        Notice of President of the United States, dated Nov. 8, 1988,
      53 F.R. 45750.
        Notice of President of the United States, dated Nov. 10, 1987,
      52 F.R. 43549.
        Notice of President of the United States, dated Nov. 10, 1986,
      51 F.R. 41067.
        Notice of President of the United States, dated Nov. 1, 1985,
      50 F.R. 45901.
        Notice of President of the United States, dated Nov. 7, 1984,
      49 F.R. 44741.
        Notice of President of the United States, dated Nov. 8, 1982,
      47 F.R. 50841.
      Ex. Ord. No. 12205, Apr. 7, 1980, 45 F.R. 24099, as amended by
    Ex. Ord. No. 12211, Apr. 17, 1980, 45 F.R. 26685, of which
    provisions related to prohibitions contained therein were revoked
    by Ex. Ord. No. 12282, Jan. 19, 1981, 46 F.R. 7925.
      Ex. Ord. No. 12211, Apr. 17, 1980, 45 F.R. 26685, of which
    provisions related to prohibitions contained therein were revoked
    by Ex. Ord. No. 12282, Jan. 19, 1981, 46 F.R. 7925.
      Ex. Ord. No. 12276, Jan. 19, 1981, 46 F.R. 7913.
      Ex. Ord. No. 12277, Jan. 19, 1981, 46 F.R. 7915.
      Ex. Ord. No. 12278, Jan. 19, 1981, 46 F.R. 7917.
      Ex. Ord. No. 12279, Jan. 19, 1981, 46 F.R. 7919.
      Ex. Ord. No. 12280, Jan. 19, 1981, 46 F.R. 7921.
      Ex. Ord. No. 12281, Jan. 19, 1981, 46 F.R. 7923.
      Ex. Ord. No. 12282, Jan. 19, 1981, 46 F.R. 7925.
      Ex. Ord. No. 12283, Jan. 19, 1981, 46 F.R. 7927.
      Ex. Ord. No. 12284, Jan. 19, 1981, 46 F.R. 7929.
      Ex. Ord. No. 12285, Jan. 19, 1981, 46 F.R. 7931, as amended by
    Ex. Ord. No. 12307, June 4, 1981, 46 F.R. 30483; Ex. Ord. No.
    12317, Aug. 14, 1981, 46 F.R. 42241, revoked by Ex. Ord. No. 12379,
    Sec. 21, Aug. 17, 1982, 47 F.R. 36100, set out as a note under
    section 14 of the Federal Advisory Committee Act in the Appendix to
    Title 5, Government Organization and Employees.
      Ex. Ord. No. 12294, Feb. 24, 1981, 46 F.R. 14111.
      Ex. Ord. No. 12613, Oct. 29, 1987, 52 F.R. 41940, revoked by Ex.
    Ord. No. 13059, Sec. 7, Aug. 19, 1997, 62 F.R. 44533.
      Ex. Ord. No. 12957, Mar. 15, 1995, 60 F.R. 14615, sections 1 and
    2 of which were revoked by Ex. Ord. No. 12959, Sec. 5, May 6, 1995,
    60 F.R. 24758, to the extent inconsistent with Ex. Ord. No. 12959.
        Continuations of national emergency declared by Ex. Ord. No.
      12957 were contained in the following:
        Notice of President of the United States, dated Mar. 8, 2007,
      72 F.R. 10883.
        Notice of President of the United States, dated Mar. 13, 2006,
      71 F.R. 13241.
        Notice of President of the United States, dated Mar. 10, 2005,
      70 F.R. 12581.
        Notice of President of the United States, dated Mar. 10, 2004,
      69 F.R. 12051.
        Notice of President of the United States, dated Mar. 12, 2003,
      68 F.R. 12563.
        Notice of President of the United States, dated Mar. 13, 2002,
      67 F.R. 11553.
        Notice of President of the United States, dated Mar. 13, 2001,
      66 F.R. 15013.
        Notice of President of the United States, dated Mar. 13, 2000,
      65 F.R. 13863.
        Notice of President of the United States, dated Mar. 10, 1999,
      64 F.R. 12239.
        Notice of President of the United States, dated Mar. 4, 1998,
      63 F.R. 11099.
        Notice of President of the United States, dated Mar. 5, 1997,
      62 F.R. 10409.
        Notice of President of the United States, dated Mar. 8, 1996,
      61 F.R. 9897.
      Ex. Ord. No. 12959, May 6, 1995, 60 F.R. 24757, as amended by Ex.
    Ord. No. 13059, Sec. 7, Aug. 19, 1997, 62 F.R. 44533.
      Ex. Ord. No. 13059, Aug. 19, 1997, 62 F.R. 44531.
                                   IRAQ
      Ex. Ord. No. 12722, Aug. 2, 1990, 55 F.R. 31803, revoked by Ex.
    Ord. No. 12724, Sec. 6, Aug. 9, 1990, 55 F.R. 33090, to the extent
    inconsistent with Ex. Ord. No. 12724, and by Ex. Ord. No. 13350,
    July 29, 2004, 69 F.R. 46055.
        Continuations of national emergency declared by Ex. Ord. No.
      12722 were contained in the following:
        Notice of President of the United States, dated July 31, 2003,
      68 F.R. 45739.
        Notice of President of the United States, dated July 30, 2002,
      67 F.R. 50341.
        Notice of President of the United States, dated July 31, 2001,
      66 F.R. 40105.
        Notice of President of the United States, dated July 28, 2000,
      65 F.R. 47241.
        Notice of President of the United States, dated July 20, 1999,
      64 F.R. 39897.
        Notice of President of the United States, dated July 28, 1998,
      63 F.R. 41175.
        Notice of President of the United States, dated July 31, 1997,
      62 F.R. 41803.
        Notice of President of the United States, dated July 22, 1996,
      61 F.R. 38561.
        Notice of President of the United States, dated July 28, 1995,
      60 F.R. 39099.
        Notice of President of the United States, dated July 19, 1994,
      59 F.R. 37151.
        Notice of President of the United States, dated July 20, 1993,
      58 F.R. 39111.
        Notice of President of the United States, dated July 21, 1992,
      57 F.R. 32875.
        Notice of President of the United States, dated July 26, 1991,
      56 F.R. 35995.
      Ex. Ord. No. 12724, Aug. 9, 1990, 55 F.R. 33089, revoked by Ex.
    Ord. No. 13350, July 29, 2004, 69 F.R. 46055.
      Ex. Ord. No. 12817, Oct. 21, 1992, 57 F.R. 48433, revoked by Ex.
    Ord. No. 13350, July 29, 2004, 69 F.R. 46055.
      Ex. Ord. No. 13303, May 22, 2003, 68 F.R. 31931, as amended by
    Ex. Ord. No. 13364, Sec. 1, Nov. 29, 2004, 69 F.R. 70177.
        Continuations of national emergency declared by Ex. Ord. No.
      13303 were contained in the following:
        Notice of President of the United States, dated May 18, 2007,
      72 F.R. 28581.
        Notice of President of the United States, dated May 18, 2006,
      71 F.R. 29237.
        Notice of President of the United States, dated May 19, 2005,
      70 F.R. 29435.
        Notice of President of the United States, dated May 20, 2004,
      69 F.R. 29409.
      Ex. Ord. No. 13315, Aug. 28, 2003, 68 F.R. 52315, as amended by
    Ex. Ord. No. 13350, July 29, 2004, 69 F.R. 46055.
      Ex. Ord. No. 13350, July 29, 2004, 69 F.R. 46055.
      Ex. Ord. No. 13364, Nov. 29, 2004, 69 F.R. 70177.
      Ex. Ord. No. 13438, July 17, 2007, 72 F.R. 39719.
                                  KUWAIT
      Ex. Ord. No. 12723, Aug. 2, 1990, 55 F.R. 31805, revoked by Ex.
    Ord. No. 12771, July 25, 1991, 56 F.R. 35993.
      Ex. Ord. No. 12725, Aug. 9, 1990, 55 F.R. 33091, revoked by Ex.
    Ord. No. 12771, July 25, 1991, 56 F.R. 35993.
      Ex. Ord. No. 12771, July 25, 1991, 56 F.R. 35993.
                                  LEBANON
      Ex. Ord. No. 13441, Aug. 1, 2007, 72 F.R. 43499.
                                  LIBERIA
      Ex. Ord. No. 13213, May 22, 2001, 66 F.R. 28829, as amended by
    Ex. Ord. No. 13312, Sec. 3(d), July 29, 2003, 68 F.R. 45152,
    revoked by Ex. Ord. No. 13324, Jan. 15, 2004, 69 F.R. 2823.
      Ex. Ord. No. 13324, Jan. 15, 2004, 69 F.R. 2823.
      Ex. Ord. No. 13348, July 22, 2004, 69 F.R. 44885.
        Continuations of national emergency declared by Ex. Ord. No.
      13348 were contained in the following:
        Notice of President of the United States, dated July 19, 2007,
      72 F.R. 40059.
        Notice of President of the United States, dated July 18, 2006,
      71 F.R. 41093.
        Notice of President of the United States, dated July 19, 2005,
      70 F.R. 41935.
                                   LIBYA
      Ex. Ord. No. 12543, Jan. 7, 1986, 51 F.R. 875, revoked by Ex.
    Ord. No. 13357, Sept. 20, 2004, 69 F.R. 56665.
        Continuations of national emergency declared by Ex. Ord. No.
      12543 were contained in the following:
        Notice of President of the United States, dated Jan. 5, 2004,
      69 F.R. 847.
        Notice of President of the United States, dated Jan. 2, 2003,
      68 F.R. 661.
        Notice of President of the United States, dated Jan. 3, 2002,
      67 F.R. 637.
        Notice of President of the United States, dated Jan. 4, 2001,
      66 F.R. 1251.
        Notice of President of the United States, dated Dec. 29, 1999,
      65 F.R. 1999.
        Notice of President of the United States, dated Dec. 30, 1998,
      64 F.R. 383.
        Notice of President of the United States, dated Jan. 2, 1998,
      63 F.R. 653.
        Notice of President of the United States, dated Jan. 2, 1997,
      62 F.R. 587.
        Notice of President of the United States, dated Jan. 3, 1996,
      61 F.R. 383.
        Notice of President of the United States, dated Dec. 22, 1994,
      59 F.R. 67119.
        Notice of President of the United States, dated Dec. 2, 1993,
      58 F.R. 64361.
        Notice of President of the United States, dated Dec. 14, 1992,
      57 F.R. 59895.
        Notice of President of the United States, dated Dec. 26, 1991,
      56 F.R. 67465.
        Notice of President of the United States, dated Jan. 2, 1991,
      56 F.R. 477.
        Notice of President of the United States, dated Jan. 4, 1990,
      55 F.R. 589.
        Notice of President of the United States, dated Dec. 28, 1988,
      53 F.R. 52971.
        Notice of President of the United States, dated Dec. 15, 1987,
      52 F.R. 47891.
        Notice of President of the United States, dated Dec. 23, 1986,
      51 F.R. 46849.
      Ex. Ord. No. 12544, Jan. 8, 1986, 51 F.R. 1235, revoked by Ex.
    Ord. No. 13357, Sept. 20, 2004, 69 F.R. 56665.
      Ex. Ord. No. 12801, Apr. 15, 1992, 57 F.R. 14319, revoked by Ex.
    Ord. No. 13357, Sept. 20, 2004, 69 F.R. 56665.
      Ex. Ord. No. 13357, Sept. 20, 2004, 69 F.R. 56665.
                                 NICARAGUA
      Ex. Ord. No. 12513, May 1, 1985, 50 F.R. 18629, revoked by Ex.
    Ord. No. 12707, Mar. 13, 1990, 55 F.R. 9707.
        Continuations of national emergency declared by Ex. Ord. No.
      12513 were contained in the following:
        Notice of President of the United States, dated Apr. 21, 1989,
      54 F.R. 17701.
        Notice of President of the United States, dated Apr. 25, 1988,
      53 F.R. 15011.
        Notice of President of the United States, dated Apr. 21, 1987,
      52 F.R. 13425.
        Notice of President of the United States, dated Apr. 22, 1986,
      51 F.R. 15461.
      Ex. Ord. No. 12707, Mar. 13, 1990, 55 F.R. 9707.
                                  PANAMA
      Ex. Ord. No. 12635, Apr. 8, 1988, 53 F.R. 12134, revoked by Ex.
    Ord. No. 12710, Apr. 5, 1990, 55 F.R. 13099.
        Continuation of national emergency declared by Ex. Ord. No.
      12635 was contained in the following:
        Notice of President of the United States, dated Apr. 6, 1989,
      54 F.R. 14197.
      Ex. Ord. No. 12710, Apr. 5, 1990, 55 F.R. 13099.
                                  RUSSIA
      Ex. Ord. No. 13159, June 21, 2000, 65 F.R. 39279.
        Continuations of national emergency declared by Ex. Ord. No.
      13159 were contained in the following:
        Notice of President of the United States, dated June 19, 2007,
      72 F.R. 34159.
        Notice of President of the United States, dated June 19, 2006,
      71 F.R. 35489.
        Notice of President of the United States, dated June 17, 2005,
      70 F.R. 35507.
        Notice of President of the United States, dated June 16, 2004,
      69 F.R. 34047.
        Notice of President of the United States, dated June 10, 2003,
      68 F.R. 35149.
        Notice of President of the United States, dated June 18, 2002,
      67 F.R. 42181.
        Notice of President of the United States, dated June 11, 2001,
      66 F.R. 32207.
                               SIERRA LEONE
      Ex. Ord. No. 13194, Jan. 18, 2001, 66 F.R. 7389, as amended by
    Ex. Ord. No. 13312, Sec. 3(a)-(c), July 29, 2003, 68 F.R. 45152,
    revoked by Ex. Ord. No. 13324, Jan. 15, 2004, 69 F.R. 2823.
        Continuations of national emergency declared by Ex. Ord. No.
      13194 were contained in the following:
        Notice of President of the United States, dated Jan. 16, 2003,
      68 F.R. 2677.
        Notice of President of the United States, dated Jan. 15, 2002,
      67 F.R. 2547.
      Ex. Ord. No. 13213, May 22, 2001, 66 F.R. 28829, as amended by
    Ex. Ord. No. 13312, Sec. 3(d), July 29, 2003, 68 F.R. 45152,
    revoked by Ex. Ord. No. 13324, Jan. 15, 2004, 69 F.R. 2823.
      Ex. Ord. No. 13324, Jan. 15, 2004, 69 F.R. 2823.
                               SOUTH AFRICA
      Ex. Ord. No. 12532, Sept. 9, 1985, 50 F.R. 36861, revoked by Ex.
    Ord. No. 12769, Sec. 4, July 10, 1991, 56 F.R. 31855.
        Continuation of national emergency declared by Ex. Ord. No.
      12532 was contained in the following:
        Notice of President of the United States, dated Sept. 4, 1986,
      51 F.R. 31925.
      Ex. Ord. No. 12535, Oct. 1, 1985, 50 F.R. 40325, revoked by Ex.
    Ord. No. 12769, Sec. 4, July 10, 1991, 56 F.R. 31855.
                                   SUDAN
      Ex. Ord. No. 13067, Nov. 3, 1997, 62 F.R. 59989.
        Continuations of national emergency declared by Ex. Ord. No.
      13067 were contained in the following:
        Notice of President of the United States, dated Nov. 1, 2007,
      72 F.R. 62407.
        Notice of President of the United States, dated Nov. 1, 2006,
      71 F.R. 64629.
        Notice of President of the United States, dated Nov. 1, 2005,
      70 F.R. 66745.
        Notice of President of the United States, dated Nov. 1, 2004,
      69 F.R. 63915.
        Notice of President of the United States, dated Oct. 29, 2003,
      68 F.R. 62211.
        Notice of President of the United States, dated Oct. 29, 2002,
      67 F.R. 66525.
        Notice of President of the United States, dated Oct. 31, 2001,
      66 F.R. 55869.
        Notice of President of the United States, dated Oct. 31, 2000,
      65 F.R. 66163.
        Notice of President of the United States, dated Oct. 29, 1999,
      64 F.R. 59105.
        Notice of President of the United States, dated Oct. 27, 1998,
      63 F.R. 58617.
      Ex. Ord. No. 13400, Apr. 26, 2006, 71 F.R. 25483.
      Ex. Ord. No. 13412, Oct. 13, 2006, 71 F.R. 61369.
                                   SYRIA
      Ex. Ord. No. 13338, May 11, 2004, 69 F.R. 26751.
        Continuations of national emergency declared by Ex. Ord. No.
      13338 were contained in the following:
        Notice of President of the United States, dated May 8, 2007, 72
      F.R. 26707.
        Notice of President of the United States, dated May 8, 2006, 71
      F.R. 27381.
        Notice of President of the United States, dated May 5, 2005, 70
      F.R. 24697.
      Ex. Ord. No. 13399, Apr. 25, 2006, 71 F.R. 25059.
                              WESTERN BALKANS
      Ex. Ord. No. 12808, May 30, 1992, 57 F.R. 23299, revoked by Ex.
    Ord. No. 13304, May 28, 2003, 68 F.R. 32315.
        Continuations of national emergency declared by Ex. Ord. No.
      12808 were contained in the following:
        Notice of President of the United States, dated May 27, 2002,
      67 F.R. 37661.
        Notice of President of the United States, dated May 24, 2001,
      66 F.R. 29007.
        Notice of President of the United States, dated May 25, 2000,
      65 F.R. 34379.
        Notice of President of the United States, dated May 27, 1999,
      64 F.R. 29205.
        Notice of President of the United States, dated May 28, 1998,
      63 F.R. 29527.
        Notice of President of the United States, dated May 28, 1997,
      62 F.R. 29283.
        Notice of President of the United States, dated May 24, 1996,
      61 F.R. 26773.
        Determination of President, No. 96-7, Dec. 27, 1995, 61 F.R.
      2887.
        Notice of President of the United States, dated May 10, 1995,
      60 F.R. 25599.
        Notice of President of the United States, dated May 25, 1994,
      59 F.R. 27429.
        Notice of President of the United States, dated May 25, 1993,
      58 F.R. 30693.
      Ex. Ord. No. 12810, June 5, 1992, 57 F.R. 24347, as amended by
    Ex. Ord. No. 12831, Sec. 4, Jan. 15, 1993, 58 F.R. 5253, revoked by
    Ex. Ord. No. 13304, May 28, 2003, 68 F.R. 32315.
      Ex. Ord. No. 12831, Jan. 15, 1993, 58 F.R. 5253, revoked by Ex.
    Ord. No. 13304, May 28, 2003, 68 F.R. 32315.
      Ex. Ord. No. 12846, Apr. 25, 1993, 58 F.R. 25771, revoked by Ex.
    Ord. No. 13304, May 28, 2003, 68 F.R. 32315.
      Ex. Ord. No. 12934, Oct. 25, 1994, 59 F.R. 54117, revoked by Ex.
    Ord. No. 13304, May 28, 2003, 68 F.R. 32315.
      Ex. Ord. No. 13088, June 9, 1998, 63 F.R. 32109, as amended by
    Ex. Ord. No. 13121, Apr. 30, 1999, 64 F.R. 24021, eff. May 1, 1999;
    Ex. Ord. No. 13192, Jan. 17, 2001, 66 F.R. 7379, eff. Jan. 19,
    2001, revoked by Ex. Ord. No. 13304, May 28, 2003, 68 F.R. 32315.
        Continuations of national emergency declared by Ex. Ord. No.
      13088 were contained in the following:
        Notice of President of the United States, dated May 27, 2002,
      67 F.R. 37661.
        Notice of President of the United States, dated May 24, 2001,
      66 F.R. 29007.
        Notice of President of the United States, dated May 25, 2000,
      65 F.R. 34379.
        Notice of President of the United States, dated May 27, 1999,
      64 F.R. 29205.
      Ex. Ord. No. 13219, June 26, 2001, 66 F.R. 34777, as amended by
    Ex. Ord. No. 13304, May 28, 2003, 68 F.R. 32315.
        Continuations of national emergency declared by Ex. Ord. No.
      13219 were contained in the following:
        Notice of President of the United States, dated June 22, 2007,
      72 F.R. 34981.
        Notice of President of the United States, dated June 22, 2006,
      71 F.R. 36183.
        Notice of President of the United States, dated June 23, 2005,
      70 F.R. 36803.
        Notice of President of the United States, dated June 24, 2004,
      69 F.R. 36005.
        Notice of President of the United States, dated June 20, 2003,
      68 F.R. 37389.
        Notice of President of the United States, dated June 21, 2002,
      67 F.R. 42703.
      Ex. Ord. No. 13304, May 28, 2003, 68 F.R. 32315.
                                 ZIMBABWE
      Ex. Ord. No. 13288, Mar. 6, 2003, 68 F.R. 11457, as amended by
    Ex. Ord. No. 13391, Nov. 22, 2005, 70 F.R. 71201.
        Continuations of national emergency declared by Ex. Ord. No.
      13288 were contained in the following:
        Notice of President of the United States, dated Feb. 28, 2007,
      72 F.R. 9645.
        Notice of President of the United States, dated Feb. 27, 2006,
      71 F.R. 10603.
        Notice of President of the United States, dated Mar. 2, 2005,
      70 F.R. 10859.
        Notice of President of the United States, dated Mar. 2, 2004,
      69 F.R. 10313.
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