<DOC>
[106 House Committee Prints]
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[DOCID: f:62838.wais]



106th Congress 2d Session   COMMITTEE PRINT                 

_______________________________________________________________________


 
                        INTERNATIONAL TERRORISM:
                      A COMPILATION OF MAJOR LAWS,
                       TREATIES, AGREEMENTS, AND
                          EXECUTIVE DOCUMENTS

                               ----------                              

                              R E P O R T

                            prepared for the

                  COMMITTEE ON INTERNATIONAL RELATIONS
                     U.S. HOUSE OF REPRESENTATIVES

                                 by the

                     CONGRESSIONAL RESEARCH SERVICE
                          LIBRARY OF CONGRESS

                                     
[GRAPHIC] [TIFF OMITTED] TONGRESS.#13

                                     

                               JULY 2000


    Printed for the use of the Committee on International Relations

For sale by the Superintendent of Documents, Congressional Sales Office
         U.S. Government Printing Office, Washington, DC 20402





                  COMMITTEE ON INTERNATIONAL RELATIONS

  BENJAMIN A. GILMAN, New York, 
             Chairman
SAM GEJDENSON, Connecticut           WILLIAM F. GOODLING, Pennsylvania
TOM LANTOS, California               JAMES A. LEACH, Iowa
HOWARD L. BERMAN, California         HENRY J. HYDE, Illinois
GARY L. ACKERMAN, New York           DOUG BEREUTER, Nebraska
ENI F.H. FALEOMAVAEGA, American SamoaCHRISTOPHER H. SMITH, New Jersey
MATTHEW G. MARTINEZ, California      DAN BURTON, Indiana
DONALD M. PAYNE, New Jersey          ELTON GALLEGLY, California
ROBERT MENENDEZ, New Jersey          ILEANA ROS-LEHTINEN, Florida
SHERROD BROWN, Ohio                  CASS BALLENGER, North Carolina
CYNTHIA A. McKINNEY, Georgia         DANA ROHRABACHER, California
ALCEE L. HASTINGS, Florida           DONALD A. MANZULLO, Illinois
PAT DANNER, Missouri                 EDWARD R. ROYCE, California
EARL F. HILLIARD, Alabama            PETER T. KING, New York
BRAD SHERMAN, California             STEVEN CHABOT, Ohio
ROBERT WEXLER, Florida               MARSHALL ``MARK'' SANFORD, South 
STEVEN R. ROTHMAN, New Jersey        Carolina
JIM DAVIS, Florida                   MATT SALMON, Arizona
EARL P0MEROY, North Dakota           AMO HOUGHTON, New York
WILLIAM D. DELAHUNT, Massachusetts   TOM CAMPBELL, California
GREGORY W. MEEKS, New York           JOHN M. McHUGH, New York
BARBARA LEE, California              KEVIN BRADY, Texas
JOSEPH CROWLEY, New York             RICHARD BURR, North Carolina
JOSEPH M. HOEFFEL, Pennsylvania      PAUL E. GILLMOR, Ohio
                                     GEORGE RADANOVICH, California
                                     JOHN COOKSEY, Louisiana
                                     THOMAS G. TANCREDO, Colorado
                 Richard J. Garon, Chief of Staff
          Kathleen Bertelsen Moazed, Democratic Chief of Staff






                                FOREWORD

                              ----------                              

                          House of Representatives,
                      Committee on International Relations,
                                     Washington, DC, July 25, 2000.

    This updated compendium prepared by the Congressional 
Research Service, entitled ``International Terrorism: A 
Compilation of Major Laws, Treaties, Agreements, and Executive 
Documents'' was requested by me on behalf of the Committee on 
International Relations. The earlier editions have proven to be 
a very useful source for those responsible for dealing with 
issues of international terrorism.
    In addition to U.S. legislation and executive documents 
related to terrorism, the volume also includes bilateral and 
multilateral treaties and agreements, as well as other 
multilateral documents. I would like to acknowledge the efforts 
of those in the Foreign Affairs, Defense, and Trade Division of 
the Congressional Research Service who worked on the project. 
The principal contributors to this volume were C. Winston 
Woodland who coordinated the assembly of the report, and 
Carolyn Hatcher who prepared major portions. Others who 
provided significant contributions included Terrence Lisbeth, 
Dagnija Sterste-Perkins, Marjorie A. Browne, Ellen Grigorian, 
and Raphael Perl, under the direction of Francis T. Miko. I 
also want to acknowledge the advice and assistance provided by 
Michael Kraft of the Office of Counterterrorism, Department of 
State.

                                        Benjamin A. Gilman,
                                                          Chairman.





                          LETTER OF SUBMITTAL

                              ----------                              

                    Congressional Research Service,
                                   The Library of Congress,
                                     Washington, DC, July 24, 2000.
Hon. Benjamin A. Gilman,
Chairman, Committee on International Relations,
    House of Representatives, Washington, DC.
    Dear Mr. Chairman: In response to the Committee's request, 
I am submitting an updated version of a compendium entitled: 
``International Terrorism: A Compilation of Major Laws, 
Treaties, Agreements, and Executive Documents,'' first issued 
as a committee print in August 1987 and subsequently updated in 
July 1991 and December 1994.
    The compilation includes major statutes of interest to the 
committee along with related Executive orders, documents, and 
reports. It also includes international treaties and 
agreements, as well as relevant documents of international 
organizations. The principal contributors to this volume were 
C. Winston Woodland who coordinated the assembly of the volume 
and Carolyn Hatcher who prepared major portions. Others who 
provided significant contributions included Terrence Lisbeth, 
Dagnija Sterste-Perkins, Marjorie A. Browne, Ellen Grigorian, 
and Raphael Perl. The volume was prepared under the overall 
direction of Francis T. Miko. Michael Kraft of the office of 
Counterterrorism, Department of State, provided extensive 
advice and support.

            Sincerely,
                                     Daniel P. Mulhollan, Director.




                                ABSTRACT

                              ----------                              

    This compilation comprises major laws, treaties and 
agreements, and executive documents relating to U.S. and 
international efforts to combat terrorism. The legislation is 
subdivided into sections relating to foreign assistance, the 
Department of State, defense legislation, trade and financial 
issues, aviation security, and other issues.
    It also includes a selection of significant executive 
orders, executive department regulations, and other executive 
branch documents and reports. Sections on international 
agreements include bilateral agreements, as well as relevant 
multilateral treaties. Other multilateral documents include 
selected statements from economic summit conferences, United 
Nations Security Council resolutions, and documents of other 
organizations.






                            C O N T E N T S

                              ----------                              
                                                                   Page
Foreword.........................................................   iii

Letter of Submittal..............................................     v

Abstract.........................................................   vii

A. FOREIGN ASSISTANCE AND RELATED LEGISLATION....................     1

 1. The Foreign Assistance Act of 1961, as amended (Public Law 
    87-195) (partial text).......................................     3
 2. Arms Export Control Act, as amended (Public Law 90-629) 
    (partial text)...............................................    11
 3. Iran and Libya Sanctions Act of 1996 (Public Law 104-172)....    19
 4. Iran-Iraq Arms Nonproliferation Act of 1992, as amended 
    (Title XVI of Public Law 102-484)............................    30
 5. International Security and Development Cooperation Act of 
    1985, as amended (Public Law 99-83) (partial text)...........    35
 6. International Security and Development Cooperation Act of 
    1981, as amended (Public Law 97-113) (partial text)..........    40
 7. Iraq Sanctions Act of 1990 (Public Law 101-513) (partial 
    text)........................................................    42
 8. International Narcotics Control Act of 1990 (Public Law 101-
    623) (partial text)..........................................    46
 9. Foreign Operations, Export Financing, and Related Programs 
    Appropriations Act, 1999 (Public Law 105-277) (partial text).    47
10. Department of Justice Appropriations Act, 1999 (Public Law 
    105-277) (partial text)......................................    58
      Title I--Department of Justice.............................    58
11. Emergency Supplemental Appropriations Act for Fiscal year 
    1999 (Public Law 105-277) (partial text).....................    61
      Title II--Antiterrorism....................................    61
12. Foreign Operations, Export Financing, and Related Programs 
    Appropriations Act, 1997 (Public Law 104-208) (partial text).    68

B. DEPARTMENT OF STATE LEGISLATION...............................    69

 1. State Department Basic Authorities Act of 1956, as amended 
    (Public Law 84-885) (partial text)...........................    71
 2. Intelligence Authorization Act for Fiscal Year 1996 (Public 
    Law 104-93) (partial text)...................................    78
 3. Foreign Relations Authorization Act, Fiscal Years 1998 and 
    1999 (Public Law 105-277) (partial text).....................    80
 4. Foreign Relations Authorization Act, Fiscal Years 1994 and 
    1995, as amended (Public Law 103-236) (partial text).........    82
 5. Foreign Relations Authorization Act, Fiscal Years 1992 and 
    1993, as amended (Public Law 102-138) (partial text).........    86
 6. Foreign Relations Authorization Act, Fiscal Years 1988 and 
    1989, as amended (Public Law 100-204) (partial text).........    87
 7. Department of State and Related Agencies Appropriations Act, 
    1999 (Public Law 105-277) (partial text).....................    90
 8. Emergency Supplemental Appropriations for Fiscal Year 1999 
    (Public Law 105-277) (partial text)..........................    91
 9. Hostage Relief Act of 1980 (Public Law 96-449)...............    93

C. TRADE AND FINANCIAL LEGISLATION...............................   101

 1. Antiterrorism and Effective Death Penalty Act of 1996 (Public 
    Law 104-132) (partial text)..................................   105
 2. Omnibus Diplomatic Security and Antiterrorism Act of 1986, as 
    amended (Public Law 99-399) (partial text)...................   121
 3. Crimes and Criminal Procedure (Title 18, United States Code) 
    (partial text)...............................................   160
 4. Violent Crime Control and Law Enforcement Act of 1994 (Public 
    Law 103-322) (partial text)..................................   209
 5. Act for the Protection of Foreign Officials and Official 
    Guests of the United States (Public Law 92-539) (partial 
    text)........................................................   210
 6. Anti-Terrorism and Arms Export Amendments Act of 1989 (Public 
    Law 101-222) (partial text)..................................   211
 7. Biological Weapons Anti-Terrorism Act of 1989 (Public Law 
    101-298) (partial text)......................................   212
 8. 1984 Act To Combat International Terrorism, as amended 
    (Public Law 98-533) (partial text)...........................   213
 9. Foreign Sovereign Immunities (Title 28, United States Code) 
    (partial text)...............................................   215

D. DEFENSE LEGISLATION...........................................   227

 1. Armed Forces Legislation (Title 10, United State Code) 
    (partial text)...............................................   229
 2. Strom Thurmond National Defense Authorization Act for Fiscal 
    Year 1999 (Public Law 105-261) (partial text)................   237
 3. Department of Defense Appropriations Act, 1999 (Public Law 
    105-262) (partial text)......................................   243
 4. National Defense Authorization Act for Fiscal Year 1998 
    (Public Law 105-85) (partial text)...........................   244
 5. National Defense Authorization Act for Fiscal Year 1997 
    (Public Law 104-201) (partial text)..........................   248
 6. National Defense Authorization Act for Fiscal Year 1995 
    (Public Law 103-337) (partial text)..........................   249
 7. National Defense Authorization Act for Fiscal Year 1994 
    (Public Law 103-160) (partial text)..........................   252
 8. National Defense Authorization Act for Fiscal Year 1993 
    (Public Law 102-484) (partial text)..........................   254
 9. National Defense Authorization Act for Fiscal Year 1987 
    (Public Law 99-661) (partial text)...........................   260
10. Department of Defense Authorization Act, 1986 (Public Law 99-
    145) (partial text)..........................................   261
11. Foreign Intelligence Surveillance (Title 50, United States 
    Code) (partial text).........................................   263
12. Intelligence Authorization Act for Fiscal Year 1996 (Public 
    Law 104-93) (partial text)...................................   274

E. TRADE AND FINANCIAL LEGISLATION...............................   275

 1. Trade Act of 1974, as amended (Public Law 93-618) (partial 
    text)........................................................   277
 2. Export Administration Act of 1979, as amended (Public Law 96-
    72) (partial text)...........................................   282
 3. Trade Expansion Act of 1969, as amended (Public Law 87-794) 
    (partial text)...............................................   291
 4. Trading With The Enemy Act, as amended (Public Law 65-91) 
    (partial text)...............................................   295
 5. International Emergency Economic Powers Act, as amended 
    (Public Law 95-223) (partial text)...........................   298
 6. Export-Import Bank Act of 1945, as amended (Public Law 79-
    173) (partial text)..........................................   303
 7. Internal Revenue Code........................................   308
 8. Bretton Woods Agreements Act Amendments, 1978, as amended 
    (Public Law 95-435) (partial text)...........................   312
 9. International Financial Institutions Act, as amended (Public 
    Law 95-118) (partial text)...................................   313
10. Inter-American Development Bank Act, as amended (Public Law 
    86-147) (partial text).......................................   315

F. AVIATION SECURITY.............................................   317

 1. Aviation Programs (Title 49, United State Code) (partial 
    text)........................................................   319
 2. Federal Aviation Reauthorization Act of 1996 (Public Law 104-
    264) (partial text)..........................................   343
 3. Crimes and Criminal Procedures (Title 18, United States Code)   348
 4. Aviation Security Improvement Act of 1990, as amended (Public 
    Law 101-604) (partial text)..................................   351
 5. International Security and Development Cooperation Act of 
    1985 (Public Law 99-83) (partial text).......................   358

G. OTHER LEGISLATION.............................................   361

 1. The Immigration and Nationality Act, as amended (Public Law 
    82-414)......................................................   363
 2. Middle East Activities.......................................   374
 3. National Emergencies Act, as amended (Public Law 94-412).....   393
 4. Chemical Weapons Convention Implementation Act of 1998 
    (Public Law 105-277) (partial text)..........................   398

H. EXECUTIVE ORDERS..............................................   399

 1. Blocking Property and Prohibiting Transactions with the 
    Taliban (Executive Order 13129, July 4, 1999)................   401
 2. Blocking Sudanese Government Property and Prohibiting 
    Transactions with Sudan (Executive Order 13067, November 3, 
    1997)........................................................   404
 3. Prohibiting Certain Transactions With Respect to Iran 
    (Executive Order 13059, August 19, 1997).....................   406
 4. Prohibiting Certain Transactions With Respect to Iran 
    (Executive Order 12959, May 6, 1995).........................   410
 5. Prohibiting Certain Transactions With Respect to the 
    Development of Iranian Petroleum Resources (Executive Order 
    12957, March 15, 1995).......................................   412
 6. Prohibiting Transactions with Terrorists Who Threaten to 
    Disrupt the Middle East Peace Process (Executive Order 12947, 
    January 24, 1995)............................................   413
 7. Proliferation of Weapons of Mass Destruction (Executive Order 
    12938, November 14, 1994)....................................   416
 8. Continuation of Export Control Regulations (Executive Order 
    12924, August 19, 1994)......................................   421
 9. Barring Overflight, Takeoff, and Landing of Aircraft, Flying 
    to or from Libya (Executive Order 12801, April 15, 1992).....   423
10. Victims of Terrorism Compensation (Executive Order 12598, 
    June 17, 1987)...............................................   425
11. Blocking Libyan Government Property in the United States or 
    Held by U.S. Persons (Executive Order 12544, January 8, 1986)   426
12. Prohibiting Trade and Certain Transactions Involving Libya 
    (Executive Order 12543, January 7, 1986).....................   427
13. Imports of Refined Petroleum Products from Libya (Executive 
    Order 12538, November 15, 1985)..............................   429
14. Revocation of Prohibitions Against Transactions Involving 
    Iran (Executive Order 12282, January 19, 1981)...............   430
15. Hostage Relief Act of 1980--Delegation of Authority 
    (Executive Order 12268, January 15, 1981)....................   431
16. Administration of the Export Administration Act of 1969, as 
    amended (Executive Order 12002, July 7, 1977)................   432

I. EXECUTIVE DEPARTMENT REGULATIONS..............................   435

 1. Department of State:.........................................   437
 2. Department of the Treasury...................................   468
 3. Federal Aviation Administration:.............................   489

J. OTHER EXECUTIVE BRANCH DOCUMENTS AND REPORTS..................   537

 1. Office of the President......................................   539
 2. Office of the Vice President.................................   663
 3. Department of State..........................................   755
 4. Department of Defense........................................   886
 5. Department of Commerce, Bureau of Export Administration......   977
 6. Department of Treasury.......................................  1016
 7. Department of Transportation.................................  1094

K. BILATERAL AGREEMENTS..........................................  1235

 1. Counter terrorism............................................  1237
 2. Aviation Security............................................  1242
 3. Extradition..................................................  1289
 4 Mutual Legal Assistance.......................................  1380

L. MULTILATERAL TREATIES.........................................  1423

 1. Treaties in Force to Which the United States is a Party......  1425
 2. Treaties Signed by the United States, But Not Yet in Force...  1512
 3. Treaties to Which the United States is Not a Party...........  1521

M. OTHER MULTILATERAL DOCUMENTS..................................  1535

 1. Economic Summits of the G-7/G-8 and Related Meetings.........  1537
 2. Other Conferences............................................  1565
 3. Hemispheric Documents........................................  1572
 4. International Civil Aviation Organization Documents..........  1593
 5. United Nations Documents.....................................  1627

APPENDIX.........................................................  1701

  Legislative Requirements for Reports to Congress Concerning 
    International Terrorism......................................  1701
=======================================================================




             A. FOREIGN ASSISTANCE AND RELATED LEGISLATION

                                CONTENTS

                                                                   Page

 1. The Foreign Assistance Act of 1961, as amended (Public Law 
    87-195) (partial text).......................................     3
      Part II:...................................................
            Chapter 8--Antiterrorism Assistance..................     3
                Section 571--General Authority...................     3
                Section 572--Purposes............................     3
                Section 573--Limitations.........................     4
                Section 574--Authorizations of Appropriations....     5
      Part III:..................................................     6
                Section 620A--Prohibition on Assistance to 
                  Governments Supporting International Terrorism.     6
                Section 620G--Prohibition on Assistance to 
                  Countries That Aid Terrorist States............     8
                Section 620H--Prohibition on Assistance to 
                  Countries that Provide Military Equipment to 
                  Terrorist States...............................     9
      Part IV--Enterprise for the Americas Initiative............     9
            Section 701--Purpose.................................     9
            Section 703--Eligibilty for Benefits.................    10
 2. Arms Export Control Act, as amended (Public Law 90-629) 
    (partial text)...............................................    11
      Chapter 1--Foreign and National Security Policy Objectives 
          and Restraints.........................................    11
            Section 6--Foreign Intimidation and Harassment of 
                Individuals in the United States.................    11
      Chapter 3--Military Export Controls........................    11
            Section 38--Control of Arms Exports and Imports......    11
            Section 40--Transactions With Countries Supporting 
                Acts of International Terrorism..................    12
            Section 40A--Transactions with Countries not Fully 
                Cooperating with United States Antiterrorism 
                Efforts..........................................    17
      Chapter 7--Control of Missiles and Missile Equipment or 
          Technology.............................................    18
            Section 72--Denial of the Transfer of Missile 
                Equipment or Technology by United States Persons.    18
            Section 73--Transfers of Missile Equipment or 
                Technology by Foreign Persons....................    18
 3. Iran and Libya Sanctions Act of 1996 (Public Law 104-172)....    19
 4. Iran-Iraq Arms Nonproliferation Act of 1992, as amended 
    (Title XVI of Public Law 102-484)............................    30
 5. International Security and Development Cooperation Act of 
    1985, as amended (Public Law 99-83) (partial text)...........    35
      Title V--International Terrorism and Foreign Airport 
          Security...............................................    35
            Part A--International Terrorism Generally............    35
            Part B--Foreign Airport Security.....................    37
      Title XIII--Miscellaneous Provisions.......................    39
            Section 1302--Codification of Policy Prohibiting 
                Negotations with the Palestine Liberation 
                Organization.....................................    39
 6. International Security and Development Cooperation Act of 
    1981, as amended (Public Law 97-113) (partial text)..........    40
      Title VII--Miscellaneous Provisions........................    40
            Section 718--Condemnation of Libya for Its Support of 
                International Terrorist Movements................    40
            Section 719--United States Citizens Acting in the 
                Service of International Terrorism...............    40
 7. Iraq Sanctions Act of 1990 (Public Law 101-513) (partial 
    text)........................................................    42
      Title V--General Provisions................................    42
            Section 586--Short Title.............................    42
            Section 586F--Declarations Regarding Iraq's Long-
                standing Violations of International Law.........    42
            Section 586G--Sanctions Against Iraq.................    44
            Section 586H--Waiver Authority.......................    45
 8. International Narcotics Control Act of 1990 (Public Law 101-
    623) (partial text)..........................................    46
      Section 2(b)(2)--Economic Assistance and Administration of 
          Justice Programs for Andean Countries..................    46
 9. Foreign Operations, Export Financing, and Related Programs 
    Appropriations Act, 1999 (Public Law 105-277) (partial text).    47
      Title II--Bilateral Economic Assistance....................    47
            Department of State--Nonproliferation, Anti-
                Terrorism, Demining and Related Programs.........    47
      Title V--General Provisions................................    48
            Section-528--Prohibition on Bilateral Assistance to 
                Terrorist Countries..............................    48
            Section 540--Special Authorities.....................    49
            Section 543--Eligibility for Assistance..............    49
            Section 551--Prohibition on Assistance to Foreign 
                Countries that Export Lethal Military Equipment..    50
            Section 559--Special Debt Relief for the Poorest.....    51
            Section 586--Sense of Congress Regarding Iran........    52
            Section 591--National Commission on Terrorism........    52
            Section 596--Sense of Congress Regarding the Trial in 
                the Netherlands of the Suspects Indicted in the 
                Bombing of Pan Am Flight 103.....................    55
10. Department of Justice Appropriations Act, 1999 (Public Law 
    105-277) (partial text)......................................    58
      Title I--Department of Justice.............................    58
11. Emergency Supplemental Appropriations Act for Fiscal year 
    1999 (Public Law 105-277) (partial text).....................    61
      Title II--Antiterrorism....................................    61
12. Foreign Operations, Export Financing, and Related Programs 
    Appropriations Act, 1997 (Public Law 104-208) (partial text).    68
      Title V--General Provisions................................    68
            Section 589--Civil Liability for Acts of State 
                Sponsored Terrorism..............................    68

=======================================================================

           1. The Foreign Assistance Act of 1961, as Amended

  Partial text of Public Law 87-195 [S. 1983], 75 Stat. 424, approved 
                     September 4, 1961, as amended

AN ACT To promote the foreign policy, security, and general welfare of 
 the United States by assisting peoples of the world in their efforts 
toward economic development and internal and external security, and for 
                            other purposes.

    Be it enacted by the Senate and House of Representatives of 
the United States of America in Congress assembled, That this 
Act may be cited as ``The Foreign Assistance Act of 1961.''

           *       *       *       *       *       *       *


PART II

           *       *       *       *       *       *       *


                Chapter 8--Antiterrorism Assistance \1\

    Sec. 571.\2\ General Authority.--Notwithstanding any other 
provision of law that restricts assistance to foreign countries 
(other than sections 502B and 620A of this Act), the President 
is authorized to furnish, on such terms and conditions as the 
President may determine, assistance to foreign countries in 
order to enhance the ability of their law enforcement personnel 
to deter terrorists and terrorist groups from engaging in 
international terrorist acts such as bombing, kidnaping, 
assassination, hostage taking, and hijacking. Such assistance 
may include training services and the provision of equipment 
and other commodities related to bomb detection and disposal, 
management of hostage situations, physical security, and other 
matters relating to the detection, deterrence, and prevention 
of acts of terrorism, the resolution of terrorist incidents, 
and the apprehension of those involved in such acts.
---------------------------------------------------------------------------
    \1\ Ch. 8 was added by the International Security and Development 
Assistance Authorizations Act of 1983 (sec. 101(b)(2) of the Further 
Continuing Appropriations, 1984; Public Law 98-151; 97 Stat. 972). 
Pursuant to Public Law 98-151, ch. 8 was enacted as contained in title 
II of H.R. 2992, as reported by the House Committee on Foreign Affairs 
on May 17, 1983, except for sec. 575 (redesignated in 1996 as sec. 
574), which was included in Public Law 98-151.
    Sec. 122 of Public Law 104-164 (110 Stat. 1428) provided the 
following:
    ``sec. 122. research and development expenses.
    ``Funds made available for fiscal years 1996 and 1997 to carry out 
chapter 8 of part II of the Foreign Assistance Act of 1961 (22 U.S.C. 
2349aa et seq.; relating to antiterrorism assistance) may be made 
available to the Technical Support Working Group of the Department of 
State for research and development expenses related to contraband 
detection technologies or for field demonstrations of such technologies 
(whether such field demonstrations take place in the United States or 
outside the United States).''.
    \2\ 22 U.S.C. 2349aa. Delegation of Authority No. 145 (February 4, 
1984) delegated the functions conferred upon the President by chapter 8 
to the Director of the Office for Combating Terrorism.
---------------------------------------------------------------------------
    Sec. 572.\3\ Purposes.--Activities conducted under this 
chapter shall be designed--
---------------------------------------------------------------------------
    \3\ 22 U.S.C. 2349aa-1.
---------------------------------------------------------------------------
          (1) to enhance the antiterrorism skills of friendly 
        countries by providing training and equipment to deter 
        and counter terrorism;
          (2) to strengthen the bilateral ties of the United 
        States with friendly governments by offering concrete 
        assistance in this area of great mutual concern; and
          (3) to increase respect for human rights by sharing 
        with foreign civil authorities modern, humane, and 
        effective antiterrorism techniques.
    Sec. 573.\4\ Limitations.--(a) Whenever the President 
determines it to be consistent with and in furtherance of the 
purposes of this chapter, and on such terms and conditions 
consistent with this Act as he may determine, any agency of the 
United States Government is authorized to furnish services and 
commodities, without charge to funds available to carry out 
this chapter, to an eligible foreign country, subject to 
payment in advance of the value thereof (within the meaning of 
section 644(m)) in United States dollars by the foreign 
country. Credits and the proceeds of guaranteed loans made 
available to such countries pursuant to the Arms Export Control 
Act shall not be used for such payments. Collections under this 
chapter shall be credited to the currently applicable 
appropriation, account, or fund of the agency providing such 
services and commodities and shall be available for the 
purposes for which such appropriation, account, or fund is 
authorized to be used.
---------------------------------------------------------------------------
    \4\ 22 U.S.C. 2349aa-2. Sec. 121(b)(1) of Public Law 104-164 (110 
Stat. 1428) struck out ``Specific Authorities and'' from the section 
heading. Sec. 121(b)(2) of that Public Law struck out subsec. (a) of 
this section and redesignated subsecs. (b) through (f) as subsecs. (a) 
through (e), respectively. Subsec. (f), however, had been struck out 
previously by Public Law 104-132 (see note below). Subsec. (a) had read 
as follows:
    ``(a) Notwithstanding section 660 of this Act, services and 
commodities may be granted for the purposes of this chapter to eligible 
foreign countries, subject to reimbursement of the value thereof 
(within the meaning of section 644(m)) pursuant to section 632 of this 
Act from funds available to carry out this chapter.''.
---------------------------------------------------------------------------
    (b) The Assistant Secretary of State for Democracy, Human 
Rights, and Labor \5\ shall be consulted in the \6\ 
determinations of the foreign countries that will be furnished 
assistance under this chapter and determinations of the nature 
of assistance to be furnished to each such country.
---------------------------------------------------------------------------
    \5\ Sec. 163(e)(2) of the Foreign Relations Authorization Act, 
Fiscal Years 1994 and 1995 (Public Law 103-236; 108 Stat. 405), amended 
the title designation by striking out ``Human Rights and Humanitarian 
Affairs'', and inserting in lieu thereof ``Democracy, Human Rights, and 
Labor''.
    \6\ Sec. 328(a)(1) of the Antiterrorism and Effective Death Penalty 
Act of 1996 (Public Law 104-132; 110 Stat. 1257) struck out 
``development and implementation of the antiterrorism assistance 
program under this chapter, including'' at this point.
---------------------------------------------------------------------------
    (c) \7\ (1) Arms and ammunition may be provided under this 
chapter only if they are directly related to antiterrorism 
assistance.
---------------------------------------------------------------------------
    \7\ Subsec. (c), redesignated from subsec. (d) by sec. 121(b)(3) of 
Public Law 104-164 (110 Stat. 1428), was amended and restated by sec. 
328(a)(2) of the Antiterrorism and Effective Death Penalty Act of 1996 
(Public Law 104-132; 110 Stat. 1257). Portions were amended and 
restated earlier by sec. 213(b) of Public Law 101-604 (104 Stat. 3086), 
sec. 507 of Public Law 99-399 (100 Stat. 873).
    In view of amendments to this subsection by Public Law 104-132, 
amendments contained in sec. 121(b)(4) of Public Law 104-164 (110 Stat. 
1428) cannot be executed. Sec. 121(b)(4) of that Public Law required:
    ``(b) limitations.--Section 573 of such Act (22 U.S.C. 2349aa-2) is 
amended-- * * *
---------------------------------------------------------------------------

          ``(4) in subsection (c) (as redesignated)--

                  ``(A) by striking paragraphs (1) and (2);
                  ``(B) by redesignating paragraphs (3) through (5) as 
                paragraphs (1) through (3), respectively; and
                  ``(C) by amending paragraph (2) (as redesignated) to 
                read as follows:
---------------------------------------------------------------------------
    ``(2)(A) Except as provided in subparagraph (B), funds made 
available to carry out this chapter shall not be made available for the 
procurement of weapons and ammunition.
    ``(B) Subparagraph (A) shall not apply to small arms and ammunition 
in categories I and III of the United States Munitions List that are 
integrally and directly related to antiterrorism training provided 
under this chapter if, at least 15 days before obligating those funds, 
the President notifies the appropriate congressional committees 
specified in section 634A of this Act in accordance with the procedures 
applicable to reprogramming notifications under such section.
    ``(C) The value (in terms of original acquisition cost) of all 
equipment and commodities provided under this chapter in any fiscal 
year may not exceed 25 percent of the funds made available to carry out 
this chapter for that fiscal year.''.
---------------------------------------------------------------------------
    (2) The value (in terms of original acquisition cost) of 
all equipment and commodities provided under this chapter in 
any fiscal year shall not exceed 30 percent of the funds made 
available to carry out this chapter for that fiscal year.
    (d) This chapter does not apply to information exchange 
activities conducted by agencies of the United States 
Government under other authority for such purposes.
    (f) \8\ [Repealed--1996]
---------------------------------------------------------------------------
    \8\ Subsec. (f) was added by sec. 501(c) of Public Law 99-83 (99 
Stat. 221), and struck out by sec. 328(a)(3) of the Antiterrorism and 
Effective Death Penalty Act of 1996 (Public Law 104-132; 110 Stat. 
1257). It had read as follows:
    ``(f) Funds made available to carry out this chapter may not be 
used for personnel compensation or benefits.''.
---------------------------------------------------------------------------
    Sec. 574.\9\ * * * [Repealed--1996]
---------------------------------------------------------------------------
    \9\ Formerly at 22 U.S.C. 2349aa-3. Sec. 121(c) of Public Law 104-
164 (110 Stat. 1428) repealed sec. 574, which had required reports to 
Congress on antiterrorism assistance.
---------------------------------------------------------------------------
    Sec. 574.\10\ Authorizations of Appropriations.--(a) There 
are authorized to be appropriated to the President to carry out 
this chapter $9,840,000 for the fiscal year 1986 and 
$14,680,000 for the fiscal year 1987.
---------------------------------------------------------------------------
    \10\ 22 U.S.C. 2349aa-4. Redesignated from sec. 575 to sec. 574 by 
sec. 121(d) of Public Law 104-164 (110 Stat. 1428). The authorization 
for fiscal year 1986 was enacted by sec. 501(a) of the International 
Security and Development Cooperation Act of 1985 (Public Law 99-83; 99 
Stat. 219). The authorization for fiscal year 1987 of $14,680,000 was 
inserted in lieu of the amount of $9,840,000 (originally enacted by 
Public Law 99-83) by sec. 401 of Public Law 99-399 (100 Stat. 862). 
Previous authorizations include: fiscal year 1984--$5,000,000; fiscal 
year 1985--no authorization; fiscal years 1988 through 1999--no 
authorization.
    Congress did not enact an authorization for fiscal year 1999. 
Instead, the Foreign Operations, Export Financing, and Related Programs 
Appropriations Act, 1999 (division A, sec. 101(d) of Public Law 105-
277; 112 Stat. 2681), waived the requirements for authorization, and 
title II of that Act provided the following:
---------------------------------------------------------------------------

   ``nonproliferation, anti-terrorism, demining and related programs
---------------------------------------------------------------------------
    ``For necessary expenses for nonproliferation, anti-terrorism and 
related programs and activities, $198,000,000, to carry out the 
provisions of chapter 8 of part II of the Foreign Assistance Act of 
1961 for anti-terrorism assistance, section 504 of the FREEDOM Support 
Act for the Nonproliferation and Disarmament Fund, section 23 of the 
Arms Export Control Act or the Foreign Assistance Act of 1961 for 
demining activities, the clearance of unexploded ordnance, and related 
activities, notwithstanding any other provision of law, including 
activities implemented through nongovernmental and international 
organizations, section 301 of the Foreign Assistance Act of 1961 for a 
voluntary contribution to the International Atomic Energy Agency (IAEA) 
and a voluntary contribution to the Korean Peninsula Energy Development 
Organization (KEDO), and for a United States contribution to the 
Comprehensive Nuclear Test Ban Treaty Preparatory Commission: Provided, 
That the Secretary of State shall inform the Committees on 
Appropriations at least twenty days prior to the obligation of funds 
for the Comprehensive Nuclear Test Ban Treaty Preparatory Commission: 
Provided further, That of this amount not to exceed $15,000,000, to 
remain available until expended, may be made available for the 
Nonproliferation and Disarmament Fund, notwithstanding any other 
provision of law, to promote bilateral and multilateral activities 
relating to nonproliferation and disarmament: Provided further, That 
such funds may also be used for such countries other than the New 
Independent States of the former Soviet Union and international 
organizations when it is in the national security interest of the 
United States to do so: Provided further, That such funds shall be 
subject to the regular notification procedures of the Committees on 
Appropriations: Provided further, That of the funds appropriated under 
this heading not less than $35,000,000 should be made available for 
demining, clearance of unexploded ordnance, and related activities: 
Provided further, That of the funds made available for demining and 
related activities, not to exceed $500,000, in addition to funds 
otherwise available for such purposes, may be used for expenses related 
to the operation and management of the demining program: Provided 
further, That funds appropriated under this heading may be made 
available for the International Atomic Energy Agency only if the 
Secretary of State determines (and so reports to the Congress) that 
Israel is not being denied its right to participate in the activities 
of that Agency.''.
    See also in that Act: sec. 506--Prohibition on Financing Nuclear 
Goods; sec. 515--Notification Requirements; and sec. 576--Assistance 
for the Middle East.
    Sec. 328(b) of the Antiterrorism and Effective Death Penalty Act of 
1996 (Public Law 104-132; 110 Stat. 1257) provided the following:
    ``(b) Assistance to Foreign Countries To Procure Explosives 
Detection Devices and Other Counterterrorism Technology.--(1) Subject 
to section 575(b), up to $3,000,000 in any fiscal year may be made 
available--
---------------------------------------------------------------------------

          ``(A) to procure explosives detection devices and other 
        counterterrorism technology; and
          ``(B) for joint counterterrorism research and development 
        projects on such technology conducted with NATO and major non-
        NATO allies under the auspices of the Technical Support Working 
        Group of the Department of State.
---------------------------------------------------------------------------
    ``(2) As used in this subsection, the term `major non-NATO allies' 
means those countries designated as major non-NATO allies for purposes 
of section 2350a(i)(3) of title 10, United States Code.
    ``(c) Assistance to Foreign Countries.--Notwithstanding any other 
provision of law (except section 620A of the Foreign Assistance Act of 
1961) up to $1,000,000 in assistance may be provided to a foreign 
country for counterterrorism efforts in any fiscal year if--
---------------------------------------------------------------------------

          ``(1) such assistance is provided for the purpose of 
        protecting the property of the United States Government or the 
        life and property of any United States citizen, or furthering 
        the apprehension of any individual involved in any act of 
        terrorism against such property or persons; and
          ``(2) the appropriate committees of Congress are notified not 
        later than 15 days prior to the provision of such 
        assistance.''.
    (b) Amounts appropriated under this section are authorized 
to remain available until expended.

           *       *       *       *       *       *       *


                                PART III


Chapter 1--General Provisions

           *       *       *       *       *       *       *


    Sec. 620A.\11\<SUP>,</SUP> \12\ Prohibition on Assistance 
to Governments Supporting International Terrorism.
---------------------------------------------------------------------------
    \11\ 22 U.S.C. 2371.
    \12\ Section 620A was added by sec. 303 of the International 
Security Assistance and Arms Export Control Act of 1976 (Public Law 94-
329; 90 Stat. 753). It was amended and restated by sec. 503(a) of the 
International Security and Development Cooperation Act of 1985 (Public 
Law 99-83; 99 Stat. 220). It was further amended and restated by sec. 5 
of the Anti-Terrorism and Arms Export Amendments Act of 1989 (Public 
Law 101-222; 103 Stat. 1897).
    Section 10 of the Anti-Terrorism and Arms Export Amendments Act of 
1989 (Public Law 101-222; 103 Stat. 1900) provided the following in 
relation to the amendment of sec. 620A:
    ``Sec. 10. self-defense in accordance with international law.
    ``The use by any government of armed force in the exercise of 
individual or collective self-defense in accordance with applicable 
international agreements and customary international law shall not be 
considered an act of international terrorism for purposes of the 
amendments made by this Act.''.
    The Foreign Operations, Export Financing, and Related Programs 
Appropriations Act, 1999 (division A, sec. 101(d) of Public Law 105-
277; 112 Stat. 2681), provided the following:
---------------------------------------------------------------------------

      ``prohibition on bilateral assistance to terrorist countries
---------------------------------------------------------------------------
    ``Sec. 528. (a) Notwithstanding any other provision of law, funds 
appropriated for bilateral assistance under any heading of this Act and 
funds appropriated under any such heading in a provision of law enacted 
prior to enactment of this Act, shall not be made available to any 
country which the President determines--
---------------------------------------------------------------------------

          ``(1) grants sanctuary from prosecution to any individual or 
        group which has committed an act of international terrorism, or
          ``(2) otherwise supports international terrorism.
---------------------------------------------------------------------------
    ``(b) The President may waive the application of subsection (a) to 
a country if the President determines that national security or 
humanitarian reasons justify such waiver. The President shall publish 
each waiver in the Federal Register and, at least fifteen days before 
the waiver takes effect, shall notify the Committees on Appropriations 
of the waiver (including the justification for the waiver) in 
accordance with the regular notification procedures of the Committees 
on Appropriations.
---------------------------------------------------------------------------
          * * * * * * *

 ``prohibition on assistance to foreign governments that export lethal 
   military equipment to countries supporting international terrorism
---------------------------------------------------------------------------
    ``Sec. 551. (a) None of the funds appropriated or otherwise made 
available by this Act may be available to any foreign government which 
provides lethal military equipment to a country the government of which 
the Secretary of State has determined is a terrorist government for 
purposes of section 40(d) of the Arms Export Control Act or any other 
comparable provision of law. The prohibition under this section with 
respect to a foreign government shall terminate 12 months after that 
government ceases to provide such military equipment. This section 
applies with respect to lethal military equipment provided under a 
contract entered into after October 1, 1997.
    ``(b) Assistance restricted by subsection (a) or any other similar 
provision of law, may be furnished if the President determines that 
furnishing such assistance is important to the national interests of 
the United States.
    ``(c) Whenever the waiver of subsection (b) is exercised, the 
President shall submit to the appropriate congressional committees a 
report with respect to the furnishing of such assistance. Any such 
report shall include a detailed explanation of the assistance estimated 
to be provided, including the estimated dollar amount of such 
assistance, and an explanation of how the assistance furthers United 
States national interests.''.
    See also in that Act: sec. 540--Special Authorities; sec. 543--
Eligibility for Assistance; and sec. 559--Special Debt Relief for the 
Poorest; and sec. 591--National Commission on Terrorism.
    See also sec. 586 of the Foreign Operations, Export Financing, and 
Related Programs Appropriations Act, 1991 (Public Law 101-513; 104 
Stat. 2047), cited as the ``Iraq Sanctions Act of 1990'',in sec. A.7 of 
this publication.
---------------------------------------------------------------------------
    (a) \13\ Prohibition.--The United States shall not provide 
any assistance under this Act, the Agricultural Trade 
Development and Assistance Act of 1954, the Peace Corps Act, or 
the Export-Import Bank Act of 1945 to any country if the 
Secretary of State determines that the government of that 
country has repeatedly provided support for acts of 
international terrorism.
---------------------------------------------------------------------------
    \13\ See also 18 U.S.C. 2332d, as added by sec. 321 of Public Law 
104-132 (110 Stat. 1254), which provides that U.S. persons engaging in 
financial transactions with the government of a country designated as 
supporting international terrorism under sec. 6(j) of the Export 
Administration Act (50 U.S.C. App. 2405) shall be fined under title 18, 
imprisoned for not more than 10 years, or both.
---------------------------------------------------------------------------
    (b) Publication of Determinations.--Each determination of 
the Secretary of State under subsection (a), including each 
determination in effect on the date of the enactment of the 
Antiterrorism and Arms Export Amendments Act of 1989, shall be 
published in the Federal Register.
    (c) Rescission.--A determination made by the Secretary of 
State under subsection (a) may not be rescinded unless the 
President submits to the Speaker of the House of 
Representatives and the Chairman of the Committee on Foreign 
Relations of the Senate--
          (1) before the proposed rescission would take effect, 
        a report certifying that--
                  (A) there has been a fundamental change in 
                the leadership and policies of the government 
                of the country concerned;
                  (B) that government is not supporting acts of 
                international terrorism;
                  (C) that government has provided assurances 
                that it will not support acts of international 
                terrorism in the future; or
          (2) at least 45 days before the proposed rescission 
        would take effect, a report justifying the rescission 
        and certifying that--
                  (A) the government concerned has not provided 
                any support for international terrorism during 
                the preceding 6-month period; and
                  (B) the government concerned has provided 
                assurances that it will not support acts of 
                international terrorism in the future.
    (d) Waiver.--Assistance prohibited by subsection (a) may be 
provided to a country described in that subsection if--
          (1) the President determines that national security 
        interests or humanitarian reasons justify a waiver of 
        subsection (a), except that humanitarian reasons may 
        not be used to justify assistance under part II of this 
        Act (including chapter 4, chapter 6, and chapter 8), or 
        the Export-Import Bank Act of 1945; and
          (2) at least 15 days before the waiver takes effect, 
        the President consults with the Committee on Foreign 
        Affairs \14\ of the House of Representatives and the 
        Committee on Foreign Relations of the Senate regarding 
        the proposed waiver and submits a report to the Speaker 
        of the House of Representatives and the chairman of the 
        Committee on Foreign Relations of the Senate 
        containing--
---------------------------------------------------------------------------
    \14\ Sec. 1(a)(5) of Public Law 104-14 (109 Stat. 186) provided 
that referenses to the Committee on Foreign Affairs of the House of 
Representatives shall be treated as referring to the Committee on 
International Relations of the House of Representatives.
---------------------------------------------------------------------------
                  (A) the name of the recipient country;
                  (B) a description of the national security 
                interests or humanitarian reasons which require 
                the waiver;
                  (C) the type and amount of and the 
                justification for the assistance to be provided 
                pursuant to the waiver; and
                  (D) the period of time during which such 
                waiver will be effective.
The waiver authority granted in this subsection may not be used 
to provide any assistance under the Foreign Assistance Act of 
1961 which is also prohibited by section 40 of the Arms Export 
Control Act.

           *       *       *       *       *       *       *


SEC. 620G.\15\<SUP>,</SUP> \16\ PROHIBITION ON ASSISTANCE TO COUNTRIES 
                    THAT AID TERRORIST STATES.

    (a) Withholding of Assistance.--The President shall 
withhold assistance under this Act to the government of any 
country that provides assistance to the government of any other 
country for which the Secretary of State has made a 
determination under section 620A.
---------------------------------------------------------------------------
    \15\ 22 U.S.C. 2377. Sec. 325 of the Antiterrorism and Effective 
Death Penalty Act of 1996 (Public Law 104-132; 110 Stat. 1256) added 
this sec. 620G.
    Sec. 149 of Public Law 104-164 (110 Stat. 1436) also added a new 
sec. 620G, relating to depleted uranium ammunition.
    \16\ Sec. 329 of that Act (110 Stat. 1258) defined assistance as 
follows:
    ``(1) the term `assistance' means assistance to or for the benefit 
of a government of any country that is provided by grant, concessional 
sale, guaranty, insurance, or by any other means on terms more 
favorable than generally available in the applicable market, whether in 
the form of a loan, lease, credit, debt relief, or otherwise, including 
subsidies for exports to such country and favorable tariff treatment of 
articles that are the growth, product, or manufacture of such country; 
and
    ``(2) the term `assistance' does not include assistance of the type 
authorized under chapter 9 of part 1 of the Foreign Assistance Act of 
1961 (relating to international disaster assistance).''.
---------------------------------------------------------------------------
    (b) Waiver.--Assistance prohibited by this section may be 
furnished to a foreign government described in subsection (a) 
if the President determines that furnishing such assistance is 
important to the national interests of the United States and, 
not later than 15 days before obligating such assistance, 
furnishes a report to the appropriate committees of Congress 
including--
          (1) a statement of the determination;
          (2) a detailed explanation of the assistance to be 
        provided;
          (3) the estimated dollar amount of the assistance; 
        and
          (4) an explanation of how the assistance furthers 
        United States national interests.

           *       *       *       *       *       *       *


SEC. 620H.\16\<SUP>,</SUP> \17\ PROHIBITION ON ASSISTANCE TO COUNTRIES 
                    THAT PROVIDE MILITARY EQUIPMENT TO TERRORIST 
                    STATES.

    (a) Prohibition.--
          (1) In general.--The President shall withhold 
        assistance under this Act to the government of any 
        country that provides lethal military equipment to a 
        country the government of which the Secretary of State 
        has determined is a terrorist government for the 
        purposes of section 6(j) of the Export Administration 
        Act of 1979 (50 U.S.C. App. 2405(j)), or 620A of the 
        Foreign Assistance Act of 1961 (22 U.S.C. 2371).
---------------------------------------------------------------------------
    \17\ 22 U.S.C. 2378. Sec. 326 of the Antiterrorism and Effective 
Death Penalty Act of 1996 (Public Law 104-132; 110 Stat. 1256) added 
sec. 620H.
---------------------------------------------------------------------------
          (2) Applicability.--The prohibition under this 
        section with respect to a foreign government shall 
        terminate 1 year after that government ceases to 
        provide lethal military equipment. This section applies 
        with respect to lethal military equipment provided 
        under a contract entered into after the date of 
        enactment of this Act.\18\
---------------------------------------------------------------------------
    \18\ ``[D]ate of enactment of this Act'' probably refers to 
enactment of the amendment, April 24, 1996.
---------------------------------------------------------------------------
    (b) Waiver.--Notwithstanding any other provision of law, 
assistance may be furnished to a foreign government described 
in subsection (a) if the President determines that furnishing 
such assistance is important to the national interests of the 
United States and, not later than 15 days before obligating 
such assistance, furnishes a report to the appropriate 
committees of Congress including--
          (1) a statement of the determination;
          (2) a detailed explanation of the assistance to be 
        provided;
          (3) the estimated dollar amount of the assistance; 
        and
          (4) an explanation of how the assistance furthers 
        United States national interests.

           *       *       *       *       *       *       *


          PART IV--ENTERPRISE FOR THE AMERICAS INITIATIVE \19\


SEC. 701.\20\ PURPOSE.

    The purpose of this part is to encourage and support 
improvement in the lives of the people of Latin America and the 
Caribbean through market-oriented reforms and economic growth 
with interrelated actions to promote debt reduction, investment 
reforms, community based conservation, and sustainable use of 
the environment, and child survival and child development. The 
Facility will support these objectives through administration 
of debt reduction operations under this part for those 
countries with democratically elected governments that meet 
investment reforms and other policy conditions.
---------------------------------------------------------------------------
    \19\ Sec. 602(a) of the Jobs Through Exports Act of 1992 (Public 
Law 102-549; 106 Stat. 3664) added Part IV--Enterprise for the Americas 
Initiative, secs. 701-710. Formerly, Part IV, which related to 
amendments to other laws, was repealed by sec. 401 of the FA Act of 
1962.
    \20\ 22 U.S.C. 2430.

           *       *       *       *       *       *       *

---------------------------------------------------------------------------

SEC. 703.\21\ ELIGIBILITY FOR BENEFITS.

  (a) Requirements.--To be eligible for benefits from the 
Facility under this part, a country must be a Latin American or 
Caribbean country--
---------------------------------------------------------------------------
    \21\ 22 U.S.C. 2430b.
---------------------------------------------------------------------------
          (1) whose government is democratically elected;
          (2) whose government has not repeatedly provided 
        support for acts of international terrorism;
          (3) whose government is not failing to cooperate on 
        international narcotics control matters;
          (4) whose government (including its military or other 
        security forces) does not engage in a consistent 
        pattern of gross violations of internationally 
        recognized human rights;
          (5) that has in effect, has received approval for, 
        or, as appropriate in exceptional circumstances, is 
        making significant progress toward--
                  (A) an International Monetary Fund standby 
                arrangement, extended Fund arrangement, or an 
                arrangement under the structural adjustment 
                facility or enhanced structural adjustment 
                facility, or in exceptional circumstances, a 
                Fund monitored program or its equivalent, 
                unless the President determines (after 
                consultation with the Enterprise for the 
                Americas Board) that such an arrangement or 
                program (or its equivalent) could reasonably be 
                expected to have significant adverse social or 
                environmental effects; and
                  (B) as appropriate, structural or sectoral 
                adjustment loans from the International Bank 
                for Reconstruction and Development or the 
                International Development Association, unless 
                the President determines (after consultation 
                with the Enterprise for the Americas Board) 
                that the resulting adjustment requirements 
                could reasonably be expected to have 
                significant adverse social or environmental 
                effects;
          (6) has put in place major investment reforms in 
        conjunction with an Inter-American Development Bank 
        loan or otherwise is implementing, or is making 
        significant progress toward, an open investment regime; 
        and
          (7) if appropriate, has agreed with its commercial 
        bank lenders on a satisfactory financing program, 
        including, as appropriate, debt or debt service 
        reduction.
  (b) Eligibility Determinations.--Consistent with subsection 
(a), the President shall determine whether a country is 
eligible to receive benefits under this part. The President 
shall notify the appropriate congressional committees of his 
intention to designate a country as an eligible country at 
least 15 days in advance of any formal determination.

           *       *       *       *       *       *       *


                     2. The Arms Export Control Act

  Public Law 90-629 [H.R. 15681], 82 Stat. 1320, approved October 22, 
                            1968, as amended

    AN ACT To consolidate and revise foreign assistance legislation 
               relating to reimbursable military exports.

    Be it enacted by the Senate and House of Representatives of 
the United States of America in Congress assembled, That this 
Act may be cited as the ``Arms Export Control Act''.\1\
---------------------------------------------------------------------------
    \1\ The new title, ``Arms Export Control Act,'' was added in lieu 
of ``The Foreign Military Sales Act'' by sec. 201 of the International 
Security Assistance and Arms Export Control Act of 1976 (Public Law 94-
329; 90 Stat. 734). Sec. 201 further stated that ``any reference to the 
Foreign Military Sales Act shall be deemed to be a reference to the 
Arms Export Control Act.''.
---------------------------------------------------------------------------

    Chapter 1--FOREIGN AND NATIONAL SECURITY POLICY OBJECTIVES AND 
RESTRAINTS

           *       *       *       *       *       *       *


    Sec. 6.\2\ Foreign Intimidation and Harassment of 
Individuals in the United States.--No letters of offer may be 
issued, no credits or guarantees may be extended, and no export 
licenses may be issued under this Act with respect to any 
country determined by the President to be engaged in a 
consistent pattern of acts of intimidation or harassment 
directed against individuals in the United States. The 
President shall report any such determination promptly to the 
Speaker of the House of Representatives and to the chairman of 
the Committee on Foreign Relations of the Senate.
---------------------------------------------------------------------------
    \2\ 22 U.S.C. 2756. Sec. 6. was added by sec. 115 of the 
International Security and Development Cooperation Act of 1981 (Public 
Law 97-113; 95 Stat. 1528).

           *       *       *       *       *       *       *

---------------------------------------------------------------------------

Chapter 3--MILITARY EXPORT CONTROLS

           *       *       *       *       *       *       *


    Sec. 38.\3\ Control of Arms Exports and Imports.--(a)(1) * 
* *
---------------------------------------------------------------------------
    \3\ 22 U.S.C. 2778.
---------------------------------------------------------------------------
    (2) \4\ Decisions on issuing export licenses under this 
section shall be made in coordination with the Director of the 
United States Arms Control and Disarmament Agency, taking into 
account the Director's assessment as to whether the export of 
an article would contribute to an arms race, aid in the 
development of weapons of mass destruction, support 
international terrorism, increase the possibility of outbreak 
or escalation of conflict, or prejudice the development of 
bilateral or multilateral arms control or nonproliferation 
agreements or other arrangements. The Director of the Arms 
Control and Disarmament Agency is authorized, whenever the 
Director determines that the issuance of an export license 
under this section would be detrimental to the national 
security of the United States, to recommend to the President 
that such export license be disapproved.
---------------------------------------------------------------------------
    \4\ Sec. 714(a)(1) of the Foreign Relations Authorization Act, 
Fiscal Years 1994 and 1995 (Public Law 103-236; 108 Stat. 497), amended 
and restated para. (2). The paragraph formerly read as follows:
    ``(2) Decisions on issuing export licenses under this section shall 
be made in coordination with the director of the United States Arms 
Control and Disarmament Agency and shall take into account the 
Director's opinion as to whether the export of an article will 
contribute to an arms race, support international terrorism, increase 
the possibility of outbreak or escalation of conflict, or prejudice the 
development of bilateral or multilateral arms control arrangements.''.

           *       *       *       *       *       *       *

---------------------------------------------------------------------------
    Sec. 40.\5\ Transactions With Countries Supporting Acts of 
International Terrorism.
---------------------------------------------------------------------------
    \5\ 22 U.S.C. 2780. See also 22 CFR Part 120-130. Sec. 40 was added 
by sec. 509(a) of Public Law 99-399 (100 Stat. 874). Sec. 40 was 
amended and restated by the Anti-Terrorism and Arms Export Amendments 
Act of 1989 (Public Law 101-222; 103 Stat. 1892). It previously read as 
follows:
    ``Sec. 40. Exports to Countries Supporting Acts of International 
Terrorism.
    ``(a) Prohibition.--Except as provided in subsection (b), items on 
the United States Munitions List may not be exported to any country 
which the Secretary of State has determined, for purposes of section 
6(j)(1)(A) of the Export Administration Act of 1979 (50 U.S.C. App. 
2405(j)(1)(A)), has repeatedly provided support for acts of 
international terrorism.
    ``(b) Waiver.--The President may waive the prohibition contained in 
subsection (a) in the case of a particular export if the President 
determines that the export is important to the national interests of 
the United States and submits to the Congress a report justifying that 
determination and describing the proposed export. Any such waiver shall 
expire at the end of 90 days after it is granted unless the Congress 
enacts a law extending the waiver.''.
---------------------------------------------------------------------------
    (a) Prohibited Transactions by the United States 
Government.--The following transactions by the United States 
Government are prohibited:
          (1) Exporting or otherwise providing (by sale, lease 
        or loan, grant, or other means), directly or 
        indirectly, any munitions item to a country described 
        in subsection (d) under the authority of this Act, the 
        Foreign Assistance Act of 1961, or any other law 
        (except as provided in subsection (h)). In implementing 
        this paragraph, the United States Government--
                  (A) shall suspend delivery to such country of 
                any such item pursuant to any such transaction 
                which has not been completed at the time the 
                Secretary of State makes the determination 
                described in subsection (d), and
                  (B) shall terminate any lease or loan to such 
                country of any such item which is in effect at 
                the time the Secretary of State makes that 
                determination.
          (2) Providing credits, guarantees, or other financial 
        assistance under the authority of this Act, the Foreign 
        Assistance Act of 1961, or any other law (except as 
        provided in subsection (h)), with respect to the 
        acquisition of any munitions item by a country 
        described in subsection (d). In implementing this 
        paragraph, the United States Government shall suspend 
        expenditures pursuant to any such assistance obligated 
        before the Secretary of States makes the determination 
        described in subsection (d). The President may 
        authorize expenditures otherwise required to be 
        suspended pursuant to the preceding sentence if the 
        President has determined, and reported to the Congress, 
        that suspension of those expenditures causes undue 
        financial hardship to a supplier, shipper, or similar 
        person and allowing the expenditure will not result in 
        any munitions item being made available for use by such 
        country.
          (3) Consenting under section 3(a) of this Act, under 
        section 505(a) of the Foreign Assistance Act of 1961, 
        under the regulations issued to carry out section 38 of 
        this Act, or under any other law (except as provided in 
        subsection (h)), to any transfer of any munitions item 
        to a country described in subsection (d). In 
        implementing this paragraph, the United States 
        Government shall withdraw any such consent, which is in 
        effect at the time the Secretary of State makes the 
        determination described in subsection (d), except that 
        this sentence does not apply with respect to any item 
        that has already been transferred to such country.
          (4) Providing any license or other approval under 
        section 38 of this Act for any export or other transfer 
        (including by means of a technical assistance 
        agreement, manufacturing licensing agreement, or 
        coproduction agreement) of any munitions item to a 
        country described in subsection (d). In implementing 
        this paragraph, the United States Government shall 
        suspend any such license or other approval which is in 
        effect at the time the Secretary of State makes the 
        determination described in subsection (d), except that 
        this sentence does not apply with respect to any item 
        that has already been exported or otherwise transferred 
        to such country.
          (5) Otherwise facilitating the acquisition of any 
        munitions item by a country described in subsection 
        (d). This paragraph applies with respect to activities 
        undertaken--
                  (A) by any department, agency, or other 
                instrumentality of the Government,
                  (B) by any officer or employee of the 
                Government (including members of the United 
                States Armed Forces), or
                  (C) by any other person at the request or on 
                behalf of the Government.
The Secretary of State may waive the requirements of the second 
sentence of paragraph (1), the second sentence of paragraph 
(3), and the second sentence of paragraph (4) to the extent 
that the Secretary determines, after consultation with the 
Congress, that unusual and compelling circumstances require 
that the United States Government not take the actions 
specified in that sentence.
    (b) Prohibited Transactions by United States Persons.--
          (1) In general.--A United States person may not take 
        any of the following actions:
                  (A) Exporting any munitions item to any 
                country described in subsection (d).
                  (B) Selling, leasing, loaning, granting, or 
                otherwise providing any munitions item to any 
                country described in subsection (d).
                  (C) Selling, leasing, loaning, granting, or 
                otherwise providing any munitions item to any 
                recipient which is not the government of or a 
                person in a country described in subsection (d) 
                if the United States person has reason to know 
                that the munitions item with be made available 
                to any country described in subsection (d).
                  (D) Taking any other action which would 
                facilitate the acquisition, directly or 
                indirectly, of any munitions item by the 
                government of any country described in 
                subsection (d), or any person acting on behalf 
                of that government, if the United States person 
                has reason to know that that action will 
                facilitate the acquisition of that item by such 
                a government or person.
          (2) Liability for actions of foreign subsidiaries, 
        etc.--A United State person violates this subsection if 
        a corporation or other person that is controlled in 
        fact by that United States person (as determined under 
        regulations, which the President shall issue), takes an 
        action described in paragraph (1) outside the United 
        States.
          (3) Applicability to actions outside the united 
        states.--Paragraph (1) applies with respect to actions 
        described in that paragraph which are taken either 
        within or outside the United States by a United States 
        person described in subsection (l)(3)(A) or (B). To the 
        extent provided in regulations issued under subsection 
        (l)(3)(D), paragraph (1) applies with respect to 
        actions described in that paragraph which are taken 
        outside the United State by a person designated as a 
        United States person in those regulations.
    (c) Transfers to Governments and Persons Covered.--This 
section applies with respect to--
          (1) the acquisition of munitions items by the 
        government of a country described in subsection (d); 
        and
          (2) the acquisition of munitions items by any 
        individual, group, or other person within a country 
        described in subsection (d), except to the extent that 
        subparagraph (D) of subsection (b)(1) provides 
        otherwise.
    (d) \6\ Countries Covered by Prohibition.--The prohibitions 
contained in this section apply with respect to a country if 
the Secretary of State determines that the government of that 
country has repeatedly provided support for acts of 
international terrorism. For purposes of this subsection, such 
acts shall include all activities that the Secretary determines 
willfully aid or abet the international proliferation of 
nuclear explosive devices to individuals or groups or willfully 
aid or abet an individual or groups in acquiring unsafeguarded 
special nuclear material.
---------------------------------------------------------------------------
    \6\ Sec. 551 of the Foreign Operations, Export Financing, and 
Related Programs Appropriations Act, 1999 (division A, sec. 101(d) of 
Public Law 105-277; 112 Stat. 2681), provided the following:
---------------------------------------------------------------------------

 ``prohibition on assistance to foreign governments that export lethal 
   military equipment to countries supporting international terrorism
---------------------------------------------------------------------------
    ``Sec. 551. (a) None of the funds appropriated or otherwise made 
available by this Act may be available to any foreign government which 
provides lethal military equipment to a country the government of which 
the Secretary of State has determined is a terrorist government for 
purposes of section 40(d) of the Arms Export Control Act or any other 
comparable provision of law. The prohibition under this section with 
respect to a foreign government shall terminate 12 months after that 
government ceases to provide such military equipment. This section 
applies with respect to lethal military equipment provided under a 
contract entered into after October 1, 1997.
    ``(b) Assistance restricted by subsection (a) or any other similar 
provision of law, may be furnished if the President determines that 
furnishing such assistance is important to the national interests of 
the United States.
    ``(c) Whenever the waiver of subsection (b) is exercised, the 
President shall submit to the appropriate congressional committees a 
report with respect to the furnishing of such assistance. Any such 
report shall include a detailed explanation of the assistance estimated 
to be provided, including the estimated dollar amount of such 
assistance, and an explanation of how the assistance furthers United 
States national interests.''.
---------------------------------------------------------------------------
    (e) Publication of Determinations.--Each determination of 
the Secretary of State under subsection (d) shall be published 
in the Federal Register.
    (f) Rescission.--(1) A determination made by the Secretary 
of State under subsection (d) may not be rescinded unless the 
President submits to the Speaker of the House of 
Representatives and the chairman of the Committee on Foreign 
Relations of the Senate--
          (A) before the proposed rescission would take effect, 
        a report certifying that--
                  (i) there has been a fundamental change in 
                the leadership and policies of the government 
                of the country concerned;
                  (ii) that government is not supporting acts 
                of international terrorism; and
                  (iii) that government has provided assurances 
                that it will not support acts of international 
                terrorism in the future; or
          (B) at least 45 days before the proposed rescission 
        would take effect, a report justifying the rescission 
        and certifying that--
                  (i) the government concerned has not provided 
                any support for international terrorism during 
                the preceding 6-month period; and
                  (ii) the government concerned has provided 
                assurances that it will not support acts of 
                international terrorism in the future.
  (2) (A) No rescission under paragraph (1)(B) of a 
determination under subsection (d) may be made if the Congress, 
within 45 days after receipt of a report under paragraph 
(1)(B), enacts a joint resolution the matter after the 
resolving clause of which is as follows: ``That the proposed 
rescission of the determination under section 40(d) of the Arms 
Export Control Act pursuant to the report submitted to the 
Congress on ________________ is hereby prohibited.'', the blank 
to be completed with the appropriate date.
  (B) A joint resolution described in subparagraph (A) and 
introduced within the appropriate 45-day period shall be 
considered in the Senate and the House of Representatives in 
accordance with paragraphs (3) through (7) of section 8066(c) 
of the Department of Defense Appropriations Act (as contained 
in Public Law 98-473), except that references in such 
paragraphs to the Committees on Appropriations of the House of 
Representatives and the Senate shall be deemed to be references 
to the Committee on Foreign Affairs \7\ of the House of 
Representatives and the Committee on Foreign Relations of the 
Senate, respectively.
---------------------------------------------------------------------------
    \7\ Sec. 1(a)(5) of Public Law 104-14 (109 Stat. 186) provided that 
references to the Committee on Foreign Affairs of the House of 
Representatives shall be treated as referring to the Committee on 
International Relations of the House of Representatives.
---------------------------------------------------------------------------
    (g) Waiver.--The President may waive the prohibitions 
contained in this section with respect to a specific 
transaction if--
          (1) the President determines that the transaction is 
        essential to the national security interests of the 
        United States; and
          (2) not less than 15 days prior to the proposed 
        transaction, the President--
                  (A) consults with the Committee on Foreign 
                Affairs \7\ of the House of Representatives and 
                the Committee on Foreign Relations of the 
                Senate; and
                  (B) submits to the Speaker of the House of 
                Representatives and the chairman of the 
                Committee on Foreign Relations of the Senate a 
                report containing--
                          (i) the name of any country involved 
                        in the proposed transaction, the 
                        identity of any recipient of the items 
                        to be provided pursuant to the proposed 
                        transaction, and the anticipated use of 
                        those items;
                          (ii) a description of the munitions 
                        items involved in the proposed 
                        transaction (including their market 
                        value) and the actual sale price at 
                        each step in the transaction (or if the 
                        items are transferred by other than 
                        sale, the manner in which they will be 
                        provided);
                          (iii) the reasons why the proposed 
                        transaction is essential to the 
                        national security interests of the 
                        United States and the justification for 
                        such proposed transaction;
                          (iv) the date on which the proposed 
                        transaction is expected to occur; and
                          (v) the name of every United States 
                        Government department, agency, or other 
                        entity involved in the proposed 
                        transaction, every foreign government 
                        involved in the proposed transaction, 
                        and every private party with 
                        significant participation in the 
                        proposed transaction.
To the extent possible, the information specified in 
subparagraph (B) of paragraph (2) shall be provided in 
unclassified form, with any classified information provided in 
an addendum to the report.
    (h) Exemption for Transactions Subject to National Security 
Act Reporting Requirements.--The prohibitions contained in this 
section do not apply with respect to any transaction subject to 
reporting requirements under title V of the National Security 
Act of 1947 (50 U.S.C. 413 et seq.; relating to congressional 
oversight of intelligence activities).
    (i) Relation to Other Laws.--
          (1) In general.--With regard to munitions items 
        controlled pursuant to this Act, the provisions of this 
        section shall apply notwithstanding any other 
        provisions of law, other than section 614(a) of the 
        Foreign Assistance Act of 1961 (22 U.S.C. 2364(a)).
          (2) Section 614(a) waiver authority.--If the 
        authority of section 614(a) of the Foreign Assistance 
        Act of 1961 is used to permit a transaction under that 
        Act or the Arms Export Control Act which is otherwise 
        prohibited by this section, the written policy 
        justification required by that section shall include 
        the information specified in subsection (g)(2)(B) of 
        this section.
    (j) Criminal Penalty.--Any person who willfully violates 
this section shall be fined for each violation not more than 
$1,000,000, imprisoned not more than 10 years, or both.
    (k) Civil Penalties; Enforcement.--In the enforcement of 
this section, the President is authorized to exercise the same 
powers concerning violations and enforcement which are 
conferred upon departments, agencies, and officials by sections 
11(c), 11(e), 11(g), and 12(a) of the Export Administration Act 
of 1979 (subject to the same terms and conditions as are 
applicable to such powers under that Act), except that, 
notwithstanding section 11(c) of that Act, the civil penalty 
for each violation of this section may not exceed $500,000.
    (l) Definitions.--As used in this section--
          (1) the term ``munitions item'' means any item 
        enumerated on the United States Munitions list (without 
        regard to whether the item is imported into or exported 
        from the United States);
          (2) the term ``United States'', when used 
        geographically, means the several States, the District 
        of Columbia, the Commonwealth of Puerto Rico, the 
        Commonwealth of the Northern Mariana Islands, and any 
        territory or possession of the United States;
          (3) the term ``United States person'' means--
                  (A) any citizen or permanent resident alien 
                of the United States;
                  (B) any sole proprietorship, partnership, 
                company, association, or corporation having its 
                principal place of business within the United 
                States or organized under the laws of the 
                United States, any State, the District of 
                Columbia, the Commonwealth of Puerto Rico, the 
                Commonwealth of the Northern Mariana Islands, 
                or any territory or possession of the United 
                States;
                  (C) any other person with respect to that 
                person's actions while in the United States; 
                and
                  (D) to the extent provided in regulations 
                issued by the Secretary of state, any person 
                that is not described in subparagraph (A), (B), 
                or (C) but--
                          (i) is a foreign subsidiary or 
                        affiliate of a United States person 
                        described in subparagraph (B) and is 
                        controlled in fact by that United 
                        States person (as determined in 
                        accordance with those regulations), or
                          (ii) is otherwise subject to the 
                        jurisdiction of the United States
                with respect to that person's actions while 
                outside the United States;
          (4) the term ``nuclear explosive device'' has the 
        meaning given that term in section 830(4) of the 
        Nuclear Proliferation Prevention Act of 1994; and
          (5) the term ``unsafeguarded special nuclear 
        material'' has the meaning given that term in section 
        830(8) of the Nuclear Proliferation Prevention Act of 
        1994.
    Sec. 40A.\8\ Transactions With Countries Not Fully 
Cooperating With United States Antiterrorism Efforts.--
---------------------------------------------------------------------------
    \8\ 22 U.S.C. 2781. Sec. 330 of the Antiterrorism and Effective 
Death Penalty Act of 1996 (Public Law 104-132; 110 Stat. 1258) added 
this sec. 40A.
---------------------------------------------------------------------------
    (a) Prohibited Transactions.--No defense article or defense 
service may be sold or licensed for export under this Act in a 
fiscal year to a foreign country that the President determines 
and certifies to Congress, by May 15 of the calendar year in 
which that fiscal year begins, is not cooperating fully with 
United States antiterrorism efforts.
    (b) Waiver.--The President may waive the prohibition set 
forth in subsection (a) with respect to a specific transaction 
if the President determines that the transaction is important 
to the national interests of the United States.

           *       *       *       *       *       *       *


CHAPTER 7--CONTROL OF MISSILES AND MISSILE EQUIPMENT OR TECHNOLOGY \9\

           *       *       *       *       *       *       *


---------------------------------------------------------------------------
    \9\ Sec. 1703 of the National Defense Authorization Act for Fiscal 
Year 1991 (Public Law 101-510; 104 Stat. 1745) added chapter 7, secs. 
71-74.
---------------------------------------------------------------------------
    Sec. 72.\10\ Denial of the Transfer of Missile Equipment or 
Technology by United States Persons.
---------------------------------------------------------------------------
    \10\ 22 U.S.C. 2797a.

           *       *       *       *       *       *       *

---------------------------------------------------------------------------
    (c) \11\ Presumption.--In determining whether to apply 
sanctions under subsection (a) to a United States person 
involved in the export, transfer, or trade of an item on the 
MTCR Annex, it should be a rebuttable presumption that such 
item is designed for use in a missile listed in the MTCR Annex 
if the President determines that the final destination of the 
item is a country the government of which the Secretary of 
State has determined, for purposes of 6(j)(1)(A) of the Export 
Administration Act of 1979, has repeatedly provided support for 
acts of international terrorism.
---------------------------------------------------------------------------
    \11\ Sec. 734(a) of the Foreign Relations Authorization Act, Fiscal 
Years 1994 and 1995 (Public Law 103-236; 108 Stat. 505), added subsec. 
(c).

           *       *       *       *       *       *       *

---------------------------------------------------------------------------
    Sec. 73.\12\ Transfers of Missile Equipment or Technology 
by Foreign Persons.
---------------------------------------------------------------------------
    \12\ 22 U.S.C. 2797b.

           *       *       *       *       *       *       *

---------------------------------------------------------------------------
    (f) \13\ Presumption.--In determining whether to apply 
sanctions under subsection (a) to a foreign person involved in 
the export, transfer, or trade of an item on the MTCR Annex, it 
should be a rebuttable presumption that such item is designed 
for use in a missile listed in the MTCR Annex if the President 
determines that the final destination of the item is a country 
the government of which the Secretary of State has determined, 
for purposes of 6(j)(1)(A) of the Export Administration Act of 
1979, has repeatedly provided support for acts of international 
terrorism.
---------------------------------------------------------------------------
    \13\ Sec. 734(b) of the Foreign Relations Authorization Act, Fiscal 
Years 1994 and 1995 (Public Law 103-236; 108 Stat. 505), added subsec. 
(f).

           *       *       *       *       *       *       *


                3. Iran and Libya Sanctions Act of 1996

Public Law 104-172 [H.R. 3107], 110 Stat. 1541, approved August 5, 1996

   AN ACT To impose sanctions on persons making certain investments 
   directly and significantly contributing to the enhancement of the 
  ability of Iran or Libya to develop its petroleum resources, and on 
    persons exporting certain items that enhance Libya's weapons or 
    aviation capabilities or enhance Libya's ability to develop its 
              petroleum resources, and for other purposes.

    Be it enacted by the Senate and House of Representatives of 
the United States of America in Congress assembled,

SECTION 1.\1\ SHORT TITLE.

    This Act may be cited as the ``Iran and Libya Sanctions Act 
of 1996''.
---------------------------------------------------------------------------
    \1\ 50 U.S.C. 1701 note. In a memorandum of November 21, 1996 (61 
F.R. 64249), the President made the following delegations of authority 
under this Act:
    ``. . . I hereby delegate to the Secretary of State the functions 
vested in the President by the following provisions of the Iran and 
Libya Sanctions Act of 1996 (Public Law 104-172) (`the Act'), such 
functions to be exercised in consultation with the Departments of the 
Treasury and Commerce and the United States Trade Representative, and 
with the Export-Import Bank and the Federal Reserve Board and other 
interested agencies as appropriate: sections 4(c), 5(a), 5(b), 5(c), 
5(f), 6(1), 6(2), and 9(c). I hereby delegate to the Secretary of State 
the functions vested in the President by the following provisions of 
the Act: sections 4(a), 4(b), 4(d), 4(e), 5(d), 5(e), 9(a), 9(b), and 
10. * * * The following functions vested in the President by the 
following provisions of the Act delegated by this memorandum may be 
redelegated: 4(a), 4(b), 4(d), 4(e), 4(d), 5(e), and 10. All other 
functions delegated by this memorandum may not be redelegated.''.
---------------------------------------------------------------------------

SEC. 2.\1\ 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.
          (4) The failure of the Government of Libya to comply 
        with Resolutions 731, 748, and 883 of the Security 
        Council of the United Nations, its support of 
        international terrorism, and its efforts to acquire 
        weapons of mass destruction constitute a threat to 
        international peace and security that endangers the 
        national security and foreign policy interests of the 
        United States and those countries with which it shares 
        common strategic and foreign policy objectives.

SEC. 3.\1\ DECLARATION OF POLICY.

    (a) Policy With Respect to Iran.--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.
    (b) Policy With Respect to Libya.--The Congress further 
declares that it is the policy of the United States to seek 
full compliance by Libya with its obligations under Resolutions 
731, 748, and 883 of the Security Council of the United 
Nations, including ending all support for acts of international 
terrorism and efforts to develop or acquire weapons of mass 
destruction.

SEC. 4.\1\ 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, 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.--The President may waive the application of 
section 5(a) with respect to nationals of a country if--
          (1) that country has agreed to undertake substantial 
        measures, including economic sanctions, that will 
        inhibit Iran's efforts to carry out activities 
        described in section 2 and information required by 
        subsection (b)(1) has been included in a report 
        submitted under subsection (b); and
          (2) the President, at least 30 days before the waiver 
        takes effect, notifies the appropriate congressional 
        committees of his intention to exercise the waiver.
    (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.

SEC. 5.\1\ IMPOSITION OF SANCTIONS.

    (a) Sanctions With Respect to 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, 
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 Libya.--
          (1) Violations of prohibited transactions.--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, exported, 
        transferred, or otherwise provided to Libya any goods, 
        services, technology, or other items the provision of 
        which is prohibited under paragraph 4(b) or 5 of 
        Resolution 748 of the Security Council of the United 
        Nations, adopted March 31, 1992, or under paragraph 5 
        or 6 of Resolution 883 of the Security Council of the 
        United Nations, adopted November 11, 1993, if the 
        provision of such items significantly and materially--
                  (A) contributed to Libya's ability to acquire 
                chemical, biological, or nuclear weapons or 
                destabilizing numbers and types of advanced 
                conventional weapons or enhanced Libya's 
                military or paramilitary capabilities;
                  (B) contributed to Libya's ability to develop 
                its petroleum resources; or
                  (C) contributed to Libya's ability to 
                maintain its aviation capabilities.
          (2) Investments that contribute to the development of 
        petroleum resources.--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, 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 Libya's ability to develop its petroleum 
        resources.
    (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.\2\--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.
---------------------------------------------------------------------------
    \2\ The Department of State published such a list in Public Notice 
No. 2501, January 2, 1997 (62 F.R. 1141).
---------------------------------------------------------------------------
    (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.\1\ 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;
                  (ii) the Arms Export Control Act;
                  (iii) the Atomic Energy Act of 1954; 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.\1\ 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.\1\ TERMINATION OF SANCTIONS.

    (a) Iran.--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; and
          (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, to have repeatedly provided support for acts of 
        international terrorism.
    (b) Libya.--The requirement under section 5(b) to impose 
sanctions shall no longer have force or effect with respect to 
Libya if the President determines and certifies to the 
appropriate congressional committees 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.

SEC. 9.\1\ 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 as to the significance--
                          (i) of the provision of the items 
                        described in section 5(a) to Iran's 
                        ability to develop its petroleum 
                        resources, or
                          (ii) of the provision of the items 
                        described in section 5(b)(1) to the 
                        abilities of Libya described in 
                        subparagraph (A), (B), or (C) of 
                        section 5(b)(1), or of the investment 
                        described in section 5(b)(2) on Libya's 
                        ability to develop its petroleum 
                        resources, as the case may be; 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.\1\ REPORTS REQUIRED.

    (a) Report on Certain International Initiatives.--Not later 
than 6 months after the date of the enactment of this Act, 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) 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 and section 1607 of the 
        National Defense Authorization Act for Fiscal Year 
        1993; 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.\1\ DETERMINATIONS NOT REVIEWABLE.

    A determination to impose sanctions under this Act shall 
not bereviewable in any court.

SEC. 12.\1\ 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.

SEC. 13.\1\ EFFECTIVE DATE; SUNSET.

    (a) Effective Date.--This Act shall take effect on the date 
of the enactment of this Act.
    (b) Sunset.--This Act shall cease to be effective on the 
date that is 5 years after the date of the enactment of this 
Act.

SEC. 14.\1\ 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, and the Committee on International Relations 
        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), including a branch or agency of 
                a foreign bank (as defined in section 1(b)(7) 
                of the International Banking Act of 1978);
                  (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 nongovenmental entity 
        in Iran, or with the Government of Libya or a 
        nongovernmental entity in Libya, on or after the date 
        of the enactment of this Act:
                  (A) The entry into a contract that includes 
                responsibility for the development of petroleum 
                resources located in Iran or Libya (as the case 
                may be), 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.
          (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) Libya.--The term ``Libya'' includes any agency 
        or instrumentality of Libya.
          (13) 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) that is 
        greater than the amount of energy that would be 
        released from the detonation of one pound of 
        trinitrotoluene (TNT).
          (14) 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).
          (15) Petroleum resources.--The term ``petroleum 
        resources'' includes petroleum and natural gas 
        resources.
          (16) 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.
          (17) 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