11 September 2000
Thompson-Torricelli Amendment on China Nonproliferation
Senator Fred Thompson (Republican of Tennessee) offered September 11
what had been a bill on weapons proliferation as an amendment to H.R.
4444, the bill that would grant China Permanent Normal Trade Relations
(PNTR) status.
Thompson, along with Senator Robert Torricelli (Democrat of New
Jersey), had drafted the China Non-Proliferation Act in response to
China's role in weapons proliferation. After a number of unsuccessful
attempts to have the Senate consider the measure as a separate bill,
Thompson introduced it as Amendment 4132 to H.R. 4444.
Besides China, the amendment lists Russia and North Korea as countries
covered by the proposed legislation.
Following is the text of the Thompson Amendment from the September 11
Congressional Record:
Thompson Amendment No. 4132
(Senate - September 11, 2000)
Mr. THOMPSON proposed an amendment to the bill; H.R. 4444, supra; as
follows: At the end of the bill, insert the following new title:
TITLE--CHINA NONPROLIFERATION
SEC. XX01. SHORT TITLE. This title may be cited as the `China
Nonproliferation Act'.
SEC. XX02. DEFINITIONS. In this title:
(1) Covered country: The term `covered country' means the following:
(A) Relationship to most current report: Any country identified by the
Director of Central Intelligence as a source or supply of dual-use and
other technology in the most current report required pursuant to
section 721 of the Intelligence Authorization Act for Fiscal Year 1997
(or any successor report on the acquisition by foreign countries of
dual use and other technology useful for the development or production
of weapons of mass destruction).
(B) Countries previously included: Any country that was previously
included in a report described in subparagraph (A), but that
subsequently is not included in such report. A country described in
the preceding sentence shall continue to be considered a covered
country for purposes of this title unless and until such country has
not been identified by the Director of Central Intelligence in the
report described in subparagraph (A) for 5 consecutive years.
(C) Initial countries: On the date of enactment of this Act, China,
Russia, and North Korea shall be considered covered countries for
purposes of this Act and shall continue to be considered covered
countries pursuant to subparagraph (B).
(2) Cruise missile: The term `cruise missile' means any cruise missile
with 300 or more kilometers of range capability or 500 or more
kilograms of payload capability.
(3) Goods, services, or technology: The term `goods, services, or
technology' means any goods, services, or technology--
(A) listed on--
(i) the Nuclear Suppliers Group Guidelines for the Export of Nuclear
Material, Equipment and Technology (published by the International
Atomic Energy Agency as Information Circular INFCIRC/254/Rev. 3/Part
1, and subsequent revisions) and Guidelines for Transfers of
Nuclear-Related Dual-Use Equipment, Material, and Related Technology
(published by the International Atomic Energy Agency as Information
Circular INFCIRC/254/Rev. 3/Part 2, and subsequent revisions);
(ii) the Missile Technology Control Regime Equipment and Technology
Annex of June 11, 1996, and subsequent revisions;
(iii) the Schedules of the Convention on the Prohibition of the
Development, Production, Stockpiling and Use of Chemical Weapons and
on Their Destruction, including chemicals, precursors, and other
substances;
(iv) the lists of items and substances relating to biological and
chemical weapons the export of which is controlled by the Australia
Group; or
(v) the Wassenaar Arrangement list of Dual Use Goods and Technologies
and Munitions list of July 12, 1996, and subsequent revisions; or
(B) prohibited or controlled for export to any covered country under
this title; and
includes any information and know-how (whether in tangible or
intangible form) that can be used to design, produce, manufacture,
utilize, improve, or reconstruct the goods, services, or technology
identified in this section.
(4) Person: The term `person' includes--
(5) Proliferation activity: The term `proliferation activity' means
the activity described in section XX03(a)(1).
(6) United states assistance: The term `United States assistance'
means--
(A) any assistance under the Foreign Assistance Act of 1961, other
than urgent humanitarian assistance or medicine;
(B) sales and assistance under the Arms Export Control Act; and
(C) financing under the Export-Import Bank Act.
SEC. XX03. REPORTS ON PROLIFERATION TO ENHANCE CONGRESSIONAL
OVERSIGHT. (a) Reports:
(1) In general: The President shall, at the times specified in
subsection (b), submit to the Committee on International Relations of
the House of Representatives, the Committee on Foreign Relations of
the Senate, the Committee on Armed Services of the Senate, the Select
Committee on Intelligence of the Senate, and the Committee on
Governmental Affairs of the Senate, a report identifying every person
of a covered country for whom there is credible information indicating
that such person, on or after January 1, 2000--
(A) contributed to the design, development, production, or acquisition
of nuclear, chemical, or biological weapons or ballistic or cruise
missiles by a foreign person who is not a national of the covered
country, or otherwise engaged in any activity prohibited under--
(i) Article I, paragraph 1, of the Chemical Weapons Convention;
(ii) Articles I and III of the Biological Weapons Convention; or
(iii) Articles I and III of the Treaty on the Nonproliferation of
Nuclear Weapons; or
(B) contributed to the design, development, production, or acquisition
of nuclear, chemical, or biological weapons or ballistic or cruise
missiles through the diversion of United States goods, services, or
technology.
(2) Action by persons identified: The President shall include in the
report the activities by reported persons that warranted inclusion in
the report, and information on any action taken by a person identified
in a prior annual report under this subsection that establishes that
the person has discontinued, rectified, or mitigated a prior
proliferation activity identified under this title.
(3) Action by president: The President shall include in the report
information on actions taken by the President under sections XX04 and
XX05, and the reasons therefore, in response to proliferation
activities conducted by persons identified in this section. The
President shall include in the report information on any
determinations made under section XX07. If the President fails to
exercise the authority under sections XX04 and XX05, or if the
President makes a determination under section XX07, with respect to a
person identified in a report submitted pursuant to this section, the
President shall include that information and the reasons therefore in
the report required under this section.
(4) Other information: In addition to the information required by
paragraphs (1) through (3), the President shall include in the report
information on--
(A) noncompliance with any international arms control, disarmament or
nonproliferation treaties, agreements, arrangements, or commitments
(verbal, written, or otherwise) by covered countries;
(B) noncompliance with United States export control laws, Executive
orders, regulations, or export license conditions by covered
countries;
(C) the performance of the Department of Commerce in licensing,
regulating, and controlling the export of dual-use technology to
covered countries, including the number and type of post-shipment
verifications conducted and enforcement actions taken;
(D) the threats to the national security interests of the United
States, or the security interests of its allies resulting from--
(i) proliferation activities on the part of covered countries or
persons identified in reports submitted under this section;
(ii) the transfer or sale to the government of, or persons within, a
covered country of dual-use technologies and goods listed on the
Commerce Control List;
(iii) the misuse or diversion by the government of a covered country
of dual-use technology; or
(iv) the transfer or sale of goods, services, or technology identified
by the Director of Central Intelligence as having a significant
potential to make a contribution to the development, improvement, or
production of nuclear, biological, or chemical weapons, or of
ballistic or cruise missile systems; and
(E) transfers to the government of, or persons within, a covered
country under arms control, disarmament, or nonproliferation
agreements and any indication that a covered country has engaged in a
proliferation activity under the auspices of such agreements. (b)
Timing of Reports: The reports required under subsection (a) shall be
submitted no later than 90 days after the date of enactment of this
Act, and on June 1 of each year thereafter. (c) Exception: Any person
that has engaged in proliferation activities on behalf of, or in
concert with, the Government of the United States is not required to
be identified on account of that violation in any report submitted
under this section. (d) Submission in Classified Form: The reports
required by this section shall be submitted in unclassified form, with
classified annexes as necessary. The President shall ensure that
appropriate procedures are in place for the protection of sensitive
intelligence sources and methods in both the reports and the annexes.
SEC. XX04. APPLICATION OF MEASURES TO CERTAIN PERSONS. (a) Application
of Measures: Subject to section XX07, if the President determines that
a person identified in a report submitted pursuant to section XX03(a)
has engaged in an activity described under section XX03(a)(1) the
President shall apply to such person, for such period of time as the
President may determine but not less than 1 year, all of the measures
described in subsection (b). (b) Description of Measures: The measures
referred to in subsection (a) are the following:
(1) Executive order no. 12938 prohibitions: Imposition of the measures
set forth in subsections (b) and (c) of section 4 of Executive Order
No. 12938 (as in effect on July 29, 1998).
(2) Arms export prohibition: Prohibition on United States Government
transfers or sales to such person of any item on the United States
Munitions List as in effect on August 8, 1995, and termination of all
sales and after-sale servicing to such person of any defense articles,
defense services, or design and construction services under the Arms
Export Control Act.
(3) Dual-use export prohibition: Denial of licenses, suspension of
existing licenses, and termination of all transfers or sales and
after-sale servicing to such person of any item the export of which is
controlled under the Export Administration Act of 1979 (as extended
pursuant to the International Emergency Economic Powers Act) or the
Export Administration regulations.
(4) United states assistance prohibition: Prohibition on the provision
of United States assistance in the form of grants, loans, credits,
guarantees, or otherwise, to such person.
(5) Suspension of agreements: Immediate suspension of any agreements
or efforts for the co-development or co-production with such person of
any item on the United States Munitions List. (c) Effective Date of
Measures: Each measure imposed pursuant to subsection (a) shall take
effect with respect to such person 30 days after the date that the
report identifying the person is submitted to Congress. (d)
Publication in Federal Register: Notice of the imposition of the
measures described in subsection (b) to a person identified pursuant
to section XX03(a) shall be published in the Federal Register, unless
the President determines that such publication would threaten the
national security or intelligence interests of the United States. (e)
Duration of Measures: Each measure imposed under this section shall
apply for a period of at least 12 months following the imposition of
the measure and shall cease to apply only if the President determines
and certifies to Congress that--
(1) the person with respect to whom the determination was made under
section XX03(a) has ceased the activities for which the measure was
imposed;
(2) the person has taken reasonable steps to rectify the violation;
and
(3) the President has received reasonable assurances from the person
that such person will not engage in similar activities in the future.
SEC. XX05. APPLICATION OF ADDITIONAL MEASURES DIRECTED AT GOVERNMENTS
OF COVERED COUNTRIES. (a) In addition to the measures described in
section XX04 applied against persons identified pursuant to section
XX03(a), the President is authorized to apply additional measures as
follows against any or all of the covered countries:
(1) Suspension of all military-to-military contacts and exchanges
between the covered country and the United States.
(2) Suspension of all United States assistance to the covered country
by the United States Government.
(3) Prohibition on United States bank loans or bond offerings in
United States markets on the part of any national of a covered
country.
(4) Prohibition on the transfer or sale or after-sale servicing,
including the provision of replacement parts, to the covered country
or any national of the covered country of any item on the United
States Munitions List and suspension of any agreement with the covered
country or any national of the covered country for the co-development
or co-production of any item on the United States Munitions List.
(5) Suspension of all scientific, academic, and technical exchanges
between the covered country and the United States.
(6) Direction of the Export-Import Bank of the United States not to
approve the issuance of any guarantees, insurance, extension of
credit, or participation on the extension of credit to the covered
country, except for the purchase of agricultural commodities,
medicine, medical supplies, or humanitarian assistance.
(7) Denial of access to the capital markets of the United States by
all state-owned enterprises of the covered country.
(8) Prohibition on the transfer or sale to the covered country or any
national of the covered country of any item on the Commerce Control
List that is controlled for national security purposes and prohibition
of after-sale servicing, including the provision of replacement parts
for such items.
(9) Prohibition on procurement by the United States Government or
entering into any contract for the procurement of, any goods or
services from the covered country or any national of the covered
country.
(10) Designation of the covered country in a country tier under the
Export Administration Regulations that is higher than the country tier
in effect.
(11) Denial of access to the capital markets of the United States by
any company owned or controlled by nationals of the covered country.
(12) Prohibition on the transfer or sale to the covered country or any
national of the covered country of any item on the Commerce Control
List and prohibition of after-sale servicing, including the provision
of replacement parts for such items.
SEC. XX06. PROCEDURES FOR CONGRESSIONAL REVIEW. (a) Written
Justification: Any notification submitted by the President under
section XX03 indicating that the President is not imposing a measure
or exercising authority under section XX04 orXX05 or that the
President is making a determination under section XX07(a) (1) or (2)
shall include a written justification describing in detail the facts
and circumstances relating specifically to the person identified in a
report submitted pursuant to section XX03(a) that supports the
President's decision not to exercise the authority of section XX04 or
XX05 or the President's decision to make a determination under section
XX07(a) (1) or (2) with respect to that person. (b) Congressional
Action: If Congress receives a notification described in section XX03
and does not agree with the justification described in subsection (a),
the appropriate measure shall be imposed with respect to the person
identified in the notification if a joint resolution described in this
section is enacted into law. (c) Joint Resolution:
(1) Definition: For purposes of this section, a joint resolution means
a resolution introduction by one-fifth of the Members of either House
of Congress within 90 days after the date the notification described
in section XX03 is received, the resolving clause of which contains
only the following: `That Congress does not agree with the
justification with respect to XXXXXX contained in the notification
submitted by the President pursuant to the China Nonproliferation Act
on XXXX and that the President shall exercise the mandatory measures
under section XX04 of the Act with respect to XXXXX .'; or `That
Congress does not agree with the justification with respect to XXXX
contained in the notification submitted by the President pursuant to
the China Nonproliferation Act on XXXX and that the President shall
exercise the mandatory measures under section XX04 of the Act with
respect to XXXX and 1 or more measures under section XX05 of the
Act.'; with the first and third blank spaces being filled with the
appropriate person identified under section XX03(a) and with the
second blank being filled with the appropriate date.
(2) Referral to committee:
(A) Senate: A joint resolution introduced in the Senate shall be
referred to the Committee on Foreign Relations of the Senate.
(B) House of representatives: A joint resolution introduced in the
House of Representatives shall be referred to the Committee on
International Relations of the House of Representatives.
(C) Reporting: A joint resolution may not be reported before the 8th
day after the date on which the joint resolution is introduced.
(3) Discharge of committee: If the committee to which the joint
resolution is referred in either House has not reported the joint
resolution (or an identical joint resolution) at the end of 15
calendar days during which that House is in session after the date on
which the joint resolution is introduced--
(4) Floor consideration:
(A) In general:
( i) Motion to proceed to consideration: When the committee to which a
joint resolution is referred in either House has reported, or has been
deemed to be discharged (under paragraph (3)) from further
consideration of, a joint resolution--
(I) it is at any time thereafter in order (even though a previous
motion to the same effect has been disagreed to) for any Member of
that House to move to proceed to the consideration of the joint
resolution; and
(II) all points of order against the joint resolution (and against
consideration of the joint resolution) are waived.
(ii) Treatment of motion: A motion under clause (i)--
(I) is privileged in the Senate and is highly privileged in the House
of Representatives;
(II) is not debatable; and
(III) is not subject to amendment, a motion to postpone, or a motion
to proceed to the consideration of other business.
(iii) No motion to reconsider: A motion to reconsider the vote by
which a motion under clause (i) is agreed to or disagreed to shall not
be in order.
(iv) Agreement to motion: If a motion under clause (i) is agreed to,
the joint resolution shall remain the unfinished business of the House
until the House disposes of the joint resolution.
(B) Debate:
(i) Time: Debate on a joint resolution, and on all debatable motions
and appeals in connection with consideration of a joint resolution,
shall be limited to not more than 10 hours, which shall be divided
equally between those favoring and those opposing the joint
resolution. A motion further to limit debate is in order and not
debatable.
(ii) Amendments and motions out of order: An amendment to a joint
resolution, a motion to postpone, to proceed to the consideration of
other business, or to recommit such a joint resolution, or a motion to
reconsider the vote by which such a joint resolution is agreed to or
disagreed is not in order.
(C) Vote on final passage: A vote on final passage of the joint
resolution shall be taken in each House on or before the close of the
15th calendar day during which that House is in session after the
resolution is reported by the committee of that House to which it was
referred, or after the committee has been discharged from further
consideration of the resolution.
(D) Rulings of the chair on procedure: Appeals from the decisions of
the Chair relating to the application of the rules of either House to
the procedure relating to a joint resolution shall be decided without
debate.
(5) Coordination with action by other house:
(A) In general: If, before the passage by 1 House of a joint
resolution of that House, that House receives from the other House a
joint resolution, the procedures stated in this paragraph shall apply.
(B) No referral: The joint resolution of the other House shall not be
referred to a committee.
(C) Procedure: With respect to a joint resolution of the House
receiving the joint resolution--
(6) Rules of the senate and the house of representatives: This
subsection is enacted by Congress--
(A) as an exercise of the rulemaking power of the Senate and the House
of Representatives, respectively and--
(i) is deemed a part of the rules of each House, respectively, but
applicable only with respect to the procedure to be followed in that
House in the case of a joint resolution; and
(ii) supersedes other rules only to the extent that the subsection is
inconsistent with those rules; and
(B) with full recognition of the constitutional right of either House
to change the rules (so far as the rules relate to the procedure of
that House) at any time, in the same manner and to the same extent as
in the case of any other rule of that House.
SEC. XX07. DETERMINATION EXEMPTING PERSON OR COVERED COUNTRY FROM
SECTIONS XX04, XX05, AND XX08. (a) In General: Sections XX04, XX05,
and XX08, shall not apply to a person or to a covered country 15 days
after the President reports to the Committee on International
Relations of the House of Representatives, the Committee on Foreign
Relations of the Senate, the Committee on Armed Services of the
Senate, the Select Committee on Intelligence of the Senate, and the
Committee on Governmental Affairs of the Senate, that the President
has determined, on the basis of information provided by that person or
covered country, or otherwise obtained by the President, that--
(1) the person did not, on or after January 1, 2000, engage in
proliferation activities, the apparent engagement in which caused the
person to be identified in a report submitted pursuant to section
XX03(a);
(2) the person is subject to the primary jurisdiction of a government
that is an adherent to 1 or more relevant nonproliferation regimes,
the person was identified in a report submitted pursuant to section
XX03(a) with respect to a transfer of goods, services, or technology
described in section XX03(a)(1), and such transfer was made consistent
with the guidelines and parameters of all such relevant regimes of
which such government is an adherent; or
(3) it is important to the national security of the United States not
to apply the provisions of section XX04 or XX05. (b) Waiver for Action
by Covered Country: Section XX05 shall not apply to a covered country
15 days after the President reports to the Committee on International
Relations of the House of Representatives, the Committee on Foreign
Relations of the Senate, the Committee on Armed Services of the
Senate, the Select Committee on Intelligence of the Senate, and the
Committee on Governmental Affairs of the Senate, that the President
has determined, on the basis of information provided by the covered
country, or otherwise obtained by the President, that--
(1) the covered country did not support or participate in the
proliferation activities identified pursuant to section XX03(a); and
(2) the covered country is taking reasonable steps to penalize persons
identified pursuant to section XX03(a) for their proliferation
activities and to deter and prevent future proliferation activities.
(c) Opportunity To Provide Information: Congress urges the President--
(1) in every appropriate case, to contact in a timely fashion each
person identified in each report submitted pursuant to section XX03(a)
or the covered country, in order to afford such person or covered
country the opportunity to provide explanatory, exculpatory, or other
additional information with respect to the proliferation activities
that caused such person to be identified in a report submitted
pursuant to section XX03(a); and
(2) to exercise the authority in subsection (a) in all cases where
information obtained from a person identified in a report submitted
pursuant to section XX03(a), or from the covered country, establishes
that the exercise of such authority is warranted. (d) Effect on
Certain Exports: Nothing in this title shall prohibit or limit the
overseas market development activities by the United States Department
of Agriculture or the export of agricultural commodities, medicine,
medical supplies, or humanitarian assistance.
SEC. XX08. NOTIFICATION TO SECURITIES COMMISSION OF INCLUSION IN
REPORT. (a) Definitions: In this section, the following definitions
shall apply:
(1) Commission: The term `Commission' means the Securities and
Exchange Commission.
(2) Registered national securities association: The term `registered
national securities association' means an association registered under
section 15A(b) of the Securities Exchange Act of 1934 (15 U.S.C.
78o-3(b)).
(3) Registered national securities exchange: The term `registered
national securities exchange' means a national securities exchange
registered under section 6 of the Securities Exchange Act of 1934 (15
U.S.C. 78f).
(4) Registration statement: The term `registration statement' has the
same meaning as in section 2 of the Securities Act of 1933 (15 U.S.C.
77b).
(5) Securities laws: The term `securities laws' and `security' have
the same meanings as in section 3 of the Securities Exchange Act of
1934 (15 U.S.C. 78c). (b) Notification to the Commission: Each report
prepared by the President under section XX03 shall be transmitted to
the Commission at the times specified in section XX03(b). (c)
Regulations: Not later than 6 months after the date of enactment of
this Act, the Commission shall promulgate regulations--
(1) to ensure that securities investors are notified of the identity
of any person included in a report prepared by the President under
section XX03, the securities of which are listed, or authorized for
listing, on a registered national securities exchange (or tier or
segment thereof) or by a registered national securities association;
and
(2) to require each person included in a report of the President under
section XX03 to provide notice of such inclusion in each written
report, statement, or other filing or notice required from that person
under the securities laws, including--
(A) any registration statement;
(B) any annual or quarterly report, statement, or other filing or
notice;
(C) any proxy, consent, authorization, information statement, or other
notice required to be sent to shareholders with respect to any
security registered pursuant to the securities laws;
(D) any report, statement, or other filing or notice required in
connection with an initial public offering; and
(E) any report, statement, or other filing required in connection with
a merger, acquisition, tender offer, or similar transaction.
SEC. XX09. NATIONAL SECURITY ASSESSMENT. In order to ensure that the
threat posed by proliferation activity to United States national
security and to American Armed Forces deployed abroad is given
adequate consideration, the Secretary of Defense shall include as part
of the Department of Defense's Quadrennial Defense Review--
(1) an assessment of the effect on the national security of the United
States and its Armed Forces of transactions by countries determined to
be key suppliers of weapons of mass destruction and the means to
deliver those weapons;
(2) recommendations for changes in United States defense strategy that
could effectively deal with the threats posed by the proliferation of
weapons of mass destruction and the means to deliver those weapons;
and
(3) an assessment of the cost to the United States of developing
systems to address the security challenges posed by the proliferation
of weapons of mass destruction and the means to deliver those weapons.
SEC. XX10. SENSE OF CONGRESS; POLICY. (a) Sense of Congress: It is the
sense of Congress that--
(1) the proliferation of weapons of mass destruction, ballistic and
cruise missiles, and enabling technologies represents a clear and
serious threat to the security of the United States, its friends and
allies, and to regional and global stability;
(2) all nations engaged in the design, development, or production of
goods, services, or technology that contribute, or could contribute,
to such proliferation, should join the United States in eliminating
proliferation by strengthening and broadening existing multilateral
nonproliferation and export control regimes, and by strengthening
their own domestic nonproliferation and export control regimes;
(3) the President should continue to seek agreement with countries
that are considered to be significant proliferators, to adhere to the
provisions and guidelines of existing multilateral nonproliferation
and export control regimes as responsible members of the world
community, and to strengthen their own national controls over
sensitive items and technologies;
(4) the President should fully and vigorously enforce current United
States nonproliferation and export control laws and regulations,
including the Arms Export Control Act, the Export Administration Act,
and the Iran Nonproliferation Act; and
(5) additional budgetary and other resources should be provided to the
United States intelligence agencies charged with detecting, assessing,
and reporting incidents of proliferation activity and technology
diversion, so that the agencies can focus greater attention and
resources on countries identified as key suppliers of sensitive
technologies. (b) Multilateral Control Regimes:
(1) Policy: It is the policy of the United States to seek multilateral
nonproliferation and export control arrangements that support the
national security objectives of the United States.
(2) Participation in existing regimes: Congress encourages the United
States to continue its active participation in existing multilateral
nonproliferation and export control regimes.
(3) Strengthening existing regimes: Congress urges the President to
strengthen existing multilateral nonproliferation and export control
regimes in order to confront countries and entities engaged in a
pattern or practice of proliferation, by--
(A) harmonizing national laws and regulations with regard to enforcing
the provisions and guidelines of existing multilateral
nonproliferation and export control regimes;
(B) harmonizing export license approval procedures and practices, and
eliminating the practice of undercutting;
(C) periodically reviewing and updating multilateral regime
nonproliferation and export control lists with other members of the
multilateral regime, taking into account first and foremost, national
security concerns; and
(D) encouraging countries that are not members of existing
multilateral nonproliferation and export control regimes to strengthen
their national export control regimes, improve enforcement, and adhere
to the provisions and guidelines of existing regimes, and not to
undermine existing multilateral nonproliferation and export control
regimes by transferring or exporting controlled items in a manner
inconsistent with the guidelines of the regimes.
(4) Participation in new regimes: It is the policy of the United
States to participate in additional multilateral export control
regimes if such participation would serve the national security
interests of the United States.
(5) Enhanced cooperation with regime nonmembers: Congress urges the
President to seek agreement among the members of existing multilateral
nonproliferation and export control regimes to--
(A) seek the membership of nonmember countries, as practicable, if
doing so will strengthen existing regimes;
(B) seek cooperation with governments outside the regime to abide by
the provisions and guidelines established by those regimes; and
(C) establish mechanisms in the regime to coordinate planning and
implementation of nonproliferation and export control measures related
to such cooperation.
(6) Enforcement of international norms and practices: Congress
encourages the President to seek agreement among the members of
existing multilateral nonproliferation and export control regimes to--
(A) pursue measures and sanctions on a multilateral basis with respect
to countries or persons found in violation of existing multilateral
nonproliferation and export control regimes, and international norms;
and
(B) prevent undercutting by foreign firms when the United States takes
unilateral action against countries or entities found to be in
violation of existing international agreements or United States law
whether or not other members of the regimes choose to take action
against those violators.
SEC. XX11. ARMS EXPORT CONTROL ACT. Nothing in this Act shall be
construed to alter or modify the Arms Export Control Act.
(Distributed by the Office of International Information Programs, U.S.
Department of State. Web site: http://usinfo.state.gov)
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