International Information Programs


Washington File

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--

      (A) any individual, or partnership, corporation, business association, society, trust, organization, or any other group created or organized under the laws of a country; and

      (B) any governmental entity.

    (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--

      (A) the committee shall be deemed to be discharged from further consideration of the joint resolution; and

      (B) the joint resolution shall be placed on the appropriate calendar of that House.

    (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--

        (i) the procedure in that House shall be the same as if no joint resolution had been received from the other House; but

        (ii) the vote on final passage shall be on the joint resolution of the other House.

    (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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