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[DOCID: f:publ387.106]

[[Page 114 STAT. 1549]]

*Public Law 106-387 (extracted)
 106th Congress


                              An Act
 
     Making appropriations for Agriculture, Rural Development, Food 
and Drug Administration, and Related Agencies programs for the fiscal year 
ending September 30, 2001, and for other purposes.<<NOTE: Oct. 28, 2000 - 
[H.R. 4461]>> 

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,
    Section 1. <<NOTE: Incorporation by reference.>>  (a) The provisions 
of H.R. 5426 of the 106th Congress, as introduced on October 6, 2000, 
are hereby enacted into law.

    (b) <<NOTE: Publication. 1 USC 112 note.>>  In publishing this Act 
in slip form and in the United States Statutes at Large pursuant to 
section 112 of title 1, United States Code, the Archivist of the United 
States shall include after the date of approval at the end an appendix 
setting forth the text of the bill referred to in subsection (a) of this 
section.

    Approved October 28, 2000.

(items omitted) TITLE IX--TRADE SANCTIONS REFORM AND EXPORT ENHANCEMENT

SEC. 901. SHORT TITLE.

    This title may be cited as the ``Trade Sanctions Reform and Export 
Enhancement Act of 2000''.

SEC. 902. DEFINITIONS.

    In this title:
            (1) Agricultural commodity.--The term ``agricultural 
        commodity'' has the meaning given the term in section 102 of the 
        Agricultural Trade Act of 1978 (7 U.S.C. 5602).
            (2) Agricultural program.--The term ``agricultural program'' 
        means--
                    (A) any program administered under the Agricultural 
                Trade Development and Assistance Act of 1954 (7 U.S.C. 
                1691 et seq.);
                    (B) any program administered under section 416 of 
                the Agricultural Act of 1949 (7 U.S.C. 1431);
                    (C) any program administered under the Agricultural 
                Trade Act of 1978 (7 U.S.C. 5601 et seq.);
                    (D) the dairy export incentive program administered 
                under section 153 of the Food Security Act of 1985 (15 
                U.S.C. 713a-14);
                    (E) any commercial export sale of agricultural 
                commodities; or
                    (F) any export financing (including credits or 
                credit guarantees) provided by the United States 
                Government for agricultural commodities.
            (3) Joint resolution.--The term ``joint resolution'' means--
                    (A) in the case of section 903(a)(1), only a joint 
                resolution introduced within 10 session days of Congress 
                after the date on which the report of the President 
                under section 903(a)(1) is received by Congress, the 
                matter after the resolving clause of which is as 
                follows: ``That Congress approves the report of the 
                President pursuant to section 903(a)(1) of the Trade 
                Sanctions Reform and Export Enhancement Act of 2000, 
                transmitted on ______________.'', with the blank 
                completed with the appropriate date; and
                    (B) in the case of section 906(1), only a joint 
                resolution introduced within 10 session days of Congress 
                after the date on which the report of the President 
                under section 906(2) is received by Congress, the matter 
                after the resolving clause of which is as follows: 
                ``That Congress approves the report of the President 
                pursuant to section 906(1) of the Trade Sanctions Reform 
                and Export Enhancement Act of 2000, transmitted on 
                ______________.'', with the blank completed with the 
                appropriate date.
            (4) Medical device.--The term ``medical device'' has the 
        meaning given the term ``device'' in section 201 of the Federal 
        Food, Drug, and Cosmetic Act (21 U.S.C. 321).
            (5) Medicine.--The term ``medicine'' has the meaning given 
        the term ``drug'' in section 201 of the Federal Food, Drug, and 
        Cosmetic Act (21 U.S.C. 321).
            (6) Unilateral agricultural sanction.--The term ``unilateral 
        agricultural sanction'' means any prohibition, restriction,

[[Page 114 STAT. 1549A-68]]

        or condition on carrying out an agricultural program with 
        respect to a foreign country or foreign entity that is imposed 
        by the United States for reasons of foreign policy or national 
        security, except in a case in which the United States imposes 
        the measure pursuant to--
                    (A) a multilateral regime and the other member 
                countries of that regime have agreed to impose 
                substantially equivalent measures; or
                    (B) a mandatory decision of the United Nations 
                Security Council.
            (7) Unilateral medical sanction.--The term ``unilateral 
        medical sanction'' means any prohibition, restriction, or 
        condition on exports of, or the provision of assistance 
        consisting of, medicine or a medical device with respect to a 
        foreign country or foreign entity that is imposed by the United 
        States for reasons of foreign policy or national security, 
        except in a case in which the United States imposes the measure 
        pursuant to--
                    (A) a multilateral regime and the other member 
                countries of that regime have agreed to impose 
                substantially equivalent measures; or
                    (B) a mandatory decision of the United Nations 
                Security Council.

SEC. 903. RESTRICTION.

    (a) New Sanctions.--Except as provided in sections 904 and 905 and 
notwithstanding any other provision of law, the President may not impose 
a unilateral agricultural sanction or unilateral medical sanction 
against a foreign country or foreign entity, unless--
            (1) not later than 60 days before the sanction is proposed 
        to be imposed, the President submits a report to Congress that--
                    (A) describes the activity proposed to be 
                prohibited, restricted, or conditioned; and
                    (B) describes the actions by the foreign country or 
                foreign entity that justify the sanction; and
            (2) there is enacted into law a joint resolution stating the 
        approval of Congress for the report submitted under paragraph 
        (1).

    (b) Existing Sanctions.--The President shall terminate any 
unilateral agricultural sanction or unilateral medical sanction that is 
in effect as of the date of enactment of this Act.

(<-- Previous Changes)
SEC. 904 . EXCEPTIONS. Has Changes Section 903 shall not affect any authority or requirement to impose (or continue to impose) a sanction referred to in section 903-- (1) against a foreign country or foreign entity-- (A) pursuant to a declaration of war against the country or entity; (B) pursuant to specific statutory authorization for the use of the Armed Forces of the United States against the country or entity; (C) against which the Armed Forces of the United States are involved in hostilities; or [[Page 114 STAT. 1549A-69]] (D) where imminent involvement by the Armed Forces of the United States in hostilities against the country or entity is clearly indicated by the circumstances; or (2) to the extent that the sanction would prohibit, restrict, or condition the provision or use of any agricultural commodity, medicine, or medical device that is-- (A) controlled on the United States Munitions List established under section 38 of the Arms Export Control Act (22 U.S.C. 2778); (B) controlled on any control list established under the Export Administration Act of 1979 or any successor statute (50 U.S.C. App. 2401 et seq.); or (C) used to facilitate the development or production of a chemical or biological weapon or weapon of mass destruction. (C)used to facilitate the design, development, or production of chemical or biological weapons, missiles, or weapons of mass destruction. Note: This change is NOT sunsetted on December 31, 2005-- Patriot I, Sec. 224 SEC. 905. TERMINATION OF SANCTIONS.     Any unilateral agricultural sanction or unilateral medical sanction that is imposed pursuant to the procedures described in section 903(a) shall terminate not later than 2 years after the date on which the sanction became effective unless--             (1) not later than 60 days before the date of termination of         the sanction, the President submits to Congress a report         containing--                     (A) the recommendation of the President for the                 continuation of the sanction for an additional period of                 not to exceed 2 years; and                     (B) the request of the President for approval by                 Congress of the recommendation; and             (2) there is enacted into law a joint resolution stating the         approval of Congress for the report submitted under paragraph         (1). SEC. 906. STATE SPONSORS OF INTERNATIONAL TERRORISM. Has Changes     (a) Requirement.--             (1) In general.--Notwithstanding any other provision of this         title (other than section 904), the export of agricultural         commodities, medicine, or medical devices to Cuba, the Taliban         or the territory of Afghanistan controlled by the Taliban, or to the         government of a country that has been determined by the         Secretary of State to have repeatedly provided support for acts         of international terrorism under section 620A of the Foreign         Assistance Act of 1961 (22 U.S.C. 2371), section 6( j)(1) of the         Export Administration Act of 1979 (50 U.S.C. App. 2405( j)(1)),         or section 40(d) of the Arms Export Control Act (22 U.S.C.         2780(d)), or to any other entity in such a country, shall only         be made pursuant to 1-year licenses issued by the United States         Government for contracts entered into during the 1-year period         of the license and shipped within the 12-month period beginning         on the date of the signing of the contract, except that the         requirements of such 1-year licenses shall be no more         restrictive than license exceptions administered by the         Department of Commerce or general licenses administered by the         Department of the Treasury, except that procedures shall be in         place to deny licenses for exports to any entity within such         country, or in the territory of Afghanistan controlled by the Taliban,         promoting international terrorism.             (2) Exception.--Paragraph (1) shall not apply with respect         to the export of agricultural commodities, medicine, or medical [[Page 114 STAT. 1549A-70]]         devices to the Government of Syria or to the Government of North         Korea, or to any other entity in Syria or North Korea.         Note: The change in this section (906(a)) is NOT sunsetted on December 31, 2005--         Patriot I, Sec. 224 (Next Changes->)     (b) Quarterly Reports.--The applicable department or agency of the Federal Government shall submit to the appropriate congressional committees on a quarterly basis a report on any activities undertaken under subsection (a)(1) during the preceding calendar quarter.     (c) Biennial Reports.--Not later than 2 years after the date of enactment of this Act, and every 2 years thereafter, the applicable department or agency of the Federal Government shall submit a report to the appropriate congressional committees on the operation of the licensing system under this section for the preceding 2-year period, including--             (1) the number and types of licenses applied for;             (2) the number and types of licenses approved;             (3) the average amount of time elapsed from the date of         filing of a license application until the date of its approval;             (4) the extent to which the licensing procedures were         effectively implemented; and             (5) a description of comments received from interested         parties about the extent to which the licensing procedures were         effective, after the applicable department or agency holds a         public 30-day comment period. SEC. 907. CONGRESSIONAL PROCEDURES.     (a) Referral of Report.--A report described in section 903(a)(1) or 905(1) shall be referred to the appropriate committee or committees of the House of Representatives and to the appropriate committee or committees of the Senate.     (b) Referral of Joint Resolution.--             (1) In general.--A joint resolution introduced in the Senate         shall be referred to the Committee on Foreign Relations, and a         joint resolution introduced in the House of Representatives         shall be referred to the Committee on International Relations.             (2) Reporting date.--A joint resolution referred to in         paragraph (1) may not be reported before the eighth session day         of Congress after the introduction of the joint resolution. SEC. 908. PROHIBITION ON UNITED STATES ASSISTANCE AND FINANCING.     (a) Prohibition on United States Assistance.--             (1) In general.--Notwithstanding any other provision of law,         no United States Government assistance, including United States         foreign assistance, United States export assistance, and any         United States credit or guarantees shall be available for         exports to Cuba or for commercial exports to Iran, Libya, North         Korea, or Sudan.             (2) Rule of construction.--Nothing in paragraph (1) shall be         construed to alter, modify, or otherwise affect the provisions         of section 109 of the Cuban Liberty and Democratic Solidarity         (LIBERTAD) Act of 1996 (22 U.S.C. 6039) or any other provision         of law relating to Cuba in effect on the day before the date of         the enactment of this Act.             (3) Waiver.--The President may waive the application of         paragraph (1) with respect to Iran, Libya, North Korea, and         Sudan to the degree the President determines that it is in [[Page 114 STAT. 1549A-71]]         the national security interest of the United States to do so, or         for humanitarian reasons.     (b) Prohibition on Financing of Agricultural Sales to Cuba.--             (1) In general.--No United States person may provide payment         or financing terms for sales of agricultural commodities or         products to Cuba or any person in Cuba, except in accordance         with the following terms (notwithstanding part 515 of title 31,         Code of Federal Regulations, or any other provision of law):                     (A) Payment of cash in advance.                     (B) Financing by third country financial                 institutions (excluding United States persons or                 Government of Cuba entities), except that such financing                 may be confirmed or advised by a United States financial                 institution.         Nothing in this paragraph authorizes payment terms or trade         financing involving a debit or credit to an account of a person         located in Cuba or of the Government of Cuba maintained on the         books of a United States depository institution.             (2) Penalties.--Any private person or entity that violates         paragraph (1) shall be subject to the penalties provided in the         Trading With the Enemy Act for violations under that Act.             (3) Administration and enforcement.--The President shall         issue such regulations as are necessary to carry out this         section, except that the President, in lieu of issuing new         regulations, may apply any regulations in effect on the date of         the enactment of this Act, pursuant to the Trading With the         Enemy Act, with respect to the conduct prohibited in paragraph         (1).             (4) Definitions.--In this subsection--                     (A) the term ``financing'' includes any loan or                 extension of credit;                     (B) the term ``United States depository                 institution'' means any entity (including its foreign                 branches or subsidiaries) organized under the laws of                 any jurisdiction within the United States, or any                 agency, office or branch located in the United States of                 a foreign entity, that is engaged primarily in the                 business of banking (including a bank, savings bank,                 savings association, credit union, trust company, or                 United States bank holding company); and                     (C) the term ``United States person'' means the                 Federal Government, any State or local government, or                 any private person or entity of the United States. SEC. 909. PROHIBITION ON ADDITIONAL IMPORTS FROM CUBA.     Nothing in this title shall be construed to alter, modify, or otherwise affect the provisions of section 515.204 of title 31, Code of Federal Regulations, relating to the prohibition on the entry into the United States of merchandise that: (1) is of Cuban origin; (2) is or has been located in or transported from or through Cuba; or (3) is made or derived in whole or in part of any article which is the growth, produce, or manufacture of Cuba. SEC. 910. REQUIREMENTS RELATING TO CERTAIN TRAVEL-RELATED TRANSACTIONS             WITH CUBA.     (a) Authorization of Travel Relating to Commercial Sale of Agricultural Commodities.--The Secretary of the Treasury [[Page 114 STAT. 1549A-72]] shall promulgate regulations under which the travel-related transactions listed in subsection (c) of section 515.560 of title 31, Code of Federal Regulations, may be authorized on a case-by-case basis by a specific license for travel to, from, or within Cuba for the commercial export sale of agricultural commodities pursuant to the provisions of this title.     (b) Prohibition on Travel Relating to Tourist Activities.--             (1) In general.--Notwithstanding any other provision of law         or regulation, the Secretary of the Treasury, or any other         Federal official, may not authorize the travel-related         transactions listed in subsection (c) of section 515.560 of         title 31, Code of Federal Regulations, either by a general         license or on a case-by-case basis by a specific license for         travel to, from, or within Cuba for tourist activities.             (2) Definition.--In this subsection, the term ``tourist         activities'' means any activity with respect to travel to, from,         or within Cuba that is not expressly authorized in subsection         (a) of this section, in any of paragraphs (1) through (12) of         section 515.560 of title 31, Code of Federal Regulations, or in         any section referred to in any of such paragraphs (1) through         (12) (as such sections were in effect on June 1, 2000). SEC. 911. EFFECTIVE DATE.     (a) In General.--Except as provided in subsection (b), this title shall take effect on the date of enactment of this Act, and shall apply thereafter in any fiscal year.     (b) Existing Sanctions.--In the case of any unilateral agricultural sanction or unilateral medical sanction that is in effect as of the date of enactment of this Act, this title shall take effect 120 days after the date of enactment of this Act, and shall apply thereafter in any fiscal year.
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