(<-Previous: Public Law 106-215)
[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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