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Calendar No. 583
106th CONGRESS
2d Session
S. 2645
To provide for the application of certain measures to the People's
Republic of China in response to the illegal sale, transfer, or misuse
of certain controlled goods, services, or technology, and for other
purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
May 25, 2000
Mr. Thompson (for himself, Mr. Torricelli, Ms. Collins, Mr. Kyl, Mr.
Inhofe, Mr. Santorum, Mr. DeWine, and Mr. Specter) introduced the
following bill; which was read the first time
June 6, 2000
Read the second time and placed on the calendar
_______________________________________________________________________
A BILL
To provide for the application of certain measures to the People's
Republic of China in response to the illegal sale, transfer, or misuse
of certain controlled goods, services, or technology, and for other
purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``China Nonproliferation Act''.
SEC. 2. DEFINITIONS.
In this Act:
(1) Advanced conventional weapons.--The term ``advanced
conventional weapons'' includes--
(A) long-range precision-guided munitions, fuel air
explosives, cruise missiles, low observability aircraft
or vessels, other radar evading aircraft or vessels,
advanced military aircraft, military satellites,
electromagnetic weapons, and laser weapons;
(B) advanced command, control, and communications
systems, electronic warfare systems, and intelligence
collection systems; and
(C) such other items or systems as the President
may, by regulation, determine necessary for purposes of
this title.
(2) Goods and technology.--The terms ``goods'' and
``technology'' mean--
(A) any article, natural or manmade substance,
material, supply, or manufactured product, including
inspection and test equipment; and
(B) any information and know-how (whether in
tangible form, such as models, prototypes, drawings,
sketches, diagrams, blueprints, or manuals, or in
intangible form, such as training or technical
services) that can be used to design, produce,
manufacture, utilize, improve the performance of or
reconstruct goods, including computer software and
technical data.
(3) Person.--The term ``person'' means--
(A) any United States or People's Republic of China
individual, partnership, corporation, or other form of
association, or any of their successor entities,
parents, or subsidiaries;
(B) any other nongovernmental entity, organization,
or group, that is organized under the laws of the
United States or the People's Republic of China or has
its principal place of business in the United States or
the People's Republic of China;
(C) any governmental entity of the People's
Republic of China operating as a business enterprise;
and
(D) any successor, subunit, or subsidiary of any
entity described in subparagraphs (A) through (C).
(4) Proliferation activity.--The term ``proliferation
activity'' means the activity described in section 3(a)(1).
(5) State-owned enterprise of the people's republic of
china.--
(A) In general.--The term ``state-owned enterprise
of the People's Republic of China'' means a person who
is affiliated with or wholly owned, controlled, or
subsidized by the Government of the People's Republic
of China or the People's Liberation Army and whose
means of production, products, and revenues are owned
or controlled by a central or provincial government
authority. A person shall be considered to be state-
owned if--
(i) the person's assets are primarily owned
by a central or provincial government
authority;
(ii) a substantial proportion of the
person's profits are required to be submitted
to a central or provincial government
authority;
(iii) the person's production, purchases of
inputs, and sales of output, in whole or in
part, are subject to state, sectoral, or
regional plans; or
(iv) a license issued by a government
authority classifies the person as state-owned.
(B) Exception.--Any person that--
(i) is a qualified foreign joint venture or
is licensed by a governmental authority as a
collective, cooperative, or private enterprise;
or
(ii) is wholly owned by a foreign person,
shall not be considered to be state-owned.
(C) Qualified foreign joint venture.--The term
``qualified foreign joint venture'' means any person--
(i) which is registered and licensed in the
agency or department of the Government of the
People's Republic of China concerned with
foreign economic relations and trade as an
equity, cooperative, contractual joint venture,
or joint stock company with foreign investment;
(ii) in which the foreign investor partner
and a person of the People's Republic of China
share profits and losses and jointly manage the
venture;
(iii) in which the foreign investor partner
holds or controls at least 25 percent of the
investment and the foreign investor partner is
not substantially owned or controlled by a
state-owned enterprise of the People's Republic of China;
(iv) in which the foreign investor partner
is not a person of a country the government of
which the Secretary of State has determined
under section 6(j) of the Export Administration
Act of 1979 (50 U.S.C. App. 2405(j)) to have
repeatedly provided support for acts of
international terrorism; and
(v) which does not use state-owned
enterprises of the People's Republic of China
to export its goods or services.
(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;
(C) financing by the Commodity Credit Corporation
for export sales of agricultural commodities; and
(D) financing under the Export-Import Bank Act.
SEC. 3. REPORTS ON PROLIFERATION BY PEOPLE'S REPUBLIC OF CHINA.
(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 with
respect to whom there is credible information indicating that
that person, on or after January 1, 2000, transferred,
retransferred, sold, misused, or diverted from, or within, the
People's Republic of China to a foreign person or national of
the People's Republic of China involved in the development or
acquisition of nuclear, chemical, or biological weapons or
ballistic or cruise missiles--
(A) goods, services, or technology 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 lists of items and substances
relating to biological and chemical weapons the
export of which is controlled by the Australia
Group;
(iv) 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; or
(v) the Wassenaar Arrangement list of Dual
Use Goods and Technologies and Munitions list
of July 12, 1996, and subsequent revisions; or
(B) goods, services, or technology not listed on
any list identified in subparagraph (A) but which
nevertheless would be, if the goods, services, or
technology were United States goods, services, or
technology, prohibited or controlled for export to the
People's Republic of China, or any tier IV countries as
defined by the Bureau of Export Administration of the
Department of Commerce, and that have the potential to
make a contribution to the development, improvement, or
production of nuclear, biological, or chemical weapons,
or of ballistic or cruise missile systems, or advanced
conventional weapons or munitions.
(2) Action by persons identified.--The President shall
include in the report 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 Act.
(3) Action by president.--The President shall include in
the report information on actions taken by the President under
sections 4 and 5, 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 7. If the President fails to exercise the
authority under sections 4 and 5, or if the President makes a
determination under section 7, 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
nonproliferation treaties, agreements, arrangements, or
commitments (verbal, written, or otherwise) by the
People's Republic of China, including the Missile
Technology Control Regime and the annexes to that
Regime;
(B) noncompliance with United States export control
laws, Executive orders, regulations, or export license
conditions by the People's Republic of China;
(C) the performance of the Department of Commerce
in licensing, regulating, and controlling the export of
dual-use technology to the People's Republic of China,
including the number and type of post-shipment
verifications conducted and enforcement actions taken;
(D) the threats to the security interests of the
United States, or the security interests of its allies
resulting from--
(i) proliferation activities on the part of
the People's Republic of China or persons
identified in reports submitted under this
section;
(ii) the transfer or sale to the Government
of, or persons within the People's Republic of
China of dual-use technologies and goods listed
on the Commerce Control List;
(iii) the misuse or diversion by the
People's Republic of China of dual-use
technology; and
(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, or advanced conventional weapons
or munitions; and
(E) transfers to persons of the People's Republic
of China of technology under arms control and
nonproliferation agreements and opportunities for the
People's Republic of China to engage in proliferation
activities under agreements such as Nuclear
Nonproliferation Treaty, Chemical Weapons Convention,
Comprehensive Test Ban Treaty, and Biological Weapons
Convention.
(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) Exceptions.--Any person who--
(1) has engaged in the transfer, sale, or misuse of any
goods, services, or technology on behalf of, or in concert
with, the Government of the United States; or
(2) has transferred, retransferred, or sold such goods,
services, or technology in a manner fully consistent with all
applicable international nonproliferation treaties, agreements,
and commitments with respect to which the People's Republic of
China is a party,
is not required to be identified on account of that transfer in any
report submitted under this section, except to the degree that credible
information indicates that the particular transfer, sale, or misuse may
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