Sec. 4. Determination exempting a foreign person from the imposition of certain sanctions
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/bill/113/hr/893/ih/section-4·A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
The imposition of any sanction described in section 3(c) to a foreign person described in subsection
(a)or
(b)of section 3 shall cease to be effective beginning 30 days after the date on which the President determines and certifies to the appropriate congressional committees that— in the case of a transfer or acquisition of goods, services, or technology described in section 3(a)(1)— such person did not, on or after September 1, 2007, knowingly transfer to or acquire from Iran, North Korea, or Syria, as the case may be, such goods, services, or technology the apparent transfer of which caused such person to be subject to sanctions under section 3; such transfer did not contribute to the efforts of Iran, North Korea, or Syria, as the case may be, to develop— nuclear, biological, or chemical weapons, or ballistic or cruise missile systems, or weapons listed on the Wassenaar Arrangement Munitions List of July 12, 1996, or any subsequent revision of such List; or destabilizing types or amounts of conventional weapons or acquire technical assistance; such person is subject to the primary jurisdiction of a government that is an adherent to one or more relevant nonproliferation regimes or that has a sanctions regime under its governing foreign law concerning Iran, North Korea, or Syria, and such transfer was made in accordance with the guidelines and parameters of all such relevant nonproliferation or sanctions regimes; or the government with primary jurisdiction over such person has imposed meaningful penalties on such person on account of the transfer of such goods, services, or technology that caused such person to be subject to sanctions under section 3; in the case of an acquisition of materials mined or otherwise extracted within the territory of Iran, North Korea, or Syria, as the case may be, described in section 3(a)(2) for purposes relating to the nuclear, biological, or chemical weapons, or ballistic or cruise missile development programs of Iran, North Korea, or Syria, as the case may be, such person did not acquire such materials; or in the case of the provision of a vessel, insurance or reinsurance, or another shipping service for the transportation of goods to or from Iran, North Korea, or Syria, as the case may be, described in section 3(a)(3) for purposes relating to the nuclear, biological, or chemical weapons, or ballistic or cruise missile development programs of Iran, North Korea, or Syria, as the case may be, such person did not provide such a vessel or service. Congress urges the President— in every appropriate case, to contact in a timely fashion each person described in subsection
(a)or
(b)of section 3, or the government with primary jurisdiction over such person, in order to afford such person, or such government, the opportunity to provide explanatory, exculpatory, or other additional information with respect to the transfer that caused such person to be subject to sanctions under section 3; and to exercise the authority described in subsection
(a)in all cases in which information obtained from each person described in subsection
(a)or
(b)of section 3, or from the government with primary jurisdiction over such person, establishes that the exercise of such authority is warranted. Except as provided in paragraph (2), the determination and report of the President under subsection
(a)shall be transmitted in unclassified form. The determination and report of the President under subsection
(a)may be transmitted in classified form if the President certifies to the appropriate congressional committees that it is vital to the national security interests of the United States to do so.