Sec. 1259L. Measures against persons involved in activities that violate arms control treaties or agreements with the United States
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Except as provided in subsection (c), on and after the date that is 90 days after the date of the enactment of this Act, the President shall impose the measures described in subsection
(b)with respect to— a person the President determines— is an individual who is a citizen, national, or permanent resident of a country described in paragraph (2); or is an entity organized under the laws of a country described in paragraph (2); and has engaged in any activity that contributed to or is a significant factor in the President’s or the Secretary of State’s determination that such country is not in full compliance with its obligations as further described in paragraph (2); and a person the President determines has provided material support to a person described in subparagraph (A). A country described in this paragraph is a country that the President or the Secretary of State has determined, in the most recent annual report submitted to Congress pursuant to section 403 of the Arms Control and Disarmament Act ( 22 U.S.C. 2593a ), is not in full compliance with its obligations undertaken in all arms control, nonproliferation, and disarmament agreements or commitments to which the United States is a participating state. The measures to be imposed with respect to a person under subsection
(a)are the head of any executive agency (as defined in section 133 of title 41, United States Code) may not enter into, renew, or extend a contract for the procurement of goods or services with the person. The requirement to impose measures under paragraph
(1)shall not apply with respect to any contract for the procurement of goods or services along a major route of supply to a zone of active combat or major contingency operation. Not later than 90 days after the date of the enactment of this Act, the Federal Acquisition Regulation, the Defense Federal Acquisition Regulation Supplement, and the Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards shall be revised to implement paragraph (1)(B). The revisions to the Federal Acquisition Regulation under subparagraph
(A)shall include a requirement for a certification from each person that is a prospective contractor that the person, and any person owned or controlled by the person, does not engage in any activity described in subsection (a)(1)(A)(ii). If the head of an executive agency determines that a person has submitted a false certification under subparagraph
(B)on or after the date on which the applicable revision of the Federal Acquisition Regulation required by this paragraph becomes effective— the head of that executive agency shall terminate a contract with such person or debar or suspend such person from eligibility for Federal contracts for a period of not less than 2 years; any such debarment or suspension shall be subject to the procedures that apply to debarment and suspension under the Federal Acquisition Regulation under subpart 9.4 of part 9 of title 48, Code of Federal Regulations; and the Administrator of General Services shall include on the List of Parties Excluded from Federal Procurement and Nonprocurement Programs maintained by the Administrator under part 9 of the Federal Acquisition Regulation each person that is debarred, suspended, or proposed for debarment or suspension by the head of an executive agency on the basis of a determination of a false certification under subparagraph (B). In this subsection, the term United States person means— a natural person who is a citizen or resident of the United States or a national of the United States (as defined in section 101(a) of the Immigration and Nationality Act ( 8 U.S.C. 1101(a) ); and an entity that is organized under the laws of the United States or any State. The President may waive the application of measures on a case-by-case basis under subsection
(a)with respect to a person if the President— determines that— in the case of a person described in subsection (a)(1)(A), the person did not knowingly engage in any activity described in such subsection; or in the case of a person described in subsection (a)(1)(B), the person conducted or facilitated a transaction or transactions with, or provided financial services to, a person described in subsection (a)(1)(A) that did not knowingly engage in any activity described in such subsection; and the waiver is in the national security interest of the United States; and submits to the appropriate congressional committees a report on the determination and the reasons for the determination. The report required by paragraph (1)(B) shall be submitted in unclassified form, but may include a classified annex. In this subsection, the term appropriate congressional committees means— the Committee on Armed Services, the Committee on Foreign Affairs, and the Permanent Select Committee on Intelligence of the House of Representatives; and the Committee on Armed Services, the Committee on Foreign Relations, and the Select Committee on Intelligence of the Senate. The measures imposed with respect to a person under subsection
(a)shall terminate on the date on which the President submits to Congress a subsequent annual report pursuant to section 403 of the Arms Control and Disarmament Act ( 22 U.S.C. 2593a ) that does not contain a determination of the President that the country described in subsection (a)(2) with respect to which the measures were imposed with respect to the person is a country that is not in full compliance with its obligations undertaken in all arms control, nonproliferation, and disarmament agreements or commitments to which the United States is a participating state.
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Sec. 1259L
Measures against persons involved in activities that violate arms control treaties or agreements with the United States
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