Page:United States Statutes at Large Volume 114 Part 1.djvu/76

 114 STAT. 40 PUBLIC LAW 106-178—MAR. 14, 2000 (d) PUBLICATION IN FEDERAL REGISTER.— The application of measures to a foreign person pursuant to subsection (a) shall be announced by notice published in the Federal Register. SEC. 4. PROCEDURES IF MEASURES ARE NOT APPLIED. (a) REQUIREMENT TO NOTIFY CONGRESS. —Should the President not exercise the authority of section 3(a) to apply any or all of the measures described in section 3(b) with respect to a foreign person identified in a report submitted pursuant to section 2(a), he shall so notify the Committee on International Relations of the House of Representatives and the Committee on Foreign Relations of the Senate no later than the effective date under section 3(c) for measures with respect to that person. (b) WRITTEN JUSTIFICATION. — Any notification submitted by the President under subsection (a) shall include a written justification describing in detail the facts and circumstances relating specifically to the foreign person identified in a report submitted pursuant to section 2(a) that support the President's decision not to exercise the authority of section 3(a) with respect to that person. (c) SUBMISSION IN CLASSIFIED FORM.— When the President considers it appropriate, the notification of the President under subsection (a), and the written justification under subsection (b), or appropriate parts thereof, may be submitted in classified form. SEC. 5. DETERMINATION EXEMPTING FOREIGN PERSON FROM SEC- TIONS 3 AND 4. (a) IN GENERAL.— Sections 3 and 4 shall not apply to a foreign person 15 days after the President reports to the Committee on International Relations of the House of Representatives and the Committee on Foreign Relations of the Senate that the President has determined, on the basis of information provided by that person, or otherwise obtained by the President, that— (1) the person did not, on or after January 1, 1999, knowingly transfer to Iran the goods, services, or technology the apparent transfer of which caused that person to be identified in a report submitted pursuant to section 2(a); (2) the goods, services, or technology the transfer of which caused that person to be identified in a report submitted pursuant to section 2(a) did not materially contribute to Iran's efforts to develop nuclear, biological, or chemical weapons, or ballistic or cruise missile systems; (3) the person is subject to the primary jurisdiction of a government that is an adherent to one or more relevant nonproliferation regimes, the person was identified in a report submitted pursuant to section 2(a) with respect to a transfer of goods, services, or technology described in section 2(a)(1), and such transfer was made consistent with the guidelines and parameters of all such relevant regimes of which such government is an adherent; or (4) the government with primary jurisdiction over the person has imposed meaningful penalties on that person on account of the transfer of the goods, services, or technology which caused that person to be identified in a report submitted pursuant to section 2(a). (b) OPPORTUNITY TO PROVIDE INFORMATION.— Congress urges the President—

�