Page:United States Statutes at Large Volume 124.djvu/1373

 124 STAT. 1347 PUBLIC LAW 111–195—JULY 1, 2010 (C) are— (i) items on the Commerce Control List or services related to those items; or (ii) defense articles or defense services on the United States Munitions List; or (2) that are prohibited for export to Iran under a resolution of the United Nations Security Council. (c) UPDATES.—The Director of National Intelligence shall update the report required by subsection (a)— (1) as new information becomes available; and (2) not less frequently than annually. (d) FORM.—The report required by subsection (a) and the updates required by subsection (c) may be submitted in classified form. SEC. 303. DESTINATIONS OF DIVERSION CONCERN. (a) DESIGNATION.— (1) IN GENERAL.—The President shall designate a country as a Destination of Diversion Concern if the President deter- mines that the government of the country allows substantial diversion of goods, services, or technologies described in section 302(b) through the country to Iranian end-users or Iranian intermediaries. (2) DETERMINATION OF SUBSTANTIAL.—For purposes of para- graph (1), the President shall determine whether the govern- ment of a country allows substantial diversion of goods, serv- ices, or technologies described in section 302(b) through the country to Iranian end-users or Iranian intermediaries based on criteria that include— (A) the volume of such goods, services, and technologies that are diverted through the country to such end-users or intermediaries; (B) the inadequacy of the export controls of the country; (C) the unwillingness or demonstrated inability of the government of the country to control the diversion of such goods, services, and technologies to such end-users or inter- mediaries; and (D) the unwillingness or inability of the government of the country to cooperate with the United States in efforts to interdict the diversion of such goods, services, or tech- nologies to such end-users or intermediaries. (b) REPORT ON DESIGNATION.—Upon designating a country as a Destination of Diversion Concern under subsection (a), the Presi- dent shall submit to the appropriate congressional committees a report— (1) notifying those committees of the designation of the country; and (2) containing a list of the goods, services, and technologies described in section 302(b) that the President determines are diverted through the country to Iranian end-users or Iranian intermediaries. (c) LICENSING REQUIREMENT.—Not later than 45 days after submitting a report required by subsection (b) with respect to a country designated as a Destination of Diversion Concern under subsection (a), the President shall require a license under the Export Administration Regulations or the International Traffic in Arms Regulations (whichever is applicable) to export to that country Deadline. President. 22 USC 8543.