Section 902 of the Foreign Relations Authorization Act, Fiscal Years 1990 and 1991 (P.L. 101-246)
Major Law
Additional Laws and Regulations
Short Summary
The following text was retrieved from the Library of Congress' Thomas Web site on May 21, 2009.
H.R.3792 Foreign Relations Authorization Act, Fiscal Years 1990 and 1991 (Enrolled as Agreed to or Passed by Both House and Senate) SEC. 902. SUSPENSION OF CERTAIN PROGRAMS AND ACTIVITIES. (a) Suspensions- (1) OVERSEAS PRIVATE INVESTMENT CORPORATION- The Overseas Private Investment Corporation shall continue to suspend the issuance of any new insurance, reinsurance, guarantees, financing, or other financial support with respect to the People's Republic of China, unless the President makes a report under subsection (b) (1) or (2) of this section. (2) TRADE AND DEVELOPMENT PROGRAM- The President shall suspend the obligation of funds under the Foreign Assistance Act of 1961 for any new activities of the Trade and Development Program with respect to the People's Republic of China, unless the President makes a report under subsection (b) (1) or (2) of this section. (3) MUNITIONS EXPORT LICENSES- (A) The issuance of licenses under section 38 of the Arms Export Control Act for the export to the People's Republic of China of any defense article on the United States Munitions List, including helicopters and helicopter parts, shall continue to be suspended, subject to subparagraph (B), unless the President makes a report under subsection (b) (1) or (2) of this section. (B) The suspension set forth in subparagraph (A) shall not apply to systems and components designed specifically for inclusion in civil products and controlled as defense articles only for purposes of export to a controlled country, unless the President determines that the intended recipient of such items is the military or security forces of the People's Republic of China. (4) CRIME CONTROL AND DETECTION INSTRUMENTS AND EQUIPMENT- The issuance of any license under section 6(k) of the Export Administration Act of 1979 for the export to the People's Republic of China of any crime control or detection instruments or equipment shall be suspended, unless the President makes a report under subsection (b) (1) or (2) of this section. (5) EXPORT OF SATELLITES FOR LAUNCH BY THE PEOPLE'S REPUBLIC OF CHINA- Exports of any satellite of United States origin that is intended for launch from a launch vehicle owned by the People's Republic of China shall remain suspended, unless the President makes a report under subsection (b) (1) or (2) of this section. (6) NUCLEAR COOPERATION WITH THE PEOPLE'S REPUBLIC OF CHINA- (A) Any-- (i) application for a license under the Export Administration Act of 1979 for the export to the People's Republic of China for use in a nuclear production or utilization facility of any goods or technology which, as determined under section 309(c) of the Nuclear Non-Proliferation Act of 1978, could be of significance for nuclear explosive purposes, or which, in the judgment of the President, is likely to be diverted for use in such a facility, for any nuclear explosive device, or for research on or development of any nuclear explosive device, shall be suspended, (ii) application for a license for the export to the People's Republic of China of any nuclear material, facilities, or components subject to the Agreement shall be suspended, (iii) approval for the transfer or retransfer to the People's Republic of China of any nuclear material, facilities, or components subject to the Agreement shall not be given, and (iv) specific authorization for assistance in any activities with respect to the People's Republic of China relating to the use of nuclear energy under section 57b.(2) of the Atomic Energy Act of 1954 shall not be given, until the conditions specified in subparagraph (B) are met. (B) Subparagraph (A) applies until-- (i) the President certifies to the Congress that the People's Republic of China has provided clear and unequivocal assurances to the United States that it is not assisting and will not assist any nonnuclear-weapon state, either directly or indirectly, in acquiring nuclear explosive devices or the materials and components for such devices; (ii) the President makes the certifications and submits the report required by Public Law 99-183; and (iii) the President makes a report under subsection (b) (1) or (2) of this section. (C) For purposes of this paragraph, the term `Agreement' means the Agreement for Cooperation Between the Government of the United States of America and the Government of the People's Republic of China Concerning Peaceful Uses of Nuclear Energy (done on July 23, 1985). (7) LIBERALIZATION OF EXPORT CONTROLS- (A) The President shall negotiate with the governments participating in the group known as the Coordinating Committee (COCOM) to suspend, on a multilateral basis, any liberalization by the Coordinating Committee of controls on exports of goods and technology to the People's Republic of China under section 5 of the Export Administration Act of 1979, including-- (i) the implementation of bulk licenses for exports to the People's Republic of China; and (ii) the raising of the performance levels of goods or technology below which no authority or permission to export to the People's Republic of China would be required. (B) The President shall oppose any liberalization by the Coordinating Committee of controls which is described in subparagraph (A)(ii), until the end of the 6-month period beginning on the date of enactment of this Act or until the President makes a report under subsection (b) (1) or (2) of this section, whichever occurs first. (b) TERMINATION OF SUSPENSIONS- A report referred to in subsection (a) is a report by the President to the Congress either-- (1) that the Government of the People's Republic of China has made progress on a program of political reform throughout the country, including Tibet, which includes-- (A) lifting of martial law; (B) halting of executions and other reprisals against individuals for the nonviolent expression of their political beliefs; (C) release of political prisoners; (D) increased respect for internationally recognized human rights, including freedom of expression, the press, assembly, and association; and (E) permitting a freer flow of information, including an end to the jamming of Voice of America and greater access for foreign journalists; or (2) that it is in the national interest of the United States to terminate a suspension under subsection (a) (1), (2), (3), (4), or (5), to terminate a suspension or disapproval under subsection (a)(6), or to terminate the opposition required by subsection (a)(7), as the case may be. (c) REPORTING REQUIREMENT- Sixty days after the date of enactment of this Act, the President shall submit to the Congress a report on-- (1) any steps taken by the Government of China to achieve the objectives described in subsection (b)(1); (2) the effect of multilateral sanctions on political and economic developments in China and on China's international economic relations; (3) the impact of the President's actions described in section 901(a)(9) and of the suspensions under subsection (a) of this section on-- (A) political and economic developments in China; (B) the standard of living of the Chinese people; (C) relations between the United States and China; and (D) the actions taken by China to promote a settlement in Cambodia which will ensure Cambodian independence, facilitate an act of self-determination by the Cambodian people, and prevent the Khmer Rouge from returning to exclusive power; (4) the status of programs and activities suspended under subsection (a); and (5) the additional measures taken by the President under section 901(c) if repression in China deepens.
H.R.3792 Foreign Relations Authorization Act, Fiscal Years 1990 and 1991 (Enrolled as Agreed to or Passed by Both House and Senate) SEC. 902. SUSPENSION OF CERTAIN PROGRAMS AND ACTIVITIES. (a) Suspensions- (1) OVERSEAS PRIVATE INVESTMENT CORPORATION- The Overseas Private Investment Corporation shall continue to suspend the issuance of any new insurance, reinsurance, guarantees, financing, or other financial support with respect to the People's Republic of China, unless the President makes a report under subsection (b) (1) or (2) of this section. (2) TRADE AND DEVELOPMENT PROGRAM- The President shall suspend the obligation of funds under the Foreign Assistance Act of 1961 for any new activities of the Trade and Development Program with respect to the People's Republic of China, unless the President makes a report under subsection (b) (1) or (2) of this section. (3) MUNITIONS EXPORT LICENSES- (A) The issuance of licenses under section 38 of the Arms Export Control Act for the export to the People's Republic of China of any defense article on the United States Munitions List, including helicopters and helicopter parts, shall continue to be suspended, subject to subparagraph (B), unless the President makes a report under subsection (b) (1) or (2) of this section. (B) The suspension set forth in subparagraph (A) shall not apply to systems and components designed specifically for inclusion in civil products and controlled as defense articles only for purposes of export to a controlled country, unless the President determines that the intended recipient of such items is the military or security forces of the People's Republic of China. (4) CRIME CONTROL AND DETECTION INSTRUMENTS AND EQUIPMENT- The issuance of any license under section 6(k) of the Export Administration Act of 1979 for the export to the People's Republic of China of any crime control or detection instruments or equipment shall be suspended, unless the President makes a report under subsection (b) (1) or (2) of this section. (5) EXPORT OF SATELLITES FOR LAUNCH BY THE PEOPLE'S REPUBLIC OF CHINA- Exports of any satellite of United States origin that is intended for launch from a launch vehicle owned by the People's Republic of China shall remain suspended, unless the President makes a report under subsection (b) (1) or (2) of this section. (6) NUCLEAR COOPERATION WITH THE PEOPLE'S REPUBLIC OF CHINA- (A) Any-- (i) application for a license under the Export Administration Act of 1979 for the export to the People's Republic of China for use in a nuclear production or utilization facility of any goods or technology which, as determined under section 309(c) of the Nuclear Non-Proliferation Act of 1978, could be of significance for nuclear explosive purposes, or which, in the judgment of the President, is likely to be diverted for use in such a facility, for any nuclear explosive device, or for research on or development of any nuclear explosive device, shall be suspended, (ii) application for a license for the export to the People's Republic of China of any nuclear material, facilities, or components subject to the Agreement shall be suspended, (iii) approval for the transfer or retransfer to the People's Republic of China of any nuclear material, facilities, or components subject to the Agreement shall not be given, and (iv) specific authorization for assistance in any activities with respect to the People's Republic of China relating to the use of nuclear energy under section 57b.(2) of the Atomic Energy Act of 1954 shall not be given, until the conditions specified in subparagraph (B) are met. (B) Subparagraph (A) applies until-- (i) the President certifies to the Congress that the People's Republic of China has provided clear and unequivocal assurances to the United States that it is not assisting and will not assist any nonnuclear-weapon state, either directly or indirectly, in acquiring nuclear explosive devices or the materials and components for such devices; (ii) the President makes the certifications and submits the report required by Public Law 99-183; and (iii) the President makes a report under subsection (b) (1) or (2) of this section. (C) For purposes of this paragraph, the term `Agreement' means the Agreement for Cooperation Between the Government of the United States of America and the Government of the People's Republic of China Concerning Peaceful Uses of Nuclear Energy (done on July 23, 1985). (7) LIBERALIZATION OF EXPORT CONTROLS- (A) The President shall negotiate with the governments participating in the group known as the Coordinating Committee (COCOM) to suspend, on a multilateral basis, any liberalization by the Coordinating Committee of controls on exports of goods and technology to the People's Republic of China under section 5 of the Export Administration Act of 1979, including-- (i) the implementation of bulk licenses for exports to the People's Republic of China; and (ii) the raising of the performance levels of goods or technology below which no authority or permission to export to the People's Republic of China would be required. (B) The President shall oppose any liberalization by the Coordinating Committee of controls which is described in subparagraph (A)(ii), until the end of the 6-month period beginning on the date of enactment of this Act or until the President makes a report under subsection (b) (1) or (2) of this section, whichever occurs first. (b) TERMINATION OF SUSPENSIONS- A report referred to in subsection (a) is a report by the President to the Congress either-- (1) that the Government of the People's Republic of China has made progress on a program of political reform throughout the country, including Tibet, which includes-- (A) lifting of martial law; (B) halting of executions and other reprisals against individuals for the nonviolent expression of their political beliefs; (C) release of political prisoners; (D) increased respect for internationally recognized human rights, including freedom of expression, the press, assembly, and association; and (E) permitting a freer flow of information, including an end to the jamming of Voice of America and greater access for foreign journalists; or (2) that it is in the national interest of the United States to terminate a suspension under subsection (a) (1), (2), (3), (4), or (5), to terminate a suspension or disapproval under subsection (a)(6), or to terminate the opposition required by subsection (a)(7), as the case may be. (c) REPORTING REQUIREMENT- Sixty days after the date of enactment of this Act, the President shall submit to the Congress a report on-- (1) any steps taken by the Government of China to achieve the objectives described in subsection (b)(1); (2) the effect of multilateral sanctions on political and economic developments in China and on China's international economic relations; (3) the impact of the President's actions described in section 901(a)(9) and of the suspensions under subsection (a) of this section on-- (A) political and economic developments in China; (B) the standard of living of the Chinese people; (C) relations between the United States and China; and (D) the actions taken by China to promote a settlement in Cambodia which will ensure Cambodian independence, facilitate an act of self-determination by the Cambodian people, and prevent the Khmer Rouge from returning to exclusive power; (4) the status of programs and activities suspended under subsection (a); and (5) the additional measures taken by the President under section 901(c) if repression in China deepens.