“(d) Minimum term of imprisonment for certain acts relating to the provision of controlled goods or services to terrorists or proliferators of weapons of mass destruction.—
“(1) IN GENERAL.—A person who willfully commits, willfully attempts to commit, or willfully conspires to commit, solicits the commission of, or aids or abets in the commission of, an unlawful act described in paragraph (2) shall, upon conviction, be imprisoned for a term of not less than 5 years. Notwithstanding any other provision of law, a court shall not place on probation any person sentenced under this subsection.
“(2) UNLAWFUL ACTS DESCRIBED.—An unlawful act described in this paragraph is an unlawful act described in subsection (a) that involves—
“(A) the provision of controlled goods or services to or for the use of—
“(i) a state sponsor of terrorism;
“(ii) an organization designated as a foreign terrorist organization under section 219(a) of the Immigration and Nationality Act (8 U.S.C. 1189(a)); or
“(iii) a person on the list of specially designated nationals and blocked persons maintained by the Office of Foreign Assets Control of the Department of the Treasury;
“(B) the provision of goods or services, without a license or other written approval of the United States Government, to any person in connection with a program or effort of a foreign country or foreign person to develop weapons of mass destruction; or
“(C) the provision of defense articles or defense services, without a license or other written approval of the Department of State, to, or for the use of, a country subject to an arms embargo by the United States.
“(3) DEFINITIONS.—In this subsection:
“(A) CONTROLLED GOODS OR SERVICES.—The term ‘controlled goods or services’ means any article, item, technical data, service, or technology listed or included in—
“(i) the United States Munitions List maintained pursuant to part 121 of title 22, Code of Federal Regulations;
“(ii) the Commerce Control List maintained pursuant to part 774 of title 15, Code of Federal Regulations; or
“(iii) any successor to the United States Munitions List or the Commerce Control List.
“(B) COUNTRY SUBJECT TO AN ARMS EMBARGO.—The term ‘country subject to an arms embargo’ means any foreign country listed in section 126.1 of title 22, Code of Federal Regulations (or any corresponding similar regulation or ruling), for which—
“(i) an embargo or prohibition exists on the export of defense articles or defense services; or
“(ii) the policy of the United States is to deny licenses and other approvals for the export of defense articles and defense services.
“(C) DEFENSE ARTICLE; DEFENSE SERVICE.—The terms ‘defense article’ and ‘defense service’ have the meanings given those terms in section 47 of the Arms Export Control Act (22 U.S.C. 2794).
“(D) STATE SPONSOR OF TERRORISM.—The term ‘state sponsor of terrorism’ means any foreign country, or political subdivision, agency, or instrumentality of a foreign country, if the Secretary of State has determined that the government of the country has repeatedly provided support for acts of international terrorism pursuant to—
“(i) section 6(j)(1)(A) of the Export Administration Act of 1979 (50 U.S.C. App. 2405(j)(1)(A)) (as in effect pursuant to this Act);
“(ii) section 40(d) of the Arms Export Control Act (22 U.S.C. 2780(d));
“(iii) section 620A(a) of the Foreign Assistance Act of 1961 (22 U.S.C. 2371(a)); or
“(iv) any other provision of law.
See the Facebook discussion thread or, if you prefer antisocial media, email link is in the sidebar.
(H/T to Weaponsman)
.
