View all text of Subchapter III [§ 8541 - § 8544]
§ 8543. Destinations of Diversion Concern
(a) Designation
(1) In general
(2) Determination of substantialFor purposes of paragraph (1), the President shall determine whether the government of a country allows substantial diversion of goods, services, or technologies described in section 8542(b) of this title 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 intermediaries; 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 technologies to such end-users or intermediaries.
(b) Report on designationUpon designating a country as a Destination of Diversion Concern under subsection (a), the President 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 8542(b) of this title that the President determines are diverted through the country to Iranian end-users or Iranian intermediaries.
(c) Licensing requirement
(d) Delay of imposition of licensing requirement
(1) In generalThe President may delay the imposition of the licensing requirement under subsection (c) with respect to a country designated as a Destination of Diversion Concern under subsection (a) for a 12-month period if the President—
(A) determines that the government of the country is taking steps—
(i) to institute an export control system or strengthen the export control system of the country;
(ii) to interdict the diversion of goods, services, or technologies described in section 8542(b) of this title through the country to Iranian end-users or Iranian intermediaries; and
(iii) to comply with and enforce United Nations Security Council Resolutions 1696 (2006), 1737 (2006), 1747 (2007), 1803 (2008), and 1929 (2010), and any other resolution that is agreed to by the Security Council and imposes sanctions with respect to Iran;
(B) determines that it is appropriate to carry out government-to-government activities to strengthen the export control system of the country; and
(C) submits to the appropriate congressional committees a report describing the steps specified in subparagraph (A) being taken by the government of the country.
(2) Additional 12-month periodsThe President may delay the imposition of the licensing requirement under subsection (c) with respect to a country designated as a Destination of Diversion Concern under subsection (a) for additional 12-month periods after the 12-month period referred to in paragraph (1) if the President, for each such 12-month period—
(A) makes the determinations described in subparagraphs (A) and (B) of paragraph (1) with respect to the country; and
(B) submits to the appropriate congressional committees an updated version of the report required by subparagraph (C) of paragraph (1).
(3) Strengthening export control systemsIf the President determines under paragraph (1)(B) that is it appropriate to carry out government-to-government activities to strengthen the export control system of a country designated as a Destination of Diversion Concern under subsection (a), the United States shall initiate government-to-government activities that may include—
(A) cooperation by agencies and departments of the United States with counterpart agencies and departments in the country—
(i) to develop or strengthen the export control system of the country;
(ii) to strengthen cooperation among agencies of the country and with the United States and facilitate enforcement of the export control system of the country; and
(iii) to promote information and data exchanges among agencies of the country and with the United States;
(B) training officials of the country to strengthen the export control systems of the country—
(i) to facilitate legitimate trade in goods, services, and technologies; and
(ii) to prevent terrorists and state sponsors of terrorism, including Iran, from obtaining nuclear, biological, and chemical weapons, defense technologies, components for improvised explosive devices, and other defense articles; and
(C) encouraging the government of the country to participate in the Proliferation Security Initiative, such as by entering into a ship boarding agreement pursuant to the Initiative.
(e) Termination of designation
(f) Form of reports
(Pub. L. 111–195, title III, § 303, July 1, 2010, 124 Stat. 1347.)