International Law Advisory - House Passes Legislation re Syria WMD Activities

This is to advise you that the U.S. House of Representatives has passed an amendment to the Iran Nonproliferation Act of 2000 (S. 1713), imposing sanctions on entities enabling Syria to develop weapons of mass destruction.

The Iran Nonproliferation Act allows the executive branch to take punitive measures against any individual or organization that provides any material aid to Iran’s nuclear or any other WMD program.  The Act originally was designed to stop foreign transfers to Iran of weapons of mass destruction, missile technology, and advanced conventional weapons technology, particularly from Russia.

By amending the act to include Syria, the bill allows the President to identify any foreign person who transfers to, or acquires from, Syria any goods, services, or technology listed on the Nuclear Suppliers Group Guidelines for the Export of Nuclear Material, Equipment and Technology published by the International Atomic Energy Agency (IAEA), the Wassenaar Arrangement list of Dual Use Goods and Technologies and Munitions list, and other export control categories.  Any foreign person identified as such will be prohibited from purchasing from the U.S. government items on the U.S. Munitions List.  In addition, those with licenses for the transfer to an identified foreign person of dual use exports will have their licenses either denied or suspended, depending on the case.

This legislation would authorize sanctions on both exports and imports of weapons technology involving Syria.  On a broader level, this legislation may signal more aggressive treatment of Syria by the U.S. government on export controls, including the possible enactment of economic sanctions against Syria at the United Nations level.  Discussions at the international level of enhanced Syrian sanctions have been reported in the media following reports that Syrian government officials may have been involved in former Lebanese Prime Minister Hariri’s assassination.  The U.S. government has also expressed ongoing concern regarding possible Syrian support for insurgents in Iraq.

Because the original bill did not include any provisions on Syria, the legislation must return to the Senate for reconsideration.  We will continue to monitor this bill, and the status of Syrian export control regulations generally.  In the meantime, please contact Ed Krauland at 202-429-8083 or David Lorello at 202-429-6757 if you have any questions.