(1) the extent to which actions relating to trade taken pursuant to this Act (A) have been effective in achieving the objectives of section 3 and any other foreign policy or national security objectives of the United States with respect to Iran and Libya; and (B) have affected humanitarian interests in Iran and Libya, the country in which the sanctioned person is located, or in other countries; and (2) the impact of actions relating to trade taken pursuant to this Act on other national security, economic, and foreign policy interests of the United States, including relations with countries friendly to the United States, and on the United States economy. The President may include in the report the President's recommendation on whether or not this Act should be terminated or modified. (c) OTHER REPORTS.-The President shall ensure the continued transmittal to the Congress of reports describing— (1) the nuclear and other military capabilities of Iran, as required by section 601(a) of the Nuclear Non-Proliferation Act of 1978 and section 1607 of the National Defense Authorization Act for Fiscal Year 1993; and (2) the support provided by Iran for acts of international terrorism, as part of the Department of State's annual report on international terrorism. SEC. 11. DETERMINATIONS NOT REVIEWABLE. A determination to impose sanctions under this Act shall not be reviewable in any court. SEC. 12. EXCLUSION OF CERTAIN ACTIVITIES. Nothing in this Act shall apply to any activities subject to the reporting requirements of title V of the National Security Act of 1947. SEC. 13. EFFECTIVE DATE; SUNSET. (a) EFFECTIVE DATE.-This Act shall take effect on the date of the enactment of this Act. (b) SUNSET.-This Act shall cease to be effective on the date that is 10 years after the date of the enactment of this Act. SEC. 14. DEFINITIONS. As used in this Act: (1) ACT OF INTERNATIONAL TERRORISM.-The term "act of international terrorism" means an act— (A) which is violent or dangerous to human life and that is a violation of the criminal laws of the United States or of any State or that would be a criminal violation if committed within the jurisdiction of the United States or any State; and (B) which appears to be intended— (i) to intimidate or coerce a civilian population; (ii) to influence the policy of a government by intimidation or coercion; or (iii) to affect the conduct of a government by assassination or kidnapping. (2) APPROPRIATE CONGRESSIONAL COMMITTEES.-The term "appropriate congressional committees" means the Committee on Finance, the Committee on Banking, Housing, and Urban Affairs, and the Committee on Foreign Relations of the Senate and the Committee on Ways and Means, the Committee on Banking and Financial Services, and the Committee on International Relations of the House of Representatives. (3) COMPONENT PART.-The term "component part" has the meaning given that term in section 11A(e)(1) of the Export Administration Act of 1979 (50 U.S.C. App. 2410a(e)(1)). (4) DEVELOP AND DEVELOPMENT.-To "develop", or the "development" of, petroleum resources means the exploration for, or the extraction, refining, or transportation by pipeline of, petroleum resources. (5) FINANCIAL INSTITUTION.-The term "financial institution" includes— (A) a depository institution (as defined in section 3(c)(1) of the Federal Deposit Insurance Act), including a branch or agency of a foreign bank (as defined in section 1(b)(7) of the International Banking Act of 1978); (B) a credit union; (C) a securities firm, including a broker or dealer; (D) an insurance company, including an agency or underwriter; and (E) any other company that provides financial services. (6) FINISHED PRODUCT.—The term "finished product" has the meaning given that term in section 11A(e)(2) of the Export Administration Act of 1979 (50 U.S.C. App. 2410a(e)(2)). (7) FOREIGN PERSON.-The term "foreign person" means— (A) an individual who is not a United States person or an alien lawfully admitted for permanent residence into the United States; or (B) a corporation, partnership, or other nongovernmental entity which is not a United States person. (8) GOODS AND TECHNOLOGY.-The terms "goods" and "technology" have the meanings given those terms in section 16 of the Export Administration Act of 1979 (50 U.S.C. App. 2415). (9) INVESTMENT.-The term "investment" means any of the following activities if such activity is undertaken pursuant to an agreement, or pursuant to the exercise of rights under such an agreement, that is entered into with the Government of Iran or a nongovenmental entity in Iran, or with the Government of Libya or a nongovernmental entity in Libya, on or after the date of the enactment of this Act: (A) The entry into a contract that includes responsibility for the development of petroleum resources located in Iran or Libya (as the case may be), or the entry into a contract providing for the general supervision and guarantee of another person's performance of such a contract. (B) The purchase of a share of ownership, including an equity interest, in that development. (C) The entry into a contract providing for the participation in royalties, earnings, or profits in that development, without regard to the form of the participation. The term "investment" does not include the entry into, performance, or financing of a contract to sell or purchase goods, services, or technology. For purposes of this paragraph, an amendment or other modification that is made, on or after June 13, 2001, to an agreement or contract shall be treated as the entry of an agreement or contract. (10) IRAN. The term "Iran" includes any agency or instrumentality of Iran. (11) IRANIAN DIPLOMATS AND REPRESENTATIVES OF OTHER GOVERNMENT AND MILITARY OR QUASI-GOVERNMENTAL INSTITUTIONS OF IRAN.—The term "Iranian diplomats and representatives of other government and military or quasi-governmental institutions of Iran" includes employees, representatives, or affiliates of Iran's (A) Foreign Ministry; (B) Ministry of Intelligence and Security; (C) Revolutionary Guard Corps; (D) Crusade for Reconstruction; (E) Qods (Jerusalem) Forces; (F) Interior Ministry; (G) Foundation for the Oppressed and Disabled; (H) Prophet's Foundation; (I) June 5th Foundation; (J) Martyr's Foundation; (K) Islamic Propagation Organization; and (L) Ministry of Islamic Guidance. (12) LIBYA.-The term "Libya" includes any agency or instrumentality of Libya. (13) NUCLEAR EXPLOSIVE DEVICE.-The term "nuclear explosive device" means any device, whether assembled or disassembled, that is designed to produce an instantaneous release of an amount of nuclear energy from special nuclear material (as defined in section 11(aa) of the Atomic Energy Act of 1954) that is greater than the amount of energy that would be released from the detonation of one pound of trinitrotoluene (TNT). (14) PERSON.-The term "person" means— (A) a natural person; (B) a corporation, business association, partnership, society, trust, any other nongovernmental entity, organization, or group, and any governmental entity operating as a business enterprise; and (C) any successor to any entity described in subparagraph (B). (15) PETROLEUM RESOURCES.—The term "petroleum resources" includes petroleum and natural gas resources. (16) UNITED States or StatE.-The term "United States" or "State" means the several States, the District of Columbia, the Commonwealth of Puerto Rico, the Commonwealth of the Northern Mariana Islands, American Samoa, Guam, the United States Virgin Islands, and any other territory or possession of the United States. (17) UNITED STATES PERSON.—The term "United States person" means- (B) a corporation or other legal entity which is organized under the laws of the United States, any State or territory thereof, or the District of Columbia, if natural persons described in subparagraph (A) own, directly or indirectly, more than 50 percent of the outstanding capital stock or other beneficial interest in such legal entity. Emergency Protection for Iraqi Cultural Antiquities Act of 2004 SEC. 3001. SHORT TITLE. [Public Law 108-429] This title may be cited as the "Emergency Protection for Iraqi Cultural Antiquities Act of 2004." SEC. 3002. EMERGENCY IMPLEMENTATION OF IMPORT RESTRICTIONS. (a) AUTHORITY.— The President may exercise the authority of the President under section 304 of the Convention on Cultural Property Implementation Act with respect to any archaeological or ethnological material of Iraq without regard to whether Iraq is a State Party under that Act, except that, in exercising such authority, subsection (c) of such section shall not apply. (b) DEFINITION.-In this section, the term "archaeological or ethnological material of Iraq" means cultural property of Iraq and other items of archaeological, historical, cultural, rare scientific, or religious importance illegally removed from the Iraq National Museum, the National Library of Iraq, and other locations in Iraq, since the adoption of United Nations Security Council Resolution 661 of 1990. SEC. 3003. TERMINATION OF AUTHORITY. The authority of the President under section 3002(a) shall terminate on September 30, 2009. D. TRADE SANCTIONS AGAINST UNCOOPERATIVE MAJOR DRUG PRODUCING OR DRUG-TRANSIT COUNTRIES Narcotics Control Trade Act (Title VIII of the Trade Act of 1974, as amended) [19 U.S.C. 2491 et seq.; Public Law 93-618 as added by Public Law 99-570, title IX, and amended by Public Law 100-204, Public Law 100-690, Public Law 101-231, Public Law 102-583, and Public Law 106-36] SEC. 801. SHORT TITLE. This title may be cited as the "Narcotics Control Trade Act". SEC. 802. TARIFF TREATMENT OF PRODUCTS OF UNCOOPERATIVE MAJOR (a) REQUIRED ACTION BY PRESIDENT.-Subject to subsection (b), for every major drug producing country and every major drug-transit country, the President shall, on or after March 1, 1987, and March 1 of each succeeding year, to the extent considered necessary by the President to achieve the purposes of this title (1) deny to any or all of the products of that country tariff treatment under the Generalized System of Preferences, the Caribbean Basin Economic Recovery Act, or any other law providing preferential tariff treatment; (2) apply to any or all of the dutiable products of that country an additional duty at a rate not to exceed 50 percent ad valorem or the specific rate equivalent; (3) apply to one or more duty-free products of that country a duty at a rate not to exceed 50 percent ad valorem; (4) take the steps described in subsection (d)(1) or (d)(2), or both, to curtail air transportation between the United States and that country; (5) withdraw the personnel and resources of the United States from participation in any arrangement with that country for the pre-clearance of customs by visitors between the United States and that country; or (6) take any combination of the actions described in paragraphs (1) through (5). (b) REVISION OF CERTIFICATION PROCEDURES; CONGRESSIONAL REVIEW. (1)(A) Subject to paragraph (3), subsection (a) shall not apply with respect to a country if the President determines and certifies to the Congress, at the time of the submission of the report required by section 489 of the Foreign Assistance Act of 1961 (22 U.S.C. 2291h), that (i) during the previous year the country has cooperated fully with the United States, or has taken adequate steps on its own— (I) in satisfying the goals agreed to in an applicable bilateral narcotics agreement with the United States (as described in |