22 U.S.C. § 8543: Destinations of Diversion Concern

The President shall designate a country as a Destination of Diversion Concern if the President determines that the government of the 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. the volume of such goods, services, and technologies that are diverted through the country to such end-users or intermediaries; the inadequacy of the export controls of the country; 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 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. notifying those committees of the designation of the country; and 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. Not later than 45 days after submitting a report required by subsection (b) with respect to a country designated as a Destination of Diversion Concern under subsection (a), the President shall require a license under the Export Administration Regulations or the International Traffic in Arms Regulations (whichever is applicable) to export to that country a good, service, or technology on the list required under subsection (b)(2), with the presumption that any application for such a license will be denied. to institute an export control system or strengthen the export control system of the country; 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 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; determines that it is appropriate to carry out government-to-government activities to strengthen the export control system of the country; and submits to the appropriate congressional committees a report describing the steps specified in subparagraph (A) being taken by the government of the country. makes the determinations described in subparagraphs (A) and (B) of paragraph (1) with respect to the country; and submits to the appropriate congressional committees an updated version of the report required by subparagraph (C) of paragraph (1). to develop or strengthen the export control system of the country; 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 to promote information and data exchanges among agencies of the country and with the United States; to facilitate legitimate trade in goods, services, and technologies; and 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 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. The designation of a country as a Destination of Diversion Concern under subsection (a) shall terminate on the date on which the President determines, and certifies to the appropriate congressional committees, that the country has adequately strengthened the export control system of the country to prevent the diversion of goods, services, and technologies described in section 8542(b) of this title to Iranian end-users or Iranian intermediaries. A report required by subsection (b) or (d) may be submitted in classified form.