12 2 STA T . 2 3 3 8PUBLIC LA W 11 0– 2 5 2 —J U NE 30 , 2008 (4)LIM I TED E XC E P TI ONR E LA TED TO LET H AL W EAPON S.—Theaut h ori t y u nd er s u b se c tion (a) sha l lnota p ply w ith respect toanye x port o f lethal defense articles that would be pre v ented by the application of section 102 (b)(2) of the A r m s E xport C ontrol Act. (c) N OTI F ICATIONS AND R EPORTS.— (1) CON G RESSIONAL NOTIFICATION.—The P resident shall notify the appropriate con g ressional committees in writing not later than 1 5 days before exercising the waiver authority under subsection (a). (2) ANN U AL REPORT.—Not later than J anuary 3 1 , 200 9 , and annually thereafter, the President shall submit to the appropriate congressional committees a report that— (A) lists all waivers issued under subsection (a) during the preceding year
( B ) describes in detail the progress that is being made in the implementation of the commitment underta k en by North K orea, in the Joint S tatement of September 19, 2005, to abandon all nuclear weapons and existing nuclear programs as part of the verifiable denucleari z ation of the Korean Peninsula; (C) discusses specifically any shortcomings in the implementation by North Korea of that commitment; and ( D ) lists and describes the progress and shortcomings, in the preceding year, of all other programs promoting the elimination of the capability of North Korea to develop, deploy, transfer, or maintain weapons of mass destruction or their delivery systems. (3) REPORT ON V ERIFICATION MEASURES RELATING TO NORTH K OREA ’ S NUCLEAR PROGRAMS.— (A) I N GENERAL.—Not later than 15 days after the date of enactment of this Act, the Secretary of State shall submit to the appropriate congressional committees a report on verification measures relating to North Korea’s nuclear programs under the Six - Party Talks Agreement of F ebruary 13, 200 7 , with specific focus on how such verification measures are defined under the Six-Party Talks Agreement and understood by the U nited States G overn- ment. (B) M ATTERS TO B E INCLUDED.—The report re q uired under subsection (A) shall include, among other elements, a description of— (i) how the United States will confirm that North Korea has ‘ ‘provided a complete and correct declaration of all of its nuclear programs’’; (ii) how the United States will maintain a high and ongoing level of confidence that North Korea has fully met the terms of the Six-Party Talks Agreement relating to its nuclear programs; (iii) any diplomatic agreement with North Korea regarding verification measures relating to North Korea’s nuclear programs under the Six-Party Talks Agreement (other than implementing arrangements made during on-site operations); and (iv) any significant and continuing disagreement with North Korea regarding verification measures Presid e nt.
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