Iran, North Korea, and Syria Sanctions Consolidation Act of 2011- States that it is U.S. policy to prevent the Islamic Republic of Iran from acquiring a nuclear weapons capability.
Amends the Iran Sanctions Act of 1996 to direct the President to impose three or more specified sanctions against a person that knowingly participates in a joint venture with respect to the development of petroleum resources outside of Iran: (1) in which Iran is a substantial partner or investor, or (2) through which Iran could receive technological knowledge or equipment that could contribute to its ability to develop petroleum resources in Iran.
Includes certain infrastructure construction whose primary use is to support the transportation of refined petroleum products in the definition of "goods, services, technology, information, or support."
Requires the President to respond within 60 days to a congressional request regarding a person's engagement in a sanctionable activity.
Amends the Securities Exchange Act of 1934 to require securities issuers to disclose in their mandatory annual or quarterly reports to the Securities and Exchange Commission (SEC) whether they or their affiliates have: (1) engaged in certain activities relating to Iran, terrorism, and the proliferation of weapons of mass destruction; (2) knowingly engaged in specified activities, or knowingly violated certain regulations prescribed under the Comprehensive Iran Sanctions, Accountability, and Divestment Act of 2010; (3) knowingly conducted any transaction or dealing with a person whose property and interests in property are blocked by certain Executive Orders; or (4) knowingly conducted a transaction or dealing with any person listed in the Iranian Transactions Regulations.
Specifies the contents of mandatory disclosures.
Requires the President to: (1) initiate an investigation into the possible imposition of sanctions when the SEC receives a report that an issuer or its affiliate has engaged in the cited activities, and (2) determine within 180 days of initiating an investigation whether sanctions should be imposed on the issuer or the affiliate concerned.
Requires promulgation regulations within 90 days after enactment of this Act governing financial institutions maintaining accounts for foreign financial institutions.
Urges the President to initiate diplomatic efforts to expand multilateral sanctions against Iran.
Directs the President to report to Congress on: (1) the Central Bank of Iran's involvement in Iran's development of weapons of mass destruction and support of terrorism, and (2) entities and countries providing refined petroleum products to Iran.
Directs the Government Accountability Office (GAO) to report to Congress listing all foreign investors in Iran's energy sector.
Directs the President to: (1) identify each foreign person or foreign entity for which there is a reasonable basis for determining that the person or entity is an agent, front, instrumentality, official, or affiliate of Iran's Islamic Revolutionary Guard Corps (IRGC) or is an IRGC representative; and (2) apply specified property sanctions to such person or entity. Gives priority to investigations of specified sensitive transactions.
Sets forth mandatory and discretionary measures to be taken against a foreign person or entity that provides material support to the IRGC.
Directs the President to impose specified sanctions against a person that provides shipping or refining services with respect to the exportation of petroleum, oil, or liquified natural gas to be refined or otherwise processed outside of Iran if: (1) the IRGC or any of its affiliates were involved in the development, extraction, production, transportation, or sale of such petroleum, oil, or liquefied natural gas in Iran, and the fair market value of such petroleum, oil, or liquefied natural gas is $1 million or more; or (2) during a 12-month period, the aggregate fair market value of such petroleum, oil, or liquefied natural gas is $5 million or more. Exempts certain underwriters and insurance providers from such provisions.
Requires the President: (1) upon receipt of credible information that a person may have transferred to Iran goods or technologies, or provided post-transfer services, that may be used to commit human rights abuses to investigate and determine within 180 days whether the person engaged in such activity; (2) submit a list of such persons to Congress every 180 days or as new information becomes available; and (3) freeze the assets of a listed person.
Amends the Iran Freedom Support Act to: (1) extend the President's authority to provide financial and political assistance to support democracy in Iran through December 31, 2016; and (2) expand the forms of such assistance.
Requires the President to appoint a Special Representative on Human Rights and Democracy in the Islamic republic of Iran within the Department of State.
Requires the President to submit to Congress a comprehensive strategy to promote Internet freedom and access to information in Iran.
Amends the the Iran, North Korea, and Syria Nonproliferation Act to include in the scope of such Act a person that: (1) acquired materials mined or extracted within North Korea's territory or control; or (2) provided shipping services for the transportation of goods to or from Iran, North Korea, or Syria relating to such countries' weapons of mass destruction programs, support for acts of international terrorism, or human rights abuses. Excludes from such provisions shipping services for emergency or humanitarian purposes.
Prohibits a vessel from knowingly landing at a U.S. port to load or unload cargo or engage in trade if the vessel entered a port in Iran, North Korea, or Syria during the 180-day period preceding the vessel's U.S. port arrival. Provides for enhanced vessel inspections.
Directs: (1) the President to publish a list of each individual who is a senior government official of Iran (including the IRGC), North Korea, or Syria, or a close associate of such individual; and (2) the Secretary of State or the Secretary of Homeland Security (DHS) to not grant an identified individual immigration status in, or admit the individual to, the United States.
Requires a domestic or a foreign financial institution operating in the United States to report to the Secretary of the Treasury regarding any transactions with financial institutions, whose property or interests are blocked due to involvement with Iran, North Korea, or Syria, in activities supportive of international terrorism or weapons of mass destruction proliferation. Prohibits such an institution from continuing to operate in the United States if it: (1) continues to engage in transactions with such sanctioned institutions, or (2) fails to report or submits a false report.
Directs the President to apply specified property, financial, or export sanctions against a person providing to, or acquiring from, Iran, North Korea, or Syria any good or technology that is used, or is likely to be used, for military applications.
[Congressional Bills 112th Congress]
[From the U.S. Government Publishing Office]
[S. 1048 Introduced in Senate (IS)]
112th CONGRESS
1st Session
S. 1048
To expand sanctions imposed with respect to the Islamic Republic of
Iran, North Korea, and Syria, and for other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
May 23, 2011
Mr. Menendez (for himself, Mr. Lieberman, Mr. Kyl, Mr. Casey, Mrs.
Gillibrand, Ms. Collins, and Mr. Kirk) introduced the following bill;
which was read twice and referred to the Committee on Foreign Relations
_______________________________________________________________________
A BILL
To expand sanctions imposed with respect to the Islamic Republic of
Iran, North Korea, and Syria, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``Iran, North Korea,
and Syria Sanctions Consolidation Act of 2011''.
(b) Table of Contents.--The table of contents for this Act is as
follows:
Sec. 1. Short title; table of contents.
Sec. 2. Findings.
TITLE I--SANCTIONS WITH RESPECT TO THE ISLAMIC REPUBLIC OF IRAN
Subtitle A--Expansion of Sanctions With Respect to the Islamic Republic
of Iran
Sec. 101. United States policy with respect to the acquisition of
nuclear weapons capabilities by the Islamic
Republic of Iran.
Sec. 102. Sense of Congress with respect to the acquisition of nuclear
weapons capabilities by the Islamic
Republic of Iran.
Sec. 103. Sanctions with respect to persons engaging in certain joint
ventures with the Islamic Republic of Iran.
Sec. 104. Strengthening the Iran Sanctions Act of 1996.
Sec. 105. Disclosures to the Securities and Exchange Commission
relating to sanctionable activities.
Sec. 106. Deadline for regulations with respect to financial
institutions maintaining accounts for
foreign financial institutions.
Sec. 107. Diplomatic efforts to expand multilateral sanctions regime
with respect to the Islamic Republic of
Iran.
Sec. 108. Report on certain actions of the Central Bank of Iran.
Sec. 109. Report on entities that provide refined petroleum products to
the Islamic Republic of Iran.
Sec. 110. Government Accountability Office report on providers of goods
and services to Iranian energy sector.
Subtitle B--Application of Sanctions Against Affiliates of Iran's
Islamic Revolutionary Guard Corps
Sec. 121. Definitions.
Sec. 122. Sanctions against affiliates of Iran's Islamic Revolutionary
Guard Corps.
Sec. 123. Measures against foreign persons or entities supporting
Iran's Islamic Revolutionary Guard Corps.
Sec. 124. Exportation of petroleum, oil, and natural gas produced by
Iran's Islamic Revolutionary Guard Corps or
its affiliates.
Sec. 125. Rule of construction.
Subtitle C--Human Rights Sanctions
Sec. 131. Definitions.
Sec. 132. Imposition of sanctions with respect to the transfer of goods
or technologies to the Islamic Republic of
Iran that may be used to commit human
rights abuses.
Sec. 133. Iran freedom support act reauthorization.
Sec. 134. Special representative on human rights and democracy in the
Islamic Republic of Iran.
Sec. 135. Comprehensive strategy to promote Internet freedom and access
to information in the Islamic Republic of
Iran.
Sec. 136. Expedited consideration of requests for authorization of
human rights and democracy-related
activities with respect to the Islamic
Republic of Iran.
Subtitle D--General Provisions
Sec. 141. Termination.
TITLE II--EXPANSION OF SANCTIONS WITH RESPECT TO THE ISLAMIC REPUBLIC
OF IRAN, NORTH KOREA, AND SYRIA
Sec. 201. Definitions.
Sec. 202. Sanctions applicable under the Iran, North Korea, and Syria
Nonproliferation Act.
Sec. 203. Identification of, and immigration restrictions on, senior
officials of the governments of the Islamic
Republic of Iran, North Korea, and Syria,
and their associates.
Sec. 204. Reports by certain financial institutions with respect to
activities carried out with sanctioned
financial institutions.
Sec. 205. Sanctions with respect to critical defense resources provided
to or acquired from the Islamic Republic of
Iran, North Korea, or Syria.
SEC. 2. FINDINGS.
Congress makes the following findings:
(1) Successive presidents have clearly identified the
unacceptability of the Iranian regime's pursuit of nuclear
weapons capabilities and the danger that pursuit presents to
the United States, to allies and partners of the United States,
and to global security.
(2) In May 1995, President Bill Clinton stated, ``The
specter of an Iran armed with weapons of mass destruction and
the missiles to deliver them haunts not only Israel but the
entire Middle East and ultimately all the rest of us as well.
The United States and, I believe, all the Western nations have
an overriding interest in containing the threat posed by
Iran.''.
(3) In the 2006 State of the Union address, President
George W. Bush stated, ``The Iranian government is defying the
world with its nuclear ambitions, and the nations of the world
must not permit the Iranian regime to gain nuclear weapons.
America will continue to rally the world to confront these
threats.''.
(4) In February 2009, President Barack Obama committed to
``developing a strategy to use all elements of American power
to prevent Iran from developing a nuclear weapon''.
(5) The Islamic Republic of Iran is a major threat to the
national security interests of the United States, exemplified
not only by its nuclear program but also by its material
assistance to armed groups in Iraq and Afghanistan, to the
Palestinian group Hamas, to the Lebanese group Hezbollah, and
to other extremists that seek to undermine regional stability.
Those relationships provide the Iranian regime with potential
asymmetric delivery capabilities for nuclear or other
unconventional weapons.
(6) The Islamic Republic of Iran's growing inventory of
ballistic missiles and other destabilizing types of
conventional weapons provides the Iranian regime the
capabilities to enhance its projection of power throughout the
region and to undermine the national security interests of the
United States and its friends and allies.
(7) If the Islamic Republic of Iran achieved a nuclear
weapons capability, it would, among other things--
(A) likely lead to the proliferation of nuclear
weapons throughout the region, where several states
have already indicated interest in nuclear programs,
and would dramatically undercut 60 years of efforts by
the United States to stop the spread of nuclear
weapons;
(B) greatly increase the threat of nuclear
terrorism;
(C) significantly expand the Islamic Republic of
Iran's destabilizing and malign influence in the
region;
(D) insulate the Iranian regime from international
pressure, giving it wider scope to oppress its citizens
and to pursue aggression regionally and globally;
(E) embolden all terrorist groups supported by the
Islamic Republic of Iran, including Hamas and
Hezbollah; and
(F) directly threaten several friends and allies of
the United States, especially Israel, whose very right
to exist has been denied successively by every leader
of the Islamic Republic of Iran, and which the
President of Iran, Mahmoud Ahmadinejad, says should be
``wiped off the map''.
TITLE I--SANCTIONS WITH RESPECT TO THE ISLAMIC REPUBLIC OF IRAN
Subtitle A--Expansion of Sanctions With Respect to the Islamic Republic
of Iran
SEC. 101. UNITED STATES POLICY WITH RESPECT TO THE ACQUISITION OF
NUCLEAR WEAPONS CAPABILITIES BY THE ISLAMIC REPUBLIC OF
IRAN.
It is the policy of the United States to prevent the Islamic
Republic of Iran from acquiring a nuclear weapons capability. Although
nothing in this Act shall be construed as an authorization of the use
of force with respect to the Islamic Republic of Iran, all options
remain on the table.
SEC. 102. SENSE OF CONGRESS WITH RESPECT TO THE ACQUISITION OF NUCLEAR
WEAPONS CAPABILITIES BY THE ISLAMIC REPUBLIC OF IRAN.
It is the sense of Congress that the current Government of the
Islamic Republic of Iran, having engaged in a consistent and
longstanding pattern of deceptive and illicit conduct related to the
development of a nuclear weapons program in violation of international
obligations, as well as aggressive conduct against the Islamic Republic
of Iran's neighbors, cannot be trusted by the United States or the
international community to possess indigenous enrichment or
reprocessing technologies.
SEC. 103. SANCTIONS WITH RESPECT TO PERSONS ENGAGING IN CERTAIN JOINT
VENTURES WITH THE ISLAMIC REPUBLIC OF IRAN.
Section 5(a) of the Iran Sanctions Act of 1996 (Public Law 104-172;
50 U.S.C. 1701 note) is amended--
(1) in the subsection heading, by striking ``With Respect
to'' and all that follows through ``to Iran'' and inserting
``Relating to Petroleum Resources''; and
(2) by adding at the end the following:
``(4) Certain joint ventures with iran.--Except as provided
in subsection (f), the President shall impose 3 or more of the
sanctions described in section 6(a) with respect to a person if
the President determines that the person knowingly, on or after
the date of the enactment of the Iran, North Korea, and Syria
Sanctions Consolidation Act of 2011, participates in a joint
venture with respect to the development of petroleum resources
outside of Iran--
``(A) in which Iran is a substantial partner or
investor; or
``(B) through which Iran could receive
technological knowledge or equipment that could
contribute to the enhancement of Iran's ability to
develop petroleum resources in Iran.''.
SEC. 104. STRENGTHENING THE IRAN SANCTIONS ACT OF 1996.
(a) Inclusion of Certain Infrastructure Construction in
Sanctionable Activity Relating to Refined Petroleum Products.--Section
5(a)(2)(B) of the Iran Sanctions Act of 1996 (Public Law 104-172; 50
U.S.C. 1701 note) is amended to read as follows:
``(B) Goods, services, technology, information, or
support described.--Goods, services, technology,
information, or support described in this subparagraph
are goods, services, technology, information, or
support that could directly and significantly
facilitate the maintenance or expansion of Iran's
domestic production of refined petroleum products,
including any direct and significant assistance with
respect to the construction, modernization, or repair
of--
``(i) petroleum refineries or associated
infrastructure; or
``(ii) port facilities, railroads, or
roads, if the primary use of those facilities,
railroads, or roads is to support the
transportation of refined petroleum
products.''.
(b) Definition of Credible Information; Requests by Members of
Congress.--Section 4(e) of the Iran Sanctions Act of 1996 is amended by
adding at the end the following:
``(4) Credible information defined.--The term `credible
information' means, with respect to a person--
``(A) a public announcement by the person that the
person has engaged in an activity described in section
5(a);
``(B) an announcement by the Government of Iran
that the person has engaged in such an activity; or
``(C) information indicating that the person has
engaged in such an activity that is set forth in--
``(i) a report to stockholders of the
person;
``(ii) a report of the Government
Accountability Office, the Energy Information
Administration, or the Congressional Research
Service; or
``(iii) a report or publication of a
similarly reputable governmental organization.
``(5) Requests by members of congress.--
``(A) In general.--Except as provided in
subparagraph (B), not later than 60 days after
receiving a written request from a Member of Congress
with respect to whether a person has engaged in an
activity described in section 5(a), the President shall
inform that Member of the determination of the
President with respect to whether or not that person
has engaged in such an activity.
``(B) Exception for ongoing investigations.--The
President may decline to inform a Member of Congress
who submits a request under subparagraph (A) with
respect to a person of the determination of the
President with respect to that person if--
``(i) the person is the subject of an
ongoing investigation under this subsection;
and
``(ii) the President informs the Member, in
an unclassified format, that the person is the
subject of such an investigation.''.
SEC. 105. DISCLOSURES TO THE SECURITIES AND EXCHANGE COMMISSION
RELATING TO SANCTIONABLE ACTIVITIES.
(a) In General.--Section 13 of the Securities Exchange Act of 1934
(15 U.S.C. 78m) is amended by adding at the end the following new
subsection:
``(r) Disclosure of Certain Activities Relating to Iran, Terrorism,
and the Proliferation of Weapons of Mass Destruction.--
``(1) General disclosure required.--Each issuer required to
file an annual or quarterly report under subsection (a) shall
include with such report a statement of whether, during the
period since the issuer made the last such report, the issuer
or any affiliate of the issuer--
``(A) engaged in an activity described in section 5
of the Iran Sanctions Act of 1996 (Public Law 104-172;
50 U.S.C. 1701 note);
``(B) knowingly engaged in an activity described in
subsection (c)(2) of section 104 of the Comprehensive
Iran Sanctions, Accountability, and Divestment Act of
2010 (22 U.S.C. 8513) or knowingly violated regulations
prescribed under subsection (d)(1) or (e)(1) of such
section 104; or
``(C) knowingly conducted any transaction or
dealing with--
``(i) any person the property and interests
in property of which are blocked pursuant to
Executive Order 13224 (66 Fed. Reg. 49079;
relating to blocking property and prohibiting
transacting with persons who commit, threaten
to commit, or support terrorism);
``(ii) any person the property and
interests in property of which are blocked
pursuant to Executive Order 13382 (70 Fed. Reg.
38567; relating to blocking of property of
weapons of mass destruction proliferators and
their supporters); or
``(iii) any person on the list contained in
Appendix A to part 560 of title 31, Code of
Federal Regulations (commonly known as the
`Iranian Transactions Regulations').
``(2) Specific disclosure required.--If an issuer reports
under paragraph (1) that the issuer or an affiliate of the
issuer has engaged in any activity described in that paragraph,
the issuer shall include with the statement required under that
paragraph a detailed description of each such activity,
including--
``(A) the nature and extent of the activity;
``(B) the revenues and profits, if any,
attributable to the activity; and
``(C) whether the issuer or the affiliate of the
issuer (as the case may be) intends to continue the
activity.
``(3) Investigation of disclosures.--When the Commission
receives a report under paragraph (1) from an issuer that the
issuer or an affiliate of the issuer has engaged in any
activity described in that paragraph, the President shall--
``(A) initiate an investigation into the possible
imposition of sanctions under the Iran Sanctions Act of
1996 (Public Law 104-172; 50 U.S.C. 1701 note), section
104 of the Comprehensive Iran Sanctions,
Accountability, and Divestment Act of 2010 (22 U.S.C.
8513), the Executive Orders or regulations specified in
paragraph (1)(C), or any other provision of law; and
``(B) not later than 180 days after initiating such
an investigation, make a determination with respect to
whether sanctions should be imposed with respect to the
issuer or the affiliate of the issuer (as the case may
be).
``(4) Public disclosure of information.--The Commission
shall promptly--
``(A) make the information provided to the
Commission under paragraphs (1) and (2) available to
the public by posting the information on the Internet
Web site of the Commission; and
``(B) provide a copy of that information to--
``(i) the President;
``(ii) the Committee on Foreign Affairs and
the Committee on Financial Services of the
House of Representatives; and
``(iii) the Committee on Foreign Relations
and the Committee on Banking, Housing, and
Urban Affairs of the Senate.
``(5) Sunset.--The provisions of this subsection shall
terminate on the date that is 30 days after the date on which
the President makes the certification described in section
401(a) of the Comprehensive Iran Sanctions, Accountability, and
Divestment Act of 2010 (22 U.S.C. 8551(a)).''.
(b) Effective Date.--The amendment made by subsection (a) shall
take effect with respect to reports required to be filed with the
Securities and Exchange Commission after the date that is 90 days after
the date of the enactment of this Act.
SEC. 106. DEADLINE FOR REGULATIONS WITH RESPECT TO FINANCIAL
INSTITUTIONS MAINTAINING ACCOUNTS FOR FOREIGN FINANCIAL
INSTITUTIONS.
Section 104(e)(1) of the Comprehensive Iran Sanctions,
Accountability, and Divestment Act of 2010 (22 U.S.C. 8513(e)(1)) is
amended by striking ``The Secretary'' and inserting ``Not later than 90
days after the date of the enactment of the Iran, North Korea, and
Syria Sanctions Consolidation Act of 2011, the Secretary''.
SEC. 107. DIPLOMATIC EFFORTS TO EXPAND MULTILATERAL SANCTIONS REGIME
WITH RESPECT TO THE ISLAMIC REPUBLIC OF IRAN.
(a) Multilateral Negotiations.--In order to further the policy set
forth in section 101, Congress urges the President to immediately
initiate diplomatic efforts, both in appropriate international fora
such as the United Nations and bilaterally with allies of the United
States, to expand the multilateral sanctions regime with respect to the
Islamic Republic of Iran, including--
(1) qualitatively expanding the United Nations Security
Council sanctions regime with respect to the Islamic Republic
of Iran to include--
(A) a provision prohibiting the issuance of visas
to any official of the Government of the Islamic
Republic of Iran who is involved in--
(i) human rights violations in or outside
of the Islamic Republic of Iran;
(ii) the development of the nuclear weapons
program of the Islamic Republic of Iran; or
(iii) support by the Government of the
Islamic Republic of Iran for terrorist
organizations, including Hamas and Hezbollah;
(B) a provision requiring each member country of
the United Nations to prohibit the Islamic Republic of
Iran Shipping Lines and cargo flights of Iran Air from
landing at ports in that country because of the role of
those organizations in proliferation and illegal arms
sales; and
(C) a provision authorizing and requiring
international interdiction of aircraft or vessels
suspected of being involved in smuggling of weapons or
items relating to the proliferation of weapons of mass
destruction by North Korea, the Islamic Republic of
Iran, or Syria;
(2) qualitatively expanding the range of sanctions imposed
with respect to the Islamic Republic of Iran by the European
Union, South Korea, Japan, Australia, and other key allies of
the United States;
(3) expanding efforts to limit the development of petroleum
resources and the importation of refined petroleum products by
the Islamic Republic of Iran; and
(4) developing initiatives aimed at--
(A) increasing the production of crude oil in
countries other than the Islamic Republic of Iran; and
(B) assisting countries that purchase or otherwise
obtain crude oil or other petroleum products from the
Islamic Republic of Iran to reduce their dependence
crude oil and petroleum products from the Islamic
Republic of Iran.
(b) Reports to Congress.--Not later than 180 days after the date of
the enactment of this Act, and annually thereafter, the President shall
submit to the appropriate congressional committees a report on the
extent to which diplomatic efforts described in subsection (a) have
been successful that includes--
(1) an identification of the countries that have agreed to
impose additional sanctions or take other measures to further
the policy set forth in section 101 and a description of those
measures;
(2) an identification of the countries that have not agreed
to impose such sanctions or measures; and
(3) with respect to the countries described in paragraph
(2), recommendations with respect to other measures the United
States could take to further the policy set forth in section
101.
(c) Interim Report on Multilateral Sanctions; Monitoring.--Not
later than 90 days after the date of the enactment of this Act, the
President shall submit to the appropriate congressional committees a
report on--
(1) the countries that have established legislative or
administrative standards providing for the imposition of
economic sanctions with respect persons that conduct business
or have investments in Iran and their affiliates;
(2) the extent and duration of each instance of the
application of such sanctions by such countries; and
(3) the disposition of any decision by the World Trade
Organization or its predecessor organization with respect to
whether the imposition of any such sanction by any such country
is inconsistent with the obligations of that country as a
member of the World Trade Organization or under the General
Agreement on Tariffs and Trade.
SEC. 108. REPORT ON CERTAIN ACTIONS OF THE CENTRAL BANK OF IRAN.
Not later than 90 days after the date of the enactment of this Act,
the President shall submit to Congress a report on the involvement of
the Central Bank of Iran in supporting--
(1) the development of weapons of mass destruction by the
Islamic Republic of Iran; and
(2) support for acts of international terrorism by the
Government of the Islamic Republic of Iran.
SEC. 109. REPORT ON ENTITIES THAT PROVIDE REFINED PETROLEUM PRODUCTS TO
THE ISLAMIC REPUBLIC OF IRAN.
(a) Report.--Not later than 90 days after the date of the enactment
of this Act, and annually thereafter, the President shall submit to
Congress a report that identifies, based on credible information (as
defined in section 4(e)(4) of the Iran Sanctions Act of 1996, as
amended by section 104(b) of this Act) available to the President--
(1) any entity that has sold or is selling a refined
petroleum product to the Islamic Republic of Iran; and
(2) the country where that refined petroleum was refined.
(b) Effect of Failure To Submit Report.--If, in any year, the
President does not submit the report required by subsection (a) by the
date required by that subsection, for each 30-day period that begins
after that date, an amount equivalent to 10 percent of the amount
appropriated for the Bureau of Legislative Affairs of the Department of
State for the preceding 30-day period shall be rescinded.
(c) Waiver.--The President may waive the application of subsection
(b) on a case-by-case basis if the President--
(1) certifies that the waiver is in the national interest;
and
(2) notifies Congress in writing not later than 15 days
before the waiver takes effect.
SEC. 110. GOVERNMENT ACCOUNTABILITY OFFICE REPORT ON PROVIDERS OF GOODS
AND SERVICES TO IRANIAN ENERGY SECTOR.
Not later than 180 days after the date of the enactment of this
Act, and annually thereafter, the Comptroller General of the United
States shall submit to Congress a report listing all foreign investors
in the energy sector of the Islamic Republic of Iran, including--
(1) all entities that export gasoline and other refined
petroleum products to the Islamic Republic of Iran;
(2) all entities involved in providing refined petroleum
products to the Islamic Republic of Iran, including entities
that provide ships to transport refined petroleum products to
the Islamic Republic of Iran and entities that provide
insurance or reinsurance for shipments of refined petroleum
products to the Islamic Republic of Iran; and
(3) all entities involved in commercial transactions of any
kind, including joint ventures anywhere in the world, with
Iranian energy companies.
Subtitle B--Application of Sanctions Against Affiliates of Iran's
Islamic Revolutionary Guard Corps
SEC. 121. DEFINITIONS.
In this subtitle:
(1) Appropriate congressional committees.--The term
``appropriate congressional committees'' means--
(A) the Committee on Banking, Housing, and Urban
Affairs and the Committee on Foreign Relations of the
Senate; and
(B) the Committee on Financial Services and the
Committee on Foreign Affairs of the House of
Representatives.
(2) Foreign person.--The term ``foreign person'' has the
meaning given the term in section 14 of the Iran Sanctions Act
of 1996 (Public Law 104-172; 50 U.S.C. 1701 note).
(3) Iran's islamic revolutionary guard corps.--The term
``Iran's Islamic Revolutionary Guard Corps'' includes the
Iran's Islamic Revolutionary Guard Corps-Qods Force.
SEC. 122. SANCTIONS AGAINST AFFILIATES OF IRAN'S ISLAMIC REVOLUTIONARY
GUARD CORPS.
(a) In General.--Not later than 90 days after the date of the
enactment of this Act, and as appropriate thereafter, the President
shall identify in, and, in the case of a foreign person or foreign
entity not already so designated, shall designate for inclusion in the
Annex to Executive Order 13382 (70 Fed. Reg. 38567; relating to
blocking property of weapons of mass destruction proliferators and
their supporters) and shall apply all applicable sanctions of the
United States pursuant to Executive Order 13382 to each foreign person
or foreign entity for which there is a reasonable basis for determining
that the person or entity--
(1) is as an agent, alias, front, instrumentality,
official, or affiliate of Iran's Islamic Revolutionary Guard
Corps; or
(2) is an individual serving as a representative of Iran's
Islamic Revolutionary Guard Corps.
(b) Priority for Investigation.--In carrying out this section, the
President shall give priority to investigating--
(1) foreign persons and foreign entities identified under
section 560.304 of title 31, Code of Federal Regulations
(relating to the definition of the Government of the Islamic
Republic of Iran); and
(2) foreign persons and foreign entities for which there is
a reasonable basis to suspect that the person or entity has
conducted or attempted to conduct one or more sensitive
transactions or activities described in subsection (c).
(c) Sensitive Transaction or Activity.--A sensitive transaction or
activity referred to in subsection (b) is--
(1) a financial transaction or series of transactions
valued at more than $1,000,000 in the aggregate in any 12-month
period involving a non-Iranian financial institution;
(2) a transaction to facilitate the manufacture, import,
export, or transfer of items needed for the development of
nuclear, chemical, biological, or advanced conventional
weapons, including ballistic missiles;
(3) a transaction relating to the manufacture, procurement,
or sale of goods, services, and technology relating to the
Islamic Republic of Iran's energy sector, including the
development of the energy resources of the Islamic Republic of
Iran, exportation of petroleum products, and importation of
refined petroleum and refining capacity available to the
Islamic Republic of Iran;
(4) a transaction relating to the procurement of sensitive
technologies (as defined in section 106(c) of the Comprehensive
Iran Sanctions, Accountability, and Divestment Act of 2010 (22
U.S.C. 8515(c)); or
(5) an attempt to exert a malign influence in the internal
affairs of Iraq, Afghanistan, or Lebanon.
(d) Exclusion From United States.--The Secretary of State shall
deny a visa to, and the Secretary of Homeland Security shall exclude
from the United States, any alien who, on or after the date of the
enactment of this Act, is a foreign person designated for inclusion in
the Annex to Executive Order 13382 pursuant to subsection (a).
(e) Rule of Construction.--Nothing in this section shall be
construed to remove any sanction of the United States in force with
respect to Iran's Islamic Revolutionary Guard Corps as of the date of
the enactment of this Act by reason of the fact that Iran's Islamic
Revolutionary Guard Corps is an entity of the Government of the Islamic
Republic of Iran.
SEC. 123. MEASURES AGAINST FOREIGN PERSONS OR ENTITIES SUPPORTING
IRAN'S ISLAMIC REVOLUTIONARY GUARD CORPS.
(a) Identification and Notification.--The President shall notify
the appropriate congressional committees in any case in which the
President determines that there is credible information indicating that
a foreign person or foreign entity, on or after the date of the
enactment of this Act, knowingly--
(1) materially assists, sponsors, or provides financial,
material, or technological support for, or goods or services in
support of, Iran's Islamic Revolutionary Guard Corps or any
person or entity that is identified pursuant to section 122(a)
as an agent, alias, front, instrumentality, official, or
affiliate of Iran's Islamic Revolutionary Guard Corps or an
individual serving as a representative of Iran's Islamic
Revolutionary Guard Corps; or
(2) conducts any commercial transaction or financial
transaction, including a transaction relating to the energy
sector of the Islamic Republic of Iran, with Iran's Islamic
Revolutionary Guard Corps or any person or entity described in
paragraph (1).
(b) Waiver.--
(1) In general.--Notwithstanding any other provision of
this title and subject to paragraph (2), the President is not
required to make any identification or designation of, or
determination with respect to, a foreign person or foreign
entity for purposes of this title if doing so would cause
damage to the national security of the United States, including
through the divulgence of sources and methods of intelligence
or other critical classified information.
(2) Notice to congress.--The President shall notify
Congress of any exercise of the authority of paragraph (1) and
shall include in the notification an identification of the
foreign person or foreign entity, including a description of
any activity or transaction that would have caused the
identification, designation, or determination for purposes of
this title.
(c) Sanctions.--
(1) In general.--Not later than 60 days after the date on
which the President provides notice to the appropriate
congressional committees pursuant to subsection (a), the
President shall apply to each foreign person or foreign entity
identified in the notice, for a period of not less than 2
years, the following sanctions:
(A) No department or agency of the United States
Government may procure or enter into a contract for the
procurement of goods or services from the person or
entity.
(B) No products produced by the person or entity
may be imported into the United States.
(2) Termination.--The President may terminate the sanctions
applied to a foreign person or foreign entity pursuant to
paragraph (1) if the President determines that the person or
entity--
(A) no longer engages in the activity or activities
for which the sanctions were imposed; and
(B) has provided assurances to the United States
Government that it will not engage in the activity or
activities in the future.
(d) IEEPA Sanctions.--The President may exercise the authorities
provided under section 203(a) of the International Emergency Economic
Powers Act (50 U.S.C. 1702(a)) to impose additional sanctions on each
foreign person or foreign entity identified pursuant to subsection (a)
of this section, for a period of not less than 2 years, without regard
to section 202 of that Act.
(e) Waiver.--
(1) In general.--The President may waive the application of
any sanction described in subsection (c) with respect to a
foreign person or foreign entity if the President--
(A)(i) determines that the person or entity has
ceased the activity that resulted in the notification
under subsection (a) with respect to the person or
entity (as the case may be) and has taken measures to
prevent its recurrence; or
(ii) determines that it is in the national security
interests of the United States to do so; and
(B) submits to the appropriate congressional
committees a report that contains the reasons for the
determination.
(2) Form of report.--A report submitted under paragraph
(1)(B) shall be submitted in unclassified form, but may contain
a classified annex.
SEC. 124. EXPORTATION OF PETROLEUM, OIL, AND NATURAL GAS PRODUCED BY
IRAN'S ISLAMIC REVOLUTIONARY GUARD CORPS OR ITS
AFFILIATES.
(a) In General.--Except as provided in subsection (c), the
President shall impose the sanctions described in section 6(a) of the
Iran Sanctions Act of 1996 (Public Law 104-172; 50 U.S.C. 1701 note)
with respect to a person if the President determines that the person
knowingly, on or after the date of the enactment of this Act, provides
any service described in subsection (b) with respect to the exportation
of petroleum, oil, or liquified natural gas to be refined or otherwise
processed outside of the Islamic Republic of Iran if--
(1) Iran's Islamic Revolutionary Guard Corps or any of its
affiliates were directly and significantly involved in the
development, extraction, production, transportation, or sale of
such petroleum, oil, or liquefied natural gas in Iran; and
(2)(A) the fair market value of such petroleum, oil, or
liquefied natural gas is $1,000,000 or more; or
(B) during a 12-month period, the aggregate fair market
value of such petroleum, oil, or liquefied natural gas is
$5,000,000 or more.
(b) Services Described.--The services described in this subsection
are--
(1) refining or otherwise processing petroleum, oil, or
liquefied natural gas;
(2) the provision of ships or shipping services; or
(3) financing, brokering, underwriting, or providing
insurance or reinsurance.
(c) Exception for Underwriters and Insurance Providers Exercising
Due Diligence.--The President may not impose sanctions under this
section with respect to a person that provides underwriting services or
insurance or reinsurance if the President determines that the person
has exercised due diligence in establishing and enforcing official
policies, procedures, and controls to ensure that the person does not
underwrite or enter into a contract to provide insurance or reinsurance
with respect to the exportation of petroleum, oil, or liquefied natural
gas in violation of subsection (a).
SEC. 125. RULE OF CONSTRUCTION.
Nothing in this title shall be construed to limit the authority of
the President to designate foreign persons or foreign entities for
inclusion in the Annex to Executive Order 13382 (70 Fed. Reg. 38567;
relating to blocking property of weapons of mass destruction
proliferators and their supporters).
Subtitle C--Human Rights Sanctions
SEC. 131. DEFINITIONS.
In this subtitle:
(1) Admitted; alien.--The terms ``admitted'' and ``alien''
have the meanings given those terms in section 101(a) of the
Immigration and Nationality Act (8 U.S.C. 1101(a)).
(2) Appropriate congressional committees.--The term
``appropriate congressional committees'' means--
(A) the Committee on Foreign Relations, the
Committee on Finance, and the Committee on Banking,
Housing, and Urban Affairs of the Senate; and
(B) the Committee on Foreign Affairs, the Committee
on Ways and Means, and the Committee on Financial
Services of the House of Representatives.
(3) Credible information.--The term ``credible
information'' has the meaning given that term in section
4(e)(4) of the Iran Sanctions Act of 1996, as amended by
section 104(b) of this Act.
(4) Knowingly.--The term ``knowingly'' has the meaning
given that term in section 14 of the Iran Sanctions Act of 1996
(Public Law 104-172; 50 U.S.C. 1701 note).
(5) United states person.--The term ``United States
person'' has the meaning given that term in section 101(10) of
the Comprehensive Iran Sanctions, Accountability, and
Divestment Act of 2010 (22 U.S.C. 8511(10)).
SEC. 132. IMPOSITION OF SANCTIONS WITH RESPECT TO THE TRANSFER OF GOODS
OR TECHNOLOGIES TO THE ISLAMIC REPUBLIC OF IRAN THAT MAY
BE USED TO COMMIT HUMAN RIGHTS ABUSES.
(a) Investigations; Determinations.--
(1) In general.--Except as provided in paragraph (3), upon
receiving credible information that a person may have engaged
in an activity described in paragraph (2), the President shall
initiate an investigation and, not later than 180 days after
initiating the investigation, make a determination with respect
to whether that person engaged in that activity.
(2) Activity described.--
(A) In general.--A person engages in an activity
described in this subparagraph if the person knowingly,
on or after the date of the enactment of this Act--
(i) transfers, or facilitates the transfer
of, goods or technologies described in
subparagraph (C) to the Islamic Republic of
Iran; or
(ii) provides services with respect to
goods or technologies described in subparagraph
(C) after such goods or technologies are
transferred to the Islamic Republic of Iran.
(B) Applicability to contracts and other
agreements.--A person engages in an activity described
in subparagraph (A) without regard to whether the
activity is carried out pursuant to a contract or other
agreement entered into before, on, or after the date of
the enactment of this Act.
(C) Goods or technologies described.--Goods or
technologies described in this subparagraph are--
(i) firearms or ammunition (as those terms
are defined in section 921 of title 18, United
States Code), accessories for firearms, rubber
bullets, clubs, batons, police sticks, mace,
stun grenades, tasers or other electroshock
weapons, tear gas, water cannons, motorcycles,
or surveillance technology, if any of such
goods or technologies may be used by the
Government of the Islamic Republic of Iran or
any of its agencies or instrumentalities;
(ii) sensitive technology (as defined in
section 106(c) of the Comprehensive Iran
Sanctions, Accountability, and Divestment Act
of 2010 (22 U.S.C. 8515(c)); and
(iii) other goods or technologies that the
President determines may be used by the
Government of the Islamic Republic of Iran, or
any of its agencies or instrumentalities, to
commit human rights abuses against the people
of the Islamic Republic of Iran.
(3) Special rule to allow for termination of sanctionable
activity.--The President shall not be required to initiate an
investigation, and may terminate an investigation, under this
subsection if the President certifies in writing to the
appropriate congressional committees that--
(A) the person whose activity was the basis for the
investigation is no longer engaging in the activity or
has taken significant verifiable steps toward stopping
the activity; and
(B) the President has received reliable assurances
that the person will not knowingly engage in an
activity described in paragraph (2) in the future.
(b) List.--
(1) In general.--The President shall submit to the
appropriate congressional committees a list of each person the
President determines has engaged in an activity described in
subsection (a)(2)--
(A) not later than 210 days after the date of the
enactment of this Act, and every 180 days thereafter;
and
(B) as new information becomes available.
(2) Form of list.--The list required by paragraph (1) shall
be submitted in unclassified form but may contain a classified
annex.
(c) Asset Freeze.--The President shall freeze and prohibit all
transactions in all property and interests in property of a person on
the list required by subsection (b) if such property and interests in
property are in the United States, come within the United States, or
are or come within the possession or control of a United States person.
(d) Waiver Authority.--The President may waive the application of
this section with respect to a person if the President--
(1) determines that such a waiver is in the national
interest of the United States; and
(2) submits to the appropriate congressional committees a
report describing the reasons for the waiver.
(e) Termination.--The provisions of this section shall terminate on
the date described in section 105(d) of the Comprehensive Iran
Sanctions, Accountability, and Divestment Act of 2010 (22 U.S.C.
8514(d)).
SEC. 133. IRAN FREEDOM SUPPORT ACT REAUTHORIZATION.
(a) Additional Forms of Assistance.--Section 302(a)(1) of the Iran
Freedom Support Act (Public Law 109-293; 22 U.S.C. 2151 note) is
amended by adding at the end the following: ``Such assistance may also
include the award of grants and the formation of public-private
partnerships to facilitate or subsidize the enrollment in or directly
provide Internet-based Farsi- or English-language higher education
courses for people in Iran denied access to higher education solely on
the basis of their race, religion, ethnicity, language, sexual
orientation, belief, political opinion, membership in a political party
or independent labor union, or lifestyle.''.
(b) Use of Near East Regional Democracy Funds.--Section 302(c)(1)
of such Act is amended by striking ``and the Human Rights and Democracy
Fund'' and inserting ``the Human Rights and Democracy Fund, and the
Near East Regional Democracy program''.
(c) Reauthorization.--Section 302(f) of such Act is amended by
striking ``2011'' and inserting ``2016''.
SEC. 134. SPECIAL REPRESENTATIVE ON HUMAN RIGHTS AND DEMOCRACY IN THE
ISLAMIC REPUBLIC OF IRAN.
(a) Appointment.--The President shall appoint a Special
Representative on Human Rights and Democracy in the Islamic Republic of
Iran (in this section and section 135 referred to as the ``Special
Representative'') within the Department of State.
(b) Qualifications.--The Special Representative should be a person
of recognized distinction in the field of human rights and democracy
promotion who shall have the rank of ambassador and shall hold the
office at the pleasure of the President.
(c) Duties.--The Special Representative shall carry out the
following duties:
(1) Coordinate United States Government-wide activities
that promote human rights, democracy, political freedom, and
religious freedom inside the Islamic Republic of Iran.
(2) Coordinate United States Government-wide activities
that promote human rights, political freedom, and religious
freedom for Iranian refugees and asylees living outside the
Islamic Republic of Iran.
(3) Ensure the comprehensive investigation and designation
of Iranian human rights abusers in accordance with section 105
of the Comprehensive Iran Sanctions, Accountability, and
Divestment Act of 2011 (22 U.S.C. 8514).
(4) Coordinate the documentation and publicity of political
dissidents and cases of human rights abuse inside the Islamic
Republic of Iran.
(5) Coordinate multilateral efforts to build international
support for the promotion of human rights, democracy, political
freedom, and religious freedom in the Islamic Republic of Iran,
including broadcasting, Internet access, and dissemination of
information.
(6) Encourage the United Nations, multilateral
organizations, and human rights nongovernmental organizations
to more robustly investigate and report on human rights abuses
in the Islamic Republic of Iran.
(7) Encourage foreign governments to downgrade or sever
diplomatic relations with the Government of the Islamic
Republic of Iran, enact economic sanctions, and assist Iranian
dissidents in response to the Government of the Islamic
Republic of Iran's continued violations of human rights.
(8) Encourage foreign governments to expel the Islamic
Republic of Iran from international fora and organizations with
a human rights component, including the United Nations Human
Rights Council, the United Nations Commission on the Status of
Women, the United Nations Educational, Scientific and Cultural
Organization, the United Nations Children's Fund, and the
International Labour Organization.
(9) Coordinate all programs funded under the Iran Freedom
Support Act (Public Law 109-293; 22 U.S.C. 2151 note).
(d) Authority.--
(1) Coordination of activities.--The Special Representative
shall coordinate all activities related to the Islamic Republic
of Iran carried out by the Bureau of Near Eastern Affairs, the
Bureau of Democracy, Human Rights and Labor, and the Bureau of
Population, Refugees and Migration of the Department of State,
the Ambassador at Large for International Religious Freedom,
and the Special Envoy to Monitor and Combat Anti-Semitism.
(2) Coordination of use of funds.--The Special
Representative shall coordinate and oversee the obligation and
expenditure of funds related to human rights, democracy,
Internet freedom, and broadcasting activities in the Islamic
Republic of Iran, including funds made available for such
purposes to the Middle East Partnership Initiative (MEPI), the
Broader Middle East, and North Africa Initiative, the Human
Rights and Democracy Fund, and Near Eastern Regional Democracy.
(e) Diplomatic Representation.--Subject to the direction of the
President and the Secretary of State, the Special Representative is
authorized to represent the United States in matters and cases relevant
to the promotion of human rights, democracy, political freedom, and
religious freedom in the Islamic Republic of Iran in--
(1) contacts with foreign governments, intergovernmental
organizations, and specialized agencies of the United Nations,
the Organization of Security and Cooperation in Europe, and
other international organizations of which the United States is
a member; and
(2) multilateral conferences and meetings relevant to the
promotion of human rights, democracy, political freedom, and
religious freedom in the Islamic Republic of Iran.
(f) Consultations.--The Special Representative shall consult with
domestic and international nongovernmental organizations, unions,
multilateral organizations and institutions as the Special
Representative considers appropriate to fulfill the purposes of this
Act.
(g) Funding.--Of prior year funds made available for ``Near East
Regional Democracy'', the Secretary of State shall provide to the
Special Representative such sums as may be necessary for fiscal year
2012 for the hiring of staff, for the conduct of investigations, and
for necessary travel to carry out the provisions of this Act.
SEC. 135. COMPREHENSIVE STRATEGY TO PROMOTE INTERNET FREEDOM AND ACCESS
TO INFORMATION IN THE ISLAMIC REPUBLIC OF IRAN.
Not later than 90 days after the date of the enactment of this Act,
the President, in coordination with the Special Representative on Human
Rights and Democracy in the Islamic Republic of Iran, shall submit to
the Committees on Appropriations and Foreign Affairs of the House of
Representatives and the Committees on Appropriations and Foreign
Relations of the Senate a comprehensive strategy developed in
consultation with the Department of State, other Federal agencies, the
National Endowment for Democracy, the Broadcasting Board of Governors,
and nongovernmental organizations, including current implementers and
unions, as appropriate, to--
(1) help the people of the Islamic Republic of Iran
produce, access, and share information freely and safely via
the Internet, including in Farsi and regional languages;
(2) support the development of counter-censorship
technologies that enable the citizens of the Islamic Republic
of Iran to undertake Internet activities without interference
from their government;
(3) increase the capabilities and availability of secure
mobile communications among human rights and democracy
activists in the Islamic Republic of Iran;
(4) provide resources for digital safety training for
media, unions, and academic and civil society organizations in
the Islamic Republic of Iran;
(5) increase the amount of accurate Internet content in
local languages in the Islamic Republic of Iran;
(6) increase emergency resources for the most vulnerable
human rights advocates seeking to organize, share information,
and support human rights in the Islamic Republic of Iran;
(7) expand surrogate radio, television, live stream, and
social network communications inside the Islamic Republic of
Iran and improve Voice of America's Persian News Network and
Radio Free Europe/Radio Liberty's Radio Farda to provide 24/7
hourly live news update and breaking news coverage capability;
(8) expand activities to safely assist and train human
rights, civil society, and union activists in the Islamic
Republic of Iran to operate effectively and securely;
(9) defeat all attempts by the Government of the Islamic
Republic of Iran to jam or otherwise deny international
satellite broadcasting signals; and
(10) expand worldwide United States embassy and consulate
programming for and outreach to Iranian dissident communities.
SEC. 136. EXPEDITED CONSIDERATION OF REQUESTS FOR AUTHORIZATION OF
HUMAN RIGHTS AND DEMOCRACY-RELATED ACTIVITIES WITH
RESPECT TO THE ISLAMIC REPUBLIC OF IRAN.
(a) Requirement.--The Office of Foreign Assets Control shall
establish a 30-day expedited process for the consideration of requests
for authorization of human rights or democracy-related activities
relating to the Islamic Republic of Iran submitted by--
(1) entities receiving funds from the Department of State;
(2) the Broadcasting Board of Governors; and
(3) other appropriate agencies of the United States
Government.
(b) Regulations.--The Secretary of the Treasury shall prescribe
such regulations as are appropriate to carry out the requirement in
subsection (a).
Subtitle D--General Provisions
SEC. 141. TERMINATION.
(a) In General.--The provisions of, and amendments made by, this
title (other than the amendments made by sections 104, 105, and 123)
shall terminate on the date that is 30 days after the date on which the
President certifies to Congress that the Government of the Islamic
Republic of Iran--
(1) has ceased and verifiably dismantled its efforts to
design, develop, manufacture, or acquire--
(A) a nuclear explosive device or related materials
and technology;
(B) chemical and biological weapons; and
(C) ballistic missiles and ballistic missile launch
technology;
(2) is no longer involved in acts of violence against the
people of the Islamic Republic of Iran;
(3) no longer provides support for acts of international
terrorism; and
(4) poses no threat to the national security, interests, or
allies of the United States.
(b) Notification.--The President shall notify the Committee on
Foreign Relations of the Senate and the Committee on Foreign Affairs of
the House of Representatives not later than 15 days before making a
certification described in subsection (a).
TITLE II--EXPANSION OF SANCTIONS WITH RESPECT TO THE ISLAMIC REPUBLIC
OF IRAN, NORTH KOREA, AND SYRIA
SEC. 201. DEFINITIONS.
In this title:
(1) Domestic financial institution; foreign financial
institution.--The terms ``domestic financial institution'' and
``foreign financial institution'' have the meanings given those
terms by the Secretary of the Treasury pursuant to section
104(i)(1)(D) of the Comprehensive Iran Sanctions,
Accountability, and Divestment Act of 2010 (22 U.S.C.
8513(i)(1)(D)).
(2) Financial institution.--The term ``financial
institution'' means a financial institution specified in
subparagraph (A), (B), (C), (D), (E), (F), (G), (H), (I), (J),
(M), or (Y) of section 5312(a)(2) of title 31, United States
Code.
SEC. 202. SANCTIONS APPLICABLE UNDER THE IRAN, NORTH KOREA, AND SYRIA
NONPROLIFERATION ACT.
(a) Sanctions for Acquiring Certain Materials and Providing Certain
Services.--Section 2 of the Iran, North Korea, and Syria
Nonproliferation Act (Public Law 106-178; 50 U.S.C. 1701 note) is
amended--
(1) in subsection (a)--
(A) in paragraph (1), by redesignating
subparagraphs (A) through (E) as clauses (i) through
(v), respectively, and by moving such clauses, as so
redesignated, 2 ems to the right;
(B) by redesignating paragraphs (1) and (2) as
subparagraphs (A) and (B), respectively, and by moving
such subparagraphs, as so redesignated, 2 ems to the
right;
(C) in the matter preceding subparagraph (A), as
redesignated, by striking ``indicating that that person
on or after January 1, 1999'' and inserting the
following: ``indicating that that person--
``(1) on or after January 1, 1999'';
(D) in paragraph (1)(B), as redesignated--
(i) by striking ``paragraph (1)'' and
inserting ``subparagraph (A)''; and
(ii) by striking the period at the end and
inserting a semicolon; and
(E) by adding at the end the following:
``(2) on or after the date of the enactment of the Iran,
North Korea, and Syria Sanctions Consolidation Act of 2011,
acquired materials mined or otherwise extracted within the
territory or control of North Korea; or
``(3) except as provided in subsection (f), on or after the
date of the enactment of the Iran, North Korea, and Syria
Sanctions Consolidation Act of 2011, knowingly provided a
vessel, insurance or reinsurance, or any other shipping service
for the transportation of goods to or from Iran, North Korea,
or Syria if those goods relate, directly or indirectly, to the
activities of Iran, North Korea, or Syria with respect to
weapons of mass destruction, support for acts of international
terrorism, or human rights abuses.''; and
(2) by adding at the end the following:
``(f) Waiver With Respect to Shipping Services for Emergency or
Humanitarian Purposes.--The President may waive, on a case-by-case
basis, the requirement under subsection (a)(3) to include in the list
required by subsection (a) foreign persons that provide vessels,
insurance or reinsurance, or other shipping services for the
transportation of goods to or from Iran, North Korea, or Syria if the
President certifies to the appropriate congressional committees that
such a waiver is necessary for emergency or humanitarian purposes.
``(g) Report With Respect to Petroleum From Iran.--Not later than
180 days after the date of the enactment of the Iran, North Korea, and
Syria Sanctions Consolidation Act of 2011, and every 180 days
thereafter, the President shall submit to the appropriate congressional
committees a report that--
``(1) describes in detail the countries and persons that
purchase petroleum, petroleum products, or natural gas from
Iran;
``(2) assesses the extent to which the member countries of
the Organization of the Petroleum Exporting Countries and other
countries that export a significant quantity of petroleum have
the capacity to increase production of petroleum and petroleum
products in a manner that would maintain the world supply of
petroleum and petroleum products in the event that Iran is no
longer able to export petroleum and petroleum products because
of economic sanctions, including economic embargoes, imposed
with respect to Iran by countries that purchase petroleum or
petroleum resources from Iran as of the date of the report; and
``(3) describes in detail the financial transactions that
take place, and the property that is located, in the United
States of--
``(A) any person identified under paragraph (1);
``(B) any person owned or controlled by a person
identified under paragraph (1); and
``(C) any person that holds a significant share of
the stock, or a significant number of votes on the
board of directors, of a person identified under
paragraph (1).
``(4) Form of reports.--A report submitted under this
subsection shall be submitted in unclassified form, but may
contain a classified annex.''.
(b) Application of Certain Measures.--Section 3 of the Iran, North
Korea, and Syria Nonproliferation Act is amended--
(1) by amending subsection (a) to read as follows:
``(a) Application of Measures.--Subject to sections 4 and 5, the
President may apply, for a period of not less than 2 years, the
measures described in subsection (b) with respect to--
``(1) each foreign person identified in a report submitted
under section 2(a);
``(2) each person that is a successor, subunit, or
subsidiary of a foreign person described in paragraph (1); and
``(3) each person that owns more than 50 percent of, or
controls in fact, a foreign person described in paragraph (1)
or a person described in paragraph (2).'';
(2) in subsection (b)--
(A) by amending paragraph (1) to read as follows:
``(1) Executive order 12938 prohibitions.--The measures set
forth in subsections (b), (c), and (d) of section 4 of
Executive Order 12938 (50 U.S.C. 1701 note; relating to
proliferation of weapons of mass destruction).'';
(B) in paragraph (2), by striking ``that foreign
person'' and inserting ``a person described in
subsection (a)'';
(C) in paragraph (3), by striking ``that person''
and inserting ``a person described in subsection (a)'';
and
(D) by adding at the end the following:
``(4) Investment prohibition.--Prohibition on any new
investment by a United States person in property, including
entities, owned or controlled by a person described in
subsection (a).
``(5) Financing prohibition.--Prohibition on any approval,
financing, or guarantee by a United States person, wherever
located, of a transaction by a person described in subsection
(a).
``(6) Financial assistance prohibition.--Denial by the
United States Government of any credit, credit guarantees,
grants, or other financial assistance by any agency of the
United States Government to a person described in subsection
(a).'';
(3) in subsection (c)--
(A) in the matter preceding paragraph (1), by
striking ``foreign person'' and inserting ``person
described in subsection (a)''; and
(B) in paragraphs (1), (2), and (3), by striking
``foreign'' each place it appears; and
(4) by amending subsection (d) to read as follows:
``(d) Publication in Federal Register.--
``(1) In general.--The President shall publish notice of
application of measures pursuant to subsection (a) in the
Federal Register.
``(2) Content.--Each notice published pursuant to paragraph
(1) shall include the name and address (where known) of each
person to which measures have been applied pursuant to
subsection (a).''.
(c) National Security Waiver.--Section 4 of the Iran, North Korea,
and Syria Nonproliferation Act is amended to read as follows:
``SEC. 4. WAIVER ON BASIS OF NATIONAL SECURITY.
``(a) In General.--The President may waive the application of any
measure under section 3 with respect to a person not earlier than 30
days after the President determines and reports in writing to the
appropriate congressional committees that the waiver is in the national
security interests of the United States.
``(b) Contents of Report.--A report submitted under subsection (a)
shall include--
``(1) a description of the circumstances and rationale
supporting the determination of the President that the waiver
is in the national security interests of the United States; and
``(2) an identification of--
``(A) the name and address (where known) of the
person to which the waiver will be applied;
``(B) in the case of activities described in
paragraphs (1) and (2) of section 2(a)--
``(i) the specific goods, services, or
technologies, the transfer or acquisition of
which would require the application of measures
pursuant to section 3 if the President had not
invoked the waiver authority under subsection
(a); and
``(ii) the name and address (where known)
of the person to which the goods, services, or
technology were transferred or from which the
goods, services, or technology were acquired
(as applicable); and
``(C) in the case of the provision of a vessel,
insurance or reinsurance, or another shipping service
described in section 2(a)(3)--
``(i) a description of the vessel or
service the provision of which would require
the application of measures pursuant to section
3 if the President had not invoked the waiver
authority under subsection (a); and
``(ii) the name and address (where known)
of the person to which the vessel or service
was provided.
``(c) Form.--A report submitted under subsection (a) shall be
submitted in unclassified form, but may contain a classified annex.''.
(d) Prohibition on Landing in the United States of Vessels That
Have Landed in Iran, North Korea, or Syria.--The Iran, North Korea, and
Syria Nonproliferation Act, as amended by this section, is further
amended by adding at the end the following:
``SEC. 8. PROHIBITION ON CERTAIN VESSELS LANDING IN THE UNITED STATES;
ENHANCED INSPECTIONS.
``(a) Prohibition on Certain Vessels Landing in the United
States.--On and after the date of the enactment of the Iran, North
Korea, and Syria Sanctions Consolidation Act of 2011, a vessel may not
knowingly land at any port in the United States to load or unload cargo
or engage in the trade of goods or services if the vessel entered a
port in Iran, North Korea, or Syria during the 180-day period preceding
arrival of the vessel at the port in the United States.
``(b) Enforcement; Enhanced Inspections.--Not later than 180 days
after the date of the enactment of the Iran, North Korea, and Syria
Sanctions Consolidation Act of 2011, the Secretary of Homeland
Security, in consultation with the Secretary of the Treasury and the
Secretary of Commerce, shall prescribe regulations that--
``(1) require each vessel requesting to land at a port in
the United States to certify that the vessel is not prohibited
from landing at that port under subsection (a);
``(2) provide for, with respect to any vessel that provides
a false certification under paragraph (1)--
``(A) the prohibition, for a period of 2 years, on
that vessel landing at a port in the United States; or
``(B) the prosecution of the owner of that vessel
under title 18, United States Code, if the penalty
provided for under such title is greater than the
penalty described in subparagraph (A);
``(3) provide a mechanism for identifying foreign ports at
which vessels have landed during the preceding 180-day period
that have also landed at ports in Iran, North Korea, or Syria
during that period;
``(4) require enhanced inspection of all vessels arriving
at a port in the United States from a foreign port identified
under paragraph (3); and
``(5) set forth procedures for inspecting each vessel
described in paragraph (4) that are sufficiently rigorous to
establish whether the vessel was involved, during the 180-day
period preceding the arrival of the vessel at the port in the
United States, in any activity that would be subject to
sanctions under this Act or any other provision of law.
``(c) National Security Waiver.--The Secretary of Homeland
Security, in consultation with the Secretary of the Treasury and the
Secretary of Commerce, may waive the application of subsections (a) and
(b) with respect to a vessel not earlier than 30 days after the
Secretary of Homeland Security--
``(1) determines that the waiver is in the national
security interests of the United States; and
``(2) submits to the appropriate congressional committees a
report describing the reasons for the determination.
``(d) Port Defined.--For purposes of this section, the term `port'
means a seaport.''.
(e) Conforming Amendments.--The Iran, North Korea, and Syria
Nonproliferation Act, as amended by this section, is further amended--
(1) in section 2(a), by striking ``Committee on
International Relations of the House of Representatives and the
Committee on Foreign Relations of the Senate'' and inserting
``appropriate congressional committees'';
(2) in section 5--
(A) in the section heading, by striking ``sections
3 and 4'' and inserting ``section 3''; and
(B) in subsection (a)--
(i) in the matter preceding paragraph (1),
by striking ``Sections 3 and 4 shall not apply
to a foreign person 15 days after the President
reports to the Committee on International
Relations of the House of Representatives and
the Committee on Foreign Relations of the
Senate'' and inserting ``The measures described
in section 3(b) shall not apply to a person
described in section 3(a) 15 days after the
President reports to the appropriate
congressional committees'';
(ii) by redesignating paragraphs (1)
through (4) as subparagraphs (A) through (D),
respectively, and by moving such subparagraphs,
as so redesignated, 2 ems to the right;
(iii) by inserting after ``that--'' the
following:
``(1) in the case of a transfer or acquisition of goods,
services, or technology described in section 2(a)(1)--'';
(iv) in paragraph (1)(C), as redesignated,
by striking ``section 2(a)(1)'' and inserting
``section 2(a)(1)(A)'';
(v) in paragraph (1)(D), as redesignated,
by striking the period and inserting a
semicolon; and
(vi) by adding at the end the following:
``(2) in the case of an acquisition of materials mined or
otherwise extracted within the territory of North Korea
described in section 2(a)(2), the person did not acquire such
materials; or
``(3) in the case of the provision of a vessel, insurance
or reinsurance, or another shipping service for the
transportation of goods to or from Iran, North Korea, or Syria
described in section 2(a)(3), the person did not provide such a
vessel or service.''; and
(C) in subsection (b)--
(i) in paragraph (1), by striking ``each
foreign person identified in each report
submitted pursuant to section 2(a)'' and
inserting ``each person described in section
3(a)''; and
(ii) in paragraph (2), by striking ``a
foreign person identified in a report submitted
pursuant to section 2(a)'' and inserting ``a
person described in section 3(a)''; and
(3) in section 6--
(A) by striking ``Committee on International
Relations'' each place it appears and inserting
``Committee on Foreign Affairs''; and
(B) by striking ``Committee on Science'' each place
is appears and inserting ``Committee on Science and
Technology''.
(f) Definitions.--Section 7 of the Iran, North Korea, and Syria
Nonproliferation Act is amended--
(1) in paragraph (2)--
(A) in the paragraph heading, by striking ``;
person'';
(B) in the matter preceding subparagraph (A), by
striking ``The terms `foreign person' and `person'
mean'' and inserting ``The term `foreign person'
means'';
(C) in subparagraph (B), by striking the semicolon
and inserting ``; and'';
(D) in subparagraph (C), by striking ``; and'' and
inserting a period; and
(E) by striking subparagraph (D);
(2) by striking paragraph (3) and redesignating paragraphs
(4) and (5) as paragraphs (3) and (4), respectively; and
(3) by adding at the end the following:
``(5) United states person.--The term `United States
person' means--
``(A) a natural person who is a citizen or resident
of the United States; or
``(B) an entity that is organized under the laws of
the United States or any State or territory thereof.
``(6) Appropriate congressional committees.--The term
`appropriate congressional committees' means the Committee on
Foreign Affairs and the Committee on Financial Services of the
House of Representatives and the Committee on Foreign Relations
and the Committee on Banking, Housing, and Urban Affairs of the
Senate.
``(7) Vessel.--The term `vessel' has the meaning given that
term in section 1081 of title 18, United States Code.''.
SEC. 203. IDENTIFICATION OF, AND IMMIGRATION RESTRICTIONS ON, SENIOR
OFFICIALS OF THE GOVERNMENTS OF THE ISLAMIC REPUBLIC OF
IRAN, NORTH KOREA, AND SYRIA, AND THEIR ASSOCIATES.
(a) Identification.--Not later than 180 days after the date of the
enactment of this Act, and annually thereafter, the President shall
publish a list of each individual the President determines is--
(1) a senior official of the Government of the Islamic
Republic of Iran, North Korea, or Syria, including a member of
Iran's Islamic Revolutionary Guard Corps; or
(2) a close associate of an individual described in
paragraph (1).
(b) Restrictions on Visas and Adjustments in Immigration Status.--
If the Secretary of State or the Secretary of Homeland Security, as
appropriate, determines that there is credible evidence that an
individual is on the list required by subsection (a), the Secretary of
State or the Secretary of Homeland Security may not grant the
individual immigration status in, or admit the individual to, the
United States.
(c) Waiver for National Interests.--The President may waive the
application of subsection (a) with respect to individual if the
President--
(1) determines that such a waiver is in the national
interests of the United States; and
(2) not less than 7 days before the waiver takes effect,
notifies Congress of the waiver and the reason for the waiver.
SEC. 204. REPORTS BY CERTAIN FINANCIAL INSTITUTIONS WITH RESPECT TO
ACTIVITIES CARRIED OUT WITH SANCTIONED FINANCIAL
INSTITUTIONS.
(a) In General.--Not later than 180 days after the date of the
enactment of this Act, the Secretary of the Treasury shall prescribe
regulations requiring each domestic financial institution and any
foreign financial institution that operates in the United States to
report to the Secretary with respect to whether the financial
institution engages in any transactions with--
(1) any financial institution whose property or interests
in are blocked pursuant to the International Emergency Economic
Powers Act (50 U.S.C. 1701 et seq.) as a result of the
involvement of that financial institution in any activity in or
by the Islamic Republic of Iran, North Korea, or Syria with
respect to support for acts of international terrorism or the
proliferation of weapons of mass destruction; or
(2) any financial institution that engages in any
transactions with a financial institution described in
paragraph (1).
(b) Penalties.--
(1) Prohibition on operating in the united states.--A
foreign financial institution that operates in the United
States may not continue to operate in the United States if the
institution--
(A) reports that the institution engages in
transactions with a financial institution described in
paragraph (1) or (2) of subsection (a);
(B) does not submit a report required by that
subsection after the Secretary of the Treasury has
warned the institution 2 times that it is required to
submit that report; or
(C) submits a false report under that subsection
and does not correct the factual errors in the report
after the Secretary of the Treasury has warned the
institution 2 times about the errors.
(2) Restriction on domestic financial institutions.--A
domestic financial institution may not conduct any transactions
with a financial institution that--
(A) is required to submit a report under subsection
(a); and
(B)(i) does not submit a report required by
subsection (a);
(ii) reports under that subsection that the
financial institution engages in transactions with
financial institutions described in paragraph (1) or
(2) of that subsection; or
(iii) submits a false report under that subsection.
(c) Waiver.--The President may waive the application of a penalty
under subsection (b) with respect to a financial institution on a case-
by-case basis if the President--
(1) certifies to the appropriate congressional committees
that the waiver is in the national security interests of the
United States; and
(2) submits to those committees not less than 15 days
before the waiver takes effect a report that--
(A) identifies the financial institution to which
the waiver applies by name; and
(B) provides an explanation for the need for the
waiver.
SEC. 205. SANCTIONS WITH RESPECT TO CRITICAL DEFENSE RESOURCES PROVIDED
TO OR ACQUIRED FROM THE ISLAMIC REPUBLIC OF IRAN, NORTH
KOREA, OR SYRIA.
(a) In General.--The President shall apply the sanctions described
in subsection (b) to any person the President determines is providing
to, or acquiring from, the Islamic Republic of Iran, North Korea, or
Syria any good or technology that the President determines is used, or
is likely to be used, for military applications.
(b) Sanctions Described.--The sanctions described in this
subsection are, with respect to a person described in subsection (a),
the following:
(1) Foreign exchange.--Prohibiting any transactions in
foreign exchange that are subject to the jurisdiction of the
United States and in which that person has any interest.
(2) Banking transactions.--Prohibiting any transfers of
credit or payments between financial institutions or by,
through, or to any financial institution, to the extent that
such transfers or payments are subject to the jurisdiction of
the United States and involve any interest of that person.
(3) Property transactions.--Prohibiting any person from--
(A) acquiring, holding, withholding, using,
transferring, withdrawing, transporting, importing, or
exporting any property that is subject to the
jurisdiction of the United States and with respect to
which the person described in subsection (a) has any
interest;
(B) dealing in or exercising any right, power, or
privilege with respect to such property; or
(C) conducting any transaction involving such
property.
(4) Loan guarantees.--Prohibiting the head of any Federal
agency from providing a loan guarantee to that person.
(c) Restrictions on Export Licenses for Nuclear Cooperation and
Certain Loan Guarantees.--Before issuing a license for the exportation
of any article pursuant to an agreement for cooperation under section
123 of the Atomic Energy Act of 1954 (42 U.S.C. 2153) or approving a
loan guarantee or any other assistance provided by the United States
Government with respect to a nuclear energy projects, the Secretary of
Energy, the Secretary of Commerce, and the Nuclear Regulatory
Commission shall certify to Congress that issuing the license or
approving the loan guarantee or other assistance (as the case may be)
will not permit the transfer of any good or technology described in
subsection (a) to the Islamic Republic of Iran, North Korea, or Syria.
<all>
Introduced in Senate
Read twice and referred to the Committee on Foreign Relations.
Committee on Banking, Housing, and Urban Affairs. Hearings held. Hearings printed: S.Hrg. 112-332.
Llama 3.2 · runs locally in your browser
Ask anything about this bill. The AI reads the full text to answer.
Enter to send · Shift+Enter for new line