(This measure has not been amended since it was introduced. The summary has been expanded because action occurred on the measure.)
Iran Sanctions, Accountability, and Human Rights Act of 2012 - Title I: Expansion of Multilateral Sanctions Regime with Respect to Iran - (Sec. 101) Declares that it is U.S. policy to: (1) prevent Iran from acquiring or developing nuclear weapons, ballistic missiles, and advanced conventional weapons; and (2) implement all sanctions against Iran in order to compel Iran to abandon nuclear weapons efforts and to cease support for terrorism.
(Sec. 102) Expresses the sense of Congress that compelling Iran to abandon its efforts to acquire a nuclear weapons capability and other threatening activities can be achieved through the implementation and intensification of enforcement of a multilateral sanctions regime.
(Sec. 103) Urges the President to initiate diplomatic efforts to expand the multilateral sanctions regime regarding Iran.
(Sec. 104) Expresses the sense of Congress that: (1) the President should seek to maximize the effects of existing sanctions on Iran, and (2) the United States should take all necessary measures to preserve information-sharing activities.
Title II: Expansion of Sanctions Relating to the Energy Sector of Iran and Proliferation of Weapons of Mass Destruction by Iran - Subtitle A: Expansion of Iran Sanctions Act of 1996 - (Sec. 201) Amends the Iran Sanctions Act of 1996 to impose specified sanctions on a person that knowingly participates in certain petroleum resource development joint ventures outside of Iran if the Iranian government is a substantial partner or investor in the joint venture, or if Iran could, through such joint venture, receive new technology or equipment that could significantly contribute to its development of petroleum resources in Iran.
(Sec. 202) Imposes specified sanctions on a person that knowingly sells, leases, or provides to Iran certain petroleum and infrastructure development-related resources goods, services, technology, or support: (1) any of which has a fair market value of $1 million or more; or (2) that, during a 12-month period, have an aggregate fair market value of $5 million or more.
Imposes specified sanctions on a person knowingly selling, leasing, or providing to Iran certain petrochemical development-related goods, services, technology, or support: (1) any of which has a fair market value of $250,000 or more; or (2) that, during a 12-month period, have an aggregate fair market value of $1 million or more.
(Sec. 203) Imposes specified sanctions on a person knowingly participating in certain joint ventures with Iran's government, Iranian entities, or persons acting for or on behalf of Iran in the mining, production, or transportation of uranium.
Exempts a person from sanctions if the person withdraws from such joint ventures within 180 days after enactment of this Act.
(Sec. 204) Authorizes the President to: (1) direct the Secretary of State to exclude from the United States an alien who is a corporate officer, principal, or controlling shareholder in a sanctioned firm; and (2) impose sanctions against the principal executive officer or other principal executive officers of a sanctioned firm.
Subtitle B: Additional Measures Relating to Sanctions Against Iran - (Sec. 211) Directs the President to block the property and related interests in the United States or under the control of a U.S. person of a person that knowingly provides ships, insurance or reinsurance, or other shipping services for transportation of goods that materially contribute to Iran's proliferation of weapons of mass destruction (WMD) program or its terrorism-related activities.
Authorizes the President to waive such provisions if in the U.S. national security interest.
(Sec. 212) Amends the Comprehensive Iran Sanctions, Accountability, and Divestment Act of 2010 to impose sanctions on entities controlled or owned by a person sanctioned by U.N. Security Council resolutions regarding Iran.
(Sec. 213) Prohibits an entity owned or controlled by a U.S. person and established or maintained outside the United States from engaging in any transaction with Iran or a person under Iran's jurisdiction that would be prohibited if the transaction were engaged in by a U.S. person or in the United States. Imposes specified civil penalties for violations of such prohibition.
Exempts a person from such provisions if the person divests or terminates its business with the entity within 180 days after enactment of this Act.
(Sec. 214) Amends the Securities Exchange Act of 1934 to require securities issuers to disclose in detail 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.
Requires: (1) an issuer to disclose in a separate SEC filing that any such activity has been included in an annual or quarterly report, (2) the SEC to transit the report to the President and Congress, and (3) the President to initiate an investigation into the possible imposition of sanctions.
(Sec. 215) Directs the President to publish a list of senior Iranian officials (and family members) involved in Iran's: (1) illicit nuclear activities or WMD proliferation, (2) support for international terrorism, or (3) human rights abuses against Iranian citizens. Prohibits such persons from being granted U.S. immigration status for admission.
Authorizes the President to waive such provisions if in the U.S. national interest.
(Sec. 216) Sets forth reporting requirements regarding: (1) financial communications services to the Central Bank of Iran; (2) foreign entities investing in Iran's energy sector; and (3) petroleum imports to, and exports from, Iran.
Title III: Sanctions with Respect to Iran's Revolutionary Guard Corps - Subtitle A: Identification of, and Sanctions with Respect to, Officials, Agents, Affiliates, and Supporters of Iran's Revolutionary Guard Corps and Other Sanctioned Persons - (Sec. 301) Directs the President to identify and designate for sanctions, exclusion from the United States, and freezing of assets officials, affiliates, and agents of Iran's Islamic Revolutionary Guard Corps (IRGC) that are not already designated for the imposition of sanctions pursuant to the International Emergency Economic Powers Act.
Requires investigative priority for foreign persons: (1) identified with the government of Iran; and (2) who have conducted transactions with Iran relating to petroleum, petrochemicals, energy resources, finances, nuclear, chemical or ballistic weapons, or sensitive technologies.
(Sec. 302) Directs the President to identify and impose specified mandatory and discretionary sanctions upon a foreign person who knowingly: (1) assists or engages in any significant transactions with the IRGC or its agents and affiliates, (2) engages in any significant transactions with a person subject to U.N. sanctions relating to Iran.
Authorizes the President to waive the imposition of sanctions if the person has terminated the activity or for reasons of U.S. national security.
(Sec. 303) Prohibits anything in this subtitle from being construed to limit the President's authority to designate foreign persons for the imposition of sanctions pursuant to the International Emergency Economic Powers Act.
Subtitle B: Additional Measures Relating to Iran's Revolutionary Guard Corps - (Sec. 311) Amends the Iran Sanctions Act of 1996 to require certification by prospective U.S. government contractors that neither they nor their subsidiaries have engaged in significant economic transactions with the IRGC, or its officials, agents, or affiliates whose property is blocked pursuant to the International Emergency Economic Powers Act.
(Sec. 312) Amends the Comprehensive Iran Sanctions, Accountability, and Divestment Act of 2010 to direct the Secretary of the Treasury to determine whether the National Iranian Oil Company (NIOC) or the National Iranian Tanker Company (NITC) is an IRGC agent or affiliate and submit such determination to Congress.
States that such provisions shall apply to petroleum transactions for NIOC or NITC 180 days after enactment of this Act, but only if the President determines that there is a sufficient supply of petroleum and petroleum products in countries other than Iran to permit purchasers to significantly reduce petroleum and petroleum product purchases from Iran.
Title IV: Measures Relating to Human Rights Abuses in Iran - Subtitle A: Expansion of Sanctions Relating to Human Rights Abuses in Iran - (Sec. 401) Amends the Comprehensive Iran Sanctions, Accountability, and Divestment Act of 2010 to direct the President to identify and submit a list to Congress of persons who have knowingly transferred to Iran goods or technology, or provided post-transfer services, that are likely to be used by the government of Iran to commit human rights abuses.
Directs the President to: (1) freeze the assets of listed persons, and (2) impose additional sanctions if such transfers are made to the IRGC.
(Sec. 402) Directs the President to impose specified sanctions against persons that have engaged in censorship or repression of the rights of freedom of expression or assembly of Iran's citizens.
Subtitle B: Additional Measures to Promote Human Rights in Iran - (Sec. 411) Requires the Office of Foreign Assets Control to expedite processing of Iran-related humanitarian, human rights and democratization aid by entities receiving funds from the Department of State, the Broadcasting Board of Governors, and other U.S. agencies.
(Sec. 412) Directs the President to submit a comprehensive strategy to Congress regarding the promotion of Internet freedom and information access in Iran.
(Sec. 413) Expresses the sense of Congress that: (1) the Secretary should support efforts to identify prisoners of conscience and cases of human rights abuses in Iran, and (2) the U.S. government should offer refugee status or political asylum in the United States to Iranian political dissidents if requested and consistent with U.S. laws and national security interests.
Title V: Miscellaneous - (Sec. 501) Denies admission to, or excludes from, the United States an Iranian citizen seeking to enter the United States to study at an institution of higher education to prepare for a career in Iran's energy or nuclear sectors.
(Sec. 502) Amends the National Defense Authorization Act for Fiscal Year 2012 to exclude the transfer of agricultural commodities from specified sanctionable activities with Iran.
(Sec. 503) States that the property interest of Iran in: (1) a blocked asset shall include an interest in property of any nature whatsoever, including any direct or indirect interest in securities or other financial assets immobilized or in any other manner held in book entry form and credited to a securities account in the United States, or in any funds transfers held in a U.S. financial institution; (2) securities or other financial assets immobilized or in any other manner held in book entry form and credited to a securities account in the United States shall be deemed to exist at every tier of securities intermediary necessary to hold an interest in any such securities or other financial assets; and (3) a funds transfer shall exist at any intermediary bank necessary to complete such funds transfer.
States that property of Iran shall be deemed to be property in the United States of Iran if that property is: (1) an interest, held for Iran's benefit or for the benefit of any securities intermediary that directly or indirectly holds the interest for Iran's benefit, in securities or other financial assets that are represented by certificates or are in other physical form and are immobilized, custodized, or held for safekeeping or any other reason in the United States; or (2) an interest in securities or other financial assets held in book entry form or otherwise, and credited to a securities account in the United States by any securities intermediary directly or indirectly for Iran's benefit or for the benefit of any other securities intermediary that directly or indirectly holds the interest for Iran's benefit.
States that: (1) an interest in securities or other financial assets is held and credited to a securities account in the United States by a securities intermediary if the securities intermediary is located in the United States; and (2) ownership by Iran, or its central bank or monetary authority, of any property shall be deemed to be commercial activity in the United States and that property, including any interest in that property, shall be deemed not to be held for the central bank's or monetary authority's own account.
Revises provisions regarding exceptions to the immunity from attachment or execution of a foreign state's property in the United States.
(Sec. 504) Sets forth reporting requirements regarding Iranian membership in, and U.S. contributions to, international organizations.
Title VI: General Provisions - (Sec. 601) Applies certain penalties under the International Emergency Economic Powers Act to persons violating specified provisions of this Act and the Comprehensive Iran Sanctions Accountability and Divestment Act of 2010.
(Sec. 602) Prohibits anything in this Act from applying to authorized U.S. intelligence activities.
Title VII: Sanctions with Respect to Human Rights Abuses in Syria - Syria Human Rights Accountability Act of 2012 - (Sec. 702) Directs the President to identify and impose specified sanctions on: (1) Syrian government officials or persons acting on behalf of that government who are responsible for or complicit in the commission of serious human rights abuses against Syrian citizens or their family members, regardless of whether such abuses occurred in Syria; (2) persons who knowingly transfer or facilitate the transfer of goods or technologies (weapons, surveillance technology, or technology to restrict free speech or the flow of information) that are likely to be used by Syria to commit human rights abuses against the Syrian people; and (3) persons who engage in censorship that prohibits, limits, or penalizes freedom of expression by Syrian citizens.
Authorizes the President to waive such provisions if in the U.S. national security interest.
(Sec. 706) Terminates such provisions if the President certifies to Congress that the government of Syria is democratically elected and representative of the people of Syria or that a legitimate transitional government of Syria is in place.
[Congressional Bills 112th Congress]
[From the U.S. Government Publishing Office]
[S. 2101 Reported in Senate (RS)]
Calendar No. 320
112th CONGRESS
2d Session
S. 2101
To strengthen the multilateral sanctions regime with respect to Iran,
to expand sanctions relating to the energy sector of Iran, the
proliferation of weapons of mass destruction by Iran, and human rights
abuses in Iran, and for other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
February 13, 2012
Mr. Johnson of South Dakota, from the Committee on Banking, Housing,
and Urban Affairs, reported the following original bill; which was read
twice and placed on the calendar
_______________________________________________________________________
A BILL
To strengthen the multilateral sanctions regime with respect to Iran,
to expand sanctions relating to the energy sector of Iran, the
proliferation of weapons of mass destruction by Iran, and human rights
abuses in Iran, 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 Sanctions,
Accountability, and Human Rights Act of 2012''.
(b) Table of Contents.--The table of contents for this Act is as
follows:
Sec. 1. Short title; table of contents.
Sec. 2. Findings.
Sec. 3. Definitions.
TITLE I--EXPANSION OF MULTILATERAL SANCTIONS REGIME WITH RESPECT TO
IRAN
Sec. 101. Policy of the United States with respect to development of
nuclear weapons capabilities by Iran.
Sec. 102. Sense of Congress on expansion of multilateral sanctions
regime and implementation of sanctions
laws.
Sec. 103. Diplomatic efforts to expand multilateral sanctions regime.
Sec. 104. Sense of Congress regarding the imposition of sanctions with
respect to Iran.
TITLE II--EXPANSION OF SANCTIONS RELATING TO THE ENERGY SECTOR OF IRAN
AND PROLIFERATION OF WEAPONS OF MASS DESTRUCTION BY IRAN
Subtitle A--Expansion of Iran Sanctions Act of 1996
Sec. 201. Imposition of sanctions with respect to joint ventures with
the Government of Iran relating to
developing petroleum resources.
Sec. 202. Imposition of sanctions with respect to the provision of
goods, services, technology, or support for
the energy or petrochemical sectors of
Iran.
Sec. 203. Imposition of sanctions with respect to joint ventures with
the Government of Iran relating to mining,
production, or transportation of uranium.
Sec. 204. Expansion of sanctions available under the Iran Sanctions Act
of 1996.
Sec. 205. Expansion of definitions under the Iran Sanctions Act of
1996.
Subtitle B--Additional Measures Relating to Sanctions Against Iran
Sec. 211. Imposition of sanctions with respect to the provision of
vessels or shipping services to transport
certain goods related to proliferation or
terrorism activities to Iran.
Sec. 212. Imposition of sanctions with respect to subsidiaries and
agents of persons sanctioned by United
Nations Security Council resolutions.
Sec. 213. Liability of parent companies for violations of sanctions by
foreign subsidiaries.
Sec. 214. Disclosures to the Securities and Exchange Commission
relating to sanctionable activities.
Sec. 215. Identification of, and immigration restrictions on, senior
officials of the Government of Iran and
their family members.
Sec. 216. Reports on, and authorization of imposition of sanctions with
respect to, the provision of financial
communications services to the Central Bank
of Iran and sanctioned Iranian financial
institutions.
Sec. 217. Government Accountability Office report on foreign entities
that invest in the energy sector of Iran or
export refined petroleum products to Iran.
Sec. 218. Reporting on the importation to and exportation from Iran of
crude oil and refined petroleum products.
TITLE III--SANCTIONS WITH RESPECT TO IRAN'S REVOLUTIONARY GUARD CORPS
Subtitle A--Identification of, and Sanctions With Respect to,
Officials, Agents, Affiliates, and Supporters of Iran's Revolutionary
Guard Corps and Other Sanctioned Persons
Sec. 301. Identification of, and imposition of sanctions with respect
to, officials, agents, and affiliates of
Iran's Revolutionary Guard Corps.
Sec. 302. Identification of, and imposition of sanctions with respect
to, persons that support or conduct certain
transactions with Iran's Revolutionary
Guard Corps or other sanctioned persons.
Sec. 303. Rule of construction.
Subtitle B--Additional Measures Relating to Iran's Revolutionary Guard
Corps
Sec. 311. Expansion of procurement prohibition to foreign persons that
engage in certain transactions with Iran's
Revolutionary Guard Corps.
Sec. 312. Determinations of whether the National Iranian Oil Company
and the National Iranian Tanker Company are
agents or affiliates of Iran's
Revolutionary Guard Corps.
TITLE IV--MEASURES RELATING TO HUMAN RIGHTS ABUSES IN IRAN
Subtitle A--Expansion of Sanctions Relating to Human Rights Abuses in
Iran
Sec. 401. Imposition of sanctions with respect to the transfer of goods
or technologies to Iran that are likely to
be used to commit human rights abuses.
Sec. 402. Imposition of sanctions with respect to persons who engage in
censorship or other related activities
against citizens of Iran.
Subtitle B--Additional Measures to Promote Human Rights in Iran
Sec. 411. Expedited consideration of requests for authorization of
certain human rights-, humanitarian-, and
democracy-related activities with respect
to Iran.
Sec. 412. Comprehensive strategy to promote Internet freedom and access
to information in Iran.
Sec. 413. Sense of Congress on political prisoners.
TITLE V--MISCELLANEOUS
Sec. 501. Exclusion of citizens of Iran seeking education relating to
the nuclear and energy sectors of Iran.
Sec. 502. Technical correction.
Sec. 503. Interests in financial assets of Iran.
Sec. 504. Report on membership of Iran in international organizations.
TITLE VI--GENERAL PROVISIONS
Sec. 601. Technical implementation; penalties.
Sec. 602. Applicability to certain intelligence activities.
Sec. 603. Termination.
TITLE VII--SANCTIONS WITH RESPECT TO HUMAN RIGHTS ABUSES IN SYRIA
Sec. 701. Short title.
Sec. 702. Imposition of sanctions with respect to certain persons who
are responsible for or complicit in human
rights abuses committed against citizens of
Syria or their family members.
Sec. 703. Imposition of sanctions with respect to the transfer of goods
or technologies to Syria that are likely to
be used to commit human rights abuses.
Sec. 704. Imposition of sanctions with respect to persons who engage in
censorship or other forms of repression in
Syria.
Sec. 705. Waiver.
Sec. 706. Termination.
SEC. 2. FINDINGS.
Congress makes the following findings:
(1) Successive Presidents of the United States have
determined that the pursuit of nuclear weapons capabilities by
the Government of Iran presents a danger to the United States,
its friends and allies, and to global security.
(2) Successive Congresses have recognized the threat that
the Government of Iran and its policies present to the United
States, its friends and allies, and to global security, and
responded with successive bipartisan legislative initiatives,
including most recently the enactment of the Comprehensive Iran
Sanctions, Accountability, and Divestment Act of 2010 (22
U.S.C. 8501 et seq.) on July 1, 2010.
(3) If the Government of Iran achieves a nuclear weapons
capability, it would pose a threat to the United States and
allies and friends of the United States, particularly Israel,
destabilize the Middle East, increase the threat of nuclear
terrorism, and significantly undermine global nonproliferation
efforts.
(4) The United States and its allies in the international
community recognize the threat posed by the pursuit of nuclear
weapons capabilities by the Government of Iran and have imposed
significant sanctions against the Government of Iran, including
through the enactment of the Comprehensive Iran Sanctions,
Accountability, and Divestment Act of 2010 in the United States
and the adoption of a series of successive, increasingly
stringent United Nations Security Council resolutions. While
such efforts, together with others, have served to slow the
development of Iran's nuclear program, they have not yet
deterred Iran from its nuclear ambitions, and international
efforts to do so must be intensified.
SEC. 3. DEFINITIONS.
In this Act:
(1) Appropriate congressional committees.--The term
``appropriate congressional committees'' 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).
(2) Credible information.--The term ``credible
information'' has the meaning given that term in section 14 of
the Iran Sanctions Act of 1996, as amended by section 205 of
this Act.
(3) 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).
(4) United states person.--The term ``United States
person'' has the meaning given that term in section 101 of the
Comprehensive Iran Sanctions, Accountability, and Divestment
Act of 2010 (22 U.S.C. 8511).
TITLE I--EXPANSION OF MULTILATERAL SANCTIONS REGIME WITH RESPECT TO
IRAN
SEC. 101. POLICY OF THE UNITED STATES WITH RESPECT TO DEVELOPMENT OF
NUCLEAR WEAPONS CAPABILITIES BY IRAN.
It shall be the policy of the United States--
(1) to prevent the Government of Iran from--
(A) acquiring or developing nuclear weapons;
(B) developing its advanced conventional weapons
and ballistic missile capabilities; and
(C) continuing its support for terrorist
organizations and other activities aimed at undermining
and destabilizing its neighbors and other countries;
and
(2) to fully implement all multilateral and bilateral
sanctions against Iran, as part of larger multilateral and
bilateral diplomatic efforts, in order to compel the Government
of Iran--
(A) to abandon efforts to acquire a nuclear weapons
capability;
(B) to abandon and dismantle its ballistic missile
and unconventional weapons programs; and
(C) to cease all support for terrorist
organizations and other terrorist activities aimed at
undermining and destabilizing its neighbors and other
countries.
SEC. 102. SENSE OF CONGRESS ON EXPANSION OF MULTILATERAL SANCTIONS
REGIME AND IMPLEMENTATION OF SANCTIONS LAWS.
It is the sense of Congress that the goal of compelling Iran to
abandon efforts to acquire a nuclear weapons capability and other
threatening activities can be effectively achieved through--
(1) the prompt expansion, vigorous implementation, and
intensification of enforcement of the current multilateral
sanctions regime with respect to Iran; and
(2) full and vigorous implementation of all sanctions
enacted into law, including sanctions imposed or expanded by
this Act or amendments made by this Act.
SEC. 103. DIPLOMATIC EFFORTS TO EXPAND MULTILATERAL SANCTIONS REGIME.
(a) Multilateral Negotiations.--In order to further the policy set
forth in section 101, Congress urges the President to intensify
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 Iran,
including--
(1) expanding the United Nations Security Council sanctions
regime to include--
(A) a prohibition on the issuance of visas to any
official of the Government of Iran who is involved in--
(i) human rights violations in or outside
of Iran;
(ii) the development of a nuclear weapons
program and a ballistic missile capability in
Iran; or
(iii) support by the Government of Iran for
terrorist organizations, including Hamas and
Hezbollah; and
(B) a requirement that each member country of the
United Nations prohibit the Islamic Republic of Iran
Shipping Lines from landing at seaports, and cargo
flights of Iran Air from landing at airports, in that
country because of the role of those organizations in
proliferation and illegal arms sales;
(2) expanding the range of sanctions imposed with respect
to Iran by allies of the United States;
(3) expanding efforts to limit the development of petroleum
resources and the importation of refined petroleum products by
Iran;
(4) developing additional initiatives to--
(A) increase the production of crude oil in
countries other than Iran; and
(B) assist countries that purchase or otherwise
obtain crude oil or petroleum products from Iran to
reduce their dependence on crude oil and petroleum
products from Iran; and
(5) eliminating the revenue generated by the Government of
Iran from the sale of petrochemical products produced in Iran
to other countries.
(b) Reports to Congress.--Not later than 180 days after the date of
the enactment of this Act, and every 180 days 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;
(3) recommendations for additional measures that the United
States could take to further the policy set forth in section
101; and
(4) a description of any decision by the World Trade
Organization with respect to whether the imposition by any
country of any sanction with respect to Iran 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, done at Geneva October 30, 1947.
SEC. 104. SENSE OF CONGRESS REGARDING THE IMPOSITION OF SANCTIONS WITH
RESPECT TO IRAN.
It is the sense of Congress that all efforts should be made by the
President to maximize the effects of existing sanctions with respect to
Iran and the United States should take all necessary measures to
preserve robust information-sharing activities.
TITLE II--EXPANSION OF SANCTIONS RELATING TO THE ENERGY SECTOR OF IRAN
AND PROLIFERATION OF WEAPONS OF MASS DESTRUCTION BY IRAN
Subtitle A--Expansion of Iran Sanctions Act of 1996
SEC. 201. IMPOSITION OF SANCTIONS WITH RESPECT TO JOINT VENTURES WITH
THE GOVERNMENT OF IRAN RELATING TO DEVELOPING PETROLEUM
RESOURCES.
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 the Energy Sector of Iran''; and
(2) by adding at the end the following:
``(4) Joint ventures with iran relating to developing
petroleum resources.--
``(A) In general.--Except as provided in
subparagraph (B) and 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 participates, on
or after the date of the enactment of the Iran
Sanctions, Accountability, and Human Rights Act of
2012, in a joint venture with respect to the
development of petroleum resources outside of Iran if--
``(i) the joint venture is established on
or after January 1, 2002; and
``(ii)(I) the Government of Iran is a
substantial partner or investor in the joint
venture; or
``(II) Iran could, through a direct
operational role in the joint venture or by
other means, receive technological knowledge or
equipment not previously available to Iran that
could directly and significantly contribute to
the enhancement of Iran's ability to develop
petroleum resources in Iran.
``(B) Applicability.--Subparagraph (A) shall not
apply with respect to participation in a joint venture
established on or after January 1, 2002, and before the
date of the enactment of the Iran Sanctions,
Accountability, and Human Rights Act of 2012 if the
person participating in the joint venture terminates
that participation not later than the date that is 180
days after such date of enactment.''.
SEC. 202. IMPOSITION OF SANCTIONS WITH RESPECT TO THE PROVISION OF
GOODS, SERVICES, TECHNOLOGY, OR SUPPORT FOR THE ENERGY OR
PETROCHEMICAL SECTORS OF IRAN.
Section 5(a) of the Iran Sanctions Act of 1996 (Public Law 104-172;
50 U.S.C. 1701 note), as amended by section 201, is further amended by
adding at the end the following:
``(5) Support for the development of petroleum resources
and refined petroleum products in iran.--
``(A) In general.--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 Sanctions, Accountability, and Human Rights Act of
2012, sells, leases, or provides to Iran goods,
services, technology, or support described in
subparagraph (B)--
``(i) any of which has a fair market value
of $1,000,000 or more; or
``(ii) that, during a 12-month period, have
an aggregate fair market value of $5,000,000 or
more.
``(B) Goods, services, technology, or support
described.--Goods, services, technology, or support
described in this subparagraph are goods, services,
technology, or support that could directly and
significantly contribute to the maintenance or
enhancement of Iran's--
``(i) ability to develop petroleum
resources located in Iran; or
``(ii) domestic production of refined
petroleum products, including any direct and
significant assistance with respect to the
construction, modernization, or repair of
petroleum refineries or directly associated
infrastructure, including port facilities,
railroads, or roads, if the predominant use of
those facilities, railroads, or roads is for
the transportation of refined petroleum
products.
``(6) Development and purchase of petrochemical products
from iran.--
``(A) In general.--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
Iran Sanctions, Accountability, and Human Rights Act of
2012, sells, leases, or provides to Iran goods,
services, technology, or support described in
subparagraph (B)--
``(i) any of which has a fair market value
of $250,000 or more; or
``(ii) that, during a 12-month period, have
an aggregate fair market value of $1,000,000 or
more.
``(B) Goods, services, technology, or support
described.--Goods, services, technology, or support
described in this subparagraph are goods, services,
technology, or support that could directly and
significantly contribute to the maintenance or
expansion of Iran's domestic production of
petrochemical products.''.
SEC. 203. IMPOSITION OF SANCTIONS WITH RESPECT TO JOINT VENTURES WITH
THE GOVERNMENT OF IRAN RELATING TO MINING, PRODUCTION, OR
TRANSPORTATION OF URANIUM.
Section 5(b) of the Iran Sanctions Act of 1996 (Public Law 104-172;
50 U.S.C. 1701 note) is amended--
(1) in paragraph (1)--
(A) by redesignating subparagraphs (A) and (B) as
clauses (i) and (ii), respectively, and moving such
clauses, as so redesignated, 2 ems to the right;
(B) by striking ``a person has, on or after'' and
inserting the following: ``a person has--
``(A) on or after'';
(C) in subparagraph (A)(ii), as redesignated, by
striking the period and inserting ``; or''; and
(D) by adding at the end the following:
``(B) except as provided in paragraph (3),
knowingly participated, on or after the date of the
enactment of the Iran Sanctions, Accountability, and
Human Rights Act of 2012, in a joint venture--
``(i) with--
``(I) the Government of Iran;
``(II) an entity incorporated in
Iran or subject to the jurisdiction of
the Government of Iran; or
``(III) a person acting on behalf
of or at the direction of, or owned or
controlled by, the Government of Iran
or an entity described in subclause
(II); and
``(ii) that involves any activity relating
to the mining, production, or transportation of
uranium.''; and
(2) by adding at the end the following:
``(3) Applicability of sanctions with respect to joint
ventures relating to the mining, production, or transportation
of uranium.--
``(A) In general.--Paragraph (1)(B) shall apply
with respect to participation, on or after the date of
the enactment of the Iran Sanctions, Accountability,
and Human Rights Act of 2012, in--
``(i) a joint venture established on or
after such date of enactment; and
``(ii) except as provided in subparagraph
(B), a joint venture established before such
date of enactment.
``(B) Exception.--Paragraph (1)(B) shall not apply
with respect to participation in a joint venture
described in subparagraph (A)(ii) if the person
participating in the joint venture terminates that
participation not later than the date that is 180 days
after the date of the enactment of the Iran Sanctions,
Accountability, and Human Rights Act of 2012.''.
SEC. 204. EXPANSION OF SANCTIONS AVAILABLE UNDER THE IRAN SANCTIONS ACT
OF 1996.
(a) In General.--Section 6(a) of the Iran Sanctions Act of 1996
(Public Law 104-172; 50 U.S.C. 1701 note) is amended--
(1) by redesignating paragraph (9) as paragraph (11); and
(2) by inserting after paragraph (8) the following:
``(9) Exclusion of corporate officers.--The President may
direct the Secretary of State to deny a visa to, and the
Secretary of Homeland Security to exclude from the United
States, any alien that the President determines is a corporate
officer or principal of, or a shareholder with a controlling
interest in, a sanctioned person.
``(10) Sanctions on principal executive officers.--The
President may impose on the principal executive officer or
officers of any sanctioned person, or on persons performing
similar functions and with similar authorities as such officer
or officers, any of the sanctions under this subsection.''.
(b) Effective Date.--The amendments made by subsection (a) shall
take effect on the date of the enactment of this Act and apply with
respect to activities described in section 5 of the Iran Sanctions Act
of 1996, as amended by this Act, commenced on or after such date of
enactment.
SEC. 205. EXPANSION OF DEFINITIONS UNDER THE IRAN SANCTIONS ACT OF
1996.
(a) In General.--Section 14 of the Iran Sanctions Act of 1996
(Public Law 104-172; 50 U.S.C. 1701 note) is amended by adding at the
end the following:
``(19) Credible information.--The term `credible
information', with respect to a person--
``(A) includes--
``(i) a public announcement by the person
that the person has engaged in an activity
described in section 5; and
``(ii) information set forth in a report to
stockholders of the person indicating that the
person has engaged in such an activity; and
``(B) may include, in the discretion of the
President--
``(i) an announcement by the Government of
Iran that the person has engaged in such an
activity; or
``(ii) information indicating that the
person has engaged in such an activity that is
set forth in--
``(I) a report of the Government
Accountability Office, the Energy
Information Administration, or the
Congressional Research Service; or
``(II) a report or publication of a
similarly reputable governmental
organization.
``(20) Petrochemical product.--The term `petrochemical
product' includes any aromatic, olefin, or synthesis gas, and
any derivative of such a gas, including ethylene, propylene,
butadiene, benzene, toluene, xylene, ammonia, methanol, and
urea.''.
(b) Effective Date.--The amendment made by subsection (a) shall
take effect on the date of the enactment of this Act and apply with
respect to activities described in section 5 of the Iran Sanctions Act
of 1996, as amended by this Act, commenced on or after such date of
enactment.
Subtitle B--Additional Measures Relating to Sanctions Against Iran
SEC. 211. IMPOSITION OF SANCTIONS WITH RESPECT TO THE PROVISION OF
VESSELS OR SHIPPING SERVICES TO TRANSPORT CERTAIN GOODS
RELATED TO PROLIFERATION OR TERRORISM ACTIVITIES TO IRAN.
(a) In General.--Except as provided in subsection (c), if the
President determines that a person, on or after the date of the
enactment of this Act, knowingly provides a vessel, insurance or
reinsurance, or any other shipping service for the transportation to or
from Iran of goods that could materially contribute to the activities
of the Government of Iran with respect to the proliferation of weapons
of mass destruction or support for acts of international terrorism, the
President shall, pursuant to Executive Order 13382 (70 Fed. Reg. 38567;
relating to blocking of property of weapons of mass destruction
proliferators and their supporters) or Executive Order 13224 (66 Fed.
Reg. 49079; relating to blocking property and prohibiting transactions
with persons who commit, threaten to commit, or support terrorism), or
otherwise pursuant to the International Emergency Economic Powers Act
(50 U.S.C. 1701 et seq.), block and prohibit all transactions in all
property and interests in property of the persons specified in
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.
(b) Persons Specified.--The persons specified in this subsection
are--
(1) the person that provided a vessel, insurance or
reinsurance, or other shipping service described in subsection
(a); and
(2) any person that--
(A) is a successor entity to the person referred to
in paragraph (1);
(B) owns or controls the person referred to in
paragraph (1), if the person that owns or controls the
person referred to in paragraph (1) had actual
knowledge or should have known that the person referred
to in paragraph (1) provided the vessel, insurance or
reinsurance, or other shipping service; or
(C) is owned or controlled by, or under common
ownership or control with, the person referred to in
paragraph (1), if the person owned or controlled by, or
under common ownership or control with (as the case may
be), the person referred to in paragraph (1) knowingly
engaged in the provision of the vessel, insurance or
reinsurance, or other shipping service.
(c) Waiver.--The President may waive the requirement to impose
sanctions with respect to a person under subsection (a) on or after the
date that is 30 days after the President--
(1) determines that such a waiver is in the national
security interests of the United States; and
(2) submits to the appropriate congressional committees a
report that contains the reasons for that determination.
(d) Rule of Construction.--Nothing in this section shall be
construed to limit the authority of the President to designate persons
for the imposition of sanctions pursuant to Executive Order 13382 (70
Fed. Reg. 38567; relating to the blocking of property of weapons of
mass destruction proliferators and their supporters) or Executive Order
13224 (66 Fed. Reg. 49079; relating to blocking property and
prohibiting transactions with persons who commit, threaten to commit,
or support terrorism), or otherwise pursuant to the International
Emergency Economic Powers Act (50 U.S.C. 1701 et seq.).
SEC. 212. IMPOSITION OF SANCTIONS WITH RESPECT TO SUBSIDIARIES AND
AGENTS OF PERSONS SANCTIONED BY UNITED NATIONS SECURITY
COUNCIL RESOLUTIONS.
(a) In General.--Section 104(c)(2)(B) of the Comprehensive Iran
Sanctions, Accountability, and Divestment Act of 2010 (22 U.S.C.
8513(c)(2)(B)) is amended--
(1) by striking ``of a person subject'' and inserting the
following: ``of--
``(i) a person subject'';
(2) in clause (i), as redesignated, by striking the
semicolon and inserting ``; or''; and
(3) by adding at the end the following:
``(ii) a person acting on behalf of or at
the direction of, or owned or controlled by, a
person described in clause (i);''.
(b) Regulations.--Not later than 90 days after the date of the
enactment of this Act, the Secretary of the Treasury shall make such
revisions to the regulations prescribed under section 104 of the
Comprehensive Iran Sanctions, Accountability, and Divestment Act of
2010 (22 U.S.C. 8513) as are necessary to carry out the amendments made
by subsection (a).
SEC. 213. LIABILITY OF PARENT COMPANIES FOR VIOLATIONS OF SANCTIONS BY
FOREIGN SUBSIDIARIES.
(a) Definitions.--In this section:
(1) Entity.--The term ``entity'' means a partnership,
association, trust, joint venture, corporation, or other
organization.
(2) Own or control.--The term ``own or control'' means,
with respect to an entity--
(A) to hold more than 50 percent of the equity
interest by vote or value in the entity;
(B) to hold a majority of seats on the board of
directors of the entity; or
(C) to otherwise control the actions, policies, or
personnel decisions of the entity.
(b) Prohibition.--Not later than 60 days after the date of the
enactment of this Act, the President shall prohibit an entity owned or
controlled by a United States person and established or maintained
outside the United States from engaging in any transaction directly or
indirectly with the Government of Iran or any person subject to the
jurisdiction of that Government that would be prohibited by an order or
regulation issued pursuant to the International Emergency Economic
Powers Act (50 U.S.C. 1701 et seq.) if the transaction were engaged in
by a United States person or in the United States.
(c) Civil Penalty.--The civil penalties provided for in section
206(b) of the International Emergency Economic Powers Act (50 U.S.C.
1705(b)) shall apply to a United States person to the same extent that
such penalties apply to a person that commits an unlawful act described
in section 206(a) of that Act if an entity owned or controlled by the
United States person and established or maintained outside the United
States violates, attempts to violate, conspires to violate, or causes a
violation of any order or regulation issued to implement subsection
(b).
(d) Applicability.--Subsection (c) shall not apply with respect to
a transaction described in subsection (b) by an entity owned or
controlled by a United States person and established or maintained
outside the United States if the United States person divests or
terminates its business with the entity not later than the date that is
180 days after the date of the enactment of this Act.
SEC. 214. 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.--
``(1) In general.--Each issuer required to file an annual
or quarterly report under subsection (a) shall disclose in that
report the information required by paragraph (2) if, during the
period covered by the report, the issuer or any affiliate of
the issuer--
``(A) knowingly 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 a transaction described in
subsection (d)(1) of that section;
``(C) knowingly engaged in an activity described in
section 105A(b)(2) of that Act; or
``(D) 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
transactions 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 identified under section
560.304 of title 31, Code of Federal
Regulations (relating to the definition of the
Government of Iran).
``(2) Information required.--If an issuer or an affiliate
of the issuer has engaged in any activity described in
paragraph (1), the issuer shall disclose a detailed description
of each such activity, including--
``(A) the nature and extent of the activity;
``(B) the gross revenues and net 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) Notice of disclosures.--If an issuer reports under
paragraph (1) that the issuer or an affiliate of the issuer has
knowingly engaged in any activity described in that paragraph,
the issuer shall separately file with the Commission,
concurrently with the annual or quarterly report under
subsection (a), a notice that the disclosure of that activity
has been included in that annual or quarterly report that
identifies the issuer and contains the information required by
paragraph (2).
``(4) Public disclosure of information.--Upon receiving a
notice under paragraph (3) that an annual or quarterly report
includes a disclosure of an activity described in paragraph
(1), the Commission shall promptly--
``(A) transmit the report 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; and
``(B) make the information provided in the
disclosure and the notice available to the public by
posting the information on the Internet website of the
Commission.
``(5) Investigations.--Upon receiving a report under
paragraph (4), 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 or 105A of the Comprehensive Iran Sanctions,
Accountability, and Divestment Act of 2010, an
Executive Order specified in clause (i) or (ii) of
paragraph (1)(D), or any other provision of law
relating to the imposition of sanctions with respect to
Iran, as applicable; 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).
``(6) 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 180 days
after the date of the enactment of this Act.
SEC. 215. IDENTIFICATION OF, AND IMMIGRATION RESTRICTIONS ON, SENIOR
OFFICIALS OF THE GOVERNMENT OF IRAN AND THEIR FAMILY
MEMBERS.
(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 Iran described
in subsection (b) that is involved in Iran's--
(A) illicit nuclear activities or proliferation of
weapons of mass destruction or delivery systems for
weapons of mass destruction;
(B) support for international terrorism; or
(C) commission of serious human rights abuses
against citizens of Iran or their family members; or
(2) a family member of such an official.
(b) Senior Officials of the Government of Iran Described.--A senior
official of the Government of Iran described in this subsection is any
senior official of that Government, including--
(1) the Supreme Leader of Iran, Ali Khamenei;
(2) the President of Iran, Mahmoud Ahmadinejad;
(3) a member of the Cabinet of the Government of Iran;
(4) a member of the Assembly of Experts;
(5) a senior member of the Intelligence Ministry of Iran;
or
(6) a member of Iran's Revolutionary Guard Corps with the
rank of brigadier general or higher, including a member of a
paramilitary organization such as Ansar-e-Hezbollah or Basij-e
Motaz'afin.
(c) Restrictions on Visas and Adjustments in Immigration Status.--
The Secretary of State and the Secretary of Homeland Security may not
grant an individual on the list required by subsection (a) immigration
status in, or admit the individual to, the United States.
(d) Waiver.--The President may waive the application of subsection
(a) or (c) with respect to an individual if the President--
(1) determines that such a waiver is--
(A) in the national interests of the United States;
or
(B) necessary to permit the United States to comply
with the Agreement between the United Nations and the
United States of America regarding the Headquarters of
the United Nations, signed June 26, 1947, and entered
into force November 21, 1947; and
(2) not less than 7 days before the waiver takes effect,
notifies Congress of the waiver and the reason for the waiver.
SEC. 216. REPORTS ON, AND AUTHORIZATION OF IMPOSITION OF SANCTIONS WITH
RESPECT TO, THE PROVISION OF FINANCIAL COMMUNICATIONS
SERVICES TO THE CENTRAL BANK OF IRAN AND SANCTIONED
IRANIAN FINANCIAL INSTITUTIONS.
(a) Sense of Congress.--It is the sense of Congress that--
(1) the President has been engaged in diplomatic efforts to
multilateralize sanctions against Iran to restrict the access
of the Government of Iran to the global financial system;
(2) the President should intensify those efforts and, in
particular, efforts to ensure that global financial
communications services providers, such as the Society for
Worldwide Interbank Financial Telecommunication (in this
section referred to as ``SWIFT''), cut off services to Iranian
financial institutions designated for the imposition of
sanctions pursuant to the International Emergency Economic
Powers Act (50 U.S.C. 1701 et seq.); and
(3) at a time when financial institutions around the world
are severing their ties with such Iranian financial
institutions, it is inconsistent and troubling that financial
communications services providers continue to service those
financial institutions, particularly with respect to the
Belgian cooperative SWIFT, which--
(A) is subject to the prohibition of the European
Union on providing economic resources to financial
institutions designated for the imposition of sanctions
by the European Union; and
(B) notes in its own corporate rules that it
reserves the right to expel a SWIFT customer that may
adversely affect SWIFT's ``reputation, brand, or
goodwill'', for instance if the SWIFT customer is
subject to sanctions (such as by the United Nations or
the European Union), as is the case with Iranian
financial institutions.
(b) Report on the Provision of Financial Communications Services to
Sanctioned Iranian Financial Institutions.--Not later than 60 days
after the date of the enactment of this Act, the Comptroller General of
the United States shall submit to the appropriate congressional
committees a list of all known entities (including SWIFT) that provide
financial communications services to, or that enable or facilitate
access to such services for, the Central Bank of Iran or a financial
institution described in section 104(c)(2)(E)(ii) of the Comprehensive
Iran Sanctions, Accountability, and Divestment Act of 2010 (22 U.S.C.
8513(c)(2)(E)(ii)).
(c) Report on Efforts to Terminate the Provision by SWIFT of
Services for Sanctioned Iranian Financial Institutions.--Not later than
90 days after the date of the enactment of this Act, the Secretary of
the Treasury shall submit to the appropriate congressional committees a
report on the status of efforts to ensure that SWIFT has terminated the
provision of financial communications services to, and the enabling and
facilitation of access to such services for, the Central Bank of Iran
and Iranian financial institutions designated for the imposition of
sanctions pursuant to the International Emergency Economic Powers Act
(50 U.S.C. 1701 et seq.).
(d) Authorization for the Imposition of Sanctions.--If, on or after
the date that is 90 days after the date of the enactment of this Act, a
global financial communications services provider has not terminated
the provision of financial communications services to, and the enabling
and facilitation of access to such services for, the Central Bank of
Iran and any financial institution described in paragraph (2)(E)(ii) of
section 104(c) of the Comprehensive Iran Sanctions, Accountability, and
Divestment Act of 2010 (22 U.S.C. 8513(c)), the President may impose
sanctions pursuant to that section or the International Emergency
Economic Powers Act (50 U.S.C. 1701 et seq.) with respect to the
financial communications services provider and the directors of, and
shareholders with a significant interest in, the provider.
SEC. 217. GOVERNMENT ACCOUNTABILITY OFFICE REPORT ON FOREIGN ENTITIES
THAT INVEST IN THE ENERGY SECTOR OF IRAN OR EXPORT
REFINED PETROLEUM PRODUCTS TO IRAN.
(a) Initial Report.--
(1) In general.--Not later than 180 days after the date of
the enactment of this Act, the Comptroller General of the
United States shall submit to the appropriate congressional
committees a report--
(A) listing all foreign investors in the energy
sector of Iran during the period specified in paragraph
(2), including--
(i) all entities that exported gasoline and
other refined petroleum products to Iran;
(ii) all entities involved in providing
refined petroleum products to Iran, including--
(I) entities that provided ships to
transport refined petroleum products to
Iran; and
(II) entities that provided
insurance or reinsurance for shipments
of refined petroleum products to Iran;
and
(iii) all entities involved in commercial
transactions of any kind, including joint
ventures anywhere in the world, with Iranian
energy companies; and
(B) identifying the countries in which gasoline and
other refined petroleum products exported to Iran
during the period specified in paragraph (2) were
produced or refined.
(2) Period specified.--The period specified in this
paragraph is the period beginning on January 1, 2006, and
ending on the date that is 150 days after the date of the
enactment of this Act.
(b) Updated Reports.--Not later than one year after submitting the
report required by subsection (a), and annually thereafter, the
Comptroller General of the United States shall submit to the
appropriate congressional committees a report containing the matters
required in the report under subsection (a)(1) for the one-year period
beginning on the date that is 30 days before the date on which the
preceding report was required to be submitted by this section.
SEC. 218. REPORTING ON THE IMPORTATION TO AND EXPORTATION FROM IRAN OF
CRUDE OIL AND REFINED PETROLEUM PRODUCTS.
Section 110(b) of the Comprehensive Iran Sanctions, Accountability,
and Divestment Act of 2010 (22 U.S.C. 8518(b)) is amended by striking
``a report containing the matters'' and all that follows through the
period at the end and inserting the following: ``a report, covering the
180-day period beginning on the date that is 30 days before the date on
which the preceding report was required to be submitted by this
section, that--
``(1) contains the matters required in the report under
subsection (a)(1); and
``(2) identifies--
``(A) the volume of crude oil and refined petroleum
products imported to and exported from Iran (including
through swaps and similar arrangements);
``(B) the persons selling and transporting crude
oil and refined petroleum products described in
subparagraph (A), the countries with primary
jurisdiction over those persons, and the countries in
which those products were refined;
``(C) the sources of financing for imports to Iran
of crude oil and refined petroleum products described
in subparagraph (A); and
``(D) the involvement of foreign persons in efforts
to assist Iran in--
``(i) developing upstream oil and gas
production capacity;
``(ii) importing advanced technology to
upgrade existing Iranian refineries;
``(iii) converting existing chemical plants
to petroleum refineries; or
``(iv) maintaining, upgrading, or expanding
refineries or constructing new refineries.''.
TITLE III--SANCTIONS WITH RESPECT TO IRAN'S REVOLUTIONARY GUARD CORPS
Subtitle A--Identification of, and Sanctions With Respect to,
Officials, Agents, Affiliates, and Supporters of Iran's Revolutionary
Guard Corps and Other Sanctioned Persons
SEC. 301. IDENTIFICATION OF, AND IMPOSITION OF SANCTIONS WITH RESPECT
TO, OFFICIALS, AGENTS, AND AFFILIATES OF IRAN'S
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--
(1) identify foreign persons that are officials, agents, or
affiliates of Iran's Revolutionary Guard Corps; and
(2) for each foreign person identified under paragraph (1)
that is not already designated for the imposition of sanctions
pursuant to the International Emergency Economic Powers Act (50
U.S.C. 1701 et seq.)--
(A) designate that foreign person for the
imposition of sanctions pursuant to that Act; and
(B) block and prohibit all transactions in all
property and interests in property of that foreign
person 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.
(b) Priority for Investigation.--In identifying foreign persons
pursuant to subsection (a)(1) as officials, agents, or affiliates of
Iran's Revolutionary Guard Corps, the President shall give priority to
investigating--
(1) foreign persons identified under section 560.304 of
title 31, Code of Federal Regulations (relating to the
definition of the Government of Iran); and
(2) foreign persons for which there is a reasonable basis
to find that the person has conducted or attempted to conduct
one or more sensitive transactions or activities described in
subsection (c).
(c) Sensitive Transactions and Activities Described.--A sensitive
transaction or activity described in this subsection 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,
importation, exportation, or transfer of items needed for the
development by Iran 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 Iran's
energy sector, including a transaction relating to the
development of the energy resources of Iran, the exportation of
petroleum products from Iran, the importation of refined
petroleum to Iran, or the development of refining capacity
available to Iran;
(4) a transaction relating to the manufacture, procurement,
or sale of goods, services, and technology relating to Iran's
petrochemical sector; or
(5) 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))).
(d) Exclusion From United States.--
(1) In general.--Subject to paragraph (2), 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 pursuant to subsection (a) for the imposition
of sanctions pursuant to the International Emergency Economic
Powers Act (50 U.S.C. 1701 et seq.).
(2) Regulatory exceptions to comply with international
obligations.--The requirement to deny visas to and exclude
aliens from the United States pursuant to paragraph (1) shall
be subject to such regulations as the President may prescribe,
including regulatory exceptions to permit the United States to
comply with the Agreement between the United Nations and the
United States of America regarding the Headquarters of the
United Nations, signed June 26, 1947, and entered into force
November 21, 1947, and other applicable international
obligations.
(e) Waiver of Imposition of Sanctions.--
(1) In general.--The President may waive the application of
subsection (a)(2) or (d) with respect to a foreign person if
the President--
(A) 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--
(i) identifies the foreign person with
respect to which the waiver applies; and
(ii) sets forth 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.
(f) 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 Revolutionary Guard Corps as of the date of the
enactment of this Act.
SEC. 302. IDENTIFICATION OF, AND IMPOSITION OF SANCTIONS WITH RESPECT
TO, PERSONS THAT SUPPORT OR CONDUCT CERTAIN TRANSACTIONS
WITH IRAN'S REVOLUTIONARY GUARD CORPS OR OTHER SANCTIONED
PERSONS.
(a) Identification.--
(1) In general.--Not later than 90 days after the date of
the enactment of this Act, and every 180 days thereafter, the
President shall submit to the appropriate congressional
committees a report identifying foreign persons that the
President determines, on or after the date of the enactment of
this Act, knowingly--
(A) materially assist, sponsor, or provide
financial, material, or technological support for, or
goods or services in support of, Iran's Revolutionary
Guard Corps or any of its officials, agents, or
affiliates the property and interests in property of
which are blocked pursuant to the International
Emergency Economic Powers Act (50 U.S.C. 1701 et seq.);
(B) engage in a significant transaction or
transactions with Iran's Revolutionary Guard Corps or
any such official, agent, or affiliate; or
(C) engage in a significant transaction or
transactions with--
(i) a person subject to financial sanctions
pursuant to United Nations Security Council
Resolution 1737 (2006), 1747 (2007), 1803
(2008), or 1929 (2010), or any other resolution
that is adopted by the Security Council and
imposes sanctions with respect to Iran or
modifies such sanctions; or
(ii) a person acting on behalf of or at the
direction of, or owned or controlled by, a
person described in clause (i).
(2) Form of report.--A report submitted under paragraph (1)
shall be submitted in unclassified form but may contain a
classified annex.
(3) Barter transactions.--For purposes of paragraph (1),
the term ``transaction'' includes a barter transaction.
(b) Imposition of Sanctions.--If the President determines under
subsection (a)(1) that a foreign person has knowingly engaged in an
activity described in that subsection, the President--
(1) shall impose 3 or more of the sanctions described in
section 6(a) of the Iran Sanctions Act of 1996, as amended by
section 204 of this Act; and
(2) may impose additional sanctions pursuant to the
International Emergency Economic Powers Act (50 U.S.C. 1701 et
seq.) with respect to the person.
(c) Termination.--The President may terminate a sanction imposed
with respect to a foreign person pursuant to subsection (b) if the
President determines that the person--
(1) no longer engages in the activity for which the
sanction was imposed; and
(2) has provided assurances to the President that the
person will not engage in any activity described in subsection
(a)(1) in the future.
(d) Waiver of Imposition of Sanctions.--
(1) In general.--The President may waive the imposition of
sanctions under subsection (b) with respect to a foreign person
if the President--
(A)(i) determines that the person has ceased the
activity for which sanctions would otherwise be imposed
and has taken measures to prevent a recurrence of the
activity; 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--
(i) identifies the foreign person with
respect to which the waiver applies;
(ii) describes the activity that would
otherwise subject the foreign person to the
imposition of sanctions under subsection (b);
and
(iii) sets forth 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.
(e) Waiver of Identifications and Designations.--Notwithstanding
any other provision of this subtitle and subject to paragraph (2), the
President shall not be required to make any identification of a foreign
person under subsection (a) or any identification or designation of a
foreign person under section 301(a) if the President--
(1) determines that doing so would cause damage to the
national security of the United States, including through the
divulgence of sources or methods of obtaining intelligence or
other critical classified information; and
(2) notifies the appropriate congressional committees of
the exercise of the authority provided under this subsection.
(f) Application of Provisions of Iran Sanctions Act of 1996.--The
following provisions of the Iran Sanctions Act of 1996, as amended by
this Act, apply with respect to the imposition under subsection (b)(1)
of sanctions relating to activities described in subsection (a)(1) to
the same extent that such provisions apply with respect to the
imposition of sanctions under section 5(a) of the Iran Sanctions Act of
1996:
(1) Subsections (c) and (e) of section 4.
(2) Subsections (c), (d), and (f) of section 5.
(3) Section 8.
(4) Section 9.
(5) Section 11.
(6) Section 12.
(7) Subsection (b) of section 13.
(8) Section 14.
SEC. 303. RULE OF CONSTRUCTION.
Nothing in this subtitle shall be construed to limit the authority
of the President to designate foreign persons for the imposition of
sanctions pursuant to the International Emergency Economic Powers Act
(50 U.S.C. 1701 et seq.).
Subtitle B--Additional Measures Relating to Iran's Revolutionary Guard
Corps
SEC. 311. EXPANSION OF PROCUREMENT PROHIBITION TO FOREIGN PERSONS THAT
ENGAGE IN CERTAIN TRANSACTIONS WITH IRAN'S REVOLUTIONARY
GUARD CORPS.
(a) In General.--Section 6(b)(1) of the Iran Sanctions Act of 1996
(Public Law 104-172; 50 U.S.C. 1701 note) is amended--
(1) by striking ``Not later than 90 days'' and inserting
the following:
``(A) Certifications relating to activities
described in section 5.--Not later than 90 days''; and
(2) by adding at the end the following:
``(B) Certifications relating to transactions with
iran's revolutionary guard corps.--Not later than 90
days after the date of the enactment of the Iran
Sanctions, Accountability, and Human Rights Act of
2012, the Federal Acquisition Regulation shall be
revised to require a certification from each person
that is a prospective contractor that the person, and
any person owned or controlled by the person, does not
knowingly engage in a significant transaction or
transactions with Iran's Revolutionary Guard Corps or
any of its officials, agents, or affiliates the
property and interests in property of which are blocked
pursuant to the International Emergency Economic Powers
Act (50 U.S.C. 1701 et seq.).''.
(b) Technical and Conforming Amendments.--
(1) Section 6(b) of the Iran Sanctions Act of 1996, as
amended by subsection (a), is further amended--
(A) in paragraph (1)(A), as redesignated, by
striking ``issued pursuant to section 25 of the Office
of Federal Procurement Policy Act (41 U.S.C. 421)'';
(B) in paragraph (2)--
(i) in subparagraph (A), by striking ``the
revision'' and inserting ``the applicable
revision''; and
(ii) in subparagraph (B), by striking
``issued pursuant to section 25 of the Office
of Federal Procurement Policy Act (41 U.S.C.
421)'';
(C) by striking paragraph (6) and inserting the
following:
``(6) Definitions.--In this subsection:
``(A) Executive agency.--The term `executive
agency' has the meaning given that term in section 133
of title 41, United States Code.
``(B) Federal acquisition regulation.--The term
`Federal Acquisition Regulation' means the regulation
issued pursuant to section 1303(a)(1) of title 41,
United States Code.''; and
(D) in paragraph (7)--
(i) by striking ``The revisions to the
Federal Acquisition Regulation required under
paragraph (1)'' and inserting the following:
``(A) Certifications relating to activities
described in section 5.--The revisions to the Federal
Acquisition Regulation required under paragraph
(1)(A)''; and
(ii) by adding at the end the following:
``(B) Certifications relating to transactions with
iran's revolutionary guard corps.--The revisions to the
Federal Acquisition Regulation required under paragraph
(1)(B) shall apply with respect to contracts for which
solicitations are issued on or after the date that is
90 days after the date of the enactment of the Iran
Sanctions, Accountability, and Human Rights Act of
2012.''.
(2) Section 101(3) of the Comprehensive Iran Sanctions,
Accountability, and Divestment Act of 2010 (22 U.S.C. 8511(3))
is amended by striking ``section 4 of the Office of Federal
Procurement Policy Act (41 U.S.C. 403)'' and inserting
``section 133 of title 41, United States Code''.
SEC. 312. DETERMINATIONS OF WHETHER THE NATIONAL IRANIAN OIL COMPANY
AND THE NATIONAL IRANIAN TANKER COMPANY ARE AGENTS OR
AFFILIATES OF IRAN'S REVOLUTIONARY GUARD CORPS.
(a) In General.--Section 104(c) of the Comprehensive Iran
Sanctions, Accountability, and Divestment Act of 2010 (22 U.S.C.
8513(c)) is amended by adding at the end the following:
``(4) Determinations regarding nioc and nitc.--
``(A) Determinations.--For purposes of paragraph
(2)(E)(i), the Secretary of the Treasury shall, not
later than 60 days after the date of the enactment of
the Iran Sanctions, Accountability, and Human Rights
Act of 2012--
``(i) determine whether the NIOC or the
NITC is an agent or affiliate of Iran's
Revolutionary Guard Corps; and
``(ii) submit to the appropriate
congressional committees a report on the
determinations made under clause (i), together
with the reasons for those determinations.
``(B) Form of report.--A report submitted under
subparagraph (A)(ii) shall be submitted in unclassified
form but may contain a classified annex.
``(C) Applicability with respect to petroleum
transactions.--
``(i) Application of sanctions.--Except as
provided in clause (ii), the regulations
prescribed under paragraph (1) shall apply to a
transaction for the purchase of petroleum or
petroleum products from, or to financial
services relating to such a transaction for,
the NIOC or the NITC on or after the date that
is 180 days after the date of the enactment of
the National Defense Authorization Act for
Fiscal Year 2012 (Public Law 112-81) only if
the President has determined, pursuant to
section 1245(d)(4)(B) of that Act, that there
is a sufficient supply of petroleum and
petroleum products produced in countries other
than Iran to permit purchasers of petroleum and
petroleum products from Iran to reduce
significantly in volume their purchases from
Iran.
``(ii) Exception for certain countries.--
The regulations prescribed under paragraph (1)
shall not apply to a foreign financial
institution that facilitates a significant
transaction or transactions for the purchase of
petroleum or petroleum products from, or that
provides significant financial services
relating to such a transaction for, the NIOC or
the NITC if the President determines and
reports to Congress, not later than 90 days
after the date on which the President makes the
determination required by section 1245(d)(4)(B)
of the National Defense Authorization Act for
Fiscal Year 2012, and every 180 days
thereafter, that the country with primary
jurisdiction over the foreign financial
institution has significantly reduced its
volume of crude oil purchases from Iran during
the period beginning on the date on which the
President submitted the last report with
respect to the country under this clause.
``(D) Definitions.--In this paragraph:
``(i) NIOC.--The term `NIOC' means the
National Iranian Oil Company.
``(ii) NITC.--The term `NITC' means the
National Iranian Tanker Company.''.
(b) Conforming Amendments.--Section 104(g) of the Comprehensive
Iran Sanctions, Accountability, and Divestment Act of 2010 (22 U.S.C.
8513(g)) is amended by striking ``subsection (c)(1)'' each place it
appears and inserting ``paragraph (1) or (4) of subsection (c)''.
TITLE IV--MEASURES RELATING TO HUMAN RIGHTS ABUSES IN IRAN
Subtitle A--Expansion of Sanctions Relating to Human Rights Abuses in
Iran
SEC. 401. IMPOSITION OF SANCTIONS WITH RESPECT TO THE TRANSFER OF GOODS
OR TECHNOLOGIES TO IRAN THAT ARE LIKELY TO BE USED TO
COMMIT HUMAN RIGHTS ABUSES.
(a) In General.--The Comprehensive Iran Sanctions, Accountability,
and Divestment Act of 2010 (22 U.S.C. 8501 et seq.) is amended by
inserting after section 105 the following:
``SEC. 105A. IMPOSITION OF SANCTIONS WITH RESPECT TO THE TRANSFER OF
GOODS OR TECHNOLOGIES TO IRAN THAT ARE LIKELY TO BE USED
TO COMMIT HUMAN RIGHTS ABUSES.
``(a) In General.--The President shall impose sanctions in
accordance with subsection (c) with respect to each person on the list
required by subsection (b).
``(b) List.--
``(1) In general.--Not later than 90 days after the date of
the enactment of the Iran Sanctions, Accountability, and Human
Rights Act of 2012, the President shall submit to the
appropriate congressional committees a list of persons that the
President determines have knowingly engaged in an activity
described in paragraph (2) on or after such date of enactment.
``(2) Activity described.--
``(A) In general.--A person engages in an activity
described in this paragraph if the person--
``(i) transfers, or facilitates the
transfer of, goods or technologies described in
subparagraph (C) to Iran; or
``(ii) provides services with respect to
goods or technologies described in subparagraph
(C) after such goods or technologies are
transferred to 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 the Iran Sanctions, Accountability,
and Human Rights Act of 2012.
``(C) Goods or technologies described.--Goods or
technologies described in this subparagraph are goods
or technologies that the President determines are
likely to be used by the Government of Iran or any of
its agencies or instrumentalities to commit serious
human rights abuses against the people of Iran,
including--
``(i) firearms or ammunition (as those
terms are defined in section 921 of title 18,
United States Code), rubber bullets, police
batons, pepper or chemical sprays, stun
grenades, electroshock weapons, tear gas, water
cannons, or surveillance technology; or
``(ii) sensitive technology (as defined in
section 106(c)).
``(3) Special rule to allow for termination of sanctionable
activity.--The President shall not be required to include a
person on the list required by paragraph (1) if the President
certifies in writing to the appropriate congressional
committees that--
``(A) the person is no longer engaging in, or has
taken significant verifiable steps toward stopping, the
activity described in paragraph (2) for which the
President would otherwise have included the person on
the list; and
``(B) the President has received reliable
assurances that the person will not knowingly engage in
any activity described in paragraph (2) in the future.
``(4) Updates of list.--The President shall submit to the
appropriate congressional committees an updated list under
paragraph (1)--
``(A) each time the President is required to submit
an updated list to those committees under section
105(b)(2)(A); and
``(B) as new information becomes available.
``(5) Form of report; public availability.--
``(A) Form.--The list required by paragraph (1)
shall be submitted in unclassified form but may contain
a classified annex.
``(B) Public availability.--The unclassified
portion of the list required by paragraph (1) shall be
made available to the public and posted on the websites
of the Department of the Treasury and the Department of
State.
``(c) Application of Sanctions.--
``(1) In general.--Subject to paragraph (2), the President
shall impose sanctions described in section 105(c) with respect
to a person on the list required by subsection (b).
``(2) Transfers to iran's revolutionary guard corps.--In
the case of a person on the list required by subsection (b) for
transferring, or facilitating the transfer of, goods or
technologies described in subsection (b)(2)(C) to Iran's
Revolutionary Guard Corps, or providing services with respect
to such goods or technologies after such goods or technologies
are transferred to Iran's Revolutionary Guard Corps, the
President shall--
``(A) impose sanctions described in section 105(c)
with respect to the person; and
``(B) impose such other sanctions from among the
sanctions described in section 6(a) of the Iran
Sanctions Act of 1996 (Public Law 104-172; 50 U.S.C.
1701 note) as the President determines appropriate.''.
(b) Clerical Amendment.--The table of contents for the
Comprehensive Iran Sanctions, Accountability, and Divestment Act of
2010 is amended by inserting after the item relating to section 105 the
following:
``Sec. 105A. Imposition of sanctions with respect to the transfer of
goods or technologies to Iran that are
likely to be used to commit human rights
abuses.''.
SEC. 402. IMPOSITION OF SANCTIONS WITH RESPECT TO PERSONS WHO ENGAGE IN
CENSORSHIP OR OTHER RELATED ACTIVITIES AGAINST CITIZENS
OF IRAN.
(a) In General.--The Comprehensive Iran Sanctions, Accountability,
and Divestment Act of 2010 (22 U.S.C. 8501 et seq.), as amended by
section 401, is further amended by inserting after section 105A the
following:
``SEC. 105B. IMPOSITION OF SANCTIONS WITH RESPECT TO PERSONS WHO ENGAGE
IN CENSORSHIP OR OTHER RELATED ACTIVITIES AGAINST
CITIZENS OF IRAN.
``(a) In General.--The President shall impose sanctions described
in section 105(c) with respect to each person on the list required by
subsection (b).
``(b) List of Persons Who Engage in Censorship.--
``(1) In general.--Not later than 90 days after the date of
the enactment of the Iran Sanctions, Accountability, and Human
Rights Act of 2012, the President shall submit to the
appropriate congressional committees a list of persons that the
President determines have engaged in censorship or other
activities that prohibit, limit, or penalize the exercise of
freedom of expression or assembly by citizens of Iran.
``(2) Applicability.--Paragraph (1) applies with respect to
censorship or other activities described in that paragraph that
are--
``(A) commenced on or after the date of the
enactment of the Iran Sanctions, Accountability, and
Human Rights Act of 2012; or
``(B) commenced before such date of enactment, if
such activities continue on or after such date of
enactment.
``(3) Updates of list.--The President shall submit to the
appropriate congressional committees an updated list under
paragraph (1)--
``(A) each time the President is required to submit
an updated list to those committees under section
105(b)(2)(A); and
``(B) as new information becomes available.
``(4) Form of report; public availability.--
``(A) Form.--The list required by paragraph (1)
shall be submitted in unclassified form but may contain
a classified annex.
``(B) Public availability.--The unclassified
portion of the list required by paragraph (1) shall be
made available to the public and posted on the websites
of the Department of the Treasury and the Department of
State.''.
(b) Clerical Amendment.--The table of contents for the
Comprehensive Iran Sanctions, Accountability, and Divestment Act of
2010, as amended by section 401, is further amended by inserting after
the item relating to section 105A the following:
``Sec. 105B. Imposition of sanctions with respect to persons who engage
in censorship or other related activities
against citizens of Iran.''.
(c) Conforming Amendments.--Section 401(b)(1) of the Comprehensive
Iran Sanctions, Accountability, and Divestment Act of 2010 (22 U.S.C.
8551(b)(1)) is amended--
(1) by inserting ``, 105A(a), or 105B(a)'' after
``105(a)''; and
(2) by inserting ``, 105A(b), or 105B(b)'' after
``105(b)''.
Subtitle B--Additional Measures to Promote Human Rights in Iran
SEC. 411. EXPEDITED CONSIDERATION OF REQUESTS FOR AUTHORIZATION OF
CERTAIN HUMAN RIGHTS-, HUMANITARIAN-, AND DEMOCRACY-
RELATED ACTIVITIES WITH RESPECT TO IRAN.
(a) Requirement.--The Office of Foreign Assets Control, in
consultation with the Department of State, shall establish an expedited
process for the consideration of complete requests for authorization to
engage in human rights-, humanitarian-, or democracy-related activities
relating to Iran that are submitted by--
(1) entities receiving funds from the Department of State
to engage in the proposed activity;
(2) the Broadcasting Board of Governors; and
(3) other appropriate agencies of the United States
Government.
(b) Procedures.--Requests for authorization under subsection (a)
shall be submitted to the Office of Foreign Assets Control in
conformance with the agency's regulations, including section 501.801 of
title 31, Code of Federal Regulations (commonly known as the Reporting,
Procedures and Penalties Regulations). Applicants must fully disclose
the parties to the transactions as well as describe the activities to
be undertaken. License applications involving the exportation or
reexportation of goods, technology, or software to Iran must provide a
copy of an official Commodity Classification issued by the Department
of Commerce, Bureau of Industry and Security, as part of the license
application.
(c) Foreign Policy Review.--The Department of State shall complete
a foreign policy review of a request for authorization under subsection
(a) not later than 30 days after the request is referred to the
Department by the Office of Foreign Assets Control.
(d) License Determinations.--License determinations for complete
requests for authorization under subsection (a) shall be made not later
than 90 days after receipt by the Office of Foreign Assets Control,
with the following exceptions:
(1) Any requests involving the exportation or reexportation
to Iran of goods, technology, or software listed on the
Commerce Control List maintained pursuant to part 774 of the
Export Administration Regulations shall be processed in a
manner consistent with the Iran-Iraq Arms Non-Proliferation Act
of 1992 (title XVI of Public Law 102-484) and other applicable
provisions of law.
(2) Any other requests presenting novel or extraordinary
circumstances.
(e) Regulations.--The Secretary of the Treasury may prescribe such
regulations as are appropriate to carry out this section.
SEC. 412. COMPREHENSIVE STRATEGY TO PROMOTE INTERNET FREEDOM AND ACCESS
TO INFORMATION IN IRAN.
Not later than 90 days after the date of the enactment of this Act,
the President shall submit to the appropriate congressional committees
a comprehensive strategy developed in consultation with the Department
of State, the Department of the Treasury, and other Federal agencies,
as appropriate, to--
(1) assist the people of Iran to 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 Iran to undertake
Internet activities without interference from the Government of
Iran;
(3) increase the capabilities and availability of secure
communications through connective technology among human rights
and democracy activists in Iran;
(4) provide resources for digital safety training for media
and academic and civil society organizations in Iran;
(5) provide accurate and substantive Internet content in
local languages in Iran;
(6) increase emergency resources for the most vulnerable
human rights advocates seeking to organize, share information,
and support human rights in Iran;
(7) expand surrogate radio, television, live stream, and
social network communications inside Iran, including Voice of
America's Persian News Network and Radio Free Europe/Radio
Liberty's Radio Farda, to provide hourly live news update
programming and breaking news coverage capability 24 hours a
day and 7 days a week;
(8) expand activities to safely assist and train human
rights, civil society, and democracy activists in Iran to
operate effectively and securely;
(9) identify and utilize all available resources to
overcome attempts by the Government 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. 413. SENSE OF CONGRESS ON POLITICAL PRISONERS.
It is the sense of Congress that--
(1) the Secretary of State should support efforts to
research and identify prisoners of conscience and cases of
human rights abuses in Iran;
(2) the United States Government should--
(A) offer refugee status or political asylum in the
United States to political dissidents in Iran if
requested and consistent with the laws and national
security interests of the United States; and
(B) offer to assist, through the United Nations
High Commissioner for Refugees, with the relocation of
such political prisoners to other countries if
requested, as appropriate and with appropriate
consideration for United States national security
interests; and
(3) the Secretary of State should publicly call for the
release of Iranian dissidents by name and raise awareness with
respect to individual cases of Iranian dissidents and prisoners
of conscience, as appropriate and if requested by the
dissidents or prisoners themselves or their families.
TITLE V--MISCELLANEOUS
SEC. 501. EXCLUSION OF CITIZENS OF IRAN SEEKING EDUCATION RELATING TO
THE NUCLEAR AND ENERGY SECTORS OF IRAN.
(a) In General.--The Secretary of State shall deny a visa to, and
the Secretary of Homeland Security shall exclude from the United
States, any alien who is a citizen of Iran that the Secretary of State
determines seeks to enter the United States to participate in
coursework at an institution of higher education (as defined in section
101(a) of the Higher Education Act of 1965 (20 U.S.C. 1001(a))) to
prepare the alien for a career in the energy sector of Iran or in
nuclear science or nuclear engineering or a related field in Iran.
(b) Applicability.--Subsection (a) applies with respect to visa
applications filed on or after the date of the enactment of this Act.
SEC. 502. TECHNICAL CORRECTION.
(a) In General.--Section 1245(d)(2) of the National Defense
Authorization Act for Fiscal Year 2012 (Public Law 112-81) is amended--
(1) in the paragraph heading, by inserting ``agricultural
commodities,'' after ``sales of''; and
(2) in the text, by inserting ``agricultural commodities,''
after ``sale of''.
(b) Effective Date.--The amendments made by subsection (a) shall
take effect as if included in the National Defense Authorization Act
for Fiscal Year 2012 (Public Law 112-81).
SEC. 503. INTERESTS IN FINANCIAL ASSETS OF IRAN.
(a) Interests in Blocked Assets.--Notwithstanding any other
provision of law, and preempting any inconsistent provision of State
law, the property interest of Iran in a blocked asset shall include an
interest in property of any nature whatsoever, direct or indirect,
including any direct or indirect interest in securities or other
financial assets immobilized or in any other manner held in book entry
form and credited to a securities account in the United States and the
proceeds thereof, or in any funds transfers held in a United States
financial institution. The property interest of Iran in securities or
other financial assets immobilized or in any other manner held in book
entry form and credited to a securities account in the United States
and proceeds thereof shall be deemed to exist at every tier of
securities intermediary necessary to hold an interest in any such
securities or other financial assets. The property interest of Iran in
a funds transfer shall exist at any intermediary bank necessary to
complete such funds transfer.
(b) Property in the United States of Iran.--Notwithstanding any
other provision of law, and preempting any inconsistent provision of
State law, the property, including any interest in the property, of
Iran shall be deemed to be property in the United States of Iran if--
(1) that property is an interest, held directly or
indirectly for the benefit of Iran or for the benefit of any
securities intermediary that directly or indirectly holds the
interest for the benefit of Iran, in securities or other
financial assets that are represented by certificates or are in
other physical form and are immobilized, custodized, or held
for safekeeping or any other reason in the United States; or
(2) that property is an interest in securities or other
financial assets held in book entry form or otherwise, and
credited to a securities account in the United States by any
securities intermediary directly or indirectly for the benefit
of Iran or for the benefit of any other securities intermediary
that directly or indirectly holds the interest for the benefit
of Iran.
(c) Determination of Whether Securities or Other Assets Are Held or
Credited to a Securities Account in the United States.--For purposes of
this section, an interest in securities or other financial assets is
held and credited to a securities account in the United States by a
securities intermediary if the securities intermediary is located in
the United States. A securities intermediary is conclusively presumed
to be located in the United States if it is regulated in its capacity
as a securities intermediary under the laws of the United States.
(d) Commercial Activity in the United States.--Notwithstanding any
other provision of law, the ownership by Iran, or its central bank or
monetary authority, of any property, including the interest in property
described in paragraphs (1) and (2) of subsection (b), or any other
interest in property, shall be deemed to be commercial activity in the
United States and that property, including any interest in that
property, shall be deemed not to be held for the central bank's or
monetary authority's own account.
(e) Applicability.--This section applies to all attachments and
proceedings in aid of execution issued or obtained before, on, or after
the date of the enactment of this Act with respect to judgments entered
against Iran for damages for personal injury or death caused by an act
of torture, extrajudicial killing, aircraft sabotage, or hostage-
taking, or the provision of material support or resources for such an
act.
(f) Definitions.--In this section:
(1) Blocked asset.--The term ``blocked asset''--
(A) means any asset seized or frozen by the United
States under section 5(b) of the Trading With the Enemy
Act (50 U.S.C. App. 5(b)) or under section 202 or 203
of the International Emergency Economic Powers Act (50
U.S.C. 1701 and 1702); and
(B) does not include property that--
(i) is subject to a license issued by the
United States Government for final payment,
transfer, or disposition by or to a person
subject to the jurisdiction of the United
States in connection with a transaction for
which the issuance of the license has been
specifically required by a provision of law
other than the International Emergency Economic
Powers Act (50 U.S.C. 1701 et seq.) or the
United Nations Participation Act of 1945 (22
U.S.C. 287 et seq.); or
(ii) is property subject to the Vienna
Convention on Diplomatic Relations or the
Vienna Convention on Consular Relations, or
that enjoys equivalent privileges and
immunities under the laws of the United States,
and is being used exclusively for diplomatic or
consular purposes.
(2) Clearing corporation.--The term ``clearing
corporation'' means--
(A) a clearing agency (as defined in section
3(a)(23) of the Securities Exchange Act of 1934 (15
U.S.C. 78c(a)(23)));
(B) a Federal reserve bank; or
(C) any other person that provides clearance or
settlement services with respect to financial assets
that would require it to register as a clearing agency
under the Federal securities laws but for an exclusion
or exemption from the registration requirement under
section 3(a)(23)(B) of the Securities Exchange Act of
1934, if its activities as a clearing corporation,
including promulgation of rules, are subject to
regulation by a Federal or State governmental
authority.
(3) Financial asset; security.--The terms ``financial
asset'' and ``security'' have the meanings given those terms in
the Uniform Commercial Code.
(4) Iran.--The term ``Iran'' means the Government of Iran,
including the central bank or monetary authority of that
Government and any agency or instrumentality of that
Government.
(5) Property subject to the vienna convention on diplomatic
relations or the vienna convention on consular relations.--The
term ``property subject to the Vienna Convention on Diplomatic
Relations or the Vienna Convention on Consular Relations''
means any property the attachment in aid of execution or
execution of which would result in a violation of an obligation
of the United States under the Vienna Convention on Diplomatic
Relations, done at Vienna April 18, 1961, or the Convention on
Consular Relations, done at Vienna April 24, 1963.
(6) Securities intermediary.--The term ``securities
intermediary'' means--
(A) a clearing corporation; or
(B) a person, including a bank or broker, that in
the ordinary course of its business maintains
securities accounts for others and is acting in that
capacity.
(7) United states.--The terms ``United States'' includes
all territory and waters, continental or insular, subject to
the jurisdiction of the United States.
SEC. 504. REPORT ON MEMBERSHIP OF IRAN IN INTERNATIONAL ORGANIZATIONS.
Not later than 180 days after the date of the enactment of this
Act, and annually thereafter not later than September 1, the Secretary
of State shall submit to Congress a report listing the international
organizations of which Iran is a member and detailing the amount that
the United States contributes to each such organization on an annual
basis.
TITLE VI--GENERAL PROVISIONS
SEC. 601. TECHNICAL IMPLEMENTATION; PENALTIES.
(a) Implementation.--The President may exercise all authorities
provided under sections 203 and 205 of the International Emergency
Economic Powers Act (50 U.S.C. 1702 and 1704) to carry out--
(1) sections 211, 213, and 216, subtitle A of title III,
and title VII of this Act; and
(2) sections 105A and 105B of the Comprehensive Iran
Sanctions, Accountability, and Divestment Act of 2010, as added
by subtitle A of title IV of this Act.
(b) Penalties.--
(1) In general.--The penalties provided for in subsections
(b) and (c) of section 206 of the International Emergency
Economic Powers Act (50 U.S.C. 1705) shall apply to a person
that violates, attempts to violate, conspires to violate, or
causes a violation of a provision specified in paragraph (2) of
this subsection, or an order or regulation prescribed under
such a provision, to the same extent that such penalties apply
to a person that commits an unlawful act described in section
206(a) of that Act.
(2) Provisions specified.--The provisions specified in this
paragraph are the following:
(A) Sections 211 and 216, subtitle A of title III,
and title VII of this Act.
(B) Sections 105A and 105B of the Comprehensive
Iran Sanctions, Accountability, and Divestment Act of
2010, as added by subtitle A of title IV of this Act.
SEC. 602. APPLICABILITY TO CERTAIN INTELLIGENCE ACTIVITIES.
Nothing in this Act or the amendments made by this Act shall apply
to the authorized intelligence activities of the United States.
SEC. 603. TERMINATION.
The provisions of sections 211, 213, 215, 216, 217, and 501, title
I, and subtitle A of title III 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)).
TITLE VII--SANCTIONS WITH RESPECT TO HUMAN RIGHTS ABUSES IN SYRIA
SEC. 701. SHORT TITLE.
This title may be cited as the ``Syria Human Rights Accountability
Act of 2012''.
SEC. 702. IMPOSITION OF SANCTIONS WITH RESPECT TO CERTAIN PERSONS WHO
ARE RESPONSIBLE FOR OR COMPLICIT IN HUMAN RIGHTS ABUSES
COMMITTED AGAINST CITIZENS OF SYRIA OR THEIR FAMILY
MEMBERS.
(a) In General.--The President shall impose sanctions described in
subsection (c) with respect to each person on the list required by
subsection (b).
(b) List of Persons Who Are Responsible for or Complicit in Certain
Human Rights Abuses.--
(1) In general.--Not later than 90 days after the date of
the enactment of this Act, the President shall submit to the
appropriate congressional committees a list of persons who are
officials of the Government of Syria or persons acting on
behalf of that Government that the President determines, based
on credible evidence, are responsible for or complicit in, or
responsible for ordering, controlling, or otherwise directing,
the commission of serious human rights abuses against citizens
of Syria or their family members, regardless of whether such
abuses occurred in Syria.
(2) Updates of list.--The President shall submit to the
appropriate congressional committees an updated list under
paragraph (1)--
(A) not later than 270 days after the date of the
enactment of this Act and every 180 days thereafter;
and
(B) as new information becomes available.
(3) Form of report; public availability.--
(A) Form.--The list required by paragraph (1) shall
be submitted in unclassified form but may contain a
classified annex.
(B) Public availability.--The unclassified portion
of the list required by paragraph (1) shall be made
available to the public and posted on the websites of
the Department of the Treasury and the Department of
State.
(4) Consideration of data from other countries and
nongovernmental organizations.--In preparing the list required
by paragraph (1), the President shall consider credible data
already obtained by other countries and nongovernmental
organizations, including organizations in Syria, that monitor
the human rights abuses of the Government of Syria.
(c) Sanctions Described.--The sanctions described in this
subsection are sanctions pursuant to the International Emergency
Economic Powers Act (50 U.S.C. 1701 et seq.), including blocking of
property and restrictions or prohibitions on financial transactions and
the exportation and importation of property, subject to such
regulations as the President may prescribe.
SEC. 703. IMPOSITION OF SANCTIONS WITH RESPECT TO THE TRANSFER OF GOODS
OR TECHNOLOGIES TO SYRIA THAT ARE LIKELY TO BE USED TO
COMMIT HUMAN RIGHTS ABUSES.
(a) In General.--The President shall impose sanctions described in
section 702(c) with respect to--
(1) each person on the list required by subsection (b); and
(2) any person that--
(A) is a successor entity to a person on the list;
(B) owns or controls a person on the list, if the
person that owns or controls the person on the list had
actual knowledge or should have known that the person
on the list engaged in the activity described in
subsection (b)(2) for which the person was included in
the list; or
(C) is owned or controlled by, or under common
ownership or control with, the person on the list, if
the person owned or controlled by, or under common
ownership or control with (as the case may be), the
person on the list knowingly engaged in the activity
described in subsection (b)(2) for which the person was
included in the list.
(b) List.--
(1) In general.--Not later than 90 days after the date of
the enactment of this Act, the President shall submit to the
appropriate congressional committees a list of persons that the
President determines have knowingly engaged in an activity
described in paragraph (2) on or after such date of enactment.
(2) Activity described.--
(A) In general.--A person engages in an activity
described in this paragraph if the person--
(i) transfers, or facilitates the transfer
of, goods or technologies described in
subparagraph (C) to Syria; or
(ii) provides services with respect to
goods or technologies described in subparagraph
(C) after such goods or technologies are
transferred to Syria.
(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 goods
or technologies that the President determines are
likely to be used by the Government of Syria or any of
its agencies or instrumentalities to commit human
rights abuses against the people of Syria, including--
(i) firearms or ammunition (as those terms
are defined in section 921 of title 18, United
States Code), rubber bullets, police batons,
pepper or chemical sprays, stun grenades,
electroshock weapons, tear gas, water cannons,
or surveillance technology; or
(ii) sensitive technology.
(D) Sensitive technology defined.--
(i) In general.--For purposes of
subparagraph (C), the term ``sensitive
technology'' means hardware, software,
telecommunications equipment, or any other
technology, that the President determines is to
be used specifically--
(I) to restrict the free flow of
unbiased information in Syria; or
(II) to disrupt, monitor, or
otherwise restrict speech of the people
of Syria.
(ii) Exception.--The term ``sensitive
technology'' does not include information or
informational materials the exportation of
which the President does not have the authority
to regulate or prohibit pursuant to section
203(b)(3) of the International Emergency
Economic Powers Act (50 U.S.C. 1702(b)(3)).
(3) Special rule to allow for termination of sanctionable
activity.--The President shall not be required to include a
person on the list required by paragraph (1) if the President
certifies in writing to the appropriate congressional
committees that--
(A) the person is no longer engaging in, or has
taken significant verifiable steps toward stopping, the
activity described in paragraph (2) for which the
President would otherwise have included the person on
the list; and
(B) the President has received reliable assurances
that the person will not knowingly engage in any
activity described in paragraph (2) in the future.
(4) Updates of list.--The President shall submit to the
appropriate congressional committees an updated list under
paragraph (1)--
(A) not later than 270 days after the date of the
enactment of this Act and every 180 days thereafter;
and
(B) as new information becomes available.
(5) Form of report; public availability.--
(A) Form.--The list required by paragraph (1) shall
be submitted in unclassified form but may contain a
classified annex.
(B) Public availability.--The unclassified portion
of the list required by paragraph (1) shall be made
available to the public and posted on the websites of
the Department of the Treasury and the Department of
State.
SEC. 704. IMPOSITION OF SANCTIONS WITH RESPECT TO PERSONS WHO ENGAGE IN
CENSORSHIP OR OTHER FORMS OF REPRESSION IN SYRIA.
(a) In General.--The President shall impose sanctions described in
section 702(c) with respect to each person on the list required by
subsection (b).
(b) List of Persons Who Engage in Censorship.--
(1) In general.--Not later than 90 days after the date of
the enactment of this Act, the President shall submit to the
appropriate congressional committees a list of persons that the
President determines have engaged in censorship, or activities
relating to censorship, in a manner that prohibits, limits, or
penalizes the legitimate exercise of freedom of expression by
citizens of Syria.
(2) Updates of list.--The President shall submit to the
appropriate congressional committees an updated list under
paragraph (1)--
(A) not later than 270 days after the date of the
enactment of this Act and every 180 days thereafter;
and
(B) as new information becomes available.
(3) Form of report; public availability.--
(A) Form.--The list required by paragraph (1) shall
be submitted in unclassified form but may contain a
classified annex.
(B) Public availability.--The unclassified portion
of the list required by paragraph (1) shall be made
available to the public and posted on the websites of
the Department of the Treasury and the Department of
State.
SEC. 705. WAIVER.
The President may waive the requirement to include a person on a
list required by section 702, 703, or 704 or to impose sanctions
pursuant to any such section if the President--
(1) determines that such a waiver is in the national
security interests of the United States; and
(2) submits to the appropriate congressional committees a
report on the reasons for that determination.
SEC. 706. TERMINATION.
(a) In General.--The provisions of this title and any sanctions
imposed pursuant to this title shall terminate on the date on which the
President submits to the appropriate congressional committees--
(1) the certification described in subsection (b); and
(2) a certification that--
(A) the Government of Syria is democratically
elected and representative of the people of Syria; or
(B) a legitimate transitional government of Syria
is in place.
(b) Certification Described.--A certification described in this
subsection is a certification by the President that the Government of
Syria--
(1) has unconditionally released all political prisoners;
(2) has ceased its practices of violence, unlawful
detention, torture, and abuse of citizens of Syria engaged in
peaceful political activity;
(3) has ceased its practice of procuring sensitive
technology designed to restrict the free flow of unbiased
information in Syria, or to disrupt, monitor, or otherwise
restrict the right of citizens of Syria to freedom of
expression;
(4) has ceased providing support for foreign terrorist
organizations and no longer allows such organizations,
including Hamas, Hezbollah, and Palestinian Islamic Jihad, to
maintain facilities in territory under the control of the
Government of Syria; and
(5) has ceased the development and deployment of medium-
and long-range surface-to-surface ballistic missiles;
(6) is not pursuing or engaged in the research,
development, acquisition, production, transfer, or deployment
of biological, chemical, or nuclear weapons, and has provided
credible assurances that it will not engage in such activities
in the future; and
(7) has agreed to allow the United Nations and other
international observers to verify that the Government of Syria
is not engaging in such activities and to assess the
credibility of the assurances provided by that Government.
(c) Suspension of Sanctions After Election of Democratic
Government.--If the President submits to the appropriate congressional
committees the certification described in subsection (a)(2), the
President may suspend the provisions of this title and any sanctions
imposed under this title for not more than one year to allow time for a
certification described in subsection (b) to be submitted.
Calendar No. 320
112th CONGRESS
2d Session
S. 2101
_______________________________________________________________________
A BILL
To strengthen the multilateral sanctions regime with respect to Iran,
to expand sanctions relating to the energy sector of Iran, the
proliferation of weapons of mass destruction by Iran, and human rights
abuses in Iran, and for other purposes.
_______________________________________________________________________
February 13, 2012
Read twice and placed on the calendar
Introduced in Senate
Committee on Banking, Housing, and Urban Affairs. Original measure reported to Senate by Senator Johnson SD. Without written report.
Committee on Banking, Housing, and Urban Affairs. Original measure reported to Senate by Senator Johnson SD. Without written report.
Placed on Senate Legislative Calendar under General Orders. Calendar No. 320.
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