Closing IRGC Sanctions Loopholes Act
This bill expands sanctions on those associated with Iran's Revolutionary Guard Corps (IRGC).
Current law requires the President to identify foreign persons (individuals and entities) that are officials, agents, or affiliates of the IRGC and impose visa- and property-blocking sanctions on them. The bill expands this requirement to include identifying and sanctioning foreign persons that are owned or controlled by the IRGC. The President must also identify foreign persons attempting to conduct sensitive transactions or activities on behalf of such IRGC-associated persons.
The bill expands the definition of sensitive transactions or activities, which are used to identify persons potentially subject to sanctions, to include transactions providing support for an act of international terrorism or providing material support to (1) a foreign terrorist organization, (2) a foreign person sanctioned under Executive Order 13224 (related to sanctioning those who commit or support terrorism), or (3) the Syrian government or its agencies or instrumentalities. Additionally, the bill lowers the threshold for financial transactions involving non-Iranian financial institutions to qualify as a sensitive transaction from $1,000,000 to $500,000 per year and adds similar transactions involving Iranian financial institutions.
The bill requires the President to investigate certain categories of foreign persons to determine if they are subject to these sanctions (versus prioritizing such investigations as under current law). The bill also adds foreign persons listed in specified attachments to U.N. Security Council Resolution 2231 (concerning Iran's nuclear program) as a new category the President must investigate to determine if there are any sanctionable relationships to the IRGC.
[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2958 Introduced in House (IH)]
<DOC>
118th CONGRESS
1st Session
H. R. 2958
To provide for additional sanctions with respect to foreign persons
that are officials, agents, or affiliates of, or owned or controlled
by, Iran's Revolutionary Guard Corps.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
April 27, 2023
Mr. Lamborn (for himself and Mr. Hern) introduced the following bill;
which was referred to the Committee on Foreign Affairs, and in addition
to the Committee on the Judiciary, for a period to be subsequently
determined by the Speaker, in each case for consideration of such
provisions as fall within the jurisdiction of the committee concerned
_______________________________________________________________________
A BILL
To provide for additional sanctions with respect to foreign persons
that are officials, agents, or affiliates of, or owned or controlled
by, Iran's Revolutionary Guard Corps.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Closing IRGC Sanctions Loopholes
Act''.
SEC. 2. ADDITIONAL SANCTIONS WITH RESPECT TO FOREIGN PERSONS THAT ARE
OFFICIALS, AGENTS, OR AFFILIATES OF, OR OWNED OR
CONTROLLED BY, IRAN'S REVOLUTIONARY GUARD CORPS.
(a) In General.--Section 301(a) of the Iran Threat Reduction and
Syria Human Rights Act of 2012 (22 U.S.C. 8741(a)) is amended--
(1) in the matter preceding paragraph (1), by striking
``Not later than 90 days after the date of the enactment of
this Act, and as appropriate thereafter,'' and inserting ``Not
later than 180 days after the date of the enactment of the
National Defense Authorization Act for Fiscal Year 2023, and
every 180 days thereafter,'';
(2) in paragraph (1)--
(A) by inserting ``, or owned or controlled by,''
after ``affiliates of''; and
(B) by striking ``and'' at the end;
(3) in paragraph (2), by striking the period at the end and
inserting ``; and''; and
(4) by adding at the end the following:
``(3) identify foreign persons with respect to which there
is a reasonable basis to determine that the foreign persons
have, directly or indirectly, attempted to conduct one or more
sensitive transactions or activities described in subsection
(c) for or on behalf of a foreign person described in paragraph
(1).''.
(b) Priority for Investigation; Determination and Report.--Section
301(b) of the Iran Threat Reduction and Syria Human Rights Act of 2012
(22 U.S.C. 8741(b)) is amended to read as follows:
``(b) Priority for Investigation; Determination and Report.--
``(1) 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 investigate--
``(A) foreign persons or entities identified under
section 560.304 of title 31, Code of Federal
Regulations (relating to the definition of the
Government of Iran);
``(B) 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);
and
``(C) foreign persons listed under the headings
`Attachment 3' or `Attachment 4' in Annex A of United
Nations Security Council Resolution 2231, adopted on
July 20, 2015.''.
(c) Sensitive Transactions and Activities Described.--Section
301(c) of the Iran Threat Reduction and Syria Human Rights Act of 2012
(22 U.S.C. 8741(c)) is amended--
(1) in paragraph (1)--
(A) by striking ``$1,000,000'' and inserting
``$500,000''; and
(B) by inserting ``Iranian financial institution
or'' after ``involving a'';
(2) by redesignating paragraphs (3), (4), and (5) as
paragraphs (6), (7), and (8), respectively; and
(3) by inserting after paragraph (2) the following new
paragraphs:
``(3) a transaction to provide material support for an
organization designated as a foreign terrorist organization
under section 219(a) of the Immigration and Nationality Act (8
U.S.C. 1189(a)) or support for an act of international
terrorism (as defined in section 14 of the Iran Sanctions Act
of 1996 (Public Law 104-172; 50 U.S.C. 1701 note));
``(4) a transaction to provide material support to a
foreign person whose property and access to property has been
blocked pursuant to Executive Order 13224 (September 23, 2001;
relating to blocking property and prohibiting transactions with
persons who commit, threaten to commit, or support terrorism);
``(5) a transaction to provide material support for the
Government of Syria or any agency or instrumentality
thereof;''.
(d) Waiver of Imposition of Sanctions.--Section 301(e) of the Iran
Threat Reduction and Syria Human Rights Act of 2012 (22 U.S.C. 8741(e))
is amended by adding at the end the following:
``(3) Sunset.--The provisions of this subsection and any
waivers issued pursuant to this subsection shall terminate at
the close of December 31, 2025.''.
(e) Regulations, Implementation, Penalties, and Definitions.--
Section 301 of the Iran Threat Reduction and Syria Human Rights Act of
2012 (22 U.S.C. 8741) is amended--
(1) by redesignating subsection (f) as subsection (h); and
(2) by inserting after subsection (e) the following new
subsections:
``(f) Penalties.--A person that violates, attempts to violate,
conspires to violate, or causes a violation of subsection (a) or any
regulation, license, or order issued to carry out subsection (a) shall
be subject to the penalties set forth in subsections (b) and (c) of
section 206 of the International Emergency Economic Powers Act (50
U.S.C. 1705) to the same extent as a person that commits an unlawful
act described in subsection (a) of that section.
``(g) Definitions.--In this section:
``(1) Foreign person.--The term `foreign person' means--
``(A) an individual who is not a United States
person;
``(B) a corporation, partnership, or other
nongovernmental entity which is not a United States
person; or
``(C) any representative, agent or instrumentality
of, or an individual working on behalf of a foreign
government.
``(2) Iran's revolutionary guard corps.--The term `Iran's
Revolutionary Guard Corps' includes any senior foreign
political figure (as defined in section 1010.605 of title 31,
Code of Federal Regulations) of Iran's Revolutionary Guard
Corps.
``(3) Own or control.--The term `own or control' means,
with respect to an entity--
``(A) to hold more than 25 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.
``(4) United states person.--The term `United States
person' means--
``(A) a United States citizen or an alien lawfully
admitted for permanent residence to the United States;
or
``(B) an entity organized under the laws of the
United States or of any jurisdiction within the United
States, including a foreign branch of such an
entity.''.
(f) Conforming and Clerical Amendments.--The Iran Threat Reduction
and Syria Human Rights Act of 2012 (22 U.S.C. 8701 et seq.) is
amended--
(1) by striking the heading of section 301 and inserting
the following:
``SEC. 301. IDENTIFICATION OF, AND IMPOSITION OF SANCTIONS WITH RESPECT
TO, FOREIGN PERSONS THAT ARE OFFICIALS, AGENTS OR
AFFILIATES OF, OR OWNED OR CONTROLLED BY, IRAN'S
REVOLUTIONARY GUARD CORPS.''; AND
(2) in the table of contents, by striking the item relating
to section 301 and inserting the following:
``Sec. 301. Identification of, and imposition of sanctions with respect
to, foreign persons that are officials,
agents or affiliates of, or owned or
controlled by, Iran's Revolutionary Guard
Corps.''.
<all>
Introduced in House
Introduced in House
Referred to the Committee on Foreign Affairs, and in addition to the Committee on the Judiciary, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.
Referred to the Committee on Foreign Affairs, and in addition to the Committee on the Judiciary, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.
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