[Congressional Bills 104th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1541 Introduced in House (IH)]







104th CONGRESS
  1st Session
                                H. R. 1541

   To impose economic sanctions against persons who trade with Iran.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                              May 2, 1995

   Mr. King introduced the following bill; which was referred to the 
Committee on International Relations, and in addition to the Committees 
on Ways and Means and Government Reform and Oversight, 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 impose economic sanctions against persons who trade with Iran.

    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 ``Iran Foreign Sanctions Act of 
1995''.

SEC. 2. IMPOSITION OF SANCTIONS ON PERSONS ENGAGING IN TRADE WITH IRAN.

    (a) Determination by the President.--
            (1) In general.--The President shall impose the sanctions 
        described in subsection (b) if the President determines in 
        writing that, on or after the date of enactment of this Act, a 
        foreign person has, with requisite knowledge, engaged in trade 
        with Iran in any goods or technology (as defined in section 16 
        of the Export Administration Act of 1979).
            (2) Persons against which the sanctions are to be 
        imposed.--The sanctions shall be imposed pursuant to paragraph 
        (1) on--
                    (A) the foreign person with respect to which the 
                President makes the determination described in that 
                paragraph;
                    (B) any successor entity to that foreign person;
                    (C) any foreign person that is a parent or 
                subsidiary of that person if that parent or subsidiary 
                with requisite knowledge engaged in the activities 
                which were the basis of that determination; and
                    (D) any foreign person that is an affiliate of that 
                person if that affiliate with requisite knowledge 
                engaged in the activities which were the basis of that 
                determination and if that affiliate is controlled in 
                fact by that person.
    (b) Sanctions.--
            (1) Description of sanctions.--The sanctions to be imposed 
        pursuant to subsection (a)(1) are, except as provided in 
        paragraph (2) of this subsection, as follows:
                    (A) Procurement sanction.--The United States 
                Government shall not procure, or enter into any 
                contract for the procurement of, any goods or services 
                from any person described in subsection (a)(2).
                    (B) Export sanction.--The United States Government 
                shall not issue any license for any export by or to any 
                person described in subsection (a)(2).
                    (C) Import sanction.--The importation into the 
                United States of any good or service from, or produced 
                (in whole or in part) by, any person described in 
                subsection (a)(2) is prohibited.
            (2) Exceptions.--The President shall not be required to 
        apply or maintain the sanctions under this section--
                    (A) in the case of procurement of defense articles 
                or defense services--
                            (i) under existing contracts or 
                        subcontracts, including the exercise of options 
                        for production quantities to satisfy 
                        requirements essential to the national security 
                        of the United States;
                            (ii) if the President determines in writing 
                        that the person or other entity to which the 
                        sanction would otherwise be applied is a sole 
                        source supplier of the defense articles or 
                        services, that the defense articles or services 
                        are essential, and that alternative sources are 
                        not readily or reasonably available; or
                            (iii) if the President determines in 
                        writing that such articles or services are 
                        essential to the national security under 
                        defense coproduction agreements;
                    (B) to products or services provided under 
                contracts entered into before the date on which the 
                President publishes his intention to impose the 
                sanction;
                    (C) to--
                            (i) spare parts which are essential to 
                        United States products or production;
                            (ii) component parts, but not finished 
                        products, essential to United States products 
                        or production; or
                            (iii) routine servicing and maintenance of 
                        products, to the extent that alternative 
                        sources are not readily or reasonably 
                        available;
                    (D) to information and technology essential to 
                United States products or production; or
                    (E) to medical or other humanitarian items.
    (c) Supersedes Existing Law.--The provisions of this section 
supersede the provisions of section 1604 of the Iran-Iraq Arms Non-
Proliferation Act of 1992 (as contained in Public Law 102-484) as such 
section applies to Iran.

SEC. 3. WAIVER AUTHORITY.

    The provisions of section 2 shall not apply if the President 
determines and certifies to the appropriate congressional committees 
that Iran--
            (1) has substantially improved its adherence to 
        internationally recognized standards of human rights;
            (2) has ceased its efforts to acquire a nuclear explosive 
        device; and
            (3) has ceased support for acts of international terrorism.

SEC. 4. REPORT REQUIRED.

    Beginning 60 days after the date of enactment of this Act, and 
every 90 days thereafter, the President shall transmit to the 
appropriate congressional committees a report describing--
            (1) the nuclear and other military capabilities of Iran; 
        and
            (2) the support, if any, provided by Iran for acts of 
        international terrorism.

SEC. 5. DEFINITIONS.

    As used in this Act:
            (1) Act of international terrorism.--The term ``act of 
        international terrorism'' means an act--
                    (A) which is violent or dangerous to human life and 
                that is a violation of the criminal laws of the United 
                States or of any State or that would be a criminal 
                violation if committed within the jurisdiction of the 
                United States or any State; and
                    (B) which appears to be intended--
                            (i) to intimidate or coerce a civilian 
                        population;
                            (ii) to influence the policy of a 
                        government by intimidation or coercion; or
                            (iii) to affect the conduct of a government 
                        by assassination or kidnapping.
            (2) Appropriate congressional committees.--The term 
        ``appropriate congressional committees'' means the Committees 
        on Banking, Housing, and Urban Affairs and Foreign Relations of 
        the Senate and the Committees on Banking and Financial Services 
        and International Relations of the House of Representatives.
            (3) Foreign person.--The term ``foreign person'' means--
                    (A) an individual who is not a United States 
                national or an alien admitted for permanent residence 
                to the United States; or
                    (B) a corporation, partnership, or other 
                nongovernment entity which is not a United States 
                national.
            (4) Iran.--The term ``Iran'' includes any agency or 
        instrumentality of Iran.
            (5) Nuclear explosive device.--The term ``nuclear explosive 
        device'' means any device, whether assembled or disassembled, 
        that is designed to produce an instantaneous release of an 
        amount of nuclear energy from special nuclear material that is 
        greater than the amount of energy that would be released from 
        the detonation of one pound of trinitrotoluene (TNT).
            (6) Requisite knowledge.--The term ``requisite knowledge'' 
        means situations in which a person ``knows'', as ``knowing'' is 
        defined in section 104 of the Foreign Corrupt Practices Act of 
        1977 (15 U.S.C. 78dd-2).
            (7) State.--The term ``State'' means each of the several 
        States, the District of Columbia, the Commonwealth of Puerto 
        Rico, the Commonwealth of the Northern Mariana Islands, 
        American Samoa, Guam, the United States Virgin Islands, and any 
        other territory or possession of the United States.
            (8) United states.--The term ``United States'' means the 
        several States, the District of Columbia, the Commonwealth of 
        Puerto Rico, the Commonwealth of the Northern Mariana Islands, 
        American Samoa, Guam, the United States Virgin Islands, and any 
        other territory or possession of the United States.
            (9) United states national.--The term ``United States 
        national'' means--
                    (A) a natural person who is a citizen of the United 
                States or who owes permanent allegiance to the United 
                States;
                    (B) a corporation or other legal entity which is 
                organized under the laws of the United States, any 
                State or territory thereof, or the District of 
                Columbia, if natural persons who are nationals of the 
                United States own, directly or indirectly, more than 50 
                percent of the outstanding capital stock or other 
                beneficial interest in such legal entity; and
                    (C) any foreign subsidiary of a corporation or 
                other legal entity described in subparagraph (B).
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