I 111th CONGRESS 1st Session H. R. 2375 IN THE HOUSE OF REPRESENTATIVES May 12, 2009 Mr. Sherman (for himself, Ms. Ros-Lehtinen, Mr. Klein of Florida, Mr. Burton of Indiana, and Mr. Kirk) introduced the following bill; which was referred to the Committee on Foreign Affairs, and in addition to the Committees on the Judiciary, Oversight and Government Reform, and Ways and Means, 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 require the application of sanctions against affiliates of the Iran Revolutionary Guard Corps, and for other purposes.

1.

Short title

This Act may be cited as the Iran Revolutionary Guard Corps Designation Implementation Act.

2.

Findings

Congress finds the following: (1)The Iran Revolutionary Guard Corps (IRGC) is a political and ideological military organization of Iran’s government, separate from the Iranian military. It globally spreads Iran’s ideology to terrorist groups and began deploying fighters abroad during the Iran-Iraq War in an effort to spread the ideology of the Iranian Revolution throughout the Middle East. (2)The Qods Force, a paramilitary arm of the IRGC, was created to conduct foreign operations—beginning in Iraq’s Kurdish region—and to forge relationships with Shiite and Kurdish groups. A Qods unit was also deployed to Lebanon in 1982, where it helped to form Hizballah. (3)The IRGC was designated as an entity of proliferation concern under Executive Order 13382 on October 21, 2007, and the Qods Force was designated as a terrorism supporting entity under Executive Order 13224 on October 25, 2007. (4)To further the support of terrorism abroad, Iran’s government allows the IRGC to raise funds and own businesses. The IRGC often operates through front businesses and affiliate groups. (5)The IRGC and Qods Force front businesses and affiliate groups represent an important part of the Iranian economy. The National Iranian Gas Company issued one such firm, Khatam-ol-Anbia (Ghorb), a $1.3 billion contract to construct Iran’s seventh gas pipeline. In June 2006, Pars Oil and Gas Company, a subsidiary of the state-owned National Iranian Oil Company, awarded Ghorb a $2.3 billion contract to develop Phases 15-16 of Iran’s South Pars development—the world's second largest gas field. In July 2006, Tehran Urban & Suburban Railway Company granted Ghorb a $1.2 billion contract to build the seventh line of Tehran’s metro system and a $350 million civil engineering contract for the fourth line. (6)In 2008, IRGC naval ships aggressively approached the USS Port Royal, USS Hopper, and USS Ingraham, during a routine transit at the Strait of Hormuz. (7)Members of the IRGC captured 15 British sailors and marines who were inspecting ships in the Persian Gulf near the demarcation line that separates the territorial waters of Iran and Iraq. (8)In December 2006 and January 2007, Iranian surrogates—the Qazali and Sheibani networks, which are now collectively referred to as the Special Groups—stepped up their attacks on Iraqi and Coalition forces. The Qazali network conducted sophisticated operations against United States forces at the Karbala Joint Provincial Coordination Center, kidnapping and killing five United States soldiers during the aborted operation. (9)The Qods Force has provided aid in the form of weapons, training, and funding to Hamas, Palestine Islamic Jihad, the Popular Front for the Liberation of Palestine-General Command, Hizballah, Iraq-based militants, and Taliban fighters in Afghanistan. (10)The United States military reported in February 2007 that the Qods Force was furnishing assistance to Shiite militias in Iraq to assemble improvised explosive devices (IEDs) and explosively formed projectiles (EFPs) that had been used to kill over 150 United States service personnel. (11)United States commanders in Afghanistan—along with the Department of State’s Report on International Terrorism for 2007 and 2008—have cited specific weapons shipments by Iran, implemented by the Qods Force, to Taliban militants in Afghanistan. The Qods Force provided training to the Taliban on small unit tactics, small arms, explosives, and indirect fire weapons. Since at least 2006, Iran has arranged arms shipments including small arms and associated ammunition, rocket propelled grenades, mortar rounds, 107-mm rockets, and plastic explosives to select Taliban members.

3.

Sanctions against affiliates of the Iran Revolutionary Guard Corps

(a)

Publication of names of affiliates in federal register

Not later than 90 days after the date of the enactment of this Act, and as appropriate thereafter, the President shall publish in the Federal Register the name of each foreign person or foreign entity for which there is credible information indicating that the person or entity is as an agent, alias, front, instrumentality, official, or affiliate of the Iran Revolutionary Guard Corps or is an individual serving as a representative of the Iran Revolutionary Guard Corps. (b)

Application of existing sanctions against Iran to affiliates

The President shall apply to each foreign person or foreign entity identified in the Federal Register pursuant to subsection (a) all applicable sanctions of the United States in force against the Iran Revolutionary Guard Corps as of the date of publication of the name of the person or entity in the Federal Register, including measures contained in the following Executive orders: (1)Executive Order 13224 (66 Fed. Reg. 49079; relating to blocking property and prohibiting transactions with persons who commit, threaten to commit, or support terrorism). (2)Executive Order 13382 (70 Fed. Reg. 38567; relating to blocking property of weapons of mass destruction proliferators and their supporters). (c)

Sanctions under Executive Order 13438

(1)

Publication of names of affiliates in federal register

Not later than 90 days after the date of the enactment of this Act, and as appropriate thereafter, the President shall publish in the Federal Register the name of each foreign person or foreign entity— (A)for which there is credible information indicating that the person or entity is as an agent, alias, front, instrumentality, official, or affiliate of the Iran Revolutionary Guard Corps or is an individual serving as a representative of the Iran Revolutionary Guard Corps; and (B)for which there is credible evidence that the foreign person or foreign entity— (i)has committed, or poses a significant risk of committing, an act or acts of violence that have the purpose or effect of— (I)threatening the peace or stability of Iraq or the Government of Iraq; or (II)undermining efforts to promote economic reconstruction and political reform in Iraq or to provide humanitarian assistance to the Iraqi people; (ii)has materially assisted, sponsored, or provided financial, material, logistical, or technical support for, or goods or services in support of, such an act or acts of violence or any person whose property and interests in property are blocked pursuant to Executive Order 13438; or (iii)is owned or controlled by, or has acted or purported to act for or on behalf of, directly or indirectly, any person whose property and interests in property are blocked pursuant to Executive Order 13438. (2)

Application of sanctions under executive order 13438

The President shall apply to each foreign person or foreign entity identified in the Federal Register pursuant to paragraph (1) all applicable sanctions and measures of the United States contained in Executive Order 13438 (72 Fed. Reg. 39719; relating to blocking property of certain persons who threaten stabilization efforts in Iraq). (d)

Exclusion from United States

The Secretary of State shall deny a visa to, and the Secretary of Homeland Security shall exclude from the United States, any alien who, on or after the date of the enactment of this Act, is a foreign person identified in the Federal Register pursuant to subsection (a) or (c). (e)

Rule of construction

Nothing in this section shall be construed to remove any sanction of the United States in force against the Iran Revolutionary Guard Corps as of the date of the enactment of this Act by reason of the fact that the Iran Revolutionary Guard Corps is an entity of the Government of Iran.

4.

Measures against foreign persons or entities supporting the Iran Revolutionary Guard Corps

(a)

Notification

Whenever the President determines that there is credible information indicating that a foreign person or foreign entity, on or after the date of the enactment of this Act, knowingly— (1)provided material support to the Iran Revolutionary Guard Corps or any affiliated foreign person or foreign entity identified pursuant to section 3 (a) or (c), or (2)conducted any commercial transaction or financial transaction with the Iran Revolutionary Guards Corps or any affiliated foreign person or foreign entity identified pursuant to section 3 (a) or (c), the President shall submit to the appropriate congressional committees a notification that contains the name of the foreign person or foreign entity (as the case may be).(b)

Form

The President may submit the notification required under subsection (a) in classified form. (c)

Executive Order 12938 sanctions

Not later than 60 days after the date on which the President provides notice to the appropriate congressional committees pursuant to subsection (a), the President shall apply to each foreign person or foreign entity identified in such notice, for such time as the President may determine, the measures set forth in section 4 of Executive Order 12938 (59 Fed. Reg. 59099; relating to proliferation of weapons of mass destruction) and shall terminate such measures in accordance with the provisions of such section. (d)

IEEPA sanctions

The President may exercise the authorities the President has under section 203(a) of the International Emergency Economic Powers Act (50 U.S.C. 1702(a)) to impose additional sanctions on each foreign person or foreign entity identified pursuant to subsection (a) of this section, for such time as the President may determine, without regard to section 202 of that Act. (e)

Waiver

The President may waive the application of any measure described in subsection (c) with respect to a foreign person or foreign entity if the President— (1)(A)determines that the person or entity has ceased the offending activity and has taken measures to prevent its recurrence; or (B)determines that it is vital to the national security interests of the United States to do so; and (2)submits to the appropriate congressional committees a report that contains the reasons for the determination.

5.

Special measures against foreign governments supporting the Iran Revolutionary Guards Corps

(a)

Executive Order 12938 sanctions

With respect to any foreign entity identified pursuant to section 4(a) that is a foreign government, the President shall, in addition to applying to the entity the measures described in section 4(d), apply to the entity the measures set forth in section 5(b) of Executive Order 12938. (b)

Waiver

The President may waive the application of any measure described in subsection (a) with respect to a foreign entity if the President— (1)(A)determines that the entity has ceased the offending activity and has taken measures to prevent its recurrence; or (B)determines that it is vital to the national security interests of the United States to do so; and (2)submits to the appropriate congressional committees a report that contains the reasons for the determination.

6.

Definitions

In this Act: (1)

Appropriate congressional committees

The term appropriate congressional committees means the Committee on Foreign Affairs of the House of Representatives and the Committee on Foreign Relations of the Senate. (2)

Foreign person

The term foreign person has the meaning given the term in section 14 of the Iran Sanctions Act of 1996. (3)

Iran Revolutionary Guard Corps

The term Iran Revolutionary Guard Corps includes the Iran Revolutionary Guard Corps-Qods Force.