[Congressional Bills 112th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1905 Engrossed Amendment House (EAH)]
In the House of Representatives, U. S.,
August 1, 2012.
Resolved, That the House agree to the amendment of the Senate to
the bill (H.R. 1905) entitled ``An Act to strengthen Iran sanctions
laws for the purpose of compelling Iran to abandon its pursuit of
nuclear weapons and other threatening activities, and for other
purposes.'', with the following
HOUSE AMENDMENT TO SENATE AMENDMENT:
In lieu of the matter proposed to be inserted by the
amendment of the Senate, insert the following:
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``Iran Threat
Reduction and Syria 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. Definitions.
TITLE I--EXPANSION OF MULTILATERAL SANCTIONS REGIME WITH RESPECT TO
IRAN
Sec. 101. Sense of Congress on enforcement of multilateral sanctions
regime and expansion and implementation of
sanctions laws.
Sec. 102. Diplomatic efforts to expand multilateral sanctions regime.
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 the Iran Sanctions Act of 1996
Sec. 201. Expansion of sanctions with respect to the energy sector of
Iran.
Sec. 202. Imposition of sanctions with respect to transportation of
crude oil from Iran and evasion of
sanctions by shipping companies.
Sec. 203. Expansion of sanctions with respect to development by Iran of
weapons of mass destruction.
Sec. 204. Expansion of sanctions available under the Iran Sanctions Act
of 1996.
Sec. 205. Modification of waiver standard under the Iran Sanctions Act
of 1996.
Sec. 206. Briefings on implementation of the Iran Sanctions Act of
1996.
Sec. 207. Expansion of definitions under the Iran Sanctions Act of
1996.
Sec. 208. Sense of Congress on energy sector of Iran.
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 provision of
underwriting services or insurance or
reinsurance for the National Iranian Oil
Company or the National Iranian Tanker
Company.
Sec. 213. Imposition of sanctions with respect to purchase,
subscription to, or facilitation of the
issuance of Iranian sovereign debt.
Sec. 214. Imposition of sanctions with respect to subsidiaries and
agents of persons sanctioned by United
Nations Security Council resolutions.
Sec. 215. Imposition of sanctions with respect to transactions with
persons sanctioned for certain activities
relating to terrorism or proliferation of
weapons of mass destruction.
Sec. 216. Expansion of, and reports on, mandatory sanctions with
respect to financial institutions that
engage in certain activities relating to
Iran.
Sec. 217. Continuation in effect of sanctions with respect to the
Government of Iran, the Central Bank of
Iran, and sanctions evaders.
Sec. 218. Liability of parent companies for violations of sanctions by
foreign subsidiaries.
Sec. 219. Disclosures to the Securities and Exchange Commission
relating to sanctionable activities.
Sec. 220. Reports on, and authorization of imposition of sanctions with
respect to, the provision of specialized
financial messaging services to the Central
Bank of Iran and other sanctioned Iranian
financial institutions.
Sec. 221. Identification of, and immigration restrictions on, senior
officials of the Government of Iran and
their family members.
Sec. 222. Sense of Congress and rule of construction relating to
certain authorities of State and local
governments.
Sec. 223. Government Accountability Office report on foreign entities
that invest in the energy sector of Iran or
export refined petroleum products to Iran.
Sec. 224. 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. Identification of, and imposition of measures with respect
to, foreign government agencies carrying
out activities or transactions with certain
Iran-affiliated persons.
Sec. 304. 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 on certain persons responsible for or
complicit in human rights abuses committed
against citizens of Iran or their family
members after the June 12, 2009, elections
in Iran.
Sec. 402. 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. 403. 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
Sec. 411. Codification of sanctions with respect to grave human rights
abuses by the governments of Iran and Syria
using information technology.
Sec. 412. Clarification of sensitive technologies for purposes of
procurement ban under Comprehensive Iran
Sanctions, Accountability, and Divestment
Act of 2010.
Sec. 413. Expedited consideration of requests for authorization of
certain human rights-, humanitarian-, and
democracy-related activities with respect
to Iran.
Sec. 414. Comprehensive strategy to promote Internet freedom and access
to information in Iran.
Sec. 415. Statement of policy 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. Interests in certain financial assets of Iran.
Sec. 503. Technical correction to section 1245 of the National Defense
Authorization Act for Fiscal Year 2012.
Sec. 504. Expansion of sanctions under section 1245 of the National
Defense Authorization Act for Fiscal Year
2012.
Sec. 505. Reports on natural gas exports from Iran.
Sec. 506. Report on membership of Iran in international organizations.
Sec. 507. Sense of Congress on exportation of goods, services, and
technologies for aircraft produced in the
United States.
TITLE VI--GENERAL PROVISIONS
Sec. 601. Implementation; penalties.
Sec. 602. Applicability to certain intelligence activities.
Sec. 603. Applicability to certain natural gas projects.
Sec. 604. Rule of construction with respect to use of force against
Iran and Syria.
Sec. 605. 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. DEFINITIONS.
Except as otherwise specifically provided, 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) Financial transaction.--The term ``financial
transaction'' means any transfer of value involving a financial
institution, including the transfer of forwards, futures,
options, swaps, or precious metals, including gold, silver,
platinum, and palladium.
(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. SENSE OF CONGRESS ON ENFORCEMENT OF MULTILATERAL SANCTIONS
REGIME AND EXPANSION 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 a
comprehensive policy that includes economic sanctions, diplomacy, and
military planning, capabilities and options, and that this objective is
consistent with the one stated by President Barack Obama in the 2012
State of the Union Address: ``Let there be no doubt: America is
determined to prevent Iran from getting a nuclear weapon, and I will
take no options off the table to achieve that goal''. Among the
economic measures to be taken are--
(1) prompt enforcement of the current multilateral
sanctions regime with respect to Iran;
(2) full, timely, and vigorous implementation of all
sanctions enacted into law, including sanctions imposed or
expanded by this Act or amendments made by this Act, through--
(A) intensified monitoring by the President and the
designees of the President, including the Secretary of
the Treasury, the Secretary of State, and senior
officials in the intelligence community (as defined in
section 3(4) of the National Security Act of 1947 (50
U.S.C. 401a(4)), as appropriate;
(B) more extensive use of extraordinary authorities
provided for under the International Emergency Economic
Powers Act (50 U.S.C. 1701 et seq.) and other sanctions
laws;
(C) reallocation of resources to provide the
personnel necessary, within the Department of the
Treasury, the Department of State, and the Department
of Commerce, and, where appropriate, the intelligence
community, to apply and enforce sanctions; and
(D) expanded cooperation with international
sanctions enforcement efforts;
(3) urgent consideration of the expansion of existing
sanctions with respect to such areas as--
(A) the provision of energy-related services to
Iran;
(B) the provision of insurance and reinsurance
services to Iran;
(C) the provision of shipping services to Iran; and
(D) those Iranian financial institutions not yet
designated for the imposition of sanctions that may be
acting as intermediaries for Iranian financial
institutions that are designated for the imposition of
sanctions; and
(4) a focus on countering Iran's efforts to evade
sanctions, including--
(A) the activities of telecommunications, Internet,
and satellite service providers, in and outside of
Iran, to ensure that such providers are not
participating in or facilitating, directly or
indirectly, the evasion of the sanctions regime with
respect to Iran or violations of the human rights of
the people of Iran;
(B) the activities of financial institutions or
other businesses or government agencies, in or outside
of Iran, not yet designated for the imposition of
sanctions; and
(C) urgent and ongoing evaluation of Iran's energy,
national security, financial, and telecommunications
sectors, to gauge the effects of, and possible defects
in, particular sanctions, with prompt efforts to
correct any gaps in the existing sanctions regime with
respect to Iran.
SEC. 102. DIPLOMATIC EFFORTS TO EXPAND MULTILATERAL SANCTIONS REGIME.
(a) Multilateral Negotiations.--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, for the purpose of--
(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--
(i) 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; and
(ii) apply the prohibitions described in
clause (i) to other Iranian entities designated
for the imposition of sanctions on or after the
date of the enactment of this Act;
(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
eliminate 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 sanctions or take other measures to further the policy
set forth in subsection (a);
(2) the extent of the implementation and enforcement of
those sanctions or other measures by those countries;
(3) the criteria the President uses to determine whether a
country has significantly reduced its crude oil purchases from
Iran pursuant to section 1245(d)(4)(D) of the National Defense
Authorization Act for Fiscal Year 2012, as amended by section
504, including considerations of reductions both in terms of
volume and price;
(4) an identification of the countries that have not agreed
to impose such sanctions or measures, including such countries
granted exceptions for significant reductions in crude oil
purchases pursuant to such section 1245(d)(4)(D);
(5) recommendations for additional measures that the United
States could take to further diplomatic efforts described in
subsection (a); and
(6) the disposition of any decision with respect to
sanctions imposed with respect to Iran by the World Trade
Organization or its predecessor organization.
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 the Iran Sanctions Act of 1996
SEC. 201. EXPANSION OF SANCTIONS WITH RESPECT TO THE ENERGY SECTOR OF
IRAN.
Section 5(a) of the Iran Sanctions Act of 1996 (Public Law 104-172;
50 U.S.C. 1701 note) is amended--
(1) in the subsection heading, by striking ``with Respect
to'' and all that follows through ``to Iran'' and inserting
``relating to the Energy Sector of Iran'';
(2) in paragraph (1)(A)--
(A) by striking ``3 or more'' and inserting ``5 or
more''; and
(B) by striking ``the Comprehensive Iran Sanctions,
Accountability, and Divestment Act of 2010'' and
inserting ``the Iran Threat Reduction and Syria Human
Rights Act of 2012'';
(3) in paragraph (2)--
(A) in subparagraph (A)--
(i) by striking ``3 or more'' and inserting
``5 or more''; and
(ii) by striking ``the Comprehensive Iran
Sanctions, Accountability, and Divestment Act
of 2010'' and inserting ``the Iran Threat
Reduction and Syria Human Rights Act of 2012'';
and
(B) in subparagraph (B), by inserting before the
period at the end the following: ``or directly
associated infrastructure, including construction of
port facilities, railways, and roads, the primary use
of which is to support the delivery of refined
petroleum products'';
(4) in paragraph (3)--
(A) in subparagraph (A)--
(i) by striking ``3 or more'' and inserting
``5 or more''; and
(ii) by striking ``the Comprehensive Iran
Sanctions, Accountability, and Divestment Act
of 2010'' and inserting ``the Iran Threat
Reduction and Syria Human Rights Act of 2012'';
and
(B) in subparagraph (B)--
(i) in clause (ii), by striking ``; or''
and inserting a semicolon;
(ii) in clause (iii), by striking the
period at the end and inserting a semicolon;
and
(iii) by adding at the end the following:
``(iv) bartering or contracting by which
goods are exchanged for goods, including the
insurance or reinsurance of such exchanges; or
``(v) purchasing, subscribing to, or
facilitating the issuance of sovereign debt of
the Government of Iran, including governmental
bonds, issued on or after the date of the
enactment of the Iran Threat Reduction and
Syria Human Rights Act of 2012.''; and
(5) 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) or subsection (f), the President shall
impose 5 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 Threat
Reduction and Syria 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 Threat Reduction and
Syria 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.
``(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 5 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 Threat Reduction and Syria 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 construction of port
facilities, railways, and roads, the primary
use of which is to support the delivery 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 5 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 Threat Reduction and Syria 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. 202. IMPOSITION OF SANCTIONS WITH RESPECT TO TRANSPORTATION OF
CRUDE OIL FROM IRAN AND EVASION OF SANCTIONS BY SHIPPING
COMPANIES.
(a) In General.--Section 5(a) of the Iran Sanctions Act of 1996, as
amended by section 201, is further amended by adding at the end the
following:
``(7) Transportation of crude oil from iran.--
``(A) In general.--Except as provided in subsection
(f), the President shall impose 5 or more of the
sanctions described in section 6(a) with respect to a
person if the President determines that--
``(i) the person is a controlling
beneficial owner of, or otherwise owns,
operates, or controls, or insures, a vessel
that, on or after the date that is 90 days
after the date of the enactment of the Iran
Threat Reduction and Syria Human Rights Act of
2012, was used to transport crude oil from Iran
to another country; and
``(ii)(I) in the case of a person that is a
controlling beneficial owner of the vessel, the
person had actual knowledge the vessel was so
used; or
``(II) in the case of a person that
otherwise owns, operates, or controls, or
insures, the vessel, the person knew or should
have known the vessel was so used.
``(B) Applicability of sanctions.--
``(i) In general.--Except as provided in
clause (ii), subparagraph (A) shall apply with
respect to the transportation of crude oil from
Iran only if a determination of the President
under section 1245(d)(4)(B) of the National
Defense Authorization Act for Fiscal Year 2012
(22 U.S.C. 8513a(d)(4)(B)) 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
their purchases from Iran is in effect at the
time of the transportation of the crude oil.
``(ii) Exception for certain countries.--
Subparagraph (A) shall not apply with respect
to the transportation of crude oil from Iran to
a country to which the exception under
paragraph (4)(D) of section 1245(d) of the
National Defense Authorization Act for Fiscal
Year 2012 (22 U.S.C. 8513a(d)) to the
imposition of sanctions under paragraph (1) of
that section applies at the time of the
transportation of the crude oil.
``(8) Concealing iranian origin of crude oil and refined
petroleum products.--
``(A) In general.--Except as provided in subsection
(f), the President shall impose 5 or more of the
sanctions described in section 6(a) with respect to a
person if the President determines that the person is a
controlling beneficial owner, or otherwise owns,
operates, or controls, a vessel that, on or after the
date that is 90 days after the date of the enactment of
the Iran Threat Reduction and Syria Human Rights Act of
2012, is used, with actual knowledge in the case of a
person that is a controlling beneficial owner or
knowingly in the case of a person that otherwise owns,
operates, or controls the vessel, in a manner that
conceals the Iranian origin of crude oil or refined
petroleum products transported on the vessel, including
by--
``(i) permitting the operator of the vessel
to suspend the operation of the vessel's
satellite tracking device; or
``(ii) obscuring or concealing the
ownership, operation, or control of the vessel
by--
``(I) the Government of Iran;
``(II) the National Iranian Tanker
Company or the Islamic Republic of Iran
Shipping Lines; or
``(III) any other entity determined
by the President to be owned or
controlled by the Government of Iran or
an entity specified in subclause (II).
``(B) Additional sanction.--Subject to such
regulations as the President may prescribe and in
addition to the sanctions imposed under subparagraph
(A), the President may prohibit a vessel owned,
operated, or controlled by a person, including a
controlling beneficial owner, with respect to which the
President has imposed sanctions under that subparagraph
and that was used for the activity for which the
President imposed those sanctions from landing at a
port in the United States for a period of not more than
2 years after the date on which the President imposed
those sanctions.
``(C) Vessels identified by the office of foreign
assets control.--For purposes of subparagraph (A)(ii),
a person shall be deemed to have actual knowledge that
a vessel is owned, operated, or controlled by the
Government of Iran or an entity specified in subclause
(II) or (III) of subparagraph (A)(ii) if the
International Maritime Organization vessel registration
identification for the vessel is--
``(i) included on a list of specially
designated nationals and blocked persons
maintained by the Office of Foreign Assets
Control of the Department of the Treasury for
activities with respect to Iran; and
``(ii) identified by the Office of Foreign
Assets Control as a vessel in which the
Government of Iran or any entity specified in
subclause (II) or (III) of subparagraph (A)(ii)
has an interest.
``(D) Definition of iranian origin.--For purposes
of subparagraph (A), the term `Iranian origin' means--
``(i) with respect to crude oil, that the
crude oil was extracted in Iran; and
``(ii) with respect to a refined petroleum
product, that the refined petroleum product was
produced or refined in Iran.
``(9) Exception for provision of underwriting services and
insurance and reinsurance.--The President may not impose
sanctions under paragraph (7) or (8) with respect to a person
that provides underwriting services or insurance or reinsurance
if the President determines that the person has exercised due
diligence in establishing and enforcing official policies,
procedures, and controls to ensure that the person does not
provide underwriting services or insurance or reinsurance for
the transportation of crude oil or refined petroleum products
from Iran in a manner for which sanctions may be imposed under
either such paragraph.''.
(b) Regulations and Guidelines.--Not later than 90 days after the
date of the enactment of this Act, the President shall prescribe such
regulations or guidelines as are necessary to implement paragraphs (7),
(8), and (9) of section 5(a) of the Iran Sanctions Act of 1996, as
added by this section, including such regulations or guidelines as are
necessary to implement subparagraph (B) of such paragraph (8).
SEC. 203. EXPANSION OF SANCTIONS WITH RESPECT TO DEVELOPMENT BY IRAN OF
WEAPONS OF MASS DESTRUCTION.
(a) In General.--Section 5(b) of the Iran Sanctions Act of 1996
(Public Law 104-172; 50 U.S.C. 1701 note) is amended--
(1) by redesignating paragraph (2) as paragraph (3); and
(2) by striking paragraph (1) and inserting the following:
``(1) Exports, transfers, and transshipments.--Except as
provided in subsection (f), the President shall impose 5 or
more of the sanctions described in section 6(a) with respect to
a person if the President determines that the person--
``(A) on or after the date of the enactment of the
Iran Threat Reduction and Syria Human Rights Act of
2012, exported or transferred, or permitted or
otherwise facilitated the transshipment of, any goods,
services, technology, or other items to any other
person; and
``(B) knew or should have known that--
``(i) the export, transfer, or
transshipment of the goods, services,
technology, or other items would likely result
in another person exporting, transferring,
transshipping, or otherwise providing the
goods, services, technology, or other items to
Iran; and
``(ii) the export, transfer, transshipment,
or other provision of the goods, services,
technology, or other items to Iran would
contribute materially to the ability of Iran
to--
``(I) acquire or develop chemical,
biological, or nuclear weapons or
related technologies; or
``(II) acquire or develop
destabilizing numbers and types of
advanced conventional weapons.
``(2) Joint ventures relating to the mining, production, or
transportation of uranium.--
``(A) In general.--Except as provided in
subparagraph (B) or subsection (f), the President shall
impose 5 or more of the sanctions described in section
6(a) with respect to a person if the President
determines that the person knowingly participated, on
or after the date of the enactment of the Iran Threat
Reduction and Syria Human Rights Act of 2012, in a
joint venture that involves any activity relating to
the mining, production, or transportation of uranium--
``(i)(I) established on or after February
2, 2012; and
``(II) with--
``(aa) the Government of Iran;
``(bb) an entity incorporated in
Iran or subject to the jurisdiction of
the Government of Iran; or
``(cc) 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 item (bb); or
``(ii)(I) established before February 2,
2012;
``(II) with the Government of Iran, an
entity described in item (bb) of clause
(i)(II), or a person described in item (cc) of
that clause; and
``(III) through which--
``(aa) uranium is transferred
directly to Iran or indirectly to Iran
through a third country;
``(bb) the Government of Iran
receives significant revenue; or
``(cc) Iran could, through a direct
operational role or by other means,
receive technological knowledge or
equipment not previously available to
Iran that could contribute materially
to the ability of Iran to develop
nuclear weapons or related
technologies.
``(B) Applicability of sanctions.--Subparagraph (A)
shall not apply with respect to participation in a
joint venture established before the date of the
enactment of the Iran Threat Reduction and Syria 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.''.
(b) Conforming Amendments.--The Iran Sanctions Act of 1996, as
amended by this section and sections 201 and 202, is further amended--
(1) in section 5--
(A) in paragraph (3) of subsection (b), as
redesignated by subsection (a)(1) of this section--
(i) by striking ``paragraph (1)'' each
place it appears and inserting ``paragraph (1)
or (2)''; and
(ii) in subparagraph (F)--
(I) by striking ``that paragraph''
and inserting ``paragraph (1) or (2),
as the case may be''; and
(II) by striking ``the
Comprehensive Iran Sanctions,
Accountability, and Divestment Act of
2010'' and inserting ``the Iran Threat
Reduction and Syria Human Rights Act of
2012'';
(B) in subsection (c)--
(i) in the matter preceding paragraph (1),
by striking ``subsections (a) and (b)(1)'' and
inserting ``subsection (a) and paragraphs (1)
and (2) of subsection (b)''; and
(ii) in paragraph (1), by striking
``subsection (a) or (b)(1)'' and inserting
``subsection (a) or paragraph (1) or (2) of
subsection (b)''; and
(C) in subsection (f)--
(i) in the matter preceding paragraph (1),
by striking ``subsection (a) or (b)(1)'' and
inserting ``subsection (a) or paragraph (1) or
(2) of subsection (b)''; and
(ii) by redesignating paragraphs (6) and
(7) as paragraphs (5) and (6), respectively;
and
(2) in section 9, by striking ``section 5(a) or 5(b)(1)''
each place it appears and inserting ``subsection (a) or
paragraph (1) or (2) of subsection (b) of section 5''.
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 (12); and
(2) by inserting after paragraph (8) the following:
``(9) Ban on investment in equity or debt of sanctioned
person.--The President may, pursuant to such regulations or
guidelines as the President may prescribe, prohibit any United
States person from investing in or purchasing significant
amounts of equity or debt instruments of a sanctioned person.
``(10) 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.
``(11) 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 subsections (a) and (b) of section 5
of the Iran Sanctions Act of 1996, as amended by this title, commenced
on or after such date of enactment.
SEC. 205. MODIFICATION OF WAIVER STANDARD UNDER THE IRAN SANCTIONS ACT
OF 1996.
Section 9(c) of the Iran Sanctions Act of 1996, as amended by
section 203, is further amended by striking paragraph (1) and inserting
the following:
``(1) Authority.--
``(A) Sanctions relating to the energy sector of
iran.--The President may waive, on a case-by-case basis
and for a period of not more than one year, the
requirement in section 5(a) to impose a sanction or
sanctions on a person described in section 5(c), and
may waive the continued imposition of a sanction or
sanctions under subsection (b) of this section, 30 days
or more after the President determines and so reports
to the appropriate congressional committees that it is
essential to the national security interests of the
United States to exercise such waiver authority.
``(B) Sanctions relating to development of weapons
of mass destruction or other military capabilities.--
The President may waive, on a case-by-case basis and
for a period of not more than one year, the requirement
in paragraph (1) or (2) of section 5(b) to impose a
sanction or sanctions on a person described in section
5(c), and may waive the continued imposition of a
sanction or sanctions under subsection (b) of this
section, 30 days or more after the President determines
and so reports to the appropriate congressional
committees that it is vital to the national security
interests of the United States to exercise such waiver
authority.
``(C) Renewal of waivers.--The President may renew,
on a case-by-case basis, a waiver with respect to a
person under subparagraph (A) or (B) for additional
one-year periods if, not later than 30 days before the
waiver expires, the President makes the determination
and submits to the appropriate congressional committees
the report described in subparagraph (A) or (B), as
applicable.''.
SEC. 206. BRIEFINGS ON IMPLEMENTATION OF THE IRAN SANCTIONS ACT OF
1996.
Section 4 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:
``(f) Briefings on Implementation.--Not later than 90 days after
the date of the enactment of the Iran Threat Reduction and Syria Human
Rights Act of 2012, and every 120 days thereafter, the President,
acting through the Secretary of State, shall provide to the appropriate
congressional committees a comprehensive briefing on efforts to
implement this Act.''.
SEC. 207. 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--
(1) by redesignating paragraphs (17) and (18) as paragraphs
(20) and (21), respectively;
(2) by redesignating paragraphs (15) and (16) as paragraphs
(17) and (18), respectively;
(3) by redesignating paragraphs (4) through (14) as
paragraphs (5) through (15), respectively;
(4) by inserting after paragraph (3) the following:
``(4) 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 subsection (a) or (b) of 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 or trade or industry
organization.'';
(5) by inserting after paragraph (15), as redesignated by
paragraph (3), the following:
``(16) 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.''; and
(6) by inserting after paragraph (18), as redesignated by
paragraph (2), the following:
``(19) Services.--The term `services' includes software,
hardware, financial, professional consulting, engineering, and
specialized energy information services, energy-related
technical assistance, and maintenance and repairs.''.
(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 subsections (a) and (b) of section 5
of the Iran Sanctions Act of 1996, as amended by this title, commenced
on or after such date of enactment.
SEC. 208. SENSE OF CONGRESS ON ENERGY SECTOR OF IRAN.
It is the sense of Congress that--
(1) the energy sector of Iran remains a zone of
proliferation concern since the Government of Iran continues to
divert substantial revenues derived from sales of petroleum
resources to finance its illicit nuclear and missile
activities; and
(2) the President should apply the full range of sanctions
under the Iran Sanctions Act of 1996, as amended by this Act,
to address the threat posed by the Government of Iran.
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 sells, leases, or provides a vessel or
provides 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 No. 13382 (70 Fed. Reg. 38567; relating to blocking of property
of weapons of mass destruction proliferators and their supporters) or
Executive Order No. 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 sold, leased, or provided a vessel or
provided insurance or reinsurance or another 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) sold, leased, or provided the
vessel or provided the 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 sale, lease, or provision of the vessel
or the provision of the 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 vital to 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) Report Required.--
(1) In general.--Not later than 90 days after the date of
the enactment of this Act, and every 90 days thereafter, the
Secretary of the Treasury, in coordination with the Secretary
of State, shall submit to the appropriate congressional
committees a report identifying operators of vessels and other
persons that conduct or facilitate significant financial
transactions with persons that manage ports in Iran that have
been designated for the imposition of sanctions pursuant to the
International Emergency Economic Powers Act (50 U.S.C. 1701 et
seq.).
(2) Form of report.--A report submitted under paragraph (1)
shall be submitted in unclassified form but may contain a
classified annex.
(e) 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 No. 13382
(70 Fed. Reg. 38567; relating to the blocking of property of weapons of
mass destruction proliferators and their supporters) or Executive Order
No. 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 PROVISION OF
UNDERWRITING SERVICES OR INSURANCE OR REINSURANCE FOR THE
NATIONAL IRANIAN OIL COMPANY OR THE NATIONAL IRANIAN
TANKER COMPANY.
(a) In General.--Except as provided in subsection (b), not later
than 60 days after the date of the enactment of this Act, the President
shall impose 5 or more of the sanctions described in section 6(a) of
the Iran Sanctions Act of 1996, as amended by section 204, with respect
to a person if the President determines that the person knowingly, on
or after such date of enactment, provides underwriting services or
insurance or reinsurance for the National Iranian Oil Company, the
National Iranian Tanker Company, or a successor entity to either such
company.
(b) Exceptions.--
(1) Underwriters and insurance providers exercising due
diligence.--The President is authorized not to impose sanctions
under subsection (a) with respect to a person that provides
underwriting services or insurance or reinsurance if the
President determines that the person has exercised due
diligence in establishing and enforcing official policies,
procedures, and controls to ensure that the person does not
provide underwriting services or insurance or reinsurance for
the National Iranian Oil Company, the National Iranian Tanker
Company, or a successor entity to either such company.
(2) Food; medicine; humanitarian assistance.--The President
may not impose sanctions under subsection (a) for the provision
of underwriting services or insurance or reinsurance for any
activity relating solely to--
(A) the provision of agricultural commodities,
food, medicine, or medical devices to Iran; or
(B) the provision of humanitarian assistance to the
people of Iran.
(3) Termination period.--The President is authorized not to
impose sanctions under subsection (a) with respect to a person
if the President receives reliable assurances that the person
will terminate the provision of underwriting services or
insurance or reinsurance for the National Iranian Oil Company,
the National Iranian Tanker Company, and any successor entity
to either such company, not later than the date that is 120
days after the date of the enactment of this Act.
(c) Definitions.--In this section:
(1) Agricultural commodity.--The term ``agricultural
commodity'' has the meaning given that term in section 102 of
the Agricultural Trade Act of 1978 (7 U.S.C. 5602).
(2) Medical device.--The term ``medical device'' has the
meaning given the term ``device'' in section 201 of the Federal
Food, Drug, and Cosmetic Act (21 U.S.C. 321).
(3) Medicine.--The term ``medicine'' has the meaning given
the term ``drug'' in section 201 of the Federal Food, Drug, and
Cosmetic Act (21 U.S.C. 321).
(d) 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 of sanctions under
subsection (a) 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) Subsection (c) 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.
(e) Rule of Construction and Implementation.--Nothing in this
section shall be construed to limit the authority of the President to
impose sanctions pursuant to the Iran Sanctions Act of 1996 (Public Law
104-172; 50 U.S.C. 1701 note), the Comprehensive Iran Sanctions,
Accountability, and Divestment Act of 2010 (22 U.S.C. 8501 et seq.),
the International Emergency Economic Powers Act (50 U.S.C. 1701 et
seq.), section 1245 of the National Defense Authorization Act for
Fiscal Year 2012 (22 U.S.C. 8513a), or any other provision of this Act.
SEC. 213. IMPOSITION OF SANCTIONS WITH RESPECT TO PURCHASE,
SUBSCRIPTION TO, OR FACILITATION OF THE ISSUANCE OF
IRANIAN SOVEREIGN DEBT.
(a) In General.--The President shall impose 5 or more of the
sanctions described in section 6(a) of the Iran Sanctions Act of 1996,
as amended by section 204, with respect to a person if the President
determines that the person knowingly, on or after the date of the
enactment of this Act, purchases, subscribes to, or facilitates the
issuance of--
(1) sovereign debt of the Government of Iran issued on or
after such date of enactment, including governmental bonds; or
(2) debt of any entity owned or controlled by the
Government of Iran issued on or after such date of enactment,
including bonds.
(b) 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 of sanctions under
subsection (a) 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) Subsection (c) 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. 214. 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 designated by paragraph (1), 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. 215. IMPOSITION OF SANCTIONS WITH RESPECT TO TRANSACTIONS WITH
PERSONS SANCTIONED FOR CERTAIN ACTIVITIES RELATING TO
TERRORISM OR PROLIFERATION OF WEAPONS OF MASS
DESTRUCTION.
(a) In General.--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)) is amended in the matter preceding subclause (I) by
striking ``financial institution'' and inserting ``person''.
(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 amendment made
by subsection (a).
SEC. 216. EXPANSION OF, AND REPORTS ON, MANDATORY SANCTIONS WITH
RESPECT TO FINANCIAL INSTITUTIONS THAT ENGAGE IN CERTAIN
ACTIVITIES RELATING TO IRAN.
(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 104 the following:
``SEC. 104A. EXPANSION OF, AND REPORTS ON, MANDATORY SANCTIONS WITH
RESPECT TO FINANCIAL INSTITUTIONS THAT ENGAGE IN CERTAIN
ACTIVITIES.
``(a) In General.--Not later than 90 days after the date of the
enactment of the Iran Threat Reduction and Syria Human Rights Act of
2012, the Secretary of the Treasury shall revise the regulations
prescribed under section 104(c)(1) to apply to a foreign financial
institution described in subsection (b) to the same extent and in the
same manner as those regulations apply to a foreign financial
institution that the Secretary of the Treasury finds knowingly engages
in an activity described in section 104(c)(2).
``(b) Foreign Financial Institutions Described.--A foreign
financial institution described in this subsection is a foreign
financial institution, including an Iranian financial institution, that
the Secretary of the Treasury finds--
``(1) knowingly facilitates, or participates or assists in,
an activity described in section 104(c)(2), including by acting
on behalf of, at the direction of, or as an intermediary for,
or otherwise assisting, another person with respect to the
activity;
``(2) attempts or conspires to facilitate or participate in
such an activity; or
``(3) is owned or controlled by a foreign financial
institution that the Secretary finds knowingly engages in such
an activity.
``(c) Reports Required.--
``(1) In general.--Not later than 180 days after the date
of the enactment of the Iran Threat Reduction and Syria Human
Rights Act of 2012, and every 180 days thereafter, the
Secretary of the Treasury shall submit to the appropriate
congressional committees a report that contains a detailed
description of--
``(A) the effect of the regulations prescribed
under section 104(c)(1) on the financial system and
economy of Iran and capital flows to and from Iran; and
``(B) the ways in which funds move into and out of
financial institutions described in section
104(c)(2)(E)(ii), with specific attention to the use of
other Iranian financial institutions and other foreign
financial institutions to receive and transfer funds
for financial institutions described in that section.
``(2) Form of report.--Each report submitted under
paragraph (1) shall be submitted in unclassified form but may
contain a classified annex.
``(d) Definitions.--In this section:
``(1) Financial institution.--The term `financial
institution' means a financial institution specified in
subparagraph (A), (B), (C), (D), (E), (F), (G), (H), (I), (J),
(K), (M), (N), (R), or (Y) of section 5312(a)(2) of title 31,
United States Code.
``(2) Foreign financial institution.--The term `foreign
financial institution' has the meaning of that term as
determined by the Secretary of the Treasury pursuant to section
104(i).
``(3) Iranian financial institution.--The term `Iranian
financial institution' means--
``(A) a financial institution organized under the
laws of Iran or any jurisdiction within Iran, including
a foreign branch of such an institution;
``(B) a financial institution located in Iran;
``(C) a financial institution, wherever located,
owned or controlled by the Government of Iran; and
``(D) a financial institution, wherever located,
owned or controlled by a financial institution
described in subparagraph (A), (B), or (C).''.
(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 104 the
following:
``Sec. 104A. Expansion of, and reports on, mandatory sanctions with
respect to financial institutions that
engage in certain activities.''.
SEC. 217. CONTINUATION IN EFFECT OF SANCTIONS WITH RESPECT TO THE
GOVERNMENT OF IRAN, THE CENTRAL BANK OF IRAN, AND
SANCTIONS EVADERS.
(a) Sanctions Relating to Blocking of Property of the Government of
Iran and Iranian Financial Institutions.--United States sanctions with
respect to Iran provided for in Executive Order No. 13599 (77 Fed. Reg.
6659), as in effect on the day before the date of the enactment of this
Act, shall remain in effect until the date that is 90 days after the
date on which the President submits to the appropriate congressional
committees the certification described in subsection (d).
(b) Sanctions Relating to Foreign Sanctions Evaders.--United States
sanctions with respect to Iran provided for in Executive Order No.
13608 (77 Fed. Reg. 26409), as in effect on the day before the date of
the enactment of this Act, shall remain in effect until the date that
is 30 days after the date on which the President submits to the
appropriate congressional committees the certification described in
section 401(a) of the Comprehensive Iran Sanctions, Accountability, and
Divestment Act of 2010 (22 U.S.C. 8551(a)).
(c) Continuation of Sanctions With Respect to the Central Bank of
Iran.--In addition to the sanctions referred to in subsection (a), the
President shall continue to apply to the Central Bank of Iran 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 of property,
until the date that is 90 days after the date on which the President
submits to Congress the certification described in subsection (d).
(d) Certification Described.--
(1) In general.--The certification described in this
subsection is the certification of the President to Congress
that the Central Bank of Iran is not--
(A) providing financial services in support of, or
otherwise facilitating, the ability of Iran to--
(i) acquire or develop chemical,
biological, or nuclear weapons, or related
technologies;
(ii) construct, equip, operate, or maintain
nuclear facilities that could aid Iran's effort
to acquire a nuclear capability; or
(iii) acquire or develop ballistic
missiles, cruise missiles, or destabilizing
types and amounts of conventional weapons; or
(B) facilitating transactions or providing
financial services for--
(i) Iran's Revolutionary Guard Corps; or
(ii) financial institutions the property or
interests in property of which are blocked
pursuant to the International Emergency
Economic Powers Act (50 U.S.C. 1701 et seq.) in
connection with--
(I) Iran's proliferation of weapons
of mass destruction or delivery systems
for weapons of mass destruction; or
(II) Iran's support for
international terrorism.
(2) Submission to congress.--
(A) In general.--The President shall submit the
certification described in paragraph (1) to the
appropriate congressional committees in writing and
shall include a justification for the certification.
(B) Form of certification.--The certification
described in paragraph (1) shall be submitted in
unclassified form but may contain a classified annex.
(e) Rule of Construction.--Nothing in this section shall be
construed to limit the authority of the President pursuant to the
International Emergency Economic Powers Act (50 U.S.C. 1701 et seq.) or
the Comprehensive Iran Sanctions, Accountability, and Divestment Act of
2010 (22 U.S.C. 8501 et seq.).
SEC. 218. 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 knowingly engaging in any transaction
directly or indirectly with the Government of Iran or any person
subject to the jurisdiction of the Government of Iran 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. 219. 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
subsection (a) or (b) of 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 No. 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 No. 13382 (70 Fed.
Reg. 38567; relating to blocking of property of
weapons of mass destruction proliferators and
their supporters); or
``(iii) any person or entity identified
under section 560.304 of title 31, Code of
Federal Regulations (relating to the definition
of the Government of Iran) without the specific
authorization of a Federal department or
agency.
``(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) that includes a disclosure of an activity
described in paragraph (1) (other than an activity described in
subparagraph (D)(iii) of that paragraph), the President shall--
``(A) initiate an investigation into the possible
imposition of sanctions under the Iran Sanctions Act of
1996 (Public Law 104-172; 50 U.S.C. 1701 note), section
104 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. 220. REPORTS ON, AND AUTHORIZATION OF IMPOSITION OF SANCTIONS WITH
RESPECT TO, THE PROVISION OF SPECIALIZED FINANCIAL
MESSAGING SERVICES TO THE CENTRAL BANK OF IRAN AND OTHER
SANCTIONED IRANIAN FINANCIAL INSTITUTIONS.
(a) Sense of Congress.--It is the sense of Congress that--
(1) providers of specialized financial messaging services
are a critical link to the international financial system;
(2) the European Union is to be commended for strengthening
the multilateral sanctions regime against Iran by deciding that
specialized financial messaging services may not be provided to
the Central Bank of Iran and other sanctioned Iranian financial
institutions by persons subject to the jurisdiction of the
European Union; and
(3) the loss of access by sanctioned Iranian financial
institutions to specialized financial messaging services must
be maintained.
(b) Reports Required.--
(1) In general.--Not later than 60 days after the date of
the enactment of this Act, and every 90 days thereafter, the
Secretary of the Treasury shall submit to the appropriate
congressional committees a report that contains--
(A) a list of all persons that the Secretary has
identified that directly provide specialized financial
messaging services to, or enable or facilitate direct
or indirect access to such messaging 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));
and
(B) a detailed assessment of the status of efforts
by the Secretary to end the direct provision of such
messaging services to, and the enabling or facilitation
of direct or indirect access to such messaging services
for, the Central Bank of Iran or a financial
institution described in that section.
(2) Enabling or facilitation of access to specialized
financial messaging services through intermediary financial
institutions.--For purposes of paragraph (1) and subsection
(c), enabling or facilitating direct or indirect access to
specialized financial messaging 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)) includes doing so by serving as an
intermediary financial institution with access to such
messaging services.
(3) Form of report.--A report submitted under paragraph (1)
shall be submitted in unclassified form but may contain a
classified annex.
(c) Authorization of Imposition of Sanctions.--
(1) In general.--Except as provided in paragraph (2), if,
on or after the date that is 90 days after the date of the
enactment of this Act, a person continues to knowingly and
directly provide specialized financial messaging services to,
or knowingly enable or facilitate direct or indirect access to
such messaging services for, the Central Bank of Iran or a
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 person.
(2) Exception.--The President may not impose sanctions
pursuant to paragraph (1) with respect to a person for directly
providing specialized financial messaging services to, or
enabling or facilitating direct or indirect access to such
messaging 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)) if--
(A) the person is subject to a sanctions regime
under its governing foreign law that requires it to
eliminate the knowing provision of such messaging
services to, and the knowing enabling and facilitation
of direct or indirect access to such messaging services
for--
(i) the Central Bank of Iran; and
(ii) a group of Iranian financial
institutions identified under such governing
foreign law for purposes of that sanctions
regime if the President determines that--
(I) the group is substantially
similar to the group of financial
institutions 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)); and
(II) the differences between those
groups of financial institutions do not
adversely affect the national interest
of the United States; and
(B) the person has, pursuant to that sanctions
regime, terminated the knowing provision of such
messaging services to, and the knowing enabling and
facilitation of direct or indirect access to such
messaging services for, the Central Bank of Iran and
each Iranian financial institution identified under
such governing foreign law for purposes of that
sanctions regime.
(d) Rule of Construction.--Nothing in this section shall be
construed to limit the authority of the President pursuant to the
International Emergency Economic Powers Act (50 U.S.C. 1701 et seq.) or
the Comprehensive Iran Sanctions, Accountability, and Divestment Act of
2010 (22 U.S.C. 8501 et seq.).
SEC. 221. 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;
(2) the President of Iran;
(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 senior member of Iran's Revolutionary Guard Corps,
including a senior member of a paramilitary organization such
as Ansar-e-Hezbollah or Basij-e Motaz'afin.
(c) Exclusion From United States.--Except as provided in subsection
(d), 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 on the list required by subsection (a).
(d) Exception To Comply With United Nations Headquarters
Agreement.--Subsection (c) shall not apply to an individual if
admitting the individual to the United States is 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 other applicable international obligations.
(e) 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 essential to the
national interests of the United States; and
(2) not less than 7 days before the waiver takes effect,
notifies Congress of the waiver and the reason for the waiver.
SEC. 222. SENSE OF CONGRESS AND RULE OF CONSTRUCTION RELATING TO
CERTAIN AUTHORITIES OF STATE AND LOCAL GOVERNMENTS.
(a) Sense of Congress.--It is the sense of Congress that the United
States should support actions by States or local governments that are
within their authority, including determining how investment assets are
valued for purposes of safety and soundness of financial institutions
and insurers, that are consistent with and in furtherance of the
purposes of this Act and other Acts that are amended by this Act.
(b) Rule of Construction.--Section 202 of the Comprehensive Iran
Sanctions, Accountability, and Divestment Act of 2010 (22 U.S.C. 8532)
is amended by adding at the end the following:
``(j) Rule of Construction.--Nothing in this Act or any other
provision of law authorizing sanctions with respect to Iran shall be
construed to abridge the authority of a State to issue and enforce
rules governing the safety, soundness, and solvency of a financial
institution subject to its jurisdiction or the business of insurance
pursuant to the Act of March 9, 1945 (15 U.S.C. 1011 et seq.) (commonly
known as the `McCarran-Ferguson Act').''.
SEC. 223. 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 120 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) entities that exported gasoline and
other refined petroleum products to Iran;
(ii) 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) 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, 2009, and
ending on the date that is 150 days after the date of the
enactment of this Act.
(b) Updated Report.--Not later than one year after submitting the
report required by subsection (a), 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. 224. 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
existing 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 or entities 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) or (d) with respect to a foreign person if the
President--
(A) determines that it is vital to 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 of its officials, agents, or affiliates--
(i) the property and interests in property
of which are blocked pursuant to that Act; or
(ii) that are identified under section
301(a)(1) or pursuant to paragraph (4)(A) of
section 104(c) of the Comprehensive Iran
Sanctions, Accountability, and Divestment Act
of 2010, as added by section 312; 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 5 or more of the sanctions described in
section 6(a) of the Iran Sanctions Act of 1996, as amended by
section 204; 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 essential to 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; 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. IDENTIFICATION OF, AND IMPOSITION OF MEASURES WITH RESPECT
TO, FOREIGN GOVERNMENT AGENCIES CARRYING OUT ACTIVITIES
OR TRANSACTIONS WITH CERTAIN IRAN-AFFILIATED PERSONS.
(a) Identification.--
(1) In general.--Not later than 120 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 that identifies each agency of the
government of a foreign country (other than Iran) that the
President determines knowingly and materially assisted,
sponsored, or provided financial, material, or technological
support for, or goods or services in support of, or knowingly
and materially engaged in a significant transaction with, any
person described in paragraph (2).
(2) Person described.--A person described in this paragraph
is--
(A) a foreign person that is an official, agent, or
affiliate of Iran's Revolutionary Guard Corps that is
designated for the imposition of sanctions pursuant to
the International Emergency Economic Powers Act (50
U.S.C. 1701 et seq.);
(B) a foreign person that is designated and subject
to financial sanctions pursuant to--
(i) the Annex of United Nations Security
Council Resolution 1737 (2006);
(ii) Annex I of United Nations Security
Council Resolution 1747 (2007);
(iii) Annex I, II, or III of United Nations
Security Council Resolution 1803 (2008);
(iv) Annex I, II, or III of United Nations
Security Council Resolution 1929 (2010); or
(v) any subsequent and related United
Nations Security Council resolution, or any
annex thereto, that imposes new sanctions with
respect to Iran or modifies existing sanctions
with respect to Iran; or
(C) a foreign person that the agency knows is
acting on behalf of or at the direction of, or owned or
controlled by, a person described in subparagraph (A)
or (B).
(3) Form of report.--Each report submitted under paragraph
(1) shall be submitted in unclassified form but may contain a
classified annex.
(b) Imposition of Measures.--
(1) In general.--The President may impose any of the
following measures with respect to an agency identified
pursuant to subsection (a) if the President determines that the
assistance, exports, or other support to be prohibited by
reason of the imposition of the measures have contributed and
would otherwise directly or indirectly contribute to the
agency's capability to continue the activities or transactions
for which the agency has been identified pursuant to subsection
(a):
(A) No assistance may be provided to the agency
under the Foreign Assistance Act of 1961 (22 U.S.C.
2151 et seq.) or the Arms Export Control Act (22 U.S.C.
2751 et seq.) other than humanitarian assistance or the
provision of food or other agricultural commodities.
(B) No sales of any defense articles, defense
services, or design and construction services under the
Arms Export Control Act (22 U.S.C. 2751 et seq.) may be
made to the agency.
(C) No licenses for export of any item on the
United States Munitions List that include the agency as
a party to the license may be granted.
(D) No exports may be permitted to the agency of
any goods or technologies controlled for national
security reasons under the Export Administration
Regulations, except that such prohibition shall not
apply to any transaction subject to the reporting
requirements of title V of the National Security Act of
1947 (50 U.S.C. 413 et seq.; relating to congressional
oversight of intelligence activities).
(E) The United States shall oppose any loan or
financial or technical assistance to the agency by
international financial institutions in accordance with
section 701 of the International Financial Institutions
Act (22 U.S.C. 262d).
(F) The United States shall deny to the agency any
credit or financial assistance by any department,
agency, or instrumentality of the United States
Government, except that this paragraph shall not
apply--
(i) to any transaction subject to the
reporting requirements of title V of the
National Security Act of 1947 (50 U.S.C. 413 et
seq.; relating to congressional oversight of
intelligence activities);
(ii) to the provision of medicines, medical
equipment, and humanitarian assistance; or
(iii) to any credit, credit guarantee, or
financial assistance provided by the Department
of Agriculture to support the purchase of food
or other agricultural commodities.
(G) Additional restrictions as may be imposed
pursuant to the International Emergency Economic Powers
Act (50 U.S.C. 1701 et seq.).
(2) Rule of construction.--Nothing in this subsection shall
be construed to impose measures with respect to programs under
section 1501 of the National Defense Authorization Act for
Fiscal Year 1997 (50 U.S.C. 2632 note) and programs under the
Atomic Energy Defense Act (50 U.S.C. 2501 et seq.).
(c) Termination.--The President may terminate any measures imposed
with respect to an agency pursuant to subsection (b) if the President
determines and notifies the appropriate congressional committees that--
(1)(A) a person described in subparagraph (A) or (B) of
subsection (a)(2) with respect to which the agency is carrying
out activities or transactions is no longer designated pursuant
to subparagraph (A) or (B) of subsection (a)(2); or
(B) any person described in subparagraph (C) of subsection
(a)(2) with respect to which the agency is carrying out
activities or transactions is no longer acting on behalf of or
at the direction of, or owned or controlled by, any person
described in subparagraph (A) or (B) of subsection (a)(2);
(2) the agency is no longer carrying out activities or
transactions for which the measures were imposed and has
provided assurances to the United States Government that the
agency will not carry out the activities or transactions in the
future; or
(3) it is essential to the national security interest of
the United States to terminate such measures.
(d) Waiver.--If the President does not impose one or more measures
described in subsection (b) with respect to an agency identified in the
report required by subsection (a), the President shall include in the
subsequent report an explanation as to why the President did not impose
such measures.
(e) Definition.--In this section, the term ``appropriate
congressional committees'' means--
(1) the Committee on Foreign Relations, the Committee on
Appropriations, the Committee on Armed Services, the Committee
on Banking, Housing, and Urban Affairs, the Committee on
Finance, and the Select Committee on Intelligence of the
Senate; and
(2) the Committee on Foreign Affairs, the Committee on
Appropriations, the Committee on Armed Services, the Committee
on Financial Services, the Committee on Ways and Means, and the
Permanent Select Committee on Intelligence of the House of
Representatives.
(f) Effective Date.--This section shall take effect on the date of
the enactment of this Act and apply with respect to activities and
transactions described in subsection (a) that are carried out on or
after the later of--
(1) the date that is 45 days after such date of enactment;
or
(2) the date that is 45 days after a person is designated
as described in subparagraph (A) or (B) of subsection (a)(2).
SEC. 304. 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 120
days after the date of the enactment of the Iran Threat
Reduction and Syria 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 subparagraph (A) of paragraph (1), as
designated by subsection (a)(1), 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)--
(I) by striking ``the revision''
and inserting ``the applicable
revision''; and
(II) by striking ``not more than 3
years'' and inserting ``not less than 2
years''; 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) in paragraph (5), by striking ``in the national
interest'' and inserting ``essential to the national
security interests'';
(D) 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
(E) 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
120 days after the date of the enactment of the Iran
Threat Reduction and Syria 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) Sense of Congress.--It is the sense of Congress that the
National Iranian Oil Company and the National Iranian Tanker Company
are not only owned and controlled by the Government of Iran but that
those companies provide significant support to Iran's Revolutionary
Guard Corps and its affiliates.
(b) Determinations.--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), the Secretary of the Treasury shall, not later
than 45 days after the date of the enactment of the
Iran Threat Reduction and Syria 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), if the Secretary of
the Treasury determines that the NIOC or the
NITC is a person described in clause (i) or
(ii) of paragraph (2)(E), the regulations
prescribed under paragraph (1) shall apply with
respect to a significant transaction or
transactions or significant financial services
knowingly facilitated or provided by a foreign
financial institution for the NIOC or the NITC,
as applicable, for the purchase of petroleum or
petroleum products from Iran, only if a
determination of the President under section
1245(d)(4)(B) of the National Defense
Authorization Act for Fiscal Year 2012 (22
U.S.C. 8513a(d)(4)(B)) 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
their purchases from Iran is in effect at the
time of the transaction or the provision of the
service.
``(ii) Exception for certain countries.--If
the Secretary of the Treasury determines that
the NIOC or the NITC is a person described in
clause (i) or (ii) of paragraph (2)(E), the
regulations prescribed under paragraph (1)
shall not apply to a significant transaction or
transactions or significant financial services
knowingly facilitated or provided by a foreign
financial institution for the NIOC or the NITC,
as applicable, for the purchase of petroleum or
petroleum products from Iran if an exception
under paragraph (4)(D) of section 1245(d) of
the National Defense Authorization Act for
Fiscal Year 2012 (22 U.S.C. 8513a(d)) applies
to the country with primary jurisdiction over
the foreign financial institution at the time
of the transaction or the provision of the
service.
``(iii) Rule of construction.--The
exceptions in clauses (i) and (ii) shall not be
construed to limit the authority of the
Secretary of the Treasury to impose sanctions
pursuant to the regulations prescribed under
paragraph (1) for an activity described in
paragraph (2) to the extent the activity would
meet the criteria described in that paragraph
in the absence of the involvement of the NIOC
or the NITC.
``(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.''.
(c) Conforming Amendments.--
(1) Waiver.--Section 104(f) of the Comprehensive Iran
Sanctions, Accountability, and Divestment Act of 2010 (22
U.S.C. 8513(f)) is amended by inserting ``or section 104A''
after ``subsection (c)''.
(2) Classified information.--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)'' and inserting ``paragraph (1) or (4) of
subsection (c) or section 104A'' both places it appears.
(d) Applicability.--
(1) In general.--If an exception to sanctions described in
clause (i) or (ii) of paragraph (4)(C) of section 104(c) of the
Comprehensive Iran Sanctions, Accountability, and Divestment
Act of 2010, as added by subsection (b), applies to a person
that engages in a transaction described in paragraph (2) at the
time of the transaction, the President is authorized not to
impose sanctions with respect to the transaction under--
(A) section 302(b)(1);
(B) section 104A of the Comprehensive Iran
Sanctions, Accountability, and Divestment Act of 2010,
as added by section 216; or
(C) any other applicable provision of law
authorizing the imposition of sanctions with respect to
Iran.
(2) Transaction described.--A transaction described in this
paragraph is a transaction--
(A) solely for the purchase of petroleum or
petroleum products from Iran; and
(B) for which sanctions may be imposed solely as a
result of the involvement of the National Iranian Oil
Company or the National Iranian Tanker Company in the
transaction under--
(i) section 302(b)(1);
(ii) section 104A of the Comprehensive Iran
Sanctions, Accountability, and Divestment Act
of 2010, as added by section 216; or
(iii) any other applicable provision of law
authorizing the imposition of sanctions with
respect to 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. IMPOSITION OF SANCTIONS ON CERTAIN PERSONS RESPONSIBLE FOR OR
COMPLICIT IN HUMAN RIGHTS ABUSES COMMITTED AGAINST
CITIZENS OF IRAN OR THEIR FAMILY MEMBERS AFTER THE JUNE
12, 2009, ELECTIONS IN IRAN.
(a) Sense of Congress.--It is the sense of Congress that the
Supreme Leader of Iran, the President of Iran, senior members of the
Intelligence Ministry of Iran, senior members of Iran's Revolutionary
Guard Corps, Ansar-e-Hezbollah and Basij-e-Mostaz'afin, and the
Ministers of Defense, Interior, Justice, and Telecommunications are
ultimately responsible for ordering, controlling, or otherwise
directing a pattern and practice of serious human rights abuses against
the Iranian people, and thus the President should include such persons
on the list of persons who are responsible for or complicit in
committing serious human rights abuses and subject to sanctions
pursuant to section 105 of the Comprehensive Iran Sanctions,
Accountability, and Divestment Act of 2010 (22 U.S.C. 8514).
(b) Report.--
(1) Report required.--Not later than 180 days after the
date of the enactment of this Act, the Secretary of State shall
submit to the appropriate congressional committees a detailed
report with respect to whether each person described in
subsection (a) is responsible for or complicit in, or
responsible for ordering, controlling, or otherwise directing
the commission of serious human rights abuses against citizens
of Iran or their family members on or after June 12, 2009,
regardless of whether such abuses occurred in Iran. For any
such person who is not included in such report, the Secretary
of State should describe in the report the reasons why the
person was not included, including information on whether
sufficient credible evidence of responsibility for such abuses
was found.
(2) Form.--The report required by paragraph (1) shall be
submitted in unclassified form but may contain a classified
annex.
(3) Definition.--In this subsection, the term ``appropriate
congressional committees'' means--
(A) the Committee on Foreign Relations and the
Committee on Banking, Housing, and Urban Affairs of the
Senate; and
(B) the Committee on Foreign Affairs and the
Committee on Financial Services of the House of
Representatives.
SEC. 402. 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 Threat Reduction and Syria 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, any entity organized
under the laws of Iran or otherwise subject to
the jurisdiction of the Government of Iran, or
any national of Iran, for use in or with
respect to Iran; or
``(ii) provides services (including
services relating to hardware, software, and
specialized information, and professional
consulting, engineering, and support 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 Threat Reduction and Syria
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 (or by any other
person on behalf of the Government of Iran or any of
such 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. 403. IMPOSITION OF SANCTIONS WITH RESPECT TO PERSONS WHO ENGAGE IN
CENSORSHIP OR OTHER RELATED ACTIVITIES AGAINST CITIZENS
OF IRAN.
(a) Sense of Congress.--It is the sense of Congress that--
(1) satellite service providers and other entities that
have direct contractual arrangements to provide satellite
services to the Government of Iran or entities owned or
controlled by that Government should cease providing broadcast
services to that Government and those entities unless that
Government ceases activities intended to jam or restrict
satellite signals; and
(2) the United States should address the illegal jamming of
satellite signals by the Government of Iran through the voice
and vote of the United States in the United Nations
International Telecommunications Union.
(b) Imposition of Sanctions.--The Comprehensive Iran Sanctions,
Accountability, and Divestment Act of 2010 (22 U.S.C. 8501 et seq.), as
amended by section 402, 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 Threat Reduction and Syria Human
Rights Act of 2012, the President shall submit to the
appropriate congressional committees a list of persons that the
President determines have, on or after June 12, 2009, engaged
in censorship or other activities with respect to Iran that--
``(A) prohibit, limit, or penalize the exercise of
freedom of expression or assembly by citizens of Iran;
or
``(B) limit access to print or broadcast media,
including the facilitation or support of intentional
frequency manipulation by the Government of Iran or an
entity owned or controlled by that Government that
would jam or restrict an international signal.
``(2) 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.
``(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.''.
(c) Clerical Amendment.--The table of contents for the
Comprehensive Iran Sanctions, Accountability, and Divestment Act of
2010, as amended by section 402, 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.''.
(d) 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
SEC. 411. CODIFICATION OF SANCTIONS WITH RESPECT TO GRAVE HUMAN RIGHTS
ABUSES BY THE GOVERNMENTS OF IRAN AND SYRIA USING
INFORMATION TECHNOLOGY.
United States sanctions with respect to Iran and Syria provided for
in Executive Order No. 13606 (77 Fed. Reg. 24571), as in effect on the
day before the date of the enactment of this Act, shall remain in
effect--
(1) with respect to Iran, until the date that is 30 days
after the date on which the President submits to Congress the
certification described in section 401(a) of the Comprehensive
Iran Sanctions, Accountability, and Divestment Act of 2010 (22
U.S.C. 8551(a)); and
(2) with respect to Syria, until the date on which the
provisions of and sanctions imposed pursuant to title VII
terminate pursuant to section 706.
SEC. 412. CLARIFICATION OF SENSITIVE TECHNOLOGIES FOR PURPOSES OF
PROCUREMENT BAN UNDER COMPREHENSIVE IRAN SANCTIONS,
ACCOUNTABILITY, AND DIVESTMENT ACT OF 2010.
The Secretary of State shall--
(1) not later than 90 days after the date of the enactment
of this Act, issue guidelines to further describe the
technologies that may be considered ``sensitive technology''
for purposes of section 106 of the Comprehensive Iran
Sanctions, Accountability, and Divestment Act of 2010 (22
U.S.C. 8515), with special attention to new forms of
sophisticated jamming, monitoring, and surveillance technology
relating to mobile telecommunications and the Internet, and
publish those guidelines in the Federal Register;
(2) determine the types of technologies that enable any
indigenous capabilities that Iran has to disrupt and monitor
information and communications in that country, and consider
adding descriptions of those items to the guidelines; and
(3) periodically review, but in no case less than once each
year, the guidelines and, if necessary, amend the guidelines on
the basis of technological developments and new information
regarding transfers of technologies to Iran and the development
of Iran's indigenous capabilities to disrupt and monitor
information and communications in Iran.
SEC. 413. 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 Office's regulations, including section 501.801 of
title 31, Code of Federal Regulations (commonly known as the Reporting,
Procedures and Penalties Regulations). Applicants shall 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 shall include 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 title
15, Code of Federal 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 unusual or extraordinary
circumstances.
(e) Regulations.--The Secretary of the Treasury may prescribe such
regulations as are appropriate to carry out this section.
SEC. 414. 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 Secretary of State, in consultation with the Secretary of the
Treasury and the heads of other Federal agencies, as appropriate, shall
submit to the appropriate congressional committees a comprehensive
strategy 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
mobile and other 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--
(A) by expanding 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; and
(B) by assisting telecommunications and software
companies that are United States persons to comply with
the export licensing requirements of the United States
for the purpose of expanding such communications inside
Iran;
(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;
(10) expand worldwide United States embassy and consulate
programming for and outreach to Iranian dissident communities;
(11) expand access to proxy servers for democracy activists
in Iran; and
(12) discourage telecommunications and software companies
from facilitating Internet censorship by the Government of
Iran.
SEC. 415. STATEMENT OF POLICY ON POLITICAL PRISONERS.
It shall be the policy of the United States--
(1) to support efforts to research and identify prisoners
of conscience and cases of human rights abuses in Iran;
(2) to 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;
(3) to 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 the national
security interests of the United States; and
(4) to 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. INTERESTS IN CERTAIN FINANCIAL ASSETS OF IRAN.
(a) Interests in Blocked Assets.--
(1) In general.--Subject to paragraph (2), notwithstanding
any other provision of law, including any provision of law
relating to sovereign immunity, and preempting any inconsistent
provision of State law, a financial asset that is--
(A) held in the United States for a foreign
securities intermediary doing business in the United
States;
(B) a blocked asset (whether or not subsequently
unblocked) that is property described in subsection
(b); and
(C) equal in value to a financial asset of Iran,
including an asset of the central bank or monetary
authority of the Government of Iran or any agency or
instrumentality of that Government, that such foreign
securities intermediary or a related intermediary holds
abroad,
shall be subject to execution or attachment in aid of execution
in order to satisfy any judgment to the extent of any
compensatory damages awarded 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.
(2) Court determination required.--In order to ensure that
Iran is held accountable for paying the judgments described in
paragraph (1) and in furtherance of the broader goals of this
Act to sanction Iran, prior to an award turning over any asset
pursuant to execution or attachment in aid of execution with
respect to any judgments against Iran described in paragraph
(1), the court shall determine whether Iran holds equitable
title to, or the beneficial interest in, the assets described
in subsection (b) and that no other person possesses a
constitutionally protected interest in the assets described in
subsection (b) under the Fifth Amendment to the Constitution of
the United States. To the extent the court determines that a
person other than Iran holds--
(A) equitable title to, or a beneficial interest
in, the assets described in subsection (b) (excluding a
custodial interest of a foreign securities intermediary
or a related intermediary that holds the assets abroad
for the benefit of Iran); or
(B) a constitutionally protected interest in the
assets described in subsection (b),
such assets shall be available only for execution or attachment
in aid of execution to the extent of Iran's equitable title or
beneficial interest therein and to the extent such execution or
attachment does not infringe upon such constitutionally
protected interest.
(b) Financial Assets Described.--The financial assets described in
this section are the financial assets that are identified in and the
subject of proceedings in the United States District Court for the
Southern District of New York in Peterson et al. v. Islamic Republic of
Iran et al., Case No. 10 Civ. 4518 (BSJ) (GWG), that were restrained by
restraining notices and levies secured by the plaintiffs in those
proceedings, as modified by court order dated June 27, 2008, and
extended by court orders dated June 23, 2009, May 10, 2010, and June
11, 2010, so long as such assets remain restrained by court order.
(c) Rules of Construction.--Nothing in this section shall be
construed--
(1) to affect the availability, or lack thereof, of a right
to satisfy a judgment in any other action against a terrorist
party in any proceedings other than proceedings referred to in
subsection (b); or
(2) to apply to assets other than the assets described in
subsection (b), or to preempt State law, including the Uniform
Commercial Code, except as expressly provided in subsection
(a)(1).
(d) 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) Financial asset; securities intermediary.--The terms
``financial asset'' and ``securities intermediary'' have the
meanings given those terms in the Uniform Commercial Code, but
the former includes cash.
(3) 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.
(4) Person.--
(A) In general.--The term ``person'' means an
individual or entity.
(B) Entity.--The term ``entity'' means a
partnership, association, trust, joint venture,
corporation, group, subgroup, or other organization.
(5) Terrorist party.--The term ``terrorist party'' has the
meaning given that term in section 201(d) of the Terrorism Risk
Insurance Act of 2002 (28 U.S.C. 1610 note).
(6) United states.--The term ``United States'' includes all
territory and waters, continental, or insular, subject to the
jurisdiction of the United States.
(e) Technical Changes to the Foreign Sovereign Immunities Act.--
(1) Title 28, united states code.--Section 1610 of title
28, United States Code, is amended--
(A) in subsection (a)(7), by inserting after
``section 1605A'' the following: ``or section
1605(a)(7) (as such section was in effect on January
27, 2008)''; and
(B) in subsection (b)--
(i) in paragraph (2)--
(I) by striking ``(5), 1605(b), or
1605A'' and inserting ``(5) or
1605(b)''; and
(II) by striking the period at the
end and inserting ``, or''; and
(ii) by adding after paragraph (2) the
following:
``(3) the judgment relates to a claim for which the agency
or instrumentality is not immune by virtue of section 1605A of
this chapter or section 1605(a)(7) of this chapter (as such
section was in effect on January 27, 2008), regardless of
whether the property is or was involved in the act upon which
the claim is based.''.
(2) Terrorism risk insurance act of 2002.--Section 201(a)
of the Terrorism Risk Insurance Act of 2002 (28 U.S.C. 1610
note) is amended by striking ``section 1605(a)(7)'' and
inserting ``section 1605A or 1605(a)(7) (as such section was in
effect on January 27, 2008)''.
SEC. 503. TECHNICAL CORRECTIONS TO SECTION 1245 OF THE NATIONAL DEFENSE
AUTHORIZATION ACT FOR FISCAL YEAR 2012.
(a) Exception for Sales of Agricultural Commodities.--
(1) In general.--Section 1245(d)(2) of the National Defense
Authorization Act for Fiscal Year 2012 (22 U.S.C. 8513a(d)(2))
is amended--
(A) in the paragraph heading, by inserting
``agricultural commodities,'' after ``sales of''; and
(B) in the text, by inserting ``agricultural
commodities,'' after ``sale of''.
(2) Effective date.--The amendments made by paragraph (1)
shall take effect as if included in the National Defense
Authorization Act for Fiscal Year 2012 (Public Law 112-81; 125
Stat. 1298).
(b) Report of Energy Information Administration.--
(1) In general.--Section 1245(d)(4)(A) of the National
Defense Authorization Act for Fiscal Year 2012 (22 U.S.C.
8513a(d)(4)(A)) is amended--
(A) by striking ``60 days after the date of the
enactment of this Act, and every 60 days thereafter''
and inserting ``October 25, 2012, and the last Thursday
of every other month thereafter''; and
(B) by striking ``60-day period'' and inserting
``2-month period''.
(2) Effective date.--The amendments made by paragraph (1)
shall take effect on September 1, 2012.
SEC. 504. EXPANSION OF SANCTIONS UNDER SECTION 1245 OF THE NATIONAL
DEFENSE AUTHORIZATION ACT FOR FISCAL YEAR 2012.
(a) In General.--Section 1245 of the National Defense Authorization
Act for Fiscal Year 2012 (22 U.S.C. 8513a), as amended by section 503,
is further amended--
(1) in subsection (d)--
(A) in paragraph (3), by striking ``a foreign
financial institution owned or controlled by the
government of a foreign country, including''; and
(B) in paragraph (4)(D)--
(i) by striking ``Sanctions imposed'' and
inserting the following:
``(i) In general.--Sanctions imposed'';
(ii) in clause (i), as designated by clause
(i) of this subparagraph--
(I) by striking ``a foreign
financial institution'' and inserting
``a financial transaction described in
clause (ii) conducted or facilitated by
a foreign financial institution'';
(II) by striking ``institution has
significantly'' and inserting
``institution--
``(I) has significantly reduced'';
(III) by striking the period at the
end and inserting ``; or''; and
(IV) by adding at the end the
following:
``(II) in the case of a country
that has previously received an
exception under this subparagraph, has,
after receiving the exception, reduced
its crude oil purchases from Iran to
zero.''; and
(iii) by adding at the end the following:
``(ii) Financial transactions described.--A
financial transaction conducted or facilitated
by a foreign financial institution is described
in this clause if--
``(I) the financial transaction is
only for trade in goods or services
between the country with primary
jurisdiction over the foreign financial
institution and Iran; and
``(II) any funds owed to Iran as a
result of such trade are credited to an
account located in the country with
primary jurisdiction over the foreign
financial institution.'';
(2) in subsection (h)--
(A) by redesignating paragraph (3) as paragraph
(4); and
(B) by inserting after paragraph (2) the following:
``(3) Significant reductions.--The terms `reduce
significantly', `significant reduction', and `significantly
reduced', with respect to purchases from Iran of petroleum and
petroleum products, include a reduction in such purchases in
terms of price or volume toward a complete cessation of such
purchases.''; and
(3) by adding at the end the following:
``(i) Termination.--The provisions of this section shall terminate
on the date that is 30 days after the date on which the President
submits to Congress 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 amendments made by paragraphs (1) and (2)
of subsection (a) shall apply with respect to financial transactions
conducted or facilitated on or after the date that is 180 days after
the date of the enactment of this Act.
SEC. 505. REPORTS ON NATURAL GAS EXPORTS FROM IRAN.
(a) Report by Energy Information Administration.--Not later than 60
days after the date of the enactment of this Act, the Administrator of
the Energy Information Administration shall submit to the President and
the appropriate congressional committees a report on the natural gas
sector of Iran that includes--
(1) an assessment of exports of natural gas from Iran;
(2) an identification of the countries that purchase the
most natural gas from Iran;
(3) an assessment of alternative supplies of natural gas
available to those countries;
(4) an assessment of the impact a reduction in exports of
natural gas from Iran would have on global natural gas supplies
and the price of natural gas, especially in countries
identified under paragraph (2); and
(5) such other information as the Administrator considers
appropriate.
(b) Report by President.--
(1) In general.--Not later than 60 days after receiving the
report required by subsection (a), the President shall, relying
on information in that report, submit to the appropriate
congressional committees a report that includes--
(A) an assessment of--
(i) the extent to which revenues from
exports of natural gas from Iran are still
enriching the Government of Iran;
(ii) whether a sanctions regime similar to
the sanctions regime imposed with respect to
purchases of petroleum and petroleum products
from Iran pursuant to section 1245 of the
National Defense Authorization Act for Fiscal
Year 2012, as amended by sections 503 and 504,
or other measures could be applied effectively
to exports of natural gas from Iran;
(iii) the geostrategic implications of a
reduction in exports of natural gas from Iran,
including the impact of such a reduction on the
countries identified under subsection (a)(2);
(iv) alternative supplies of natural gas
available to those countries; and
(v) the impact a reduction in exports of
natural gas from Iran would have on global
natural gas supplies and the price of natural
gas and the impact, if any, on swap
arrangements for natural gas in place between
Iran and neighboring countries; and
(B) specific recommendations with respect to
measures designed to limit the revenue received by the
Government of Iran from exports of natural gas; and
(C) any other information the President considers
appropriate.
(2) Form of report.--Each report required by paragraph (1)
shall be submitted in unclassified form but may contain a
classified annex.
SEC. 506. REPORT ON MEMBERSHIP OF IRAN IN INTERNATIONAL ORGANIZATIONS.
Not later than 180 days after the date of the enactment of this
Act, and not later than September 1 of each year thereafter, the
Secretary of State shall submit to the appropriate congressional
committees 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.
SEC. 507. SENSE OF CONGRESS ON EXPORTATION OF GOODS, SERVICES, AND
TECHNOLOGIES FOR AIRCRAFT PRODUCED IN THE UNITED STATES.
It is the sense of Congress that licenses to export or reexport
goods, services, or technologies for aircraft produced in the United
States should be provided only in situations in which such licenses are
truly essential and in a manner consistent with the laws and foreign
policy goals of the United States.
TITLE VI--GENERAL PROVISIONS
SEC. 601. 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, 212, 213, 217, 218, 220, 312, and 411,
subtitle A of title III, and title VII;
(2) section 104A of the Comprehensive Iran Sanctions,
Accountability, and Divestment Act of 2010, as added by section
312; and
(3) sections 105A and 105B of the Comprehensive Iran
Sanctions, Accountability, and Divestment Act of 2010, as added
by subtitle A of title IV.
(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, 212, 213, and 220, subtitle A of
title III, and title VII.
(B) Sections 105A and 105B of the Comprehensive
Iran Sanctions, Accountability, and Divestment Act of
2010, as added by subtitle A of title IV.
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. APPLICABILITY TO CERTAIN NATURAL GAS PROJECTS.
(a) Exception for Certain Natural Gas Projects.--Nothing in this
Act or the amendments made by this Act shall apply to any activity
relating to a project--
(1) for the development of natural gas and the construction
and operation of a pipeline to transport natural gas from
Azerbaijan to Turkey and Europe;
(2) that provides to Turkey and countries in Europe energy
security and energy independence from the Government of the
Russian Federation and other governments with jurisdiction over
persons subject to sanctions imposed under this Act or
amendments made by this Act; and
(3) that was initiated before the date of the enactment of
this Act pursuant to a production-sharing agreement, or an
ancillary agreement necessary to further a production-sharing
agreement, entered into with, or a license granted by, the
government of a country other than Iran before such date of
enactment.
(b) Termination of Exception.--
(1) In general.--The exception under subsection (a) shall
not apply with respect to a project described in that
subsection on or after the date on which the President
certifies to the appropriate congressional committees that--
(A) the percentage of the equity interest in the
project held by or on behalf of an entity described in
paragraph (2) has increased relative to the percentage
of the equity interest in the project held by or on
behalf of such an entity on January 1, 2002; or
(B) an entity described in paragraph (2) has
assumed an operational role in the project.
(2) Entity described.--An entity described in this
paragraph is--
(A) an entity--
(i) owned or controlled by the Government
of Iran or identified under section 560.304 of
title 31, Code of Federal Regulations (relating
to the definition of the Government of Iran);
or
(ii) organized under the laws of Iran or
with the participation or approval of the
Government of Iran;
(B) an entity owned or controlled by an entity
described in subparagraph (A); or
(C) a successor entity to an entity described in
subparagraph (A).
SEC. 604. RULE OF CONSTRUCTION WITH RESPECT TO USE OF FORCE AGAINST
IRAN AND SYRIA.
Nothing in this Act or the amendments made by this Act shall be
construed as a declaration of war or an authorization of the use of
force against Iran or Syria.
SEC. 605. TERMINATION.
(a) In General.--The provisions of sections 211, 212, 213, 218,
220, 221, 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)).
(b) Amendment to Termination Date of Comprehensive Iran Sanctions,
Accountability, and Divestment Act of 2010.--Section 401(a)(2) of the
Comprehensive Iran Sanctions, Accountability, and Divestment Act of
2010 (22 U.S.C. 8551(a)(2)) is amended by inserting ``, and verifiably
dismantled its,'' after ``development of''.
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 120 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 300 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 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 120 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 300 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 120 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 300 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 180 days to allow time for a
certification described in subsection (b) to be submitted.
Attest:
Clerk.
112th CONGRESS
2d Session
H.R. 1905
_______________________________________________________________________
HOUSE AMENDMENT TO SENATE AMENDMENT