[Congressional Bills 112th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1905 Engrossed Amendment Senate (EAS)]
In the Senate of the United States,
May 21, 2012.
Resolved, That the bill from the House of Representatives (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.'', do pass
with the following
AMENDMENT:
Strike all after the enacting clause and insert the
following:
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``Iran Sanctions,
Accountability, and Human Rights Act of 2012''.
(b) Table of Contents.--The table of contents for this Act is as
follows:
Sec. 1. Short title; table of contents.
Sec. 2. Findings.
Sec. 3. Definitions.
TITLE I--EXPANSION OF MULTILATERAL SANCTIONS REGIME WITH RESPECT TO
IRAN
Sec. 101. Policy of the United States with respect to development of
nuclear weapons capabilities by Iran.
Sec. 102. Sense of Congress on enforcement of multilateral sanctions
regime and expansion and implementation of
sanctions laws.
Sec. 103. Diplomatic efforts to expand multilateral sanctions regime.
Sec. 104. Sense of Congress regarding the imposition of sanctions with
respect to Iran.
TITLE II--EXPANSION OF SANCTIONS RELATING TO THE ENERGY SECTOR OF IRAN
AND PROLIFERATION OF WEAPONS OF MASS DESTRUCTION BY IRAN
Subtitle A--Expansion of Iran Sanctions Act of 1996
Sec. 201. Imposition of sanctions with respect to joint ventures with
the Government of Iran relating to
developing petroleum resources.
Sec. 202. Imposition of sanctions with respect to the provision of
goods, services, technology, or support for
the energy or petrochemical sectors of
Iran.
Sec. 203. Imposition of sanctions with respect to joint ventures with
the Government of Iran relating to mining,
production, or transportation of uranium.
Sec. 204. Expansion of sanctions available under the Iran Sanctions Act
of 1996.
Sec. 205. Expansion of definitions under the Iran Sanctions Act of
1996.
Subtitle B--Additional Measures Relating to Sanctions Against Iran
Sec. 211. Imposition of sanctions with respect to the provision of
vessels or shipping services to transport
certain goods related to proliferation or
terrorism activities to Iran.
Sec. 212. Imposition of sanctions with respect to subsidiaries and
agents of persons sanctioned by United
Nations Security Council resolutions.
Sec. 213. Liability of parent companies for violations of sanctions by
foreign subsidiaries.
Sec. 214. Disclosures to the Securities and Exchange Commission
relating to sanctionable activities.
Sec. 215. Identification of, and immigration restrictions on, senior
officials of the Government of Iran and
their family members.
Sec. 216. Reports on, and authorization of imposition of sanctions with
respect to, the provision of specialized
financial messaging services to the Central
Bank of Iran and other sanctioned Iranian
financial institutions.
Sec. 217. Government Accountability Office report on foreign entities
that invest in the energy sector of Iran or
export refined petroleum products to Iran.
Sec. 218. Reporting on the importation to and exportation from Iran of
crude oil and refined petroleum products.
TITLE III--SANCTIONS WITH RESPECT TO IRAN'S REVOLUTIONARY GUARD CORPS
Subtitle A--Identification of, and Sanctions With Respect to,
Officials, Agents, Affiliates, and Supporters of Iran's Revolutionary
Guard Corps and Other Sanctioned Persons
Sec. 301. Identification of, and imposition of sanctions with respect
to, officials, agents, and affiliates of
Iran's Revolutionary Guard Corps.
Sec. 302. Identification of, and imposition of sanctions with respect
to, persons that support or conduct certain
transactions with Iran's Revolutionary
Guard Corps or other sanctioned persons.
Sec. 303. Rule of construction.
Subtitle B--Additional Measures Relating to Iran's Revolutionary Guard
Corps
Sec. 311. Expansion of procurement prohibition to foreign persons that
engage in certain transactions with Iran's
Revolutionary Guard Corps.
Sec. 312. Determinations of whether the National Iranian Oil Company
and the National Iranian Tanker Company are
agents or affiliates of Iran's
Revolutionary Guard Corps.
TITLE IV--MEASURES RELATING TO HUMAN RIGHTS ABUSES IN IRAN
Subtitle A--Expansion of Sanctions Relating to Human Rights Abuses in
Iran
Sec. 401. Findings.
Sec. 402. Sense of Congress.
Sec. 403. 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. 404. Imposition of Sanctions with respect to persons who engage in
censorship or other related activities
against citizens of Iran.
Subtitle B--Additional Measures to Promote Human Rights in Iran
Sec. 411. Expedited consideration of requests for authorization of
certain human rights-, humanitarian-, and
democracy-related activities with respect
to Iran.
Sec. 412. Comprehensive strategy to promote Internet freedom and access
to information in Iran.
Sec. 413. Sense of Congress on political prisoners.
TITLE V--MISCELLANEOUS
Sec. 501. Exclusion of citizens of Iran seeking education relating to
the nuclear and energy sectors of Iran.
Sec. 502. Technical correction.
Sec. 503. Interests in certain financial assets of Iran.
Sec. 504. Report on membership of Iran in international organizations.
Sec. 505. Increased capacity for efforts to combat unlawful or
terrorist financing.
TITLE VI--GENERAL PROVISIONS
Sec. 601. Technical implementation; penalties.
Sec. 602. Applicability to certain intelligence activities.
Sec. 603. Rule of Construction with respect to use of force against
Iran and Syria.
Sec. 604. Termination.
TITLE VII--SANCTIONS WITH RESPECT TO HUMAN RIGHTS ABUSES IN SYRIA
Sec. 701. Short title.
Sec. 702. Imposition of sanctions with respect to certain persons who
are responsible for or complicit in human
rights abuses committed against citizens of
Syria or their family members.
Sec. 703. Imposition of sanctions with respect to the transfer of goods
or technologies to Syria that are likely to
be used to commit human rights abuses.
Sec. 704. Imposition of sanctions with respect to persons who engage in
censorship or other forms of repression in
Syria.
Sec. 705. Waiver.
Sec. 706. Termination.
SEC. 2. FINDINGS.
Congress makes the following findings:
(1) Successive Presidents of the United States have
determined that the pursuit of nuclear weapons capabilities by
the Government of Iran presents a danger to the United States,
its friends and allies, and to global security.
(2) Successive Congresses have recognized the threat that
the Government of Iran and its policies present to the United
States, its friends and allies, and to global security, and
responded with successive bipartisan legislative initiatives,
including most recently the enactment of the Comprehensive Iran
Sanctions, Accountability, and Divestment Act of 2010 (22
U.S.C. 8501 et seq.) on July 1, 2010.
(3) If the Government of Iran achieves a nuclear weapons
capability, it would pose a threat to the United States and
allies and friends of the United States, particularly Israel,
destabilize the Middle East, increase the threat of nuclear
terrorism, and significantly undermine global nonproliferation
efforts.
(4) The United States and its allies in the international
community recognize the threat posed by the pursuit of nuclear
weapons capabilities by the Government of Iran and have imposed
significant sanctions against the Government of Iran, including
through the enactment of the Comprehensive Iran Sanctions,
Accountability, and Divestment Act of 2010 in the United States
and the adoption of a series of successive, increasingly
stringent United Nations Security Council resolutions. While
such efforts, together with others, have served to slow the
development of Iran's nuclear program, they have not yet
deterred Iran from its nuclear ambitions, and international
efforts to do so must be intensified.
SEC. 3. DEFINITIONS.
In this Act:
(1) Appropriate congressional committees.--The term
``appropriate congressional committees'' has the meaning given
that term in section 14 of the Iran Sanctions Act of 1996
(Public Law 104-172; 50 U.S.C. 1701 note).
(2) Credible information.--The term ``credible
information'' has the meaning given that term in section 14 of
the Iran Sanctions Act of 1996, as amended by section 205 of
this Act.
(3) Knowingly.--The term ``knowingly'' has the meaning
given that term in section 14 of the Iran Sanctions Act of 1996
(Public Law 104-172; 50 U.S.C. 1701 note).
(4) United states person.--The term ``United States
person'' has the meaning given that term in section 101 of the
Comprehensive Iran Sanctions, Accountability, and Divestment
Act of 2010 (22 U.S.C. 8511).
TITLE I--EXPANSION OF MULTILATERAL SANCTIONS REGIME WITH RESPECT TO
IRAN
SEC. 101. POLICY OF THE UNITED STATES WITH RESPECT TO DEVELOPMENT OF
NUCLEAR WEAPONS CAPABILITIES BY IRAN.
It shall be the policy of the United States--
(1) to prevent the Government of Iran from--
(A) acquiring or developing nuclear weapons;
(B) developing its advanced conventional weapons
and ballistic missile capabilities; and
(C) continuing its support for terrorist
organizations and other activities aimed at undermining
and destabilizing its neighbors and other countries;
and
(2) to fully implement all multilateral and bilateral
sanctions against Iran, as part of larger multilateral and
bilateral diplomatic efforts, in order to compel the Government
of Iran--
(A) to abandon efforts to acquire a nuclear weapons
capability;
(B) to abandon and dismantle its ballistic missile
and unconventional weapons programs; and
(C) to cease all support for terrorist
organizations and other terrorist activities aimed at
undermining and destabilizing its neighbors and other
countries.
SEC. 102. SENSE OF CONGRESS ON 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 these
economic sanctions 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 his
designees, including the Secretary of the Treasury and
the Secretary of State, along with senior officials in
the intelligence community, 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 Defense, 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;
(D) those Iranian financial institutions not
currently 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, within 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, within 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. 103. DIPLOMATIC EFFORTS TO EXPAND MULTILATERAL SANCTIONS REGIME.
(a) Multilateral Negotiations.--In order to further the policy set
forth in section 101, Congress urges the President to intensify
diplomatic efforts, both in appropriate international fora such as the
United Nations and bilaterally with allies of the United States, to
expand the multilateral sanctions regime with respect to Iran,
including--
(1) expanding the United Nations Security Council sanctions
regime to include--
(A) a prohibition on the issuance of visas to any
official of the Government of Iran who is involved in--
(i) human rights violations in or outside
of Iran;
(ii) the development of a nuclear weapons
program and a ballistic missile capability in
Iran; or
(iii) support by the Government of Iran for
terrorist organizations, including Hamas and
Hezbollah; and
(B) a requirement that each member country of the
United Nations prohibit the Islamic Republic of Iran
Shipping Lines from landing at seaports, and cargo
flights of Iran Air from landing at airports, in that
country because of the role of those organizations in
proliferation and illegal arms sales;
(2) expanding the range of sanctions imposed with respect
to Iran by allies of the United States;
(3) expanding efforts to limit the development of petroleum
resources and the importation of refined petroleum products by
Iran;
(4) developing additional initiatives to--
(A) increase the production of crude oil in
countries other than Iran; and
(B) assist countries that purchase or otherwise
obtain crude oil or petroleum products from Iran to
reduce their dependence on crude oil and petroleum
products from Iran; and
(5) eliminating the revenue generated by the Government of
Iran from the sale of petrochemical products produced in Iran
to other countries.
(b) Reports to Congress.--Not later than 180 days after the date of
the enactment of this Act, and every 180 days thereafter, the President
shall submit to the appropriate congressional committees a report on
the extent to which diplomatic efforts described in subsection (a) have
been successful that includes--
(1) an identification of the countries that have agreed to
impose additional sanctions or take other measures to further
the policy set forth in section 101 and a description of those
measures;
(2) an identification of the countries that have not agreed
to impose such sanctions or measures;
(3) recommendations for additional measures that the United
States could take to further the policy set forth in section
101; and
(4) a description of any decision by the World Trade
Organization with respect to whether the imposition by any
country of any sanction with respect to Iran is inconsistent
with the obligations of that country as a member of the World
Trade Organization or under the General Agreement on Tariffs
and Trade, done at Geneva October 30, 1947.
SEC. 104. SENSE OF CONGRESS REGARDING THE IMPOSITION OF SANCTIONS WITH
RESPECT TO IRAN.
It is the sense of Congress that all efforts should be made by the
President to maximize the effects of existing sanctions with respect to
Iran and the United States should take all necessary measures to
preserve robust information-sharing activities.
TITLE II--EXPANSION OF SANCTIONS RELATING TO THE ENERGY SECTOR OF IRAN
AND PROLIFERATION OF WEAPONS OF MASS DESTRUCTION BY IRAN
Subtitle A--Expansion of Iran Sanctions Act of 1996
SEC. 201. IMPOSITION OF SANCTIONS WITH RESPECT TO JOINT VENTURES WITH
THE GOVERNMENT OF IRAN RELATING TO DEVELOPING PETROLEUM
RESOURCES.
Section 5(a) of the Iran Sanctions Act of 1996 (Public Law 104-172;
50 U.S.C. 1701 note) is amended--
(1) in the subsection heading, by striking ``with Respect
to'' and all that follows through ``to Iran'' and inserting
``relating to the Energy Sector of Iran''; and
(2) by adding at the end the following:
``(4) Joint ventures with iran relating to developing
petroleum resources.--
``(A) In general.--Except as provided in
subparagraph (B) and subsection (f), the President
shall impose 3 or more of the sanctions described in
section 6(a) with respect to a person if the President
determines that the person knowingly participates, on
or after the date of the enactment of the Iran
Sanctions, Accountability, and Human Rights Act of
2012, in a joint venture with respect to the
development of petroleum resources outside of Iran if--
``(i) the joint venture is established on
or after January 1, 2002; and
``(ii)(I) the Government of Iran is a
substantial partner or investor in the joint
venture; or
``(II) Iran could, through a direct
operational role in the joint venture or by
other means, receive technological knowledge or
equipment not previously available to Iran that
could directly and significantly contribute to
the enhancement of Iran's ability to develop
petroleum resources in Iran.
``(B) Applicability.--Subparagraph (A) shall not
apply with respect to participation in a joint venture
established on or after January 1, 2002, and before the
date of the enactment of the Iran Sanctions,
Accountability, and Human Rights Act of 2012 if the
person participating in the joint venture terminates
that participation not later than the date that is 180
days after such date of enactment.''.
SEC. 202. IMPOSITION OF SANCTIONS WITH RESPECT TO THE PROVISION OF
GOODS, SERVICES, TECHNOLOGY, OR SUPPORT FOR THE ENERGY OR
PETROCHEMICAL SECTORS OF IRAN.
Section 5(a) of the Iran Sanctions Act of 1996 (Public Law 104-172;
50 U.S.C. 1701 note), as amended by section 201, is further amended by
adding at the end the following:
``(5) Support for the development of petroleum resources
and refined petroleum products in iran.--
``(A) In general.--Except as provided in subsection
(f), the President shall impose 3 or more of the
sanctions described in section 6(a) with respect to a
person if the President determines that the person
knowingly, on or after the date of the enactment of the
Iran Sanctions, Accountability, and Human Rights Act of
2012, sells, leases, or provides to Iran goods,
services, technology, or support described in
subparagraph (B)--
``(i) any of which has a fair market value
of $1,000,000 or more; or
``(ii) that, during a 12-month period, have
an aggregate fair market value of $5,000,000 or
more.
``(B) Goods, services, technology, or support
described.--Goods, services, technology, or support
described in this subparagraph are goods, services,
technology, or support that could directly and
significantly contribute to the maintenance or
enhancement of Iran's--
``(i) ability to develop petroleum
resources located in Iran; or
``(ii) domestic production of refined
petroleum products, including any direct and
significant assistance with respect to the
construction, modernization, or repair of
petroleum refineries or directly associated
infrastructure, including port facilities,
railroads, or roads, if the predominant use of
those facilities, railroads, or roads is for
the transportation of refined petroleum
products.
``(6) Development and purchase of petrochemical products
from iran.--
``(A) In general.--Except as provided in subsection
(f), the President shall impose 3 or more of the
sanctions described in section 6(a) with respect to a
person if the President determines that the person
knowingly, on or after the date of the enactment of
Iran Sanctions, Accountability, and Human Rights Act of
2012, sells, leases, or provides to Iran goods,
services, technology, or support described in
subparagraph (B)--
``(i) any of which has a fair market value
of $250,000 or more; or
``(ii) that, during a 12-month period, have
an aggregate fair market value of $1,000,000 or
more.
``(B) Goods, services, technology, or support
described.--Goods, services, technology, or support
described in this subparagraph are goods, services,
technology, or support that could directly and
significantly contribute to the maintenance or
expansion of Iran's domestic production of
petrochemical products.''.
SEC. 203. IMPOSITION OF SANCTIONS WITH RESPECT TO JOINT VENTURES WITH
THE GOVERNMENT OF IRAN RELATING TO MINING, PRODUCTION, OR
TRANSPORTATION OF URANIUM.
Section 5(b) of the Iran Sanctions Act of 1996 (Public Law 104-172;
50 U.S.C. 1701 note) is amended--
(1) in paragraph (1)--
(A) by redesignating subparagraphs (A) and (B) as
clauses (i) and (ii), respectively, and moving such
clauses, as so redesignated, 2 ems to the right;
(B) by striking ``a person has, on or after'' and
inserting the following: ``a person has--
``(A) on or after'';
(C) in subparagraph (A)(ii), as redesignated, by
striking the period and inserting ``; or''; and
(D) by adding at the end the following:
``(B) except as provided in paragraph (3),
knowingly participated, on or after the date of the
enactment of the Iran Sanctions, Accountability, and
Human Rights Act of 2012, in a joint venture--
``(i) with--
``(I) the Government of Iran;
``(II) an entity incorporated in
Iran or subject to the jurisdiction of
the Government of Iran; or
``(III) a person acting on behalf
of or at the direction of, or owned or
controlled by, the Government of Iran
or an entity described in subclause
(II); and
``(ii) that involves any activity relating
to the mining, production, or transportation of
uranium.''; and
(2) by adding at the end the following:
``(3) Applicability of sanctions with respect to joint
ventures relating to the mining, production, or transportation
of uranium.--
``(A) In general.--Paragraph (1)(B) shall apply
with respect to participation, on or after the date of
the enactment of the Iran Sanctions, Accountability,
and Human Rights Act of 2012, in--
``(i) a joint venture established on or
after such date of enactment; and
``(ii) except as provided in subparagraph
(B), a joint venture established before such
date of enactment.
``(B) Exception.--Paragraph (1)(B) shall not apply
with respect to participation in a joint venture
described in subparagraph (A)(ii) if the person
participating in the joint venture terminates that
participation not later than the date that is 180 days
after the date of the enactment of the Iran Sanctions,
Accountability, and Human Rights Act of 2012.''.
SEC. 204. EXPANSION OF SANCTIONS AVAILABLE UNDER THE IRAN SANCTIONS ACT
OF 1996.
(a) In General.--Section 6(a) of the Iran Sanctions Act of 1996
(Public Law 104-172; 50 U.S.C. 1701 note) is amended--
(1) by redesignating paragraph (9) as paragraph (11); and
(2) by inserting after paragraph (8) the following:
``(9) Exclusion of corporate officers.--The President may
direct the Secretary of State to deny a visa to, and the
Secretary of Homeland Security to exclude from the United
States, any alien that the President determines is a corporate
officer or principal of, or a shareholder with a controlling
interest in, a sanctioned person.
``(10) Sanctions on principal executive officers.--The
President may impose on the principal executive officer or
officers of any sanctioned person, or on persons performing
similar functions and with similar authorities as such officer
or officers, any of the sanctions under this subsection.''.
(b) Effective Date.--The amendments made by subsection (a) shall
take effect on the date of the enactment of this Act and apply with
respect to activities described in section 5 of the Iran Sanctions Act
of 1996, as amended by this Act, commenced on or after such date of
enactment.
SEC. 205. EXPANSION OF DEFINITIONS UNDER THE IRAN SANCTIONS ACT OF
1996.
(a) In General.--Section 14 of the Iran Sanctions Act of 1996
(Public Law 104-172; 50 U.S.C. 1701 note) is amended by adding at the
end the following:
``(19) Credible information.--The term `credible
information', with respect to a person--
``(A) includes--
``(i) a public announcement by the person
that the person has engaged in an activity
described in section 5; and
``(ii) information set forth in a report to
stockholders of the person indicating that the
person has engaged in such an activity; and
``(B) may include, in the discretion of the
President--
``(i) an announcement by the Government of
Iran that the person has engaged in such an
activity; or
``(ii) information indicating that the
person has engaged in such an activity that is
set forth in--
``(I) a report of the Government
Accountability Office, the Energy
Information Administration, or the
Congressional Research Service; or
``(II) a report or publication of a
similarly reputable governmental
organization.
``(20) Petrochemical product.--The term `petrochemical
product' includes any aromatic, olefin, or synthesis gas, and
any derivative of such a gas, including ethylene, propylene,
butadiene, benzene, toluene, xylene, ammonia, methanol, and
urea.''.
(b) Effective Date.--The amendment made by subsection (a) shall
take effect on the date of the enactment of this Act and apply with
respect to activities described in section 5 of the Iran Sanctions Act
of 1996, as amended by this Act, commenced on or after such date of
enactment.
Subtitle B--Additional Measures Relating to Sanctions Against Iran
SEC. 211. IMPOSITION OF SANCTIONS WITH RESPECT TO THE PROVISION OF
VESSELS OR SHIPPING SERVICES TO TRANSPORT CERTAIN GOODS
RELATED TO PROLIFERATION OR TERRORISM ACTIVITIES TO IRAN.
(a) In General.--Except as provided in subsection (c), if the
President determines that a person, on or after the date of the
enactment of this Act, knowingly provides a vessel, insurance or
reinsurance, or any other shipping service for the transportation to or
from Iran of goods that could materially contribute to the activities
of the Government of Iran with respect to the proliferation of weapons
of mass destruction or support for acts of international terrorism, the
President shall, pursuant to Executive Order 13382 (70 Fed. Reg. 38567;
relating to blocking of property of weapons of mass destruction
proliferators and their supporters) or Executive Order 13224 (66 Fed.
Reg. 49079; relating to blocking property and prohibiting transactions
with persons who commit, threaten to commit, or support terrorism), or
otherwise pursuant to the International Emergency Economic Powers Act
(50 U.S.C. 1701 et seq.), block and prohibit all transactions in all
property and interests in property of the persons specified in
subsection (b) if such property and interests in property are in the
United States, come within the United States, or are or come within the
possession or control of a United States person.
(b) Persons Specified.--The persons specified in this subsection
are--
(1) the person that provided a vessel, insurance or
reinsurance, or other shipping service described in subsection
(a); and
(2) any person that--
(A) is a successor entity to the person referred to
in paragraph (1);
(B) owns or controls the person referred to in
paragraph (1), if the person that owns or controls the
person referred to in paragraph (1) had actual
knowledge or should have known that the person referred
to in paragraph (1) provided the vessel, insurance or
reinsurance, or other shipping service; or
(C) is owned or controlled by, or under common
ownership or control with, the person referred to in
paragraph (1), if the person owned or controlled by, or
under common ownership or control with (as the case may
be), the person referred to in paragraph (1) knowingly
engaged in the provision of the vessel, insurance or
reinsurance, or other shipping service.
(c) Waiver.--The President may waive the requirement to impose
sanctions with respect to a person under subsection (a) on or after the
date that is 30 days after the President--
(1) determines that such a waiver is in the national
security interests of the United States; and
(2) submits to the appropriate congressional committees a
report that contains the reasons for that determination.
(d) Rule of Construction.--Nothing in this section shall be
construed to limit the authority of the President to designate persons
for the imposition of sanctions pursuant to Executive Order 13382 (70
Fed. Reg. 38567; relating to the blocking of property of weapons of
mass destruction proliferators and their supporters) or Executive Order
13224 (66 Fed. Reg. 49079; relating to blocking property and
prohibiting transactions with persons who commit, threaten to commit,
or support terrorism), or otherwise pursuant to the International
Emergency Economic Powers Act (50 U.S.C. 1701 et seq.).
SEC. 212. IMPOSITION OF SANCTIONS WITH RESPECT TO SUBSIDIARIES AND
AGENTS OF PERSONS SANCTIONED BY UNITED NATIONS SECURITY
COUNCIL RESOLUTIONS.
(a) In General.--Section 104(c)(2)(B) of the Comprehensive Iran
Sanctions, Accountability, and Divestment Act of 2010 (22 U.S.C.
8513(c)(2)(B)) is amended--
(1) by striking ``of a person subject'' and inserting the
following: ``of--
``(i) a person subject'';
(2) in clause (i), as redesignated, by striking the
semicolon and inserting ``; or''; and
(3) by adding at the end the following:
``(ii) a person acting on behalf of or at
the direction of, or owned or controlled by, a
person described in clause (i);''.
(b) Regulations.--Not later than 90 days after the date of the
enactment of this Act, the Secretary of the Treasury shall make such
revisions to the regulations prescribed under section 104 of the
Comprehensive Iran Sanctions, Accountability, and Divestment Act of
2010 (22 U.S.C. 8513) as are necessary to carry out the amendments made
by subsection (a).
SEC. 213. LIABILITY OF PARENT COMPANIES FOR VIOLATIONS OF SANCTIONS BY
FOREIGN SUBSIDIARIES.
(a) Definitions.--In this section:
(1) Entity.--The term ``entity'' means a partnership,
association, trust, joint venture, corporation, or other
organization.
(2) Own or control.--The term ``own or control'' means,
with respect to an entity--
(A) to hold more than 50 percent of the equity
interest by vote or value in the entity;
(B) to hold a majority of seats on the board of
directors of the entity; or
(C) to otherwise control the actions, policies, or
personnel decisions of the entity.
(b) Prohibition.--Not later than 60 days after the date of the
enactment of this Act, the President shall prohibit an entity owned or
controlled by a United States person and established or maintained
outside the United States from engaging in any transaction directly or
indirectly with the Government of Iran or any person subject to the
jurisdiction of that Government that would be prohibited by an order or
regulation issued pursuant to the International Emergency Economic
Powers Act (50 U.S.C. 1701 et seq.) if the transaction were engaged in
by a United States person or in the United States.
(c) Civil Penalty.--The civil penalties provided for in section
206(b) of the International Emergency Economic Powers Act (50 U.S.C.
1705(b)) shall apply to a United States person to the same extent that
such penalties apply to a person that commits an unlawful act described
in section 206(a) of that Act if an entity owned or controlled by the
United States person and established or maintained outside the United
States violates, attempts to violate, conspires to violate, or causes a
violation of any order or regulation issued to implement subsection
(b).
(d) Applicability.--Subsection (c) shall not apply with respect to
a transaction described in subsection (b) by an entity owned or
controlled by a United States person and established or maintained
outside the United States if the United States person divests or
terminates its business with the entity not later than the date that is
180 days after the date of the enactment of this Act.
SEC. 214. DISCLOSURES TO THE SECURITIES AND EXCHANGE COMMISSION
RELATING TO SANCTIONABLE ACTIVITIES.
(a) In General.--Section 13 of the Securities Exchange Act of 1934
(15 U.S.C. 78m) is amended by adding at the end the following new
subsection:
``(r) Disclosure of Certain Activities Relating to Iran.--
``(1) In general.--Each issuer required to file an annual
or quarterly report under subsection (a) shall disclose in that
report the information required by paragraph (2) if, during the
period covered by the report, the issuer or any affiliate of
the issuer--
``(A) knowingly engaged in an activity described in
section 5 of the Iran Sanctions Act of 1996 (Public Law
104-172; 50 U.S.C. 1701 note);
``(B) knowingly engaged in an activity described in
subsection (c)(2) of section 104 of the Comprehensive
Iran Sanctions, Accountability, and Divestment Act of
2010 (22 U.S.C. 8513) or a transaction described in
subsection (d)(1) of that section;
``(C) knowingly engaged in an activity described in
section 105A(b)(2) of that Act; or
``(D) knowingly conducted any transaction or
dealing with--
``(i) any person the property and interests
in property of which are blocked pursuant to
Executive Order 13224 (66 Fed. Reg. 49079;
relating to blocking property and prohibiting
transactions with persons who commit, threaten
to commit, or support terrorism);
``(ii) any person the property and
interests in property of which are blocked
pursuant to Executive Order 13382 (70 Fed. Reg.
38567; relating to blocking of property of
weapons of mass destruction proliferators and
their supporters); or
``(iii) any person identified under section
560.304 of title 31, Code of Federal
Regulations (relating to the definition of the
Government of Iran).
``(2) Information required.--If an issuer or an affiliate
of the issuer has engaged in any activity described in
paragraph (1), the issuer shall disclose a detailed description
of each such activity, including--
``(A) the nature and extent of the activity;
``(B) the gross revenues and net profits, if any,
attributable to the activity; and
``(C) whether the issuer or the affiliate of the
issuer (as the case may be) intends to continue the
activity.
``(3) Notice of disclosures.--If an issuer reports under
paragraph (1) that the issuer or an affiliate of the issuer has
knowingly engaged in any activity described in that paragraph,
the issuer shall separately file with the Commission,
concurrently with the annual or quarterly report under
subsection (a), a notice that the disclosure of that activity
has been included in that annual or quarterly report that
identifies the issuer and contains the information required by
paragraph (2).
``(4) Public disclosure of information.--Upon receiving a
notice under paragraph (3) that an annual or quarterly report
includes a disclosure of an activity described in paragraph
(1), the Commission shall promptly--
``(A) transmit the report to--
``(i) the President;
``(ii) the Committee on Foreign Affairs and
the Committee on Financial Services of the
House of Representatives; and
``(iii) the Committee on Foreign Relations
and the Committee on Banking, Housing, and
Urban Affairs of the Senate; and
``(B) make the information provided in the
disclosure and the notice available to the public by
posting the information on the Internet website of the
Commission.
``(5) Investigations.--Upon receiving a report under
paragraph (4) 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. 215. IDENTIFICATION OF, AND IMMIGRATION RESTRICTIONS ON, SENIOR
OFFICIALS OF THE GOVERNMENT OF IRAN AND THEIR FAMILY
MEMBERS.
(a) Identification.--Not later than 180 days after the date of the
enactment of this Act, and annually thereafter, the President shall
publish a list of each individual the President determines is--
(1) a senior official of the Government of Iran described
in subsection (b) that is involved in Iran's--
(A) illicit nuclear activities or proliferation of
weapons of mass destruction or delivery systems for
weapons of mass destruction;
(B) support for international terrorism; or
(C) commission of serious human rights abuses
against citizens of Iran or their family members; or
(2) a family member of such an official.
(b) Senior Officials of the Government of Iran Described.--A senior
official of the Government of Iran described in this subsection is any
senior official of that Government, including--
(1) the Supreme Leader of Iran, Ali Khamenei;
(2) the President of Iran, Mahmoud Ahmadinejad;
(3) a member of the Cabinet of the Government of Iran;
(4) a member of the Assembly of Experts;
(5) a senior member of the Intelligence Ministry of Iran;
or
(6) a member of Iran's Revolutionary Guard Corps with the
rank of brigadier general or higher, including a member of a
paramilitary organization such as Ansar-e-Hezbollah or Basij-e
Motaz'afin.
(c) Restrictions on Visas and Adjustments in Immigration Status.--
Except as provided in subsection (d), the Secretary of State and the
Secretary of Homeland Security may not grant an individual on the list
required by subsection (a) immigration status in, or admit the
individual to, the United States.
(d) 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.
(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 in the national
interest 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. 216. 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 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)).
(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 the 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.
SEC. 217. GOVERNMENT ACCOUNTABILITY OFFICE REPORT ON FOREIGN ENTITIES
THAT INVEST IN THE ENERGY SECTOR OF IRAN OR EXPORT
REFINED PETROLEUM PRODUCTS TO IRAN.
(a) Initial Report.--
(1) In general.--Not later than 180 days after the date of
the enactment of this Act, the Comptroller General of the
United States shall submit to the appropriate congressional
committees a report--
(A) listing all foreign investors in the energy
sector of Iran during the period specified in paragraph
(2), including--
(i) all entities that exported gasoline and
other refined petroleum products to Iran;
(ii) all entities involved in providing
refined petroleum products to Iran, including--
(I) entities that provided ships to
transport refined petroleum products to
Iran; and
(II) entities that provided
insurance or reinsurance for shipments
of refined petroleum products to Iran;
and
(iii) all entities involved in commercial
transactions of any kind, including joint
ventures anywhere in the world, with Iranian
energy companies; and
(B) identifying the countries in which gasoline and
other refined petroleum products exported to Iran
during the period specified in paragraph (2) were
produced or refined.
(2) Period specified.--The period specified in this
paragraph is the period beginning on January 1, 2006, and
ending on the date that is 150 days after the date of the
enactment of this Act.
(b) Updated Reports.--Not later than one year after submitting the
report required by subsection (a), and annually thereafter, the
Comptroller General of the United States shall submit to the
appropriate congressional committees a report containing the matters
required in the report under subsection (a)(1) for the one-year period
beginning on the date that is 30 days before the date on which the
preceding report was required to be submitted by this section.
SEC. 218. REPORTING ON THE IMPORTATION TO AND EXPORTATION FROM IRAN OF
CRUDE OIL AND REFINED PETROLEUM PRODUCTS.
Section 110(b) of the Comprehensive Iran Sanctions, Accountability,
and Divestment Act of 2010 (22 U.S.C. 8518(b)) is amended by striking
``a report containing the matters'' and all that follows through the
period at the end and inserting the following: ``a report, covering the
180-day period beginning on the date that is 30 days before the date on
which the preceding report was required to be submitted by this
section, that--
``(1) contains the matters required in the report under
subsection (a)(1); and
``(2) identifies--
``(A) the volume of crude oil and refined petroleum
products imported to and exported from Iran (including
through swaps and similar arrangements);
``(B) the persons selling and transporting crude
oil and refined petroleum products described in
subparagraph (A), the countries with primary
jurisdiction over those persons, and the countries in
which those products were refined;
``(C) the sources of financing for imports to Iran
of crude oil and refined petroleum products described
in subparagraph (A); and
``(D) the involvement of foreign persons in efforts
to assist Iran in--
``(i) developing upstream oil and gas
production capacity;
``(ii) importing advanced technology to
upgrade existing Iranian refineries;
``(iii) converting existing chemical plants
to petroleum refineries; or
``(iv) maintaining, upgrading, or expanding
refineries or constructing new refineries.''.
TITLE III--SANCTIONS WITH RESPECT TO IRAN'S REVOLUTIONARY GUARD CORPS
Subtitle A--Identification of, and Sanctions With Respect to,
Officials, Agents, Affiliates, and Supporters of Iran's Revolutionary
Guard Corps and Other Sanctioned Persons
SEC. 301. IDENTIFICATION OF, AND IMPOSITION OF SANCTIONS WITH RESPECT
TO, OFFICIALS, AGENTS, AND AFFILIATES OF IRAN'S
REVOLUTIONARY GUARD CORPS.
(a) In General.--Not later than 90 days after the date of the
enactment of this Act, and as appropriate thereafter, the President
shall--
(1) identify foreign persons that are officials, agents, or
affiliates of Iran's Revolutionary Guard Corps; and
(2) for each foreign person identified under paragraph (1)
that is not already designated for the imposition of sanctions
pursuant to the International Emergency Economic Powers Act (50
U.S.C. 1701 et seq.)--
(A) designate that foreign person for the
imposition of sanctions pursuant to that Act; and
(B) block and prohibit all transactions in all
property and interests in property of that foreign
person if such property and interests in property are
in the United States, come within the United States, or
are or come within the possession or control of a
United States person.
(b) Priority for Investigation.--In identifying foreign persons
pursuant to subsection (a)(1) as officials, agents, or affiliates of
Iran's Revolutionary Guard Corps, the President shall give priority to
investigating--
(1) foreign persons identified under section 560.304 of
title 31, Code of Federal Regulations (relating to the
definition of the Government of Iran); and
(2) foreign persons for which there is a reasonable basis
to find that the person has conducted or attempted to conduct
one or more sensitive transactions or activities described in
subsection (c).
(c) Sensitive Transactions and Activities Described.--A sensitive
transaction or activity described in this subsection is--
(1) a financial transaction or series of transactions
valued at more than $1,000,000 in the aggregate in any 12-month
period involving a non-Iranian financial institution;
(2) a transaction to facilitate the manufacture,
importation, exportation, or transfer of items needed for the
development by Iran of nuclear, chemical, biological, or
advanced conventional weapons, including ballistic missiles;
(3) a transaction relating to the manufacture, procurement,
or sale of goods, services, and technology relating to Iran's
energy sector, including a transaction relating to the
development of the energy resources of Iran, the exportation of
petroleum products from Iran, the importation of refined
petroleum to Iran, or the development of refining capacity
available to Iran;
(4) a transaction relating to the manufacture, procurement,
or sale of goods, services, and technology relating to Iran's
petrochemical sector; or
(5) a transaction relating to the procurement of sensitive
technologies (as defined in section 106(c) of the Comprehensive
Iran Sanctions, Accountability, and Divestment Act of 2010 (22
U.S.C. 8515(c))).
(d) Exclusion From United States.--
(1) In general.--Subject to paragraph (2), the Secretary of
State shall deny a visa to, and the Secretary of Homeland
Security shall exclude from the United States, any alien who,
on or after the date of the enactment of this Act, is a foreign
person designated pursuant to subsection (a) for the imposition
of sanctions pursuant to the International Emergency Economic
Powers Act (50 U.S.C. 1701 et seq.).
(2) Regulatory exceptions to comply with international
obligations.--The requirement to deny visas to and exclude
aliens from the United States pursuant to paragraph (1) shall
be subject to such regulations as the President may prescribe,
including regulatory exceptions to permit the United States to
comply with the Agreement between the United Nations and the
United States of America regarding the Headquarters of the
United Nations, signed June 26, 1947, and entered into force
November 21, 1947, and other applicable international
obligations.
(e) Waiver of Imposition of Sanctions.--
(1) In general.--The President may waive the application of
subsection (a)(2) or (d) with respect to a foreign person if
the President--
(A) determines that it is in the national security
interests of the United States to do so; and
(B) submits to the appropriate congressional
committees a report that--
(i) identifies the foreign person with
respect to which the waiver applies; and
(ii) sets forth the reasons for the
determination.
(2) Form of report.--A report submitted under paragraph
(1)(B) shall be submitted in unclassified form but may contain
a classified annex.
(f) Rule of Construction.--Nothing in this section shall be
construed to remove any sanction of the United States in force with
respect to Iran's Revolutionary Guard Corps as of the date of the
enactment of this Act.
SEC. 302. IDENTIFICATION OF, AND IMPOSITION OF SANCTIONS WITH RESPECT
TO, PERSONS THAT SUPPORT OR CONDUCT CERTAIN TRANSACTIONS
WITH IRAN'S REVOLUTIONARY GUARD CORPS OR OTHER SANCTIONED
PERSONS.
(a) Identification.--
(1) In general.--Not later than 90 days after the date of
the enactment of this Act, and every 180 days thereafter, the
President shall submit to the appropriate congressional
committees a report identifying foreign persons that the
President determines, on or after the date of the enactment of
this Act, knowingly--
(A) materially assist, sponsor, or provide
financial, material, or technological support for, or
goods or services in support of, Iran's Revolutionary
Guard Corps or any of its officials, agents, or
affiliates the property and interests in property of
which are blocked pursuant to the International
Emergency Economic Powers Act (50 U.S.C. 1701 et seq.);
(B) engage in a significant transaction or
transactions with Iran's Revolutionary Guard Corps or
any such official, agent, or affiliate; or
(C) engage in a significant transaction or
transactions with--
(i) a person subject to financial sanctions
pursuant to United Nations Security Council
Resolution 1737 (2006), 1747 (2007), 1803
(2008), or 1929 (2010), or any other resolution
that is adopted by the Security Council and
imposes sanctions with respect to Iran or
modifies such sanctions; or
(ii) a person acting on behalf of or at the
direction of, or owned or controlled by, a
person described in clause (i).
(2) Form of report.--A report submitted under paragraph (1)
shall be submitted in unclassified form but may contain a
classified annex.
(3) Barter transactions.--For purposes of paragraph (1),
the term ``transaction'' includes a barter transaction.
(b) Imposition of Sanctions.--If the President determines under
subsection (a)(1) that a foreign person has knowingly engaged in an
activity described in that subsection, the President--
(1) shall impose 3 or more of the sanctions described in
section 6(a) of the Iran Sanctions Act of 1996, as amended by
section 204 of this Act; and
(2) may impose additional sanctions pursuant to the
International Emergency Economic Powers Act (50 U.S.C. 1701 et
seq.) with respect to the person.
(c) Termination.--The President may terminate a sanction imposed
with respect to a foreign person pursuant to subsection (b) if the
President determines that the person--
(1) no longer engages in the activity for which the
sanction was imposed; and
(2) has provided assurances to the President that the
person will not engage in any activity described in subsection
(a)(1) in the future.
(d) Waiver of Imposition of Sanctions.--
(1) In general.--The President may waive the imposition of
sanctions under subsection (b) with respect to a foreign person
if the President--
(A)(i) determines that the person has ceased the
activity for which sanctions would otherwise be imposed
and has taken measures to prevent a recurrence of the
activity; or
(ii) determines that it is in the national security
interests of the United States to do so; and
(B) submits to the appropriate congressional
committees a report that--
(i) identifies the foreign person with
respect to which the waiver applies;
(ii) describes the activity that would
otherwise subject the foreign person to the
imposition of sanctions under subsection (b);
and
(iii) sets forth the reasons for the
determination.
(2) Form of report.--A report submitted under paragraph
(1)(B) shall be submitted in unclassified form but may contain
a classified annex.
(e) Waiver of Identifications and Designations.--Notwithstanding
any other provision of this subtitle and subject to paragraph (2), the
President shall not be required to make any identification of a foreign
person under subsection (a) or any identification or designation of a
foreign person under section 301(a) if the President--
(1) determines that doing so would cause damage to the
national security of the United States, including through the
divulgence of sources or methods of obtaining intelligence or
other critical classified information; and
(2) notifies the appropriate congressional committees of
the exercise of the authority provided under this subsection.
(f) Application of Provisions of Iran Sanctions Act of 1996.--The
following provisions of the Iran Sanctions Act of 1996, as amended by
this Act, apply with respect to the imposition under subsection (b)(1)
of sanctions relating to activities described in subsection (a)(1) to
the same extent that such provisions apply with respect to the
imposition of sanctions under section 5(a) of the Iran Sanctions Act of
1996:
(1) Subsections (c) and (e) of section 4.
(2) Subsections (c), (d), and (f) of section 5.
(3) Section 8.
(4) Section 9.
(5) Section 11.
(6) Section 12.
(7) Subsection (b) of section 13.
(8) Section 14.
SEC. 303. RULE OF CONSTRUCTION.
Nothing in this subtitle shall be construed to limit the authority
of the President to designate foreign persons for the imposition of
sanctions pursuant to the International Emergency Economic Powers Act
(50 U.S.C. 1701 et seq.).
Subtitle B--Additional Measures Relating to Iran's Revolutionary Guard
Corps
SEC. 311. EXPANSION OF PROCUREMENT PROHIBITION TO FOREIGN PERSONS THAT
ENGAGE IN CERTAIN TRANSACTIONS WITH IRAN'S REVOLUTIONARY
GUARD CORPS.
(a) In General.--Section 6(b)(1) of the Iran Sanctions Act of 1996
(Public Law 104-172; 50 U.S.C. 1701 note) is amended--
(1) by striking ``Not later than 90 days'' and inserting
the following:
``(A) Certifications relating to activities
described in section 5.--Not later than 90 days''; and
(2) by adding at the end the following:
``(B) Certifications relating to transactions with
iran's revolutionary guard corps.--Not later than 90
days after the date of the enactment of the Iran
Sanctions, Accountability, and Human Rights Act of
2012, the Federal Acquisition Regulation shall be
revised to require a certification from each person
that is a prospective contractor that the person, and
any person owned or controlled by the person, does not
knowingly engage in a significant transaction or
transactions with Iran's Revolutionary Guard Corps or
any of its officials, agents, or affiliates the
property and interests in property of which are blocked
pursuant to the International Emergency Economic Powers
Act (50 U.S.C. 1701 et seq.).''.
(b) Technical and Conforming Amendments.--
(1) Section 6(b) of the Iran Sanctions Act of 1996, as
amended by subsection (a), is further amended--
(A) in paragraph (1)(A), as redesignated, by
striking ``issued pursuant to section 25 of the Office
of Federal Procurement Policy Act (41 U.S.C. 421)'';
(B) in paragraph (2)--
(i) in subparagraph (A), by striking ``the
revision'' and inserting ``the applicable
revision''; and
(ii) in subparagraph (B), by striking
``issued pursuant to section 25 of the Office
of Federal Procurement Policy Act (41 U.S.C.
421)'';
(C) by striking paragraph (6) and inserting the
following:
``(6) Definitions.--In this subsection:
``(A) Executive agency.--The term `executive
agency' has the meaning given that term in section 133
of title 41, United States Code.
``(B) Federal acquisition regulation.--The term
`Federal Acquisition Regulation' means the regulation
issued pursuant to section 1303(a)(1) of title 41,
United States Code.''; and
(D) in paragraph (7)--
(i) by striking ``The revisions to the
Federal Acquisition Regulation required under
paragraph (1)'' and inserting the following:
``(A) Certifications relating to activities
described in section 5.--The revisions to the Federal
Acquisition Regulation required under paragraph
(1)(A)''; and
(ii) by adding at the end the following:
``(B) Certifications relating to transactions with
iran's revolutionary guard corps.--The revisions to the
Federal Acquisition Regulation required under paragraph
(1)(B) shall apply with respect to contracts for which
solicitations are issued on or after the date that is
90 days after the date of the enactment of the Iran
Sanctions, Accountability, and Human Rights Act of
2012.''.
(2) Section 101(3) of the Comprehensive Iran Sanctions,
Accountability, and Divestment Act of 2010 (22 U.S.C. 8511(3))
is amended by striking ``section 4 of the Office of Federal
Procurement Policy Act (41 U.S.C. 403)'' and inserting
``section 133 of title 41, United States Code''.
SEC. 312. DETERMINATIONS OF WHETHER THE NATIONAL IRANIAN OIL COMPANY
AND THE NATIONAL IRANIAN TANKER COMPANY ARE AGENTS OR
AFFILIATES OF IRAN'S REVOLUTIONARY GUARD CORPS.
(a) In General.--Section 104(c) of the Comprehensive Iran
Sanctions, Accountability, and Divestment Act of 2010 (22 U.S.C.
8513(c)) is amended by adding at the end the following:
``(4) Determinations regarding nioc and nitc.--
``(A) Determinations.--For purposes of paragraph
(2)(E)(i), the Secretary of the Treasury shall, not
later than 60 days after the date of the enactment of
the Iran Sanctions, Accountability, and Human Rights
Act of 2012--
``(i) determine whether the NIOC or the
NITC is an agent or affiliate of Iran's
Revolutionary Guard Corps; and
``(ii) submit to the appropriate
congressional committees a report on the
determinations made under clause (i), together
with the reasons for those determinations.
``(B) Form of report.--A report submitted under
subparagraph (A)(ii) shall be submitted in unclassified
form but may contain a classified annex.
``(C) Applicability with respect to petroleum
transactions.--
``(i) Application of sanctions.--Except as
provided in clause (ii), the regulations
prescribed under paragraph (1) shall apply to a
transaction for the purchase of petroleum or
petroleum products from, or to financial
services relating to such a transaction for,
the NIOC or the NITC on or after the date that
is 180 days after the date of the enactment of
the National Defense Authorization Act for
Fiscal Year 2012 (Public Law 112-81) only if
the President has determined, pursuant to
section 1245(d)(4)(B) of that Act, that there
is a sufficient supply of petroleum and
petroleum products produced in countries other
than Iran to permit purchasers of petroleum and
petroleum products from Iran to reduce
significantly in volume their purchases from
Iran.
``(ii) Exception for certain countries.--
The regulations prescribed under paragraph (1)
shall not apply to a foreign financial
institution that facilitates a significant
transaction or transactions for the purchase of
petroleum or petroleum products from, or that
provides significant financial services
relating to such a transaction for, the NIOC or
the NITC if the President determines and
reports to Congress, not later than 90 days
after the date on which the President makes the
determination required by section 1245(d)(4)(B)
of the National Defense Authorization Act for
Fiscal Year 2012, and every 180 days
thereafter, that the country with primary
jurisdiction over the foreign financial
institution has significantly reduced its
volume of crude oil purchases from Iran during
the period beginning on the date on which the
President submitted the last report with
respect to the country under this clause.
``(D) Definitions.--In this paragraph:
``(i) NIOC.--The term `NIOC' means the
National Iranian Oil Company.
``(ii) NITC.--The term `NITC' means the
National Iranian Tanker Company.''.
(b) Conforming Amendments.--Section 104(g) of the Comprehensive
Iran Sanctions, Accountability, and Divestment Act of 2010 (22 U.S.C.
8513(g)) is amended by striking ``subsection (c)(1)'' each place it
appears and inserting ``paragraph (1) or (4) of subsection (c)''.
TITLE IV--MEASURES RELATING TO HUMAN RIGHTS ABUSES IN IRAN
Subtitle A--Expansion of Sanctions Relating to Human Rights Abuses in
Iran
SEC. 401. FINDINGS.
Congress makes the following findings:
(1) The Government of Iran continues to violate
systematically the basic human rights of citizens of Iran,
including by cutting off their access to information and
technology, suppressing their freedom of expression, and
punishing severely, and sometimes brutally, their attempts to
exercise political rights.
(2) In a March 20, 2012, speech celebrating Nowruz, the
Iranian New Year, President Barack Obama described censorship
of the Internet and monitoring of computers and cell phones by
the Government of Iran as depriving the people of Iran of ``the
information they want [and] stopping the free flow of
information and ideas into the country''. The President
concluded that ``in recent weeks, Internet restrictions have
become so severe that Iranians cannot communicate freely with
their loved ones within Iran, or beyond its borders, [so that]
an electronic curtain has fallen around Iran.''.
(3) At a time when growing numbers of Iranians turn to the
Internet as a source for news and political debate, the
response of the Government of Iran has combined increasingly
pervasive jamming and filtering of the Internet, blocking of
email, social networking and other websites, and interception
of Internet, telephonic, and mail communications.
(4) The March 2012 Report of the United Nations Human
Rights Council Special Rapporteur on Iran details the
Government of Iran's widespread human rights abuses and
censorship, its chronic disregard of due process, and its
equally chronic harassment, abuse, and intimidation of the
people of Iran.
(5) There has been no independent investigation into the
months of violence that followed Iran's fraudulent 2009
presidential election, violence that included the beatings of
scores of Tehran University students by security forces using
weapons, such as chains, metal rods, and electrified batons,
and the subsequent imprisonment of many students, some of whom
died in captivity.
(6) The Government of Iran has failed to cooperate with
human rights investigations by the Special Rapporteur, and its
failure to cooperate in those and similar investigations has
been criticized in reports of the United Nations Secretary-
General, General Assembly, and Human Rights Council, even as
human rights abuses continue.
SEC. 402. SENSE OF CONGRESS.
It is the sense of Congress that--
(1) the Government of Iran, especially Iran's Revolutionary
Guard Corps, continues to engage in serious, systematic, and
ongoing violations of human rights and the rise in the level of
such violations after the 2009 presidential elections has not
abated;
(2) the Government of Iran is engaging in a systematic
campaign to prevent news, entertainment, and opinions from
reaching media that are not subject to government control and
to eliminate any free Internet or other electronic media
discussion among the people of Iran; and
(3) the Government of Iran has refused to cooperate with
international organizations, including the United Nations,
seeking to investigate or to alleviate those conditions.
SEC. 403. IMPOSITION OF SANCTIONS WITH RESPECT TO THE TRANSFER OF GOODS
OR TECHNOLOGIES TO IRAN THAT ARE LIKELY TO BE USED TO
COMMIT HUMAN RIGHTS ABUSES.
(a) In General.--The Comprehensive Iran Sanctions, Accountability,
and Divestment Act of 2010 (22 U.S.C. 8501 et seq.) is amended by
inserting after section 105 the following:
``SEC. 105A. IMPOSITION OF SANCTIONS WITH RESPECT TO THE TRANSFER OF
GOODS OR TECHNOLOGIES TO IRAN THAT ARE LIKELY TO BE USED
TO COMMIT HUMAN RIGHTS ABUSES.
``(a) In General.--The President shall impose sanctions in
accordance with subsection (c) with respect to each person on the list
required by subsection (b).
``(b) List.--
``(1) In general.--Not later than 90 days after the date of
the enactment of the Iran Sanctions, Accountability, and Human
Rights Act of 2012, the President shall submit to the
appropriate congressional committees a list of persons that the
President determines have knowingly engaged in an activity
described in paragraph (2) on or after such date of enactment.
``(2) Activity described.--
``(A) In general.--A person engages in an activity
described in this paragraph if the person--
``(i) transfers, or facilitates the
transfer of, goods or technologies described in
subparagraph (C) to Iran, 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 Sanctions, Accountability,
and Human Rights Act of 2012.
``(C) Goods or technologies described.--Goods or
technologies described in this subparagraph are goods
or technologies that the President determines are
likely to be used by the Government of Iran or any of
its agencies or instrumentalities (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. 404. IMPOSITION OF SANCTIONS WITH RESPECT TO PERSONS WHO ENGAGE IN
CENSORSHIP OR OTHER RELATED ACTIVITIES AGAINST CITIZENS
OF IRAN.
(a) In General.--The Comprehensive Iran Sanctions, Accountability,
and Divestment Act of 2010 (22 U.S.C. 8501 et seq.), as amended by
section 401, is further amended by inserting after section 105A the
following:
``SEC. 105B. IMPOSITION OF SANCTIONS WITH RESPECT TO PERSONS WHO ENGAGE
IN CENSORSHIP OR OTHER RELATED ACTIVITIES AGAINST
CITIZENS OF IRAN.
``(a) In General.--The President shall impose sanctions described
in section 105(c) with respect to each person on the list required by
subsection (b).
``(b) List of Persons Who Engage in Censorship.--
``(1) In general.--Not later than 90 days after the date of
the enactment of the Iran Sanctions, Accountability, and Human
Rights Act of 2012, the President shall submit to the
appropriate congressional committees a list of persons that the
President determines have, on or after June 12, 2009, engaged
in censorship or other activities 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 that
would jam or restrict an international signal or the
failure to prohibit intentional frequency manipulation
by the Government of Iran that would jam or restrict an
international signal by satellite service providers
that provide satellite services to the Government of
Iran or an entity owned or controlled by the Government
of Iran.
``(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.''.
(b) Clerical Amendment.--The table of contents for the
Comprehensive Iran Sanctions, Accountability, and Divestment Act of
2010, as amended by section 401, is further amended by inserting after
the item relating to section 105A the following:
``Sec. 105B. Imposition of sanctions with respect to persons who engage
in censorship or other related activities
against citizens of Iran.''.
(c) Conforming Amendments.--Section 401(b)(1) of the Comprehensive
Iran Sanctions, Accountability, and Divestment Act of 2010 (22 U.S.C.
8551(b)(1)) is amended--
(1) by inserting ``, 105A(a), or 105B(a)'' after
``105(a)''; and
(2) by inserting ``, 105A(b), or 105B(b)'' after
``105(b)''.
Subtitle B--Additional Measures to Promote Human Rights in Iran
SEC. 411. EXPEDITED CONSIDERATION OF REQUESTS FOR AUTHORIZATION OF
CERTAIN HUMAN RIGHTS-, HUMANITARIAN-, AND DEMOCRACY-
RELATED ACTIVITIES WITH RESPECT TO IRAN.
(a) Requirement.--The Office of Foreign Assets Control, in
consultation with the Department of State, shall establish an expedited
process for the consideration of complete requests for authorization to
engage in human rights-, humanitarian-, or democracy-related activities
relating to Iran that are submitted by--
(1) entities receiving funds from the Department of State
to engage in the proposed activity;
(2) the Broadcasting Board of Governors; and
(3) other appropriate agencies of the United States
Government.
(b) Procedures.--Requests for authorization under subsection (a)
shall be submitted to the Office of Foreign Assets Control in
conformance with the agency's regulations, including section 501.801 of
title 31, Code of Federal Regulations (commonly known as the Reporting,
Procedures and Penalties Regulations). Applicants must fully disclose
the parties to the transactions as well as describe the activities to
be undertaken. License applications involving the exportation or
reexportation of goods, technology, or software to Iran must provide a
copy of an official Commodity Classification issued by the Department
of Commerce, Bureau of Industry and Security, as part of the license
application.
(c) Foreign Policy Review.--The Department of State shall complete
a foreign policy review of a request for authorization under subsection
(a) not later than 30 days after the request is referred to the
Department by the Office of Foreign Assets Control.
(d) License Determinations.--License determinations for complete
requests for authorization under subsection (a) shall be made not later
than 90 days after receipt by the Office of Foreign Assets Control,
with the following exceptions:
(1) Any requests involving the exportation or reexportation
to Iran of goods, technology, or software listed on the
Commerce Control List maintained pursuant to part 774 of the
Export Administration Regulations shall be processed in a
manner consistent with the Iran-Iraq Arms Non-Proliferation Act
of 1992 (title XVI of Public Law 102-484) and other applicable
provisions of law.
(2) Any other requests presenting novel or extraordinary
circumstances.
(e) Regulations.--The Secretary of the Treasury may prescribe such
regulations as are appropriate to carry out this section.
SEC. 412. COMPREHENSIVE STRATEGY TO PROMOTE INTERNET FREEDOM AND ACCESS
TO INFORMATION IN IRAN.
Not later than 90 days after the date of the enactment of this Act,
the President shall submit to the appropriate congressional committees
a comprehensive strategy developed in consultation with the Department
of State, the Department of the Treasury, and other Federal agencies,
as appropriate, to--
(1) assist the people of Iran to produce, access, and share
information freely and safely via the Internet, including in
Farsi and regional languages;
(2) support the development of counter-censorship
technologies that enable the citizens of Iran to undertake
Internet activities without interference from the Government of
Iran;
(3) increase the capabilities and availability of secure
communications through connective technology among human rights
and democracy activists in Iran;
(4) provide resources for digital safety training for media
and academic and civil society organizations in Iran;
(5) provide accurate and substantive Internet content in
local languages in Iran;
(6) increase emergency resources for the most vulnerable
human rights advocates seeking to organize, share information,
and support human rights in Iran;
(7) expand surrogate radio, television, live stream, and
social network communications inside Iran, including Voice of
America's Persian News Network and Radio Free Europe/Radio
Liberty's Radio Farda, to provide hourly live news update
programming and breaking news coverage capability 24 hours a
day and 7 days a week;
(8) expand activities to safely assist and train human
rights, civil society, and democracy activists in Iran to
operate effectively and securely;
(9) identify and utilize all available resources to
overcome attempts by the Government of Iran to jam or otherwise
deny international satellite broadcasting signals; and
(10) expand worldwide United States embassy and consulate
programming for and outreach to Iranian dissident communities.
SEC. 413. SENSE OF CONGRESS ON POLITICAL PRISONERS.
It is the sense of Congress that--
(1) the Secretary of State should support efforts to
research and identify prisoners of conscience and cases of
human rights abuses in Iran;
(2) the United States Government should--
(A) offer refugee status or political asylum in the
United States to political dissidents in Iran if
requested and consistent with the laws and national
security interests of the United States; and
(B) offer to assist, through the United Nations
High Commissioner for Refugees, with the relocation of
such political prisoners to other countries if
requested, as appropriate and with appropriate
consideration for United States national security
interests; and
(3) the Secretary of State should publicly call for the
release of Iranian dissidents by name and raise awareness with
respect to individual cases of Iranian dissidents and prisoners
of conscience, as appropriate and if requested by the
dissidents or prisoners themselves or their families.
TITLE V--MISCELLANEOUS
SEC. 501. EXCLUSION OF CITIZENS OF IRAN SEEKING EDUCATION RELATING TO
THE NUCLEAR AND ENERGY SECTORS OF IRAN.
(a) In General.--The Secretary of State shall deny a visa to, and
the Secretary of Homeland Security shall exclude from the United
States, any alien who is a citizen of Iran that the Secretary of State
determines seeks to enter the United States to participate in
coursework at an institution of higher education (as defined in section
101(a) of the Higher Education Act of 1965 (20 U.S.C. 1001(a))) to
prepare the alien for a career in the energy sector of Iran or in
nuclear science or nuclear engineering or a related field in Iran.
(b) Applicability.--Subsection (a) applies with respect to visa
applications filed on or after the date of the enactment of this Act.
SEC. 502. TECHNICAL CORRECTION.
(a) In General.--Section 1245(d)(2) of the National Defense
Authorization Act for Fiscal Year 2012 (Public Law 112-81) is amended--
(1) in the paragraph heading, by inserting ``agricultural
commodities,'' after ``sales of''; and
(2) in the text, by inserting ``agricultural commodities,''
after ``sale of''.
(b) Effective Date.--The amendments made by subsection (a) shall
take effect as if included in the National Defense Authorization Act
for Fiscal Year 2012 (Public Law 112-81).
SEC. 503. INTERESTS IN CERTAIN FINANCIAL ASSETS OF IRAN.
(a) Interests in Blocked Assets.--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--
(1) property in the United States of a foreign securities
intermediary doing business in the United States,
(2) a blocked asset (whether or not subsequently unblocked)
that is property described in subsection (b), and
(3) 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 available for all attachments and other proceedings in aid of
execution, with respect to judgments entered against Iran for damages
for personal injury or death caused by an act of torture, extrajudicial
killing, aircraft sabotage, or hostage-taking, or the provision of
material support or resources for such an act.
(b) Property Described.--Property described in this subsection is
property that is 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).
(c) Rule of Construction.--Nothing in this section shall be
construed 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).
(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.
SEC. 504. REPORT ON MEMBERSHIP OF IRAN IN INTERNATIONAL ORGANIZATIONS.
Not later than 180 days after the date of the enactment of this
Act, and annually thereafter not later than September 1, the Secretary
of State shall submit to Congress a report listing the international
organizations of which Iran is a member and detailing the amount that
the United States contributes to each such organization on an annual
basis.
SEC. 505. INCREASED CAPACITY FOR EFFORTS TO COMBAT UNLAWFUL OR
TERRORIST FINANCING.
(a) Authorization of Appropriations for Office of Terrorism and
Financial Intelligence and Bureau of Industry and Security.--Section
109 of the Comprehensive Iran Sanctions, Accountability, and Divestment
Act of 2010 (22 U.S.C. 8517) is amended--
(1) in subsection (b)(2), by striking ``and 2013'' and
inserting ``through 2016''; and
(2) in subsection (d)(2), by striking ``and 2013'' and
inserting ``through 2016''.
(b) Authorization of Appropriations for Financial Crimes
Enforcement Network.--Section 310(d)(1) of title 31, United States
Code, is amended by striking ``and 2013'' and inserting ``through
2016''.
TITLE VI--GENERAL PROVISIONS
SEC. 601. TECHNICAL IMPLEMENTATION; PENALTIES.
(a) Implementation.--The President may exercise all authorities
provided under sections 203 and 205 of the International Emergency
Economic Powers Act (50 U.S.C. 1702 and 1704) to carry out--
(1) sections 211, 213, and 216, subtitle A of title III,
and title VII of this Act; and
(2) sections 105A and 105B of the Comprehensive Iran
Sanctions, Accountability, and Divestment Act of 2010, as added
by subtitle A of title IV of this Act.
(b) Penalties.--
(1) In general.--The penalties provided for in subsections
(b) and (c) of section 206 of the International Emergency
Economic Powers Act (50 U.S.C. 1705) shall apply to a person
that violates, attempts to violate, conspires to violate, or
causes a violation of a provision specified in paragraph (2) of
this subsection, or an order or regulation prescribed under
such a provision, to the same extent that such penalties apply
to a person that commits an unlawful act described in section
206(a) of that Act.
(2) Provisions specified.--The provisions specified in this
paragraph are the following:
(A) Sections 211 and 216, subtitle A of title III,
and title VII of this Act.
(B) Sections 105A and 105B of the Comprehensive
Iran Sanctions, Accountability, and Divestment Act of
2010, as added by subtitle A of title IV of this Act.
SEC. 602. APPLICABILITY TO CERTAIN INTELLIGENCE ACTIVITIES.
Nothing in this Act or the amendments made by this Act shall apply
to the authorized intelligence activities of the United States.
SEC. 603. 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. 604. TERMINATION.
The provisions of sections 211, 213, 215, 216, 217, and 501, title
I, and subtitle A of title III shall terminate on the date that is 30
days after the date on which the President makes the certification
described in section 401(a) of the Comprehensive Iran Sanctions,
Accountability, and Divestment Act of 2010 (22 U.S.C. 8551(a)).
TITLE VII--SANCTIONS WITH RESPECT TO HUMAN RIGHTS ABUSES IN SYRIA
SEC. 701. SHORT TITLE.
This title may be cited as the ``Syria Human Rights Accountability
Act of 2012''.
SEC. 702. IMPOSITION OF SANCTIONS WITH RESPECT TO CERTAIN PERSONS WHO
ARE RESPONSIBLE FOR OR COMPLICIT IN HUMAN RIGHTS ABUSES
COMMITTED AGAINST CITIZENS OF SYRIA OR THEIR FAMILY
MEMBERS.
(a) In General.--The President shall impose sanctions described in
subsection (c) with respect to each person on the list required by
subsection (b).
(b) List of Persons Who Are Responsible for or Complicit in Certain
Human Rights Abuses.--
(1) In general.--Not later than 90 days after the date of
the enactment of this Act, the President shall submit to the
appropriate congressional committees a list of persons who are
officials of the Government of Syria or persons acting on
behalf of that Government that the President determines, based
on credible evidence, are responsible for or complicit in, or
responsible for ordering, controlling, or otherwise directing,
the commission of serious human rights abuses against citizens
of Syria or their family members, regardless of whether such
abuses occurred in Syria.
(2) Updates of list.--The President shall submit to the
appropriate congressional committees an updated list under
paragraph (1)--
(A) not later than 270 days after the date of the
enactment of this Act and every 180 days thereafter;
and
(B) as new information becomes available.
(3) Form of report; public availability.--
(A) Form.--The list required by paragraph (1) shall
be submitted in unclassified form but may contain a
classified annex.
(B) Public availability.--The unclassified portion
of the list required by paragraph (1) shall be made
available to the public and posted on the websites of
the Department of the Treasury and the Department of
State.
(4) Consideration of data from other countries and
nongovernmental organizations.--In preparing the list required
by paragraph (1), the President shall consider credible data
already obtained by other countries and nongovernmental
organizations, including organizations in Syria, that monitor
the human rights abuses of the Government of Syria.
(c) Sanctions Described.--The sanctions described in this
subsection are sanctions pursuant to the International Emergency
Economic Powers Act (50 U.S.C. 1701 et seq.), including blocking of
property and restrictions or prohibitions on financial transactions and
the exportation and importation of property, subject to such
regulations as the President may prescribe.
SEC. 703. IMPOSITION OF SANCTIONS WITH RESPECT TO THE TRANSFER OF GOODS
OR TECHNOLOGIES TO SYRIA THAT ARE LIKELY TO BE USED TO
COMMIT HUMAN RIGHTS ABUSES.
(a) In General.--The President shall impose sanctions described in
section 702(c) with respect to--
(1) each person on the list required by subsection (b); and
(2) any person that--
(A) is a successor entity to a person on the list;
(B) owns or controls a person on the list, if the
person that owns or controls the person on the list had
actual knowledge or should have known that the person
on the list engaged in the activity described in
subsection (b)(2) for which the person was included in
the list; or
(C) is owned or controlled by, or under common
ownership or control with, the person on the list, if
the person owned or controlled by, or under common
ownership or control with (as the case may be), the
person on the list knowingly engaged in the activity
described in subsection (b)(2) for which the person was
included in the list.
(b) List.--
(1) In general.--Not later than 90 days after the date of
the enactment of this Act, the President shall submit to the
appropriate congressional committees a list of persons that the
President determines have knowingly engaged in an activity
described in paragraph (2) on or after such date of enactment.
(2) Activity described.--
(A) In general.--A person engages in an activity
described in this paragraph if the person--
(i) transfers, or facilitates the transfer
of, goods or technologies described in
subparagraph (C) to Syria; or
(ii) provides services with respect to
goods or technologies described in subparagraph
(C) after such goods or technologies are
transferred to Syria.
(B) Applicability to contracts and other
agreements.--A person engages in an activity described
in subparagraph (A) without regard to whether the
activity is carried out pursuant to a contract or other
agreement entered into before, on, or after the date of
the enactment of this Act.
(C) Goods or technologies described.--Goods or
technologies described in this subparagraph are goods
or technologies that the President determines are
likely to be used by the Government of Syria or any of
its agencies or instrumentalities to commit human
rights abuses against the people of Syria, including--
(i) firearms or ammunition (as those terms
are defined in section 921 of title 18, United
States Code), rubber bullets, police batons,
pepper or chemical sprays, stun grenades,
electroshock weapons, tear gas, water cannons,
or surveillance technology; or
(ii) sensitive technology.
(D) Sensitive technology defined.--
(i) In general.--For purposes of
subparagraph (C), the term ``sensitive
technology'' means hardware, software,
telecommunications equipment, or any other
technology, that the President determines is to
be used specifically--
(I) to restrict the free flow of
unbiased information in Syria; or
(II) to disrupt, monitor, or
otherwise restrict speech of the people
of Syria.
(ii) Exception.--The term ``sensitive
technology'' does not include information or
informational materials the exportation of
which the President does not have the authority
to regulate or prohibit pursuant to section
203(b)(3) of the International Emergency
Economic Powers Act (50 U.S.C. 1702(b)(3)).
(3) Special rule to allow for termination of sanctionable
activity.--The President shall not be required to include a
person on the list required by paragraph (1) if the President
certifies in writing to the appropriate congressional
committees that--
(A) the person is no longer engaging in, or has
taken significant verifiable steps toward stopping, the
activity described in paragraph (2) for which the
President would otherwise have included the person on
the list; and
(B) the President has received reliable assurances
that the person will not knowingly engage in any
activity described in paragraph (2) in the future.
(4) Updates of list.--The President shall submit to the
appropriate congressional committees an updated list under
paragraph (1)--
(A) not later than 270 days after the date of the
enactment of this Act and every 180 days thereafter;
and
(B) as new information becomes available.
(5) Form of report; public availability.--
(A) Form.--The list required by paragraph (1) shall
be submitted in unclassified form but may contain a
classified annex.
(B) Public availability.--The unclassified portion
of the list required by paragraph (1) shall be made
available to the public and posted on the websites of
the Department of the Treasury and the Department of
State.
SEC. 704. IMPOSITION OF SANCTIONS WITH RESPECT TO PERSONS WHO ENGAGE IN
CENSORSHIP OR OTHER FORMS OF REPRESSION IN SYRIA.
(a) In General.--The President shall impose sanctions described in
section 702(c) with respect to each person on the list required by
subsection (b).
(b) List of Persons Who Engage in Censorship.--
(1) In general.--Not later than 90 days after the date of
the enactment of this Act, the President shall submit to the
appropriate congressional committees a list of persons that the
President determines have engaged in censorship, or activities
relating to censorship, in a manner that prohibits, limits, or
penalizes the legitimate exercise of freedom of expression by
citizens of Syria.
(2) Updates of list.--The President shall submit to the
appropriate congressional committees an updated list under
paragraph (1)--
(A) not later than 270 days after the date of the
enactment of this Act and every 180 days thereafter;
and
(B) as new information becomes available.
(3) Form of report; public availability.--
(A) Form.--The list required by paragraph (1) shall
be submitted in unclassified form but may contain a
classified annex.
(B) Public availability.--The unclassified portion
of the list required by paragraph (1) shall be made
available to the public and posted on the websites of
the Department of the Treasury and the Department of
State.
SEC. 705. WAIVER.
The President may waive the requirement to include a person on a
list required by section 702, 703, or 704 or to impose sanctions
pursuant to any such section if the President--
(1) determines that such a waiver is in the national
security interests of the United States; and
(2) submits to the appropriate congressional committees a
report on the reasons for that determination.
SEC. 706. TERMINATION.
(a) In General.--The provisions of this title and any sanctions
imposed pursuant to this title shall terminate on the date on which the
President submits to the appropriate congressional committees--
(1) the certification described in subsection (b); and
(2) a certification that--
(A) the Government of Syria is democratically
elected and representative of the people of Syria; or
(B) a legitimate transitional government of Syria
is in place.
(b) Certification Described.--A certification described in this
subsection is a certification by the President that the Government of
Syria--
(1) has unconditionally released all political prisoners;
(2) has ceased its practices of violence, unlawful
detention, torture, and abuse of citizens of Syria engaged in
peaceful political activity;
(3) has ceased its practice of procuring sensitive
technology designed to restrict the free flow of unbiased
information in Syria, or to disrupt, monitor, or otherwise
restrict the right of citizens of Syria to freedom of
expression;
(4) has ceased providing support for foreign terrorist
organizations and no longer allows such organizations,
including Hamas, Hezbollah, and Palestinian Islamic Jihad, to
maintain facilities in territory under the control of the
Government of Syria; and
(5) has ceased the development and deployment of medium-
and long-range surface-to-surface ballistic missiles;
(6) is not pursuing or engaged in the research,
development, acquisition, production, transfer, or deployment
of biological, chemical, or nuclear weapons, and has provided
credible assurances that it will not engage in such activities
in the future; and
(7) has agreed to allow the United Nations and other
international observers to verify that the Government of Syria
is not engaging in such activities and to assess the
credibility of the assurances provided by that Government.
(c) Suspension of Sanctions After Election of Democratic
Government.--If the President submits to the appropriate congressional
committees the certification described in subsection (a)(2), the
President may suspend the provisions of this title and any sanctions
imposed under this title for not more than one year to allow time for a
certification described in subsection (b) to be submitted.
Attest:
Secretary.
112th CONGRESS
2d Session
H.R. 1905
_______________________________________________________________________
AMENDMENT