[Congressional Bills 112th Congress]
[From the U.S. Government Publishing Office]
[S. 1472 Introduced in Senate (IS)]

112th CONGRESS
  1st Session
                                S. 1472

To impose sanctions on persons making certain investments that directly 
and significantly contribute to the enhancement of the ability of Syria 
      to develop its petroleum resources, and for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             August 2, 2011

 Mrs. Gillibrand (for herself, Mr. Kirk, and Mr. Lieberman) introduced 
the following bill; which was read twice and referred to the Committee 
                 on Banking, Housing, and Urban Affairs

_______________________________________________________________________

                                 A BILL


 
To impose sanctions on persons making certain investments that directly 
and significantly contribute to the enhancement of the ability of Syria 
      to develop its petroleum resources, and for other purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Syria Sanctions Act of 2011''.

SEC. 2. FINDINGS.

    Congress makes the following findings:
            (1) On December 12, 2003, the President signed the Syria 
        Accountability and Lebanese Sovereignty Restoration Act of 2003 
        (Public Law 108-175; 22 U.S.C. 2151 note) in order to hold the 
        Government of Syria accountable for its actions.
            (2) Current law in the United States prohibits the 
        Government of Syria from receiving assistance from the United 
        States because it has repeatedly provided support for acts of 
        international terrorism, as determined by the Secretary of 
        State for purposes of section 6(j)(1) of the Export 
        Administration Act of 1979 (50 U.S.C. App. 2405(j)(1)) (as in 
        effect pursuant to the International Emergency Economic Powers 
        Act (50 U.S.C. 1701 et seq.)) and other related statutes.
            (3) On April 29, 2011, the President issued additional 
        sanctions with respect to Syria, stating that, ``the Government 
        of Syria's human rights abuses, including those related to the 
        repression of the people of Syria, manifested most recently by 
        the use of violence and torture against, and arbitrary arrests 
        and detentions of, peaceful protestors by police, security 
        forces, and other entities that have engaged in human rights 
        abuses, constitute an unusual and extraordinary threat to the 
        national security, foreign policy, and economy of the United 
        States''.
            (4) On July 31, 2011, President Obama made the following 
        statement: ``I am appalled by the Syrian government's use of 
        violence and brutality against its own people. The reports out 
        of Hama are horrifying and demonstrate the true character of 
        the Syrian regime. Once again, President Assad has shown that 
        he is completely incapable and unwilling to respond to the 
        legitimate grievances of the Syrian people. His use of torture, 
        corruption and terror puts him on the wrong side of history and 
        his people. Through his own actions, Bashar al-Assad is 
        ensuring that he and his regime will be left in the past, and 
        that the courageous Syrian people who have demonstrated in the 
        streets will determine its future. Syria will be a better place 
        when a democratic transition goes forward. In the days ahead, 
        the United States will continue to increase our pressure on the 
        Syrian regime, and work with others around the world to isolate 
        the Assad government and stand with the Syrian people.''.
            (5) The Government of Syria, led by President Bashar al-
        Assad, responded to protests by launching a violent crackdown, 
        committing human rights abuses, and violating its international 
        obligations, including the International Covenant on Civil and 
        Political Rights and the United Nations Convention against 
        Torture and Other Cruel, Inhuman or Degrading Treatment or 
        Punishment, done at New York December 10, 1984.
            (6) On April 15, 2011, Christof Heyns, the United Nations 
        Special Rapporteur on extrajudicial, summary, or arbitrary 
        executions, stated that live ammunition has been used by the 
        Government of Syria against demonstrators ``in clear violation 
        of international law''.
            (7) Independent international organizations, including 
        Amnesty International and Human Rights Watch, have documented 
        evidence that peaceful protestors detained by security forces 
        of the Government of Syria are being subjected to torture, 
        including with electroshock devices, cables, sticks, and whips, 
        and are being held in overcrowded cells, deprived of sleep, 
        food, and water for days at a time.
            (8) Human Rights Watch reported on June 1, 2011, that 
        ``[s]ystematic killings and torture by Syrian security forces 
        in the city of Daraa since protests began there on March 18, 
        2011, strongly suggest that these qualify as crimes against 
        humanity''.
            (9) The Associated Press reported on July 19, 2011, that 
        forces of the Government of Syria shot at a funeral in Homs, 
        killing as many as 10 people.
            (10) Reports suggest that between 1,400 and 1,600 civilians 
        have been killed, and Syrian human rights groups report that 
        more than 10,000 Syrian protestors have been arrested.
            (11) As of June 18, 2011, a human rights association 
        estimated that there were approximately 8,500 Syrian refugees 
        in Lebanon.
            (12) As of July 30, 2011, the United Nations High 
        Commissioner for Refugees stated that there were approximately 
        7,000 Syrian refugees in Turkey.
            (13) Supporters of President Bashar al-Assad attacked the 
        embassies of the United States and France on July 11, 2011, 
        following demonstrations sanctioned by the Government of Syria 
        outside the embassy of the United States from July 8 to 9, 
        2011.
            (14) On May 6, 2011, envoys of the 27 nations of the 
        European Union agreed to impose sanctions on the Government of 
        Syria for the human rights abuses it is perpetrating, including 
        asset freezes and visa bans on 13 members of the Government of 
        Syria and an arms embargo on the country.
            (15) On June 29, 2011, the Department of the Treasury 
        sanctioned the chief and deputy chief of Iran's national police 
        and the head of the Syrian Air Force Intelligence for providing 
        support to the Government of Syria in engaging in human rights 
        abuses.
            (16) On April 29, 2011, the United Nations Human Rights 
        Council passed Resolution S-16/1, which condemns the Government 
        of Syria for its human rights abuses and establishes a mandate 
        for an international inquiry led by the United Nations Office 
        of the High Commissioner for Human Rights to investigate all 
        alleged violations of international human rights law in Syria 
        ``with a view to avoiding impunity and ensuring full 
        accountability''.
            (17) The transfer of weapons by the Government of Syria to 
        Hezbollah in Lebanon is in violation of United Nations Security 
        Council Resolution 1701 (2006), which established an arms 
        embargo requiring all countries to prevent the supply of arms 
        and weapons to militias and terrorists in Lebanon.
            (18) The Government of Syria has violated the territorial 
        integrity and sovereignty of Lebanon in contravention of United 
        Nations Security Council resolutions, including Resolution 425 
        (1978), Resolution 520 (1982), and Resolution 1701 (2006).
            (19) Syria, as a party to the Treaty on the Non-
        Proliferation of Nuclear Weapons done at Washington, London, 
        and Moscow July 1, 1968, and entered into force March 5, 1970 
        (commonly known as the ``Nuclear Non-Proliferation Treaty''), 
        is legally bound to declare all its nuclear activity to the 
        International Atomic Energy Agency and to place such activity 
        under the monitoring of that agency.
            (20) The Unclassified Report to Congress on the Acquisition 
        of Technology Relating to Weapons of Mass Destruction and 
        Advanced Conventional Munitions for the year 2010, submitted by 
        the Deputy Director of National Intelligence for Analysis, 
        declared that ``[w]e assess the reactor [at Dair Alzour] would 
        have been capable of producing plutonium for nuclear weapons. 
        The covert nature of the program, the characteristics of the 
        reactor, and Syria's extreme efforts to deny and destroy 
        evidence of the reactor after its destruction are inconsistent 
        with peaceful nuclear applications''.
            (21) On June 9, 2011, the International Atomic Energy 
        Agency referred Syria to the United Nations Security Council 
        with a resolution that expressed ``serious concern'' about 
        ``Syria's lack of cooperation'', highlighted the history of the 
        Government of Syria of concealing nuclear activities, and noted 
        that ``the resulting absence of confidence that Syria's nuclear 
        program is exclusively for peaceful purposes have given rise to 
        concerns regarding the maintenance of international peace and 
        security''.
            (22) The 2009 Country Reports on Terrorism of the 
        Department of State declared that ``Syria continue[s] to 
        provide safe-haven as well as political and other support to a 
        number of designated Palestinian terrorist groups, including 
        HAMAS, Palestinian Islamic Jihad (PIJ), and the Popular Front 
        for the Liberation of Palestine-General Command (PFLP-GC)''.
            (23) That report noted that the ``operational leadership'' 
        of those terrorist groups and others is ``headquartered or 
        sheltered in Damascus'' and that the Government of Syria 
        ``allows terrorist groups resident in its territory to receive 
        and ship goods, including weapons, in and out of the country. 
        Additionally, the Syrian government provided diplomatic, 
        political and material support to Hizballah in Lebanon and 
        allowed Iran to supply this organization with weapons. Weapons 
        flow from Iran through Syria, and directly from Syria, to 
        Hizballah despite UN Security Council resolution 1701 of 2006, 
        which imposes an arms embargo on Lebanon except with the 
        consent of the Lebanese government . . . Syria has maintained 
        its ties with its strategic ally, and fellow state sponsor of 
        terrorism, Iran.''.
            (24) That report also stated that the existence of foreign 
        fighter facilitation networks in Syria for entry into Iraq, 
        ``remains troubling'' and noted that ``Syria has long provided 
        sanctuary and political support for certain former Iraqi regime 
        elements''.
            (25) On May 15, 2011, according to the Department of State, 
        attempts to cross the Israel border near the Golan Heights were 
        ``an effort by the Syrian Government to play a destabilizing 
        role. [I]t's clearly an effort by them to take focus off the 
        situation that's happening right now in Syria, and it's a 
        cynical use of the Palestinian cause to encourage violence 
        along its border as it continues to repress its own people 
        within Syria.''.
            (26) According to the International Monetary Fund, 
        approximately 25 percent of the revenue of the Government of 
        Syria comes from the oil sector.
            (27) The Government of Syria remains highly dependent on 
        energy revenues, even as Syria's petroleum production has 
        largely declined in recent years due to diminishing reserves 
        and limited refining capacity.

SEC. 3. DEFINITIONS.

    In this Act:
            (1) Appropriate congressional committees.--The term 
        ``appropriate congressional committees'' means--
                    (A) the Committee on Financial Services and the 
                Committee on Foreign Affairs of the House of 
                Representatives; and
                    (B) the Committee on Banking, Housing, and Urban 
                Affairs and the Committee on Foreign Relations of the 
                Senate.
            (2) Component part.--The term ``component part'' has the 
        meaning given that term in section 11A(e)(1) of the Export 
        Administration Act of 1979 (50 U.S.C. App. 2410a(e)(1)) (as in 
        effect pursuant to the International Emergency Economic Powers 
        Act (50 U.S.C. 1701 et seq.)).
            (3) Develop and development.--The terms ``develop'' and 
        ``development'', with respect to petroleum resources, have the 
        meanings given those terms in section 14 of the Iran Sanctions 
        of 1996 (Public Law 104-172; 50 U.S.C. 1701 note).
            (4) Financial institution.--The term ``financial 
        institution'' has the meaning given that term in section 14 of 
        the Iran Sanctions of 1996 (Public Law 104-172; 50 U.S.C. 1701 
        note).
            (5) Finished product.--The term ``finished product'' has 
        the meaning given that term in section 11A(e)(2) of the Export 
        Administration Act of 1979 (50 U.S.C. App. 2410a(e)(2)) (as in 
        effect pursuant to the International Emergency Economic Powers 
        Act (50 U.S.C. 1701 et seq.)).
            (6) Foreign person.--The term ``foreign person'' means an 
        individual or entity that is not a United States person.
            (7) Good and technology.--The terms ``good'' and 
        ``technology'' have the meanings given those terms in section 
        16 of the Export Administration Act of 1979 (50 U.S.C. App. 
        2415) (as in effect pursuant to the International Emergency 
        Economic Powers Act (50 U.S.C. 1701 et seq.)).
            (8) Investment.--
                    (A) In general.--The term ``investment'' means any 
                of the following activities:
                            (i) The entry into an agreement described 
                        in subparagraph (B) that includes 
                        responsibility for the development of the 
                        petroleum resources of Syria.
                            (ii) The entry into an agreement providing 
                        for the general supervision and guarantee of 
                        the performance of an agreement described in 
                        clause (i) by another person.
                            (iii) The purchase, pursuant to an 
                        agreement described in subparagraph (B), of a 
                        share of ownership, including an equity 
                        interest, in the development of petroleum 
                        resources described in clause (i).
                            (iv) The entry into an agreement described 
                        in subparagraph (B) providing for the 
                        participation in royalties, earnings, or 
                        profits in the development of petroleum 
                        resources described in clause (i), without 
                        regard to the form of the participation.
                            (v) The entry into, performance, or 
                        financing of an agreement described in 
                        subparagraph (B) to sell or purchase goods, 
                        services, or technology related to the 
                        development of petroleum resources described in 
                        clause (i).
                    (B) Agreement described.--An agreement described in 
                this subparagraph is an agreement with the Government 
                of Syria or a person located in Syria that is entered 
                into or modified on or after the date of the enactment 
                of this Act.
            (9) 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).
            (10) Person.--The term ``person'' 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).
            (11) Petroleum resources.--The term ``petroleum resources'' 
        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).
            (12) Refined petroleum products.--The term ``refined 
        petroleum products'' means gasoline, jet fuel (including 
        naphtha-type and kerosene-type jet fuel), and aviation 
        gasoline.
            (13) Syria.--The term ``Syria'' includes any agency or 
        instrumentality of Syria and any entity owned or controlled by 
        the Government of Syria.
            (14) United states financial institution.--The term 
        ``United States financial institution'' means a financial 
        institution that is a United States person.
            (15) United states person.--The term ``United States 
        person'' means--
                    (A) a United States citizen or an alien lawfully 
                admitted for permanent residence to the United States; 
                and
                    (B) an entity organized under the laws of the 
                United States or of any jurisdiction within the United 
                States, including a foreign branch of such an entity.

SEC. 4. IMPOSITION OF SANCTIONS.

    (a) Sanctions With Respect to the Petroleum Resources and Sovereign 
Debt of Syria.--
            (1) Development of petroleum resources of syria.--
                    (A) In general.--Except as provided in subsection 
                (c), the President shall impose 3 or more of the 
                sanctions described in section 5(a) with respect to a 
                person if the President determines that the person 
                knowingly, on or after the date of the enactment of 
                this Act--
                            (i) makes an investment described in 
                        subparagraph (B) of $20,000,000 or more;
                            (ii) makes a combination of investments 
                        described in subparagraph (B) in a 12-month 
                        period if each such investment is of at least 
                        $5,000,000 and such investments equal or exceed 
                        $20,000,000 in the aggregate; or
                            (iii) sells, leases, or provides to Syria 
                        goods, services, technology, information, or 
                        support described in subparagraph (C)--
                                    (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) Investment described.--An investment described 
                in this subparagraph is an investment that directly and 
                significantly contributes to the enhancement of Syria's 
                ability to develop petroleum resources.
                    (C) Goods, services, technology, information, or 
                support described.--Goods, services, technology, 
                information, or support described in this subparagraph 
                are goods, services, technology, information, or 
                support that could directly and significantly 
                contribute to the enhancement of Syria's ability to 
                develop petroleum resources.
            (2) Production of refined petroleum products.--
                    (A) In general.--Except as provided in subsection 
                (c), the President shall impose 3 or more of the 
                sanctions described in section 5(a) with respect to a 
                person if the President determines that the person 
                knowingly, on or after the date of the enactment of 
                this Act, sells, leases, or provides to Syria goods, 
                services, technology, information, 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, information, or 
                support described.--Goods, services, technology, 
                information, or support described in this subparagraph 
                are goods, services, technology, information, or 
                support that could directly and significantly 
                facilitate the maintenance or expansion of Syria's 
                domestic production of refined petroleum products, 
                including any direct and significant assistance with 
                respect to the construction, modernization, or repair 
                of--
                            (i) petroleum refineries or associated 
                        infrastructure; or
                            (ii) port facilities, railroads, or roads, 
                        if the primary use of those facilities, 
                        railroads, or roads is to support the 
                        transportation of refined petroleum products.
            (3) Exportation of refined petroleum products to syria.--
                    (A) In general.--Except as provided in subsection 
                (c), the President may impose 3 or more of the 
                sanctions described in section 5(a) with respect to a 
                person if the President determines that the person 
                knowingly, on or after the date of the enactment of 
                this Act--
                            (i) sells or provides to Syria refined 
                        petroleum products--
                                    (I) that have 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; or
                            (ii) sells, leases, or provides to Syria 
                        goods, services, technology, information, 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, information, or 
                support described.--Goods, services, technology, 
                information, or support described in this subparagraph 
                are goods, services, technology, information, or 
                support that could directly and significantly 
                contribute to the enhancement of Syria's ability to 
                import refined petroleum products, including--
                            (i) except as provided in subparagraph (C), 
                        underwriting or entering into a contract to 
                        provide insurance or reinsurance for the sale, 
                        lease, or provision of such goods, services, 
                        technology, information, or support;
                            (ii) financing or brokering such sale, 
                        lease, or provision; or
                            (iii) providing ships or shipping services 
                        to deliver refined petroleum products to Syria.
                    (C) Exception for underwriters and insurance 
                providers exercising due diligence.--The President may 
                not impose sanctions under this paragraph with respect 
                to a person that provides underwriting services or 
                insurance or reinsurance if the President determines 
                that the person has exercised due diligence in 
                establishing and enforcing official policies, 
                procedures, and controls to ensure that the person does 
                not underwrite or enter into a contract to provide 
                insurance or reinsurance for the sale, lease, or 
                provision of goods, services, technology, information, 
                or support described in subparagraph (B).
            (4) Exportation of petroleum resources developed by 
        syria.--
                    (A) In general.--Except as provided in subsection 
                (c), the President shall impose 3 or more of the 
                sanctions described in section 5(a) with respect to a 
                person if the President determines that the person 
                knowingly, on or after the date of the enactment of 
                this Act, purchases, including by entering into a long-
                term contract for the purchase of, petroleum resources 
                developed by Syria or provides services described in 
                subparagraph (B) with respect to the exportation of 
                petroleum resources to be refined or otherwise 
                processed outside of Syria if--
                            (i) the Government of Syria was involved in 
                        the development or sale of the petroleum 
                        resources in Syria; and
                            (ii)(I) the fair market value of the 
                        petroleum resources is $1,000,000 or more; or
                            (II) during a 12-month period, the 
                        aggregate fair market value of the petroleum 
                        resources is $5,000,000 or more.
                    (B) Services described.--The services described in 
                this subparagraph are--
                            (i) refining or otherwise processing 
                        petroleum resources;
                            (ii) the provision of ships or shipping 
                        services; or
                            (iii) except as provided in subparagraph 
                        (C), financing, brokering, underwriting, or 
                        entering into a contract to provide insurance 
                        or reinsurance.
                    (C) Exception for underwriters and insurance 
                providers exercising due diligence.--The President may 
                not impose sanctions under this paragraph with respect 
                to a person that provides underwriting services or 
                insurance or reinsurance if the President determines 
                that the person has exercised due diligence in 
                establishing and enforcing official policies, 
                procedures, and controls to ensure that the person does 
                not underwrite or enter into a contract to provide 
                insurance or reinsurance with respect to the 
                exportation of petroleum resources in violation of 
                subparagraph (A).
            (5) Purchase of sovereign debt.--Except as provided in 
        subsection (c), the President shall impose 3 or more of the 
        sanctions described in section 5(a) with respect to a person if 
        the President determines that the person knowingly, on or after 
        the date of the enactment of this Act, purchases, subscribes 
        to, or facilitates the issuance of sovereign debt of the 
        Government of Syria for the purpose of directly and 
        significantly--
                    (A) contributing to the enhancement of Syria's 
                ability to develop petroleum resources;
                    (B) facilitating the maintenance or expansion of 
                Syria's domestic production of refined petroleum 
                products;
                    (C) contributing to the enhancement of Syria's 
                ability to import refined petroleum products; or
                    (D) contributing to the enhancement of Syria's 
                ability to export petroleum resources.
    (b) Persons Against Which the Sanctions Are To Be Imposed.--
            (1) In general.--The sanctions described in subsection (a) 
        shall be imposed on--
                    (A) any person the President determines has carried 
                out the activities described in subsection (a); and
                    (B) any person that--
                            (i) is a successor entity to the person 
                        referred to in paragraph (1);
                            (ii) 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) 
                        engaged in the activities referred to in that 
                        paragraph; or
                            (iii) 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 activities referred to 
                        in that paragraph.
            (2) Sanctioned person defined.--In this Act, the term 
        ``sanctioned person'' means any person described in paragraph 
        (1).
    (c) Exceptions.--The President shall not be required to apply or 
maintain the sanctions under subsection (a)--
            (1) in the case of procurement of defense articles or 
        defense services--
                    (A) under existing contracts or subcontracts, 
                including the exercise of options for production 
                quantities to satisfy requirements essential to the 
                national security interests of the United States;
                    (B) if the President determines in writing that the 
                person to which the sanctions would otherwise be 
                applied is a sole source supplier of the defense 
                articles or services, that the defense articles or 
                services are essential, and that alternative sources 
                are not readily or reasonably available; or
                    (C) if the President determines in writing that 
                such articles or services are essential to the national 
                security interests of the United States under defense 
                coproduction agreements;
            (2) in the case of procurement, to eligible products, as 
        defined in section 308(4) of the Trade Agreements Act of 1979 
        (19 U.S.C. 2518(4)), of any foreign country or instrumentality 
        designated under section 301(b) of that Act (19 U.S.C. 
        2511(b));
            (3) to products, technology, or services provided under 
        contracts entered into before the date on which the President 
        publishes in the Federal Register the name of the person on 
        which the sanctions are to be imposed;
            (4) to--
                    (A) spare parts that are essential to United States 
                products or production;
                    (B) component parts, but not finished products, 
                essential to United States products or production; or
                    (C) routine servicing and maintenance of products, 
                to the extent that alternative sources are not readily 
                or reasonably available;
            (5) to information and technology essential to United 
        States products or production; or
            (6) to medicines, medical supplies, or other humanitarian 
        items.

SEC. 5. DESCRIPTION OF SANCTIONS.

    (a) In General.--The sanctions to be imposed on a sanctioned person 
under section 4 are as follows:
            (1) Export-import bank assistance for exports to sanctioned 
        persons.--The President may direct the Export-Import Bank of 
        the United States not to approve any financing (including any 
        guarantee, insurance, extension of credit, or participation in 
        the extension of credit) in connection with the export of any 
        goods or services to any sanctioned person.
            (2) Export sanction.--The President may order the United 
        States Government not to issue any specific license and not to 
        grant any other specific permission or authority to export any 
        goods or technology to a sanctioned person under--
                    (A) the Export Administration Act of 1979 (50 
                U.S.C. App. 2401 et seq.) (as in effect pursuant to the 
                International Emergency Economic Powers Act (50 U.S.C. 
                1701 et seq.));
                    (B) the Arms Export Control Act (22 U.S.C. 2751 et 
                seq.);
                    (C) the Atomic Energy Act of 1954 (42 U.S.C. 2011 
                et seq.); or
                    (D) any other law that requires the prior review 
                and approval of the United States Government as a 
                condition for the export or reexport of goods or 
                services.
            (3) Loans from united states financial institutions.--The 
        United States Government may prohibit any United States 
        financial institution from making loans or providing credits to 
        any sanctioned person totaling more than $10,000,000 in any 12-
        month period unless that person is engaged in activities to 
        relieve human suffering and the loans or credits are provided 
        for such activities.
            (4) Prohibitions on financial institutions.--
                    (A) In general.--The following prohibitions may be 
                imposed against a sanctioned person that is a financial 
                institution:
                            (i) Prohibition on designation as primary 
                        dealer.--Neither the Board of Governors of the 
                        Federal Reserve System nor the Federal Reserve 
                        Bank of New York may designate, or permit the 
                        continuation of any prior designation of, such 
                        financial institution as a primary dealer in 
                        United States Government debt instruments.
                            (ii) Prohibition on service as a repository 
                        of government funds.--Such financial 
                        institution may not serve as agent of the 
                        United States Government or serve as repository 
                        for United States Government funds.
                    (B) Clarification.--The imposition of either 
                sanction under clause (i) or (ii) of subparagraph (A) 
                shall be treated as 1 sanction for purposes of section 
                4, and the imposition of both such sanctions shall be 
                treated as 2 sanctions for purposes of section 4.
            (5) Procurement sanction.--The United States Government may 
        not procure, or enter into any contract for the procurement of, 
        any goods or services from a sanctioned person.
            (6) Foreign exchange.--The President may, pursuant to such 
        regulations as the President may prescribe, prohibit any 
        transactions in foreign exchange that are subject to the 
        jurisdiction of the United States and in which a sanctioned 
        person has any interest.
            (7) Banking transactions.--The President may, pursuant to 
        such regulations as the President may prescribe, prohibit any 
        transfers of credit or payments between financial institutions 
        or by, through, or to any financial institution, to the extent 
        that such transfers or payments are subject to the jurisdiction 
        of the United States and involve any interest of the sanctioned 
        person.
            (8) Property transactions.--The President may, pursuant to 
        such regulations as the President may prescribe, prohibit any 
        person from--
                    (A) acquiring, holding, withholding, using, 
                transferring, withdrawing, transporting, importing, or 
                exporting any property that is subject to the 
                jurisdiction of the United States and with respect to 
                which the sanctioned person has any interest;
                    (B) dealing in or exercising any right, power, or 
                privilege with respect to such property; or
                    (C) conducting any transaction involving such 
                property.
            (9) Additional sanctions.--The President may impose 
        sanctions, as appropriate, to restrict imports with respect to 
        a sanctioned person, in accordance with the International 
        Emergency Economic Powers Act (50 U.S.C. 1701 et seq.).
    (b) Additional Measure Relating to Government Contracts.--
            (1) Modification of federal acquisition regulation.--Not 
        later than 90 days after the date of the enactment of this Act, 
        the Federal Acquisition Regulation issued pursuant to section 
        1303(a)(1) of title 41, United States Code, 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 engage in any activity for which 
        sanctions may be imposed under section 4.
            (2) Remedies.--
                    (A) Termination, debarment, or suspension.--
                            (i) In general.--If the head of an 
                        executive agency determines that a person has 
                        submitted a false certification under paragraph 
                        (1) on or after the date on which the revision 
                        of the Federal Acquisition Regulation required 
                        by this subsection becomes effective, the head 
                        of that executive agency shall--
                                    (I) terminate a contract with such 
                                person; or
                                    (II) debar or suspend such person 
                                from eligibility for Federal contracts 
                                for a period of not more than 3 years.
                            (ii) Procedure.--Any debarment or 
                        suspension shall be subject to the procedures 
                        that apply to debarment and suspension under 
                        the Federal Acquisition Regulation issued 
                        pursuant to section 1303(a)(1) of title 41, 
                        United States Code.
                    (B) Inclusion on list of parties excluded from 
                federal procurement and nonprocurement programs.--The 
                Administrator of General Services shall include on the 
                List of Parties Excluded from Federal Procurement and 
                Nonprocurement Programs maintained by the Administrator 
                under part 9 of the Federal Acquisition Regulation 
                issued pursuant to section 1303(a)(1) of title 41, 
                United States Code, each person that is debarred, 
                suspended, or proposed for debarment or suspension by 
                the head of an executive agency on the basis of a 
                determination of a false certification under 
                subparagraph (A).
            (3) Clarification regarding certain products.--The remedies 
        set forth in paragraph (2) shall not apply with respect to the 
        procurement of eligible products, as defined in section 308(4) 
        of the Trade Agreements Act of 1979 (19 U.S.C. 2518(4)), of any 
        foreign country or instrumentality designated under section 
        301(b) of that Act (19 U.S.C. 2511(b)).
            (4) Rule of construction.--This subsection shall not be 
        construed to limit the use of other remedies available to the 
        head of an executive agency or any other official of the 
        Federal Government on the basis of a determination of a false 
        certification under paragraph (1).
            (5) Waivers.--The President may on a case-by-case basis 
        waive the requirement that a person make a certification under 
        paragraph (1) if the President determines and certifies in 
        writing to the appropriate congressional committees, the 
        Committee on Armed Services of the Senate, and the Committee on 
        Armed Services of the House of Representatives, that it is in 
        the national interest of the United States to do so.
            (6) Executive agency defined.--In this subsection, the term 
        ``executive agency'' has the meaning given that term in section 
        133 of title 41, United States Code.
            (7) Applicability.--The revisions to the Federal 
        Acquisition Regulation required under paragraph (1) 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 this Act.

SEC. 6. ADVISORY OPINIONS.

    (a) Issuance of Advisory Opinions.--The Secretary of State may, 
upon the request of any person, issue an advisory opinion to that 
person with respect to whether a proposed activity by that person would 
subject that person to sanctions under this Act.
    (b) Reliance on Advisory Opinions.--Any person who relies in good 
faith on an advisory opinion issued under subsection (a) that states 
that a proposed activity would not subject a person to sanctions under 
this Act, and any person who thereafter engages in that activity, shall 
not be subject to such sanctions on account of that activity.

SEC. 7. DURATION OF SANCTIONS.

    (a) Delay of Sanctions.--
            (1) Consultations.--If the President makes a determination 
        described in section 4 with respect to a foreign person, 
        Congress urges the President to initiate consultations 
        immediately with the government with primary jurisdiction over 
        that foreign person with respect to the imposition of sanctions 
        under this Act.
            (2) Delay for consultation.--In order to pursue 
        consultations under paragraph (1) with the government that has 
        primary jurisdiction over the foreign person that is the 
        subject of the President's determination under that paragraph, 
        the President may delay the imposition of sanctions under this 
        Act with respect to that foreign person for not more than 90 
        days.
            (3) Imposition of sanctions.--After completing 
        consultations with a government under paragraph (1) with 
        respect to a person, or on the date that is 90 days after the 
        initiation of such consultations (whichever is earlier), the 
        President shall immediately impose sanctions unless the 
        President determines and certifies to the appropriate 
        congressional committees that the government has taken specific 
        and effective actions, including, as appropriate, the 
        imposition of appropriate penalties and to terminate the 
        involvement of the foreign person in the activities that 
        resulted in the determination by the President to impose 
        sanctions under section 4 with respect to that person.
    (b) Duration of Sanctions.--
            (1) In general.--Except as provided in paragraphs (2) and 
        (3), a sanction imposed under section 4 shall remain in effect 
        until the date that is 2 years after the date on which the 
        sanction is imposed.
            (2) Early termination.--
                    (A) In general.--If the President makes a 
                certification described in subparagraph (B) with 
                respect to a person, the President may terminate a 
                sanction imposed on that person under this Act on or 
                after the date that is 1 year after the date on which 
                the sanction is imposed.
                    (B) Certification described.--A certification 
                described in this subparagraph is a certification by 
                the President to Congress that--
                            (i) a person on which a sanction is imposed 
                        under this Act is no longer engaging in any 
                        activity for which sanctions may be imposed 
                        under this Act; and
                            (ii) the President has received reliable 
                        assurances that the person will not knowingly 
                        engage in any such activity in the future.

SEC. 8. PRESIDENTIAL WAIVER.

    The President may, on a case-by-case basis, waive for one 12-month 
period the requirement under section 4 to impose sanctions with respect 
to a person, if the President certifies to the appropriate 
congressional committees not less than 30 days before the waiver is to 
take effect that the waiver is important to the national security 
interests of the United States.

SEC. 9. TERMINATION OF SANCTIONS.

    (a) In General.--The requirement to impose sanctions and any 
sanctions imposed under section 4 shall terminate on the date on which 
the President submits to the appropriate congressional committees--
            (1) the certification described in section 5(d) of the 
        Syria Accountability and Lebanese Sovereignty Restoration Act 
        of 2003 (Public Law 108-175; 22 U.S.C. 2151 note); and
            (2) a certification that the Government of Syria is 
        democratically elected and representative of the people of 
        Syria.
    (b) Suspension of Sanctions After Election of Democratic 
Government.--The requirement to impose sanctions and any sanctions 
imposed under section 4 shall be suspended for not more than 1 year, in 
order to allow time for a certification under subsection (a)(1) to be 
submitted, if the President submits a certification under subsection 
(a)(2).

SEC. 10. DETERMINATIONS NOT REVIEWABLE.

    A determination to impose sanctions under this Act shall not be 
reviewable in any court.

SEC. 11. EXCLUSION OF CERTAIN ACTIVITIES.

    Nothing in this Act shall apply to any activities subject to the 
reporting requirements of title V of the National Security Act of 1947 
(50 U.S.C. 413 et seq.).
                                 <all>