1.This Act may be cited as
the Syria Sanctions Act of
2011
.
2.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.
3.In this Act:
(1)Appropriate
congressional committeesThe 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)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)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)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)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)The term foreign person means an individual
or entity that is not a United States person.
(7)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)
(A)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)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)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)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)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 productsThe term refined petroleum
products means gasoline, jet fuel (including naphtha-type and
kerosene-type jet fuel), and aviation gasoline.
(13)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 institutionThe term United States financial
institution means a financial institution that is a United States
person.
(15)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.
4.
(a)Sanctions with
respect to the petroleum resources and sovereign debt of Syria
(1)Development of
petroleum resources of Syria
(A)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)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 describedGoods,
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)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 describedGoods,
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)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 describedGoods,
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 diligenceThe
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)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)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 diligenceThe 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 debtExcept 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)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 definedIn this Act, the term sanctioned
person means any person described in paragraph (1).
(c)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.
5.
(a)The sanctions to be imposed on a sanctioned person under
section 4 are as follows:
(1)Export-Import
Bank assistance for exports to sanctioned personsThe 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)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 institutionsThe 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)The following prohibitions may be imposed against a
sanctioned person that is a financial institution:
(i)Prohibition on
designation as primary dealerNeither 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 fundsSuch financial
institution may not serve as agent of the United States Government or serve as
repository for United States Government funds.
(B)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)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)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)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)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)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 regulationNot 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)
(A)Termination,
debarment, or suspension
(i)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)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
programsThe 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 productsThe 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)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)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)In this subsection, the term executive
agency has the meaning given that term in section 133 of title 41,
United States Code.
(7)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.
6.
(a)Issuance of
advisory opinionsThe 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 opinionsAny 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.
7.
(a)
(1)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)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)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)
(1)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)
(A)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)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.
8.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.
9.
(a)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 governmentThe 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).
10.Determinations
not reviewableA determination
to impose sanctions under this Act shall not be reviewable in any court.
11.Exclusion of
certain activitiesNothing 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.).