[Congressional Bills 113th Congress]
[From the U.S. Government Publishing Office]
[S. 1714 Introduced in Senate (IS)]

113th CONGRESS
  1st Session
                                S. 1714

To impose sanctions with respect to Syria, to expand existing sanctions 
             with respect to Syria, and for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                           November 14, 2013

  Mr. Blumenthal (for himself, Ms. Ayotte, Mr. Cornyn, and Mr. Casey) 
introduced the following bill; which was read twice and referred to the 
            Committee on Banking, Housing, and Urban Affairs

_______________________________________________________________________

                                 A BILL


 
To impose sanctions with respect to Syria, to expand existing sanctions 
             with respect to Syria, 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; TABLE OF CONTENTS.

    (a) Short Title.--This Act may be cited as the ``Syria Sanctions 
Enhancement Act of 2013''.
    (b) Table of Contents.--The table of contents for this Act is as 
follows:

Sec. 1. Short title; table of contents.
Sec. 2. Definitions.
 TITLE I--IMPOSITION OF SANCTIONS WITH RESPECT TO SENIOR OFFICIALS OF 
 THE GOVERNMENT OF SYRIA AND PERSONS THAT CONDUCT CERTAIN TRANSACTIONS 
                               WITH SYRIA

Sec. 101. Imposition of sanctions with respect to senior officials of 
                            the Government of Syria.
Sec. 102. Imposition of penalties with respect to United States persons 
                            that conduct certain transactions with 
                            respect to Syria.
Sec. 103. Applicability to contracts and other agreements.
TITLE II--MODIFICATION OF SANCTIONS WITH RESPECT TO HUMAN RIGHTS ABUSES 
                                IN SYRIA

Sec. 201. Modification of list of persons responsible for or complicit 
                            in human rights abuses committed against 
                            citizens of Syria or their family members.
Sec. 202. Modification of 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.
   TITLE III--IMPOSITION OF SANCTIONS TO PREVENT THE DEVELOPMENT OF 
                     WEAPONS CAPABILITIES OF SYRIA

Sec. 301. Declaration of policy.
Sec. 302. Multilateral regime.
Sec. 303. Imposition of sanctions with respect to development of 
                            weapons of mass destruction or other 
                            military capabilities by Syria.
Sec. 304. Imposition of sanctions with respect to exportation of 
                            defense articles to Syria.
Sec. 305. Additional mandatory sanctions relating to transfer of 
                            nuclear technology.
Sec. 306. Imposition of sanctions with respect to provision of training 
                            to military or paramilitary forces of the 
                            Government of Syria.
Sec. 307. Imposition of sanctions with respect to exportation of 
                            refined petroleum products to Syria.
Sec. 308. Sanctioned persons.
Sec. 309. Waiver.
Sec. 310. Description of sanctions.
Sec. 311. Additional measure relating to government contracts.
      TITLE IV--IMPOSITION OF SANCTIONS WITH RESPECT TO FINANCIAL 
      INSTITUTIONS THAT ENGAGE IN CERTAIN TRANSACTIONS WITH SYRIA

Sec. 401. Imposition of sanctions with respect to financial 
                            institutions that engage in certain 
                            transactions with Syria.
                      TITLE V--GENERAL PROVISIONS

Sec. 501. Report on military capabilities of Government of Syria.
Sec. 502. Reports on identification of Syrian assets.
Sec. 503. Termination of sanctions.

SEC. 2. DEFINITIONS.

    In this Act:
            (1) Account; correspondent account; payable-through 
        account.--The terms ``account'', ``correspondent account'', and 
        ``payable-through account'' have the meanings given those terms 
        in section 5318A of title 31, United States Code.
            (2) Agricultural commodity.--The term ``agricultural 
        commodity'' has the meaning given that term in section 102 of 
        the Agricultural Trade Act of 1978 (7 U.S.C. 5602).
            (3) Appropriate congressional committees.--The term 
        ``appropriate congressional committees'' means--
                    (A) the Committee on Banking, Housing, and Urban 
                Affairs and the Committee on Foreign Relations of the 
                Senate; and
                    (B) the Committee on Financial Services and the 
                Committee on Foreign Affairs of the House of 
                Representatives.
            (4) 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.)).
            (5) 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).
            (6) 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.)).
            (7) Foreign financial institution; domestic financial 
        institution.--The terms ``foreign financial institution'' and 
        ``domestic financial institution'' shall have the meanings of 
        those terms as determined by the Secretary of the Treasury.
            (8) Foreign person.--The term ``foreign person'' means an 
        individual or entity that is not a United States person.
            (9) 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.)).
            (10) Government of syria.--The term ``Government of 
        Syria''--
                    (A) means the Government of Syria on the date of 
                the enactment of this Act, including any agency or 
                instrumentality of that Government, any entity 
                controlled by that Government, and the Central Bank of 
                Syria; and
                    (B) does not include a successor government of 
                Syria.
            (11) Knowingly.--The term ``knowingly'', with respect to 
        conduct, a circumstance, or a result, means that a person has 
        actual knowledge, or should have known, of the conduct, the 
        circumstance, or the result.
            (12) Medical device.--The term ``medical device'' has the 
        meaning given the term ``device'' in section 201 of the Federal 
        Food, Drug, and Cosmetic Act (21 U.S.C. 321).
            (13) Medicine.--The term ``medicine'' has the meaning given 
        the term ``drug'' in section 201 of the Federal Food, Drug, and 
        Cosmetic Act (21 U.S.C. 321).
            (14) Money laundering.--The term ``money laundering'' means 
        the movement of illicit cash or cash equivalent proceeds into, 
        out of, or through a country, or into, out of, or through a 
        financial institution.
            (15) Person.--The term ``person'' means an individual or 
        entity.
            (16) Services.--The term ``services'' includes software, 
        hardware, financial, professional consulting, engineering, and 
        specialized energy information services, energy-related 
        technical assistance, and maintenance and repairs.
            (17) Successor government of syria.--The term ``successor 
        government of Syria'' means a successor government to the 
        Government of Syria that is recognized as the legitimate 
        governing authority of Syria by the Government of the United 
        States.
            (18) 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.

 TITLE I--IMPOSITION OF SANCTIONS WITH RESPECT TO SENIOR OFFICIALS OF 
 THE GOVERNMENT OF SYRIA AND PERSONS THAT CONDUCT CERTAIN TRANSACTIONS 
                               WITH SYRIA

SEC. 101. IMPOSITION OF SANCTIONS WITH RESPECT TO SENIOR OFFICIALS OF 
              THE GOVERNMENT OF SYRIA.

    (a) Identification of Persons.--
            (1) In general.--Not later than 60 days after the date of 
        the enactment of this Act, and every 60 days thereafter, the 
        President shall submit to the appropriate congressional 
        committees a list of persons the President determines--
                    (A) are senior officials of the Government of 
                Syria;
                    (B) have provided support to or received support 
                from a senior official of that Government;
                    (C) has acted or purported to act, directly or 
                indirectly, for or on behalf of a senior official of 
                that Government; or
                    (D) is owned or controlled, directly or indirectly, 
                by a senior official of that Government.
            (2) Senior officials.--In making the determination required 
        by paragraph (1)(A), the President shall consider the following 
        individuals to be senior officials of the Government of Syria:
                    (A) President Bashar al-Assad.
                    (B) The Vice President of that Government.
                    (C) Any member of the cabinet of that Government.
                    (D) The head or heads of the National Progressive 
                Front.
                    (E) Any senior leader of--
                            (i) the Syrian Arab Army;
                            (ii) the Syrian Arab Navy;
                            (iii) the Syrian Arab Air Force;
                            (iv) the Syrian Arab Air Defense Force; or
                            (v) any other military or paramilitary 
                        force that has taken up arms on behalf of that 
                        Government.
            (3) Support to or from senior officials.--In making the 
        determination required by paragraph (1)(B), the President shall 
        consider the following persons to have provided support to or 
        received support from a senior official of the Government of 
        Syria:
                    (A) Any person that has materially assisted, 
                sponsored, or provided goods, services, or financial, 
                material, or technological support to or for the 
                benefit of an individual the President has determined 
                under paragraph (1)(A) to be a senior official of that 
                Government.
                    (B) Any person that has received any funds, goods, 
                or services from an individual the President has 
                determined under paragraph (1)(A) to be a senior 
                official of that Government.
    (b) Blocking of Property.--The President shall block and prohibit 
any transaction in property and interests in property of any person on 
the list required by subsection (a)(1) 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.
    (c) Humanitarian Exception.--The President may not impose sanctions 
under this section with respect to any person for the provision of 
agricultural commodities, food, medicine, or medical devices to Syria 
or the provision of humanitarian assistance to the people of Syria.
    (d) Exception for Support To Dismantle Chemical Weapons Program.--
The President may not impose sanctions under this section with respect 
to any person for the provision of support in the process of 
dismantling the chemical weapons program of Syria.
    (e) Waiver.--
            (1) In general.--The President may waive the imposition of 
        sanctions under this section for a period of not more than 180 
        days, and may renew that waiver for additional periods of not 
        more than 90 days, if the President--
                    (A) determines that such a waiver is vital to the 
                national security of the United States; and
                    (B) submits to the appropriate congressional 
                committees a report providing a justification for the 
                waiver.
            (2) Form of report.--Each report submitted under paragraph 
        (1)(B) shall be submitted in unclassified form, but may include 
        a classified annex.

SEC. 102. IMPOSITION OF PENALTIES WITH RESPECT TO UNITED STATES PERSONS 
              THAT CONDUCT CERTAIN TRANSACTIONS WITH RESPECT TO SYRIA.

    (a) 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 the same extent that such penalties 
apply to a person that commits an unlawful act described in section 
206(a) of that Act, to a United States person that--
            (1) violates, attempts to violate, conspires to violate, or 
        causes a violation of section 101 or regulations prescribed 
        under section 101;
            (2) conducts investment activities in Syria on or after the 
        date of the enactment of this Act;
            (3) exports, reexports, sells, or supplies, directly or 
        indirectly, a service from the United States to the Government 
        of Syria;
            (4) conducts a transaction with respect to petroleum or 
        petroleum products of Syrian origin; or
            (5) approves, finances, facilitates, or guarantees a 
        transaction by a foreign person that would be prohibited under 
        this section if conducted by a United States person.
    (b) Investment Activities Defined.--In this section, the term 
``investment activities'' means--
            (1) an investment of more than $100 in the aggregate in the 
        economy of Syria in--
                    (A) the financial or banking sector;
                    (B) the military or defense sector;
                    (C) the law enforcement sector; or
                    (D) the energy sector; or
            (2) a transfer of any amount to Bashar al-Assad or any 
        person acting or purporting to act, directly or indirectly, for 
        or on behalf of Bashar al-Assad.

SEC. 103. APPLICABILITY TO CONTRACTS AND OTHER AGREEMENTS.

    The blocking of property under section 101(b) and the penalties 
under section 102 shall apply to contracts or other agreements entered 
into on or after December 1, 2013.

TITLE II--MODIFICATION OF SANCTIONS WITH RESPECT TO HUMAN RIGHTS ABUSES 
                                IN SYRIA

SEC. 201. MODIFICATION OF LIST OF PERSONS RESPONSIBLE FOR OR COMPLICIT 
              IN HUMAN RIGHTS ABUSES COMMITTED AGAINST CITIZENS OF 
              SYRIA OR THEIR FAMILY MEMBERS.

    (a) In General.--Section 702(b)(1) of the Iran Threat Reduction and 
Syria Human Rights Act of 2012 (22 U.S.C. 8791(b)(1)) is amended to 
read as follows:
            ``(1) In general.--Not later than 120 days after the date 
        of the enactment of the Syria Sanctions Enhancement Act of 
        2013, the President shall submit to the appropriate 
        congressional committees a list of the following persons:
                    ``(A) Any person that the President determines, 
                based on credible evidence, is responsible for or 
                complicit in, or responsible for ordering, controlling, 
                or otherwise directing, the commission of serious human 
                rights abuses, including repression, against citizens 
                of Syria or their family members, regardless of whether 
                those abuses occurred in Syria.
                    ``(B) A senior official or senior officer of a 
                person described in subparagraph (A).
                    ``(C) Any person that has materially assisted, 
                sponsored, or provided goods, services, or financial, 
                material, or technological support to a person--
                            ``(i) described in subparagraph (A); or
                            ``(ii) with respect to which sanctions have 
                        been imposed pursuant to Executive Order 13338 
                        or Executive Order 13460 (50 U.S.C. 1701 note; 
                        relating to blocking property of certain 
                        persons and prohibiting the export of certain 
                        goods to Syria).
                    ``(D) Any person owned or controlled, directly or 
                indirectly, by a person with respect to which sanctions 
                have been imposed pursuant to Executive Order 13460.
                    ``(E) Any person acting or purporting to act, 
                directly or indirectly, for or on behalf of a person 
                with respect to which sanctions have been imposed 
                pursuant to Executive Order 13460.''.
    (b) Update.--Section 702(b)(2) of the Iran Threat Reduction and 
Syria Human Rights Act of 2012 (22 U.S.C. 8791(b)(2)) is amended by 
striking ``enactment of this Act'' and inserting ``enactment of the 
Syria Sanctions Enhancement Act of 2013''.
    (c) Transition Rule.--The President shall submit any list required 
to be submitted before the date that is 120 days after the date of the 
enactment of this Act by subsection (b) of section 702 of the Iran 
Threat Reduction and Syria Human Rights Act of 2012 (22 U.S.C. 8791), 
as in effect on the day before such date of enactment, in accordance 
with the provisions of such section 702.

SEC. 202. MODIFICATION OF 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) Persons Against Which Sanctions Are Imposed.--Section 703(a)(2) 
of the Iran Threat Reduction and Syria Human Rights Act of 2012 (22 
U.S.C. 8792(a)(2)) is amended--
            (1) in subparagraph (B), by striking ``; or'' and inserting 
        a semicolon;
            (2) in subparagraph (C), by striking the period at the end 
        and inserting a semicolon; and
            (3) by adding at the end the following:
                    ``(D) has acted for or on behalf of a person on the 
                list, if the person that acted for or on behalf of the 
                person on the list knowingly engaged in the activity 
                described in subsection (b)(2) for which the person was 
                included in the list; or
                    ``(E) has materially assisted, sponsored, or 
                provided goods, services, or financial, material, or 
                technological support to a person on the list, if the 
                person that assisted, sponsored, or provided goods, 
                services, or support 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.''.
    (b) Activity Described.--Section 703(b)(2)(A) of the Iran Threat 
Reduction and Syria Human Rights Act of 2012 (22 U.S.C. 8792(b)(2)(A)) 
is amended--
            (1) in clause (i), by striking ``; or'' and inserting a 
        semicolon;
            (2) in clause (ii), by striking the period at the end and 
        inserting ``; or''; and
            (3) by adding at the end the following:
                            ``(iii) operates or directs the operation 
                        of goods or technologies described in 
                        subparagraph (C)(ii).''.
    (c) Submission Date.--Section 703(b)(1) of the Iran Threat 
Reduction and Syria Human Rights Act of 2012 (22 U.S.C. 8792(b)(1)) is 
amended by striking ``enactment of this Act'' and inserting ``enactment 
of the Syria Sanctions Enhancement Act of 2013''.
    (d) Update.--Section 703(b)(4) of the Iran Threat Reduction and 
Syria Human Rights Act of 2012 (22 U.S.C. 8792(b)(4)) is amended by 
striking ``enactment of this Act'' and inserting ``enactment of the 
Syria Sanctions Enhancement Act of 2013''.
    (e) Transition Rule.--The President shall submit any list required 
to be submitted before the date that is 120 days after the date of the 
enactment of this Act by section 703 of the Iran Threat Reduction and 
Syria Human Rights Act of 2012 (22 U.S.C. 8792), as in effect on the 
day before such date of enactment, in accordance with the provisions of 
such section 703.

   TITLE III--IMPOSITION OF SANCTIONS TO PREVENT THE DEVELOPMENT OF 
                     WEAPONS CAPABILITIES OF SYRIA

SEC. 301. DECLARATION OF POLICY.

    It is the policy of the United States to prevent the massacre of 
the people of Syria by denying the Government of Syria the ability to 
develop and obtain weapons of mass destruction and conventional weapons 
and to use those and other weapons against the people of Syria.

SEC. 302. MULTILATERAL REGIME.

    (a) Multilateral Negotiations.--In order to further the objective 
of section 301, Congress urges the President to commence immediately 
diplomatic efforts, both in appropriate international fora such as the 
United Nations, and bilaterally with allies of the United States, to 
establish a multilateral sanctions regime against Syria that will 
inhibit the efforts of the Government of Syria to develop and obtain 
conventional weapons and to use those and other weapons against the 
people of Syria.
    (b) Periodic Reports to Congress.--
            (1) In general.--Not later than 60 days after the date of 
        the enactment of this Act, and every 120 days thereafter, the 
        President shall report to the appropriate congressional 
        committees on the extent to which diplomatic efforts described 
        in subsection (a) have been successful.
            (2) Contents.--Each report required under paragraph (1) 
        shall include the following:
                    (A) The countries that have agreed to undertake 
                measures to inhibit the efforts of the Government of 
                Syria described in subsection (a), and a description of 
                those measures.
                    (B) The countries that have not agreed to measures 
                described in subparagraph (A).
                    (C) Other measures the President recommends that 
                the United States take to inhibit the efforts of the 
                Government of Syria described in subsection (a).
    (c) Investigations.--
            (1) In general.--The President shall initiate an 
        investigation into the possible imposition of sanctions under 
        section 303 or 304 against a person upon receipt by the United 
        States of credible information indicating that such person is 
        engaged in an activity described in such section.
            (2) Determination and notification.--Not later than 180 
        days after an investigation is initiated in accordance with 
        paragraph (1), and subject to paragraph (3), the President 
        shall--
                    (A) determine, pursuant to section 303 or 304, if a 
                person has engaged in an activity described in that 
                section; and
                    (B) notify the appropriate congressional committees 
                of the basis for any such determination.
            (3) Special rule.--The President is not required to 
        initiate an investigation, and may terminate an investigation, 
        under this subsection if the President certifies in writing to 
        the appropriate congressional committees that--
                    (A) the person whose activity was the basis for the 
                investigation is no longer engaging in the activity or 
                has taken significant verifiable steps toward stopping 
                the activity; and
                    (B) the President has received reliable assurances 
                that the person will not knowingly engage in an 
                activity described in section 303 or 304 in the future.

SEC. 303. IMPOSITION OF SANCTIONS WITH RESPECT TO DEVELOPMENT OF 
              WEAPONS OF MASS DESTRUCTION OR OTHER MILITARY 
              CAPABILITIES BY SYRIA.

    (a) Exports, Transfers, and Transshipments.--The President shall 
impose 5 or more of the sanctions described in section 310 with respect 
to a person if the President determines that the person--
            (1) on or after the date of the enactment of this Act, 
        exported or transferred, or permitted or otherwise facilitated 
        the transshipment of, any goods, services, technology, or other 
        items to any other person; and
            (2) knew or should have known that--
                    (A) the export, transfer, or transshipment of the 
                goods, services, technology, or other items would 
                likely result in another person exporting, 
                transferring, transshipping, or otherwise providing the 
                goods, services, technology, or other items to Syria; 
                and
                    (B) the export, transfer, transshipment, or other 
                provision of the goods, services, technology, or other 
                items to Syria would contribute materially to the 
                ability of the Government of Syria to--
                            (i) acquire or develop chemical, 
                        biological, or nuclear weapons or related 
                        technologies; or
                            (ii) acquire or develop conventional 
                        weapons that are intended to be used, or are 
                        actually used, against the people of Syria.
    (b) Rule of Construction.--Nothing in this section shall prohibit 
the Government of the United States from transporting weapons and aid 
to forces opposing the Government of Syria.

SEC. 304. IMPOSITION OF SANCTIONS WITH RESPECT TO EXPORTATION OF 
              DEFENSE ARTICLES TO SYRIA.

    (a) In General.--The President shall impose 5 or more of the 
sanctions described in section 310 with respect to a person if the 
President determines that the person--
            (1) sells or provides defense articles to the Government of 
        Syria; or
            (2) sells, leases, or provides to the Government of Syria 
        goods, services, technology, information, or support described 
        in subsection (b).
    (b) Goods, Services, Technology, Information, or Support 
Described.--Goods, services, technology, information, or support 
described in this subsection are goods, services, technology, 
information, or support that could directly and significantly 
contribute to the enhancement of the ability of the Government of Syria 
to import defense articles, including--
            (1) except as provided in subsection (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;
            (2) financing or brokering such sale, lease, or provision;
            (3) providing ships or shipping services to deliver defense 
        articles to Syria;
            (4) bartering or contracting by which goods are exchanged 
        for goods, including the insurance or reinsurance of such 
        exchanges; or
            (5) purchasing, subscribing to, or facilitating the 
        issuance of sovereign debt of the Government of Syria, 
        including governmental bonds.
    (c) Exception for Underwriters and Insurance Providers Exercising 
Due Diligence.--The President may not impose sanctions under this 
section 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 subsection (b).
    (d) Defense Article Defined.--In this section, the term ``defense 
article'' has the meaning given that term in section 47(3) of the Arms 
Export Control Act (22 U.S.C. 2794(3)).

SEC. 305. ADDITIONAL MANDATORY SANCTIONS RELATING TO TRANSFER OF 
              NUCLEAR TECHNOLOGY.

    (a) In General.--Except as provided in subsections (b) and (c), in 
any case in which a person is subject to sanctions under section 303 or 
304 because of an activity described in that section that relates to 
the acquisition or development of nuclear weapons or related technology 
or of missiles or advanced conventional weapons that are designed or 
modified to deliver a nuclear weapon, no license may be issued for the 
export, and no approval may be given for the transfer or retransfer, 
directly or indirectly, to the country the government of which has 
primary jurisdiction over the person, of any nuclear material, 
facilities, components, or other goods, services, or technology that 
are or would be subject to an agreement for cooperation between the 
United States and that government.
    (b) Exception.--The sanctions described in subsection (a) shall not 
apply with respect to a country the government of which has primary 
jurisdiction over a person that engages in an activity described in 
that subsection if the President determines and notifies the 
appropriate congressional committees that the government of the 
country--
            (1) does not know or have reason to know about the 
        activity; or
            (2) has taken, or is taking, all reasonable steps necessary 
        to prevent a recurrence of the activity and to penalize the 
        person for the activity.
    (c) Individual Approval.--Notwithstanding subsection (a), the 
President may, on a case-by-case basis, approve the issuance of a 
license for the export, or approve the transfer or retransfer, of any 
nuclear material, facilities, components, or other goods, services, or 
technology that are or would be subject to an agreement for 
cooperation, to a person in a country to which subsection (a) applies 
(other than a person that is subject to the sanctions under section 303 
or 304) if the President--
            (1) determines that such approval is vital to the national 
        security interests of the United States; and
            (2) not later than 15 days before issuing such license or 
        approving such transfer or retransfer, submits to the Committee 
        on Foreign Relations of the Senate and the Committee on Foreign 
        Affairs of the House of Representatives the justification for 
        approving such license, transfer, or retransfer.
    (d) Construction.--The sanctions described in subsection (a) shall 
apply in addition to all other applicable procedures, requirements, and 
restrictions contained in the Atomic Energy Act of 1954 (42 U.S.C. 2011 
et seq.) and other related laws.
    (e) Agreement for Cooperation Defined.--In this section, the term 
``agreement for cooperation'' has the meaning given that term in 
section 11(b) of the Atomic Energy Act of 1954 (42 U.S.C. 2014(b)).

SEC. 306. IMPOSITION OF SANCTIONS WITH RESPECT TO PROVISION OF TRAINING 
              TO MILITARY OR PARAMILITARY FORCES OF THE GOVERNMENT OF 
              SYRIA.

    The President shall impose 5 or more of the sanctions described in 
section 310 with respect to a person if the President determines that 
the person knowingly engages in an activity that provides training to 
the military or paramilitary forces of the Government of Syria.

SEC. 307. IMPOSITION OF SANCTIONS WITH RESPECT TO EXPORTATION OF 
              REFINED PETROLEUM PRODUCTS TO SYRIA.

    (a) In General.--The President shall impose 5 or more of the 
sanctions described in section 310 with respect to a person if the 
President determines that the person knowingly--
            (1) sells or provides to the Government of Syria refined 
        petroleum products--
                    (A) that have a fair market value of $1,000,000 or 
                more; or
                    (B) that, during a 12-month period, have an 
                aggregate fair market value of $5,000,000 or more; or
            (2) sells, leases, or provides to the Government of Syria 
        goods, services, technology, information, or support described 
        in subsection (b)--
                    (A) any of which has a fair market value of 
                $1,000,000 or more; or
                    (B) 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 subsection are goods, services, technology, 
information, or support that could directly and significantly 
contribute to the enhancement of the ability of the Government of Syria 
to import refined petroleum products, including--
            (1) except as provided in subsection (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;
            (2) financing or brokering such sale, lease, or provision;
            (3) providing ships or shipping services to deliver refined 
        petroleum products to Syria;
            (4) bartering or contracting by which goods are exchanged 
        for goods, including the insurance or reinsurance of such 
        exchanges; or
            (5) purchasing, subscribing to, or facilitating the 
        issuance of sovereign debt of the Government of Syria, 
        including governmental bonds.
    (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 subsection (b).

SEC. 308. SANCTIONED PERSONS.

    (a) In General.--The sanctions described in sections 303, 304, 305, 
306, and 307 shall be imposed with respect to--
            (1) any person the President determines has carried out an 
        activity described in any such section; 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) engaged in the activity referred to 
                in that paragraph; 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 activity referred to in that paragraph.
    (b) Sanctioned Person Defined.--In this title, the term 
``sanctioned person'' means any person described in subsection (a).

SEC. 309. WAIVER.

    (a) In General.--Except as provided in subsection (b), the 
President may, on a case by case basis, waive for a period of not more 
than 180 days the application of section 303, 304, 305, 306, or 307 
with respect to a person if the President certifies to the appropriate 
congressional committees at least 30 days before the waiver is to take 
effect that the waiver is vital to the national security interests of 
the United States.
    (b) Exception.--The President may not waive the application of 
section 303 with respect to a person for the provision of goods, 
services, technology, or other items to Syria that would contribute 
materially to the ability of the Government of Syria to acquire or 
develop chemical, biological, or nuclear weapons or related 
technologies.
    (c) Subsequent Renewal of Waiver.--At the conclusion of the period 
of a waiver under subsection (a), the President may renew the waiver 
for subsequent periods of not more than 180 days each if the President 
determines, in accordance with that subsection, that the waiver is 
appropriate.

SEC. 310. DESCRIPTION OF SANCTIONS.

    The sanctions to be imposed on a sanctioned person under this title 
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 one sanction for purposes of 
                sections 203 and 204, and the imposition of both such 
                sanctions shall be treated as 2 sanctions for purposes 
                of sections 203 and 204.
            (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) Ban on investment in equity or debt of sanctioned 
        person.--The President may, pursuant to such regulations or 
        guidelines as the President may prescribe, prohibit any United 
        States person from investing in or purchasing significant 
        amounts of equity or debt instruments of a sanctioned person.
            (10) Exclusion of corporate officers.--The President may 
        direct the Secretary of State to deny a visa to, and the 
        Secretary of Homeland Security to exclude from the United 
        States, any alien that the President determines is a corporate 
        officer or principal of, or a shareholder with a controlling 
        interest in, a sanctioned person.
            (11) Sanctions on principal executive officers.--The 
        President may impose on the principal executive officer or 
        officers of any sanctioned person, or on persons performing 
        similar functions and with similar authorities as such officer 
        or officers, any of the sanctions under this subsection.
            (12) 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.).

SEC. 311. ADDITIONAL MEASURE RELATING TO GOVERNMENT CONTRACTS.

    (a) 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 this title.
    (b) Remedies.--
            (1) Termination, debarment, or suspension.--
                    (A) In general.--If the head of an executive agency 
                determines that a person has submitted a false 
                certification under subsection (a) on or after the date 
                on which the revision of the Federal Acquisition 
                Regulation required by this section 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.
                    (B) 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.
            (2) 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 pursuant to paragraph (1).
    (c) Clarification Regarding Certain Products.--The remedies set 
forth in subsection (b) 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)).
    (d) Rule of Construction.--This section 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 subsection (a).
    (e) Waivers.--The President may on a case-by-case basis waive the 
requirement that a person make a certification under subsection (a) 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.
    (f) Executive Agency Defined.--In this section, the term 
``executive agency'' has the meaning given that term in section 133 of 
title 41, United States Code.
    (g) Applicability.--The revisions to the Federal Acquisition 
Regulation required under subsection (a) 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.

      TITLE IV--IMPOSITION OF SANCTIONS WITH RESPECT TO FINANCIAL 
      INSTITUTIONS THAT ENGAGE IN CERTAIN TRANSACTIONS WITH SYRIA

SEC. 401. IMPOSITION OF SANCTIONS WITH RESPECT TO FINANCIAL 
              INSTITUTIONS THAT ENGAGE IN CERTAIN TRANSACTIONS WITH 
              SYRIA.

    (a) Prohibitions and Conditions With Respect to Certain Accounts 
Held by Foreign Financial Institutions.--
            (1) In general.--Not later than 90 days after the date of 
        the enactment of this Act, the Secretary of the Treasury shall 
        prescribe regulations to prohibit, or impose strict conditions 
        on, the opening or maintaining in the United States of a 
        correspondent account or a payable-through account by a foreign 
        financial institution that the Secretary finds knowingly 
        engages in an activity described in paragraph (2).
            (2) Activities described.--A foreign financial institution 
        engages in an activity described in this paragraph if the 
        foreign financial institution--
                    (A) facilitates the efforts of the Government of 
                Syria, Hezbollah, or others that have knowingly engaged 
                in armed conflict on behalf of the Government of 
                Syria--
                            (i) to acquire or develop weapons of mass 
                        destruction or delivery systems for weapons of 
                        mass destruction; or
                            (ii) to provide support for organizations 
                        designated as foreign terrorist organizations 
                        under section 219(a) of the Immigration and 
                        Nationality Act (8 U.S.C. 1189(a)) or support 
                        for acts of international terrorism (as defined 
                        in section 14 of the Iran Sanctions Act of 1996 
                        (Public Law 104-172; 50 U.S.C. 1701 note));
                    (B) engages in money laundering to carry out an 
                activity described in subparagraph (A);
                    (C) facilitates efforts by the Central Bank of 
                Syria or any other Syrian financial institution to 
                carry out an activity described in subparagraph (A); or
                    (D) facilitates a significant transaction or 
                transactions or provides significant financial services 
                for a person whose property or interests in property 
                are blocked pursuant to the International Emergency 
                Economic Powers Act (50 U.S.C. 1701 et seq.) in 
                connection with--
                            (i) the proliferation of weapons of mass 
                        destruction or delivery systems for weapons of 
                        mass destruction by the Government of Syria;
                            (ii) the support by that Government for 
                        international terrorism; or
                            (iii) human rights abuses by that 
                        Government.
            (3) Penalties.--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 regulations prescribed under paragraph 
        (1) to the same extent that such penalties apply to a person 
        that commits an unlawful act described in section 206(a) of 
        that Act.
    (b) Penalties for Domestic Financial Institutions for Actions of 
Persons Owned or Controlled by Such Financial Institutions.--
            (1) In general.--Not later than 90 days after the date of 
        the enactment of this Act, the Secretary of the Treasury shall 
        prescribe regulations to prohibit any person owned or 
        controlled by a domestic financial institution from knowingly 
        engaging in a transaction or transactions with or benefitting 
        the Government of Syria, Hezbollah, or any of its agents or 
        affiliates whose property or interests in property are blocked 
        pursuant to the International Emergency Economic Powers Act (50 
        U.S.C. 1701 et seq.).
            (2) Penalties.--The penalties provided for in section 
        206(b) of the International Emergency Economic Powers Act (50 
        U.S.C. 1705(b)) shall apply to a domestic financial institution 
        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--
                    (A) a person owned or controlled by the domestic 
                financial institution violates, attempts to violate, 
                conspires to violate, or causes a violation of 
                regulations prescribed under paragraph (1) of this 
                subsection; and
                    (B) the domestic financial institution knew or 
                should have known that the person violated, attempted 
                to violate, conspired to violate, or caused a violation 
                of such regulations.
    (c) Requirements for Financial Institutions Maintaining Accounts 
for Foreign Financial Institutions.--
            (1) In general.--The Secretary of the Treasury shall 
        prescribe regulations to require a domestic financial 
        institution maintaining a correspondent account or payable-
        through account in the United States for a foreign financial 
        institution to do following:
                    (A) Perform an audit of activities described in 
                subsection (a)(2) that may be carried out by the 
                foreign financial institution.
                    (B) Establish due diligence policies, procedures, 
                and controls, such as the due diligence policies, 
                procedures, and controls described in section 5318(i) 
                of title 31, United States Code, reasonably designed to 
                detect whether the foreign financial institution has 
                knowingly engaged in any such activity.
            (2) Report.--Any domestic financial institution maintaining 
        a correspondent account or payable-through account in the 
        United States for a foreign financial institution shall report 
        to the Department of the Treasury any time the domestic 
        financial institution suspects that the foreign financial 
        institution is engaging in any activity described in subsection 
        (a)(2), without regard to whether the Department requested such 
        a report.
            (3) Penalties.--The penalties provided for in sections 
        5321(a) and 5322 of title 31, United States Code, shall apply 
        to a person that violates a regulation prescribed under 
        paragraph (1) or the requirements of paragraph (2), in the same 
        manner and to the same extent as such penalties would apply to 
        any person that is otherwise subject to such section 5321(a) or 
        5322.
    (d) Waiver.--The Secretary of the Treasury may waive the 
application of a prohibition or condition imposed with respect to a 
foreign financial institution pursuant to subsection (a) or the 
imposition of a penalty under subsection (b) with respect to a domestic 
financial institution on and after the date that is 30 days after the 
Secretary--
            (1) determines that such a waiver is necessary to the 
        national interest of the United States; and
            (2) submits to the appropriate congressional committees a 
        report describing the reasons for the determination.
    (e) Procedures for Judicial Review of Classified Information.--
            (1) In general.--If a finding under subsection (a)(1), a 
        prohibition, condition, or penalty imposed as a result of any 
        such finding, or a penalty imposed under subsection (b), is 
        based on classified information (as defined in section 1(a) of 
        the Classified Information Procedures Act (18 U.S.C. App.)) and 
        a court reviews the finding or the imposition of the 
        prohibition, condition, or penalty, the Secretary of the 
        Treasury may submit such information to the court ex parte and 
        in camera.
            (2) Rule of construction.--Nothing in this subsection shall 
        be construed to confer or imply any right to judicial review of 
        any finding under subsection (a)(1), any prohibition, 
        condition, or penalty imposed as a result of any such finding, 
        or any penalty imposed under subsection (b).
    (f) Consultations in Implementation of Regulations.--In 
implementing this section and the regulations prescribed under this 
section, the Secretary of the Treasury--
            (1) shall consult with the Secretary of State; and
            (2) may, in the sole discretion of the Secretary of the 
        Treasury, consult with such other agencies and departments and 
        such other interested parties as the Secretary considers 
        appropriate.
    (g) Agent Defined.--In this section, the term ``agent'' includes an 
entity established by a person for purposes of conducting transactions 
on behalf of the person in order to conceal the identity of the person.

                      TITLE V--GENERAL PROVISIONS

SEC. 501. REPORT ON MILITARY CAPABILITIES OF GOVERNMENT OF SYRIA.

    (a) In General.--Not later than 60 days after the date of the 
enactment of this Act, and every 120 days thereafter, the President 
shall report to the appropriate congressional committees on the 
military capabilities of the Government of Syria.
    (b) Contents.--Each report required under subsection (a) shall 
include the following:
            (1) Information on the provision of weapons to the 
        Government of Syria during the 120-day period preceding the 
        submission of the report, including--
                    (A) the type and quantity of weapons being provided 
                to that Government; and
                    (B) the entities providing those weapons to that 
                Government.
            (2) The types of weapons that are most commonly used by 
        that Government against the people of Syria.

SEC. 502. REPORTS ON IDENTIFICATION OF SYRIAN ASSETS.

    (a) In General.--Not later than 30 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 identifying assets of the Government of Syria held by financial 
institutions.
    (b) Contents.--The reports required by subsection (a) shall contain 
the following:
            (1) The name of any financial institution holding assets of 
        the Government of Syria.
            (2) The country with primary jurisdiction over each such 
        financial institution.
            (3) Whether the assets described in paragraph (1) have been 
        frozen.

SEC. 503. TERMINATION OF SANCTIONS.

    The provisions of this Act and any sanctions imposed pursuant to 
this Act shall terminate on the date on which the President submits to 
the appropriate congressional committees--
            (1) a certification that the Government of Syria--
                    (A) is no longer using weapons of any kind against 
                the people of Syria;
                    (B) is not providing support for international 
                terrorist groups;
                    (C) is not developing or deploying medium- and 
                long-range surface-to-surface ballistic missiles; and
                    (D) is not pursuing or engaging in the research, 
                development, acquisition, production, transfer, or 
                deployment of biological, chemical, or nuclear weapons 
                and has provided credible assurances that it will not 
                pursue or engage in such behavior; or
            (2) a certification that--
                    (A) a successor government of Syria has been 
                democratically elected and is representative of the 
                people of Syria; or
                    (B) a legitimate transitional government of Syria 
                is in place.
                                 <all>