118 HR 5994 IH: No Funds for Iran-Backed Terror Act U.S. House of Representatives 2023-10-25 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.

I 118th CONGRESS1st Session H. R. 5994 IN THE HOUSE OF REPRESENTATIVES October 19, 2023 Mr. Issa introduced the following bill October 25, 2023 Referred to the Committee on Foreign Affairs, and in addition to the Committees on Financial Services, Ways and Means, and Oversight and Accountability, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned A BILL To provide for full enforcement of oil sanctions against Iran, and for other purposes.

1.

Short title

This Act may be cited as the No Funds for Iran-Backed Terror Act.

2.

Full Enforcement of Oil Sanctions Against Iran

(a)

In general

The President shall make maximal use of sanctions authorities described in sections 1244, 1246, and 1247 of the Iran Freedom and Counter-Proliferation Act of 2012 (Public Law 112–239; 22 U.S.C. 8803, 8805, and 8806) and section 1245 of the National Defense Authorization Act for Fiscal Year 2012 (Public Law 112–81; 22 U.S.C. 8513a) with respect to the purchases of Iranian petroleum and petroleum products. (b)

Certification required

Not later than 30 days after the date of the enactment of this Act, the President shall certify to the appropriate congressional committees that the President has used the authorities described in subsection (a) against all known target entities. (c)

Determination required

Not later than 30 days after the enactment of this Act and every 30 days thereafter, the President shall submit to the appropriate congressional committees a determination regarding persons connected to the transfer of oil from Iran as to whether such persons constitute sanctionable entities under the authorities described in subsection (a). (d)

Form

The certifications and determinations described in this section shall be submitted in an unclassified form but may contain a classified annex. (e)

Termination

The requirement to submit determinations pursuant to subsection (c) shall terminate on the date on which the President certifies to the appropriate congressional committees that the Iran has ended— (1)its practice of funding terrorist; (2)its pursuit of a nuclear weapons capability; and (3)its military support for the Russian Federation’s war against Ukraine.

3.

Suspension of Waiver Authority on Escrow Accounts Created Pursuant to Certain Authorities

The President may not exercise the waiver authority described in section 1244(i) of the Iran Freedom and Counter-Proliferation Act of 2012 (Public Law 112–239; 22 U.S.C. 8803(i)) with respect to accounts holding funds which result from compliance with section 1244(g)(2)(B)(ii)(II) of such Act (22 U.S.C. 8803(g)(2)(B)(ii)(II)) and 1247(f) of such Act (22 U.S.C. 8806(f)) with respect to accounts holding funds which result from compliance with section 1247(d)(2)(B)(ii) of such Act (22 U.S.C. 8806g(d)(2)(B)(ii)) until the President certifies to the appropriate congressional committees that Iran has ended— (1)its practice of funding terrorist groups; (2)its pursuit of a nuclear weapons capability; and (3)its military support for the Russian Federation’s war against Ukraine.

4.

Reinstatement of Sanctions with Respect to Iranian Funds Formerly Held in Escrow in South Korea

(a)

In general

The waiver of sanctions, including any waiver subject to the document entitled ‘‘Waiver of Sanctions with Respect to the Transfer of Funds from the Republic of Korea to Qatar” on funds held in South Korea on August 1, 2023, pursuant or in accordance with sections 1244(g)(2)(B)(ii)(II) and 1247(d)(2)(B)(ii) of the Iran Freedom and Counter-Proliferation Act of 2012 (Public Law 112–239; 22 U.S.C. 8803(g)(2)(B)(ii)(II) and 8806(d)(2)(B)(ii)) or section 1245(d)(1) of the National Defense Authorization Act of Fiscal Year 2012 (Public Law 112–81; 22 U.S.C. 8513a(d)(1)) is hereby canceled. (b)

Cancellation of Licenses

General or specific licenses, comfort letters, frequently asked questions, or other such exemption issued in connection with waivers issued under subsection (a) is hereby cancelled. (c)

Reimposition of Sanctions

The President shall, pursuant to the International Emergency Economic Powers Act (50 U.S.C. 1701 et seq.), block and prohibit all transactions in all property and interests in property of any financial institution which process, participates in, or facilitates a transaction with respect to the funds described in subsection (a) after the date of enactment of this Act 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.

5.

Reinstatement of sanctions imposed with respect to Iranian funds formerly held in escrow in Iraq

(a)

In general

On the date of enactment of this Act, the following measures shall be terminated: (1) Waivers exercised on or after January 1, 2023, pursuant to section 1245(d) of the National Defense Authorization Act for Fiscal Year 2012 (Public Law 112–81; 22 U.S.C. 8513a(d)) and sections 1244(i) and 1247(f) of the Iran Freedom and Counter-Proliferation Act of 2012 (Public Law 112–239; 22 U.S.C. 8803(i) and 8806(f)) with respect to the covered funds described in subsection (c). (2)Any general or specific license issue by the Office of Foreign Asset Control at the Department of the Treasury directly or indirectly related to the funds cited in paragraphs (1). (b)

Limitation

The President may not reissue any new waiver or license described in paragraph (1) or (2) of subsection (a) for the same or similar purposes. (c)

Covered funds described

The covered funds described in this subsection are funds held in Iraq or owed to Iran or Iranian institutions by Iraq on January 1, 2023, including funds in accounts established or maintained pursuant to or in accordance with sections 1244(g)–(h) and 1247(d)–(e) of the Iran Freedom and Counter-Proliferation Act of 2012 (Public Law 112–239; 22 U.S.C. 8803(g)–(h) and 8806(d)–(e)). (d)

Reimposition of sanctions

The President shall, pursuant to the International Emergency Economic Powers Act (50 U.S.C. 1701 et seq.), block and prohibit all transactions in all property and interests in property of any financial institution which process, participates in, or facilitates a transaction with respect to the funds described in subsection (c) after the date of enactment of this Act 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.

6.

Blocking Iran’s access to Special Drawing Rights

(a)

In general

Section 1621 of the International Financial Institutions Act (22 U.S.C. 262p–4q) shall be understood to cover International Monetary Fund Special Drawing Rights that are available or may be made available to Iran. (b)

Instruction

The Secretary of the Treasury shall instruct the Executive Director of International Monetary Fund to use the voice and vote of the United States to prevent Iran from gaining access to International Monetary Fund Special Drawing Rights. (c)

Diplomacy

The Secretary of the Treasury, in coordination with the Secretary of State shall seek to prevent Iran from trading, exchanging, or otherwise making use of International Monetary Fund Special Drawing Rights.

7.

Appropriate congressional committees defined

In this Act, the term appropriate congressional committees means— (1)the Committee on Foreign Affairs and the Committee on Financial Services of the House of Representatives; and (2)the Committee on Foreign Relations and the Committee on Banking, Housing, and Urban Affairs of the Senate.