[Congressional Record Volume 164, Number 94 (Thursday, June 7, 2018)]
[Senate]
[Pages S3333-S3336]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
SA 2434. Mr. HATCH submitted an amendment intended to be proposed to
amendment SA 2282 submitted by Mr. Inhofe (for himself and Mr. McCain)
and intended to be proposed to the bill H.R. 5515, to authorize
appropriations for fiscal year 2019 for military activities of the
Department of Defense, for military construction, and for defense
activities of the Department of Energy, to prescribe military personnel
strengths for such fiscal year, and for other purposes; which was
ordered to lie on the table; as follows:
At the end of title XII, add the following:
[[Page S3334]]
Subtitle H--Iran Sanctions
SEC. 1281. SHORT TITLE.
This subtitle may be cited as the ``Iranian Revolutionary
Guard Corps Economic Exclusion Act''.
SEC. 1282. ADDITIONAL SANCTIONS WITH RESPECT TO FOREIGN
PERSONS THAT ARE OFFICIALS, AGENTS, OR
AFFILIATES OF, OR OWNED OR CONTROLLED BY,
IRAN'S REVOLUTIONARY GUARD CORPS.
(a) In General.--Section 301(a) of the Iran Threat
Reduction and Syria Human Rights Act of 2012 (22 U.S.C.
8741(a)) is amended--
(1) in the matter preceding paragraph (1), by striking
``Not later than 90 days after the date of the enactment of
this Act, and as appropriate thereafter,'' and inserting
``Not later than 180 days after the date of the enactment of
the Iranian Revolutionary Guard Corps Economic Exclusion Act,
and every 180 days thereafter,'';
(2) in paragraph (1)--
(A) by inserting ``, or owned or controlled by,'' after
``affiliates of''; and
(B) by striking ``and'' at the end;
(3) in paragraph (2)(B), by striking the period at the end
and inserting ``; and''; and
(4) by adding at the end the following:
``(3) identify foreign persons with respect to which there
is a reasonable basis to determine that the foreign persons
have, directly or indirectly, conducted one or more sensitive
transactions or activities described in subsection (c) for or
on behalf of a foreign person described in paragraph (1).''.
(b) Authorization; Priority for Investigation; Reports.--
Section 301(b) of the Iran Threat Reduction and Syria Human
Rights Act of 2012 (22 U.S.C. 8741(b)) is amended to read as
follows:
``(b) Authorization; Priority for Investigation; Reports.--
``(1) Authorization.--In identifying foreign persons
pursuant to subsection (a)(1) as owned or controlled by
Iran's Revolutionary Guard Corps, the President is authorized
to identify foreign persons in which Iran's Revolutionary
Guard Corps has an ownership interest of less than 50
percent.
``(2) Priority for investigation.--In identifying foreign
persons pursuant to subsection (a)(1) as officials, agents,
or affiliates of, or owned or controlled by, Iran's
Revolutionary Guard Corps, the President shall investigate--
``(A) foreign persons identified under section 560.304 of
title 31, Code of Federal Regulations (relating to the
definition of the Government of Iran); and
``(B) foreign persons for which there is a reasonable basis
to find that the person has conducted or attempted to conduct
one or more sensitive transactions or activities described in
subsection (c).
``(3) Report.--
``(A) Determination.--
``(i) In general.--The President shall determine whether
each foreign person described in clause (ii) is owned or
controlled by Iran's Revolutionary Guard Corps.
``(ii) Foreign persons described.--The foreign persons
described in this clause are the following:
``(I) The Telecommunication Company of Iran.
``(II) The Mobile Telecommunication Company of Iran (MTCI).
``(III) The Calcimin Public Company.
``(IV) The Iran Tractor Manufacturing Company.
``(V) The Iran Tractor Motors Manufacturing Company.
``(VI) The Iran Zinc Mines Development Company.
``(VII) The National Iranian Lead and Zinc Company.
``(VIII) The Iran Mineral Products Company.
``(IX) Tosee Energy Paivaran Company.
``(B) Report.--
``(i) In general.--Not later than 90 days after the date of
the enactment of the Iranian Revolutionary Guard Corps
Economic Exclusion Act, the President shall submit to the
appropriate congressional committees a report on the
determinations made under subparagraph (A) together with the
reasons for those determinations.
``(ii) Form.--A report submitted under clause (i) shall be
submitted in unclassified form but may contain a classified
annex.
``(4) Additional report.--
``(A) In general.--Not later than 180 days after the date
of the enactment of the Iranian Revolutionary Guard Corps
Economic Exclusion Act, the President shall submit to the
appropriate congressional committees a report that includes a
detailed list of foreign persons in which there is a
reasonable basis to determine that Iran's Revolutionary Guard
Corps has an ownership interest of not less than 33 percent.
``(B) Form.--The report required under subparagraph (A)
shall be submitted in unclassified form but may contain a
classified annex.''.
(c) Sensitive Transactions and Activities Described.--
Section 301(c) of the Iran Threat Reduction and Syria Human
Rights Act of 2012 (22 U.S.C. 8741(c)) is amended--
(1) in paragraph (1)--
(A) by striking ``$1,000,000'' and inserting ``$500,000'';
and
(B) by inserting ``Iranian financial institution or'' after
``involving a'';
(2) by redesignating paragraphs (3), (4), and (5) as
paragraphs (6), (7), and (8), respectively; and
(3) by inserting after paragraph (2) the following new
paragraphs:
``(3) a transaction to provide material support for an
organization designated as a foreign terrorist organization
under section 219(a) of the Immigration and Nationality Act
(8 U.S.C. 1189(a)) or support for an act 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));
``(4) a transaction to provide material support to a
foreign person whose property and interests in property have
been blocked pursuant to Executive Order 13224 (50 U.S.C.
1701 note; relating to blocking property and prohibiting
transactions with persons who commit, threaten to commit, or
support terrorism);
``(5) a transaction to provide material support for--
``(A) the Government of Syria or any agency or
instrumentality thereof; or
``(B) any entity owned or controlled by the Government of
Syria, including for purposes of post-conflict
reconstruction;''.
(d) Waiver of Imposition of Sanctions.--Section 301(e) of
the Iran Threat Reduction and Syria Human Rights Act of 2012
(22 U.S.C. 8741(e)) is amended--
(1) in paragraph (1)--
(A) by striking ``(A) determines'' and inserting ``(A)(i)
determines'';
(B) by striking ``(B) submits'' and inserting ``(ii)
submits'';
(C) by striking ``(i) identifies'' and inserting ``(I)
identifies'';
(D) by striking ``(ii) sets'' and inserting ``(II) sets'';
(E) by striking the period at the end and inserting ``;
and''; and
(F) by adding at the end the following:
``(B) with respect to a foreign person identified under
subsection (a)(3) by reason of having conducted or attempted
to conduct one or more sensitive transactions or activities
described in subsection (c)(5), also certifies to the
appropriate congressional committees that Iran's
Revolutionary Guard Corps is significantly decreasing
provision of direct or indirect material support to the
Government of Syria or Hezbollah's operations in Syria.'';
and
(2) in paragraph (2), by striking ``paragraph (1)(B)'' and
inserting ``paragraph (1)(A)(ii)''.
(e) Regulations, Implementation, Penalties, and
Definitions.--Section 301 of the Iran Threat Reduction and
Syria Human Rights Act of 2012 (22 U.S.C. 8741) is amended--
(1) by redesignating subsection (f) as subsection (h); and
(2) by inserting after subsection (e) the following new
subsection:
``(f) Definitions.--In this section:
``(1) Foreign person.--The term `foreign person' means--
``(A) an individual who is not a United States person;
``(B) a corporation, partnership, or other nongovernmental
entity that is not a United States person; or
``(C) any representative, agent, or instrumentality of, or
an individual working on behalf of, a foreign government.
``(2) Iran's revolutionary guard corps.--The term `Iran's
Revolutionary Guard Corps' includes any senior foreign
political figure (as defined in section 1010.605 of title 31,
Code of Federal Regulations) of Iran's Revolutionary Guard
Corps.''.
(f) Conforming and Clerical Amendments.--The Iran Threat
Reduction and Syria Human Rights Act of 2012 (22 U.S.C. 8701
et seq.) is amended--
(1) by striking the heading of section 301 and inserting
the following:
``SEC. 301. IDENTIFICATION OF, AND IMPOSITION OF SANCTIONS
WITH RESPECT TO, FOREIGN PERSONS THAT ARE
OFFICIALS, AGENTS, OR AFFILIATES OF, OR OWNED
OR CONTROLLED BY, IRAN'S REVOLUTIONARY GUARD
CORPS.'';
and
(2) in the table of contents, by striking the item relating
to section 301 and inserting the following:
``Sec. 301. Identification of, and imposition of sanctions with respect
to, foreign persons that are officials, agents, or
affiliates of, or owned or controlled by, Iran's
Revolutionary Guard Corps.''.
(g) Effective Date.--The amendments made by this section
take effect on the date of the enactment of this Act and
apply with respect to conduct described in section 301(a) of
the Iran Threat Reduction and Syria Human Rights Act of 2012,
as amended by this section, engaged in on or after such date
of enactment.
SEC. 1283. ADDITIONAL SANCTIONS WITH RESPECT TO FOREIGN
PERSONS THAT SUPPORT OR CONDUCT CERTAIN
TRANSACTIONS WITH IRAN'S REVOLUTIONARY GUARD
CORPS OR OTHER SANCTIONED PERSONS.
(a) Identification.--Section 302(a)(1) of the Iran Threat
Reduction and Syria Human Rights Act of 2012 (22 U.S.C.
8742(a)(1))--
(1) in subparagraph (B)--
(A) by inserting ``, or provide significant financial
services to,'' after ``transactions with''; and
(B) in clause (ii), by striking ``or'' at the end; and
(2) in subparagraph (C)--
(A) in the matter preceding clause (i), by inserting ``,
provide significant financial services to, or provide
material support to'' after ``transactions with'';
(B) in clause (i), by striking ``or'' at the end; and
(C) by striking clause (ii) and inserting the following:
[[Page S3335]]
``(ii) an Iranian person--
``(I) designated as foreign terrorist organizations under
section 219(a) of the Immigration and Nationality Act (8
U.S.C. 1189(a)); or
``(II) that has provided support for an act 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));
``(iii) an Iranian person whose property and interests in
property have been blocked pursuant to Executive Order 13224
(50 U.S.C. 1701 note; relating to blocking property and
prohibiting transactions with persons who commit, threaten to
commit, or support terrorism);
``(iv) an Iranian person whose property and interests in
property have been blocked pursuant to--
``(I) Executive Order 13608 (50 U.S.C. 1701 note; relating
to prohibiting certain transactions with and suspending entry
into the United States of foreign sanctions evaders with
respect to Iran and Syria);
``(II) Executive Order 13606 (50 U.S.C. 1701 note; relating
to blocking the property and suspending entry into the United
States of certain persons with respect to grave human rights
abuses by the Governments of Iran and Syria via information
technology);
``(III) Executive Order 13582 (50 U.S.C. 1701 note;
relating to blocking property of the Government of Syria and
prohibiting certain transactions with respect to Syria);
``(IV) Executive Order 13573 (50 U.S.C. 1701 note; relating
to blocking property of senior officials of the Government of
Syria);
``(V) Executive Order 13572 (50 U.S.C. 1701 note; relating
to blocking property of certain persons with respect to human
rights abuses in Syria);
``(VI) Executive Order 13460 (50 U.S.C. 1701 note; relating
to blocking property of additional persons in connection with
the national emergency with respect to Syria);
``(VII) Executive Order 13399 (50 U.S.C. 1701 note;
relating to blocking property of additional persons in
connection with the national emergency with respect to
Syria);
``(VIII) Executive Order 13338 (50 U.S.C. 1701 note;
relating to blocking property of certain persons and
prohibiting the export of certain goods to Syria); or
``(IX) any other Executive order adopted on or after the
date of the enactment of the Iranian Revolutionary Guard
Corps Economic Exclusion Act, to the extent that such
Executive order imposes sanctions with respect to Syria; or
``(v) a person acting on behalf of or at the direction of,
or owned or controlled by, a person described in clauses (i)
through (iv).''.
(b) Imposition of Sanctions.--Section 302(b) of the Iran
Threat Reduction and Syria Human Rights Act of 2012 (22
U.S.C. 8742(b)) is amended by striking ``the President--''
and all that follows and inserting ``the President shall
block and prohibit all transactions in property and interests
in property of the foreign person if such property and
interests in property are in the United States, come within
the United States, or are or come within the possession or
control of a United States person.''.
(c) Waiver of Imposition of Sanctions.--Section 302(d) of
the Iran Threat Reduction and Syria Human Rights Act of 2012
(22 U.S.C. 8742(d)) is amended--
(1) in paragraph (1)--
(A) by striking ``(A)(i) determines'' and inserting
``(A)(i)(I) determines'';
(B) by striking ``(ii) determines'' and inserting ``(II)
determines'';
(C) by striking ``(B) submits'' and inserting ``(ii)
submits'';
(D) by striking ``(i) identifies'' and inserting ``(I)
identifies'';
(E) by striking ``(ii) describes'' and inserting ``(II)
describes'';
(F) by striking ``(iii) sets forth'' and inserting ``(III)
sets forth'';
(G) by striking the period at the end and inserting ``;
and''; and
(H) by adding at the end the following:
``(B) with respect to a foreign person identified under
subsection (a)(1) by reason of having engaged in a
significant transaction or transactions with, or provided
significant financial services or material support to, an
Iranian person described in subparagraph (C)(iv) of that
subsection, also certifies to the appropriate congressional
committees that Iran's Revolutionary Guard Corps is
significantly decreasing provision of direct or indirect
material support to the Government of Syria or Hezbollah's
operations in Syria.''; and
(2) in paragraph (2), by striking ``paragraph (1)(B)'' and
inserting ``paragraph (1)(A)(ii)''.
(d) Waiver of Identifications and Designations.--Section
302(e) of the Iran Threat Reduction and Syria Human Rights
Act of 2012 (22 U.S.C. 8742(e)) is amended--
(1) by striking ``and subject to paragraph (2)'';
(2) by striking ``(1) determines'' and inserting ``(1)(A)
determines'';
(3) by striking ``(2) notifies'' and inserting ``(B)
notifies'';
(4) by striking the period at the end and inserting ``;
and''; and
(5) by adding at the end the following:
``(2) with respect to a foreign person identified under
subsection (a)(1) by reason of having engaged in a
significant transaction or transactions with, or provided
significant financial services or material support to, an
Iranian person described in subparagraph (C)(iv) of that
subsection, also certifies to the appropriate congressional
committees that Iran's Revolutionary Guard Corps is
significantly decreasing provision of direct or indirect
material support to the Government of Syria or Hezbollah's
operations in Syria.''.
(e) Iranian Person Defined.--Section 302 of the Iran Threat
Reduction and Syria Human Rights Act of 2012 (22 U.S.C. 8742)
is amended by adding at the end the following:
``(g) Iranian Person Defined.--In this section, the term
`Iranian person' means--
``(1) an individual who is a citizen or national of Iran;
and
``(2) an entity organized under the laws of Iran or
otherwise subject to the jurisdiction of the Government of
Iran.''.
(f) Effective Date.--The amendments made by this section
take effect on the date of the enactment of this Act and
apply with respect to conduct described in section 302(a)(1)
of the Iran Threat Reduction and Syria Human Rights Act of
2012, as amended by this section, engaged in on or after such
date of enactment.
SEC. 1284. REPORTS ON CERTAIN IRANIAN PERSONS.
(a) Statement of Policy.--It shall be the policy of the
United States to fully implement and enforce sanctions
against Iran's Revolutionary Guard Corps, including its
officials, agents, and affiliates.
(b) In General.--Subtitle B of title III of the Iran Threat
Reduction and Syria Human Rights Act of 2012 (Public Law 112-
158; 126 Stat. 1247) is amended by adding at the end the
following:
``SEC. 313. REPORT ON CERTAIN IRANIAN PERSONS.
``(a) In General.--Not later than 180 days after the date
of the enactment of the Iranian Revolutionary Guard Corps
Economic Exclusion Act, and annually thereafter until the
date that is 2 years after such date of enactment, the
President shall submit to the appropriate congressional
committees a report that contains the following:
``(1) A list of foreign persons listed on the Tehran Stock
Exchange and, with respect to each such foreign person, a
determination of whether or not Iran's Revolutionary Guard
Corps or any foreign persons that are officials, agents, or
affiliates of Iran's Revolutionary Guard Corps, directly or
indirectly, owns or controls the foreign person.
``(2) A list of foreign persons that are operating business
enterprises in Iran that have a valuation of more than
$100,000,000 in Iran and, with respect to each such foreign
person, a determination of whether or not Iran's
Revolutionary Guard Corps or any foreign persons that are
officials, agents, or affiliates of Iran's Revolutionary
Guard Corps, directly or indirectly, owns or controls the
foreign person.
``(3) A list of Iranian financial institutions that have a
valuation of more than $10,000,000 and, with respect to each
such Iranian financial institution, a determination of
whether or not--
``(A) the institution has knowingly facilitated a
significant transaction directly or indirectly for, or on
behalf of, Iran's Revolutionary Guard Corps during the 2-year
period beginning on the date of the enactment of the Iranian
Revolutionary Guard Corps Economic Exclusion Act; or
``(B) Iran's Revolutionary Guard Corps or any foreign
persons that are officials, agents, or affiliates of Iran's
Revolutionary Guard Corps, directly or indirectly, owns or
controls the institution.
``(b) Form of Report; Public Availability.--
``(1) Form.--The report required by paragraph (1) shall be
submitted in unclassified form but may contain a classified
annex.
``(2) Public availability.--The unclassified portion of the
report required by paragraph (1) shall be posted on a
publicly available Internet website of the Department of the
Treasury and a publicly available Internet website of the
Department of State.
``(c) Definitions.--In this section:
``(1) Foreign person.--The term `foreign person' means--
``(A) an individual who is not a United States person;
``(B) a corporation, partnership, or other nongovernmental
entity that is not a United States person; or
``(C) any representative, agent, or instrumentality of, or
an individual working on behalf of, a foreign government.
``(2) Iran's revolutionary guard corps.--The term `Iran's
Revolutionary Guard Corps' includes any senior foreign
political figure (as defined in section 1010.605 of title 31,
Code of Federal Regulations) of Iran's Revolutionary Guard
Corps.
``(3) Iranian financial institution.--The term `Iranian
financial institution' means--
``(A) a financial institution organized under the laws of
Iran or any jurisdiction within Iran, including a foreign
branch of such an institution;
``(B) a financial institution located in Iran;
``(C) a financial institution, wherever located, owned or
controlled by the Government of Iran; or
``(D) a financial institution, wherever located, owned or
controlled by a financial institution described in
subparagraph (A), (B), or (C).
``(4) Significant transaction.--A transaction shall be
determined to be a `significant transaction' in accordance
with section 561.404 of title 31, Code of Federal
Regulations.
``SEC. 314. REPORT ON THE FOREIGN SUPPLY CHAIN AND DOMESTIC
SUPPLY CHAIN INSIDE AND OUTSIDE OF IRAN THAT
AIDS IRAN'S REVOLUTIONARY GUARD CORPS.
``(a) In General.--Not later than 180 days after the date
of the enactment of the Iranian Revolutionary Guard Corps
Economic
[[Page S3336]]
Exclusion Act, the President shall submit a report on the
foreign supply chain and domestic supply chain inside and
outside of Iran that directly or indirectly significantly
facilitates, supports, or otherwise aids Iran's Revolutionary
Guard Corps to--
``(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.
``(b) Matters To Be Included.--The report required under
subsection (a) shall include the following:
``(1) An analysis of the foreign supply chain and domestic
supply chain described in subsection (a).
``(2) Persons that conduct both primary activities and
support activities for the Iran's Revolutionary Guards Corps.
``(3) A description of the geographic distribution of the
foreign supply chain and domestic supply chain described in
subsection (a).
``(c) Form.--The report required under subsection (a) shall
be submitted in unclassified form but may contain a
classified annex.''.
(c) Clerical Amendment.--The table of contents for the Iran
Threat Reduction and Syria Human Rights Act of 2012 is
amended by inserting after the item relating to section 312
the following:
``Sec. 313. Report on certain Iranian persons.
``Sec. 314. Report on the foreign supply chain and domestic supply
chain inside and outside of Iran that aids Iran's
Revolutionary Guard Corps.''.
SEC. 1285. STATEMENT OF POLICY ON PREVENTION OF ACCESSION OF
IRAN TO WORLD TRADE ORGANIZATION.
(a) In General.--It shall be the policy of the United
States to work to prevent Iran's membership in the World
Trade Organization and similar international bodies until the
date on which the determination of the Secretary of State
that the Government of Iran has repeatedly provided support
for acts of international terrorism under the provisions of
law described in subsection (b) is rescinded.
(b) Provisions of Law Described.--The provisions of law
described in this subsection are--
(1) section 6(j)(1)(A) of the Export Administration Act of
1979 (50 U.S.C. 4605(j)(1)(A)) (as continued in effect
pursuant to the International Emergency Economic Powers Act
(50 U.S.C. 1701 et seq.));
(2) section 620A(a) of the Foreign Assistance Act of 1961
(22 U.S.C. 2371(a));
(3) section 40(d) of the Arms Export Control Act (22 U.S.C.
2780(d)); or
(4) any other provision of law.
SEC. 1286. STATEMENT OF POLICY ON IRANIAN-DIRECTED AND
SPONSORED VIOLENCE AGAINST UNARMED CIVILIANS.
(a) In General.--It shall be the policy of the United
States to respond to the Government of Iran's targeted
violence toward civilians, whether such violence--
(1) takes place inside Iran or elsewhere; and
(2) is conducted directly by that Government or its
military or proxies or by direct accommodation through
intermediaries or other agents.
(b) Implementation.--To achieve the policy set forth in
subsection (a), the United States shall--
(1) condemn support for terrorism by the Government of Iran
or its military or proxies, whether provided directly or
through sponsor organizations such as Hezbollah;
(2) condemn the support or accommodation by the Government
of Iran or its military or proxies for any acts of violence
against unarmed civilians, whether provided--
(A) within the borders of Iran or elsewhere;
(B) directly or through intermediaries;
(C) proactively or by accommodation; or
(D) through conventional or nonconventional methods;
(3) work with international partners to develop steps and
tools to exert pressure on the Government of Iran and its
military and proxies in response to incidents of violence
targeting unarmed civilians; and
(4) take steps to facilitate entry of representatives of
the International Committee of the Red Cross, the United
Nations High Commissioner for Human Rights, and the United
Nations Special Rapporteur on the situation of human rights
defenders to inspect and respond to particular incidents of
such violence in a timely fashion.
SEC. 1287. EXCEPTION RELATING TO IMPORTATION OF GOODS.
(a) In General.--The authorities and requirements to impose
sanctions under this subtitle and the amendments made by this
subtitle shall not include the authority or a requirement to
impose sanctions on the importation of goods.
(b) Good Defined.--In this section, the term ``good'' has
the meaning given that term in section 16 of the Export
Administration Act of 1979 (50 U.S.C. 4618) (as continued in
effect pursuant to the International Emergency Economic
Powers Act (50 U.S.C. 1701 et seq.)).
______