CHAPTER 92 - COMPREHENSIVE IRAN SANCTIONS, ACCOUNTABILITY, AND DIVESTMENT
Title 22 > CHAPTER 92
Sections (43)
§ 8501 Findings
Congress makes the following findings: The illicit nuclear activities of the Government of Iran, combined with its development of unconventional weapons and ballistic missiles and its support for international terrorism, represent a threat to the security of the United States, its strong ally Israel, and other allies of the United States around the world. The United States and other responsible countries have a vital interest in working together to prevent the Government of Iran from acquiring a nuclear weapons capability. The International Atomic Energy Agency has repeatedly called attention to Iran’s illicit nuclear activities and, as a result, the United Nations Security Council has adopted a range of sanctions designed to encourage the Government of Iran to suspend those activities and comply with its obligations under the Treaty on the Non-Proliferation of Nuclear Weapons, done at Washington, London, and Moscow July 1, 1968 , and entered into force March 5, 1970 (commonly known as the “Nuclear Non-Proliferation Treaty”). The serious and urgent nature of the threat from Iran demands that the United States work together with its allies to do everything possible—diplomatically, politically, and economically—to prevent Iran from acquiring a nuclear weapons capability. The United States and its major European allies, including the United Kingdom, France, and Germany, have advocated that sanctions be strengthened should international diplomatic efforts fail to achieve verifiable suspension of Iran’s uranium enrichment program and an end to its nuclear weapons program and other illicit nuclear activities. The Government of Iran continues to engage in serious, systematic, and ongoing violations of human rights, including suppression of freedom of expression and religious freedom, illegitimately prolonged detention, torture, and executions. Such violations have increased in the aftermath of the fraudulent presidential election in Iran on June 12, 2009 . The Government of Iran has been unresponsive to President Obama’s unprecedented and serious efforts at engagement, revealing that the Government of Iran is not interested in a diplomatic resolution, as made clear, for example, by the following: Iran’s apparent rejection of the Tehran Research Reactor plan, generously offered by the United States and its partners, of potentially great benefit to the people of Iran, and endorsed by Iran’s own negotiators in October 2009. Iran’s ongoing clandestine nuclear program, as evidenced by its work on the secret uranium enrichment facility at Qom, its subsequent refusal to cooperate fully with inspectors from the International Atomic Energy Agency, and its announcement that it would build 10 new uranium enrichment facilities. Iran’s official notification to the International Atomic Energy Agency that it would enrich uranium to the 20 percent level, followed soon thereafter by its providing to that Agency a laboratory result showing that Iran had indeed enriched some uranium to 19.8 percent. A February 18, 2010 , report by the International Atomic Energy Agency expressing “concerns about the possible existence in Iran of past or current undisclosed activities related to the development of a nuclear payload for a missile. These alleged activities consist of a number of projects and sub-projects, covering nuclear and missile related aspects, run by military-related organizations.”. A May 31, 2010 , report by the International Atomic Energy Agency expressing continuing strong concerns about Iran’s lack of cooperation with the Agency’s verification efforts and Iran’s ongoing enrichment activities, which are contrary to the longstanding demands of the Agency and the United Nations Security Council. Iran’s announcement in April 2010 that it had developed a new, faster generation of centrifuges for enriching uranium. Iran’s ongoing arms exports to, and support for, terrorists in direct contravention of United Nations Security Council resolutions. Iran’s July 31, 2009 , arrest of 3 young citizens of the United States on spying charges. There is an increasing interest by State governments, local governments, educational institutions, and private institutions, business firms, and other investors to disassociate themselves from companies that conduct business activities in the energy sector of Iran, since such business activities may directly or indirectly support the efforts of the Government of Iran to achieve a nuclear weapons capability. Black market proliferation networks continue to flourish in the Middle East, allowing countries like Iran to gain access to sensitive dual-use technologies. Economic sanctions imposed pursuant to the provisions of this Act, the Iran Sanctions Act of 1996, as amended by this Act, and the International Emergency Economic Powers Act ( 50 U.S.C. 1701 et seq.), and other authorities available to the United States to impose economic sanctions to prevent Iran from developing nuclear weapons, are necessary to protect the essential security interests of the United States. ( Pub. L. 111–195, § 2 , July 1, 2010 , 124 Stat. 1313 .)
“SEC. 1 SHORT TITLE.
“This division may be cited as the ‘Mahsa Amini Human rights and Security Accountability Act’ or the ‘MAHSA Act’.
“SEC. 2 IMPOSITION OF SANCTIONS ON IRAN’S SUPREME LEADER’S OFFICE, ITS APPOINTEES, AND ANY AFFILIATED PERSONS.
(“(a) Findings.— Congress finds the following: The Supreme Leader is an institution of the Islamic Republic of Iran. The Supreme Leader holds ultimate authority over Iran’s judiciary and security apparatus, including the Ministry of Intelligence and Security, law enforcement forces under the Interior Ministry, the Islamic Revolutionary Guard Corps (IRGC), and the Basij, a nationwide volunteer paramilitary group subordinate to the IRGC, all of which have engaged in human rights abuses in Iran. Additionally the IRGC, a United States designated Foreign Terrorist Organization, which reports to the Supreme Leader, continues to perpetrate terrorism around the globe, including attempts to kill and kidnap American citizens on United States soil. The Supreme Leader appoints the head of Iran’s judiciary. International observers continue to criticize the lack of independence of Iran’s judicial system and maintained that trials disregarded international standards of fairness. The revolutionary courts, created by Iran’s former Supreme Leader Ruhollah Khomeini, within Iran’s judiciary, are chiefly responsible for hearing cases of political offenses, operate in parallel to Iran’s criminal justice system and routinely hold grossly unfair trials without due process, handing down predetermined verdicts and rubberstamping executions for political purpose. The Iranian security and law enforcement forces engage in serious human rights abuse at the behest of the Supreme Leader. Iran’s President, Ebrahim Raisi, sits at the helm of the most sanctioned cabinet in Iranian history which includes internationally sanctioned rights violators. Raisi has supported the recent crackdown on protestors and is a rights violator himself, having served on a ‘death commission’ in 1988 that led to the execution of several thousand political prisoners in Iran. He most recently served as the head of Iran’s judiciary, a position appointed by Iran’s current Supreme Leader Ali Khamenei, and may likely be a potential candidate to replace Khamenei as Iran’s next Supreme Leader. On September 16, 2022 , a 22-year-old woman, Mahsa Amini, died in the detention of the Morality Police after being beaten and detained for allegedly transgressing discriminatory dress codes for women. This tragic incident triggered widespread, pro-women’s rights, pro-democracy protests across all of Iran’s 31 provinces, calling for the end to Iran’s theocratic regime. In the course of the protests, the Iranian security forces’ violent crackdown includes mass arrests, well documented beating of protestors, throttling of the internet and telecommunications services, and shooting protestors with live ammunition. Iranian security forces have reportedly killed hundreds of protestors and other civilians, including women and children, and wounded many more. Iran’s Supreme Leader is the leader of the ‘Axis of Resistance’, which is a network of Tehran’s terror proxy and partner militias materially supported by the Islamic Revolutionary Guard Corps that targets the United States as well as its allies and partners.
(“(b) Sense of Congress.— It is the sense of Congress that— the United States shall stand with and support the people of Iran in their demand for fundamental human rights; the United States shall continue to hold the Islamic Republic of Iran, particularly the Supreme Leader and President, accountable for abuses of human rights, corruption, and export of terrorism; and Iran must immediately end its gross violations of internationally recognized human rights.
(“(c) In General.— Not later than 90 days after the date of the enactment of this division [ Apr. 24, 2024 ], and annually thereafter, the President shall— determine whether each foreign person described in subsection (d) meets the criteria for imposition of sanctions under one or more of the sanctions programs and authorities listed in paragraph (2); impose applicable sanctions against any foreign person determined to meet the criteria for imposition of sanctions pursuant to subparagraph (A) under the sanctions programs and authorities listed in subparagraph (A) or (F) of subsection (c)(2) and pursue applicable sanctions against any foreign person determined to meet the criteria for imposition of sanctions pursuant to subparagraph (A) under the sanctions programs and authorities listed in subparagraph (B), (C), (D), or (E) of subsection (c)(2); and submit to the appropriate congressional committees a report in unclassified form, with a classified annex provided separately if needed, containing— a list of all foreign persons described in subsection (d) that meet the criteria for imposition of sanctions under one or more of the sanctions programs and authorities listed in paragraph (2); and for each foreign person identified pursuant to clause (i)— a list of each sanctions program or authority listed in paragraph (2) for which the person meets the criteria for imposition of sanctions; a statement which, if any, of the sanctions authorized by any of the sanctions programs and authorities identified pursuant to subclause (I) have been imposed or will be imposed within 30 days of the submission of the report; and with respect to which any of the sanctions authorized by any of the sanctions programs and authorities identified pursuant to subclause (I) have not been imposed and will not be imposed within 30 days of the submission of the report, the specific authority under which otherwise applicable sanctions are being waived, have otherwise been determined not to apply, or are not being imposed and a complete justification of the decision to waive or otherwise not apply the sanctions authorized by such sanctions programs and authorities. The sanctions listed in this paragraph are the following: Sanctions described in section 105(c) of the Comprehensive Iran Sanctions, Accountability, and Divestment Act of 2010 ( 22 U.S.C. 8514(c) ). Sanctions applicable with respect to a person pursuant to Executive Order 13553 ( 50 U.S.C. 1701 note; relating to blocking property of certain persons with respect to serious human rights abuses by the Government of Iran). Sanctions applicable with respect to a person 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). Sanctions applicable with respect to a person pursuant to Executive Order 13818 [ 50 U.S.C. 1701 note] (relating to blocking the property of persons involved in serious human rights abuse or corruption). Sanctions applicable with respect to a person pursuant to Executive Order 13876 [ 50 U.S.C. 1701 note] (relating to imposing sanctions with respect to Iran). Penalties and visa bans applicable with respect to a person pursuant to section 7031(c) of the Department of State, Foreign Operations, and Related Programs Appropriations Act, 2021 [div. K of Pub. L. 116–260 ; former 8 U.S.C. 1182 note]. The determination required by paragraph (1) shall be provided in an unclassified form but may contain a classified annex provided separately containing additional contextual information pertaining to justification for the issuance of any waiver issued, as described in paragraph (1)(C)(ii). The unclassified portion of such determination shall be made available on a publicly available internet website of the Federal Government.
(“(d) Foreign Persons Described.— The foreign persons described in this subsection are the following: The Supreme Leader of Iran and any official in the Office of the Supreme Leader of Iran. The President of Iran and any official in the Office of the President of Iran or the President’s cabinet, including cabinet ministers and executive vice presidents. Any entity, including foundations and economic conglomerates, overseen by the Office of the Supreme Leader of Iran which is complicit in financing or resourcing of human rights abuses or support for terrorism. Any official of any entity owned or controlled by the Supreme Leader of Iran or the Office of the Supreme Leader of Iran. Any person determined by the President— to be a person appointed by the Supreme Leader of Iran, the Office of the Supreme Leader of Iran, the President of Iran, or the Office of the President of Iran to a position as a state official of Iran, or as the head of any entity located in Iran or any entity located outside of Iran that is owned or controlled by one or more entities in Iran; to have materially assisted, sponsored, or provided financial, material, or technological support for, or goods or services to or in support of any person whose property and interests in property are blocked pursuant to any sanctions program or authority listed in subsection (c)(2); to be owned or controlled by, or to have acted or purported to act for or on behalf of, directly or indirectly any person whose property and interests in property are blocked pursuant to any sanctions program or authority listed in subsection (c)(2); or to be a member of the board of directors or a senior executive officer of any person whose property and interests in property are blocked pursuant to any sanctions program or authority listed in subsection (c)(2).
(“(e) Congressional Oversight.— Not later than 60 days after receiving a request from the chairman and ranking member of one of the appropriate congressional committees with respect to whether a foreign person meets the criteria of a person described in subsection (d)(5), the President shall— determine if the person meets such criteria; and submit an unclassified report, with a classified annex provided separately if needed, to such chairman and ranking member with respect to such determination that includes a statement of whether or not the President imposed or intends to impose sanctions with respect to the person pursuant to any sanctions program or authority listed in subsection (c)(2). In this subsection, the term ‘appropriate congressional committees’ means— the Committee on Foreign Affairs, and the Committee on Financial Services of the House of Representatives; and the Committee on Foreign Relations and the Committee on Banking, Housing, and Urban Affairs of the Senate.
“SEC. 3 SEVERABILITY.
“If any provision of this division, or the application of such provision to any person or circumstance, is found to be unconstitutional, the remainder of this division, or the application of that provision to other persons or circumstances, shall not be affected.”
“SEC. 1 SHORT TITLE.
“This division may be cited as the ‘Holding Iranian Leaders Accountable Act of 2024’.
“SEC. 2 FINDINGS.
“The Congress finds the following: Iran is characterized by high levels of official and institutional corruption, and substantial involvement by Iran’s security forces, particularly the Islamic Revolutionary Guard Corps (IRGC), in the economy. The Department of Treasury in 2019 designated the Islamic Republic of Iran’s financial sector as a jurisdiction of primary money laundering concern, concluding, ‘Iran has developed covert methods for accessing the international financial system and pursuing its malign activities, including misusing banks and exchange houses, operating procurement networks that utilize front or shell companies, exploiting commercial shipping, and masking illicit transactions using senior officials, including those at the Central Bank of Iran (CBI).’. In June 2019, the Financial Action Task Force (FATF) urged all jurisdictions to require increased supervisory examination for branches and subsidiaries of financial institutions based in Iran. The FATF later called upon its members to introduce enhanced relevant reporting mechanisms or systematic reporting of financial transactions, and require increased external audit requirements, for financial groups with respect to any of their branches and subsidiaries located in Iran. According to the State Department’s ‘Country Reports on Terrorism’ in 2021, ‘Iran continued to be the leading state sponsor of terrorism, facilitating a wide range of terrorist and other illicit activities around the world. Regionally, Iran supported acts of terrorism in Bahrain, Iraq, Lebanon, Syria, and Yemen through proxies and partner groups such as Hizballah and Hamas.’.
“SEC. 3 REPORT ON FINANCIAL INSTITUTIONS AND ASSETS CONNECTED TO CERTAIN IRANIAN OFFICIALS.
(“(a) Financial Institutions and Assets Report.— Not later than 180 days after the date of the enactment of this division [ Apr. 24, 2024 ], and every 2 years thereafter, the President shall submit a report to the appropriate Members of Congress containing— the estimated total funds or assets that are under direct or indirect control by each of the natural persons described under subsection (b), and a description of such funds or assets, except that the President may limit coverage of the report to not fewer than 5 of such natural persons in order to meet the submission deadline described under this paragraph; a description of how such funds or assets were acquired, and how they have been used or employed; a list of any non-Iranian financial institutions that— maintain an account in connection with funds or assets described in subparagraph (A); or knowingly provide significant financial services to a natural person covered by the report; and a description of any illicit or corrupt means employed to acquire or use such funds or assets. The requirements described under paragraph (1) may not be applied with respect to a natural person or a financial institution, as the case may be, if the President determines: The funds or assets described under subparagraph (A) of paragraph (1) were acquired through legal or noncorrupt means. The natural person has agreed to provide significant cooperation to the United States for an important national security or law enforcement purpose with respect to Iran. A financial institution that would otherwise be listed in the report required by paragraph (1) has agreed to— no longer maintain an account described under subparagraph (C)(i) of paragraph (1); no longer provide significant financial services to a natural person covered by the report; or provide significant cooperation to the United States for an important national security or law enforcement purpose with respect to Iran. The President may waive for up to 1 year at a time any requirement under paragraph (1) with respect to a natural person or a financial institution after reporting in writing to the appropriate Members of Congress that the waiver is in the national interest of the United States, with a detailed explanation of the reasons therefor.
(“(b) Persons Described.— The natural persons described in this subsection are the following: The Supreme Leader of Iran. The President of Iran. The members of the Council of Guardians. The members of the Expediency Council. The Minister of Intelligence and Security. The Commander and the Deputy Commander of the IRGC. The Commander and the Deputy Commander of the IRGC Ground Forces. The Commander and the Deputy Commander of the IRGC Aerospace Force. The Commander and the Deputy Commander of the IRGC Navy. The Commander of the Basij-e Mostaz’afin. The Commander of the Qods Force. The Commander in Chief of the Police Force. The head of the IRGC Joint Staff. The Commander of the IRGC Intelligence. The head of the IRGC Imam Hussein University. The Supreme Leader’s Representative at the IRGC. The Chief Executive Officer and the Chairman of the IRGC Cooperative Foundation. The Commander of the Khatam-al-Anbia Construction Head Quarter. The Chief Executive Officer of the Basij Cooperative Foundation. The head of the Political Bureau of the IRGC. The senior leadership as determined by the President of the following groups: Hizballah. Hamas. Palestinian Islamic Jihad. Kata’ib Hizballah.
(“(c) Form of Report; Public Availability.— The report required under subsection (a) and any waiver under subsection (a)(3) shall be submitted in unclassified form but may contain a classified annex. The Secretary shall make the unclassified portion of such report public if the Secretary notifies the appropriate Members of Congress that the publication is in the national interest of the United States and would substantially promote— deterring or sanctioning official corruption in Iran; holding natural persons or financial institutions listed in the report accountable to the people of Iran; combating money laundering or the financing of terrorism; or achieving any other strategic objective with respect to the Government of Iran. If the Secretary makes the unclassified portion of a report public pursuant to paragraph (2), the Secretary shall make it available to the public on the website of the Department of the Treasury— in English, Farsi, Arabic, and Azeri; and in precompressed, easily downloadable versions that are made available in all appropriate formats.
(“(d) Report and Briefing on Iranian Assets and Licenses.— Not later than 30 days after the date of the enactment of this division [ Apr. 24, 2024 ], the Secretary of the Treasury shall submit to the appropriate members of Congress a report and provide to the appropriate congressional committees a briefing— identifying— all assets of the Government of Iran or covered persons valued at more than $5,000,000 and blocked by the United States pursuant to any provision of law; and for each such asset— the country in which the asset is held; the financial institution in which the asset is held; and the approximate value of the asset; and setting forth a list of all general licenses, specific licenses, action letters, comfort letters, statements of licensing policy, answers to frequently asked questions, or other exemptions issued by the Secretary with respect to sanctions relating to Iran that are in effect as of the date of the report. The report and briefing required by paragraph (1) shall be submitted or provided, as the case may be, in unclassified form. The report and briefing required by paragraph (1) shall be submitted or provided, as the case may be, in classified form. In this section, the term ‘covered person’ means— an individual who is a citizen or national of Iran and is acting on behalf of the Government of Iran; an entity organized under the laws of Iran or otherwise subject to the jurisdiction of the Government of Iran; and an individual or entity that provides material, tactical, operational, developmental, or financial support to— the Islamic Revolutionary Guard Corps; any agency or instrumentality of the armed forces of Iran; any agency or instrumentality related to the nuclear program of Iran; or any organization designated as a foreign terrorist organization under section 219 of the Immigration and Nationality Act ( 8 U.S.C. 1189 ), including Hamas, Hezbollah, Palestinian Islamic Jihad, alQa’ida, and al-Shabaab.
“SEC. 4 RESTRICTIONS ON CERTAIN FINANCIAL INSTITUTIONS.
(“(a) In General.— Not later than the date that is 90 days after submitting a report described under section 3(a)(1), the Secretary shall undertake the following with respect to a financial institution that is described under section 3(a)(1)(C) and listed in the report: If the financial institution is a United States financial institution, require the closure of any account described in section 3(a)(1)(C)(i), and prohibit the provision of significant financial services, directly or indirectly, to a natural person covered by the report. If the financial institution is a foreign financial institution, actively seek the closure of any account described in section 3(a)(1)(C)(i), and the cessation of significant financial services to a natural person covered by the report, using any existing authorities of the Secretary, as appropriate.
(“(b) Suspension.— The Secretary may suspend the application of subsection (a) with respect to a financial institution upon reporting to the appropriate Members of Congress that the suspension is in the national interest of the United States, with a detailed explanation of the reasons therefor.
“SEC. 5 EXCEPTIONS FOR NATIONAL SECURITY; IMPLEMENTATION AUTHORITY.
“The following activities shall be exempt from requirements under sections 3 and 4: Any activity subject to the reporting requirements under title V of the National Security Act of 1947 ( 50 U.S.C. 3091 et seq.), or to any authorized intelligence activities of the United States. The admission of an alien to the United States if such admission is necessary to comply with United States obligations under the Agreement between the United Nations and the United States of America regarding the Headquarters of the United Nations, signed at Lake Success June 26, 1947 , and entered into force November 21, 1947 , or under the Convention on Consular Relations, done at Vienna April 24, 1963 , and entered into force March 19, 1967 , or other applicable international obligations of the United States. The conduct or facilitation of a transaction for the sale of agricultural commodities, food, medicine, or medical devices to Iran or for the provision of humanitarian assistance to the people of Iran, including engaging in a financial transaction relating to humanitarian assistance or for humanitarian purposes or transporting goods or services that are necessary to carry out operations relating to humanitarian assistance or humanitarian purposes.
“SEC. 6 SUNSET.
“The provisions of this division shall have no force or effect on the earlier of— the date that is 5 years after the date of enactment of this division [ Apr. 24, 2024 ]; or 30 days after the Secretary reports in writing to the appropriate Members of Congress that— Iran is not a jurisdiction of primary money laundering concern; or the Government of Iran is providing significant cooperation to the United States for the purpose of preventing acts of international terrorism, or for the promotion of any other strategic objective that is important to the national interest of the United States, as specified in the report by the Secretary.
“SEC. 7 DEFINITIONS.
“For purposes of this division: The term ‘appropriate Members of Congress’ means the Speaker and Minority Leader of the House of Representatives, the Majority Leader and Minority Leader of the Senate, the Chairman and Ranking Member of the Committee on Foreign Affairs and the Committee on Financial Services of the House of Representatives, and the Chairman and Ranking Member of the Committee on Foreign Relations and the Committee on Banking, Housing, and Urban Affairs of the Senate. The term ‘financial institution’ means a United States financial institution or a foreign financial institution. The term ‘foreign financial institution’ has the meaning given that term in section 561.308 of title 31, Code of Federal Regulations. The term ‘funds’ means— cash; equity; any other asset whose value is derived from a contractual claim, including bank deposits, bonds, stocks, a security as defined in section 2(a) of the Securities Act of 1933 ( 15 U.S.C. 77b(a) ), or a security or an equity security as defined in section 3(a) of the Securities Exchange Act of 1934 ( 15 U.S.C. 78c(a) ); and anything else that the Secretary determines appropriate. 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. The term ‘Secretary’ means the Secretary of the Treasury. The term ‘United States financial institution’ has the meaning given the term ‘U.S. financial institution’ under section 561.309 of title 31, Code of Federal Regulations.”
§ 8511 Definitions
In this subchapter: The term “agricultural commodity” has the meaning given that term in section 5602 of title 7 . The term “appropriate congressional committees” has the meaning given that term in section 14 of the Iran Sanctions Act of 1996 ( Public Law 104–172 ; 50 U.S.C. 1701 note), as amended by section 102 of this Act. The term “executive agency” has the meaning given that term in section 133 of title 41 . The term “family member” means, with respect to an individual, a spouse, child, parent, sibling, grandchild, or grandparent of the individual. The term “Iranian diplomat or representative of another government or military or quasi-governmental institution of Iran” means any of the Iranian diplomats and representatives of other government and military or quasi-governmental institutions of Iran (as that term is defined in section 14 of the Iran Sanctions Act of 1996 ( Public Law 104–172 ; 50 U.S.C. 1701 note)). 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. The term “medical device” has the meaning given the term “device” in section 321 of title 21 . The term “medicine” has the meaning given the term “drug” in section 321 of title 21 . The term “State” means each of the several States, the District of Columbia, the Commonwealth of Puerto Rico, the Commonwealth of the Northern Mariana Islands, American Samoa, Guam, the United States Virgin Islands, and any other territory or possession of the United States. The term “United States person” means— a natural person who is a citizen or resident of the United States or a national of the United States (as defined in section 1101(a) of title 8 ; 1 and an entity that is organized under the laws of the United States or any State. ( Pub. L. 111–195, title I, § 101 , July 1, 2010 , 124 Stat. 1316 ; Pub. L. 112–158, title III, § 311(b)(2) , Aug. 10, 2012 , 126 Stat. 1248 .)
§ 8512 Economic sanctions relating to Iran
(a) In general Notwithstanding section 101 of the Iran Freedom Support Act ( Public Law 109–293 ; 120 Stat. 1344 ), and in addition to any other sanction in effect, beginning on the date that is 90 days after July 1, 2010 , the economic sanctions described in subsection (b) shall apply with respect to Iran.
(b) Sanctions The sanctions described in this subsection are the following: Except as provided in subparagraph (B), no good or service of Iranian origin may be imported directly or indirectly into the United States. The exceptions provided for in section 203(b) of the International Emergency Economic Powers Act ( 50 U.S.C. 1702(b) ), including the exception for information and informational materials, shall apply to the prohibition in subparagraph (A) of this paragraph to the same extent that such exceptions apply to the authority provided under section 203(a) of that Act. Except as provided in subparagraph (B), no good, service, or technology of United States origin may be exported to Iran from the United States or by a United States person, wherever located. The exceptions provided for in section 203(b) of the International Emergency Economic Powers Act ( 50 U.S.C. 1702(b) ), including the exception for information and informational materials, shall apply to the prohibition in subparagraph (A) of this paragraph to the same extent that such exceptions apply to the authority provided under section 203(a) of that Act. The prohibition in subparagraph (A) shall not apply to the exportation of— agricultural commodities, food, medicine, or medical devices; or articles exported to Iran to provide humanitarian assistance to the people of Iran. The prohibition in subparagraph (A) shall not apply to the exportation of— services incident to the exchange of personal communications over the Internet or software necessary to enable such services, as provided for in section 560.540 of title 31, Code of Federal Regulations (or any corresponding similar regulation or ruling); hardware necessary to enable such services; or hardware, software, or technology necessary for access to the Internet. The prohibition in subparagraph (A) shall not apply to the exportation of goods, services, or technologies necessary to ensure the safe operation of commercial aircraft produced in the United States or commercial aircraft into which aircraft components produced in the United States are incorporated, if the exportation of such goods, services, or technologies is approved by the Secretary of the Treasury, in consultation with the Secretary of Commerce, pursuant to regulations issued by the Secretary of the Treasury regarding the exportation of such goods, services, or technologies, if appropriate. The prohibition in subparagraph (A) shall not apply to the exportation of goods, services, or technologies that— are provided to the International Atomic Energy Agency and are necessary to support activities of that Agency in Iran; or are necessary to support activities, including the activities of nongovernmental organizations, relating to promoting democracy in Iran. The prohibition in subparagraph (A) shall not apply to the exportation of goods, services, or technologies if the President determines the exportation of such goods, services, or technologies to be in the national interest of the United States. At such time as the President determines that a person in Iran, including an Iranian diplomat or representative of another government or military or quasi-governmental institution of Iran (including Iran’s Revolutionary Guard Corps and its affiliates), satisfies the criteria for designation with respect to the imposition of sanctions under the authority of the International Emergency Economic Powers Act ( 50 U.S.C. 1701 et seq.), the President shall take such action as may be necessary to freeze, as soon as possible— the funds and other assets belonging to that person; and any funds or other assets that person transfers, on or after the date on which the President determines the person satisfies such criteria, to any family member or associate acting for or on behalf of the person. The action described in subparagraph (A) includes requiring any United States financial institution that holds funds or assets of a person described in that subparagraph or funds or assets that person transfers to a family member or associate described in that subparagraph to report promptly to the Office of Foreign Assets Control information regarding such funds and assets. Not later than 14 days after a decision is made to freeze the funds or assets of any person under subparagraph (A), the President shall report the name of the person to the appropriate congressional committees. Such a report may contain a classified annex. The President shall release assets or funds frozen under subparagraph (A) if the person to which the assets or funds belong or the person that transfers the assets or funds as described in subparagraph (A)(ii) (as the case may be) no longer satisfies the criteria for designation with respect to the imposition of sanctions under the authority of the International Emergency Economic Powers Act ( 50 U.S.C. 1701 et seq.). In this paragraph, the term “United States financial institution” means a financial institution (as defined in section 14 of the Iran Sanctions Act of 1996 ( Public Law 104–172 ; 50 U.S.C. 1701 note)) that is a United States person.
(c) 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 this section or regulations prescribed under this section to the same extent that such penalties apply to a person that commits an unlawful act described in section 206(a) of that Act.
(d) Regulatory authority The President shall prescribe regulations to carry out this section, which may include regulatory exceptions to the sanctions described in subsection (b). No exception to the prohibition under subsection (b)(1) may be made for the commercial importation of an Iranian origin good described in section 560.534(a) of title 31, Code of Federal Regulations (as in effect on the day before July 1, 2010 ), unless the President— prescribes a regulation providing for such an exception on or after July 1, 2010 ; and submits to the appropriate congressional committees— a certification in writing that the exception is in the national interest of the United States; and a report describing the reasons for the exception.
§ 8513 Mandatory sanctions with respect to financial institutions that engage in certain transactions
(a) Findings Congress makes the following findings: The Financial Action Task Force is an intergovernmental body whose purpose is to develop and promote national and international policies to combat money laundering and terrorist financing. Thirty-three countries, plus the European Commission and the Cooperation Council for the Arab States of the Gulf, belong to the Financial Action Task Force. The member countries of the Financial Action Task Force include the United States, Canada, most countries in western Europe, Russia, the People’s Republic of China, Japan, South Korea, Argentina, and Brazil. In 2008 the Financial Action Task Force extended its mandate to include addressing “new and emerging threats such as proliferation financing”, meaning the financing of the proliferation of weapons of mass destruction, and published “guidance papers” for members to assist them in implementing various United Nations Security Council resolutions dealing with weapons of mass destruction, including United Nations Security Council Resolutions 1737 (2006) and 1803 (2008), which deal specifically with proliferation by Iran. The Financial Action Task Force has repeatedly called on members— to advise financial institutions in their jurisdictions to give special attention to business relationships and transactions with Iran, including Iranian companies and financial institutions; to apply effective countermeasures to protect their financial sectors from risks relating to money laundering and financing of terrorism that emanate from Iran; to protect against correspondent relationships being used by Iran and Iranian companies and financial institutions to bypass or evade countermeasures and risk-mitigation practices; and to take into account risks relating to money laundering and financing of terrorism when considering requests by Iranian financial institutions to open branches and subsidiaries in their jurisdictions. At a February 2010 meeting of the Financial Action Task Force, the Task Force called on members to apply countermeasures “to protect the international financial system from the ongoing and substantial money laundering and terrorist financing (ML/TF) risks” emanating from Iran.
(b) Sense of Congress regarding the imposition of sanctions on the Central Bank of Iran Congress— acknowledges the efforts of the United Nations Security Council to impose limitations on transactions involving Iranian financial institutions, including the Central Bank of Iran; and urges the President, in the strongest terms, to consider immediately using the authority of the President to impose sanctions on the Central Bank of Iran and any other Iranian financial institution engaged in proliferation activities or support of terrorist groups.
(c) Prohibitions and conditions with respect to certain accounts held by foreign financial institutions Not later than 90 days after July 1, 2010 , 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). A foreign financial institution engages in an activity described in this paragraph if the foreign financial institution— facilitates the efforts of the Government of Iran (including efforts of Iran’s Revolutionary Guard Corps or any of its agents or affiliates)— to acquire or develop weapons of mass destruction or delivery systems for weapons of mass destruction; or to provide support for organizations designated as foreign terrorist organizations under section 1189(a) of title 8 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)); facilitates the activities of— a person subject to financial sanctions pursuant to United Nations Security Council Resolution 1737 (2006), 1747 (2007), 1803 (2008), or 1929 (2010), or any other resolution that is agreed to by the Security Council and imposes sanctions with respect to Iran; or a person acting on behalf of or at the direction of, or owned or controlled by, a person described in clause (i); engages in money laundering to carry out an activity described in subparagraph (A) or (B); facilitates efforts by the Central Bank of Iran or any other Iranian financial institution to carry out an activity described in subparagraph (A) or (B); or facilitates a significant transaction or transactions or provides significant financial services for— Iran’s Revolutionary Guard Corps 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.); or a person whose property or interests in property are blocked pursuant to that Act in connection with— Iran’s proliferation of weapons of mass destruction or delivery systems for weapons of mass destruction; or Iran’s support for international terrorism. 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) of this subsection to the same extent that such penalties apply to a person that commits an unlawful act described in section 206(a) of that Act. For purposes of paragraph (2)(E), the Secretary of the Treasury shall, not later than 45 days after August 10, 2012 — determine whether the NIOC or the NITC is an agent or affiliate of Iran’s Revolutionary Guard Corps; and submit to the appropriate congressional committees a report on the determinations made under clause (i), together with the reasons for those determinations. A report submitted under subparagraph (A)(ii) shall be submitted in unclassified form but may contain a classified annex. Except as provided in clause (ii), if the Secretary of the Treasury determines that the NIOC or the NITC is a person described in clause (i) or (ii) of paragraph (2)(E), the regulations prescribed under paragraph (1) shall apply with respect to a significant transaction or transactions or significant financial services knowingly facilitated or provided by a foreign financial institution for the NIOC or the NITC, as applicable, for the purchase of petroleum or petroleum products from Iran, only if a determination of the President under section 8513a(d)(4)(B) of this title that there is a sufficient supply of petroleum and petroleum products produced in countries other than Iran to permit purchasers of petroleum and petroleum products from Iran to reduce significantly their purchases from Iran is in effect at the time of the transaction or the provision of the service. If the Secretary of the Treasury determines that the NIOC or the NITC is a person described in clause (i) or (ii) of paragraph (2)(E), the regulations prescribed under paragraph (1) shall not apply to a significant transaction or transactions or significant financial services knowingly facilitated or provided by a foreign financial institution for the NIOC or the NITC, as applicable, for the purchase of petroleum or petroleum products from Iran if an exception under paragraph (4)(D) of section 8513a(d) of this title applies to the country with primary jurisdiction over the foreign financial institution at the time of the transaction or the provision of the service. The exceptions in clauses (i) and (ii) shall not be construed to limit the authority of the Secretary of the Treasury to impose sanctions pursuant to the regulations prescribed under paragraph (1) for an activity described in paragraph (2) to the extent the activity would meet the criteria described in that paragraph in the absence of the involvement of the NIOC or the NITC. In this paragraph: The term “NIOC” means the National Iranian Oil Company. The term “NITC” means the National Iranian Tanker Company.
(d) Penalties for domestic financial institutions for actions of persons owned or controlled by such financial institutions Not later than 90 days after July 1, 2010 , 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 Iran’s Revolutionary Guard Corps 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.). 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 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 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.
(e) Requirements for financial institutions maintaining accounts for foreign financial institutions 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 one or more of the following: Perform an audit of activities described in subsection (c)(2) that may be carried out by the foreign financial institution. Report to the Department of the Treasury with respect to transactions or other financial services provided with respect to any such activity. Certify, to the best of the knowledge of the domestic financial institution, that the foreign financial institution is not knowingly engaging in any such activity. Establish due diligence policies, procedures, and controls, such as the due diligence policies, procedures, and controls described in section 5318(i) of title 31 , reasonably designed to detect whether the Secretary of the Treasury has found the foreign financial institution to knowingly engage in any such activity. The penalties provided for in sections 5321(a) and 5322 of title 31 shall apply to a person that violates a regulation prescribed under paragraph (1) of this subsection, 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.
(f) 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 (c) or section 8513b of this title or the imposition of a penalty under subsection (d) with respect to a domestic financial institution on and after the date that is 30 days after the Secretary— determines that such a waiver is necessary to the national interest of the United States; and submits to the appropriate congressional committees a report describing the reasons for the determination.
(g) Procedures for judicial review of classified information If a finding under paragraph (1) or (4) of subsection (c) or section 8513b of this title , a prohibition, condition, or penalty imposed as a result of any such finding, or a penalty imposed under subsection (d), 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. Nothing in this subsection shall be construed to confer or imply any right to judicial review of any finding under paragraph (1) or (4) of subsection (c) or section 8513b of this title , any prohibition, condition, or penalty imposed as a result of any such finding, or any penalty imposed under subsection (d).
(h) Consultations in implementation of regulations In implementing this section and the regulations prescribed under this section, the Secretary of the Treasury— shall consult with the Secretary of State; and 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.
(i) Definitions In this section: The terms “account”, “correspondent account”, and “payable-through account” have the meanings given those terms in section 5318A of title 31 . 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. The term “financial institution” means a financial institution specified in subparagraph (A), (B), (C), (D), (E), (F), (G), (H), (I), (J), (M), or (Z) of section 5312(a)(2) of title 31 . The terms “foreign financial institution” and “domestic financial institution” shall have the meanings of those terms as determined by the Secretary of the Treasury. 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. The Secretary of the Treasury may further define the terms used in this section in the regulations prescribed under this section.
§ 8513a Imposition of sanctions with respect to the financial sector of Iran
(a) Findings Congress makes the following findings: On November 21, 2011 , the Secretary of the Treasury issued a finding under section 5318A of title 31 that identified Iran as a jurisdiction of primary money laundering concern. In that finding, the Financial Crimes Enforcement Network of the Department of the Treasury wrote, “The Central Bank of Iran, which regulates Iranian banks, has assisted designated Iranian banks by transferring billions of dollars to these banks in 2011. In mid-2011, the CBI transferred several billion dollars to designated banks, including Saderat, Mellat, EDBI and Melli, through a variety of payment schemes. In making these transfers, the CBI attempted to evade sanctions by minimizing the direct involvement of large international banks with both CBI and designated Iranian banks.”. On November 22, 2011 , the Under Secretary of the Treasury for Terrorism and Financial Intelligence, David Cohen, wrote, “Treasury is calling out the entire Iranian banking sector, including the Central Bank of Iran, as posing terrorist financing, proliferation financing, and money laundering risks for the global financial system.”.
(b) Designation of financial sector of Iran as of primary money laundering concern The financial sector of Iran, including the Central Bank of Iran, is designated as a primary money laundering concern for purposes of section 5318A of title 31 because of the threat to government and financial institutions resulting from the illicit activities of the Government of Iran, including its pursuit of nuclear weapons, support for international terrorism, and efforts to deceive responsible financial institutions and evade sanctions.
(c) Freezing of assets of Iranian financial institutions 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 an Iranian financial institution 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.
(d) Imposition of sanctions with respect to the Central Bank of Iran and other Iranian financial institutions Except as specifically provided in this subsection, beginning on the date that is 60 days after December 31, 2011 , the President— shall prohibit the opening, and prohibit or impose strict conditions on the maintaining, in the United States of a correspondent account or a payable-through account by a foreign financial institution that the President determines has knowingly conducted or facilitated any significant financial transaction with the Central Bank of Iran or another Iranian financial institution designated by the Secretary of the Treasury for the imposition of sanctions pursuant to the International Emergency Economic Powers Act ( 50 U.S.C. 1701 et seq.); and may impose sanctions pursuant to the International Emergency Economic Powers Act ( 50 U.S.C. 1701 et seq.) with respect to the Central Bank of Iran. The President may not impose sanctions under paragraph (1) with respect to any person for conducting or facilitating a transaction for the sale of agricultural commodities, food, medicine, or medical devices to Iran. Except as provided in paragraph (4), sanctions imposed under paragraph (1)(A) shall apply with respect to a central bank of a foreign country, only insofar as it engages in a financial transaction for the sale or purchase of petroleum or petroleum products to or from Iran conducted or facilitated on or after that date that is 180 days after December 31, 2011 . Not later than October 25, 2012 , and the last Thursday of every other month thereafter, the Administrator of the Energy Information Administration, in consultation with the Secretary of the Treasury, the Secretary of State, and the Director of National Intelligence, shall submit to Congress a report on the availability and price of petroleum and petroleum products produced in countries other than Iran in the 2-month period preceding the submission of the report. Not later than 90 days after December 31, 2011 , and every 180 days thereafter, the President shall make a determination, based on the reports required by subparagraph (A), of whether the price and supply of petroleum and petroleum products produced in countries other than Iran is sufficient to permit purchasers of petroleum and petroleum products from Iran to reduce significantly in volume their purchases from Iran. Except as provided in subparagraph (D), sanctions imposed under paragraph (1)(A) shall apply with respect to a financial transaction conducted or facilitated by a foreign financial institution on or after the date that is 180 days after December 31, 2011 , for the purchase of petroleum or petroleum products from Iran if the President determines pursuant to subparagraph (B) that there is a sufficient supply of petroleum and petroleum products from countries other than Iran to permit a significant reduction in the volume of petroleum and petroleum products purchased from Iran by or through foreign financial institutions. Sanctions imposed pursuant to paragraph (1) shall not apply with respect to a financial transaction described in clause (ii) conducted or facilitated by a foreign financial institution if the President determines and reports to Congress, not later than 90 days after the date on which the President makes the determination required by subparagraph (B), and every 180 days thereafter, that the country with primary jurisdiction over the foreign financial institution— has significantly reduced reduced 1 its volume of crude oil purchases from Iran during the period beginning on the date on which the President submitted the last report with respect to the country under this subparagraph; or in the case of a country that has previously received an exception under this subparagraph, has, after receiving the exception, reduced its crude oil purchases from Iran to zero. A financial transaction conducted or facilitated by a foreign financial institution is described in this clause if— the financial transaction is only for trade in goods or services between the country with primary jurisdiction over the foreign financial institution and Iran; and any funds owed to Iran as a result of such trade are credited to an account located in the country with primary jurisdiction over the foreign financial institution. For the purpose of paragraph (1)(A), a “significant financial transaction” shall include, based on relevant facts and circumstances, any transaction— by a Chinese financial institution (without regard to the size, number, frequency, or nature of the transaction) involving the purchase of petroleum or petroleum products from Iran; and by a foreign financial institution (without regard to the size, number, frequency, or nature of the transaction) involving the purchase of Iranian unmanned aerial vehicles (UAVs), UAV parts, or related systems. Not later than 180 days after April 24, 2024 , and every year thereafter for 5 years, the President shall— determine whether any— Chinese financial institution has engaged in a significant financial transaction as described in paragraph (1)(A)(i); and financial institution has engaged in a significant financial transaction as described in paragraph (1)(A)(ii); and transmit the determination under clause (i) to the Committee on Foreign Affairs and the Committee on Financial Services of the House of Representatives and to the Committee on Foreign Relations and the Committee on Banking, Housing, and Urban Affairs of the Senate. The President may waive the imposition of sanctions under paragraph (1) for a period of not more than 120 days, and may renew that waiver for additional periods of not more than 120 days, if the President— determines that such a waiver is in the national security interest of the United States; and submits to Congress a report— providing a justification for the waiver; certifying that the country with primary jurisdiction over the foreign financial institution otherwise subject to the sanctions faced exceptional circumstances that prevented the country from being able to reduce significantly its purchases of petroleum and petroleum products from Iran; and that includes any concrete cooperation the President has received or expects to receive as a result of the waiver.
(e) Multilateral diplomacy initiative The President shall— carry out an initiative of multilateral diplomacy to persuade countries purchasing oil from Iran— to limit the use by Iran of revenue from purchases of oil to purchases of non-luxury consumers goods from the country purchasing the oil; and to prohibit purchases by Iran of— military or dual-use technology, including items— in the Annex to the Missile Technology Control Regime Guidelines; in the Annex on Chemicals to the Convention on the Prohibition of the Development, Production, Stockpiling and Use of Chemical Weapons and on their Destruction, done at Paris January 13, 1993 , and entered into force April 29, 1997 (commonly known as the “Chemical Weapons Convention”); in Part 1 or 2 of the Nuclear Suppliers Group Guidelines; or on a control list of the Wassenaar Arrangement on Export Controls for Conventional Arms and Dual-Use Goods and Technologies; or any other item that could contribute to Iran’s conventional, nuclear, chemical, or biological weapons program; and conduct outreach to petroleum-producing countries to encourage those countries to increase their output of crude oil to ensure there is a sufficient supply of crude oil from countries other than Iran and to minimize any impact on the price of oil resulting from the imposition of sanctions under this section. Not later than 180 days after December 31, 2011 , and every 180 days thereafter, the President shall submit to Congress a report on the efforts of the President to carry out the initiative described in paragraph (1)(A) and conduct the outreach described in paragraph (1)(B) and the results of those efforts.
(f) Form of reports Each report submitted under this section shall be submitted in unclassified form, but may contain a classified annex.
(g) Implementation; penalties The President may exercise all authorities provided under sections 203 and 205 of the International Emergency Economic Powers Act ( 50 U.S.C. 1702 and 1704) to carry out this section. 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 this section or regulations prescribed under this section to the same extent that such penalties apply to a person that commits an unlawful act described in section 206(a) of that Act.
(h) Definitions In this section: The terms “account”, “correspondent account”, and “payable-through account” have the meanings given those terms in section 5318A of title 31 . The term “foreign financial institution” has the meaning of that term as determined by the Secretary of the Treasury pursuant to section 8513(i) of this title . The terms “reduce significantly”, “significant reduction”, and “significantly reduced”, with respect to purchases from Iran of petroleum and petroleum products, include a reduction in such purchases in terms of price or volume toward a complete cessation of such purchases. The term “United States person” means— a natural person who is a citizen or resident of the United States or a national of the United States (as defined in section 1101(a) of title 8 ); and an entity that is organized under the laws of the United States or a jurisdiction within the United States.
(i) Termination The provisions of this section shall terminate on the date that is 30 days after the date on which the President submits to Congress the certification described in section 8551(a) of this title .
§ 8513b Expansion of, and reports on, mandatory sanctions with respect to financial institutions that engage in certain activities
(a) In general Not later than 90 days after August 10, 2012 , the Secretary of the Treasury shall revise the regulations prescribed under section 8513(c)(1) of this title to apply to a foreign financial institution described in subsection (b) to the same extent and in the same manner as those regulations apply to a foreign financial institution that the Secretary of the Treasury finds knowingly engages in an activity described in section 8513(c)(2) of this title .
(b) Foreign financial institutions described A foreign financial institution described in this subsection is a foreign financial institution, including an Iranian financial institution, that the Secretary of the Treasury finds— knowingly facilitates, or participates or assists in, an activity described in section 8513(c)(2) of this title , including by acting on behalf of, at the direction of, or as an intermediary for, or otherwise assisting, another person with respect to the activity; attempts or conspires to facilitate or participate in such an activity; or is owned or controlled by a foreign financial institution that the Secretary finds knowingly engages in such an activity.
(c) Reports required Not later than 180 days after August 10, 2012 , and every 180 days thereafter, the Secretary of the Treasury shall submit to the appropriate congressional committees a report that contains a detailed description of— the effect of the regulations prescribed under section 8513(c)(1) of this title on the financial system and economy of Iran and capital flows to and from Iran; and the ways in which funds move into and out of financial institutions described in section 8513(c)(2)(E)(ii) of this title , with specific attention to the use of other Iranian financial institutions and other foreign financial institutions to receive and transfer funds for financial institutions described in that section. Each report submitted under paragraph (1) shall be submitted in unclassified form but may contain a classified annex.
(d) Definitions In this section: The term “financial institution” means a financial institution specified in subparagraph (A), (B), (C), (D), (E), (F), (G), (H), (I), (J), (K), (M), (N), (R), or (Z) of section 5312(a)(2) of title 31 . The term “foreign financial institution” has the meaning of that term as determined by the Secretary of the Treasury pursuant to section 8513(i) of this title . The term “Iranian financial institution” means— a financial institution organized under the laws of Iran or any jurisdiction within Iran, including a foreign branch of such an institution; a financial institution located in Iran; a financial institution, wherever located, owned or controlled by the Government of Iran; and a financial institution, wherever located, owned or controlled by a financial institution described in subparagraph (A), (B), or (C).
§ 8514 Imposition of sanctions on certain persons who are responsible for or complicit in human rights abuses committed against citizens of Iran or their family members after the June 12, 2009, elections in Iran
(a) In general The President shall impose sanctions described in subsection (c) with respect to each person on the list required by subsection (b).
(b) List of persons who are responsible for or complicit in certain human rights abuses Not later than 90 days after July 1, 2010 , the President shall submit to the appropriate congressional committees a list of persons who are officials of the Government of Iran or persons acting on behalf of that Government (including members of paramilitary organizations such as Ansar-e-Hezbollah and Basij-e Mostaz’afin), that the President determines, based on credible evidence, are responsible for or complicit in, or responsible for ordering, controlling, or otherwise directing, the commission of serious human rights abuses against citizens of Iran or their family members on or after June 12, 2009 , regardless of whether such abuses occurred in Iran. The President shall submit to the appropriate congressional committees an updated list under paragraph (1)— not later than 270 days after July 1, 2010 , and every 180 days thereafter; and as new information becomes available. The list required by paragraph (1) shall be submitted in unclassified form but may contain a classified annex. The unclassified portion of the list required by paragraph (1) shall be made available to the public and posted on the websites of the Department of the Treasury and the Department of State. In preparing the list required by paragraph (1), the President shall consider credible data already obtained by other countries and nongovernmental organizations, including organizations in Iran, that monitor the human rights abuses of the Government of Iran.
(c) Sanctions described The sanctions described in this subsection are ineligibility for a visa to enter the United States and sanctions pursuant to the International Emergency Economic Powers Act ( 50 U.S.C. 1701 et seq.), including blocking of property and restrictions or prohibitions on financial transactions and the exportation and importation of property, subject to such regulations as the President may prescribe, including regulatory exceptions to permit the United States to comply with the Agreement between the United Nations and the United States of America regarding the Headquarters of the United Nations, signed June 26, 1947 , and entered into force November 21, 1947 , and other applicable international obligations.
(d) Termination of sanctions The provisions of this section shall terminate on the date on which the President determines and certifies to the appropriate congressional committees that the Government of Iran has— unconditionally released all political prisoners, including the citizens of Iran detained in the aftermath of the June 12, 2009 , presidential election in Iran; ceased its practices of violence, unlawful detention, torture, and abuse of citizens of Iran while engaging in peaceful political activity; conducted a transparent investigation into the killings, arrests, and abuse of peaceful political activists that occurred in the aftermath of the June 12, 2009 , presidential election in Iran and prosecuted the individuals responsible for such killings, arrests, and abuse; and made public commitments to, and is making demonstrable progress toward— establishing an independent judiciary; and respecting the human rights and basic freedoms recognized in the Universal Declaration of Human Rights.
§ 8514a Imposition of sanctions with respect to the transfer of goods or technologies to Iran that are likely to be used to commit human rights abuses
(a) In general The President shall impose sanctions in accordance with subsection (c) with respect to each person on the list required by subsection (b).
(b) List Not later than 90 days after August 10, 2012 , the President shall submit to the appropriate congressional committees a list of persons that the President determines have knowingly engaged in an activity described in paragraph (2) on or after August 10, 2012 . A person engages in an activity described in this paragraph if the person— transfers, or facilitates the transfer of, goods or technologies described in subparagraph (C) to Iran, any entity organized under the laws of Iran or otherwise subject to the jurisdiction of the Government of Iran, or any national of Iran, for use in or with respect to Iran; or provides services (including services relating to hardware, software, and specialized information, and professional consulting, engineering, and support services) with respect to goods or technologies described in subparagraph (C) after such goods or technologies are transferred to Iran. A person engages in an activity described in subparagraph (A) without regard to whether the activity is carried out pursuant to a contract or other agreement entered into before, on, or after August 10, 2012 . Goods or technologies described in this subparagraph are goods or technologies that the President determines are likely to be used by the Government of Iran or any of its agencies or instrumentalities (or by any other person on behalf of the Government of Iran or any of such agencies or instrumentalities) to commit serious human rights abuses against the people of Iran, including— firearms or ammunition (as those terms are defined in section 921 of title 18 ), rubber bullets, police batons, pepper or chemical sprays, stun grenades, electroshock weapons, tear gas, water cannons, or surveillance technology; or sensitive technology (as defined in section 8515(c) of this title ). The President shall not be required to include a person on the list required by paragraph (1) if the President certifies in writing to the appropriate congressional committees that— the person is no longer engaging in, or has taken significant verifiable steps toward stopping, the activity described in paragraph (2) for which the President would otherwise have included the person on the list; and the President has received reliable assurances that the person will not knowingly engage in any activity described in paragraph (2) in the future. The President shall submit to the appropriate congressional committees an updated list under paragraph (1)— each time the President is required to submit an updated list to those committees under section 8514(b)(2)(A) of this title ; and as new information becomes available. The list required by paragraph (1) shall be submitted in unclassified form but may contain a classified annex. The unclassified portion of the list required by paragraph (1) shall be made available to the public and posted on the websites of the Department of the Treasury and the Department of State.
(c) Application of sanctions Subject to paragraph (2), the President shall impose sanctions described in section 8514(c) of this title with respect to a person on the list required by subsection (b). In the case of a person on the list required by subsection (b) for transferring, or facilitating the transfer of, goods or technologies described in subsection (b)(2)(C) to Iran’s Revolutionary Guard Corps, or providing services with respect to such goods or technologies after such goods or technologies are transferred to Iran’s Revolutionary Guard Corps, the President shall— impose sanctions described in section 8514(c) of this title with respect to the person; and impose such other sanctions from among the sanctions described in section 6(a) of the Iran Sanctions Act of 1996 ( Public Law 104–172 ; 50 U.S.C. 1701 note) as the President determines appropriate.
§ 8514b Imposition of sanctions with respect to persons who engage in censorship or other related activities against citizens of Iran
(a) In general The President shall impose sanctions described in section 8514(c) of this title with respect to each person on the list required by subsection (b).
(b) List of persons who engage in censorship Not later than 90 days after August 10, 2012 , the President shall submit to the appropriate congressional committees a list of persons that the President determines have, on or after June 12, 2009 , engaged in censorship or other activities with respect to Iran that— prohibit, limit, or penalize the exercise of freedom of expression or assembly by citizens of Iran; or limit access to print or broadcast media, including the facilitation or support of intentional frequency manipulation by the Government of Iran or an entity owned or controlled by that Government that would jam or restrict an international signal. The President shall submit to the appropriate congressional committees an updated list under paragraph (1)— each time the President is required to submit an updated list to those committees under section 8514(b)(2)(A) of this title ; and as new information becomes available. The list required by paragraph (1) shall be submitted in unclassified form but may contain a classified annex. The unclassified portion of the list required by paragraph (1) shall be made available to the public and posted on the websites of the Department of the Treasury and the Department of State.
§ 8514c Imposition of sanctions with respect to persons engaged in the diversion of goods intended for the people of Iran
(a) Imposition of sanctions The President shall impose sanctions described in section 8514(c) of this title with respect to each person on the list required by subsection (b). The requirement to impose sanctions under paragraph (1) shall not include the authority to impose sanctions on the importation of goods.
(b) List of persons who engage in diversion As relevant information becomes available, the President shall submit to the appropriate congressional committees a list of persons that the President determines have, on or after January 2, 2013 , engaged in corruption or other activities relating to— the diversion of goods, including agricultural commodities, food, medicine, and medical devices, intended for the people of Iran; or the misappropriation of proceeds from the sale or resale of such goods. The list required by paragraph (1) shall be submitted in unclassified form but may contain a classified annex. The unclassified portion of the list required by paragraph (1) shall be made available to the public and posted on the websites of the Department of the Treasury and the Department of State.
(c) Good defined In this section, the term “good” has the meaning given that term in section 8801(a) of this title .
§ 8515 Prohibition on procurement contracts with persons that export sensitive technology to Iran
(a) In general Except as provided in subsection (b), and pursuant to such regulations as the President may prescribe, the head of an executive agency may not enter into or renew a contract, on or after the date that is 90 days after July 1, 2010 , for the procurement of goods or services with a person that exports sensitive technology to Iran.
(b) Authorization to exempt certain products The President is authorized to exempt from the prohibition under subsection (a) only eligible products, as defined in section 2518(4) of title 19 , of any foreign country or instrumentality designated under section 2511(b) of title 19 .
(c) Sensitive technology defined The term “sensitive technology” means hardware, software, telecommunications equipment, or any other technology, that the President determines is to be used specifically— to restrict the free flow of unbiased information in Iran; or to disrupt, monitor, or otherwise restrict speech of the people of Iran. The term “sensitive technology” does not include information or informational materials the exportation of which the President does not have the authority to regulate or prohibit pursuant to section 1702(b)(3) of title 50 .
(d) Government Accountability Office report on effect of procurement prohibition Not later than 1 year after July 1, 2010 , the Comptroller General of the United States shall submit to the appropriate congressional committees, the Committee on Armed Services of the Senate, and the Committee on Armed Services of the House of Representatives, a report assessing the extent to which executive agencies would have entered into or renewed contracts for the procurement of goods or services with persons that export sensitive technology to Iran if the prohibition under subsection (a) were not in effect.
§ 8516 Authority to implement United Nations Security Council resolutions imposing sanctions with respect to Iran
In addition to any other authority of the President with respect to implementing resolutions of the United Nations Security Council, the President may prescribe such regulations as may be necessary to implement a resolution that is agreed to by the United Nations Security Council and imposes sanctions with respect to Iran. ( Pub. L. 111–195, title I, § 108 , July 1, 2010 , 124 Stat. 1337 .)
§ 8517 Increased capacity for efforts to combat unlawful or terrorist financing
(a) Findings Congress finds the following: The work of the Office of Terrorism and Financial Intelligence of the Department of the Treasury, which includes the Office of Foreign Assets Control and the Financial Crimes Enforcement Network, is critical to ensuring that the international financial system is not used for purposes of supporting terrorism and developing weapons of mass destruction. The Secretary of the Treasury has designated, including most recently on June 16, 2010 , various Iranian individuals and banking, military, energy, and shipping entities as proliferators of weapons of mass destruction pursuant to Executive Order 13382 ( 50 U.S.C. 1701 note), thereby blocking transactions subject to the jurisdiction of the United States by those individuals and entities and their supporters. The Secretary of the Treasury has also identified an array of entities in the insurance, petroleum, and petrochemicals industries that the Secretary has determined to be owned or controlled by the Government of Iran and added those entities to the list contained in Appendix A to part 560 of title 31, Code of Federal Regulations (commonly known as the “Iranian Transactions Regulations”), thereby prohibiting transactions between United States persons and those entities.
(b) Authorization of appropriations for Office of Terrorism and Financial Intelligence There are authorized to be appropriated to the Secretary of the Treasury for the Office of Terrorism and Financial Intelligence— $102,613,000 for fiscal year 2011; and such sums as may be necessary for each of the fiscal years 2012 and 2013.
(c) Omitted
(d) Authorization of appropriations for Bureau of Industry and Security of the Department of Commerce There are authorized to be appropriated to the Secretary of Commerce for the Bureau of Industry and Security of the Department of Commerce— $113,000,000 for fiscal year 2011; and such sums as may be necessary for each of the fiscal years 2012 and 2013.
§ 8518 Reports on investments in the energy sector of Iran
(a) Initial report Not later than 90 days after July 1, 2010 , the President shall submit to the appropriate congressional committees a report— on investments in the energy sector of Iran that were made during the period described in paragraph (2); and that contains— an estimate of the volume of energy-related resources (other than refined petroleum), including ethanol, that Iran imported during the period described in paragraph (2); and a list of all significant known energy-related joint ventures, investments, and partnerships located outside Iran that involve Iranian entities in partnership with entities from other countries, including an identification of the entities from other countries; and an estimate of— the total value of each such joint venture, investment, and partnership; and the percentage of each such joint venture, investment, and partnership owned by an Iranian entity. The period described in this paragraph is the period beginning on January 1, 2006 , and ending on the date that is 60 days after July 1, 2010 .
(b) Updated reports Not later than 180 days after submitting the report required by subsection (a), and every 180 days thereafter, the President shall submit to the appropriate congressional committees a report, covering the 180-day period beginning on the date that is 30 days before the date on which the preceding report was required to be submitted by this section, that— contains the matters required in the report under subsection (a)(1); and identifies— the volume of crude oil and refined petroleum products imported to and exported from Iran (including through swaps and similar arrangements); the persons selling and transporting crude oil and refined petroleum products described in subparagraph (A), the countries with primary jurisdiction over those persons, and the countries in which those products were refined; the sources of financing for imports to Iran of crude oil and refined petroleum products described in subparagraph (A); and the involvement of foreign persons in efforts to assist Iran in— developing upstream oil and gas production capacity; importing advanced technology to upgrade existing Iranian refineries; converting existing chemical plants to petroleum refineries; or maintaining, upgrading, or expanding existing refineries or constructing new refineries.
§ 8519 Reports on certain activities of foreign export credit agencies and of the Export-Import Bank of the United States
(a) Report on certain activities of export credit agencies of foreign countries Not later than 90 days after July 1, 2010 , the President shall submit to the appropriate congressional committees a report on any activity of an export credit agency of a foreign country that is an activity comparable to an activity described in subsection (a) or (b) of section 5 of the Iran Sanctions Act of 1996, as amended by section 102 of this Act. The President shall update the report required by paragraph (1) as new information becomes available with respect to the activities of export credit agencies of foreign countries.
(b) Report on certain financing by the Export-Import Bank of the United States Not later than 30 days (or, in extraordinary circumstances, not later than 15 days) before the Export-Import Bank of the United States approves cofinancing (including loans, guarantees, other credits, insurance, and reinsurance) in which an export credit agency of a foreign country identified in the report required by subsection (a) will participate, the President shall submit to the appropriate congressional committees a report identifying— the export credit agency of the foreign country; and the beneficiaries of the financing.
§ 8531 Definitions
In this subchapter: The term “energy sector of Iran” refers to activities to develop petroleum or natural gas resources or nuclear power in Iran. The term “financial institution” has the meaning given that term in section 14 of the Iran Sanctions Act of 1996 ( Public Law 104–172 ; 50 U.S.C. 1701 note). The term “Iran” includes the Government of Iran and any agency or instrumentality of Iran. The term “person” means— a natural person, corporation, company, business association, partnership, society, trust, or any other nongovernmental entity, organization, or group; any governmental entity or instrumentality of a government, including a multilateral development institution (as defined in section 262r(c)(3) of this title ); and any successor, subunit, parent entity, or subsidiary of, or any entity under common ownership or control with, any entity described in subparagraph (A) or (B). The term “State” means each of the several States, the District of Columbia, the Commonwealth of Puerto Rico, the Commonwealth of the Northern Mariana Islands, American Samoa, Guam, the United States Virgin Islands, and any other territory or possession of the United States. The term “State or local government” includes— any State and any agency or instrumentality thereof; any local government within a State, and any agency or instrumentality thereof; any other governmental instrumentality of a State or locality; and any public institution of higher education within the meaning of the Higher Education Act of 1965 ( 20 U.S.C. 1001 et seq.). ( Pub. L. 111–195, title II, § 201 , July 1, 2010 , 124 Stat. 1341 .)
§ 8532 Authority of State and local governments to divest from certain companies that invest in Iran
(a) Sense of Congress It is the sense of Congress that the United States should support the decision of any State or local government that for moral, prudential, or reputational reasons divests from, or prohibits the investment of assets of the State or local government in, a person that engages in investment activities in the energy sector of Iran, as long as Iran is subject to economic sanctions imposed by the United States.
(b) Authority to divest Notwithstanding any other provision of law, a State or local government may adopt and enforce measures that meet the requirements of subsection (d) to divest the assets of the State or local government from, or prohibit investment of the assets of the State or local government in, any person that the State or local government determines, using credible information available to the public, engages in investment activities in Iran described in subsection (c).
(c) Investment activities described A person engages in investment activities in Iran described in this subsection if the person— has an investment of 20,000,000 or more in credit to another person, for 45 days or more, if that person will use the credit for investment in the energy sector of Iran.
(d) Requirements Any measure taken by a State or local government under subsection (b) shall meet the following requirements: The State or local government shall provide written notice to each person to which a measure is to be applied. The measure shall apply to a person not earlier than the date that is 90 days after the date on which written notice is provided to the person under paragraph (1). The State or local government shall provide an opportunity to comment in writing to each person to which a measure is to be applied. If the person demonstrates to the State or local government that the person does not engage in investment activities in Iran described in subsection (c), the measure shall not apply to the person. It is the sense of Congress that a State or local government should not adopt a measure under subsection (b) with respect to a person unless the State or local government has made every effort to avoid erroneously targeting the person and has verified that the person engages in investment activities in Iran described in subsection (c).
(e) Notice to Department of Justice Not later than 30 days after adopting a measure pursuant to subsection (b), a State or local government shall submit written notice to the Attorney General describing the measure.
(f) Nonpreemption A measure of a State or local government authorized under subsection (b) or (i) is not preempted by any Federal law or regulation.
(g) Definitions In this section: Except as provided in subparagraph (B), the term “assets” refers to public monies and includes any pension, retirement, annuity, or endowment fund, or similar instrument, that is controlled by a State or local government. The term “assets” does not include employee benefit plans covered by title I of the Employee Retirement Income Security Act of 1974 ( 29 U.S.C. 1001 et seq.). The “investment” includes— a commitment or contribution of funds or property; a loan or other extension of credit; and the entry into or renewal of a contract for goods or services.
(h) Effective date Except as provided in paragraph (2) or subsection (i), this section applies to measures adopted by a State or local government before, on, or after July 1, 2010 . Except as provided in subsection (i), subsections (d) and (e) apply to measures adopted by a State or local government on or after July 1, 2010 .
(i) Authorization for prior enacted measures Notwithstanding any other provision of this section or any other provision of law, a State or local government may enforce a measure (without regard to the requirements of subsection (d), except as provided in paragraph (2)) adopted by the State or local government before July 1, 2010 , that provides for the divestment of assets of the State or local government from, or prohibits the investment of the assets of the State or local government in, any person that the State or local government determines, using credible information available to the public, engages in investment activities in Iran (determined without regard to subsection (c)) or other business activities in Iran that are identified in the measure. A measure described in paragraph (1) shall be subject to the requirements of paragraphs (1) and (2) and the first sentence of paragraph (3) of subsection (d) on and after the date that is 2 years after July 1, 2010 .
(j) Rule of construction Nothing in this Act or any other provision of law authorizing sanctions with respect to Iran shall be construed to abridge the authority of a State to issue and enforce rules governing the safety, soundness, and solvency of a financial institution subject to its jurisdiction or the business of insurance pursuant to the Act of March 9, 1945 ( 15 U.S.C. 1011 et seq.) (commonly known as the “McCarran-Ferguson Act”).
§ 8541 Definitions
In this subchapter: The term “allow”, with respect to the diversion through a country of goods, services, or technologies, means the government of the country knows or has reason to know that the territory of the country is being used for such diversion. The term “appropriate congressional committees” means— the Committee on Banking, Housing, and Urban Affairs, the Committee on Foreign Relations, and the Select Committee on Intelligence of the Senate; and the Committee on Foreign Affairs and the Permanent Select Committee on Intelligence of the House of Representatives. The term “Commerce Control List” means the list maintained pursuant to part 774 of the Export Administration Regulations (or any corresponding similar regulation or ruling). The terms “divert” and “diversion” refer to the transfer or release, directly or indirectly, of a good, service, or technology to an end-user or an intermediary that is not an authorized recipient of the good, service, or technology. The term “end-user”, with respect to a good, service, or technology, means the person that receives and ultimately uses the good, service, or technology. The term “Export Administration Regulations” means subchapter C of chapter VII of title 15, Code of Federal Regulations (or any corresponding similar regulation or ruling). The term “government” includes any agency or instrumentality of a government. The term “intermediary” means a person that receives a good, service, or technology while the good, service, or technology is in transit to the end-user of the good, service, or technology. The term “International Traffic in Arms Regulations” means subchapter M of chapter I of title 22, Code of Federal Regulations (or any corresponding similar regulation or ruling). The term “Iran” includes the Government of Iran and any agency or instrumentality of Iran. The term “Iranian end-user” means an end-user that is the Government of Iran or a person in, or an agency or instrumentality of, Iran. The term “Iranian intermediary” means an intermediary that is the Government of Iran or a person in, or an agency or instrumentality of, Iran. The term “state sponsor of terrorism” means any country the government of which the Secretary of State has determined has repeatedly provided support for acts of international terrorism pursuant to— section 4605(j)(1)(A) 1 of title 50 (or any successor thereto); section 2780(d) of this title ; or section 2371(a) of this title . The term “United States Munitions List” means the list maintained pursuant to part 121 of the International Traffic in Arms Regulations (or any corresponding similar regulation or ruling). ( Pub. L. 111–195, title III, § 301 , July 1, 2010 , 124 Stat. 1345 .)
§ 8542 Identification of countries of concern with respect to the diversion of certain goods, services, and technologies to or through Iran
(a) In general Not later than 180 days after July 1, 2010 , the Director of National Intelligence shall submit to the President, the Secretary of Defense, the Secretary of Commerce, the Secretary of State, the Secretary of the Treasury, and the appropriate congressional committees a report that identifies each country the government of which the Director believes, based on all information available to the Director, is allowing the diversion through the country of goods, services, or technologies described in subsection (b) to Iranian end-users or Iranian intermediaries.
(b) Goods, services, and technologies described Goods, services, or technologies described in this subsection are goods, services, or technologies— that— originated in the United States; would make a material contribution to Iran’s— development of nuclear, chemical, or biological weapons; ballistic missile or advanced conventional weapons capabilities; or support for international terrorism; and are— items on the Commerce Control List or services related to those items; or defense articles or defense services on the United States Munitions List; or that are prohibited for export to Iran under a resolution of the United Nations Security Council.
(c) Updates The Director of National Intelligence shall update the report required by subsection (a)— as new information becomes available; and not less frequently than annually.
(d) Form The report required by subsection (a) and the updates required by subsection (c) may be submitted in classified form.
§ 8543 Destinations of Diversion Concern
(a) Designation The President shall designate a country as a Destination of Diversion Concern if the President determines that the government of the country allows substantial diversion of goods, services, or technologies described in section 8542(b) of this title through the country to Iranian end-users or Iranian intermediaries. For purposes of paragraph (1), the President shall determine whether the government of a country allows substantial diversion of goods, services, or technologies described in section 8542(b) of this title through the country to Iranian end-users or Iranian intermediaries based on criteria that include— the volume of such goods, services, and technologies that are diverted through the country to such end-users or intermediaries; the inadequacy of the export controls of the country; the unwillingness or demonstrated inability of the government of the country to control the diversion of such goods, services, and technologies to such end-users or intermediaries; and the unwillingness or inability of the government of the country to cooperate with the United States in efforts to interdict the diversion of such goods, services, or technologies to such end-users or intermediaries.
(b) Report on designation Upon designating a country as a Destination of Diversion Concern under subsection (a), the President shall submit to the appropriate congressional committees a report— notifying those committees of the designation of the country; and containing a list of the goods, services, and technologies described in section 8542(b) of this title that the President determines are diverted through the country to Iranian end-users or Iranian intermediaries.
(c) Licensing requirement Not later than 45 days after submitting a report required by subsection (b) with respect to a country designated as a Destination of Diversion Concern under subsection (a), the President shall require a license under the Export Administration Regulations or the International Traffic in Arms Regulations (whichever is applicable) to export to that country a good, service, or technology on the list required under subsection (b)(2), with the presumption that any application for such a license will be denied.
(d) Delay of imposition of licensing requirement The President may delay the imposition of the licensing requirement under subsection (c) with respect to a country designated as a Destination of Diversion Concern under subsection (a) for a 12-month period if the President— determines that the government of the country is taking steps— to institute an export control system or strengthen the export control system of the country; to interdict the diversion of goods, services, or technologies described in section 8542(b) of this title through the country to Iranian end-users or Iranian intermediaries; and to comply with and enforce United Nations Security Council Resolutions 1696 (2006), 1737 (2006), 1747 (2007), 1803 (2008), and 1929 (2010), and any other resolution that is agreed to by the Security Council and imposes sanctions with respect to Iran; determines that it is appropriate to carry out government-to-government activities to strengthen the export control system of the country; and submits to the appropriate congressional committees a report describing the steps specified in subparagraph (A) being taken by the government of the country. The President may delay the imposition of the licensing requirement under subsection (c) with respect to a country designated as a Destination of Diversion Concern under subsection (a) for additional 12-month periods after the 12-month period referred to in paragraph (1) if the President, for each such 12-month period— makes the determinations described in subparagraphs (A) and (B) of paragraph (1) with respect to the country; and submits to the appropriate congressional committees an updated version of the report required by subparagraph (C) of paragraph (1). If the President determines under paragraph (1)(B) that is it appropriate to carry out government-to-government activities to strengthen the export control system of a country designated as a Destination of Diversion Concern under subsection (a), the United States shall initiate government-to-government activities that may include— cooperation by agencies and departments of the United States with counterpart agencies and departments in the country— to develop or strengthen the export control system of the country; to strengthen cooperation among agencies of the country and with the United States and facilitate enforcement of the export control system of the country; and to promote information and data exchanges among agencies of the country and with the United States; training officials of the country to strengthen the export control systems of the country— to facilitate legitimate trade in goods, services, and technologies; and to prevent terrorists and state sponsors of terrorism, including Iran, from obtaining nuclear, biological, and chemical weapons, defense technologies, components for improvised explosive devices, and other defense articles; and encouraging the government of the country to participate in the Proliferation Security Initiative, such as by entering into a ship boarding agreement pursuant to the Initiative.
(e) Termination of designation The designation of a country as a Destination of Diversion Concern under subsection (a) shall terminate on the date on which the President determines, and certifies to the appropriate congressional committees, that the country has adequately strengthened the export control system of the country to prevent the diversion of goods, services, and technologies described in section 8542(b) of this title to Iranian end-users or Iranian intermediaries.
(f) Form of reports A report required by subsection (b) or (d) may be submitted in classified form.
§ 8544 Enforcement authority
The Secretary of Commerce may designate any employee of the Office of Export Enforcement of the Department of Commerce to conduct activities specified in clauses (i), (ii), and (iii) of section 12(a)(3)(B) of the Export Administration Act of 1979 (50 U.S.C. App. 2411(a)(3)(B)) 1 when the employee is carrying out activities to enforce— the provisions of the Export Administration Act of 1979 (50 U.S.C. App. 2401 et seq.) 1 (as in effect pursuant to the International Emergency Economic Powers Act ( 50 U.S.C. 1701 et seq.)); the provisions of this subchapter, or any other provision of law relating to export controls, with respect to which the Secretary of Commerce has enforcement responsibility; or any license, order, or regulation issued under— the Export Administration Act of 1979 (50 U.S.C. App. 2401 et seq.) 1 (as in effect pursuant to the International Emergency Economic Powers Act ( 50 U.S.C. 1701 et seq.)); or a provision of law referred to in paragraph (2). ( Pub. L. 111–195, title III, § 305 , July 1, 2010 , 124 Stat. 1349 .)
§ 8551 General provisions
(a) Sunset The provisions of this Act (other than sections 105 and 305 [ 22 U.S.C. 8514 , 8544] and the amendments made by sections 102, 107, 109, and 205) shall terminate, and section 80a–13(c)(1)(B) of title 15 , as added by section 203(a), shall cease to be effective, on the date that is 30 days after the date on which the President certifies to Congress that— the Government of Iran has ceased providing support for acts of international terrorism and no longer satisfies the requirements for designation as a state sponsor of terrorism (as defined in section 301 [ 22 U.S.C. 8541 ]) under— section 4605(j)(1)(A) 1 of title 50 (or any successor thereto); section 2780(d) of this title ; or section 2371(a) of this title ; and Iran has ceased the pursuit, acquisition, and development of, and verifiably dismantled its, nuclear, biological, and chemical weapons and ballistic missiles and ballistic missile launch technology.
(b) Presidential waivers The President may waive the application of sanctions under section 103(b) [ 22 U.S.C. 8512(b) ], the requirement to impose or maintain sanctions with respect to a person under section 105(a) [ 22 U.S.C. 8514(a) ], 105A(a) [ 22 U.S.C. 8514a(a) ], 105B(a) [ 22 U.S.C. 8514b(a) ], or 105C(a) [ 22 U.S.C. 8514c(a) ], the requirement to include a person on the list required by section 105(b) [ 22 U.S.C. 8514(b) ], 105A(b) [ 22 U.S.C. 8514a(b) ], 105B(b) [ 22 U.S.C. 8514b(b) ], or 105C(b) [ 22 U.S.C. 8514c(b) ], the application of the prohibition under section 106(a) [ 22 U.S.C. 8515(a) ], or the imposition of the licensing requirement under section 303(c) [ 22 U.S.C. 8543(c) ] with respect to a country designated as a Destination of Diversion Concern under section 303(a) [ 22 U.S.C. 8543(a) ], if the President determines that such a waiver is in the national interest of the United States. If the President waives the application of a provision pursuant to paragraph (1), the President shall submit to the appropriate congressional committees a report describing the reasons for the waiver. In any case in which the President waives, pursuant to paragraph (1), the imposition of the licensing requirement under section 303(c) [ 22 U.S.C. 8543(c) ] with respect to a country designated as a Destination of Diversion Concern under section 303(a) [ 22 U.S.C. 8543(a) ], the President shall include in the report required by subparagraph (A) of this paragraph an assessment of whether the government of the country is taking the steps described in subparagraph (A) of section 303(d)(1) [ 22 U.S.C. 8543(d)(1)(A) ].
(c) Authorizations of appropriations There are authorized to be appropriated to the Secretary of State and to the Secretary of the Treasury such sums as may be necessary to implement the provisions of, and amendments made by, titles I and III of this Act [ 22 U.S.C. 8511 et seq., 8541 et seq.]. There are authorized to be appropriated to the Secretary of Commerce such sums as may be necessary to carry out title III [ 22 U.S.C. 8541 et seq.].
§ 8561 Findings
Congress finds that the Government of the Islamic Republic of Iran surveils, harasses, terrorizes, tortures, abducts, and murders individuals who peacefully defend human rights and freedoms in Iran, and innocent entities and individuals considered by the Government of Iran to be enemies of that regime, including United States citizens on United States soil, and takes foreign nationals hostage, including in the following instances: In 2021, Iranian intelligence agents were indicted for plotting to kidnap United States citizen, women’s rights activist, and journalist Masih Alinejad, from her home in New York City, in retaliation for exercising her rights under the First Amendment to the Constitution of the United States. Iranian agents allegedly spent at least approximately half a million dollars to capture the outspoken critic of the authoritarianism of the Government of Iran, and studied evacuating her by military-style speedboats to Venezuela before rendition to Iran. Prior to the New York kidnapping plot, Ms. Alinejad’s family in Iran was instructed by authorities to lure Ms. Alinejad to Turkey. In an attempt to intimidate her into silence, the Government of Iran arrested 3 of Ms. Alinejad’s family members in 2019, and sentenced her brother to 8 years in prison for refusing to denounce her. According to Federal prosecutors, the same Iranian intelligence network that allegedly plotted to kidnap Ms. Alinejad is also targeting critics of the Government of Iran who live in Canada, the United Kingdom, and the United Arab Emirates. In 2021, an Iranian diplomat was convicted in Belgium of attempting to carry out a 2018 bombing of a dissident rally in France. In 2021, a Danish high court found a Norwegian citizen of Iranian descent guilty of illegal espionage and complicity in a failed plot to kill an Iranian Arab dissident figure in Denmark. In 2021, the British Broadcasting Corporation (BBC) appealed to the United Nations to protect BBC Persian employees in London who suffer regular harassment and threats of kidnapping by Iranian government agents. In 2021, 15 militants allegedly working on behalf of the Government of Iran were arrested in Ethiopia for plotting to attack citizens of Israel, the United States, and the United Arab Emirates, according to United States officials. In 2020, Iranian agents allegedly kidnapped United States resident and Iranian-German journalist Jamshid Sharmahd, while he was traveling to India through Dubai. Iranian authorities announced they had seized Mr. Sharmahd in “a complex operation”, and paraded him blindfolded on state television. Mr. Sharmahd is arbitrarily detained in Iran, allegedly facing the death penalty. In 2009, Mr. Sharmahd was the target of an alleged Iran-directed assassination plot in Glendora, California. In 2020, the Government of Turkey released counterterrorism files exposing how Iranian authorities allegedly collaborated with drug gangs to kidnap Habib Chabi, an Iranian-Swedish activist for Iran’s Arab minority. In 2020, the Government of Iran allegedly lured Mr. Chabi to Istanbul through a female agent posing as a potential lover. Mr. Chabi was then allegedly kidnapped from Istanbul, and smuggled into Iran where he faces execution, following a sham trial. In 2020, a United States-Iranian citizen and an Iranian resident of California pleaded guilty to charges of acting as illegal agents of the Government of Iran by surveilling Jewish student facilities, including the Hillel Center and Rohr Chabad Center at the University of Chicago, in addition to surveilling and collecting identifying information about United States citizens and nationals who are critical of the Iranian regime. In 2019, 2 Iranian intelligence officers at the Iranian consulate in Turkey allegedly orchestrated the assassination of Iranian dissident journalist Masoud Molavi Vardanjani, who was shot while walking with a friend in Istanbul. Unbeknownst to Mr. Molavi, his “friend” was in fact an undercover Iranian agent and the leader of the killing squad, according to a Turkish police report. In 2019, around 1,500 people were allegedly killed amid a less than 2 week crackdown by security forces on anti-government protests across Iran, including at least an alleged 23 children and 400 women. In 2019, Iranian operatives allegedly lured Paris-based Iranian journalist Ruhollah Zam to Iraq, where he was abducted, and hanged in Iran for sedition. In 2019, a Kurdistan regional court convicted an Iranian female for trying to lure Voice of America reporter Ali Javanmardi to a hotel room in Irbil, as part of a foiled Iranian intelligence plot to kidnap and extradite Mr. Javanmardi, a critic of the Government of Iran. In 2019, Federal Bureau of Investigation agents visited the rural Connecticut home of Iran-born United States author and poet Roya Hakakian to warn her that she was the target of an assassination plot orchestrated by the Government of Iran. In 2019, the Government of the Netherlands accused the Government of Iran of directing the assassination of Iranian Arab activist Ahmad Mola Nissi, in The Hague, and the assassination of another opposition figure, Reza Kolahi Samadi, who was murdered near Amsterdam in 2015. In 2018, German security forces searched for 10 alleged spies who were working for Iran’s al-Quds Force to collect information on targets related to the local Jewish community, including kindergartens. In 2017, Germany convicted a Pakistani man for working as an Iranian agent to spy on targets including a former German lawmaker and a French-Israeli economics professor. In 2012, an Iranian American pleaded guilty to conspiring with members of the Iranian military to bomb a popular Washington, DC, restaurant with the aim of assassinating the ambassador of Saudi Arabia to the United States. In 1996, agents of the Government of Iran allegedly assassinated 5 Iranian dissident exiles across Turkey, Pakistan, and Baghdad, over a 5-month period that year. In 1992, the Foreign and Commonwealth Office of the United Kingdom expelled 2 Iranians employed at the Iranian Embassy in London and a third Iranian on a student visa amid allegations they were plotting to kill Indian-born British American novelist Salman Rushdie, pursuant to the fatwa issued by then supreme leader of Iran, Ayatollah Ruhollah Khomeini. In 1992, 4 Iranian Kurdish dissidents were assassinated at a restaurant in Berlin, Germany, allegedly by Iranian agents. In 1992, singer, actor, poet, and gay Iranian dissident Fereydoun Farrokhzad was found dead with multiple stab wounds in his apartment in Germany. His death is allegedly the work of Iran-directed agents. In 1980, Ali Akbar Tabatabaei, a leading critic of Iran and then president of the Iran Freedom Foundation, was murdered in front of his Bethesda, Maryland, home by an assassin disguised as a postal courier. The Federal Bureau of Investigation had identified the “mailman” as Dawud Salahuddin, born David Theodore Belfield. Mr. Salahuddin was working as a security guard at an Iranian interest office in Washington, DC, when he claims he accepted the assignment and payment of $5,000 from the Government of Iran to kill Mr. Tabatabaei. Other exiled Iranian dissidents alleged to have been victims of the Government of Iran’s murderous extraterritorial campaign include Shahriar Shafiq, Shapour Bakhtiar, and Gholam Ali Oveissi. Iranian Americans face an ongoing campaign of intimidation both in the virtual and physical world by agents and affiliates of the Government of Iran, which aims to stifle freedom of expression and eliminate the threat Iranian authorities believe democracy, justice, and gender equality pose to their rule. ( Pub. L. 117–328, div. AA, title II, § 202 , Dec. 29, 2022 , 136 Stat. 5530 .)
§ 8562 Definitions
In this subchapter: The terms “admission”, “admitted”, and “alien” have the meanings given those terms in section 1101 of title 8 . The term “appropriate congressional committees” means— the Committee on Banking, Housing, and Urban Affairs, the Committee on Foreign Relations, the Committee on the Judiciary, and the Select Committee on Intelligence of the Senate; and the Committee on Financial Services, the Committee on Foreign Affairs, the Committee on the Judiciary, and the Permanent Select Committee on Intelligence of the House of Representatives. The terms “correspondent account” and “payable-through account” have the meanings given those terms in section 5318A of title 31 . The term “foreign financial institution” has the meaning of that term as determined by the Secretary of the Treasury pursuant to section 8513(i) of this title . The term “foreign person” means any individual or entity that is not a United States person. The term “United States person” means— a United States citizen or an alien lawfully admitted for permanent residence to the United States; or an entity organized under the laws of the United States or any jurisdiction within the United States, including a foreign branch of such an entity. ( Pub. L. 117–328, div. AA, title II, § 203 , Dec. 29, 2022 , 136 Stat. 5532 .)
§ 8563 Report and imposition of sanctions with respect to persons who are responsible for or complicit in abuses toward dissidents on behalf of the Government of Iran
(a) Report required Not later than 180 days after December 29, 2022 , the Secretary of State, in consultation with the Secretary of the Treasury, the Director of National Intelligence, and the Attorney General, shall submit to the appropriate congressional committees a report that— includes a detailed description and assessment of— the state of human rights and the rule of law inside Iran, including the treatment of marginalized individuals and communities in Iran; actions taken by the Government of Iran during the year preceding submission of the report to target and silence dissidents both inside and outside of Iran who advocate for human rights inside Iran; the methods used by the Government of Iran to target and silence dissidents both inside and outside of Iran; and the means through which the Government of Iran finances efforts to target and silence dissidents both inside and outside of Iran and the amount of that financing; identifies foreign persons working as part of the Government of Iran or acting on behalf of that Government or its proxies that are involved in harassment and surveillance and that the Secretary of State may also, as appropriate, determine, in consultation with the Secretary of the Treasury, are knowingly responsible for, complicit in, or involved in ordering, conspiring, planning, or implementing the surveillance, harassment, kidnapping, illegal extradition, imprisonment, torture, killing, or assassination, on or after December 29, 2022 , of citizens of Iran (including citizens of Iran of dual nationality) or citizens of the United States, inside or outside Iran, who seek— to expose illegal or corrupt activity carried out by officials of the Government of Iran; or to obtain, exercise, defend, or promote the human rights of individuals, including members of marginalized communities, in Iran; and includes, for each foreign person identified under subparagraph (B), a clear explanation for why the foreign person was so identified. The report required by paragraph (1) shall be updated, and the updated version submitted to the appropriate congressional committees, during the 10-year period following December 29, 2022 — not less frequently than annually; and with respect to matters relating to the identification of foreign persons under paragraph (1)(B), on an ongoing basis as appropriate. Each report required by paragraph (1) and each update required by paragraph (2) shall be submitted in unclassified form but may include a classified annex. The Secretary of State shall post the unclassified portion of each report required by paragraph (1) and each update required by paragraph (2) on a publicly available internet website of the Department of State.
(b) Imposition of sanctions In the case of a foreign person identified under paragraph (1)(B) of subsection (a) in the most recent report or update submitted under that subsection, the President shall impose the sanctions described in subsection (c), pursuant to this section or an appropriate Executive authority.
(c) Sanctions described The sanctions described in this subsection are the following: The President shall exercise all powers granted to the President by the International Emergency Economic Powers Act ( 50 U.S.C. 1701 et seq.) to the extent necessary to block and prohibit all transactions in all property and interests in property of a foreign person described in subsection (a)(1)(B) 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. In the case of a foreign person described in subsection (a)(1)(B) who is an individual, the individual is— inadmissible to the United States; ineligible to receive a visa or other documentation to enter the United States; and otherwise ineligible to be admitted or paroled into the United States or to receive any other benefit under the Immigration and Nationality Act ( 8 U.S.C. 1101 et seq.). The visa or other entry documentation of an individual described in subparagraph (A) shall be revoked, regardless of when such visa or other entry documentation is or was issued. A revocation under clause (i) shall— take effect immediately; and automatically cancel any other valid visa or entry documentation that is in the individual’s possession.
§ 8564 Report and imposition of sanctions with respect to foreign financial institutions conducting significant transactions with persons responsible for or complicit in abuses toward dissidents on behalf of the Government of Iran
(a) Report required Not earlier than 30 days and not later than 60 days after the Secretary of State submits to the appropriate congressional committees a report required by section 8563(a) of this title , the Secretary of the Treasury, in consultation with the Secretary of State, shall submit to the appropriate congressional committees a report that identifies any foreign financial institution that knowingly conducts a significant transaction with a foreign person identified in the report submitted under section 8563(a) of this title on or after the date on which the foreign person is identified in that report.
(b) Imposition of sanctions The Secretary of the Treasury may prohibit the opening, or prohibit or impose strict conditions on the maintaining, in the United States of a correspondent account or a payable-through account by a foreign financial institution identified under subsection (a).
§ 8565 Exceptions; waivers; implementation
(a) Exceptions Sanctions under sections 8563 and 8564 of this title shall not apply to any authorized intelligence, law enforcement, or national security activities of the United States. Sanctions under section 8563(c)(2) of this title shall not apply with respect to the admission of an individual to the United States if the admission of the individual is necessary to permit the United States to comply with the Agreement regarding the Headquarters of the United Nations, signed at Lake Success June 26, 1947 , and entered into force November 21, 1947 , between the United Nations and the United States, the Convention on Consular Relations, done at Vienna April 24, 1963 , and entered into force March 19, 1967 , or other applicable international obligations.
(b) National interests waiver The President may waive the application of sanctions under section 8563 of this title with respect to a person if the President— determines that the waiver is in the national interests of the United States; and submits to the appropriate congressional committees a report on the waiver and the reasons for the waiver.
(c) Implementation; penalties The President may exercise all authorities provided to the President under sections 1702 and 1704 of title 50 to carry out this subchapter. A person that violates, attempts to violate, conspires to violate, or causes a violation of section 8563(c)(1) or 8564(b) of this title or any regulation, license, or order issued to carry out either such section shall be subject to the penalties set forth in subsections (b) and (c) of section 1705 of title 50 to the same extent as a person that commits an unlawful act described in subsection (a) of that section.
§ 8566 Exception relating to importation of goods
(a) In general Notwithstanding any other provision of this subchapter, the authorities and requirements to impose sanctions under this subchapter 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” means any article, natural or manmade substance, material, supply or manufactured product, including inspection and test equipment, and excluding technical data.
§ 8571 Statement of policy
It is the policy of the United States— to deny Iran the ability to engage in destabilizing activities, support international terrorism, fund the development and acquisition of weapons of mass destruction and the means to deliver such weapons by limiting export of petroleum and petroleum products by Iran; to deny Iran funds to oppress and commit human rights violations against the Iranian people assembling to peacefully redress the Iranian regime; to fully enforce sanctions against those entities which provide support to the Iranian energy sector; and to counter Iran’s actions to finance and facilitate the participation of foreign terrorist organizations in ongoing conflicts and illicit activities due to the threat such actions pose to the vital national interests of the United States. ( Pub. L. 118–50, div. J, § 2 , Apr. 24, 2024 , 138 Stat. 963 .)
§ 8572 Imposition of sanctions with respect to Iranian petroleum
(a) In general On and after the date that is 180 days after April 24, 2024 , and except as provided in subsection (e)(2), the President shall impose the sanctions described in subsection (c) with respect to each foreign person that the President determines knowingly engaged, on or after April 24, 2024 , in an activity described in subsection (b).
(b) Activities described A foreign person engages in an activity described in this subsection if the foreign person— owns or operates a foreign port at which, on or after April 24, 2024 , such person knowingly permits to dock a vessel— that is included on the list of specially designated nationals and blocked persons maintained by the Office of Foreign Assets Control of the Department of the Treasury for transporting Iranian crude oil or petroleum products; or of which the operator or owner of such vessel otherwise knowingly engages in a significant transaction involving such vessel to transport, offload, or deal in significant transactions in condensate, refined, or unrefined petroleum products, or other petrochemical products originating from the Islamic Republic of Iran; owns or operates a vessel through which such owner knowingly conducts a ship to ship transfer involving a significant transaction of any petroleum product originating from the Islamic Republic of Iran; owns or operates a refinery through which such owner knowingly engages in a significant transaction to process, refine, or otherwise deal in any petroleum product originating from the Islamic Republic of Iran; is a covered family member of a foreign person described in paragraph (1), (2), or (3); or is owned or controlled by a foreign person described in paragraph (1), (2), or (3), and knowingly engages in an activity described in paragraph (1), (2), or (3).
(c) Sanctions described The sanctions described in this subsection with respect to a foreign person described in subsection (a) are the following: Subject to such regulations as the President may prescribe, the President may prohibit a vessel described in subsection (b)(1)(A) or (b)(1)(B) from landing at any port in the United States— with respect to a vessel described in subsection (b)(1)(A), for a period of not more than 2 years beginning on the date on which the President imposes sanctions with respect to a related foreign port described in subsection (b)(1)(A); and with respect to a vessel described in subsection (b)(1)(B), for a period of not more than 2 years. The President shall exercise all of the powers granted to the President under the International Emergency Economic Powers Act ( 50 U.S.C. 1701 et seq.) to the extent necessary to 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. An alien described in subsection (a) is— inadmissible to the United States; ineligible to receive a visa or other documentation to enter the United States; and otherwise ineligible to be admitted or paroled into the United States or to receive any other benefit under the Immigration and Nationality Act ( 8 U.S.C. 1101 et seq.). An alien described in subsection (a) is subject to revocation of any visa or other entry documentation regardless of when the visa or other entry documentation is or was issued. A revocation under clause (i) shall take effect immediately and automatically cancel any other valid visa or entry documentation that is in the alien’s possession. Sanctions under this paragraph shall not apply with respect to an alien if admitting or paroling the alien into the United States is necessary— to permit the United States to comply with the Agreement regarding the Headquarters of the United Nations, signed at Lake Success June 26, 1947 , and entered into force November 21, 1947 , between the United Nations and the United States, or other applicable international obligations; or to carry out or assist law enforcement activity in the United States. 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 this section or any regulations promulgated to carry out this section to the same extent that such penalties apply to a person that commits an unlawful act described in section 206(a) of that Act.
(d) Rules of construction For purposes of determinations under subsection (a) that a foreign person engaged in activities described in subsection (b), a foreign person shall not be determined to know that petroleum or petroleum products originated from Iran if such person relied on a certificate of origin or other documentation confirming that the origin of the petroleum or petroleum products was a country other than Iran, unless such person knew or had reason to know that such documentation was falsified. Nothing in this subchapter shall be construed to affect the availability of any existing authorities to issue waivers, exceptions, exemptions, licenses, or other authorization.
(e) Implementation; regulations The President may exercise all authorities under sections 203 and 205 of the International Emergency Economic Powers Act ( 50 U.S.C. 1702 and 1704) for purposes of carrying out this section. Not later than 180 days after April 24, 2024 , the President shall prescribe such regulations as may be necessary for the implementation of this subchapter. Not later than 10 days before the prescription of regulations under paragraph (2), the President shall brief and provide written notification to the appropriate congressional committees regarding— the proposed regulations; and the specific provisions of this subchapter that the regulations are implementing.
(f) Exception for humanitarian assistance Sanctions under this section shall not apply to— the conduct or facilitation of a transaction for the provision of agricultural commodities, food, medicine, medical devices, or humanitarian assistance, or for humanitarian purposes; or transactions that are necessary for or related to the activities described in subparagraph (A). In this subsection: The term “agricultural commodity” has the meaning given that term in section 5602 of title 7 . The term “medical device” has the meaning given the term “device” in section 321 of title 21 . The term “medicine” has the meaning given the term “drug” in section 321 of title 21 .
(g) Exception for safety of vessels and crew Sanctions under this section shall not apply with respect to a person providing provisions to a vessel otherwise subject to sanctions under this section if such provisions are intended for the safety and care of the crew aboard the vessel, the protection of human life aboard the vessel, or the maintenance of the vessel to avoid any environmental or other significant damage.
(h) Waiver The President may, on a case-by-case basis and for periods not to exceed 180 days each, waive the application of sanctions imposed with respect to a foreign person under this section if the President certifies to the appropriate congressional committees, not later than 15 days after such waiver is to take effect, that the waiver is vital to the national interests of the United States. The President shall not be required to impose sanctions under this section with respect to a foreign person described in subsection (a) if the President certifies in writing to the appropriate congressional committees that the foreign person— is no longer engaging in activities described in subsection (b); or has taken and is continuing to take significant, verifiable steps toward permanently terminating such activities.
(i) Termination The authorities provided by this section shall cease to have effect on and after the date that is 30 days after the date on which the President certifies to the appropriate congressional committees that— the Government of Iran no longer repeatedly provides support for international terrorism as determined by the Secretary of State pursuant to— section 4813(c)(1)(A) of title 50 ; section 2371 of this title ; section 2780 of this title ; or any other provision of law; and Iran has ceased the pursuit, acquisition, and development of, and verifiably dismantled, its nuclear, biological, and chemical weapons, ballistic missiles, and ballistic missile launch technology.
§ 8573 Report on Iranian petroleum and petroleum products exports
(a) In general Not later than 120 days after April 24, 2024 , and annually thereafter until the date described in subsection (d), the Administrator of the Energy Information Administration shall submit to the appropriate congressional committees a report describing Iran’s growing exports of petroleum and petroleum products, that includes the following: An analysis of Iran’s exports and sale of petroleum and petroleum products, including— an estimate of Iran’s petroleum export and sale revenue per year since 2018; an estimate of Iran’s petroleum export and sale revenue to China per year since 2018; the amount of petroleum and crude oil barrels exported per year since 2018; the amount of petroleum and crude oil barrels exported to China per year since 2018; the amount of petroleum and crude oil barrels exported to countries other than China per year since 2018; the average price per petroleum and crude oil barrel exported per year since 2018; and the average price per petroleum and crude oil barrel exported to China per year since 2018. An analysis of Iran’s labeling practices of exported petroleum and petroleum products. A description of companies involved in the exporting and sale of Iranian petroleum and petroleum products. A description of ships involved in the exporting and sale of Iranian petroleum and petroleum products. A description of ports involved in the exporting and sale of Iranian petroleum and petroleum products.
(b) Form The report required by subsection (a) shall be submitted in unclassified form but may include a classified annex.
(c) Publication The unclassified portion of the report required by subsection (a) shall be posted on a publicly available website of the Energy Information Administration.
(d) Termination The requirement to submit reports under this section shall be terminated on the date on which the President makes the certification described in section 8572(i) of this title .
§ 8574 Strategy to counter role of the People’s Republic of China in evasion of sanctions with respect to Iran
(a) In general Not later than 120 days after April 24, 2024 , the Secretary of State, in consultation with the heads of other appropriate Federal agencies, shall submit to the appropriate congressional committees a written strategy, and provide to those committees an accompanying briefing, on the role of the People’s Republic of China in evasion of sanctions imposed by the United States with respect to Iranian-origin petroleum products that includes an assessment of options— to strengthen the enforcement of such sanctions; and to expand sanctions designations targeting the involvement of the People’s Republic of China in the production, transportation, storage, refining, and sale of Iranian-origin petroleum products.
(b) Elements The strategy required by subsection (a) shall include— a description and assessment of the use of sanctions in effect before April 24, 2024 , to target individuals and entities of the People’s Republic of China that are directly or indirectly associated with smuggling of Iranian-origin petroleum products; an assessment of— Iranian-owned entities operating in the People’s Republic of China and involved in petroleum refining supply chains; the People’s Republic of China’s role in global petroleum refining supply chains; how the People’s Republic of China leverages its role in global petroleum supply chains to achieve political objectives; the People’s Republic of China’s petroleum importing and exporting partners; what percent of the People’s Republic of China’s energy consumption is linked to illegally imported Iranian-origin petroleum products; and what level of influence the Chinese Communist Party holds over non-state, semi-independent “teapot” refineries; a detailed plan for— monitoring the maritime domain for sanctionable activity related to smuggling of Iranian-origin petroleum products; identifying the individuals, entities, and vessels engaging in sanctionable activity related to Iranian-origin petroleum products, including— vessels— transporting petrochemicals subject to sanctions; conducting ship-to-ship transfers of such petrochemicals; with deactivated automatic identification systems; or that engage in “flag hopping” by changing national registries; individuals or entities— storing petrochemicals subject to sanctions; or refining or otherwise processing such petrochemicals; and through the use of port entry and docking permission of vessels subject to sanctions; deterring individuals and entities from violating sanctions by educating and engaging— insurance providers; parent companies; and vessel operators; collaborating with allies and partners of the United States engaged in the Arabian Peninsula, including through standing or new maritime task forces, to build sanctions enforcement capacity through assistance and training to defense and law enforcement services; and using public communications and global diplomatic engagements to highlight the role of illicit petroleum product smuggling in bolstering Iran’s support for terrorism and its nuclear program; and an assessment of— the total number of vessels smuggling Iranian-origin petroleum products; the total number of vessels smuggling such petroleum products destined for the People’s Republic of China; the number of vessels smuggling such petroleum products specifically from the Islamic Revolutionary Guard Corps; interference by the People’s Republic of China with attempts by the United States to investigate or enforce sanctions on illicit Iranian petroleum product exports; the effectiveness of the use of sanctions with respect to insurers of entities that own or operate vessels involved in smuggling Iranian-origin petroleum products; the personnel and resources needed to enforce sanctions with respect to Iranian-origin petroleum products; and the impact of smuggled illicit Iranian-origin petroleum products on global energy markets.
(c) Form The strategy required by subsection (a) shall be submitted in unclassified form, but may include a classified index.
§ 8575 Definitions
In this subchapter: The term “appropriate congressional committees” means— the Committee on Foreign Affairs, the Committee on the Judiciary, and the Committee on Financial Services of the House of Representatives; and the Committee on Foreign Relations, the Committee on the Judiciary, and the Committee on Banking, Housing, and Urban Affairs of the Senate. The term “covered family member”, with respect to a foreign person who is an individual, means a spouse, adult child, parent, or sibling of the person who engages in the sanctionable activity described under section 8572 of this title or who demonstrably benefits from such activity. ( Pub. L. 118–50, div. J, § 6 , Apr. 24, 2024 , 138 Stat. 969 .)