CHAPTER 35 - INTERNATIONAL EMERGENCY ECONOMIC POWERS

Title 50 > CHAPTER 35

Sections (153)

§ 1701 Unusual and extraordinary threat; declaration of national emergency; exercise of Presidential authorities

(a) Any authority granted to the President by section 1702 of this title may be exercised to deal with any unusual and extraordinary threat, which has its source in whole or substantial part outside the United States, to the national security, foreign policy, or economy of the United States, if the President declares a national emergency with respect to such threat.

(b) The authorities granted to the President by section 1702 of this title may only be exercised to deal with an unusual and extraordinary threat with respect to which a national emergency has been declared for purposes of this chapter and may not be exercised for any other purpose. Any exercise of such authorities to deal with any new threat shall be based on a new declaration of national emergency which must be with respect to such threat.

“SEC. 1 SHORT TITLE.

“This division may be cited as the ‘Hamas and Other Palestinian Terrorist Groups International Financing Prevention Act’.

“SEC. 2 STATEMENT OF POLICY.

“It shall be the policy of the United States— to prevent Hamas, Palestinian Islamic Jihad, Al-Aqsa Martyrs Brigade, the Lion’s Den, or any affiliate or successor thereof from accessing its international support networks; and to oppose Hamas, the Palestinian Islamic Jihad, Al-Aqsa Martyrs Brigade, the Lion’s Den, or any affiliate or successor thereof from using goods, including medicine and dual use items, to smuggle weapons and other materials to further acts of terrorism, including against Israel.

“SEC. 3 IMPOSITION OF SANCTIONS WITH RESPECT TO FOREIGN PERSONS SUPPORTING ACTS OF TERRORISM OR ENGAGING IN SIGNIFICANT TRANSACTIONS WITH SENIOR MEMBERS OF HAMAS, PALESTINIAN ISLAMIC JIHAD AND OTHER PALESTINIAN TERRORIST ORGANIZATIONS.

(“(a) In General.— Not later than 180 days after the date of enactment of this division [ Apr. 24, 2024 ], the President shall impose the sanctions described in subsection (c) with respect to each foreign person that the President determines, on or after the date of the enactment of this division, engages 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 knowingly— assists in sponsoring or providing significant financial, material, or technological support for, or goods or other services to enable, acts of terrorism; or engages, directly or indirectly, in a significant transaction with— a senior member of Hamas, Palestinian Islamic Jihad, Al-Aqsa Martyrs Brigade, the Lion’s Den, or any affiliate or successor thereof; or a senior member of a foreign terrorist organization designated pursuant to section 219 of the Immigration and Nationality Act ( 8 U.S.C. 1189 ) that is responsible for providing, directly or indirectly, support to Hamas, Palestinian Islamic Jihad, Al-Aqsa Martyrs Brigade, the Lion’s Den, or any affiliate or successor thereof.

(“(c) Sanctions Described.— 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 a foreign person described in subsection (a) 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) 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 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 [ 50 U.S.C. 1705(a) ].

(“(e) Implementation; Regulations.— 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) for purposes of carrying out this section. Not later than 60 days after the date of the enactment of this division, the President shall issue regulations or other guidance as may be necessary for the implementation of this section.

(“(f) Waiver.— The President may waive, on a case-by-case basis and for a period of not more than 180 days, the application of sanctions under this section with respect to a foreign person only if, not later than 15 days prior to the date on which the waiver is to take effect, the President submits to the appropriate congressional committees a written determination and justification that the waiver is in the vital national security interests of the United States.

(“(g) 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 102 of the Agricultural Trade Act of 1978 ( 7 U.S.C. 5602 ). The term ‘medical device’ has the meaning given the term ‘device’ in section 201 of the Federal Food, Drug, and Cosmetic Act ( 21 U.S.C. 321 ). The term ‘medicine’ has the meaning given the term ‘drug’ in section 201 of the Federal Food, Drug, and Cosmetic Act ( 21 U.S.C. 321 ).

(“(h) Rule of Construction.— The authority to impose sanctions under this section with respect to a foreign person is in addition to the authority to impose sanctions under any other provision of law with respect to a foreign person that directly or indirectly supports acts of international terrorism.

“SEC. 4 IMPOSITION OF MEASURES WITH RESPECT TO FOREIGN STATES PROVIDING SUPPORT TO HAMAS, PALESTINIAN ISLAMIC JIHAD AND OTHER PALESTINIAN TERRORIST ORGANIZATIONS.

(“(a) In General.— Not later than 180 days after the date of enactment of this division [ Apr. 24, 2024 ], the President shall impose the measures described in subsection (c) with respect to a foreign state if the President determines that the foreign state, on or after the date of the enactment of this division, engages in an activity described in subsection (b).

(“(b) Activities Described.— A foreign state engages in an activity described in this subsection if the foreign state knowingly— provides significant material or financial support for acts of international terrorism, pursuant to— section 1754(c) of the Export Control Reform Act of 2018 ( 50 U.S.C. 4813(c)(1)(A) ) [sic]; section 620A of the Foreign Assistance Act of 1961 ( 22 U.S.C. 2371 ); section 40 of the Arms Export Control Act ( 22 U.S.C. 2780 ); or any other provision of law; provides significant material support to Hamas, the Palestinian Islamic Jihad, Al-Aqsa Martyrs Brigade, the Lion’s Den, or any affiliate or successor thereof; or engages in a significant transaction that materially contributes, directly or indirectly, to the terrorist activities of Hamas, the Palestinian Islamic Jihad, Al-Aqsa Martyrs Brigade, the Lion’s Den, or any affiliate or successor thereof.

(“(c) Measures Described.— The measures described in this subsection with respect to a foreign state are the following: The President shall suspend, for a period of at least 1 year, United States assistance to the foreign state. The Secretary of the Treasury shall instruct the United States Executive Director to each appropriate international financial institution to oppose, and vote against, for a period of 1 year, the extension by such institution of any loan or financial or technical assistance to the government of the foreign state. The President shall prohibit the export of any item on the United States Munitions List (established pursuant to section 38 of the Arms Export Control Act ( 22 U.S.C. 2778 )) or the Commerce Control List set forth in Supplement No. 1 to part 774 of title 15, Code of Federal Regulations, to the foreign state for a period of 1 year.

(“(d) 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 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 [ 50 U.S.C. 1705(a) ].

(“(e) Waiver.— The President may waive, on a case-by-case basis and for a period of not more than 180 days, the application of measures under this section with respect to a foreign state only if, not later than 15 days prior to the date on which the waiver is to take effect, the President submits to the appropriate congressional committees a written determination and justification that the waiver is in the vital national security interests of the United States.

(“(f) Implementation; Regulations.— 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) for purposes of carrying out this section. Not later than 60 days after the date of the enactment of this division, the President shall issue regulations or other guidance as may be necessary for the implementation of this section.

(“(g) Additional Exemptions.— The President may exempt the application of measures under this section with respect to a foreign state if the application of such measures would prevent the United States from meeting the terms of any status of forces agreement to which the United States is a party or meeting other obligations relating to the basing of United States service members. Measures under this section shall not apply with respect to 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 any authorized intelligence activities of the United States. Measures 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 clause (i). In this subsection: The term ‘agricultural commodity’ has the meaning given that term in section 102 of the Agricultural Trade Act of 1978 ( 7 U.S.C. 5602 ). The term ‘medical device’ has the meaning given the term ‘device’ in section 201 of the Federal Food, Drug, and Cosmetic Act ( 21 U.S.C. 321 ). The term ‘medicine’ has the meaning given the term ‘drug’ in section 201 of the Federal Food, Drug, and Cosmetic Act ( 21 U.S.C. 321 ).

(“(h) Rule of Construction.— The authority to impose measures under this section with respect to a foreign state is in addition to the authority to impose measures under any other provision of law with respect to foreign states that directly or indirectly support acts of international terrorism.

“SEC. 5 REPORTS ON ACTIVITIES TO DISRUPT GLOBAL FUNDRAISING, FINANCING, AND MONEY LAUNDERING ACTIVITIES OF HAMAS, PALESTINIAN ISLAMIC JIHAD, AL-AQSA MARTYRS BRIGADE, THE LION’S DEN OR ANY AFFILIATE OR SUCCESSOR THEREOF.

(“(a) In General.— Not later than 90 days after the date of enactment of this division [ Apr. 24, 2024 ], and every 180 days thereafter, the President shall submit to the appropriate congressional committees a report that includes— an assessment of the disposition of the assets and activities of Hamas, the Palestinian Islamic Jihad, Al-Aqsa Martyrs Brigade, the Lion’s Den, or any affiliate or successor thereof related to fundraising, financing, and money laundering worldwide; a list of foreign states that knowingly providing [sic] material, financial, or technical support for, or goods or services to Hamas, the Palestinian Islamic Jihad, Al-Aqsa Martyrs Brigade, the Lion’s Den, or any affiliate or successor thereof; a list of foreign states in which Hamas, the Palestinian Islamic Jihad, Al-Aqsa Martyrs Brigade, the Lion’s Den, or any affiliate or successor thereof conducts significant fundraising, financing, or money laundering activities; a list of foreign states from which Hamas, the Palestinian Islamic Jihad, Al-Aqsa Martyrs Brigade, the Lion’s Den, or any affiliate or successor thereof knowingly engaged in the transfer of surveillance equipment, electronic monitoring equipment, or other means to inhibit communication or the free flow of information in Gaza; and with respect to each foreign state listed in paragraph (2), (3), or (4)— a description of the steps the foreign state identified is taking adequate measures to restrict financial flows to Hamas, the Palestinian Islamic Jihad, Al-Aqsa Martyrs Brigade, the Lion’s Den, or any affiliates or successors thereof; and in the case of a foreign state failing to take adequate measures to restrict financial flows to Hamas, Palestinian Islamic Jihad, Al-Aqsa Martyrs Brigade, the Lion’s Den or any other designated entity engaged in significant act of terrorism threatening the peace and security of Israel— an assessment of the reasons that government is not taking adequate measures to restrict financial flows to those entities; and a description of measures being taken by the United States Government to encourage the foreign state to restrict financial flows to those entities; and [sic]

(“(b) Form.— Each report required by subsection (a) shall be submitted in unclassified form to the greatest extent possible, and may contain a classified annex.

“SEC. 6 TERMINATION.

“This division shall terminate on the earlier of— the date that is 7 years after the date of the enactment of this division [ Apr. 24, 2024 ]; or the date that is 30 days after the date on which the President certifies to the appropriate congressional committees that— Hamas or any successor or affiliate thereof is no longer designated as a foreign terrorist organization pursuant to section 219 of the Immigration and Nationality Act ( 8 U.S.C. 1189 ); Hamas, the Palestinian Islamic Jihad, Al-Aqsa Martyrs Brigade, the Lion’s Den, and any successor or affiliate thereof are no longer subject to sanctions pursuant to— Executive Order No. 12947 [ 50 U.S.C. 1701 note] ( January 23, 1995 ; relating to prohibiting transactions with terrorists who threaten to disrupt the Middle East peace process); and Executive Order No. 13224 [ 50 U.S.C. 1701 note] ( September 23, 2001 ; relating to blocking property and prohibiting transactions with persons who commit, threaten to commit, or support terrorism); and Hamas, the Palestinian Islamic Jihad, Al-Aqsa Martyrs Brigade, the Lion’s Den, and any successor or affiliate thereof meet the criteria described in paragraphs (1) through (4) of section 9 of the Palestinian Anti-Terrorism Act of 2006 [ Pub. L. 109–446 ] ( 22 U.S.C. 2378b note).

“SEC. 7 DEFINITIONS.

“In this division: The term ‘act of terrorism’ means an activity that— involves a violent act or an act dangerous to human life, property, or infrastructure; and appears to be intended to— intimidate or coerce a civilian population; influence the policy of a government by intimidation or coercion; or affect the conduct of a government by mass destruction, assassination, kidnapping, or hostage-taking. The term ‘admitted’ has the meaning given such term in section 101(a)(13)(A) of the Immigration and Nationality Act ( 8 U.S.C. 1101(a)(13)(A) ). 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. The term ‘foreign state’ has the meaning given such term in section 1603 of title 28 , United States Code. The term ‘humanitarian aid’ means food, medicine, and medical supplies. The term ‘material support’ has the meaning given the term ‘material support or resources’ in section 2339A of title 18 , United States Code. 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 of any jurisdiction within the United States, including a foreign branch of such an entity.”

“SEC. 1 SHORT TITLE.

“This division may be cited as the ‘Illicit Captagon Trafficking Suppression Act of 2023’.

“SEC. 2 FINDINGS.

“Congress finds the following: Industrial scale production of the amphetamine-type stimulant also known as captagon, and the illicit production of precursor chemicals, in territories held by the regime of President Bashar al Assad in Syria are becoming more sophisticated and pose a severe challenge to regional and international security. Elements of the Government of Syria are key drivers of illicit trafficking in captagon, with ministerial-level complicity in production and smuggling, using other armed groups such as Hizballah for technical and logistical support in captagon production and trafficking. As affiliates of the Government of Syria and other actors seek to export captagon, they undermine regional security by empowering a broad range of criminal networks, militant groups, mafia syndicates, and autocratic governments.

“SEC. 3 STATEMENT OF POLICY.

“It is the policy of the United States to target individuals, entities, and networks associated with the Government of Syria to dismantle and degrade the transnational criminal organizations, including narcotics trafficking networks, associated with the regime of President Bashar al Assad in Syria and Hizballah.

“SEC. 4 IMPOSITION OF SANCTIONS WITH RESPECT TO ILLICIT CAPTAGON TRAFFICKING.

(“(a) In General.— The sanctions described in subsection (b) shall be imposed with respect to any foreign person the President determines, on or after the date of enactment of this division [ Apr. 24, 2024 ]— engages in, or attempts to engage in, activities or transactions that have materially contributed to, or pose a significant risk of materially contributing to, the illicit production and international illicit proliferation of captagon; or knowingly receives any property or interest in property that the foreign person knows— constitutes or is derived from proceeds of activities or transactions that have materially contributed to, or pose a significant risk of materially contributing to, the illicit production and international illicit proliferation of captagon; or was used or intended to be used to commit or to facilitate activities or transactions that have materially contributed to, or pose a significant risk of materially contributing to, the illicit production and international illicit proliferation of captagon.

(“(b) Sanctions Described.— The sanctions described in this subsection are the following: The President shall exercise all authorities granted 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 come within the possession or control of a United States person. An alien described in subsection (a) shall be— 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 any alien described in subsection (a) is subject to revocation regardless of the issue date of the visa or other entry documentation. A revocation under clause (i) shall, in accordance with section 221(i) of the Immigration and Nationality Act ( 8 U.S.C. 1201(i) )— take effect immediately; and cancel any other valid visa or entry documentation that is in the possession of the alien.

(“(c) Penalties.— Any person that violates, or attempts to violate, subsection (b) or any regulation, license, or order issued pursuant to that subsection, shall be subject to the penalties set forth in subsections (b) and (c) of section 206 of the International Emergency Economic Powers Act ( 50 U.S.C. 1705 ) to the same extent as a person that commits an unlawful act described in subsection (a) of that section.

(“(d) Waiver.— The President may waive the application of sanctions under this section with respect to a foreign person only if, not later than 15 days prior to the date on which the waiver is to take effect, the President submits to the appropriate congressional committees a written determination and justification that the waiver is important to the national security interests of the United States. Not later than 60 days after the issuance of a waiver under paragraph (1), and every 180 days thereafter while the waiver remains in effect, the President shall brief the appropriate congressional committees on the reasons for the waiver.

(“(e) Implementation.— 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.

(“(f) Regulations.— The President shall, not later than 120 days after the date of the enactment of this division [ Apr. 24, 2024 ], promulgate regulations as necessary for the implementation of this section. Not later than 10 days before the promulgation of regulations under this subsection, the President shall notify the appropriate congressional committees of the proposed regulations and the provisions of this section that the regulations are implementing.

(“(g) Exceptions.— Sanctions under this section shall not apply to 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 any authorized intelligence activities of the United States. Sanctions under this section 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 authorized law enforcement activity in the United States. Sanctions under this division shall not apply to— the conduct or facilitation of a transaction for the provision of agricultural commodities, food, medicine, medical devices, humanitarian assistance, or for humanitarian purposes; or transactions that are necessary for or related to the activities described in clause (i). In this subsection: The term ‘agricultural commodity’ has the meaning given that term in section 102 of the Agricultural Trade Act of 1978 ( 7 U.S.C. 5602 ). The term ‘medical device’ has the meaning given the term ‘device’ in section 201 of the Federal Food, Drug, and Cosmetic Act ( 21 U.S.C. 321 ). The term ‘medicine’ has the meaning given the term ‘drug’ in section 201 of the Federal Food, Drug, and Cosmetic Act ( 21 U.S.C. 321 ).

“SEC. 5 DETERMINATIONS WITH RESPECT TO THE GOVERNMENT OF SYRIA, HIZBALLAH, AND NETWORKS AFFILIATED WITH THE GOVERNMENT OF SYRIA OR HIZBALLAH.

(“(a) In General.— Not later than 180 days after the date of the enactment of this division [ Apr. 24, 2024 ], the President shall— determine whether each foreign person described in subsection (b) meets the criteria for sanctions under this division; and submit to the appropriate congressional committees a report containing— a list of all foreign persons described in subsection (b) that meet the criteria for imposition of sanctions under this division; for each foreign person identified pursuant to subparagraph (A), a statement of whether sanctions have been imposed or will be imposed within 30 days of the submission of the report; and with respect to any person identified pursuant to subparagraph (A) for whom sanctions 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 such sanctions.

(“(b) Foreign Persons Described.— The foreign persons described in this subsection are the following: Maher Al Assad. Imad Abu Zureiq. Amer Taysir Khiti. Taher al-Kayyali. Raji Falhout. Mohammed Asif Issa Shalish. Abdellatif Hamid. Mustafa Al Masalmeh.

“SEC. 6 DEFINITIONS.

“In this division: The term ‘appropriate congressional committees’ means— the Committee on Foreign Affairs, the Committee on Financial Services, and the Committee on the Judiciary of the House of Representatives; and the Committee on Foreign Relations, the Committee on Banking, Housing, and Urban Affairs, and the Committee on the Judiciary of the Senate. The term ‘captagon’ means any compound, mixture, or preparation which contains any quantity of a stimulant in schedule I or II of section 202 of the Controlled Substances Act ( 21 U.S.C. 812 ), including— amphetamine, methamphetamine, and fenethylline; any immediate precursor or controlled substance analogue of such a stimulant, as defined in section 102 of the Controlled Substances Act ( 21 U.S.C. 802 ); and any isomers, esters, ethers, salts, and salts of isomers, esters, and ethers of such a stimulant, whenever the existence of such isomers, esters, ethers, and salts is possible within the specific chemical designation. The term ‘foreign person’— means an individual or entity that is not a United States person; and includes a foreign state (as such term is defined in section 1603 of title 28 , United States Code). The term ‘illicit proliferation’ refers to any illicit activity to produce, manufacture, distribute, sell, or knowingly finance or transport. The term ‘knowingly’ has the meaning given that term in section 14 of the Iran Sanctions Act of 1996 ( Public Law 104–172 ; 50 U.S.C. 1701 note). The term ‘United States person’ means— a United States citizen; a permanent resident alien of the United States; an entity organized under the laws of the United States or of any jurisdiction within the United States, including a foreign branch of such an entity; or a person in the United States.”

“SECTION 1 SHORT TITLE.

“This Act may be cited as the ‘Sanctioning the Use of Civilians as Defenseless Shields Act’.

“SEC. 2 STATEMENT OF POLICY.

“It shall be the policy of the United States to officially and publicly condemn the use of innocent civilians as human shields.

“SEC. 3 IMPOSITION OF SANCTIONS WITH RESPECT TO FOREIGN PERSONS THAT ARE RESPONSIBLE FOR THE USE OF CIVILIANS AS HUMAN SHIELDS.

(“(a) Imposition of Sanctions.— The President shall impose sanctions described in subsection (d) with respect to each person on the list required under subsection (b). The President may impose sanctions described in subsection (d) with respect to each person on the list described in subsection (c).

(“(b) Mandatory Sanctions List.— Not later than one year after the date of the enactment of this Act [ Dec. 21, 2018 ], and annually thereafter, the President shall submit to the appropriate congressional committees a list of the following: Each foreign person that the President determines, on or after the date of the enactment of this Act— is a member of Hizballah or is knowingly acting on behalf of Hizballah; and knowingly orders, controls, or otherwise directs the use of civilians protected as such by the law of war to shield military objectives from attack. Each foreign person that the President determines, on or after the date of the enactment of this Act— is a member of Hamas or is knowingly acting on behalf of Hamas; and knowingly orders, controls, or otherwise directs the use of civilians protected as such by the law of war to shield military objectives from attack. Each foreign person that the President determines, on or after the date of the enactment of the Strengthening Tools to Counter the Use of Human Shields Act [ Apr. 24, 2024 ]— is a member of Palestine Islamic Jihad or is knowingly acting on behalf of Palestine Islamic Jihad; and knowingly orders, controls, or otherwise directs the use of civilians protected as such by the law of war to shield military objectives from attack. Each foreign person or agency or instrumentality of a foreign state that the President determines, on or after the date of the enactment of this Act, knowingly and materially supports, orders, controls, directs, or otherwise engages in— any act described in subparagraph (B) of paragraph (1) by a person described in that paragraph; or any act described in subparagraph (B) of paragraph (2) by a person described in that paragraph.

(“(c) Permissive Sanctions List.— Not later than one year after the date of the enactment of this Act [ Dec. 21, 2018 ], and annually thereafter, the President should submit to the appropriate congressional committees a list of each foreign person that the President determines, on or after the date of the enactment of this Act, knowingly orders, controls, or otherwise directs the use of civilians protected as such by the law of war to shield military objectives from attack, excluding foreign persons included in the most recent list under subsection (b).

(“(d) Sanctions Described.— The sanctions to be imposed on a foreign person or an agency or instrumentality of a foreign state under this subsection are the following: 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 or agency or instrumentality of a foreign state if such property or 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 who the Secretary of State or the Secretary of Homeland Security determines is subject to sanctions under 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.). Any visa or other documentation issued to an alien who is subject to sanctions under subsection (a), regardless of when such visa or other documentation was issued, shall be revoked and such alien shall be denied admission to the United States. The sanctions under this paragraph shall not be imposed on an individual if admitting such individual to 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 with other applicable international obligations.

(“(e) Congressional Requests.— Not later than 120 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 (b) or (c), the President shall— determine if the person meets such criteria; and submit a written justification to the chairman and ranking member detailing whether or not the President imposed or intends to impose sanctions described in subsection (b) or (c) with respect to such person.

(“(f) 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 knowingly violates, attempts to violate, conspires to violate, or causes a violation of regulations prescribed to carry out this section to the same extent that such penalties apply to a person that knowingly commits an unlawful act described in section 206(a) of such Act.

(“(g) Procedures for Judicial Review of Classified Information.— If a finding under this section, or a prohibition, condition, or penalty imposed as a result of any such finding, 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 President 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 this section or any prohibition, condition, or penalty imposed as a result of any such finding.

(“(h) Waiver.— The President may waive the application of sanctions under this section if the President determines and reports to the appropriate congressional committees that such waiver is in the national security interest of the United States.

(“(i) Regulatory Authority.— 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 the date of the enactment of this Act [ Dec. 21, 2018 ], the President shall prescribe such regulations as may be necessary to implement this section.

(“(j) Rule of Construction.— Nothing in this section may be construed— to limit the authorities of the President pursuant to the International Emergency Economic Powers Act ( 50 U.S.C. 1701 et seq.) or any other relevant provision of law; or to apply with respect to 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.

“SEC. 4 DEFINITIONS.

“In this Act: The terms ‘admitted’ and ‘alien’ have the meanings given those terms in section 101 of the Immigration and Nationality Act ( 8 U.S.C. 1101 ). The term ‘agency or instrumentality of a foreign state’ has the meaning given that term in section 1603(b) of title 28 , United States Code. In this section, the term ‘appropriate congressional committees’ means— the Committee on Banking, Housing, and Urban Affairs, the Committee on Foreign Relations, and the Committee on the Judiciary of the Senate; and the Committee on Financial Services, the Committee on Foreign Affairs, and the Committee on the Judiciary of the House of Representatives. The term ‘foreign person’ means— any citizen or national of a foreign state, wherever located; or any entity not organized solely under the laws of the United States or existing solely in the United States. The term ‘Hamas’ means— the entity known as Hamas and designated by the Secretary of State as a foreign terrorist organization pursuant to section 219 of the Immigration and Nationality Act ( 8 U.S.C. 1189 ); or any person identified as an agent or instrumentality of Hamas on the list of specially designated nationals and blocked persons maintained by the Office of Foreign Asset Control of the Department of the Treasury, the property or interests in property of which are blocked pursuant to the International Emergency Economic Powers Act ( 50 U.S.C. 1701 et seq.). The term ‘Hizballah’ means— the entity known as Hizballah and designated by the Secretary of State as a foreign terrorist organization pursuant to section 219 of the Immigration and Nationality Act ( 8 U.S.C. 1189 ); or any person identified as an agent or instrumentality of Hizballah on the list of specially designated nationals and blocked persons maintained by the Office of Foreign Asset Control of the Department of the Treasury, the property or interests in property of which are blocked pursuant to the International Emergency Economic Powers Act ( 50 U.S.C. 1701 et seq.). The term ‘Palestine Islamic Jihad’ means— the entity known as Palestine Islamic Jihad and designated by the Secretary of State as a foreign terrorist organization pursuant to section 219 of the Immigration and Nationality Act ( 8 U.S.C. 1189 ); or any person identified as an agent or instrumentality of Palestine Islamic Jihad on the list of specially designated nationals and blocked persons maintained by the Office of Foreign Asset Control of the Department of the Treasury, the property or interests in property of which are blocked pursuant to the International Emergency Economic Powers Act ( 50 U.S.C. 1701 et seq.). The term ‘United States person’ means any United States citizen, permanent resident alien, entity organized under the laws of the United States (including foreign branches), or any person in the United States.

“SEC. 5 SUNSET.

“This Act shall cease to be effective on December 31, 2030 .

“SEC. 6 SEVERABILITY.

“If any provision of this Act, or the application of such provision to any person or circumstance, is found to be unconstitutional, the remainder of this Act, or the application of that provision to other persons or circumstances, shall not be affected.”

“SEC. 5 TARGETED SANCTIONS TO ADVANCE DEMOCRATIC ELECTIONS.

(“(a) Coordinated Strategy.— The Secretary of State and the Secretary of the Treasury, in consultation with the intelligence community (as defined in section 3 of the National Security Act of 1947 ( 50 U.S.C. 3003 )), shall develop and implement a coordinated strategy to align diplomatic engagement efforts with the implementation of targeted sanctions in order to support efforts to facilitate the necessary conditions for free, fair, and transparent elections in Nicaragua. Not later than 90 days after the date of the enactment of this Act [ Nov. 10, 2021 ], and every 90 days thereafter until December 31, 2022 , the Secretary of State and the Secretary of the Treasury shall brief the Committee on Foreign Relations of the Senate and the Committee on Foreign Affairs of the House of Representatives on steps to be taken by the United States Government to develop and implement the coordinated strategy required by paragraph (1).

(“(b) Targeted Sanctions Prioritization.— Pursuant to the coordinated strategy required by subsection (a), the President shall prioritize the implementation of the targeted sanctions required under section 5 of the Nicaragua Investment Conditionality Act of 2018 [ Pub. L. 115–335 , set out below]. In carrying out paragraph (1), the President— shall examine whether foreign persons involved in directly or indirectly obstructing the establishment of conditions necessary for the realization of free, fair, and transparent elections in Nicaragua are subject to sanctions under section 5 of the Nicaragua Investment Conditionality Act of 2018; and should, in particular, examine whether the following persons have engaged in conduct subject to such sanctions: Officials in the government of President Daniel Ortega. Family members of President Daniel Ortega. High-ranking members of the National Nicaraguan Police. High-ranking members of the Nicaraguan Armed Forces. Members of the Supreme Electoral Council of Nicaragua. Officials of the Central Bank of Nicaragua. Party members and elected officials from the Sandinista National Liberation Front and their family members. Individuals or entities affiliated with businesses engaged in corrupt financial transactions with officials in the government of President Daniel Ortega, his party, or his family. Individuals identified in the report required by section 8 [ 135 Stat. 418 ] as involved in significant acts of public corruption in Nicaragua.

“SEC. 6 DEVELOPING AND IMPLEMENTING A COORDINATED SANCTIONS STRATEGY WITH DIPLOMATIC PARTNERS.

(“(a) Findings.— Congress makes the following findings: On June 21, 2019 , the Government of Canada, pursuant to its Special Economic Measures Act, designated 9 officials of the Government of Nicaragua for the imposition of sanctions in response to gross and systematic human rights violations in Nicaragua. On May 4, 2020 , the European Union imposed sanctions with respect to 6 officials of the Government of Nicaragua identified as responsible for serious human rights violations and for the repression of civil society and democratic opposition in Nicaragua. On October 12, 2020 , the European Union extended its authority to impose restrictive measures on ‘persons and entities responsible for serious human rights violations or abuses or for the repression of civil society and democratic opposition in Nicaragua, as well as persons and entities whose actions, policies or activities otherwise undermine democracy and the rule of law in Nicaragua, and persons associated with them’.

(“(b) Sense of Congress.— It is the sense of Congress that the United States should encourage the Government of Canada, the European Union and governments of members [sic] countries of the European Union, and governments of countries in Latin America and the Caribbean to use targeted sanctions with respect to persons involved in human rights violations and the obstruction of free, fair, and transparent elections in Nicaragua.

(“(c) Coordinating International Sanctions.— The Secretary of State, working through the head of the Office of Sanctions Coordination established by section 1(h) [now section 1( l )] of the State Department Basic Authorities Act of 1956 ( 22 U.S.C. 2651a(h) [now 22 U.S.C. 2651a ( l )]), and in consultation with the Secretary of the Treasury, shall engage in diplomatic efforts with governments of countries that are partners of the United States, including the Government of Canada, governments of countries in the European Union, and governments of countries in Latin America and the Caribbean, to impose targeted sanctions with respect to the persons described in section 5(b) in order to advance democratic elections in Nicaragua.

(“(d) Briefing Requirement.— Not later than 90 days after the date of the enactment of this Act [ Nov. 10, 2021 ], and every 90 days thereafter until December 31, 2022 , the Secretary of State, in consultation with the Secretary of the Treasury, shall brief the Committee on Foreign Relations of the Senate and the Committee on Foreign Affairs of the House of Representatives on the implementation of this section.

“SEC. 14 DEFINITION.

“In this Act [see Short Title of 2021 Amendment note set out above], the term ‘Nicaragua Investment Conditionality Act of 2018’ means the Public Law 115–335 ( 50 U.S.C. 1701 note), as amended by section 13.”

“SECTION 1 SHORT TITLE; TABLE OF CONTENTS.

(“(a) Short Title.— This Act may be cited as the ‘Nicaragua Investment Conditionality Act of 2018’ or the ‘NICA Act’.

(“(b) Table of Contents.—

“SEC. 2 SENSE OF CONGRESS ON ADVANCING A NEGOTIATED SOLUTION TO NICARAGUA’S CRISIS.

“It is the sense of Congress that— credible negotiations between the Government of Nicaragua and representatives of Nicaragua’s civil society, student movement, private sector, and political opposition, mediated by the Catholic Church in Nicaragua, represent the best opportunity to reach a peaceful solution to the current political crisis that includes— a commitment to hold early elections that meet democratic standards and permit credible international electoral observation; the cessation of the violence perpetrated against civilians by the National Police of Nicaragua and by armed groups supported by the Government of Nicaragua; and independent investigations into the killings of protesters; and negotiations between the Government of Nicaragua and representatives of Nicaragua’s civil society, student movement, private sector, and political opposition, mediated by the Catholic Church in Nicaragua, have not resulted in an agreement as of the date of the enactment of this Act [ Dec. 20, 2018 ] because the Government of Nicaragua has failed to credibly participate in the process.

“SEC. 3 STATEMENT OF POLICY.

“It is the policy of the United States to support— the rule of law and an independent judiciary and electoral council in Nicaragua; democratic governance in Nicaragua; free and fair elections overseen by credible domestic and international observers in Nicaragua; and anti-corruption and transparency efforts in Nicaragua.

“SEC. 4 RESTRICTIONS ON INTERNATIONAL FINANCIAL INSTITUTIONS RELATING TO NICARAGUA.

(“(a) Sense of Congress.— It is the sense of Congress that the Secretary of the Treasury should take all possible steps, including through the full implementation of the exceptions set forth in subsection (c), to ensure that the restrictions required under subsection (b) do not negatively impact the basic human needs of the people of Nicaragua.

(“(b) Restrictions.— The Secretary of the Treasury shall— instruct the United States Executive Director at each international financial institution of the World Bank Group to use the voice, vote, and influence of the United States to oppose the extension by the International Finance Corporation of any loan or financial or technical assistance to the Government of Nicaragua for a project in Nicaragua; instruct the United States Executive Director of the Inter-American Development Bank to use the voice, vote, and influence of the United States to oppose the extension by the Bank of any loan or financial or technical assistance to the Government of Nicaragua for a project in Nicaragua; and instruct the United States Executive Director of each other international financial institution, including the International Monetary Fund, to work with other key donor countries to develop a coherent policy approach to future engagements with and lending to the Government of Nicaragua, in a manner that will advance human rights, including the full restoration of the rights guaranteed to the people of Nicaragua through the commitments made by the Government of Nicaragua as a signatory of the International Covenant on Civil and Political Rights.

(“(c) Exceptions for Basic Human Needs and Democracy Promotion.— The restrictions under paragraphs (1) and (2) of subsection (b) shall not apply with respect to any loan or financial or technical assistance provided to address basic human needs or to promote democracy in Nicaragua.

(“(d) Increased Oversight.— The United States Executive Director at each international financial institution of the World Bank Group, the United States Executive Director at the Inter-American Development Bank, and the United States Executive Director at each other international financial institution, including the International Monetary Fund, shall take all practicable steps— to increase scrutiny of any loan or financial or technical assistance provided for a project in Nicaragua; and to ensure that the loan or assistance is administered through an entity with full technical, administrative, and financial independence from the Government of Nicaragua. The United States Executive Director at each international financial institution described in paragraph (1) shall use the voice, vote, and influence of the United States to encourage that institution to increase oversight mechanisms for new and existing loans or financial or technical assistance provided for a project in Nicaragua.

(“(e) Interagency Consultation.— Before implementing the restrictions described in subsection (b), or before exercising an exception under subsection (c), the Secretary of the Treasury shall consult with the Secretary of State and with the Administrator of the United States Agency for International Development to ensure that all loans and financial or technical assistance to Nicaragua are consistent with United States foreign policy objectives as defined in section 3.

(“(f) Report.— Not later than 180 days after the date of the enactment of the RENACER Act [ Nov. 10, 2021 ], and annually thereafter until the termination date specified in section 10, the Secretary of the Treasury, in coordination with the Secretary of State and the Administrator of the United States Agency for International Development, shall submit to the appropriate congressional committees a report on the implementation of this section, which shall include— summary of any loans and financial and technical assistance provided by international financial institutions for projects in Nicaragua; a description of the implementation of the restrictions described in subsection (b); an identification of the occasions in which the exceptions under subsection (c) are exercised and an assessment of how the loan or assistance provided with each such exception may address basic human needs or promote democracy in Nicaragua; a description of the results of the increased oversight conducted under subsection (d); and a description of international efforts to address the humanitarian needs of the people of Nicaragua.

“SEC. 5 IMPOSITION OF TARGETED SANCTIONS WITH RESPECT TO NICARAGUA.

(“(a) In General.— The President shall impose the sanctions described in subsection (c) with respect to any foreign person, including any current or former official of the Government of Nicaragua or any person acting on behalf of that Government, that the President determines— to be responsible for or complicit in, or responsible for ordering, controlling, or otherwise directing, or to have knowingly participated in, directly or indirectly, any activity described in subsection (b); to be a leader of— an entity that has, or whose members have, engaged in any activity described in subsection (b); or an entity whose property and interests in property are blocked under subsection (c)(1)(A) as a result of activities related to the tenure of the leader; to have knowingly materially assisted, sponsored, or provided financial, material, or technological support for, or goods or services in support of— an activity described in subsection (b); or a person whose property and interests in property are blocked under subsection (c)(1)(A); or to be owned or controlled by, or to have knowingly acted or purported to act for or on behalf of, directly or indirectly, any person whose property and interests in property are blocked under subsection (c)(1)(A).

(“(b) Activities Described.— An activity described in this subsection is any of the following in or in relation to Nicaragua on or after April 18, 2018 : Significant acts of violence or conduct that constitutes a serious abuse or violation of human rights against persons associated with the protests in Nicaragua that began on April 18, 2018 . Significant actions or policies that undermine democratic processes or institutions. Acts of significant corruption by or on behalf of the Government of Nicaragua or a current or former official of the Government of Nicaragua, including— the expropriation of private or public assets for personal gain or political purposes; corruption related to government contracts; bribery; or the facilitation or transfer of the proceeds of corruption. The arrest or prosecution of a person, including an individual or media outlet disseminating information to the public, primarily because of the legitimate exercise by such person of the freedom of speech, assembly, or the press.

(“(c) Sanctions Described.— The sanctions described in this subsection are the following: The exercise of 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 person determined by the President to be subject to subsection (a) 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 an alien determined by the President to be subject to subsection (a), denial of a visa to, and exclusion from the United States of, the alien, and revocation in accordance with section 221(i) of the Immigration and Nationality Act ( 8 U.S.C. 1201(i) ), of any visa or other documentation of the alien. A person that violates, attempts to violate, conspires to violate, or causes a violation of a measure imposed pursuant to paragraph (1)(A) or any regulation, license, or order issued to carry out paragraph (1)(A) shall be subject to the penalties set forth in subsections (b) and (c) of section 206 of the International Emergency Economic Powers Act ( 50 U.S.C. 1705 ) to the same extent as a person that commits an unlawful act described in subsection (a) of that section. The requirement to block and prohibit all transactions in all property and interests in property under paragraph (1)(A) shall not include the authority to impose sanctions on the importation of goods. Sanctions under paragraph (1)(B) shall not apply to an alien if admitting 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.

(“(d) Implementation; Regulatory Authority.— 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 President shall issue such regulations, licenses, and orders as are necessary to carry out this section.

“SEC. 6 ANNUAL CERTIFICATION AND WAIVER.

(“(a) Certification.— Not later than 180 days after the date of the enactment of this Act [ Dec. 20, 2018 ], and annually thereafter, the Secretary of State shall submit to the appropriate congressional committees a report certifying whether the Government of Nicaragua is taking effective steps— to strengthen the rule of law and democratic governance, including the independence of the judicial system and electoral council; to combat corruption, including by investigating and prosecuting cases of public corruption; to protect civil and political rights, including the rights of freedom of the press, speech, and association, for all people of Nicaragua, including political opposition parties, journalists, trade unionists, human rights defenders, indigenous peoples, and other civil society activists; to investigate and hold accountable officials of the Government of Nicaragua and other persons responsible for the killings of individuals associated with the protests in Nicaragua that began on April 18, 2018 ; and to hold free and fair elections overseen by credible domestic and international observers[.]

(“(b) Waiver.— If the Secretary certifies to the appropriate congressional committees under subsection (a) that the Government of Nicaragua is taking effective steps as described in that subsection, the President may waive the application of the restrictions under section 4 and sanctions under section 5 for a period of not more than one year beginning on the date of the certification. The President may waive the application of the restrictions under section 4 and sanctions under section 5 if the President— determines that such a waiver is in the national interest of the United States; and submits to the appropriate congressional committees a notice of and justification for the waiver. It is the sense of Congress that the President should exercise the waiver authority provided under paragraph (1) if the Secretary of State certifies under subsection (a) that the Government of Nicaragua is taking effective steps as described in that subsection.

(“(c) Consultation.— In preparing a certification required by subsection (a), the Secretary shall consult with the appropriate congressional committees.

(“(d) Annual Briefing.— The Secretary shall annually brief the appropriate congressional committees on whether the Government of Nicaragua is taking effective steps as described in subsection (a).

“SEC. 7 REPORT ON HUMAN RIGHTS VIOLATIONS AND CORRUPTION IN NICARAGUA.

(“(a) In General.— Not later than 180 days after the date of the enactment of this Act, the Secretary of State, acting through the Assistant Secretary of State for Intelligence and Research, and in coordination with the Secretary of the Treasury and the Director of National Intelligence, shall submit to the appropriate congressional committees a report on— the involvement of senior officials of the Government of Nicaragua, including members of the Supreme Electoral Council, the National Assembly, and the judicial system, in human rights violations, acts of significant corruption, and money laundering; and persons that transfer, or facilitate the transfer of, goods or technologies for use in or with respect to Nicaragua, that are used by the Government of Nicaragua to commit serious human rights violations against the people of Nicaragua.

(“(b) Form.— The report required by subsection (a) may be classified.

“SEC. 8 CIVIL SOCIETY ENGAGEMENT STRATEGY.

“Not later than 90 days after the date of the enactment of this Act, the Secretary of State shall brief the appropriate congressional committees on a strategy— for engaging relevant elements of civil society in Nicaragua, including independent media, human rights, and anti-corruption organizations, to strengthen rule of law and increase accountability for human rights abuses and corruption in Nicaragua; and setting forth measures to support the protection of human rights and anti-corruption advocates in Nicaragua.

“SEC. 9 REFORM OF WESTERN HEMISPHERE DRUG POLICY COMMISSION.

“SEC. 10 TERMINATION.

“The provisions of this Act (other than section 9) shall terminate on December 31, 2023 .

“SEC. 11 DEFINITIONS.

“In this Act: The term ‘appropriate congressional committees’ means— the Committee on Foreign Relations, the Committee on Banking, Housing, and Urban Affairs, and the Committee on Appropriations of the Senate; and the Committee on Foreign Affairs, the Committee on Financial Services, and the Committee on Appropriations of the House of Representatives. The term ‘good’ means any article, natural or manmade substance, material, supply or manufactured product, including inspection and test equipment, and excluding technical data. The term ‘person’ means an individual or entity. The term ‘United States person’ means any United States citizen, permanent resident alien, entity organized under the laws of the United States or any jurisdiction within the United States (including a foreign branch of such an entity), or any person in the United States.”

“SECTION 1 SHORT TITLE; TABLE OF CONTENTS.

(“(a) Short Title.— This Act may be cited as the ‘Hizballah International Financing Prevention Act of 2015’.

(“(b) Table of Contents.—

“SEC. 2 STATEMENT OF POLICY.

“It shall be the policy of the United States to— prevent Hizballah’s global logistics and financial network from operating in order to curtail funding of its domestic and international activities; and utilize all available diplomatic, legislative, and executive avenues to combat the global criminal activities of Hizballah as a means to block that organization’s ability to fund its global terrorist activities.

“SEC. 101 MANDATORY SANCTIONS WITH RESPECT TO FUNDRAISING AND RECRUITMENT ACTIVITIES FOR HIZBALLAH.

(“(a) In General.— The President shall, on or after the date of the enactment of the Hizballah International Financing Prevention Amendments Act of 2018 [ Oct. 25, 2018 ], impose the sanctions described in subsection (b) with respect to any foreign person that the President determines knowingly provides significant financial, material, or technological support for or to— Bayt al-Mal, Jihad al-Bina, the Islamic Resistance Support Association, the Foreign Relations Department of Hizballah, the External Security Organization of Hizballah, or any successor or affiliate thereof as designated by the President; al-Manar TV, al Nour Radio, or the Lebanese Media Group, or any successor or affiliate thereof as designated by the President; a foreign person determined by the President to be engaged in fundraising or recruitment activities for Hizballah; or a foreign person owned or controlled by a person described in paragraph (1), (2), or (3).

(“(b) Sanctions Described.— The sanctions described in this subsection are the following: The exercise of all powers granted to the President by the International Emergency Economic Powers Act ( 50 U.S.C. 1701 et seq.) (except that the requirements of section 202 of such Act ( 50 U.S.C. 1701 ) shall not apply) to the extent necessary to block and prohibit all transactions in all property and interests in property of a foreign person determined by the President to be subject to subsection (a) 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 who the Secretary of State or the Secretary of Homeland Security (or designee of one of such Secretaries) determines is subject to 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.). The Secretary of State or the Secretary of Homeland Security (or designee of one of such Secretaries) shall revoke any visa or other entry documentation issued to an alien who the President determines is subject to subsection (a), regardless of when issued. A revocation under clause (i) shall take effect immediately and shall automatically cancel any other valid visa or entry documentation that is in the possession of the alien.

(“(c) Waiver.— The President may, for periods not to exceed 180 days, waive the imposition of sanctions under this section if the President certifies to the appropriate congressional committees that such waiver is in the national security interests of the United States. Not later than 30 days after the issuance of a waiver under paragraph (1) with respect to a foreign person, and every 180 days thereafter while the waiver remains in effect, the President shall brief the appropriate congressional committees on the status of the involvement of the foreign person in activities described in subsection (a).

(“(d) Definitions.— In this section: The terms ‘admitted’ and ‘alien’ have meanings given those terms in section 101 of the Immigration and Nationality Act ( 8 U.S.C. 1101 ). The term ‘appropriate congressional committees’ means— the Committee on Foreign Affairs, the Committee on Ways and Means, the Committee on the Judiciary, the Committee on Financial Services, and the Permanent Select Committee on Intelligence of the House of Representatives; and the Committee on Foreign Relations, the Committee on Finance, the Committee on Banking, Housing, and Urban Affairs, the Committee on the Judiciary, and the Select Committee on Intelligence of the Senate. The term ‘entity’ means a partnership, association, corporation, or other organization, group, or subgroup. The term ‘foreign person’ means any person that is not a United States person. The term ‘Hizballah’ has the meaning given such term in section 102(e). The term ‘person’ means an individual or entity. The term ‘United States person’ means a United States citizen, an alien lawfully admitted for permanent residence, an entity organized under the laws of the United States (including foreign branches), or a person in the United States.

“SEC. 102 SANCTIONS WITH RESPECT TO FINANCIAL INSTITUTIONS THAT ENGAGE IN CERTAIN TRANSACTIONS.

(“(a) Prohibitions and Conditions With Respect to Certain Accounts Held by Foreign Financial Institutions.— Not later than 120 days after the date of the enactment of this Act [ Dec. 18, 2015 ], the President 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 President determines, on or after such date of enactment, 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— knowingly facilitates a significant transaction or transactions for Hizballah; knowingly facilitates a significant transaction or transactions of a person identified on the list of specially designated nationals and blocked persons maintained by the Office of Foreign Assets Control of the Department of the Treasury and the property and interests in property of which are blocked pursuant to the International Emergency Economic Powers Act ( 50 U.S.C. 1701 et seq.) for acting on behalf of or at the direction of, or being owned or controlled by, Hizballah; knowingly engages in money laundering to carry out an activity described in subparagraph (A) or (B); or knowingly facilitates a significant transaction or transactions or provides significant financial services to carry out an activity described in subparagraph (A), (B), or (C).

(“(b) Waiver.— The President may waive, on a case-by-case basis, the application of a prohibition or condition imposed with respect to a foreign financial institution pursuant to subsection (a) for a period of not more than 180 days, and may renew the waiver for additional periods of not more than 180 days, on and after the date on which the President— determines that such a waiver is in the national security interests of the United States; and submits to the appropriate congressional committees a report describing the reasons for such determination. The report required by paragraph (1)(B) shall be submitted in unclassified form, but may contain a classified annex.

(“(c) Special Rule To Allow for Termination of Sanctionable Activity.— The President shall not be required to apply sanctions to a foreign financial institution described in subsection (a) if the President certifies in writing to the appropriate congressional committees that— the foreign financial institution— is no longer engaging in the activity described in subsection (a)(2); or has taken and is continuing to take significant verifiable steps toward terminating the activity described in that subsection; and the President has received reliable assurances from the government with primary jurisdiction over the foreign financial institution that the foreign financial institution will not engage in any activity described in subsection (a)(2) in the future.

(“(d) Report on Financial Institutions Organized Under the Laws of State Sponsors of Terrorism.— Not later than 180 days after the date of the enactment of the Hizballah International Financing Prevention Amendments Act of 2018 [ Oct. 25, 2018 ], and every 2 years thereafter for a period not to exceed 4 years, the President shall submit to the appropriate congressional committees a report that— identifies each foreign financial institution described in paragraph (2) that the President determines engages in one or more activities described in subsection (a)(2); and provides a detailed description of each such activity. A foreign financial institution described in this paragraph is a foreign financial institution— that, wherever located, is— organized under the laws of a state sponsor of terrorism or any jurisdiction within a state sponsor of terrorism; owned or controlled by the government of a state sponsor of terrorism; located in the territory of a state sponsor of terrorism; or owned or controlled by a foreign financial institution described in subclause (I), (II), or (III); and the capitalization of which exceeds $10,000,000. In this paragraph, the term ‘state sponsor of terrorism’ means a country the government of which the Secretary of State has determined is a government that has repeatedly provided support for acts of international terrorism for purposes of— section 1754(c) of the Export Control Reform Act of 2018 [ 50 U.S.C. 4813(c) ]; section 620A of the Foreign Assistance Act of 1961 ( 22 U.S.C. 2371 ); section 40 of the Arms Export Control Act ( 22 U.S.C. 2780 ); or any other provision of law.

(“(e) 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 , United States Code. 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. The term ‘financial institution’ means a financial institution specified in subparagraph (A), (B), (C), (D), (E), (F), (G), (H), (I), (J), (K), (M), (N), (P), (R), (T), (Y), or (Z) of section 5312(a)(2) of title 31 , United States Code. The term ‘foreign financial institution’ has the meaning given that term in section 1010.605 of title 31, Code of Federal Regulations. The term ‘Hizballah’ means— the entity known as Hizballah and designated by the Secretary of State as a foreign terrorist organization pursuant to section 219 of the Immigration and Nationality Act ( 8 U.S.C. 1189 ); or any person— the property or interests in property of which are blocked pursuant to the International Emergency Economic Powers Act ( 50 U.S.C. 1701 et seq.); and who is identified on the list of specially designated nationals and blocked persons maintained by the Office of Foreign Assets Control of the Department of the Treasury as an agent, instrumentality, or affiliate of Hizballah. The term ‘money laundering’ includes 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 President may further define the terms used in this section in the regulations prescribed under this section.

“SEC. 103 SANCTIONS AGAINST CERTAIN AGENCIES AND INSTRUMENTALITIES OF FOREIGN STATES.

(“(a) Sanctions.— Not later than 180 days after the date of the enactment of the Hizballah International Financing Prevention Amendments Act of 2018 [ Oct. 25, 2018 ], and as appropriate thereafter, the President shall impose the sanctions described in paragraph (3) with respect to an agency or instrumentality of a foreign state described in paragraph (2). An agency or instrumentality of a foreign state is described in this paragraph if the President determines that the agency or instrumentality has, on or after the date of the enactment of the Hizballah International Financing Prevention Amendments Act of 2018, knowingly— conducted significant joint combat operations with, or significantly supported combat operations of, Hizballah; or provided significant financial support for or to, or significant arms or related materiel to, Hizballah. The sanctions described in this paragraph are the exercise of all powers granted to the President by the International Emergency Economic Powers Act ( 50 U.S.C. 1701 et seq.) (except that the requirements of section 202 of such Act ( 50 U.S.C. 1701 ) shall not apply) to the extent necessary to block and prohibit all transactions in all property and interests in property of an agency or instrumentality of a foreign state 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.

(“(b) Waiver.— The President may, for periods not to exceed 180 days, waive the imposition of sanctions under this section with respect to an agency or instrumentality of a foreign state if the President certifies to the appropriate congressional committees that such waiver is vital to the national security interests of the United States. Not later than 30 days after the issuance of a waiver under paragraph (1) with respect to an agency or instrumentality of a foreign state, and every 180 days thereafter while the waiver remains in effect, the President shall brief the appropriate congressional committees on the status of the involvement of the agency or instrumentality in activities described in subsection (a)(2).

(“(c) Special Rule.— The President shall not be required to impose sanctions under this section with respect to an agency or instrumentality of a foreign state if the Secretary certifies in writing to the appropriate congressional committees that— the agency or instrumentality— is no longer engaging in activities described in subsection (a)(2); or has taken and is continuing to take significant verifiable steps toward terminating such activities; and the President has received reliable assurances from the government of the foreign state that the agency or instrumentality will not engage in any activity described in subsection (a)(2) in the future.

(“(d) Definitions.— In this section: The term ‘agency or instrumentality of a foreign state’ has the meaning given the term in section 1603(b) of title 28 , United States Code. The term ‘appropriate congressional committees’ means— the Committee on Foreign Affairs, the Committee on Financial Services, the Committee on Ways and Means, the Committee on the Judiciary, the Committee on Appropriations, and the Permanent Select Committee on Intelligence of the House of Representatives; and the Committee on Foreign Relations, the Committee on Banking, Housing, and Urban Affairs, the Committee on the Judiciary, Committee on Finance, Committee on Appropriations, and the Select Committee on Intelligence of the Senate. The term ‘arms or related materiel’ means— nuclear, biological, chemical, or radiological weapons or materials or components of such weapons; ballistic or cruise missile weapons or materials or components of such weapons; and destabilizing numbers and types of advanced conventional weapons. The term ‘Hizballah’ has the meaning given such term in section 102(e). The term ‘United States person’ has the meaning given such term in section 101(d).

“SEC. 104 DIPLOMATIC INITIATIVES TO PREVENT HOSTILE ACTIVITIES BY IRAN AND DISRUPT AND DEGRADE HIZBALLAH’S ILLICIT NETWORKS.

“Not later than 180 days after the date of the enactment of the Hizballah International Financing Prevention Amendments Act of 2018 [ Oct. 25, 2018 ], the President shall instruct the Secretary of State, in consultation with the Secretary of the Treasury, to increase cooperation with foreign governments to assist in strengthening the capacity of such governments to prevent hostile activity by Iran and disrupt and degrade Hizballah’s illicit activities, including diplomatic engagement that involves— efforts to target and expose illicit finance networks, arrest perpetrators, freeze assets, and address Iran and Hizballah’s use of illicit financial networks using international trade and banking systems; efforts to assist willing governments with the development of counter-organized crime legislation, the strengthening of financial investigative capacity, and a fully-vetted counter-organized crime judicial model in jurisdictions plagued with corruption; and efforts to persuade governments to list Hizballah as a terrorist organization.

“SEC. 105 IMPLEMENTATION; PENALTIES; JUDICIAL REVIEW; EXEMPTIONS; RULE OF CONSTRUCTION.

(“(a) Implementation.— 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 sections 101, 102, 103, and 201 of this Act.

(“(b) Penalties.— The penalties provided for in subsections (b) and (c) of section 206 of the International Emergency Economic Powers Act ( 50 U.S.C. 1705 ) shall apply to a person that violates, attempts to violate, conspires to violate, or causes a violation of regulations prescribed to carry out section 101, 102, 103, or 201 of this Act to the same extent that such penalties apply to a person that commits an unlawful act described in subsection (a) of such section 206.

(“(c) Procedures for Judicial Review of Classified Information.— If a finding under section 101, 102, 103, or 201 of this Act, or a prohibition, condition, or penalty imposed as a result of any such finding, 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 President 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 section 101, 102, 103, or 201 of this Act, or any prohibition, condition, or penalty imposed as a result of any such finding.

(“(d) Exemptions.— The following activities shall be exempt from sections 101, 102, 103, and 201 of this Act: Any authorized intelligence, law enforcement, or national security activities of the United States. Any transaction 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 States, signed at Lake Success June 26, 1947 , and entered into force November 21, 1947 , or the Convention on Consular Relations, done at Vienna April 24, 1963 , and entered into force March 19, 1967 , or any other United States international agreement.

(“(e) Rule of Construction.— Nothing in section 101, 102, 103, or 201 of this Act shall be construed to limit the authority of the President under the International Emergency Economic Powers Act ( 50 U.S.C. 1701 et seq.) or under any other provision of law.

(“(f) Exception Relating to Importation of Goods.— The authorities and requirements to impose sanctions under this Act shall not include the authority or requirement to impose sanctions on the importation of goods. In this subsection, the term ‘good’ means any article, natural or manmade substance, material, supply or manufactured product, including inspection and test equipment, and excluding technical data.

“SEC. 201 IMPOSITION OF SANCTIONS WITH RESPECT TO AFFILIATED NETWORKS OF HIZBALLAH FOR TRANSNATIONAL CRIMINAL ACTIVITIES.

(“(a) In General.— The President shall, on or after the date of the enactment of the Hizballah International Financing Prevention Amendments Act of 2018 [ Oct. 25, 2018 ], impose the sanctions described in subsection (b) with respect to affiliated networks of Hizballah, including, as appropriate, by reason of significant transnational criminal activities engaged in by such networks.

(“(b) Sanctions Described.— The sanctions described in this subsection are sanctions applicable with respect to Hizballah pursuant to any provision of law, including Executive Order 13581 ( 50 U.S.C. 1701 note; relating to blocking property of transnational criminal organizations) (as such Executive Order was in effect on the day before the date of the enactment of the Hizballah International Financing Prevention Amendments Act of 2018).

(“(c) Waiver.— The President may, for periods not to exceed 180 days, waive the imposition of sanctions under this section if the President certifies to the appropriate congressional committees that such waiver is in the national security interests of the United States.

(“(d) Definitions.— In this section: The term ‘appropriate congressional committees’ means— the Committee on Foreign Affairs, the Committee on Ways and Means, the Committee on Appropriations, the Committee on Financial Services, and the Permanent Select Committee on Intelligence of the House of Representatives; and the Committee on Foreign Relations, the Committee on Banking, Housing, and Urban Affairs, the Committee on Appropriations, and the Select Committee on Intelligence of the Senate. The term ‘Hizballah’ has the meaning given such term in section 102(e).

“SEC. 202 REPORT ON RACKETEERING ACTIVITIES ENGAGED IN BY HIZBALLAH.

(“(a) In General.— Not later than 180 days after the date of the enactment of the Hizballah International Financing Prevention Amendments Act of 2018 [ Oct. 25, 2018 ], the President shall submit to the appropriate congressional committees a report on information regarding activities that Hizballah, and agents and affiliates of Hizballah, have engaged in that are racketeering activities, including any patterns regarding such racketeering activities.

(“(b) Form of Report.— Each report required under subsection (a) shall be submitted in an unclassified form but may contain a classified annex.

(“(c) Definitions.— In this section: The term ‘appropriate congressional committees’ means— the Committee on the Judiciary, the Committee on Foreign Affairs, the Committee on Financial Services, and the Committee on Appropriations of the House of Representatives; and the Committee on the Judiciary, the Committee on Foreign Relations, the Committee on Banking, Housing, and Urban Affairs, and the Committee on Appropriations of the Senate. The term ‘Hizballah’ has the meaning given such term in section 102(e). The term ‘racketeering activity’ means any activity that would be considered a racketeering activity (as defined in section 1961(1) of title 18 , United States Code) if the activity were engaged in the United States or by a United States person. The term ‘United States person’ has the meaning given such term in section 101(d).

“SEC. 203 REWARDS FOR JUSTICE AND HIZBALLAH’S FUNDRAISING, FINANCING, AND MONEY LAUNDERING ACTIVITIES.

(“(a) Report.— Not later than 90 days after the date of the enactment of this Act [ Dec. 18, 2015 ], the Secretary of State shall submit to the appropriate congressional committees a report that details actions taken by the Department of State through the Department of State rewards program under section 36 of the State Department Basic Authorities Act [of 1956] ( 22 U.S.C. 2708 ) to obtain information on fundraising, financing, and money laundering activities of Hizballah and its agents and affiliates.

(“(b) Briefing.— Not later than 90 days after the date of the enactment of this Act [ Dec. 18, 2015 ], and annually thereafter, the Secretary of State shall provide a briefing to the appropriate congressional committees on the status of the actions described in subsection (a).

(“(c) Appropriate Congressional Committees Defined.— In this section, 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. 204 REPORT ON ACTIVITIES OF FOREIGN GOVERNMENTS TO DISRUPT GLOBAL LOGISTICS NETWORKS AND FUNDRAISING, FINANCING, AND MONEY LAUNDERING ACTIVITIES OF HIZBALLAH.

(“(a) Report.— Not later than 90 days after the date of the enactment of the Hizballah International Financing Prevention Amendments Act of 2018 [ Oct. 25, 2018 ], and once every 2 years thereafter for the following 4 years, the President shall submit to the appropriate congressional committees a report that includes— a list of countries that support Hizballah or in which Hizballah maintains important portions of its global logistics networks; with respect to each country on the list required by subparagraph (A)— an assessment of whether the government of the country is taking adequate measures to disrupt the global logistics networks of Hizballah within the territory of the country; and in the case of a country the government of which is not taking adequate measures to disrupt such networks— an assessment of the reasons that government is not taking such adequate measures; and a description of measures being taken by the United States to encourage that government to improve measures to disrupt such networks; a list of countries in which Hizballah, or any of its agents or affiliates, conducts significant fundraising, financing, or money laundering activities; with respect to each country on the list required by subparagraph (C)— an assessment of whether the government of the country is taking adequate measures to disrupt the fundraising, financing, or money laundering activities of Hizballah and its agents and affiliates within the territory of the country; and in the case of a country the government of which is not taking adequate measures to disrupt such activities— an assessment of the reasons that government is not taking such adequate measures; and a description of measures being taken by the United States to encourage that government to improve measures to disrupt such activities; a list of methods that Hizballah, or any of its agents or affiliates, utilizes to raise or transfer funds, including trade-based money laundering, the use of foreign exchange houses, free-trade zones, business partnerships and joint ventures, and other investments in small and medium-sized enterprises; a list of jurisdictions outside of Lebanon that expressly consent to, or with knowledge allow, the use of their territory by Hizballah to carry out terrorist activities, including training, financing, and recruitment; a description of the total aggregate revenues and remittances that Hizballah receives from the global logistics networks of Hizballah; a list of Hizballah’s sources of revenue, including sources of revenue based on illicit activity, revenues from Iran, charities, and other business activities; a list of Hizballah’s expenditures, including expenditures for ongoing military operations, social networks, and external operations; a description of steps to be taken by Federal agencies to combat the illicit tobacco trafficking networks used by Hizballah; an assessment of Hizballah’s financial operations in areas under its operational or political control in Lebanon and Syria and available measures to target Hizballah’s financial operations in those areas; a review of Hizballah’s international operational capabilities, including in the United States; a review of— the total number and value of Hizballah-related assets seized and forfeited; and the total number of indictments, prosecutions, and extraditions of Hizballah members or affiliates; and a review of efforts by the United States to prevent hostile activities by Iran and disrupt and degrade Hizballah’s illicit networks in the Western Hemisphere, including interagency coordination to ensure that information-sharing, interdictions, arrests, investigations, indictments, sanctions, and designations related to Hizballah individuals or networks in the Western Hemisphere are integrated, coordinated, and publicly communicated by the United States in a manner that supports United States interests. The report required by paragraph (1) shall be submitted in unclassified form to the greatest extent possible, and may contain a classified annex. In this subsection, the term ‘global logistics networks of Hizballah’, ‘global logistics networks’, or ‘networks’ means financial, material, or technological support for, or financial or other services in support of, Hizballah.

(“(b) Enhanced Due Diligence.— The President is authorized to require each financial institution in the United States that knowingly maintains a correspondent account or a payable-through account in the United States for a foreign financial institution described in paragraph (2) to establish enhanced due diligence policies, procedures, and controls in accordance with section 5318(i)(2)(B) of title 31 , United States Code, and regulations to implement such section with respect to such accounts. A foreign financial institution described in this paragraph is a foreign financial institution that the President determines provides significant financial services to persons operating in a jurisdiction identified in unclassified form in the list required under subsection (a)(1)(F). In this subsection, the terms ‘correspondent account’ and ‘payable-through account’ have the meanings given those terms in section 5318A of title 31 , United States Code.

(“(c) Briefing on Hizballah’s Assets and Activities Related To Fundraising, Financing, and Money Laundering Worldwide.— Not later than 90 days after the date of the enactment of the Hizballah International Financing Prevention Amendments Act of 2018 [ Oct. 25, 2018 ], and annually thereafter for the following 4 years, the Secretary of State, the Secretary of the Treasury, and the heads of other applicable Federal departments and agencies shall provide to the appropriate congressional committees a briefing on the disposition of Hizballah’s assets and activities related to fundraising, financing, and money laundering worldwide and on any requirements for enhanced due diligence prescribed under subsection (b).

(“(d) Appropriate Congressional Committees Defined.— In this section, the term ‘appropriate congressional committees’ means— the Committee on Foreign Affairs, the Committee on Financial Services, and the Permanent Select Committee on Intelligence of the House of Representatives; and the Committee on Foreign Relations, the Committee on Banking, Housing, and Urban Affairs, and the Select Committee on Intelligence of the Senate.

“SEC. 301 RULE OF CONSTRUCTION.

“Nothing in this Act or any amendment made by this Act shall apply to the authorized intelligence activities of the United States.

“SEC. 302 REGULATORY AUTHORITY.

(“(a) In General.— The President shall, not later than 120 days after the date of the enactment of this Act [ Dec. 18, 2015 ], promulgate regulations as necessary for the implementation of this Act and the amendments made by this Act.

(“(b) Notification to Congress.— Not less than 10 days before the promulgation of regulations under subsection (a), the President shall notify the appropriate congressional committees of the proposed regulations and the provisions of this Act and the amendments made by this Act that the regulations are implementing.

(“(c) Appropriate Congressional Committees Defined.— In this section, 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. 303 TERMINATION.

“This Act shall terminate on the date that is 30 days after the date on which the President certifies to Congress that Hizballah— is no longer designated as a foreign terrorist organization pursuant to section 219 of the Immigration and Nationality Act ( 8 U.S.C. 1189 ); and is no longer designated for the imposition of sanctions 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).”

“SECTION 1 SHORT TITLE.

“This Act may be cited as the ‘Venezuela Defense of Human Rights and Civil Society Act of 2014’.

“SEC. 2 FINDINGS.

“Congress makes the following findings: The Central Bank of Venezuela and the National Statistical Institute of Venezuela stated that the annual inflation rate in Venezuela in 2013 was 56.30, the highest level of inflation in the Western Hemisphere and the third highest level of inflation in the world behind South Sudan and Syria. The Central Bank of Venezuela and the Government of Venezuela have imposed a series of currency controls that has exacerbated economic problems and, according to the World Economic Forum, has become the most problematic factor for doing business in Venezuela. The Central Bank of Venezuela declared that the scarcity index of Venezuela reached 29.4 percent in March 2014, which signifies that fewer than one in 4 basic goods is unavailable at any given time. The Central Bank has not released any information on the scarcity index since that time. Since 1999, violent crime in Venezuela has risen sharply and the Venezuelan Violence Observatory, an independent nongovernmental organization, found the national per capita murder rate to be 79 per 100,000 people in 2013. The international nongovernmental organization Human Rights Watch recently stated, ‘Under the leadership of President Chàvez [sic] and now President Maduro, the accumulation of power in the executive branch and the erosion of human rights guarantees have enabled the government to intimidate, censor, and prosecute its critics.’. The Country Reports on Human Rights Practices for 2013 of the Department of State maintained that in Venezuela ‘the government did not respect judicial independence or permit judges to act according to the law without fear of retaliation’ and ‘the government used the judiciary to intimidate and selectively prosecute political, union, business, and civil society leaders who were critical of government policies or actions’. The Government of Venezuela has detained foreign journalists and threatened and expelled international media outlets operating in Venezuela, and the international nongovernmental organization Freedom House declared that Venezuela’s ‘media climate is permeated by intimidation, sometimes including physical attacks, and strong antimedia rhetoric by the government is common’. Since February 4, 2014 , the Government of Venezuela has responded to antigovernment protests with violence and killings perpetrated by its public security forces. In May 2014, Human Rights Watch found that the unlawful use of force perpetrated against antigovernment protesters was ‘part of a systematic practice by the Venezuelan security forces’. As of September 1, 2014 , 41 people had been killed, approximately 3,000 had been arrested unjustly, and more than 150 remained in prison and faced criminal charges as a result of antigovernment demonstrations throughout Venezuela. Opposition leader Leopoldo Lopez was arrested on February 18, 2014 , in relation to the protests and was unjustly charged with criminal incitement, conspiracy, arson, and property damage. Since his arrest, Lopez has been held in solitary confinement and has been denied 58 out of 60 of his proposed witnesses at his ongoing trial. As of September 1, 2014 , not a single member of the public security forces of the Government of Venezuela had been held accountable for acts of violence perpetrated against antigovernment protesters.

“SEC. 3 SENSE OF CONGRESS REGARDING ANTIGOVERNMENT PROTESTS IN VENEZUELA AND THE NEED TO PREVENT FURTHER VIOLENCE IN VENEZUELA.

“It is the sense of Congress that— the United States aspires to a mutually beneficial relationship with Venezuela based on respect for human rights and the rule of law and a functional and productive relationship on issues of public security, including counternarcotics and counterterrorism; the United States supports the people of Venezuela in their efforts to realize their full economic potential and to advance representative democracy, human rights, and the rule of law within their country; the chronic mismanagement by the Government of Venezuela of its economy has produced conditions of economic hardship and scarcity of basic goods and foodstuffs for the people of Venezuela; the failure of the Government of Venezuela to guarantee minimal standards of public security for its citizens has led the country to become one of the most violent and corrupt in the world; the Government of Venezuela continues to take steps to remove checks and balances on the executive, politicize the judiciary, undermine the independence of the legislature through use of executive decree powers, persecute and prosecute its political opponents, curtail freedom of the press, and limit the free expression of its citizens; Venezuelans, responding to ongoing economic hardship, high levels of crime and violence, and the lack of basic political rights and individual freedoms, have turned out in demonstrations in Caracas and throughout the country to protest the failure of the Government of Venezuela to protect the political and economic well-being of its citizens; and the repeated use of violence perpetrated by the National Guard and security personnel of Venezuela, as well as persons acting on behalf of the Government of Venezuela, against antigovernment protesters that began on February 4, 2014 , is intolerable and the use of unprovoked violence by protesters is also a matter of serious concern.

“SEC. 4 UNITED STATES POLICY TOWARD VENEZUELA.

“It is the policy of the United States— to support the people of Venezuela in their aspiration to live under conditions of peace and representative democracy as defined by the Inter-American Democratic Charter of the Organization of American States; to work in concert with the other member states within the Organization of American States, as well as the countries of the European Union, to ensure the peaceful resolution of the current situation in Venezuela and the immediate cessation of violence against antigovernment protestors; to hold accountable government and security officials in Venezuela responsible for or complicit in the use of force in relation to antigovernment protests and similar future acts of violence; and to continue to support the development of democratic political processes and independent civil society in Venezuela.

“SEC. 5 SANCTIONS ON PERSONS RESPONSIBLE FOR VIOLENCE IN VENEZUELA.

(“(a) In General.— The President shall impose the sanctions described in subsection (b) with respect to any foreign person, including any current or former official of the Government of Venezuela or any person acting on behalf of that Government, that the President determines— has perpetrated, or is responsible for ordering or otherwise directing, significant acts of violence or serious human rights abuses in Venezuela against persons associated with the antigovernment protests in Venezuela that began on February 4, 2014 ; has ordered or otherwise directed the arrest or prosecution of a person in Venezuela primarily because of the person’s legitimate exercise of freedom of expression or assembly; or has knowingly materially assisted, sponsored, or provided significant financial, material, or technological support for, or goods or services in support of, the commission of acts described in paragraph (1) or (2).

(“(b) Sanctions Described.— The sanctions described in this subsection are the following: The exercise of 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 person determined by the President to be subject to subsection (a) 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 an alien determined by the President to be subject to subsection (a), denial of a visa to, and exclusion from the United States of, the alien, and revocation in accordance with section 221(i) of the Immigration and Nationality Act ( 8 U.S.C. 1201(i) ), of any visa or other documentation of the alien. A person that violates, attempts to violate, conspires to violate, or causes a violation of paragraph (1)(A) or any regulation, license, or order issued to carry out paragraph (1)(A) shall be subject to the penalties set forth in subsections (b) and (c) of section 206 of the International Emergency Economic Powers Act ( 50 U.S.C. 1705 ) to the same extent as a person that commits an unlawful act described in subsection (a) of that section. The requirement to block and prohibit all transactions in all property and interests in property under paragraph (1)(A) shall not include the authority to impose sanctions on the importation of goods. Sanctions under paragraph (1)(B) shall not apply to an alien if admitting 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.

(“(c) Waiver.— The President may waive the application of sanctions under subsection (b) with respect to a person if the President— determines that such a waiver is in the national interest of the United States; and on or before the date on which the waiver takes effect, submits to the Committee on Foreign Relations and the Committee on Banking Housing, and Urban Affairs of the Senate and the Committee on Foreign Affairs and the Committee on Financial Services of the House of Representatives a notice of and justification for the waiver.

(“(d) Regulatory Authority.— The President shall issue such regulations, licenses, and orders as are necessary to carry out this section.

(“(e) Termination.— The requirement to impose sanctions under this section shall terminate on December 31, 2023 .

(“(f) Definitions.— In this section: The terms ‘admitted’ and ‘alien’ have the meanings given those terms in section 101 of the Immigration and Nationality Act ( 8 U.S.C. 1101 ). The term ‘financial institution’ has the meaning given that term in section 5312 of title 31 , United States Code. The term ‘foreign person’ means a person that is not a United States person. The term ‘good’ has the meaning given that term in [former] section 16 of the Export Administration Act of 1979 (50 U.S.C. App. 2415) [former 50 U.S.C. 4618 ] (as continued in effect pursuant to the International Emergency Economic Powers Act ( 50 U.S.C. 1701 et seq.)). 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 ‘materially assisted’ means the provision of assistance that is significant and of a kind directly relevant to acts described in paragraph (1) or (2) of subsection (a). 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 of any jurisdiction within the United States, including a foreign branch of such an entity.

“SEC. 6 REPORT ON BROADCASTING, INFORMATION DISTRIBUTION, AND CIRCUMVENTION TECHNOLOGY DISTRIBUTION IN VENEZUELA.

(“(a) In General.— Not later than 30 days after the date of the enactment of this Act [ Dec. 18, 2014 ], the Chairman of the Broadcasting Board of Governors (in this section referred to as the ‘Board’) shall submit to Congress a report that includes— a thorough evaluation of the governmental, political, and technological obstacles faced by the people of Venezuela in their efforts to obtain accurate, objective, and comprehensive news and information about domestic and international affairs; an assessment of current efforts relating to broadcasting, information distribution, and circumvention technology distribution in Venezuela, by the United States Government and otherwise; and a strategy for expanding such efforts in Venezuela, including recommendations for additional measures to expand upon current efforts.

(“(b) Elements.— The report required by subsection (a) shall include— an assessment of the current level of Federal funding dedicated to broadcasting, information distribution, and circumvention technology distribution in Venezuela by the Board before the date of the enactment of this Act; an assessment of the extent to which the current level and type of news and related programming and content provided by the Voice of America and other sources is addressing the informational needs of the people of Venezuela; and recommendations for increasing broadcasting, information distribution, and circumvention technology distribution in Venezuela.”

“SECTION 1 SHORT TITLE.

“This Act may be cited as the ‘Sudan Accountability and Divestment Act of 2007’.

“SEC. 2 DEFINITIONS.

“In this Act: 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 Financial Services, the Committee on Foreign Affairs, and the Permanent Select Committee on Intelligence of the House of Representatives. The term ‘business operations’ means engaging in commerce in any form in Sudan, including by acquiring, developing, maintaining, owning, selling, possessing, leasing, or operating equipment, facilities, personnel, products, services, personal property, real property, or any other apparatus of business or commerce. The term ‘executive agency’ has the meaning given the term in section 4 of the Office of Federal Procurement Policy Act ([former] 41 U.S.C. 403 ) [see 41 U.S.C. 133 ]. The term ‘Government of Sudan’— means the government in Khartoum, Sudan, which is led by the National Congress Party (formerly known as the National Islamic Front) or any successor government formed on or after October 13, 2006 (including the coalition National Unity Government agreed upon in the Comprehensive Peace Agreement for Sudan); and does not include the regional government of southern Sudan. The term ‘marginalized populations of Sudan’ refers to— adversely affected groups in regions authorized to receive assistance under section 8(c) of the Darfur Peace and Accountability Act [of 2006] ( Public Law 109–344 ; 50 U.S.C. 1701 note); and marginalized areas in Northern Sudan described in section 4(9) of such Act. The term ‘military equipment’ means— weapons, arms, military supplies, and equipment that readily may be used for military purposes, including radar systems or military-grade transport vehicles; or supplies or services sold or provided directly or indirectly to any force actively participating in armed conflict in Sudan. The term ‘mineral extraction activities’ means exploring, extracting, processing, transporting, or wholesale selling or trading of elemental minerals or associated metal alloys or oxides (ore), including gold, copper, chromium, chromite, diamonds, iron, iron ore, silver, tungsten, uranium, and zinc. Except as provided in subparagraph (B), the term ‘oil-related activities’ means— exporting, extracting, producing, refining, processing, exploring for, transporting, selling, or trading oil; and constructing, maintaining, or operating a pipeline, refinery, or other oilfield infrastructure. A person shall not be considered to be involved in an oil-related activity if— the person is involved in the retail sale of gasoline or related consumer products in Sudan but is not involved in any other activity described in subparagraph (A); or the person is involved in leasing, or owns, rights to an oil block in Sudan but is not involved in any other activity described in subparagraph (A). The term ‘person’ means— a natural person, corporation, company, business association, partnership, society, trust, any other nongovernmental entity, organization, or group; any governmental entity or instrumentality of a government, including a multilateral development institution (as defined in section 1701(c)(3) of the International Financial Institutions Act ( 22 U.S.C. 262r(c)(3) )); and any successor, subunit, parent company or subsidiary of any entity described in subparagraph (A) or (B). The term ‘power production activities’ means any business operation that involves a project commissioned by the National Electricity Corporation of Sudan or other similar entity of the Government of Sudan whose purpose is to facilitate power generation and delivery, including establishing power-generating plants or hydroelectric dams, selling or installing components for the project, or providing service contracts related to the installation or maintenance of the project. The term ‘State’ means each of the several States, the District of Columbia, the Commonwealth of Puerto Rico, the United States Virgin Islands, Guam, American Samoa, and the Commonwealth of the Northern Mariana Islands. 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; and any public institution of higher education within the meaning of the Higher Education Act of 1965 ( 20 U.S.C. 1001 et seq.).

“SEC. 3 AUTHORITY OF STATE AND LOCAL GOVERNMENTS TO DIVEST FROM CERTAIN COMPANIES DIRECTLY INVESTED IN CERTAIN SUDANESE SECTORS.

(“(a) Sense of Congress.— It is the sense of Congress that the United States Government should support the decision of any State or local government to divest from, or to prohibit the investment of assets of the State or local government in, a person that the State or local government determines poses a financial or reputational risk.

(“(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 (e) to divest the assets of the State or local government from, or prohibit investment of the assets of the State or local government in, persons that the State or local government determines, using credible information available to the public, are conducting or have direct investments in business operations described in subsection (d).

(“(c) 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.

(“(d) Business Operations Described.— Business operations described in this subsection are business operations in Sudan that include power production activities, mineral extraction activities, oil-related activities, or the production of military equipment. Business operations described in this subsection do not include business operations that the person conducting the business operations can demonstrate— are conducted under contract directly and exclusively with the regional government of southern Sudan; are conducted under a license from the Office of Foreign Assets Control, or are expressly exempted under Federal law from the requirement to be conducted under such a license; consist of providing goods or services to marginalized populations of Sudan; consist of providing goods or services to an internationally recognized peacekeeping force or humanitarian organization; consist of providing goods or services that are used only to promote health or education; or have been voluntarily suspended.

(“(e) 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 and an opportunity to comment in writing to each person to whom 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 measure shall not apply to a person that demonstrates to the State or local government that the person does not conduct or have direct investments in business operations described in subsection (d). 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 conducts or has direct investments in business operations described in subsection (d).

(“(f) Definitions.— In this section: The ‘investment’ of assets, with respect to a State or local government, includes— a commitment or contribution of assets; a loan or other extension of credit of assets; and the entry into or renewal of a contract for goods or services. 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.).

(“(g) Nonpreemption.— A measure of a State or local government authorized under subsection (b) is not preempted by any Federal law or regulation.

(“(h) Effective Date.— Except as provided in paragraph (2), this section applies to measures adopted by a State or local government before, on, or after the date of the enactment of this Act [ Dec. 31, 2007 ]. Subsections (c) and (e) apply to measures adopted by a State or local government on or after the date of the enactment of this Act.

“SEC. 4 SAFE HARBOR FOR CHANGES OF INVESTMENT POLICIES BY ASSET MANAGERS.

(“(a) In General.—

(“(b) SEC Regulations.— Not later than 120 days after the date of the enactment of this Act [ Dec. 31, 2007 ], the Securities and Exchange Commission shall prescribe regulations, in the public interest and for the protection of investors, to require disclosure by each registered investment company that divests itself of securities in accordance with section 13(c) of the Investment Company Act of 1940 [ 15 U.S.C. 80a–13(c) ]. Such rules shall require the disclosure to be included in the next periodic report filed with the Commission under section 30 of such Act ( 15 U.S.C. 80a–29 ) following such divestiture.

“SEC. 5 SENSE OF CONGRESS REGARDING CERTAIN ERISA PLAN INVESTMENTS.

“It is the sense of Congress that a fiduciary of an employee benefit plan, as defined in section 3(3) of the Employee Retirement Income Security Act of 1974 ( 29 U.S.C. 1002(3) ), may divest plan assets from, or avoid investing plan assets in, any person the fiduciary determines is conducting or has direct investments in business operations in Sudan described in section 3(d) of this Act, without breaching the responsibilities, obligations, or duties imposed upon the fiduciary by subparagraph (A) or (B) of section 404(a)(1) of the Employee Retirement Income Security Act of 1974 ( 29 U.S.C. 1104(a)(1) ), if— the fiduciary makes such determination using credible information that is available to the public; and the fiduciary prudently determines that the result of such divestment or avoidance of investment would not be expected to provide the employee benefit plan with— a lower rate of return than alternative investments with commensurate degrees of risk; or a higher degree of risk than alternative investments with commensurate rates of return.

“SEC. 6 PROHIBITION ON UNITED STATES GOVERNMENT CONTRACTS.

(“(a) Certification Requirement.— The head of each executive agency shall ensure that each contract entered into by such executive agency for the procurement of goods or services includes a clause that requires the contractor to certify to the contracting officer that the contractor does not conduct business operations in Sudan described in section 3(d).

(“(b) Remedies.— The head of an executive agency may impose remedies as provided in this subsection if the head of the executive agency determines that the contractor has submitted a false certification under subsection (a) after the date the Federal Acquisition Regulation is amended under subsection (e) to implement the requirements of this section. The head of an executive agency may terminate a covered contract upon the determination of a false certification under paragraph (1). The head of an executive agency may debar or suspend a contractor from eligibility for Federal contracts upon the determination of a false certification under paragraph (1). The debarment period may not exceed 3 years. The Administrator of General Services shall include on the List of Parties Excluded from Federal Procurement and Nonprocurement Programs maintained by the Administrator under part 9 of the Federal Acquisition Regulation issued under section 25 of the Office of Federal Procurement Policy Act ([former] 41 U.S.C. 421 ) [see 41 U.S.C. 1303 ] each contractor that is debarred, suspended, proposed for debarment or suspension, or declared ineligible by the head of an executive agency on the basis of a determination of a false certification under paragraph (1). This section shall not be construed to limit the use of other remedies available to the head of an executive agency or any other official of the Federal Government on the basis of a determination of a false certification under paragraph (1).

(“(c) Waiver.— The President may waive the requirement of subsection (a) on a case-by-case basis if the President determines and certifies in writing to the appropriate congressional committees that it is in the national interest to do so. Not later than April 15, 2008 , and semi-annually thereafter, the Administrator for Federal Procurement Policy shall submit to the appropriate congressional committees a report on waivers granted under paragraph (1).

(“(d) Implementation Through the Federal Acquisition Regulation.— Not later than 120 days after the date of the enactment of this Act [ Dec. 31, 2007 ], the Federal Acquisition Regulatory Council shall amend the Federal Acquisition Regulation issued pursuant to section 25 of the Office of Federal Procurement Policy Act ([former] 41 U.S.C. 421 ) [see 41 U.S.C. 1303 ] to provide for the implementation of the requirements of this section.

(“(e) Report.— Not later than one year after the date the Federal Acquisition Regulation is amended under subsection (e) to implement the requirements of this section, the Administrator of General Services, with the assistance of other executive agencies, shall submit to the Office of Management and Budget and the appropriate congressional committees a report on the actions taken under this section.

“SEC. 7 SENSE OF CONGRESS ON EFFORTS BY OTHER COUNTRIES.

“It is the sense of Congress that the governments of all other countries should adopt measures, similar to those contained in this Act, to publicize the activities of all persons that, through their financial dealings, knowingly or unknowingly enable the Government of Sudan to continue to oppress and commit genocide against people in the Darfur region and other regions of Sudan, and to authorize divestment from, and the avoidance of further investment in, such persons.

“SEC. 8 SENSE OF CONGRESS ON PEACEKEEPING EFFORTS IN SUDAN.

“It is the sense of Congress that the President should— continue to work with other members of the international community, including the Permanent Members of the United Nations Security Council, the African Union, the European Union, the Arab League, and the Government of Sudan to facilitate the urgent deployment of a peacekeeping force to Sudan; and bring before the United Nations Security Council, and call for a vote on, a resolution requiring meaningful multilateral sanctions against the Government of Sudan in response to its acts of genocide against the people of Darfur and its continued refusal to allow the implementation of a peacekeeping force in Sudan.

“SEC. 9 SENSE OF CONGRESS ON THE INTERNATIONAL OBLIGATIONS OF THE UNITED STATES.

“It is the sense of Congress that nothing in this Act— conflicts with the international obligations or commitments of the United States; or affects article VI, clause 2, of the Constitution of the United States.

“SEC. 10 REPORTS ON SANCTIONS IN SUPPORT OF PEACE IN DARFUR.

(“(a) In General.— The Secretary of State and the Secretary of the Treasury shall submit to the appropriate congressional committees a report assessing the effectiveness of sanctions imposed with respect to Sudan at the time the Secretary of State and the Secretary of the Treasury submits [sic] reports required under— the Sudan Peace Act ( Public Law 107–245 ; 50 U.S.C. 1701 note) [formerly set out as a note below]; the Comprehensive Peace in Sudan Act of 2004 ( Public Law 108–497 ; 50 U.S.C. 1701 note) [formerly set out as a note below]; and the Darfur Peace and Accountability Act of 2006 ( Public Law 109–344 ; 50 U.S.C. 1701 note).

(“(b) Additional Report by the Secretary of the Treasury.— The Secretary of the Treasury shall submit to the appropriate congressional committees a report assessing the effectiveness of sanctions imposed with respect to Sudan under the International Emergency Economic Powers Act ( 50 U.S.C. 1701 et seq.) at the time the President submits the reports required by section 204(c) of such Act ( 50 U.S.C. 1703(c) ) with respect to Executive Order 13,067 [13067] ( 50 U.S.C. 1701 note; relating to blocking property of persons in connection with the conflict in Sudan’s region of Darfur).

(“(c) Contents.— The reports required by subsections (a) and (b) shall include— a description of each sanction imposed under a law or executive order described in subsection (a) or (b); the name of the person subject to the sanction, if any; and whether or not the person subject to the sanction is also subject to sanctions imposed by the United Nations.

“SEC. 11 REPEAL OF REPORTING REQUIREMENT.

“Section 6305

of the U.S. Troop Readiness, Veterans’ Care, Katrina Recovery, and Iraq Accountability Appropriations Act, 2007 ( Public Law 110–28 ; 121 Stat. 172 ) is repealed.

“SEC. 12 TERMINATION.

“The provisions of sections 3, 4, 5, 6, and 10 shall terminate 30 days after the date on which the President has certified to Congress that the Government of Sudan has honored its commitments to— abide by United Nations Security Council Resolution 1769 (2007); cease attacks on civilians; demobilize and demilitarize the Janjaweed and associated militias; grant free and unfettered access for delivery of humanitarian assistance; and allow for the safe and voluntary return of refugees and internally displaced persons.”

“SECTION 1 SHORT TITLE; TABLE OF CONTENTS.

(“(a) Short Title.— This Act may be cited as the ‘Darfur Peace and Accountability Act of 2006’.

(“(b) Table of Contents.—

“SEC. 2 DEFINITIONS.

“In this Act: The term ‘AMIS’ means the African Union Mission in Sudan. The term ‘appropriate congressional committees’ means the Committee on Foreign Relations of the Senate and the Committee on International Relations [now Committee on Foreign Affairs] of the House of Representatives. The term ‘Comprehensive Peace Agreement for Sudan’ means the peace agreement signed by the Government of Sudan and the SPLM/A in Nairobi, Kenya, on January 9, 2005 . The term ‘Darfur Peace Agreement’ means the peace agreement signed by the Government of Sudan and by Minni Minnawi, leader of the Sudan Liberation Movement/Army Faction, in Abuja, Nigeria, on May 5, 2006 . The term ‘Government of Sudan’— means— the government in Khartoum, Sudan, which is led by the National Congress Party (formerly known as the National Islamic Front); or any successor government formed on or after the date of the enactment of this Act [ Oct. 13, 2006 ] (including the coalition National Unity Government agreed upon in the Comprehensive Peace Agreement for Sudan); and does not include the regional government of Southern Sudan. The term ‘official of the Government of Sudan’ does not include any individual— who was not a member of such government before July 1, 2005 ; or who is a member of the regional government of Southern Sudan. The term ‘SPLM/A’ means the Sudan People’s Liberation Movement/Army.

“SEC. 3 FINDINGS.

“Congress makes the following findings: On July 23, 2004 , Congress declared, ‘the atrocities unfolding in Darfur, Sudan, are genocide’. On September 9, 2004 , Secretary of State Colin L. Powell stated before the Committee on Foreign Relations of the Senate, ‘genocide has occurred and may still be occurring in Darfur’, and ‘the Government of Sudan and the Janjaweed bear responsibility’. On September 21, 2004 , in an address before the United Nations General Assembly, President George W. Bush affirmed the Secretary of State’s finding and stated, ‘[a]t this hour, the world is witnessing terrible suffering and horrible crimes in the Darfur region of Sudan, crimes my government has concluded are genocide’. On July 30, 2004 , the United Nations Security Council passed Security Council Resolution 1556 (2004), calling upon the Government of Sudan to disarm the Janjaweed militias and to apprehend and bring to justice Janjaweed leaders and their associates who have incited and carried out violations of human rights and international humanitarian law, and establishing a ban on the sale or supply of arms and related materiel of all types, including the provision of related technical training or assistance, to all nongovernmental entities and individuals, including the Janjaweed. On September 18, 2004 , the United Nations Security Council passed Security Council Resolution 1564 (2004), determining that the Government of Sudan had failed to meet its obligations under Security Council Resolution 1556 (2004), calling for a military flight ban in and over the Darfur region, demanding the names of Janjaweed militiamen disarmed and arrested for verification, establishing an International Commission of Inquiry on Darfur to investigate violations of international humanitarian and human rights laws, and threatening sanctions should the Government of Sudan fail to fully comply with Security Council Resolutions 1556 (2004) and 1564 (2004), including such actions as to affect Sudan’s petroleum sector or individual members of the Government of Sudan. The Report of the International Commission of Inquiry on Darfur, submitted to the United Nations Secretary-General on January 25, 2005 , established that the ‘Government of the Sudan and the Janjaweed are responsible for serious violations of international human rights and humanitarian law amounting to crimes under international law,’ that ‘these acts were conducted on a widespread and systematic basis, and therefore may amount to crimes against humanity,’ and that officials of the Government of Sudan and other individuals may have acted with ‘genocidal intent’. On March 24, 2005 , the United Nations Security Council passed Security Council Resolution 1590 (2005), establishing the United Nations Mission in Sudan (referred to in this section as the ‘UNMIS’), consisting of up to 10,000 military personnel and 715 civilian police tasked with supporting the implementation of the Comprehensive Peace Agreement for Sudan and to ‘closely and continuously liaise and coordinate at all levels with the African Union Mission in Sudan (AMIS)’, which had been established by the African Union on May 24, 2004 , to monitor the implementation of the N’Djamena Humanitarian Ceasefire Agreement, signed on April 8, 2004 , ‘with a view towards expeditiously reinforcing the effort to foster peace in Darfur’. On March 29, 2005 , the United Nations Security Council passed Security Council Resolution 1591 (2005), extending the military embargo established by Security Council Resolution 1556 (2004) to all the parties to the N’Djamena Ceasefire Agreement of April 8, 2004 , and any other belligerents in the states of North Darfur, South Darfur, and West Darfur, calling for an asset freeze and travel ban against those individuals who impede the peace process, constitute a threat to stability in Darfur and the region, commit violations of international humanitarian or human rights law or other atrocities, are responsible for offensive military overflights, or violate the military embargo, and establishing a Committee of the Security Council and a panel of experts to assist in monitoring compliance with Security Council Resolutions 1556 (2004) and 1591 (2005). On March 31, 2005 , the United Nations Security Council passed Security Council Resolution 1593 (2005), referring the situation in Darfur since July 1, 2002 , to the prosecutor of the International Criminal Court and calling on the Government of Sudan and all parties to the conflict to cooperate fully with the Court. On July 30, 2005 , Dr. John Garang de Mabior, the newly appointed Vice President of Sudan and the leader of the SPLM/A for the past 21 years, was killed in a tragic helicopter crash in Southern Sudan, sparking riots in Khartoum and challenging the commitment of all Sudanese to the Comprehensive Peace Agreement for Sudan. On January 12, 2006 , the African Union Peace and Security Council issued a communique endorsing, in principle, a transition from AMIS to a United Nations peacekeeping operation and requested the Chairperson of the Council to initiate consultations with the United Nations and other stakeholders toward this end. On February 3, 2006 , the United Nations Security Council issued a Presidential Statement authorizing the initiation of contingency planning for a transition from AMIS to a United Nations peacekeeping operation. On March 10, 2006 , the African Union Peace and Security Council extended the mandate of AMIS, which had reached a force size of 7,000, to September 30, 2006 , while simultaneously endorsing the transition of AMIS to a United Nations peacekeeping operation and setting April 30, 2006 as the deadline for reaching an agreement to resolve the crisis in Darfur. On March 24, 2006 , the United Nations Security Council passed Security Council Resolution 1663 (2006), which— welcomes the African Peace and Security Council’s March 10, 2006 communique; and requests that the United Nations Secretary-General, jointly with the African Union and in consultation with the parties to the Abuja Peace Talks, expedite planning for the transition of AMIS to a United Nations peacekeeping operation. On March 29, 2006 , during a speech at Freedom House, President Bush called for a transition to a United Nations peacekeeping operation and ‘additional forces with a NATO overlay … to provide logistical and command-and-control and airlift capacity, but also to send a clear signal to parties involved that the west is determined to help effect a settlement.’. On April 25, 2006 , the United Nations Security Council passed Security Council Resolution 1672 (2006), unanimously imposing targeted financial sanctions and travel restrictions on 4 individuals who had been identified as those who, among other acts, ‘impede the peace process, constitute a threat to stability in Darfur and the region, commit violations of international humanitarian or human rights law or other atrocities’, including the Commander of the Western Military Region for the armed forces of Sudan, the Paramount Chief of the Jalul Tribe in North Darfur, the Commander of the Sudan Liberation Army, and the Field Commander of the National Movement for Reform and Development. On May 5, 2006 , under the auspices of African Union mediation and the direct engagement of the international community, including the United States, the Government of Sudan and the largest rebel faction in Darfur, the Sudan Liberation Movement, led by Minni Minnawi, signed the Darfur Peace Agreement, which addresses security, power sharing, and wealth sharing issues between the parties. In August 2006, the Sudanese government began to amass military forces and equipment in the Darfur region in contravention of the Darfur Peace Agreement to which they are signatories in what appears to be preliminary to full scale war. On August 30, 2006 , the United Nations Security Council passed Security Council Resolution 1706 (2006), without dissent and with abstentions by China, Russian Federation, and Qatar, thereby asserting that the existing United Nations Mission in Sudan ‘shall take over from AMIS responsibility for supporting the implementation of the Darfur Peace Agreement upon the expiration of AMIS’ mandate but in any event no later than 31 December 2006’, and that UNMIS ‘shall be strengthened by up to 17,300 military personnel … 3,300 civilian police personnel and up to 16 Formed Police Units’, which ‘shall begin to be deployed [to Darfur] no later than 1 October 2006’. Between August 30 and September 3, 2006 , President Bashir and other senior members of his administration have publicly rejected United Nations Security Council Resolution 1706 (2006), calling it illegal and a western invasion of his country, despite the current presence of 10,000 United Nations peacekeepers under the UNMIS peacekeeping force. Since 1993, the Secretary of State has determined, pursuant to [former] section 6(j) of the Export Administration Act of 1979 (50 App. U.S.C. 2405(j)) [former 50 U.S.C. 4605(j) ], that Sudan is a country, the government of which has repeatedly provided support for acts of international terrorism, thereby restricting United States assistance, defense exports and sales, and financial and other transactions with the Government of Sudan.

“SEC. 4 SENSE OF CONGRESS.

“It is the sense of Congress that— the genocide unfolding in the Darfur region of Sudan is characterized by acts of terrorism and atrocities directed against civilians, including mass murder, rape, and sexual violence committed by the Janjaweed and associated militias with the complicity and support of the National Congress Party-led faction of the Government of Sudan; all parties to the conflict in the Darfur region have continued to violate the N’Djamena Ceasefire Agreement of April 8, 2004 , and the Abuja Protocols of November 9, 2004 , and violence against civilians, humanitarian aid workers, and personnel of AMIS is increasing; the African Union should immediately make all necessary preparations for an orderly transition to a United Nations peacekeeping operation, which will maintain an appropriate level of African participation, with a mandate to protect civilians and humanitarian operations, assist in the implementation of the Darfur Peace Agreement, and deter violence in the Darfur region; the international community, including the United States and the European Union, should immediately act to mobilize sufficient political, military, and financial resources through the United Nations and the North Atlantic Treaty Organization, to support the transition of AMIS to a United Nations peacekeeping operation with the size, strength, and capacity necessary to protect civilians and humanitarian operations, to assist with the implementation of the Darfur Peace Agreement, and to end the continued violence in the Darfur region; if an expanded and reinforced AMIS or subsequent United Nations peacekeeping operation fails to stop genocide in the Darfur region, the international community should take additional measures to prevent and suppress acts of genocide in the Darfur region; acting under article 5 of the Charter of the United Nations, the United Nations Security Council should call for suspension of the Government of Sudan’s rights and privileges of membership by the General Assembly until such time as the Government of Sudan has honored pledges to cease attacks upon civilians, demobilize and demilitarize the Janjaweed and associated militias, and grant free and unfettered access for deliveries of humanitarian assistance in the Darfur region; the President should use all necessary and appropriate diplomatic means to ensure the full discharge of the responsibilities of the Committee of the United Nations Security Council and the panel of experts established pursuant to section 3(a) of Security Council Resolution 1591 (2005); the President should direct the United States Permanent Representative to the United Nations to use the voice, vote, and influence of the United States to urge the adoption of a resolution by the United Nations Security Council that— extends the military embargo established by United Nations Security Resolutions 1556 (2004) and 1591 (2005) to include a total ban on the sale or supply of offensive military equipment to the Government of Sudan, except for use in an internationally recognized demobilization program or for nonlethal assistance necessary to carry out elements of the Comprehensive Peace Agreement for Sudan or the Darfur Peace Agreement; and calls upon those member states of the United Nations that continue to undermine efforts to foster peace in Sudan by providing military assistance to the Government of Sudan, government supported militias, or any rebel group operating in Darfur in violation of the embargo on such assistance and equipment, as called for in United Nations Security Council Resolutions 1556 (2004) and 1591 (2005), to immediately cease and desist. the United States should not provide assistance to the Government of Sudan, other than assistance necessary for the implementation of the Comprehensive Peace Agreement for Sudan and the Darfur Peace Agreement, the support of the regional Government of Southern Sudan, the Transitional Darfur Regional Authority, and marginalized areas in Northern Sudan (including the Nuba Mountains, Southern Blue Nile, Abyei, Eastern Sudan (Beja), Darfur, and Nubia), or for humanitarian purposes in Sudan, until the Government of Sudan has honored pledges to cease attacks upon civilians, demobilize and demilitarize the Janjaweed and associated militias, grant free and unfettered access for deliveries of humanitarian assistance in the Darfur region, and allow for the safe and voluntary return of refugees and internally displaced persons; the President should seek to assist members of the Sudanese diaspora in the United States by establishing a student loan forgiveness program for those individuals who commit to return to Southern Sudan for a period of not less than 5 years for the purpose of contributing professional skills needed for the reconstruction of Southern Sudan; the Presidential Special Envoy for Sudan should be provided with appropriate resources and a clear mandate to— provide stewardship of efforts to implement the Comprehensive Peace Agreement for Sudan and the Darfur Peace Agreement; seek ways to bring stability and peace to the Darfur region; address instability elsewhere in Sudan, Chad, and northern Uganda; and pursue a truly comprehensive peace throughout the region; the international community should strongly condemn attacks against humanitarian workers and African Union personnel, and the forcible recruitment of refugees and internally displaced persons from camps in Chad and Sudan, and demand that all armed groups in the region, including the forces of the Government of Sudan, the Janjaweed, associated militias, the Sudan Liberation Movement/Army, the Justice and Equality Movement, the National Movement for Reform and Development (NMRD), and all other armed groups refrain from such activities; the United States should fully support the Comprehensive Peace Agreement for Sudan and the Darfur Peace Agreement and urge rapid implementation of their terms; the May 5, 2006 [,] signing of the Darfur Peace Agreement between the Government of Sudan and the Sudan Liberation Movement was a positive development in a situation that has seen little political progress in 2 years and should be seized upon by all sides to begin the arduous process of post-conflict reconstruction, restitution, justice, and reconciliation; and the new leadership of the Sudan People’s Liberation Movement (referred to in this paragraph as ‘SPLM’) should— seek to transform SPLM into an inclusive, transparent, and democratic body; reaffirm the commitment of SPLM to— bring peace to Southern Sudan, the Darfur region, and Eastern Sudan; and eliminate safe haven for regional rebel movements, such as the Lord’s Resistance Army; and remain united in the face of efforts to undermine SPLM.

“SEC. 5 SANCTIONS IN SUPPORT OF PEACE IN DARFUR.

(“(a) Blocking of Assets and Restriction on Visas.—

(“(b) Waiver.—

(“(c) Sanctions Against Janjaweed Commanders and Coordinators or Other Individuals.— It is the sense of Congress, that the President should immediately impose the sanctions described in section 6(c) of the Comprehensive Peace in Sudan Act of 2004 [ Pub. L. 108–497 , formerly set out below], as added by subsection (a), against any individual, including the Janjaweed commanders and coordinators, identified as those who, among other acts, ‘impede the peace process, constitute a threat to stability in Darfur and the region, commit violations of international humanitarian or human rights law or other atrocities’.

“SEC. 6 ADDITIONAL AUTHORITIES TO DETER AND SUPPRESS GENOCIDE IN DARFUR.

(“(a) Presidential Assistance To Support AMIS.— Subject to subsection (b) and notwithstanding any other provision of law, the President is authorized to provide AMIS with— assistance for any expansion of the mandate, size, strength, and capacity to protect civilians and humanitarian operations in order to help stabilize the Darfur region of Sudan and dissuade and deter air attacks directed against civilians and humanitarian workers; and assistance in the areas of logistics, transport, communications, material support, technical assistance, training, command and control, aerial surveillance, and intelligence.

(“(b) Conditions.— Assistance provided under subsection (a)— shall be used only in the Darfur region; and shall not be provided until AMIS has agreed not to transfer title to, or possession of, any such assistance to anyone not an officer, employee or agent of AMIS (or subsequent United Nations peacekeeping operation), and not to use or to permit the use of such assistance for any purposes other than those for which such assistance was furnished, unless the consent of the President has first been obtained, and written assurances reflecting all of the forgoing have been obtained from AMIS by the President. If the President consents to the transfer of such assistance to anyone not an officer, employee, or agent of AMIS (or subsequent United Nations peacekeeping operation), or agrees to permit the use of such assistance for any purposes other than those for which such assistance was furnished, the President shall immediately notify the Committee on Foreign Relations of the Senate and the Committee on International Relations [now Committee on Foreign Affairs] of the House of Representatives in accordance with the procedures applicable to reprogramming notifications under section 634A of the Foreign Assistance Act of 1961 ( 22 U.S.C. 2394–1 ).

(“(c) NATO Assistance To Support AMIS.— It is the sense of Congress that the President should continue to instruct the United States Permanent Representative to the North Atlantic Treaty Organization (referred to in this section as ‘NATO’) to use the voice, vote, and influence of the United States at NATO to— advocate NATO reinforcement of the AMIS and its orderly transition to a United Nations peacekeeping operation, as appropriate; provide assets to help dissuade and deter air strikes directed against civilians and humanitarian workers in the Darfur region of Sudan; and provide other logistical, transportation, communications, training, technical assistance, command and control, aerial surveillance, and intelligence support.

(“(d) Rule of Construction.— Nothing in this Act, or any amendment made by this Act, shall be construed as a provision described in section 5(b)(1) or 8(a)(1) of the War Powers Resolution ( Public Law 93–148 ; 50 U.S.C. 1544(b) , 1546(a)(1) [1547(a)(1)]).

(“(e) Denial of Entry at United States Ports to Certain Cargo Ships or Oil Tankers.— The President should take all necessary and appropriate steps to deny the Government of Sudan access to oil revenues, including by prohibiting entry at United States ports to cargo ships or oil tankers engaged in business or trade activities in the oil sector of Sudan or involved in the shipment of goods for use by the armed forces of Sudan until such time as the Government of Sudan has honored its commitments to cease attacks on civilians, demobilize and demilitarize the Janjaweed and associated militias, grant free and unfettered access for deliveries of humanitarian assistance, and allow for the safe and voluntary return of refugees and internally displaced persons. Paragraph (1) shall not apply with respect to cargo ships or oil tankers involved in— an internationally-recognized demobilization program; the shipment of non-lethal assistance necessary to carry out elements of the Comprehensive Peace Agreement for Sudan or the Darfur Peace Agreement; or the shipment of military assistance necessary to carry out elements of an agreement referred to in subparagraph (B) if the President has made the determination set forth in section 8(c)(2).

(“(f) Prohibition on Assistance to Countries in Violation of United Nations Security Council Resolutions 1556 and 1591.— Amounts made available to carry out the Foreign Assistance Act of 1961 ( 22 U.S.C. 2151 et seq.) may not be used to provide assistance (other than humanitarian assistance) to the government of a country that is in violation of the embargo on military assistance with respect to Sudan imposed pursuant to United Nations Security Council Resolutions 1556 (2004) and 1591 (2005). The President may waive the application of paragraph (1) if the President determines, and certifies to the appropriate congressional committees, that such waiver is in the national interests of the United States.

“SEC. 7 CONTINUATION OF RESTRICTIONS.

(“(a) In General.— Restrictions against the Government of Sudan that were imposed pursuant to Executive Order No. 13067 of November 3, 1997 (62 Federal Register 59989) [listed in a table below], title III and sections 508, 512, 527, and 569 of the Foreign Operations, Export Financing, and Related Programs Appropriations Act, 2006 ( Public Law 109–102 ) [ 119 Stat. 2191 , 2197, 2199, 2205, 2228], or any other similar provision of law, shall remain in effect, and shall not be lifted pursuant to such provisions of law, until the President certifies to the appropriate congressional committees that the Government of Sudan is acting in good faith to— implement the Darfur Peace Agreement; disarm, demobilize, and demilitarize the Janjaweed and all militias allied with the Government of Sudan; adhere to all associated United Nations Security Council Resolutions, including Security Council Resolutions 1556 (2004), 1564 (2004), 1591 (2005), 1593 (2005), 1663 (2006), 1665 (2006), and 1706 (2006); negotiate a peaceful resolution to the crisis in eastern Sudan; fully cooperate with efforts to disarm, demobilize, and deny safe haven to members of the Lord’s Resistance Army in Sudan; and fully implement the Comprehensive Peace Agreement for Sudan without manipulation or delay, by— implementing the recommendations of the Abyei Boundaries Commission Report; establishing other appropriate commissions and implementing and adhering to the recommendations of such commissions consistent with the terms of the Comprehensive Peace Agreement for Sudan; adhering to the terms of the Wealth Sharing Agreement; and withdrawing government forces from Southern Sudan consistent with the terms of the Comprehensive Peace Agreement for Sudan.

(“(b) Waiver.— The President may waive the application of subsection (a) if the President determines, and certifies to the appropriate congressional committees, that such waiver is in the national interests of the United States.

“SEC. 8 ASSISTANCE EFFORTS IN SUDAN.

(“(a) Assistance for International Malaria Control Act.—

(“(b) Comprehensive Peace in Sudan Act.—

(“(c) Economic Assistance.— Notwithstanding any other provision of law, the President is authorized to provide economic assistance for Sudan in an effort to provide emergency relief, to promote economic self-sufficiency, to build civil authority, to provide education, to enhance rule of law and the development of judicial and legal frameworks, and to support people to people reconciliation efforts, or to implement any nonmilitary program in support of any viable peace agreement in Sudan, including the Comprehensive Peace Agreement for Sudan and the Darfur Peace Agreement. Assistance may not be obligated under this subsection until 15 days after the date on which the Secretary of State notifies the congressional committees specified in section 634A of the Foreign Assistance Act of 1961 ( 22 U.S.C. 2394–1 ) of such obligation in accordance with the procedures applicable to reprogramming notifications under such section.

(“(d) Authorized Military Assistance.— If the President has not made a certification under section 12(a)(3) of the Sudan Peace Act [ Pub. L. 107–245 , formerly set out below] ( 50 U.S.C. 1701 note) regarding the noncompliance of the SPLM/A or the Government of Southern Sudan with the Comprehensive Peace Agreement for Sudan, the President, notwithstanding any other provision of law, may authorize, for each of fiscal years 2006, 2007, and 2008, the provision of the following assistance to the Government of Southern Sudan for the purpose of constituting a professional military force— non-lethal military equipment and related defense services, including training, controlled under the International Traffic in Arms Regulations (22 C.F.R. 120.1 et seq.) if the President— determines that the provision of such items is in the national security interest of the United States; and not later than 15 days before the provision of any such items, notifies the Committee on Foreign Relations of the Senate and the Committee on International Relations [now Committee on Foreign Affairs] of the House of Representatives of such determination; and small arms and ammunition under categories I and III of the United States Munitions List (22 C.F.R. 121.1 et seq.) if the President— determines that the provision of such equipment is essential to the national security interests of the United States; and consistent with the procedures set forth in section 614(a)(3) of the Foreign Assistance Act of 1961 ( 22 U.S.C. 2364(a)(3) ), notifies the Committee on Foreign Relations of the Senate and the Committee on International Relations [now Committee on Foreign Affairs] of the House of Representatives of such determination. For each item exported pursuant to this subsection or subsection (c), the President shall include with the notification to Congress under subparagraphs (A)(ii) and (B)(ii) of paragraph (1)— an identification of the end users to which the provision of assistance is being made; the dollar value of the items being provided; a description of the items being provided; and a description of the end use verification procedures that will be applied to such items, including— any special assurances obtained from the Government of Southern Sudan or other authorized end users regarding such equipment; and the end use or retransfer controls that will be applied to any items provided under this subsection. Section 40 of the Arms Export Control Act ( 22 U.S.C. 2780 ) shall not apply to assistance provided under paragraph (1).

(“(e) Exception to Prohibitions in Executive Order Number 13067.— Notwithstanding any other provision of law, the prohibitions set forth with respect to Sudan in Executive Order No. 13067 (62 Fed. Reg. 59989) [listed in a table below] shall not apply to activities or related transactions with respect to Southern Sudan, Southern Kordofan/Nuba Mountains State, Blue Nile State, Abyei, Darfur, or marginalized areas in and around Khartoum.

“SEC. 9 REPORTING REQUIREMENTS.

“SECTION 1 INTERNATIONAL FINANCIAL INSTITUTIONS.

“Upon a determination by the President that it is in the national interest of the United States to support assistance for Burma, the Secretary of the Treasury may instruct the United States Executive Director at any international financial institution to vote in favor of the provision of assistance for Burma by the institution, notwithstanding any other provision of law. The President shall provide the appropriate congressional committees with a written notice of any such determination.

“SEC. 2 CONSULTATION AND NOTIFICATION REQUIREMENT.

(“(a) Prior to making the determination contained in section 1, the Secretary of State and the Secretary of the Treasury each shall consult with the appropriate congressional committees on assistance to be provided to Burma by an international financial institution, and the national interests served by such assistance.

(“(b) The Secretary of the Treasury shall instruct the United States Executive Director at each international financial institution that the United States Executive Director may not vote in favor of any provision of assistance by the institution to Burma until at least 15 days has elapsed from the date on which the President has provided notice pursuant to section 1.

“SEC. 3 DEFINITIONS.

“In this Act: The term ‘appropriate congressional committees’ means the Committees on Foreign Relations, Banking, Housing, and Urban Affairs, and Appropriations of the Senate, and the Committees on Financial Services, Foreign Affairs, and Appropriations of the House of Representatives. The term ‘assistance’ means any loan or financial or technical assistance, or any other use of funds. The term ‘international financial institution’ shall have the same meaning as contained in section 7029(d) of division I of Public Law 112–74 [ 125 Stat. 1209 ] and shall also include the Multilateral Investment Guarantee Agency.”

“SECTION 1 SHORT TITLE.

“This Act may be cited as the ‘Tom Lantos Block Burmese JADE (Junta’s Anti-Democratic Efforts) Act of 2008’.

“SEC. 2 FINDINGS.

“Congress makes the following findings: Beginning on August 19, 2007 , hundreds of thousands of citizens of Burma, including thousands of Buddhist monks and students, participated in peaceful demonstrations against rapidly deteriorating living conditions and the violent and repressive policies of the State Peace and Development Council (SPDC), the ruling military regime in Burma— to demand the release of all political prisoners, including 1991 Nobel Peace Prize winner Aung San Suu Kyi; and to urge the regime to engage in meaningful dialogue to pursue national reconciliation. The Burmese regime responded to these peaceful protests with a violent crackdown leading to the reported killing of approximately 200 people, including a Japanese photojournalist, and hundreds of injuries. Human rights groups further estimate that over 2,000 individuals have been detained, arrested, imprisoned, beaten, tortured, or otherwise intimidated as part of this crackdown. Burmese military, police, and their affiliates in the Union Solidarity Development Association (USDA) perpetrated almost all of these abuses. The Burmese regime continues to detain, torture, and otherwise intimidate those individuals whom [sic] it believes participated in or led the protests and it has closed down or otherwise limited access to several monasteries and temples that played key roles in the peaceful protests. The Department of State’s 2006 Country Reports on Human Rights Practices found that the SPDC— routinely restricts freedoms of speech, press, assembly, association, religion, and movement; traffics in persons; discriminates against women and ethnic minorities; forcibly recruits child soldiers and child labor; and commits other serious violations of human rights, including extrajudicial killings, custodial deaths, disappearances, rape, torture, abuse of prisoners and detainees, and the imprisonment of citizens arbitrarily for political motives. Aung San Suu Kyi has been arbitrarily imprisoned or held under house arrest for more than 12 years. In October 2007, President Bush announced a new Executive Order to tighten economic sanctions against Burma and block property and travel to the United States by certain senior leaders of the SPDC, individuals who provide financial backing for the SPDC, and individuals responsible for human rights violations and impeding democracy in Burma. Additional names were added in updates done on October 19, 2007 , and February 5, 2008 . However, only 38 discrete individuals and 13 discrete companies have been designated under those sanctions, once aliases and companies with similar names were removed. By contrast, the Australian Government identified more than 400 individuals and entities subject to its sanctions applied in the wake of the 2007 violence. The European Union’s regulations to implement sanctions against Burma have identified more than 400 individuals among the leadership of government, the military, and the USDA, along with nearly 1300 state and military-run companies potentially subject to its sanctions. The Burmese regime and its supporters finance their ongoing violations of human rights, undemocratic policies, and military activities in part through financial transactions, travel, and trade involving the United States, including the sale of petroleum products, gemstones and hardwoods. In 2006, the Burmese regime earned more than $500millionfromoilandgasprojects,over$500 million from sale of hardwoods, and in excess of $300millionfromthesaleofrubiesandjade.Atleast$500 million of the $2.16billionearnedin2006fromBurma’stwonaturalgaspipelines,oneofwhichis28percentownedbyaUnitedStatescompany,wenttotheBurmeseregime.Theregimehasearnedsmalleramountsfromoilandgasexplorationandnon-operationalpipelinesbutUnitedStatesinvestorsarenotinvolvedinthosetransactions.Industrysourcesestimatethatover$100 million annually in Burmese rubies and jade enters the United States. Burma’s official statistics report that Burma exported $500millioninhardwoodsin2006butNGOsestimatethetruefiguretoexceed$900 million. Reliable statistics on the amount of hardwoods imported into the United States from Burma in the form of finished products are not available, in part due to widespread illegal logging and smuggling. The SPDC seeks to evade the sanctions imposed in the Burmese Freedom and Democracy Act of 2003 [ Pub. L. 108–61 , set out below]. Millions of dollars in gemstones that are exported from Burma ultimately enter the United States, but the Burmese regime attempts to conceal the origin of the gemstones in an effort to evade sanctions. For example, according to gem industry experts, over 90 percent of the world’s ruby supply originates in Burma but only 3 percent of the rubies entering the United States are claimed to be of Burmese origin. The value of Burmese gemstones is predominantly based on their original quality and geological origin, rather than the labor involved in cutting and polishing the gemstones. According to hardwood industry experts, Burma is home to approximately 60 percent of the world’s native teak reserves. More than ¼ of the world’s internationally traded teak originates from Burma, and hardwood sales, mainly of teak, represent more than 11 percent of Burma’s official foreign exchange earnings. The SPDC owns a majority stake in virtually all enterprises responsible for the extraction and trade of Burmese natural resources, including all mining operations, the Myanmar Timber Enterprise, the Myanmar Gems Enterprise, the Myanmar Pearl Enterprise, and the Myanmar Oil and Gas Enterprise. Virtually all profits from these enterprises enrich the SPDC. On October 11, 2007 , the United Nations Security Council, with the consent of the People’s Republic of China, issued a statement condemning the violence in Burma, urging the release of all political prisoners, and calling on the SPDC to enter into a United Nations-mediated dialogue with its political opposition. The United Nations special envoy Ibrahim Gambari traveled to Burma from September 29, 2007 , through October 2, 2007 , holding meetings with SPDC leader General Than Shwe and democracy advocate Aung San Suu Kyi in an effort to promote dialogue between the SPDC and democracy advocates. The leaders of the SPDC will have a greater incentive to cooperate with diplomatic efforts by the United Nations, the Association of Southeast Asian Nations, and the People’s Republic of China if they come under targeted economic pressure that denies them access to personal wealth and sources of revenue. On the night of May 2, 2008 , through the morning of May 3, 2008 , tropical cyclone Nargis struck the coast of Burma, resulting in the deaths of tens of thousands of Burmese. The response to the cyclone by Burma’s military leaders illustrates their fundamental lack of concern for the welfare of the Burmese people. The regime did little to warn citizens of the cyclone, did not provide adequate humanitarian assistance to address basic needs and prevent loss of life, and continues to fail to provide life-protecting and life-sustaining services to its people. The international community responded immediately to the cyclone and attempted to provide humanitarian assistance. More than 30 disaster assessment teams from 18 different nations and the United Nations arrived in the region, but the Burmese regime denied them permission to enter the country. Eventually visas were granted to aid workers, but the regime continues to severely limit their ability to provide assistance in the affected areas. Despite the devastation caused by Cyclone Nargis, the junta went ahead with its referendum on a constitution drafted by an illegitimate assembly, conducting voting in unaffected areas on May 10, 2008 , and in portions of the affected Irrawaddy region and Rangoon on May 26, 2008 .

“SEC. 3 DEFINITIONS.

“In this Act: The terms ‘account’, ‘correspondent account’, and ‘payable-through account’ have the meanings given the terms in section 5318A(e)(1) of title 31 , United States Code. The term ‘appropriate congressional committees’ means— the Committee on Foreign Relations of the Senate; the Committee on Finance of the Senate; the Committee on Foreign Affairs of the House of Representatives; and the Committee on Ways and Means of the House of Representatives. The term ‘ASEAN’ means the Association of Southeast Asian Nations. The term ‘person’ means— an individual, corporation, company, business association, partnership, society, trust, any other nongovernmental entity, organization, or group; and any successor, subunit, or subsidiary of any person described in subparagraph (A). The term ‘SPDC’ means the State Peace and Development Council, the ruling military regime in Burma. The term ‘United States person’ means any United States citizen, permanent resident alien, juridical person organized under the laws of the United States (including foreign branches), or any person in the United States.

“SEC. 4 STATEMENT OF POLICY.

“It is the policy of the United States to— condemn the continued repression carried out by the SPDC; work with the international community, especially the People’s Republic of China, India, Thailand, and ASEAN, to foster support for the legitimate democratic aspirations of the people of Burma and to coordinate efforts to impose sanctions on those directly responsible for human rights abuses in Burma; provide all appropriate support and assistance to aid a peaceful transition to constitutional democracy in Burma; support international efforts to alleviate the suffering of Burmese refugees and address the urgent humanitarian needs of the Burmese people; and identify individuals responsible for the repression of peaceful political activity in Burma and hold them accountable for their actions.

“SEC. 5 SANCTIONS.

(“(a) Visa Ban.— The following persons shall be ineligible for a visa to travel to the United States: Former and present leaders of the SPDC, the Burmese military, or the USDA. Officials of the SPDC, the Burmese military, or the USDA involved in the repression of peaceful political activity or in other gross violations of human rights in Burma or in the commission of other human rights abuses, including any current or former officials of the security services and judicial institutions of the SPDC. Any other Burmese persons who provide substantial economic and political support for the SPDC, the Burmese military, or the USDA. The immediate family members of any person described in subparagraphs (A) through (C). The President may waive the visa ban described in paragraph (1) only if the President determines and certifies in writing to Congress that travel by the person seeking such a waiver is in the national interests of the United States. Nothing in this subsection shall be construed to conflict with the provisions of section 694 of the Consolidated Appropriations Act, 2008 ( Public Law 110–161 ) [ 121 Stat. 2366 ], nor shall this subsection be construed to make ineligible for a visa members of ethnic groups in Burma now or previously opposed to the regime who were forced to provide labor or other support to the Burmese military and who are otherwise eligible for admission into the United States.

(“(b) Financial Sanctions.— No property or interest in property belonging to a person described in subsection (a)(1) may be transferred, paid, exported, withdrawn, or otherwise dealt with if— the property is located in the United States or within the possession or control of a United States person, including the overseas branch of a United States person; or the property comes into the possession or control of a United States person after the date of the enactment of this Act [ July 29, 2008 ]. Except with respect to transactions authorized under Executive Orders 13047 ( May 20, 1997 ) and 13310 ( July 28, 2003 ) [listed in a table below], no United States person may engage in a financial transaction with the SPDC or with a person described in subsection (a)(1). Activities prohibited by reason of the blocking of property and financial transactions under this subsection shall include the following: Payments or transfers of any property, or any transactions involving the transfer of anything of economic value by any United States person, including any United States financial institution and any branch or office of such financial institution that is located outside the United States, to the SPDC or to an individual described in subsection (a)(1). The export or reexport directly or indirectly, of any goods, technology, or services by a United States person to the SPDC, to an individual described in subsection (a)(1) or to any entity owned, controlled, or operated by the SPDC or by an individual described in such subsection.

(“(c) Authority for Additional Banking Sanctions.— The Secretary of the Treasury, in consultation with the Secretary of State, the Attorney General of the United States, and the Chairman of the Board of Governors of the Federal Reserve System, may prohibit or impose conditions on the opening or maintaining in the United States of a correspondent account or payable-through account by any financial institution (as that term is defined in section 5312 of title 31 , United States Code) or financial agency that is organized under the laws of a State, territory, or possession of the United States, for or on behalf of a foreign banking institution, if the Secretary determines that the account might be used— by a foreign banking institution that holds property or an interest in property belonging to the SPDC or a person described in subsection (a)(1); or to conduct a transaction on behalf of the SPDC or a person described in subsection (a)(1). The Secretary of the Treasury may, by regulation, further define the terms used in paragraph (1) for purposes of this section, as the Secretary considers appropriate.

(“(d) List of Sanctioned Officials.— Not later than 120 days after the date of the enactment of this Act [ July 29, 2008 ], the President shall transmit to the appropriate congressional committees a list of— former and present leaders of the SPDC, the Burmese military, and the USDA; officials of the SPDC, the Burmese military, or the USDA involved in the repression of peaceful political activity in Burma or in the commission of other human rights abuses, including any current or former officials of the security services and judicial institutions of the SPDC; any other Burmese persons or entities who provide substantial economic and political support for the SPDC, the Burmese military, or the USDA; and the immediate family members of any person described in subparagraphs (A) through (C) whom [sic] the President determines effectively controls property in the United States or has benefitted from a financial transaction with any United States person. In preparing the list required under paragraph (1), the President shall consider the data already obtained by other countries and entities that apply sanctions against Burma, such as the Australian Government and the European Union. The President shall transmit to the appropriate congressional committees updated lists of the persons described in paragraph (1) as new information becomes available. The Secretary of State and the Secretary of the Treasury shall devote sufficient resources to the identification of information concerning potential persons to be sanctioned to carry out the purposes described in this Act.

(“(e) Rule of Construction.— Nothing in this section may be construed to prohibit any contract or other financial transaction with any nongovernmental humanitarian organization in Burma.

(“(f) Exceptions.— The prohibitions and restrictions described in subsections (b) and (c) shall not apply to medicine, medical equipment or supplies, food or feed, or any other form of humanitarian assistance provided to Burma. For the following purposes, the Secretary of State may, by regulation, authorize exceptions to the prohibition and restrictions described in subsection (a), and the Secretary of the Treasury may, by regulation, authorize exceptions to the prohibitions and restrictions described in subsections (b) and (c)— to permit the United States and Burma to operate their diplomatic missions, and to permit the United States to conduct other official United States Government business in Burma; to permit United States citizens to visit Burma; and to permit the United States to comply with the United Nations Headquarters Agreement and other applicable international agreements.

(“(g) Penalties.— Any person who violates any prohibition or restriction imposed pursuant to subsection (b) or (c) shall be subject to the penalties under section 6 [probably means section 206] of the International Emergency Economic Powers Act ( 50 U.S.C. 1705 ) to the same extent as for a violation under that Act [ 50 U.S.C. 1701 et seq.].

(“(h) Termination of Sanctions.— The sanctions imposed under subsection (a), (b), or (c) shall apply until the President determines and certifies to the appropriate congressional committees that the SPDC has— unconditionally released all political prisoners, including Aung San Suu Kyi and other members of the National League for Democracy; entered into a substantive dialogue with democratic forces led by the National League for Democracy and the ethnic minorities of Burma on transitioning to democratic government under the rule of law; and allowed humanitarian access to populations affected by armed conflict in all regions of Burma.

(“(i) Waiver.— The President may waive the sanctions described in subsections (b) and (c) if the President determines and certifies to the appropriate congressional committees that such waiver is in the national interest of the United States.

“SEC. 6 AMENDMENTS TO THE BURMESE FREEDOM AND DEMOCRACY ACT OF 2003.

(“(a) In General.—

(“(b) Duration of Sanctions.— The amendments made by this subsection take effect on the day after the date of the enactment of 5th [sic] renewal resolution enacted into law after the date of the enactment of the Burmese Freedom and Democracy Act of 2003 [ July 28, 2003 ], or the date of the enactment of this Act [ July 29, 2008 ], whichever occurs later. In this paragraph, the term ‘renewal resolution’ means a renewal resolution described in section 9(c) of the Burmese Freedom and Democracy Act of 2003 [ Pub. L. 108–61 , set out below] that is enacted into law in accordance with such section.

(“(c) Conforming Amendment.—

“[SEC. 7

Repealed. Pub. L. 117–81, div. E, title LI, § 5106 , Dec. 27, 2021 , 135 Stat. 2347 .]

“SEC. 8 SUPPORT FOR CONSTITUTIONAL DEMOCRACY IN BURMA.

(“(a) In General.— The President is authorized to assist Burmese democracy activists who are dedicated to nonviolent opposition to the SPDC in their efforts to promote freedom, democracy, and human rights in Burma.

(“(b) Authorization of Appropriations.— There are authorized to be appropriated $5,000,000 to the Secretary of State for fiscal year 2008 to— provide aid to democracy activists in Burma; provide aid to individuals and groups conducting democracy programming outside of Burma targeted at a peaceful transition to constitutional democracy inside Burma; and expand radio and television broadcasting into Burma.

“SEC. 9 SUPPORT FOR NONGOVERNMENTAL ORGANIZATIONS ADDRESSING THE HUMANITARIAN NEEDS OF THE BURMESE PEOPLE.

(“(a) Sense of Congress.— It is the sense of Congress that the international community should increase support for nongovernmental organizations attempting to meet the urgent humanitarian needs of the Burmese people.

(“(b) Licenses for Humanitarian or Religious Activities in Burma.—

(“(c) Authorization of Appropriations.— Notwithstanding any other provision of law, there are authorized to be appropriated $11,000,000 to the Secretary of State for fiscal year 2008 to support operations by nongovernmental organizations, subject to paragraph (2), designed to address the humanitarian needs of the Burmese people inside Burma and in refugee camps in neighboring countries. Except as provided under subparagraph (B), amounts appropriated pursuant to paragraph (1) may not be provided to— SPDC-controlled entities; entities run by members of the SPDC or their families; or entities providing cash or resources to the SPDC, including organizations affiliated with the United Nations. The President may waive the funding restriction described in subparagraph (A) if— the President determines and certifies to the appropriate congressional committees that such waiver is in the national interests of the United States; a description of the national interests need for the waiver is submitted to the appropriate congressional committees; and the description submitted under clause (ii) is posted on a publicly accessible Internet Web site of the Department of State.

“SEC. 10 REPORT ON MILITARY AND INTELLIGENCE AID TO BURMA.

(“(a) In General.— Not later than 180 days after the date of the enactment of this Act [ July 29, 2008 ] and annually thereafter, the Secretary of State shall submit to the Committee on Foreign Affairs of the House of Representatives and the Committee on Foreign Relations of the Senate a report containing a list of countries, companies, and other entities that provide military or intelligence aid to the SPDC and describing such military or intelligence aid provided by each such country, company, and other entity.

(“(b) Military or Intelligence Aid Defined.— For the purpose of this section, the term ‘military or intelligence aid’ means, with respect to the SPDC— the provision of weapons, weapons parts, military vehicles, or military aircraft; the provision of military or intelligence training, including advice and assistance on subject matter expert exchanges; the provision of weapons of mass destruction and related materials, capabilities, and technology, including nuclear, chemical, or dual-use capabilities; conducting joint military exercises; the provision of naval support, including ship development and naval construction; the provision of technical support, including computer and software development and installations, networks, and infrastructure development and construction; or the construction or expansion of airfields, including radar and anti-aircraft systems.

(“(c) Form.— The report required under subsection (a) shall be submitted in unclassified form but may include a classified annex and the unclassified form shall be placed on the Department of State’s website.

“SEC. 11 SENSE OF CONGRESS ON INTERNATIONAL ARMS SALES TO BURMA.

“It is the sense of Congress that the United States should lead efforts in the United Nations Security Council to impose a mandatory international arms embargo on Burma, curtailing all sales of weapons, ammunition, military vehicles, and military aircraft to Burma until the SPDC releases all political prisoners, restores constitutional rule, takes steps toward inclusion of ethnic minorities in political reconciliation efforts, and holds free and fair elections to establish a new government.

“SEC. 12 REDUCTION OF SPDC REVENUE FROM TIMBER.

(“(a) Report.— Not later than one year after the date of the enactment of this Act [ July 29, 2008 ] and annually thereafter, the Secretary of State, in consultation with the Secretary of Commerce, and other Federal officials, as appropriate, shall submit to the appropriate congressional committees a report on Burma’s timber trade containing information on the following: Products entering the United States made in whole or in part of wood grown and harvested in Burma, including measurements of annual value and volume and considering both legal and illegal timber trade. Statistics about Burma’s timber trade, including raw wood and wood products, in aggregate and broken down by country and timber species, including measurements of value and volume and considering both legal and illegal timber trade. A description of the chains of custody of products described in paragraph (1), including direct trade streams from Burma to the United States and via manufacturing or transshipment in third countries. Illegalities, abuses, or corruption in the Burmese timber sector. A description of all common consumer and commercial applications unique to Burmese hardwoods, including the furniture and marine manufacturing industries.

(“(b) Recommendations.— The report required under subsection (a) shall include recommendations on the following: Alternatives to Burmese hardwoods for the commercial applications described in paragraph (5) of subsection (a), including alternative species of timber that could provide the same applications. Strategies for encouraging sustainable management of timber in locations with potential climate, soil, and other conditions to compete with Burmese hardwoods for the consumer and commercial applications described in paragraph (5) of subsection (a). The appropriate United States and international customs documents and declarations that would need to be kept and compiled in order to establish the chain of custody concerning products described in paragraphs (1) and (3) of subsection (a). Strategies for strengthening the capacity of Burmese civil society, including Burmese society in exile, to monitor and report on the SPDC’s trade in timber and other extractive industries so that Burmese natural resources can be used to benefit the majority of Burma’s population.

“SEC. 13 REPORT ON FINANCIAL ASSETS HELD BY MEMBERS OF THE SPDC.

(“(a) In General.— Not later than 180 days after the date of the enactment of this Act [ July 29, 2008 ] and annually thereafter, the Secretary of the Treasury, in consultation with the Secretary of State, shall submit to the Committee on Foreign Affairs of the House of Representatives, the Committee on Ways and Means of the House of the [sic] Representatives, the Committee on Foreign Relations of the Senate, and the Committee on Finance of the Senate a report containing a list of all countries and foreign banking institutions that hold assets on behalf of senior Burmese officials.

(“(b) Definitions.— For the purpose of this section: The term ‘senior Burmese officials’ shall mean individuals covered under section 5(d)(1) of this Act. Other terms shall be defined under the authority of and consistent with section 5(c)(2) of this Act.

(“(c) Form.— The report required under subsection (a) shall be submitted in unclassified form but may include a classified annex. The report shall also be posted on the Department of Treasury’s website not later than 30 days of the submission to Congress of the report. To the extent possible, the report shall include the names of the senior Burmese officials and the approximate value of their holdings in the respective foreign banking institutions and any other pertinent information.

“SEC. 14 UNOCAL PLAINTIFFS.

(“(a) Sense of Congress.— It is the Sense of Congress that the United States should work with the Royal Thai Government to ensure the safety in Thailand of the 15 plaintiffs in the Doe v. Unocal case, and should consider granting refugee status or humanitarian parole to these plaintiffs to enter the United States consistent with existing United States law.

(“(b) Report.— Not later than 90 days after the date of the enactment of this Act [ July 29, 2008 ], the President shall submit to the appropriate Congressional committees a report on the status of the Doe vs. Unocal plaintiffs and whether the plaintiffs have been granted refugee status or humanitarian parole.

“SEC. 15 SENSE OF CONGRESS WITH RESPECT TO INVESTMENTS IN BURMA’S OIL AND GAS INDUSTRY.

(“(a) Findings and Declarations.— Congress finds the following: Currently United States, French, and Thai investors are engaged in the production and delivery of natural gas in the pipeline from the Yadana and Sein fields (Yadana pipeline) in the Andaman Sea, an enterprise which falls under the jurisdiction of the Burmese Government, and United States investment by Chevron represents approximately a 28 percent nonoperated, working interest in that pipeline. The Congressional Research Service estimates that the Yadana pipeline provides at least $500,000,000 in annual revenue for the Burmese Government. The natural gas that transits the Yadana pipeline is delivered primarily to Thailand, representing about 20 percent of Thailand’s total gas supply. The executive branch has in the past exempted investment in the Yadana pipeline from the sanctions regime against the Burmese Government. Congress believes that United States companies ought to be held to a high standard of conduct overseas and should avoid as much as possible acting in a manner that supports repressive regimes such as the Burmese Government. Congress recognizes the important symbolic value that divestment of United States holdings in Burma would have on the international sanctions effort, demonstrating that the United States will continue to lead by example.

(“(b) Statement of Policy.— Congress urges Yadana investors to consider voluntary divestment over time if the Burmese Government fails to take meaningful steps to release political prisoners, restore civilian constitutional rule and promote national reconciliation. Congress will remain concerned with the matter of continued investment in the Yadana pipeline in the years ahead. Congress urges the executive branch to work with all firms invested in Burma’s oil and gas sector to use their influence to promote the peaceful transition to civilian democratic rule in Burma.

(“(c) Sense of Congress.— It is the sense of Congress that so long as Yadana investors remain invested in Burma, such investors should— communicate to the Burmese Government, military and business officials, at the highest levels, concern about the lack of genuine consultation between the Burmese Government and its people, the failure of the Burmese Government to use its natural resources to benefit the Burmese people, and the military’s use of forced labor; publicly disclose and deal with in a transparent manner, consistent with legal obligations, its role in any ongoing investment in Burma, including its financial involvement in any joint production agreement or other joint ventures and the amount of their direct or indirect support of the Burmese Government; and work with project partners to ensure that forced labor is not used to construct, maintain, support, or defend the project facilities, including pipelines, offices, or other facilities.”

“SECTION 1 SHORT TITLE.

“This Act may be cited as the ‘Burmese Freedom and Democracy Act of 2003’.

“SEC. 2 FINDINGS.

“Congress makes the following findings: The State Peace and Development Council (SPDC) has failed to transfer power to the National League for Democracy (NLD) whose parliamentarians won an overwhelming victory in the 1990 elections in Burma. The SPDC has failed to enter into meaningful, political dialogue with the NLD and ethnic minorities and has dismissed the efforts of United Nations Special Envoy Razali bin Ismail to further such dialogue. According to the State Department’s ‘Report to the Congress Regarding Conditions in Burma and U.S. Policy Toward Burma’ dated March 28, 2003 , the SPDC has become ‘more confrontational’ in its exchanges with the NLD. On May 30, 2003 , the SPDC, threatened by continued support for the NLD throughout Burma, brutally attacked NLD supporters, killed and injured scores of civilians, and arrested democracy advocate Aung San Suu Kyi and other activists. The SPDC continues egregious human rights violations against Burmese citizens, uses rape as a weapon of intimidation and torture against women, and forcibly conscripts child-soldiers for the use in fighting indigenous ethnic groups. The SPDC is engaged in ethnic cleansing against minorities within Burma, including the Karen, Karenni, and Shan people, which constitutes a crime against humanity and has directly led to more than 600,000 internally displaced people living within Burma and more than 130,000 people from Burma living in refugee camps along the Thai-Burma border. The ethnic cleansing campaign of the SPDC is in sharp contrast to the traditional peaceful coexistence in Burma of Buddhists, Muslims, Christians, and people of traditional beliefs. The SPDC has demonstrably failed to cooperate with the United States in stopping the flood of heroin and methamphetamines being grown, refined, manufactured, and transported in areas under the control of the SPDC serving to flood the region and much of the world with these illicit drugs. The SPDC provides safety, security, and engages in business dealings with narcotics traffickers under indictment by United States authorities, and other producers and traffickers of narcotics. The International Labor Organization (ILO), for the first time in its 82-year history, adopted in 2000, a resolution recommending that governments, employers, and workers organizations take appropriate measures to ensure that their relations with the SPDC do not abet the government-sponsored system of forced, compulsory, or slave labor in Burma, and that other international bodies reconsider any cooperation they may be engaged in with Burma and, if appropriate, cease as soon as possible any activity that could abet the practice of forced, compulsory, or slave labor. The SPDC has integrated the Burmese military and its surrogates into all facets of the economy effectively destroying any free enterprise system. Investment in Burmese companies and purchases from them serve to provide the SPDC with currency that is used to finance its instruments of terror and repression against the Burmese people. On April 15, 2003 , the American Apparel and Footwear Association expressed its ‘strong support for a full and immediate ban on U.S. textiles, apparel and footwear imports from Burma’ and called upon the United States Government to ‘impose an outright ban on U.S. imports’ of these items until Burma demonstrates respect for basic human and labor rights of its citizens. The policy of the United States, as articulated by the President on April 24, 2003 , is to officially recognize the NLD as the legitimate representative of the Burmese people as determined by the 1990 election. The United States must work closely with other nations, including Thailand, a close ally of the United States, to highlight attention to the SPDC’s systematic abuses of human rights in Burma, to ensure that nongovernmental organizations promoting human rights and political freedom in Burma are allowed to operate freely and without harassment, and to craft a multilateral sanctions regime against Burma in order to pressure the SPDC to meet the conditions identified in section 3(a)(3) of this Act.

“SEC. 3 BAN AGAINST TRADE THAT SUPPORTS THE MILITARY REGIME OF BURMA.

(“(a) General Ban.— Notwithstanding any other provision of law, until such time as the President determines and certifies to Congress that Burma has met the conditions described in paragraph (3), beginning 30 days after the date of the enactment of this Act [ July 28, 2003 ], the President shall ban the importation of any article that is a product of Burma. The import restrictions contained in paragraph (1) shall apply to, among other entities— the SPDC, any ministry of the SPDC, a member of the SPDC or an immediate family member of such member; known narcotics traffickers from Burma or an immediate family member of such narcotics trafficker; the Union of Myanmar Economics Holdings Incorporated (UMEHI) or any company in which the UMEHI has a fiduciary interest; the Myanmar Economic Corporation (MEC) or any company in which the MEC has a fiduciary interest; the Union Solidarity and Development Association (USDA); and any successor entity for the SPDC, UMEHI, MEC, or USDA. The conditions described in this paragraph are the following: The SPDC has made substantial and measurable progress to end violations of internationally recognized human rights including rape, and the Secretary of State, after consultation with the ILO Secretary General and relevant nongovernmental organizations, reports to the appropriate congressional committees that the SPDC no longer systematically violates workers rights, including the use of forced and child labor, and conscription of child-soldiers. The SPDC has made measurable and substantial progress toward implementing a democratic government including— releasing all political prisoners; allowing freedom of speech and the press; allowing freedom of association; permitting the peaceful exercise of religion; and bringing to a conclusion an agreement between the SPDC and the democratic forces led by the NLD and Burma’s ethnic nationalities on the transfer of power to a civilian government accountable to the Burmese people through democratic elections under the rule of law. Pursuant to section 706(2) of the Foreign Relations Authorization Act, Fiscal Year 2003 ( Public Law 107–228 ) [ 22 U.S.C. 2291j–1(2) ], Burma has not been designated as a country that has failed demonstrably to make substantial efforts to adhere to its obligations under international counternarcotics agreements and to take other effective counternarcotics measures, including, but not limited to (i) the arrest and extradition of all individuals under indictment in the United States for narcotics trafficking, (ii) concrete and measurable actions to stem the flow of illicit drug money into Burma’s banking system and economic enterprises, and (iii) actions to stop the manufacture and export of methamphetamines. In this subsection, the term ‘appropriate congressional committees’ means the Committees on Foreign Relations and Appropriations of the Senate and the Committees on International Relations [now Foreign Affairs] and Appropriations of the House of Representatives.

(“(b) Waiver Authorities.— The President may waive the restrictions described in this section or section 3A(b)(1) or (c)(1) for any or all articles that are subject to such restrictions if the President determines and notifies the Committees on Appropriations, Finance, and Foreign Relations of the Senate and the Committees on Appropriations, International Relations [now Foreign Affairs], and Ways and Means of the House of Representatives that to do so is in the national interest of the United States.

“SEC. 3A PROHIBITION ON IMPORTATION OF JADEITE AND RUBIES FROM BURMA AND ARTICLES OF JEWELRY CONTAINING JADEITE OR RUBIES FROM BURMA.

(“(a) Definitions.— In this section: The term ‘appropriate congressional committees’ means— the Committee on Ways and Means and the Committee on Foreign Affairs of the House of Representatives; and the Committee on Finance and the Committee on Foreign Relations of the Senate. The term ‘Burmese covered article’ means— jadeite mined or extracted from Burma; rubies mined or extracted from Burma; or articles of jewelry containing jadeite described in subparagraph (A) or rubies described in subparagraph (B). The term ‘non-Burmese covered article’ means— jadeite mined or extracted from a country other than Burma; rubies mined or extracted from a country other than Burma; or articles of jewelry containing jadeite described in subparagraph (A) or rubies described in subparagraph (B). The term ‘jadeite’ means any jadeite classifiable under heading 7103 of the Harmonized Tariff Schedule of the United States (in this paragraph referred to as the ‘HTS’) [see Publication of Harmonized Tariff Schedule note set out under section 1202 of Title 19 , Customs Duties]. The term ‘rubies’ means any rubies classifiable under heading 7103 of the HTS. The term ‘articles of jewelry containing jadeite or rubies’ means— any article of jewelry classifiable under heading 7113 of the HTS that contains jadeite or rubies; or any article of jadeite or rubies classifiable under heading 7116 of the HTS. The term ‘United States’, when used in the geographic sense, means the several States, the District of Columbia, and any commonwealth, territory, or possession of the United States.

(“(b) Prohibition on Importation of Burmese Covered Articles.— Notwithstanding any other provision of law, until such time as the President determines and certifies to the appropriate congressional committees that Burma has met the conditions described in section 3(a)(3), beginning 60 days after the date of the enactment of the Tom Lantos Block Burmese JADE (Junta’s Anti-Democratic Efforts) Act of 2008 [ July 29, 2008 ], the President shall prohibit the importation into the United States of any Burmese covered article. The President is authorized to, and shall as necessary, issue such proclamations, regulations, licenses, and orders, and conduct such investigations, as may be necessary to implement the prohibition under paragraph (1). Beginning on the date of the enactment of this Act [ July 28, 2003 ], the President shall take all appropriate actions to seek the following: The issuance of a draft waiver decision by the Council for Trade in Goods of the World Trade Organization granting a waiver of the applicable obligations of the United States under the World Trade Organization with respect to the provisions of this section and any measures taken to implement this section. The adoption of a resolution by the United Nations General Assembly expressing the need to address trade in Burmese covered articles and calling for the creation and implementation of a workable certification scheme for non-Burmese covered articles to prevent the trade in Burmese covered articles.

(“(c) Requirements for Importation of Non-Burmese Covered Articles.— Except as provided in paragraph (2), until such time as the President determines and certifies to the appropriate congressional committees that Burma has met the conditions described in section 3(a)(3), beginning 60 days after the date of the enactment of the Tom Lantos Block Burmese JADE (Junta’s Anti-Democratic Efforts) Act of 2008 [ July 29, 2008 ], the President shall require as a condition for the importation into the United States of any non-Burmese covered article that— the exporter of the non-Burmese covered article has implemented measures that have substantially the same effect and achieve the same goals as the measures described in clauses (i) through (iv) of paragraph (2)(B) (or their functional equivalent) to prevent the trade in Burmese covered articles; and the importer of the non-Burmese covered article agrees— to maintain a full record of, in the form of reports or otherwise, complete information relating to any act or transaction related to the purchase, manufacture, or shipment of the non-Burmese covered article for a period of not less than 5 years from the date of entry of the non-Burmese covered article; and to provide the information described in clause (i) within the custody or control of such person to the relevant United States authorities upon request. The President may waive the requirements of paragraph (1) with respect to the importation of non-Burmese covered articles from any country with respect to which the President determines and certifies to the appropriate congressional committees has implemented the measures described in subparagraph (B) (or their functional equivalent) to prevent the trade in Burmese covered articles. The measures referred to in subparagraph (A) are the following: With respect to exportation from the country of jadeite or rubies in rough form, a system of verifiable controls on the jadeite or rubies from mine to exportation demonstrating that the jadeite or rubies were not mined or extracted from Burma, and accompanied by officially-validated documentation certifying the country from which the jadeite or rubies were mined or extracted, total carat weight, and value of the jadeite or rubies. With respect to exportation from the country of finished jadeite or polished rubies, a system of verifiable controls on the jadeite or rubies from mine to the place of final finishing of the jadeite or rubies demonstrating that the jadeite or rubies were not mined or extracted from Burma, and accompanied by officially-validated documentation certifying the country from which the jadeite or rubies were mined or extracted. With respect to exportation from the country of articles of jewelry containing jadeite or rubies, a system of verifiable controls on the jadeite or rubies from mine to the place of final finishing of the article of jewelry containing jadeite or rubies demonstrating that the jadeite or rubies were not mined or extracted from Burma, and accompanied by officially-validated documentation certifying the country from which the jadeite or rubies were mined or extracted. Verifiable recordkeeping by all entities and individuals engaged in mining, importation, and exportation of non-Burmese covered articles in the country, and subject to inspection and verification by authorized authorities of the government of the country in accordance with applicable law. Implementation by the government of the country of proportionate and dissuasive penalties against any persons who violate laws and regulations designed to prevent trade in Burmese covered articles. Full cooperation by the country with the United Nations or other official international organizations that seek to prevent trade in Burmese covered articles. The President is authorized to, and shall as necessary, issue such proclamations, regulations, licenses, and orders and conduct such investigations, as may be necessary to implement the provisions under paragraphs (1) and (2).

(“(d) Inapplicability.— The requirements of subsection (b)(1) and subsection (c)(1) shall not apply to Burmese covered articles and non-Burmese covered articles, respectively, that were previously exported from the United States, including those that accompanied an individual outside the United States for personal use, if they are reimported into the United States by the same person, without having been advanced in value or improved in condition by any process or other means while outside the United States. The requirements of subsection (c)(1) shall not apply with respect to the importation of non-Burmese covered articles that are imported by or on behalf of an individual for personal use and accompanying an individual upon entry into the United States.

(“(e) Enforcement.— Burmese covered articles or non-Burmese covered articles that are imported into the United States in violation of any prohibition of this Act or any other provision law [sic] shall be subject to all applicable seizure and forfeiture laws and criminal and civil laws of the United States to the same extent as any other violation of the customs laws of the United States.

(“(f) Sense of Congress.— It is the sense of Congress that the President should take the necessary steps to seek to negotiate an international arrangement—similar to the Kimberley Process Certification Scheme for conflict diamonds—to prevent the trade in Burmese covered articles. Such an international arrangement should create an effective global system of controls and should contain the measures described in subsection (c)(2)(B) (or their functional equivalent). In paragraph (1), the term ‘Kimberley Process Certification Scheme’ has the meaning given the term in section 3(6) of the Clean Diamond Trade Act ( Public Law 108–19 ; 19 U.S.C. 3902(6) ).

(“(g) Report.— Not later than 180 days after the date of the enactment of the Tom Lantos Block Burmese JADE (Junta’s Anti-Democratic Efforts) Act of 2008 [ July 29, 2008 ], the President shall transmit to the appropriate congressional committees a report describing what actions the United States has taken during the 60-day period beginning on the date of the enactment of such Act to seek— the issuance of a draft waiver decision by the Council for Trade in Goods of the World Trade Organization, as specified in subsection (b)(3)(A); the adoption of a resolution by the United Nations General Assembly, as specified in subsection (b)(3)(B); and the negotiation of an international arrangement, as specified in subsection (f)(1). The President shall make continued efforts to seek the items specified in subparagraphs (A), (B), and (C) of paragraph (1) and shall promptly update the appropriate congressional committees on subsequent developments with respect to these efforts.

(“(h) GAO Report.— Not later than 14 months after the date of the enactment of the Tom Lantos Block Burmese JADE (Junta’s Anti-Democratic Efforts) Act of 2008 [ July 29, 2008 ], the Comptroller General of the United States shall submit to the appropriate congressional committees a report on the effectiveness of the implementation of this section. The Comptroller General shall include in the report any recommendations for improving the administration of this Act.

“SEC. 4 FREEZING ASSETS OF THE BURMESE REGIME IN THE UNITED STATES.

(“(a) Reporting Requirement.— Not later than 60 days after the date of enactment of this Act [ July 28, 2003 ], the President shall take such action as is necessary to direct, and promulgate regulations to the same, that any United States financial institution holding funds belonging to the SPDC or the assets of those individuals who hold senior positions in the SPDC or its political arm, the Union Solidarity Development Association, shall promptly report those funds or assets to the Office of Foreign Assets Control.

(“(b) Additional Authority.— The President may take such action as may be necessary to impose a sanctions regime to freeze such funds or assets, subject to such terms and conditions as the President determines to be appropriate.

(“(c) Delegation.— The President may delegate the duties and authorities under this section to such Federal officers or other officials as the President deems appropriate.

“SEC. 5 LOANS AT INTERNATIONAL FINANCIAL INSTITUTIONS.

(“(a) Opposition to Assistance to Burma.— The Secretary of the Treasury shall instruct the United States executive director to each appropriate international financial institution in which the United States participates, to oppose, and vote against the extension by such institution of any loan or financial or technical assistance to Burma until such time as the conditions described in section 3(a)(3) are met.

(“(b) Licenses for Humanitarian or Religious Activities in Burma.— Notwithstanding any other provision of law, the Secretary of the Treasury is authorized to issue multi-year licenses for humanitarian or religious activities in Burma.

“SEC. 6 EXPANSION OF VISA BAN.

(“(a) In General.— The President is authorized to deny visas and entry to the former and present leadership of the SPDC or the Union Solidarity Development Association. The Secretary of State shall coordinate on a biannual basis with representatives of the European Union to allow officials of the United States and the European Union to ensure a high degree of coordination of lists of individuals banned from obtaining a visa by the European Union for the reason described in paragraph (1) and those banned from receiving a visa from the United States.

(“(b) Publication.— The Secretary of State shall post on the Department of State’s website the names of individuals whose entry into the United States is banned under subsection (a).

“SEC. 7 CONDEMNATION OF THE REGIME AND DISSEMINATION OF INFORMATION.

“Congress encourages the Secretary of State to highlight the abysmal record of the SPDC to the international community and use all appropriate fora, including the Association of Southeast Asian Nations Regional Forum and Asian Nations Regional Forum, to encourage other states to restrict financial resources to the SPDC and Burmese companies while offering political recognition and support to Burma’s democratic movement including the National League for Democracy and Burma’s ethnic groups.

“SEC. 8 SUPPORT DEMOCRACY ACTIVISTS IN BURMA.

(“(a) In General.— The President is authorized to use all available resources to assist Burmese democracy activists dedicated to nonviolent opposition to the regime in their efforts to promote freedom, democracy, and human rights in Burma, including a listing of constraints on such programming.

(“(b) Reports.— Not later than 3 months after the date of enactment of this Act [ July 28, 2003 ], the Secretary of State shall provide the Committees on Appropriations and Foreign Relations of the Senate and the Committees on Appropriations and International Relations [now Foreign Affairs] of the House of Representatives a comprehensive report on its short- and long-term programs and activities to support democracy activists in Burma, including a list of constraints on such programming. Not later than 6 months after the date of enactment of this Act, the Secretary of State shall provide the Committees on Appropriations and Foreign Relations of the Senate and the Committees on Appropriations and International Relations [now Foreign Affairs] of the House of Representatives a report identifying resources that will be necessary for the reconstruction of Burma, after the SPDC is removed from power, including— the formation of democratic institutions; establishing the rule of law; establishing freedom of the press; providing for the successful reintegration of military officers and personnel into Burmese society; and providing health, educational, and economic development. Not later than 90 days before the date on which the import restrictions contained in section 3(a)(1) are to expire, the Secretary of State, in consultation with the United States Trade Representative and the heads of appropriate agencies, shall submit to the Committees on Appropriations, Finance, and Foreign Relations of the Senate, and the Committees on Appropriations, International Relations [now Foreign Affairs], and Ways and Means of the House of Representatives, a report on— bilateral and multilateral measures undertaken by the United States Government and other governments to promote human rights and democracy in Burma; the extent to which actions related to trade with Burma taken pursuant to this Act have been effective in— improving conditions in Burma, including human rights violations, arrest and detention of democracy activists, forced and child labor, and the status of dialogue between the SPDC and the NLD and ethnic minorities; furthering the policy objections of the United States toward Burma; and the impact of actions relating to trade take [sic] pursuant to this Act on other national security, economic, and foreign policy interests of the United States, including relations with countries friendly to the United States.

“SEC. 9 DURATION OF SANCTIONS.

(“(a) Termination by Request From Democratic Burma.— The President may terminate any provision in this Act upon the request of a democratically elected government in Burma, provided that all the conditions in section 3(a)(3) have been met.

(“(b) Continuation of Import Sanctions.— The import restrictions contained in section 3(a)(1) shall expire 1 year from the date of enactment of this Act [ July 28, 2003 ] unless renewed under paragraph (2) of this section [subsection]. The import restrictions contained in section 3(a)(1) may be renewed annually for a 1-year period if, prior to the anniversary of the date of enactment of this Act, and each year thereafter, a renewal resolution is enacted into law in accordance with subsection (c). The import restrictions contained in section 3(a)(1) may be renewed for a maximum of twelve years from the date of the enactment of this Act [ July 28, 2003 ]. For purposes of this subsection, any reference to section 3(a)(1) shall be deemed to include a reference to section 3A(b)(1) and (c)(1).

(“(c) Renewal Resolutions.— For purposes of this section, the term ‘renewal resolution’ means a joint resolution of the 2 Houses of Congress, the sole matter after the resolving clause of which is as follows: ‘That Congress approves the renewal of the import restrictions contained in section 3(a)(1) and section 3A(b)(1) and (c)(1) of the Burmese Freedom and Democracy Act of 2003.’. A renewal resolution— may be introduced in either House of Congress by any member of such House at any time within the 90-day period before the expiration of the import restrictions contained in section 3(a)(1) and section 3A(b)(1) and (c)(1); and the provisions of subparagraph (B) shall apply. The provisions of section 152(b), (c), (d), (e), and (f) of the Trade Act of 1974 ( 19 U.S.C. 2192 (b), (c), (d), (e), and (f)) apply to a renewal resolution under this Act as if such resolution were a resolution described in section 152(a) of the Trade Act of 1974.”

“SECTION 1 SHORT TITLE.

“This Act may be cited as the ‘Iran, North Korea, and Syria Nonproliferation Act’.

“SEC. 2 REPORTS ON PROLIFERATION RELATING TO IRAN, NORTH KOREA, AND SYRIA.

(“(a) Reports.— The President shall, at the times specified in subsection (b), submit to the Committee on International Relations [now Committee on Foreign Affairs] of the House of Representatives and the Committee on Foreign Relations of the Senate a report identifying every foreign person with respect to whom there is credible information indicating that that person, on or after January 1, 1999 , transferred to or acquired from Iran, on or after January 1, 2005 , transferred to or acquired from Syria, or on or after January 1, 2006 , transferred to or acquired from North Korea— goods, services, or technology listed on— the Nuclear Suppliers Group Guidelines for the Export of Nuclear Material, Equipment and Technology (published by the International Atomic Energy Agency as Information Circular INFCIRC/254/ Rev.3/ Part 1, and subsequent revisions) and Guidelines for Transfers of Nuclear-Related Dual-Use Equipment, Material, and Related Technology (published by the International Atomic Energy Agency as Information Circular INFCIRC/254/ Rev.3/ Part 2, and subsequent revisions); the Missile Technology Control Regime Equipment and Technology Annex of June 11, 1996 , and subsequent revisions; the lists of items and substances relating to biological and chemical weapons the export of which is controlled by the Australia Group; the Schedule One or Schedule Two list of toxic chemicals and precursors the export of which is controlled pursuant to the Convention on the Prohibition of the Development, Production, Stockpiling and Use of Chemical Weapons and on Their Destruction; or the Wassenaar Arrangement list of Dual Use Goods and Technologies and Munitions list of July 12, 1996 , and subsequent revisions; or goods, services, or technology not listed on any list identified in paragraph (1) but which nevertheless would be, if they were United States goods, services, or technology, prohibited for export to Iran, North Korea, or Syria, as the case may be, because of their potential to make a material contribution to the development of nuclear, biological, or chemical weapons, or of ballistic or cruise missile systems.

(“(b) Timing of Reports.— The reports under subsection (a) shall be submitted not later than 90 days after the date of the enactment of this Act [ Mar. 14, 2000 ], not later than 6 months after such date of enactment, and not later than the end of each 6-month period thereafter.

(“(c) Exceptions.— Any foreign person who— was identified in a previous report submitted under subsection (a) on account of a particular transfer; or has engaged in a transfer on behalf of, or in concert with, the Government of the United States, is not required to be identified on account of that same transfer in any report submitted thereafter under this section, except to the degree that new information has emerged indicating that the particular transfer may have continued, or been larger, more significant, or different in nature than previously reported under this section.

(“(d) Submission in Classified Form.— When the President considers it appropriate, reports submitted under subsection (a), or appropriate parts thereof, may be submitted in classified form.

(“(e) Content of Reports.— Each report under subsection (a) shall contain, with respect to each foreign person identified in such report, a brief description of the type and quantity of the goods, services, or technology transferred by that person to Iran, the circumstances surrounding the transfer, the usefulness of the transfer to Iranian weapons programs, and the probable awareness or lack thereof of the transfer on the part of the government with primary jurisdiction over the person.

“SEC. 3 APPLICATION OF MEASURES TO CERTAIN FOREIGN PERSONS.

(“(a) Application of Measures.— Subject to sections 4 and 5, the President is authorized to apply with respect to each foreign person identified in a report submitted pursuant to section 2(a), for such period of time as he may determine, any or all of the measures described in subsection (b).

(“(b) Description of Measures.— The measures referred to in subsection (a) are the following: The measures set forth in subsections (b) and (c) of section 4 of Executive Order No. 12938. Prohibition on United States Government sales to that foreign person of any item on the United States Munitions List as in effect on August 8, 1995 , and termination of sales to that person of any defense articles, defense services, or design and construction services under the Arms Export Control Act [ 22 U.S.C. 2751 et seq.]. Denial of licenses and suspension of existing licenses for the transfer to that person of items the export of which is controlled under the Export Administration Act of 1979 [ 50 U.S.C. 4601 et seq.] or the Export Administration Regulations.

(“(c) Effective Date of Measures.— Measures applied pursuant to subsection (a) shall be effective with respect to a foreign person no later than— 90 days after the report identifying the foreign person is submitted, if the report is submitted on or before the date required by section 2(b); 90 days after the date required by section 2(b) for submitting the report, if the report identifying the foreign person is submitted within 60 days after that date; or on the date that the report identifying the foreign person is submitted, if that report is submitted more than 60 days after the date required by section 2(b).

(“(d) Publication in Federal Register.— The application of measures to a foreign person pursuant to subsection (a) shall be announced by notice published in the Federal Register.

“SEC. 4 PROCEDURES IF MEASURES ARE NOT APPLIED.

(“(a) Requirement To Notify Congress.— Should the President not exercise the authority of section 3(a) to apply any or all of the measures described in section 3(b) with respect to a foreign person identified in a report submitted pursuant to section 2(a), he shall so notify the Committee on International Relations [now Committee on Foreign Affairs] of the House of Representatives and the Committee on Foreign Relations of the Senate no later than the effective date under section 3(c) for measures with respect to that person.

(“(b) Written Justification.— Any notification submitted by the President under subsection (a) shall include a written justification describing in detail the facts and circumstances relating specifically to the foreign person identified in a report submitted pursuant to section 2(a) that support the President’s decision not to exercise the authority of section 3(a) with respect to that person.

(“(c) Submission in Classified Form.— When the President considers it appropriate, the notification of the President under subsection (a), and the written justification under subsection (b), or appropriate parts thereof, may be submitted in classified form.

“SEC. 5 DETERMINATION EXEMPTING FOREIGN PERSON FROM SECTIONS 3 AND 4.

(“(a) In General.— Sections 3 and 4 shall not apply to a foreign person 15 days after the President reports to the Committee on International Relations [now Committee on Foreign Affairs] of the House of Representatives and the Committee on Foreign Relations of the Senate that the President has determined, on the basis of information provided by that person, or otherwise obtained by the President, that— the person did not, on or after January 1, 1999 , knowingly transfer to or acquire from Iran, North Korea, or Syria, as the case may be, the goods, services, or technology the apparent transfer of which caused that person to be identified in a report submitted pursuant to section 2(a); the goods, services, or technology the transfer of which caused that person to be identified in a report submitted pursuant to section 2(a) did not materially contribute to the efforts of Iran, North Korea, or Syria, as the case may be, to develop nuclear, biological, or chemical weapons, or ballistic or cruise missile systems, or weapons listed on the Wassenaar Arrangement Munitions List of July 12, 1996 , or any subsequent revision of that list; the person is subject to the primary jurisdiction of a government that is an adherent to one or more relevant nonproliferation regimes, the person was identified in a report submitted pursuant to section 2(a) with respect to a transfer of goods, services, or technology described in section 2(a)(1), and such transfer was made consistent with the guidelines and parameters of all such relevant regimes of which such government is an adherent; or the government with primary jurisdiction over the person has imposed meaningful penalties on that person on account of the transfer of the goods, services, or technology which caused that person to be identified in a report submitted pursuant to section 2(a).

(“(b) Opportunity To Provide Information.— Congress urges the President— in every appropriate case, to contact in a timely fashion each foreign person identified in each report submitted pursuant to section 2(a), or the government with primary jurisdiction over such person, in order to afford such person, or governments, the opportunity to provide explanatory, exculpatory, or other additional information with respect to the transfer that caused such person to be identified in a report submitted pursuant to section 2(a); and to exercise the authority in subsection (a) in all cases where information obtained from a foreign person identified in a report submitted pursuant to section 2(a), or from the government with primary jurisdiction over such person, establishes that the exercise of such authority is warranted.

(“(c) Submission in Classified Form.— When the President considers it appropriate, the determination and report of the President under subsection (a), or appropriate parts thereof, may be submitted in classified form.

“SEC. 6 RESTRICTION ON EXTRAORDINARY PAYMENTS IN CONNECTION WITH THE INTERNATIONAL SPACE STATION.

(“(a) Restriction on Extraordinary Payments in Connection With the International Space Station.— Notwithstanding any other provision of law, no agency of the United States Government may make extraordinary payments in connection with the International Space Station to the Russian Aviation and Space Agency, any organization or entity under the jurisdiction or control of the Russian Aviation and Space Agency, or any other organization, entity, or element of the Government of the Russian Federation, unless, during the fiscal year in which the extraordinary payments in connection with the International Space Station are to be made, the President has made the determination described in subsection (b), and reported such determination to the Committee on International Relations [now Committee on Foreign Affairs] and the Committee on Science [now Committee on Science, Space, and Technology] of the House of Representatives and the Committee on Foreign Relations and the Committee on Commerce, Science, and Transportation of the Senate.

(“(b) Determination Regarding Russian Cooperation in Preventing Proliferation Relating to Iran, North Korea, and Syria.— The determination referred to in subsection (a) is a determination by the President that— it is the policy of the Government of the Russian Federation to oppose the proliferation to or from Iran, North Korea, and Syria of weapons of mass destruction and missile systems capable of delivering such weapons; the Government of the Russian Federation (including the law enforcement, export promotion, export control, and intelligence agencies of such government) has demonstrated and continues to demonstrate a sustained commitment to seek out and prevent the transfer to or from Iran, North Korea, and Syria of goods, services, and technology that could make a material contribution to the development of nuclear, biological, or chemical weapons, or of ballistic or cruise missile systems; and neither the Russian Aviation and Space Agency, nor any organization or entity under the jurisdiction or control of the Russian Aviation and Space Agency, has, during the 1-year period prior to the date of the determination pursuant to this subsection, made transfers to or from Iran, North Korea, or Syria reportable under section 2(a) of this Act (other than transfers with respect to which a determination pursuant to section 5 has been or will be made).

(“(c) Prior Notification.— Not less than 5 days before making a determination under subsection (b), the President shall notify the Committee on International Relations [now Committee on Foreign Affairs] and the Committee on Science [now Committee on Science, Space, and Technology] of the House of Representatives and the Committee on Foreign Relations and the Committee on Commerce, Science, and Transportation of the Senate of his intention to make such determination.

(“(d) Written Justification.— A determination of the President under subsection (b) shall include a written justification describing in detail the facts and circumstances supporting the President’s conclusion.

(“(e) Submission in Classified Form.— When the President considers it appropriate, a determination of the President under subsection (b), a prior notification under subsection (c), and a written justification under subsection (d), or appropriate parts thereof, may be submitted in classified form.

(“(f) Exception for Crew Safety.— The National Aeronautics and Space Administration may make extraordinary payments that would otherwise be prohibited under this section to the Russian Aviation and Space Agency or any organization or entity under the jurisdiction or control of the Russian Aviation and Space Agency if the President has notified the Congress in writing that such payments are necessary to prevent the imminent loss of life by or grievous injury to individuals aboard the International Space Station. Not later than 30 days after notifying Congress that the National Aeronautics and Space Administration will make extraordinary payments under paragraph (1), the President shall submit to Congress a report describing— the extent to which the provisions of subsection (b) had been met as of the date of notification; and the measures that the National Aeronautics and Space Administration is taking to ensure that— the conditions posing a threat of imminent loss of life by or grievous injury to individuals aboard the International Space Station necessitating the extraordinary payments are not repeated; and it is no longer necessary to make extraordinary payments in order to prevent imminent loss of life by or grievous injury to individuals aboard the International Space Station.

(“(g) Service Module Exception.— The National Aeronautics and Space Administration may make extraordinary payments that would otherwise be prohibited under this section to the Russian Aviation and Space Agency, any organization or entity under the jurisdiction or control of the Russian Aviation and Space Agency, or any subcontractor thereof for the construction, testing, preparation, delivery, launch, or maintenance of the Service Module, and for the purchase (at a total cost not to exceed $14,000,000) of the pressure dome for the Interim Control Module and the Androgynous Peripheral Docking Adapter and related hardware for the United States propulsion module, if— the President has notified Congress at least 5 days before making such payments; no report has been made under section 2 with respect to an activity of the entity to receive such payment, and the President has no credible information of any activity that would require such a report; and the United States will receive goods or services of value to the United States commensurate with the value of the extraordinary payments made. For purposes of this subsection, the term ‘maintenance’ means activities which cannot be performed by the National Aeronautics and Space Administration and which must be performed in order for the Service Module to provide environmental control, life support, and orbital maintenance functions which cannot be performed by an alternative means at the time of payment. This subsection shall cease to be effective 60 days after a United States propulsion module is in place at the International Space Station.

(“(h) Exception.— Notwithstanding subsections (a) and (b), no agency of the United States Government may make extraordinary payments in connection with the International Space Station, or any other payments in connection with the International Space Station, to any foreign person subject to measures applied pursuant to— section 3 of this Act; or section 4 of Executive Order No. 12938 ( November 14, 1994 ), as amended by Executive Order No. 13094 ( July 28, 1998 ). Such payments shall also not be made to any other entity if the agency of the United States Government anticipates that such payments will be passed on to such a foreign person.

(“(i) Report on Certain Payments Related to International Space Station.— The President shall, together with each report submitted under section 2(a), submit to the Committee on Foreign Relations of the Senate and the Committee on International Relations [now Committee on Foreign Affairs] of the House of Representatives a report that identifies each Russian entity or person to whom the United States Government has, since the date of the enactment of the Iran Nonproliferation Amendments Act of 2005 [ Nov. 22, 2005 ], made a payment in cash or in kind for work to be performed or services to be rendered under the Agreement Concerning Cooperation on the Civil International Space Station, with annex, signed at Washington January 29, 1998 , and entered into force March 27, 2001 , or any protocol, agreement, memorandum of understanding, or contract related thereto. Each report submitted under paragraph (1) shall include— the specific purpose of each payment made to each entity or person identified in the report; and with respect to each such payment, the assessment of the President that the payment was not prejudicial to the achievement of the objectives of the United States Government to prevent the proliferation of ballistic or cruise missile systems in Iran and other countries that have repeatedly provided support for acts of international terrorism, as determined by the Secretary of State under section 620A(a) of the Foreign Assistance Act of 1961 ( 22 U.S.C. 2371(a) ), [former] section 6(j) of the Export Administration Act of 1979 (50 U.S.C. App. 2405(j)) [former 50 U.S.C. 4605(j) ], or section 40(d) of the Arms Export Control Act ( 22 U.S.C. 2780(d) ).

“SEC. 7 DEFINITIONS.

“For purposes of this Act, the following terms have the following meanings: The term ‘extraordinary payments in connection with the International Space Station’ means payments in cash or in kind made or to be made by the United States Government— for work on the International Space Station which the Russian Government pledged at any time to provide at its expense; or for work on the International Space Station not required to be made under the terms of a contract or other agreement that was in effect on January 1, 1999 , as those terms were in effect on such date, except that such term does not mean payments in cash or in kind made or to be made by the United States Government prior to December 31, 2030 , for work to be performed or services to be rendered prior to that date necessary to meet United States obligations under the Agreement Concerning Cooperation on the Civil International Space Station, with annex, signed at Washington January 29, 1998 , and entered into force March 27, 2001 , or any protocol, agreement, memorandum of understanding, or contract related thereto. The terms ‘foreign person’ and ‘person’ mean— a natural person that is an alien; a corporation, business association, partnership, society, trust, or any other nongovernmental entity, organization, or group, that is organized under the laws of a foreign country or has its principal place of business in a foreign country; any foreign government, including any foreign governmental entity; and any successor, subunit, or subsidiary of any entity described in subparagraph (A), (B), or (C), including any entity in which any entity described in any such subparagraph owns a controlling interest. The term ‘Executive Order No. 12938’ means Executive Order No. 12938 [listed in a table below] as in effect on January 1, 1999 . A government is an ‘adherent’ to a ‘relevant nonproliferation regime’ if that government— is a member of the Nuclear Suppliers Group with respect to a transfer of goods, services, or technology described in section 2(a)(1)(A); is a member of the Missile Technology Control Regime with respect to a transfer of goods, services, or technology described in section 2(a)(1)(B), or is a party to a binding international agreement with the United States that was in effect on January 1, 1999 , to control the transfer of such goods, services, or technology in accordance with the criteria and standards set forth in the Missile Technology Control Regime; is a member of the Australia Group with respect to a transfer of goods, services, or technology described in section 2(a)(1)(C); is a party to the Convention on the Prohibition of the Development, Production, Stockpiling and Use of Chemical Weapons and on Their Destruction with respect to a transfer of goods, services, or technology described in section 2(a)(1)(D); or is a member of the Wassenaar Arrangement with respect to a transfer of goods, services, or technology described in section 2(a)(1)(E). The term ‘organization or entity under the jurisdiction or control of the Russian Aviation and Space Agency’ means an organization or entity that— was made part of the Russian Space Agency upon its establishment on February 25, 1992 ; was transferred to the Russian Space Agency by decree of the Russian Government on July 25, 1994 , or May 12, 1998 ; was or is transferred to the Russian Aviation and Space Agency or Russian Space Agency by decree of the Russian Government at any other time before, on, or after the date of the enactment of this Act [ Mar. 14, 2000 ]; or is a joint stock company in which the Russian Aviation and Space Agency or Russian Space Agency has at any time held controlling interest. Any organization or entity described in subparagraph (A) shall be deemed to be under the jurisdiction or control of the Russian Aviation and Space Agency regardless of whether— such organization or entity, after being part of or transferred to the Russian Aviation and Space Agency or Russian Space Agency, is removed from or transferred out of the Russian Aviation and Space Agency or Russian Space Agency; or the Russian Aviation and Space Agency or Russian Space Agency, after holding a controlling interest in such organization or entity, divests its controlling interest.”

“SECTION 1 SHORT TITLE.

“This Act may be cited as the ‘Iran Sanctions Act of 1996’.

“SEC. 2 FINDINGS.

“The Congress makes the following findings: The efforts of the Government of Iran to acquire weapons of mass destruction and the means to deliver them and its support of acts of international terrorism endanger the national security and foreign policy interests of the United States and those countries with which the United States shares common strategic and foreign policy objectives. The objective of preventing the proliferation of weapons of mass destruction and acts of international terrorism through existing multilateral and bilateral initiatives requires additional efforts to deny Iran the financial means to sustain its nuclear, chemical, biological, and missile weapons programs. The Government of Iran uses its diplomatic facilities and quasi-governmental institutions outside of Iran to promote acts of international terrorism and assist its nuclear, chemical, biological, and missile weapons programs.

“SEC. 3 DECLARATION OF POLICY.

“The Congress declares that it is the policy of the United States to deny Iran the ability to support acts of international terrorism and to fund the development and acquisition of weapons of mass destruction and the means to deliver them by limiting the development of Iran’s ability to explore for, extract, refine, or transport by pipeline petroleum resources of Iran.

“SEC. 4 MULTILATERAL REGIME.

(“(a) Multilateral Negotiations.— In order to further the objectives of section 3, the Congress urges the President to commence immediately diplomatic efforts, both in appropriate international fora such as the United Nations, and bilaterally with allies of the United States, to establish a multilateral sanctions regime against Iran, including provisions limiting the development of petroleum resources, that will inhibit Iran’s efforts to carry out activities described in section 2.

(“(b) Reports to Congress.— The President shall report to the appropriate congressional committees, not later than 1 year after the date of the enactment of this Act [ Aug. 5, 1996 ], and periodically thereafter, on the extent that diplomatic efforts described in subsection (a) have been successful. Each report shall include— the countries that have agreed to undertake measures to further the objectives of section 3 with respect to Iran, and a description of those measures; and the countries that have not agreed to measures described in paragraph (1), and, with respect to those countries, other measures the President recommends that the United States take to further the objectives of section 3 with respect to Iran.

(“(c) Waiver.— The President may, on a case by case basis, waive for a period of not more than six months the application of section 5(a) with respect to a national of a country, if the President certifies to the appropriate congressional committees at least 30 days before such waiver is to take effect that such waiver is vital to the national security interests of the United States. The President may, on a case by case basis, waive for a period of not more than 12 months the application of section 5(a) with respect to a person if the President, at least 30 days before the waiver is to take effect— certifies to the appropriate congressional committees that— the government with primary jurisdiction over the person is closely cooperating with the United States in multilateral efforts to prevent Iran from— acquiring or developing chemical, biological, or nuclear weapons or related technologies; or acquiring or developing destabilizing numbers and types of advanced conventional weapons; and such a waiver is vital to the national security interests of the United States; and submits to the appropriate congressional committees a report identifying— the person with respect to which the President waives the application of sanctions; and the actions taken by the government described in clause (i)(I) to cooperate in multilateral efforts described in that clause. At the conclusion of the period of a waiver under subparagraph (A) or (B) of paragraph (1), the President may renew the waiver— if the President determines, in accordance with subparagraph (A) or (B) of that paragraph (as the case may be), that the waiver is appropriate; and in the case of a waiver under subparagraph (A) of paragraph (1), for subsequent periods of not more than six months each; and in the case of a waiver under subparagraph (B) of paragraph (1), for subsequent periods of not more than 12 months each.

(“(d) Interim Report on Multilateral Sanctions; Monitoring.— The President, not later than 90 days after the date of the enactment of this Act, shall report to the appropriate congressional committees on— whether the member states of the European Union, the Republic of Korea, Australia, Israel, or Japan have legislative or administrative standards providing for the imposition of trade sanctions on persons or their affiliates doing business or having investments in Iran or Libya; the extent and duration of each instance of the application of such sanctions; and the disposition of any decision with respect to such sanctions by the World Trade Organization or its predecessor organization.

(“(e) Investigations.— The President shall initiate an investigation into the possible imposition of sanctions under section 5(a) against a person upon receipt by the United States of credible information indicating that such person is engaged in an activity described in such section. Not later than 180 days after an investigation is initiated in accordance with paragraph (1), the President shall (unless paragraph (3) applies) determine, pursuant to section 5(a), if a person has engaged in an activity described in such section and shall notify the appropriate congressional committees of the basis for any such determination. The President need not initiate an investigation, and may terminate an investigation, under this subsection if the President certifies in writing to the appropriate congressional committees that— the person whose activity was the basis for the investigation is no longer engaging in the activity or has taken significant verifiable steps toward stopping the activity; and the President has received reliable assurances that the person will not knowingly engage in an activity described in section 5(a) in the future.

(“(f) Briefings on Implementation.— Not later than 90 days after the date of the enactment of the Iran Threat Reduction and Syria Human Rights Act of 2012 [ Aug. 10, 2012 ], and every 120 days thereafter, the President, acting through the Secretary of State, shall provide to the appropriate congressional committees a comprehensive briefing on efforts to implement this Act.

“SEC. 5 IMPOSITION OF SANCTIONS.

(“(a) Sanctions Relating to the Energy Sector of Iran.— Except as provided in subsection (f), the President shall impose 5 or more of the sanctions described in section 6(a) with respect to a person if the President determines that the person knowingly, on or after the date of the enactment of the Iran Threat Reduction and Syria Human Rights Act of 2012 [ Aug. 10, 2012 ]— makes an investment described in subparagraph (B) of $20,000,000ormore;ormakesacombinationofinvestmentsdescribedinsubparagraph(B)ina12-monthperiodifeachsuchinvestmentisofatleast$5,000,000 and such investments equal or exceed $20,000,000intheaggregate.AninvestmentdescribedinthissubparagraphisaninvestmentthatdirectlyandsignificantlycontributestotheenhancementofIran’sabilitytodeveloppetroleumresources.Exceptasprovidedinsubsection(f),thePresidentshallimpose5ormoreofthesanctionsdescribedinsection6(a)withrespecttoapersonifthePresidentdeterminesthatthepersonknowingly,onorafterthedateoftheenactmentoftheIranThreatReductionandSyriaHumanRightsActof2012[Aug.10,2012],sells,leases,orprovidestoIrangoods,services,technology,information,orsupportdescribedinsubparagraph(B)—anyofwhichhasafairmarketvalueof$1,000,000 or more; or that, during a 12-month period, have an aggregate fair market value of $5,000,000ormore.Goods,services,technology,information,orsupportdescribedinthissubparagrapharegoods,services,technology,information,orsupportthatcoulddirectlyandsignificantlyfacilitatethemaintenanceorexpansionofIran’sdomesticproductionofrefinedpetroleumproducts,includinganydirectandsignificantassistancewithrespecttotheconstruction,modernization,orrepairofpetroleumrefineriesordirectlyassociatedinfrastructure,includingconstructionofportfacilities,railways,androads,theprimaryuseofwhichistosupportthedeliveryofrefinedpetroleumproducts.Exceptasprovidedinsubsection(f),thePresidentshallimpose5ormoreofthesanctionsdescribedinsection6(a)withrespecttoapersonifthePresidentdeterminesthatthepersonknowingly,onorafterthedateoftheenactmentoftheIranThreatReductionandSyriaHumanRightsActof2012[Aug.10,2012]—sellsorprovidestoIranrefinedpetroleumproducts—thathaveafairmarketvalueof$1,000,000 or more; or that, during a 12-month period, have an aggregate fair market value of $5,000,000ormore;orsells,leases,orprovidestoIrangoods,services,technology,information,orsupportdescribedinsubparagraph(B)—anyofwhichhasafairmarketvalueof$1,000,000 or more; or that, during a 12-month period, have an aggregate fair market value of $5,000,000ormore.Goods,services,technology,information,orsupportdescribedinthissubparagrapharegoods,services,technology,information,orsupportthatcoulddirectlyandsignificantlycontributetotheenhancementofIran’sabilitytoimportrefinedpetroleumproducts,including—exceptasprovidedinsubparagraph(C),underwritingorenteringintoacontracttoprovideinsuranceorreinsuranceforthesale,lease,orprovisionofsuchgoods,services,technology,information,orsupport;financingorbrokeringsuchsale,lease,orprovision;providingshipsorshippingservicestodeliverrefinedpetroleumproductstoIran;barteringorcontractingbywhichgoodsareexchangedforgoods,includingtheinsuranceorreinsuranceofsuchexchanges;orpurchasing,subscribingto,orfacilitatingtheissuanceofsovereigndebtoftheGovernmentofIran,includinggovernmentalbonds,issuedonorafterthedateoftheenactmentoftheIranThreatReductionandSyriaHumanRightsActof2012.ThePresidentmaynotimposesanctionsunderthisparagraphwithrespecttoapersonthatprovidesunderwritingservicesorinsuranceorreinsuranceifthePresidentdeterminesthatthepersonhasexercisedduediligenceinestablishingandenforcingofficialpolicies,procedures,andcontrolstoensurethatthepersondoesnotunderwriteorenterintoacontracttoprovideinsuranceorreinsuranceforthesale,lease,orprovisionofgoods,services,technology,information,orsupportdescribedinsubparagraph(B).Exceptasprovidedinsubparagraph(B)orsubsection(f),thePresidentshallimpose5ormoreofthesanctionsdescribedinsection6(a)withrespecttoapersonifthePresidentdeterminesthatthepersonknowinglyparticipates,onorafterthedateoftheenactmentoftheIranThreatReductionandSyriaHumanRightsActof2012[Aug.10,2012],inajointventurewithrespecttothedevelopmentofpetroleumresourcesoutsideofIranif—thejointventureisestablishedonorafterJanuary1,2002;andtheGovernmentofIranisasubstantialpartnerorinvestorinthejointventure;orIrancould,throughadirectoperationalroleinthejointventureorbyothermeans,receivetechnologicalknowledgeorequipmentnotpreviouslyavailabletoIranthatcoulddirectlyandsignificantlycontributetotheenhancementofIran’sabilitytodeveloppetroleumresourcesinIran.Subparagraph(A)shallnotapplywithrespecttoparticipationinajointventureestablishedonorafterJanuary1,2002,andbeforethedateoftheenactmentoftheIranThreatReductionandSyriaHumanRightsActof2012,ifthepersonparticipatinginthejointventureterminatesthatparticipationnotlaterthanthedatethatis180daysaftersuchdateofenactment.Exceptasprovidedinsubsection(f),thePresidentshallimpose5ormoreofthesanctionsdescribedinsection6(a)withrespecttoapersonifthePresidentdeterminesthatthepersonknowingly,onorafterthedateoftheenactmentoftheIranThreatReductionandSyriaHumanRightsActof2012[Aug.10,2012],sells,leases,orprovidestoIrangoods,services,technology,orsupportdescribedinsubparagraph(B)—anyofwhichhasafairmarketvalueof$1,000,000 or more; or that, during a 12-month period, have an aggregate fair market value of $5,000,000ormore.Goods,services,technology,orsupportdescribedinthissubparagrapharegoods,services,technology,orsupportthatcoulddirectlyandsignificantlycontributetothemaintenanceorenhancementofIran’s—abilitytodeveloppetroleumresourceslocatedinIran;ordomesticproductionofrefinedpetroleumproducts,includinganydirectandsignificantassistancewithrespecttotheconstruction,modernization,orrepairofpetroleumrefineriesordirectlyassociatedinfrastructure,includingconstructionofportfacilities,railways,androads,theprimaryuseofwhichistosupportthedeliveryofrefinedpetroleumproducts.Exceptasprovidedinsubsection(f),thePresidentshallimpose5ormoreofthesanctionsdescribedinsection6(a)withrespecttoapersonifthePresidentdeterminesthatthepersonknowingly,onorafterthedateoftheenactmentoftheIranThreatReductionandSyriaHumanRightsActof2012[Aug.10,2012],sells,leases,orprovidestoIrangoods,services,technology,orsupportdescribedinsubparagraph(B)—anyofwhichhasafairmarketvalueof$250,000 or more; or that, during a 12-month period, have an aggregate fair market value of $1,000,000 or more. Goods, services, technology, or support described in this subparagraph are goods, services, technology, or support that could directly and significantly contribute to the maintenance or expansion of Iran’s domestic production of petrochemical products. Except as provided in subsection (f), the President shall impose 5 or more of the sanctions described in section 6(a) with respect to a person if the President determines that— the person is a controlling beneficial owner of, or otherwise owns, operates, or controls, or insures, a vessel that, on or after the date that is 90 days after the date of the enactment of the Iran Threat Reduction and Syria Human Rights Act of 2012 [ Aug. 10, 2012 ], was used to transport crude oil from Iran to another country; and in the case of a person that is a controlling beneficial owner of the vessel, the person had actual knowledge the vessel was so used; or in the case of a person that otherwise owns, operates, or controls, or insures, the vessel, the person knew or should have known the vessel was so used. Except as provided in clause (ii), subparagraph (A) shall apply with respect to the transportation of crude oil from Iran only if a determination of the President under section 1245(d)(4)(B) of the National Defense Authorization Act for Fiscal Year 2012 ( 22 U.S.C. 8513a(d)(4)(B) ) 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 transportation of the crude oil. Subparagraph (A) shall not apply with respect to the transportation of crude oil from Iran to a country to which the exception under paragraph (4)(D) of section 1245(d) of the National Defense Authorization Act for Fiscal Year 2012 ( 22 U.S.C. 8513a(d) ) to the imposition of sanctions under paragraph (1) of that section applies at the time of the transportation of the crude oil. Except as provided in subsection (f), the President shall impose 5 or more of the sanctions described in section 6(a) with respect to a person if the President determines that the person is a controlling beneficial owner, or otherwise owns, operates, or controls, a vessel that, on or after the date that is 90 days after the date of the enactment of the Iran Threat Reduction and Syria Human Rights Act of 2012 [ Aug. 10, 2012 ], is used, with actual knowledge in the case of a person that is a controlling beneficial owner or knowingly in the case of a person that otherwise owns, operates, or controls the vessel, in a manner that conceals the Iranian origin of crude oil or refined petroleum products transported on the vessel, including by— permitting the operator of the vessel to suspend the operation of the vessel’s satellite tracking device; or obscuring or concealing the ownership, operation, or control of the vessel by— the Government of Iran; the National Iranian Tanker Company or the Islamic Republic of Iran Shipping Lines; or any other entity determined by the President to be owned or controlled by the Government of Iran or an entity specified in subclause (II). Subject to such regulations as the President may prescribe and in addition to the sanctions imposed under subparagraph (A), the President may prohibit a vessel owned, operated, or controlled by a person, including a controlling beneficial owner, with respect to which the President has imposed sanctions under that subparagraph and that was used for the activity for which the President imposed those sanctions from landing at a port in the United States for a period of not more than 2 years after the date on which the President imposed those sanctions. For purposes of subparagraph (A)(ii), a person shall be deemed to have actual knowledge that a vessel is owned, operated, or controlled by the Government of Iran or an entity specified in subclause (II) or (III) of subparagraph (A)(ii) if the International Maritime Organization vessel registration identification for the vessel is— included on a list of specially designated nationals and blocked persons maintained by the Office of Foreign Assets Control of the Department of the Treasury for activities with respect to Iran; and identified by the Office of Foreign Assets Control as a vessel in which the Government of Iran or any entity specified in subclause (II) or (III) of subparagraph (A)(ii) has an interest. For purposes of subparagraph (A), the term ‘Iranian origin’ means— with respect to crude oil, that the crude oil was extracted in Iran; and with respect to a refined petroleum product, that the refined petroleum product was produced or refined in Iran. The President may not impose sanctions under paragraph (7) or (8) with respect to a person that provides underwriting services or insurance or reinsurance if the President determines that the person has exercised due diligence in establishing and enforcing official policies, procedures, and controls to ensure that the person does not provide underwriting services or insurance or reinsurance for the transportation of crude oil or refined petroleum products from Iran in a manner for which sanctions may be imposed under either such paragraph.

(“(b) Mandatory Sanctions With Respect to Development of Weapons of Mass Destruction or Other Military Capabilities.— Except as provided in subsection (f), the President shall impose 5 or more of the sanctions described in section 6(a) with respect to a person if the President determines that the person— on or after the date of the enactment of the Iran Threat Reduction and Syria Human Rights Act of 2012 [ Aug. 10, 2012 ], exported or transferred, or permitted or otherwise facilitated the transshipment of, any goods, services, technology, or other items to any other person; and knew or should have known that— the export, transfer, or transshipment of the goods, services, technology, or other items would likely result in another person exporting, transferring, transshipping, or otherwise providing the goods, services, technology, or other items to Iran; and the export, transfer, transshipment, or other provision of the goods, services, technology, or other items to Iran would contribute materially to the ability of Iran to— acquire or develop chemical, biological, or nuclear weapons or related technologies; or acquire or develop destabilizing numbers and types of advanced conventional weapons. Except as provided in subparagraph (B) or subsection (f), the President shall impose 5 or more of the sanctions described in section 6(a) with respect to a person if the President determines that the person knowingly participated, on or after the date of the enactment of the Iran Threat Reduction and Syria Human Rights Act of 2012 [ Aug. 10, 2012 ], in a joint venture that involves any activity relating to the mining, production, or transportation of uranium— established on or after February 2, 2012 ; and with— the Government of Iran; an entity incorporated in Iran or subject to the jurisdiction of the Government of Iran; or a person acting on behalf of or at the direction of, or owned or controlled by, the Government of Iran or an entity described in item (bb); or established before February 2, 2012 ; with the Government of Iran, an entity described in item (bb) of clause (i)(II), or a person described in item (cc) of that clause; and through which— uranium is transferred directly to Iran or indirectly to Iran through a third country; the Government of Iran receives significant revenue; or Iran could, through a direct operational role or by other means, receive technological knowledge or equipment not previously available to Iran that could contribute materially to the ability of Iran to develop nuclear weapons or related technologies. Subparagraph (A) shall not apply with respect to participation in a joint venture established before the date of the enactment of the Iran Threat Reduction and Syria Human Rights Act of 2012 if the person participating in the joint venture terminates that participation not later than the date that is 180 days after such date of enactment. Except as provided in subparagraphs (B) and (C), in any case in which a person is subject to sanctions under paragraph (1) or (2) because of an activity described in that paragraph that relates to the acquisition or development of nuclear weapons or related technology or of missiles or advanced conventional weapons that are designed or modified to deliver a nuclear weapon, no license may be issued for the export, and no approval may be given for the transfer or retransfer, directly or indirectly, to the country the government of which has primary jurisdiction over the person, of any nuclear material, facilities, components, or other goods, services, or technology that are or would be subject to an agreement for cooperation between the United States and that government. The sanctions described in subparagraph (A) shall not apply with respect to a country the government of which has primary jurisdiction over a person that engages in an activity described in that subparagraph if the President determines and notifies the appropriate congressional committees that the government of the country— does not know or have reason to know about the activity; or has taken, or is taking, all reasonable steps necessary to prevent a recurrence of the activity and to penalize the person for the activity. Notwithstanding subparagraph (A), the President may, on a case-by-case basis, approve the issuance of a license for the export, or approve the transfer or retransfer, of any nuclear material, facilities, components, or other goods, services, or technology that are or would be subject to an agreement for cooperation, to a person in a country to which subparagraph (A) applies (other than a person that is subject to the sanctions under paragraph (1) or (2)) if the President— determines that such approval is vital to the national security interests of the United States; and not later than 15 days before issuing such license or approving such transfer or retransfer, submits to the Committee on Foreign Affairs of the House of Representatives and the Committee on Foreign Relations of the Senate the justification for approving such license, transfer, or retransfer. The restrictions in subparagraph (A) shall apply in addition to all other applicable procedures, requirements, and restrictions contained in the Atomic Energy Act of 1954 [ 42 U.S.C. 2011 et seq.] and other related laws. In this paragraph, the term ‘agreement for cooperation’ has the meaning given that term in section 11 b. of the Atomic Energy Act of 1954 ( 42 U.S.C. 2014(b) ). The sanctions under subparagraph (A) shall apply only in a case in which a person is subject to sanctions under paragraph (1) or (2) because of an activity described in paragraph (1) or (2), as the case may be[,] in which the person engages on or after the date of the enactment of the Iran Threat Reduction and Syria Human Rights Act of 2012 [ Aug. 10, 2012 ].

(“(c) Persons Against Which the Sanctions Are To Be Imposed.— The sanctions described in subsection (a) and paragraphs (1) and (2) of subsection (b) shall be imposed on— any person the President determines has carried out the activities described in subsection (a) or paragraph (1) or (2) of subsection (b); and any person that— is a successor entity to the person referred to in paragraph (1); owns or controls the person referred to in paragraph (1), if the person that owns or controls the person referred to in paragraph (1) had actual knowledge or should have known that the person referred to in paragraph (1) engaged in the activities referred to in that paragraph; or is owned or controlled by, or under common ownership or control with, the person referred to in paragraph (1), if the person owned or controlled by, or under common ownership or control with (as the case may be), the person referred to in paragraph (1) knowingly engaged in the activities referred to in that paragraph. For purposes of this Act, any person or entity described in this subsection shall be referred to as a ‘sanctioned person’.

(“(d) Publication in Federal Register.— The President shall cause to be published in the Federal Register a current list of persons and entities on whom sanctions have been imposed under this Act. The removal of persons or entities from, and the addition of persons and entities to, the list, shall also be so published.

(“(e) Publication of Projects.— The President shall cause to be published in the Federal Register a list of all significant projects which have been publicly tendered in the oil and gas sector in Iran.

(“(f) Exceptions.— The President shall not be required to apply or maintain the sanctions under subsection (a) or paragraph (1) or (2) of subsection (b)— in the case of procurement of defense articles or defense services— under existing contracts or subcontracts, including the exercise of options for production quantities to satisfy requirements essential to the national security of the United States; if the President determines in writing that the person to which the sanctions would otherwise be applied is a sole source supplier of the defense articles or services, that the defense articles or services are essential, and that alternative sources are not readily or reasonably available; or if the President determines in writing that such articles or services are essential to the national security under defense coproduction agreements; in the case of procurement, to eligible products, as defined in section 308(4) of the Trade Agreements Act of 1979 ( 19 U.S.C. 2518(4) ), of any foreign country or instrumentality designated under section 301(b) of that Act ( 19 U.S.C. 2511(b) ); to products, technology, or services provided under contracts entered into before the date on which the President publishes in the Federal Register the name of the person on whom the sanctions are to be imposed; to— spare parts which are essential to United States products or production; component parts, but not finished products, essential to United States products or production; or routine servicing and maintenance of products, to the extent that alternative sources are not readily or reasonably available; to information and technology essential to United States products or production; or to medicines, medical supplies, or other humanitarian items.

“SEC. 6 DESCRIPTION OF SANCTIONS.

(“(a) In General.— The sanctions to be imposed on a sanctioned person under section 5 are as follows: The President may direct the Export-Import Bank of the United States not to give approval to the issuance of any guarantee, insurance, extension of credit, or participation in the extension of credit in connection with the export of any goods or services to any sanctioned person. The President may order the United States Government not to issue any specific license and not to grant any other specific permission or authority to export any goods or technology to a sanctioned person under— the Export Administration Act of 1979 [ 50 U.S.C. 4601 et seq.]; the Arms Export Control Act [ 22 U.S.C. 2751 et seq.]; the Atomic Energy Act of 1954 [ 42 U.S.C. 2011 et seq.]; or any other statute that requires the prior review and approval of the United States Government as a condition for the export or reexport of goods or services. The United States Government may prohibit any United States financial institution from making loans or providing credits to any sanctioned person totaling more than $10,000,000 in any 12-month period unless such person is engaged in activities to relieve human suffering and the loans or credits are provided for such activities. The following prohibitions may be imposed against a sanctioned person that is a financial institution: Neither the Board of Governors of the Federal Reserve System nor the Federal Reserve Bank of New York may designate, or permit the continuation of any prior designation of, such financial institution as a primary dealer in United States Government debt instruments. Such financial institution may not serve as agent of the United States Government or serve as repository for United States Government funds. The imposition of either sanction under subparagraph (A) or (B) shall be treated as 1 sanction for purposes of section 5, and the imposition of both such sanctions shall be treated as 2 sanctions for purposes of section 5. The United States Government may not procure, or enter into any contract for the procurement of, any goods or services from a sanctioned person. The President may, pursuant to such regulations as the President may prescribe, prohibit any transactions in foreign exchange that are subject to the jurisdiction of the United States and in which the sanctioned person has any interest. The President may, pursuant to such regulations as the President may prescribe, prohibit any transfers of credit or payments between financial institutions or by, through, or to any financial institution, to the extent that such transfers or payments are subject to the jurisdiction of the United States and involve any interest of the sanctioned person. The President may, pursuant to such regulations as the President may prescribe, prohibit any person from— acquiring, holding, withholding, using, transferring, withdrawing, transporting, importing, or exporting any property that is subject to the jurisdiction of the United States and with respect to which the sanctioned person has any interest; dealing in or exercising any right, power, or privilege with respect to such property; or conducting any transaction involving such property. The President may, pursuant to such regulations or guidelines as the President may prescribe, prohibit any United States person from investing in or purchasing significant amounts of equity or debt instruments of a sanctioned person. The President may direct the Secretary of State to deny a visa to, and the Secretary of Homeland Security to exclude from the United States, any alien that the President determines is a corporate officer or principal of, or a shareholder with a controlling interest in, a sanctioned person. The President may impose on the principal executive officer or officers of any sanctioned person, or on persons performing similar functions and with similar authorities as such officer or officers, any of the sanctions under this subsection. The President may impose sanctions, as appropriate, to restrict imports with respect to a sanctioned person, in accordance with the International Emergency Economic Powers Act ( 50 U.S.C. 1701 and following).

(“(b) Additional Measure Relating to Government Contracts.— Not later than 90 days after the date of the enactment of the Comprehensive Iran Sanctions, Accountability, and Divestment Act of 2010 [ July 1, 2010 ], the Federal Acquisition Regulation shall be revised to require a certification from each person that is a prospective contractor that the person, and any person owned or controlled by the person, does not engage in any activity for which sanctions may be imposed under section 5. Not later than 120 days after the date of the enactment of the Iran Threat Reduction and Syria Human Rights Act of 2012 [ Aug. 10, 2012 ], the Federal Acquisition Regulation shall be revised to require a certification from each person that is a prospective contractor that the person, and any person owned or controlled by the person, does not knowingly engage in a significant transaction or transactions with Iran’s Revolutionary Guard Corps or any of its officials, agents, or affiliates the property and interests in property of which are blocked pursuant to the International Emergency Economic Powers Act ( 50 U.S.C. 1701 et seq.). If the head of an executive agency determines that a person has submitted a false certification under paragraph (1) on or after the date on which the applicable revision of the Federal Acquisition Regulation required by this subsection becomes effective, the head of that executive agency shall terminate a contract with such person or debar or suspend such person from eligibility for Federal contracts for a period of not less than 2 years. Any such debarment or suspension shall be subject to the procedures that apply to debarment and suspension under the Federal Acquisition Regulation under subpart 9.4 of part 9 of title 48, Code of Federal Regulations. The Administrator of General Services shall include on the List of Parties Excluded from Federal Procurement and Nonprocurement Programs maintained by the Administrator under part 9 of the Federal Acquisition Regulation each person that is debarred, suspended, or proposed for debarment or suspension by the head of an executive agency on the basis of a determination of a false certification under subparagraph (A). The remedies set forth in paragraph (2) shall not apply with respect to the procurement of eligible products, as defined in section 308(4) of the Trade Agreements Act of 1974 [1979] ( 19 U.S.C. 2518(4) ), of any foreign country or instrumentality designated under section 301(b) of that Act ( 19 U.S.C. 2511(b) ). This subsection shall not be construed to limit the use of other remedies available to the head of an executive agency or any other official of the Federal Government on the basis of a determination of a false certification under paragraph (1). The President may on a case-by-case basis waive the requirement that a person make a certification under paragraph (1) if the President determines and certifies in writing to the appropriate congressional committees, the Committee on Armed Services of the Senate, and the Committee on Armed Services of the House of Representatives, that it is essential to the national security interests of the United States to do so. In this subsection: The term ‘executive agency’ has the meaning given that term in section 133 of title 41 , United States Code. The term ‘Federal Acquisition Regulation’ means the regulation issued pursuant to section 1303(a)(1) of title 41 , United States Code. The revisions to the Federal Acquisition Regulation required under paragraph (1)(A) shall apply with respect to contracts for which solicitations are issued on or after the date that is 90 days after the date of the enactment of the Comprehensive Iran Sanctions, Accountability, and Divestment Act of 2010 [ July 1, 2010 ]. The revisions to the Federal Acquisition Regulation required under paragraph (1)(B) shall apply with respect to contracts for which solicitations are issued on or after the date that is 120 days after the date of the enactment of the Iran Threat Reduction and Syria Human Rights Act of 2012 [ Aug. 10, 2012 ].

“SEC. 7 ADVISORY OPINIONS.

“The Secretary of State may, upon the request of any person, issue an advisory opinion to that person as to whether a proposed activity by that person would subject that person to sanctions under this Act. Any person who relies in good faith on such an advisory opinion which states that the proposed activity would not subject a person to such sanctions, and any person who thereafter engages in such activity, will not be made subject to such sanctions on account of such activity.

“SEC. 8 TERMINATION OF SANCTIONS.

“The requirement under section 5(a) to impose sanctions shall no longer have force or effect with respect to Iran if the President determines and certifies to the appropriate congressional committees that Iran— has ceased its efforts to design, develop, manufacture, or acquire— a nuclear explosive device or related materials and technology; chemical and biological weapons; and ballistic missiles and ballistic missile launch technology; has been removed from the list of countries the governments of which have been determined, for purposes of [former] section 6(j) of the Export Administration Act of 1979 [former 50 U.S.C. 4605(j) ], to have repeatedly provided support for acts of international terrorism; and poses no significant threat to United States national security, interests, or allies.

“SEC. 9 DURATION OF SANCTIONS; PRESIDENTIAL WAIVER.

(“(a) Delay of Sanctions.— If the President makes a determination described in subsection (a) or paragraph (1) or (2) of subsection (b) of section 5 with respect to a foreign person, the Congress urges the President to initiate consultations immediately with the government with primary jurisdiction over that foreign person with respect to the imposition of sanctions under this Act. In order to pursue consultations under paragraph (1) with the government concerned, the President may delay imposition of sanctions under this Act for up to 90 days. Following such consultations, the President shall immediately impose sanctions unless the President determines and certifies to the Congress that the government has taken specific and effective actions, including, as appropriate, the imposition of appropriate penalties, to terminate the involvement of the foreign person in the activities that resulted in the determination by the President under subsection (a) or paragraph (1) or (2) of subsection (b) of section 5 concerning such person. The President may delay the imposition of sanctions for up to an additional 90 days if the President determines and certifies to the Congress that the government with primary jurisdiction over the person concerned is in the process of taking the actions described in paragraph (2). Not later than 90 days after making a determination under subsection (a) or paragraph (1) or (2) of subsection (b) of section 5, the President shall submit to the appropriate congressional committees a report on the status of consultations with the appropriate foreign government under this subsection, and the basis for any determination under paragraph (3).

(“(b) Duration of Sanctions.— A sanction imposed under section 5 shall remain in effect— for a period of not less than 2 years from the date on which it is imposed; or until such time as the President determines and certifies to the Congress that the person whose activities were the basis for imposing the sanction is no longer engaging in such activities and that the President has received reliable assurances that such person will not knowingly engage in such activities in the future, except that such sanction shall remain in effect for a period of at least 1 year.

(“(c) Presidential Waiver.— The President may waive, on a case-by-case basis and for a period of not more than one year, the requirement in section 5(a) to impose a sanction or sanctions on a person described in section 5(c), and may waive the continued imposition of a sanction or sanctions under subsection (b) of this section, 30 days or more after the President determines and so reports to the appropriate congressional committees that it is essential to the national security interests of the United States to exercise such waiver authority. The President may waive, on a case-by-case basis and for a period of not more than one year, the requirement in paragraph (1) or (2) of section 5(b) to impose a sanction or sanctions on a person described in section 5(c), and may waive the continued imposition of a sanction or sanctions under subsection (b) of this section, 30 days or more after the President determines and so reports to the appropriate congressional committees that it is vital to the national security interests of the United States to exercise such waiver authority. The President may renew, on a case-by-case basis, a waiver with respect to a person under subparagraph (A) or (B) for additional one-year periods if, not later than 30 days before the waiver expires, the President makes the determination and submits to the appropriate congressional committees the report described in subparagraph (A) or (B), as applicable. Any report under paragraph (1) shall provide a specific and detailed rationale for the determination under paragraph (1), including— a description of the conduct that resulted in the determination under subsection (a) or paragraph (1) or (2) of subsection (b) of section 5, as the case may be; in the case of a foreign person, an explanation of the efforts to secure the cooperation of the government with primary jurisdiction over the sanctioned person to terminate or, as appropriate, penalize the activities that resulted in the determination under subsection (a) or paragraph (1) or (2) of subsection (b) of section 5, as the case may be; an estimate of the significance of the conduct of the person in contributing to the ability of Iran to, as the case may be— develop petroleum resources, produce refined petroleum products, or import refined petroleum products; or acquire or develop— chemical, biological, or nuclear weapons or related technologies; or destabilizing numbers and types of advanced conventional weapons; and a statement as to the response of the United States in the event that the person concerned engages in other activities that would be subject to subsection (a) or paragraph (1) or (2) of subsection (b) of section 5. If the President makes a report under paragraph (1) with respect to a waiver of sanctions on a person described in section 5(c), sanctions need not be imposed under subsection (a) or paragraph (1) or (2) of subsection (b) of section 5 on that person during the 30-day period referred to in paragraph (1).

“SEC. 10 REPORTS REQUIRED.

(“(a) Report on Certain International Initiatives.— Not later than 6 months after the date of the enactment of this Act [ Aug. 5, 1996 ], and every 6 months thereafter, the President shall transmit a report to the appropriate congressional committees describing— the efforts of the President to mount a multilateral campaign to persuade all countries to pressure Iran to cease its nuclear, chemical, biological, and missile weapons programs and its support of acts of international terrorism; the efforts of the President to persuade other governments to ask Iran to reduce the presence of Iranian diplomats and representatives of other government and military or quasi-governmental institutions of Iran and to withdraw any such diplomats or representatives who participated in the takeover of the United States embassy in Tehran on November 4, 1979 , or the subsequent holding of United States hostages for 444 days; the extent to which the International Atomic Energy Agency has established regular inspections of all nuclear facilities in Iran, including those presently under construction; and Iran’s use of Iranian diplomats and representatives of other government and military or quasi-governmental institutions of Iran to promote acts of international terrorism or to develop or sustain Iran’s nuclear, chemical, biological, and missile weapons programs.

(“(b) Report on Effectiveness of Actions Under This Act.— Not earlier than 24 months, and not later than 30 months, after the date of the enactment of the ILSA Extension Act of 2001 [ Aug. 3, 2001 ], the President shall transmit to Congress a report that describes— the extent to which actions relating to trade taken pursuant to this Act— have been effective in achieving the objectives of section 3 and any other foreign policy or national security objectives of the United States with respect to Iran; and have affected humanitarian interests in Iran, the country in which the sanctioned person is located, or in other countries; and the impact of actions relating to trade taken pursuant to this Act on other national security, economic, and foreign policy interests of the United States, including relations with countries friendly to the United States, and on the United States economy. The President may include in the report the President’s recommendation on whether or not this Act should be terminated or modified.

(“(c) Other Reports.— The President shall ensure the continued transmittal to the Congress of reports describing— the nuclear and other military capabilities of Iran, as required by section 601(a) of the Nuclear Non-Proliferation Act of 1978 [ 22 U.S.C. 3281(a) ] and section 1607 of the National Defense Authorization Act for Fiscal Year 1993 [ Pub. L. 102–484 , set out below]; and the support provided by Iran for acts of international terrorism, as part of the Department of State’s annual report on international terrorism.

(“(d) Reports on Global Trade Relating to Iran.— Not later than 90 days after the date of the enactment of the Comprehensive Iran Sanctions, Accountability, and Divestment Act of 2010 [ July 1, 2010 ], and annually thereafter, the President shall submit to the appropriate congressional committees a report, with respect to the most recent 12-month period for which data are available, on the dollar value amount of trade, including in the energy sector, between Iran and each country maintaining membership in the Group of 20 Finance Ministers and Central Bank Governors.

“SEC. 11 DETERMINATIONS NOT REVIEWABLE.

“A determination to impose sanctions under this Act shall not be reviewable in any court.

“SEC. 12 EXCLUSION OF CERTAIN ACTIVITIES.

“Nothing in this Act shall apply to any activities subject to the reporting requirements of title V of the National Security Act of 1947 [ 50 U.S.C. 3091 et seq.].

“SEC. 13 EFFECTIVE DATE; SUNSET.

(“(a) Effective Date.— This Act shall take effect on the date of the enactment of this Act [ Aug. 5, 1996 ].

(“(b) Sunset.— This Act shall cease to be effective on December 31, 2026 .

“SEC. 14 DEFINITIONS.

“As used in this Act: The term ‘act of international terrorism’ means an act— which is violent or dangerous to human life and that is a violation of the criminal laws of the United States or of any State or that would be a criminal violation if committed within the jurisdiction of the United States or any State; and which appears to be intended— to intimidate or coerce a civilian population; to influence the policy of a government by intimidation or coercion; or to affect the conduct of a government by assassination or kidnapping. The term ‘appropriate congressional committees’ means the Committee on Finance, the Committee on Banking, Housing, and Urban Affairs, and the Committee on Foreign Relations of the Senate and the Committee on Ways and Means, the Committee on Financial Services, and the Committee on Foreign Affairs of the House of Representatives. The term ‘component part’ has the meaning given that term in section 11A(e)(1) of the Export Administration Act of 1979 (50 U.S.C. App. 2410a(e)(1)) [now 50 U.S.C. 4611(e)(1) ]. The term ‘credible information’, with respect to a person— includes— a public announcement by the person that the person has engaged in an activity described in subsection (a) or (b) of section 5; and information set forth in a report to stockholders of the person indicating that the person has engaged in such an activity; and may include, in the discretion of the President— an announcement by the Government of Iran that the person has engaged in such an activity; or information indicating that the person has engaged in such an activity that is set forth in— a report of the Government Accountability Office, the Energy Information Administration, or the Congressional Research Service; or a report or publication of a similarly reputable governmental organization or trade or industry organization. To ‘develop’, or the ‘development’ of, petroleum resources means the exploration for, or the extraction, refining, or transportation by pipeline of, petroleum resources. The term ‘financial institution’ includes— a depository institution (as defined in section 3(c)(1) of the Federal Deposit Insurance Act [ 12 U.S.C. 1813(c)(1) ]), including a branch or agency of a foreign bank (as defined in section 1(b)(7) of the International Banking Act of 1978 [ 12 U.S.C. 3101(b)(7) ]); a credit union; a securities firm, including a broker or dealer; an insurance company, including an agency or underwriter; and any other company that provides financial services. The term ‘finished product’ has the meaning given that term in section 11A(e)(2) of the Export Administration Act of 1979 (50 U.S.C. App. 2410a(e)(2)) [now 50 U.S.C. 4611(e)(2) ]. The term ‘foreign person’ means— an individual who is not a United States person or an alien lawfully admitted for permanent residence into the United States; or a corporation, partnership, or other nongovernmental entity which is not a United States person. The terms ‘goods’ and ‘technology’ have the meanings given those terms in [former] section 16 of the Export Administration Act of 1979 (50 U.S.C. App. 2415) [former 50 U.S.C. 4618 ]. The term ‘investment’ means any of the following activities if such activity is undertaken pursuant to an agreement, or pursuant to the exercise of rights under such an agreement, that is entered into with the Government of Iran or a nongovernmental entity in Iran on or after the date of the enactment of this Act [ Aug. 5, 1996 ]: The entry into a contract that includes responsibility for the development of petroleum resources located in Iran, or the entry into a contract providing for the general supervision and guarantee of another person’s performance of such a contract. The purchase of a share of ownership, including an equity interest, in that development. The entry into a contract providing for the participation in royalties, earnings, or profits in that development, without regard to the form of the participation. For purposes of this paragraph, an amendment or other modification that is made, on or after June 13, 2001 , to an agreement or contract shall be treated as the entry of an agreement or contract. The term ‘Iran’ includes any agency or instrumentality of Iran. The term ‘Iranian diplomats and representatives of other government and military or quasi-governmental institutions of Iran’ includes employees, representatives, or affiliates of Iran’s— Foreign Ministry; Ministry of Intelligence and Security; Revolutionary Guard Corps; Crusade for Reconstruction; Qods (Jerusalem) Forces; Interior Ministry; Foundation for the Oppressed and Disabled; Prophet’s Foundation; June 5th Foundation; Martyr’s Foundation; Islamic Propagation Organization; and Ministry of Islamic Guidance. 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 ‘nuclear explosive device’ means any device, whether assembled or disassembled, that is designed to produce an instantaneous release of an amount of nuclear energy from special nuclear material (as defined in section 11(aa) of the Atomic Energy Act of 1954 [ 42 U.S.C. 2014(aa) ]) that is greater than the amount of energy that would be released from the detonation of one pound of trinitrotoluene (TNT). The term ‘person’ means— a natural person; a corporation, business association, partnership, society, trust, financial institution, insurer, underwriter, guarantor, and any other business organization, any other nongovernmental entity, organization, or group, and any governmental entity operating as a business enterprise; and any successor to any entity described in clause (ii). The term ‘person’ does not include a government or governmental entity that is not operating as a business enterprise. The term ‘petrochemical product’ includes any aromatic, olefin, or synthesis gas, and any derivative of such a gas, including ethylene, propylene, butadiene, benzene, toluene, xylene, ammonia, methanol, and urea. The term ‘petroleum resources’ includes petroleum, refined petroleum products, oil or liquefied natural gas, natural gas resources, oil or liquefied natural gas tankers, and products used to construct or maintain pipelines used to transport oil or liquefied natural gas. The term ‘refined petroleum products’ means diesel, gasoline, jet fuel (including naphtha-type and kerosene-type jet fuel), and aviation gasoline. The term ‘services’ includes software, hardware, financial, professional consulting, engineering, and specialized energy information services, energy-related technical assistance, and maintenance and repairs. The term ‘United States’ or ‘State’ means 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 of the United States or who owes permanent allegiance to the United States; and a corporation or other legal entity which is organized under the laws of the United States, any State or territory thereof, or the District of Columbia, if natural persons described in subparagraph (A) own, directly or indirectly, more than 50 percent of the outstanding capital stock or other beneficial interest in such legal entity.”

“SEC. 1601 SHORT TITLE.

“This title may be cited as the ‘Iran-Iraq Arms Non-Proliferation Act of 1992’.

“SEC. 1602 UNITED STATES POLICY.

(“(a) In General.— It shall be the policy of the United States to oppose, and urgently to seek the agreement of other nations also to oppose, any transfer to Iran or Iraq of any goods or technology, including dual-use goods or technology, wherever that transfer could materially contribute to either country’s acquiring chemical, biological, nuclear, or destabilizing numbers and types of advanced conventional weapons.

(“(b) Sanctions.— In the furtherance of this policy, the President shall apply sanctions and controls with respect to Iran, Iraq, and those nations and persons who assist them in acquiring weapons of mass destruction in accordance with the Foreign Assistance Act of 1961 [ 22 U.S.C. 2151 et seq.], the Nuclear Non-Proliferation Act of 1978 [ 22 U.S.C. 3201 et seq.], the Chemical and Biological Weapons Control and Warfare Elimination Act of 1991 [ 22 U.S.C. 5601 et seq.], chapter 7 of the Arms Export Control Act [ 22 U.S.C. 2797 et seq.], and other relevant statutes, regarding the non-proliferation of weapons of mass destruction and the means of their delivery. The President should also urgently seek the agreement of other nations to adopt and institute, at the earliest practicable date, sanctions and controls comparable to those the United States is obligated to apply under this subsection.

(“(c) Public Identification.— The Congress calls on the President to identify publicly (in the report required by section 1607) any country or person that transfers goods or technology to Iran or Iraq contrary to the policy set forth in subsection (a).

“SEC. 1603 APPLICATION TO IRAN OF CERTAIN IRAQ SANCTIONS.

“The sanctions against Iraq specified in paragraphs (1) through (4) of section 586G(a) of the Iraq Sanctions Act of 1990 (as contained in Public Law 101–513 ) [set out below], including denial of export licenses for United States persons and prohibitions on United States Government sales, shall be applied to the same extent and in the same manner with respect to Iran.

“SEC. 1604 SANCTIONS AGAINST CERTAIN PERSONS.

(“(a) Prohibition.— If any person transfers or retransfers goods or technology so as to contribute knowingly and materially to the efforts by Iran or Iraq (or any agency or instrumentality of either such country) to acquire chemical, biological, or nuclear weapons or to acquire destabilizing numbers and types of advanced conventional weapons, then the sanctions described in subsection (b) shall be imposed.

(“(b) Mandatory Sanctions.— The sanctions to be imposed pursuant to subsection (a) are as follows: For a period of two years, the United States Government shall not procure, or enter into any contract for the procurement of, any goods or services from the sanctioned person. For a period of two years, the United States Government shall not issue any license for any export by or to the sanctioned person.

“SEC. 1605 SANCTIONS AGAINST CERTAIN FOREIGN COUNTRIES.

(“(a) Prohibition.— If the President determines that the government of any foreign country transfers or retransfers goods or technology so as to contribute knowingly and materially to the efforts by Iran or Iraq (or any agency or instrumentality of either such country) to acquire chemical, biological, or nuclear weapons or to acquire destabilizing numbers and types of advanced conventional weapons, then— the sanctions described in subsection (b) shall be imposed on such country; and in addition, the President may apply, in the discretion of the President, the sanction described in subsection (c).

(“(b) Mandatory Sanctions.— Except as provided in paragraph (2), the sanctions to be imposed pursuant to subsection (a)(1) are as follows: The United States Government shall suspend, for a period of one year, United States assistance to the sanctioned country. The Secretary of the Treasury shall instruct the United States Executive Director to each appropriate international financial institution to oppose, and vote against, for a period of one year, the extension by such institution of any loan or financial or technical assistance to the sanctioned country. The United States shall suspend, for a period of one year, compliance with its obligations under any memorandum of understanding with the sanctioned country for the codevelopment or coproduction of any item on the United States Munitions List (established under section 38 of the Arms Export Control Act [ 22 U.S.C. 2778 ]), including any obligation for implementation of the memorandum of understanding through the sale to the sanctioned country of technical data or assistance or the licensing for export to the sanctioned country of any component part. The United States shall suspend, for a period of one year, compliance with its obligations under any technical exchange agreement involving military and dual-use technology between the United States and the sanctioned country that does not directly contribute to the security of the United States, and no military or dual-use technology may be exported from the United States to the sanctioned country pursuant to that agreement during that period. No item on the United States Munitions List (established pursuant to section 38 of the Arms Export Control Act) may be exported to the sanctioned country for a period of one year.

(“(c) Discretionary Sanction.— The sanction referred to in subsection (a)(2) is as follows: Except as provided in paragraph (2), the President may exercise, in accordance with the provisions of that Act [ 50 U.S.C. 1701 et seq.], the authorities of the International Emergency Economic Powers Act with respect to the sanctioned country. Paragraph (1) does not apply with respect to urgent humanitarian assistance.

“SEC. 1606 WAIVER.

“The President may waive the requirement to impose a sanction described in section 1603, in the case of Iran, or a sanction described in section 1604(b) or 1605(b), in the case of Iraq and Iran, 15 days after the President determines and so reports to the Committees on Armed Services and Foreign Relations of the Senate and the Committees on Armed Services and Foreign Affairs of the House of Representatives that it is essential to the national interest of the United States to exercise such waiver authority. Any such report shall provide a specific and detailed rationale for such determination.

“SEC. 1607 REPORTING REQUIREMENT.

(“[(a) Repealed. Pub. L. 107–228, div. B, title XIII, § 1308(g)(1)(C) , Sept. 30, 2002 , 116 Stat. 1441 .]

(“(b) Report on Individual Transfers.— Whenever the President determines that a person or foreign government has made a transfer which is subject to any sanction under this title, the President shall, within 30 days after such transfer, submit to the Committees on Armed Services and Foreign Relations of the Senate and the Committees on Armed Services and Foreign Affairs of the House of Representatives a report— identifying the person or government and providing the details of the transfer; and describing the actions the President intends to undertake or has undertaken under the provisions of this title with respect to each such transfer.

(“(c) Form of Transmittal.— Reports required by this section may be submitted in classified as well as in unclassified form.

“SEC. 1608 DEFINITIONS.

“For purposes of this title: The term ‘advanced conventional weapons’ includes— such long-range precision-guided munitions, fuel air explosives, cruise missiles, low observability aircraft, other radar evading aircraft, advanced military aircraft, military satellites, electromagnetic weapons, and laser weapons as the President determines destabilize the military balance or enhance offensive capabilities in destabilizing ways; such advanced command, control, and communications systems, electronic warfare systems, or intelligence collection systems as the President determines destabilize the military balance or enhance offensive capabilities in destabilizing ways; and such other items or systems as the President may, by regulation, determine necessary for purposes of this title. The term ‘cruise missile’ means guided missiles that use aerodynamic lift to offset gravity and propulsion to counteract drag. The term ‘goods or technology’ means— any article, natural or manmade substance, material, supply, or manufactured product, including inspection and test equipment; and any information and know-how (whether in tangible form, such as models, prototypes, drawings, sketches, diagrams, blueprints, or manuals, or in intangible form, such as training or technical services) that can be used to design, produce, manufacture, utilize, or reconstruct goods, including computer software and technical data. The term ‘person’ means any United States or foreign individual, partnership, corporation, or other form of association, or any of their successor entities, parents, or subsidiaries. The term ‘sanctioned country’ means a country against which sanctions are required to be imposed pursuant to section 1605. The term ‘sanctioned person’ means a person that makes a transfer described in section 1604(a). The term ‘United States assistance’ means— any assistance under the Foreign Assistance Act of 1961 ( 22 U.S.C. 2151 et seq.), other than urgent humanitarian assistance or medicine; sales and assistance under the Arms Export Control Act [ 22 U.S.C. 2751 et seq.]; financing by the Commodity Credit Corporation for export sales of agricultural commodities; and financing under the Export-Import Bank Act [of 1945] [ 22 U.S.C. 635 et seq.].”

“SEC. 586 SHORT TITLE.

“Sections 586 through 586J of this Act may be cited as the ‘Iraq Sanctions Act of 1990’.

“SEC. 586A DECLARATIONS REGARDING IRAQ’S INVASION OF KUWAIT.

“The Congress— condemns Iraq’s invasion of Kuwait on August 2, 1990 ; supports the actions that have been taken by the President in response to that invasion; calls for the immediate and unconditional withdrawal of Iraqi forces from Kuwait; supports the efforts of the United Nations Security Council to end this violation of international law and threat to international peace; supports the imposition and enforcement of multilateral sanctions against Iraq; calls on United States allies and other countries to support fully the efforts of the United Nations Security Council, and to take other appropriate actions, to bring about an end to Iraq’s occupation of Kuwait; and condemns the brutal occupation of Kuwait by Iraq and its gross violations of internationally recognized human rights in Kuwait, including widespread arrests, torture, summary executions, and mass extrajudicial killings.

“SEC. 586B CONSULTATIONS WITH CONGRESS.

“The President shall keep the Congress fully informed, and shall consult with the Congress, with respect to current and anticipated events regarding the international crisis caused by Iraq’s invasion of Kuwait, including with respect to United States actions.

“SEC. 586C TRADE EMBARGO AGAINST IRAQ.

(“(a) Continuation of Embargo.— Except as otherwise provided in this section, the President shall continue to impose the trade embargo and other economic sanctions with respect to Iraq and Kuwait that the United States is imposing, in response to Iraq’s invasion of Kuwait, pursuant to Executive Orders Numbered 12724 and 12725 [listed in a table below] ( August 9, 1990 ) and, to the extent they are still in effect, Executive Orders Numbered 12722 and 12723 [listed in a table below] ( August 2, 1990 ). Notwithstanding any other provision of law, no funds, credits, guarantees, or insurance appropriated or otherwise made available by this or any other Act for fiscal year 1991 or any fiscal year thereafter shall be used to support or administer any financial or commercial operation of any United States Government department, agency, or other entity, or of any person subject to the jurisdiction of the United States, for the benefit of the Government of Iraq, its agencies or instrumentalities, or any person working on behalf of the Government of Iraq, contrary to the trade embargo and other economic sanctions imposed in accordance with this section.

(“(b) Humanitarian Assistance.— To the extent that transactions involving foodstuffs or payments for foodstuffs are exempted ‘in humanitarian circumstances’ from the prohibitions established by the United States pursuant to United Nations Security Council Resolution 661 (1990), those exemptions shall be limited to foodstuffs that are to be provided consistent with United Nations Security Council Resolution 666 (1990) and other relevant Security Council resolutions.

(“(c) Notice to Congress of Exceptions to and Termination of Sanctions.— Any regulations issued after the date of enactment of this Act [ Nov. 5, 1990 ] with respect to the economic sanctions imposed with respect to Iraq and Kuwait by the United States under Executive Orders Numbered 12722 and 12723 ( August 2, 1990 ) and Executive Orders Numbered 12724 and 12725 ( August 9, 1990 ) shall be submitted to the Congress before those regulations take effect. The President shall notify the Congress at least 15 days before the termination, in whole or in part, of any sanction imposed with respect to Iraq or Kuwait pursuant to those Executive orders.

(“(d) Relation to Other Laws.— The sanctions that are described in subsection (a) are in addition to, and not in lieu of the sanctions provided for in section 586G of this Act or any other provision of law. Nothing in this section supersedes any provision of the National Emergencies Act [ 50 U.S.C. 1601 et seq.] or any authority of the President under the International Emergency Economic Powers Act [ 50 U.S.C. 1701 et seq.] or section 5(a) of the United Nations Participation Act of 1945 [ 22 U.S.C. 287c(a) ].

“SEC. 586D COMPLIANCE WITH UNITED NATIONS SANCTIONS AGAINST IRAQ.

(“(a) Denial of Assistance.— None of the funds appropriated or otherwise made available pursuant to this Act [see Tables for classification] to carry out the Foreign Assistance Act of 1961 [ 22 U.S.C. 2151 et seq.] (including title IV of chapter 2 of part I [ 22 U.S.C. 2191 et seq.], relating to the Overseas Private Investment Corporation) or the Arms Export Control Act [ 22 U.S.C. 2751 et seq.] may be used to provide assistance to any country that is not in compliance with the United Nations Security Council sanctions against Iraq unless the President determines and so certifies to the Congress that— such assistance is in the national interest of the United States; such assistance will directly benefit the needy people in that country; or the assistance to be provided will be humanitarian assistance for foreign nationals who have fled Iraq and Kuwait.

(“(b) Import Sanctions.— If the President considers that the taking of such action would promote the effectiveness of the economic sanctions of the United Nations and the United States imposed with respect to Iraq, and is consistent with the national interest, the President may prohibit, for such a period of time as he considers appropriate, the importation into the United States of any or all products of any foreign country that has not prohibited— the importation of products of Iraq into its customs territory, and the export of its products to Iraq.

“SEC. 586E PENALTIES FOR VIOLATIONS OF EMBARGO.

“Notwithstanding section 206 of the International Emergency Economic Powers Act ( 50 U.S.C. 1705 ) and section 5(b) of the United Nations Participation Act of 1945 ( 22 U.S.C. 287c(b) )— a civil penalty of not to exceed $250,000maybeimposedonanypersonwho,afterthedateofenactmentofthisAct[Nov.5,1990],violatesorevadesorattemptstoviolateorevadeExecutiveOrderNumbered12722,12723,12724,or12725[listedinatablebelow]oranylicense,order,orregulationissuedunderanysuchExecutiveorder;andwhoever,afterthedateofenactmentofthisAct,willfullyviolatesorevadesorattemptstoviolateorevadeExecutiveOrderNumbered12722,12723,12724,or12725oranylicense,order,orregulationissuedunderanysuchExecutiveorder—shall,uponconviction,befinednotmorethan$1,000,000, if a person other than a natural person; or if a natural person, shall, upon conviction, be fined not more than $1,000,000, be imprisoned for not more than 12 years, or both. Any officer, director, or agent of any corporation who knowingly participates in a violation, evasion, or attempt described in paragraph (2) may be punished by imposition of the fine or imprisonment (or both) specified in subparagraph (B) of that paragraph.

“SEC. 586F DECLARATIONS REGARDING IRAQ’S LONG-STANDING VIOLATIONS OF INTERNATIONAL LAW.

(“(a) Iraq’s Violations of International Law.— The Congress determines that— the Government of Iraq has demonstrated repeated and blatant disregard for its obligations under international law by violating the Charter of the United Nations, the Protocol for the Prohibition of the Use in War of Asphyxiating, Poisonous or Other Gases, and of Bacteriological Methods of Warfare (done at Geneva, June 17, 1925 ), as well as other international treaties; the Government of Iraq is a party to the International Covenant on Civil and Political Rights and the International Covenant on Economic, Social, and Cultural Rights and is obligated under the Covenants, as well as the Universal Declaration of Human Rights, to respect internationally recognized human rights; the State Department’s Country Reports on Human Rights Practices for 1989 again characterizes Iraq’s human rights record as ‘abysmal’; Amnesty International, Middle East Watch, and other independent human rights organizations have documented extensive, systematic, and continuing human rights abuses by the Government of Iraq, including summary executions, mass political killings, disappearances, widespread use of torture, arbitrary arrests and prolonged detention without trial of thousands of political opponents, forced relocation and deportation, denial of nearly all civil and political rights such as freedom of association, assembly, speech, and the press, and the imprisonment, torture, and execution of children; since 1987, the Government of Iraq has intensified its severe repression of the Kurdish minority of Iraq, deliberately destroyed more than 3,000 villages and towns in the Kurdish regions, and forcibly expelled more than 500,000 people, thus effectively depopulating the rural areas of Iraqi Kurdistan; Iraq has blatantly violated international law by initiating use of chemical weapons in the Iran-Iraq war; Iraq has also violated international law by using chemical weapons against its own Kurdish citizens, resulting in tens of thousands of deaths and more than 65,000 refugees; Iraq continues to expand its chemical weapons capability, and President Saddam Hussein has threatened to use chemical weapons against other nations; persuasive evidence exists that Iraq is developing biological weapons in violation of international law; there are strong indications that Iraq has taken steps to produce nuclear weapons and has attempted to smuggle from the United States, in violation of United States law, components for triggering devices used in nuclear warheads whose manufacture would contravene the Treaty on the Non-Proliferation of Nuclear Weapons, to which Iraq is a party; and Iraqi President Saddam Hussein has threatened to use terrorism against other nations in violation of international law and has increased Iraq’s support for the Palestine Liberation Organization and other Palestinian groups that have conducted terrorist acts.

(“(b) Human Rights Violations.— The Congress determines that the Government of Iraq is engaged in a consistent pattern of gross violations of internationally recognized human rights. All provisions of law that impose sanctions against a country whose government is engaged in a consistent pattern of gross violations of internationally recognized human rights shall be fully enforced against Iraq.

(“(c) Support for International Terrorism.— The Congress determines that Iraq is a country which has repeatedly provided support for acts of international terrorism, a country which grants sanctuary from prosecution to individuals or groups which have committed an act of international terrorism, and a country which otherwise supports international terrorism. The provisions of law specified in paragraph (2) and all other provisions of law that impose sanctions against a country which has repeatedly provided support for acts of international terrorism, which grants sanctuary from prosecution to an individual or group which has committed an act of international terrorism, or which otherwise supports international terrorism shall be fully enforced against Iraq. The provisions of law referred to in paragraph (1) are— section 40 of the Arms Export Control Act [ 22 U.S.C. 2780 ]; section 620A of the Foreign Assistance Act of 1961 [ 22 U.S.C. 2371 ]; sections 555 and 556 of this Act [ 104 Stat. 2021 , 2022] (and the corresponding sections of predecessor foreign operations appropriations Acts); and section 555 of the International Security and Development Cooperation Act of 1985 [ 99 Stat. 227 ].

(“(d) Multilateral Cooperation.— The Congress calls on the President to seek multilateral cooperation— to deny dangerous technologies to Iraq; to induce Iraq to respect internationally recognized human rights; and to induce Iraq to allow appropriate international humanitarian and human rights organizations to have access to Iraq and Kuwait, including the areas in northern Iraq traditionally inhabited by Kurds.

“SEC. 586G SANCTIONS AGAINST IRAQ.

(“(a) Imposition.— Except as provided in section 586H, the following sanctions shall apply with respect to Iraq: The United States Government shall not enter into any sale with Iraq under the Arms Export Control Act [ 22 U.S.C. 2751 et seq.]. Licenses shall not be issued for the export to Iraq of any item on the United States Munitions List. The authorities of [former] section 6 of the Export Administration Act of 1979 (50 U.S.C. App. 2405) [former 50 U.S.C. 4605 ] shall be used to prohibit the export to Iraq of any goods or technology listed pursuant to that section or [former] section 5(c)(1) of that Act (50 U.S.C. App. 2404(c)(1)) [former 50 U.S.C. 4604(c)(1) ] on the control list provided for in [former] section 4(b) of that Act (50 U.S.C. App. 2403(b)) [former 50 U.S.C. 4603(b) ]. The Nuclear Regulatory Commission shall not issue any license or other authorization under the Atomic Energy Act of 1954 ( 42 U.S.C. 2011 and following) for the export to Iraq of any source or special nuclear material, any production or utilization facility, any sensitive nuclear technology, any component, item, or substance determined to have significance for nuclear explosive purposes pursuant to section 109b. of the Atomic Energy Act of 1954 ( 42 U.S.C. 2139(b) ), or any other material or technology requiring such a license or authorization. The authority of the Atomic Energy Act of 1954 shall not be used to distribute any special nuclear material, source material, or byproduct material to Iraq. The Secretary of Energy shall not provide a specific authorization under section 57b.(2) of the Atomic Energy Act of 1954 ( 42 U.S.C. 2077(b)(2) ) for any activity that would constitute directly or indirectly engaging in Iraq in activities that require a specific authorization under that section. The United States shall oppose any loan or financial or technical assistance to Iraq by international financial institutions in accordance with section 701 of the International Financial Institutions Act ( 22 U.S.C. 262d ). Credits and credit guarantees through the Export-Import Bank of the United States shall be denied to Iraq. Credit, credit guarantees, and other assistance through the Commodity Credit Corporation shall be denied to Iraq. All forms of assistance under the Foreign Assistance Act of 1961 ( 22 U.S.C. 2151 and following) other than emergency assistance for medical supplies and other forms of emergency humanitarian assistance, and under the Arms Export Control Act ( 22 U.S.C. 2751 and following) shall be denied to Iraq.

(“(b) Contract Sanctity.— For purposes of the export controls imposed pursuant to subsection (a)(3), the date described in subsection (m)(1) of [former] section 6 of the Export Administration Act of 1979 (50 U.S.C. App. 2405) [former 50 U.S.C. 4605 ] shall be deemed to be August 1, 1990 .

“SEC. 586H WAIVER AUTHORITY.

(“(a) In General.— The President may waive the requirements of any paragraph of section 586G(a) if the President makes a certification under subsection (b) or subsection (c).

(“(b) Certification of Fundamental Changes in Iraqi Policies and Actions.— The authority of subsection (a) may be exercised 60 days after the President certifies to the Congress that— the Government of Iraq— has demonstrated, through a pattern of conduct, substantial improvement in its respect for internationally recognized human rights; is not acquiring, developing, or manufacturing (i) ballistic missiles, (ii) chemical, biological, or nuclear weapons, or (iii) components for such weapons; has forsworn the first use of such weapons; and is taking substantial and verifiable steps to destroy or otherwise dispose of any such missiles and weapons it possesses; and does not provide support for international terrorism; the Government of Iraq is in substantial compliance with its obligations under international law, including— the Charter of the United Nations; the International Covenant on Civil and Political Rights (done at New York, December 16, 1966 ) and the International Covenant on Economic, Social, and Cultural Rights (done at New York, December 16, 1966 ); the Convention on the Prevention and Punishment of the Crime of Genocide (done at Paris, December 9, 1948 ); the Protocol for the Prohibition of the Use in War of Asphyxiating, Poisonous or Other Gases, and of Bacteriological Methods of Warfare (done at Geneva, June 17, 1925 ); the Treaty on the Non-Proliferation of Nuclear Weapons (done at Washington, London, and Moscow, July 1, 1968 ); and the Convention on the Prohibition of the Development, Production and Stockpiling of Bacteriological (Biological) and Toxin Weapons and on Their Destruction (done at Washington, London, and Moscow, April 10, 1972 ); and the President has determined that it is essential to the national interests of the United States to exercise the authority of subsection (a).

(“(c) Certification of Fundamental Changes in Iraqi Leadership and Policies.— The authority of subsection (a) may be exercised 30 days after the President certifies to the Congress that— there has been a fundamental change in the leadership of the Government of Iraq; and the new Government of Iraq has provided reliable and credible assurance that— it respects internationally recognized human rights and it will demonstrate such respect through its conduct; it is not acquiring, developing, or manufacturing and it will not acquire, develop, or manufacture (i) ballistic missiles, (ii) chemical, biological, or nuclear weapons, or (iii) components for such weapons; has forsworn the first use of such weapons; and is taking substantial and verifiable steps to destroy or otherwise dispose of any such missiles and weapons it possesses; it is not and will not provide support for international terrorism; and it is and will continue to be in substantial compliance with its obligations under international law, including all the treaties specified in subparagraphs (A) through (F) of subsection (b)(2).

(“(d) Information To Be Included in Certifications.— Any certification under subsection (b) or (c) shall include the justification for each determination required by that subsection. The certification shall also specify which paragraphs of section 586G(a) the President will waive pursuant to that certification.

“SEC. 586I DENIAL OF LICENSES FOR CERTAIN EXPORTS TO COUNTRIES ASSISTING IRAQ’S ROCKET OR CHEMICAL, BIOLOGICAL, OR NUCLEAR WEAPONS CAPABILITY.

(“(a) Restriction on Export Licenses.— None of the funds appropriated by this or any other Act may be used to approve the licensing for export of any supercomputer to any country whose government the President determines is assisting, or whose government officials the President determines are assisting, Iraq to improve its rocket technology or chemical, biological, or nuclear weapons capability.

(“(b) Negotiations.— The President is directed to begin immediate negotiations with those governments with which the United States has bilateral supercomputer agreements, including the Government of the United Kingdom and the Government of Japan, on conditions restricting the transfer to Iraq of supercomputer or associated technology.

“SEC. 586J REPORTS TO CONGRESS.

(“(a) Study and Report on the International Export to Iraq of Nuclear, Biological, Chemical, and Ballistic Missile Technology.— The President shall conduct a study on the sale, export, and third party transfer or development of nuclear, biological, chemical, and ballistic missile technology to or with Iraq including— an identification of specific countries, as well as companies and individuals, both foreign and domestic, engaged in such sale or export of, nuclear, biological, chemical, and ballistic missile technology; a detailed description and analysis of the international supply, information, support, and coproduction network, individual, corporate, and state, responsible for Iraq’s current capability in the area of nuclear, biological, chemical, and ballistic missile technology; and a recommendation of standards and procedures against which to measure and verify a decision of the Government of Iraq to terminate the development, production, coproduction, and deployment of nuclear, biological, chemical, and offensive ballistic missile technology as well as the destruction of all existing facilities associated with such technologies. The President shall include in the study required by paragraph (1) specific recommendations on new mechanisms, to include, but not be limited to, legal, political, economic and regulatory, whereby the United States might contribute, in conjunction with its friends, allies, and the international community, to the management, control, or elimination of the threat of nuclear, biological, chemical, and ballistic missile proliferation. Not later than March 30, 1991 , the President shall submit to the Committee on Appropriations and the Committee on Foreign Relations of the Senate and the Committee on Appropriations and the Committee on Foreign Affairs of the House of Representatives, a report, in both classified and unclassified form, setting forth the findings of the study required by paragraph (1) of this subsection.

(“(b) Study and Report on Iraq’s Offensive Military Capability.— The President shall conduct a study on Iraq’s offensive military capability and its effect on the Middle East balance of power including an assessment of Iraq’s power projection capability, the prospects for another sustained conflict with Iran, joint Iraqi-Jordanian military cooperation, the threat Iraq’s arms transfer activities pose to United States allies in the Middle East, and the extension of Iraq’s political-military influence into Africa and Latin America. Not later than March 30, 1991 , the President shall submit to the Committee on Appropriations and the Committee on Foreign Relations of the Senate and the Committee on Appropriations and the Committee on Foreign Affairs of the House of Representatives, a report, in both classified and unclassified form, setting forth the findings of the study required by paragraph (1).

(“(c) Report on Sanctions Taken by Other Nations Against Iraq.— The President shall prepare a report on the steps taken by other nations, both before and after the August 2, 1990 , invasion of Kuwait, to curtail the export of goods, services, and technologies to Iraq which might contribute to, or enhance, Iraq’s nuclear, biological, chemical, and ballistic missile capability. The President shall provide a complete accounting of international compliance with each of the sanctions resolutions adopted by the United Nations Security Council against Iraq since August 2, 1990 , and shall list, by name, each country which to his knowledge, has provided any assistance to Iraq and the amount and type of that assistance in violation of each United Nations resolution. The President shall make every effort to encourage other nations, in whatever forum or context, to adopt sanctions toward Iraq similar to those contained in this section. Not later than every 6 months after the date of enactment of this Act [ Nov. 5, 1990 ], the President shall submit to the Committee on Appropriations and the Committee on Foreign Relations of the Senate and the Committee on Appropriations and the Committee on Foreign Affairs of the House of Representatives, a report in both classified and unclassified form, setting forth the findings of the study required by paragraph (1) of this subsection.”

§ 1702 Presidential authorities

(a) In general At the times and to the extent specified in section 1701 of this title , the President may, under such regulations as he may prescribe, by means of instructions, licenses, or otherwise— investigate, regulate, or prohibit— any transactions in foreign exchange, transfers of credit or payments between, by, through, or to any banking institution, to the extent that such transfers or payments involve any interest of any foreign country or a national thereof, the importing or exporting of currency or securities, by any person, or with respect to any property, subject to the jurisdiction of the United States; investigate, block during the pendency of an investigation, regulate, direct and compel, nullify, void, prevent or prohibit, any acquisition, holding, withholding, use, transfer, withdrawal, transportation, importation or exportation of, or dealing in, or exercising any right, power, or privilege with respect to, or transactions involving, any property in which any foreign country or a national thereof has any interest by any person, or with respect to any property, subject to the jurisdiction of the United States; and. 1 when the United States is engaged in armed hostilities or has been attacked by a foreign country or foreign nationals, confiscate any property, subject to the jurisdiction of the United States, of any foreign person, foreign organization, or foreign country that he determines has planned, authorized, aided, or engaged in such hostilities or attacks against the United States; and all right, title, and interest in any property so confiscated shall vest, when, as, and upon the terms directed by the President, in such agency or person as the President may designate from time to time, and upon such terms and conditions as the President may prescribe, such interest or property shall be held, used, administered, liquidated, sold, or otherwise dealt with in the interest of and for the benefit of the United States, and such designated agency or person may perform any and all acts incident to the accomplishment or furtherance of these purposes. In exercising the authorities granted by paragraph (1), the President may require any person to keep a full record of, and to furnish under oath, in the form of reports or otherwise, complete information relative to any act or transaction referred to in paragraph (1) either before, during, or after the completion thereof, or relative to any interest in foreign property, or relative to any property in which any foreign country or any national thereof has or has had any interest, or as may be otherwise necessary to enforce the provisions of such paragraph. In any case in which a report by a person could be required under this paragraph, the President may require the production of any books of account, records, contracts, letters, memoranda, or other papers, in the custody or control of such person. Compliance with any regulation, instruction, or direction issued under this chapter shall to the extent thereof be a full acquittance and discharge for all purposes of the obligation of the person making the same. No person shall be held liable in any court for or with respect to anything done or omitted in good faith in connection with the administration of, or pursuant to and in reliance on, this chapter, or any regulation, instruction, or direction issued under this chapter.

(b) Exceptions to grant of authority The authority granted to the President by this section does not include the authority to regulate or prohibit, directly or indirectly— any postal, telegraphic, telephonic, or other personal communication, which does not involve a transfer of anything of value; donations, by persons subject to the jurisdiction of the United States, of articles, such as food, clothing, and medicine, intended to be used to relieve human suffering, except to the extent that the President determines that such donations (A) would seriously impair his ability to deal with any national emergency declared under section 1701 of this title , (B) are in response to coercion against the proposed recipient or donor, or (C) would endanger Armed Forces of the United States which are engaged in hostilities or are in a situation where imminent involvement in hostilities is clearly indicated by the circumstances; or 2 the importation from any country, or the exportation to any country, whether commercial or otherwise, regardless of format or medium of transmission, of any information or informational materials, including but not limited to, publications, films, posters, phonograph records, photographs, microfilms, microfiche, tapes, compact disks, CD ROMs, artworks, and news wire feeds. The exports exempted from regulation or prohibition by this paragraph do not include those which are otherwise controlled for export under section 4604 3 of this title, or under section 4605 3 of this title to the extent that such controls promote the nonproliferation or antiterrorism policies of the United States, or with respect to which acts are prohibited by chapter 37 of title 18; or any transactions ordinarily incident to travel to or from any country, including importation of accompanied baggage for personal use, maintenance within any country including payment of living expenses and acquisition of goods or services for personal use, and arrangement or facilitation of such travel including nonscheduled air, sea, or land voyages.

(c) Classified information In any judicial review of a determination made under this section, if the determination was based on classified information (as defined in section 1(a) of the Classified Information Procedures Act) such information may be submitted to the reviewing court ex parte and in camera. This subsection does not confer or imply any right to judicial review.

§ 1703 Consultation and reports

(a) Consultation with Congress The President, in every possible instance, shall consult with the Congress before exercising any of the authorities granted by this chapter and shall consult regularly with the Congress so long as such authorities are exercised.

(b) Report to Congress upon exercise of Presidential authorities Whenever the President exercises any of the authorities granted by this chapter, he shall immediately transmit to the Congress a report specifying— the circumstances which necessitate such exercise of authority; why the President believes those circumstances constitute an unusual and extraordinary threat, which has its source in whole or substantial part outside the United States, to the national security, foreign policy, or economy of the United States; the authorities to be exercised and the actions to be taken in the exercise of those authorities to deal with those circumstances; why the President believes such actions are necessary to deal with those circumstances; and any foreign countries with respect to which such actions are to be taken and why such actions are to be taken with respect to those countries.

(c) Periodic follow-up reports At least once during each succeeding six-month period after transmitting a report pursuant to subsection (b) with respect to an exercise of authorities under this chapter, the President shall report to the Congress with respect to the actions taken, since the last such report, in the exercise of such authorities, and with respect to any changes which have occurred concerning any information previously furnished pursuant to paragraphs (1) through (5) of subsection (b).

(d) Supplemental requirements The requirements of this section are supplemental to those contained in title IV of the National Emergencies Act [ 50 U.S.C. 1641 ].

§ 1704 Authority to issue regulations

The President may issue such regulations, including regulations prescribing definitions, as may be necessary for the exercise of the authorities granted by this chapter. ( Pub. L. 95–223, title II, § 205 , Dec. 28, 1977 , 91 Stat. 1628 .)

§ 1705 Penalties

(a) Unlawful acts It shall be unlawful for a person to violate, attempt to violate, conspire to violate, or cause a violation of any license, order, regulation, or prohibition issued under this chapter.

(b) Civil penalty A civil penalty may be imposed on any person who commits an unlawful act described in subsection (a) in an amount not to exceed the greater of— $250,000; or an amount that is twice the amount of the transaction that is the basis of the violation with respect to which the penalty is imposed.

(c) Criminal penalty A person who willfully commits, willfully attempts to commit, or willfully conspires to commit, or aids or abets in the commission of, an unlawful act described in subsection (a) shall, upon conviction, be fined not more than $1,000,000, or if a natural person, may be imprisoned for not more than 20 years, or both.

(d) Statute of limitations An action, suit, or proceeding for the enforcement of any civil fine, penalty, or forfeiture, pecuniary or otherwise, under this section shall not be entertained unless commenced within 10 years after the latest date of the violation upon which the civil fine, penalty, or forfeiture is based. For purposes of this paragraph, the commencement of an action, suit, or proceeding includes the issuance of a pre-penalty notice or finding of violation. No person shall be prosecuted, tried, or punished for any offense under subsection (c) unless the indictment is found or the information is instituted within 10 years after the latest date of the violation upon which the indictment or information is based.

§ 1706 Savings provisions

(a) Termination of national emergencies pursuant to National Emergencies Act Except as provided in subsection (b), notwithstanding the termination pursuant to the National Emergencies Act [ 50 U.S.C. 1601 et seq.] of a national emergency declared for purposes of this chapter, any authorities granted by this chapter, which are exercised on the date of such termination on the basis of such national emergency to prohibit transactions involving property in which a foreign country or national thereof has any interest, may continue to be so exercised to prohibit transactions involving that property if the President determines that the continuation of such prohibition with respect to that property is necessary on account of claims involving such country or its nationals. Notwithstanding the termination of the authorities described in section 101(b) of this Act, any such authorities, which are exercised with respect to a country on the date of such termination to prohibit transactions involving any property in which such country or any national thereof has any interest, may continue to be exercised to prohibit transactions involving that property if the President determines that the continuation of such prohibition with respect to that property is necessary on account of claims involving such country or its nationals.

(b) Congressional termination of national emergencies by concurrent resolution The authorities described in subsection (a)(1) may not continue to be exercised under this section if the national emergency is terminated by the Congress by concurrent resolution pursuant to section 202 of the National Emergencies Act [ 50 U.S.C. 1622 ] and if the Congress specifies in such concurrent resolution that such authorities may not continue to be exercised under this section.

(c) Supplemental savings provisions; supersedure of inconsistent provisions The provisions of this section are supplemental to the savings provisions of paragraphs (1), (2), and (3) of section 101(a) [ 50 U.S.C. 1601(a)(1) , (2), (3)] and of paragraphs (A), (B), and (C) of section 202(a) [ 50 U.S.C. 1622(a)(A) , (B), and (C)] of the National Emergencies Act. The provisions of this section supersede the termination provisions of section 101(a) [ 50 U.S.C. 1601(a) ] and of title II [ 50 U.S.C. 1621 et seq.] of the National Emergencies Act to the extent that the provisions of this section are inconsistent with these provisions.

(d) Periodic reports to Congress If the President uses the authority of this section to continue prohibitions on transactions involving foreign property interests, he shall report to the Congress every six months on the use of such authority.

§ 1707 Multinational economic embargoes against governments in armed conflict with the United States

(a) Policy on the establishment of embargoes It is the policy of the United States, that upon the use of the Armed Forces of the United States to engage in hostilities against any foreign country, the President shall, as appropriate— seek the establishment of a multinational economic embargo against such country; and seek the seizure of its foreign financial assets.

(b) Reports to Congress Not later than 20 days after the first day of the engagement of the United States in hostilities described in subsection (a), the President shall, if the armed conflict has continued for 14 days, submit to Congress a report setting forth— the specific steps the United States has taken and will continue to take to establish a multinational economic embargo and to initiate financial asset seizure pursuant to subsection (a); and any foreign sources of trade or revenue that directly or indirectly support the ability of the adversarial government to sustain a military conflict against the United States.

§ 1708 Actions to address economic or industrial espionage in cyberspace

(a) Report required Not later than 180 days after December 19, 2014 , and annually thereafter through 2020, the President shall submit to the appropriate congressional committees a report on foreign economic and industrial espionage in cyberspace during the 12-month period preceding the submission of the report that— identifies— foreign countries that engage in economic or industrial espionage in cyberspace with respect to trade secrets or proprietary information owned by United States persons; foreign countries identified under clause (i) that the President determines engage in the most egregious economic or industrial espionage in cyberspace with respect to such trade secrets or proprietary information (to be known as “priority foreign countries”); categories of technologies or proprietary information developed by United States persons that— are targeted for economic or industrial espionage in cyberspace; and to the extent practicable, have been appropriated through such espionage; articles manufactured or otherwise produced using technologies or proprietary information described in clause (iii)(II); and to the extent practicable, services provided using such technologies or proprietary information; describes the economic or industrial espionage engaged in by the foreign countries identified under clauses (i) and (ii) of subparagraph (A); and describes— actions taken by the President to decrease the prevalence of economic or industrial espionage in cyberspace; and the progress made in decreasing the prevalence of such espionage. For purposes of clauses (i) and (ii) of paragraph (1)(A), the President shall identify a foreign country as a foreign country that engages in economic or industrial espionage in cyberspace with respect to trade secrets or proprietary information owned by United States persons if the government of the foreign country— engages in economic or industrial espionage in cyberspace with respect to trade secrets or proprietary information owned by United States persons; or facilitates, supports, fails to prosecute, or otherwise permits such espionage by— individuals who are citizens or residents of the foreign country; or entities that are organized under the laws of the foreign country or are otherwise subject to the jurisdiction of the government of the foreign country. Each report required by paragraph (1) shall be submitted in unclassified form but may contain a classified annex.

(b) Imposition of sanctions The President may, 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 each person described in paragraph (2), 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. A person described in this paragraph is a foreign person the President determines knowingly requests, engages in, supports, facilitates, or benefits from the significant appropriation, through economic or industrial espionage in cyberspace, of technologies or proprietary information developed by United States persons. The authority to impose sanctions under paragraph (1) shall not include the authority to impose sanctions on the importation of goods. 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 subsection. 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, or conspires to violate, or causes a violation of, this subsection or a regulation prescribed under 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 [ 50 U.S.C. 1705(a) ].

(c) Rule of construction Nothing in this section shall be construed to affect the application of any penalty or the exercise of any authority provided for under any other provision of law.

(d) Definitions In this section: The term “appropriate congressional committees” means— the Committee on Armed Services, the Committee on Banking, Housing, and Urban Affairs, the Committee on Commerce, Science, and Transportation, the Committee on Homeland Security and Governmental Affairs, the Committee on Finance, the Committee on Foreign Relations, and the Select Committee on Intelligence of the Senate; and the Committee on Armed Services, the Committee on Energy and Commerce, the Committee on Homeland Security, the Committee on Financial Services, the Committee on Foreign Affairs, the Committee on Ways and Means, and the Permanent Select Committee on Intelligence of the House of Representatives. The term “cyberspace”— means the interdependent network of information technology infrastructures; and includes the Internet, telecommunications networks, computer systems, and embedded processors and controllers. The term “economic or industrial espionage” means— stealing a trade secret or proprietary information or appropriating, taking, carrying away, or concealing, or by fraud, artifice, or deception obtaining, a trade secret or proprietary information without the authorization of the owner of the trade secret or proprietary information; copying, duplicating, downloading, uploading, destroying, transmitting, delivering, sending, communicating, or conveying a trade secret or proprietary information without the authorization of the owner of the trade secret or proprietary information; or knowingly receiving, buying, or possessing a trade secret or proprietary information that has been stolen or appropriated, obtained, or converted without the authorization of the owner of the trade secret or proprietary information. 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 “own”, with respect to a trade secret or proprietary information, means to hold rightful legal or equitable title to, or license in, the trade secret or proprietary information. The term “person” means an individual or entity. The term “proprietary information” means competitive bid preparations, negotiating strategies, executive emails, internal financial data, strategic business plans, technical designs, manufacturing processes, source code, data derived from research and development investments, and other commercially valuable information that a person has developed or obtained if— the person has taken reasonable measures to keep the information confidential; and the information is not generally known or readily ascertainable through proper means by the public. The term “technology” has the meaning given that term in section 16 1 of the Export Administration Act of 1979 ( 50 U.S.C. 4618 ) (as in effect pursuant to the International Emergency Economic Powers Act ( 50 U.S.C. 1701 et seq.)). The term “trade secret” has the meaning given that term in section 1839 of title 18 . The term “United States person” means— an individual who is a citizen or resident of the United States; an entity organized under the laws of the United States or any jurisdiction within the United States; or a person located in the United States.

§ 1709 Imposition of sanctions with respect to theft of trade secrets of United States persons

(a) Report required Not later than 180 days after January 5, 2023 , and not less frequently than annually thereafter, the President shall submit to the appropriate congressional committees a report— identifying any foreign person the President determines, during the period specified in paragraph (2)— has knowingly engaged in, or benefitted from, significant theft of trade secrets of United States persons, if the theft of such trade secrets occurred on or after January 5, 2023 , and is reasonably likely to result in, or has materially contributed to, a significant threat to the national security, foreign policy, or economic health or financial stability of the United States; has provided significant financial, material, or technological support for, or goods or services in support of or to benefit significantly from, such theft; is an entity that is owned or controlled by, or that has acted or purported to act for or on behalf of, directly or indirectly, any foreign person identified under clause (i) or (ii); or is a chief executive officer or member of the board of directors of any foreign entity identified under clause (i) or (ii); describing the nature, objective, and outcome of the theft of trade secrets each foreign person described in subparagraph (A)(i) engaged in or benefitted from; and assessing whether any chief executive officer or member of the board of directors described in clause (iv) of subparagraph (A) engaged in, or benefitted from, activity described in clause (i) or (ii) of that subparagraph. The period specified in this paragraph is— in the case of the first report required by paragraph (1), the period beginning on Janaury 5, 2023, and ending on the date on which the report is required to be submitted; and in the case of each subsequent report required by paragraph (1), the one-year period preceding the date on which the report is required to be submitted. Each report required by paragraph (1) shall be submitted in unclassified form but may include a classified annex.

(b) Authority to impose sanctions In the case of a foreign entity identified under subparagraph (A) of subsection (a)(1) in the most recent report submitted under that subsection, the President shall impose 5 or more of the following: The President may, 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 the entity 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. The President may include the entity on the entity list maintained by the Bureau of Industry and Security of the Department of Commerce and set forth in Supplement No. 4 to part 744 of the Export Administration Regulations, for activities contrary to the national security or foreign policy interests of the United States. The President may direct the Export-Import Bank of the United States not to give approval to the issuance of any guarantee, insurance, extension of credit, or participation in the extension of credit in connection with the export of any goods or services to the entity. The President may prohibit any United States financial institution from making loans or providing credits to the entity totaling more than $10,000,000 in any 12-month period unless the person is engaged in activities to relieve human suffering and the loans or credits are provided for such activities. The President may direct the United States executive director to each international financial institution to use the voice and vote of the United States to oppose any loan from the international financial institution that would benefit the entity. The following prohibitions may be imposed against the entity if the entity is a financial institution: Neither the Board of Governors of the Federal Reserve System nor the Federal Reserve Bank of New York may designate, or permit the continuation of any prior designation of, the financial institution as a primary dealer in United States Government debt instruments. The financial institution may not serve as agent of the United States Government or serve as repository for United States Government funds. The imposition of either sanction under clause (i) or (ii) shall be treated as one sanction for purposes of this paragraph, and the imposition of both such sanctions shall be treated as 2 sanctions for purposes of this paragraph. The United States Government may not procure, or enter into any contract for the procurement of, any goods or services from the entity. The President may, pursuant to such regulations as the President may prescribe, prohibit any transactions in foreign exchange that are subject to the jurisdiction of the United States and in which the entity has any interest. The President may, pursuant to such regulations as the President may prescribe, prohibit any transfers of credit or payments between financial institutions or by, through, or to any financial institution, to the extent that such transfers or payments are subject to the jurisdiction of the United States and involve any interest of the entity. The President may, pursuant to such regulations or guidelines as the President may prescribe, prohibit any United States person from investing in or purchasing significant amounts of equity or debt instruments of the entity. The President may direct the Secretary of State to deny a visa to, and the Secretary of Homeland Security to exclude from the United States, any alien that the President determines is a corporate officer or principal of, or a shareholder with a controlling interest in, the entity. The President may impose on the principal executive officer or officers of the entity, or on individuals performing similar functions and with similar authorities as such officer or officers, any of the sanctions under this paragraph. In the case of an alien identified under subparagraph (A) of subsection (a)(1) in the most recent report submitted under that subsection, the following shall apply: 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 the alien 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 subparagraph (A) of subsection (a)(1) 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 subparagraph (A) of subsection (a)(1) 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 subclause (I) shall— take effect pursuant to section 221(i) of the Immigration and Nationality Act ( 8 U.S.C. 1201(i) ); and cancel any other valid visa or entry documentation that is in the alien’s possession.

(c) National interest waiver The President may waive the imposition of sanctions under subsection (b) with respect to a person if the President— determines that such a waiver is in the national interests of the United States; and not more than 15 days after issuing the waiver, submits to the appropriate congressional committees a notification of the waiver and the reasons for the waiver.

(d) 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. A person that violates, attempts to violate, conspires to violate, or causes a violation of this section or any regulation, license, or order issued to carry out this section shall be subject to the penalties set forth in subsections (b) and (c) of section 206 of the International Emergency Economic Powers Act ( 50 U.S.C. 1705 ) to the same extent as a person that commits an unlawful act described in subsection (a) of that section.

(e) Exceptions This section shall not apply with respect to activities subject to the reporting requirements under title V of the National Security Act of 1947 ( 50 U.S.C. 3091 et seq.) or any authorized intelligence activities of the United States. Sanctions under this section shall not apply with respect to any authorized law enforcement activities of the United States. Sanctions under this section shall not apply with respect to the admission of an alien to the United States if such admission is necessary to comply with the obligations of the United States under 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 the Convention on Consular Relations, done at Vienna April 24, 1963 , and entered into force March 19, 1967 , or other international obligations. The authority or a requirement to impose sanctions under this section shall not include the authority or a requirement to impose sanctions on the importation of goods. In this paragraph, the term “good” means any article, natural or manmade substance, material, supply, or manufactured product, including inspection and test equipment, and excluding technical data.

(f) Sunset This section shall terminate on the date that is 7 years after January 5, 2023 .

(g) Definitions In this section: The terms “admission”, “admitted”, “alien”, and “lawfully admitted for permanent residence” have the meanings given those terms in section 101 of the Immigration and Nationality Act ( 8 U.S.C. 1101 ). The term “appropriate congressional committees” means— the Committee on Banking, Housing, and Urban Affairs and the Committee on Foreign Relations of the Senate; and the Committee on Financial Services and the Committee on Foreign Affairs of the House of Representatives. The term “entity” means a partnership, association, trust, joint venture, corporation, group, subgroup, or other organization. The term “Export Administration Regulations” has the meaning given that term in section 4801 of this title . The term “foreign entity” means an entity that is not a United States person. The term “foreign person” means any person that is not a United States person. 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 “person” means an individual or entity. The term “trade secret” has the meaning given that term in section 1839 of title 18 . The term “United States person” means— a United States citizen or an alien lawfully admitted for permanent residence to the United States; an entity organized under the laws of the United States or of any jurisdiction within the United States, including a foreign branch of such an entity; or any person in the United States.

§ 1710 Confronting asymmetric and malicious cyber activities

(a) In general On and after the date that is 180 days after April 24, 2024 , the President may impose the sanctions described in subsection (b) with respect to any foreign person that the Secretary of the Treasury, in consultation with the Attorney General and the Secretary of State determine, on or after April 24, 2024 — is responsible for or complicit in, or has engaged knowingly in, significant cyber-enabled activities originating from, or directed by persons located, in whole or in substantial part, outside the United States that are reasonably likely to result in, or have materially contributed to, a significant threat to the national security, foreign policy, or economic health or financial stability of the United States; materially assisted, sponsored, or provided financial, material, or technological support for, or goods or services to or in support of, any activity described in this subsection or any person whose property and interests in property are blocked pursuant to this section; is owned or controlled by, or has 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 this section; or has attempted to engage in any of the activities described in paragraph (1), (2), or (3).

(b) Sanctions described The sanctions described in this subsection are the following: In the case of an alien— ineligibility to receive a visa to enter the United States or to be admitted to the United States; or if the individual has been issued a visa or other documentation, revocation, in accordance with section 1201(i) of title 8 , of the visa or other documentation. The blocking, in accordance with the International Emergency Economic Powers Act ( 50 U.S.C. 1701 et seq.), of all transactions in all property and interests in property of a foreign person if such property and interests in property are in the United States, come within the United States, or are or come within the possession or control of a United States person.

(c) Requests by appropriate congressional committees Not later than 120 days after receiving a request that meets the requirements of paragraph (2) with respect to whether a foreign person has engaged in an activity described in subsection (a), the Secretary of the Treasury, in consultation with the Attorney General and the Secretary of State shall— determine if that person has engaged in such an activity; and submit a classified or unclassified report to the chairperson and ranking member of the committee or committees that submitted the request with respect to that determination that includes— a statement of whether or not the Secretary of the Treasury, in consultation with the Attorney General and the Secretary of State imposed or intends to impose sanctions with respect to the person; if the President imposed or intends to impose sanctions, a description of those sanctions; and if the President does not intend to impose sanctions, a description of actions that meet the threshold for the President to impose sanctions. A request under paragraph (1) with respect to whether a foreign person has engaged in an activity described in subsection (a) shall be submitted to the President in writing jointly by the chairperson and ranking member of one of the appropriate congressional committees.

(d) Appropriate congressional committees defined In this section, the term “appropriate congressional committees” means— the Committee on Foreign Affairs, the Committee on Financial Services, and the Committee on the Judiciary 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.