H.R. 1905: Iran Threat Reduction and Syria Human Rights Act of 2012

112th Congress

To strengthen Iran sanctions laws for the purpose of compelling Iran to abandon its pursuit of nuclear weapons and other threatening activities, and for other purposes.

Sponsor: Rep. Ileana Ros-Lehtinen — R — FL

Iran Threat Reduction and Syria Human Rights Act of 2012 - Title I: Expansion of Multilateral Sanctions Regime with Respect to Iran - (Sec. 101) Expresses the sense of Congress that: (1) the goal of compelling Iran to abandon efforts to acquire a nuclear weapons capability and other threatening activities can be achieved through a policy that includes economic sanctions, diplomacy, and military planning; and (2) this objective is consistent with the one stated by President Obama in the 2012 State of the Union Address. (Sec. 102) Urges the President to initiate diplomatic efforts to expand the multilateral sanctions regime regarding Iran. Title II: Expansion of Sanctions Relating to the Energy Sector of Iran and Proliferation of Weapons of Mass Destruction by Iran - Subtitle A: Expansion of Iran Sanctions Act of 1996 - (Sec. 201) Amends the Iran Sanctions Act of 1996 (Act) to increase from three to five the minimum number of sanctions that the President is required to impose for violations relating to: (1) development of Iran's petroleum resources, (2) production of refined petroleum products, (3) exportation of refined petroleum products to Iran, and (4) development of weapons of mass destruction (WMD). Directs the President to impose five or more specified sanctions on a person that knowingly participates in certain petroleum resource development joint ventures outside of Iran if the Iranian government is a substantial partner or investor in the joint venture, or if Iran could, through such joint venture, receive new technology or equipment that could significantly contribute to its development of petroleum resources in Iran. Exempts from such sanctions a person withdrawing from the joint venture within 180 days after enactment of this Act. Directs the President to impose five or more specified sanctions on a person that knowingly sells, leases, or provides to Iran certain petroleum and infrastructure development-related resources goods, services, technology, or support: (1) any of which has a fair market value of $1 million or more; or (2) that, during a 12-month period, have an aggregate fair market value of $5 million or more. Directs the President to impose five or more specified sanctions on a person that knowingly sells, leases, or provides to Iran certain petrochemical development-related goods, services, technology, or support: (1) any of which has a fair market value of $250,000 or more; or (2) that, during a 12-month period, have an aggregate fair market value of $1 million or more. (Sec. 202) Directs the President, if there is a sufficient supply of petroleum and petroleum products produced in countries other than Iran to permit purchasers of Iranian petroleum and petroleum products to reduce significantly their purchases from Iran, to impose five or more specified sanctions on a person that: (1) is a controlling beneficial owner of a vessel, or otherwise owns, operates, or insures a vessel that was used to transport crude oil from Iran to another country; or (2) if a controlling beneficial owner, had actual knowledge of the vessel's use, or if an owner, operator, or insurer, knew or should have known of the vessel's use. Exempts from such sanctions a country that is exempt from National Defense Authorization Act for Fiscal Year 2012 sanctions because it is significantly reducing Iranian purchases. Directs the President to impose five or more specified sanctions on a person: (1) that is a controlling beneficial owner of a vessel, or otherwise owns, operates, or insures a vessel that was used to transport crude oil from Iran to another country; and (2) if a controlling beneficial owner, had actual knowledge of the vessel's use, or if an owner, operator, or insurer, knew or should have known of the vessel's use. Directs the President to impose five or more specified sanctions on a person that is a controlling beneficial owner or otherwise owns, operates, or controls a vessel that conceals the Iranian origin of transported crude oil or refined petroleum products, including by: (1) permitting the vessel's operator to suspend the vessel's satellite tracking device; or (2) 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 Iranian-owned or-controlled entity. Authorizes the President to ban such ships from entering a port in the United States for up to two years. Prohibits the President from imposing sanctions pursuant to this section on a person that provides underwriting services or insurance or reinsurance if such person has exercised due diligence in establishing policies and controls to ensure that the person does not provide underwriting services or insurance or reinsurance for the transportation of Iranian crude oil or refined petroleum products in a manner for which sanctions may be imposed. (Sec. 203) Directs the President to impose five or more specified sanctions on a person that exported, transferred, or otherwise facilitated the transshipment of goods, services, or technology to any other person and: (1) knew or should have known that such action would likely result in another person providing the goods, services, or technology to Iran; and (2) the export, transfer, transshipment, or other provision of such goods, services, or technology would contribute materially to Iran's ability to acquire or develop chemical, biological, nuclear, or advanced conventional weapons. Directs the President to impose five or more specified sanctions on a person that knowingly participated in certain joint ventures with Iran's government, Iranian entities, or persons acting for or on behalf of Iran in the mining, production, or transportation of uranium. Exempts from such sanctions a person that withdraws from the joint venture within 180 days after enactment of this Act. (Sec. 204) Authorizes the President to: (1) prohibit any U.S. person from investing in or purchasing significant amounts of equity or debt instruments of a sanctioned person; (2) direct the Secretary of State to exclude from the United States an alien who is a corporate officer, principal, or controlling shareholder in a sanctioned firm; and (3) impose sanctions against the principal executive officer or other principal executive officers of a sanctioned firm. (Sec. 205) Authorizes the President to: (1) waive energy sector sanctions on a case-by-case basis for not more than one year if essential to U.S. national security interests, (2) waive WMD/military-related sanctions on a case-by-case basis for not more than one year if vital to U.S. national security interests, and (3) extend such waivers for additional one-year periods. (Sec. 206) Directs the Secretary to brief Congress every 120 days on efforts to implement the Act. (Sec. 207) Defines specified terms. (Sec. 208) Expresses the sense of Congress that: (1) Iran's energy sector remains a zone of proliferation concern since Iran continues to divert substantial petroleum revenues to finance its illicit nuclear and missile activities, and (2) the President should apply the full range of sanctions to address the Iranian threat. Subtitle B: Additional Measures Relating to Sanctions Against Iran - (Sec. 211) Directs the President to block the property and property interests in the United States or under the control of a U.S. person of a person that knowingly provides ships, insurance or reinsurance, or other shipping services for transportation of goods that materially contribute to Iran's proliferation of WMD program or its terrorism-related activities. Authorizes the President to waive such provisions if vital to U.S. national security interests. (Sec. 212) Directs the President to impose five or more specified sanctions on a person that provides underwriting services or insurance or reinsurance for the National Iranian Oil Company (NIOC), the National Iranian Tanker Company (NITC), or a successor entity. Authorizes the President to not impose such sanctions on a person that provides underwriting services or insurance or reinsurance if such person has exercised due diligence in establishing controls to ensure that such services are not provided to the NIOC, the NITC, or a successor entity. Prohibits the President from imposing such sanctions for any activity relating solely to the provision of agricultural commodities, food, medicine, medical devices, or humanitarian assistance to the people of Iran. (Sec. 213) Directs the President to impose five or more specified sanctions on a person that knowingly subscribes to, or facilitates the issuance of, Iranian sovereign debt or the debt of any entity owned or controlled by Iran. (Sec. 214) Amends the Comprehensive Iran Sanctions, Accountability, and Divestment Act of 2010 to impose sanctions on persons (and entities) controlled or owned by a person sanctioned by U.N. Security Council resolutions regarding Iran. (Sec. 215) Imposes sanctions on foreign institutions that facilitate transactions or facilitate or provide significant services to persons whose property is blocked for participating in certain activities relating to Iran's proliferation of WMD or support of terrorism. (Sec. 216) Directs the Secretary of the Treasury to revise specified regulations and report to Congress regarding access to U.S. financial institutions for foreign financial institutions that knowingly act on behalf of certain Iranian banks. (Sec. 217) Continues specified sanctions regarding blocking the property of the Iranian government and Iranian financial institutions, foreign sanctions evaders, and the Central Bank of Iran until the President makes specified certifications to Congress regarding ending Iranian financial assistance for WMD/military programs, international terrorism, and the Islamic Revolutionary Guard Corps (IRGC). (Sec. 218) Prohibits an entity owned or controlled by a U.S. person and established or maintained outside the United States from engaging in any transaction with Iran or a person under Iran's jurisdiction that would be prohibited if the transaction were engaged in by a U.S. person or in the United States. Imposes specified civil penalties for violations of such prohibition. Exempts from such provisions a person that divests or terminates its business with the entity within 180 days after enactment of this Act. (Sec. 219) Amends the Securities Exchange Act of 1934 to require securities issuers to disclose in detail in their mandatory annual or quarterly reports to the Securities and Exchange Commission (SEC) whether they or their affiliates have: (1) engaged in certain activities relating to Iran, terrorism, and the proliferation of weapons of mass destruction; (2) knowingly engaged in specified activities, or knowingly violated certain regulations prescribed under the Comprehensive Iran Sanctions, Accountability, and Divestment Act of 2010; (3) knowingly conducted any transaction or dealing with a person whose property and interests in property are blocked by certain Executive Orders; or (4) knowingly conducted a transaction or dealing with any person listed in the Iranian Transactions Regulations. Requires: (1) an issuer to disclose in a separate SEC filing that any such activity has been included in an annual or quarterly report, (2) the SEC to transit the report to the President and Congress, and (3) the President to initiate an investigation into the possible imposition of sanctions. (Sec. 220) Expresses the sense of Congress that: (1) providers of specialized financial messaging services are a critical link to the international financial system, (2) the European Union (EU) is to be commended for strengthening the multilateral sanctions regime against Iran by deciding that specialized financial messaging services may not be provided to the Central Bank of Iran and other sanctioned Iranian financial institutions by persons subject to EU jurisdiction, and (3) the loss of access by sanctioned Iranian financial institutions to specialized financial messaging services must be maintained. Requires the Secretary of the Treasury to report to Congress regarding persons that provide specialized financial communications services to the Central Bank of Iran or other sanctioned financial institutions and efforts by the Secretary to terminate such services. Authorizes the President to impose specified sanctions against a person providing or facilitating such services. (Sec. 221) Directs the President to publish a list of senior Iranian officials (and family members) involved in Iran's: (1) illicit nuclear activities or WMD proliferation, (2) support for international terrorism, or (3) human rights abuses against Iranian citizens. Prohibits such persons from being granted U.S. immigration status or admitted into the United States, except pursuant to the United Nations Headquarters Agreement. Authorizes the President to waive such provisions if essential to U.S. national security interests. (Sec. 222) Expresses the sense of Congress that the United States should support appropriate state and local actions, including determining how investment assets are valued for purposes of safety and soundness of financial institutions and insurers, that are consistent with and in furtherance of the purposes of this Act and other Acts amended by this Act. (Sec. 223) Sets forth reporting requirements regarding: (1) foreign entities investing in Iran's energy sector; and (2) petroleum imports to, and exports from, Iran. Title III: Sanctions with Respect to Iran's Revolutionary Guard Corps - Subtitle A: Identification of, and Sanctions with Respect to, Officials, Agents, Affiliates, and Supporters of Iran's Revolutionary Guard Corps and Other Sanctioned Persons - (Sec. 301) Directs the President to identify and designate for sanctions, exclusion from the United States, and freezing of assets IRGC officials, affiliates, and agents that are not already designated for the imposition of sanctions pursuant to the International Emergency Economic Powers Act. Requires investigative priority for foreign persons: (1) identified with the government of Iran; and (2) that have conducted transactions with Iran relating to petroleum, petrochemicals, energy resources, finances, nuclear, chemical or ballistic weapons, or sensitive technologies. Authorizes the President to waive such sanctions if vital for U.S. national security interests. (Sec. 302) Directs the President to identify and impose specified mandatory and discretionary sanctions upon a foreign person that knowingly: (1) assists or engages in any significant transactions with the IRGC or its agents and affiliates, (2) engages in any significant transactions with a person subject to U.N. sanctions relating to Iran. Authorizes the President to waive the imposition of sanctions if the person has terminated the activity or for reasons of U.S. national security. (Sec. 303) Directs the President to submit a report to Congress that identifies each foreign government agency (other than in Iran) that knowingly supported or materially engaged in a significant transaction with any foreign person that: (1) is an IRGC official, agent, or affiliate subject to specified sanctions; (2) is subject to specified U.N. financial sanctions; or (3) the agency knows is acting on behalf of or controlled by a person described in clause (1) or (2). Authorizes the President to impose upon an identified agency specified prohibitions and or restrictions regarding: (1) foreign assistance; (2) defense articles and services, including munitions list items; (3) security-controlled goods or technologies; and (4) financial or technical assistance. (Sec. 304) States that nothing in this subtitle shall be construed to limit the President's authority to designate foreign persons for the imposition of sanctions pursuant to the International Emergency Economic Powers Act. Subtitle B: Additional Measures Relating to Iran's Revolutionary Guard Corps - (Sec. 311) Amends the Iran Sanctions Act of 1996 to require certification by prospective U.S. government contractors that neither they nor their subsidiaries have engaged in significant economic transactions with the IRGC, or its officials, agents, or affiliates whose property is blocked pursuant to the International Emergency Economic Powers Act. Establishes a minimum two-year (currently, not more than three-year) procurement ban for violators. (Sec. 312) Expresses the sense of Congress that the NIOC and the NITC are not only owned and controlled by the government of Iran but that these companies provide the IRGC with significant support. Amends the Comprehensive Iran Sanctions, Accountability, and Divestment Act of 2010 to direct the Secretary of the Treasury to determine whether the NIOC or the NITC is an IRGC agent or affiliate and submit such determination to Congress. States that such provisions shall apply to petroleum transactions for the NIOC or the NITC 180 days after enactment of this Act, but only if the President determines that there is a sufficient supply of petroleum and petroleum products in countries other than Iran to permit purchasers to significantly reduce petroleum and petroleum product purchases from Iran. Provides an exception for a financial institution of a country that is significantly reducing purchases of Iranian petroleum or petroleum products. Title IV: Measures Relating to Human Rights Abuses in Iran - Subtitle A: Expansion of Sanctions Relating to Human Rights Abuses in Iran - (Sec. 401) Expresses the sense of Congress that the Supreme Leader of Iran, the President of Iran, senior members of the Intelligence Ministry of Iran, senior members of Iran's Revolutionary Guard Corps, Ansar-e-Hezbollah and Basij-e-Mostaz'afin, and the Ministers of Defense, Interior, Justice, and Telecommunications are responsible for directing a pattern of serious human rights abuses against the Iranian people, and thus the President should include such persons on the list of persons who are responsible for or complicit in committing serious human rights abuses subject to sanctions pursuant to the Comprehensive Iran Sanctions, Accountability, and Divestment Act of 2010. Directs the Secretary to report to Congress regarding whether each such person is responsible for or complicit in directing the commission of serious human rights abuses against citizens of Iran or their family members on or after June 12, 2009, regardless of whether such abuses occurred in Iran. (Sec. 402) Amends the Comprehensive Iran Sanctions, Accountability, and Divestment Act of 2010 to direct the President to identify and submit a list to Congress of persons that have knowingly transferred to Iran goods or technology or provided post-transfer services that are likely to be used by the government of Iran to commit human rights abuses. Directs the President to: (1) freeze the assets of listed persons, and (2) impose additional sanctions if such transfers are made to the IRGC. (Sec. 403) Expresses the sense of Congress that: (1) satellite service providers and other entities that have contracts to provide satellite services to the government of Iran or its entities should cease providing broadcast services unless Iran ceases jamming or restricting satellite signals, and (2) the United States should address the illegal Iranian jamming of satellite signals through the United Nations International Telecommunications Union. Directs the President to submit a list to Congress of, and impose specified sanctions against, persons who after June 12, 2009, have engaged in censorship or repression of the rights of freedom of expression or assembly, or that limit the media access of Iran's citizens. Subtitle B: Additional Measures to Promote Human Rights - (Sec. 411) States that certain property and U.S. entry sanctions regarding Iran and Syria for grave human rights abuses through the use of information technology shall remain in effect: (1) with respect to Iran, until the date that is 30 days after the date on which the President makes a specified certification to Congress; and (2) with respect to Syria, until the date on which sanctions imposed pursuant to title VII terminate. (Sec. 412) Directs the Secretary to: (1) issue guidelines describing technologies that may be considered "sensitive technology" pursuant to the Comprehensive Iran Sanctions, Accountability, and Divestment Act of 2010, with special attention to jamming, monitoring, and surveillance technology relating to mobile telecommunications and the Internet; (2) determine the types of technologies that enable Iran to disrupt and monitor information and communications; and (3) review the guidelines at least once a year. (Sec. 413) Requires the Office of Foreign Assets Control to expedite processing of Iran-related humanitarian, human rights and democratization aid by entities receiving funds from the Department of State, the Broadcasting Board of Governors, and other U.S. agencies. (Sec. 414) Directs the Secretary to submit a comprehensive strategy to Congress regarding the promotion of Internet freedom and information access in Iran. (Sec. 415) States that is U.S. policy to: (1) support efforts to identify prisoners of conscience and cases of human rights abuses in Iran; (2) offer refugee status or political asylum in the United States to Iranian political dissidents if requested and consistent with U.S. laws and national security interests; (3) offer to assist, through the the United Nations High Commissioner for Refugees, in the relocation of such political prisoners to other countries if requested and consistent with U.S. national security interests; and (4) raise awareness of individual cases of Iranian dissidents and prisoners of conscience. Title V: Miscellaneous - (Sec. 501) Denies admission to, or excludes from, the United States an Iranian citizen seeking to enter the United States to study at an institution of higher education to prepare for a career in Iran's energy or nuclear sectors. (Sec. 502) Makes available for attachment, with respect to judgments entered against Iran for damages for personal injury or death caused by an act of torture, extrajudicial killing, aircraft sabotage, or hostage-taking, or the provision of material support or resources for such an act, a financial asset that is: (1) property in the United States of a foreign securities intermediary doing business in the United States, (2) a blocked asset that is property identified in and the subject of proceedings in Peterson et al. v. Islamic Republic of Iran et al., and (3) equal in value to a financial asset of Iran that such foreign securities intermediary or a related intermediary holds abroad. (Sec. 503) Amends the National Defense Authorization Act for Fiscal Year 2012 to exclude the transfer of agricultural commodities from specified sanctionable activities with Iran. (Sec. 504) Limits the types of transactions that financial institutions in countries that have received an exemption for reducing Iranian petroleum imports may continue to do with Iran. (Sec. 505) Directs the Administrator of the Energy Information Administration to report to the President and Congress regarding: (1) Iranian natural gas exports, (2) the principal purchasing countries of such gas and alternative supplies of natural gas available to them, and (3) the impact of a reduction in Iranian natural gas exports on global supplies and prices. Directs the President to report to Congress regarding: (1) the extent to which revenues from exports of Iranian natural gas are enriching the government of Iran, (2) the effectiveness of a sanctions regime on such exports, (3) the geostrategic implications of a reduction in such exports, and (4) measures to limit Iran's revenues from such exports. (Sec. 506) Sets forth reporting requirements regarding Iranian membership in, and U.S. contributions to, international organizations. (Sec. 507) Expresses the sense of Congress that licenses to export or reexport goods, services, or technologies for U.S.-produced aircraft should be provided only if essential and in a manner consistent with U.S. laws and foreign policy goals. Title VI: General Provisions - (Sec. 601) Authorizes the President to apply certain penalties under the International Emergency Economic Powers Act to persons violating specified provisions of this Act, the Comprehensive Iran Sanctions Accountability and Divestment Act of 2010, and the Comprehensive Iran Sanctions, Accountability, and Divestment Act of 2010. (Sec. 602) Prohibits anything in this Act from applying to authorized U.S. intelligence activities. (Sec. 603) States that nothing in this Act shall apply to a project: (1) for the development of natural gas and the construction and operation of a pipeline to transport natural gas from Azerbaijan to Turkey and Europe; (2) that provides Turkey, and countries in Europe, with energy security and energy independence from Russia and other governments with jurisdiction over persons sanctioned under this Act; and (3) that was initiated before the date of the enactment of this Act pursuant to a production-sharing agreement entered into with, or a license granted by, the government of a country other than Iran. States that such exception shall not apply to a project in which the equity of an Iranian entity has increased beyond the equity it held as of January 1, 2002. (Sec. 604) States that nothing in this Act shall be construed as a declaration of war or an authorization of the use of force against Iran or Syria. (Sec. 605) States that sections 211, 212, 213, 218, 220, 221, 501, title I, and subtitle A of title III shall terminate on the date that is 30 days after the date on which the President makes a specified certification under the Comprehensive Iran Sanctions, Accountability, and Divestment Act of 2010. Title VII: Sanctions with Respect to Human Rights Abuses in Syria - Syria Human Rights Accountability Act of 2012 - (Sec. 702) Directs the President to submit a list to Congress of, and impose specified sanctions on, Syrian government officials or persons acting on behalf of that government who are responsible for or complicit in the commission of serious human rights abuses against Syrian citizens or their family members, regardless of whether such abuses occurred in Syria. (Sec. 703) Directs the President to submit a list to Congress of, and impose specified sanctions on, persons who knowingly transfer or facilitate the transfer of goods or technologies (weapons, surveillance technology, or technology to restrict free speech or the flow of information) that are likely to be used by Syria to commit human rights abuses against the Syrian people. (Sec. 704) Directs the President to submit a list to Congress of, and impose specified sanctions on, persons who engage in censorship that prohibits, limits, or penalizes freedom of expression by Syrian citizens. (Sec. 705) Authorizes the President to waive the requirement to include a person on a list or to impose sanctions under this title if such waiver is in U.S. national security interests. (Sec. 706) Terminates such listing provisions if the President certifies to Congress that the government of Syria has met certain conditions.

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