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H.R. 2106 (112th): Syria Freedom Support Act

The text of the bill below is as of Jun 3, 2011 (Introduced).


I

112th CONGRESS

1st Session

H. R. 2106

IN THE HOUSE OF REPRESENTATIVES

June 3, 2011

(for herself and Mr. Engel) introduced the following bill; which was referred to the Committee on Foreign Affairs, and in addition to the Committees on the Judiciary, Ways and Means, Financial Services, and Oversight and Government Reform, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned

A BILL

To strengthen sanctions against the Government of Syria, to enhance multilateral commitment to address the Government of Syria’s threatening policies, to establish a program to support a transition to a democratically elected government in Syria, and for other purposes.

1.

Short title; table of contents

(a)

Short title

This Act may be cited as the Syria Freedom Support Act.

(b)

Table of contents

The table of contents of this Act is as follows:

Sec. 1. Short title; table of contents.

Sec. 2. Definitions.

Title I—Strengthening United States sanctions against Syria

Sec. 101. Findings.

Sec. 102. Declarations of policy.

Sec. 103. Codification of existing sanctions and continuation of restrictions against the Government of Syria.

Sec. 104. Mandatory sanctions with respect to development of weapons of mass destruction or other military capabilities.

Sec. 105. Amendment to the Syria Accountability and Lebanese Sovereignty Restoration Act of 2003.

Title II—Sanctions targeting Syria's energy sector

Sec. 201. Findings.

Sec. 202. Sense of Congress.

Sec. 203. Declaration of policy.

Sec. 204. Multilateral regime.

Sec. 205. Imposition of sanctions.

Sec. 206. Description of sanctions.

Sec. 207. Advisory opinions.

Sec. 208. Termination of sanctions.

Sec. 209. Duration of sanctions.

Sec. 210. Reports required.

Sec. 211. Determinations not reviewable.

Sec. 212. Exclusion of certain activities.

Sec. 213. Effective date.

Title III—Syria nuclear weapons prevention

Sec. 301. Findings.

Sec. 302. Actions within the International Atomic Energy Agency.

Sec. 303. Restrictions on nuclear cooperation with countries assisting the nuclear program of Syria.

Sec. 304. Exclusion from the United States of senior officials of foreign persons who have aided the nuclear program of Syria.

Title IV—Diplomatic efforts to isolate the Government of Syria

Sec. 401. Sense of Congress relating to bilateral efforts.

Sec. 402. Opposition to Syria’s membership and candidacy for leadership posts in United Nations institutions.

Sec. 403. Report on assistance to, and commerce with, Syria.

Title V—Assistance to support democracy in Syria

Sec. 501. Declarations of policy.

Sec. 502. Assistance to support a transition to democracy in Syria.

Sec. 503. Condemnation of Syrian human rights abuses.

Sec. 504. Imposition of sanctions on certain persons responsible for or complicit in human rights abuses committed against citizens of Syria or their family members.

Sec. 505. Imposition of sanctions with respect to the transfer of goods or technologies to Syria that may be used to commit human rights abuses.

Sec. 506. Comprehensive strategy to promote internet freedom and access to information in Syria.

Title VI—General provisions

Sec. 601. Denial of visas for Government of Syria.

Sec. 602. Sunset.

2.

Definitions

In this Act:

(1)

Act of international terrorism

The term act of international terrorism means an act—

(A)

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

(B)

which appears to be intended—

(i)

to intimidate or coerce a civilian population;

(ii)

to influence the policy of a government by intimidation or coercion; or

(iii)

to affect the conduct of a government by assassination or kidnapping.

(2)

Appropriate congressional committees

The term appropriate Congressional committees means the Committee on Foreign Affairs and the Committee on Appropriations of the House of Representatives; and the Committee on Foreign Relations and the Committee on Appropriations of the Senate.

(3)

Component part

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)).

(4)

Develop and development

To develop, or the development of, petroleum resources means the exploration for, or the extraction, refining, or transportation by pipeline of, petroleum resources.

(5)

Financial institution

The term financial institution includes—

(A)

a depository institution (as defined in section 3(c)(1) of the Federal Deposit Insurance Act), including a branch or agency of a foreign bank (as defined in section 1(b)(7) of the International Banking Act of 1978);

(B)

a credit union;

(C)

a securities firm, including a broker or dealer;

(D)

an insurance company, including an agency or underwriter;

(E)

any other company that provides financial services including, but not limited to joint ventures, partnerships or investments with Syrian government-controlled entities or affiliated entities.

(6)

Finished product

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)) and includes any Syrian-origin petroleum or petroleum product.

(7)

Foreign person

The term foreign person means—

(A)

an individual who is not a United States person or an alien lawfully admitted for permanent residence into the United States; or

(B)

a corporation, partnership, joint venture, cooperative ventures or other nongovernmental entity which is not a United States person.

(8)

Goods and technology

The terms goods and technology have the meanings given those terms in section 16 of the Export Administration Act of 1979 (50 U.S.C. App. 2415).

(9)

Investment

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 Syria or a nongovernmental entity in Syria on or after the date of the enactment of this Act:

(A)

The entry into a contract that includes responsibility for the development of petroleum resources located in Syria, or the entry into a contract providing for the general supervision and guarantee of another person’s performance of such a contract.

(B)

The purchase of a share of ownership, including an equity interest, in that development.

(C)

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.

The term investment does not include the entry into, performance, or financing of a contract to sell or purchase goods, services, or technology. For purposes of this paragraph, an amendment or other modification that is made, on or after the date of enactment of this Act, to an agreement or contract shall be treated as the entry of an agreement or contract.
(10)

Syria

The term Syria includes any agency or instrumentality of Syria, including any Syrian-linked or Syrian-controlled entity.

(11)

Syrian diplomats and representatives of other government and military or quasi-governmental institutions of Syria

The term Syrian diplomats and representatives of other government and military or quasi-governmental institutions of Syria includes employees, representatives, affiliates, agents, instrumentalities, or persons of the Government of Syria.

(12)

Knowingly

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.

(13)

Nuclear explosive device

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) that is greater than the amount of energy that would be released from the detonation of one pound of trinitrotoluene (TNT).

(14)

Person

The term person means—

(A)

a natural person;

(B)

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, a sole proprietorship, organization, association, corporation, partnership, limited liability company, venture, joint venture, or other entity, its subsidiary, or affiliate;

(C)

a company owned or controlled, either directly or indirectly, by the government of a foreign country, that is established or organized under the laws of, or has its principal place of business in, such foreign country and includes United States subsidiaries of the same;

(D)

any individual or entity that directly or indirectly controls, is controlled by, or is under common control with, the company, including without limitation direct and indirect subsidiaries of a company; and

(E)

any successor to any entity described in subparagraph (B).

The term person does not include a government or governmental entity that is not operating as a business enterprise.
(15)

Petroleum resources

The term petroleum resources includes petroleum and natural gas resources 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.

(16)

Refined petroleum products

The term refined petroleum products means diesel, gasoline, jet fuel (including naphtha-type and kerosene-type jet fuel), and aviation gasoline.

(17)

United States or State

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.

(18)

United States person

The term United States person means—

(A)

a natural person who is a citizen of the United States or who owes permanent allegiance to the United States; and

(B)

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.

(19)

United States assistance

The term United States assistance means—

(A)

any assistance under the Foreign Assistance Act of 1961 (22 U.S.C. 2151 et seq.), other than urgent humanitarian assistance or medicine;

(B)

sales and assistance under the Arms Export Control Act (22 U.S.C. 2751 et seq.);

(C)

financing by the Commodity Credit Corporation for export sales of agricultural commodities; or

(D)

financing under the Export-Import Bank Act of 1945 (12 U.S.C. 635 et seq.).

(20)

Admitted; alien

The terms admitted and alien have the meanings given those terms in section 101(a) of the Immigration and Nationality Act (8 U.S.C. 1101(a)).

I

Strengthening United States sanctions against Syria

101.

Findings

Congress makes the following findings:

(1)

On April 29, 2011, the President transmitted to Congress a message continuing the national emergency with respect to Syria, stating that [the Government of Syria’s] actions and policies, including continuing support for terrorist organizations, damaging the Lebanese government’s ability to function, and pursuit of weapons of mass destruction and missile programs, continue to pose an unusual and extraordinary threat to the national security, foreign policy, and economy of the United States..

(2)

United Nations Security Council Resolution 1373 (2001) mandates that all states refrain from providing any form of support, active or passive, to entities or persons involved in terrorist acts, take the necessary steps to prevent the commission of terrorist acts, and deny safe haven to those who finance, plan, support, or commit terrorist acts.

(3)

The Government of Syria is currently prohibited by United States law from receiving United States assistance because it has repeatedly provided support for acts of international terrorism, as determined by the Secretary of State for purposes of section 6(j)(1) of the Export Administration Act of 1979 (50 U.S.C. App. 2405(j)(1)) and other relevant provisions of law.

(4)

The Department of State’s Country Reports on Terrorism for 2009 state that Syria continue[s] to provide safe-haven as well as political and other support to a number of designated Palestinian terrorist groups, including HAMAS, Palestinian Islamic Jihad (PIJ), and the Popular Front for the Liberation of Palestine-General Command (PFLP–GC) … The operational leadership of many of these groups is headquartered or sheltered in Damascus … Syria allows terrorist groups resident in its territory to receive and ship goods, including weapons, in and out of the country. Additionally, the Syrian government provided diplomatic, political and material support to Hizballah in Lebanon and allowed Iran to supply this organization with weapons. Weapons flow from Iran through Syria, and directly from Syria, to Hizballah despite UN Security Council resolution 1701 of 2006, which imposes an arms embargo on Lebanon except with the consent of the Lebanese government … Syria has maintained its ties with its strategic ally, and fellow state sponsor of terrorism, Iran..

(5)

The Department of State’s Country Reports on Terrorism for 2009 state that The existence of foreign fighter facilitation networks in Syria [for entry into Iraq] … remains troubling … Syria has long provided sanctuary and political support for certain former Iraqi regime elements (FRE) … In 2008, the United States designated several Iraqis and Iraqi-owned entities residing in Syria under Executive Order 13438 for providing financial, material, and technical support for acts of violence that threatened the peace and stability of Iraq … Additionally, the United States designated one Syria-based individual in 2007 under E.O. 13224 for providing financial and material support to AQI and six others under E.O. 13315 as FRE or family members of FRE, some of whom had provided financial assistance to the Iraqi insurgency..

(6)

According to the Message and Notice from the President on the Continuation of the National Emergency with Respect to Syria dated April 29, 2011, the Government of Syria is damaging the Lebanese government’s ability to function.

(7)

According to the Office of the Director of National Intelligence’s Unclassified Report to Congress on the Acquisition of Technology Relating to Weapons of Mass Destruction and Advanced Conventional Munitions for the year 2010, Syria … was engaged for more than a decade in a covert nuclear program with North Korean assistance. The program involved construction of a nuclear reactor at Al Kibar without informing the IAEA and while taking measures to preserve the site’s secrecy. We assess the reactor would have been capable of producing plutonium for nuclear weapons. The reactor was destroyed in September 2007, before it became operational, and Syria went to great lengths to try to eradicate evidence of its existence and remains generally uncooperative with the IAEA investigation. The covert nature of the program, the characteristics of the reactor, and Syria’s extreme efforts to deny and destroy evidence of the reactor after its destruction are inconsistent with peaceful nuclear applications..

(8)

According to the Office of the Director of National Intelligence’s Unclassified Report to Congress on the Acquisition of Technology Relating to Weapons of Mass Destruction and Advanced Conventional Munitions for the year 2010, Syria possesses one of the largest ballistic missile forces in the Middle East, including liquid-propellant Scud SRBMs and Scud-class variants such as Scud C and D. Syria also fields the SS–21 solid-propellant SRBM. Syria remains dependent on foreign suppliers such as North Korea and Iran for some ballistic missile technology; however, Syria has growing domestic capabilities and poses the risk of missile proliferation..

(9)

According to the Office of the Director of National Intelligence’s Unclassified Report to Congress on the Acquisition of Technology Relating to Weapons of Mass Destruction and Advanced Conventional Munitions for the year 2010, Syria continue[s] to seek dual-use technology from foreign sources … Syria has had a [chemical weapons] program for many years and has a stockpile of [chemical weapons] agents, which can be delivered by aerial bombs, ballistic missiles, and artillery rockets … Syria’s biotechnical infrastructure is capable of supporting [biological weapons] agent development..

(10)

Under the Treaty on the NonProliferation of Nuclear Weapons (21 U.S.T. 483), which entered force on March 5, 1970, and to which Syria is a party, Syria has undertaken not to acquire or produce nuclear weapons and has accepted full scope safeguards of the International Atomic Energy Agency to detect diversions of nuclear materials from peaceful activities to the production of nuclear weapons or other nuclear explosive devices.

(11)

Syria is not a party to the Chemical Weapons Convention or the Biological Weapons Convention, which entered into force on April 29, 1997, and on March 26, 1975, respectively.

(12)

According to the Department of State’s 2010 Country Reports on Human Rights Practices, [Syria is] under the authoritarian regime of President Bashar al-Asad … [In 2010, t]he government systematically repressed citizens’ ability to change their government. The security forces committed arbitrary or unlawful killings, caused politically motivated disappearances, and tortured and physically abused prisoners and detainees with impunity. Security forces arrested and detained individuals under poor conditions without due process. Lengthy pretrial and incommunicado detention remained a serious problem. The judiciary was not independent. There were political prisoners and detainees, and during the year the government sentenced to prison several high-profile members of the human rights and civil society communities. The government violated citizens’ privacy rights. The government imposed severe restrictions on civil liberties: freedoms of speech and press, including Internet and academic freedom; freedoms of assembly and of association, including severe restrictions on nongovernmental organizations (NGOs); and freedoms of religion and movement. An atmosphere of corruption pervaded the government. Violence and societal discrimination against women continued, as did sexual exploitation, increasingly of Iraqi refugees, including minors. The government discriminated against minorities, particularly Kurds, and severely restricted workers rights..

(13)

Since March of 2011, the Government of Syria has expanded its repression and human rights violations, killing hundreds of Syrians and reportedly detaining or imprisoning many others.

(14)

In May of 2011, the European Union imposed sanctions on a number of Syrian officials, including the President of Syria, and other Syrian persons for their role in human rights abuses.

(15)

The Government of Syria remains dependent on Syria’s energy sector for revenue, even as Syria’s petroleum production has largely declined in recent years due to diminishing reserves and limited refining capacity.

(16)

The Government of Syria’s ability to generate additional revenue for its threatening activities, via expanding Syria’s refining capacity and significantly increasing petroleum production and exports, is heavily dependent on obtaining increased foreign investment in Syria’s energy sector.

102.

Declarations of policy

Congress makes the following declarations of policy:

(1)

The actions of the Government of the Syria, including its support for, and facilitation of, terrorist activities, including inside of Iraq, its development of long-range missiles and weapons of mass destruction programs and capabilities, its continued interference with the internal affairs of the Lebanese Republic in violation of multiple United Nations Security Council resolutions and of its international obligations, and its massive, systematic, and extraordinary violations of human rights of the Syrian people, are a threat to the national security of the United States and international peace.

(2)

The policy of the United States shall be to deny the Government of Syria the ability to carry out the following:

(A)

To finance, provide safe-haven, or otherwise support terrorist organizations.

(B)

To develop chemical, biological, radiological, or nuclear weapons and long-range ballistic missiles.

(C)

To continue to interfere in the affairs of the Government of Lebanon in contravention of multiple United Nations Security Council resolutions and other pertinent obligations.

(D)

To continue to oppress the people of Syria.

(3)

The President should advocate for, and should instruct the United States Permanent Representative to the United Nations to propose and seek within the United Nations Security Council, a mandatory international embargo against the Government of Syria, pursuant to Article 41 of the Charter of the United Nations.

(4)

Any effort by a country that is a recipient of United States assistance to facilitate, directly or indirectly, the development of Syria’s chemical, biological, radiological, or nuclear weapons capabilities, long-range ballistic missile development programs, or to help make operational any nuclear facility in Syria will have a detrimental impact on United States assistance to, or commercial and financial relations with, such country.

103.

Codification of existing sanctions and continuation of restrictions against the Government of Syria

(a)

Restrictions relating to certain provisions of law

Restrictions against the Government of Syria, and on persons by reason of their direction of, or contribution to, activities of the Government of Syria, that were imposed pursuant to the Code of Federal Regulations, sections 4 and 5 of Executive Order 12938, sections 1, 2, and 3 of Executive Order 13338, section 1 of Executive Order 13399, sections 1 and 2 of Executive Order 13460, Executive Order 13572, Executive Order 13573, section 311 of the USA PATRIOT Act (Public Law 107–56, 115 Stat. 272), the Export Administration Act of 1979 (Public Law 96–72, 50 U.S.C. App. 2401 et seq.), the Syria Accountability and Lebanese Sovereignty Restoration Act of 2003 (Public Law 108–175, 22 U.S.C. 2151 note), the Iran, North Korea, and Syria Nonproliferation Act (Public Law 106–178, 50 U.S.C. 1701 note), or any similar provision of law, as in effect on the date of the enactment of this Act, shall remain in effect and may not be lifted pursuant to such provisions of law until the President certifies to the appropriate congressional committees that the Government of Syria—

(1)

has ceased all support for terrorism, including by meeting the requirements of paragraphs (2), (3), and (4) of subsection (b), and has not provided such support during the preceding 5-year period and has not been determined by the Secretary of State, for the purposes of section 6(j) of the Export Administration Act of 1979, section 620A of the Foreign Assistance Act of 1961, section 40 of the Arms Export Control Act, or any other provision of law, to be a government that has repeatedly provided support for acts of international terrorism at any time during such 5-year period;

(2)
(A)

has permanently dismantled Syria’s chemical, biological, radiological, and nuclear weapons programs;

(B)

has ceased all efforts to design, develop, manufacture, or acquire—

(i)

a nuclear explosive device or related materials and technology;

(ii)

chemical, biological, and radiological weapons; and

(iii)

ballistic missiles and ballistic missile launch technology; and

(C)

has taken demonstrable steps to combat the proliferation of such weapons;

(3)

does not pose a threat to United States national security, United States interests, and United States allies in the region;

(4)

respects the boundaries, sovereignty, and right to exist of all neighboring countries;

(5)

upholds and defends the human rights and civil liberties of its people;

(6)

has legalized all political activity;

(7)

has made public commitments to organizing free and fair elections for a new government—

(A)

to be held within a period not to exceed 180 days after the date on which the President makes the determination and certification to the appropriate congressional committees under this subsection;

(B)

with the participation of multiple independent political parties that have full access to the media on an equal basis, including (in the case of radio, television, or other telecommunications media) in terms of allotments of time for such access and the times of day such allotments are given; and

(C)

to be conducted under the supervision of internationally recognized observers; and

(8)

made public commitments to and is making demonstrable progress in—

(A)

establishing an independent judiciary; and

(B)

respecting internationally recognized human rights and basic freedoms as recognized in the Universal Declaration of Human Rights.

(b)

Restrictions relating to state sponsor of terrorism determination

Restrictions against the Government of Syria that were imposed by reason of a determination by the Secretary of State that the Government of Syria, for purposes of section 6(j) of the Export Administration Act of 1979 (as continued in effect pursuant to the International Emergency Economic Powers Act), section 40 of the Arms Export Control Act, section 620A of the Foreign Assistance Act of 1961, or other provision of law, is a government that has repeatedly provided support for acts of international terrorism, shall remain in effect, and shall not be lifted pursuant to such provisions of law, unless the President certifies to the appropriate congressional committees that the Government of Syria—

(1)

is not engaged in the illegal transfer of missile or nuclear technology to the Government of North Korea or to any country the government of which the Secretary of State has determined, for purposes of any of the provisions of law specified in the matter preceding this paragraph, is a government that has repeatedly provided support for acts of international terrorism;

(2)

is no longer engaged in training, harboring, supplying, financing, or supporting in any way—

(A)

Hamas, Hezbollah, Palestinian Islamic Jihad, the Popular Front for the Liberation of Palestine, the Popular Front for the Liberation of Palestine-General Command, the Democratic Front for the Liberation of Palestine, Fatah al-Intifada, or Fatah al-Islam;

(B)

any other organization designated by the Secretary of State as a foreign terrorist organization in accordance with section 219(a) of the Immigration and Nationality Act (8 U.S.C. 1189(a));

(C)

any person included on the Annex to Executive Order 13224 (September 23, 2001) and any other person identified under section 1 of that Executive Order whose property and interests in property are blocked by such section (commonly known as a specially designated global terrorist);

(D)

any person designated under section 3 of Executive Order 13338 (May 13, 2004) or under section 1 of Executive Order 13438 (July 17, 2007);

(E)

the Syrian Social Nationalist Party;

(F)

any other person or organization contributing to instability in Lebanon or Iraq; and

(G)

any agency, instrumentality, affiliate, or successor organization of the organizations listed in subparagraph (A), (B), (C), (D), (E), or (F);

(3)

has immediately and unconditionally stopped facilitating transit from Syria to Iraq of individuals, military equipment, and all lethal items, except as authorized by the representative, internationally recognized Government of Iraq; and

(4)

has ceased its support for volunteers and terrorists who are traveling from and through Syria into Iraq to launch attacks.

104.

Mandatory sanctions with respect to development of weapons of mass destruction or other military capabilities

(a)

In general

Notwithstanding any other provision of law, the President shall impose the sanctions described in subsection (b) if the President determines that a person has, on or after the date of the enactment of this Act exported, transferred, or otherwise provided to Syria any goods, services, technology, or other items knowing that the provision of such goods, services, technology, or other items would contribute materially to the ability of Syria to—

(1)

acquire or develop chemical, biological, or nuclear weapons or related technologies; or

(2)

acquire or develop destabilizing numbers and types of advanced conventional weapons.

(b)

Sanctions

The sanctions to be imposed on a person described in subsection (a) are the following:

(1)

Export-Import Bank assistance for exports to sanctioned persons

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.

(2)

Export sanction

(A)

In general

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—

(i)

the Export Administration Act of 1979;

(ii)

the Arms Export Control Act;

(iii)

the Atomic Energy Act of 1954; or

(iv)

any other statute that requires the prior review and approval of the United States Government as a condition for the export or re-export of goods or services.

(B)

Exceptions

The prohibition in subparagraph (A) does not apply to exports to Syria of—

(i)

agricultural commodities, food, medicine, or medical devices;

(ii)

articles exported to Syria to provide humanitarian assistance to the people of Syria;

(iii)

information or informational materials; or

(iv)

goods, services, or technologies necessary to ensure the safe operation of commercial passenger aircraft produced in the United States if the exportation of such goods, services, or technologies is approved by the Secretary of the Treasury, in consultation with the Secretary of Commerce, pursuant to regulations for licensing the exportation of such goods, services, or technologies, if appropriate.

(3)

Loans from united states financial institutions

The United States Government may prohibit any United States financial institution from making loans or providing credits to any sanctioned person totaling more than $2,000,000 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.

(4)

Prohibitions on financial institutions

The following prohibitions may be imposed against a sanctioned person that is a financial institution:

(A)

Prohibition on designation as primary dealer

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.

(B)

Prohibition on service as a repository of government funds

Such financial institution may not serve as agent of the United States Government or serve as repository for United States Government funds.

(5)

Procurement sanction

The United States Government may not procure, or enter into any contract for the procurement of, any goods or services from a sanctioned person.

(6)

Foreign exchange

The President shall 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.

(7)

Banking transactions

The President shall 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.

(8)

Property transactions

The President shall prohibit any person from—

(A)

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;

(B)

dealing in or exercising any right, power, or privilege with respect to such property; or

(C)

conducting any transaction involving such property.

(9)

Additional sanctions

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).

(c)

Additional mandatory sanctions relating to transfer of nuclear technology

(1)

In general

Except as provided in paragraphs (2) and (3), in any case in which a person is subject to sanctions under subsection (a) because of an activity described in that subsection 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, with respect to the country the government of which has primary jurisdiction over the person, the following shall apply:

(A)

No license may be issued for the export, and no approval may be given for the transfer or retransfer, directly or indirectly, to such country 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.

(B)

The United States Government shall suspend compliance with its obligations under any memorandum of understanding with such 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 such memorandum of understanding through the sale to such country of technical data or assistance or the licensing for export to such country of any component part.

(C)

No item on the United States Munitions List (established pursuant to section 38 of the Arms Export Control Act) may be exported to such country.

(D)

The United States Government shall not issue any license for any export by or to such country.

(E)

The President shall ban the importation of any article that is a product of such country.

(F)

The Secretary of the Treasury shall instruct the United States Executive Director at each international financial institution (as defined in section 1701(c)(2) of the International Financial Institutions Act) to oppose and vote against the extension by such institution of any financial or technical assistance to such country.

(G)

The United States Government shall suspend compliance with its obligations under any technical exchange agreement involving military and dual-use technology between the United States and such country that does not directly contribute to the national security of the United States, and no military or dual-use technology may be exported from the United States to such country pursuant to such agreement during such period.

(2)

Exception

The sanctions described in paragraph (1) 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—

(A)

does not know or have reason to know about the activity; and

(B)

has taken, or is taking, all reasonable steps necessary to prevent a recurrence of the activity and to penalize the person for the activity.

(3)

Individual approval

Notwithstanding paragraph (1), 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 paragraph (1) applies (other than a person that is subject to the sanctions under paragraph (1)) if the President—

(A)

determines that failure to approve the issuance of such license, or to approve such transfer or retransfer, would cause extraordinary harm to the vital national security interests of the United States; and

(B)

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.

(4)

Construction

The restrictions in paragraph (1) shall apply in addition to all other applicable procedures, requirements, and restrictions contained in the Atomic Energy Act of 1954 and other related laws.

(5)

Definition

In this subsection, 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.).

(6)

Applicability

The sanctions under paragraph (1) shall apply only in a case in which a person is subject to sanctions under subsection (a) because of an activity described in that subsection in which the person engages on or after the date of the enactment of this Act.

(d)

Persons against which the sanctions are To be imposed

The sanctions described in subsection (a) shall be imposed on—

(1)

any person the President determines has carried out the activities described in subsection (a); and

(2)

any person that—

(A)

is a successor entity to the person referred to in paragraph (1);

(B)

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

(C)

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.
105.

Amendment to the Syria Accountability and Lebanese Sovereignty Restoration Act of 2003

Section 5 of the Syria Accountability and Lebanese Sovereignty Restoration Act is amended—

(1)

in subsection (a), in paragraph (2), by striking two and inserting four; and

(2)

by striking subsection (b) and redesignating subsections (c) and (d) as subsections (b) and (c), respectively.

II

Sanctions targeting Syria's energy sector

201.

Findings

Congress makes the following findings:

(1)

The efforts of the Government of Syria to acquire nuclear weapons capabilities, develop and expand existing unconventional weapons capabilities and the means to deliver them, both through ballistic missile and asymmetric means, and its support for foreign terrorist organizations and other extremists 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.

(2)

The objective of preventing the proliferation of nuclear weapons capabilities, other unconventional weapons and activities of foreign terrorist organizations and other extremists through existing multilateral and bilateral initiatives requires additional efforts to deny Syria the financial means to sustain its nuclear, chemical, biological, and missile weapons programs.

(3)

The Government of Syria uses its diplomatic facilities and quasi-governmental institutions outside of Syria to support foreign terrorist organizations and other extremists, and assist its nuclear, unconventional weapons and missile programs.

202.

Sense of Congress

It is the sense of Congress that the United States shall fully implement the sanctions against Syria contained in this title.

203.

Declaration of policy

The Congress declares that it is the policy of the United States to deny Syria the ability to support acts of foreign terrorist organizations and extremists, develop unconventional weapons and ballistic missiles, and to fund the development and acquisition of nuclear capabilities and the means to deliver them by limiting the development of Syria’s ability to explore for, extract, refine, or transport by pipeline petroleum resources of Syria.

204.

Multilateral regime

(a)

Multilateral negotiations

In order to further the objectives of section 102, 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 Syria, including provisions limiting the development of petroleum resources, that will inhibit Syria’s efforts to carry out activities described in section 203.

(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, and annually thereafter, on the extent that diplomatic efforts described in subsection (a) have been successful. Each report shall include—

(1)

the countries that have agreed to undertake measures to further the objectives of section 102 with respect to Syria, and a description of those measures; and

(2)

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 203 with respect to Syria.

(c)

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—

(1)

which countries have legislative or administrative standards providing for the imposition of trade sanctions on persons or their affiliates doing business or having investments in Syria;

(2)

the extent and duration of each instance of the application of such sanctions; and

(3)

the disposition of any decision with respect to such sanctions by the World Trade Organization or its predecessor organization.

(d)

Investigations

(1)

In general

The President shall initiate an investigation into the possible imposition of sanctions under section 205 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.

(2)

Credible Information

The term credible information means, with respect to a person, such person’s public announcement of an activity described in section 205, Syrian governmental announcements of such an activity, reports to stockholders, annual reports, industry reports, Government Accountability Office products, and trade publications.

(3)

Determination and notification

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 205, 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.

(4)

Briefing

Not later than 30 days after the date of the enactment of this Act, and quarterly thereafter, the Secretary of State shall—

(A)

brief the appropriate congressional committees regarding investigations initiated under this section; and

(B)

furnish to the appropriate congressional committees, pursuant to section 15(b) of the State Department Basic Authorities Act of 1956 (22 U.S.C. 2680(b)), all requested information relating to investigations or reviews initiated under this Act.

205.

Imposition of sanctions

(a)

Sanctions with respect to the development of petroleum resources of Syria, production of refined petroleum products in Syria, and exportation of refined petroleum products to Syria

(1)

Development of petroleum resources of Syria

(A)

In general

Except as provided in subsection (g) or (h), the President shall impose the sanctions described in section 206(a) with respect to a person if the President determines that the person knowingly, on or after the date of the enactment of this Act—

(i)

makes an investment described in subparagraph (B) of $5,000,000 or more; or

(ii)

makes a combination of investments described in subparagraph (B) in a 12-month period if each such investment is of at least $2,000,000 and such investments equal or exceed $5,000,000 in the aggregate.

(B)

Investment described

An investment described in this subparagraph is an investment that directly and significantly contributes to the enhancement of Syria’s ability to develop petroleum resources.

(2)

Production of refined petroleum products

(A)

In general

Except as provided in subsection (g) or (h), the President shall impose the sanctions described in section 206(a) with respect to a person if the President determines that the person knowingly, on or after the date of the enactment of this Act sells, leases, or provides to Syria goods, services, technology, information, or support described in subparagraph (B)—

(i)

any of which has a fair market value of $1,000,000 or more; or

(ii)

that, during a 12-month period, have an aggregate fair market value of $2,000,000 or more.

(B)

Goods, services, technology, information, or support described

Goods, services, technology, information, or support described in this subparagraph are goods, services, technology, information, or support that could directly and significantly facilitate the maintenance or expansion of Syria’s domestic production of refined petroleum products, including any direct and significant assistance with respect to the construction, modernization, or repair of petroleum refineries.

(3)

Exportation of refined petroleum products to Syria

(A)

In general

Except as provided in subsection (g) or (h), the President shall impose 3 or more of the sanctions described in section 206(a) with respect to a person if the President determines that the person knowingly, on or after the date of the enactment of this Act—

(i)

sells or provides to Syria refined petroleum products—

(I)

that have a fair market value of $1,000,000 or more; or

(II)

that, during a 12-month period, have an aggregate fair market value of $5,000,000 or more; or

(ii)

sells, leases, or provides to Syria goods, services, technology, information, or support described in subparagraph (B)—

(I)

any of which has a fair market value of $1,000,000 or more; or

(II)

that, during a 12-month period, have an aggregate fair market value of $5,000,000 or more.

(B)

Goods, services, technology, information, or support described

Goods, services, technology, information, or support described in this subparagraph are goods, services, technology, information, or support that could directly and significantly contribute to the enhancement of Syria’s ability to import refined petroleum products, including—

(i)

except as provided in subparagraph (C), underwriting or entering into a contract to provide insurance or reinsurance for the sale, lease, or provision of such goods, services, service contracts, technology, information, or support;

(ii)

financing or brokering such sale, lease, or provision;

(iii)

entering into an agreement with Syria to purchase or provide future delivery of Syrian petroleum resources;

(iv)

purchasing, subscribing to, or facilitating the issuance of Syrian sovereign debt; or

(v)

providing ships or shipping services (to include infrastructure development) to deliver refined petroleum products to Syria.

(C)

Exception for underwriters and insurance providers exercising due diligence

The President may not impose sanctions under this paragraph 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 underwrite or enter into a contract to provide insurance or reinsurance for the sale, lease, or provision of goods, services, technology, information, or support described in subparagraph (B).

(b)

Persons against which the sanctions are To be imposed

The sanctions described in subsection shall be imposed on—

(1)

any person the President determines has carried out the activities described in subsection (a); and

(2)

any person that—

(A)

is a successor entity to the person referred to in paragraph (1);

(B)

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

(C)

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.
(c)

Publication in Federal Register

The President shall cause to be published in the Federal Register a current list of persons and entities on which 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.

(d)

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 Syria.

(e)

Exceptions

The President shall not be required to apply or maintain the sanctions under subsection (a)—

(1)

in the case of procurement of defense articles or defense services—

(A)

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;

(B)

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

(C)

if the President determines in writing that such articles or services are essential to the national security under defense coproduction agreements;

(2)

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));

(3)

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 which the sanctions are to be imposed;

(4)

to—

(A)

spare parts which are essential to United States products or production;

(B)

component parts, but not finished products, essential to United States products or production; or

(C)

routine servicing and maintenance of products, to the extent that alternative sources are not readily or reasonably available;

(5)

to information and technology essential to United States products or production; or

(6)

to medicines, medical supplies, or other humanitarian items.

(f)

Waiver

The President may waive the application of the sanctions listed in subsection (a) on a case-by-case basis if, 15 days before the waiver is issued, the President certifies to the appropriate congressional committees that failure to issue the waiver would cause extraordinary harm to the vital national security interests of the United States.

(g)

Grounds for exclusion

The Secretary of State shall deny a visa to, and the Secretary of Homeland Security shall exclude from the United States, any alien whom the Secretary of State determines is an alien who, on or after the date of the enactment of this Act is a—

(1)

corporate officer, principal, or shareholder with a controlling interest of a person against whom sanctions have been imposed pursuant to this section;

(2)

corporate officer, principal, or shareholder with a controlling interest of a successor entity to or a parent or subsidiary of such a person;

(3)

corporate officer, principal, or shareholder with a controlling interest of an affiliate of such a sanctioned person, if such affiliate engaged in a sanctionable activity described in subsection (a) or (b) of this section, and if such affiliate is controlled in fact by such a person;

(4)

spouse, minor child, or agent of a person excludable under paragraph (1), (2), or (3);

(5)

senior official of a foreign government that is identified as a person against whom sanctions have been imposed pursuant to this section;

(6)

senior official of a foreign government with primary jurisdiction over such a person; or

(7)

spouse, minor child, or agent of a person excludable under paragraph (5) or (6).

(h)

Exception

The President may waive the sanctions described in subsection (a) with respect to a person specified in paragraph (5), (6), or (7) of subsection (g) if the President determines and certifies in writing to the appropriate congressional committees, on a case by case basis, that the foreign government with primary jurisdiction over such a person against whom sanctions have been imposed pursuant to this section has made and continues to make clear, specific efforts to stop and deter a sanctionable activity described in subsection (a) or (b).

206.

Description of sanctions

(a)

In general

The sanctions to be imposed on a sanctioned person under section 205 are as follows:

(1)

Export-Import Bank assistance for exports to sanctioned persons

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.

(2)

Export sanction

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—

(A)

the Export Administration Act of 1979;

(B)

the Arms Export Control Act;

(C)

the Atomic Energy Act of 1954; or

(D)

any other statute that requires the prior review and approval of the United States Government as a condition for the export or re-export of goods or services.

(3)

Exceptions

The prohibition in subsection (a) does not apply to exports to Syria of—

(A)

agricultural commodities, food, medicine, or medical devices;

(B)

articles exported to Syria to provide humanitarian assistance to the people of Syria;

(C)

information or informational materials; or

(D)

goods, services, or technologies necessary to ensure the safe operation of commercial passenger aircraft produced in the United States if the exportation of such goods, services, or technologies is approved by the Secretary of the Treasury, in consultation with the Secretary of Commerce, pursuant to regulations for licensing the exportation of such goods, services, or technologies, if appropriate.

(4)

Loans from United States financial institutions

The United States Government may prohibit any United States financial institution from making loans or providing credits to any sanctioned person totaling more than $2,000,000 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.

(5)

Prohibitions on financial institutions

The following prohibitions may be imposed against a sanctioned person that is a financial institution:

(A)

Prohibition on designation as primary dealer

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.

(B)

Prohibition on service as a repository of government funds

Such financial institution may not serve as agent of the United States Government or serve as repository for United States Government funds.

(6)

Procurement sanction

The United States Government may not procure, or enter into any contract for the procurement of, any goods or services from a sanctioned person.

(7)

Foreign exchange

The President shall 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.

(8)

Banking transactions

The President shall 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.

(9)

Property transactions

The President shall prohibit any person from—

(A)

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;

(B)

dealing in or exercising any right, power, or privilege with respect to such property; or

(C)

conducting any transaction involving such property.

(10)

Additional sanctions

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

(1)

Modification of Federal Acquisition Regulation

Not later than 90 days after the date of the enactment of this Act, the Federal Acquisition Regulation issued pursuant to section 25 of the Office of Federal Procurement Policy Act (41 U.S.C. 421) shall be revised to require a certification from each person that is a prospective contractor that the person does not engage in any activity for which sanctions may be imposed under section 205.

(2)

Remedies

(A)

In general

If the head of an executive agency determines that a person has submitted a false certification under paragraph (1) after the date on which the Federal Acquisition Regulation is revised to implement the requirements of this subsection, 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 more than 3 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.

(B)

Inclusion on list of parties excluded from Federal procurement and nonprocurement programs

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 pursuant to section 25 of the Office of Federal Procurement Policy Act (41 U.S.C. 421) 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).

(3)

Clarification regarding certain products

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 (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)).

(4)

Rule of construction

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).

(5)

Executive agency defined

In this subsection, the term executive agency has the meaning given that term in section 204 of the Office of Federal Procurement Policy Act (41 U.S.C. 403).

207.

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.

208.

Termination of sanctions

The requirement under section 205 to impose sanctions shall no longer have force or effect with respect to Syria if the President determines and certifies to the appropriate congressional committees that the Government of Syria—

(1)

has ceased all support for terrorism, including that the Government of Syria—

(A)

is not engaged in the illegal transfer of missile or nuclear technology to the Government of North Korea or to any country the government of which the Secretary of State has determined, for purposes of any of the provisions of law specified in the matter preceding this paragraph, is a government that has repeatedly provided support for acts of international terrorism;

(B)

is no longer engaged in training, harboring, supplying, financing, or supporting in any way—

(i)

Hamas, Hezbollah, Palestinian Islamic Jihad, the Popular Front for the Liberation of Palestine, the Popular Front for the Liberation of Palestine-General Command, the Democratic Front for the Liberation of Palestine, Fatah al-Intifada, or Fatah al-Islam;

(ii)

any other organization designated by the Secretary of State as a foreign terrorist organization in accordance with section 219(a) of the Immigration and Nationality Act (8 U.S.C. 1189(a));

(iii)

any person included on the Annex to Executive Order 13224 (September 23, 2001) and any other person identified under section 1 of that Executive Order whose property and interests in property are blocked by such section (commonly known as a specially designated global terrorist);

(iv)

any person designated under section 3 of Executive Order 13338 (May 13, 2004) or under section 1 of Executive Order 13438 (July 17, 2007);

(v)

the Syrian Social Nationalist Party;

(vi)

any other person or organization contributing to instability in Lebanon or Iraq; and

(vii)

any agency, instrumentality, affiliate, or successor organization of the organizations listed in subparagraph (A), (B), (C), (D), (E), or (F);

(C)

has immediately and unconditionally stopped facilitating transit from Syria to Iraq of individuals, military equipment, and all lethal items, except as authorized by the representative, internationally recognized Government of Iraq; and

(D)

has ceased its support for volunteers and terrorists who are traveling from and through Syria into Iraq to launch attacks;

(2)

has not provided such support during the preceding 5-year period and has not been determined by the Secretary of State, for the purposes of section 6(j) of the Export Administration Act of 1979, section 620A of the Foreign Assistance Act of 1961, section 40 of the Arms Export Control Act, or any other provision of law, to be a government that has repeatedly provided support for acts of international terrorism at any time during such 5-year period;

(3)
(A)

has permanently dismantled Syria's chemical, biological, radiological, and nuclear weapons programs;

(B)

has ceased all efforts to design, develop, manufacture, or acquire—

(i)

a nuclear explosive device or related materials and technology;

(ii)

chemical, biological, and radiological weapons; and

(iii)

ballistic missiles and ballistic missile launch technology; and

(C)

has taken demonstrable steps to combat the proliferation of such weapons;

(4)

does not pose a threat to United States national security, United States interests, and United States allies in the region;

(5)

respects the boundaries, sovereignty, and right to exist of all neighboring countries;

(6)

upholds and defends the human rights and civil liberties of its people;

(7)

has legalized all political activity;

(8)

has made public commitments to organizing free and fair elections for a new government, to be held in a timely manner, and with the participation of multiple independent political parties that have full access to the media on an equal basis, including (in the case of radio, television, or other telecommunications media) in terms of allotments of time for such access and the times of day such allotments are given, and to be conducted under the supervision of internationally recognized observers; and

(9)

has made public commitments to and is making demonstrable progress in—

(A)

establishing an independent judiciary; and

(B)

respecting internationally recognized human rights and basic freedoms as recognized in the Universal Declaration of Human Rights.

209.

Duration of sanctions

(a)

Delay of sanctions

(1)

Consultations

If the President makes a determination described in section 205 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.

(2)

Actions by government of jurisdiction

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 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 section 205 concerning such person.

(3)

Additional delay in imposition of sanctions

The President may delay the imposition of sanctions for up to an additional 90 days if the President determines and certifies to Congress that the government with primary jurisdiction over the person concerned is in the process of taking the actions described in paragraph (2).

(4)

Report to Congress

Not later than 90 days after making a determination under section 205, 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 205 shall remain in effect—

(1)

for a period of not less than 2 years from the date on which it is imposed; or

(2)

until such time as the President determines and certifies to 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.

210.

Reports required

(a)

Report on certain international initiatives

Not later than 6 months after the date of the enactment of this Act, and every 6 months thereafter, the President shall transmit a report to the appropriate congressional committees describing—

(1)

the efforts of the President to mount a multilateral campaign to persuade all countries to pressure Syria to cease its nuclear, chemical, biological, and missile weapons programs and its support of acts of international terrorism;

(2)

the efforts of the President to persuade other governments to ask Syria to reduce the presence of Syrian diplomats and representatives of other government and military or quasi-governmental institutions of Syria;

(3)

the extent to which the International Atomic Energy Agency has established regular inspections of all nuclear facilities in Syria, including those presently under construction; and

(4)

Syria’s use of Syrian diplomats and representatives of other government and military or quasi-governmental institutions of Syria to promote acts of international terrorism or to develop or sustain Syria’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 this Act, and annually thereafter, the President shall transmit to Congress a report that describes—

(1)

the extent to which actions relating to trade taken pursuant to this Act—

(A)

have been effective in achieving the objectives of section 203 and any other foreign policy or national security objectives of the United States with respect to Syria; and

(B)

have affected humanitarian interests in Syria, the country in which the sanctioned person is located, or in other countries; and

(2)

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 Congress of reports describing—

(1)

the nuclear and other military capabilities of Syria, as required by section 601(a) of the Nuclear NonProliferation Act of 1978 and section 1607 of the National Defense Authorization Act for Fiscal Year 1993; and

(2)

the support provided by Syria 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 Syria

Not later than 90 days after the date of the enactment of this Act, and annually thereafter, the President shall transmit 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 Syria and each country maintaining membership in the Group of 20 Finance Ministers and Central Bank Governors.

211.

Determinations not reviewable

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

212.

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.

213.

Effective date

This title shall take effect on the date of the enactment of this Act.

III

Syria nuclear weapons prevention

301.

Findings

Congress finds the following:

(1)

On September 6, 2007, Israeli warplanes bombed a site at al-Kibar in northeastern Syria, which the Syrians subsequently worked to conceal. On April 24, 2008, senior United States intelligence officials briefed Congress and the press about the al-Kibar site, citing detailed information showing that the al-Kibar facility was a nuclear reactor, built with North Korean assistance.

(2)

Following the briefing, Syria granted International Atomic Energy Agency (IAEA) inspectors access to the al-Kibar site (but denied them access to three other sites), where they took environmental samples on June 23, 2008. After the visit, Syria suspended cooperation with the IAEA, which later revealed that soil samples taken from the al-Kibar site revealed a significant number of natural uranium particles that were produced by human action rather than being already present in the environment.

(3)

The natural uranium found by the IAEA is the type of fuel that would be fed into a reactor to produce plutonium, which after extraction in a reprocessing facility, could fuel a nuclear bomb.

(4)

The Director-General of the IAEA reported to the IAEA Board of Governors on May 24, 2011, that [the IAEA] assesses that it is very likely that the building destroyed at the [al-Kibar] site was a nuclear reactor.

(5)

Syria’s safeguards agreement with the IAEA requires notification to the agency in advance of construction of any nuclear facility, regardless of the presence of nuclear material, and, as a result, Syria’s construction of a reactor violated its IAEA obligations.

302.

Actions within the International Atomic Energy Agency

(a)

Statement of policy

It shall be the policy of the United States to oppose the development or acquisition by Syria of a nuclear capability.

(b)

United States actions

The President shall instruct the United States Permanent Representative to the International Atomic Energy Agency to—

(1)

seek the adoption of a resolution declaring Syria to be in violation of its IAEA obligations unless Syria immediately—

(A)

declares all nuclear-related facilities;

(B)

immediately and unconditionally suspends any activity which could be used to develop nuclear-weapons capability; and

(C)

provides IAEA inspectors with full access to its nuclear-related facilities;

(2)

use all available political, economic, and diplomatic tools, and shall use the voice, vote, and influence of the United States in all international organizations and associations of which it is a member, including the IAEA and the Nuclear Suppliers Group, to—

(A)

block the development or acquisition by Syria of a capacity to fabricate nuclear fuel;

(B)

block the allocation of funds for any IAEA development, environmental, or nuclear science assistance or activity to Syria;

(C)

block the allocation of funds for IAEA development, environmental, or nuclear-related assistance or activity to the Government of Syria, including any agency or instrumentality thereof; and

(D)

block membership of the Government of Syria on the Board of Governors of the IAEA; and

(3)

shall withhold from United States contributions to the IAEA an amount equal to that which the IAEA expends on assistance to Syria.

303.

Restrictions on nuclear cooperation with countries assisting the nuclear program of Syria

(a)

In general

Notwithstanding any other provision of law or any international agreement, no agreement for cooperation between the United States and the government of any country that is assisting the nuclear program of Syria or transferring advanced conventional weapons or missiles to Syria may be submitted to Congress pursuant to section 123 of the Atomic Energy Act of 1954 (42 U.S.C. 2153), no such agreement may enter into force with such country, no license may be issued for export directly or indirectly to such country of any nuclear material, facilities, components, or other goods, services, or technology that would be subject to such agreement, and no approval may be given for the transfer or retransfer directly or indirectly to such country of any nuclear material, facilities, components, or other goods, services, or technology that would be subject to such agreement, until the President determines and reports to the Committee on Foreign Affairs of the House of Representatives and the Committee on Foreign Relations of the Senate that the government of such country that is assisting the nuclear program of Syria or transferring advanced conventional weapons or missiles to Syria—

(1)

has suspended all nuclear assistance to Syria or suspended transferring advanced conventional weapons or missiles to Syria (as the case may be); and

(2)

is committed to maintaining such suspension.

(b)

Rules of construction

The restrictions described in subsection (a)—

(1)

shall apply in addition to all other applicable procedures, requirements, and restrictions required by the Atomic Energy Act of 1954 and any other law; and

(2)

shall not be construed as affecting the validity of agreements for cooperation that are in effect on the date of the enactment of this Act.

(c)

Definitions

In this section:

(1)

Agreement for cooperation

The term agreement for cooperation has the meaning given such term in section 11 b. of the Atomic Energy Act of 1954 (42 U.S.C. 2014 b.).

(2)

Assisting the nuclear program of Syria

The term assisting the nuclear program of Syria means the intentional transfer to Syria by a government, or by a person subject to the jurisdiction of a government with the knowledge and acquiescence of such government, of 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) or Guidelines for Transfers of Nuclear-Related Dual-Use Equipment, Material, and Related Technology (published by the International Atomic Energy Agency as Information Circular INFCIR/254/Rev. 3/Part 2, and subsequent revisions).

(3)

Country that is assisting the nuclear program of Syria or transferring advanced conventional weapons or missiles to Syria

The term country that is assisting the nuclear program of Syria or transferring advanced conventional weapons or missiles to Syria means any country determined by the President to be assisting the nuclear program of Syria or transferring advanced conventional weapons or missiles to Syria.

(d)

Waiver

The President may waive the application of the sanctions described in subsection (a) if the President—

(1)

determines that such a waiver is vital to the national security of the United States; and

(2)

submits to the appropriate congressional committees a report describing the reasons for such determination.

304.

Exclusion from the United States of senior officials of foreign persons who have aided the nuclear program of Syria

(a)

Grounds for exclusion

Except as provided in subsection (b), the Secretary of State shall deny a visa to, and the Secretary of Homeland Security shall exclude from the United States, any alien whom the Secretary of State determines is an alien who, on or after the date of the enactment of this Act, is a—

(1)

person, agent, instrumentality, or official of, is affiliated with, or is serving as a representative of, the Government of Syria identified in a report submitted pursuant to section 2(a) of the Iran, North Korea, and Syria Nonproliferation Act (Public Law 106–178);

(2)

corporate officer, principal, or shareholder with a controlling interest of a foreign person identified in such a report;

(3)

corporate officer, principal, or shareholder with a controlling interest of a successor entity to, or a parent or subsidiary of, a foreign person identified in such a report;

(4)

corporate officer, principal, or shareholder with a controlling interest of an affiliate of a foreign person identified in such a report, if such affiliate engaged in the activities referred to in such report, and if such affiliate is controlled in fact by the foreign person identified in such report;

(5)

spouse, minor child, or agent of a person excludable under paragraph (1), (2), (3), or (4);

(6)

senior official of a foreign government identified in such a report;

(7)

senior official of a foreign government with primary jurisdiction over a foreign person identified in such a report; or

(8)

spouse, minor child, or agent of a person excludable under paragraph (6) or (7).

(b)

Exception

The President may waive the sanctions described in subsection (a) with respect to a person specified in paragraph (5), (6), or (7) of such subsection if the President determines and certifies in writing to the appropriate congressional committees, on a case by case basis, that the foreign government with primary jurisdiction over such person has made and continues to make clear, specific efforts to stop and deter the transfer or retransfer of, or the permitting, hosting, or other facilitating of transshipments that may enable the transfer or retransfer of, goods or technology that contribute to the efforts by Syria, as the case may be, to acquire or develop advanced conventional weapons, or to acquire, develop, produce, or stockpile radiological or nuclear weapons.

(c)

Definitions

In subsection (b):

(1)

Transfer

The term transfer means the conveyance of technological or intellectual property, or the conversion of intellectual or technological advances into marketable goods, services, or articles of value, developed and generated in one place, to another through illegal or illicit means to a country, the government of which the Secretary of State has determined, for purposes of section 6(j)(1)(A) of the Export Administration Act of 1979 (as in effect pursuant to the International Emergency Economic Powers Act), section 40(d) of the Arms Export Control Act (22 U.S.C. 2780(d)), and section 620A of the Foreign Assistance Act of 1961 (22 U.S.C. 2371), is a government that has repeatedly provided support for acts of international terrorism.

(2)

Transshipment

The term transshipment means the export from one country to another that passes through a third country, in which cargo is off-loaded and there is some change to conveyance.

IV

Diplomatic efforts to isolate the Government of Syria

401.

Sense of Congress relating to bilateral efforts

It is the sense of Congress that the Secretary of State shall ensure that United States diplomatic personnel abroad understand and, in their contacts with foreign officials, are communicating the reasons for United States policy and sanctions against the Government of Syria, and are urging foreign governments to cooperate more effectively with the Government of the United States in compelling the Government of Syria to cease policies and activities that threaten global peace and security.

402.

Opposition to Syria’s membership and candidacy for leadership posts in United Nations institutions

The President shall direct the United States Permanent Representative to the United Nations, United Nations organizations and entities, and United Nations-affiliated agencies and bodies, to continue to use the voice, vote, and influence of the United States to oppose Syria’s membership and candidacy for leadership posts in such institutions, and engage in diplomatic efforts to secure multilateral support for such efforts.

403.

Report on assistance to, and commerce with, Syria

(a)

Report

Not later than 90 days after the date of the enactment of this Act and annually thereafter, the President shall transmit to the appropriate congressional committees a report on assistance to, and commerce with, Syria by other foreign countries during the preceding 12-month period.

(b)

Contents

Each report required under subsection (a) shall, for the period covered by the report, contain the following information, to the extent such information is available:

(1)

A description of all bilateral assistance provided to Syria by other foreign countries, including humanitarian assistance.

(2)

A description of Syria’s commerce with other foreign countries, including an identification of Syria’s trading partners and the extent of such trade.

(3)

A description of the joint ventures completed, or under consideration, by foreign nationals, business firms, and persons involving facilities in Syria, including an identification of the location of the facilities involved and a description of the terms of agreement of the joint ventures and the names of the parties that are involved.

(4)

A determination of the amount of debt of the Government of Syria that is owed to each foreign country, including—

(A)

the amount of debt exchanged, forgiven, or reduced under the terms of each investment or operation in Syria involving foreign nationals; and

(B)

the amount of debt owed to the foreign country that has been exchanged, forgiven, or reduced in return for a grant by the Government of Syria of an equity interest in a property, investment, or operation of the Government of Syria or of a Syrian national.

(5)

A description of the steps taken to assure that raw materials and semifinished or finished goods produced by facilities in Syria involving foreign nationals do not enter the United States market, either directly or through third countries or parties.

(6)

An identification of countries and entities that provide, or have provided, arms or military supplies from Syria or that otherwise have entered into agreements with Syria that could have a military application, including—

(A)

a description of the military supplies, equipment, or other material sold, bartered, or exchanged between Syria and such countries;

(B)

a listing of the goods, services, credits, or other consideration received by Syria in exchange for military supplies, equipment, or material; and

(C)

the terms or conditions of any such agreement.

(c)

Form

The report submitted under subsection (a) shall be in unclassified form but may include a classified annex.

V

Assistance to support democracy in Syria

501.

Declarations of policy

It shall be the policy of the United States to—

(1)

support independent human rights and pro-democracy forces in Syria to promote the emergence of a democratic government in Syria that will—

(A)

denounce and combat extremism;

(B)

verifiably dismantle its chemical, biological, radiological, and nuclear weapons programs and commit to combating the proliferation of such weapons;

(C)

respect the boundaries, sovereignty, and right to exist of its neighbors and live in peace and security with all the countries in the region; and

(D)

uphold and defend the human rights and civil liberties of its citizens;

(2)

seek the adoption of a resolution by the Community of Democracies to promote the emergence of a democratic government in Syria; and

(3)

seek the establishment of a consultative group between the United States and the European Union to promote the emergence of a democratic government in Syria.

502.

Assistance to support a transition to democracy in Syria

(a)

Authorization

The President is authorized to provide financial and political assistance (including the award of grants) to foreign and domestic individuals, organizations, and entities that support democracy and the promotion of democracy in Syria. Such assistance may include the award of grants to eligible independent pro-democracy radio and television broadcasting organizations that broadcast into Syria.

(b)

Eligibility for assistance

Financial and political assistance under this section may be provided only to an individual, organization, or entity that—

(1)

officially opposes the use of violence and terrorism and has not been designated as a foreign terrorist organization under section 219(a) of the Immigration and Nationality Act (8 U.S.C. 1189(a)) at any time during the preceding 4 years;

(2)

advocates the adherence by Syria to nonproliferation regimes for nuclear, chemical, and biological weapons and materiel;

(3)

is dedicated to democratic values and supports the adoption of a democratic form of Government in Syria;

(4)

is dedicated to respect for human rights, including the fundamental equality of women;

(5)

works to establish equality of opportunity for people; and

(6)

supports freedom of the press, freedom of speech, freedom of association, and freedom of religion.

(c)

Funding

The President shall only provide assistance to democracy promotion in Syria section using—

(1)

funds available to the Middle East Partnership Initiative (MEPI), the Broader Middle East and North Africa Initiative, and the Human Rights and Democracy Fund; and

(2)

amounts made available pursuant to the authorization of appropriations under subsection (f).

(d)

Notification

Not later than 15 days before each obligation of assistance under this section, and in accordance with the procedures under section 634A of the Foreign Assistance Act of 1961 (22 U.S.C. 2394–l), the President shall notify the Committee on Foreign Affairs and the Committee on Appropriations of the House of Representatives and the Committee on Foreign Relations and the Committee on Appropriations of the Senate. Such notification shall include, as practicable, the types of programs supported by such assistance and the recipients of such assistance.

(e)

Sense of Congress regarding diplomatic assistance

It is the sense of Congress that—

(1)

contacts should be expanded with opposition groups in Syria that meet the criteria under subsection (b);

(2)

support for a transition to democracy in Syria should be expressed by United States representatives and officials in all appropriate international fora;

(3)

efforts to bring a halt to the nuclear weapons program of Syria, including steps to end the supply of nuclear, chemical or biological components, including short and intermediate-range missiles, and ballistic missile components or fuel to Syria, should be intensified; and

(4)

officials and representatives of the United States should—

(A)

strongly and unequivocally support indigenous efforts in Syria calling for free, transparent, and democratic elections; and

(B)

draw international attention to violations by the Government of Syria of human rights, freedom of religion, freedom of assembly, and freedom of the press.

(f)

Authorization of appropriations

There is authorized to be appropriated to the Department of State such sums as may be necessary to carry out this section.

503.

Condemnation of Syrian human rights abuses

(a)

Statement of policy

It shall be the policy of the United States—

(1)

to condemn the consistent pattern of gross violations of internationally recognized human rights by the Government of Syria in all appropriate international fora;

(2)

to introduce and work toward the adoption of resolutions at appropriate United Nations fora which detail and condemn the dismal human rights record of Syria;

(3)

to support the people of Syria in their daily struggle for freedom, respect for human rights and civil liberties, democratic self-governance, and the establishment of the rule of law; and

(4)

to reach out to dissidents, human rights activists, and the nonviolent democratic opposition in Syria, and to assist them in their efforts.

(b)

Actions at appropriate United Nations fora

The President shall direct the United States Permanent Representative to the United Nations to take the necessary steps to secure support for the adoption of resolutions at appropriate United Nations fora holding the Government of Syria accountable for its systematic violations of human rights of Syrian and Lebanese citizens and calling for the appointment of a United Nations Special Rapporteur to investigate such human rights violations.

504.

Imposition of sanctions on certain persons responsible for or complicit in human rights abuses committed against citizens of Syria or their family members

(a)

In general

The President shall impose sanctions described in subsection (c) with respect to each person on the list required by subsection (b).

(b)

List of persons who are responsible for or complicit in certain human rights abuses

(1)

List

(A)

In general

Not later than 90 days after the date of the enactment of this Act, the President shall transmit to the appropriate congressional committees a list of persons who are officials of the Government of Syria, including the President, Members of the Cabinet, Members of the Ministry of Defense, Members of the Ministry of the Interior, Members of the General Intelligence Directorate, Members of the Political Security Directorate, or any Member of the Syrian military or associated entities with the rank of brigadier general or above or the equivalent rank thereof, including members of paramilitary organizations, or persons acting on behalf of the Government of Syria.

(B)

Certification

The President shall impose on the persons specified in the list under subparagraph (A) the sanctions described in subsection (c). The President shall exempt any such person from such imposition if the President determines and certifies to the appropriate congressional committees that such person, based on credible evidence, is not responsible for or complicit in, or responsible for ordering, controlling, or otherwise directing, the commission of serious human rights abuses against citizens of Syria or their family members, regardless of whether such abuses occurred in Syria.

(2)

Form; public availability

(A)

Form

The list required by paragraph (1) shall be submitted in unclassified form but may contain a classified annex.

(B)

Public availability

The unclassified portion of the list required by paragraph (1) shall be made available to the public and posted on the Web site of the Department of the Treasury and the Department of State.

(3)

Consideration of data from other countries and nongovernmental organizations

In preparing the list required by paragraph (1), the President shall consider credible data already obtained by other countries and nongovernmental organizations, including organizations in Syria, that monitor the human rights abuses of the Government of Syria.

(c)

Sanctions described

The sanctions described in this subsection are ineligibility for a visa to enter the United States and sanctions pursuant to the International Emergency Economic Powers Act (50 U.S.C. 1701 et seq.), including blocking of property and restrictions or prohibitions on financial transactions and the exportation and importation of property, subject to such regulations as the President may prescribe, including regulatory exceptions to permit the United States to comply with the Agreement between the United Nations and the United States of America regarding the Headquarters of the United Nations, signed June 26, 1947, and entered into force November 21, 1947, and other applicable international obligations.

(d)

Termination of sanctions

The provisions of this section shall terminate on the date on which the President determines and certifies to the appropriate congressional committees that the Government of Syria has—

(1)

unconditionally released all political prisoners;

(2)

ceased its practices of violence, unlawful detention, torture, and abuse of citizens of Syria while engaging in peaceful political activity;

(3)

conducted a transparent investigation into the practices described in paragraph (2) and prosecuted the individuals responsible for such violence, unlawful detention, torture, and abuse; and

(4)

made public commitments to, and is making demonstrable progress toward—

(A)

establishing an independent judiciary; and

(B)

respecting the human rights and basic freedoms recognized in the Universal Declaration of Human Rights.

505.

Imposition of sanctions with respect to the transfer of goods or technologies to Syria that may be used to commit human rights abuses

(a)

Investigations; determinations

(1)

In general

Except as provided in paragraph (3), upon receiving credible information that a person may have engaged in an activity described in paragraph (2), the President shall initiate an investigation and, not later than 180 days after initiating the investigation, make a determination with respect to whether that person engaged in that activity.

(2)

Activity described

(A)

In general

A person engages in an activity described in this subparagraph if the person, on or after the date of the enactment of this Act—

(i)

transfers, or facilitates the transfer of, goods or technologies described in subparagraph (C) to Syria; or

(ii)

provides services with respect to goods or technologies described in subparagraph (C) after such goods or technologies are transferred to Syria.

(B)

Applicability to contracts and other agreements

A person engages in an activity described in subparagraph (A) without regard to whether or not the activity is carried out pursuant to a contract or other agreement entered into before, on, or after the date of the enactment of this Act.

(C)

Goods or technologies described

Goods or technologies described in this subparagraph are—

(i)

firearms or ammunition (as those terms are defined in section 921 of title 18, United States Code), accessories for firearms, rubber bullets, clubs, batons, police sticks, mace, stun grenades, tasers or other electroshock weapons, tear gas, water cannons, motorcycles, cranes, or surveillance technology;

(ii)

sensitive technology; and

(iii)

other goods or technologies that the President determines may be used by the Government of Syria to commit human rights abuses against the people of Syria.

(3)

Special rule to allow for termination of sanctionable activity

The President shall not be required to initiate an investigation, and may terminate an investigation, under this subsection if the President certifies in writing to the appropriate congressional committees that—

(A)

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

(B)

the President has received reliable assurances that the person will not knowingly engage in an activity described in paragraph (2) in the future.

(b)

List

(1)

In general

The President shall transmit to the appropriate congressional committees a list of each person the President determines has engaged in an activity described in subsection (a)(2)—

(A)

not later than 210 days after the date of the enactment of this Act, and every 180 days thereafter; and

(B)

as new information becomes available.

(2)

Form of list

The list required by paragraph (1) shall be submitted in unclassified form but may contain a classified annex.

(c)

Asset freeze

The President shall freeze and prohibit all transactions in all property and interests in property of a person on the list required by subsection (b) if such property and interests in property are in the United States, come within the United States, or are or come within the possession or control of a United States person.

506.

Comprehensive strategy to promote internet freedom and access to information in Syria

Not later than 90 days after the date of the enactment of this Act, and annually thereafter, the Secretary of State shall submit to the Committees on Foreign Affairs and Appropriations of the House of Representatives and the Committees on Foreign Relations and Appropriations of the Senate a comprehensive strategy to—

(1)

help the people of Syria produce, access, and share information freely and safely via the Internet;

(2)

support the development of counter-censorship technologies that enable the citizens of Syria to undertake Internet activities without interference from their government;

(3)

increase the capabilities and availability of secure mobile communications among human rights and democracy activists in Syria;

(4)

provide resources for digital safety training for media, unions, and academic and civil society organizations in Syria;

(5)

increase the amount of accurate Internet content in local languages in Syria;

(6)

increase emergency resources for the most vulnerable human rights advocates seeking to organize, share information, and support human rights in Syria;

(7)

expand surrogate radio, television, live stream, and social network communications inside Syria;

(8)

expand activities to safely assist and train human rights, civil society, and union activists in Syria to operate effectively and securely;

(9)

defeat all attempts by the Government of Syria to jam or otherwise deny international satellite broadcasting signals; and

(10)

expand worldwide United States embassy and consulate programming for and outreach to Syrian dissident communities.

VI

General provisions

601.

Denial of visas for Government of Syria

(a)

In general

The Secretary of State may not issue a visa to a person of a country designated as supporting acts of international terrorism pursuant to section 6(j)(1)(A) of the Export Administration Act of 1979 (as in effect pursuant to the International Emergency Economic Powers Act; 50 U.S.C. 1701 et seq.), section 40(d) of the Arms Export Control Act (22 U.S.C. 2780(d)), section 620A of the Foreign Assistance Act of 1961 (22 U.S.C. 2371), if the Secretary determines that such national—

(1)

is an agent, instrumentality, or official of, is affiliated with, or is serving as a representative of the government of Syria;

(2)

provides material support to the policies of the Governments of Syria; or

(3)

presents a threat to the United States or who has committed, ordered, assisted, or otherwise participated in the terrorist acts, or directly or indirectly affiliated with terrorist organizations.

(b)

Waiver

The Secretary of State may, on a case-by-case basis, waive the prohibition in subsection (a) if the Secretary certifies to the appropriate congressional committees that it is vital to the national security interests of the United States to do so, and provides the appropriate congressional committees with a detailed justification for that certification.

(c)

Restrictions

The Secretary of State shall restrict diplomats in Washington, DC, and at the United Nations in New York City, to travel only within a 25-mile radius of Washington, DC, or the United Nations headquarters building, respectively, of any person who is an agent, instrumentality, or official of, is affiliated with, or is serving as a representative of the Government of Syria.

602.

Sunset

(a)

Sunset

The provisions of this Act shall terminate, and shall cease to be effective, on the date that is 30 days after the date on which the President certifies to Congress that the Government of Syria—

(1)

has ceased all support for terrorism, including that the Government of Syria—

(A)

is not engaged in the illegal transfer of missile or nuclear technology to the Government of North Korea or to any country the government of which the Secretary of State has determined, for purposes of any of the provisions of law specified in the matter preceding this paragraph, is a government that has repeatedly provided support for acts of international terrorism;

(B)

is no longer engaged in training, harboring, supplying, financing, or supporting in any way—

(i)

Hamas, Hezbollah, Palestinian Islamic Jihad, the Popular Front for the Liberation of Palestine, the Popular Front for the Liberation of Palestine-General Command, the Democratic Front for the Liberation of Palestine, Fatah al-Intifada, or Fatah al-Islam;

(ii)

any other organization designated by the Secretary of State as a foreign terrorist organization in accordance with section 219(a) of the Immigration and Nationality Act (8 U.S.C. 1189(a));

(iii)

any person included on the Annex to Executive Order 13224 (September 23, 2001) and any other person identified under section 1 of that Executive Order whose property and interests in property are blocked by such section (commonly known as a specially designated global terrorist);

(iv)

any person designated under section 3 of Executive Order 13338 (May 13, 2004) or under section 1 of Executive Order 13438 (July 17, 2007);

(v)

the Syrian Social Nationalist Party;

(vi)

any other person or organization contributing to instability in Lebanon or Iraq; or

(vii)

any agency, instrumentality, affiliate, or successor organization of the organizations listed in subparagraph (A), (B), (C), (D), (E), or (F).

(C)

has immediately and unconditionally stopped facilitating transit from Syria to Iraq of individuals, military equipment, and all lethal items, except as authorized by the representative, internationally recognized Government of Iraq; and

(D)

has ceased its support for volunteers and terrorists who are traveling from and through Syria into Iraq to launch attacks;

(2)

has not provided such support during the preceding 5-year period and has not been determined by the Secretary of State, for the purposes of section 6(j) of the Export Administration Act of 1979, section 620A of the Foreign Assistance Act of 1961, section 40 of the Arms Export Control Act, or any other provision of law, to be a government that has repeatedly provided support for acts of international terrorism at any time during such 5-year period;

(3)
(A)

has permanently dismantled Syria’s chemical, biological, radiological, and nuclear weapons programs;

(B)

has ceased all efforts to design, develop, manufacture, or acquire—

(i)

a nuclear explosive device or related materials and technology;

(ii)

chemical, biological, and radiological weapons; and

(iii)

ballistic missiles and ballistic missile launch technology; and

(C)

has taken demonstrable steps to combat the proliferation of such weapons;

(4)

does not pose a threat to United States national security, United States interests, and United States allies in the region;

(5)

respects the boundaries, sovereignty, and right to exist of all neighboring countries;

(6)

upholds and defends the human rights and civil liberties of its people;

(7)

has legalized all political activity;

(8)

has made public commitments to organizing free and fair elections for a new government, to be held in a timely manner, and with the participation of multiple independent political parties that have full access to the media on an equal basis, including (in the case of radio, television, or other telecommunications media) in terms of allotments of time for such access and the times of day such allotments are given, and to be conducted under the supervision of internationally recognized observers; and

(9)

has made public commitments to and is making demonstrable progress in—

(A)

establishing an independent judiciary; and

(B)

respecting internationally recognized human rights and basic freedoms as recognized in the Universal Declaration of Human Rights.