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Text of the Iran Sanctions, Accountability, and Human Rights Act of 2012

This bill was introduced on February 13, 2012, in a previous session of Congress, but was not enacted. The text of the bill below is as of Feb 13, 2012 (Reported by Senate Committee).

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II

Calendar No. 320

112th CONGRESS

2d Session

S. 2101

IN THE SENATE OF THE UNITED STATES

February 13, 2012

, from the Committee on Banking, Housing, and Urban Affairs, reported the following original bill; which was read twice and placed on the calendar

A BILL

To strengthen the multilateral sanctions regime with respect to Iran, to expand sanctions relating to the energy sector of Iran, the proliferation of weapons of mass destruction by Iran, and human rights abuses in Iran, and for other purposes.

1.

Short title; table of contents

(a)

Short title

This Act may be cited as the Iran Sanctions, Accountability, and Human Rights Act of 2012.

(b)

Table of contents

The table of contents for this Act is as follows:

Sec. 1. Short title; table of contents.

Sec. 2. Findings.

Sec. 3. Definitions.

TITLE I—Expansion of multilateral sanctions regime with respect to Iran

Sec. 101. Policy of the United States with respect to development of nuclear weapons capabilities by Iran.

Sec. 102. Sense of Congress on expansion of multilateral sanctions regime and implementation of sanctions laws.

Sec. 103. Diplomatic efforts to expand multilateral sanctions regime.

Sec. 104. Sense of Congress regarding the imposition of sanctions with respect to Iran.

TITLE II—Expansion of sanctions relating to the energy sector of Iran and proliferation of weapons of mass destruction by Iran

Subtitle A—Expansion of Iran Sanctions Act of 1996

Sec. 201. Imposition of sanctions with respect to joint ventures with the Government of Iran relating to developing petroleum resources.

Sec. 202. Imposition of sanctions with respect to the provision of goods, services, technology, or support for the energy or petrochemical sectors of Iran.

Sec. 203. Imposition of sanctions with respect to joint ventures with the Government of Iran relating to mining, production, or transportation of uranium.

Sec. 204. Expansion of sanctions available under the Iran Sanctions Act of 1996.

Sec. 205. Expansion of definitions under the Iran Sanctions Act of 1996.

Subtitle B—Additional measures relating to sanctions against Iran

Sec. 211. Imposition of sanctions with respect to the provision of vessels or shipping services to transport certain goods related to proliferation or terrorism activities to Iran.

Sec. 212. Imposition of sanctions with respect to subsidiaries and agents of persons sanctioned by United Nations Security Council resolutions.

Sec. 213. Liability of parent companies for violations of sanctions by foreign subsidiaries.

Sec. 214. Disclosures to the Securities and Exchange Commission relating to sanctionable activities.

Sec. 215. Identification of, and immigration restrictions on, senior officials of the Government of Iran and their family members.

Sec. 216. Reports on, and authorization of imposition of sanctions with respect to, the provision of financial communications services to the Central Bank of Iran and sanctioned Iranian financial institutions.

Sec. 217. Government Accountability Office report on foreign entities that invest in the energy sector of Iran or export refined petroleum products to Iran.

Sec. 218. Reporting on the importation to and exportation from Iran of crude oil and refined petroleum products.

TITLE III—Sanctions with respect to Iran's Revolutionary Guard Corps

Subtitle A—Identification of, and sanctions with respect to, officials, agents, affiliates, and supporters of Iran's Revolutionary Guard Corps and other sanctioned persons

Sec. 301. Identification of, and imposition of sanctions with respect to, officials, agents, and affiliates of Iran's Revolutionary Guard Corps.

Sec. 302. Identification of, and imposition of sanctions with respect to, persons that support or conduct certain transactions with Iran's Revolutionary Guard Corps or other sanctioned persons.

Sec. 303. Rule of construction.

Subtitle B—Additional measures relating to Iran's Revolutionary Guard Corps

Sec. 311. Expansion of procurement prohibition to foreign persons that engage in certain transactions with Iran's Revolutionary Guard Corps.

Sec. 312. Determinations of whether the National Iranian Oil Company and the National Iranian Tanker Company are agents or affiliates of Iran's Revolutionary Guard Corps.

TITLE IV—Measures relating to human rights abuses in Iran

Subtitle A—Expansion of sanctions relating to human rights abuses in Iran

Sec. 401. Imposition of sanctions with respect to the transfer of goods or technologies to Iran that are likely to be used to commit human rights abuses.

Sec. 402. Imposition of sanctions with respect to persons who engage in censorship or other related activities against citizens of Iran.

Subtitle B—Additional measures to promote human rights in Iran

Sec. 411. Expedited consideration of requests for authorization of certain human rights-, humanitarian-, and democracy-related activities with respect to Iran.

Sec. 412. Comprehensive strategy to promote Internet freedom and access to information in Iran.

Sec. 413. Sense of Congress on political prisoners.

TITLE V—Miscellaneous

Sec. 501. Exclusion of citizens of Iran seeking education relating to the nuclear and energy sectors of Iran.

Sec. 502. Technical correction.

Sec. 503. Interests in financial assets of Iran.

Sec. 504. Report on membership of Iran in international organizations.

TITLE VI—General provisions

Sec. 601. Technical implementation; penalties.

Sec. 602. Applicability to certain intelligence activities.

Sec. 603. Termination.

TITLE VII—Sanctions with respect to human rights abuses in Syria

Sec. 701. Short title.

Sec. 702. Imposition of sanctions with respect to certain persons who are responsible for or complicit in human rights abuses committed against citizens of Syria or their family members.

Sec. 703. Imposition of sanctions with respect to the transfer of goods or technologies to Syria that are likely to be used to commit human rights abuses.

Sec. 704. Imposition of sanctions with respect to persons who engage in censorship or other forms of repression in Syria.

Sec. 705. Waiver.

Sec. 706. Termination.

2.

Findings

Congress makes the following findings:

(1)

Successive Presidents of the United States have determined that the pursuit of nuclear weapons capabilities by the Government of Iran presents a danger to the United States, its friends and allies, and to global security.

(2)

Successive Congresses have recognized the threat that the Government of Iran and its policies present to the United States, its friends and allies, and to global security, and responded with successive bipartisan legislative initiatives, including most recently the enactment of the Comprehensive Iran Sanctions, Accountability, and Divestment Act of 2010 (22 U.S.C. 8501 et seq.) on July 1, 2010.

(3)

If the Government of Iran achieves a nuclear weapons capability, it would pose a threat to the United States and allies and friends of the United States, particularly Israel, destabilize the Middle East, increase the threat of nuclear terrorism, and significantly undermine global nonproliferation efforts.

(4)

The United States and its allies in the international community recognize the threat posed by the pursuit of nuclear weapons capabilities by the Government of Iran and have imposed significant sanctions against the Government of Iran, including through the enactment of the Comprehensive Iran Sanctions, Accountability, and Divestment Act of 2010 in the United States and the adoption of a series of successive, increasingly stringent United Nations Security Council resolutions. While such efforts, together with others, have served to slow the development of Iran’s nuclear program, they have not yet deterred Iran from its nuclear ambitions, and international efforts to do so must be intensified.

3.

Definitions

In this Act:

(1)

Appropriate congressional committees

The term appropriate congressional committees has the meaning given that term in section 14 of the Iran Sanctions Act of 1996 (Public Law 104–172; 50 U.S.C. 1701 note).

(2)

Credible information

The term credible information has the meaning given that term in section 14 of the Iran Sanctions Act of 1996, as amended by section 205 of this Act.

(3)

Knowingly

The term knowingly has the meaning given that term in section 14 of the Iran Sanctions Act of 1996 (Public Law 104–172; 50 U.S.C. 1701 note).

(4)

United States person

The term United States person has the meaning given that term in section 101 of the Comprehensive Iran Sanctions, Accountability, and Divestment Act of 2010 (22 U.S.C. 8511).

I

Expansion of multilateral sanctions regime with respect to Iran

101.

Policy of the United States with respect to development of nuclear weapons capabilities by Iran

It shall be the policy of the United States—

(1)

to prevent the Government of Iran from—

(A)

acquiring or developing nuclear weapons;

(B)

developing its advanced conventional weapons and ballistic missile capabilities; and

(C)

continuing its support for terrorist organizations and other activities aimed at undermining and destabilizing its neighbors and other countries; and

(2)

to fully implement all multilateral and bilateral sanctions against Iran, as part of larger multilateral and bilateral diplomatic efforts, in order to compel the Government of Iran—

(A)

to abandon efforts to acquire a nuclear weapons capability;

(B)

to abandon and dismantle its ballistic missile and unconventional weapons programs; and

(C)

to cease all support for terrorist organizations and other terrorist activities aimed at undermining and destabilizing its neighbors and other countries.

102.

Sense of Congress on expansion of multilateral sanctions regime and implementation of sanctions laws

It is the sense of Congress that the goal of compelling Iran to abandon efforts to acquire a nuclear weapons capability and other threatening activities can be effectively achieved through—

(1)

the prompt expansion, vigorous implementation, and intensification of enforcement of the current multilateral sanctions regime with respect to Iran; and

(2)

full and vigorous implementation of all sanctions enacted into law, including sanctions imposed or expanded by this Act or amendments made by this Act.

103.

Diplomatic efforts to expand multilateral sanctions regime

(a)

Multilateral negotiations

In order to further the policy set forth in section 101, Congress urges the President to intensify diplomatic efforts, both in appropriate international fora such as the United Nations and bilaterally with allies of the United States, to expand the multilateral sanctions regime with respect to Iran, including—

(1)

expanding the United Nations Security Council sanctions regime to include—

(A)

a prohibition on the issuance of visas to any official of the Government of Iran who is involved in—

(i)

human rights violations in or outside of Iran;

(ii)

the development of a nuclear weapons program and a ballistic missile capability in Iran; or

(iii)

support by the Government of Iran for terrorist organizations, including Hamas and Hezbollah; and

(B)

a requirement that each member country of the United Nations prohibit the Islamic Republic of Iran Shipping Lines from landing at seaports, and cargo flights of Iran Air from landing at airports, in that country because of the role of those organizations in proliferation and illegal arms sales;

(2)

expanding the range of sanctions imposed with respect to Iran by allies of the United States;

(3)

expanding efforts to limit the development of petroleum resources and the importation of refined petroleum products by Iran;

(4)

developing additional initiatives to—

(A)

increase the production of crude oil in countries other than Iran; and

(B)

assist countries that purchase or otherwise obtain crude oil or petroleum products from Iran to reduce their dependence on crude oil and petroleum products from Iran; and

(5)

eliminating the revenue generated by the Government of Iran from the sale of petrochemical products produced in Iran to other countries.

(b)

Reports to Congress

Not later than 180 days after the date of the enactment of this Act, and every 180 days thereafter, the President shall submit to the appropriate congressional committees a report on the extent to which diplomatic efforts described in subsection (a) have been successful that includes—

(1)

an identification of the countries that have agreed to impose additional sanctions or take other measures to further the policy set forth in section 101 and a description of those measures;

(2)

an identification of the countries that have not agreed to impose such sanctions or measures;

(3)

recommendations for additional measures that the United States could take to further the policy set forth in section 101; and

(4)

a description of any decision by the World Trade Organization with respect to whether the imposition by any country of any sanction with respect to Iran is inconsistent with the obligations of that country as a member of the World Trade Organization or under the General Agreement on Tariffs and Trade, done at Geneva October 30, 1947.

104.

Sense of Congress regarding the imposition of sanctions with respect to Iran

It is the sense of Congress that all efforts should be made by the President to maximize the effects of existing sanctions with respect to Iran and the United States should take all necessary measures to preserve robust information-sharing activities.

II

Expansion of sanctions relating to the energy sector of Iran and proliferation of weapons of mass destruction by Iran

A

Expansion of Iran Sanctions Act of 1996

201.

Imposition of sanctions with respect to joint ventures with the Government of Iran relating to developing petroleum resources

Section 5(a) of the Iran Sanctions Act of 1996 (Public Law 104–172; 50 U.S.C. 1701 note) is amended—

(1)

in the subsection heading, by striking with respect to and all that follows through to Iran and inserting relating to the energy sector of Iran; and

(2)

by adding at the end the following:

(4)

Joint ventures with Iran relating to developing petroleum resources

(A)

In general

Except as provided in subparagraph (B) and subsection (f), the President shall impose 3 or more of the sanctions described in section 6(a) with respect to a person if the President determines that the person knowingly participates, on or after the date of the enactment of the Iran Sanctions, Accountability, and Human Rights Act of 2012, in a joint venture with respect to the development of petroleum resources outside of Iran if—

(i)

the joint venture is established on or after January 1, 2002; and

(ii)
(I)

the Government of Iran is a substantial partner or investor in the joint venture; or

(II)

Iran could, through a direct operational role in the joint venture or by other means, receive technological knowledge or equipment not previously available to Iran that could directly and significantly contribute to the enhancement of Iran's ability to develop petroleum resources in Iran.

(B)

Applicability

Subparagraph (A) shall not apply with respect to participation in a joint venture established on or after January 1, 2002, and before the date of the enactment of the Iran Sanctions, Accountability, and Human Rights Act of 2012 if the person participating in the joint venture terminates that participation not later than the date that is 180 days after such date of enactment.

.

202.

Imposition of sanctions with respect to the provision of goods, services, technology, or support for the energy or petrochemical sectors of Iran

Section 5(a) of the Iran Sanctions Act of 1996 (Public Law 104–172; 50 U.S.C. 1701 note), as amended by section 201, is further amended by adding at the end the following:

(5)

Support for the development of petroleum resources and refined petroleum products in Iran

(A)

In general

Except as provided in subsection (f), the President shall impose 3 or more of the sanctions described in section 6(a) with respect to a person if the President determines that the person knowingly, on or after the date of the enactment of the Iran Sanctions, Accountability, and Human Rights Act of 2012, sells, leases, or provides to Iran goods, services, technology, 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, or support described

Goods, services, technology, or support described in this subparagraph are goods, services, technology, or support that could directly and significantly contribute to the maintenance or enhancement of Iran's—

(i)

ability to develop petroleum resources located in Iran; or

(ii)

domestic production of refined petroleum products, including any direct and significant assistance with respect to the construction, modernization, or repair of petroleum refineries or directly associated infrastructure, including port facilities, railroads, or roads, if the predominant use of those facilities, railroads, or roads is for the transportation of refined petroleum products.

(6)

Development and purchase of petrochemical products from Iran

(A)

In general

Except as provided in subsection (f), the President shall impose 3 or more of the sanctions described in section 6(a) with respect to a person if the President determines that the person knowingly, on or after the date of the enactment of Iran Sanctions, Accountability, and Human Rights Act of 2012, sells, leases, or provides to Iran goods, services, technology, or support described in subparagraph (B)—

(i)

any of which has a fair market value of $250,000 or more; or

(ii)

that, during a 12-month period, have an aggregate fair market value of $1,000,000 or more.

(B)

Goods, services, technology, or support described

Goods, services, technology, or support described in this subparagraph are goods, services, technology, or support that could directly and significantly contribute to the maintenance or expansion of Iran’s domestic production of petrochemical products.

.

203.

Imposition of sanctions with respect to joint ventures with the Government of Iran relating to mining, production, or transportation of uranium

Section 5(b) of the Iran Sanctions Act of 1996 (Public Law 104–172; 50 U.S.C. 1701 note) is amended—

(1)

in paragraph (1)—

(A)

by redesignating subparagraphs (A) and (B) as clauses (i) and (ii), respectively, and moving such clauses, as so redesignated, 2 ems to the right;

(B)

by striking a person has, on or after and inserting the following: “a person has—

(A)

on or after

;

(C)

in subparagraph (A)(ii), as redesignated, by striking the period and inserting ; or; and

(D)

by adding at the end the following:

(B)

except as provided in paragraph (3), knowingly participated, on or after the date of the enactment of the Iran Sanctions, Accountability, and Human Rights Act of 2012, in a joint venture—

(i)

with—

(I)

the Government of Iran;

(II)

an entity incorporated in Iran or subject to the jurisdiction of the Government of Iran; or

(III)

a person acting on behalf of or at the direction of, or owned or controlled by, the Government of Iran or an entity described in subclause (II); and

(ii)

that involves any activity relating to the mining, production, or transportation of uranium.

; and

(2)

by adding at the end the following:

(3)

Applicability of sanctions with respect to joint ventures relating to the mining, production, or transportation of uranium

(A)

In general

Paragraph (1)(B) shall apply with respect to participation, on or after the date of the enactment of the Iran Sanctions, Accountability, and Human Rights Act of 2012, in—

(i)

a joint venture established on or after such date of enactment; and

(ii)

except as provided in subparagraph (B), a joint venture established before such date of enactment.

(B)

Exception

Paragraph (1)(B) shall not apply with respect to participation in a joint venture described in subparagraph (A)(ii) if the person participating in the joint venture terminates that participation not later than the date that is 180 days after the date of the enactment of the Iran Sanctions, Accountability, and Human Rights Act of 2012.

.

204.

Expansion of sanctions available under the Iran Sanctions Act of 1996

(a)

In general

Section 6(a) of the Iran Sanctions Act of 1996 (Public Law 104–172; 50 U.S.C. 1701 note) is amended—

(1)

by redesignating paragraph (9) as paragraph (11); and

(2)

by inserting after paragraph (8) the following:

(9)

Exclusion of corporate officers

The President may direct the Secretary of State to deny a visa to, and the Secretary of Homeland Security to exclude from the United States, any alien that the President determines is a corporate officer or principal of, or a shareholder with a controlling interest in, a sanctioned person.

(10)

Sanctions on principal executive officers

The President may impose on the principal executive officer or officers of any sanctioned person, or on persons performing similar functions and with similar authorities as such officer or officers, any of the sanctions under this subsection.

.

(b)

Effective date

The amendments made by subsection (a) shall take effect on the date of the enactment of this Act and apply with respect to activities described in section 5 of the Iran Sanctions Act of 1996, as amended by this Act, commenced on or after such date of enactment.

205.

Expansion of definitions under the Iran Sanctions Act of 1996

(a)

In general

Section 14 of the Iran Sanctions Act of 1996 (Public Law 104–172; 50 U.S.C. 1701 note) is amended by adding at the end the following:

(19)

Credible information

The term credible information, with respect to a person—

(A)

includes—

(i)

a public announcement by the person that the person has engaged in an activity described in section 5; and

(ii)

information set forth in a report to stockholders of the person indicating that the person has engaged in such an activity; and

(B)

may include, in the discretion of the President—

(i)

an announcement by the Government of Iran that the person has engaged in such an activity; or

(ii)

information indicating that the person has engaged in such an activity that is set forth in—

(I)

a report of the Government Accountability Office, the Energy Information Administration, or the Congressional Research Service; or

(II)

a report or publication of a similarly reputable governmental organization.

(20)

Petrochemical product

The term petrochemical product includes any aromatic, olefin, or synthesis gas, and any derivative of such a gas, including ethylene, propylene, butadiene, benzene, toluene, xylene, ammonia, methanol, and urea.

.

(b)

Effective date

The amendment made by subsection (a) shall take effect on the date of the enactment of this Act and apply with respect to activities described in section 5 of the Iran Sanctions Act of 1996, as amended by this Act, commenced on or after such date of enactment.

B

Additional measures relating to sanctions against Iran

211.

Imposition of sanctions with respect to the provision of vessels or shipping services to transport certain goods related to proliferation or terrorism activities to Iran

(a)

In general

Except as provided in subsection (c), if the President determines that a person, on or after the date of the enactment of this Act, knowingly provides a vessel, insurance or reinsurance, or any other shipping service for the transportation to or from Iran of goods that could materially contribute to the activities of the Government of Iran with respect to the proliferation of weapons of mass destruction or support for acts of international terrorism, the President shall, pursuant to Executive Order 13382 (70 Fed. Reg. 38567; relating to blocking of property of weapons of mass destruction proliferators and their supporters) or Executive Order 13224 (66 Fed. Reg. 49079; relating to blocking property and prohibiting transactions with persons who commit, threaten to commit, or support terrorism), or otherwise pursuant to the International Emergency Economic Powers Act (50 U.S.C. 1701 et seq.), block and prohibit all transactions in all property and interests in property of the persons specified in 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.

(b)

Persons specified

The persons specified in this subsection are—

(1)

the person that provided a vessel, insurance or reinsurance, or other shipping service 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) provided the vessel, insurance or reinsurance, or other shipping service; 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 provision of the vessel, insurance or reinsurance, or other shipping service.

(c)

Waiver

The President may waive the requirement to impose sanctions with respect to a person under subsection (a) on or after the date that is 30 days after the President—

(1)

determines that such a waiver is in the national security interests of the United States; and

(2)

submits to the appropriate congressional committees a report that contains the reasons for that determination.

(d)

Rule of construction

Nothing in this section shall be construed to limit the authority of the President to designate persons for the imposition of sanctions pursuant to Executive Order 13382 (70 Fed. Reg. 38567; relating to the blocking of property of weapons of mass destruction proliferators and their supporters) or Executive Order 13224 (66 Fed. Reg. 49079; relating to blocking property and prohibiting transactions with persons who commit, threaten to commit, or support terrorism), or otherwise pursuant to the International Emergency Economic Powers Act (50 U.S.C. 1701 et seq.).

212.

Imposition of sanctions with respect to subsidiaries and agents of persons sanctioned by United Nations Security Council resolutions

(a)

In general

Section 104(c)(2)(B) of the Comprehensive Iran Sanctions, Accountability, and Divestment Act of 2010 (22 U.S.C. 8513(c)(2)(B)) is amended—

(1)

by striking of a person subject and inserting the following:

of—

(i)

a person subject

;

(2)

in clause (i), as redesignated, by striking the semicolon and inserting ; or; and

(3)

by adding at the end the following:

(ii)

a person acting on behalf of or at the direction of, or owned or controlled by, a person described in clause (i);

.

(b)

Regulations

Not later than 90 days after the date of the enactment of this Act, the Secretary of the Treasury shall make such revisions to the regulations prescribed under section 104 of the Comprehensive Iran Sanctions, Accountability, and Divestment Act of 2010 (22 U.S.C. 8513) as are necessary to carry out the amendments made by subsection (a).

213.

Liability of parent companies for violations of sanctions by foreign subsidiaries

(a)

Definitions

In this section:

(1)

Entity

The term entity means a partnership, association, trust, joint venture, corporation, or other organization.

(2)

Own or control

The term own or control means, with respect to an entity—

(A)

to hold more than 50 percent of the equity interest by vote or value in the entity;

(B)

to hold a majority of seats on the board of directors of the entity; or

(C)

to otherwise control the actions, policies, or personnel decisions of the entity.

(b)

Prohibition

Not later than 60 days after the date of the enactment of this Act, the President shall prohibit an entity owned or controlled by a United States person and established or maintained outside the United States from engaging in any transaction directly or indirectly with the Government of Iran or any person subject to the jurisdiction of that Government that would be prohibited by an order or regulation issued pursuant to the International Emergency Economic Powers Act (50 U.S.C. 1701 et seq.) if the transaction were engaged in by a United States person or in the United States.

(c)

Civil penalty

The civil penalties provided for in section 206(b) of the International Emergency Economic Powers Act (50 U.S.C. 1705(b)) shall apply to a United States person to the same extent that such penalties apply to a person that commits an unlawful act described in section 206(a) of that Act if an entity owned or controlled by the United States person and established or maintained outside the United States violates, attempts to violate, conspires to violate, or causes a violation of any order or regulation issued to implement subsection (b).

(d)

Applicability

Subsection (c) shall not apply with respect to a transaction described in subsection (b) by an entity owned or controlled by a United States person and established or maintained outside the United States if the United States person divests or terminates its business with the entity not later than the date that is 180 days after the date of the enactment of this Act.

214.

Disclosures to the Securities and Exchange Commission relating to sanctionable activities

(a)

In general

Section 13 of the Securities Exchange Act of 1934 (15 U.S.C. 78m) is amended by adding at the end the following new subsection:

(r)

Disclosure of certain activities relating to Iran

(1)

In general

Each issuer required to file an annual or quarterly report under subsection (a) shall disclose in that report the information required by paragraph (2) if, during the period covered by the report, the issuer or any affiliate of the issuer—

(A)

knowingly engaged in an activity described in section 5 of the Iran Sanctions Act of 1996 (Public Law 104–172; 50 U.S.C. 1701 note);

(B)

knowingly engaged in an activity described in subsection (c)(2) of section 104 of the Comprehensive Iran Sanctions, Accountability, and Divestment Act of 2010 (22 U.S.C. 8513) or a transaction described in subsection (d)(1) of that section;

(C)

knowingly engaged in an activity described in section 105A(b)(2) of that Act; or

(D)

knowingly conducted any transaction or dealing with—

(i)

any person the property and interests in property of which are blocked pursuant to Executive Order 13224 (66 Fed. Reg. 49079; relating to blocking property and prohibiting transactions with persons who commit, threaten to commit, or support terrorism);

(ii)

any person the property and interests in property of which are blocked pursuant to Executive Order 13382 (70 Fed. Reg. 38567; relating to blocking of property of weapons of mass destruction proliferators and their supporters); or

(iii)

any person identified under section 560.304 of title 31, Code of Federal Regulations (relating to the definition of the Government of Iran).

(2)

Information required

If an issuer or an affiliate of the issuer has engaged in any activity described in paragraph (1), the issuer shall disclose a detailed description of each such activity, including—

(A)

the nature and extent of the activity;

(B)

the gross revenues and net profits, if any, attributable to the activity; and

(C)

whether the issuer or the affiliate of the issuer (as the case may be) intends to continue the activity.

(3)

Notice of disclosures

If an issuer reports under paragraph (1) that the issuer or an affiliate of the issuer has knowingly engaged in any activity described in that paragraph, the issuer shall separately file with the Commission, concurrently with the annual or quarterly report under subsection (a), a notice that the disclosure of that activity has been included in that annual or quarterly report that identifies the issuer and contains the information required by paragraph (2).

(4)

Public disclosure of information

Upon receiving a notice under paragraph (3) that an annual or quarterly report includes a disclosure of an activity described in paragraph (1), the Commission shall promptly—

(A)

transmit the report to—

(i)

the President;

(ii)

the Committee on Foreign Affairs and the Committee on Financial Services of the House of Representatives; and

(iii)

the Committee on Foreign Relations and the Committee on Banking, Housing, and Urban Affairs of the Senate; and

(B)

make the information provided in the disclosure and the notice available to the public by posting the information on the Internet website of the Commission.

(5)

Investigations

Upon receiving a report under paragraph (4), the President shall—

(A)

initiate an investigation into the possible imposition of sanctions under the Iran Sanctions Act of 1996 (Public Law 104–172; 50 U.S.C. 1701 note), section 104 or 105A of the Comprehensive Iran Sanctions, Accountability, and Divestment Act of 2010, an Executive Order specified in clause (i) or (ii) of paragraph (1)(D), or any other provision of law relating to the imposition of sanctions with respect to Iran, as applicable; and

(B)

not later than 180 days after initiating such an investigation, make a determination with respect to whether sanctions should be imposed with respect to the issuer or the affiliate of the issuer (as the case may be).

(6)

Sunset

The provisions of this subsection shall terminate on the date that is 30 days after the date on which the President makes the certification described in section 401(a) of the Comprehensive Iran Sanctions, Accountability, and Divestment Act of 2010 (22 U.S.C. 8551(a)).

.

(b)

Effective date

The amendment made by subsection (a) shall take effect with respect to reports required to be filed with the Securities and Exchange Commission after the date that is 180 days after the date of the enactment of this Act.

215.

Identification of, and immigration restrictions on, senior officials of the Government of Iran and their family members

(a)

Identification

Not later than 180 days after the date of the enactment of this Act, and annually thereafter, the President shall publish a list of each individual the President determines is—

(1)

a senior official of the Government of Iran described in subsection (b) that is involved in Iran's—

(A)

illicit nuclear activities or proliferation of weapons of mass destruction or delivery systems for weapons of mass destruction;

(B)

support for international terrorism; or

(C)

commission of serious human rights abuses against citizens of Iran or their family members; or

(2)

a family member of such an official.

(b)

Senior officials of the Government of Iran described

A senior official of the Government of Iran described in this subsection is any senior official of that Government, including—

(1)

the Supreme Leader of Iran, Ali Khamenei;

(2)

the President of Iran, Mahmoud Ahmadinejad;

(3)

a member of the Cabinet of the Government of Iran;

(4)

a member of the Assembly of Experts;

(5)

a senior member of the Intelligence Ministry of Iran; or

(6)

a member of Iran's Revolutionary Guard Corps with the rank of brigadier general or higher, including a member of a paramilitary organization such as Ansar-e-Hezbollah or Basij-e Motaz’afin.

(c)

Restrictions on visas and adjustments in immigration status

The Secretary of State and the Secretary of Homeland Security may not grant an individual on the list required by subsection (a) immigration status in, or admit the individual to, the United States.

(d)

Waiver

The President may waive the application of subsection (a) or (c) with respect to an individual if the President—

(1)

determines that such a waiver is—

(A)

in the national interests of the United States; or

(B)

necessary 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

(2)

not less than 7 days before the waiver takes effect, notifies Congress of the waiver and the reason for the waiver.

216.

Reports on, and authorization of imposition of sanctions with respect to, the provision of financial communications services to the Central Bank of Iran and sanctioned Iranian financial institutions

(a)

Sense of Congress

It is the sense of Congress that—

(1)

the President has been engaged in diplomatic efforts to multilateralize sanctions against Iran to restrict the access of the Government of Iran to the global financial system;

(2)

the President should intensify those efforts and, in particular, efforts to ensure that global financial communications services providers, such as the Society for Worldwide Interbank Financial Telecommunication (in this section referred to as SWIFT), cut off services to Iranian financial institutions designated for the imposition of sanctions pursuant to the International Emergency Economic Powers Act (50 U.S.C. 1701 et seq.); and

(3)

at a time when financial institutions around the world are severing their ties with such Iranian financial institutions, it is inconsistent and troubling that financial communications services providers continue to service those financial institutions, particularly with respect to the Belgian cooperative SWIFT, which—

(A)

is subject to the prohibition of the European Union on providing economic resources to financial institutions designated for the imposition of sanctions by the European Union; and

(B)

notes in its own corporate rules that it reserves the right to expel a SWIFT customer that may adversely affect SWIFT's reputation, brand, or goodwill, for instance if the SWIFT customer is subject to sanctions (such as by the United Nations or the European Union), as is the case with Iranian financial institutions.

(b)

Report on the provision of financial communications services to sanctioned Iranian financial institutions

Not later than 60 days after the date of the enactment of this Act, the Comptroller General of the United States shall submit to the appropriate congressional committees a list of all known entities (including SWIFT) that provide financial communications services to, or that enable or facilitate access to such services for, the Central Bank of Iran or a financial institution described in section 104(c)(2)(E)(ii) of the Comprehensive Iran Sanctions, Accountability, and Divestment Act of 2010 (22 U.S.C. 8513(c)(2)(E)(ii)).

(c)

Report on efforts to terminate the provision by SWIFT of services for sanctioned Iranian financial institutions

Not later than 90 days after the date of the enactment of this Act, the Secretary of the Treasury shall submit to the appropriate congressional committees a report on the status of efforts to ensure that SWIFT has terminated the provision of financial communications services to, and the enabling and facilitation of access to such services for, the Central Bank of Iran and Iranian financial institutions designated for the imposition of sanctions pursuant to the International Emergency Economic Powers Act (50 U.S.C. 1701 et seq.).

(d)

Authorization for the imposition of sanctions

If, on or after the date that is 90 days after the date of the enactment of this Act, a global financial communications services provider has not terminated the provision of financial communications services to, and the enabling and facilitation of access to such services for, the Central Bank of Iran and any financial institution described in paragraph (2)(E)(ii) of section 104(c) of the Comprehensive Iran Sanctions, Accountability, and Divestment Act of 2010 (22 U.S.C. 8513(c)), the President may impose sanctions pursuant to that section or the International Emergency Economic Powers Act (50 U.S.C. 1701 et seq.) with respect to the financial communications services provider and the directors of, and shareholders with a significant interest in, the provider.

217.

Government Accountability Office report on foreign entities that invest in the energy sector of Iran or export refined petroleum products to Iran

(a)

Initial report

(1)

In general

Not later than 180 days after the date of the enactment of this Act, the Comptroller General of the United States shall submit to the appropriate congressional committees a report—

(A)

listing all foreign investors in the energy sector of Iran during the period specified in paragraph (2), including—

(i)

all entities that exported gasoline and other refined petroleum products to Iran;

(ii)

all entities involved in providing refined petroleum products to Iran, including—

(I)

entities that provided ships to transport refined petroleum products to Iran; and

(II)

entities that provided insurance or reinsurance for shipments of refined petroleum products to Iran; and

(iii)

all entities involved in commercial transactions of any kind, including joint ventures anywhere in the world, with Iranian energy companies; and

(B)

identifying the countries in which gasoline and other refined petroleum products exported to Iran during the period specified in paragraph (2) were produced or refined.

(2)

Period specified

The period specified in this paragraph is the period beginning on January 1, 2006, and ending on the date that is 150 days after the date of the enactment of this Act.

(b)

Updated reports

Not later than one year after submitting the report required by subsection (a), and annually thereafter, the Comptroller General of the United States shall submit to the appropriate congressional committees a report containing the matters required in the report under subsection (a)(1) for the one-year period beginning on the date that is 30 days before the date on which the preceding report was required to be submitted by this section.

218.

Reporting on the importation to and exportation from Iran of crude oil and refined petroleum products

Section 110(b) of the Comprehensive Iran Sanctions, Accountability, and Divestment Act of 2010 (22 U.S.C. 8518(b)) is amended by striking a report containing the matters and all that follows through the period at the end and inserting the following: “a report, covering the 180-day period beginning on the date that is 30 days before the date on which the preceding report was required to be submitted by this section, that—

(1)

contains the matters required in the report under subsection (a)(1); and

(2)

identifies—

(A)

the volume of crude oil and refined petroleum products imported to and exported from Iran (including through swaps and similar arrangements);

(B)

the persons selling and transporting crude oil and refined petroleum products described in subparagraph (A), the countries with primary jurisdiction over those persons, and the countries in which those products were refined;

(C)

the sources of financing for imports to Iran of crude oil and refined petroleum products described in subparagraph (A); and

(D)

the involvement of foreign persons in efforts to assist Iran in—

(i)

developing upstream oil and gas production capacity;

(ii)

importing advanced technology to upgrade existing Iranian refineries;

(iii)

converting existing chemical plants to petroleum refineries; or

(iv)

maintaining, upgrading, or expanding refineries or constructing new refineries.

.

III

Sanctions with respect to Iran's Revolutionary Guard Corps

A

Identification of, and sanctions with respect to, officials, agents, affiliates, and supporters of Iran's Revolutionary Guard Corps and other sanctioned persons

301.

Identification of, and imposition of sanctions with respect to, officials, agents, and affiliates of Iran's Revolutionary Guard Corps

(a)

In general

Not later than 90 days after the date of the enactment of this Act, and as appropriate thereafter, the President shall—

(1)

identify foreign persons that are officials, agents, or affiliates of Iran's Revolutionary Guard Corps; and

(2)

for each foreign person identified under paragraph (1) that is not already designated for the imposition of sanctions pursuant to the International Emergency Economic Powers Act (50 U.S.C. 1701 et seq.)—

(A)

designate that foreign person for the imposition of sanctions pursuant to that Act; and

(B)

block and prohibit all transactions in all property and interests in property of that foreign person if such property and interests in property are in the United States, come within the United States, or are or come within the possession or control of a United States person.

(b)

Priority for investigation

In identifying foreign persons pursuant to subsection (a)(1) as officials, agents, or affiliates of Iran's Revolutionary Guard Corps, the President shall give priority to investigating—

(1)

foreign persons identified under section 560.304 of title 31, Code of Federal Regulations (relating to the definition of the Government of Iran); and

(2)

foreign persons for which there is a reasonable basis to find that the person has conducted or attempted to conduct one or more sensitive transactions or activities described in subsection (c).

(c)

Sensitive transactions and activities described

A sensitive transaction or activity described in this subsection is—

(1)

a financial transaction or series of transactions valued at more than $1,000,000 in the aggregate in any 12-month period involving a non-Iranian financial institution;

(2)

a transaction to facilitate the manufacture, importation, exportation, or transfer of items needed for the development by Iran of nuclear, chemical, biological, or advanced conventional weapons, including ballistic missiles;

(3)

a transaction relating to the manufacture, procurement, or sale of goods, services, and technology relating to Iran's energy sector, including a transaction relating to the development of the energy resources of Iran, the exportation of petroleum products from Iran, the importation of refined petroleum to Iran, or the development of refining capacity available to Iran;

(4)

a transaction relating to the manufacture, procurement, or sale of goods, services, and technology relating to Iran's petrochemical sector; or

(5)

a transaction relating to the procurement of sensitive technologies (as defined in section 106(c) of the Comprehensive Iran Sanctions, Accountability, and Divestment Act of 2010 (22 U.S.C. 8515(c))).

(d)

Exclusion from United States

(1)

In general

Subject to paragraph (2), the Secretary of State shall deny a visa to, and the Secretary of Homeland Security shall exclude from the United States, any alien who, on or after the date of the enactment of this Act, is a foreign person designated pursuant to subsection (a) for the imposition of sanctions pursuant to the International Emergency Economic Powers Act (50 U.S.C. 1701 et seq.).

(2)

Regulatory exceptions to comply with international obligations

The requirement to deny visas to and exclude aliens from the United States pursuant to paragraph (1) shall be 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.

(e)

Waiver of imposition of sanctions

(1)

In general

The President may waive the application of subsection (a)(2) or (d) with respect to a foreign person if the President—

(A)

determines that it is in the national security interests of the United States to do so; and

(B)

submits to the appropriate congressional committees a report that—

(i)

identifies the foreign person with respect to which the waiver applies; and

(ii)

sets forth the reasons for the determination.

(2)

Form of report

A report submitted under paragraph (1)(B) shall be submitted in unclassified form but may contain a classified annex.

(f)

Rule of construction

Nothing in this section shall be construed to remove any sanction of the United States in force with respect to Iran's Revolutionary Guard Corps as of the date of the enactment of this Act.

302.

Identification of, and imposition of sanctions with respect to, persons that support or conduct certain transactions with Iran's Revolutionary Guard Corps or other sanctioned persons

(a)

Identification

(1)

In general

Not later than 90 days after the date of the enactment of this Act, and every 180 days thereafter, the President shall submit to the appropriate congressional committees a report identifying foreign persons that the President determines, on or after the date of the enactment of this Act, knowingly—

(A)

materially assist, sponsor, or provide financial, material, or technological support for, or goods or services in support of, Iran’s Revolutionary Guard Corps or any of its officials, agents, or affiliates the property and interests in property of which are blocked pursuant to the International Emergency Economic Powers Act (50 U.S.C. 1701 et seq.);

(B)

engage in a significant transaction or transactions with Iran’s Revolutionary Guard Corps or any such official, agent, or affiliate; or

(C)

engage in a significant transaction or transactions with—

(i)

a person subject to financial sanctions pursuant to United Nations Security Council Resolution 1737 (2006), 1747 (2007), 1803 (2008), or 1929 (2010), or any other resolution that is adopted by the Security Council and imposes sanctions with respect to Iran or modifies such sanctions; or

(ii)

a person acting on behalf of or at the direction of, or owned or controlled by, a person described in clause (i).

(2)

Form of report

A report submitted under paragraph (1) shall be submitted in unclassified form but may contain a classified annex.

(3)

Barter transactions

For purposes of paragraph (1), the term transaction includes a barter transaction.

(b)

Imposition of sanctions

If the President determines under subsection (a)(1) that a foreign person has knowingly engaged in an activity described in that subsection, the President—

(1)

shall impose 3 or more of the sanctions described in section 6(a) of the Iran Sanctions Act of 1996, as amended by section 204 of this Act; and

(2)

may impose additional sanctions pursuant to the International Emergency Economic Powers Act (50 U.S.C. 1701 et seq.) with respect to the person.

(c)

Termination

The President may terminate a sanction imposed with respect to a foreign person pursuant to subsection (b) if the President determines that the person—

(1)

no longer engages in the activity for which the sanction was imposed; and

(2)

has provided assurances to the President that the person will not engage in any activity described in subsection (a)(1) in the future.

(d)

Waiver of imposition of sanctions

(1)

In general

The President may waive the imposition of sanctions under subsection (b) with respect to a foreign person if the President—

(A)
(i)

determines that the person has ceased the activity for which sanctions would otherwise be imposed and has taken measures to prevent a recurrence of the activity; or

(ii)

determines that it is in the national security interests of the United States to do so; and

(B)

submits to the appropriate congressional committees a report that—

(i)

identifies the foreign person with respect to which the waiver applies;

(ii)

describes the activity that would otherwise subject the foreign person to the imposition of sanctions under subsection (b); and

(iii)

sets forth the reasons for the determination.

(2)

Form of report

A report submitted under paragraph (1)(B) shall be submitted in unclassified form but may contain a classified annex.

(e)

Waiver of identifications and designations

Notwithstanding any other provision of this subtitle and subject to paragraph (2), the President shall not be required to make any identification of a foreign person under subsection (a) or any identification or designation of a foreign person under section 301(a) if the President—

(1)

determines that doing so would cause damage to the national security of the United States, including through the divulgence of sources or methods of obtaining intelligence or other critical classified information; and

(2)

notifies the appropriate congressional committees of the exercise of the authority provided under this subsection.

(f)

Application of provisions of Iran Sanctions Act of 1996

The following provisions of the Iran Sanctions Act of 1996, as amended by this Act, apply with respect to the imposition under subsection (b)(1) of sanctions relating to activities described in subsection (a)(1) to the same extent that such provisions apply with respect to the imposition of sanctions under section 5(a) of the Iran Sanctions Act of 1996:

(1)

Subsections (c) and (e) of section 4.

(2)

Subsections (c), (d), and (f) of section 5.

(3)

Section 8.

(4)

Section 9.

(5)

Section 11.

(6)

Section 12.

(7)

Subsection (b) of section 13.

(8)

Section 14.

303.

Rule of construction

Nothing in this subtitle shall be construed to limit the authority of the President to designate foreign persons for the imposition of sanctions pursuant to the International Emergency Economic Powers Act (50 U.S.C. 1701 et seq.).

B

Additional measures relating to Iran's Revolutionary Guard Corps

311.

Expansion of procurement prohibition to foreign persons that engage in certain transactions with Iran's Revolutionary Guard Corps

(a)

In general

Section 6(b)(1) of the Iran Sanctions Act of 1996 (Public Law 104–172; 50 U.S.C. 1701 note) is amended—

(1)

by striking Not later than 90 days and inserting the following:

(A)

Certifications relating to activities described in section 5

Not later than 90 days

; and

(2)

by adding at the end the following:

(B)

Certifications relating to transactions with Iran's Revolutionary Guard Corps

Not later than 90 days after the date of the enactment of the Iran Sanctions, Accountability, and Human Rights Act of 2012, the Federal Acquisition Regulation shall be revised to require a certification from each person that is a prospective contractor that the person, and any person owned or controlled by the person, does not knowingly engage in a significant transaction or transactions with Iran's Revolutionary Guard Corps or any of its officials, agents, or affiliates the property and interests in property of which are blocked pursuant to the International Emergency Economic Powers Act (50 U.S.C. 1701 et seq.).

.

(b)

Technical and conforming amendments

(1)

Section 6(b) of the Iran Sanctions Act of 1996, as amended by subsection (a), is further amended—

(A)

in paragraph (1)(A), as redesignated, by striking issued pursuant to section 25 of the Office of Federal Procurement Policy Act (41 U.S.C. 421);

(B)

in paragraph (2)—

(i)

in subparagraph (A), by striking the revision and inserting the applicable revision; and

(ii)

in subparagraph (B), by striking issued pursuant to section 25 of the Office of Federal Procurement Policy Act (41 U.S.C. 421);

(C)

by striking paragraph (6) and inserting the following:

(6)

Definitions

In this subsection:

(A)

Executive agency

The term executive agency has the meaning given that term in section 133 of title 41, United States Code.

(B)

Federal Acquisition Regulation

The term Federal Acquisition Regulation means the regulation issued pursuant to section 1303(a)(1) of title 41, United States Code.

; and

(D)

in paragraph (7)—

(i)

by striking The revisions to the Federal Acquisition Regulation required under paragraph (1) and inserting the following:

(A)

Certifications relating to activities described in section 5

The revisions to the Federal Acquisition Regulation required under paragraph (1)(A)

; and

(ii)

by adding at the end the following:

(B)

Certifications relating to transactions with Iran's Revolutionary Guard Corps

The revisions to the Federal Acquisition Regulation required under paragraph (1)(B) shall apply with respect to contracts for which solicitations are issued on or after the date that is 90 days after the date of the enactment of the Iran Sanctions, Accountability, and Human Rights Act of 2012.

.

(2)

Section 101(3) of the Comprehensive Iran Sanctions, Accountability, and Divestment Act of 2010 (22 U.S.C. 8511(3)) is amended by striking section 4 of the Office of Federal Procurement Policy Act (41 U.S.C. 403) and inserting section 133 of title 41, United States Code.

312.

Determinations of whether the National Iranian Oil Company and the National Iranian Tanker Company are agents or affiliates of Iran's Revolutionary Guard Corps

(a)

In general

Section 104(c) of the Comprehensive Iran Sanctions, Accountability, and Divestment Act of 2010 (22 U.S.C. 8513(c)) is amended by adding at the end the following:

(4)

Determinations regarding NIOC and NITC

(A)

Determinations

For purposes of paragraph (2)(E)(i), the Secretary of the Treasury shall, not later than 60 days after the date of the enactment of the Iran Sanctions, Accountability, and Human Rights Act of 2012—

(i)

determine whether the NIOC or the NITC is an agent or affiliate of Iran’s Revolutionary Guard Corps; and

(ii)

submit to the appropriate congressional committees a report on the determinations made under clause (i), together with the reasons for those determinations.

(B)

Form of report

A report submitted under subparagraph (A)(ii) shall be submitted in unclassified form but may contain a classified annex.

(C)

Applicability with respect to petroleum transactions

(i)

Application of sanctions

Except as provided in clause (ii), the regulations prescribed under paragraph (1) shall apply to a transaction for the purchase of petroleum or petroleum products from, or to financial services relating to such a transaction for, the NIOC or the NITC on or after the date that is 180 days after the date of the enactment of the National Defense Authorization Act for Fiscal Year 2012 (Public Law 112–81) only if the President has determined, pursuant to section 1245(d)(4)(B) of that Act, that there is a sufficient supply of petroleum and petroleum products produced in countries other than Iran to permit purchasers of petroleum and petroleum products from Iran to reduce significantly in volume their purchases from Iran.

(ii)

Exception for certain countries

The regulations prescribed under paragraph (1) shall not apply to a foreign financial institution that facilitates a significant transaction or transactions for the purchase of petroleum or petroleum products from, or that provides significant financial services relating to such a transaction for, the NIOC or the NITC if the President determines and reports to Congress, not later than 90 days after the date on which the President makes the determination required by section 1245(d)(4)(B) of the National Defense Authorization Act for Fiscal Year 2012, and every 180 days thereafter, that the country with primary jurisdiction over the foreign financial institution has significantly reduced its volume of crude oil purchases from Iran during the period beginning on the date on which the President submitted the last report with respect to the country under this clause.

(D)

Definitions

In this paragraph:

(i)

NIOC

The term NIOC means the National Iranian Oil Company.

(ii)

NITC

The term NITC means the National Iranian Tanker Company.

.

(b)

Conforming amendments

Section 104(g) of the Comprehensive Iran Sanctions, Accountability, and Divestment Act of 2010 (22 U.S.C. 8513(g)) is amended by striking subsection (c)(1) each place it appears and inserting paragraph (1) or (4) of subsection (c).

IV

Measures relating to human rights abuses in Iran

A

Expansion of sanctions relating to human rights abuses in Iran

401.

Imposition of sanctions with respect to the transfer of goods or technologies to Iran that are likely to be used to commit human rights abuses

(a)

In general

The Comprehensive Iran Sanctions, Accountability, and Divestment Act of 2010 (22 U.S.C. 8501 et seq.) is amended by inserting after section 105 the following:

105A.

Imposition of sanctions with respect to the transfer of goods or technologies to Iran that are likely to be used to commit human rights abuses

(a)

In general

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

(b)

List

(1)

In general

Not later than 90 days after the date of the enactment of the Iran Sanctions, Accountability, and Human Rights Act of 2012, the President shall submit to the appropriate congressional committees a list of persons that the President determines have knowingly engaged in an activity described in paragraph (2) on or after such date of enactment.

(2)

Activity described

(A)

In general

A person engages in an activity described in this paragraph if the person—

(i)

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

(ii)

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

(B)

Applicability to contracts and other agreements

A person engages in an activity described in subparagraph (A) without regard to whether the activity is carried out pursuant to a contract or other agreement entered into before, on, or after the date of the enactment of the Iran Sanctions, Accountability, and Human Rights Act of 2012.

(C)

Goods or technologies described

Goods or technologies described in this subparagraph are goods or technologies that the President determines are likely to be used by the Government of Iran or any of its agencies or instrumentalities to commit serious human rights abuses against the people of Iran, including—

(i)

firearms or ammunition (as those terms are defined in section 921 of title 18, United States Code), rubber bullets, police batons, pepper or chemical sprays, stun grenades, electroshock weapons, tear gas, water cannons, or surveillance technology; or

(ii)

sensitive technology (as defined in section 106(c)).

(3)

Special rule to allow for termination of sanctionable activity

The President shall not be required to include a person on the list required by paragraph (1) if the President certifies in writing to the appropriate congressional committees that—

(A)

the person is no longer engaging in, or has taken significant verifiable steps toward stopping, the activity described in paragraph (2) for which the President would otherwise have included the person on the list; and

(B)

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

(4)

Updates of list

The President shall submit to the appropriate congressional committees an updated list under paragraph (1)—

(A)

each time the President is required to submit an updated list to those committees under section 105(b)(2)(A); and

(B)

as new information becomes available.

(5)

Form of report; 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 websites of the Department of the Treasury and the Department of State.

(c)

Application of sanctions

(1)

In general

Subject to paragraph (2), the President shall impose sanctions described in section 105(c) with respect to a person on the list required by subsection (b).

(2)

Transfers to Iran's Revolutionary Guard Corps

In the case of a person on the list required by subsection (b) for transferring, or facilitating the transfer of, goods or technologies described in subsection (b)(2)(C) to Iran's Revolutionary Guard Corps, or providing services with respect to such goods or technologies after such goods or technologies are transferred to Iran's Revolutionary Guard Corps, the President shall—

(A)

impose sanctions described in section 105(c) with respect to the person; and

(B)

impose such other sanctions from among the sanctions described in section 6(a) of the Iran Sanctions Act of 1996 (Public Law 104–172; 50 U.S.C. 1701 note) as the President determines appropriate.

.

(b)

Clerical amendment

The table of contents for the Comprehensive Iran Sanctions, Accountability, and Divestment Act of 2010 is amended by inserting after the item relating to section 105 the following:

Sec. 105A. Imposition of sanctions with respect to the transfer of goods or technologies to Iran that are likely to be used to commit human rights abuses.

.

402.

Imposition of sanctions with respect to persons who engage in censorship or other related activities against citizens of Iran

(a)

In general

The Comprehensive Iran Sanctions, Accountability, and Divestment Act of 2010 (22 U.S.C. 8501 et seq.), as amended by section 401, is further amended by inserting after section 105A the following:

105B.

Imposition of sanctions with respect to persons who engage in censorship or other related activities against citizens of Iran

(a)

In general

The President shall impose sanctions described in section 105(c) with respect to each person on the list required by subsection (b).

(b)

List of persons who engage in censorship

(1)

In general

Not later than 90 days after the date of the enactment of the Iran Sanctions, Accountability, and Human Rights Act of 2012, the President shall submit to the appropriate congressional committees a list of persons that the President determines have engaged in censorship or other activities that prohibit, limit, or penalize the exercise of freedom of expression or assembly by citizens of Iran.

(2)

Applicability

Paragraph (1) applies with respect to censorship or other activities described in that paragraph that are—

(A)

commenced on or after the date of the enactment of the Iran Sanctions, Accountability, and Human Rights Act of 2012; or

(B)

commenced before such date of enactment, if such activities continue on or after such date of enactment.

(3)

Updates of list

The President shall submit to the appropriate congressional committees an updated list under paragraph (1)—

(A)

each time the President is required to submit an updated list to those committees under section 105(b)(2)(A); and

(B)

as new information becomes available.

(4)

Form of report; 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 websites of the Department of the Treasury and the Department of State.

.

(b)

Clerical amendment

The table of contents for the Comprehensive Iran Sanctions, Accountability, and Divestment Act of 2010, as amended by section 401, is further amended by inserting after the item relating to section 105A the following:

Sec. 105B. Imposition of sanctions with respect to persons who engage in censorship or other related activities against citizens of Iran.

.

(c)

Conforming amendments

Section 401(b)(1) of the Comprehensive Iran Sanctions, Accountability, and Divestment Act of 2010 (22 U.S.C. 8551(b)(1)) is amended—

(1)

by inserting , 105A(a), or 105B(a) after 105(a); and

(2)

by inserting , 105A(b), or 105B(b) after 105(b).

B

Additional measures to promote human rights in Iran

411.

Expedited consideration of requests for authorization of certain human rights-, humanitarian-, and democracy-related activities with respect to Iran

(a)

Requirement

The Office of Foreign Assets Control, in consultation with the Department of State, shall establish an expedited process for the consideration of complete requests for authorization to engage in human rights-, humanitarian-, or democracy-related activities relating to Iran that are submitted by—

(1)

entities receiving funds from the Department of State to engage in the proposed activity;

(2)

the Broadcasting Board of Governors; and

(3)

other appropriate agencies of the United States Government.

(b)

Procedures

Requests for authorization under subsection (a) shall be submitted to the Office of Foreign Assets Control in conformance with the agency’s regulations, including section 501.801 of title 31, Code of Federal Regulations (commonly known as the Reporting, Procedures and Penalties Regulations). Applicants must fully disclose the parties to the transactions as well as describe the activities to be undertaken. License applications involving the exportation or reexportation of goods, technology, or software to Iran must provide a copy of an official Commodity Classification issued by the Department of Commerce, Bureau of Industry and Security, as part of the license application.

(c)

Foreign Policy review

The Department of State shall complete a foreign policy review of a request for authorization under subsection (a) not later than 30 days after the request is referred to the Department by the Office of Foreign Assets Control.

(d)

License determinations

License determinations for complete requests for authorization under subsection (a) shall be made not later than 90 days after receipt by the Office of Foreign Assets Control, with the following exceptions:

(1)

Any requests involving the exportation or reexportation to Iran of goods, technology, or software listed on the Commerce Control List maintained pursuant to part 774 of the Export Administration Regulations shall be processed in a manner consistent with the Iran-Iraq Arms Non-Proliferation Act of 1992 (title XVI of Public Law 102–484) and other applicable provisions of law.

(2)

Any other requests presenting novel or extraordinary circumstances.

(e)

Regulations

The Secretary of the Treasury may prescribe such regulations as are appropriate to carry out this section.

412.

Comprehensive strategy to promote Internet freedom and access to information in Iran

Not later than 90 days after the date of the enactment of this Act, the President shall submit to the appropriate congressional committees a comprehensive strategy developed in consultation with the Department of State, the Department of the Treasury, and other Federal agencies, as appropriate, to—

(1)

assist the people of Iran to produce, access, and share information freely and safely via the Internet, including in Farsi and regional languages;

(2)

support the development of counter-censorship technologies that enable the citizens of Iran to undertake Internet activities without interference from the Government of Iran;

(3)

increase the capabilities and availability of secure communications through connective technology among human rights and democracy activists in Iran;

(4)

provide resources for digital safety training for media and academic and civil society organizations in Iran;

(5)

provide accurate and substantive Internet content in local languages in Iran;

(6)

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

(7)

expand surrogate radio, television, live stream, and social network communications inside Iran, including Voice of America's Persian News Network and Radio Free Europe/Radio Liberty's Radio Farda, to provide hourly live news update programming and breaking news coverage capability 24 hours a day and 7 days a week;

(8)

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

(9)

identify and utilize all available resources to overcome attempts by the Government of Iran to jam or otherwise deny international satellite broadcasting signals; and

(10)

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

413.

Sense of Congress on political prisoners

It is the sense of Congress that—

(1)

the Secretary of State should support efforts to research and identify prisoners of conscience and cases of human rights abuses in Iran;

(2)

the United States Government should—

(A)

offer refugee status or political asylum in the United States to political dissidents in Iran if requested and consistent with the laws and national security interests of the United States; and

(B)

offer to assist, through the United Nations High Commissioner for Refugees, with the relocation of such political prisoners to other countries if requested, as appropriate and with appropriate consideration for United States national security interests; and

(3)

the Secretary of State should publicly call for the release of Iranian dissidents by name and raise awareness with respect to individual cases of Iranian dissidents and prisoners of conscience, as appropriate and if requested by the dissidents or prisoners themselves or their families.

V

Miscellaneous

501.

Exclusion of citizens of Iran seeking education relating to the nuclear and energy sectors of Iran

(a)

In general

The Secretary of State shall deny a visa to, and the Secretary of Homeland Security shall exclude from the United States, any alien who is a citizen of Iran that the Secretary of State determines seeks to enter the United States to participate in coursework at an institution of higher education (as defined in section 101(a) of the Higher Education Act of 1965 (20 U.S.C. 1001(a))) to prepare the alien for a career in the energy sector of Iran or in nuclear science or nuclear engineering or a related field in Iran.

(b)

Applicability

Subsection (a) applies with respect to visa applications filed on or after the date of the enactment of this Act.

502.

Technical correction

(a)

In general

Section 1245(d)(2) of the National Defense Authorization Act for Fiscal Year 2012 (Public Law 112–81) is amended—

(1)

in the paragraph heading, by inserting agricultural commodities, after sales of; and

(2)

in the text, by inserting agricultural commodities, after sale of.

(b)

Effective date

The amendments made by subsection (a) shall take effect as if included in the National Defense Authorization Act for Fiscal Year 2012 (Public Law 112–81).

503.

Interests in financial assets of Iran

(a)

Interests in blocked assets

Notwithstanding any other provision of law, and preempting any inconsistent provision of State law, the property interest of Iran in a blocked asset shall include an interest in property of any nature whatsoever, direct or indirect, including any direct or indirect interest in securities or other financial assets immobilized or in any other manner held in book entry form and credited to a securities account in the United States and the proceeds thereof, or in any funds transfers held in a United States financial institution. The property interest of Iran in securities or other financial assets immobilized or in any other manner held in book entry form and credited to a securities account in the United States and proceeds thereof shall be deemed to exist at every tier of securities intermediary necessary to hold an interest in any such securities or other financial assets. The property interest of Iran in a funds transfer shall exist at any intermediary bank necessary to complete such funds transfer.

(b)

Property in the United States of Iran

Notwithstanding any other provision of law, and preempting any inconsistent provision of State law, the property, including any interest in the property, of Iran shall be deemed to be property in the United States of Iran if—

(1)

that property is an interest, held directly or indirectly for the benefit of Iran or for the benefit of any securities intermediary that directly or indirectly holds the interest for the benefit of Iran, in securities or other financial assets that are represented by certificates or are in other physical form and are immobilized, custodized, or held for safekeeping or any other reason in the United States; or

(2)

that property is an interest in securities or other financial assets held in book entry form or otherwise, and credited to a securities account in the United States by any securities intermediary directly or indirectly for the benefit of Iran or for the benefit of any other securities intermediary that directly or indirectly holds the interest for the benefit of Iran.

(c)

Determination of whether securities or other assets are held or credited to a securities account in the United States

For purposes of this section, an interest in securities or other financial assets is held and credited to a securities account in the United States by a securities intermediary if the securities intermediary is located in the United States. A securities intermediary is conclusively presumed to be located in the United States if it is regulated in its capacity as a securities intermediary under the laws of the United States.

(d)

Commercial activity in the United States

Notwithstanding any other provision of law, the ownership by Iran, or its central bank or monetary authority, of any property, including the interest in property described in paragraphs (1) and (2) of subsection (b), or any other interest in property, shall be deemed to be commercial activity in the United States and that property, including any interest in that property, shall be deemed not to be held for the central bank’s or monetary authority’s own account.

(e)

Applicability

This section applies to all attachments and proceedings in aid of execution issued or obtained before, on, or after the date of the enactment of this Act with respect to judgments entered against Iran for damages for personal injury or death caused by an act of torture, extrajudicial killing, aircraft sabotage, or hostage-taking, or the provision of material support or resources for such an act.

(f)

Definitions

In this section:

(1)

Blocked asset

The term blocked asset

(A)

means any asset seized or frozen by the United States under section 5(b) of the Trading With the Enemy Act (50 U.S.C. App. 5(b)) or under section 202 or 203 of the International Emergency Economic Powers Act (50 U.S.C. 1701 and 1702); and

(B)

does not include property that—

(i)

is subject to a license issued by the United States Government for final payment, transfer, or disposition by or to a person subject to the jurisdiction of the United States in connection with a transaction for which the issuance of the license has been specifically required by a provision of law other than the International Emergency Economic Powers Act (50 U.S.C. 1701 et seq.) or the United Nations Participation Act of 1945 (22 U.S.C. 287 et seq.); or

(ii)

is property subject to the Vienna Convention on Diplomatic Relations or the Vienna Convention on Consular Relations, or that enjoys equivalent privileges and immunities under the laws of the United States, and is being used exclusively for diplomatic or consular purposes.

(2)

Clearing corporation

The term clearing corporation means—

(A)

a clearing agency (as defined in section 3(a)(23) of the Securities Exchange Act of 1934 (15 U.S.C. 78c(a)(23)));

(B)

a Federal reserve bank; or

(C)

any other person that provides clearance or settlement services with respect to financial assets that would require it to register as a clearing agency under the Federal securities laws but for an exclusion or exemption from the registration requirement under section 3(a)(23)(B) of the Securities Exchange Act of 1934, if its activities as a clearing corporation, including promulgation of rules, are subject to regulation by a Federal or State governmental authority.

(3)

Financial asset; security

The terms financial asset and security have the meanings given those terms in the Uniform Commercial Code.

(4)

Iran

The term Iran means the Government of Iran, including the central bank or monetary authority of that Government and any agency or instrumentality of that Government.

(5)

Property subject to the vienna convention on diplomatic relations or the vienna convention on consular relations

The term property subject to the Vienna Convention on Diplomatic Relations or the Vienna Convention on Consular Relations means any property the attachment in aid of execution or execution of which would result in a violation of an obligation of the United States under the Vienna Convention on Diplomatic Relations, done at Vienna April 18, 1961, or the Convention on Consular Relations, done at Vienna April 24, 1963.

(6)

Securities intermediary

The term securities intermediary means—

(A)

a clearing corporation; or

(B)

a person, including a bank or broker, that in the ordinary course of its business maintains securities accounts for others and is acting in that capacity.

(7)

United States

The terms United States includes all territory and waters, continental or insular, subject to the jurisdiction of the United States.

504.

Report on membership of Iran in international organizations

Not later than 180 days after the date of the enactment of this Act, and annually thereafter not later than September 1, the Secretary of State shall submit to Congress a report listing the international organizations of which Iran is a member and detailing the amount that the United States contributes to each such organization on an annual basis.

VI

General provisions

601.

Technical implementation; penalties

(a)

Implementation

The President may exercise all authorities provided under sections 203 and 205 of the International Emergency Economic Powers Act (50 U.S.C. 1702 and 1704) to carry out—

(1)

sections 211, 213, and 216, subtitle A of title III, and title VII of this Act; and

(2)

sections 105A and 105B of the Comprehensive Iran Sanctions, Accountability, and Divestment Act of 2010, as added by subtitle A of title IV of this Act.

(b)

Penalties

(1)

In general

The penalties provided for in subsections (b) and (c) of section 206 of the International Emergency Economic Powers Act (50 U.S.C. 1705) shall apply to a person that violates, attempts to violate, conspires to violate, or causes a violation of a provision specified in paragraph (2) of this subsection, or an order or regulation prescribed under such a provision, to the same extent that such penalties apply to a person that commits an unlawful act described in section 206(a) of that Act.

(2)

Provisions specified

The provisions specified in this paragraph are the following:

(A)

Sections 211 and 216, subtitle A of title III, and title VII of this Act.

(B)

Sections 105A and 105B of the Comprehensive Iran Sanctions, Accountability, and Divestment Act of 2010, as added by subtitle A of title IV of this Act.

602.

Applicability to certain intelligence activities

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

603.

Termination

The provisions of sections 211, 213, 215, 216, 217, and 501, title I, and subtitle A of title III shall terminate on the date that is 30 days after the date on which the President makes the certification described in section 401(a) of the Comprehensive Iran Sanctions, Accountability, and Divestment Act of 2010 (22 U.S.C. 8551(a)).

VII

Sanctions with respect to human rights abuses in Syria

701.

Short title

This title may be cited as the Syria Human Rights Accountability Act of 2012.

702.

Imposition of sanctions with respect to certain persons who are 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)

In general

Not later than 90 days after the date of the enactment of this Act, the President shall submit to the appropriate congressional committees a list of persons who are officials of the Government of Syria or persons acting on behalf of that Government that the President determines, based on credible evidence, are responsible for or complicit in, or responsible for ordering, controlling, or otherwise directing, the commission of serious human rights abuses against citizens of Syria or their family members, regardless of whether such abuses occurred in Syria.

(2)

Updates of list

The President shall submit to the appropriate congressional committees an updated list under paragraph (1)—

(A)

not later than 270 days after the date of the enactment of this Act and every 180 days thereafter; and

(B)

as new information becomes available.

(3)

Form of report; 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 websites of the Department of the Treasury and the Department of State.

(4)

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 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.

703.

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

(a)

In general

The President shall impose sanctions described in section 702(c) with respect to—

(1)

each person on the list required by subsection (b); and

(2)

any person that—

(A)

is a successor entity to a person on the list;

(B)

owns or controls a person on the list, if the person that owns or controls the person on the list had actual knowledge or should have known that the person on the list engaged in the activity described in subsection (b)(2) for which the person was included in the list; or

(C)

is owned or controlled by, or under common ownership or control with, the person on the list, if the person owned or controlled by, or under common ownership or control with (as the case may be), the person on the list knowingly engaged in the activity described in subsection (b)(2) for which the person was included in the list.

(b)

List

(1)

In general

Not later than 90 days after the date of the enactment of this Act, the President shall submit to the appropriate congressional committees a list of persons that the President determines have knowingly engaged in an activity described in paragraph (2) on or after such date of enactment.

(2)

Activity described

(A)

In general

A person engages in an activity described in this paragraph if the person—

(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 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 goods or technologies that the President determines are likely to be used by the Government of Syria or any of its agencies or instrumentalities to commit human rights abuses against the people of Syria, including—

(i)

firearms or ammunition (as those terms are defined in section 921 of title 18, United States Code), rubber bullets, police batons, pepper or chemical sprays, stun grenades, electroshock weapons, tear gas, water cannons, or surveillance technology; or

(ii)

sensitive technology.

(D)

Sensitive technology defined

(i)

In general

For purposes of subparagraph (C), the term sensitive technology means hardware, software, telecommunications equipment, or any other technology, that the President determines is to be used specifically—

(I)

to restrict the free flow of unbiased information in Syria; or

(II)

to disrupt, monitor, or otherwise restrict speech of the people of Syria.

(ii)

Exception

The term sensitive technology does not include information or informational materials the exportation of which the President does not have the authority to regulate or prohibit pursuant to section 203(b)(3) of the International Emergency Economic Powers Act (50 U.S.C. 1702(b)(3)).

(3)

Special rule to allow for termination of sanctionable activity

The President shall not be required to include a person on the list required by paragraph (1) if the President certifies in writing to the appropriate congressional committees that—

(A)

the person is no longer engaging in, or has taken significant verifiable steps toward stopping, the activity described in paragraph (2) for which the President would otherwise have included the person on the list; and

(B)

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

(4)

Updates of list

The President shall submit to the appropriate congressional committees an updated list under paragraph (1)—

(A)

not later than 270 days after the date of the enactment of this Act and every 180 days thereafter; and

(B)

as new information becomes available.

(5)

Form of report; 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 websites of the Department of the Treasury and the Department of State.

704.

Imposition of sanctions with respect to persons who engage in censorship or other forms of repression in Syria

(a)

In general

The President shall impose sanctions described in section 702(c) with respect to each person on the list required by subsection (b).

(b)

List of persons who engage in censorship

(1)

In general

Not later than 90 days after the date of the enactment of this Act, the President shall submit to the appropriate congressional committees a list of persons that the President determines have engaged in censorship, or activities relating to censorship, in a manner that prohibits, limits, or penalizes the legitimate exercise of freedom of expression by citizens of Syria.

(2)

Updates of list

The President shall submit to the appropriate congressional committees an updated list under paragraph (1)—

(A)

not later than 270 days after the date of the enactment of this Act and every 180 days thereafter; and

(B)

as new information becomes available.

(3)

Form of report; 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 websites of the Department of the Treasury and the Department of State.

705.

Waiver

The President may waive the requirement to include a person on a list required by section 702, 703, or 704 or to impose sanctions pursuant to any such section if the President—

(1)

determines that such a waiver is in the national security interests of the United States; and

(2)

submits to the appropriate congressional committees a report on the reasons for that determination.

706.

Termination

(a)

In general

The provisions of this title and any sanctions imposed pursuant to this title shall terminate on the date on which the President submits to the appropriate congressional committees—

(1)

the certification described in subsection (b); and

(2)

a certification that—

(A)

the Government of Syria is democratically elected and representative of the people of Syria; or

(B)

a legitimate transitional government of Syria is in place.

(b)

Certification described

A certification described in this subsection is a certification by the President that the Government of Syria—

(1)

has unconditionally released all political prisoners;

(2)

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

(3)

has ceased its practice of procuring sensitive technology designed to restrict the free flow of unbiased information in Syria, or to disrupt, monitor, or otherwise restrict the right of citizens of Syria to freedom of expression;

(4)

has ceased providing support for foreign terrorist organizations and no longer allows such organizations, including Hamas, Hezbollah, and Palestinian Islamic Jihad, to maintain facilities in territory under the control of the Government of Syria; and

(5)

has ceased the development and deployment of medium- and long-range surface-to-surface ballistic missiles;

(6)

is not pursuing or engaged in the research, development, acquisition, production, transfer, or deployment of biological, chemical, or nuclear weapons, and has provided credible assurances that it will not engage in such activities in the future; and

(7)

has agreed to allow the United Nations and other international observers to verify that the Government of Syria is not engaging in such activities and to assess the credibility of the assurances provided by that Government.

(c)

Suspension of sanctions after election of democratic government

If the President submits to the appropriate congressional committees the certification described in subsection (a)(2), the President may suspend the provisions of this title and any sanctions imposed under this title for not more than one year to allow time for a certification described in subsection (b) to be submitted.

February 13, 2012

Read twice and placed on the calendar