H.R. 850 — what changed
Nuclear Iran Prevention Act of 2013
From Reported in House to Engrossed in House. 14 sections amended, 1 added, and 1 removed between Reported in House and Engrossed in House.
102. Prevention of diversion of certain goods, services and technologies to Iran
Definitions— Section 301(1) of the Comprehensive Iran Sanctions, Accountability, and Divestment Act of 2010 (22 U.S.C. 8541(1)) is amended by striking “knows or has reason to know” and inserting “knows, has reason to know, or should have known”.
Identification of countries of concern with respect to the diversion of certain goods, services, and technologies to or through Iran— Section 302(b) of the Comprehensive Iran Sanctions, Accountability, and Divestment Act of 2010 (22 U.S.C. 8542(b)) is amended—
in paragraph (1), by striking “or” at the end;
in paragraph (2), by striking the period at the end and inserting “; or”; and
by adding at the end the following new paragraph:
“(3) that are—
“(A) items described in the Nuclear Suppliers Group Guidelines for the Export of Nuclear Material, Equipment and Technology (published by the International Atomic Energy Agency as Information Circular INFCIRC/254/Rev. 3/Part 1, and subsequent revisions) and Guidelines for Transfers of Nuclear-Related Dual-Use Equipment, Material, and Related Technology (published by the International Atomic Energy Agency as Information Circular INFCIRC/254/Rev. 3/Part 2, and subsequent revisions);
“(B) items on the Missile Technology Control Regime Equipment and Technology Annex of June 11, 1996, and subsequent revisions;
“(C) items and substances relating to biological and chemical weapons the export of which is controlled by the Australia Group;
“(D) items on the Schedule One or Schedule Two list of toxic chemicals and precursors the export of which is controlled pursuant to the Convention on the Prohibition of the Development, Production, Stockpiling and Use of Chemical Weapons and on Their Destruction; or
“(E) items on the Wassenaar Arrangement list of Dual Use Goods and Technologies and Munitions list of July 12, 1996, and subsequent revisions.”
Destinations of diversion concern— Section 303(c) of the Comprehensive Iran Sanctions, Accountability, and Divestment Act of 2010 (22 U.S.C. 8543(c)) is amended—
by striking “Not later than” and inserting the following:
“(1) In general—Not later than”
by adding at the end the following new paragraph:
changed
“(2) Additional measures—The President may impose restrictions on United States foreign assistance or measures authorized under the International Emergency Economic Powers Act with respect to a country designated as a country of diversion concern if the President determines such restrictions or measures would prevent the transfer of United States-origin goods, services, and technology to Iran.”measures
added “(A) In general—Except as provided in this section, the President may impose restrictions on United States foreign assistance or measures authorized under the International Emergency Economic Powers Act with respect to a country designated as a country of diversion concern if the President determines such restrictions or measures would prevent the transfer of United States-origin goods, services, and technology to Iran.
added “(B) Exception—The authority to impose sanctions under subparagraph (A) shall not include the authority to impose sanctions relating to the importation of goods.
added “(C) Good defined—In this paragraph, the term “good” has the meaning given that term in section 16 of the Export Administration Act of 1979 (50 U.S.C. App. 2415) (as continued in effect pursuant to the International Emergency Economic Powers Act (50 U.S.C. 1701 et seq.)).”
Effective date— The amendments made by this section take effect on the date of the enactment of this Act and apply with respect to countries identified in any update to the report that is required under section 302(c) of the Comprehensive Iran Sanctions, Accountability, and Divestment Act of 2010 and submitted to Congress on or after such date of enactment.
104. Imposition of sanctions on certain persons responsible for or complicit in human rights abuses, engaging in censorship, or engaging in the diversion of goods intended for the people of Iran
Finding and sense of Congress— Section 401(a) of the Iran Threat Reduction and Syria Human Rights Act of 2012 (Public Law 112–158; 126 Stat. 1251) is amended to read as follows:
“(a) Finding and sense of Congress
“(1) Finding—Congress finds that Iranian persons holding the following positions in the Government of Iran are ultimately responsible for and have and continue to knowingly order, control, direct and implement gross violations of the human rights of the Iranian people, the human rights of persons in other countries, censorship, and the diversion of food, medicine, medical devices, agricultural commodities and other goods intended for the Iranian people:
“(A) The Supreme Leader of Iran.
“(B) The President of Iran.
“(C) Members of the Council of Guardians.
“(D) Members of the Expediency Council.
“(E) The Minister of Intelligence and Security.
“(F) The Commander of the Iran’s Revolutionary Guard Corps.
“(G) The Commander of the Basij-e-Mostaz’afin.
“(H) The Commander of Ansar-e-Hezbollah.
“(I) The Commander of the Quds Force.
“(J) The Commander in Chief of the Police Force.
“(K) Senior officials or key employees of an organization described in any of subparagraphs (C) through (J) or in the Atomic Energy Organization of Iran, the Islamic Consultative Assembly of Iran, the Council of Ministers of Iran, the Assembly of Experts of Iran, the Ministry of Defense and Armed Forces Logistics of Iran, the Ministry of Justice of Iran, the Ministry of Interior of Iran, the prison system of Iran, or the judicial system of Iran.
“(2) Sense of Congress—It is the sense of Congress that—
“(A) the President should include any Iranian person holding a position in the Government of Iran described in paragraph (1) on one or more of the lists of persons subject to sanctions pursuant to section 105(b), 105A(b), 105B(b), or 105C(b) of the Comprehensive Iran Sanctions, Accountability, and Divestment Act of 2010 (22 U.S.C. 8514(b), 8514a(b), 8514b(b), or 8514c(b)); and
“(B) the President should impose sanctions on such Iranian person pursuant to section 105, 105A, 105B, or 105C of such Act (as the case may be).”
Additional finding and sense of Congress— Section 401 of the Iran Threat Reduction and Syria Human Rights Act of 2012 (Public Law 112–158; 126 Stat. 1251) is amended—
by redesignating subsection (b) as subsection (c); and
by inserting after subsection (a) the following:
“(b) Additional finding and sense of Congress
“(1) Finding—Congress finds that other senior officials of the Government of Iran, its agencies and instrumentalities, also have and continue to knowingly order, control, direct, and implement gross violations of the human rights of the Iranian people and the human rights of persons in other countries.
“(2) Sense of Congress—It is the sense of Congress that—
“(A) the President should investigate violations of human rights described in paragraph (1) to identify other senior officials of the Government of Iran that also have or continue to knowingly order, control, direct, and implement gross violations of human rights of the Iranian people and the human rights of persons in other countries;
“(B) the President should include any such official on one or more of the lists of persons subject to sanctions pursuant to section 105(b), 105A(b), 105B(b), or 105C(b) of the Comprehensive Iran Sanctions, Accountability, and Divestment Act of 2010 (22 U.S.C. 8514(b), 8514a(b), 8514b(b), or 8514c(b)); and
“(C) the President should impose sanctions on any such official pursuant to section 105, 105A, 105B, or 105C of such Act (as the case may be).”
changed
Report— Section 401(c)(1) of the Iran Threat Reduction and Syria Human Rights Act of 2012 (Public Law 112–158; 126 Stat. 1251), as 1251) (as redesignated by subsection (b) of this section, section) is amended—
by striking “Not later than” and inserting the following:
“(A) In general—Not later than”
by striking “this Act” and inserting “the Nuclear Iran Prevention Act of 2013, and annually thereafter for 3 years”;
by striking “otherwise directing the commission of” and inserting
“(i) the commission of”
by striking “Iran.” and inserting
“(ii) censorship or related activities with respect to Iran; or
“(iii) the diversion of goods, food, medicine, medical devices, and agricultural commodities, intended for the people of Iran.”
by striking “For any such person” and inserting the following:
“(B) Requirement relating to persons not included—For any such person”
by adding at the end the following new subparagraph:
“(C) Requirement relating to financial net worth—For each such person described in subparagraph (A) and each such person described in subparagraph (B), the Secretary of State shall include in the report a description of the estimated net worth of the person.”
added
Additional report— Section 401 of the Iran Threat Reduction and Syria Human Rights Act of 2012 (Public Law 112–158; 126 Stat. 1251), as amended by this section, is further amended by adding at the end the following new subsection:
added “(d) Additional report
added “(1) In general—Not later than 180 days after the date of the enactment of the Nuclear Iran Prevention Act of 2013, and annually thereafter for 3 years, the Secretary of State shall submit to the appropriate congressional committees a detailed report with respect to whether each person described in subsection (a) or any family member of such person has facilitated deceptive transactions for or on behalf of any person subject to United States sanctions concerning Iran in violation of Executive Order 13608 of May 1, 2012 (77 Fed. Reg. 26409; 50 U.S.C. 1701 note) or any other provision of law.
added “(2) Family member defined—In this subsection, the term “family member” includes, with respect to a person, any relative of such person to the third degree of consanguinity.”
renumbered
was (5)
Conforming amendment— The heading for section 401 of the Iran Threat Reduction and Syria Human Rights Act of 2012 (Public Law 112–158; 126 Stat. 1251) is amended by striking “committed against” and all that follows and inserting “, engaging in censorship, or engaging in the diversion of goods intended for the people of Iran.”.
renumbered
was (6)
Clerical amendment— The table of contents for the Iran Threat Reduction and Syria Human Rights Act of 2012 is amended by striking the item relating to section 401 and inserting the following:
201. Transfer to Iran of goods, services, or technology that would materially contribute to Iran’s ability to mine or mill uranium
changed
In general— Section 5(a)(7)(A) 5(b) of the Iran Sanctions Act of 1996 (Public Law 104–172; 50 U.S.C. 1701 note) is amended—amended by adding at the end the following new paragraph:
added “(3) Transfer to Iran of goods, services, or technology that can be used for mining or milling of uranium—Except as provided in subsection (f), the President shall impose 5 or more of the sanctions described in section 6(a) with respect to a person if the President determines that the person knowingly transferred, on or after the date of the enactment of the Nuclear Iran Prevention Act of 2013, to Iran goods, services, or technology that would materially contribute to Iran’s ability to mine or mill uranium.”
removed
in clause (i)—
removed
by striking “a vessel that, on or after” and inserting the following:
removed
“(I) on or after”
removed
by striking “and” at the end and inserting “or”; and
removed
by adding at the end the following:
removed
“(II)
removed
“(aa) knowingly transports to or from Iran any good if the importation to Iran or exportation from Iran, as the case may be, of that good is subject to sanctions under this Act; or
removed
“(bb) knowingly engages in a vessel-to-vessel transfer of crude oil transported from Iran;”
removed
in clause (ii), by striking the period at the end and inserting “; or”; and
removed
by adding at the end the following new clause:
removed
“(iii) the person is a person who knowingly sells, leases, or otherwise facilitates the transfer of ownership of a vessel to the Government of Iran, or any agencies or affiliates thereof, for the purpose of transportation of crude oil from Iran to another country.”
changed
Conforming amendment—amendments— Section 5(a)(7) 5 of the Iran Sanctions such Act of 1996 (Public Law 104–172; 50 U.S.C. 1701 note) is amended in the paragraph heading subsection (b)(3), (c), and (f) by striking “from iran” “paragraph (1) or (2)” each place it appears and inserting “from iran and certain imports and exports to and from iran”.“paragraph (1), (2), or (3)”.
removed
Effective date— The amendments made by subsection (a) apply with respect to actions described in subclause (II) of section 5(a)(7)(A)(i) of the Iran Sanctions Act of 1996 (as added by such subsection) and actions described in clause (iii) of section 5(a)(7)(A) of the Iran Sanctions Act of 1996 (as added by such subsection), as the case may be, that occur on or after the date that is 90 days after the date of the enactment of this Act.
202. Repeal of waiver of sanctions relating to development of weapons of mass destruction or other military capabilities
added Section 9(c)(1) of the Iran Sanctions Act of 1996 (Public Law 104–172; 50 U.S.C. 1701 note) is amended—
removed
In general— Section 5(b)(2) 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 new subparagraph:
removed
“(C) Transfer to Iran of goods, services, or technology that can be used for mining or milling of uranium—Except as provided in subsection (f), the President shall impose 5 or more of the sanctions described in section 6(a) with respect to a person if the President determines that the person knowingly transferred, on or after the date of the enactment of the Nuclear Iran Prevention Act of 2013, to Iran goods, services, or technology that would materially contribute to Iran’s ability to mine or mill uranium.”
changed
Conforming amendment— Section 5(b) of such Act is amended in the heading for paragraph (2) by adding at the end before the period the following: “and other related activities”.striking subparagraph (B);
added
by redesignating subparagraph (C) as subparagraph (B); and
added
in subparagraph (B) (as redesignated by paragraph (2) of this section)—
added
by striking “or (B)” each place it appears; and
added
by striking “, as applicable”.
203. Repeal of waiver of sanctions relating to development of weapons of mass destruction or other military capabilities
removed
removed
Section 9(c)(1) of the Iran Sanctions Act of 1996 (Public Law 104–172; 50 U.S.C. 1701 note) is amended—
removed
by striking subparagraph (B);
removed
by redesignating subparagraph (C) as subparagraph (B); and
removed
in subparagraph (B) (as redesignated by paragraph (2) of this section)—
removed
by striking “or (B)” each place it appears; and
removed
by striking “, as applicable”.
212. Authority of State and local governments to avoid exposure to sanctioned persons and sectors
In general— Section 202 of the Comprehensive Iran Sanctions, Accountability, and Divestment Act of 2010 (22 U.S.C. 8532) is amended by striking subsections (a), (b), and (c) and inserting the following:
changed
“(a) Sense of congress—It is the sense of Congress that the United States should support respect the decision of any State or local government to divest from or prohibit the investment of assets of the State or local government, to prohibit the issuance of licenses to conduct business government in the State a person described in subsection (c) or locality to, and to impose disclosure and transparency requirements on, a person that invests in or conducts transactions for or with a on any person or sector subject to sanctions the jurisdiction of such government, except with respect to Iran.an activity that is exempt, licensed, or otherwise authorized by a Federal department or agency.
“(b) Authority—Notwithstanding any other provision of law, a State or local government may adopt and enforce measures that meet the requirements of subsection (d)—
“(1) to divest the assets of the State or local government from a person described in subsection (c);
changed
“(2) to prohibit investment of the assets of the State or local government in any such person;person; or
changed
“(3) to prohibit impose disclosure and transparency requirements on any person subject to the issuance jurisdiction of licenses such government, except with respect to conduct business in the State an activity that is exempt, licensed, or locality to any such person; orotherwise authorized by a Federal department or agency.
changed
“(4) “(c) Persons described—A person described in this subsection is a person with respect to impose disclosure which sanctions have been, and transparency requirements on any such person.continue to be, imposed pursuant to—
changed
“(c) Persons described—A person described in this subsection is a person that invests in or engages in any transaction with or for any person engaged in any activity for which sanctions may be imposed under any provision “(1) section 104(c) of Federal law imposing sanctions with respect to Iran.”this Act;
added “(2) section 5 of the Iran Sanctions Act of 1996 (50 U.S.C. 1701 note);
added “(3) section 1245(d) of the National Defense Authorization Act for Fiscal Year 2012 (22 U.S.C. 8513a(d)); or
added “(4) sections 1244, 1245, 1246 or 1247 of the National Defense Authorization Act for Fiscal Year 2013 (22 U.S.C. 8803, 8804, 8805, or 8806).”
Conforming amendments— Section 202 of the Comprehensive Iran Sanctions, Accountability, and Divestment Act of 2010 (22 U.S.C. 8532) is amended—
in subsection (d)(4), by striking “engages in investment activities in Iran described in subsection (c)” and inserting “is a person described in subsection (c)”;
in subsection (f), by striking “or (i)” and inserting “or (g)”;
changed
by striking subsections (g) and subsection (h) and by redesignating subsections (i) and (j) as subsections (g) (h) and (h), (i), respectively; and
changed
in paragraph (1) of subsection (g), as (i) (as redesignated by paragraph (3), (3) of this subsection), by striking “(determined without regard to subsection (c))”.
Effective date— The amendments made by this section apply to measures adopted by State and local governments on or after the date of the enactment of this Act.
214. Imposition of sanctions with respect to certain transactions in foreign currencies
Imposition of sanctions— Subtitle B of title II of the Iran Threat Reduction and Syria Human Rights Act of 2012 (22 U.S.C. 8721 et seq.) is amended by inserting after section 220 the following:
“220A. Imposition of sanctions with respect to certain transactions in foreign currencies
changed
“(a) In general—The general—Except as provided in this section, the President—
changed
“(1) shall prohibit the opening, and prohibit or impose strict conditions on the maintaining, in the United States of a correspondent account or a payable-through account by a foreign financial institution that is a person described in subsection (b); (c); and
changed
“(2) may impose sanctions pursuant to the International Emergency Economic Powers Act (50 U.S.C. 1701 et seq.) with respect to any other person described in subsection (b).(c).
changed
“(b) Person described—A person described in this Exception—The authority to impose sanctions under subsection is a person (a)(2) shall not include the President determines has—authority to impose sanctions relating to the importation of goods.
added “(c) Person described—A person described in this subsection is a person the President determines has—
“(1) knowingly conducted or facilitated a significant transaction involving the currency of a country other than the country in which the person is operating at the time of the transaction with, for, or on behalf of—
“(A) the Central Bank of Iran or another Iranian financial institution designated by the Secretary of the Treasury for the imposition of sanctions pursuant to the International Emergency Economic Powers Act (50 U.S.C. 1701 et seq.); or
“(B) a person described in section 1244(c)(2) of the Iran Freedom and Counter-Proliferation Act (22 U.S.C. 8803(c)(2)) (other than a person described in subparagraph (C)(iii) of that section); or
“(2) knowingly conducted or facilitated a significant transaction by another person involving the currency of a country other than the country in which that other person is operating at the time of the transaction, with, for, or on behalf of a person described in subparagraph (A) or (B) of paragraph (1).
added “(d) Waiver
removed
“(c) Waiver
“(1) In general—The President may waive the application of subsection (a) with respect to a person for a period of not more than 180 days, and may renew that waiver for additional periods of not more than 180 days, if the President—
“(A) determines that the waiver is vital to the national security of the United States; and
“(B) not less than 7 days before the waiver or the renewal of the waiver, as the case may be, takes effect, submits a report to the appropriate congressional committees on the waiver and the reason for the waiver.
“(2) Form of report—Each report submitted under paragraph (1)(B) shall be submitted in unclassified form but may include a classified annex.
removed
“(d) Rule of construction—Nothing in this section shall be construed to prohibit any person from, or authorize or require the imposition of sanctions with respect to any person for, conducting or facilitating any transaction in the currency of the country in which the person is operating at the time of the transaction for the sale of agricultural commodities, food, medicine, or medical devices.
changed
“(e) Definitions—In Rule of construction—Nothing in this section:section shall be construed to prohibit any person from, or authorize or require the imposition of sanctions with respect to any person for, conducting or facilitating any transaction in the currency of the country in which the person is operating at the time of the transaction for the sale of agricultural commodities, food, medicine, or medical devices.
added “(f) Definitions—In this section:
“(1) Account; correspondent account; payable-through account—The terms account, correspondent account, and payable-through account have the meanings given those terms in section 5318A of title 31, United States Code.
“(2) Agricultural commodity—The term agricultural commodity has the meaning given that term in section 102 of the Agricultural Trade Act of 1978 (7 U.S.C. 5602).
“(3) Foreign financial institution—The term foreign financial institution has the meaning given that term in section 561.308 of title 31, Code of Federal Regulations (or any corresponding similar regulation or ruling).
removed
“(4) Iranian financial institution—The term Iranian financial institution has the meaning given that term in section 104A(d) of the Comprehensive Iran Sanctions, Accountability, and Divestment Act of 2010 (22 U.S.C. 8513b(d)).
changed
“(5) Medical device—The “(4) Good—The term medical device “good” has the meaning given the that term device in section 201 16 of the Federal Food, Drug, and Cosmetic Export Administration Act (21 of 1979 (50 U.S.C. 321).App. 2415) (as continued in effect pursuant to the International Emergency Economic Powers Act (50 U.S.C. 1701 et seq.)).
changed
“(6) Medicine—The “(5) Iranian financial institution—The term medicine Iranian financial institution has the meaning given the that term drug in section 201 104A(d) of the Federal Food, Drug, Comprehensive Iran Sanctions, Accountability, and Cosmetic Divestment Act (21 of 2010 (22 U.S.C. 321).8513b(d)).
changed
“(7) Transaction—The “(6) Medical device—The term transaction includes a foreign exchange swap, a foreign exchange forward, and any other type medical device has the meaning given the term device in section 201 of similar currency exchange or conversion or similar derivative instrument.”the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 321).
added “(7) Medicine—The term medicine has the meaning given the term drug in section 201 of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 321).
added “(8) Transaction—The term transaction includes a foreign exchange swap, a foreign exchange forward, and any other type of similar currency exchange or conversion or similar derivative instrument.”
Conforming amendments—
Implementation— Section 601(a)(1) of the Iran Threat Reduction and Syria Human Rights Act of 2012 (22 U.S.C. 8781(a)(1)) is amended by inserting “220A,” after “220,”.
Penalties— Section 601(b)(2)(A) of such Act (22 U.S.C. 8781(b)(2)(A)) is amended by striking “and 220, ” and inserting “220, and 220A,”.
Termination— Section 605(a) of such Act (22 U.S.C. 8785(a)) is amended by inserting “220A,” after “220,”.
Clerical amendment— The table of contents for the Iran Threat Reduction and Syria Human Rights Act of 2012 is amended by inserting after the item relating to section 220 the following:
Effective date— The amendments made by this section take effect on the date of the enactment of this Act and apply with respect to transactions entered into on or after May 22, 2013.
215. Sanctions with respect to certain transactions with Iran
In general— Subtitle B of title II of the Iran Threat Reduction and Syria Human Rights Act of 2012 (22 U.S.C. 8721 et seq.) is amended by adding at the end the following new section:
“225. Sanctions with respect to certain transactions with Iran
“(a) Authorization of sanctions
changed
“(1) In general—Except as specifically provided in this section, the President may impose sanctions pursuant to the International Emergency Economic Powers Act (50 U.S.C. 1701 et seq.) on a foreign person that the President determines has, on or after the date that is 60 days after the date of the enactment of the Nuclear Iran Prevention Act of 2013, knowingly conducted or facilitated a significant financial transaction with the Central Bank of Iran or other Iranian financial institution that has been designated by the Secretary of the Treasury for the imposition of sanctions pursuant to the International Emergency Economic Powers Act, for—
“(A) the purchase of goods or services by a person in Iran or on behalf of a person in Iran; or
“(B) the purchase of goods or services from a person in Iran or on behalf of a person in Iran.
changed
“(2) Rule of construction—Nothing in this section shall be construed to affect the imposition of sanctions with respect to a financial transaction for the purchase of petroleum or petroleum products from Iran under section 1245 of the National Defense Authorization Act for Fiscal Year 2012 (Public Law 112–81; 125 Stat. 1648).Exception
added “(A) In general—The authority to impose sanctions under paragraph (1) shall not include the authority to impose sanctions relating to the importation of goods.
added “(B) Good—In this paragraph, the term “good” has the meaning given that term in section 16 of the Export Administration Act of 1979 (50 U.S.C. App. 2415) (as continued in effect pursuant to the International Emergency Economic Powers Act (50 U.S.C. 1701 et seq.)).
added “(3) Rule of construction—Nothing in this section shall be construed to affect the imposition of sanctions with respect to a financial transaction for the purchase of petroleum or petroleum products from Iran under section 1245 of the National Defense Authorization Act for Fiscal Year 2012 (Public Law 112–81; 125 Stat. 1648).
“(b) Exception for overall reductions of exports to and imports from Iran
“(1) In general—The President is authorized not to impose sanctions under subsection (a) on a foreign person if the President determines and submits to the appropriate congressional committees a report that contains a determination of the President that the country with primary jurisdiction over the foreign person has, during the time period described in paragraph (2), significantly reduced the value and volume of imports and exports of goods (other than petroleum or petroleum products) and services between such country and Iran.
“(2) Time period described—The time period referred to in paragraph (1) is the 60-day period ending on the date on which the President makes the determination under paragraph (1) as compared to the immediately preceding 60-day period.
“(c) Exception for sales of agricultural commodities, food, medicine and medical devices—The President may not impose sanctions under subsection (a) on a foreign person with respect to a transaction for the sale of agricultural commodities, food, medicine or medical devices to Iran.
“(d) Definitions—In this section:
“(1) Foreign person—The term foreign person 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) Iranian financial institution—The term Iranian financial institution has the meaning given that term in section 104A(d) of the Comprehensive Iran Sanctions, Accountability, and Divestment Act of 2010 (22 U.S.C. 8513b(d)).”
Clerical amendment— The table of contents for the Iran Threat Reduction and Syria Human Rights Act of 2012 is amended by inserting after the item relating to section 224 the following:
222. Imposition of sanctions with respect to ports, special economic zones, free economic zones, and strategic sectors of Iran
Findings— Subsection (a)(1) of section 1244 of the National Defense Authorization Act for Fiscal Year 2013 (22 U.S.C. 8803) is amended by striking “and shipbuilding” and inserting “shipbuilding, automotive, construction, engineering, or mining”.
Designation of ports, special economic zones, free economic zones, and entities in strategic sectors as entities of proliferation concern— Subsection (b) of such section is amended—
in the subsection heading, by striking “and entities in the energy, shipping, and shipbuilding sectors” and inserting “, special economic zones, free economic zones, and entities in strategic sectors”; and
by striking “and entities in the energy, shipping, and shipbuilding sectors” and inserting “, entities that operate special economic zones or free economic zones, and entities in strategic sectors (as defined in subsection (c)(4))”.
Blocking of property of ports, special economic zones, free economic zones, and entities in strategic sectors— Subsection (c) of such section is amended—
in the subsection heading, by striking “entities in energy, shipping, and shipbuilding sectors” and inserting “ports, special economic zones, free economic zones, and entities in strategic sectors”;
in paragraph (2)—
by striking “the energy, shipping, or shipbuilding sectors” each place it appears and inserting “a strategic sector (as defined in paragraph (4)(A))”; and
by inserting “, special economic zone, or free economic zone” after “port” each place it appears; and
by adding at the end the following new paragraphs:
“(4) Strategic sector defined—In this section, the term “strategic sector” means—
changed
“(A) the energy, shipping, shipbuilding, automotive, or mining sector of Iran;Iran; and
changed
“(B) the construction or engineering sector of Iran if the President determines and reports to Congress not later than 45 days after the date of the enactment of the Nuclear Iran Prevention Act of 2013 that the construction or engineering sector of Iran, as the case may be, is of strategic importance to Iran; andIran.
removed
“(C) any other sector that the President designates as of strategic importance to Iran.
“(5) Notification and report relating to strategic sectors
“(A) Notification—The President shall submit to Congress a notification of the designation of a sector as a strategic sector of Iran for purposes of paragraph (4)(C) not later than 30 days after the date on which the President makes such designation.
“(B) Report—Not later than 90 days after the date on which the President submits to Congress a notification of the designation of a sector as a strategic sector of Iran under subparagraph (A), the Comptroller General of the United States shall submit to Congress a report that contains—
“(i) a review and comment on such designation; and
“(ii) recommendations regarding the designation of additional sectors as strategic sectors of Iran for purposes of paragraph (4).”
Additional sanctions with respect to strategic sectors— Subsection (d) of such section is amended—
in the subsection heading, by striking “the energy, shipping, and shipbuilding sectors” and inserting “strategic sectors”; and
in paragraph (3), by striking “the energy, shipping, or shipbuilding sectors” and inserting “a strategic sector (as defined in subsection (c)(4)(A))”.
Exception for Afghanistan reconstruction— Subsection (f) of such section is amended—
in the matter preceding paragraph (1), by inserting “for a period of not more than 1 year, and may renew that exception for additional periods of not more than 1 year” after “economic development for Afghanistan”;
in paragraph (1)—
by striking “to the extent that” and inserting “if”;
by inserting “or the renewal of the exception, as the case may be,” after “such an exception”; and
by striking “in the national interest” and inserting “in the national security interest”; and
in paragraph (2)—
by inserting “or the renewal of the exception, as the case may be,” before “not later than 15 days”; and
by inserting at the end before the period the following: “or the renewal of the exception”.
Conforming amendment— Such section is further amended in the section heading by striking “the energy, shipping, and shipbuilding sectors” and inserting “ports, special economic zones, free economic zones, and strategic sectors”.
Effective date— The amendments made by this section—
take effect on the date that is 90 days after the date of the enactment of this Act; and
with respect to subsection (c) of section 1244 of the National Defense Authorization Act for Fiscal Year 2013, as so amended, apply with respect to all transactions in all property and interests in property of any person described in subsection (c)(2) of such section that occur on or after the date that is 180 days after such date of enactment; and
with respect to subsection (d)(1) of section 1244 of the National Defense Authorization Act for Fiscal Year 2013, apply with respect to the sale, supply, or transfer to or from Iran of goods or services described in subsection (d)(3) of such section, as so amended, that occurs on or after the date that is 180 days after such date of enactment; and
with respect to subsection (d)(2) of section 1244 of the National Defense Authorization Act for Fiscal Year 2013, apply with respect to the conduct or facilitation of a significant financial transaction for the sale, supply, or transfer to or from Iran of goods or services described in subsection (d)(3) of such section, as so amended, that occurs on or after the date that is 180 days after such date of enactment.
225. Repeal of exemptions under sanctions provisions of National Defense Authorization Act for Fiscal Year 2013
Subtitle D of title XII of the National Defense Authorization Act for Fiscal Year 2013 (22 U.S.C. 8801 et seq.) is amended—
in section 1244—
in subsection (c)(1)—
by striking “(1) Blocking of property.—” and all that follows through “On and after” and inserting “(1) Blocking of property.—On and after”; and
by striking subparagraph (B); and
in subsection (d)(1)—
by striking “(1) Sale, supply, or transfer of certain goods and services.—” and all that follows through “Except as provided” and inserting “(1) Sale, supply, or transfer of certain goods and services.—Except as provided”; and
by striking subparagraph (B);
in section 1245(a)—
by striking “(a) sale, supply, or transfer of certain materials.—” and all that follows through “The President” and inserting “(a) sale, supply, or transfer of certain materials.—The President”;
by redesignating subparagraphs (A), (B), and (C) as paragraphs (1), (2), and (3), respectively (and by redesignating all sub-units therein accordingly);
changed
in paragraph (3)(B) (as redesignated)—redesignated by subparagraph (B) of this paragraph)—
in clause (i), by striking “subclause (I) of clause (i)” and inserting “clause (i) of subparagraph (A)”;
in clause (ii), by striking “subclause (II) of that clause” and inserting “clause (ii) of that subparagraph”; and
in clause (iii), by striking “subclause (III) of that clause” and inserting “clause (iii) of that subparagraph”; and
by striking “(2) exception.—” and all that follows through “paragraph (1).”; and
in section 1246(a)—
by striking “(a) imposition of sanctions.—” and all that follows through “Except as provided” and inserting “(a) imposition of sanctions.—Except as provided”;
by redesignating subparagraphs (A), (B), and (C) as paragraphs (1), (2), and (3), respectively (and by redesignating all sub-units therein accordingly); and
by striking “(2) exception.—” and all that follows through “paragraph (1).”; and
227. Conditions for entry and operation of vessels
changed
In general— The Ports and Waterways Waters Safety Act (33 U.S.C. 1221 et seq.) is amended by adding at the end the following:
“16. Prohibition on entry and operation
changed
“(a) In general—No foreign vessel described in subsection (b) shall enter or operate in the navigable waters of the United States or transfer cargo in any port or place under the jurisdiction of the United States.Prohibition
changed
“(b) Vessels described—A “(1) In general—No foreign vessel referred to described in subsection (a) is a foreign vessel—(b) shall enter or operate in the navigable waters of the United States or transfer cargo in any port or place under the jurisdiction of the United States.
changed
“(1) for which “(2) Limitation on Application—Paragraph (1) shall not apply with respect to a Notice vessel described in subsection (b)(2) on and after any date on which the Secretary of Arrival State determines that the vessel is required to be filed under section 160 of title 33, Code of Federal Regulations, no longer registered as described in effect on the date that subsection. The Secretary of enactment State shall publish a notice of each such determination in the Nuclear Iran Prevention Act of 2013; andFederal Register.
changed
“(2) that is knowingly registered, pursuant “(b) Vessels described—A vessel referred to the Geneva Convention on the High Seas (13 U.S.T. 2312; TIAS 5200; 450 UNTS 82), by a ship registry that in subsection (a) is maintaining a registration of a foreign vessel that for which a Notice of Arrival is included required to be filed under section 160 of title 33, Code of Federal Regulations, as in effect on the list published under subsection (c).date of enactment of the Nuclear Iran Prevention Act of 2013, and that—
changed
“(c) Notification of governments—The Secretary “(1) is on a list of Transportation, vessels published in consultation with the Secretary of State, shall—Federal Register under subsection (c)(2); or
added “(2) more than 180 days after the publication of such a list, is registered, pursuant to the Geneva Convention on the High Seas (13 U.S.T. 2312; TIAS 5200; 450 UNTS 82), by a government the agents or instrumentalities of which are maintaining a registration of a vessel that is included in such list.
added “(c) Information and publication—The Secretary of Transportation, in consultation with the Secretary of State, shall—
“(1) maintain timely information on registrations of all foreign vessels over 300 gross tons that are—
“(A) owned or operated by or on behalf of—
“(i) the National Iran Tanker Company or the Islamic Republic of Iran Shipping Line; or
“(ii) any successor to an entity referred to in clause (i); or
removed
“(B) otherwise owned or operated by or on behalf of Iran;
removed
“(2) notify each government the agents or instrumentalities of which are maintaining a registration of a foreign vessel described in paragraph (1), that all vessels registered under such government’s authority are prohibited from entering or operating in the navigable waters of the United States or transferring cargo in any port or place under the jurisdiction of the United States; and
changed
“(3) publish in the Federal Register a list of vessels described in paragraph (1), including periodic updates “(B) otherwise owned or operated by or on behalf of such list.Iran; and
changed
“(d) Notification “(2) publish in the Federal Register a list of vesselsvessels described in paragraph (1), including periodic updates of such list.
changed
“(1) In general—Except as provided in paragraphs (2) and (3), upon receiving a Notice of Arrival under section 160 “(d) Notification of title 33, Code governments—The Secretary of Federal Regulations (as in effect on State shall notify each government the date of enactment agents or instrumentalities of the Nuclear Iran Prevention Act which are maintaining a registration of 2013) from a foreign vessel described in (b), that is included on the Secretary shall notify list published under subsection (c)(2), that all vessels registered under such government’s authority are subject to the master of prohibition under subsection (a) if more than 180 days after such vessel that publication the government continues to maintain a registration for a vessel may not enter or operate in the navigable waters of that is included on the United States or transfer cargo in any port or place list published under the jurisdiction of the United States.subsection (c)(2).
changed
“(2) Provisional entry—The Secretary may allow provisional entry of, or transfer “(e) Notification of cargo from, vessels—Upon receiving a foreign Notice of Arrival under section 160 of title 33, Code of Federal Regulations (as in effect on the date of enactment of the Nuclear Iran Prevention Act of 2013) from a vessel described in subsection (b) if (b), the Secretary shall notify the master of such entry vessel that the vessel may not enter or transfer is necessary for operate in the safety navigable waters of the vessel United States or persons aboard.transfer cargo in any port or place under the jurisdiction of the United States, unless—
changed
“(3) Entry for due diligence—The Secretary may allow entry of, and transfer of cargo from, a vessel described in subsection (b) if the master shows the owner and operator of the vessel exercised due diligence to avoid registration of “(1) the vessel by Secretary has made a registry that registers vessels determination described in subsection (c).(a)(2); or
changed
“(e) Right “(2) the Secretary allows provisional entry of innocent passage—This section shall not be construed as authority to restrict the right vessel, or transfer of innocent passage as recognized cargo from the vessel, under international law.subsection (f).
changed
“(f) Foreign vessel defined—In this section the term “foreign vessel” has Provisional entry or cargo transfer—Notwithstanding subsection (e), the meaning given that term Secretary may allow provisional entry of, or transfer of cargo from, a foreign vessel described in section 2101 subsection (b), if such entry or transfer is necessary for the safety of title 46, United States Code.”the vessel or persons aboard.
added “(g) Right of innocent passage—This section shall not be construed as authority to restrict the right of innocent passage as recognized under international law.
added “(h) Foreign vessel defined—In this section the term “foreign vessel” has the meaning given that term in section 110 of title 46, United States Code.”
changed
Deadline for publication— The Secretary shall publish a list under section 16(c)(3) 16(c)(2) of the Ports and Waters Waterways Safety Act, as amended by this section, by not later than 30 180 days after the date of the enactment of this Act.
added
Conforming Amendments—
added
Section 13(e) of the Ports and Waterways Safety Act (33 U.S.C. 1232(e)) is amended by striking “section 9” and inserting “sections 9 and 16”.
added
Section 4(b)(2) of the Ports and Waterways Safety Act (33 U.S.C. 1223(b)(2)) is amended by striking “section 9” and inserting “section 9 or 16”.
removed
Limitation on application of prohibition— Subsection (a) of section 16 of the Ports and Waters Safety Act, as amended by this section, shall not apply until 90 days after the date of publication of the list required by subsection (c) of such section.
304. Sense of Congress on availability of consumer communication technologies in Iran
It is the sense of Congress that—
changed
the Department of the Treasury and Department of State should encourage the free flow of information in Iran to counter the Government of Iran’s repression of its own people; and
changed
in order to facilitate the free flow of information in Iran, the Department of Treasury State should ensure that promote the availability of certain consumer communication technologies are available to Iranian civil society and the Iranian people.
405. Authority to consolidate reports required under Iran sanctions laws
changed
In general— Any or all reports required to be submitted to Congress under the provisions of law described in subsection (c) on or after the date of the enactment of this Act may, notwithstanding the that are subject to a deadline requirements for submission under such provisions consisting of law, the same unit of time may be consolidated into a single report that is submitted to Congress on an annual basis.pursuant to such deadline.
Exception— Subsection (a) shall not apply with respect to the initial report of any report described in subsection (a).
Provisions of law described— The provisions of law referred to in this section are the following:
This Act and the amendments made by this Act.
The Iran Freedom and Counter-Proliferation Act of 2012 (22 U.S.C. 8801 et seq.).
The Iran Threat Reduction and Syria Human Rights Act of 2012 (22 U.S.C. 8701 et seq.).
The Comprehensive Iran Sanctions, Accountability, and Divestment Act of 2010 (22 U.S.C. 8501 et seq.).
added
Effective date— This section takes effect on the date of the enactment of this Act and applies with respect to reports required to be submitted to Congress under the provisions of law described in subsection (c) on or after such date of enactment.
407. Rule of construction
added Nothing in this Act or any amendment made by this Act shall be construed to apply with respect to—
removed
Implementation— The President may exercise all authorities provided under sections 203 and 205 of the International Emergency Economic Powers Act (50 U.S.C. 1702 and 1704) to carry out this Act and the amendments made by this Act.
changed
Penalties— The penalties provided for any activity relating to a project described in subsections (b) and (c) subsection (a) of section 206 603 of the International Emergency Economic Powers Iran Threat Reduction and Syria Human Rights Act (50 U.S.C. 1705) shall apply to a person that violates, attempts to violate, conspires to violate, or causes a violation of this Act or any amendment made by this Act or regulations prescribed under this Act 2012 (22 U.S.C. 8783) to which the same extent that such penalties apply to a person exception under that commits an unlawful act described in section 206(a) applies at the time of the International Emergency Economic Powers Act (50 U.S.C. 1705(a)).activity; or
added
any authorized intelligence activity of the United States.
408. Implementation; penalties
changed
In general—Implementation— If any provision The President may exercise all authorities provided under sections 203 and 205 of this Act, or the application of such provision to any person or circumstance, is found International Emergency Economic Powers Act (50 U.S.C. 1702 and 1704) to be unconstitutional, the remainder of carry out this Act, or Act and the application of that provision to other persons or circumstances, shall not be affected.amendments made by this Act.
changed
Effective date under section 214—Penalties— If subsection (d) of section 214 is found to be unconstitutional The penalties provided for in accordance with subsection (a), the amendments made by such subsections (b) and (c) of section 214 take effect on the date 206 of the enactment of this International Emergency Economic Powers Act and (50 U.S.C. 1705) shall apply with respect to transactions entered into on a person that violates, attempts to violate, conspires to violate, or after causes a violation of this Act or any amendment made by this Act or regulations prescribed under this Act to the same extent that such date penalties apply to a person that commits an unlawful act described in section 206(a) of enactment.the International Emergency Economic Powers Act (50 U.S.C. 1705(a)).
409. Severability
added
added
In general— If any provision of this Act, or the application of such provision to any person or circumstance, is found to be unconstitutional, the remainder of this Act, or the application of that provision to other persons or circumstances, shall not be affected.
added
Effective date under section 214— If subsection (d) of section 214 is found to be unconstitutional in accordance with subsection (a), the amendments made by such section 214 take effect on the date of the enactment of this Act and apply with respect to transactions entered into on or after such date of enactment.