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Title IV — Sanctions

S. 960 · 113th Congress · May 15, 2013 · Lineage

IV Sanctions

Sec. 401 Definitions

In this title:
(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.
(1)(2)
Appropriate congressional committees— The term appropriate congressional committees means—
(A)
the Committee on Foreign Relations, the Committee on Finance, and the Committee on Banking, Housing, and Urban Affairs of the Senate; and
(B)
the Committee on Foreign Affairs, the Committee on Ways and Means, and the Committee on Financial Services of the House of Representatives.
(2)(3)
Defense article; defense service— The terms defense article and defense service have the meanings given those terms in section 47 of the Arms Export Control Act (22 U.S.C. 2794).
(4)
Foreign financial institution— The term foreign financial institution has the meaning of that term as determined by the Secretary of the Treasury pursuant to section 104(i) of the Comprehensive Iran Sanctions, Accountability, and Divestment Act of 2010 (22 U.S.C. 8513(i)).
(3)(5)
Person— The term person means an individual or entity.
(4)(6)
Petroleum— The term petroleum includes crude oil and any mixture of hydrocarbons that exists in liquid phase in natural underground reservoirs and remains liquid at atmospheric pressure after passing through surface separating facilities.
(5)(7)
Petroleum products— The term petroleum products includes unfinished oils, liquefied petroleum gases, pentanes plus, aviation gasoline, motor gasoline, naptha-type jet fuel, kerosene-type jet fuel, kerosene, distillate fuel oil, residual fuel oil, petrochemical feedstocks, special naphthas, lubricants, waxes, petroleum coke, asphalt, road oil, still gas, and miscellaneous products obtained from the processing of crude oil (including lease condensate), natural gas, and other hydrocarbon compounds.
(6)(8)
United states person— The term United States person means—
(A)
a natural person who is a citizen or resident of the United States or a national of the United States (as defined in section 101(a) of the Immigration and Nationality Act (8 U.S.C. 1101(a))); and
(B)
an entity that is organized under the laws of the United States or a jurisdiction within the United States.

Sec. 402 Imposition of sanctions with respect to the sale, transfer, or transportation of defense articles, defense services, or military training to the Assad regime of Syria

(a)
In general— On or after the date that is 30 days after the date of the enactment of this Act, the President shall impose 2 or more of the sanctions described in section 404 with respect to any person (other than a foreign financial institution) that the President determines has, on or after such date of enactment, knowingly participated in or facilitated a significant transaction related to the sale, transfer, or transportation of defense articles (including surface-to-air and surface-to-surface missile systems, including any S300 system and the Yakhont system), defense services, or military training to the Assad regime of Syria or any successor regime in Syria that the President determines is not a legitimate transitional or replacement government.
(b)
Sanctions with respect to foreign financial institutions— On or after the date that is 30 days after the date of the enactment of this Act, the President may 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 the President determines has knowingly conducted, on or after such date of enactment, a significant transaction related to the sale, transfer, or transportation of defense articles (including surface-to-air and surface-to-surface missile systems, including any S300 system and the Yakhont system), defense services, or military training to—
(1)
the Assad regime of Syria or any successor regime in Syria that the President determines is not a legitimate transitional or replacement government; or
(2)
any person added after April 28, 2011, to the list of specially designated nationals and blocked persons maintained by the Office of Foreign Assets Control of the Department of the Treasury in connection with the conflict in Syria.

Sec. 403 Imposition of sanctions with respect to the provision of petroleum or petroleum products to the Assad regime of Syria

(a)
In general— On or after the date that is 30 days after the date of the enactment of this Act, the President shall impose 3 or more of the sanctions described in section 404 with respect to each person (other than a foreign financial institution) that the President determines has, on or after such date of enactment, knowingly participated in or facilitated a significant transaction related to the sale or transfer of petroleum or petroleum products to the Assad regime of Syria or any successor regime in Syria that the President determines is not a legitimate transitional or replacement government.
(b)
Sanctions with respect to foreign financial institutions— On or after the date that is 30 days after the date of the enactment of this Act, the President may 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 the President determines has knowingly conducted, on or after such date of enactment, a significant transaction related to the sale or transfer of petroleum or petroleum products to—
(1)
the Assad regime of Syria or any successor regime in Syria that the President determines is not a legitimate transitional or replacement government; or
(2)
any person added after April 28, 2011, to the list of specially designated nationals and blocked persons maintained by the Office of Foreign Assets Control of the Department of the Treasury in connection with the conflict in Syria.
(c)
Humanitarian exception— The President may not impose sanctions under this section with respect to any person for conducting or facilitating a transaction necessary to meet the humanitarian needs of the people of Syria.

Sec. 404 Sanctions described

The sanctions the President may impose with respect to a person under sections 402 and 403 are the following:
(1)
Export-Import Bank assistance— The President may direct the Export-Import Bank of the United States not to give approval to the issuance of any guarantee, insurance, extension of credit, or participation in the extension of credit in connection with the export of any goods or services to the person.
(2)
Procurement sanction— The President may prohibit the United States Government from procuring, or entering into any contract for the procurement of, any goods or services from the person.
(3)
Arms export prohibition— The President may prohibit United States Government sales to the person of any item on the United States Munitions List under section 38(a)(1) of the Arms Export Control Act (22 U.S.C. 2778(a)(1)) and require termination of sales to the person of any defense articles, defense services, or design and construction services under that Act (22 U.S.C. 2751 et seq.).
(4)
Dual-use export prohibition— The President may deny licenses and suspend existing licenses for the transfer to the person of items the export of which is controlled under the Export Administration Act of 1979 (50 U.S.C. App. 2401 et seq.) (as in effect pursuant to the International Emergency Economic Powers Act (50 U.S.C. 1701 et seq.)) or the Export Administration Regulations under subchapter C of chapter VII of title 15, Code of Federal Regulations.
(5)
Blocking of assets— The President may, pursuant to such regulations as the President may prescribe, block and prohibit all transactions in all property and interests in property of the 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.
(6)
Visa ineligibility— In the case of a person that is an alien, 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, the person, subject to 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 and other applicable international obligations.

Sec. 405 National security waiver

(a)
In general— The President may waive the application of section 402 or 403 to a person or category of persons for a period of not more than 180 days, and may renew the waiver for additional periods of not more than 180 days, if the President determines and reports to the appropriate congressional committees every 180 days that the waiver is in the vital national security interests of the United States.
(b)
Form— Each report submitted under subsection (a) shall be submitted in unclassified form but may include a classified annex.

Sec. 406 Sense of Congress on sanctions

It is the sense of Congress that the President should work closely with allies of the United States to obtain broad multilateral support for countries to impose sanctions that are equivalent to the sanctions set forth in this title under the laws of those countries.