Sanction Iran, Safeguard America Act of 2015
A BILL
To terminate the authority to waive certain provisions of law requiring the imposition of sanctions with respect to Iran, to codify certain sanctions imposed by Executive order, and for other purposes.
Sec. 2 Findings
Sec. 3 Modification and elimination of waiver authorities for certain sanctions with respect to Iran
Sec. 4 Sanctions with respect to purchase, acquisition, sale, transport, or marketing of petroleum, petroleum products, or petrochemical products from Iran
“222. Imposition of sanctions with respect to purchase, acquisition, sale, transport, or marketing of petroleum, petroleum products, and petrochemical products from Iran
“(a) Limitations on correspondent and payable-Through accounts—The President 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 the President determines has knowingly conducted or facilitated any significant financial transaction, on or after July 31, 2012—
“(1) for the purchase, acquisition, sale, transport, or marketing of petroleum or petroleum products from Iran; or
“(2) for the purchase, acquisition, sale, transport, or marketing of petrochemical products from Iran.
“(b) Application of sanctions from Iran Sanctions Act of 1996—The President shall impose on a person one or more of the sanctions described in section 6(a) of the Iran Sanctions Act of 1996 (Public Law 104–172; 50 U.S.C. 1701 note) upon determining that the person knowingly, on or after July 31, 2012, engaged in a significant transaction for the purchase, acquisition, sale, transport, or marketing of—
“(1) petroleum or petroleum products from Iran; or
“(2) petrochemical products from Iran.
“(c) Applicability—Subsections (a)(1) and (b)(1) shall apply with respect to a person only if—
“(1) the President determines under subparagraphs (B) and (C) of paragraph (4) of section 1245(d) of the National Defense Authorization Act for Fiscal Year 2012 (22 U.S.C. 8513a(d)) that there is a sufficient supply of petroleum and petroleum products from countries other than Iran to permit a significant reduction in the volume of petroleum and petroleum products purchased from Iran by or through foreign financial institutions; and
“(2) an exception under subparagraph (D) of that paragraph from the imposition of sanctions under paragraph (1) of that section does not apply with respect to the country with primary jurisdiction over the person.
“(d) 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) Financial institution—The term financial institution means a financial institution specified in subparagraph (A), (B), (C), (D), (E), (F), (G), (H), (I), (J), (M), or (Y) of section 5312(a)(2) of title 31, United States Code.
“(3) 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 of the Comprehensive Iran Sanctions, Accountability, and Divestment Act of 2010 (22 U.S.C. 8513).
“(4) Petroleum—The term petroleum means a 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) Petroleum products
“(A) In general—The term petroleum products includes unfinished oils, liquefied petroleum gases, pentanes plus, aviation gasoline, motor gasoline, naphtha-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.
“(B) Exception—The term petroleum products does not include natural gas, liquefied natural gas, biofuels, methanol, and other non-petroleum fuels.
“(6) Petrochemical products—The term petrochemical products includes any aromatic, olefin, and synthesis gas, and any of derivatives of such a gas, including ethylene, propylene, butadiene, benzene, toluene, xylene, ammonia, methanol, and urea.
“223. Imposition of sanctions with respect to support for the National Iranian Oil Company, the Naftiran Intertrade Company, or the Central Bank of Iran
“The President shall block and prohibit all transactions in property and interests in property of a person the President determines has, on or after July 31, 2012, materially assisted, sponsored, or provided financial, material, or technological support for, or goods or services in support of, the National Iranian Oil Company, the Naftiran Intertrade Company, or the Central Bank of Iran 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.
“224. Imposition of sanctions with respect to support for the purchase of United States bank notes or precious metals by the Government of Iran
“The President shall block and prohibit all transactions in property and interests in property of a person the President determines has, on or after July 31, 2012, materially assisted, sponsored, or provided financial, material, or technological support for, or goods or services in support of, the purchase or acquisition of United States bank notes or precious metals by the Government of Iran, 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.”
Sec. 5 Imposition of sanctions with respect to transactions with specially designated nationals and with respect to the automotive sector of Iran
“1247A. Imposition of sanctions with respect to certain transactions with specially designated nationals
“(a) Blocking of property—The President shall block and prohibit all transactions in property and interests in property of a person the President determines has, on or after July 1, 2013, materially assisted, sponsored, or provided financial, material, or technological support for, or goods or services in support of, any person 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—A person specified in this subsection is any person as follows:
“(1) Any Iranian person included on the list of specially designated nationals and blocked persons maintained by the Office of Foreign Assets Control of the Department of the Treasury (other than an Iranian depository institution the property and interests in property of which are blocked solely pursuant to Executive Order 13599 (78 Fed. Reg. 33951)).
“(2) Any person included on that list the property and interests in property of which are blocked pursuant to subsection (a) or Executive Order 13599 (other than an Iranian depository institution the property and interests in property of which are blocked solely pursuant to Executive Order 13599).
“1247B. Imposition of sanctions with respect to the automotive sector of Iran
“(a) In general—The President shall impose sanctions described in one or more of paragraphs (1), (2), (4), (5), (10), and (11) of section 6(a) of the Iran Sanctions Act of 1996 (Public Law 104–172; 50 U.S.C. 1701 note) with respect to a person that the President determines has, on or after July 1, 2013, knowingly engaged in a significant financial transaction for the sale, supply, or transfer to Iran of significant goods or services used in connection with the automotive sector of Iran.
“(b) Facilitation of certain transactions—The President 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 the President determines has, on or after July 1, 2013, knowingly facilitated a significant financial transaction for the sale, supply, or transfer to Iran of significant goods or services used in connection with the automotive sector of Iran.
“1247C. Certification required for government contracts with persons in automotive sector of any country
“(a) Modification of Federal Acquisition Regulation—Not later than 90 days after the date of the enactment of the Sanction Iran, Safeguard America Act of 2015, the Federal Acquisition Regulation shall be revised to require a certification from each person described in subsection (b) that is a prospective contractor that the person, and any person owned or controlled by the person—
“(1) has not, in the previous 90 days, conducted any transaction with an Iranian person or any entity owned or controlled by an Iranian person; and
“(2) does not have a business relationship with the Government of Iran.
“(b) Persons described—A person described in this subsection is a person that is part of the automotive sector of any foreign country.
“(c) Remedies
“(1) In general—If the head of an executive agency determines that a person has submitted a false certification under subsection (a) on or after the date on which the revision of the Federal Acquisition Regulation required by subsection (a) becomes effective, the head of that executive agency shall terminate a contract with that person or debar or suspend that person from eligibility for Federal contracts for a period of not less than 2 years. Any such debarment or suspension shall be subject to the procedures that apply to debarment and suspension under the Federal Acquisition Regulation under subpart 9.4 of part 9 of title 48, Code of Federal Regulations.
“(2) Inclusion on list of parties excluded from Federal procurement and nonprocurement programs—The Administrator of General Services shall include on the List of Parties Excluded from Federal Procurement and Nonprocurement Programs maintained by the Administrator under part 9 of the Federal Acquisition Regulation each person that is debarred, suspended, or proposed for debarment or suspension by the head of an executive agency on the basis of a determination of a false certification under paragraph (1).
“(d) Clarification regarding certain products—The remedies set forth in subsection (c) shall not apply with respect to the procurement of eligible products, as defined in section 308(4) of the Trade Agreements Act of 1974 (19 U.S.C. 2518(4)), of any foreign country or instrumentality designated under section 301(b) of that Act (19 U.S.C. 2511(b)).
“(e) Rule of construction—This section shall not be construed to limit the use of other remedies available to the head of an executive agency or any other official of the Federal Government on the basis of a determination of a false certification under subsection (a).
“(f) Applicability—The revisions to the Federal Acquisition Regulation required under subsection (a) shall apply with respect to contracts for which solicitations are issued on or after the date of the enactment of the Sanction Iran, Safeguard America Act of 2015.
“(g) Government Accountability Office report—Not later than 90 days after the date of the enactment of the Sanction Iran, Safeguard America Act of 2015, and every 90 days thereafter, the Comptroller General of the United States shall submit to the appropriate congressional committees a list of all persons that are part of the automotive sector of any foreign country that—
“(1) during the 90-day period preceding the submission of the report, have conducted a transaction with an Iranian person or any entity owned or controlled by an Iranian person; or
“(2) have a business relationship with the Government of Iran.
“(h) Definitions—In this section:
“(1) Executive agency—The term executive agency has the meaning given that term in section 133 of title 41, United States Code.
“(2) Federal Acquisition Regulation—The term Federal Acquisition Regulation means the regulation issued pursuant to section 1303(a)(1) of title 41, United States Code.”
“(3) Automotive sector—The term automotive sector means, with respect to a country, the following:
“(A) The manufacturing or assembling in that country of vehicles, including passenger cars, trucks, buses, minibuses, pick-up trucks, and motorcycles.
“(B) The manufacturing in that country of original equipment relating to such vehicles.
“(C) The manufacturing in that country of after-market parts relating to such vehicles.”
“(8) Iranian depository institution—The term Iranian depository institution means an entity that—
“(A) is—
“(i) organized under the laws of Iran or any jurisdiction within Iran, including a foreign branch of such an institution;
“(ii) located in Iran;
“(iii) owned or controlled by the Government of Iran; or
“(iv) owned or controlled by an entity described in clause (i), (ii), or (iii); and
“(B) is engaged primarily in the business of banking, as determined by the Secretary of the Treasury.”
Sec. 6 Expansion of sanctions with respect to foreign financial institutions that facilitate financial transactions with specially designated nationals
“(1) on or after July 1, 2013, knowingly facilitated a significant financial transaction on behalf of any Iranian person included on the list of specially designated nationals and blocked persons maintained by the Office of Foreign Assets Control of the Department of the Treasury (other than an Iranian financial institution described in subsection (b)); or
“(2) on or after July 1, 2013, knowingly facilitated a significant financial transaction on behalf of any person included on that list the property and interests in property of which are blocked pursuant to section 1247A or Executive Order 13599 (78 Fed. Reg. 33951) (other than an Iranian depository institution the property and interests in property of which are blocked solely pursuant to Executive Order 13599).”
Sec. 7 Termination of loophole allowing importation of refined petroleum products made from Iranian origin crude oil
“(C) Application to refined petroleum products made from Iranian origin crude oil—The prohibition in subparagraph (A) includes a prohibition on the importation into the United States of refined petroleum products produced using Iranian origin crude oil without regard to whether such crude oil was commingled with crude oil not of Iranian origin during the process of producing the refined petroleum products.”
“(d) Regulatory authority
“(1) In general—The President shall prescribe regulations to carry out this section.
“(2) Prohibition on regulatory exceptions—No exception to the prohibition under subsection (b)(1) may be made by regulation.”
Sec. 8 Applicability of sanctions with respect to petroleum transactions
“(3) Iranian origin—The term Iranian origin, with respect to petroleum, means extracted, produced, or refined in Iran.
“(4) Petroleum—The term petroleum includes crude oil, lease condensates, fuel oils, and other unfinished oils.”