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Title II — Additional actions in connection with the national emergency with respect to Syria

S. 138 · 115th Congress · Jan 12, 2017 · Lineage

II Additional actions in connection with the national emergency with respect to Syria

Sec. 201 Sanctions with respect to Central Bank of Syria and foreign persons that engage in certain transactions

(a)
Application of certain measures to Central Bank of Syria— The President shall apply the measures described in section 5318A(b)(5) of title 31, United States Code, to the Central Bank of Syria.
(b)
Imposition of sanctions with respect to foreign persons that engage in certain transactions—
(1)
In general— On and after the date that is 90 days after the date of the enactment of this Act, the President shall impose on a foreign person the sanctions described in subsection (c) if the foreign person has knowingly engaged in an activity described in paragraph (2).
(2)
Activities described— A foreign person engages in an activity described in this paragraph if the foreign person—
(A)
knowingly provides significant financial, material, or technological support to (including engaging in or facilitating a significant transaction or transactions with) or provides significant financial services for—
(i)
the Government of Syria (including government entities operating as a business enterprise) and the Central Bank of Syria, including Syria’s intelligence and security services or its armed forces, or any of its agents or affiliates; or
(ii)
a foreign person subject to financial sanctions pursuant to—
(I)
the International Emergency Economic Powers Act (50 U.S.C. 1701 et seq.) with respect to Syria or any other provision of law that imposes sanctions with respect to Syria; or
(II)
a resolution that is agreed to by the United Nations Security Council that imposes sanctions with respect to Syria;
(B)
knowingly—
(i)
sells or provides significant goods, services, technology, information, or support that could directly and significantly facilitate the maintenance or expansion of Syria’s domestic production of natural gas or petroleum or petroleum products of Syrian origin;
(ii)
sells or provides to Syria crude oil or condensate, refined petroleum products, liquefied natural gas, or petrochemical products that have a fair market value of $500,000 or more or that during a 12-month period have an aggregate fair market value of $2,000,000 or more;
(iii)
sells or otherwise provides civilian aircraft or spare parts, or provides significant goods, services, or technologies associated with the operation of aircraft or airlines to any foreign person operating in the areas controlled by the Government of Syria; or
(iv)
sells or otherwise provides significant goods, services, or technology to a foreign person operating in the shipping (including ports and free trade zones), transportation, or telecommunications sectors in areas controlled by the Government of Syria;
(C)
knowingly engages in money laundering to carry out an activity described in subparagraph (A) or (B);
(D)
knowingly facilitates efforts by a foreign person to carry out an activity described in subparagraph (A) or (B);
(E)
knowingly provides loans, credits (including export credits), or financing to carry out an activity described in subparagraph (A) or (B); and
(F)
is owned or controlled by a foreign person that engages in the activities described in subparagraphs (A) through (D).
(c)
Sanctions described—
(1)
In general— The sanctions to be imposed on a foreign person described in subsection (b) are the following:
(A)
Assets freeze— The President shall exercise all powers granted by the International Emergency Economic Powers Act (50 U.S.C. 1701 et seq.) (except that the requirements of section 202 of such Act (50 U.S.C. 1701) shall not apply) to the extent necessary to freeze and prohibit all transactions in all property and interests in property of the 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)
Aliens ineligible for visas, admission, or parole—
(i)
Exclusion from the United States— If the foreign person is an individual, the Secretary of State shall deny a visa to, and the Secretary of Homeland Security shall exclude from the United States, the foreign person.
(ii)
Current visas revoked—
(I)
In general— The issuing consular officer, the Secretary of State, or the Secretary of Homeland Security (or a designee of one of such Secretaries) shall revoke any visa or other entry documentation issued to the foreign person regardless of when issued.
(II)
Effect of revocation— A revocation under subclause (I) shall take effect immediately and shall automatically cancel any other valid visa or entry documentation that is in the possession of the foreign person.
(2)
Exception to comply with United Nations Headquarters Agreement— Sanctions under paragraph (1)(B) shall not apply to a foreign person if admitting the person into the United States is necessary to permit the United States to comply with the Agreement regarding the Headquarters of the United Nations, signed at Lake Success June 26, 1947, and entered into force November 21, 1947, between the United Nations and the United States, or other applicable international obligations.
(3)
Penalties— 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 knowingly violates, attempts to violate, conspires to violate, or causes a violation of any regulation, license, or order issued to carry out paragraph (1)(A) of this subsection to the same extent that such penalties apply to a person that knowingly commits an unlawful act described in section 206(a) of that Act.
(d)
Definitions— In this section:
(1)
Financial, material, or technological support— The term financial, material, or technological support has the meaning given such term in section 542.304 of title 31, Code of Federal Regulations (or any corresponding similar regulation or ruling).
(2)
Government of Syria— The term Government of Syria has the meaning given such term in section 542.305 of title 31, Code of Federal Regulations (or any corresponding similar regulation or ruling).
(3)
Knowingly— The term knowingly, with respect to conduct, a circumstance, or a result, means that a person has actual knowledge, or should have known, of the conduct, the circumstance, or the result.
(4)
Money laundering— The term money laundering means the movement of illicit cash or cash equivalent proceeds into, out of, or through a country, or into, out of, or through a financial institution.
(5)
Petroleum or petroleum products of Syrian origin— The term petroleum or petroleum products of Syrian origin has the meaning given such term in section 542.314 of title 31, Code of Federal Regulations (or any corresponding similar regulation or ruling).
(6)
Significant transaction or transactions; significant financial services— A transaction or transactions or financial services shall be determined to be significant for purposes of this section in accordance with section 566.404 of title 31, Code of Federal Regulations (or any corresponding similar regulation or ruling).
(7)
Syria— The term Syria has the meaning given such term in section 542.316 of title 31, Code of Federal Regulations (or any corresponding similar regulation or ruling).

Sec. 202 Sanctions with respect to the transfer of arms and related materials to Syria

(a)
Imposition of sanctions—
(1)
In general— The President shall impose on a foreign person the sanctions described in subsection (b) if the President determines that such foreign person has, on or after the date of the enactment of this Act, knowingly exported, transferred, or otherwise provided to Syria significant financial, material, or technological support that contributes materially to the ability of Government of Syria to—
(A)
acquire or develop chemical, biological, or nuclear weapons or related technologies;
(B)
acquire or develop ballistic or cruise missile capabilities;
(C)
acquire or develop destabilizing numbers and types of advanced conventional weapons;
(D)
acquire defense articles, defense services, or defense information (as such terms are defined under the Arms Export Control Act (22 U.S.C. 2751 et seq.)); or
(E)
acquire items designated by the President for purposes of the United States Munitions List under section 38(a)(1) of the Arms Export Control Act (22 U.S.C. 2778(a)(1)).
(2)
Applicability to other foreign persons— The sanctions described in subsection (b) shall also be imposed on any foreign person that—
(A)
is a successor entity to a foreign person described in paragraph (1); or
(B)
is owned or controlled by, or has acted or purported to act for or on behalf of, directly or indirectly, a foreign person described in paragraph (1).
(b)
Sanctions described—
(1)
In general— The sanctions to be imposed on a foreign person described in subsection (a) are the following:
(A)
Asset freeze— The President shall exercise all powers granted by the International Emergency Economic Powers Act (50 U.S.C. 1701 et seq.) (except that the requirements of section 202 of such Act (50 U.S.C. 1701) shall not apply) to the extent necessary to freeze and prohibit all transactions in all property and interests in property of the 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)
Aliens ineligible for visas, admission, or parole—
(i)
Exclusion from the United States— If the foreign person is an individual, the Secretary of State shall deny a visa to, and the Secretary of Homeland Security shall exclude from the United States, the foreign person.
(ii)
Current visas revoked—
(I)
In general— The issuing consular officer, the Secretary of State, or the Secretary of Homeland Security (or a designee of one of such Secretaries) shall revoke any visa or other entry documentation issued to the foreign person regardless of when issued.
(II)
Effect of revocation— A revocation under subclause (I) shall take effect immediately and shall automatically cancel any other valid visa or entry documentation that is in the possession of the foreign person.
(2)
Exception to comply with United Nations Headquarters Agreement— Sanctions under paragraph (1)(B) shall not apply to a foreign person if admitting the person into the United States is necessary to permit the United States to comply with the Agreement regarding the Headquarters of the United Nations, signed at Lake Success June 26, 1947, and entered into force November 21, 1947, between the United Nations and the United States, or other applicable international obligations.
(3)
Penalties— A person that violates, attempts to violate, conspires to violate, or causes a violation of any regulation, license, or order issued to carry out paragraph (1)(A) shall be subject to the penalties set forth in subsections (b) and (c) of section 206 of the International Emergency Economic Powers Act (50 U.S.C. 1705) to the same extent as a person that commits an unlawful act described in subsection (a) of that section.
(c)
Definitions— In this section:
(1)
Financial, material, or technological support— The term financial, material, or technological support has the meaning given such term in section 542.304 of title 31, Code of Federal Regulations (or any corresponding similar regulation or ruling).
(2)
Foreign person— The term foreign person has the meaning given such term in section 594.304 of title 31, Code of Federal Regulations (or any corresponding similar regulation or ruling).
(3)
Knowingly— The term knowingly has the meaning given such term in section 566.312 of title 31, Code of Federal Regulations (or any corresponding similar regulation or ruling).
(4)
Syria— The term Syria has the meaning given such term in section 542.316 of title 31, Code of Federal Regulations (or any corresponding similar regulation or ruling).
(5)
United states person— The term United States person has the meaning given such term in section 542.319 of title 31, Code of Federal Regulations (or any corresponding similar regulation or ruling).

Sec. 203 Imposition, and conditional termination, of sanctions relating to significant arms sales to Syria

(a)
Imposition of sanctions with respect to the central bank of syria and other syrian financial institutions—
(1)
In general— 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 any significant arms sale to—
(A)
the regime of Bashar al-Assad through the Central Bank of Syria or another Syrian 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)
any Syrian person added after April 28, 2011, and before the date of the enactment of this Act, to the list of specially designated nationals and blocked persons maintained by the Office of Foreign Assets Control of the Department of the Treasury.
(2)
Exception for humanitarian transactions— The President may not impose sanctions under paragraph (1) on a foreign financial institution for engaging in a transaction with the Central Bank of Syria for the sale of food, medicine, medical devices, donations intended to relieve human suffering, or non-lethal aid to the people of Syria.
(3)
Applicability— Paragraph (1) applies with respect to financial transactions commenced on or after the date of the enactment of this Act.
(4)
Waiver—
(A)
In general— The President may waive the application of paragraph (1) with respect to a foreign financial institution 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 determines and reports to the appropriate congressional committees that the waiver is necessary to the national security interest of the United States.
(B)
Form— A report submitted pursuant to subparagraph (A) shall be submitted in unclassified form, but may contain a classified annex.
(b)
Termination of sanctions—
(1)
In general— The requirements under subsection (a) to impose sanctions shall no longer have force or effect with respect to Syria if the President determines and certifies to the appropriate congressional committees that the termination of such sanctions is in the national security interest of the United States.
(2)
Notification requirement— Upon making the certification described in paragraph (1), the President shall submit to the appropriate congressional committees a report assessing—
(A)
the extent to which Bashar al-Assad or members of his regime control Syrian territory;
(B)
the existence and capability of a democratic transitional government to control Syrian territory and provide basic services to the Syrian people;
(C)
whether the transitional government supports acts of terrorism or has committed human rights violations; and
(D)
whether the transitional government is cooperating with the United States Government in locating, securing, and removing conventional and unconventional weapons.
(c)
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)
Appropriate congressional committees— The term appropriate congressional committees means—
(A)
the Committee on Finance, the Committee on Banking, Housing, and Urban Affairs, and the Committee on Foreign Relations of the Senate; and
(B)
the Committee on Ways and Means, the Committee on Financial Services, and the Committee on Foreign Affairs of the House of Representatives.
(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(i) of the Comprehensive Iran Sanctions, Accountability, and Divestment Act of 2010 (22 U.S.C. 8513(i)).
(4)
Syrian person— The term Syrian person means—
(A)
an individual who is a citizen or national of Syria; or
(B)
an entity organized under the laws of Syria or otherwise subject to the jurisdiction of the Government of Syria.

Sec. 204 Rule of construction

The sanctions that are required to be imposed under this title are in addition to other similar or related sanctions that are required to be imposed under any other provision of law.