US Codex
Pub. L.
Notes

Title I — Prevention of Access by Hizballah to International Financial and Other Institutions

115th Congress · Approved Oct 25, 2018 · 132 Stat. 4144 · Lineage

TITLE I Prevention of Access by Hizballah to International Financial and Other Institutions

SEC. 101. Mandatory Sanctions with Respect to Fundraising and Recruitment Activities for Hizballah.

(a)
In General.— Section 101 of the Hizballah International Financing Prevention Act of 2015 (Public Law 114–102; 50 U.S.C. 1701 note) is amended to read as follows:

“SEC. 101. MANDATORY SANCTIONS WITH RESPECT TO FUNDRAISING AND RECRUITMENT ACTIVITIES FOR HIZBALLAH.

“(a) In General.—The President shall, on or after the date of the enactment of the Hizballah International Financing Prevention Amendments Act of 2018, impose the sanctions described in subsection (b) with respect to any foreign person that the President determines knowingly provides significant financial, material, or technological support for or to—

“(1) Bayt al-Mal, Jihad al-Bina, the Islamic Resistance Support Association, the Foreign Relations Department of Hizballah, the External Security Organization of Hizballah, or any successor or affiliate thereof as designated by the President;

“(2) al-Manar TV, al Nour Radio, or the Lebanese Media Group, or any successor or affiliate thereof as designated by the President;

“(3) a foreign person determined by the President to be engaged in fundraising or recruitment activities for Hizballah; or

“(4) a foreign person owned or controlled by a person described in paragraph (1), (2), or (3).

“(b) Sanctions Described.—The sanctions described in this subsection are the following:

“(1) Asset blocking.—The exercise of all powers granted to the President 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 block and prohibit all transactions in all property and interests in property of a foreign person determined by the President to be subject to subsection (a) 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.

“(2) Aliens ineligible for visas, admission, or parole.—

“(A) Visas, admission, or parole.—An alien who the Secretary of State or the Secretary of Homeland Security (or designee of one of such Secretaries) determines is subject to subsection (a) is—

“(i) inadmissible to the United States;

“(ii) ineligible to receive a visa or other documentation to enter the United States; and

“(iii) otherwise ineligible to be admitted or paroled into the United States or to receive any other benefit under the Immigration and Nationality Act (8 U.S.C. 1101 et seq.).

“(B) Current visas revoked.—

“(i) In general.—The Secretary of State or the Secretary of Homeland Security (or designee of one of such Secretaries) shall revoke any visa or other entry documentation issued to an alien who the President determines is subject to subsection (a), regardless of when issued.

“(ii) Effect of revocation.—A revocation under clause (i) shall take effect immediately and shall automatically cancel any other valid visa or entry documentation that is in the possession of the alien.

“(c) Waiver.—

“(1) In general.—The President may, for periods not to exceed 180 days, waive the imposition of sanctions under this section if the President certifies to the appropriate congressional committees that such waiver is in the national security interests of the United States.

“(2) Briefing.—Not later than 30 days after the issuance of a waiver under paragraph (1) with respect to a foreign person, and every 180 days thereafter while the waiver remains in effect, the President shall brief the appropriate congressional committees on the status of the involvement of the foreign person in activities described in subsection (a).

“(d) Definitions.—In this section:

“(1) Admitted; alien.—The terms ‘admitted’ and ‘alien’ have meanings given those terms in section 101 of the Immigration and Nationality Act (8 U.S.C. 1101).

“(2) Appropriate congressional committees.—The term ‘appropriate congressional committees’ means—

“(A) the Committee on Foreign Affairs, the Committee on Ways and Means, the Committee on the Judiciary, the Committee on Financial Services, and the Permanent Select Committee on Intelligence of the House of Representatives; and

“(B) the Committee on Foreign Relations, the Committee on Finance, the Committee on Banking, Housing, and Urban Affairs, the Committee on the Judiciary, and the Select Committee on Intelligence of the Senate.

“(3) Entity.—The term ‘entity’ means a partnership, association, corporation, or other organization, group, or subgroup.

“(4) Foreign person.—The term ‘foreign person’ means any person that is not a United States person.

“(5) Hizballah.—The term ‘Hizballah’ has the meaning given such term in section 102(e).

“(6) Person.—The term ‘person’ means an individual or entity.

“(7) United states person.—The term ‘United States person’ means a United States citizen, an alien lawfully admitted for permanent residence, an entity organized under the laws of the United States (including foreign branches), or a person in the United States.”

(b)
Clerical Amendment.— The table of contents for the Hizballah International Financing Prevention Act of 2015 is amended by striking the item relating to section 101 and inserting the following new item:

“Sec. 101. Mandatory sanctions with respect to fundraising and recruitment activities for Hizballah.”.

SEC. 102. Modification of Report with Respect to Financial Institutions That Engage in Certain Transactions.

Section 102(d) of the Hizballah International Financing Prevention Act of 2015 (Public Law 114–102; 50 U.S.C. 1701 note) is amended to read as follows:

“(d) Report on Financial Institutions Organized Under the Laws of State Sponsors of Terrorism.—

“(1) In general.—Not later than 180 days after the date of the enactment of the Hizballah International Financing Prevention Amendments Act of 2018, and every 2 years thereafter for a period not to exceed 4 years, the President shall submit to the appropriate congressional committees a report that—

“(A) identifies each foreign financial institution described in paragraph (2) that the President determines engages in one or more activities described in subsection (a)(2); and

“(B) provides a detailed description of each such activity.

“(2) Foreign financial institution described.—

“(A) In general.—A foreign financial institution described in this paragraph is a foreign financial institution—

“(i) that, wherever located, is—

“(I) organized under the laws of a state sponsor of terrorism or any jurisdiction within a state sponsor of terrorism;

“(II) owned or controlled by the government of a state sponsor of terrorism;

“(III) located in the territory of a state sponsor of terrorism; or

“(IV) owned or controlled by a foreign financial institution described in subclause (I), (II), or (III); and

“(ii) the capitalization of which exceeds $10,000,000.

“(B) State sponsor of terrorism defined.—In this paragraph, the term ‘state sponsor of terrorism’ means a country the government of which the Secretary of State has determined is a government that has repeatedly provided support for acts of international terrorism for purposes of—

“(i) section 1754(c) of the Export Control Reform Act of 2018;

“(ii) section 620A of the Foreign Assistance Act of 1961 (22 U.S.C. 2371);

“(iii) section 40 of the Arms Export Control Act (22 U.S.C. 2780); or

“(iv) any other provision of law.”

SEC. 103. Sanctions Against Certain Agencies and Instrumentalities of Foreign States.

(a)
In General.— Title I of the Hizballah International Financing Prevention Act of 2015 (Public Law 114–102; 50 U.S.C. 1701 note) is amended by adding at the end the following:

“SEC. 103. SANCTIONS AGAINST CERTAIN AGENCIES AND INSTRUMENTALITIES OF FOREIGN STATES.

“(a) Sanctions.—

“(1) In general.—Not later than 180 days after the date of the enactment of the Hizballah International Financing Prevention Amendments Act of 2018, and as appropriate thereafter, the President shall impose the sanctions described in paragraph (3) with respect to an agency or instrumentality of a foreign state described in paragraph (2).

“(2) Agency or instrumentality of a foreign state described.—An agency or instrumentality of a foreign state is described in this paragraph if the President determines that the agency or instrumentality has, on or after the date of the enactment of the Hizballah International Financing Prevention Amendments Act of 2018, knowingly—

“(A) conducted significant joint combat operations with, or significantly supported combat operations of, Hizballah; or

“(B) provided significant financial support for or to, or significant arms or related materiel to, Hizballah.

“(3) Sanctions described.—The sanctions described in this paragraph are the exercise of all powers granted to the President 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 block and prohibit all transactions in all property and interests in property of an agency or instrumentality of a foreign state 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) Waiver.—

“(1) In general.—The President may, for periods not to exceed 180 days, waive the imposition of sanctions under this section with respect to an agency or instrumentality of a foreign state if the President certifies to the appropriate congressional committees that such waiver is vital to the national security interests of the United States.

“(2) Briefing.—Not later than 30 days after the issuance of a waiver under paragraph (1) with respect to an agency or instrumentality of a foreign state, and every 180 days thereafter while the waiver remains in effect, the President shall brief the appropriate congressional committees on the status of the involvement of the agency or instrumentality in activities described in subsection (a)(2).

“(c) Special Rule.—The President shall not be required to impose sanctions under this section with respect to an agency or instrumentality of a foreign state if the Secretary certifies in writing to the appropriate congressional committees that—

“(1) the agency or instrumentality—

“(A) is no longer engaging in activities described in subsection (a)(2); or

“(B) has taken and is continuing to take significant verifiable steps toward terminating such activities; and

“(2) the President has received reliable assurances from the government of the foreign state that the agency or instrumentality will not engage in any activity described in subsection (a)(2) in the future.

“(d) Definitions.—In this section:

“(1) Agency or instrumentality of a foreign state.—The term ‘agency or instrumentality of a foreign state’ has the meaning given the term in section 1603(b) of title 28, United States Code.

“(2) Appropriate congressional committees.—The term ‘appropriate congressional committees’ means—

“(A) the Committee on Foreign Affairs, the Committee on Financial Services, the Committee on Ways and Means, the Committee on the Judiciary, the Committee on Appropriations, and the Permanent Select Committee on Intelligence of the House of Representatives; and

“(B) the Committee on Foreign Relations, the Committee on Banking, Housing, and Urban Affairs, the Committee on the Judiciary, Committee on Finance, Committee on Appropriations, and the Select Committee on Intelligence of the Senate.

“(3) Arms or related materiel.—The term ‘arms or related materiel’ means—

“(A) nuclear, biological, chemical, or radiological weapons or materials or components of such weapons;

“(B) ballistic or cruise missile weapons or materials or components of such weapons; and

“(C) destabilizing numbers and types of advanced conventional weapons.

“(4) Hizballah.—The term ‘Hizballah’ has the meaning given such term in section 102(e).

“(5) United states person.—The term ‘United States person’ has the meaning given such term in section 101(d).”

(b)
Clerical Amendment.— The table of contents for the Hizballah International Financing Prevention Act of 2015 is amended by inserting after the item relating to section 102 the following new item:

“Sec. 103. Sanctions against certain agencies and instrumentalities of foreign states.”.

SEC. 104. Diplomatic Initiatives to Prevent Hostile Activities by Iran and Disrupt and Degrade Hizballah’s Illicit Networks.

(a)
Diplomatic Engagement.— Title I of the Hizballah International Financing Prevention Act of 2015 (Public Law 114–102; 129 Stat. 2206; 50 U.S.C. 1701 note), as amended by section 103 of this Act, is further amended by adding at the end the following:

“SEC. 104. DIPLOMATIC INITIATIVES TO PREVENT HOSTILE ACTIVITIES BY IRAN AND DISRUPT AND DEGRADE HIZBALLAH’S ILLICIT NETWORKS.

“Not later than 180 days after the date of the enactment of the Hizballah International Financing Prevention Amendments Act of 2018, the President shall instruct the Secretary of State, in consultation with the Secretary of the Treasury, to increase cooperation with foreign governments to assist in strengthening the capacity of such governments to prevent hostile activity by Iran and disrupt and degrade Hizballah’s illicit activities, including diplomatic engagement that involves—

“(1) efforts to target and expose illicit finance networks, arrest perpetrators, freeze assets, and address Iran and Hizballah’s use of illicit financial networks using international trade and banking systems;

“(2) efforts to assist willing governments with the development of counter-organized crime legislation, the strengthening of financial investigative capacity, and a fully-vetted counter-organized crime judicial model in jurisdictions plagued with corruption; and

“(3) efforts to persuade governments to list Hizballah as a terrorist organization.”

(b)
Clerical Amendment.— The table of contents for the Hizballah International Financing Prevention Act of 2015 is amended by inserting after the item related to section 103, as added by section 103(b) of this Act, the following new item:

“Sec. 104. Diplomatic initiatives to prevent hostile activities by Iran and disrupt and degrade Hizballah’s illicit networks.”.