[Congressional Bills 115th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4821 Introduced in House (IH)]
<DOC>
115th CONGRESS
2d Session
H. R. 4821
To impose sanctions against entities owned or controlled by the Armed
Forces of Iran, and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
January 18, 2018
Mr. Roskam (for himself, Ms. Cheney, Ms. Granger, Mr. Gallagher, Mrs.
Walorski, Mr. Bishop of Michigan, Mr. Lamborn, Mr. Rodney Davis of
Illinois, Mr. Ferguson, Ms. Stefanik, Mr. LaMalfa, Mrs. Handel, Mr.
Pittenger, Mr. Cramer, Mr. King of New York, Mr. Rokita, Mr. DeSantis,
Mr. Rothfus, Mr. Lance, and Mr. LaHood) introduced the following bill;
which was referred to the Committee on Foreign Affairs, and in addition
to the Committees on Financial Services, the Judiciary, Oversight and
Government Reform, and Ways and Means, for a period to be subsequently
determined by the Speaker, in each case for consideration of such
provisions as fall within the jurisdiction of the committee concerned
_______________________________________________________________________
A BILL
To impose sanctions against entities owned or controlled by the Armed
Forces of Iran, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE AND TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``Iran Freedom
Policy and Sanctions Act''.
(b) Table of Contents.--The table of contents for this Act is as
follows:
Sec. 1. Short title and table of contents.
Sec. 2. Findings.
Sec. 3. Statement of policy.
Sec. 4. Definitions.
TITLE I--IMPOSITION OF SANCTIONS AGAINST ENTITIES OWNED OR CONTROLLED
BY THE ARMED FORCES OF IRAN
Sec. 101. Imposition of sanctions against entities owned or controlled
by the Armed Forces of Iran.
Sec. 102. Watch List and report.
TITLE II--REINSTATEMENT OF SANCTIONS IMPOSED WITH RESPECT TO IRAN THAT
WERE WAIVED, SUSPENDED, REDUCED, OR OTHERWISE RELIEVED PURSUANT TO THE
JOINT COMPREHENSIVE PLAN OF ACTION
Sec. 201. Reinstatement of sanctions imposed with respect to Iran that
were waived, suspended, reduced, or
otherwise relieved pursuant to the Joint
Comprehensive Plan of Action.
TITLE III--IRAN BALLISTIC MISSILE SANCTIONS ACT OF 2018
Sec. 301. Short title.
Sec. 302. Sense of Congress.
Sec. 303. Expansion of sanctions with respect to efforts by Iran to
acquire ballistic missile and related
technology.
Sec. 304. Extension of Iran Sanctions Act of 1996 and expansion of
sanctions with respect to persons that
acquire or develop ballistic missiles.
Sec. 305. Imposition of sanctions with respect to ballistic missile
program of Iran.
Sec. 306. Expansion of mandatory sanctions with respect to financial
institutions that engage in certain
transactions relating to ballistic missile
capabilities of Iran.
Sec. 307. Regulations.
SEC. 2. FINDINGS.
Congress finds the following:
(1) A nuclear-capable Iran threatens United States national
security and global stability.
(2) Since the 1980s, Iran has engaged in a sustained and
well-documented pattern of illicit and deceptive activities to
acquire a nuclear weapons capability.
(3) It is the policy of the United States to prevent Iran
from acquiring a nuclear weapons capability.
(4) Iran is developing an arsenal of advanced long-range
ballistic missiles, including some already capable of reaching
India, North Africa, western China, and parts of eastern
Europe.
(5) The Department of State has designated Iran as a state
sponsor of terrorism since 1984 and has characterized Iran as
the ``most active state sponsor of terrorism'' in the world.
(6) Iran is a world leader in human rights violations,
including the persecution of religious minorities and
imprisonment of United States citizens.
(7) Beginning on December 28, 2017, Iranians from all
social sectors have participated in protests against the
Iranian regime's oppressive domestic policies and destructive
foreign policy, in which over 1,000 protestors have been
arrested and 21 have been killed.
(8) The Joint Comprehensive Plan of Action fails to
permanently prevent Iran from obtaining a nuclear weapons
capability and fails to provide the international community a
legitimate inspections regime to monitor Iran's nuclear
program.
(9) The Joint Comprehensive Plan of Action allows key
restraints on Iran's nuclear program to expire within 10 to 15
years, including those on Iran's domestic uranium enrichment
program and heavy-water reactor at Arak.
(10) United Nations Security Council Resolution 2231
(2015), which endorses the Joint Comprehensive Plan of Action,
allows for lifting international restrictions on Iran with
regards to conventional military arms and ballistic missiles.
(11) The Joint Comprehensive Plan of Action fails to
address Iran's egregious human rights record, Iran's role as
the world's leading state-sponsor of international terrorism,
and Iran's unjust imprisonment of innocent United States
citizens.
(12) On numerous occasions, Iran has violated both the
letter and the spirit of the Joint Comprehensive Plan of Action
and its related agreements by exceeding the limits of heavy
water production, testing ballistic missiles, seeking to
acquire potentially illicit materials outside the mandatory
procurement channel, and sending arms to terrorist groups
around the Middle East.
(13) The current Joint Comprehensive Plan of Action
framework is insufficient in blocking Iran from developing a
nuclear weapons capability, and it is in the United States
national security interest to renegotiate this agreement to
strengthen its terms or to abrogate the agreement and use all
necessary measures to prevent Iran from developing a nuclear
weapon.
SEC. 3. STATEMENT OF POLICY.
It is the policy of the United States that the United States
should--
(1) deny the Government of Iran the ability to continue to
oppress the people of Iran and to use violence and executions
against pro-democracy protestors and regime opponents;
(2) fully and publicly support efforts made by the people
of Iran to promote the establishment of basic freedoms that
build the foundation for the emergence of a freely elected,
open, and democratic political system;
(3) help the people of Iran produce, access, and share
information freely and safely via the Internet and through
other media;
(4) defeat all attempts by the Government of Iran to jam or
otherwise obstruct international satellite broadcast signals,
internet access, or social media access for the people of Iran;
(5) ensure Iran is permanently prevented from obtaining a
nuclear weapons capability;
(6) extend indefinitely upon Iran restrictions on nuclear-
related activities to prevent both the uranium and plutonium
pathways to nuclear weaponization; and
(7) seek a United Nations Security Council resolution
permanently extending prohibitions on Iran's ballistic missile
and arms embargo as found in paragraphs 3 and 4 of Annex B of
United Nations Security Council Resolution 2231 (2015).
SEC. 4. DEFINITIONS.
In this Act:
(1) Appropriate congressional committees.--The term
``appropriate congressional committees'' 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) Entity.--The term ``entity'' means any corporation,
business association, partnership, trust, society, or any other
entity.
(3) IRGC.--The term ``IRGC'' means Iran's Revolutionary
Guard Corps.
(4) Joint comprehensive plan of action.--The term ``Joint
Comprehensive Plan of Action'' means the Joint Comprehensive
Plan of Action, agreed to at Vienna on July 14, 2015, by Iran
and by the People's Republic of China, France, Germany, the
Russian Federation, the United Kingdom and the United States,
with the High Representative of the European Union for Foreign
Affairs and Security Policy, and all implementing materials and
agreements related to the Joint Comprehensive Plan of Action.
(5) NPT safeguards agreement.--The term ``NPT Safeguards
Agreement'' means the Agreement between Iran and the
International Atomic Energy Agency for the Application of
Safeguards in Connection with the Treaty on the Non-
Proliferation of Nuclear Weapons, which entered into force on
May 15, 1974.
(6) Person.--The term ``person'' means an individual or
entity.
TITLE I--IMPOSITION OF SANCTIONS AGAINST ENTITIES OWNED OR CONTROLLED
BY THE ARMED FORCES OF IRAN
SEC. 101. IMPOSITION OF SANCTIONS AGAINST ENTITIES OWNED OR CONTROLLED
BY THE ARMED FORCES OF IRAN.
(a) In General.--The President shall impose the sanctions described
in subsection (c) with respect to any entity described in subsection
(b).
(b) Entity Described.--
(1) In general.--An entity described in this subsection is
an entity, including an entity listed on the Tehran Stock
Exchange, that is owned or controlled by the Armed Forces of
Iran regardless of whether the entity itself is 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.
(2) Definition.--In this subsection, the term ``Armed
Forces of Iran'' includes--
(A) Iran's Revolutionary Guard Corps;
(B) the Basij paramilitary;
(C) the regular military;
(D) the Ministry of Defense and Armed Forces
Logistics (MODAFL);
(E) the police; and
(F) the General Staff of the Armed Forces.
(c) Sanctions Described.--
(1) In general.--The blocking, in accordance with the
International Emergency Economic Powers Act (50 U.S.C. 1701 et
seq.), of all transactions in all property and interests in
property of an entity 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) Inapplicability of national emergency requirement.--The
requirements of section 202 of the International Emergency
Economic Powers Act (50 U.S.C. 1701) shall not apply for
purposes of this section.
(d) Definitions.--In this section:
(1) United states person.--The term ``United States
person'' means--
(A) a United States citizen or an alien lawfully
admitted for permanent residence to the United States;
or
(B) an entity organized under the laws of the
United States or of any jurisdiction within the United
States, including a foreign branch of such an entity.
(2) Own or control.--The term ``own or control'' means,
with respect to an entity--
(A) to hold more than 20 percent of the equity
interest by vote or value in the entity;
(B) to hold a majority of seats on the board of
directors of the entity; or
(C) to otherwise control the actions, policies, or
personnel decisions of the entity.
SEC. 102. WATCH LIST AND REPORT.
(a) In General.--The Secretary of the Treasury shall establish,
maintain, and publish in the Federal Register a list of each entity
with respect to which the Armed Forces of Iran (as defined in section
101(b)(2))--
(1) holds less than 20 percent of the equity interest by
vote or value in the entity; or
(2) does not own any interest in the entity but maintains a
presence on the board of directors of the entity or otherwise
influences the actions, policies, or personnel decisions of the
entity.
(b) Report.--Not later than 90 days after the date of the enactment
of the Act, and annually thereafter, the Secretary of the Treasury
shall submit to Congress a report on any changes to the list required
by subsection (a).
(c) Reference.--The list required by subsection (a) shall be known
as the ``IRGC Watch List''.
TITLE II--REINSTATEMENT OF SANCTIONS IMPOSED WITH RESPECT TO IRAN THAT
WERE WAIVED, SUSPENDED, REDUCED, OR OTHERWISE RELIEVED PURSUANT TO THE
JOINT COMPREHENSIVE PLAN OF ACTION
SEC. 201. REINSTATEMENT OF SANCTIONS IMPOSED WITH RESPECT TO IRAN THAT
WERE WAIVED, SUSPENDED, REDUCED, OR OTHERWISE RELIEVED
PURSUANT TO THE JOINT COMPREHENSIVE PLAN OF ACTION.
(a) In General.--The reinstatement of sanctions imposed with
respect to Iran pursuant to subsection (d) shall not take effect with
respect to the 90-day period beginning on the date of the enactment of
this Act or any 90-day period thereafter for which a certification
described in subsection (b) is in effect.
(b) Certification.--A certification described in this subsection is
a certification submitted by the President to the appropriate
congressional committees with respect to a 90-day period described in
subsection (a) that contains a determination of the President that--
(1) the Government of Iran has not--
(A) undertaken any activity related to ballistic
missiles designed to be capable of delivering nuclear
weapons, including launches using ballistic missile
technology;
(B) undertaken any activity to--
(i) produce sufficient weapons-grade
uranium or plutonium for a nuclear weapon in
under 12 months;
(ii) maintain an excess of over 300
kilograms of Low Enriched Uranium; and
(iii) maintain an excess of 130 metric tons
of heavy water;
(C) undertaken any activity to--
(i) increase uranium enrichment levels
beyond 3.67 percent;
(ii) develop, produce, or install advanced
centrifuges; and
(iii) build new heavy water facilities or
restore currently established facilities to
operating capacity; and
(D) denied the international community unfettered,
unannounced, and indefinite access to Iran's nuclear
program, including ``anywhere, anytime'' access and
inspections of places, personnel, and paperwork,
including physical access by the International Atomic
Energy Agency to all suspicious sites, including
military facilities, to monitor both overt and covert
attempts by Iran develop a nuclear weapon; and
(2) the Government of Iran has--
(A) ratified and implemented the Additional
Protocol to the NPT Safeguards Agreement; and
(B) provided complete and full disclosure of the
extent of Iran's nuclear activities, including a report
on any possible military dimensions of Iran's nuclear
program based on full access to suspected sites and all
scientists involved in military dimensions of such
program.
(c) Certification Not Submitted.--In the event the President does
not submit a certification described in subsection (b) to the
appropriate congressional committees pursuant to subsection (b) with
respect to a 90-day period described in subsection (a), the requirement
to reinstate sanctions imposed with respect to Iran pursuant to
subsection (d) shall take effect.
(d) Reinstatement of Sanctions.--
(1) Statutory sanctions.--Any statutory sanctions imposed
with respect to Iran pursuant to the provisions of law
described in subsection (e) that were waived, suspended,
reduced, or otherwise relieved pursuant to the Joint
Comprehensive Plan of Action, submitted pursuant to section
135(a) of the Atomic Energy Act of 1954, are hereby reinstated
and any action by the United States Government to facilitate
the release of funds or assets to Iran pursuant to the Joint
Comprehensive Plan of Action, or provide any further waiver,
suspension, reduction, or other relief pursuant to the Joint
Comprehensive Plan of Action is hereby prohibited.
(2) Sanctions pursuant to executive orders.--Any sanctions
imposed with respect to Iran pursuant to the Executive orders
described in subsection (f) that were revoked pursuant to
sections 1 and 2(a) of Executive Order 13716 of January 16,
2016 (Revocation of Executive Orders 13574, 13590, 13622, and
13645 With Respect to Iran, Amendment of Executive Order 13628
With Respect to Iran, and Provision of Implementation
Authorities for Aspects of Certain Statutory Sanctions Outside
the Scope of U.S. Commitments Under the Joint Comprehensive
Plan of Action of July 14, 2015) are hereby reinstated.
(e) Provisions of Law Described.--The provisions of law described
in this subsection are the following:
(1) The Iran Sanctions Act of 1996 (Public Law 104-172; 50
U.S.C. 1701 note).
(2) Section 1245(d)(5) of the National Defense
Authorization Act for Fiscal Year 2012 (22 U.S.C. 8513a(d)(5)).
(3) Sections 212(d)(1) and 213(b)(1) of the Iran Threat
Reduction and Syrian Human Rights Act of 2012 (22 U.S.C.
8722(d)(1) and 8723(b)(1)).
(4) Sections 1244(i), 1245(g), and 1247(f) of the Iran
Freedom and Counter-Proliferation Act of 2012 (22 U.S.C.
8803(i), 8804(g), and 8806(f)).
(f) Executive Orders Described.--The Executive orders described in
this subsection are the following:
(1) Executive Order 13574 of May 23, 2011 (Authorizing the
Implementation of Certain Sanctions Set Forth in the Iran
Sanctions Act of 1996);
(2) Executive Order 13590 of November 20, 2011 (Authorizing
the Imposition of Certain Sanctions With Respect to the
Provision of Goods, Services, Technology, or Support for Iran's
Energy and Petrochemical Sectors).
(3) Executive Order 13622 of July 30, 2012 (Authorizing
Additional Sanctions With Respect to Iran).
(4) Executive Order 13645 of June 3, 2013 (Authorizing the
Implementation of Certain Sanctions Set Forth in the Iran
Freedom and Counter-Proliferation Act of 2012 and Additional
Sanctions With Respect To Iran).
(5) Sections 5 through 7 of Executive Order 13628 of
October 9, 2012 (Authorizing the Implementation of Certain
Sanctions Set Forth in the Iran Threat Reduction and Syria
Human Rights Act of 2012 and Additional Sanctions with Respect
to Iran).
TITLE III--IRAN BALLISTIC MISSILE SANCTIONS ACT OF 2018
SEC. 301. SHORT TITLE.
This title may be cited as the ``Iran Ballistic Missile Sanctions
Act of 2018''.
SEC. 302. SENSE OF CONGRESS.
It is the sense of Congress that--
(1) the ballistic missile program of Iran represents a
serious threat to allies of the United States in the Middle
East and Europe, members of the Armed Forces deployed in the
those regions, and ultimately the United States;
(2) the testing and production by Iran of ballistic
missiles capable of carrying a nuclear device is a clear
violation of United Nations Security Council Resolution 2231
(2015), which was unanimously adopted by the international
community;
(3) Iran is using its space launch program to develop the
capabilities necessary to deploy an intercontinental ballistic
missile that could threaten the United States, and the Director
of National Intelligence has assessed that Iran would use
ballistic missiles as its ``preferred method of delivering
nuclear weapons''; and
(4) the Government of the United States should impose tough
primary and secondary sanctions against any sector of the
economy of Iran or any Iranian person that directly or
indirectly supports the ballistic missile program of Iran as
well as any foreign person or financial institution that
engages in transactions or trade that support that program.
SEC. 303. EXPANSION OF SANCTIONS WITH RESPECT TO EFFORTS BY IRAN TO
ACQUIRE BALLISTIC MISSILE AND RELATED TECHNOLOGY.
(a) Certain Persons.--Section 1604(a) of the Iran-Iraq Arms Non-
Proliferation Act of 1992 (Public Law 102-484; 50 U.S.C. 1701 note) is
amended, in the matter preceding paragraph (1), by inserting ``, to
acquire ballistic missile or related technology,'' after ``nuclear
weapons''.
(b) Foreign Countries.--Section 1605(a) of the Iran-Iraq Arms Non-
Proliferation Act of 1992 (Public Law 102-484; 50 U.S.C. 1701 note) is
amended, in the matter preceding paragraph (1), by inserting ``, to
acquire ballistic missile or related technology,'' after ``nuclear
weapons''.
SEC. 304. EXTENSION OF IRAN SANCTIONS ACT OF 1996 AND EXPANSION OF
SANCTIONS WITH RESPECT TO PERSONS THAT ACQUIRE OR DEVELOP
BALLISTIC MISSILES.
(a) Expansion of Mandatory Sanctions.--Section 5(b)(1)(B) of the
Iran Sanctions Act of 1996 (Public Law 104-172; 50 U.S.C. 1701 note) is
amended--
(1) in clause (i), by striking ``would likely'' and
inserting ``may''; and
(2) in clause (ii)--
(A) in subclause (I), by striking ``; or'' and
inserting a semicolon;
(B) by redesignating subclause (II) as subclause
(III); and
(C) by inserting after subclause (I) the following:
``(II) acquire or develop ballistic
missiles and the capability to launch
ballistic missiles; or''.
(b) Extension of Iran Sanctions Act of 1996.--Section 13(b) of the
Iran Sanctions Act of 1996 (Public Law 104-172; 50 U.S.C. 1701 note) is
amended by striking ``December 31, 2026'' and inserting ``December 31,
2031''.
SEC. 305. IMPOSITION OF SANCTIONS WITH RESPECT TO BALLISTIC MISSILE
PROGRAM OF IRAN.
(a) In General.--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:
``Subtitle C--Measures Relating to Ballistic Missile Program of Iran
``SEC. 231. DEFINITIONS.
``(a) In General.--In this subtitle:
``(1) 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).
``(2) Appropriate committees of congress.--The term
`appropriate committees of Congress' means--
``(A) the committees specified in section 14(2) of
the Iran Sanctions Act of 1996 (Public Law 104-172; 50
U.S.C. 1701 note); and
``(B) the congressional defense committees, as
defined in section 101 of title 10, United States Code.
``(3) Correspondent account; payable-through account.--The
terms `correspondent account' and `payable-through account'
have the meanings given those terms in section 5318A of title
31, United States Code.
``(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)).
``(5) Good.--The term `good' has the meaning given that
term in section 16 of the Export Administration Act of 1979 (50
U.S.C. 4618) (as continued in effect pursuant to the
International Emergency Economic Powers Act (50 U.S.C. 1701 et
seq.)).
``(6) Government.--The term `Government', with respect to a
foreign country, includes any agencies or instrumentalities of
that Government and any entities controlled by that Government.
``(7) Medical device.--The term `medical device' has the
meaning given the term `device' in section 201 of the Federal
Food, Drug, and Cosmetic Act (21 U.S.C. 321).
``(8) 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).
``(b) Determinations of Significance.--For purposes of this
subtitle, in determining if financial transactions or financial
services are significant, the President may consider the totality of
the facts and circumstances, including factors similar to the factors
set forth in section 561.404 of title 31, Code of Federal Regulations
(or any corresponding similar regulation or ruling).
``SEC. 232. IMPOSITION OF SANCTIONS WITH RESPECT TO PERSONS THAT
SUPPORT THE BALLISTIC MISSILE PROGRAM OF IRAN.
``(a) Identification of Persons.--
``(1) In general.--Not later than 120 days after the date
of the enactment of the Iran Ballistic Missile Sanctions Act of
2018, and not less frequently than once every 180 days
thereafter, the President shall, in coordination with the
Secretary of Defense, the Director of National Intelligence,
the Secretary of the Treasury, and the Secretary of State,
submit to the appropriate committees of Congress a report
identifying persons that have knowingly aided the Government of
Iran in the development of the ballistic missile program of
Iran.
``(2) Elements.--Each report required by paragraph (1)
shall include the following:
``(A) An identification of persons (disaggregated
by Iranian and non-Iranian persons) that have knowingly
aided the Government of Iran in the development of the
ballistic missile program of Iran, including persons
that have--
``(i) knowingly engaged in the direct or
indirect provision of material support to such
program;
``(ii) knowingly facilitated, supported, or
engaged in activities to further the
development of such program;
``(iii) knowingly transmitted information
relating to ballistic missiles to the
Government of Iran; or
``(iv) otherwise knowingly aided such
program.
``(B) A description of the character and
significance of the cooperation of each person
identified under subparagraph (A) with the Government
of Iran with respect to such program.
``(C) An assessment of the cooperation of the
Government of the Democratic People's Republic of Korea
with the Government of Iran with respect to such
program.
``(3) Classified annex.--Each report required by paragraph
(1) shall be submitted in unclassified form, but may contain a
classified annex.
``(b) Blocking of Property.--
``(1) In general.--Not later than 15 days after submitting
a report required by subsection (a)(1), the President shall, in
accordance with the International Emergency Economic Powers Act
(50 U.S.C. 1701 et seq.), block and prohibit all transactions
in all property and interests in property of any person
specified in such report 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) Inapplicability of national emergency requirement.--
The requirements under section 202 of the International
Emergency Economic Powers Act (50 U.S.C. 1701) shall not apply
for purposes of this subsection.
``(c) Exclusion From United States.--
``(1) In general.--Except as provided in paragraph (2), the
Secretary of State shall deny a visa to, and the Secretary of
Homeland Security shall exclude from the United States, any
alien subject to blocking of property and interests in property
under subsection (b).
``(2) Compliance with united nations headquarters
agreement.--Paragraph (1) shall not apply to the head of state
of Iran, or necessary staff of that head of state, if admission
to 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.
``(d) 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 knowingly, on or after the date that is 180 days
after the date of the enactment of the Iran Ballistic Missile Sanctions
Act of 2018, conducts or facilitates a significant financial
transaction for a person subject to blocking of property and interests
in property under subsection (b).
``SEC. 233. BLOCKING OF PROPERTY OF PERSONS AFFILIATED WITH CERTAIN
IRANIAN ENTITIES.
``(a) Blocking of Property.--
``(1) In general.--The President shall, in accordance with
the International Emergency Economic Powers Act (50 U.S.C. 1701
et seq.), block and prohibit all transactions in all property
and interests in property of any person described in paragraph
(3) 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) Inapplicability of national emergency requirement.--
The requirements under section 202 of the International
Emergency Economic Powers Act (50 U.S.C. 1701) shall not apply
for purposes of this subsection.
``(3) Persons described.--A person described in this
paragraph is--
``(A) an entity that is owned, directly or
indirectly, by a 20 percent or greater interest--
``(i) by the Aerospace Industries
Organization, the Shahid Hemmat Industrial
Group, the Shahid Bakeri Industrial Group, or
any agent or affiliate of such organization or
group; or
``(ii) collectively by a group of
individuals that hold an interest in the
Aerospace Industries Organization, the Shahid
Hemmat Industrial Group, the Shahid Bakeri
Industrial Group, or any agent or affiliate of
such organization or group, even if none of
those individuals hold a 20 percent or greater
interest in the entity;
``(B) a person that controls, manages, or directs
an entity described in subparagraph (A); or
``(C) an individual who is on the board of
directors of an entity described in subparagraph (A).
``(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 knowingly, on or after the date that is 180 days
after the date of the enactment of the Iran Ballistic Missile Sanctions
Act of 2018, conducts or facilitates a significant financial
transaction for a person subject to blocking of property and interests
in property under subsection (a).
``(c) Iran Missile Proliferation Watch List.--
``(1) In general.--Not later than 90 days after the date of
the enactment of the Iran Ballistic Missile Sanctions Act of
2018, and not less frequently than annually thereafter, the
Secretary of the Treasury shall submit to the appropriate
committees of Congress and publish in the Federal Register a
list of--
``(A) each entity in which the Aerospace Industries
Organization, the Shahid Hemmat Industrial Group, the
Shahid Bakeri Industrial Group, or any agent or
affiliate of such organization or group has an
ownership interest of more than 0 percent and less than
20 percent;
``(B) each entity in which the Aerospace Industries
Organization, the Shahid Hemmat Industrial Group, the
Shahid Bakeri Industrial Group, or any agent or
affiliate of such organization or group does not have
an ownership interest but maintains a presence on the
board of directors of the entity or otherwise
influences the actions, policies, or personnel
decisions of the entity; and
``(C) each person that controls, manages, or
directs an entity described in subparagraph (A) or (B).
``(2) Reference.--The list required by paragraph (1) may be
referred to as the `Iran Missile Proliferation Watch List'.
``(d) Comptroller General Report.--
``(1) In general.--The Comptroller General of the United
States shall--
``(A) conduct a review of each list required by
subsection (c)(1); and
``(B) not later than 60 days after each such list
is submitted to the appropriate committees of Congress
under that subsection, submit to the appropriate
committees of Congress a report on the review conducted
under subparagraph (A) that includes a list of persons
not included in that list that qualify for inclusion in
that list, as determined by the Comptroller General.
``(2) Consultations.--In preparing the report required by
paragraph (1)(B), the Comptroller General shall consult with
nongovernmental organizations.
``SEC. 234. IMPOSITION OF SANCTIONS WITH RESPECT TO CERTAIN PERSONS
INVOLVED IN BALLISTIC MISSILE ACTIVITIES.
``(a) Certification.--Not later than 120 days after the date of the
enactment of the Iran Ballistic Missile Sanctions Act of 2018, and not
less frequently than once every 180 days thereafter, the President
shall submit to the appropriate committees of Congress a certification
that each person listed in an annex of United Nations Security Council
Resolution 1737 (2006), 1747 (2007), or 1929 (2010) is not directly or
indirectly facilitating, supporting, or involved with the development
of or transfer to Iran of ballistic missiles or technology, parts,
components, or technology information relating to ballistic missiles.
``(b) Blocking of Property.--
``(1) In general.--If the President is unable to make a
certification under subsection (a) with respect to a person and
the person is not currently subject to sanctions with respect
to Iran under any other provision of law, the President shall,
not later than 15 days after that certification would have been
required under that subsection--
``(A) in accordance with the International
Emergency Economic Powers Act (50 U.S.C. 1701 et seq.),
block and prohibit all transactions in all property and
interests in property of that 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;
and
``(B) publish in the Federal Register a report
describing the reason why the President was unable to
make a certification with respect to that person.
``(2) Inapplicability of national emergency requirement.--
The requirements under section 202 of the International
Emergency Economic Powers Act (50 U.S.C. 1701) shall not apply
for purposes of this subsection.
``(c) Exclusion From United States.--
``(1) In general.--Except as provided in paragraph (2), the
Secretary of State shall deny a visa to, and the Secretary of
Homeland Security shall exclude from the United States, any
alien subject to blocking of property and interests in property
under subsection (b).
``(2) Compliance with united nations headquarters
agreement.--Paragraph (1) shall not apply to the head of state
of Iran, or necessary staff of that head of state, if admission
to 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.
``(d) 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 knowingly, on or after the date that is 180 days
after the date of the enactment of the Iran Ballistic Missile Sanctions
Act of 2018, conducts or facilitates a significant financial
transaction for a person subject to blocking of property and interests
in property under subsection (b).
``SEC. 235. IMPOSITION OF SANCTIONS WITH RESPECT TO CERTAIN SECTORS OF
IRAN THAT SUPPORT THE BALLISTIC MISSILE PROGRAM OF IRAN.
``(a) List of Sectors.--
``(1) In general.--Not later than 120 days after the date
of the enactment of the Iran Ballistic Missile Sanctions Act of
2018, and not less frequently than once every 180 days
thereafter, the President shall submit to the appropriate
committees of Congress and publish in the Federal Register a
list of the sectors of the economy of Iran that are directly or
indirectly facilitating, supporting, or involved with the
development of or transfer to Iran of ballistic missiles or
technology, parts, components, or technology information
relating to ballistic missiles.
``(2) Certain sectors.--
``(A) In general.--Not later than 120 days after
the date of enactment of the Iran Ballistic Missile
Sanctions Act of 2018, the President shall submit to
the appropriate committees of Congress a determination
as to whether each of the automotive, chemical,
computer science, construction, electronic, energy,
metallurgy, mining, petrochemical, research (including
universities and research institutions), and
telecommunications sectors of Iran meet the criteria
specified in paragraph (1).
``(B) Inclusion in initial list.--If the President
determines under subparagraph (A) that the sectors of
the economy of Iran specified in such subparagraph meet
the criteria specified in paragraph (1), that sector
shall be included in the initial list submitted and
published under that paragraph.
``(b) Sanctions With Respect to Specified Sectors of Iran.--
``(1) Blocking of property.--
``(A) In general.--The President shall, in
accordance with the International Emergency Economic
Powers Act (50 U.S.C. 1701 et seq.), block and prohibit
all transactions in all property and interests in
property of any person described in paragraph (4) 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) Inapplicability of national emergency
requirement.--The requirements under section 202 of the
International Emergency Economic Powers Act (50 U.S.C.
1701) shall not apply for purposes of this paragraph.
``(2) Exclusion from united states.--
``(A) In general.--Except as provided in
subparagraph (B), the Secretary of State shall deny a
visa to, and the Secretary of Homeland Security shall
exclude from the United States, any alien that is a
person described in paragraph (4).
``(B) Compliance with united nations headquarters
agreement.--Subparagraph (A) shall not apply to the
head of state of Iran, or necessary staff of that head
of state, if admission to 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.
``(3) Facilitation of certain transactions.--Except as
provided in this section, 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 knowingly, on or after the date
that is 180 days after the date of the enactment of the Iran
Ballistic Missile Sanctions Act of 2018, conducts or
facilitates a significant financial transaction for a person
described in paragraph (4).
``(4) Persons described.--A person is described in this
paragraph if the President determines that the person, on or
after the date that is 180 days after the date of the enactment
of the Iran Ballistic Missile Sanctions Act of 2018--
``(A) operates in a sector of the economy of Iran
included in the most recent list published by the
President under subsection (a);
``(B) knowingly provides significant financial,
material, technological, or other support to, or goods
or services in support of, any activity or transaction
on behalf of or for the benefit of a person described
in subparagraph (A); or
``(C) is owned or controlled by a person described
in subparagraph (A).
``(c) Humanitarian Exception.--The President may not impose
sanctions under this section with respect to any person for conducting
or facilitating a transaction for the sale of agricultural commodities,
food, medicine, or medical devices to Iran or for the provision of
humanitarian assistance to the people of Iran.
``SEC. 236. IDENTIFICATION OF FOREIGN PERSONS THAT SUPPORT THE
BALLISTIC MISSILE PROGRAM OF IRAN IN CERTAIN SECTORS OF
IRAN.
``(a) In General.--Not later than 120 days after the date of the
enactment of the Iran Ballistic Missile Sanctions Act of 2018, and not
less frequently than annually thereafter, the President shall submit to
the appropriate committees of Congress and publish in the Federal
Register a list of all foreign persons that have, based on credible
information, directly or indirectly facilitated, supported, or been
involved with the development of ballistic missiles or technology,
parts, components, or technology information related to ballistic
missiles in the following sectors of the economy of Iran during the
period specified in subsection (b):
``(1) Automotive.
``(2) Chemical.
``(3) Computer Science.
``(4) Construction.
``(5) Electronic.
``(6) Energy.
``(7) Metallurgy.
``(8) Mining.
``(9) Petrochemical.
``(10) Research (including universities and research
institutions).
``(11) Telecommunications.
``(12) Any other sector of the economy of Iran identified
under section 235(a).
``(b) Period Specified.--The period specified in this subsection
is--
``(1) with respect to the first list submitted under
subsection (a), the period beginning on the date of the
enactment of the Iran Ballistic Missile Sanctions Act of 2018
and ending on the date that is 120 days after such date of
enactment; and
``(2) with respect to each subsequent list submitted under
such subsection, the one-year period preceding the submission
of the list.
``(c) Comptroller General Report.--
``(1) In general.--With respect to each list submitted
under subsection (a), not later than 120 days after the list is
submitted under that subsection, the Comptroller General of the
United States shall submit to the appropriate committees of
Congress--
``(A) an assessment of the processes followed by
the President in preparing the list;
``(B) an assessment of the foreign persons included
in the list; and
``(C) a list of persons not included in the list
that qualify for inclusion in the list, as determined
by the Comptroller General.
``(2) Consultations.--In preparing the report required by
paragraph (1), the Comptroller General shall consult with
nongovernmental organizations.
``(d) Credible Information Defined.--In this section, the term
`credible information' 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).''.
(b) 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:
``Subtitle C--Measures Relating to Ballistic Missile Program of Iran
``Sec. 231. Definitions.
``Sec. 232. Imposition of sanctions with respect to persons that
support the ballistic missile program of
Iran.
``Sec. 233. Blocking of property of persons affiliated with certain
Iranian entities.
``Sec. 234. Imposition of sanctions with respect to certain persons
involved in ballistic missile activities.
``Sec. 235. Imposition of sanctions with respect to certain sectors of
Iran that support the ballistic missile
program of Iran.
``Sec. 236. Identification of foreign persons that support the
ballistic missile program of Iran in
certain sectors of Iran.''.
SEC. 306. EXPANSION OF MANDATORY SANCTIONS WITH RESPECT TO FINANCIAL
INSTITUTIONS THAT ENGAGE IN CERTAIN TRANSACTIONS RELATING
TO BALLISTIC MISSILE CAPABILITIES OF IRAN.
Section 104 of the Comprehensive Iran Sanctions, Accountability,
and Divestment Act of 2010 (22 U.S.C. 8513) is amended--
(1) in subsection (c)(2)--
(A) in subparagraph (A)--
(i) in clause (i), by striking ``; or'' and
inserting a semicolon;
(ii) by redesignating clause (ii) as clause
(iii); and
(iii) by inserting after clause (i) the
following:
``(ii) to acquire or develop ballistic
missiles and capabilities and launch technology
relating to ballistic missiles; or''; and
(B) in subparagraph (E)(ii)--
(i) in subclause (I), by striking ``; or''
and inserting a semicolon;
(ii) by redesignating subclause (II) as
subclause (III); and
(iii) by inserting after subclause (I) the
following:
``(II) Iran's development of
ballistic missiles and capabilities and
launch technology relating to ballistic
missiles; or''; and
(2) in subsection (f)--
(A) by redesignating paragraphs (1) and (2) as
subparagraphs (A) and (B), respectively, and moving
those subparagraphs, as so redesignated, two ems to the
right;
(B) by striking ``Waiver.--The'' and inserting
``Waiver.--
``(1) In general.--Except as provided in paragraph (2),
the''; and
(C) by adding at the end the following:
``(2) Exception.--The Secretary of the Treasury may not
waive under paragraph (1) the application of a prohibition or
condition imposed with respect to an activity described in
subparagraph (A)(ii) or (E)(ii)(II) of subsection (c)(2).''.
SEC. 307. REGULATIONS.
Not later than 90 days after the date of the enactment of this Act,
the President shall prescribe regulations to carry out this title and
the amendments made by this title.
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