IN THE SENATE OF THE UNITED STATES - Congress.gov · 2 •S 722 RS 1 Be it enacted by the Senate...

II

Calendar No. 110 115TH CONGRESS

1ST SESSION S. 722 To impose sanctions with respect to Iran in relation to Iran’s ballistic missile

program, support for acts of international terrorism, and violations of

human rights, and for other purposes.

IN THE SENATE OF THE UNITED STATES

MARCH 23, 2017

Mr. CORKER (for himself, Mr. MENENDEZ, Mr. RUBIO, Mr. CARDIN, Mr. COT-

TON, Mr. CASEY, Mr. CRUZ, Mr. BENNET, Mr. RISCH, Mr. COONS, Mr.

SULLIVAN, Mr. BLUMENTHAL, Mr. YOUNG, Mr. DONNELLY, Mr. NEL-

SON, Mr. WYDEN, Mr. INHOFE, Ms. COLLINS, Mr. MORAN, Mr. WICKER,

Mr. ALEXANDER, Mr. BOOZMAN, Mr. BOOKER, Mr. TOOMEY, Mrs. CAP-

ITO, Mr. PETERS, Ms. KLOBUCHAR, Ms. STABENOW, Mr. ROBERTS, Mrs.

FISCHER, Mr. HATCH, Mr. HELLER, Mr. HOEVEN, Mr. BLUNT, Mr.

CRAPO, Mr. GRASSLEY, Mr. MANCHIN, Ms. MURKOWSKI, Mr. MCCAIN,

Mr. PORTMAN, Mr. KENNEDY, Mr. FLAKE, Mr. CASSIDY, Mrs. ERNST,

Mr. CORNYN, Mr. PERDUE, Mr. ROUNDS, Mr. DAINES, Mr. GARDNER,

Mr. STRANGE, and Mr. SCOTT) introduced the following bill; which was

read twice and referred to the Committee on Foreign Relations

MAY 25, 2017

Reported by Mr. CORKER, with an amendment

[Strike out all after the enacting clause and insert the part printed in italic]

A BILL To impose sanctions with respect to Iran in relation to Iran’s

ballistic missile program, support for acts of inter-

national terrorism, and violations of human rights, and

for other purposes.

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Be it enacted by the Senate and House of Representa-1

tives of the United States of America in Congress assembled, 2

SECTION 1. SHORT TITLE; TABLE OF CONTENTS. 3

(a) SHORT TITLE.—This Act may be cited as the 4

‘‘Countering Iran’s Destabilizing Activities Act of 2017’’. 5

(b) TABLE OF CONTENTS.—The table of contents for 6

this Act is as follows: 7

Sec. 1. Short title; table of contents.

Sec. 2. Definitions.

Sec. 3. Regional strategy for countering conventional and asymmetric Iranian

threats in the Middle East and North Africa.

Sec. 4. Imposition of additional sanctions in response to Iran’s ballistic missile

program.

Sec. 5. Imposition of terrorism-related sanctions with respect to the IRGC.

Sec. 6. Imposition of additional sanctions with respect to persons responsible

for human rights abuses.

Sec. 7. Enforcement of arms embargos.

Sec. 8. Continuation in effect of sanctions for Iranian support relating to ter-

rorism.

Sec. 9. Report on coordination of sanctions between the United States and the

European Union.

Sec. 10. Report on United States citizens detained by Iran.

Sec. 11. Exceptions for national security and humanitarian assistance; rule of

construction.

Sec. 12. Presidential waiver authority.

SEC. 2. DEFINITIONS. 8

In this Act: 9

(1) ACT OF INTERNATIONAL TERRORISM.—The 10

term ‘‘act of international terrorism’’ has the mean-11

ing given that term in section 14 of the Iran Sanc-12

tions Act of 1996 (Public Law 104–172; 50 U.S.C. 13

1701 note). 14

(2) APPROPRIATE CONGRESSIONAL COMMIT-15

TEES.—The term ‘‘appropriate congressional com-16

mittees’’ has the meaning given that term in section 17


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14 of the Iran Sanctions Act of 1996 (Public Law 1

104–172; 50 U.S.C. 1701 note). 2

(3) FOREIGN PERSON.—The term ‘‘foreign per-3

son’’ means a person that is not a United States 4

person. 5

(4) IRANIAN PERSON.—The term ‘‘Iranian per-6

son’’ means— 7

(A) an individual who is a citizen or na-8

tional of Iran; or 9

(B) an entity organized under the laws of 10

Iran or otherwise subject to the jurisdiction of 11

the Government of Iran. 12

(5) IRGC.—The term ‘‘IRGC’’ means Iran’s Is-13

lamic Revolutionary Guard Corps. 14

(6) KNOWINGLY.—The term ‘‘knowingly’’ has 15

the meaning given that term in section 14 of the 16

Iran Sanctions Act of 1996 (Public Law 104–172; 17

50 U.S.C. 1701 note). 18

(7) PERSON.—The term ‘‘person’’ means an in-19

dividual or entity. 20

(8) UNITED STATES PERSON.—The term 21

‘‘United States person’’ means— 22

(A) a United States citizen or an alien law-23

fully admitted for permanent residence to the 24

United States; or 25


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the United States or of any jurisdiction within 2

the United States, including a foreign branch of 3

such an entity. 4

SEC. 3. REGIONAL STRATEGY FOR COUNTERING CONVEN-5

TIONAL AND ASYMMETRIC IRANIAN THREATS 6

IN THE MIDDLE EAST AND NORTH AFRICA. 7

(a) IN GENERAL.—Not later than 180 days after the 8

date of the enactment of this Act, and every 2 years there-9

after, the Secretary of State, the Secretary of Defense, 10

the Secretary of the Treasury, and the Director of Na-11

tional Intelligence shall jointly develop and submit to the 12

appropriate congressional committees a strategy for deter-13

ring conventional and asymmetric Iranian activities and 14

threats that directly threaten the United States and key 15

allies in the Middle East, North Africa, and beyond. 16

(b) ELEMENTS.—The strategy required by subsection 17

(a) shall include at a minimum the following: 18

(1) A summary of the near- and long-term 19

United States objectives, plans, and means for coun-20

tering Iran’s destabilizing activities, including identi-21

fication of countries that share the objective of coun-22

tering Iran’s destabilizing activities. 23

(2) A summary of the capabilities and contribu-24

tions of individual countries to shared efforts to 25


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counter Iran’s destabilizing activities, and a sum-1

mary of additional actions or contributions that each 2

country could take to further contribute. 3

(3) An assessment of Iran’s conventional force 4

capabilities and an assessment of Iran’s plans to up-5

grade its conventional force capabilities, including its 6

acquisition, development, and deployment of ballistic 7

and cruise missile capabilities, unmanned aerial vehi-8

cles, and maritime offensive and anti-access or area 9

denial capabilities. 10

(4) An assessment of Iran’s chemical and bio-11

logical weapons capabilities and an assessment of 12

Iranian plans to upgrade its chemical or biological 13

weapons capabilities. 14

(5) An assessment of Iran’s asymmetric activi-15

ties in the region, including— 16

(A) the size, capabilities, and activities of 17

the IRGC, including the Quds Force; 18

(B) the size, capabilities, and activities of 19

Iran’s cyber operations; 20

(C) the types and amount of support, in-21

cluding funding, lethal and nonlethal contribu-22

tions, and training, provided to Hezbollah, 23

Hamas, special groups in Iraq, the regime of 24

Bashar al-Assad in Syria, Houthi fighters in 25


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Yemen, and other violent groups across the 1

Middle East; and 2

(D) the scope and objectives of Iran’s in-3

formation operations and use of propaganda. 4

(6) A summary of United States actions, unilat-5

erally and in cooperation with foreign governments, 6

to counter destabilizing Iranian activities, includ-7

ing— 8

(A) interdiction of Iranian lethal arms 9

bound for groups designated as foreign terrorist 10

organizations under section 219 of the Immi-11

gration and Nationality Act (8 U.S.C. 1189); 12

(B) Iran’s interference in international 13

commercial shipping lanes; 14

(C) attempts by Iran to undermine or sub-15

vert internationally recognized governments in 16

the Middle East region; and 17

(D) Iran’s support for the regime of 18

Bashar al-Assad in Syria, including— 19

(i) financial assistance, military equip-20

ment and personnel, and other support 21

provided to that regime; and 22

(ii) support and direction to other 23

armed actors that are not Syrian or Ira-24


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nian and are acting on behalf of that re-1

gime. 2

(c) FORM OF STRATEGY.—The strategy required by 3

subsection (a) shall be submitted in unclassified form but 4

may include a classified annex. 5

SEC. 4. IMPOSITION OF ADDITIONAL SANCTIONS IN RE-6

SPONSE TO IRAN’S BALLISTIC MISSILE PRO-7

GRAM. 8

(a) IN GENERAL.—The President shall impose the 9

sanctions described in subsection (b) with respect to any 10

person that the President determines, on or after the date 11

of the enactment of this Act— 12

(1) has engaged in any activity that has materi-13

ally contributed, or poses a risk of materially con-14

tributing, to the activities of the Government of Iran 15

with respect to its ballistic missile program, or any 16

other program in Iran for developing, deploying, or 17

maintaining systems capable of delivering weapons 18

of mass destruction, including any efforts to manu-19

facture, acquire, possess, develop, transport, trans-20

fer, or use such capabilities; 21

(2) is a successor entity to a person referred to 22

in paragraph (1); 23


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(3) owns or controls, is owned or controlled by, 1

or is under common ownership or control with, a 2

person referred to in paragraph (1); 3

(4) is acting for or on behalf of a person re-4

ferred to in paragraph (1), (2), or (3); or 5

(5) has knowingly provided, or attempted to 6

provide, financial, material, technological, or other 7

support for, or goods or services in support of, a 8

person referred to in paragraph (1), (2), (3), or (4). 9

(b) SANCTIONS DESCRIBED.—The sanctions de-10

scribed in this subsection are the following: 11

(1) BLOCKING OF PROPERTY.—The President 12

shall block, in accordance with the International 13

Emergency Economic Powers Act (50 U.S.C. 1701 14

et seq.), all transactions in all property and interests 15

in property of any person subject to subsection (a) 16

if such property and interests in property are in the 17

United States, come within the United States, or are 18

or come within the possession or control of a United 19

States person. 20

(2) EXCLUSION FROM UNITED STATES.—The 21

Secretary of State shall deny a visa to, and the Sec-22

retary of Homeland Security shall exclude from the 23

United States, any person subject to subsection (a) 24

that is an alien. 25


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(c) PENALTIES.—A person that violates, attempts to 1

violate, conspires to violate, or causes a violation of sub-2

section (b)(1) or any regulation, license, or order issued 3

to carry out that subsection shall be subject to the pen-4

alties set forth in subsections (b) and (c) of section 206 5

of the International Emergency Economic Powers Act (50 6

U.S.C. 1705) to the same extent as a person that commits 7

an unlawful act described in subsection (a) of that section. 8

(d) REPORT ON CONTRIBUTIONS TO IRAN’S BAL-9

LISTIC MISSILE PROGRAM.— 10

(1) IN GENERAL.—Not later than 90 days after 11

the date of the enactment of this Act, and every 180 12

days thereafter, the President shall submit to the 13

appropriate congressional committees a report de-14

scribing each person that— 15

(A) has, during the period specified in 16

paragraph (2), conducted any activity that has 17

materially contributed, or poses a risk of mate-18

rially contributing, to the activities of the Gov-19

ernment of Iran with respect to its ballistic mis-20

sile program, or any other program in Iran for 21

developing, deploying, or maintaining systems 22

capable of delivering weapons of mass destruc-23

tion, including any efforts to manufacture, ac-24


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quire, possess, develop, transport, transfer, or 1

use such capabilities; 2

(B) is a successor entity to a person re-3

ferred to in subparagraph (A); 4

(C) owns or controls, is owned or con-5

trolled by, or is under common ownership or 6

control with, a person referred to in subpara-7

graph (A); 8

(D) is acting for or on behalf of a person 9

referred to in subparagraph (A), (B), or (C); or 10

(E) is known or believed to have provided, 11

or attempted to provide, during the period spec-12

ified in paragraph (2), financial, material, tech-13

nological, or other support for, or goods or serv-14

ices in support of, any material contribution to 15

a program described in subparagraph (A) car-16

ried out by a person described in subparagraph 17

(A), (B), (C), or (D). 18

(2) PERIOD SPECIFIED.—The period specified 19

in this paragraph is— 20

(A) in the case of the first report sub-21

mitted under paragraph (1), the period begin-22

ning on July 14, 2015, and ending on the date 23

the report is submitted; and 24


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(B) in the case of a subsequent such re-1

port, the 180-day period preceding the submis-2

sion of the report. 3

(3) FORM OF REPORT.—Each report required 4

by paragraph (1) shall be submitted in unclassified 5

form but may include a classified annex. 6

SEC. 5. IMPOSITION OF TERRORISM-RELATED SANCTIONS 7

WITH RESPECT TO THE IRGC. 8

(a) FINDINGS.—Congress makes the following find-9

ings: 10

(1) The IRGC is subject to sanctions pursuant 11

to Executive Order 13382 (50 U.S.C. 1701 note; re-12

lating to blocking property of weapons of mass de-13

struction delivery system proliferators and their sup-14

porters), the Comprehensive Iran Sanctions, Ac-15

countability, and Divestment Act of 2010 (22 U.S.C. 16

8501 et seq.), Executive Order 13553 (50 U.S.C. 17

1701 note; relating to blocking property of certain 18

persons with respect to serious human rights abuses 19

by the Government of Iran), and Executive Order 20

13606 (50 U.S.C. 1701 note; relating to blocking 21

the property and suspending entry into the United 22

States of certain persons with respect to grave 23

human rights abuses by the Governments of Iran 24

and Syria via information technology). 25


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(2) The Iranian Revolutionary Guard Corps- 1

Qods Force (in this section referred to as the 2

‘‘IRGC–QF’’) is the primary arm of the Government 3

of Iran for executing its policy of supporting ter-4

rorist and insurgent groups. The IRGC–QF provides 5

material, logistical assistance, training, and financial 6

support to militants and terrorist operatives 7

throughout the Middle East and South Asia and was 8

designated for the imposition of sanctions by the 9

Secretary of the Treasury pursuant to Executive 10

Order 13224 (50 U.S.C. 1701 note; relating to 11

blocking property and prohibiting transactions with 12

persons who commit, threaten to commit, or support 13

terrorism) in October 2007 for its support of ter-14

rorism. 15

(3) The IRGC, not just the IRGC–QF, is re-16

sponsible for implementing Iran’s international pro-17

gram of destabilizing activities, support for acts of 18

international terrorism, and ballistic missile pro-19

gram. 20

(b) IN GENERAL.—Beginning on the date that is 90 21

days after the date of the enactment of this Act, the Presi-22

dent shall impose the sanctions described in subsection (c) 23

with respect to the IRGC and foreign persons that are 24

officials, agents, or affiliates of the IRGC. 25


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(c) SANCTIONS DESCRIBED.—The sanctions de-1

scribed in this subsection are sanctions applicable with re-2

spect to a foreign person pursuant to Executive Order 3

13224 (50 U.S.C. 1701 note; relating to blocking property 4

and prohibiting transactions with persons who commit, 5

threaten to commit, or support terrorism). 6

SEC. 6. IMPOSITION OF ADDITIONAL SANCTIONS WITH RE-7

SPECT TO PERSONS RESPONSIBLE FOR 8

HUMAN RIGHTS ABUSES. 9


date of the enactment of this Act, and annually thereafter, 11

the Secretary of State shall submit to the appropriate con-12

gressional committees a list of each person the Secretary 13

determines, based on credible evidence— 14

(1) has been responsible for extrajudicial 15

killings, torture, or other gross violations of inter-16

nationally recognized human rights committed 17

against individuals in Iran who seek— 18

(A) to expose illegal activity carried out by 19

officials of the Government of Iran; or 20

(B) to obtain, exercise, defend, or promote 21

internationally recognized human rights and 22

freedoms, such as the freedoms of religion, ex-23

pression, association, and assembly, and the 24


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rights to a fair trial and democratic elections; 1

and 2

(2) has acted as an agent of or on behalf of a 3

foreign person in a matter relating to an activity de-4

scribed in paragraph (1). 5

(b) SANCTIONS DESCRIBED.— 6

(1) IN GENERAL.—The President may, in ac-7

cordance with the International Emergency Eco-8

nomic Powers Act (50 U.S.C. 1701 et seq.), block 9

all transactions in all property and interests in prop-10

erty of a person on the list required by subsection 11

(a) if such property and interests in property are in 12

the United States, come within the United States, or 13

are or come within the possession or control of a 14

United States person. 15

(2) PENALTIES.—A person that violates, at-16

tempts to violate, conspires to violate, or causes a 17

violation of paragraph (1) or any regulation, license, 18

or order issued to carry out paragraph (1) shall be 19

subject to the penalties set forth in subsections (b) 20

and (c) of section 206 of the International Emer-21

gency Economic Powers Act (50 U.S.C. 1705) to the 22

same extent as a person that commits an unlawful 23

act described in subsection (a) of that section. 24


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SEC. 7. ENFORCEMENT OF ARMS EMBARGOS. 1

(a) IN GENERAL.—Except as provided in subsection 2

(d), the President shall impose the sanctions described in 3

subsection (b) with respect to any person that— 4

(1) engages in any activity that materially con-5

tributes to the supply, sale, or transfer directly or 6

indirectly to or from Iran, or for the use in or ben-7

efit of Iran, of any battle tanks, armored combat ve-8

hicles, large caliber artillery systems, combat air-9

craft, attack helicopters, warships, missiles or mis-10

sile systems, as defined for the purpose of the 11

United Nations Register of Conventional Arms, or 12

related materiel, including spare parts; or 13

(2) provides to Iran any technical training, fi-14

nancial resources or services, advice, other services 15

or assistance related to the supply, sale, transfer, 16

manufacture, maintenance, or use of arms and re-17

lated materiel described in paragraph (1). 18




Emergency Economic Powers Act (50 U.S.C. 1701 22

et seq.), all transactions in all property and interests 23

in property of any person subject to subsection (a) 24

if such property and interests in property are in the 25



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States person. 2





that is an alien. 7



section (b)(1) or any regulation, license, or order issued 10

to carry out that subsection shall be subject to the pen-11

alties set forth in subsections (b) and (c) of section 206 12

of the International Emergency Economic Powers Act (50 13

U.S.C. 1705) to the same extent as a person that commits 14

an unlawful act described in subsection (a) of that section. 15

(d) EXCEPTION.—The President is not required to 16

impose sanctions under subsection (a) with respect to a 17

person for engaging in an activity described in that sub-18

section if the President certifies to the appropriate con-19

gressional committees that— 20

(1) permitting the activity is in the national se-21

curity interest of the United States; 22

(2) Iran no longer presents a significant threat 23

to the national security of the United States and to 24

the allies of the United States; and 25


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(3) the Government of Iran has ceased pro-1

viding operational or financial support for acts of 2

international terrorism and no longer satisfies the 3

requirements for designation as a state sponsor of 4

terrorism. 5

(e) STATE SPONSOR OF TERRORISM DEFINED.—In 6

this section, the term ‘‘state sponsor of terrorism’’ means 7

a country the government of which the Secretary of State 8

has determined to be a government that has repeatedly 9

provided support for acts of international terrorism for 10

purposes of— 11

(1) section 6(j)(1)(A) of the Export Administra-12

tion Act of 1979 (50 U.S.C. 4605(j)(1)(A)) (as con-13

tinued in effect pursuant to the International Emer-14

gency Economic Powers Act (50 U.S.C. 1701 et 15

seq.)); 16

(2) section 620A(a) of the Foreign Assistance 17

Act of 1961 (22 U.S.C. 2371(a)); 18

(3) section 40(d) of the Arms Export Control 19

Act (22 U.S.C. 2780(d)); or 20

(4) any other provision of law. 21

SEC. 8. CONTINUATION IN EFFECT OF SANCTIONS FOR IRA-22

NIAN SUPPORT RELATING TO TERRORISM. 23

(a) IN GENERAL.—United States sanctions imposed 24

with respect to a person under Executive Order 13382 (50 25


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U.S.C. 1701 note; relating to blocking property of weap-1

ons of mass destruction delivery system proliferators and 2

their supporters) or Executive Order 13224 (50 U.S.C. 3

1701 note; relating to blocking property and prohibiting 4

transactions with persons who commit, threaten to com-5

mit, or support terrorism), and imposed as a result of ac-6

tivities described in subsection (b), that are in effect on 7

the day before the date of the enactment of this Act, shall 8

remain in effect until the date that is 90 days after the 9

date on which the President submits to the appropriate 10

congressional committees the certification described in 11

subsection (c) with respect to the person. 12

(b) ACTIVITIES DESCRIBED.—An activity described 13

in this subsection is— 14

(1) any activity that materially contributes to 15

the activities of the Government of Iran with respect 16

to its ballistic missile program; or 17

(2) support by the Government of Iran for acts 18

of international terrorism. 19

(c) CERTIFICATION.— 20

(1) IN GENERAL.—A certification described in 21

this subsection is a certification that the person with 22

respect to which sanctions were imposed under Exec-23

utive Order 13382 or Executive Order 13224 has 24

not, during the 3-month period immediately pre-25


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ceding the date of the certification, provided support 1

for or otherwise facilitated or engaged in any activ-2

ity described in subsection (b). 3

(2) SUBMISSION TO CONGRESS.— 4

(A) IN GENERAL.—The President shall 5

submit the certification described in paragraph 6

(1) to the appropriate congressional committees 7

in writing and shall include a detailed justifica-8

tion for the certification. 9

(B) FORM OF CERTIFICATION.—The cer-10

tification described in paragraph (1) shall be 11

submitted in unclassified form but may include 12

a classified annex. 13

(d) REIMPOSITION.—If sanctions are suspended with 14

respect to a person under this section, such sanctions shall 15

be reinstated if the President determines that the person 16

has resumed any activity described in subsection (b). 17

SEC. 9. REPORT ON COORDINATION OF SANCTIONS BE-18

TWEEN THE UNITED STATES AND THE EURO-19

PEAN UNION. 20


date of the enactment of this Act, and every 180 days 22

thereafter, the President shall submit to the appropriate 23

congressional committees a report that includes the fol-24

lowing: 25


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(1) A description of each instance, during the 1

period specified in subsection (b)— 2

(A) in which the United States has im-3

posed sanctions with respect to a person for ac-4

tivity related to the proliferation of weapons of 5

mass destruction or delivery systems for such 6

weapons to or by Iran, support for acts of inter-7

national terrorism by Iran, or human rights 8

abuses in Iran, but in which the European 9

Union has not imposed corresponding sanctions; 10

and 11

(B) in which the European Union has im-12






abuses in Iran, but in which the United States 18

has not imposed corresponding sanctions. 19

(2) An explanation for the reason for each dis-20

crepancy between sanctions imposed by the Euro-21

pean Union and sanctions imposed by the United 22

States described in subparagraphs (A) and (B) of 23

paragraph (1). 24


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(b) PERIOD SPECIFIED.—The period specified in this 1

subsection is— 2

(1) in the case of the first report submitted 3

under subsection (a), the period beginning on Sep-4

tember 1, 2009, and ending on the date the report 5

is submitted; and 6

(2) in the case of a subsequent such report, the 7

180-day period preceding the submission of the re-8

port. 9

(c) FORM OF REPORT.—The report required by sub-10

section (a) shall be submitted in unclassified form but may 11

include a classified annex. 12

SEC. 10. REPORT ON UNITED STATES CITIZENS DETAINED 13

BY IRAN. 14


date of the enactment of this Act, and every 180 days 16

thereafter, the President shall submit to the appropriate 17

congressional committees a report on United States citi-18

zens, including United States citizens who are also citizens 19

of other countries, detained by Iran or groups supported 20

by Iran that includes— 21

(1) information regarding any officials of the 22

Government of Iran involved in any way in the de-23

tentions; and 24


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(2) a summary of efforts the United States 1

Government has taken to secure the swift release of 2

those United States citizens. 3

(b) FORM OF REPORT.—The report required by sub-4

section (a) shall be submitted in unclassified form, but 5


SEC. 11. EXCEPTIONS FOR NATIONAL SECURITY AND HU-7

MANITARIAN ASSISTANCE; RULE OF CON-8

STRUCTION. 9

(a) IN GENERAL.—The following activities shall be 10

exempt from sanctions under sections 4, 5, 6, and 7: 11

(1) Any activity subject to the reporting re-12

quirements under title V of the National Security 13

Act of 1947 (50 U.S.C. 3091 et seq.), or to any au-14

thorized intelligence activities of the United States. 15

(2) The admission of an alien to the United 16

States if such admission is necessary to comply with 17

United States obligations under the Agreement be-18

tween the United Nations and the United States of 19

America regarding the Headquarters of the United 20

Nations, signed at Lake Success June 26, 1947, and 21

entered into force November 21, 1947, or under the 22

Convention on Consular Relations, done at Vienna 23

April 24, 1963, and entered into force March 19, 24

1967. 25


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(3) The conduct or facilitation of a transaction 1

for the sale of agricultural commodities, food, medi-2

cine, or medical devices to Iran or for the provision 3

of humanitarian assistance to the people of Iran, in-4

cluding engaging in a financial transaction relating 5

to humanitarian assistance or for humanitarian pur-6

poses, transporting goods or services that are nec-7

essary to carry out operations relating to humani-8

tarian assistance or humanitarian purposes, and 9

having merely incidental contact, in the course of 10

providing humanitarian assistance or aid for human-11

itarian purposes, with individuals who are under the 12

control of a foreign person subject to sanctions 13

under this Act. 14

(b) DEFINITIONS.—In this section: 15

(1) AGRICULTURAL COMMODITY.—The term 16

‘‘agricultural commodity’’ has the meaning given 17

that term in section 102 of the Agricultural Trade 18

Act of 1978 (7 U.S.C. 5602). 19

(2) MEDICAL DEVICE.—The term ‘‘medical de-20

vice’’ has the meaning given the term ‘‘device’’ in 21

section 201 of the Federal Food, Drug, and Cos-22

metic Act (21 U.S.C. 321). 23

(3) MEDICINE.—The term ‘‘medicine’’ has the 24

meaning given the term ‘‘drug’’ in section 201 of the 25


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Federal Food, Drug, and Cosmetic Act (21 U.S.C. 1

321). 2

(c) RULE OF CONSTRUCTION.—Nothing in this Act 3

shall be construed to limit the authority of the President 4

to designate persons for the imposition of sanctions pursu-5

ant to the International Emergency Economic Powers Act 6

(50 U.S.C. 1701 et seq.). 7

SEC. 12. PRESIDENTIAL WAIVER AUTHORITY. 8

(a) CASE-BY-CASE WAIVER AUTHORITY.— 9

(1) IN GENERAL.—The President may waive, 10

on a case-by-case basis and for a period of not more 11

than 180 days, a requirement under section 4, 5, 6, 12

7, or 8 to impose or maintain sanctions with respect 13

to a person, and may waive the continued imposition 14

of such sanctions, not less than 30 days after the 15

President determines and reports to the appropriate 16

congressional committees that it is vital to the na-17

tional security interests of the United States to 18

waive such sanctions. 19

(2) RENEWAL OF WAIVERS.—The President 20

may, on a case-by-case basis, renew a waiver under 21

paragraph (1) for an additional period of not more 22

than 180 days if, not later than 15 days before that 23

waiver expires, the President makes the determina-24


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tion and submits to the appropriate congressional 1

committees a report described in paragraph (1). 2

(3) SUCCESSIVE RENEWAL.—The renewal au-3

thority provided under paragraph (2) may be exer-4

cised for additional successive periods of not more 5

than 180 days if the President follows the proce-6

dures set forth in paragraph (2), and submits the 7

report described in paragraph (1), for each such re-8

newal. 9

(b) CONTENTS OF WAIVER REPORTS.—Each report 10

submitted under subsection (a) in connection with a waiv-11

er of sanctions under section 4, 5, 6, 7, or 8 with respect 12

to a person, or the renewal of such a waiver, shall in-13

clude— 14

(1) a specific and detailed rationale for the de-15

termination that the waiver is vital to the national 16

security interests of the United States; 17

(2) a description of the activity that resulted in 18

the person being subject to sanctions; 19

(3) an explanation of the efforts made by the 20

United States to secure the cooperation of the gov-21

ernment with primary jurisdiction over the person or 22

the location where the activity described in para-23

graph (2) occurred in terminating or, as appro-24

priate, penalizing the activity; and 25


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(4) an assessment of the significance of the ac-1

tivity described in paragraph (2) in contributing to 2

the ability of Iran to threaten the interests of the 3

United States or allies of the United States, develop 4

systems capable of delivering weapons of mass de-5

struction, support acts of international terrorism, or 6

violate the human rights of any person in Iran. 7

(c) EFFECT OF REPORT ON WAIVER.—If the Presi-8

dent submits a report under subsection (a) in connection 9

with a waiver of sanctions under section 4, 5, 6, 7, or 10

8 with respect to a person, or the renewal of such a waiver, 11

the President shall not be required to impose or maintain 12

sanctions under section 4, 5, 6, 7, or 8, as applicable, with 13

respect to the person described in the report during the 14

30-day period referred to in subsection (a). 15

SECTION 1. SHORT TITLE; TABLE OF CONTENTS. 16

(a) SHORT TITLE.—This Act may be cited as the 17

‘‘Countering Iran’s Destabilizing Activities Act of 2017’’. 18

(b) TABLE OF CONTENTS.—The table of contents for 19

this Act is as follows: 20

Sec. 1. Short title; table of contents.

Sec. 2. Definitions.

Sec. 3. Regional strategy for countering conventional and asymmetric Iranian

threats in the Middle East and North Africa.

Sec. 4. Imposition of additional sanctions in response to Iran’s ballistic missile

program.

Sec. 5. Imposition of terrorism-related sanctions with respect to the IRGC.

Sec. 6. Imposition of additional sanctions with respect to persons responsible for

human rights abuses.

Sec. 7. Enforcement of arms embargos.

Sec. 8. Review of applicability of sanctions relating to Iran’s support for ter-

rorism and its ballistic missile program.


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Sec. 9. Report on coordination of sanctions between the United States and the

European Union.

Sec. 10. Report on United States citizens detained by Iran.

Sec. 11. Exceptions for national security and humanitarian assistance; rule of

construction.

Sec. 12. Presidential waiver authority.

SEC. 2. DEFINITIONS. 1

In this Act: 2

(1) ACT OF INTERNATIONAL TERRORISM.—The 3

term ‘‘act of international terrorism’’ has the mean-4

ing given that term in section 14 of the Iran Sanc-5

tions Act of 1996 (Public Law 104–172; 50 U.S.C. 6

1701 note). 7

(2) APPROPRIATE CONGRESSIONAL COMMIT-8

TEES.—The term ‘‘appropriate congressional commit-9

tees’’ has the meaning given that term in section 14 10

of the Iran Sanctions Act of 1996 (Public Law 104– 11

172; 50 U.S.C. 1701 note). 12

(3) FOREIGN PERSON.—The term ‘‘foreign per-13

son’’ means a person that is not a United States per-14

son. 15

(4) IRANIAN PERSON.—The term ‘‘Iranian per-16

son’’ means— 17

(A) an individual who is a citizen or na-18

tional of Iran; or 19


Iran or otherwise subject to the jurisdiction of 21

the Government of Iran. 22


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(5) IRGC.—The term ‘‘IRGC’’ means Iran’s Is-1

lamic Revolutionary Guard Corps. 2

(6) KNOWINGLY.—The term ‘‘knowingly’’ has the 3

meaning given that term in section 14 of the Iran 4

Sanctions Act of 1996 (Public Law 104–172; 50 5

U.S.C. 1701 note). 6

(7) UNITED STATES PERSON.—The term ‘‘United 7

States person’’ means— 8

(A) a United States citizen or an alien law-9

fully admitted for permanent residence to the 10

United States; or 11


the United States or of any jurisdiction within 13

the United States, including a foreign branch of 14

such an entity. 15

SEC. 3. REGIONAL STRATEGY FOR COUNTERING CONVEN-16

TIONAL AND ASYMMETRIC IRANIAN THREATS 17

IN THE MIDDLE EAST AND NORTH AFRICA. 18


date of the enactment of this Act, and every 2 years there-20

after, the Secretary of State, the Secretary of Defense, the 21

Secretary of the Treasury, and the Director of National In-22

telligence shall jointly develop and submit to the appro-23

priate congressional committees a strategy for deterring 24

conventional and asymmetric Iranian activities and threats 25


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that directly threaten the United States and key allies in 1

the Middle East, North Africa, and beyond. 2

(b) ELEMENTS.—The strategy required by subsection 3

(a) shall include at a minimum the following: 4

(1) A summary of the near- and long-term 5

United States objectives, plans, and means for coun-6

tering Iran’s destabilizing activities, including identi-7

fication of countries that share the objective of coun-8

tering Iran’s destabilizing activities. 9

(2) A summary of the capabilities and contribu-10

tions of individual countries to shared efforts to 11

counter Iran’s destabilizing activities, and a sum-12

mary of additional actions or contributions that each 13

country could take to further contribute. 14

(3) An assessment of Iran’s conventional force 15

capabilities and an assessment of Iran’s plans to up-16

grade its conventional force capabilities, including its 17

acquisition, development, and deployment of ballistic 18

and cruise missile capabilities, unmanned aerial ve-19

hicles, and maritime offensive and anti-access or area 20

denial capabilities. 21

(4) An assessment of Iran’s chemical and biologi-22

cal weapons capabilities and an assessment of Ira-23

nian plans to upgrade its chemical or biological 24

weapons capabilities. 25


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(5) An assessment of Iran’s asymmetric activi-1

ties in the region, including— 2

(A) the size, capabilities, and activities of 3

the IRGC, including the Quds Force; 4

(B) the size, capabilities, and activities of 5

Iran’s cyber operations; 6

(C) the types and amount of support, in-7

cluding funding, lethal and nonlethal contribu-8

tions, and training, provided to Hezbollah, 9

Hamas, special groups in Iraq, the regime of 10

Bashar al-Assad in Syria, Houthi fighters in 11

Yemen, and other violent groups across the Mid-12

dle East; and 13

(D) the scope and objectives of Iran’s infor-14

mation operations and use of propaganda. 15

(6) A summary of United States actions, unilat-16

erally and in cooperation with foreign governments, 17

to counter destabilizing Iranian activities, includ-18

ing— 19

(A) interdiction of Iranian lethal arms 20

bound for groups designated as foreign terrorist 21

organizations under section 219 of the Immigra-22

tion and Nationality Act (8 U.S.C. 1189); 23

(B) Iran’s interference in international 24

commercial shipping lanes; 25


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(C) attempts by Iran to undermine or sub-1

vert internationally recognized governments in 2

the Middle East region; and 3

(D) Iran’s support for the regime of Bashar 4

al-Assad in Syria, including— 5

(i) financial assistance, military 6

equipment and personnel, and other support 7

provided to that regime; and 8

(ii) support and direction to other 9

armed actors that are not Syrian or Ira-10

nian and are acting on behalf of that re-11

gime. 12

(c) FORM OF STRATEGY.—The strategy required by 13

subsection (a) shall be submitted in unclassified form but 14


SEC. 4. IMPOSITION OF ADDITIONAL SANCTIONS IN RE-16

SPONSE TO IRAN’S BALLISTIC MISSILE PRO-17

GRAM. 18

(a) SENSE OF CONGRESS.—It is the sense of Congress 19

that the Secretary of the Treasury and the Secretary of 20

State should continue to implement Executive Order 13382 21

(50 U.S.C. 1701 note; relating to blocking property of weap-22

ons of mass destruction delivery system proliferators and 23

their supporters). 24


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(b) IMPOSITION OF SANCTIONS.—The President shall 1

impose the sanctions described in subsection (c) with respect 2

to any person that the President determines, on or after 3

the date of the enactment of this Act— 4

(1) knowingly engages in any activity that mate-5

rially contributes to the activities of the Government 6

of Iran with respect to its ballistic missile program, 7

or any other program in Iran for developing, deploy-8

ing, or maintaining systems capable of delivering 9

weapons of mass destruction, including any efforts to 10

manufacture, acquire, possess, develop, transport, 11

transfer, or use such capabilities; 12

(2) is a successor entity to a person referred to 13

in paragraph (1); 14

(3) owns or controls or is owned or controlled by 15

a person referred to in paragraph (1); 16

(4) forms an entity with the purpose of evading 17

sanctions that would otherwise be imposed pursuant 18

to paragraph (3); 19

(5) is acting for or on behalf of a person referred 20

to in paragraph (1), (2), (3), or (4); or 21

(6) knowingly provides or attempts to provide fi-22

nancial, material, technological, or other support for, 23

or goods or services in support of, a person referred 24

to in paragraph (1), (2), (3), (4) or (5). 25


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(c) SANCTIONS DESCRIBED.—The sanctions described 1

in this subsection are the following: 2



Emergency Economic Powers Act (50 U.S.C. 1701 et 5

seq.), all transactions in all property and interests in 6

property of any person subject to subsection (a) if 7

such property and interests in property are in the 8



States person. 11






(d) PENALTIES.—A person that violates, attempts to 17


section (c)(1) or any regulation, license, or order issued to 19

carry out that subsection shall be subject to the penalties 20

set forth in subsections (b) and (c) of section 206 of the 21

International Emergency Economic Powers Act (50 U.S.C. 22

1705) to the same extent as a person that commits an un-23

lawful act described in subsection (a) of that section. 24


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(e) REPORT ON CONTRIBUTIONS TO IRAN’S BALLISTIC 1

MISSILE PROGRAM.— 2

(1) IN GENERAL.—Not later than 180 days after 3

the date of the enactment of this Act, and every 180 4

days thereafter, the President shall submit to the ap-5

propriate congressional committees a report describ-6

ing each person that— 7

(A) has, during the period specified in 8

paragraph (2), conducted any activity that has 9

materially contributed to the activities of the 10

Government of Iran with respect to its ballistic 11

missile program, or any other program in Iran 12

for developing, deploying, or maintaining sys-13

tems capable of delivering weapons of mass de-14

struction, including any efforts to manufacture, 15

acquire, possess, develop, transport, transfer, or 16

use such capabilities; 17

(B) is a successor entity to a person referred 18

to in subparagraph (A); 19

(C) owns or controls or is owned or con-20

trolled by a person referred to in subparagraph 21

(A); 22

(D) forms an entity with the purpose of 23

evading sanctions that could be imposed as a re-24


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sult of a relationship described in subparagraph 1

(C); 2

(E) is acting for or on behalf of a person re-3

ferred to in subparagraph (A), (B), (C), or (D); 4

or 5

(F) is known or believed to have provided, 6

or attempted to provide, during the period speci-7

fied in paragraph (2), financial, material, tech-8

nological, or other support for, or goods or serv-9

ices in support of, any material contribution to 10

a program described in subparagraph (A) car-11

ried out by a person described in subparagraph 12

(A), (B), (C), (D), or (E). 13

(2) PERIOD SPECIFIED.—The period specified in 14

this paragraph is— 15

(A) in the case of the first report submitted 16

under paragraph (1), the period beginning Jan-17

uary 1, 2016, and ending on the date the report 18

is submitted; and 19

(B) in the case of a subsequent such report, 20

the 180-day period preceding the submission of 21

the report. 22

(3) FORM OF REPORT.—Each report required by 23

paragraph (1) shall be submitted in unclassified form 24

but may include a classified annex. 25


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SEC. 5. IMPOSITION OF TERRORISM-RELATED SANCTIONS 1

WITH RESPECT TO THE IRGC. 2

(a) FINDINGS.—Congress makes the following findings: 3

(1) The IRGC is subject to sanctions pursuant to 4

Executive Order 13382 (50 U.S.C. 1701 note; relating 5

to blocking property of weapons of mass destruction 6

delivery system proliferators and their supporters), 7

the Comprehensive Iran Sanctions, Accountability, 8

and Divestment Act of 2010 (22 U.S.C. 8501 et seq.), 9

Executive Order 13553 (50 U.S.C. 1701 note; relating 10

to blocking property of certain persons with respect to 11

serious human rights abuses by the Government of 12

Iran), and Executive Order 13606 (50 U.S.C. 1701 13

note; relating to blocking the property and suspending 14

entry into the United States of certain persons with 15

respect to grave human rights abuses by the Govern-16

ments of Iran and Syria via information technology). 17

(2) The Iranian Revolutionary Guard Corps– 18

Quds Force (in this section referred to as the ‘‘IRGC– 19

QF’’) is the primary arm of the Government of Iran 20

for executing its policy of supporting terrorist and in-21

surgent groups. The IRGC–QF provides material, 22

logistical assistance, training, and financial support 23

to militants and terrorist operatives throughout the 24

Middle East and South Asia and was designated for 25

the imposition of sanctions by the Secretary of Treas-26


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ury pursuant to Executive Order 13224 (50 U.S.C. 1

1701 note; relating to blocking property and prohib-2

iting transactions with persons who commit, threaten 3

to commit, or support terrorism) in October 2007 for 4

its support of terrorism. 5

(3) The IRGC, not just the IRGC–QF, is respon-6

sible for implementing Iran’s international program 7

of destabilizing activities, support for acts of inter-8

national terrorism, and ballistic missile program. 9

(b) IN GENERAL.—Beginning on the date that is 90 10

days after the date of the enactment of this Act, the Presi-11

dent shall impose the sanctions described in subsection (c) 12

with respect to the IRGC and foreign persons that are offi-13

cials, agents, or affiliates of the IRGC. 14

(c) SANCTIONS DESCRIBED.—The sanctions described 15

in this subsection are sanctions applicable with respect to 16

a foreign person pursuant to Executive Order 13224 (50 17

U.S.C. 1701 note; relating to blocking property and prohib-18

iting transactions with persons who commit, threaten to 19

commit, or support terrorism). 20

SEC. 6. IMPOSITION OF ADDITIONAL SANCTIONS WITH RE-21

SPECT TO PERSONS RESPONSIBLE FOR 22

HUMAN RIGHTS ABUSES. 23


date of the enactment of this Act, and annually thereafter, 25


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the Secretary of State shall submit to the appropriate con-1

gressional committees a list of each person the Secretary 2

determines, based on credible evidence, on or after the date 3

of the enactment of this Act— 4

(1) is responsible for extrajudicial killings, tor-5

ture, or other gross violations of internationally recog-6

nized human rights committed against individuals in 7

Iran who seek— 8

(A) to expose illegal activity carried out by 9

officials of the Government of Iran; or 10

(B) to obtain, exercise, defend, or promote 11

internationally recognized human rights and 12

freedoms, such as the freedoms of religion, expres-13

sion, association, and assembly, and the rights to 14

a fair trial and democratic elections; or 15

(2) acts as an agent of or on behalf of a foreign 16

person in a matter relating to an activity described 17

in paragraph (1). 18


(1) IN GENERAL.—The President may, in ac-20

cordance with the International Emergency Economic 21

Powers Act (50 U.S.C. 1701 et seq.), block all trans-22

actions in all property and interests in property of 23

a person on the list required by subsection (a) if such 24

property and interests in property are in the United 25


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States, come within the United States, or are or come 1

within the possession or control of a United States 2

person. 3

(2) PENALTIES.—A person that violates, at-4

tempts to violate, conspires to violate, or causes a vio-5

lation of paragraph (1) or any regulation, license, or 6

order issued to carry out paragraph (1) shall be sub-7

ject to the penalties set forth in subsections (b) and 8

(c) of section 206 of the International Emergency 9

Economic Powers Act (50 U.S.C. 1705) to the same 10

extent as a person that commits an unlawful act de-11

scribed in subsection (a) of that section. 12

SEC. 7. ENFORCEMENT OF ARMS EMBARGOS. 13

(a) IN GENERAL.—Except as provided in subsection 14

(d), the President shall impose the sanctions described in 15

subsection (b) with respect to any person that the President 16

determines— 17

(1) knowingly engages in any activity that mate-18

rially contributes to the supply, sale, or transfer di-19

rectly or indirectly to or from Iran, or for the use in 20

or benefit of Iran, of any battle tanks, armored com-21

bat vehicles, large caliber artillery systems, combat 22

aircraft, attack helicopters, warships, missiles or mis-23

sile systems, as defined for the purpose of the United 24


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Nations Register of Conventional Arms, or related 1

materiel, including spare parts; or 2

(2) knowingly provides to Iran any technical 3

training, financial resources or services, advice, other 4

services or assistance related to the supply, sale, 5

transfer, manufacture, maintenance, or use of arms 6

and related materiel described in paragraph (1). 7




Emergency Economic Powers Act (50 U.S.C. 1701 et 11

seq.), all transactions in all property and interests in 12

property of any person subject to subsection (a) if 13

such property and interests in property are in the 14



States person. 17








section (b)(1) or any regulation, license, or order issued to 25


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carry out that subsection shall be subject to the penalties 1

set forth in subsections (b) and (c) of section 206 of the 2


1705) to the same extent as a person that commits an un-4

lawful act described in subsection (a) of that section. 5

(d) EXCEPTION.—The President is not required to im-6

pose sanctions under subsection (a) with respect to a person 7

for engaging in an activity described in that subsection if 8

the President certifies to the appropriate congressional com-9

mittees that— 10

(1) permitting the activity is in the national se-11

curity interest of the United States; 12

(2) Iran no longer presents a significant threat 13

to the national security of the United States and to 14

the allies of the United States; and 15

(3) the Government of Iran has ceased providing 16

operational or financial support for acts of inter-17

national terrorism and no longer satisfies the require-18

ments for designation as a state sponsor of terrorism. 19

(e) STATE SPONSOR OF TERRORISM DEFINED.—In 20

this section, the term ‘‘state sponsor of terrorism’’ means 21

a country the government of which the Secretary of State 22

has determined to be a government that has repeatedly pro-23

vided support for acts of international terrorism for pur-24

poses of— 25


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(1) section 6(j)(1)(A) of the Export Administra-1

tion Act of 1979 (50 U.S.C. 4605(j)(1)(A)) (as contin-2

ued in effect pursuant to the International Emergency 3

Economic Powers Act (50 U.S.C. 1701 et seq.)); 4

(2) section 620A(a) of the Foreign Assistance Act 5

of 1961 (22 U.S.C. 2371(a)); 6

(3) section 40(d) of the Arms Export Control Act 7

(22 U.S.C. 2780(d)); or 8

(4) any other provision of law. 9

SEC. 8. REVIEW OF APPLICABILITY OF SANCTIONS RELAT-10

ING TO IRAN’S SUPPORT FOR TERRORISM 11

AND ITS BALLISTIC MISSILE PROGRAM. 12

(a) IN GENERAL.—Not later than 5 years after the 13

date of the enactment of this Act, the President shall conduct 14

a review of all persons on the list of specially designated 15

nationals and blocked persons maintained by the Office of 16

Foreign Assets Control of the Department of the Treasury 17

for activities relating to Iran— 18

(1) to assess the conduct of such persons as that 19

conduct relates to— 20

(A) any activity that materially contributes 21

to the activities of the Government of Iran with 22

respect to its ballistic missile program; or 23

(B) support by the Government of Iran for 24

acts of international terrorism; and 25


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(2) to determine the applicability of sanctions 1

with respect to such persons under— 2

(A) Executive Order 13382 (50 U.S.C. 1701 3

note; relating to blocking property of weapons of 4

mass destruction delivery system proliferators 5

and their supporters); or 6

(B) Executive Order 13224 (50 U.S.C. 1701 7

note; relating to blocking property and prohib-8

iting transactions with persons who commit, 9

threaten to commit, or support terrorism). 10

(b) IMPLEMENTATION OF SANCTIONS.—If the Presi-11

dent determines under subsection (a) that sanctions under 12

an Executive Order specified in paragraph (2) of that sub-13

section are applicable with respect to a person, the Presi-14

dent shall— 15

(1) impose sanctions with respect to that person 16

pursuant to that Executive Order; or 17

(2) exercise the waiver authority provided under 18

section 12. 19

SEC. 9. REPORT ON COORDINATION OF SANCTIONS BE-20

TWEEN THE UNITED STATES AND THE EURO-21

PEAN UNION. 22


date of the enactment of this Act, and every 180 days there-24


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after, the President shall submit to the appropriate congres-1

sional committees a report that includes the following: 2

(1) A description of each instance, during the pe-3

riod specified in subsection (b)— 4

(A) in which the United States has imposed 5

sanctions with respect to a person for activity re-6

lated to the proliferation of weapons of mass de-7

struction or delivery systems for such weapons to 8

or by Iran, support for acts of international ter-9

rorism by Iran, or human rights abuses in Iran, 10

but in which the European Union has not im-11

posed corresponding sanctions; and 12

(B) in which the European Union has im-13






abuses in Iran, but in which the United States 19

has not imposed corresponding sanctions. 20

(2) An explanation for the reason for each dis-21

crepancy between sanctions imposed by the European 22

Union and sanctions imposed by the United States 23

described in subparagraphs (A) and (B) of paragraph 24

(1). 25


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(b) PERIOD SPECIFIED.—The period specified in this 1

subsection is— 2

(1) in the case of the first report submitted under 3

subsection (a), the period beginning on the date of the 4

enactment of this Act and ending on the date the re-5

port is submitted; and 6

(2) in the case of a subsequent such report, the 7

180-day period preceding the submission of the re-8

port. 9

(c) FORM OF REPORT.—The report required by sub-10

section (a) shall be submitted in unclassified form but may 11


SEC. 10. REPORT ON UNITED STATES CITIZENS DETAINED 13

BY IRAN. 14


date of the enactment of this Act, and every 180 days there-16

after, the President shall submit to the appropriate congres-17

sional committees a report on United States citizens, in-18

cluding United States citizens who are also citizens of other 19

countries, detained by Iran or groups supported by Iran 20

that includes— 21

(1) information regarding any officials of the 22

Government of Iran involved in any way in the de-23

tentions; and 24


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(2) a summary of efforts the United States Gov-1

ernment has taken to secure the swift release of those 2

United States citizens. 3

(b) FORM OF REPORT.—The report required by sub-4

section (a) shall be submitted in unclassified form, but may 5


SEC. 11. EXCEPTIONS FOR NATIONAL SECURITY AND HU-7

MANITARIAN ASSISTANCE; RULE OF CON-8

STRUCTION. 9

(a) IN GENERAL.—The following activities shall be ex-10

empt from sanctions under sections 4, 5, 6, and 7: 11

(1) Any activity subject to the reporting require-12

ments under title V of the National Security Act of 13

1947 (50 U.S.C. 3091 et seq.), or to any authorized 14

intelligence activities of the United States. 15

(2) The admission of an alien to the United 16

States if such admission is necessary to comply with 17

United States obligations under the Agreement be-18

tween the United Nations and the United States of 19

America regarding the Headquarters of the United 20

Nations, signed at Lake Success June 26, 1947, and 21

entered into force November 21, 1947, or under the 22

Convention on Consular Relations, done at Vienna 23

April 24, 1963, and entered into force March 19, 24


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1967, or other applicable international obligations of 1

the United States. 2

(3) The conduct or facilitation of a transaction 3

for the sale of agricultural commodities, food, medi-4

cine, or medical devices to Iran or for the provision 5

of humanitarian assistance to the people of Iran, in-6

cluding engaging in a financial transaction relating 7

to humanitarian assistance or for humanitarian pur-8

poses or transporting goods or services that are nec-9

essary to carry out operations relating to humani-10

tarian assistance or humanitarian purposes. 11

(b) EXCEPTION RELATING TO IMPORTATION OF 12

GOODS.—A requirement or the authority to block and pro-13

hibit all transactions in all property and interests in prop-14

erty under section 4, 5, 6, 7, or 8 shall not include the au-15

thority to impose sanctions with respect to the importation 16

of goods. 17

(c) IMPLEMENTATION.—The President may exercise all 18

authorities provided under sections 203 and 205 of the 19


1702 and 1704) to carry out this Act. 21

(d) RULE OF CONSTRUCTION.—Nothing in this Act 22

shall be construed to limit the authority of the President 23

under the International Emergency Economic Powers Act 24

(50 U.S.C. 1701 et seq.). 25


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(e) DEFINITIONS.—In this section: 1

(1) AGRICULTURAL COMMODITY.—The term ‘‘ag-2

ricultural commodity’’ has the meaning given that 3

term in section 102 of the Agricultural Trade Act of 4

1978 (7 U.S.C. 5602). 5

(2) GOOD.—The term ‘‘good’’ has the meaning 6

given that term in section 16 of the Export Adminis-7

tration Act of 1979 (50 U.S.C. 4618) (as continued 8

in effect pursuant to the International Emergency 9

Economic Powers Act (50 U.S.C. 1701 et seq.)). 10

(3) MEDICAL DEVICE.—The term ‘‘medical de-11

vice’’ has the meaning given the term ‘‘device’’ in sec-12

tion 201 of the Federal Food, Drug, and Cosmetic Act 13

(21 U.S.C. 321). 14

(4) MEDICINE.—The term ‘‘medicine’’ has the 15

meaning given the term ‘‘drug’’ in section 201 of the 16

Federal Food, Drug, and Cosmetic Act (21 U.S.C. 17

321). 18

SEC. 12. PRESIDENTIAL WAIVER AUTHORITY. 19

(a) CASE-BY-CASE WAIVER AUTHORITY.— 20

(1) IN GENERAL.—The President may waive, on 21

a case-by-case basis and for a period of not more than 22

180 days, a requirement under section 4, 5, 6, 7, or 23

8 to impose or maintain sanctions with respect to a 24

person, and may waive the continued imposition of 25


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such sanctions, not less than 30 days after the Presi-1

dent determines and reports to the appropriate con-2

gressional committees that it is vital to the national 3

security interests of the United States to waive such 4

sanctions. 5

(2) RENEWAL OF WAIVERS.—The President may, 6

on a case-by-case basis, renew a waiver under para-7

graph (1) for an additional period of not more than 8

180 days if, not later than 15 days before that waiver 9

expires, the President makes the determination and 10

submits to the appropriate congressional committees a 11

report described in paragraph (1). 12

(3) SUCCESSIVE RENEWAL.—The renewal au-13

thority provided under paragraph (2) may be exer-14

cised for additional successive periods of not more 15

than 180 days if the President follows the procedures 16

set forth in paragraph (2), and submits the report de-17

scribed in paragraph (1), for each such renewal. 18

(b) CONTENTS OF WAIVER REPORTS.—Each report 19

submitted under subsection (a) in connection with a waiver 20

of sanctions under section 4, 5, 6, 7, or 8 with respect to 21

a person, or the renewal of such a waiver, shall include— 22

(1) a specific and detailed rationale for the de-23

termination that the waiver is vital to the national 24

security interests of the United States; 25


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(2) a description of the activity that resulted in 1

the person being subject to sanctions; 2

(3) an explanation of any efforts made by the 3

United States, as applicable, to secure the cooperation 4

of the government with primary jurisdiction over the 5

person or the location where the activity described in 6

paragraph (2) occurred in terminating or, as appro-7

priate, penalizing the activity; and 8

(4) an assessment of the significance of the activ-9

ity described in paragraph (2) in contributing to the 10

ability of Iran to threaten the interests of the United 11

States or allies of the United States, develop systems 12

capable of delivering weapons of mass destruction, 13

support acts of international terrorism, or violate the 14

human rights of any person in Iran. 15

(c) EFFECT OF REPORT ON WAIVER.—If the President 16

submits a report under subsection (a) in connection with 17

a waiver of sanctions under section 4, 5, 6, 7, or 8 with 18

respect to a person, or the renewal of such a waiver, the 19

President shall not be required to impose or maintain sanc-20

tions under section 4, 5, 6, 7, or 8, as applicable, with re-21

spect to the person described in the report during the 30- 22

day period referred to in subsection (a). 23


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