On 14 December 2011 the U.S. House passed HR 1905 (click here for more info). On 01 August 2012, the U.S. Senate passed their version, now it goes before President Obama to be accepted or rejected.
The bill affects other countries, not just Iran, and even U.S. citizens!
Iran Sanctions, Accountability, and Human Rights Act of 2012
Title I – Expansion of Multilateral Sanctions Regime with Respect to Iran
Section 101 –
Declares that it is U.S. policy to: (1) prevent Iran from acquiring or developing nuclear weapons, ballistic missiles, and advanced conventional weapons; and (2) implement all sanctions against Iran in order to compel Iran to abandon nuclear weapons efforts and to cease support for terrorism.
Section 102 –
Expresses the sense of Congress that the goal of compelling Iran to abandon efforts to acquire a nuclear weapons capability and other threatening activities can be achieved through a policy that includes economic sanctions, diplomacy, and military planning, capabilities and options, and that this objective is consistent with the one stated by President Barack Obama in the 2012 State of the Union Address.
Section 103 –
Urges the President to initiate diplomatic efforts to expand the multilateral sanctions regime regarding Iran.
Section 104 –
Expresses the sense of Congress that: (1) the President should seek to maximize the effects of existing sanctions on Iran, and (2) the United States should take all necessary measures to preserve information-sharing activities.
Title II – Expansion of Sanctions Relating to the Energy Sector of Iran and Proliferation of Weapons of Mass Destruction by Iran
Subtitle A – Expansion of Iran Sanctions Act of 1996
Section 201 –
Amends the Iran Sanctions Act of 1996 to impose specified sanctions on a person that knowingly participates in certain petroleum resource development joint ventures outside of Iran if the Iranian government is a substantial partner or investor in the joint venture, or if Iran could, through such joint venture, receive new technology or equipment that could significantly contribute to its development of petroleum resources in Iran.
Section 202 –
Imposes specified sanctions on a person that knowingly sells, leases, or provides to Iran certain petroleum and infrastructure development-related resources goods, services, technology, or support:
(1) any of which has a fair market value of $1 million or more; or
(2) that, during a 12-month period, have an aggregate fair market value of $5 million or more.
Imposes specified sanctions on a person knowingly selling, leasing, or providing to Iran certain petrochemical development-related goods, services, technology, or support:
(1) any of which has a fair market value of $250,000 or more; or
(2) that, during a 12-month period, have an aggregate fair market value of $1 million or more.
Section 203 –
Imposes specified sanctions on a person knowingly participating in certain joint ventures with Iran’s government, Iranian entities, or persons acting for or on behalf of Iran in the mining, production, or transportation of uranium. Exempts a person from sanctions if the person withdraws from such joint ventures within 180 days after enactment of this Act.
Section 204 –
Authorizes the President to: (1) direct the Secretary of State to exclude from the United States an alien who is a corporate officer, principal, or controlling shareholder in a sanctioned firm; and (2) impose sanctions against the principal executive officer or other principal executive officers of a sanctioned firm.
Subtitle B – Additional Measures Relating to Sanctions Against Iran
Section 211 –
Directs the President to block the property and property interests in the United States or under the control of a U.S. person of a person that knowingly provides ships, insurance or reinsurance, or other shipping services for transportation of goods that materially contribute to Iran’s proliferation of weapons of mass destruction (WMD) program or its terrorism-related activities. Authorizes the President to waive such provisions if in the U.S. national security interest.
Section 212 –
Amends the Comprehensive Iran Sanctions, Accountability, and Divestment Act of 2010 to impose sanctions on entities controlled or owned by a person sanctioned by U.N. Security Council resolutions regarding Iran.
Section 213 –
Prohibits an entity owned or controlled by a U.S. person and established or maintained outside the United States from engaging in any transaction with Iran or a person under Iran’s jurisdiction that would be prohibited if the transaction were engaged in by a U.S. person or in the United States. Imposes specified civil penalties for violations of such prohibition.
Exempts a person from such provisions if the person divests or terminates its business with the entity within 180 days after enactment of this Act.
Section 214 –
Amends the Securities Exchange Act of 1934 to require securities issuers to disclose in detail in their mandatory annual or quarterly reports to the Securities and Exchange Commission (SEC) whether they or their affiliates have:
(1) engaged in certain activities relating to Iran, terrorism, and the proliferation of weapons of mass destruction;
(2) knowingly engaged in specified activities, or knowingly violated certain regulations prescribed under the Comprehensive Iran Sanctions, Accountability, and Divestment Act of 2010;
(3) knowingly conducted any transaction or dealing with a person whose property and interests in property are blocked by certain Executive Orders; or
(4) knowingly conducted a transaction or dealing with any person listed in the Iranian Transactions Regulations. Requires:
(1) an issuer to disclose in a separate SEC filing that any such activity has been included in an annual or quarterly report,
(2) the SEC to transit the report to the President and Congress, and
(3) the President to initiate an investigation into the possible imposition of sanctions.
Section 215 –
Directs the President to publish a list of senior Iranian officials (and family members) involved in Iran’s:
(1) illicit nuclear activities or WMD proliferation,
(2) support for international terrorism, or
(3) human rights abuses against Iranian citizens.
Prohibits such persons from being granted U.S. immigration status or admitted into the United States, except pursuant to the United Nations Headquarters Agreement. Authorizes the President to waive such provisions if in the U.S. national interest.
Section 216 –
Expresses the sense of Congress that the loss of access by sanctioned Iranian financial institutions to specialized financial messaging services must be maintained.
Requires the Secretary of the Treasury to report to Congress regarding persons that provide specialized financial communications services to the Central Bank of Iran or other sanctioned financial institutions and efforts by the Secretary to terminate such services.
Authorizes the President to impose specified sanctions against a person providing or facilitating such services.
Section 217 –
Sets forth reporting requirements regarding: (1) foreign entities investing in Iran’s energy sector; and (2) petroleum imports to, and exports from, Iran.
Title III – Sanctions with Respect to Iran’s Revolutionary Guard Corps
Subtitle A – Identification of, and Sanctions with Respect to, Officials, Agents, Affiliates, and Supporters of Iran’s Revolutionary Guard Corps and Other Sanctioned Persons
Section 301 –
Directs the President to identify and designate for sanctions, exclusion from the United States, and freezing of assets officials, affiliates, and agents of Iran’s Islamic Revolutionary Guard Corps (IRGC) that are not already designated for the imposition of sanctions pursuant to the International Emergency Economic Powers Act. Requires investigative priority for foreign persons:
(1) identified with the government of Iran; and
(2) who have conducted transactions with Iran relating to petroleum, petrochemicals, energy resources, finances, nuclear, chemical or ballistic weapons, or sensitive technologies.
Section 302 –
Directs the President to identify and impose specified mandatory and discretionary sanctions upon a foreign person who knowingly: (1) assists or engages in any significant transactions with the IRGC or its agents and affiliates, (2) engages in any significant transactions with a person subject to U.N. sanctions relating to Iran. Authorizes the President to waive the imposition of sanctions if the person has terminated the activity or for reasons of U.S. national security.
Section 303 –
Prohibits anything in this subtitle from being construed to limit the President’s authority to designate foreign persons for the imposition of sanctions pursuant to the International Emergency Economic Powers Act.
Subtitle B – Additional Measures Relating to Iran’s Revolutionary Guard Corps
Section 311 –
Amends the Iran Sanctions Act of 1996 to require certification by prospective U.S. government contractors that neither they nor their subsidiaries have engaged in significant economic transactions with the IRGC, or its officials, agents, or affiliates whose property is blocked pursuant to the International Emergency Economic Powers Act.
Section 312 –
Amends the Comprehensive Iran Sanctions, Accountability, and Divestment Act of 2010 to direct the Secretary of the Treasury to determine whether the National Iranian Oil Company (NIOC) or the National Iranian Tanker Company (NITC) is an IRGC agent or affiliate and submit such determination to Congress. States that such provisions shall apply to petroleum transactions for NIOC or NITC 180 days after enactment of this Act, but only if the President determines that there is a sufficient supply of petroleum and petroleum products in countries other than Iran to permit purchasers to significantly reduce petroleum and petroleum product purchases from Iran.
Title IV – Measures Relating to Human Rights Abuses in Iran
Subtitle A – Expansion of Sanctions Relating to Human Rights Abuses in Iran
Section 401 –
States that the government of Iran continues to systematically violate the basic human rights of the citizens of Iran and has failed to cooperate with U.N. and similar human rights investigations.
Section 402 –
Expresses the sense of Congress that the government of Iran: (1) continues to engage in systematic violations of human rights; (2) is engaging in a systematic campaign to prevent news, entertainment, and opinions from reaching media that are not subject to government control and to eliminate any free Internet or other electronic media discussion among the people of Iran; and (3) has refused to cooperate with international organizations seeking to investigate or to alleviate such conditions.
Section 403 –
Amends the Comprehensive Iran Sanctions, Accountability, and Divestment Act of 2010 to direct the President to identify and submit a list to Congress of persons who have knowingly transferred to Iran goods or technology, or provided post-transfer services, that are likely to be used by the government of Iran to commit human rights abuses. Directs the President to: (1) freeze the assets of listed persons, and (2) impose additional sanctions if such transfers are made to the IRGC.
Section 402 –
Directs the President to impose specified sanctions against persons that have engaged in censorship or repression of the rights of freedom of expression or assembly of Iran’s citizens.
Subtitle B – Additional Measures to Promote Human Rights in Iran
Section 411 –
Requires the Office of Foreign Assets Control to expedite processing of Iran-related humanitarian, human rights and democratization aid by entities receiving funds from the Department of State, the Broadcasting Board of Governors, and other U.S. agencies.
Section 412 –
Directs the President to submit a comprehensive strategy to Congress regarding the promotion of Internet freedom and information access in Iran.
Section 413 –
Expresses the sense of Congress that: (1) the Secretary should support efforts to identify prisoners of conscience and cases of human rights abuses in Iran, and (2) the U.S. government should offer refugee status or political asylum in the United States to Iranian political dissidents if requested and consistent with U.S. laws and national security interests.
Title V – Miscellaneous
Section 501 –
Denies admission to, or excludes from, the United States an Iranian citizen seeking to enter the United States to study at an institution of higher education to prepare for a career in Iran’s energy or nuclear sectors.
Section 502 –
Amends the National Defense Authorization Act for Fiscal Year 2012 to exclude the transfer of agricultural commodities from specified sanctionable activities with Iran.
Section 503 –
Makes available for attachment, with respect to judgments entered against Iran for damages for personal injury or death caused by an act of torture, extrajudicial killing, aircraft sabotage, or hostage-taking, or the provision of material support or resources for such an act, a financial asset that is:
(1) property in the United States of a foreign securities intermediary doing business in the United States,
(2) a blocked asset that is property identified in and the subject of proceedings in Peterson et al.
v. Islamic Republic of Iran et al.; and
(3) equal in value to a financial asset of Iran that such foreign securities intermediary or a related intermediary holds abroad.
Section 504 –
Sets forth reporting requirements regarding Iranian membership in, and U.S. contributions to, international organizations.
Section 505 –
Amends the the Comprehensive Iran Sanctions, Accountability, and Divestment Act of 2010 to authorize appropriations through FY2016 for: (1) the Office of Terrorism and Financial Intelligence, and (2) the Bureau of Industry and Security. Authorizes appropriations through FY2016 for the Financial Crimes Enforcement Network.
Title VI – General Provisions
Section 601 –
Applies certain penalties under the International Emergency Economic Powers Act to persons violating specified provisions of this Act and the Comprehensive Iran Sanctions Accountability and Divestment Act of 2010.
Section 602 –
Prohibits anything in this Act from applying to authorized U.S. intelligence activities.
Section 603 –
States that nothing in this Act shall be construed as a declaration of war or an authorization of the use of force against Iran or Syria.
Title VII – Sanctions with Respect to Human Rights Abuses in Syria
Syria Human Rights Accountability Act of 2012 –
Section 702 –
Directs the President to identify and impose specified sanctions on:
(1) Syrian government officials or persons acting on behalf of that government who are responsible for or complicit in the commission of serious human rights abuses against Syrian citizens or their family members, regardless of whether such abuses occurred in Syria;
(2) persons who knowingly transfer or facilitate the transfer of goods or technologies (weapons, surveillance technology, or technology to restrict free speech or the flow of information) that are likely to be used by Syria to commit human rights abuses against the Syrian people; and
(3) persons who engage in censorship that prohibits, limits, or penalizes freedom of expression by Syrian citizens.
Authorizes the President to waive such provisions if in the U.S. national security interest.
Section 706 –
Terminates such provisions if the President certifies to Congress that the government of Syria is democratically elected and representative of the people of Syria or that a legitimate transitional government of Syria is in place.