NORTH KOREA, AND SYRIA - A BILL S. ll

SEC. 201. DEFINITIONS.

In this title:

(1) DOMESTIC FINANCIAL INSTITUTION; FOR -20

EIGN FINANCIAL INSTITUTION.—The terms ‘‘domes-21

tic financial institution’’ and ‘‘foreign financial insti-22

tution’’ have the meanings given those terms by the 23

Secretary of the Treasury pursuant to section 24

104(i)(1)(D) of the Comprehensive Iran Sanctions, 25

Accountability, and Divestment Act of 2010 (22 1

U.S.C. 8513(i)(1)(D)).

(2) FINANCIAL INSTITUTION.—The term ‘‘fi-3

nancial institution’’ means a financial institution 4

specified in subparagraph (A), (B), (C), (D), (E), 5

(F), (G), (H), (I), (J), (M), or (Y) of section 6

5312(a)(2) of title 31, United States Code.

SEC. 202. SANCTIONS APPLICABLE UNDER THE IRAN,

NORTH KOREA, AND SYRIA

NONPROLIFERA-9

TION ACT.

(a) SANCTIONS FOR ACQUIRING CERTAIN MATE -11

RIALS AND PROVIDING CERTAIN SERVICES.—Section 2 of 12

the Iran, North Korea, and Syria Nonproliferation Act 13

(Public Law 106–178; 50 U.S.C. 1701 note) is amend-14

ed—

(1) in subsection (a)—

(A) in paragraph (1), by redesignating 17

subparagraphs (A) through (E) as clauses (i) 18

through (v), respectively, and by moving such 19

clauses, as so redesignated, 2 ems to the right;

(B) by redesignating paragraphs (1) and 21

(2) as subparagraphs (A) and (B), respectively, 22

and by moving such subparagraphs, as so re-23

designated, 2 ems to the right;

(A), as redesignated, by striking ‘‘indicating 2

that that person on or after January 1, 1999’’

and inserting the following: ‘‘indicating that 4

that person—

‘‘(1) on or after January 1, 1999’’;

(D) in paragraph (1)(B), as redesig-7

nated—

(i) by striking ‘‘paragraph (1)’’ and 9

inserting ‘‘subparagraph (A)’’; and 10

(ii) by striking the period at the end 11

and inserting a semicolon; and 12

(E) by adding at the end the following:

‘‘(2) on or after the date of the enactment of 14

the Iran, North Korea, and Syria Sanctions Consoli-15

dation Act of 2011, acquired materials mined or oth-16

erwise extracted within the territory or control of 17

North Korea; or 18

‘‘(3) except as provided in subsection (f), on or 19

after the date of the enactment of the Iran, North 20

Korea, and Syria Sanctions Consolidation Act of 21

2011, knowingly provided a vessel, insurance or rein-22

surance, or any other shipping service for the trans-23

portation of goods to or from Iran, North Korea, or 24

Syria if those goods relate, directly or indirectly, to 25

the activities of Iran, North Korea, or Syria with re-1

spect to weapons of mass destruction, support for 2

acts of international terrorism, or human rights 3

abuses.’’; and 4

(2) by adding at the end the following:

‘‘(f) WAIVERWITH RESPECT TO SHIPPING SERVICES

FOR EMERGENCY OR HUMANITARIAN PURPOSES.—The 7

President may waive, on a case-by-case basis, the require-8

ment under subsection (a)(3) to include in the list required 9

by subsection (a) foreign persons that provide vessels, in-10

surance or reinsurance, or other shipping services for the 11

transportation of goods to or from Iran, North Korea, or 12

Syria if the President certifies to the appropriate congres-13

sional committees that such a waiver is necessary for 14

emergency or humanitarian purposes.

‘‘(g) REPORT WITH RESPECT TO PETROLEUM FROM

IRAN.—Not later than 180 days after the date of the en-17

actment of the Iran, North Korea, and Syria Sanctions 18

Consolidation Act of 2011, and every 180 days thereafter, 19

the President shall submit to the appropriate congres-20

sional committees a report that—

‘‘(1) describes in detail the countries and per-22

sons that purchase petroleum, petroleum products, 23

or natural gas from Iran;

‘‘(2) assesses the extent to which the member 1

countries of the Organization of the Petroleum Ex-2

porting Countries and other countries that export a 3

significant quantity of petroleum have the capacity 4

to increase production of petroleum and petroleum 5

products in a manner that would maintain the world 6

supply of petroleum and petroleum products in the 7

event that Iran is no longer able to export petroleum 8

and petroleum products because of economic sanc-9

tions, including economic embargoes, imposed with 10

respect to Iran by countries that purchase petroleum 11

or petroleum resources from Iran as of the date of 12

the report; and 13

‘‘(3) describes in detail the financial trans-14

actions that take place, and the property that is lo-15

cated, in the United States of—

‘‘(A) any person identified under para-17

graph (1);

‘‘(B) any person owned or controlled by a 19

person identified under paragraph (1); and 20

‘‘(C) any person that holds a significant 21

share of the stock, or a significant number of 22

votes on the board of directors, of a person 23

identified under paragraph (1).

‘‘(4) FORM OF REPORTS.—A report submitted 1

under this subsection shall be submitted in unclassi-2

fied form, but may contain a classified annex.’’.

(b) APPLICATION OF CERTAIN MEASURES.—Section 4

3 of the Iran, North Korea, and Syria Nonproliferation 5

Act is amended—

(1) by amending subsection (a) to read as fol-7

lows:

‘‘(a) APPLICATION OF MEASURES.—Subject to sec-9

tions 4 and 5, the President may apply, for a period of 10

not less than 2 years, the measures described in subsection 11

(b) with respect to—

‘‘(1) each foreign person identified in a report 13

submitted under section 2(a);

‘‘(2) each person that is a successor, subunit, or 15

subsidiary of a foreign person described in para-16

graph (1); and 17

‘‘(3) each person that owns more than 50 per-18

cent of, or controls in fact, a foreign person de-19

scribed in paragraph (1) or a person described in 20

paragraph (2).’’;

(2) in subsection (b)—

(A) by amending paragraph (1) to read as 23

follows:

‘‘(1) EXECUTIVE ORDER 12938 PROHIBITIONS.—

The measures set forth in subsections (b), (c), and 2

(d) of section 4 of Executive Order 12938 (50 3

U.S.C. 1701 note; relating to proliferation of weap-4

ons of mass destruction).’’;

(B) in paragraph (2), by striking ‘‘that 6

foreign person’’ and inserting ‘‘a person de-7

scribed in subsection (a)’’;

person’’ and inserting ‘‘a person described in 10

subsection (a)’’; and 11

(D) by adding at the end the following:

‘‘(4) INVESTMENT PROHIBITION.—Prohibition 13

on any new investment by a United States person in 14

property, including entities, owned or controlled by 15

a person described in subsection (a).

‘‘(5) FINANCING PROHIBITION.—Prohibition on 17

any approval, financing, or guarantee by a United 18

States person, wherever located, of a transaction by 19

a person described in subsection (a).

‘‘(6) FINANCIAL ASSISTANCE PROHIBITION.—

Denial by the United States Government of any 22

credit, credit guarantees, grants, or other financial 23

assistance by any agency of the United States Gov-24

ernment to a person described in subsection (a).’’;

(3) in subsection (c)—

(A) in the matter preceding paragraph (1), 2

by striking ‘‘foreign person’’ and inserting ‘‘per-3

son described in subsection (a)’’; and 4

(B) in paragraphs (1), (2), and (3), by 5

striking ‘‘foreign’’ each place it appears; and 6

(4) by amending subsection (d) to read as fol-7

lows:

‘‘(d) PUBLICATION IN FEDERALREGISTER.—

‘‘(1) IN GENERAL.—The President shall publish 10

notice of application of measures pursuant to sub-11

section (a) in the Federal Register.

‘‘(2) CONTENT.—Each notice published pursu-13

ant to paragraph (1) shall include the name and ad-14

dress (where known) of each person to which meas-15

ures have been applied pursuant to subsection (a).’’.

Iran, North Korea, and Syria Nonproliferation Act is 18

amended to read as follows:

‘‘SEC. 4. WAIVER ON BASIS OF NATIONAL SECURITY.

‘‘(a) IN GENERAL.—The President may waive the ap-21

plication of any measure under section 3 with respect to 22

a person not earlier than 30 days after the President de-23

termines and reports in writing to the appropriate con-24

gressional committees that the waiver is in the national 1

security interests of the United States.

‘‘(b) CONTENTS OF REPORT.—A report submitted 3

under subsection (a) shall include—

‘‘(1) a description of the circumstances and ra-5

tionale supporting the determination of the Presi-6

dent that the waiver is in the national security inter-7

ests of the United States; and 8

‘‘(2) an identification of—

‘‘(A) the name and address (where known) 10

of the person to which the waiver will be ap-11

plied;

‘‘(B) in the case of activities described in 13

paragraphs (1) and (2) of section 2(a)—

‘‘(i) the specific goods, services, or 15

technologies, the transfer or acquisition of 16

which would require the application of 17

measures pursuant to section 3 if the 18

President had not invoked the waiver au-19

thority under subsection (a); and 20

‘‘(ii) the name and address (where 21

known) of the person to which the goods, 22

services, or technology were transferred or 23

from which the goods, services, or tech-24

nology were acquired (as applicable); and 25

‘‘(C) in the case of the provision of a ves-1

sel, insurance or reinsurance, or another ship-2

ping service described in section 2(a)(3)—

‘‘(i) a description of the vessel or serv-4

ice the provision of which would require 5

the application of measures pursuant to 6

section 3 if the President had not invoked 7

the waiver authority under subsection (a);

and 9

‘‘(ii) the name and address (where 10

known) of the person to which the vessel or 11

service was provided.

‘‘(c) FORM.—A report submitted under subsection 13

(a) shall be submitted in unclassified form, but may con-14

tain a classified annex.’’.

(d) PROHIBITION ON LANDING IN THE UNITED

STATES OF VESSELS THAT HAVE LANDED IN IRAN, 17

NORTH KOREA, OR SYRIA.—The Iran, North Korea, and 18

Syria Nonproliferation Act, as amended by this section, 19

is further amended by adding at the end the following:

‘‘SEC. 8. PROHIBITION ON CERTAIN VESSELS LANDING IN

THE UNITED STATES; ENHANCED

INSPEC-22

TIONS.

‘‘(a) PROHIBITION ON CERTAIN VESSELS LANDING

IN THE UNITED STATES.—On and after the date of the 25

enactment of the Iran, North Korea, and Syria Sanctions 1

Consolidation Act of 2011, a vessel may not knowingly 2

land at any port in the United States to load or unload 3

cargo or engage in the trade of goods or services if the 4

vessel entered a port in Iran, North Korea, or Syria during 5

the 180-day period preceding arrival of the vessel at the 6

port in the United States.

‘‘(b) ENFORCEMENT; ENHANCED INSPECTIONS.—

Not later than 180 days after the date of the enactment 9

of the Iran, North Korea, and Syria Sanctions Consolida-10

tion Act of 2011, the Secretary of Homeland Security, in 11

consultation with the Secretary of the Treasury and the 12

Secretary of Commerce, shall prescribe regulations that—

‘‘(1) require each vessel requesting to land at a 14

port in the United States to certify that the vessel 15

is not prohibited from landing at that port under 16

subsection (a);

‘‘(2) provide for, with respect to any vessel that 18

provides a false certification under paragraph (1)—

‘‘(A) the prohibition, for a period of 2 20

years, on that vessel landing at a port in the 21

United States; or 22

‘‘(B) the prosecution of the owner of that 23

vessel under title 18, United States Code, if the 24

penalty provided for under such title is greater 1

than the penalty described in subparagraph (A);

‘‘(3) provide a mechanism for identifying for-3

eign ports at which vessels have landed during the 4

preceding 180-day period that have also landed at 5

ports in Iran, North Korea, or Syria during that pe-6

riod;

‘‘(4) require enhanced inspection of all vessels 8

arriving at a port in the United States from a for-9

eign port identified under paragraph (3); and 10

‘‘(5) set forth procedures for inspecting each 11

vessel described in paragraph (4) that are suffi-12

ciently rigorous to establish whether the vessel was 13

involved, during the 180-day period preceding the 14

arrival of the vessel at the port in the United States, 15

in any activity that would be subject to sanctions 16

under this Act or any other provision of law.

‘‘(c) NATIONAL SECURITY WAIVER.—The Secretary 18

of Homeland Security, in consultation with the Secretary 19

of the Treasury and the Secretary of Commerce, may 20

waive the application of subsections (a) and (b) with re-21

spect to a vessel not earlier than 30 days after the Sec-22

retary of Homeland Security—

‘‘(1) determines that the waiver is in the na-24

tional security interests of the United States; and 25

‘‘(2) submits to the appropriate congressional 1

committees a report describing the reasons for the 2

determination.

‘‘(d) PORT DEFINED.—For purposes of this section, 4

the term ‘port’ means a seaport.’’.

(e) CONFORMING AMENDMENTS.—The Iran, North 6

Korea, and Syria Nonproliferation Act, as amended by 7

this section, is further amended—

(1) in section 2(a), by striking ‘‘Committee on 9

International Relations of the House of Representa-10

tives and the Committee on Foreign Relations of the 11

Senate’’ and inserting ‘‘appropriate congressional 12

committees’’;

(2) in section 5—

(A) in the section heading, by striking 15

‘‘SECTIONS 3 AND 4’’ and inserting ‘‘^SEC -16

TION 3’’; and 17

(B) in subsection (a)—

(i) in the matter preceding paragraph 19

(1), by striking ‘‘Sections 3 and 4 shall not 20

apply to a foreign person 15 days after the 21

President reports to the Committee on 22

International Relations of the House of 23

Representatives and the Committee on 24

Foreign Relations of the Senate’’ and in-25

serting ‘‘The measures described in section 1

3(b) shall not apply to a person described 2

in section 3(a) 15 days after the President 3

reports to the appropriate congressional 4

committees’’;

(ii) by redesignating paragraphs (1) 6

through (4) as subparagraphs (A) through 7

(D), respectively, and by moving such sub-8

paragraphs, as so redesignated, 2 ems to 9

the right;

(iii) by inserting after ‘‘that—’’ the 11

following:

‘‘(1) in the case of a transfer or acquisition of 13

goods, services, or technology described in section 14

2(a)(1)—’’;

(iv) in paragraph (1)(C), as redesig-16

nated, by striking ‘‘section 2(a)(1)’’ and 17

inserting ‘‘section 2(a)(1)(A)’’;

(v) in paragraph (1)(D), as redesig-19

nated, by striking the period and inserting 20

a semicolon; and 21

(vi) by adding at the end the fol-22

lowing:

‘‘(2) in the case of an acquisition of materials 24

mined or otherwise extracted within the territory of 25

North Korea described in section 2(a)(2), the person 1

did not acquire such materials; or 2

‘‘(3) in the case of the provision of a vessel, in-3

surance or reinsurance, or another shipping service 4

for the transportation of goods to or from Iran, 5

North Korea, or Syria described in section 2(a)(3), 6

the person did not provide such a vessel or service.’’;

and 8

(i) in paragraph (1), by striking ‘‘each 10

foreign person identified in each report 11

submitted pursuant to section 2(a)’’ and 12

inserting ‘‘each person described in section 13

3(a)’’; and 14

(ii) in paragraph (2), by striking ‘‘a 15

foreign person identified in a report sub-16

mitted pursuant to section 2(a)’’ and in-17

serting ‘‘a person described in section 18

3(a)’’; and 19

(3) in section 6—

(A) by striking ‘‘Committee on Inter-21

national Relations’’ each place it appears and 22

inserting ‘‘Committee on Foreign Affairs’’; and 23

(B) by striking ‘‘Committee on Science’’

each place is appears and inserting ‘‘Committee 2

on Science and Technology’’.

(f) DEFINITIONS.—Section 7 of the Iran, North 4

Korea, and Syria Nonproliferation Act is amended—

(1) in paragraph (2)—

(A) in the paragraph heading, by striking 7

‘‘; PERSON’’;

(B) in the matter preceding subparagraph 9

(A), by striking ‘‘The terms ‘foreign person’

and ‘person’ mean’’ and inserting ‘‘The term 11

‘foreign person’ means’’;

semicolon and inserting ‘‘; and’’;

(D) in subparagraph (C), by striking ‘‘;

and’’ and inserting a period; and 16

(E) by striking subparagraph (D);

(2) by striking paragraph (3) and redesignating 18

paragraphs (4) and (5) as paragraphs (3) and (4), 19

respectively; and 20

(3) by adding at the end the following:

‘‘(5) UNITED STATES PERSON.—The term 22

‘United States person’ means—

‘‘(A) a natural person who is a citizen or 24

resident of the United States; or 25

‘‘(B) an entity that is organized under the 1

laws of the United States or any State or terri-2

tory thereof.

‘‘(6) APPROPRIATE CONGRESSIONAL COMMIT -4

TEES.—The term ‘appropriate congressional com-5

mittees’ means the Committee on Foreign Affairs 6

and the Committee on Financial Services of the 7

House of Representatives and the Committee on 8

Foreign Relations and the Committee on Banking, 9

Housing, and Urban Affairs of the Senate.

‘‘(7) VESSEL.—The term ‘vessel’ has the mean-11

ing given that term in section 1081 of title 18, 12

United States Code.’’.

SEC. 203. IDENTIFICATION OF, AND IMMIGRATION

RE-14

STRICTIONS ON, SENIOR OFFICIALS OF THE

GOVERNMENTS OF THE ISLAMIC REPUBLIC

OF IRAN, NORTH KOREA, AND SYRIA, AND

THEIR ASSOCIATES.

(a) IDENTIFICATION.—Not later than 180 days after 19

the date of the enactment of this Act, and annually there-20

after, the President shall publish a list of each individual 21

the President determines is—

(1) a senior official of the Government of the 23

Islamic Republic of Iran, North Korea, or Syria, in-24

cluding a member of Iran’s Islamic Revolutionary 1

Guard Corps; or 2

(2) a close associate of an individual described 3

in paragraph (1).

(b) RESTRICTIONS ON VISAS AND ADJUSTMENTS IN

IMMIGRATION STATUS.—If the Secretary of State or the 6

Secretary of Homeland Security, as appropriate, deter-7

mines that there is credible evidence that an individual 8

is on the list required by subsection (a), the Secretary of 9

State or the Secretary of Homeland Security may not 10

grant the individual immigration status in, or admit the 11

individual to, the United States.

dent may waive the application of subsection (a) with re-14

spect to individual if the President—

(1) determines that such a waiver is in the na-16

tional interests of the United States; and 17

(2) not less than 7 days before the waiver takes 18

effect, notifies Congress of the waiver and the rea-19

son for the waiver.

SEC. 204. REPORTS BY CERTAIN FINANCIAL INSTITUTIONS

WITH RESPECT TO ACTIVITIES CARRIED OUT

WITH SANCTIONED FINANCIAL

INSTITU-3

TIONS.

(a) IN GENERAL.—Not later than 180 days after the 5

date of the enactment of this Act, the Secretary of the 6

Treasury shall prescribe regulations requiring each domes-7

tic financial institution and any foreign financial institu-8

tion that operates in the United States to report to the 9

Secretary with respect to whether the financial institution 10

engages in any transactions with—

(1) any financial institution whose property or 12

interests in are blocked pursuant to the Inter-13

national Emergency Economic Powers Act (50 14

U.S.C. 1701 et seq.) as a result of the involvement 15

of that financial institution in any activity in or by 16

the Islamic Republic of Iran, North Korea, or Syria 17

with respect to support for acts of international ter-18

rorism or the proliferation of weapons of mass de-19

struction; or 20

(2) any financial institution that engages in any 21

transactions with a financial institution described in 22

paragraph (1).

(b) PENALTIES.—

(1) PROHIBITION ON OPERATING IN THE

UNITED STATES.—A foreign financial institution 26

that operates in the United States may not continue 1

to operate in the United States if the institution—

(A) reports that the institution engages in 3

transactions with a financial institution de-4

scribed in paragraph (1) or (2) of subsection 5

(a);

(B) does not submit a report required by 7

that subsection after the Secretary of the 8

Treasury has warned the institution 2 times 9

that it is required to submit that report; or 10

section and does not correct the factual errors 12

in the report after the Secretary of the Treas-13

ury has warned the institution 2 times about 14

the errors.

(2) RESTRICTION ON DOMESTIC FINANCIAL IN -16

STITUTIONS.—A domestic financial institution may 17

not conduct any transactions with a financial insti-18

tution that—

(A) is required to submit a report under 20

subsection (a); and 21

(B)(i) does not submit a report required by 22

subsection (a);

(ii) reports under that subsection that the 24

financial institution engages in transactions 25

with financial institutions described in para-1

graph (1) or (2) of that subsection; or 2

(iii) submits a false report under that sub-3

section.

tion of a penalty under subsection (b) with respect to a 6

financial institution on a case-by-case basis if the Presi-7

dent—

(1) certifies to the appropriate congressional 9

committees that the waiver is in the national secu-10

rity interests of the United States; and 11

(2) submits to those committees not less than 12

15 days before the waiver takes effect a report 13

that—

(A) identifies the financial institution to 15

which the waiver applies by name; and 16

(B) provides an explanation for the need 17

for the waiver.

SEC. 205. SANCTIONS WITH RESPECT TO CRITICAL

DE-19

FENSE RESOURCES PROVIDED TO OR

AC-20

QUIRED FROM THE ISLAMIC REPUBLIC OF

IRAN, NORTH KOREA, OR SYRIA.

(a) IN GENERAL.—The President shall apply the 23

sanctions described in subsection (b) to any person the 24

President determines is providing to, or acquiring from, 25

the Islamic Republic of Iran, North Korea, or Syria any 1

good or technology that the President determines is used, 2

or is likely to be used, for military applications.

(b) SANCTIONS DESCRIBED.—The sanctions de-4

scribed in this subsection are, with respect to a person 5

described in subsection (a), the following:

(1) FOREIGN EXCHANGE.—Prohibiting any 7

transactions in foreign exchange that are subject to 8

the jurisdiction of the United States and in which 9

that person has any interest.

(2) BANKING TRANSACTIONS.—Prohibiting any 11

transfers of credit or payments between financial in-12

stitutions or by, through, or to any financial institu-13

tion, to the extent that such transfers or payments 14

are subject to the jurisdiction of the United States 15

and involve any interest of that person.

(3) PROPERTY TRANSACTIONS.—Prohibiting 17

any person from—

(A) acquiring, holding, withholding, using, 19

transferring, withdrawing, transporting, import-20

ing, or exporting any property that is subject to 21

the jurisdiction of the United States and with 22

respect to which the person described in sub-23

section (a) has any interest;

문서에서 A BILL S. ll (페이지 46-68)