To improve the bill.
What it does: 17 changes: replaces text in 10 places, inserts text in 4 places, adds 3 sectionsWhat it changes
17 changes to S.Amdt. 2123 · 1 shown in S.Amdt. 2123's text
Change 1: Rewrites page 7, line 18 through page 8, line 8
ReplacesRemoves page 7, line 18 through page 8, line 8.
Inserted: SEC. 102. SENSE OF CONGRESS ON ENFORCEMENT OF MULTILATERAL SANCTIONS REGIME AND EXPANSION AND IMPLEMENTATION OF SANCTIONS LAWS.
Inserted: It is 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 effectively achieved through a comprehensive 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: "Let there be no doubt: America is determined to prevent Iran from getting a nuclear weapon, and I will take no options off the table to achieve that goal". Among these economic sanctions are--
Inserted: (1) prompt enforcement of the current multilateral sanctions regime with respect to Iran;
Inserted: (2) full, timely, and vigorous implementation of all sanctions enacted into law, including sanctions imposed or expanded by this Act or amendments made by this Act, through--
Inserted: (A) intensified monitoring by the President and his designees, including the Secretary of the Treasury and the Secretary of State, along with senior officials in the intelligence community, as appropriate;
Inserted: (B) more extensive use of extraordinary authorities provided for under the International Emergency Economic Powers Act (50 U.S.C. 1701 et seq.) and other sanctions laws;
Inserted: (C) reallocation of resources to provide the personnel necessary, within the Department of the Treasury, the Department of State, and the Department of Defense, and, where appropriate, the intelligence community, to apply and enforce sanctions; and
Inserted: (D) expanded cooperation with international sanctions enforcement efforts;
Inserted: (3) urgent consideration of the expansion of existing sanctions with respect to such areas as--
Inserted: (A) the provision of energy-related services to Iran;
Inserted: (B) the provision of insurance and reinsurance services to Iran;
Inserted: (C) the provision of shipping services to Iran;
Show 5 more inserted paragraphsShow less
Inserted: (D) those Iranian financial institutions not currently designated for the imposition of sanctions that may be acting as intermediaries for Iranian financial institutions that are designated for the imposition of sanctions; and
Inserted: (4) a focus on countering Iran's efforts to evade sanctions, including--
Inserted: (A) the activities of telecommunications, Internet, and satellite service providers, within and outside of Iran, to ensure that such providers are not participating in or facilitating, directly or indirectly, the evasion of the sanctions regime with respect to Iran or violations of the human rights of the people of Iran;
Inserted: (B) the activities of financial institutions or other businesses or government agencies, within or outside of Iran, not yet designated for the imposition of sanctions; and
Inserted: (C) urgent and ongoing evaluation of Iran's energy, national security, financial, and telecommunications sectors, to gauge the effects of, and possible defects in, particular sanctions, with prompt efforts to correct any gaps in the existing sanctions regime with respect to Iran.
Original wording
Beginning on page 7, strike line 18, and all that follows through page 8, line 8, and insert the following:
Change 2: Inserts “that includes a disclosure of an activity described in paragraph (1) (other than an activ…” after “paragraph (4)”
InsertsPage 30, line 12In S.Amdt. 2123 as proposed
"(B) make the information provided in the disclosure and the notice available to the public by posting the information on the Internet website of the Commission.
"(5) Investigations.--Upon receiving a report under paragraph (4)[inserted: that includes a disclosure of an activity described in paragraph (1) (other than an activity described in subparagraph (D)(iii) of that paragraph)], the President shall--
"(A) initiate an investigation into the possible imposition of sanctions under the Iran Sanctions Act of 1996 (Public Law 104 172; 50 U.S.C. 1701 note), section 104 or 105A of the Comprehensive Iran Sanctions, Accountability, and Divestment Act of 2010, an Executive Order specified in clause (i) or (ii) of paragraph (1)(D), or any other provision of law relating to the imposition of sanctions with respect to Iran, as applicable; and
Original wording
On page 30, line 12, insert “that includes a disclosure of an activity described in paragraph (1) (other than an activity described in subparagraph (D)(iii) of that paragraph)” after “paragraph (4)”.
Change 3: Rewrites page 33, lines 1–20
ReplacesRemoves page 33, lines 1–20.
Inserted: (c) Restrictions on Visas and Adjustments in Immigration Status.--Except as provided in subsection (d), the Secretary of State and the Secretary of Homeland Security may not grant an individual on the list required by subsection (a) immigration status in, or admit the individual to, the United States.
Inserted: (d) Exception to Comply With United Nations Headquarters Agreement.--Subsection (c) shall not apply to an individual if admitting the individual to the United States is necessary to permit the United States to comply with the Agreement between the United Nations and the United States of America regarding the Headquarters of the United Nations, signed June 26, 1947, and entered into force November 21, 1947.
Inserted: (e) Waiver.--The President may waive the application of subsection (a) or (c) with respect to an individual if the President--
Inserted: (1) determines that such a waiver is in the national interest of the United States; and
Inserted: (2) not less than 7 days before the waiver takes effect, notifies Congress of the waiver and the reason for the waiver.
Original wording
On page 33, strike lines 1 through 20, and insert the following:
Change 4: Rewrites page 34, line 1 through page 37, line 5
ReplacesRemoves page 34, line 1 through page 37, line 5.
Inserted: SEC. 216. REPORTS ON, AND AUTHORIZATION OF IMPOSITION OF SANCTIONS WITH RESPECT TO, THE PROVISION OF SPECIALIZED FINANCIAL MESSAGING SERVICES TO THE CENTRAL BANK OF IRAN AND OTHER SANCTIONED IRANIAN FINANCIAL INSTITUTIONS.
Inserted: (a) Sense of Congress.--It is the sense of Congress that--
Inserted: (1) providers of specialized financial messaging services are a critical link to the international financial system;
Inserted: (2) the European Union is to be commended for strengthening the multilateral sanctions regime against Iran by deciding that specialized financial messaging services may not be provided to the Central Bank of Iran and other sanctioned Iranian financial institutions by persons subject to the jurisdiction of the European Union; and
Inserted: (3) the loss of access by sanctioned Iranian financial institutions to specialized financial messaging services must be maintained.
Inserted: (b) Reports Required.--
Inserted: (1) In general.--Not later than 60 days after the date of the enactment of this Act, and every 90 days thereafter, the Secretary of the Treasury shall submit to the appropriate congressional committees a report that contains--
Inserted: (A) a list of all persons that the Secretary has identified that directly provide specialized financial messaging services to, or enable or facilitate direct or indirect access to such messaging services for, the Central Bank of Iran or a financial institution described in section 104(c)(2)(E)(ii) of the Comprehensive Iran Sanctions, Accountability, and Divestment Act of 2010 (22 U.S.C. 8513(c)(2)(E)(ii)); and
Inserted: (B) a detailed assessment of the status of efforts by the Secretary to end the direct provision of such messaging services to, and the enabling or facilitation of direct or indirect access to such messaging services for, the Central Bank of Iran or a financial institution described in section 104(c)(2)(E)(ii) of the Comprehensive Iran Sanctions, Accountability, and Divestment Act of 2010 (22 U.S.C. 8513(c)(2)(E)(ii)).
Inserted: (2) Enabling or facilitation of access to specialized financial messaging services through intermediary financial institutions.--For purposes of paragraph (1) and subsection (c), enabling or facilitating direct or indirect access to specialized financial messaging services for the Central Bank of Iran or a financial institution described in section 104(c)(2)(E)(ii) of the Comprehensive Iran Sanctions, Accountability, and Divestment Act of 2010 (22 U.S.C. 8513(c)(2)(E)(ii)) includes doing so by serving as an intermediary financial institution with access to such messaging services.
Inserted: (3) Form of report.--A report submitted under paragraph (1) shall be submitted in unclassified form but may contain a classified annex.
Inserted: (c) Authorization of the Imposition of Sanctions.--
Show 8 more inserted paragraphsShow less
Inserted: (1) In general.--Except as provided in paragraph (2), if, on or after the date that is 90 days after the date of the enactment of this Act, a person continues to knowingly and directly provide specialized financial messaging services to, or knowingly enable or facilitate direct or indirect access to such messaging services for, the Central Bank of Iran or a financial institution described in paragraph (2)(E)(ii) of section 104(c) of the Comprehensive Iran Sanctions, Accountability, and Divestment Act of 2010 (22 U.S.C. 8513(c)), the President may impose sanctions pursuant to that section or the International Emergency Economic Powers Act (50 U.S.C. 1701 et seq.) with respect to the person.
Inserted: (2) Exception.--The President may not impose sanctions pursuant to paragraph (1) with respect to a person for directly providing specialized financial messaging services to, or enabling or facilitating direct or indirect access to such messaging services for, the Central Bank of Iran or a financial institution described in section 104(c)(2)(E)(ii) of the Comprehensive Iran Sanctions, Accountability, and Divestment Act of 2010 (22 U.S.C. 8513(c)(2)(E)(ii)) if--
Inserted: (A) the person is subject to a sanctions regime under its governing foreign law that requires it to eliminate the knowing provision of such messaging services to, and the knowing enabling and facilitation of direct or indirect access to such messaging services for--
Inserted: (i) the Central Bank of Iran; and
Inserted: (ii) a group of Iranian financial institutions identified under such governing foreign law for purposes of that sanctions regime if the President determines that--
Inserted: (I) the group is substantially similar to the group of financial institutions described in section 104(c)(2)(E)(ii) of the Comprehensive Iran Sanctions, Accountability, and Divestment Act of 2010 (22 U.S.C. 8513(c)(2)(E)(ii)); and
Inserted: (II) the differences between those groups of financial institutions do not adversely affect the national interest of the United States; and
Inserted: (B) the person has, pursuant to that sanctions regime, terminated the knowing provision of such messaging services to, and the knowing enabling and facilitation of direct or indirect access to such messaging services for, the Central Bank of Iran and each Iranian financial institution identified under such governing foreign law for purposes of that sanctions regime.
Original wording
Beginning on page 34, strike line 1 and all that follows through page 37, line 5, and insert the following:
Change 5: Adds SEC. 401. FINDINGS on page 58, between lines 6 and 7
Adds a sectionInserted: SEC. 401. FINDINGS.
Inserted: Congress makes the following findings:
Inserted: (1) The Government of Iran continues to violate systematically the basic human rights of citizens of Iran, including by cutting off their access to information and technology, suppressing their freedom of expression, and punishing severely, and sometimes brutally, their attempts to exercise political rights.
Inserted: (2) In a March 20, 2012, speech celebrating Nowruz, the Iranian New Year, President Barack Obama described censorship of the Internet and monitoring of computers and
Inserted: cell phones by the Government of Iran as depriving the people of Iran of "the information they want [and] stopping the free flow of information and ideas into the country". The President concluded that "in recent weeks, Internet restrictions have become so severe that Iranians cannot communicate freely with their loved ones within Iran, or beyond its borders, [so that] an electronic curtain has fallen around Iran.".
Inserted: (3) At a time when growing numbers of Iranians turn to the Internet as a source for news and political debate, the response of the Government of Iran has combined increasingly pervasive jamming and filtering of the Internet, blocking of email, social networking and other websites, and interception of Internet, telephonic, and mail communications.
Inserted: (4) The March 2012 Report of the United Nations Human Rights Council Special Rapporteur on Iran details the Government of Iran's widespread human rights abuses and censorship, its chronic disregard of due process, and its equally chronic harassment, abuse, and intimidation of the people of Iran.
Inserted: (5) There has been no independent investigation into the months of violence that followed Iran's fraudulent 2009 presidential election, violence that included the beatings of scores of Tehran University students by security forces using weapons, such as chains, metal rods, and electrified batons, and the subsequent imprisonment of many students, some of whom died in captivity.
Inserted: (6) The Government of Iran has failed to cooperate with human rights investigations by the Special Rapporteur, and its failure to cooperate in those and similar investigations has been criticized in reports of the United Nations Secretary-General, General Assembly, and Human Rights Council, even as human rights abuses continue.
Inserted: SEC. 402. SENSE OF CONGRESS.
Inserted: It is the sense of Congress that--
Inserted: (1) the Government of Iran, especially Iran's Revolutionary Guard Corps, continues to engage in serious, systematic, and ongoing violations of human rights and the rise in the level of such violations after the 2009 presidential elections has not abated;
Show 2 more inserted paragraphsShow less
Inserted: (2) the Government of Iran 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
Inserted: (3) the Government of Iran has refused to cooperate with international organizations, including the United Nations, seeking to investigate or to alleviate those conditions.
Original wording
On page 58, between lines 6 and 7, insert the following:
Change 6: Replaces “401” with “403”
ReplacesPage 58, line 7[struck: 401][inserted: 403]Original wording
On page 58, line 7, strike “401” and insert “403”.
Change 7: Inserts “, any entity organized under the laws of Iran or otherwise subject to the jurisdiction of…” after “Iran”
InsertsPage 59, line 12…Iran[inserted: , any entity organized under the laws of Iran or otherwise subject to the jurisdiction of the Government of Iran, or any national of Iran, for use in or with respect to Iran]…
Original wording
On page 59, line 12, insert “, any entity organized under the laws of Iran or otherwise subject to the jurisdiction of the Government of Iran, or any national of Iran, for use in or with respect to Iran” after “Iran”.
Change 8: Inserts “(including services relating to hardware, software, and specialized information, and prof…” after “services”
InsertsPage 59, line 13…services[inserted: (including services relating to hardware, software, and specialized information, and professional consulting, engineering, and support services)]…
Original wording
On page 59, line 13, insert “(including services relating to hardware, software, and specialized information, and professional consulting, engineering, and support services)” after “services”.
Change 9: Inserts “(or by any other person on behalf of the Government of Iran or any of such agencies or in…” after “instrumentalities”
InsertsPage 60, line 6…instrumentalities[inserted: (or by any other person on behalf of the Government of Iran or any of such agencies or instrumentalities)]…
Original wording
On page 60, line 6, insert “(or by any other person on behalf of the Government of Iran or any of such agencies or instrumentalities)” after “instrumentalities”.
Change 10: Replaces “402” with “404”
ReplacesPage 63, line 1[struck: 402][inserted: 404]Original wording
On page 63, line 1, strike “402” and insert “404”.
Change 11: Rewrites page 63, line 19 through page 64, line 12
ReplacesRemoves page 63, line 19 through page 64, line 12.
Inserted: (1) In general.--Not later than 90 days after the date of the enactment of the Iran Sanctions, Accountability, and Human Rights Act of 2012, the President shall submit to the appropriate congressional committees a list of persons that the President determines have, on or after June 12, 2009, engaged in censorship or other activities that--
Inserted: (A) prohibit, limit, or penalize the exercise of freedom of expression or assembly by citizens of Iran; or
Inserted: (B) limit access to print or broadcast media, including the facilitation or support of intentional frequency manipulation by the Government of Iran that would jam or restrict an international signal or the failure to prohibit intentional frequency manipulation by the Government of Iran that would jam or restrict an international signal by satellite service providers that provide satellite services to the Government of Iran or an entity owned or controlled by the Government of Iran.
Original wording
On page 63, strike line 19 and all that follows through page 64, line 12, and insert the following:
Change 12: Replaces “(3)” with “(2)”
ReplacesPage 64, line 13[struck: (3)][inserted: (2)]Original wording
On page 64, line 13, strike “(3)” and insert “(2)”.
Change 13: Replaces “(4)” with “(3)”
ReplacesPage 64, line 21[struck: (4)][inserted: (3)]Original wording
On page 64, line 21, strike “(4)” and insert “(3)”.
Change 14: Rewrites page 72, line 7 through page 78, line 6
ReplacesRemoves page 72, line 7 through page 78, line 6.
Inserted: SEC. 503. INTERESTS IN CERTAIN FINANCIAL ASSETS OF IRAN.
Inserted: (a) Interests in Blocked Assets.--Notwithstanding any other provision of law, including any provision of law relating to sovereign immunity, and preempting any inconsistent provision of State law, a financial asset that is--
Inserted: (1) property in the United States of a foreign securities intermediary doing business in the United States,
Inserted: (2) a blocked asset (whether or not subsequently unblocked) that is property described in subsection (b), and
Inserted: (3) equal in value to a financial asset of Iran, including an asset of the central bank or monetary authority of the Government of Iran or any agency or instrumentality of that Government, that such foreign securities intermediary or a related intermediary holds abroad, shall be available for all attachments and other proceedings in aid of execution, 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.
Inserted: (b) Property Described.--Property described in this subsection is property that is identified in and the subject of proceedings in the United States District Court for the Southern District of New York in Peterson et al. v. Islamic Republic of Iran et al., Case No. 10 Civ. 4518 (BSJ) (GWG).
Inserted: (c) Rule of Construction.--Nothing in this section shall be construed to affect the availability, or lack thereof, of a right to satisfy a judgment in any other action against a terrorist party in any proceedings other than proceedings referred to in subsection (b).
Inserted: (d) Definitions.--In this section:
Inserted: (1) Blocked asset.--The term "blocked asset"--
Inserted: (A) means any asset seized or frozen by the United States under section 5(b) of the Trading With the Enemy Act (50 U.S.C. App. 5(b)) or under section 202 or 203 of the International Emergency Economic Powers Act (50 U.S.C. 1701 and 1702); and
Inserted: (B) does not include property that--
Inserted: (i) is subject to a license issued by the United States Government for final payment, transfer, or disposition by or to a person subject to the jurisdiction of the United States in connection with a transaction for which the issuance of the license has been specifically required by a provision of law other than the International Emergency Economic Powers Act (50 U.S.C. 1701 et seq.) or the United Nations Participation Act of 1945 (22 U.S.C. 287 et seq.); or
Show 8 more inserted paragraphsShow less
Inserted: (ii) is property subject to the Vienna Convention on Diplomatic Relations or the Vienna Convention on Consular Relations, or that enjoys equivalent privileges and immunities under the laws of the United States, and is being used exclusively for diplomatic or consular purposes.
Inserted: (2) Financial asset; securities intermediary.--The terms "financial asset" and "securities intermediary" have the meanings given those terms in the Uniform Commercial Code, but the former includes cash.
Inserted: (3) Iran.--The term "Iran" means the Government of Iran, including the central bank or monetary authority of that Government and any agency or instrumentality of that Government.
Inserted: (4) Person.--
Inserted: (A) In general.--The term "person" means an individual or entity.
Inserted: (B) Entity.--The term "entity" means a partnership, association, trust, joint venture, corporation, group, subgroup, or other organization.
Inserted: (5) Terrorist party.--The term "terrorist party" has the meaning given that term in section 201(d) of the Terrorism Risk Insurance Act of 2002 (28 U.S.C. 1610 note).
Inserted: (6) United states.--The term "United States" includes all territory and waters, continental, or insular, subject to the jurisdiction of the United States.
Original wording
Beginning on page 72, strike line 7 and all that follows through page 78, line 6, and insert the following:
Change 15: Adds SEC. 505. INCREASED CAPACITY FOR EFFORTS TO COMBAT UNLAWFUL OR TERRORIST FINANCING on page 78, between lines 15 and 16
Adds a sectionInserted: SEC. 505. INCREASED CAPACITY FOR EFFORTS TO COMBAT UNLAWFUL OR TERRORIST FINANCING.
Inserted: (a) Authorization of Appropriations for Office of Terrorism and Financial Intelligence and Bureau of Industry and Security.--Section 109 of the Comprehensive Iran Sanctions, Accountability, and Divestment Act of 2010 (22 U.S.C. 8517) is amended--
Inserted: (1) in subsection (b)(2), by striking "and 2013" and inserting "through 2016"; and
Inserted: (2) in subsection (d)(2), by striking "and 2013" and inserting "through 2016".
Inserted: (b) Authorization of Appropriations for Financial Crimes Enforcement Network.--Section 310(d)(1) of title 31, United States Code, is amended by striking "and 2013" and inserting "through 2016".
Original wording
On page 78, between lines 15 and 16, insert the following:
Change 16: Adds SEC. 603. RULE OF CONSTRUCTION WITH RESPECT TO USE OF FORCE AGAINST IRAN AND SYRIA on page 80, between lines 5 and 6
Adds a sectionInserted: SEC. 603. RULE OF CONSTRUCTION WITH RESPECT TO USE OF FORCE AGAINST IRAN AND SYRIA.
Inserted: Nothing in this Act or the amendments made by this Act shall be construed as a declaration of war or an authorization of the use of force against Iran or Syria.
Original wording
On page 80, between lines 5 and 6, insert the following:
Change 17: Replaces “603” with “604”
ReplacesPage 80, line 6[struck: 603][inserted: 604]Original wording
On page 80, line 6, strike “603” and insert “604”.
Read automatically from the Congressional Record. Check the original before relying on it.
As printed
SA 2124. Mr. REID (for Mr. Johnson of South Dakota (for himself and Mr. Shelby)) proposed an amendment to amendment SA 2123 proposed by Mr. Reid (for Mr. Johnson of South Dakota (for himself and Mr. Shelby)) to the bill H.R. 1905, to strengthen Iran sanctions laws for the purpose of compelling Iran to abandon its pursuit of nuclear weapons and other threatening activities, and for other purposes; as follows:
Beginning on page 7, strike line 18, and all that follows through page 8, line 8, and insert the following:
SEC. 102. SENSE OF CONGRESS ON ENFORCEMENT OF MULTILATERAL SANCTIONS REGIME AND EXPANSION AND IMPLEMENTATION OF SANCTIONS LAWS.
It is 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 effectively achieved through a comprehensive 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: “Let there be no doubt: America is determined to prevent Iran from getting a nuclear weapon, and I will take no options off the table to achieve that goal”. Among these economic sanctions are--
(1) prompt enforcement of the current multilateral sanctions regime with respect to Iran;
(2) full, timely, and vigorous implementation of all sanctions enacted into law, including sanctions imposed or expanded by this Act or amendments made by this Act, through--
(A) intensified monitoring by the President and his designees, including the Secretary of the Treasury and the Secretary of State, along with senior officials in the intelligence community, as appropriate;
(B) more extensive use of extraordinary authorities provided for under the International Emergency Economic Powers Act (50 U.S.C. 1701 et seq.) and other sanctions laws;
(C) reallocation of resources to provide the personnel necessary, within the Department of the Treasury, the Department of State, and the Department of Defense, and, where appropriate, the intelligence community, to apply and enforce sanctions; and
(D) expanded cooperation with international sanctions enforcement efforts;
(3) urgent consideration of the expansion of existing sanctions with respect to such areas as--
(A) the provision of energy-related services to Iran;
(B) the provision of insurance and reinsurance services to Iran;
(C) the provision of shipping services to Iran;
(D) those Iranian financial institutions not currently designated for the imposition of sanctions that may be acting as intermediaries for Iranian financial institutions that are designated for the imposition of sanctions; and
(4) a focus on countering Iran's efforts to evade sanctions, including--
(A) the activities of telecommunications, Internet, and satellite service providers, within and outside of Iran, to ensure that such providers are not participating in or facilitating, directly or indirectly, the evasion of the sanctions regime with respect to Iran or violations of the human rights of the people of Iran;
(B) the activities of financial institutions or other businesses or government agencies, within or outside of Iran, not yet designated for the imposition of sanctions; and
(C) urgent and ongoing evaluation of Iran's energy, national security, financial, and telecommunications sectors, to gauge the effects of, and possible defects in, particular sanctions, with prompt efforts to correct any gaps in the existing sanctions regime with respect to Iran.
On page 30, line 12, insert “that includes a disclosure of an activity described in paragraph (1) (other than an activity described in subparagraph (D)(iii) of that paragraph)” after “paragraph (4)”.
On page 33, strike lines 1 through 20, and insert the following:
(c) Restrictions on Visas and Adjustments in Immigration Status.--Except as provided in subsection (d), the Secretary of State and the Secretary of Homeland Security may not grant an individual on the list required by subsection (a) immigration status in, or admit the individual to, the United States.
(d) Exception to Comply With United Nations Headquarters Agreement.--Subsection (c) shall not apply to an individual if admitting the individual to the United States is necessary to permit the United States to comply with the Agreement between the United Nations and the United States of America regarding the Headquarters of the United Nations, signed June 26, 1947, and entered into force November 21, 1947.
(e) Waiver.--The President may waive the application of subsection (a) or (c) with respect to an individual if the President--
(1) determines that such a waiver is in the national interest of the United States; and
(2) not less than 7 days before the waiver takes effect, notifies Congress of the waiver and the reason for the waiver.
Beginning on page 34, strike line 1 and all that follows through page 37, line 5, and insert the following:
SEC. 216. REPORTS ON, AND AUTHORIZATION OF IMPOSITION OF SANCTIONS WITH RESPECT TO, THE PROVISION OF SPECIALIZED FINANCIAL MESSAGING SERVICES TO THE CENTRAL BANK OF IRAN AND OTHER SANCTIONED IRANIAN FINANCIAL INSTITUTIONS.
(a) Sense of Congress.--It is the sense of Congress that--
(1) providers of specialized financial messaging services are a critical link to the international financial system;
(2) the European Union is to be commended for strengthening the multilateral sanctions regime against Iran by deciding that specialized financial messaging services may not be provided to the Central Bank of Iran and other sanctioned Iranian financial institutions by persons subject to the jurisdiction of the European Union; and
(3) the loss of access by sanctioned Iranian financial institutions to specialized financial messaging services must be maintained.
(b) Reports Required.--
(1) In general.--Not later than 60 days after the date of the enactment of this Act, and every 90 days thereafter, the Secretary of the Treasury shall submit to the appropriate congressional committees a report that contains--
(A) a list of all persons that the Secretary has identified that directly provide specialized financial messaging services to, or enable or facilitate direct or indirect access to such messaging services for, the Central Bank of Iran or a financial institution described in section 104(c)(2)(E)(ii) of the Comprehensive Iran Sanctions, Accountability, and Divestment Act of 2010 (22 U.S.C. 8513(c)(2)(E)(ii)); and
(B) a detailed assessment of the status of efforts by the Secretary to end the direct provision of such messaging services to, and the enabling or facilitation of direct or indirect access to such messaging services for, the Central Bank of Iran or a financial institution described in section 104(c)(2)(E)(ii) of the Comprehensive Iran Sanctions, Accountability, and Divestment Act of 2010 (22 U.S.C. 8513(c)(2)(E)(ii)).
(2) Enabling or facilitation of access to specialized financial messaging services through intermediary financial institutions.--For purposes of paragraph (1) and subsection (c), enabling or facilitating direct or indirect access to specialized financial messaging services for the Central Bank of Iran or a financial institution described in section 104(c)(2)(E)(ii) of the Comprehensive Iran Sanctions, Accountability, and Divestment Act of 2010 (22 U.S.C. 8513(c)(2)(E)(ii)) includes doing so by serving as an intermediary financial institution with access to such messaging services.
(3) Form of report.--A report submitted under paragraph (1) shall be submitted in unclassified form but may contain a classified annex.
(c) Authorization of the Imposition of Sanctions.--
(1) In general.--Except as provided in paragraph (2), if, on or after the date that is 90 days after the date of the enactment of this Act, a person continues to knowingly and directly provide specialized financial messaging services to, or knowingly enable or facilitate direct or indirect access to such messaging services for, the Central Bank of Iran or a financial institution described in paragraph (2)(E)(ii) of section 104(c) of the Comprehensive Iran Sanctions, Accountability, and Divestment Act of 2010 (22 U.S.C. 8513(c)), the President may impose sanctions pursuant to that section or the International Emergency Economic Powers Act (50 U.S.C. 1701 et seq.) with respect to the person.
(2) Exception.--The President may not impose sanctions pursuant to paragraph (1) with respect to a person for directly providing specialized financial messaging services to, or enabling or facilitating direct or indirect access to such messaging services for, the Central Bank of Iran or a financial institution described in section 104(c)(2)(E)(ii) of the Comprehensive Iran Sanctions, Accountability, and Divestment Act of 2010 (22 U.S.C. 8513(c)(2)(E)(ii)) if--
(A) the person is subject to a sanctions regime under its governing foreign law that requires it to eliminate the knowing provision of such messaging services to, and the knowing enabling and facilitation of direct or indirect access to such messaging services for--
(i) the Central Bank of Iran; and
(ii) a group of Iranian financial institutions identified under such governing foreign law for purposes of that sanctions regime if the President determines that--
(I) the group is substantially similar to the group of financial institutions described in section 104(c)(2)(E)(ii) of the Comprehensive Iran Sanctions, Accountability, and Divestment Act of 2010 (22 U.S.C. 8513(c)(2)(E)(ii)); and
(II) the differences between those groups of financial institutions do not adversely affect the national interest of the United States; and
(B) the person has, pursuant to that sanctions regime, terminated the knowing provision of such messaging services to, and the knowing enabling and facilitation of direct or indirect access to such messaging services for, the Central Bank of Iran and each Iranian financial institution identified under such governing foreign law for purposes of that sanctions regime.
On page 58, between lines 6 and 7, insert the following:
SEC. 401. FINDINGS.
Congress makes the following findings:
(1) The Government of Iran continues to violate systematically the basic human rights of citizens of Iran, including by cutting off their access to information and technology, suppressing their freedom of expression, and punishing severely, and sometimes brutally, their attempts to exercise political rights.
(2) In a March 20, 2012, speech celebrating Nowruz, the Iranian New Year, President Barack Obama described censorship of the Internet and monitoring of computers and
cell phones by the Government of Iran as depriving the people of Iran of “the information they want [and] stopping the free flow of information and ideas into the country”. The President concluded that “in recent weeks, Internet restrictions have become so severe that Iranians cannot communicate freely with their loved ones within Iran, or beyond its borders, [so that] an electronic curtain has fallen around Iran.”.
(3) At a time when growing numbers of Iranians turn to the Internet as a source for news and political debate, the response of the Government of Iran has combined increasingly pervasive jamming and filtering of the Internet, blocking of email, social networking and other websites, and interception of Internet, telephonic, and mail communications.
(4) The March 2012 Report of the United Nations Human Rights Council Special Rapporteur on Iran details the Government of Iran's widespread human rights abuses and censorship, its chronic disregard of due process, and its equally chronic harassment, abuse, and intimidation of the people of Iran.
(5) There has been no independent investigation into the months of violence that followed Iran's fraudulent 2009 presidential election, violence that included the beatings of scores of Tehran University students by security forces using weapons, such as chains, metal rods, and electrified batons, and the subsequent imprisonment of many students, some of whom died in captivity.
(6) The Government of Iran has failed to cooperate with human rights investigations by the Special Rapporteur, and its failure to cooperate in those and similar investigations has been criticized in reports of the United Nations Secretary-General, General Assembly, and Human Rights Council, even as human rights abuses continue.
SEC. 402. SENSE OF CONGRESS.
It is the sense of Congress that--
(1) the Government of Iran, especially Iran's Revolutionary Guard Corps, continues to engage in serious, systematic, and ongoing violations of human rights and the rise in the level of such violations after the 2009 presidential elections has not abated;
(2) the Government of Iran 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) the Government of Iran has refused to cooperate with international organizations, including the United Nations, seeking to investigate or to alleviate those conditions.
On page 58, line 7, strike “401” and insert “403”.
On page 59, line 12, insert “, any entity organized under the laws of Iran or otherwise subject to the jurisdiction of the Government of Iran, or any national of Iran, for use in or with respect to Iran” after “Iran”.
On page 59, line 13, insert “(including services relating to hardware, software, and specialized information, and professional consulting, engineering, and support services)” after “services”.
On page 60, line 6, insert “(or by any other person on behalf of the Government of Iran or any of such agencies or instrumentalities)” after “instrumentalities”.
On page 63, line 1, strike “402” and insert “404”.
On page 63, strike line 19 and all that follows through page 64, line 12, and insert the following:
“(1) In general.--Not later than 90 days after the date of the enactment of the Iran Sanctions, Accountability, and Human Rights Act of 2012, the President shall submit to the appropriate congressional committees a list of persons that the President determines have, on or after June 12, 2009, engaged in censorship or other activities that--
“(A) prohibit, limit, or penalize the exercise of freedom of expression or assembly by citizens of Iran; or
“(B) limit access to print or broadcast media, including the facilitation or support of intentional frequency manipulation by the Government of Iran that would jam or restrict an international signal or the failure to prohibit intentional frequency manipulation by the Government of Iran that would jam or restrict an international signal by satellite service providers that provide satellite services to the Government of Iran or an entity owned or controlled by the Government of Iran.
On page 64, line 13, strike “(3)” and insert “(2)”.
On page 64, line 21, strike “(4)” and insert “(3)”.
Beginning on page 72, strike line 7 and all that follows through page 78, line 6, and insert the following:
SEC. 503. INTERESTS IN CERTAIN FINANCIAL ASSETS OF IRAN.
(a) Interests in Blocked Assets.--Notwithstanding any other provision of law, including any provision of law relating to sovereign immunity, and preempting any inconsistent provision of State law, 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 (whether or not subsequently unblocked) that is property described in subsection (b), and
(3) equal in value to a financial asset of Iran, including an asset of the central bank or monetary authority of the Government of Iran or any agency or instrumentality of that Government, that such foreign securities intermediary or a related intermediary holds abroad, shall be available for all attachments and other proceedings in aid of execution, 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.
(b) Property Described.--Property described in this subsection is property that is identified in and the subject of proceedings in the United States District Court for the Southern District of New York in Peterson et al. v. Islamic Republic of Iran et al., Case No. 10 Civ. 4518 (BSJ) (GWG).
(c) Rule of Construction.--Nothing in this section shall be construed to affect the availability, or lack thereof, of a right to satisfy a judgment in any other action against a terrorist party in any proceedings other than proceedings referred to in subsection (b).
(d) Definitions.--In this section:
(1) Blocked asset.--The term “blocked asset”--
(A) means any asset seized or frozen by the United States under section 5(b) of the Trading With the Enemy Act (50 U.S.C. App. 5(b)) or under section 202 or 203 of the International Emergency Economic Powers Act (50 U.S.C. 1701 and 1702); and
(B) does not include property that--
(i) is subject to a license issued by the United States Government for final payment, transfer, or disposition by or to a person subject to the jurisdiction of the United States in connection with a transaction for which the issuance of the license has been specifically required by a provision of law other than the International Emergency Economic Powers Act (50 U.S.C. 1701 et seq.) or the United Nations Participation Act of 1945 (22 U.S.C. 287 et seq.); or
(ii) is property subject to the Vienna Convention on Diplomatic Relations or the Vienna Convention on Consular Relations, or that enjoys equivalent privileges and immunities under the laws of the United States, and is being used exclusively for diplomatic or consular purposes.
(2) Financial asset; securities intermediary.--The terms “financial asset” and “securities intermediary” have the meanings given those terms in the Uniform Commercial Code, but the former includes cash.
(3) Iran.--The term “Iran” means the Government of Iran, including the central bank or monetary authority of that Government and any agency or instrumentality of that Government.
(4) Person.--
(A) In general.--The term “person” means an individual or entity.
(B) Entity.--The term “entity” means a partnership, association, trust, joint venture, corporation, group, subgroup, or other organization.
(5) Terrorist party.--The term “terrorist party” has the meaning given that term in section 201(d) of the Terrorism Risk Insurance Act of 2002 (28 U.S.C. 1610 note).
(6) United states.--The term “United States” includes all territory and waters, continental, or insular, subject to the jurisdiction of the United States.
On page 78, between lines 15 and 16, insert the following:
SEC. 505. INCREASED CAPACITY FOR EFFORTS TO COMBAT UNLAWFUL OR TERRORIST FINANCING.
(a) Authorization of Appropriations for Office of Terrorism and Financial Intelligence and Bureau of Industry and Security.--Section 109 of the Comprehensive Iran Sanctions, Accountability, and Divestment Act of 2010 (22 U.S.C. 8517) is amended--
(1) in subsection (b)(2), by striking “and 2013” and inserting “through 2016”; and
(2) in subsection (d)(2), by striking “and 2013” and inserting “through 2016”.
(b) Authorization of Appropriations for Financial Crimes Enforcement Network.--Section 310(d)(1) of title 31, United States Code, is amended by striking “and 2013” and inserting “through 2016”.
On page 80, between lines 5 and 6, insert the following:
SEC. 603. RULE OF CONSTRUCTION WITH RESPECT TO USE OF FORCE AGAINST IRAN AND SYRIA.
Nothing in this Act or the amendments made by this Act shall be construed as a declaration of war or an authorization of the use of force against Iran or Syria.
On page 80, line 6, strike “603” and insert “604”.
Legislative Activity
Stay on top of the latest movement without scrolling through every action
Senate amendment submitted
May 21, 2012
View full timeline
Senate amendment submitted
May 21, 2012
Senate amendment agreed to: Amendment SA 2124 agreed to in Senate by Unanimous Consent.
May 21, 2012
Senate amendment proposed (on the floor): Amendment SA 2124 proposed by Senator Reid for Senator Johnson SD to Amendment SA 2123.(consideration: CR S3317)
May 21, 2012
Amendment SA 2124 proposed by Senator Reid for Senator Johnson SD to Amendment SA 2123. (consideration: CR S3317) To improve the bill.
May 21, 2012
Amendment SA 2124 agreed to in Senate by Unanimous Consent.
May 21, 2012