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H.R. 1422IntroducedHouseSenate · nowPresidentLawIn the Senate
Sec. 4 · H.R. 1422

Imposition of sanctions with respect to persons engaged in transactions related or incidental to oil, condensates, petroleum or petrochemical products from Iran

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The wording changed from Introduced to Passed the House. Removed words are struck through; added words are underlined.

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Introduced → Passed the House · Sec. 4

(a) In general On and after the date of the enactment of this Act, the President shall may impose the sanctions described in subsection (b) with respect to any foreign person, including any bank or foreign financial institution, insurance provider, flagging registry, pipeline construction or operation facility for liquefied natural gas, that— (1) person that the President determines determines— (1) has knowingly engaged in, on in any significant transaction related or after such date of enactment, any transaction involved in, relating or incident incidental to the processing, refining, export, transfer or sale of oil, condensates, gas, liquefied natural gas, or other petroleum or petrochemical products product in whole or in part from the Islamic Republic of Iran; (2) is a subsidiary, successor, or alias subsidiary of a foreign person described in paragraph (1); (3) (A) directly is a corporate officer, principal executive officer, or indirectly owns or controls a 50 percent or greater interest in or is owned or controlled by a 50 percent or greater interest other person performing similar functions of either such officer, of a foreign person or described in paragraph (1); (4) is an immediate family member of a foreign persons subject to sanctions pursuant to person described in paragraph (1) who demonstrably benefits from any activity described in paragraph (1); or (2); and (B) (5) directly or indirectly conducts a significant transaction with, for, or on behalf of a foreign person described in paragraph (1), (2), or (3) of section 3(b) of the Stop Harboring Iranian Petroleum Act (22 U.S.C. 8572); (4) the President determines is a corporate officer of a foreign person described paragraph (1), (2), or (3); or (5) is an immediate family member of a foreign person described in paragraph (1), (2), or (3). 8572). (b) Sanctions described The sanctions described in this subsection are the following: (1) Blocking of property The President shall, pursuant to the International Emergency Economic Powers Act (50 U.S.C. 1701 et seq.), block and prohibit all transactions in property and interests in property of a foreign person subject to sanctions pursuant to subsection (a)(1) (a) if such property and interests in property are in the United States, come within the United States, or are or come within the possession or control of a United States person. (2) Aliens inadmissible for visas, admission, or parole (A) Visas, admission, or parole In the case of an alien subject to sanctions pursuant to subsection (a), the alien is— (i) inadmissible to the United States; (ii) ineligible to receive a visa or other documentation to enter the United States; and (iii) otherwise ineligible to be admitted or paroled into the United States or to receive any other benefit under the Immigration and Nationality Act (8 U.S.C. 1101 et seq.). (B) Current visas revoked (i) In general The visa or other entry documentation of an alien described in subparagraph (A) shall be revoked, regardless of when such visa or other entry documentation was issued. (ii) Immediate effect A revocation under clause (i) shall— (I) take effect immediately; in accordance with section 221(i) of the Immigration and Nationality Act (8 U.S.C. 1201(i)); and (II) automatically cancel any other valid visa or entry documentation that is in the alien’s possession. (c) Exceptions (1) Exception relating to importation of goods (A) In general The requirement to impose sanctions under this section shall not include the authority or a requirement to impose sanctions on the importation of goods. (B) Good defined In this paragraph, the term ‘‘good’’ means any article, natural or manmade substance, material, supply, or manufactured product, including inspection and test equipment, and excluding technical data. (2) Exception to comply with international obligations and law enforcement activities Sanctions under subsection (b)(2) (a) shall not apply with respect to an alien if admitting or paroling the alien into the United States is necessary— (A) necessary to permit the United States to comply with the Agreement regarding the Headquarters of the United Nations, signed at Lake Success June 26, 1947, and entered into force November 21, 1947, between the United Nations and the United States, or other applicable international obligations; or (B) to carry out or assist obligations. (2) Exception for authorized intelligence and law enforcement activity in activities Sanctions under subsection (a) shall not apply with respect to activities subject to the reporting requirements under title V of the National Security Act of 1947 (50 U.S.C. 3091 et seq.) or any authorized intelligence, law enforcement, or national security activities of the United States. (3) Exception for humanitarian assistance for the people of Iran (A) In general Sanctions under this section subsection (a) shall not apply to— (i) the conduct or facilitation of a transaction for the provision of agricultural commodities, food, medicine, medical devices, or humanitarian assistance, or for humanitarian purposes; purposes to or for the people of Iran; or (ii) transactions that are necessary for or related to the activities described in clause (i). (B) Definitions In this paragraph— (i) the term agricultural commodity has the meaning given that term in section 102 of the Agricultural Trade Act of 1978 (7 U.S.C. 5602); (ii) the term medical device has the meaning given the term device in section 201 of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 321); and (iii) the term medicine has the meaning given the term drug in section 201 of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 321). (4) Exception for safety of vessels and crew Sanctions under this section subsection (a) shall not apply with respect to a person providing provisions to a vessel otherwise subject to sanctions under this section if such provisions are intended for the safety and care of the crew aboard the vessel, the protection of human life aboard the vessel, or the maintenance of the vessel to avoid any environmental or other significant damage. (d) Waiver (1) In general The President may, on a case-by-case basis for a period of not more than 180 days, waive the application of sanctions imposed with respect to a foreign person under this section subsection (a) if the President— (A) certifies to the appropriate congressional committees that the waiver is vital to in the national interests of the United States; and (B) submits with the certification required under subparagraph (A) a detailed justification explaining the reasons for the waiver. (2) Renewal of waiver The President may, on a case-by-case basis, renew a waiver issued under paragraph (1) for additional periods of not more than 180 days if the President— (A) determines that the renewal of the waiver is vital to the national interests of the United States; and (B) not less than 15 days before the waiver expires, submits to the appropriate congressional committees a report on the renewal of the waiver that includes— (i) a justification for the renewal of the waiver; and (ii) a detailed plan to phase out the need for any such waiver issued with respect to such foreign person. person; and (iii) for reoccurring waivers, steps taken to implement or otherwise further the plan described in clause (ii). (e) Implementation; regulations; penalties (1) Implementation The President may exercise all authorities provided under sections 203 and 205 of the International Emergency Economic Powers Act (50 U.S.C. 1702 and 1704) to carry out subsection (b)(1). (a). (2) Regulations Not later than 60 days after the date of the enactment of this Act, the President shall issue regulations or other guidance as may be necessary for the implementation of this section. (3) Penalties A person that violates, attempts to violate, conspires to violate, or causes a violation of subsection (b)(1) or any regulation, license, or order issued to carry out that subsection shall be subject to the The penalties set forth provided for in subsections (b) and (c) of section 206 of the International Emergency Economic Powers Act (50 U.S.C. 1705) shall apply to any person who violates, attempts to violate, conspires to violate, or causes a violation of any prohibition of this section, or an order or regulation prescribed under this section, to the same extent as that such penalties apply to a person that commits an unlawful act described in subsection (a) section 206(a) of that section. such Act (50 U.S.C. 1705(a)). (f) Rules Termination of construction (1) Subsection (a)(3)(A) shall be construed sanctions Consistent with the Iran Sanctions Act of 1996 (Public Law 104–172; 50 U.S.C. 1701 note), the requirement to be consistent with Frequently Asked Questions 398 through 402, published by the Office of Foreign Assets Control on August 11, 2020, and August 13, 2014, or any successors to such frequently asked questions. (2) For purposes of determinations impose sanctions under subsection (a) shall cease to be effective beginning on the date that a foreign person engaged in activities described in such subsection (a), a foreign person is 30 days after the date on which the President certifies to the appropriate congressional committees that— (1) the Government of Iran no longer repeatedly provides support for international terrorism as determined by the Secretary of State pursuant to— (A) section 1754(c)(1)(A) of the Export Control Reform Act of 2018 (50 U.S.C. 4318(c)(1)(A)); (B) section 620A of the Foreign Assistance Act of 1961 (22 U.S.C. 2371); (C) section 40 of the Arms Export Control Act (22 U.S.C. 2780); or (D) any other related provision of law; and (2) Iran has ceased the pursuit, acquisition, and development of, and verifiably dismantled its, nuclear, biological, and chemical weapons and ballistic missiles and ballistic missile launch technology. (g) Exception relating to the importation of goods (1) In general The authorities and requirements to impose sanctions under this section shall not be determined include the authority or a requirement to know that petroleum impose sanctions on the importation of goods. (2) Good defined In this subsection, the term good means any article, natural or petroleum products originated from Iran if such person relied on a certificate of origin manmade substance, material, supply, or other documentation confirming that the origin of the petroleum or petroleum products was a country other than Iran, unless such person knew or had reason to know that such documentation was falsified. (3) Nothing in this section may be construed to affect the availability of any existing authorities to issue waivers, exceptions, exemptions, licenses, or other authorization.manufactured product, including inspection and test equipment, and excluding technical data.

•HR 1422 EHSEC. 4

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