new kirk menendez 2
TRANSCRIPT
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113TH CONGRESS1ST SESSION S.
llTo expand sanctions imposed with respect to Iran and to impose additional
sanctions with respect to Iran, and for other purposes.
IN THE SENATE OF THE UNITED STATES
llllllllll
Mr. MENENDEZ (for himself, Mr. KIRK, and Mr. SCHUMER) introduced thefollowing bill; which was read twice and referred to the Committee on
llllllllll
A BILL
To expand sanctions imposed with respect to Iran and to
impose additional sanctions with respect to Iran, andfor other purposes.
Be it enacted by the Senate and House of Representa-1
tives of the United States of America in Congress assembled,2
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.3
(a) SHORT TITLE.This Act may be cited as the4
Nuclear Weapon Free Iran Act of 2013.5
(b) TABLE OF CONTENTS.The table of contents for6
this Act is as follows:7
Sec. 1. Short title; table of contents.
Sec. 2. Sense of Congress on nuclear weapon capabilities of Iran.
TITLE IEXPANSION AND IMPOSITION OF SANCTIONS
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Sec. 101. Applicability of sanctions with respect to petroleum transactions.
Sec. 102. Ineligibility for exception to certain sanctions for countries that do
not reduce purchases of petroleum from Iran or of Iranian ori-
gin to a de minimis level.
Sec. 103. Imposition of sanctions with respect to ports, special economic zones,
and strategic sectors of Iran.
Sec. 104. Identification of, and imposition of sanctions with respect to, certainIranian individuals.
Sec. 105. Imposition of sanctions with respect to transactions in foreign cur-
rencies with or for certain sanctioned persons.
Sec. 106. Sense of Congress on prospective sanctions.
TITLE IIENFORCEMENT OF SANCTIONS
Sec. 201. Sense of Congress on the provision of specialized financial messaging
services to the Central Bank of Iran and other sanctioned Ira-
nian financial institutions.
Sec. 202. Inclusion of transfers of goods, services, and technologies to strategic
sectors of Iran for purposes of identifying Destinations of Di-
version Concern.
Sec. 203. Authorization of additional measures with respect to Destinations of
Diversion Concern.
Sec. 204. Sense of Congress on increased staffing for agencies involved in the
implementation and enforcement of sanctions against Iran.
TITLE IIIIMPLEMENTATION OF SANCTIONS
Sec. 301. Suspension of sanctions to facilitate a diplomatic solution.
TITLE IVGENERAL PROVISIONS
Sec. 401. Exception for Afghanistan reconstruction.
Sec. 402. Exception for import restrictions.
Sec. 403. Applicability to certain intelligence activities.Sec. 404. Applicability to certain natural gas projects.
Sec. 405. Rule of construction with respect to the use of force against Iran.
TITLE VMISCELLANEOUS
Sec. 501. Categories of aliens for purposes of refugee determinations.
SEC. 2. SENSE OF CONGRESS ON NUCLEAR WEAPON CAPA-1
BILITIES OF IRAN.2
(a) FINDINGS.Congress makes the following find-3
ings:4
(1) The Government of Iran continues to ex-5
pand the nuclear and missile programs of Iran in6
violation of multiple United Nations Security Coun-7
cil resolutions.8
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(2) The Government of Iran has a decades-long1
track record of violating commitments regarding the2
nuclear program of Iran and has used diplomatic ne-3
gotiations as a subterfuge to advance its nuclear4
weapons program.5
(3) Iran remains the worlds foremost state6
sponsor of terrorism, having directed, supported,7
and financed acts of terrorism against the United8
States and its allies that have resulted in the thou-9
sands of deaths, including the deaths of United10
States citizens and members of the Armed Forces of11
the United States.12
(4) The Government of Iran and its terrorist13
proxies, particularly Lebanese Hezbollah, continue to14
provide military and financial support to the regime15
of Bashar al-Assad in Syria, aiding that regime in16
the mass killing of the people of Syria.17
(5) The Government of Iran continues to sow18
instability in the Middle East and threaten its neigh-19
bors, including allies of the United States, such as20
Israel.21
(6) The Government of Iran denies its people22
fundamental freedoms, including freedom of the23
press, freedom of assembly, freedom of religion, and24
freedom of conscience.25
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(b) SENSE OF CONGRESS.It is the sense of Con-1
gress that2
(1) the Government of Iran must not be allowed3
to develop or maintain nuclear weapon capabilities;4
(2) all instruments of power and influence of5
the United States should remain on the table to pre-6
vent the Government of Iran from developing nu-7
clear weapon capabilities;8
(3) the Government of Iran does not have an9
absolute or inherent right to enrichment and reproc-10
essing capabilities and technologies under the Treaty11
on the Non-Proliferation of Nuclear Weapons, done12
at Washington, London, and Moscow July 1, 1968,13
and entered into force March 5, 1970 (commonly14
known as the Nuclear Non-Proliferation Treaty);15
(4) a violation by Iran of any interim or final16
agreement with respect to the nuclear program of17
Iran should result in the immediate imposition of18
economic sanctions, including on petroleum-related19
exports from Iran;20
(5) if the Government of Israel is compelled to21
take military action in legitimate self-defense against22
Irans nuclear weapon program, the United States23
Government should stand with Israel and provide, in24
accordance with the law of the United States and25
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the constitutional responsibility of Congress to au-1
thorize the use of military force, diplomatic, military,2
and economic support to the Government of Israel in3
its defense of its territory, people, and existence;4
(6) the United States should continue to impose5
sanctions on the Government of Iran and its ter-6
rorist proxies for their continuing sponsorship of ter-7
rorism; and8
(7) the United States should continue to impose9
sanctions on the Government of Iran for10
(A) its ongoing abuses of human rights;11
and12
(B) its actions in support of Bashar al-13
Assad in Syria.14
TITLE IEXPANSION AND15
IMPOSITION OF SANCTIONS16
SEC. 101. APPLICABILITY OF SANCTIONS WITH RESPECT TO17
PETROLEUM TRANSACTIONS.18
(a) IN GENERAL.Section 1245(d)(4)(D)(i) of the19
National Defense Authorization Act for Fiscal Year 201220
(22 U.S.C. 8513a(d)(4)(D)(i)) is amended21
(1) in subclause (I), by striking reduced re-22
duced its volume of crude oil purchases from Iran23
and inserting reduced the volume of its purchases24
of petroleum from Iran or of Iranian origin; and25
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(2) in subclause (II), by striking crude oil pur-1
chases from Iran and inserting purchases of pe-2
troleum from Iran or of Iranian origin.3
(b) DEFINITIONS.Section 1245(h) of the National4
Defense Authorization Act for Fiscal Year 2012 (225
U.S.C. 8513a(h)) is amended6
(1) by redesignating paragraphs (3) and (4) as7
paragraphs (5) and (6), respectively; and8
(2) by inserting after paragraph (2) the fol-9
lowing:10
(3) IRANIAN ORIGIN.The term Iranian ori-11
gin, with respect to petroleum, means extracted,12
produced, or refined in Iran.13
(4) PETROLEUM.The term petroleum in-14
cludes crude oil, lease condensates, fuel oils, and15
other unfinished oils..16
(c) CONFORMING AMENDMENTS.Section 102(b) of17
the Iran Threat Reduction and Syria Human Rights Act18
of 2012 (22 U.S.C. 8712(b)) is amended19
(1) in paragraph (3)20
(A) by striking crude oil purchases from21
Iran and inserting purchases of petroleum22
from Iran or of Iranian origin; and23
(B) by striking as amended by section24
504,; and25
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(2) in paragraph (4), by striking crude oil pur-1
chases and inserting purchases of petroleum from2
Iran or of Iranian origin.3
(d) EFFECTIVE DATE.The amendments made by4
this section shall apply with respect to determinations5
under section 1245(d)(4)(D)(i) of the National Defense6
Authorization Act for Fiscal Year 2012 (22 U.S.C.7
8513a(d)(4)(D)(i)) on or after the date that is 90 days8
after the date of the enactment of this Act.9
SEC. 102. INELIGIBILITY FOR EXCEPTION TO CERTAIN10
SANCTIONS FOR COUNTRIES THAT DO NOT11
REDUCE PURCHASES OF PETROLEUM FROM12
IRAN OR OF IRANIAN ORIGIN TO A DE MINI-13
MIS LEVEL.14
(a) STATEMENT OF POLICY.It is the policy of the15
United States to seek to ensure that all countries reduce16
their purchases of crude oil, lease condensates, fuel oils,17
and other unfinished oils from Iran or of Iranian origin18
to a de minimis level by the end of the 1-year period begin-19
ning on the date of the enactment of this Act.20
(b) INELIGIBILITY FOR EXCEPTIONS TO SANC-21
TIONS.Section 1245(d)(4)(D) of the National Defense22
Authorization Act for Fiscal Year 2012 (22 U.S.C.23
8513a(d)(4)(D)) is amended by adding at the end the fol-24
lowing:25
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(iii) INELIGIBILITY FOR EXCEP-1
TION.2
(I) IN GENERAL.A country3
that purchased petroleum from Iran4
or of Iranian origin during the one-5
year period preceding the date of the6
enactment of the Nuclear Weapon7
Free Iran Act of 2013 may continue8
to receive an exception under clause9
(i) on or after the date that is one10
year after such date of enactment11
only12
(aa) if the country reduces13
its purchases of petroleum from14
Iran or of Iranian origin to a de15
minimis level by the end of the16
one-year period beginning on17
such date of enactment; or18
(bb) as provided in sub-19
clause (II) or (III).20
(II) COUNTRIES THAT DRA-21
MATICALLY REDUCE PURCHASES.22
(aa) IN GENERAL.A23
country that would otherwise be24
ineligible pursuant to subclause25
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(I)(aa) to receive an exception1
under clause (i) may continue to2
receive such an exception during3
the one-year period beginning on4
the date that is one year after5
the date of the enactment of the6
Nuclear Weapon Free Iran Act7
of 2013 if the country8
(AA) dramatically re-9
duces by at least 30 percent10
its purchases of petroleum11
from Iran or of Iranian ori-12
gin during the one-year pe-13
riod beginning on such date14
of enactment; and15
(BB) is expected to16
reduce its purchases of pe-17
troleum from Iran or of Ira-18
nian origin to a de minimis19
level within a defined period20
of time that is not longer21
than 2 years after such date22
of enactment.23
(bb) TERMINATION OF EX-24
CEPTION.If a country that con-25
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tinues to receive an exception1
under clause (i) pursuant to item2
(aa) does not reduce its pur-3
chases of petroleum from Iran or4
of Iranian origin to a de minimis5
level by the date that is 2 years6
after the date of the enactment7
of the Nuclear Weapon Free Iran8
Act of 2013, that country shall9
not be eligible for such an excep-10
tion on or after the date that is11
2 years after such date of enact-12
ment.13
(III) REINSTATEMENT OF ELI-14
GIBILITY FOR EXCEPTION.A country15
that becomes ineligible for an excep-16
tion under clause (i) pursuant to sub-17
clause (I) or (II) shall be eligible for18
such an exception in accordance with19
the provisions of clause (i) on and20
after the date on which the President21
determines the country has reduced22
its purchases of petroleum from Iran23
or of Iranian origin to a de minimis24
level..25
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(c) CONFORMING AMENDMENT.Section1
1245(d)(4)(D)(i) of the National Defense Authorization2
Act for Fiscal Year 2012 (22 U.S.C. 8513a(d)(4)(D)(i))3
is amended in the matter preceding subclause (I) by strik-4
ing Sanctions imposed and inserting Except as pro-5
vided in clause (iii), sanctions imposed.6
SEC. 103. IMPOSITION OF SANCTIONS WITH RESPECT TO7
PORTS, SPECIAL ECONOMIC ZONES, AND8
STRATEGIC SECTORS OF IRAN.9
(a) FINDINGS.Section 1244(a)(1) of the Iran Free-10
dom and Counter-Proliferation Act of 2012 (22 U.S.C.11
8803(a)(1)) is amended by striking and shipbuilding12
and inserting shipbuilding, construction, engineering,13
and mining.14
(b) EXPANSION OF DESIGNATION OF ENTITIES OF15
PROLIFERATION CONCERN.Section 1244(b) of the Iran16
Freedom and Counter-Proliferation Act of 2012 (2217
U.S.C. 8803(b)) is amended by striking in Iran and enti-18
ties in the energy, shipping, and shipbuilding sectors and19
inserting , special economic zones, or free economic zones20
in Iran, and entities in strategic sectors.21
(c) EXPANSION OF ENTITIES SUBJECT TO ASSET22
FREEZE.Section 1244(c) of the Iran Freedom and23
Counter-Proliferation Act of 2012 (22 U.S.C. 8803(c)) is24
amended25
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(1) in paragraph (1)(A), by striking the date1
that is 180 days after the date of the enactment of2
this Act and inserting the date that is 90 days3
after the date of the enactment of the Nuclear4
Weapon Free Iran Act of 2013; and5
(2) in paragraph (2)6
(A) in the matter preceding subparagraph7
(A), by striking the date that is 180 days after8
the date of the enactment of this Act and in-9
serting the date that is 90 days after the date10
of the enactment of the Nuclear Weapon Free11
Iran Act of 2013;12
(B) by striking the energy, shipping, or13
shipbuilding sectors each place it appears and14
inserting a strategic sector; and15
(C) by inserting , special economic zone,16
or free economic zone after port each place17
it appears; and18
(3) by adding at the end the following:19
(4) STRATEGIC SECTOR DEFINED.20
(A) IN GENERAL.In this section, the21
term strategic sector means22
(i) the energy, shipping, ship-23
building, and mining sectors of Iran;24
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(ii) except as provided in subpara-1
graph (B), the construction and engineer-2
ing sectors of Iran; and3
(iii) any other sector the President4
designates as of strategic importance to5
Iran.6
(B) EXCEPTION FOR CONSTRUCTION AND7
ENGINEERING OF SCHOOLS, HOSPITALS, AND8
SIMILAR FACILITIES.For purposes of this sec-9
tion, a person engaged in the construction or10
engineering of schools, hospitals, or similar fa-11
cilities (as determined by the President) shall12
not be considered part of a strategic sector of13
Iran.14
(C) NOTIFICATION OF STRATEGIC SEC-15
TOR DESIGNATION.The President shall sub-16
mit to Congress a notification of the designa-17
tion of a sector as a strategic sector of Iran for18
purposes of subparagraph (A)(iii) not later than19
5 days after the date on which the President20
makes the designation..21
(d) ADDITIONAL SANCTIONS WITH RESPECT TO22
STRATEGIC SECTORS.Section 1244(d) of the Iran Free-23
dom and Counter-Proliferation Act of 2012 (22 U.S.C.24
8803(d)) is amended25
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(1) in paragraph (1)(A), by striking the date1
that is 180 days after the date of the enactment of2
this Act and inserting the date that is 90 days3
after the date of the enactment of the Nuclear4
Weapon Free Iran Act of 2013;5
(2) in paragraph (2), by striking the date that6
is 180 days after the date of the enactment of this7
Act and inserting the date that is 90 days after8
the date of the enactment of the Nuclear Weapon9
Free Iran Act of 2013; and10
(3) in paragraph (3), by striking the energy,11
shipping, or shipbuilding sectors and inserting a12
strategic sector.13
(e) SALE, SUPPLY, OR TRANSFER OF CERTAIN MA-14
TERIALS TO OR FROM IRAN.Section 1245 of the Iran15
Freedom and Counter-Proliferation Act of 2012 (2216
U.S.C. 8804) is amended17
(1) in subsection (a)(1)18
(A) in the matter preceding subparagraph19
(A), by striking the date that is 180 days after20
the date of the enactment of this Act and in-21
serting the date that is 90 days after the date22
of the enactment of the Nuclear Weapon Free23
Iran Act of 2013; and24
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(B) in subparagraph (C)(i)(I), by striking1
the energy, shipping, or shipbuilding sectors2
and inserting a strategic sector (as defined in3
section 1244(c)(4)); and4
(2) in subsection (c), by striking the date that5
is 180 days after the date of the enactment of this6
Act and inserting the date that is 90 days after7
the date of the enactment of the Nuclear Weapon8
Free Iran Act of 2013.9
(f) PROVISION OF INSURANCE TO SANCTIONED PER-10
SONS.Section 1246(a)(1) of the Iran Freedom and11
Counter-Proliferation Act of 2012 (22 U.S.C. 8805(a)(1))12
is amended13
(1) in the matter preceding subparagraph (A),14
by striking the date that is 180 days after the date15
of the enactment of this Act and inserting the16
date that is 90 days after the date of the enactment17
of the Nuclear Weapon Free Iran Act of 2013; and18
(2) in subparagraph (B)(i), by striking the en-19
ergy, shipping, or shipbuilding sectors and insert-20
ing a strategic sector (as defined in section21
1244(c)(4)).22
(g) CONFORMING AMENDMENTS.Section 1244 of23
the Iran Freedom and Counter-Proliferation Act of 201224
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(22 U.S.C. 8803), as amended by subsections (a), (b), (c),1
and (d), is further amended2
(1) in the section heading, by striking THE3
ENERGY, SHIPPING, AND SHIPBUILDING and4
inserting CERTAIN PORTS, ECONOMIC ZONES,5
AND;6
(2) in subsection (b), in the subsection heading,7
by striking PORTS AND ENTITIES IN THE ENERGY,8
SHIPPING, AND SHIPBUILDING SECTORS OF IRAN9
and inserting CERTAIN ENTITIES;10
(3) in subsection (c), in the subsection heading,11
by striking ENTITIES IN ENERGY, SHIPPING, AND12
SHIPBUILDING SECTORS and inserting CERTAIN13
ENTITIES; and14
(4) in subsection (d), in the subsection heading,15
by striking THE ENERGY, SHIPPING, AND SHIP-16
BUILDING and inserting STRATEGIC.17
SEC. 104. IDENTIFICATION OF, AND IMPOSITION OF SANC-18
TIONS WITH RESPECT TO, CERTAIN IRANIAN19
INDIVIDUALS.20
(a) EXPANSION OF INDIVIDUALS IDENTIFIED.Sec-21
tion 221(a) of the Iran Threat Reduction and Syria22
Human Rights Act of 2012 (22 U.S.C. 8727(a)) is amend-23
ed24
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(B) who was involved in the activity for1
which the entity was designated for the imposi-2
tion of sanctions..3
(b) EXPANSION OF SENIOR OFFICIALS DE-4
SCRIBED.Section 221(b) of the Iran Threat Reduction5
and Syria Human Rights Act of 2012 (22 U.S.C. 8727(b))6
is amended7
(1) in paragraph (5), by striking ; or and in-8
serting a semicolon;9
(2) in paragraph (6), by striking the period at10
the end and inserting ; or; and11
(3) by adding at the end the following:12
(7) a senior official of13
(A) the Office of the Supreme Leader of14
Iran;15
(B) the Atomic Energy Organization of16
Iran;17
(C) the Islamic Consultative Assembly of18
Iran;19
(D) the Council of Ministers of Iran;20
(E) the Ministry of Defense and Armed21
Forces Logistics of Iran;22
(F) the Ministry of Justice of Iran;23
(G) the Ministry of Interior of Iran;24
(H) the prison system of Iran; or25
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(I) the judicial system of Iran..1
(c) BLOCKING OF PROPERTY.Section 221 of the2
Iran Threat Reduction and Syria Human Rights Act of3
2012 (22 U.S.C. 8727) is amended4
(1) by redesignating subsections (d) and (e) as5
subsections (e) and (f), respectively; and6
(2) by inserting after subsection (c) the fol-7
lowing:8
(d) BLOCKING OF PROPERTY.9
(1) OFFICIALS AND OTHER ACTORS.In the10
case of an individual described in paragraph (1), (3),11
(4), or (5) of subsection (a) who is on the list re-12
quired by that subsection, the President shall block13
and prohibit all transactions in all property and in-14
terests in property of that individual if such property15
or interests in property are in the United States,16
come within the United States, or are or come with-17
in the possession or control of a United States per-18
son.19
(2) FAMILY MEMBERS.In the case of an in-20
dividual described in paragraph (2) of subsection (a)21
who is on the list required by that subsection, the22
President shall block and prohibit a transaction in23
property or an interest in property of that individual24
if the property or interest in property25
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(A) was transferred to that individual1
from an individual described in paragraph (1)2
of subsection (a) who is on the list required by3
that subsection; and4
(B) is in the United States, comes within5
the United States, or is or comes within the6
possession or control of a United States per-7
son..8
(d) CONFORMINGAMENDMENTS.Section 221 of the9
Iran Threat Reduction and Syria Human Rights Act of10
2012 (22 U.S.C. 8727), as amended by subsections (a),11
(b), and (c), is further amended12
(1) by striking the section heading and insert-13
ing IDENTIFICATION OF, AND IMPOSITION OF14
SANCTIONS WITH RESPECT TO, CERTAIN IRA-15
NIAN INDIVIDUALS;16
(2) in subsection (a), by striking the date of17
the enactment of this Act and inserting the date18
of the enactment of the Nuclear Weapon Free Iran19
Act of 2013; and20
(3) in subsection (c), by striking subsection21
(d) and inserting subsection (e).22
(e) CLERICAL AMENDMENT.The table of contents23
for the Iran Threat Reduction and Syria Human Rights24
Act of 2012 (22 U.S.C. 8701 et seq.) is amended by strik-25
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ing the item relating to section 221 and inserting the fol-1
lowing:2
Sec. 221. Identification of, and imposition of sanctions with respect to, certain
Iranian individuals..
SEC. 105. IMPOSITION OF SANCTIONS WITH RESPECT TO3
TRANSACTIONS IN FOREIGN CURRENCIES4
WITH OR FOR CERTAIN SANCTIONED PER-5
SONS.6
(a) IN GENERAL.Title II of the Iran Threat Reduc-7
tion and Syria Human Rights Act of 2012 (22 U.S.C.8
8721 et seq.) is amended9
(1) by inserting after section 221 the following:10
Subtitle COther Matters;11
(2) by redesignating sections 222, 223, and 22412
as sections 231, 232, and 233, respectively; and13
(3) by inserting after section 221 the following:14
SEC. 222. IMPOSITION OF SANCTIONS WITH RESPECT TO15
TRANSACTIONS IN FOREIGN CURRENCIES16
WITH CERTAIN SANCTIONED PERSONS.17
(a) IMPOSITION OF SANCTIONS.The President18
(1) shall prohibit the opening, and prohibit or19
impose strict conditions on the maintaining, in the20
United States of a correspondent account or a pay-21
able-through account by a foreign financial institu-22
tion that knowingly conducts or facilitates a trans-23
action described in subsection (b)(1); and24
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(2) may impose sanctions pursuant to the1
International Emergency Economic Powers Act (502
U.S.C. 1701 et seq.) with respect to any other per-3
son that knowingly conducts or facilitates such a4
transaction.5
(b) TRANSACTIONS DESCRIBED.6
(1) IN GENERAL.A transaction described in7
this subsection is a significant transaction conducted8
or facilitated by a person related to the currency of9
a country other than the country with primary juris-10
diction over the person with, for, or on behalf of11
(A) the Central Bank of Iran or an Ira-12
nian financial institution designated by the Sec-13
retary of the Treasury for the imposition of14
sanctions pursuant to the International Emer-15
gency Economic Powers Act; or16
(B) a person described in section17
1244(c)(2) of the Iran Freedom and Counter-18
Proliferation Act of 2012 (22 U.S.C.19
8803(c)(2)) (other than a person described in20
subparagraph (C)(iii) of that subsection).21
(2) PRIMARY JURISDICTION.For purposes of22
paragraph (1), a country in which a person operates23
shall be deemed to have primary jurisdiction over24
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the person only with respect to the operations of the1
person in that country.2
(c) APPLICABILITY.Subsection (a) shall apply3
with respect to a transaction described in subsection4
(b)(1) conducted or facilitated5
(1) on or after the date that is 90 days after6
the date of the enactment of the Nuclear Weapon7
Free Iran Act of 2013 pursuant to a contract en-8
tered into on or after such date of enactment; and9
(2) on or after the date that is 180 days after10
such date of enactment pursuant to a contract en-11
tered into before such date of enactment.12
(d) INAPPLICABILITY TO HUMANITARIAN TRANS-13
ACTIONS.The President may not impose sanctions under14
subsection (a) with respect to any person for conducting15
or facilitating a transaction for the sale of agricultural16
commodities, food, medicine, or medical devices to Iran or17
for the provision of humanitarian assistance to the people18
of Iran.19
(e) WAIVER.20
(1) IN GENERAL.The President may waive21
the application of subsection (a) with respect to a22
person for a period of not more than 180 days, and23
may renew that waiver for additional periods of not24
more than 180 days, if the President25
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25
MRW13A23 S.L.C.
(A) determines that the waiver is impor-1
tant to the national interest of the United2
States; and3
(B) not less than 15 days after the waiver4
or the renewal of the waiver, as the case may5
be, takes effect, submits a report to the appro-6
priate congressional committees on the waiver7
and the reason for the waiver.8
(2) FORM OF REPORT.Each report sub-9
mitted under paragraph (1)(B) shall be submitted in10
unclassified form but may contain a classified annex.11
(f) DEFINITIONS.In this section:12
(1) FINANCIAL INSTITUTION; IRANIAN FINAN-13
CIAL INSTITUTION.The terms financial institution14
and Iranian financial institution have the meanings15
given those terms in section 104A(d) of the Com-16
prehensive Iran Sanctions, Accountability, and Di-17
vestment Act of 2010 (22 U.S.C. 8513b(d)).18
(2) TRANSACTION.The term transaction in-19
cludes a foreign exchange swap, a foreign exchange20
forward, and any other type of currency exchange or21
conversion or derivative instrument..22
(b) ADDITIONAL DEFINITIONS.Section 2 of the23
Iran Threat Reduction and Syria Human Rights Act (2224
U.S.C. 8701) is amended25
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MRW13A23 S.L.C.
(1) by redesignating paragraphs (2), (3), and1
(4) as paragraphs (5), (6), and (9), respectively;2
(2) by striking paragraph (1) and inserting the3
following:4
(1) ACCOUNT; CORRESPONDENT ACCOUNT;5
PAYABLE-THROUGH ACCOUNT.The terms ac-6
count, correspondent account, and payable-7
through account have the meanings given those8
terms in section 5318A of title 31, United States9
Code.10
(2) AGRICULTURAL COMMODITY.The term11
agricultural commodity has the meaning given that12
term in section 102 of the Agricultural Trade Act of13
1978 (7 U.S.C. 5602).14
(3) APPROPRIATE CONGRESSIONAL COMMIT-15
TEES.The term appropriate congressional com-16
mittees has the meaning given that term in section17
14 of the Iran Sanctions Act of 1996 (Public Law18
104172; 50 U.S.C. 1701 note).19
(4) DOMESTIC FINANCIAL INSTITUTION; FOR-20
EIGN FINANCIAL INSTITUTION.The terms domes-21
tic financial institution and foreign financial insti-22
tution have the meanings determined by the Sec-23
retary of the Treasury pursuant to section 104(i) of24
the Comprehensive Iran Sanctions, Accountability,25
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MRW13A23 S.L.C.
and Divestment Act of 2010 (22 U.S.C. 8513(i)).;1
and2
(3) by inserting after paragraph (6), as redesig-3
nated by paragraph (1), the following:4
(7) MEDICAL DEVICE.The term medical de-5
vice has the meaning given the term device in sec-6
tion 201 of the Federal Food, Drug, and Cosmetic7
Act (21 U.S.C. 321).8
(8) MEDICINE.The term medicine has the9
meaning given the term drug in section 201 of the10
Federal Food, Drug, and Cosmetic Act (21 U.S.C.11
321)..12
(c) CLERICAL AMENDMENT.The table of contents13
for the Iran Threat Reduction and Syria Human Rights14
Act of 2012 is amended by striking the items relating to15
sections 222, 223, and 224 and inserting the following:16
Sec. 222. Imposition of sanctions with respect to transactions in foreign cur-
rencies with certain sanctioned persons.
Subtitle COther Matters
Sec. 231. Sense of Congress and rule of construction relating to certain au-
thorities of State and local governments.
Sec. 232. Government Accountability Office report on foreign entities that in-
vest in the energy sector of Iran or export refined petroleum
products to Iran.
Sec. 233. Reporting on the importation to and exportation from Iran of crudeoil and refined petroleum products..
SEC. 106. SENSE OF CONGRESS ON PROSPECTIVE SANC-17
TIONS.18
It is the sense of Congress that, if additional sanc-19
tions are imposed pursuant to this Act and the Govern-20
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specialized financial messaging services to the Cen-1
tral Bank of Iran and other sanctioned Iranian fi-2
nancial institutions;3
(3) in order to continue to sharply restrict ac-4
cess by Iran to the global financial system, the5
President and the European Union must continue to6
expeditiously address any judicial, administrative, or7
other decisions in their respective jurisdictions that8
might weaken the current multilateral sanctions re-9
gime, including decisions regarding the designation10
of financial institutions and global specialized finan-11
cial messaging service providers for sanctions; and12
(4) existing restrictions on the access of Iran to13
global specialized financial messaging services should14
be maintained.15
SEC. 202. INCLUSION OF TRANSFERS OF GOODS, SERVICES,16
AND TECHNOLOGIES TO STRATEGIC SEC-17
TORS OF IRAN FOR PURPOSES OF IDENTI-18
FYING DESTINATIONS OF DIVERSION CON-19
CERN.20
(a) IN GENERAL.Section 302(b) of the Comprehen-21
sive Iran Sanctions, Accountability, and Divestment Act22
of 2010 (22 U.S.C. 8542(b)) is amended23
(1) in paragraph (1)24
(A) in subparagraph (B)25
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MRW13A23 S.L.C.
(i) in clause (ii), by striking ; or1
and inserting a semicolon;2
(ii) in clause (iii), by striking ; and3
and inserting ; or; and4
(iii) by adding at the end the fol-5
lowing:6
(iv) strategic sectors; and; and7
(B) in subparagraph (C)(ii), by striking ;8
or and inserting a semicolon;9
(2) in paragraph (2), by striking the period at10
the end and inserting ; or; and11
(3) by adding at the end the following:12
(3) that will be sold, transferred, or otherwise13
made available to a strategic sector of Iran..14
(b) STRATEGIC SECTOR DEFINED.Section 301 of15
the Comprehensive Iran Sanctions, Accountability, and16
Divestment Act of 2010 (22 U.S.C. 8541) is amended17
(1) by redesignating paragraph (14) as para-18
graph (15); and19
(2) by inserting after paragraph (13) the fol-20
lowing:21
(14) STRATEGIC SECTOR.The term strategic22
sector has the meaning given that term in section23
1244(c)(4) of the Iran Freedom and Counter-Pro-24
liferation Act of 2012..25
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MRW13A23 S.L.C.
(c) SUBMISSION OF REPORT.Section 302(a) of the1
Comprehensive Iran Sanctions, Accountability, and Di-2
vestment Act of 2010 (22 U.S.C. 8542(a)) is amended by3
striking 180 days after the date of the enactment of this4
Act and inserting 90 days after the date of the enact-5
ment of the Nuclear Weapon Free Iran Act of 2013.6
SEC. 203. AUTHORIZATION OF ADDITIONAL MEASURES7
WITH RESPECT TO DESTINATIONS OF DIVER-8
SION CONCERN.9
(a) IN GENERAL.Section 303(c) of the Comprehen-10
sive Iran Sanctions, Accountability, and Divestment Act11
of 2010 (22 U.S.C. 8543(c)) is amended12
(1) by striking Not later than and inserting13
the following:14
(1) LICENSING REQUIREMENT.Not later15
than; and16
(2) by adding at the end the following:17
(2) ADDITIONAL MEASURES.The President18
may19
(A) impose restrictions on United States20
foreign assistance or measures authorized under21
the International Emergency Economic Powers22
Act (50 U.S.C. 1701 et seq.) with respect to a23
country designated as a Destination of Diver-24
sion Concern under subsection (a) if the Presi-25
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MRW13A23 S.L.C.
dent determines that those restrictions or meas-1
ures would prevent the diversion of goods, serv-2
ices, and technologies described in section3
302(b) to Iranian end-users or Iranian inter-4
mediaries; or5
(B) prohibit the issuance of a license6
under section 38 of the Arms Export Control7
Act (22 U.S.C. 2778) for the export to such a8
country of a defense article or defense service9
for which a notification to Congress would be10
required under section 36(b) of that Act (2211
U.S.C. 2776(b)).12
(3) REPORT REQUIRED.Not later than 9013
days after the date of the enactment of the Nuclear14
Weapon Free Iran Act of 2013, and every 90 days15
thereafter, the President shall submit to the appro-16
priate congressional committees a report17
(A) identifying countries that have al-18
lowed the diversion through the country of19
goods, services, or technologies described in sec-20
tion 302(b) to Iranian end-users or Iranian21
intermediaries during the 180-day period pre-22
ceding the submission of the report;23
(B) identifying the persons that engaged24
in such diversion during that period; and25
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MRW13A23 S.L.C.
(C) describing the activities relating to di-1
version in which those countries and persons2
engaged..3
(b) CONFORMINGAMENDMENTS.Section 303 of the4
Comprehensive Iran Sanctions, Accountability, and Di-5
vestment Act of 2010 (22 U.S.C. 8543) is amended6
(1) in subsection (c), in the subsection heading,7
by striking LICENSING REQUIREMENT and insert-8
ing LICENSING AND OTHER MEASURES; and9
(2) in subsection (d)10
(A) in paragraph (1), by striking sub-11
section (c) and inserting subsection (c)(1);12
(B) in paragraph (2), by striking sub-13
section (c) and inserting subsection (c)(1);14
and15
(C) in paragraph (3), by striking is it16
and inserting it is.17
SEC. 204. SENSE OF CONGRESS ON INCREASED STAFFING18
FOR AGENCIES INVOLVED IN THE IMPLEMEN-19
TATION AND ENFORCEMENT OF SANCTIONS20
AGAINST IRAN.21
It is the sense of Congress that22
(1) when the President submits the Presidents23
budget for fiscal year 2015 to Congress under sec-24
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MRW13A23 S.L.C.
dent submits a notification described in paragraph1
(5) to the appropriate congressional committees, if2
the President makes the certification described in3
paragraph (2) to the appropriate congressional com-4
mittees every 30 days during that period.5
(2) CERTIFICATION DESCRIBED.A certifi-6
cation described in this paragraph is a certification7
that8
(A) Iran is complying with the provisions9
of the Joint Plan of Action and any agreement10
to implement the Joint Plan of Action;11
(B) Iran has agreed to specific and12
verifiable measures to implement the Joint Plan13
of Action;14
(C) Iran is transparently, verifiably, and15
fully implementing the Joint Plan of Action and16
any agreement to implement the Joint Plan of17
Action;18
(D) Iran has not breached the terms of or19
any commitment made pursuant to the Joint20
Plan of Action or any agreement to implement21
the Joint Plan of Action;22
(E) Iran is proactively and in good faith23
engaged in negotiations toward a final agree-24
ment or arrangement to terminate its illicit nu-25
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36
MRW13A23 S.L.C.
clear activities, related weaponization activities,1
and any other nuclear activity not required for2
a civilian nuclear program;3
(F) the United States is working toward a4
final agreement or arrangement that will dis-5
mantle Irans illicit nuclear infrastructure to6
prevent Iran from achieving a nuclear weapons7
capability and permit daily verification, moni-8
toring, and inspections of suspect facilities in9
Iran so that an effort by Iran to produce a nu-10
clear weapon would be quickly detected;11
(G) any suspension of or relief from sanc-12
tions provided to Iran pursuant to the Joint13
Plan of Action is temporary, reversible, and14
proportionate to the specific and verifiable15
measures taken by Iran with respect to termi-16
nating its illicit nuclear program and related17
weaponization activities;18
(H) Iran has not directly, or through a19
proxy, supported, financed, planned, or other-20
wise carried out an act of terrorism against the21
United States or United States persons or22
property anywhere in the world;23
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MRW13A23 S.L.C.
(4) TERMINATION OF SUSPENSION OF EXISTING1
SANCTIONS.2
(A) IN GENERAL.Any sanctions deferred,3
waived, or otherwise suspended by the Presi-4
dent pursuant to the Joint Plan of Action or5
any agreement to implement the Joint Plan of6
Action, including sanctions suspended under7
this section and sanctions relating to precious8
metals, petrochemicals, Irans automotive sec-9
tor, and sanctions pursuant to section 1245 of10
the National Defense Authorization Act for Fis-11
cal Year 2012 (22 U.S.C. 8513a), shall be rein-12
stated immediately if13
(i)(I) during the 180-day period de-14
scribed in paragraph (1), the President15
does not submit a certification every 3016
days pursuant that paragraph; or17
(II) the President does not renew the18
suspension of sanctions pursuant to para-19
graph (3);20
(ii) Iran breaches its commitments21
under either the Joint Plan of Act or a22
final agreement or arrangement described23
in subsection (b)(1); or24
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MRW13A23 S.L.C.
(iii) no final arrangement or agree-1
ment is reached with Iran by the earlier of2
the date that is 240 days after3
(I) the date of the enactment of4
this Act; or5
(II) the date on which the Presi-6
dent submits a notification described7
in paragraph (5) to the appropriate8
congressional committees.9
(B) WAIVER.10
(i) IN GENERAL.The President may11
waive the reinstatement of any sanction12
under subparagraph (A)(iii) for periods of13
not more than 30 days during the period14
specified in clause (ii) if, for each such15
waiver, the President submits to the appro-16
priate congressional committees17
(I) a notification of the waiver;18
(II) a certification described in19
paragraph (2) that covers the 30 days20
preceding the certification;21
(III) a certification that the waiv-22
er is vital to the national security in-23
terests of the United States with re-24
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MRW13A23 S.L.C.
spect to the dismantlement of Irans1
illicit nuclear weapons program; and2
(IV) a detailed report on the sta-3
tus of the negotiations with the Gov-4
ernment of Iran on a final agreement5
or arrangement to terminate its illicit6
nuclear program and related7
weaponization activities, including an8
assessment of prospects for and the9
expected timeline to reach such an10
agreement or arrangement.11
(ii) PERIOD SPECIFIED.The period12
specified in this clause is the period that13
begins on the date of the enactment of this14
Act and ends on the earlier of the date15
that is one year after16
(I) such date of enactment; or17
(II) the date on which the Presi-18
dent submits a notification described19
in paragraph (5) to the appropriate20
congressional committees.21
(5) NOTIFICATION RELATING TO AGREEMENT22
TO IMPLEMENT JOINT PLAN OF ACTION.Not later23
than 3 days after Iran has agreed to specific and24
verifiable measures to implement the Joint Plan of25
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MRW13A23 S.L.C.
Action, the President shall notify the appropriate1
congressional committees of that agreement.2
(b) SUSPENSION FOR A FINAL AGREEMENT OR AR-3
RANGEMENT.4
(1) IN GENERAL.Unless a joint resolution of5
disapproval is enacted pursuant to subsection (c),6
the President may suspend the application of sanc-7
tions imposed under this Act or amendments made8
by this Act for a one-year period if the President9
certifies to the appropriate congressional committees10
that the United States and its allies have reached a11
final and verifiable agreement or arrangement with12
Iran that will13
(A) dismantle Irans illicit nuclear infra-14
structure, including enrichment and reprocess-15
ing capabilities and facilities, the heavy water16
reactor and production plant at Arak, and any17
nuclear weapon components and technology, so18
that Iran is precluded from a nuclear breakout19
capability and prevented from pursuing both20
uranium and plutonium pathways to a nuclear21
weapon;22
(B) bring Iran into compliance with all23
United Nations Security Council resolutions re-24
lated to Irans nuclear program, including Reso-25
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42
MRW13A23 S.L.C.
lutions 1696 (2006), 1737 (2006), 17471
(2007), 1803 (2008), 1835 (2008), and 19292
(2010), with a view toward bringing to a satis-3
factory conclusion the Security Councils consid-4
eration of matters relating to Irans nuclear5
program;6
(C) resolve all issues of past and present7
concern with the International Atomic Energy8
Agency, including possible military dimensions9
of Irans nuclear program;10
(D) permit continuous, around the clock,11
on-site inspection, verification, and monitoring12
of all suspect facilities in Iran, including instal-13
lation and use of any compliance verification14
equipment requested by the International Atom-15
ic Energy Agency, so that any effort by Iran to16
produce a nuclear weapon would be quickly de-17
tected; and18
(E) require Irans full implementation of19
and compliance with the Agreement between20
Iran and the International Atomic Energy21
Agency for the Application of Safeguards in22
Connection with the Treaty on the Non-Pro-23
liferation of Nuclear Weapons, done at Vienna24
June 19, 1973, including modified Code 3.1 of25
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43
MRW13A23 S.L.C.
the Subsidiary Arrangements to that Agree-1
ment and ratification and implementation of2
the Protocol Additional to that Agreement,3
done at Vienna December 18, 2003; and4
(F) requires Irans implementation of5
measures in addition to the Protocol Additional6
that include verification by the International7
Atomic Energy Agency of Irans centrifuge8
manufacturing facilities, including raw mate-9
rials and components, and Irans uranium10
mines and mills.11
(2) RENEWAL OF SUSPENSION.The President12
may renew the suspension of sanctions pursuant to13
paragraph (1) for additional one-year periods if, for14
each such renewal, the President15
(A) certifies to the appropriate congres-16
sional committees that Iran is complying with17
the terms of the final arrangement or agree-18
ment, including by19
(i) dismantling Irans illicit nuclear20
infrastructure, including enrichment and21
reprocessing capabilities and facilities, and22
the heavy water reactor and production23
plant at Arak, so that Iran is prevented24
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MRW13A23 S.L.C.
from pursuing both uranium and pluto-1
nium pathways to a nuclear weapon;2
(ii) permitting continuous, around the3
clock, on-site inspection, verification, and4
monitoring of all suspect facilities in Iran,5
including installation and use of any com-6
pliance verification equipment requested by7
the International Atomic Energy Agency,8
so that any effort by Iran to produce a nu-9
clear weapon would be quickly detected;10
(iii) resolving all issues of past and11
present concern with the International12
Atomic Energy Agency, including possible13
military dimensions of Irans nuclear pro-14
gram;15
(iv) remaining in full compliance with16
all United Nations Security Council resolu-17
tions related to Irans nuclear program, in-18
cluding Resolutions 1696 (2006), 173719
(2006), 1747 (2007), 1803 (2008), 183520
(2008), and 1929 (2010);21
(v) fully implementing and complying22
with the Agreement between Iran and the23
International Atomic Energy Agency for24
the Application of Safeguards in Connec-25
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MRW13A23 S.L.C.
tion with the Treaty on the Non-Prolifera-1
tion of Nuclear Weapons, done at Vienna2
June 19, 1973, including modified Code3
3.1 of the Subsidiary Arrangements to that4
Agreement and ratification and implemen-5
tation of the Protocol Additional to that6
Agreement, done at Vienna December 18,7
2003; and8
(vi) implementing measures, in addi-9
tion to the Protocol Additional, that in-10
clude verification by the International11
Atomic Energy Agency of Irans centrifuge12
manufacturing facilities, including raw ma-13
terials and components, and Irans ura-14
nium mines and mills; and15
(B) submits to the appropriate congres-16
sional committees with the certification under17
subparagraph (A) a detailed report describing18
the actions taken by Iran to comply with the19
terms of the final arrangement or agreement.20
(c) JOINT RESOLUTION OF DISAPPROVAL.21
(1) IN GENERAL.In this subsection, the term22
joint resolution of disapproval means only a joint23
resolution of the 2 Houses of Congress, the sole24
matter after the resolving clause of which is as fol-25
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MRW13A23 S.L.C.
lows: That Congress disapproves of the suspension1
of sanctions imposed with respect to Iran under sec-2
tion 301(b)(1) of the Nuclear Weapon Free Iran Act3
of 2013 pursuant to the certification of the Presi-4
dent submitted to Congress under that section on5
llllll, with the blank space being filled6
with the appropriate date.7
(2) PROCEDURES FOR CONSIDERING RESOLU-8
TIONS.9
(A) INTRODUCTION.A joint resolution of10
disapproval11
(i) may be introduced in the House of12
Representatives or the Senate during the13
15-day period beginning on the date on14
which the President submits a certification15
under subsection (b)(1) to the appropriate16
congressional committees;17
(ii) in the House of Representatives,18
may be introduced by the Speaker or the19
minority leader or a Member of the House20
designated by the Speaker or minority21
leader;22
(iii) in the Senate, may be introduced23
by the majority leader or minority leader24
of the Senate or a Member of the Senate25
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MRW13A23 S.L.C.
designated by the majority leader or mi-1
nority leader; and2
(iv) may not be amended.3
(B) REFERRAL TO COMMITTEES.A joint4
resolution of disapproval introduced in the Sen-5
ate shall be referred to the Committee on Bank-6
ing, Housing, and Urban Affairs and a joint7
resolution of disapproval in the House of Rep-8
resentatives shall be referred to the Committee9
on Foreign Affairs.10
(C) COMMITTEE DISCHARGE AND FLOOR11
CONSIDERATION.The provisions of sub-12
sections (c) through (f) of section 152 of the13
Trade Act of 1974 (19 U.S.C. 2192) (relating14
to committee discharge and floor consideration15
of certain resolutions in the House of Rep-16
resentatives and the Senate) apply to a joint17
resolution of disapproval under this subsection18
to the same extent that such subsections apply19
to joint resolutions under such section 152, ex-20
cept that21
(i) subsection (c)(1) shall be applied22
and administered by substituting 1023
days for 30 days; and24
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48
MRW13A23 S.L.C.
(ii) subsection (f)(1)(A)(i) shall be ap-1
plied and administered by substituting2
Committee on Banking, Housing, and3
Urban Affairs for Committee on Fi-4
nance.5
(3) RULES OF THE HOUSE OF REPRESENTA-6
TIVES AND SENATE.This subsection is enacted by7
Congress8
(A) as an exercise of the rulemaking power9
of the Senate and the House of Representa-10
tives, respectively, and as such is deemed a part11
of the rules of each House, respectively, but ap-12
plicable only with respect to the procedure to be13
followed in that House in the case of a joint14
resolution, and it supersedes other rules only to15
the extent that it is inconsistent with such16
rules; and17
(B) with full recognition of the constitu-18
tional right of either House to change the rules19
(so far as relating to the procedure of that20
House) at any time, in the same manner and21
to the same extent as in the case of any other22
rule of that House.23
(d) DEFINITIONS.In this section:24
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49
MRW13A23 S.L.C.
(1) APPROPRIATE CONGRESSIONAL COMMIT-1
TEES.The term appropriate congressional com-2
mittees has the meaning given that term in section3
14 of the Iran Sanctions Act of 1996 (Public Law4
104172; 50 U.S.C. 1701 note).5
(2) JOINT PLAN OF ACTION.The term Joint6
Plan of Action means the Joint Plan of Action,7
signed at Geneva November 24, 2013, by Iran and8
by France, Germany, the Russian Federation, the9
Peoples Republic of China, the United Kingdom,10
and the United States.11
(3) UNITED STATES PERSON.The term12
United States person has the meaning given that13
term in section 101 of the Comprehensive Iran14
Sanctions, Accountability, and Divestment Act of15
2010 (22 U.S.C. 8511).16
TITLE IVGENERAL17
PROVISIONS18
SEC. 401. EXCEPTION FOR AFGHANISTAN RECONSTRUC-19
TION.20
The President may provide for an exception from the21
imposition of sanctions under the provisions of or amend-22
ments made by this Act for reconstruction assistance or23
economic development for Afghanistan24
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50
MRW13A23 S.L.C.
(1) to the extent that the President determines1
that such an exception is in the national interest of2
the United States; and3
(2) if, not later than 15 days before issuing the4
exception, the President submits a notification of5
and justification for the exception to the appropriate6
congressional committees (as defined in section 14 of7
the Iran Sanctions Act of 1996 (Public Law 1048
172; 50 U.S.C. 1701 note)).9
SEC. 402. EXCEPTION FOR IMPORT RESTRICTIONS.10
No provision of or amendment made by this Act au-11
thorizes or requires the President to impose sanctions re-12
lating to the importation of goods.13
SEC. 403. APPLICABILITY TO CERTAIN INTELLIGENCE AC-14
TIVITIES.15
Nothing in this Act or the amendments made by this16
Act shall apply to the authorized intelligence activities of17
the United States.18
SEC. 404. APPLICABILITY TO CERTAIN NATURAL GAS19
PROJECTS.20
Nothing in this Act or any amendment made by this21
Act shall be construed to apply with respect to any activity22
relating to a project described in subsection (a) of section23
603 of the Iran Threat Reduction and Syria Human24
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