PUBLIC LAW 109–293—SEPT. 30, 2006

IRAN FREEDOM SUPPORT ACT

120 STAT. 1344 PUBLIC LAW 109–293—SEPT. 30, 2006

Public Law 109–293

109th Congress

An Act

To hold the current regime in Iran accountable for its threatening behavior and

to support a transition to democracy in Iran.

Be it enacted by the Senate and House of Representatives of

the United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

This Act may be cited as the ‘‘Iran Freedom Support Act’’.

SEC. 2. TABLE OF CONTENTS.

The table of contents for this Act is as follows:

Sec. 1. Short title.

Sec. 2. Table of contents.

TITLE I—CODIFICATION OF SANCTIONS AGAINST IRAN

Sec. 101. Codification of sanctions.

TITLE II—AMENDMENTS TO THE IRAN AND LIBYA SANCTIONS ACT OF

1996 AND OTHER PROVISIONS RELATED TO INVESTMENT IN IRAN

Sec. 201. Multilateral regime.

Sec. 202. Imposition of sanctions.

Sec. 203. Termination of sanctions.

Sec. 204. Sunset.

Sec. 205. Technical and conforming amendments.

TITLE III—PROMOTION OF DEMOCRACY FOR IRAN

Sec. 301. Declaration of policy.

Sec. 302. Assistance to support democracy for Iran.

TITLE IV—POLICY OF THE UNITED STATES TO FACILITATE THE NUCLEAR

NONPROLIFERATION OF IRAN

Sec. 401. Sense of Congress.

TITLE V—PREVENTION OF MONEY LAUNDERING FOR WEAPONS OF MASS

DESTRUCTION

Sec. 501. Prevention of money laundering for weapons of mass destruction.

TITLE I—CODIFICATION OF SANCTIONS

AGAINST IRAN

SEC. 101. CODIFICATION OF SANCTIONS.

(a) CODIFICATION OF SANCTIONS.—Except as otherwise provided

in this section, United States sanctions with respect to Iran imposed

pursuant to sections 1 and 3 of Executive Order No. 12957, sections

1(e), (1)(g), and (3) of Executive Order No. 12959, and sections

2, 3, and 5 of Executive Order No. 13059 (relating to exports

50 USC 1701

note.

Iran Freedom

Support Act.

50 USC 1701

note.

Sept. 30, 2006

[H.R. 6198]

PUBLIC LAW 109–293—SEPT. 30, 2006 120 STAT. 1345

and certain other transactions with Iran) as in effect on January

1, 2006, shall remain in effect. The President may terminate such

sanctions, in whole or in part, if the President notifies Congress

at least 15 days in advance of such termination. In the event

of exigent circumstances, the President may exercise the authority

set forth in the preceding sentence without regard to the notification

requirement stated therein, except that such notification shall be

provided as early as practicable, but in no event later than three

working days after such exercise of authority.

(b) NO EFFECT ON OTHER SANCTIONS RELATING TO SUPPORT

FOR ACTS OF INTERNATIONAL TERRORISM.—Nothing in this Act shall

affect any United States sanction, control, or regulation as in effect

on January 1, 2006, relating to a determination under section

6(j)(1)(A) of the Export Administration Act of 1979 (50 U.S.C. App.

2405(j)(1)(A)), section 620A(a) of the Foreign Assistance Act of 1961

(22 U.S.C. 2371(a)), or section 40(d) of the Arms Export Control

Act (22 U.S.C. 2780(d)) that the Government of Iran has repeatedly

provided support for acts of international terrorism.

TITLE II—AMENDMENTS TO THE IRAN

AND LIBYA SANCTIONS ACT OF 1996

AND OTHER PROVISIONS RELATED

TO INVESTMENT IN IRAN

SEC. 201. MULTILATERAL REGIME.

(a) WAIVER.—Section 4(c) of the Iran and Libya Sanctions Act

of 1996 (50 U.S.C. 1701 note) is amended to read as follows:

‘‘(c) WAIVER.—

‘‘(1) IN GENERAL.—The President may, on a case by case

basis, waive for a period of not more than six months the

application of section 5(a) with respect to a national of a

country, if the President certifies to the appropriate congressional committees at least 30 days before such waiver is to

take effect that such waiver is vital to the national security

interests of the United States.

‘‘(2) SUBSEQUENT RENEWAL OF WAIVER.—If the President

determines that, in accordance with paragraph (1), such a

waiver is appropriate, the President may, at the conclusion

of the period of a waiver under paragraph (1), renew such

waiver for subsequent periods of not more than six months

each.’’.

(b) INVESTIGATIONS.—Section 4 of such Act (50 U.S.C. 1701

note) is amended by adding at the end the following new subsection:

‘‘(f) INVESTIGATIONS.—

‘‘(1) IN GENERAL.—The President should initiate an investigation into the possible imposition of sanctions under section

5(a) against a person upon receipt by the United States of

credible information indicating that such person is engaged

in investment activity in Iran as described in such section.

‘‘(2) DETERMINATION AND NOTIFICATION.—Not later than

180 days after an investigation is initiated in accordance with

paragraph (1), the President should determine, pursuant to

section 5(a), if a person has engaged in investment activity

Deadline.

Deadline.

120 STAT. 1346 PUBLIC LAW 109–293—SEPT. 30, 2006

in Iran as described in such section and shall notify the appropriate congressional committees of the basis for any such determination.’’.

SEC. 202. IMPOSITION OF SANCTIONS.

(a) SANCTIONS WITH RESPECT TO DEVELOPMENT OF PETROLEUM

RESOURCES.—Section 5(a) of the Iran and Libya Sanctions Act

of 1996 (50 U.S.C. 1701 note) is amended in the heading, by striking

‘‘TO IRAN’’ and inserting ‘‘TO THE DEVELOPMENT OF PETROLEUM

RESOURCES OF IRAN’’.

(b) SANCTIONS WITH RESPECT TO DEVELOPMENT OF WEAPONS

OF MASS DESTRUCTION OR OTHER MILITARY CAPABILITIES.—Section

5(b) of such Act (50 U.S.C. 1701 note) is amended to read as

follows:

‘‘(b) MANDATORY SANCTIONS WITH RESPECT TO DEVELOPMENT

OF WEAPONS OF MASS DESTRUCTION OR OTHER MILITARY CAPABILITIES.—The President shall impose two or more of the sanctions

described in paragraphs (1) through (6) of section 6 if the President

determines that a person has, on or after the date of the enactment

of this Act, exported, transferred, or otherwise provided to Iran

any goods, services, technology, or other items knowing that the

provision of such goods, services, technology, or other items would

contribute materially to the ability of Iran to—

‘‘(1) acquire or develop chemical, biological, or nuclear

weapons or related technologies; or

‘‘(2) acquire or develop destabilizing numbers and types

of advanced conventional weapons.’’.

(c) EFFECTIVE DATE.—The amendments made by this section

shall apply with respect to actions taken on or after June 6, 2006.

SEC. 203. TERMINATION OF SANCTIONS.

Section 8(a) of the Iran and Libya Sanctions Act of 1996 (50

U.S.C. 1701 note) is amended—

(1) in paragraph (1)(C), by striking ‘‘and’’ at the end;

(2) in paragraph (2), by striking the period at the end

and inserting ‘‘; and’’; and

(3) by adding at the end the following new paragraph:

‘‘(3) poses no significant threat to United States national

security, interests, or allies.’’.

SEC. 204. SUNSET.

Section 13 of the Iran and Libya Sanctions Act of 1996 (50

U.S.C. 1701 note) is amended by striking ‘‘on September 29, 2006’’

and inserting ‘‘on December 31, 2011’’.

SEC. 205. TECHNICAL AND CONFORMING AMENDMENTS.

(a) FINDINGS.—Section 2 of the Iran and Libya Sanctions Act

of 1996 (50 U.S.C. 1701 note) is amended by striking paragraph

(4).

(b) DECLARATION OF POLICY.—Section 3 of the Iran and Libya

Sanctions Act of 1996 (50 U.S.C. 1701 note) is amended—

(1) in subsection (a), by striking ‘‘(a) POLICY WITH RESPECT

TO IRAN.—’’; and

(2) by striking subsection (b).

(c) TERMINATION OF SANCTIONS.—Section 8 of the Iran and

Libya Sanctions Act of 1996 (50 U.S.C. 1701 note) is amended—

(1) in subsection (a), by striking ‘‘(a) IRAN.—’’; and

(2) by striking subsection (b).

50 USC 1701

note.

PUBLIC LAW 109–293—SEPT. 30, 2006 120 STAT. 1347

(d) DURATION OF SANCTIONS; PRESIDENTIAL WAIVER.—Section

9(c)(2)(C) of the Iran and Libya Sanctions Act of 1996 (50 U.S.C.

1701 note) is amended to read as follows:

‘‘(C) an estimate of the significance of the provision

of the items described in section 5(a) or section 5(b) to

Iran’s ability to, respectively, develop its petroleum

resources or its weapons of mass destruction or other military capabilities; and’’.

(e) REPORTS REQUIRED.—Section 10(b)(1) of the Iran and Libya

Sanctions Act of 1996 (50 U.S.C. 1701 note) is amended by striking

‘‘and Libya’’ each place it appears.

(f) DEFINITIONS.—Section 14 of the Iran and Libya Sanctions

Act of 1996 (50 U.S.C. 1701 note) is amended—

(1) in paragraph (9)—

(A) in the matter preceding subparagraph (A), by—

(i) striking ‘‘, or with the Government of Libya

or a nongovernmental entity in Libya,’’; and

(ii) by striking ‘‘nongovenmental’’ and inserting

‘‘nongovernmental’’; and

(B) in subparagraph (A), by striking ‘‘or Libya (as

the case may be)’’;

(2) by striking paragraph (12); and

(3) by redesignating paragraphs (13), (14), (15), (16), and

(17) as paragraphs (12), (13), (14), (15), and (16), respectively.

(g) SHORT TITLE.— (1) IN GENERAL.—Section 1 of the Iran and Libya Sanctions

Act of 1996 (50 U.S.C. 1701 note) is amended by striking

‘‘and Libya’’.

(2) REFERENCES.—Any reference in any other provision

of law, regulation, document, or other record of the United

States to the ‘‘Iran and Libya Sanctions Act of 1996’’ shall

be deemed to be a reference to the ‘‘Iran Sanctions Act of

1996’’.

TITLE III—PROMOTION OF DEMOCRACY

FOR IRAN

SEC. 301. DECLARATION OF POLICY.

(a) IN GENERAL.—Congress declares that it should be the policy

of the United States—

(1) to support efforts by the people of Iran to exercise

self-determination over the form of government of their country;

and

(2) to support independent human rights and peaceful prodemocracy forces in Iran.

(b) RULE OF CONSTRUCTION.—Nothing in this Act shall be construed as authorizing the use of force against Iran.

SEC. 302. ASSISTANCE TO SUPPORT DEMOCRACY FOR IRAN.

(a) AUTHORIZATION.— (1) IN GENERAL.—Notwithstanding any other provision of

law, the President is authorized to provide financial and political assistance (including the award of grants) to foreign and

domestic individuals, organizations, and entities working for

the purpose of supporting and promoting democracy for Iran.

Such assistance may include the award of grants to eligible

22 USC 2151

note.

50 USC 1701

note.

120 STAT. 1348 PUBLIC LAW 109–293—SEPT. 30, 2006

independent pro-democracy radio and television broadcasting

organizations that broadcast into Iran.

(2) LIMITATION ON ASSISTANCE.—In accordance with the

rule of construction described in subsection (b) of section 301,

none of the funds authorized under this section shall be used

to support the use of force against Iran.

(b) ELIGIBILITY FOR ASSISTANCE.—Financial and political assistance under this section should be provided only to an individual,

organization, or entity that—

(1) officially opposes the use of violence and terrorism and

has not been designated as a foreign terrorist organization

under section 219 of the Immigration and Nationality Act (8

U.S.C. 1189) at any time during the preceding four years;

(2) advocates the adherence by Iran to nonproliferation

regimes for nuclear, chemical, and biological weapons and materiel;

(3) is dedicated to democratic values and supports the

adoption of a democratic form of government in Iran;

(4) is dedicated to respect for human rights, including

the fundamental equality of women;

(5) works to establish equality of opportunity for people;

and

(6) supports freedom of the press, freedom of speech,

freedom of association, and freedom of religion.

(c) FUNDING.—The President may provide assistance under this

section using—

(1) funds available to the Middle East Partnership Initiative (MEPI), the Broader Middle East and North Africa Initiative, and the Human Rights and Democracy Fund; and

(2) amounts made available pursuant to the authorization

of appropriations under subsection (g).

(d) NOTIFICATION.—Not later than 15 days before each obligation of assistance under this section, and in accordance with the

procedures under section 634A of the Foreign Assistance Act of

1961 (22 U.S.C. 2394–l), the President shall notify the Committee

on International Relations and the Committee on Appropriations

of the House of Representatives and the Committee on Foreign

Relations and the Committee on Appropriations of the Senate.

(e) SENSE OF CONGRESS REGARDING DIPLOMATIC ASSISTANCE.—

It is the sense of Congress that—

(1) support for a transition to democracy in Iran should

be expressed by United States representatives and officials

in all appropriate international fora;

(2) officials and representatives of the United States

should—

(A) strongly and unequivocally support indigenous

efforts in Iran calling for free, transparent, and democratic

elections; and

(B) draw international attention to violations by the

Government of Iran of human rights, freedom of religion,

freedom of assembly, and freedom of the press.

(f) DURATION.—The authority to provide assistance under this

section shall expire on December 31, 2011.

(g) AUTHORIZATION OF APPROPRIATIONS.—There is authorized

to be appropriated to the Secretary of State such sums as may

be necessary to carry out this section.

Deadline.

PUBLIC LAW 109–293—SEPT. 30, 2006 120 STAT. 1349

TITLE IV—POLICY OF THE UNITED

STATES TO FACILITATE THE NUCLEAR NONPROLIFERATION OF IRAN

SEC. 401. SENSE OF CONGRESS.

(a) SENSE OF CONGRESS.—It should be the policy of the United

States not to bring into force an agreement for cooperation with

the government of any country that is assisting the nuclear program

of Iran or transferring advanced conventional weapons or missiles

to Iran unless the President has determined that—

(1) Iran has suspended all enrichment-related and

reprocessing-related activity (including uranium conversion and

research and development, manufacturing, testing, and

assembly relating to enrichment and reprocessing), has committed to verifiably refrain permanently from such activity

in the future (except potentially the conversion of uranium

exclusively for export to foreign nuclear fuel production facilities

pursuant to internationally agreed arrangements and subject

to strict international safeguards), and is abiding by that

commitment; or

(2) the government of that country—

(A) has, either on its own initiative or pursuant to

a binding decision of the United Nations Security Council,

suspended all nuclear assistance to Iran and all transfers

of advanced conventional weapons and missiles to Iran,

pending a decision by Iran to implement measures that

would permit the President to make the determination

described in paragraph (1); and

(B) is committed to maintaining that suspension until

Iran has implemented measures that would permit the

President to make such determination.

(b) DEFINITIONS.—In this section:

(1) AGREEMENT FOR COOPERATION.—The term ‘‘agreement

for cooperation’’ has the meaning given that term in section

11 b. of the Atomic Energy Act of 1954 (42 U.S.C. 2014(b)).

(2) ASSISTING THE NUCLEAR PROGRAM OF IRAN.—The term

‘‘assisting the nuclear program of Iran’’ means the intentional

transfer to Iran by a government, or by a person subject to

the jurisdiction of a government, with the knowledge and

acquiescence of that government, of goods, services, or technology listed on the Nuclear Suppliers Group Guidelines for

the Export of Nuclear Material, Equipment and Technology

(published by the International Atomic Energy Agency as

Information Circular INFCIRC/254/Rev. 3/Part 1, and subsequent revisions) or Guidelines for Transfers of Nuclear-Related

Dual-Use Equipment, Material and Related Technology (published by the International Atomic Energy Agency as Information Circular INFCIRC/254/Rev. 3/Part 2 and subsequent revisions).

(3) TRANSFERRING ADVANCED CONVENTIONAL WEAPONS OR

MISSILES TO IRAN.—The term ‘‘transferring advanced conventional weapons or missiles to Iran’’ means the intentional

transfer to Iran by a government, or by a person subject to

the jurisdiction of a government, with the knowledge and

acquiescence of that government, of—

120 STAT. 1350 PUBLIC LAW 109–293—SEPT. 30, 2006

LEGISLATIVE HISTORY—H.R. 6198:

CONGRESSIONAL RECORD, Vol. 152 (2006):

Sept. 28, considered and passed House.

Sept. 29, considered and passed Senate.

Æ

(A) advanced conventional weapons; or

(B) goods, services, or technology listed on the Missile

Technology Control Regime Equipment and Technology

Annex of June 11, 1996, and subsequent revisions.

TITLE V—PREVENTION OF MONEY

LAUNDERING FOR WEAPONS OF MASS

DESTRUCTION

SEC. 501. PREVENTION OF MONEY LAUNDERING FOR WEAPONS OF

MASS DESTRUCTION.

Section 5318A(c)(2) of title 31, United States Code, is

amended—

(1) in subparagraph (A)(i), by striking ‘‘or both,’’ and

inserting ‘‘or entities involved in the proliferation of weapons

of mass destruction or missiles’’; and

(2) in subparagraph (B)(i), by inserting ‘‘, including any

money laundering activity by organized criminal groups, international terrorists, or entities involved in the proliferation of

weapons of mass destruction or missiles’’ before the semicolon

at the end.

Approved September 30, 2006.