IIB 

111TH CONGRESS 

1ST SESSION H. R. 2194 

IN THE SENATE OF THE UNITED STATES 

DECEMBER 16, 2009 

Received; read twice and referred to the Committee on Banking, Housing, and 

Urban Affairs 

AN ACT 

To amend the Iran Sanctions Act of 1996 to enhance United 

States diplomatic efforts with respect to Iran by expanding economic sanctions against Iran. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 


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1 SECTION 1. SHORT TITLE. 

2 This Act may be cited as the ‘‘Iran Refined Petro3 leum Sanctions Act of 2009’’. 

4 SEC. 2. FINDINGS; SENSE OF CONGRESS; STATEMENT OF 

5 POLICY. 

6 (a) FINDINGS.—Congress finds the following: 

7 (1) The illicit nuclear activities of the Govern8 ment of Iran—combined with its development of un9 conventional weapons and ballistic missiles, and sup10 port for international terrorism—represent a serious 

11 threat to the security of the United States and U.S. 

12 allies in Europe, the Middle East, and around the 

13 world. 

14 (2) The United States and other responsible na15 tions have a vital interest in working together to 

16 prevent the Government of Iran from acquiring a 

17 nuclear weapons capability. 

18 (3) The International Atomic Energy Agency 

19 (IAEA) has repeatedly called attention to Iran’s un20 lawful nuclear activities, and, as a result, the United 

21 Nations Security Council has adopted a range of 

22 sanctions designed to encourage the Government of 

23 Iran to suspend those activities and comply with its 

24 obligations under the Treaty on the Non-Prolifera25 tion of Nuclear Weapons (commonly known as the 

26 ‘‘Nuclear Non-Proliferation Treaty’’). 


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1 (4) As a presidential candidate, then-Senator 

2 Obama stated that additional sanctions, especially 

3 those targeting Iran’s dependence on imported re4 fined petroleum, may help to persuade the Govern5 ment of Iran to abandon its illicit nuclear activities. 

6 (5) On October 7, 2008, then-Senator Obama 

7 stated, ‘‘Iran right now imports gasoline, even 

8 though it’s an oil producer, because its oil infra9 structure has broken down. If we can prevent them 

10 from importing the gasoline that they need and the 

11 refined petroleum products, that starts changing 

12 their cost-benefit analysis. That starts putting the 

13 squeeze on them.’’. 

14 (6) On June 4, 2008, then-Senator Obama 

15 stated, ‘‘We should work with Europe, Japan, and 

16 the Gulf states to find every avenue outside the U.N. 

17 to isolate the Iranian regime—from cutting off loan 

18 guarantees and expanding financial sanctions, to 

19 banning the export of refined petroleum to Iran.’’. 

20 (7) Major European allies, including the United 

21 Kingdom, France, and Germany, have advocated 

22 that sanctions be significantly toughened should 

23 international diplomatic efforts fail to achieve 

24 verifiable suspension of Iran’s uranium enrichment 


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1 program and an end to its nuclear weapons program 

2 and other illicit nuclear activities. 

3 (8) The serious and urgent nature of the threat 

4 from Iran demands that the United States work to5 gether with U.S. allies to do everything possible— 

6 diplomatically, politically, and economically—to pre7 vent Iran from acquiring a nuclear weapons capa8 bility. 

9 (9) The human rights situation in Iran has 

10 steadily deteriorated in 2009, as punctuated by the 

11 transparent fraud that occurred on June 12, 2009, 

12 the brutal repression and murder, arbitrary arrests, 

13 and show trials of peaceful dissidents, and ongoing 

14 suppression of freedom of expression. 

15 (10) The Iranian regime has been unresponsive 

16 to, and at times contemptuous of, the Obama Ad17 ministration’s unprecedented and serious efforts at 

18 engagement, revealing that Tehran is not interested 

19 in a diplomatic resolution, as made clear, for exam20 ple, by the following: 

21 (A) Iran’s apparent rejection of the 

22 Tehran Research Reactor plan, generously of23 fered by the United States and its partners, of 

24 potentially great benefit to the Iranian people, 


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1 and endorsed by Iran’s own negotiators in Oc2 tober, 2009. 

3 (B) Iran’s ongoing clandestine nuclear 

4 weapons program, as evidenced by its work on 

5 the secret uranium enrichment facility at Qom, 

6 its subsequent refusal to cooperate fully with 

7 IAEA inspectors, and its announcement that it 

8 would build 10 new uranium enrichment facili9 ties. 

10 (C) Iran’s ongoing arms exports and sup11 port to terrorists in direct contravention of 

12 Unite Nations Security Council resolutions. 

13 (D) Iran’s absurd claims that the West, 

14 and specifically the United States, have fo15 mented the waves of anti-regime protests that 

16 followed the June 12, 2009, election in Iran. 

17 (E) Iran’s July 31, 2009, arrest of three 

18 young Americans on spying charges. 

19 (b) SENSE OF CONGRESS.—It is the sense of the 

20 Congress that— 

21 (1) international diplomatic efforts to address 

22 Iran’s illicit nuclear efforts, unconventional and bal23 listic missile development programs, and support for 

24 international terrorism are more likely to be effective 

25 if the President is empowered with the explicit auVerDate Nov 24 2008 23:36 Dec 16, 2009 Jkt 089200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\H2194.RFS H2194

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1 thority to impose additional sanctions on the Gov2 ernment of Iran; 

3 (2) the concerns of the United States regarding 

4 Iran are strictly the result of the actions of the Gov5 ernment of Iran; 

6 (3) the revelation in September 2009 that Iran 

7 is developing a secret uranium enrichment site on an 

8 Islamic Revolutionary Guard Corps base near Qom, 

9 which appears to have no civilian application, high10 lights the urgency for Iran to fully disclose the full 

11 nature of its nuclear program, including any other 

12 secret locations, and provide the International Atom13 ic Energy Agency (IAEA) unfettered access to its 

14 facilities pursuant to Iran’s legal obligations under 

15 the Treaty on the Non-Proliferation of Nuclear 

16 Weapons and Iran’s Safeguards Agreement with the 

17 IAEA; 

18 (4) because of its involvement in Iran’s nuclear 

19 program and other destabilizing activities, the Presi20 dent should impose sanctions, including the full 

21 range of sanctions otherwise applicable to Iran, on 

22 any individual or entity that is an agent, alias, front, 

23 instrumentality, representative, official, or affiliate 

24 of the Islamic Revolutionary Guard Corps or is an 

25 individual serving as a representative of the Islamic 


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1 Revolutionary Guard Corps, or on any person that 

2 has conducted any commercial transaction or finan3 cial transaction with such entities; 

4 (5) Government to Government agreements 

5 with Iran to provide the regime with refined petro6 leum products, such as the September 2009 agree7 ment under which the Government of Venezuela 

8 committed to provide 20,000 barrels of gasoline per 

9 day to Iran, undermine efforts to pressure Iran to 

10 suspend its nuclear weapons program and cease all 

11 enrichment activities; and 

12 (6) the people of the United States— 

13 (A) have feelings of friendship for the peo14 ple of Iran; and 

15 (B) hold the people of Iran, their culture, 

16 and their ancient and rich history in the highest 

17 esteem. 

18 (c) STATEMENT OF POLICY.—It shall be the policy 

19 of the United States— 

20 (1) to prevent Iran from achieving the capa21 bility to make nuclear weapons, including by sup22 porting international diplomatic efforts to halt Iran’s 

23 uranium enrichment program; 


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1 (2) to fully implement and enforce the Iran 

2 Sanctions Act of 1996 as a means of encouraging 

3 foreign governments to— 

4 (A) direct state-owned entities to cease all 

5 investment in, and support of, Iran’s energy 

6 sector and all exports of refined petroleum 

7 products to Iran; and 

8 (B) require private entities based in their 

9 territories to cease all investment in, and sup10 port of, Iran’s energy sector and all exports of 

11 refined petroleum products to Iran; 

12 (3) to impose sanctions on— 

13 (A) the Central Bank of Iran, and any 

14 other financial institution in Iran that is en15 gaged in proliferation activities or support of 

16 terrorist groups, and 

17 (B) any other financial institution that 

18 conducts financial transactions with the Central 

19 Bank of Iran or with another financial institu20 tion described in subparagraph (A), 

21 including through the use of Executive Orders 

22 13224, 13382, and 13438 and United Nations Secu23 rity Council Resolutions 1737, 1747, 1803, and 

24 1835; 


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1 (4) to persuade the allies of the United States 

2 and other countries to take appropriate measures to 

3 deny access to the international financial system by 

4 Iranian banks and financial institutions involved in 

5 proliferation activities or support of terrorist groups; 

6 (5) to support all Iranian citizens who embrace 

7 the values of freedom, human rights, civil liberties, 

8 and the rule of law; and 

9 (6) for the Secretary of State to make every ef10 fort to assist United States citizens held hostage in 

11 Iran at any time during the period beginning on No12 vember 4, 1979 and ending on January 20, 1981, 

13 and their survivors in matters of compensation re14 lated to such citizens’ detention. 

15 SEC. 3. AMENDMENTS TO THE IRAN SANCTIONS ACT OF 

16 1996. 

17 (a) EXPANSION OF SANCTIONS.—Section 5(a) of the 

18 Iran Sanctions Act of 1996 (50 U.S.C. 1701 note) is 

19 amended to read as follows: 

20 ‘‘(a) SANCTIONS WITH RESPECT TO THE DEVELOP21 MENT OF PETROLEUM RESOURCES OF IRAN AND EXPOR22 TATION OF REFINED PETROLEUM TO IRAN.— 

23 ‘‘(1) DEVELOPMENT OF PETROLEUM RE24 SOURCES OF IRAN.— 


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1 ‘‘(A) INVESTMENT.—Except as provided in 

2 subsection (f), the President shall impose 2 or 

3 more of the sanctions described in paragraphs 

4 (1) through (6) of section 6(a) if the President 

5 determines that a person has knowingly, on or 

6 after the date of the enactment of this Act, 

7 made an investment of $20,000,000 or more (or 

8 any combination of investments of at least 

9 $5,000,000 each, which in the aggregate equals 

10 or exceeds $20,000,000 in any 12-month pe11 riod), that directly and significantly contributed 

12 to the enhancement of Iran’s ability to develop 

13 petroleum resources of Iran. 

14 ‘‘(B) PRODUCTION OF REFINED PETRO15 LEUM PRODUCTS.—Except as provided in sub16 section (f), the President shall impose the sanc17 tions described in section 6(b) if the President 

18 determines that a person knowingly sells, 

19 leases, or provides to Iran any goods, services, 

20 technology, information, or support, or enters 

21 into a contract to sell, lease, or provide to Iran 

22 any goods, services, technology, information, or 

23 support, that would allow Iran to maintain or 

24 expand its domestic production of refined petro25 leum products, including any assistance in the 


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1 construction, modernization, or repair of refin2 eries that make refined petroleum products, 

3 if— 

4 ‘‘(i) the value of the goods, services, 

5 technology, information, or support pro6 vided in such sale, lease, or provision, or to 

7 be provided in such contract, exceeds 

8 $200,000; or 

9 ‘‘(ii) the value of the goods, services, 

10 technology, information, or support pro11 vided in any combination of such sales, 

12 leases, or provision in any 12-month pe13 riod, or to be provided under contracts en14 tered into in any 12-month period, exceeds 

15 $500,000. 

16 ‘‘(2) EXPORTATION OF REFINED PETROLEUM

17 PRODUCTS TO IRAN.— 

18 ‘‘(A) IN GENERAL.—Except as provided in 

19 subsection (f), the President shall impose the 

20 sanctions described in section 6(b) if the Presi21 dent determines that a person knowingly pro22 vides Iran with refined petroleum products or 

23 knowingly engages in any of the activities de24 scribed in subparagraph (B), if— 


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1 ‘‘(i) the value of such products or of 

2 the goods, services, technology, informa3 tion, or support provided or to be provided 

4 in connection with such activity exceeds 

5 $200,000; or 

6 ‘‘(ii) the value of such products, or of 

7 the goods, services, technology, informa8 tion, or support, provided or to be provided 

9 in connection with any combination of pro10 viding such products or such activities, in 

11 any 12-month period exceeds $500,000. 

12 ‘‘(B) ACTIVITIES DESCRIBED.—The activi13 ties referred to in subparagraph (A) are the fol14 lowing: 

15 ‘‘(i) Providing ships, vehicles, or other 

16 means of transportation to deliver refined 

17 petroleum products to Iran, or providing 

18 services relating to the shipping or other 

19 transportation of refined petroleum prod20 ucts to Iran. 

21 ‘‘(ii) Underwriting or otherwise pro22 viding insurance or reinsurance for an ac23 tivity described in clause (i). 

24 ‘‘(iii) Financing or brokering an activ25 ity described in clause (i).’’. 


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1 (b) DESCRIPTION OF SANCTIONS.—Section 6 of such 

2 Act is amended— 

3 (1) by striking ‘‘The sanctions to be imposed on 

4 a sanctioned person under section 5 are as follows:’’ 

5 and inserting the following: 

6 ‘‘(a) IN GENERAL.—The sanctions to be imposed on 

7 a sanctioned person under subsections (a)(1)(A) and 

8 (b)(1) of section 5 are as follows:’’; 

9 (2) in paragraph (4), by striking ‘‘section 5’’ 

10 each place it appears and inserting ‘‘subsections 

11 (a)(1)(A) and (b) of section 5’’; and 

12 (3) by adding at the end the following: 

13 ‘‘(b) ADDITIONAL MANDATORY SANCTIONS.—The 

14 sanctions to be imposed on a sanctioned person under 

15 paragraphs (1)(B) and (2) of section 5(a) are as follows: 

16 ‘‘(1) FOREIGN EXCHANGE.—The President 

17 shall prohibit any transactions in foreign exchange 

18 by the sanctioned person. 

19 ‘‘(2) BANKING TRANSACTIONS.—The President 

20 shall prohibit any transfers of credit or payments be21 tween, by, through, or to any financial institution, to 

22 the extent that such transfers or payments involve 

23 any interest of the sanctioned person. 

24 ‘‘(3) PROPERTY TRANSACTIONS.—The Presi25 dent shall prohibit any acquisition, holding, withVerDate Nov 24 2008 23:36 Dec 16, 2009 Jkt 089200 PO 00000 Frm 00013 Fmt 6652 Sfmt 6201 E:\BILLS\H2194.RFS H2194

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1 holding, use, transfer, withdrawal, transportation, 

2 importation, or exportation of, dealing in, or exer3 cising any right, power, or privilege with respect to, 

4 or transactions involving, any property in which the 

5 sanctioned person has any interest by any person, or 

6 with respect to any property, subject to the jurisdic7 tion of the United States. 

8 ‘‘(c) ADDITIONAL MEASURE RELATING TO REFINED

9 PETROLEUM PRODUCTS.— 

10 ‘‘(1) IN GENERAL.—The head of each executive 

11 agency shall ensure that each contract with a person 

12 entered into by such executive agency for the pro13 curement of goods or services, or agreement for the 

14 use of Federal funds as part of a grant, loan, or 

15 loan guarantee to a person, includes a clause that 

16 requires the person to certify to the contracting offi17 cer or other appropriate official of such agency that 

18 the person does not conduct any activity described in 

19 paragraph (1)(B) or (2) of section 5(a). 

20 ‘‘(2) EXCLUSION.—Paragraph (1) shall not 

21 apply to a loan or other program under title IV of 

22 the Higher Education Act of 1965 (20 U.S.C. 1070 

23 et seq.), or to any payment of educational assistance 

24 by the Secretary of Veterans Affairs under title 38, 

25 United States Code. 


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1 ‘‘(3) REMEDIES.— 

2 ‘‘(A) IN GENERAL.—If the head of the ex3 ecutive agency determines that such person has 

4 submitted a false certification under paragraph 

5 (1) after the date on which the Federal Acquisi6 tion Regulation is revised to implement the re7 quirements of this subsection, the head of an 

8 executive agency may terminate a contract, or 

9 agreement described in paragraph (1), with 

10 such person or debar or suspend such person 

11 from eligibility for Federal contracts or such 

12 agreements for a period not to exceed 3 years. 

13 Any such debarment or suspension shall be sub14 ject to the procedures that apply to debarment 

15 and suspension under the Federal Acquisition 

16 Regulation under subpart 9.4 of part 9 of title 

17 48, Code of Federal Regulations. 

18 ‘‘(B) INCLUSION ON LIST OF PARTIES EX19 CLUDED FROM FEDERAL PROCUREMENT AND

20 NONPROCUREMENT PROGRAMS.—The Adminis21 trator of General Services shall include on the 

22 List of Parties Excluded from Federal Procure23 ment and Nonprocurement Programs main24 tained by the Administrator under part 9 of the 

25 Federal Acquisition Regulation issued under 


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1 section 25 of the Office of Federal Procurement 

2 Policy Act (41 U.S.C. 421) each person that is 

3 debarred, suspended, proposed for debarment, 

4 or declared ineligible by the head of an execu5 tive agency on the basis of a determination of 

6 a false certification under subparagraph (A). 

7 ‘‘(C) RULE OF CONSTRUCTION.—This sub8 section shall not be construed to limit the use 

9 of other remedies available to the head of an ex10 ecutive agency or any other official of the Fed11 eral Government on the basis of a determina12 tion of a false certification under paragraph 

13 (1). 

14 ‘‘(4) IMPLEMENTATION THROUGH THE FED15 ERAL ACQUISITION REGULATION.—Not later than 

16 120 days after the date of the enactment of the Iran 

17 Refined Petroleum Sanctions Act of 2009, the Fed18 eral Acquisition Regulation issued pursuant to sec19 tion 25 of the Office of Federal Procurement Policy 

20 Act (41 U.S.C. 421) shall be revised to provide for 

21 the implementation of the requirements of this sub22 section. 

23 ‘‘(5) CLARIFICATION REGARDING CERTAIN

24 PRODUCTS.—Section 5(f)(2) applies with respect to 

25 the imposition of remedies under paragraph (3) to 


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1 the same extent as such section applies with respect 

2 to sanctions under subsection (a) or (b) of section 

3 5.’’. 

4 (c) ADDITIONAL MANDATORY SANCTIONS RELATING

5 TO TRANSFER OF NUCLEAR TECHNOLOGY.—Section 5(b) 

6 of the Iran Sanctions Act of 1996 is amended— 

7 (1) by redesignating paragraphs (1) and (2) as 

8 subparagraphs (A) and (B), respectively, and mov9 ing such paragraphs 2 ems to the right; 

10 (2) by striking ‘‘The President shall impose’’ 

11 and inserting the following: 

12 ‘‘(1) IN GENERAL.—The President shall im13 pose’’; 

14 (3) by striking ‘‘section 6’’ and inserting ‘‘sec15 tion 6(a)’’; and 

16 (4) by adding at the end the following: 

17 ‘‘(2) ADDITIONAL SANCTION.— 

18 ‘‘(A) RESTRICTION.—In any case in which 

19 a person is subject to sanctions under para20 graph (1) because of an activity described in 

21 such paragraph that relates to the acquisition 

22 or development of nuclear weapons or related 

23 technology or of missiles or other advanced con24 ventional weapons that are capable of delivering 

25 a nuclear weapon, then notwithstanding any 


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1 other provision of law, the following measures 

2 shall apply with respect to the country that has 

3 jurisdiction over such person, unless the Presi4 dent determines and notifies the appropriate 

5 congressional committees that the government 

6 of such country has taken, or is taking, effec7 tive actions to penalize such person and to pre8 vent a reoccurrence of such activity in the fu9 ture: 

10 ‘‘(i) No agreement for cooperation be11 tween the United States and the govern12 ment of such country may be submitted to 

13 the President or to Congress pursuant to 

14 section 123 of the Atomic Energy Act of 

15 1954 (42 U.S.C. 2153), or may enter into 

16 force. 

17 ‘‘(ii) No license may be issued for the 

18 export, and no approval may be given for 

19 the transfer or retransfer, directly or indi20 rectly, to such country of any nuclear ma21 terial, facilities, components, or other 

22 goods, services, or technology that would 

23 be subject to an agreement to cooperation. 

24 ‘‘(B) CONSTRUCTION.—The restrictions in 

25 subparagraph (A) shall apply in addition to all 


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1 other applicable procedures, requirements, and 

2 restrictions contained in the Atomic Energy Act 

3 of 1954 and other laws. 

4 ‘‘(C) DEFINITION.—In this paragraph, the 

5 term ‘agreement for cooperation’ has the mean6 ing given that term in section 11 b. of the 

7 Atomic Energy Act of 1954 (42 U.S.C. 

8 2014(b)).’’. 

9 (d) STRENGTHENING OF WAIVER AUTHORITY AND

10 SANCTIONS IMPLEMENTATION.— 

11 (1) INVESTIGATIONS.—Section 4(f) of the Iran 

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

13 amended— 

14 (A) in paragraph (1)— 

15 (i) by striking ‘‘should initiate’’ and 

16 inserting ‘‘shall immediately initiate’’; 

17 (ii) by inserting ‘‘or 5(b)’’ after ‘‘sec18 tion 5(a)’’; and 

19 (iii) by striking ‘‘as described in such 

20 section’’ and inserting ‘‘as described in sec21 tion 5(a)(1) or other activity described in 

22 section 5(a)(2) or 5(b) (as the case may 

23 be)’’; and 

24 (B) in paragraph (2), by striking ‘‘should 

25 determine, pursuant to section 5(a), if a person 


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1 has engaged in investment activity in Iran as 

2 described in such section’’ and inserting ‘‘shall 

3 determine, pursuant to section 5(a) or (b) (as 

4 the case may be), if a person has engaged in in5 vestment activity in Iran as described in section 

6 5(a)(1) or other activity described in section 

7 5(a)(2) or 5(b) (as the case may be)’’. 

8 (2) GENERAL WAIVER AUTHORITY.—Section 

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

10 1701 note) is amended— 

11 (A) in paragraph (1)— 

12 (i) by inserting after ‘‘on a person de13 scribed in section 5(c),’’ the following: ‘‘or 

14 on a country described in section 

15 5(b)(2)(A) (if the President certifies to the 

16 appropriate congressional committees that 

17 the President is unable to make the deter18 mination described in such section 

19 5(b)(2)(A) with respect to the government 

20 of that country),’’; and 

21 (ii) by striking ‘‘important to the na22 tional interest of the United States’’ and 

23 inserting ‘‘vital to the national security in24 terest of the United States’’; and 

25 (B) in paragraph (2)— 


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1 (i) in subparagraphs (A), (B), and 

2 (D), by striking ‘‘or (b)’’ each place it ap3 pears and inserting ‘‘or (b)(1)’’; and 

4 (ii) by amending subparagraph (C) to 

5 read as follows: 

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

7 provision of the items described in paragraph 

8 (1) or (2) of section 5(a) or section 5(b)(1) to 

9 Iran’s ability to develop its petroleum resources, 

10 to maintain or expand its domestic production 

11 of refined petroleum products, to import refined 

12 petroleum products, or to develop its weapons 

13 of mass destruction or other military capabili14 ties (as the case may be); and’’. 

15 (e) REPORTS ON UNITED STATES EFFORTS TO CUR16 TAIL CERTAIN BUSINESS AND OTHER TRANSACTIONS RE17 LATING TO IRAN.—Section 10 of such Act is amended— 

18 (1) in subsection (a), by amending paragraph 

19 (4) to read as follows: 

20 ‘‘(4) Iran’s use in the Middle East, the Western 

21 Hemisphere, Africa, and other regions, of Iranian 

22 diplomats and representatives of other government 

23 and military or quasi-governmental institutions or 

24 proxies of Iran, including, but not limited to, 

25 Hezbollah, to promote acts of international terrorism 


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1 or to develop or sustain Iran’s nuclear, chemical, bi2 ological, and missile weapons programs.’’; and 

3 (2) by adding at the end the following: 

4 ‘‘(d) REPORTS ON CERTAIN BUSINESS AND OTHER

5 TRANSACTIONS RELATING TO IRAN.— 

6 ‘‘(1) IN GENERAL.—Not later than 90 days 

7 after the date of the enactment of the Iran Refined 

8 Petroleum Sanctions Act of 2009, and every 6 

9 months thereafter, the President shall submit a re10 port to the appropriate congressional committees re11 garding any person who has— 

12 ‘‘(A) provided Iran with refined petroleum 

13 products; 

14 ‘‘(B) sold, leased, or provided to Iran any 

15 goods, services, or technology that would allow 

16 Iran to maintain or expand its domestic produc17 tion of refined petroleum products; or 

18 ‘‘(C) engaged in any activity described in 

19 section 5(a)(2)(B). 

20 ‘‘(2) DESCRIPTION.—For each activity set forth 

21 in subparagraphs (A) through (C) of paragraph (1), 

22 the President shall provide a complete and detailed 

23 description of such activity, including— 

24 ‘‘(A) the date or dates of such activity; 


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1 ‘‘(B) the name of any persons who partici2 pated or invested in or facilitated such activity; 

3 ‘‘(C) the United States domiciliary of the 

4 persons referred to in subparagraph (B); 

5 ‘‘(D) any Federal Government contracts to 

6 which the persons referred to in subparagraph 

7 (B) are parties; and 

8 ‘‘(E) the steps taken by the United States 

9 to respond to such activity. 

10 ‘‘(3) ADDITIONAL INFORMATION.—The report 

11 required by this subsection shall also include a list 

12 of— 

13 ‘‘(A) any person that the President deter14 mines is an agent, alias, front, instrumentality, 

15 representative, official, or affiliate of the Is16 lamic Revolutionary Guard Corps or is an indi17 vidual serving as a representative of the Islamic 

18 Revolutionary Guard Corps; 

19 ‘‘(B) any person that the President deter20 mines has knowingly provided material support 

21 to the Islamic Revolutionary Guard Corps or an 

22 agent, alias, front, instrumentality, representa23 tive, official, or affiliate of the Islamic Revolu24 tionary Guard Corps; and 


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1 ‘‘(C) any person who has conducted any 

2 commercial transaction or financial transaction 

3 with the Islamic Revolutionary Guards Corps or 

4 an agent, alias, front, instrumentality, rep5 resentative, official, or affiliate of the Islamic 

6 Revolutionary Guard Corps. 

7 ‘‘(4) FORM OF REPORTS; PUBLICATION.—The 

8 reports required under this subsection shall be— 

9 ‘‘(A) submitted in unclassified form, but 

10 may contain a classified annex; and 

11 ‘‘(B) published in the Federal Register. 

12 ‘‘(e) REPORTS ON GLOBAL TRADE RELATING TO

13 IRAN.—Not later than one year after the date of the en14 actment of the Iran Refined Petroleum Sanctions Act of 

15 2009 and annually thereafter, the President shall submit 

16 to the appropriate congressional committees a report, with 

17 respect to the immediately preceding 12-month period, on 

18 the dollar value amount of trade, including in the energy 

19 sector, between Iran and each country maintaining mem20 bership in the Group of Twenty Finance Ministers and 

21 Central Bank Governors.’’. 

22 (f) CLARIFICATION AND EXPANSION OF DEFINI23 TIONS.—Section 14 of such Act is amended— 

24 (1) in paragraph (13)(B)— 


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1 (A) by inserting ‘‘financial institution, in2 surer, underwriter, guarantor, any other busi3 ness organization, including any foreign sub4 sidiary, parent, or affiliate of such a business 

5 organization,’’ after ‘‘trust,’’; and 

6 (B) by inserting ‘‘, such as an export cred7 it agency’’ before the semicolon at the end; 

8 (2) by redesignating paragraphs (15) and (16) 

9 as paragraphs (17) and (18), respectively; and 

10 (3) by striking paragraph (14) and inserting 

11 the following: 

12 ‘‘(14) KNOWINGLY.—The term ‘knowingly’ 

13 means— 

14 ‘‘(A) having actual knowledge; or 

15 ‘‘(B) having the constructive knowledge 

16 deemed to be possessed by a reasonable indi17 vidual who acts under similar circumstances. 

18 ‘‘(15) PETROLEUM RESOURCES.—The term ‘pe19 troleum resources’ includes petroleum, oil or lique20 fied natural gas, oil or liquefied natural gas tankers, 

21 and products used to construct or maintain pipelines 

22 used to transport oil or compressed or liquefied nat23 ural gas. 

24 ‘‘(16) REFINED PETROLEUM PRODUCTS.—The 

25 term ‘refined petroleum products’ means gasoline, 


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1 kerosene, diesel fuel, residual fuel oil, and distillates 

2 and other goods classified in headings 2709 and 

3 2710 of the Harmonized Tariff Schedule of the 

4 United States.’’. 

5 (g) TERMINATION OF CERTAIN PROVISIONS.—Sec6 tion 8 of the Iran Sanctions Act of 1996 is amended— 

7 (1) by striking ‘‘The requirement under section 

8 5(a)’’ and inserting ‘‘(a) SANCTIONS RELATING TO

9 INVESTMENT.—The requirement under section 

10 5(a)(1)(A)’’; 

11 (2) by striking ‘‘with respect to Iran’’; and 

12 (3) by adding at the end the following: 

13 ‘‘(b) REFINED PETROLEUM PRODUCTS.—The re14 quirements under paragraphs (1)(B) and (2) of section 

15 5(a) and section 6(b) to impose sanctions shall no longer 

16 have force or effect if the President determines and cer17 tifies to the appropriate congressional committees that 

18 Iran— 

19 ‘‘(1) has ceased its efforts to design, develop, 

20 manufacture, or acquire a nuclear explosive device or 

21 related materials and technology; and 

22 ‘‘(2) has ceased nuclear-related activities, in23 cluding uranium enrichment, that would facilitate 

24 the efforts described in paragraph (1).’’. 


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1 (h) EXTENSION OF ACT.—Section 13(b) of the Iran 

2 Sanctions Act of 1996 is amended by striking ‘‘2011’’ and 

3 inserting ‘‘2016’’. 

4 (i) TECHNICAL AMENDMENTS.— 

5 (1) MULTILATERAL REGIME.—Section 4 of 

6 such Act is amended— 

7 (A) in subsection (b)(2), by striking ‘‘(in 

8 addition to that provided in subsection (d))’’; 

9 and 

10 (B) by striking subsection (d) and redesig11 nating subsections (e) and (f) as subsections (d) 

12 and (e), respectively. 

13 (2) REFERENCE TO COMMITTEE ON FOREIGN

14 AFFAIRS.—Section 14(2) of such Act is amended by 

15 striking ‘‘International Relations’’ and inserting 

16 ‘‘Foreign Affairs’’. 

17 (3) CONFORMING AMENDMENTS.—(A) Section 

18 5(c)(1) of such Act is amended by striking ‘‘or (b)’’ 

19 and inserting ‘‘or (b)(1)’’. 

20 (B) Section 9(a) of such Act is amended by 

21 striking ‘‘or 5(b)’’ each place it appears and insert22 ing ‘‘or 5(b)(1)’’. 

23 SEC. 4. EFFECTIVE DATE; RULE OF CONSTRUCTION. 

24 (a) IN GENERAL.—The amendments made by this 

25 Act shall take effect upon the expiration of the 60-day 


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1 period beginning on the date of the enactment of this Act, 

2 except that— 

3 (1) paragraphs (1) and (2) of section 5(a), sec4 tion 5(b)(2), and section 6(b), of the Iran Sanctions 

5 Act of 1996, as amended by this Act, shall apply to 

6 conduct engaged in on or after October 28, 2009, 

7 notwithstanding section 5(f)(3) of the Iran Sanc8 tions Act of 1996; and 

9 (2) the amendments made by subsection (d) of 

10 section 3 of this Act shall apply with respect to con11 duct engaged in before, on, or after the date of the 

12 enactment of this Act. 

13 (b) RULE OF CONSTRUCTION.— 

14 (1) EXISTING SANCTIONS NOT AFFECTED.— 

15 The amendments made by subsections (a) and (b) of 

16 section 3 of this Act shall not be construed to affect 

17 the requirements of section 5(a) of the Iran Sanc18 tions Act of 1996 as in effect before the date of the 

19 enactment of this Act, and such requirements con20 tinue to apply, on and after such date of enactment, 

21 to conduct engaged in before October 28, 2009. 

22 (2) WAIVER AUTHORITY.—The amendments 

23 made by subsection (d) of section 3 of this Act shall 

24 not be construed to affect any exercise of the au25 thority under section 4(f) or section 9(c) of the Iran 


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1 Sanctions Act of 1996 as in effect on the day before 

2 the date of the enactment of this Act. 

Passed the House of Representatives December 15, 

2009. 

Attest: LORRAINE C. MILLER, 

Clerk. 


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