II 

115TH CONGRESS 

1ST SESSION S. 15 

To impose sanctions with respect to the ballistic missile program of Iran, 

and for other purposes. 

IN THE SENATE OF THE UNITED STATES 

JANUARY 3, 2017 

Mr. HELLER introduced the following bill; which was read twice and referred 

to the Committee on Banking, Housing, and Urban Affairs 

A BILL 

To impose sanctions with respect to the ballistic missile 

program of Iran, and for other purposes. 

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

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Iran Ballistic Missile 

5 Sanctions Act’’. 

6 SEC. 2. FINDINGS. 

7 Congress finds the following: 

8 (1) On April 2, 2015, President Barack Obama 

9 said, ‘‘Other American sanctions on Iran for its sup10 port of terrorism, its human rights abuses, its balVerDate Sep 11 2014 23:49 Jan 03, 2017 Jkt 069200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\S15.IS S15

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1 listic missile program, will continue to be fully en2 forced.’’. 

3 (2) On July 7, 2015, General Martin Dempsey, 

4 then-Chairman of the Joint Chiefs of Staff, said, 

5 ‘‘Under no circumstances should we relieve the pres6 sure on Iran relative to ballistic missile capabili7 ties.’’. 

8 (3) On July 29, 2015, in his role as the top 

9 military officer in the United States and advisor to 

10 the President, General Dempsey confirmed that his 

11 military recommendation was that sanctions relating 

12 to the ballistic missile program of Iran not be lifted. 

13 (4) The Government of Iran and Iran’s Revolu14 tionary Guard Corps have been responsible for the 

15 repeated testing of illegal ballistic missiles capable of 

16 carrying a nuclear device, including observed tests in 

17 October and November 2015 and March 2016, vio18 lating United Nations Security Council resolutions. 

19 (5) On October 14, 2015, Samantha Power, 

20 United States Ambassador to the United Nations, 

21 said, ‘‘One of the really important features in imple22 mentation of the recent Iran deal to dismantle Iran’s 

23 nuclear program is going to have to be enforcement 

24 of the resolutions and the standards that remain on 

25 the books.’’. 


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1 (6) On December 11, 2015, the United Nations 

2 Panel of Experts concluded that the missile launch 

3 on October 10, 2015, ‘‘was a violation by Iran of 

4 paragraph 9 of Security Council resolution 1929 

5 (2010)’’. 

6 (7) On January 17, 2016, Adam Szubin, Acting 

7 Under Secretary for Terrorism and Financial Intel8 ligence, stated, ‘‘Iran’s ballistic missile program 

9 poses a significant threat to regional and global se10 curity, and it will continue to be subject to inter11 national sanctions. We have consistently made clear 

12 that the United States will vigorously press sanc13 tions against Iranian activities outside of the Joint 

14 Comprehensive Plan of Action—including those re15 lated to Iran’s support for terrorism, regional desta16 bilization, human rights abuses, and ballistic missile 

17 program.’’. 

18 (8) On February 9, 2016, James Clapper, Di19 rector of National Intelligence, testified that, ‘‘We 

20 judge that Tehran would choose ballistic missiles as 

21 its preferred method of delivering nuclear weapons, 

22 if it builds them. Iran’s ballistic missiles are inher23 ently capable of delivering WMD, and Tehran al24 ready has the largest inventory of ballistic missiles 

25 in the Middle East. Iran’s progress on space launch 


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1 vehicles—along with its desire to deter the United 

2 States and its allies—provides Tehran with the 

3 means and motivation to develop longer-range mis4 siles, including ICBMs.’’. 

5 (9) On March 9, 2016, Iran reportedly fired 

6 two Qadr ballistic missiles with a range of more 

7 than 1,000 miles and according to public reports, 

8 the missiles were marked with a statement in He9 brew reading, ‘‘Israel must be wiped off the arena 

10 of time.’’. 

11 (10) On March 11, 2016, Ambassador Power 

12 called the recent ballistic missile launches by Iran 

13 ‘‘provocative and destabilizing’’ and called on the 

14 international community to ‘‘degrade Iran’s missile 

15 program’’. 

16 (11) On March 14, 2016, Ambassador Power 

17 said that the recent ballistic missile launches by Iran 

18 were ‘‘in defiance of provisions of UN Security 

19 Council Resolution 2231’’. 

20 (12) Iran has demonstrated the ability to 

21 launch multiple rockets from fortified underground 

22 facilities and mobile launch sites not previously 

23 known. 

24 (13) The ongoing procurement by Iran of tech25 nologies needed to boost the range, accuracy, and 


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1 payloads of its diverse ballistic missile arsenal rep2 resents a threat to deployed personnel of the United 

3 States and allies of the United States in Europe and 

4 the Middle East, including Israel. 

5 (14) Ashton Carter, Secretary of Defense, testi6 fied in a hearing before the Armed Services Com7 mittee of the Senate on July 7, 2015, that, ‘‘[T]he 

8 reason that we want to stop Iran from having an 

9 ICBM program is that the I in ICBM stands for 

10 intercontinental, which means having the capability 

11 to fly from Iran to the United States, and we don’t 

12 want that. That’s why we oppose ICBMs.’’. 

13 (15) Through recent ballistic missile launch 

14 tests the Government of Iran has shown blatant dis15 regard for international laws and its intention to 

16 continue tests of that nature throughout the imple17 mentation of the Joint Comprehensive Plan of Ac18 tion. 

19 (16) The banking sector of Iran has facilitated 

20 the financing of the ballistic missile programs in 

21 Iran and evidence has not been provided that enti22 ties in that sector have ceased facilitating the financ23 ing of those programs. 

24 (17) Iran has been able to amass a large arse25 nal of ballistic missiles through its illicit smuggling 


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1 networks and domestic manufacturing capabilities 

2 that have been supported and maintained by Iran’s 

3 Revolutionary Guard Corps and specific sectors of 

4 the economy of Iran. 

5 (18) Penetration by Iran’s Revolutionary Guard 

6 Corps into the economy of Iran is well documented 

7 including investments in the construction, auto8 motive, telecommunications, electronics, mining, 

9 metallurgy, and petrochemical sectors of the econ10 omy of Iran. 

11 (19) Items procured through sectors of Iran 

12 specified in paragraph (18) have dual use applica13 tions that are currently being used to create ballistic 

14 missiles in Iran and will continue to be a source of 

15 materials for the creation of future weapons. 

16 (20) In order to curb future illicit activity by 

17 Iran, the Government of the United States and the 

18 international community must take action against 

19 persons that facilitate and profit from the illegal ac20 quisition of ballistic missile parts and technology in 

21 support of the missile programs of Iran. 

22 SEC. 3. SENSE OF CONGRESS. 

23 It is the sense of Congress that— 

24 (1) the ballistic missile program of Iran rep25 resents a serious threat to allies of the United States 


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1 in the Middle East and Europe, members of the 

2 Armed Forces deployed in the those regions, and ul3 timately the United States; 

4 (2) the testing and production by Iran of bal5 listic missiles capable of carrying a nuclear device is 

6 a clear violation of United Nations Security Council 

7 Resolution 2231 (2015), which was unanimously 

8 adopted by the international community; 

9 (3) Iran is using its space launch program to 

10 develop the capabilities necessary to deploy an inter11 continental ballistic missile that could threaten the 

12 United States, and the Director of National Intel13 ligence has assessed that Iran would use ballistic 

14 missiles as its ‘‘preferred method of delivering nu15 clear weapons’’; and 

16 (4) the Government of the United States should 

17 impose tough primary and secondary sanctions 

18 against any sector of the economy of Iran or any 

19 Iranian person that directly or indirectly supports 

20 the ballistic missile program of Iran as well as any 

21 foreign person or financial institution that engages 

22 in transactions or trade that support that program. 


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1 SEC. 4. EXPANSION OF SANCTIONS WITH RESPECT TO EF2 FORTS BY IRAN TO ACQUIRE BALLISTIC MIS3 SILE AND RELATED TECHNOLOGY. 

4 (a) CERTAIN PERSONS.—Section 1604(a) of the 

5 Iran-Iraq Arms Non-Proliferation Act of 1992 (Public 

6 Law 102–484; 50 U.S.C. 1701 note) is amended by insert7 ing ‘‘, to acquire ballistic missile or related technology,’’ 

8 after ‘‘nuclear weapons’’. 

9 (b) FOREIGN COUNTRIES.—Section 1605(a) of the 

10 Iran-Iraq Arms Non-Proliferation Act of 1992 (Public 

11 Law 102–484; 50 U.S.C. 1701 note) is amended, in the 

12 matter preceding paragraph (1), by inserting ‘‘, to acquire 

13 ballistic missile or related technology,’’ after ‘‘nuclear 

14 weapons’’. 

15 SEC. 5. EXPANSION OF SANCTIONS WITH RESPECT TO PER16 SONS THAT ACQUIRE OR DEVELOP BAL17 LISTIC MISSILES. 

18 Section 5(b)(1)(B) of the Iran Sanctions Act of 1996 

19 (Public Law 104–172; 50 U.S.C. 1701 note) is amend20 ed— 

21 (1) in clause (i), by striking ‘‘would likely’’ and 

22 inserting ‘‘may’’; and 

23 (2) in clause (ii)— 

24 (A) in subclause (I), by striking ‘‘; or’’ and 

25 inserting a semicolon; 


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1 (B) by redesignating subclause (II) as sub2 clause (III); and 

3 (C) by inserting after subclause (I) the fol4 lowing: 

5 ‘‘(II) acquire or develop ballistic 

6 missiles and the capability to launch 

7 ballistic missiles; or’’. 

8 SEC. 6. IMPOSITION OF SANCTIONS WITH RESPECT TO BAL9 LISTIC MISSILE PROGRAM OF IRAN. 

10 (a) IN GENERAL.—Title II of the Iran Threat Reduc11 tion and Syria Human Rights Act of 2012 (22 U.S.C. 

12 8721 et seq.) is amended by adding at the end the fol13 lowing: 

14 ‘‘Subtitle C—Measures Relating to 

15 Ballistic Missile Program of Iran 

16 ‘‘SEC. 231. DEFINITIONS. 

17 ‘‘(a) IN GENERAL.—In this subtitle: 

18 ‘‘(1) AGRICULTURAL COMMODITY.—The term 

19 ‘agricultural commodity’ has the meaning given that 

20 term in section 102 of the Agricultural Trade Act of 

21 1978 (7 U.S.C. 5602). 

22 ‘‘(2) APPROPRIATE COMMITTEES OF CON23 GRESS.—The term ‘appropriate committees of Con24 gress’ means— 


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1 ‘‘(A) the committees specified in section 

2 14(2) of the Iran Sanctions Act of 1996 (Public 

3 Law 104–172; 50 U.S.C. 1701 note); and 

4 ‘‘(B) the congressional defense committees, 

5 as defined in section 101 of title 10, United 

6 States Code. 

7 ‘‘(3) CORRESPONDENT ACCOUNT; PAYABLE8 THROUGH ACCOUNT.—The terms ‘correspondent ac9 count’ and ‘payable-through account’ have the mean10 ings given those terms in section 5318A of title 31, 

11 United States Code. 

12 ‘‘(4) FOREIGN FINANCIAL INSTITUTION.—The 

13 term ‘foreign financial institution’ has the meaning 

14 of that term as determined by the Secretary of the 

15 Treasury pursuant to section 104(i) of the Com16 prehensive Iran Sanctions, Accountability, and Di17 vestment Act of 2010 (22 U.S.C. 8513(i)). 

18 ‘‘(5) GOOD.—The term ‘good’ has the meaning 

19 given that term in section 16 of the Export Adminis20 tration Act of 1979 (50 U.S.C. 4618) (as continued 

21 in effect pursuant to the International Emergency 

22 Economic Powers Act (50 U.S.C. 1701 et seq.)). 

23 ‘‘(6) GOVERNMENT.—The term ‘Government’, 

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1 cies or instrumentalities of that Government and any 

2 entities controlled by that Government. 

3 ‘‘(7) MEDICAL DEVICE.—The term ‘medical de4 vice’ has the meaning given the term ‘device’ in sec5 tion 201 of the Federal Food, Drug, and Cosmetic 

6 Act (21 U.S.C. 321). 

7 ‘‘(8) MEDICINE.—The term ‘medicine’ has the 

8 meaning given the term ‘drug’ in section 201 of the 

9 Federal Food, Drug, and Cosmetic Act (21 U.S.C. 

10 321). 

11 ‘‘(b) DETERMINATIONS OF SIGNIFICANCE.—For pur12 poses of this subtitle, in determining if financial trans13 actions or financial services are significant, the President 

14 may consider the totality of the facts and circumstances, 

15 including factors similar to the factors set forth in section 

16 561.404 of title 31, Code of Federal Regulations (or any 

17 corresponding similar regulation or ruling). 

18 ‘‘SEC. 232. IMPOSITION OF SANCTIONS WITH RESPECT TO 

19 PERSONS THAT SUPPORT THE BALLISTIC 

20 MISSILE PROGRAM OF IRAN. 

21 ‘‘(a) IDENTIFICATION OF PERSONS.— 

22 ‘‘(1) IN GENERAL.—Not later than 120 days 

23 after the date of the enactment of the Iran Ballistic 

24 Missile Sanctions Act, and not less frequently than 

25 once every 180 days thereafter, the President shall, 


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1 in coordination with the Secretary of Defense, the 

2 Director of National Intelligence, the Secretary of 

3 the Treasury, and the Secretary of State, submit to 

4 the appropriate committees of Congress a report 

5 identifying persons that have knowingly aided the 

6 Government of Iran in the development of the bal7 listic missile program of Iran. 

8 ‘‘(2) ELEMENTS.—Each report required by 

9 paragraph (1) shall include the following: 

10 ‘‘(A) An identification of persons 

11 (disaggregated by Iranian and non-Iranian per12 sons) that have knowingly aided the Govern13 ment of Iran in the development of the ballistic 

14 missile program of Iran, including persons that 

15 have— 

16 ‘‘(i) knowingly engaged in the direct 

17 or indirect provision of material support to 

18 such program; 

19 ‘‘(ii) knowingly facilitated, supported, 

20 or engaged in activities to further the de21 velopment of such program; 

22 ‘‘(iii) knowingly transmitted informa23 tion relating to ballistic missiles to the 

24 Government of Iran; or 


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1 ‘‘(iv) otherwise knowingly aided such 

2 program. 

3 ‘‘(B) A description of the character and 

4 significance of the cooperation of each person 

5 identified under subparagraph (A) with the 

6 Government of Iran with respect to such pro7 gram. 

8 ‘‘(C) An assessment of the cooperation of 

9 the Government of the Democratic People’s Re10 public of Korea with the Government of Iran 

11 with respect to such program. 

12 ‘‘(3) CLASSIFIED ANNEX.—Each report re13 quired by paragraph (1) shall be submitted in un14 classified form, but may contain a classified annex. 

15 ‘‘(b) BLOCKING OF PROPERTY.— 

16 ‘‘(1) IN GENERAL.—Not later than 15 days 

17 after submitting a report required by subsection 

18 (a)(1), the President shall, in accordance with the 

19 International Emergency Economic Powers Act (50 

20 U.S.C. 1701 et seq.), block and prohibit all trans21 actions in all property and interests in property of 

22 any person specified in such report if such property 

23 and interests in property are in the United States, 

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1 in the possession or control of a United States per2 son. 

3 ‘‘(2) INAPPLICABILITY OF NATIONAL EMER4 GENCY REQUIREMENT.—The requirements under 

5 section 202 of the International Emergency Eco6 nomic Powers Act (50 U.S.C. 1701) shall not apply 

7 for purposes of this subsection. 

8 ‘‘(c) EXCLUSION FROM UNITED STATES.— 

9 ‘‘(1) IN GENERAL.—Except as provided in para10 graph (2), the Secretary of State shall deny a visa 

11 to, and the Secretary of Homeland Security shall ex12 clude from the United States, any alien subject to 

13 blocking of property and interests in property under 

14 subsection (b). 

15 ‘‘(2) COMPLIANCE WITH UNITED NATIONS

16 HEADQUARTERS AGREEMENT.—Paragraph (1) shall 

17 not apply to the head of state of Iran, or necessary 

18 staff of that head of state, if admission to the 

19 United States is necessary to permit the United 

20 States to comply with the Agreement regarding the 

21 Headquarters of the United Nations, signed at Lake 

22 Success June 26, 1947, and entered into force No23 vember 21, 1947, between the United Nations and 

24 the United States. 


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1 ‘‘(d) FACILITATION OF CERTAIN TRANSACTIONS.— 

2 The President shall prohibit the opening, and prohibit or 

3 impose strict conditions on the maintaining, in the United 

4 States of a correspondent account or a payable-through 

5 account by a foreign financial institution that the Presi6 dent determines knowingly, on or after the date that is 

7 180 days after the date of the enactment of the Iran Bal8 listic Missile Sanctions Act, conducts or facilitates a sig9 nificant financial transaction for a person subject to block10 ing of property and interests in property under subsection 

11 (b). 

12 ‘‘SEC. 233. BLOCKING OF PROPERTY OF PERSONS AFFILI13 ATED WITH CERTAIN IRANIAN ENTITIES. 

14 ‘‘(a) BLOCKING OF PROPERTY.— 

15 ‘‘(1) IN GENERAL.—The President shall, in ac16 cordance with the International Emergency Eco17 nomic Powers Act (50 U.S.C. 1701 et seq.), block 

18 and prohibit all transactions in all property and in19 terests in property of any person described in para20 graph (3) if such property and interests in property 

21 are in the United States, come within the United 

22 States, or are or come within the possession or con23 trol of a United States person. 

24 ‘‘(2) INAPPLICABILITY OF NATIONAL EMER25 GENCY REQUIREMENT.—The requirements under 


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1 section 202 of the International Emergency Eco2 nomic Powers Act (50 U.S.C. 1701) shall not apply 

3 for purposes of this subsection. 

4 ‘‘(3) PERSONS DESCRIBED.—A person de5 scribed in this paragraph is— 

6 ‘‘(A) an entity that is owned, directly or 

7 indirectly, by a 25 percent or greater interest— 

8 ‘‘(i) by the Aerospace Industries Or9 ganization, the Shahid Hemmat Industrial 

10 Group, the Shahid Bakeri Industrial 

11 Group, or any agent or affiliate of such or12 ganization or group; or 

13 ‘‘(ii) collectively by a group of individ14 uals that hold an interest in the Aerospace 

15 Industries Organization, the Shahid 

16 Hemmat Industrial Group, the Shahid 

17 Bakeri Industrial Group, or any agent or 

18 affiliate of such organization or group, 

19 even if none of those individuals hold a 25 

20 percent or greater interest in the entity; 

21 ‘‘(B) a person that controls, manages, or 

22 directs an entity described in subparagraph (A); 

23 or 


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1 ‘‘(C) an individual who is on the board of 

2 directors of an entity described in subparagraph 

3 (A). 

4 ‘‘(b) FACILITATION OF CERTAIN TRANSACTIONS.— 

5 The President shall prohibit the opening, and prohibit or 

6 impose strict conditions on the maintaining, in the United 

7 States of a correspondent account or a payable-through 

8 account by a foreign financial institution that the Presi9 dent determines knowingly, on or after the date that is 

10 180 days after the date of the enactment of the Iran Bal11 listic Missile Sanctions Act, conducts or facilitates a sig12 nificant financial transaction for a person subject to block13 ing of property and interests in property under subsection 

14 (a). 

15 ‘‘(c) IRAN MISSILE PROLIFERATION WATCH LIST.— 

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

17 after the date of the enactment of the Iran Ballistic 

18 Missile Sanctions Act, and not less frequently than 

19 annually thereafter, the Secretary of the Treasury 

20 shall submit to the appropriate committees of Con21 gress and publish in the Federal Register a list of— 

22 ‘‘(A) each entity in which the Aerospace 

23 Industries Organization, the Shahid Hemmat 

24 Industrial Group, the Shahid Bakeri Industrial 

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1 zation or group has an ownership interest of 

2 more than 0 percent and less than 25 percent; 

3 ‘‘(B) each entity in which the Aerospace 

4 Industries Organization, the Shahid Hemmat 

5 Industrial Group, the Shahid Bakeri Industrial 

6 Group, or any agent or affiliate of such organi7 zation or group does not have an ownership in8 terest but maintains a presence on the board of 

9 directors of the entity or otherwise influences 

10 the actions, policies, or personnel decisions of 

11 the entity; and 

12 ‘‘(C) each person that controls, manages, 

13 or directs an entity described in subparagraph 

14 (A) or (B). 

15 ‘‘(2) REFERENCE.—The list required by para16 graph (1) may be referred to as the ‘Iran Missile 

17 Proliferation Watch List’. 

18 ‘‘(d) COMPTROLLER GENERAL REPORT.— 

19 ‘‘(1) IN GENERAL.—The Comptroller General of 

20 the United States shall— 

21 ‘‘(A) conduct a review of each list required 

22 by subsection (c)(1); and 

23 ‘‘(B) not later than 60 days after each 

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1 mit to the appropriate committees of Congress 

2 a report on the review conducted under sub3 paragraph (A) that includes a list of persons 

4 not included in that list that qualify for inclu5 sion in that list, as determined by the Comp6 troller General. 

7 ‘‘(2) CONSULTATIONS.—In preparing the report 

8 required by paragraph (1)(B), the Comptroller Gen9 eral shall consult with nongovernmental organiza10 tions. 

11 ‘‘SEC. 234. IMPOSITION OF SANCTIONS WITH RESPECT TO 

12 CERTAIN PERSONS INVOLVED IN BALLISTIC 

13 MISSILE ACTIVITIES. 

14 ‘‘(a) CERTIFICATION.—Not later than 120 days after 

15 the date of the enactment of the Iran Ballistic Missile 

16 Sanctions Act, and not less frequently than once every 180 

17 days thereafter, the President shall submit to the appro18 priate committees of Congress a certification that each 

19 person listed in an annex of United Nations Security 

20 Council Resolution 1737 (2006), 1747 (2007), or 1929 

21 (2010) is not directly or indirectly facilitating, supporting, 

22 or involved with the development of or transfer to Iran 

23 of ballistic missiles or technology, parts, components, or 

24 technology information relating to ballistic missiles. 

25 ‘‘(b) BLOCKING OF PROPERTY.— 


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1 ‘‘(1) IN GENERAL.—If the President is unable 

2 to make a certification under subsection (a) with re3 spect to a person and the person is not currently 

4 subject to sanctions with respect to Iran under any 

5 other provision of law, the President shall, not later 

6 than 15 days after that certification would have been 

7 required under that subsection— 

8 ‘‘(A) in accordance with the International 

9 Emergency Economic Powers Act (50 U.S.C. 

10 1701 et seq.), block and prohibit all trans11 actions in all property and interests in property 

12 of that person if such property and interests in 

13 property are in the United States, come within 

14 the United States, or are or come within the 

15 possession or control of a United States person; 

16 and 

17 ‘‘(B) publish in the Federal Register a re18 port describing the reason why the President 

19 was unable to make a certification with respect 

20 to that person. 

21 ‘‘(2) INAPPLICABILITY OF NATIONAL EMER22 GENCY REQUIREMENT.—The requirements under 

23 section 202 of the International Emergency Eco24 nomic Powers Act (50 U.S.C. 1701) shall not apply 

25 for purposes of this subsection. 


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1 ‘‘(c) EXCLUSION FROM UNITED STATES.— 

2 ‘‘(1) IN GENERAL.—Except as provided in para3 graph (2), the Secretary of State shall deny a visa 

4 to, and the Secretary of Homeland Security shall ex5 clude from the United States, any alien subject to 

6 blocking of property and interests in property under 

7 subsection (b). 

8 ‘‘(2) COMPLIANCE WITH UNITED NATIONS

9 HEADQUARTERS AGREEMENT.—Paragraph (1) shall 

10 not apply to the head of state of Iran, or necessary 

11 staff of that head of state, if admission to the 

12 United States is necessary to permit the United 

13 States to comply with the Agreement regarding the 

14 Headquarters of the United Nations, signed at Lake 

15 Success June 26, 1947, and entered into force No16 vember 21, 1947, between the United Nations and 

17 the United States. 

18 ‘‘(d) FACILITATION OF CERTAIN TRANSACTIONS.— 

19 The President shall prohibit the opening, and prohibit or 

20 impose strict conditions on the maintaining, in the United 

21 States of a correspondent account or a payable-through 

22 account by a foreign financial institution that the Presi23 dent determines knowingly, on or after the date that is 

24 180 days after the date of the enactment of the Iran Bal25 listic Missile Sanctions Act, conducts or facilitates a sigVerDate Sep 11 2014 23:49 Jan 03, 2017 Jkt 069200 PO 00000 Frm 00021 Fmt 6652 Sfmt 6201 E:\BILLS\S15.IS S15

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1 nificant financial transaction for a person subject to block2 ing of property and interests in property under subsection 

3 (b). 

4 ‘‘SEC. 235. IMPOSITION OF SANCTIONS WITH RESPECT TO 

5 CERTAIN SECTORS OF IRAN THAT SUPPORT 

6 THE BALLISTIC MISSILE PROGRAM OF IRAN. 

7 ‘‘(a) LIST OF SECTORS.— 

8 ‘‘(1) IN GENERAL.—Not later than 120 days 

9 after the date of the enactment of the Iran Ballistic 

10 Missile Sanctions Act, and not less frequently than 

11 once every 180 days thereafter, the President shall 

12 submit to the appropriate committees of Congress 

13 and publish in the Federal Register a list of the sec14 tors of the economy of Iran that are directly or indi15 rectly facilitating, supporting, or involved with the 

16 development of or transfer to Iran of ballistic mis17 siles or technology, parts, components, or technology 

18 information relating to ballistic missiles. 

19 ‘‘(2) CERTAIN SECTORS.— 

20 ‘‘(A) IN GENERAL.—Not later than 120 

21 days after the date of enactment of the Iran 

22 Ballistic Missile Sanctions Act, the President 

23 shall submit to the appropriate committees of 

24 Congress a determination as to whether each of 

25 the automotive, chemical, computer science, 


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1 construction, electronic, energy, metallurgy, 

2 mining, petrochemical, research (including uni3 versities and research institutions), and tele4 communications sectors of Iran meet the cri5 teria specified in paragraph (1). 

6 ‘‘(B) INCLUSION IN INITIAL LIST.—If the 

7 President determines under subparagraph (A) 

8 that the sectors of the economy of Iran speci9 fied in such subparagraph meet the criteria 

10 specified in paragraph (1), that sector shall be 

11 included in the initial list submitted and pub12 lished under that paragraph. 

13 ‘‘(b) SANCTIONS WITH RESPECT TO SPECIFIED SEC14 TORS OF IRAN.— 

15 ‘‘(1) BLOCKING OF PROPERTY.— 

16 ‘‘(A) IN GENERAL.—The President shall, 

17 in accordance with the International Emergency 

18 Economic Powers Act (50 U.S.C. 1701 et seq.), 

19 block and prohibit all transactions in all prop20 erty and interests in property of any person de21 scribed in paragraph (4) if such property and 

22 interests in property are in the United States, 

23 come within the United States, or are or come 

24 within the possession or control of a United 

25 States person. 


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1 ‘‘(B) INAPPLICABILITY OF NATIONAL

2 EMERGENCY REQUIREMENT.—The requirements 

3 under section 202 of the International Emer4 gency Economic Powers Act (50 U.S.C. 1701) 

5 shall not apply for purposes of this paragraph. 

6 ‘‘(2) EXCLUSION FROM UNITED STATES.— 

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

8 subparagraph (B), the Secretary of State shall 

9 deny a visa to, and the Secretary of Homeland 

10 Security shall exclude from the United States, 

11 any alien that is a person described in para12 graph (4). 

13 ‘‘(B) COMPLIANCE WITH UNITED NATIONS

14 HEADQUARTERS AGREEMENT.—Subparagraph 

15 (A) shall not apply to the head of state of Iran, 

16 or necessary staff of that head of state, if ad17 mission to the United States is necessary to 

18 permit the United States to comply with the 

19 Agreement regarding the Headquarters of the 

20 United Nations, signed at Lake Success June 

21 26, 1947, and entered into force November 21, 

22 1947, between the United Nations and the 

23 United States. 

24 ‘‘(3) FACILITATION OF CERTAIN TRANS25 ACTIONS.—Except as provided in this section, the 


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1 President shall prohibit the opening, and prohibit or 

2 impose strict conditions on the maintaining, in the 

3 United States of a correspondent account or a pay4 able-through account by a foreign financial institu5 tion that the President determines knowingly, on or 

6 after the date that is 180 days after the date of the 

7 enactment of the Iran Ballistic Missile Sanctions 

8 Act, conducts or facilitates a significant financial 

9 transaction for a person described in paragraph (4). 

10 ‘‘(4) PERSONS DESCRIBED.—A person is de11 scribed in this paragraph if the President determines 

12 that the person, on or after the date that is 180 

13 days after the date of the enactment of the Iran 

14 Ballistic Missile Sanctions Act— 

15 ‘‘(A) operates in a sector of the economy 

16 of Iran included in the most recent list pub17 lished by the President under subsection (a); 

18 ‘‘(B) knowingly provides significant finan19 cial, material, technological, or other support to, 

20 or goods or services in support of, any activity 

21 or transaction on behalf of or for the benefit of 

22 a person described in subparagraph (A); or 

23 ‘‘(C) is owned or controlled by a person de24 scribed in subparagraph (A). 


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1 ‘‘(c) HUMANITARIAN EXCEPTION.—The President 

2 may not impose sanctions under this section with respect 

3 to any person for conducting or facilitating a transaction 

4 for the sale of agricultural commodities, food, medicine, 

5 or medical devices to Iran or for the provision of humani6 tarian assistance to the people of Iran. 

7 ‘‘SEC. 236. IDENTIFICATION OF FOREIGN PERSONS THAT 

8 SUPPORT THE BALLISTIC MISSILE PROGRAM 

9 OF IRAN IN CERTAIN SECTORS OF IRAN. 

10 ‘‘(a) IN GENERAL.—Not later than 120 days after 

11 the date of the enactment of the Iran Ballistic Missile 

12 Sanctions Act, and not less frequently than annually 

13 thereafter, the President shall submit to the appropriate 

14 committees of Congress and publish in the Federal Reg15 ister a list of all foreign persons that have, based on cred16 ible information, directly or indirectly facilitated, sup17 ported, or been involved with the development of ballistic 

18 missiles or technology, parts, components, or technology 

19 information related to ballistic missiles in the following 

20 sectors of the economy of Iran during the period specified 

21 in subsection (b): 

22 ‘‘(1) Automotive. 

23 ‘‘(2) Chemical. 

24 ‘‘(3) Computer Science. 

25 ‘‘(4) Construction. 


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1 ‘‘(5) Electronic. 

2 ‘‘(6) Energy. 

3 ‘‘(7) Metallurgy. 

4 ‘‘(8) Mining. 

5 ‘‘(9) Petrochemical. 

6 ‘‘(10) Research (including universities and re7 search institutions). 

8 ‘‘(11) Telecommunications. 

9 ‘‘(12) Any other sector of the economy of Iran 

10 identified under section 235(a). 

11 ‘‘(b) PERIOD SPECIFIED.—The period specified in 

12 this subsection is— 

13 ‘‘(1) with respect to the first list submitted 

14 under subsection (a), the period beginning on the 

15 date of the enactment of the Iran Ballistic Missile 

16 Sanctions Act and ending on the date that is 120 

17 days after such date of enactment; and 

18 ‘‘(2) with respect to each subsequent list sub19 mitted under such subsection, the one-year period 

20 preceding the submission of the list. 

21 ‘‘(c) COMPTROLLER GENERAL REPORT.— 

22 ‘‘(1) IN GENERAL.—With respect to each list 

23 submitted under subsection (a), not later than 120 

24 days after the list is submitted under that sub25 section, the Comptroller General of the United 


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1 States shall submit to the appropriate committees of 

2 Congress— 

3 ‘‘(A) an assessment of the processes fol4 lowed by the President in preparing the list; 

5 ‘‘(B) an assessment of the foreign persons 

6 included in the list; and 

7 ‘‘(C) a list of persons not included in the 

8 list that qualify for inclusion in the list, as de9 termined by the Comptroller General. 

10 ‘‘(2) CONSULTATIONS.—In preparing the report 

11 required by paragraph (1), the Comptroller General 

12 shall consult with nongovernmental organizations. 

13 ‘‘(d) CREDIBLE INFORMATION DEFINED.—In this 

14 section, the term ‘credible information’ has the meaning 

15 given that term in section 14 of the Iran Sanctions Act 

16 of 1996 (Public Law 104–172; 50 U.S.C. 1701 note).’’. 

17 (b) CLERICAL AMENDMENT.—The table of contents 

18 for the Iran Threat Reduction and Syria Human Rights 

19 Act of 2012 is amended by inserting after the item relat20 ing to section 224 the following: 

‘‘Subtitle C—Measures Relating to Ballistic Missile Program of Iran 

‘‘Sec. 231. Definitions. 

‘‘Sec. 232. Imposition of sanctions with respect to persons that support the ballistic missile program of Iran. 

‘‘Sec. 233. Blocking of property of persons affiliated with certain Iranian entities. 

‘‘Sec. 234. Imposition of sanctions with respect to certain persons involved in 

ballistic missile activities. 

‘‘Sec. 235. Imposition of sanctions with respect to certain sectors of Iran that 

support the ballistic missile program of Iran. 


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‘‘Sec. 236. Identification of foreign persons that support the ballistic missile 

program of Iran in certain sectors of Iran.’’. 

1 SEC. 7. EXPANSION OF MANDATORY SANCTIONS WITH RE2 SPECT TO FINANCIAL INSTITUTIONS THAT 

3 ENGAGE IN CERTAIN TRANSACTIONS RELAT4 ING TO BALLISTIC MISSILE CAPABILITIES OF 

5 IRAN. 

6 Section 104 of the Comprehensive Iran Sanctions, 

7 Accountability, and Divestment Act of 2010 (22 U.S.C. 

8 8513) is amended— 

9 (1) in subsection (c)(2)— 

10 (A) in subparagraph (A)— 

11 (i) in clause (i), by striking ‘‘; or’’ and 

12 inserting a semicolon; 

13 (ii) by redesignating clause (ii) as 

14 clause (iii); and 

15 (iii) by inserting after clause (i) the 

16 following: 

17 ‘‘(ii) to acquire or develop ballistic 

18 missiles and capabilities and launch tech19 nology relating to ballistic missiles; or’’; 

20 and 

21 (B) in subparagraph (E)(ii)— 

22 (i) in subclause (I), by striking ‘‘; or’’ 

23 and inserting a semicolon; 


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1 (ii) by redesignating subclause (II) as 

2 subclause (III); and 

3 (iii) by inserting after subclause (I) 

4 the following: 

5 ‘‘(II) Iran’s development of bal6 listic missiles and capabilities and 

7 launch technology relating to ballistic 

8 missiles; or’’; and 

9 (2) in subsection (f)— 

10 (A) by redesignating paragraphs (1) and 

11 (2) as subparagraphs (A) and (B), respectively, 

12 and moving those subparagraphs, as so redesig13 nated, two ems to the right; 

14 (B) by striking ‘‘WAIVER.—The’’ and in15 serting ‘‘WAIVER.— 

16 ‘‘(1) IN GENERAL.—Except as provided in para17 graph (2), the’’; and 

18 (C) by adding at the end the following: 

19 ‘‘(2) EXCEPTION.—The Secretary of the Treas20 ury may not waive under paragraph (1) the applica21 tion of a prohibition or condition imposed with re22 spect to an activity described in subparagraph 

23 (A)(ii) or (E)(ii)(II) of subsection (c)(2).’’. 


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1 SEC. 8. DISCLOSURE TO THE SECURITIES AND EXCHANGE 

2 COMMISSION OF ACTIVITIES WITH CERTAIN 

3 SECTORS OF IRAN THAT SUPPORT THE BAL4 LISTIC MISSILE PROGRAM OF IRAN. 

5 (a) IN GENERAL.—Section 13(r)(1) of the Securities 

6 Exchange Act of 1934 (15 U.S.C. 78m(r)(1)) is amend7 ed— 

8 (1) in subparagraph (C), by striking ‘‘; or’’ and 

9 inserting a semicolon; 

10 (2) by redesignating subparagraph (D) as sub11 paragraph (E); and 

12 (3) by inserting after subparagraph (C) the fol13 lowing: 

14 ‘‘(D) knowingly engaged in any activity for 

15 which sanctions may be imposed under section 

16 235 of the Iran Threat Reduction and Syria 

17 Human Rights Act of 2012;’’. 

18 (b) INVESTIGATIONS.—Section 13(r)(5)(A) of the Se19 curities Exchange Act of 1934 is amended by striking ‘‘an 

20 Executive order specified in clause (i) or (ii) of paragraph 

21 (1)(D)’’ and inserting ‘‘section 235 of the Iran Threat Re22 duction and Syria Human Rights Act of 2012, an Execu23 tive order specified in clause (i) or (ii) of paragraph 

24 (1)(E)’’. 

25 (c) CONFORMING AMENDMENT.—Section 13(r)(5) of 

26 the Securities Exchange Act of 1934 is amended, in the 


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1 matter preceding subparagraph (A), by striking ‘‘subpara2 graph (D)(iii)’’ and inserting ‘‘subparagraph (E)(iii)’’. 

3 (d) EFFECTIVE DATE.—The amendments made by 

4 this section shall take effect with respect to reports re5 quired to be filed with the Securities and Exchange Com6 mission after the date that is 180 days after the date of 

7 the enactment of this Act. 

8 SEC. 9. REGULATIONS. 

9 Not later than 90 days after the date of the enact10 ment of this Act, the President shall prescribe regulations 

11 to carry out this Act and the amendments made by this 

12 Act. 

Æ 


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