II 

112TH CONGRESS 

1ST SESSION S. 1472 

To impose sanctions on persons making certain investments that directly 

and significantly contribute to the enhancement of the ability of Syria 

to develop its petroleum resources, and for other purposes. 

IN THE SENATE OF THE UNITED STATES 

AUGUST 2, 2011 

Mrs. GILLIBRAND (for herself, Mr. KIRK, and Mr. LIEBERMAN) introduced 

the following bill; which was read twice and referred to the Committee 

on Banking, Housing, and Urban Affairs 

A BILL 

To impose sanctions on persons making certain investments 

that directly and significantly contribute to the enhancement of the ability of Syria to develop its petroleum 

resources, 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 ‘‘Syria Sanctions Act 

5 of 2011’’. 

6 SEC. 2. FINDINGS. 

7 Congress makes the following findings: 


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1 (1) On December 12, 2003, the President 

2 signed the Syria Accountability and Lebanese Sov3 ereignty Restoration Act of 2003 (Public Law 108– 

4 175; 22 U.S.C. 2151 note) in order to hold the Gov5 ernment of Syria accountable for its actions. 

6 (2) Current law in the United States prohibits 

7 the Government of Syria from receiving assistance 

8 from the United States because it has repeatedly 

9 provided support for acts of international terrorism, 

10 as determined by the Secretary of State for purposes 

11 of section 6(j)(1) of the Export Administration Act 

12 of 1979 (50 U.S.C. App. 2405(j)(1)) (as in effect 

13 pursuant to the International Emergency Economic 

14 Powers Act (50 U.S.C. 1701 et seq.)) and other re15 lated statutes. 

16 (3) On April 29, 2011, the President issued ad17 ditional sanctions with respect to Syria, stating that, 

18 ‘‘the Government of Syria’s human rights abuses, in19 cluding those related to the repression of the people 

20 of Syria, manifested most recently by the use of vio21 lence and torture against, and arbitrary arrests and 

22 detentions of, peaceful protestors by police, security 

23 forces, and other entities that have engaged in 

24 human rights abuses, constitute an unusual and exVerDate Mar 15 2010 03:04 Aug 04, 2011 Jkt 099200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\S1472.IS S1472

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1 traordinary threat to the national security, foreign 

2 policy, and economy of the United States’’. 

3 (4) On July 31, 2011, President Obama made 

4 the following statement: ‘‘I am appalled by the Syr5 ian government’s use of violence and brutality 

6 against its own people. The reports out of Hama are 

7 horrifying and demonstrate the true character of the 

8 Syrian regime. Once again, President Assad has 

9 shown that he is completely incapable and unwilling 

10 to respond to the legitimate grievances of the Syrian 

11 people. His use of torture, corruption and terror 

12 puts him on the wrong side of history and his peo13 ple. Through his own actions, Bashar al-Assad is en14 suring that he and his regime will be left in the past, 

15 and that the courageous Syrian people who have 

16 demonstrated in the streets will determine its future. 

17 Syria will be a better place when a democratic tran18 sition goes forward. In the days ahead, the United 

19 States will continue to increase our pressure on the 

20 Syrian regime, and work with others around the 

21 world to isolate the Assad government and stand 

22 with the Syrian people.’’. 

23 (5) The Government of Syria, led by President 

24 Bashar al-Assad, responded to protests by launching 

25 a violent crackdown, committing human rights 


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1 abuses, and violating its international obligations, 

2 including the International Covenant on Civil and 

3 Political Rights and the United Nations Convention 

4 against Torture and Other Cruel, Inhuman or De5 grading Treatment or Punishment, done at New 

6 York December 10, 1984. 

7 (6) On April 15, 2011, Christof Heyns, the 

8 United Nations Special Rapporteur on extrajudicial, 

9 summary, or arbitrary executions, stated that live 

10 ammunition has been used by the Government of 

11 Syria against demonstrators ‘‘in clear violation of 

12 international law’’. 

13 (7) Independent international organizations, in14 cluding Amnesty International and Human Rights 

15 Watch, have documented evidence that peaceful 

16 protestors detained by security forces of the Govern17 ment of Syria are being subjected to torture, includ18 ing with electroshock devices, cables, sticks, and 

19 whips, and are being held in overcrowded cells, de20 prived of sleep, food, and water for days at a time. 

21 (8) Human Rights Watch reported on June 1, 

22 2011, that ‘‘[s]ystematic killings and torture by Syr23 ian security forces in the city of Daraa since pro24 tests began there on March 18, 2011, strongly sug25 gest that these qualify as crimes against humanity’’. 


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1 (9) The Associated Press reported on July 19, 

2 2011, that forces of the Government of Syria shot 

3 at a funeral in Homs, killing as many as 10 people. 

4 (10) Reports suggest that between 1,400 and 

5 1,600 civilians have been killed, and Syrian human 

6 rights groups report that more than 10,000 Syrian 

7 protestors have been arrested. 

8 (11) As of June 18, 2011, a human rights asso9 ciation estimated that there were approximately 

10 8,500 Syrian refugees in Lebanon. 

11 (12) As of July 30, 2011, the United Nations 

12 High Commissioner for Refugees stated that there 

13 were approximately 7,000 Syrian refugees in Tur14 key. 

15 (13) Supporters of President Bashar al-Assad 

16 attacked the embassies of the United States and 

17 France on July 11, 2011, following demonstrations 

18 sanctioned by the Government of Syria outside the 

19 embassy of the United States from July 8 to 9, 

20 2011. 

21 (14) On May 6, 2011, envoys of the 27 nations 

22 of the European Union agreed to impose sanctions 

23 on the Government of Syria for the human rights 

24 abuses it is perpetrating, including asset freezes and 


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1 visa bans on 13 members of the Government of 

2 Syria and an arms embargo on the country. 

3 (15) On June 29, 2011, the Department of the 

4 Treasury sanctioned the chief and deputy chief of 

5 Iran’s national police and the head of the Syrian Air 

6 Force Intelligence for providing support to the Gov7 ernment of Syria in engaging in human rights 

8 abuses. 

9 (16) On April 29, 2011, the United Nations 

10 Human Rights Council passed Resolution S–16/1, 

11 which condemns the Government of Syria for its 

12 human rights abuses and establishes a mandate for 

13 an international inquiry led by the United Nations 

14 Office of the High Commissioner for Human Rights 

15 to investigate all alleged violations of international 

16 human rights law in Syria ‘‘with a view to avoiding 

17 impunity and ensuring full accountability’’. 

18 (17) The transfer of weapons by the Govern19 ment of Syria to Hezbollah in Lebanon is in viola20 tion of United Nations Security Council Resolution 

21 1701 (2006), which established an arms embargo re22 quiring all countries to prevent the supply of arms 

23 and weapons to militias and terrorists in Lebanon. 

24 (18) The Government of Syria has violated the 

25 territorial integrity and sovereignty of Lebanon in 


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1 contravention of United Nations Security Council 

2 resolutions, including Resolution 425 (1978), Reso3 lution 520 (1982), and Resolution 1701 (2006). 

4 (19) Syria, as a party to the Treaty on the 

5 Non-Proliferation of Nuclear Weapons done at 

6 Washington, London, and Moscow July 1, 1968, and 

7 entered into force March 5, 1970 (commonly known 

8 as the ‘‘Nuclear Non-Proliferation Treaty’’), is le9 gally bound to declare all its nuclear activity to the 

10 International Atomic Energy Agency and to place 

11 such activity under the monitoring of that agency. 

12 (20) The Unclassified Report to Congress on 

13 the Acquisition of Technology Relating to Weapons 

14 of Mass Destruction and Advanced Conventional 

15 Munitions for the year 2010, submitted by the Dep16 uty Director of National Intelligence for Analysis, 

17 declared that ‘‘[w]e assess the reactor [at Dair 

18 Alzour] would have been capable of producing pluto19 nium for nuclear weapons. The covert nature of the 

20 program, the characteristics of the reactor, and Syr21 ia’s extreme efforts to deny and destroy evidence of 

22 the reactor after its destruction are inconsistent with 

23 peaceful nuclear applications’’. 

24 (21) On June 9, 2011, the International Atomic 

25 Energy Agency referred Syria to the United Nations 


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1 Security Council with a resolution that expressed 

2 ‘‘serious concern’’ about ‘‘Syria’s lack of coopera3 tion’’, highlighted the history of the Government of 

4 Syria of concealing nuclear activities, and noted that 

5 ‘‘the resulting absence of confidence that Syria’s nu6 clear program is exclusively for peaceful purposes 

7 have given rise to concerns regarding the mainte8 nance of international peace and security’’. 

9 (22) The 2009 Country Reports on Terrorism 

10 of the Department of State declared that ‘‘Syria 

11 continue[s] to provide safe-haven as well as political 

12 and other support to a number of designated Pales13 tinian terrorist groups, including HAMAS, Pales14 tinian Islamic Jihad (PIJ), and the Popular Front 

15 for the Liberation of Palestine-General Command 

16 (PFLP–GC)’’. 

17 (23) That report noted that the ‘‘operational 

18 leadership’’ of those terrorist groups and others is 

19 ‘‘headquartered or sheltered in Damascus’’ and that 

20 the Government of Syria ‘‘allows terrorist groups 

21 resident in its territory to receive and ship goods, in22 cluding weapons, in and out of the country. Addi23 tionally, the Syrian government provided diplomatic, 

24 political and material support to Hizballah in Leb25 anon and allowed Iran to supply this organization 


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1 with weapons. Weapons flow from Iran through 

2 Syria, and directly from Syria, to Hizballah despite 

3 UN Security Council resolution 1701 of 2006, which 

4 imposes an arms embargo on Lebanon except with 

5 the consent of the Lebanese government . . . Syria 

6 has maintained its ties with its strategic ally, and 

7 fellow state sponsor of terrorism, Iran.’’. 

8 (24) That report also stated that the existence 

9 of foreign fighter facilitation networks in Syria for 

10 entry into Iraq, ‘‘remains troubling’’ and noted that 

11 ‘‘Syria has long provided sanctuary and political 

12 support for certain former Iraqi regime elements’’. 

13 (25) On May 15, 2011, according to the De14 partment of State, attempts to cross the Israel bor15 der near the Golan Heights were ‘‘an effort by the 

16 Syrian Government to play a destabilizing role. [I]t’s 

17 clearly an effort by them to take focus off the situa18 tion that’s happening right now in Syria, and it’s a 

19 cynical use of the Palestinian cause to encourage vi20 olence along its border as it continues to repress its 

21 own people within Syria.’’. 

22 (26) According to the International Monetary 

23 Fund, approximately 25 percent of the revenue of 

24 the Government of Syria comes from the oil sector. 


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1 (27) The Government of Syria remains highly 

2 dependent on energy revenues, even as Syria’s petro3 leum production has largely declined in recent years 

4 due to diminishing reserves and limited refining ca5 pacity. 

6 SEC. 3. DEFINITIONS. 

7 In this Act: 

8 (1) APPROPRIATE CONGRESSIONAL COMMIT9 TEES.—The term ‘‘appropriate congressional com10 mittees’’ means— 

11 (A) the Committee on Financial Services 

12 and the Committee on Foreign Affairs of the 

13 House of Representatives; and 

14 (B) the Committee on Banking, Housing, 

15 and Urban Affairs and the Committee on For16 eign Relations of the Senate. 

17 (2) COMPONENT PART.—The term ‘‘component 

18 part’’ has the meaning given that term in section 

19 11A(e)(1) of the Export Administration Act of 1979 

20 (50 U.S.C. App. 2410a(e)(1)) (as in effect pursuant 

21 to the International Emergency Economic Powers 

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

23 (3) DEVELOP AND DEVELOPMENT.—The terms 

24 ‘‘develop’’ and ‘‘development’’, with respect to petro25 leum resources, have the meanings given those terms 


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1 in section 14 of the Iran Sanctions of 1996 (Public 

2 Law 104–172; 50 U.S.C. 1701 note). 

3 (4) FINANCIAL INSTITUTION.—The term ‘‘fi4 nancial institution’’ has the meaning given that term 

5 in section 14 of the Iran Sanctions of 1996 (Public 

6 Law 104–172; 50 U.S.C. 1701 note). 

7 (5) FINISHED PRODUCT.—The term ‘‘finished 

8 product’’ has the meaning given that term in section 

9 11A(e)(2) of the Export Administration Act of 1979 

10 (50 U.S.C. App. 2410a(e)(2)) (as in effect pursuant 

11 to the International Emergency Economic Powers 

12 Act (50 U.S.C. 1701 et seq.)). 

13 (6) FOREIGN PERSON.—The term ‘‘foreign per14 son’’ means an individual or entity that is not a 

15 United States person. 

16 (7) GOOD AND TECHNOLOGY.—The terms 

17 ‘‘good’’ and ‘‘technology’’ have the meanings given 

18 those terms in section 16 of the Export Administra19 tion Act of 1979 (50 U.S.C. App. 2415) (as in effect 

20 pursuant to the International Emergency Economic 

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

22 (8) INVESTMENT.— 

23 (A) IN GENERAL.—The term ‘‘investment’’ 

24 means any of the following activities: 


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1 (i) The entry into an agreement de2 scribed in subparagraph (B) that includes 

3 responsibility for the development of the 

4 petroleum resources of Syria. 

5 (ii) The entry into an agreement pro6 viding for the general supervision and 

7 guarantee of the performance of an agree8 ment described in clause (i) by another 

9 person. 

10 (iii) The purchase, pursuant to an 

11 agreement described in subparagraph (B), 

12 of a share of ownership, including an eq13 uity interest, in the development of petro14 leum resources described in clause (i). 

15 (iv) The entry into an agreement de16 scribed in subparagraph (B) providing for 

17 the participation in royalties, earnings, or 

18 profits in the development of petroleum re19 sources described in clause (i), without re20 gard to the form of the participation. 

21 (v) The entry into, performance, or fi22 nancing of an agreement described in sub23 paragraph (B) to sell or purchase goods, 

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1 opment of petroleum resources described in 

2 clause (i). 

3 (B) AGREEMENT DESCRIBED.—An agree4 ment described in this subparagraph is an 

5 agreement with the Government of Syria or a 

6 person located in Syria that is entered into or 

7 modified on or after the date of the enactment 

8 of this Act. 

9 (9) KNOWINGLY.—The term ‘‘knowingly’’ has 

10 the meaning given that term in section 14 of the 

11 Iran Sanctions Act of 1996 (Public Law 104–172; 

12 50 U.S.C. 1701 note). 

13 (10) PERSON.—The term ‘‘person’’ has the 

14 meaning given that term in section 14 of the Iran 

15 Sanctions Act of 1996 (Public Law 104–172; 50 

16 U.S.C. 1701 note). 

17 (11) PETROLEUM RESOURCES.—The term ‘‘pe18 troleum resources’’ has the meaning given that term 

19 in section 14 of the Iran Sanctions Act of 1996 

20 (Public Law 104–172; 50 U.S.C. 1701 note). 

21 (12) REFINED PETROLEUM PRODUCTS.—The 

22 term ‘‘refined petroleum products’’ means gasoline, 

23 jet fuel (including naphtha-type and kerosene-type 

24 jet fuel), and aviation gasoline. 


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1 (13) SYRIA.—The term ‘‘Syria’’ includes any 

2 agency or instrumentality of Syria and any entity 

3 owned or controlled by the Government of Syria. 

4 (14) UNITED STATES FINANCIAL INSTITU5 TION.—The term ‘‘United States financial institu6 tion’’ means a financial institution that is a United 

7 States person. 

8 (15) UNITED STATES PERSON.—The term 

9 ‘‘United States person’’ means— 

10 (A) a United States citizen or an alien law11 fully admitted for permanent residence to the 

12 United States; and 

13 (B) an entity organized under the laws of 

14 the United States or of any jurisdiction within 

15 the United States, including a foreign branch of 

16 such an entity. 

17 SEC. 4. IMPOSITION OF SANCTIONS. 

18 (a) SANCTIONS WITH RESPECT TO THE PETROLEUM

19 RESOURCES AND SOVEREIGN DEBT OF SYRIA.— 

20 (1) DEVELOPMENT OF PETROLEUM RESOURCES

21 OF SYRIA.— 

22 (A) IN GENERAL.—Except as provided in 

23 subsection (c), the President shall impose 3 or 

24 more of the sanctions described in section 5(a) 

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1 mines that the person knowingly, on or after 

2 the date of the enactment of this Act— 

3 (i) makes an investment described in 

4 subparagraph (B) of $20,000,000 or more; 

5 (ii) makes a combination of invest6 ments described in subparagraph (B) in a 

7 12-month period if each such investment is 

8 of at least $5,000,000 and such invest9 ments equal or exceed $20,000,000 in the 

10 aggregate; or 

11 (iii) sells, leases, or provides to Syria 

12 goods, services, technology, information, or 

13 support described in subparagraph (C)— 

14 (I) any of which has a fair mar15 ket value of $1,000,000 or more; or 

16 (II) that, during a 12-month pe17 riod, have an aggregate fair market 

18 value of $5,000,000 or more. 

19 (B) INVESTMENT DESCRIBED.—An invest20 ment described in this subparagraph is an in21 vestment that directly and significantly contrib22 utes to the enhancement of Syria’s ability to de23 velop petroleum resources. 

24 (C) GOODS, SERVICES, TECHNOLOGY, IN25 FORMATION, OR SUPPORT DESCRIBED.—Goods, 


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1 services, technology, information, or support de2 scribed in this subparagraph are goods, serv3 ices, technology, information, or support that 

4 could directly and significantly contribute to the 

5 enhancement of Syria’s ability to develop petro6 leum resources. 

7 (2) PRODUCTION OF REFINED PETROLEUM

8 PRODUCTS.— 

9 (A) IN GENERAL.—Except as provided in 

10 subsection (c), the President shall impose 3 or 

11 more of the sanctions described in section 5(a) 

12 with respect to a person if the President deter13 mines that the person knowingly, on or after 

14 the date of the enactment of this Act, sells, 

15 leases, or provides to Syria goods, services, 

16 technology, information, or support described in 

17 subparagraph (B)— 

18 (i) any of which has a fair market 

19 value of $1,000,000 or more; or 

20 (ii) that, during a 12-month period, 

21 have an aggregate fair market value of 

22 $5,000,000 or more. 

23 (B) GOODS, SERVICES, TECHNOLOGY, IN24 FORMATION, OR SUPPORT DESCRIBED.—Goods, 

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1 scribed in this subparagraph are goods, serv2 ices, technology, information, or support that 

3 could directly and significantly facilitate the 

4 maintenance or expansion of Syria’s domestic 

5 production of refined petroleum products, in6 cluding any direct and significant assistance 

7 with respect to the construction, modernization, 

8 or repair of— 

9 (i) petroleum refineries or associated 

10 infrastructure; or 

11 (ii) port facilities, railroads, or roads, 

12 if the primary use of those facilities, rail13 roads, or roads is to support the transpor14 tation of refined petroleum products. 

15 (3) EXPORTATION OF REFINED PETROLEUM

16 PRODUCTS TO SYRIA.— 

17 (A) IN GENERAL.—Except as provided in 

18 subsection (c), the President may impose 3 or 

19 more of the sanctions described in section 5(a) 

20 with respect to a person if the President deter21 mines that the person knowingly, on or after 

22 the date of the enactment of this Act— 

23 (i) sells or provides to Syria refined 

24 petroleum products— 


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1 (I) that have a fair market value 

2 of $1,000,000 or more; or 

3 (II) that, during a 12-month pe4 riod, have an aggregate fair market 

5 value of $5,000,000 or more; or 

6 (ii) sells, leases, or provides to Syria 

7 goods, services, technology, information, or 

8 support described in subparagraph (B)— 

9 (I) any of which has a fair mar10 ket value of $1,000,000 or more; or 

11 (II) that, during a 12-month pe12 riod, have an aggregate fair market 

13 value of $5,000,000 or more. 

14 (B) GOODS, SERVICES, TECHNOLOGY, IN15 FORMATION, OR SUPPORT DESCRIBED.—Goods, 

16 services, technology, information, or support de17 scribed in this subparagraph are goods, serv18 ices, technology, information, or support that 

19 could directly and significantly contribute to the 

20 enhancement of Syria’s ability to import refined 

21 petroleum products, including— 

22 (i) except as provided in subparagraph 

23 (C), underwriting or entering into a con24 tract to provide insurance or reinsurance 

25 for the sale, lease, or provision of such 


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1 goods, services, technology, information, or 

2 support; 

3 (ii) financing or brokering such sale, 

4 lease, or provision; or 

5 (iii) providing ships or shipping serv6 ices to deliver refined petroleum products 

7 to Syria. 

8 (C) EXCEPTION FOR UNDERWRITERS AND

9 INSURANCE PROVIDERS EXERCISING DUE DILI10 GENCE.—The President may not impose sanc11 tions under this paragraph with respect to a 

12 person that provides underwriting services or 

13 insurance or reinsurance if the President deter14 mines that the person has exercised due dili15 gence in establishing and enforcing official poli16 cies, procedures, and controls to ensure that the 

17 person does not underwrite or enter into a con18 tract to provide insurance or reinsurance for 

19 the sale, lease, or provision of goods, services, 

20 technology, information, or support described in 

21 subparagraph (B). 

22 (4) EXPORTATION OF PETROLEUM RESOURCES

23 DEVELOPED BY SYRIA.— 

24 (A) IN GENERAL.—Except as provided in 

25 subsection (c), the President shall impose 3 or 


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1 more of the sanctions described in section 5(a) 

2 with respect to a person if the President deter3 mines that the person knowingly, on or after 

4 the date of the enactment of this Act, pur5 chases, including by entering into a long-term 

6 contract for the purchase of, petroleum re7 sources developed by Syria or provides services 

8 described in subparagraph (B) with respect to 

9 the exportation of petroleum resources to be re10 fined or otherwise processed outside of Syria 

11 if— 

12 (i) the Government of Syria was in13 volved in the development or sale of the pe14 troleum resources in Syria; and 

15 (ii)(I) the fair market value of the pe16 troleum resources is $1,000,000 or more; 

17 or 

18 (II) during a 12-month period, the ag19 gregate fair market value of the petroleum 

20 resources is $5,000,000 or more. 

21 (B) SERVICES DESCRIBED.—The services 

22 described in this subparagraph are— 

23 (i) refining or otherwise processing 

24 petroleum resources; 


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1 (ii) the provision of ships or shipping 

2 services; or 

3 (iii) except as provided in subpara4 graph (C), financing, brokering, under5 writing, or entering into a contract to pro6 vide insurance or reinsurance. 

7 (C) EXCEPTION FOR UNDERWRITERS AND

8 INSURANCE PROVIDERS EXERCISING DUE DILI9 GENCE.—The President may not impose sanc10 tions under this paragraph with respect to a 

11 person that provides underwriting services or 

12 insurance or reinsurance if the President deter13 mines that the person has exercised due dili14 gence in establishing and enforcing official poli15 cies, procedures, and controls to ensure that the 

16 person does not underwrite or enter into a con17 tract to provide insurance or reinsurance with 

18 respect to the exportation of petroleum re19 sources in violation of subparagraph (A). 

20 (5) PURCHASE OF SOVEREIGN DEBT.—Except 

21 as provided in subsection (c), the President shall im22 pose 3 or more of the sanctions described in section 

23 5(a) with respect to a person if the President deter24 mines that the person knowingly, on or after the 

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1 scribes to, or facilitates the issuance of sovereign 

2 debt of the Government of Syria for the purpose of 

3 directly and significantly— 

4 (A) contributing to the enhancement of 

5 Syria’s ability to develop petroleum resources; 

6 (B) facilitating the maintenance or expan7 sion of Syria’s domestic production of refined 

8 petroleum products; 

9 (C) contributing to the enhancement of 

10 Syria’s ability to import refined petroleum prod11 ucts; or 

12 (D) contributing to the enhancement of 

13 Syria’s ability to export petroleum resources. 

14 (b) PERSONS AGAINST WHICH THE SANCTIONS ARE

15 TO BE IMPOSED.— 

16 (1) IN GENERAL.—The sanctions described in 

17 subsection (a) shall be imposed on— 

18 (A) any person the President determines 

19 has carried out the activities described in sub20 section (a); and 

21 (B) any person that— 

22 (i) is a successor entity to the person 

23 referred to in paragraph (1); 

24 (ii) owns or controls the person re25 ferred to in paragraph (1), if the person 


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1 that owns or controls the person referred 

2 to in paragraph (1) had actual knowledge 

3 or should have known that the person re4 ferred to in paragraph (1) engaged in the 

5 activities referred to in that paragraph; or 

6 (iii) is owned or controlled by, or 

7 under common ownership or control with, 

8 the person referred to in paragraph (1), if 

9 the person owned or controlled by, or 

10 under common ownership or control with 

11 (as the case may be), the person referred 

12 to in paragraph (1) knowingly engaged in 

13 the activities referred to in that paragraph. 

14 (2) SANCTIONED PERSON DEFINED.—In this 

15 Act, the term ‘‘sanctioned person’’ means any person 

16 described in paragraph (1). 

17 (c) EXCEPTIONS.—The President shall not be re18 quired to apply or maintain the sanctions under subsection 

19 (a)— 

20 (1) in the case of procurement of defense arti21 cles or defense services— 

22 (A) under existing contracts or sub23 contracts, including the exercise of options for 

24 production quantities to satisfy requirements 


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1 essential to the national security interests of the 

2 United States; 

3 (B) if the President determines in writing 

4 that the person to which the sanctions would 

5 otherwise be applied is a sole source supplier of 

6 the defense articles or services, that the defense 

7 articles or services are essential, and that alter8 native sources are not readily or reasonably 

9 available; or 

10 (C) if the President determines in writing 

11 that such articles or services are essential to the 

12 national security interests of the United States 

13 under defense coproduction agreements; 

14 (2) in the case of procurement, to eligible prod15 ucts, as defined in section 308(4) of the Trade 

16 Agreements Act of 1979 (19 U.S.C. 2518(4)), of 

17 any foreign country or instrumentality designated 

18 under section 301(b) of that Act (19 U.S.C. 

19 2511(b)); 

20 (3) to products, technology, or services provided 

21 under contracts entered into before the date on 

22 which the President publishes in the Federal Reg23 ister the name of the person on which the sanctions 

24 are to be imposed; 

25 (4) to— 


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1 (A) spare parts that are essential to 

2 United States products or production; 

3 (B) component parts, but not finished 

4 products, essential to United States products or 

5 production; or 

6 (C) routine servicing and maintenance of 

7 products, to the extent that alternative sources 

8 are not readily or reasonably available; 

9 (5) to information and technology essential to 

10 United States products or production; or 

11 (6) to medicines, medical supplies, or other hu12 manitarian items. 

13 SEC. 5. DESCRIPTION OF SANCTIONS. 

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

15 a sanctioned person under section 4 are as follows: 

16 (1) EXPORT-IMPORT BANK ASSISTANCE FOR

17 EXPORTS TO SANCTIONED PERSONS.—The President 

18 may direct the Export-Import Bank of the United 

19 States not to approve any financing (including any 

20 guarantee, insurance, extension of credit, or partici21 pation in the extension of credit) in connection with 

22 the export of any goods or services to any sanctioned 

23 person. 

24 (2) EXPORT SANCTION.—The President may 

25 order the United States Government not to issue 


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1 any specific license and not to grant any other spe2 cific permission or authority to export any goods or 

3 technology to a sanctioned person under— 

4 (A) the Export Administration Act of 1979 

5 (50 U.S.C. App. 2401 et seq.) (as in effect pur6 suant to the International Emergency Economic 

7 Powers Act (50 U.S.C. 1701 et seq.)); 

8 (B) the Arms Export Control Act (22 

9 U.S.C. 2751 et seq.); 

10 (C) the Atomic Energy Act of 1954 (42 

11 U.S.C. 2011 et seq.); or 

12 (D) any other law that requires the prior 

13 review and approval of the United States Gov14 ernment as a condition for the export or reex15 port of goods or services. 

16 (3) LOANS FROM UNITED STATES FINANCIAL

17 INSTITUTIONS.—The United States Government 

18 may prohibit any United States financial institution 

19 from making loans or providing credits to any sanc20 tioned person totaling more than $10,000,000 in 

21 any 12-month period unless that person is engaged 

22 in activities to relieve human suffering and the loans 

23 or credits are provided for such activities. 

24 (4) PROHIBITIONS ON FINANCIAL INSTITU25 TIONS.— 


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1 (A) IN GENERAL.—The following prohibi2 tions may be imposed against a sanctioned per3 son that is a financial institution: 

4 (i) PROHIBITION ON DESIGNATION AS

5 PRIMARY DEALER.—Neither the Board of 

6 Governors of the Federal Reserve System 

7 nor the Federal Reserve Bank of New 

8 York may designate, or permit the continu9 ation of any prior designation of, such fi10 nancial institution as a primary dealer in 

11 United States Government debt instru12 ments. 

13 (ii) PROHIBITION ON SERVICE AS A

14 REPOSITORY OF GOVERNMENT FUNDS.— 

15 Such financial institution may not serve as 

16 agent of the United States Government or 

17 serve as repository for United States Gov18 ernment funds. 

19 (B) CLARIFICATION.—The imposition of 

20 either sanction under clause (i) or (ii) of sub21 paragraph (A) shall be treated as 1 sanction for 

22 purposes of section 4, and the imposition of 

23 both such sanctions shall be treated as 2 sanc24 tions for purposes of section 4. 


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1 (5) PROCUREMENT SANCTION.—The United 

2 States Government may not procure, or enter into 

3 any contract for the procurement of, any goods or 

4 services from a sanctioned person. 

5 (6) FOREIGN EXCHANGE.—The President may, 

6 pursuant to such regulations as the President may 

7 prescribe, prohibit any transactions in foreign ex8 change that are subject to the jurisdiction of the 

9 United States and in which a sanctioned person has 

10 any interest. 

11 (7) BANKING TRANSACTIONS.—The President 

12 may, pursuant to such regulations as the President 

13 may prescribe, prohibit any transfers of credit or 

14 payments between financial institutions or by, 

15 through, or to any financial institution, to the extent 

16 that such transfers or payments are subject to the 

17 jurisdiction of the United States and involve any in18 terest of the sanctioned person. 

19 (8) PROPERTY TRANSACTIONS.—The President 

20 may, pursuant to such regulations as the President 

21 may prescribe, prohibit any person from— 

22 (A) acquiring, holding, withholding, using, 

23 transferring, withdrawing, transporting, import24 ing, or exporting any property that is subject to 

25 the jurisdiction of the United States and with 


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1 respect to which the sanctioned person has any 

2 interest; 

3 (B) dealing in or exercising any right, 

4 power, or privilege with respect to such prop5 erty; or 

6 (C) conducting any transaction involving 

7 such property. 

8 (9) ADDITIONAL SANCTIONS.—The President 

9 may impose sanctions, as appropriate, to restrict im10 ports with respect to a sanctioned person, in accord11 ance with the International Emergency Economic 

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

13 (b) ADDITIONAL MEASURE RELATING TO GOVERN14 MENT CONTRACTS.— 

15 (1) MODIFICATION OF FEDERAL ACQUISITION

16 REGULATION.—Not later than 90 days after the 

17 date of the enactment of this Act, the Federal Ac18 quisition Regulation issued pursuant to section 

19 1303(a)(1) of title 41, United States Code, shall be 

20 revised to require a certification from each person 

21 that is a prospective contractor that the person, and 

22 any person owned or controlled by the person, does 

23 not engage in any activity for which sanctions may 

24 be imposed under section 4. 

25 (2) REMEDIES.— 


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1 (A) TERMINATION, DEBARMENT, OR SUS2 PENSION.— 

3 (i) IN GENERAL.—If the head of an 

4 executive agency determines that a person 

5 has submitted a false certification under 

6 paragraph (1) on or after the date on 

7 which the revision of the Federal Acquisi8 tion Regulation required by this subsection 

9 becomes effective, the head of that execu10 tive agency shall— 

11 (I) terminate a contract with 

12 such person; or 

13 (II) debar or suspend such per14 son from eligibility for Federal con15 tracts for a period of not more than 

16 3 years. 

17 (ii) PROCEDURE.—Any debarment or 

18 suspension shall be subject to the proce19 dures that apply to debarment and suspen20 sion under the Federal Acquisition Regula21 tion issued pursuant to section 1303(a)(1) 

22 of title 41, United States Code. 

23 (B) INCLUSION ON LIST OF PARTIES EX24 CLUDED FROM FEDERAL PROCUREMENT AND

25 NONPROCUREMENT PROGRAMS.—The AdminisVerDate Mar 15 2010 03:04 Aug 04, 2011 Jkt 099200 PO 00000 Frm 00030 Fmt 6652 Sfmt 6201 E:\BILLS\S1472.IS S1472

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1 trator of General Services shall include on the 

2 List of Parties Excluded from Federal Procure3 ment and Nonprocurement Programs main4 tained by the Administrator under part 9 of the 

5 Federal Acquisition Regulation issued pursuant 

6 to section 1303(a)(1) of title 41, United States 

7 Code, each person that is debarred, suspended, 

8 or proposed for debarment or suspension by the 

9 head of an executive agency on the basis of a 

10 determination of a false certification under sub11 paragraph (A). 

12 (3) CLARIFICATION REGARDING CERTAIN PROD13 UCTS.—The remedies set forth in paragraph (2) 

14 shall not apply with respect to the procurement of 

15 eligible products, as defined in section 308(4) of the 

16 Trade Agreements Act of 1979 (19 U.S.C. 2518(4)), 

17 of any foreign country or instrumentality designated 

18 under section 301(b) of that Act (19 U.S.C. 

19 2511(b)). 

20 (4) RULE OF CONSTRUCTION.—This subsection 

21 shall not be construed to limit the use of other rem22 edies available to the head of an executive agency or 

23 any other official of the Federal Government on the 

24 basis of a determination of a false certification 

25 under paragraph (1). 


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1 (5) WAIVERS.—The President may on a case2 by-case basis waive the requirement that a person 

3 make a certification under paragraph (1) if the 

4 President determines and certifies in writing to the 

5 appropriate congressional committees, the Com6 mittee on Armed Services of the Senate, and the 

7 Committee on Armed Services of the House of Rep8 resentatives, that it is in the national interest of the 

9 United States to do so. 

10 (6) EXECUTIVE AGENCY DEFINED.—In this 

11 subsection, the term ‘‘executive agency’’ has the 

12 meaning given that term in section 133 of title 41, 

13 United States Code. 

14 (7) APPLICABILITY.—The revisions to the Fed15 eral Acquisition Regulation required under para16 graph (1) shall apply with respect to contracts for 

17 which solicitations are issued on or after the date 

18 that is 90 days after the date of the enactment of 

19 this Act. 

20 SEC. 6. ADVISORY OPINIONS. 

21 (a) ISSUANCE OF ADVISORY OPINIONS.—The Sec22 retary of State may, upon the request of any person, issue 

23 an advisory opinion to that person with respect to whether 

24 a proposed activity by that person would subject that per25 son to sanctions under this Act. 


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1 (b) RELIANCE ON ADVISORY OPINIONS.—Any person 

2 who relies in good faith on an advisory opinion issued 

3 under subsection (a) that states that a proposed activity 

4 would not subject a person to sanctions under this Act, 

5 and any person who thereafter engages in that activity, 

6 shall not be subject to such sanctions on account of that 

7 activity. 

8 SEC. 7. DURATION OF SANCTIONS. 

9 (a) DELAY OF SANCTIONS.— 

10 (1) CONSULTATIONS.—If the President makes a 

11 determination described in section 4 with respect to 

12 a foreign person, Congress urges the President to 

13 initiate consultations immediately with the govern14 ment with primary jurisdiction over that foreign per15 son with respect to the imposition of sanctions under 

16 this Act. 

17 (2) DELAY FOR CONSULTATION.—In order to 

18 pursue consultations under paragraph (1) with the 

19 government that has primary jurisdiction over the 

20 foreign person that is the subject of the President’s 

21 determination under that paragraph, the President 

22 may delay the imposition of sanctions under this Act 

23 with respect to that foreign person for not more 

24 than 90 days. 


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1 (3) IMPOSITION OF SANCTIONS.—After com2 pleting consultations with a government under para3 graph (1) with respect to a person, or on the date 

4 that is 90 days after the initiation of such consulta5 tions (whichever is earlier), the President shall im6 mediately impose sanctions unless the President de7 termines and certifies to the appropriate congres8 sional committees that the government has taken 

9 specific and effective actions, including, as appro10 priate, the imposition of appropriate penalties and to 

11 terminate the involvement of the foreign person in 

12 the activities that resulted in the determination by 

13 the President to impose sanctions under section 4 

14 with respect to that person. 

15 (b) DURATION OF SANCTIONS.— 

16 (1) IN GENERAL.—Except as provided in para17 graphs (2) and (3), a sanction imposed under sec18 tion 4 shall remain in effect until the date that is 

19 2 years after the date on which the sanction is im20 posed. 

21 (2) EARLY TERMINATION.— 

22 (A) IN GENERAL.—If the President makes 

23 a certification described in subparagraph (B) 

24 with respect to a person, the President may ter25 minate a sanction imposed on that person 


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1 under this Act on or after the date that is 1 

2 year after the date on which the sanction is im3 posed. 

4 (B) CERTIFICATION DESCRIBED.—A cer5 tification described in this subparagraph is a 

6 certification by the President to Congress 

7 that— 

8 (i) a person on which a sanction is 

9 imposed under this Act is no longer engag10 ing in any activity for which sanctions may 

11 be imposed under this Act; and 

12 (ii) the President has received reliable 

13 assurances that the person will not know14 ingly engage in any such activity in the fu15 ture. 

16 SEC. 8. PRESIDENTIAL WAIVER. 

17 The President may, on a case-by-case basis, waive for 

18 one 12-month period the requirement under section 4 to 

19 impose sanctions with respect to a person, if the President 

20 certifies to the appropriate congressional committees not 

21 less than 30 days before the waiver is to take effect that 

22 the waiver is important to the national security interests 

23 of the United States. 


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1 SEC. 9. TERMINATION OF SANCTIONS. 

2 (a) IN GENERAL.—The requirement to impose sanc3 tions and any sanctions imposed under section 4 shall ter4 minate on the date on which the President submits to the 

5 appropriate congressional committees— 

6 (1) the certification described in section 5(d) of 

7 the Syria Accountability and Lebanese Sovereignty 

8 Restoration Act of 2003 (Public Law 108–175; 22 

9 U.S.C. 2151 note); and 

10 (2) a certification that the Government of Syria 

11 is democratically elected and representative of the 

12 people of Syria. 

13 (b) SUSPENSION OF SANCTIONS AFTER ELECTION

14 OF DEMOCRATIC GOVERNMENT.—The requirement to im15 pose sanctions and any sanctions imposed under section 

16 4 shall be suspended for not more than 1 year, in order 

17 to allow time for a certification under subsection (a)(1) 

18 to be submitted, if the President submits a certification 

19 under subsection (a)(2). 

20 SEC. 10. DETERMINATIONS NOT REVIEWABLE. 

21 A determination to impose sanctions under this Act 

22 shall not be reviewable in any court. 


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1 SEC. 11. EXCLUSION OF CERTAIN ACTIVITIES. 

2 Nothing in this Act shall apply to any activities sub3 ject to the reporting requirements of title V of the Na4 tional Security Act of 1947 (50 U.S.C. 413 et seq.). 

Æ 


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