I 

112TH CONGRESS 

1ST SESSION H. R. 2106 

To strengthen sanctions against the Government of Syria, to enhance multilateral commitment to address the Government of Syria’s threatening policies, to establish a program to support a transition to a democratically 

elected government in Syria, and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

JUNE 3, 2011 

Ms. ROS-LEHTINEN (for herself and Mr. ENGEL) introduced the following bill; 

which was referred to the Committee on Foreign Affairs, and in addition 

to the Committees on the Judiciary, Ways and Means, Financial Services, 

and Oversight and Government Reform, for a period to be subsequently 

determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned 

A BILL 

To strengthen sanctions against the Government of Syria, 

to enhance multilateral commitment to address the Government of Syria’s threatening policies, to establish a 

program to support a transition to a democratically elected government in Syria, 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; TABLE OF CONTENTS. 

4 (a) SHORT TITLE.—This Act may be cited as the 

5 ‘‘Syria Freedom Support Act’’. 


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1 (b) TABLE OF CONTENTS.—The table of contents of 

2 this Act is as follows: 

Sec. 1. Short title; table of contents. 

Sec. 2. Definitions. 

TITLE I—STRENGTHENING UNITED STATES SANCTIONS AGAINST 

SYRIA 

Sec. 101. Findings. 

Sec. 102. Declarations of policy. 

Sec. 103. Codification of existing sanctions and continuation of restrictions 

against the Government of Syria. 

Sec. 104. Mandatory sanctions with respect to development of weapons of mass 

destruction or other military capabilities. 

Sec. 105. Amendment to the Syria Accountability and Lebanese Sovereignty 

Restoration Act of 2003. 

TITLE II—SANCTIONS TARGETING SYRIA’S ENERGY SECTOR 

Sec. 201. Findings. 

Sec. 202. Sense of Congress. 

Sec. 203. Declaration of policy. 

Sec. 204. Multilateral regime. 

Sec. 205. Imposition of sanctions. 

Sec. 206. Description of sanctions. 

Sec. 207. Advisory opinions. 

Sec. 208. Termination of sanctions. 

Sec. 209. Duration of sanctions. 

Sec. 210. Reports required. 

Sec. 211. Determinations not reviewable. 

Sec. 212. Exclusion of certain activities. 

Sec. 213. Effective date. 

TITLE III—SYRIA NUCLEAR WEAPONS PREVENTION 

Sec. 301. Findings. 

Sec. 302. Actions within the International Atomic Energy Agency. 

Sec. 303. Restrictions on nuclear cooperation with countries assisting the nuclear program of Syria. 

Sec. 304. Exclusion from the United States of senior officials of foreign persons 

who have aided the nuclear program of Syria. 

TITLE IV—DIPLOMATIC EFFORTS TO ISOLATE THE 

GOVERNMENT OF SYRIA 

Sec. 401. Sense of Congress relating to bilateral efforts. 

Sec. 402. Opposition to Syria’s membership and candidacy for leadership posts 

in United Nations institutions. 

Sec. 403. Report on assistance to, and commerce with, Syria. 

TITLE V—ASSISTANCE TO SUPPORT DEMOCRACY IN SYRIA 

Sec. 501. Declarations of policy. 

Sec. 502. Assistance to support a transition to democracy in Syria. 

Sec. 503. Condemnation of Syrian human rights abuses. 


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Sec. 504. Imposition of sanctions on certain persons responsible for or complicit 

in human rights abuses committed against citizens of Syria or 

their family members. 

Sec. 505. Imposition of sanctions with respect to the transfer of goods or technologies to Syria that may be used to commit human rights 

abuses. 

Sec. 506. Comprehensive strategy to promote internet freedom and access to information in Syria. 

TITLE VI—GENERAL PROVISIONS 

Sec. 601. Denial of visas for Government of Syria. 

Sec. 602. Sunset. 

1 SEC. 2. DEFINITIONS. 

2 In this Act: 

3 (1) ACT OF INTERNATIONAL TERRORISM.—The 

4 term ‘‘act of international terrorism’’ means an 

5 act— 

6 (A) which is violent or dangerous to 

7 human life and that is a violation of the crimi8 nal laws of the United States or of any State 

9 or that would be a criminal violation if com10 mitted within the jurisdiction of the United 

11 States or any State; and 

12 (B) which appears to be intended— 

13 (i) to intimidate or coerce a civilian 

14 population; 

15 (ii) to influence the policy of a govern16 ment by intimidation or coercion; or 

17 (iii) to affect the conduct of a govern18 ment by assassination or kidnapping. 


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1 (2) APPROPRIATE CONGRESSIONAL COMMIT2 TEES.—The term ‘‘appropriate Congressional com3 mittees’’ means the Committee on Foreign Affairs 

4 and the Committee on Appropriations of the House 

5 of Representatives; and the Committee on Foreign 

6 Relations and the Committee on Appropriations of 

7 the Senate. 

8 (3) COMPONENT PART.—The term ‘‘component 

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

10 11A(e)(1) of the Export Administration Act of 1979 

11 (50 U.S.C. App. 2410a(e)(1)). 

12 (4) DEVELOP AND DEVELOPMENT.—To ‘‘de13 velop’’, or the ‘‘development’’ of, petroleum resources 

14 means the exploration for, or the extraction, refin15 ing, or transportation by pipeline of, petroleum re16 sources. 

17 (5) FINANCIAL INSTITUTION.—The term ‘‘fi18 nancial institution’’ includes— 

19 (A) a depository institution (as defined in 

20 section 3(c)(1) of the Federal Deposit Insur21 ance Act), including a branch or agency of a 

22 foreign bank (as defined in section 1(b)(7) of 

23 the International Banking Act of 1978); 

24 (B) a credit union; 


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1 (C) a securities firm, including a broker or 

2 dealer; 

3 (D) an insurance company, including an 

4 agency or underwriter; 

5 (E) any other company that provides fi6 nancial services including, but not limited to 

7 joint ventures, partnerships or investments with 

8 Syrian government-controlled entities or affili9 ated entities. 

10 (6) FINISHED PRODUCT.—The term ‘‘finished 

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

12 11A(e)(2) of the Export Administration Act of 1979 

13 (50 U.S.C. App. 2410a(e)(2)) and includes any Syr14 ian-origin petroleum or petroleum product. 

15 (7) FOREIGN PERSON.—The term ‘‘foreign per16 son’’ means— 

17 (A) an individual who is not a United 

18 States person or an alien lawfully admitted for 

19 permanent residence into the United States; or 

20 (B) a corporation, partnership, joint ven21 ture, cooperative ventures or other nongovern22 mental entity which is not a United States per23 son. 

24 (8) GOODS AND TECHNOLOGY.—The terms 

25 ‘‘goods’’ and ‘‘technology’’ have the meanings given 


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1 those terms in section 16 of the Export Administra2 tion Act of 1979 (50 U.S.C. App. 2415). 

3 (9) INVESTMENT.—The term ‘‘investment’’ 

4 means any of the following activities if such activity 

5 is undertaken pursuant to an agreement, or pursu6 ant to the exercise of rights under such an agree7 ment, that is entered into with the Government of 

8 Syria or a nongovernmental entity in Syria on or 

9 after the date of the enactment of this Act: 

10 (A) The entry into a contract that includes 

11 responsibility for the development of petroleum 

12 resources located in Syria, or the entry into a 

13 contract providing for the general supervision 

14 and guarantee of another person’s performance 

15 of such a contract. 

16 (B) The purchase of a share of ownership, 

17 including an equity interest, in that develop18 ment. 

19 (C) The entry into a contract providing for 

20 the participation in royalties, earnings, or prof21 its in that development, without regard to the 

22 form of the participation. 

23 The term ‘‘investment’’ does not include the entry 

24 into, performance, or financing of a contract to sell 

25 or purchase goods, services, or technology. For purVerDate Mar 15 2010 21:46 Jun 08, 2011 Jkt 099200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6201 E:\BILLS\H2106.IH H2106

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1 poses of this paragraph, an amendment or other 

2 modification that is made, on or after the date of en3 actment of this Act, to an agreement or contract 

4 shall be treated as the entry of an agreement or con5 tract. 

6 (10) SYRIA.—The term ‘‘Syria’’ includes any 

7 agency or instrumentality of Syria, including any 

8 Syrian-linked or Syrian-controlled entity. 

9 (11) SYRIAN DIPLOMATS AND REPRESENTA10 TIVES OF OTHER GOVERNMENT AND MILITARY OR

11 QUASI-GOVERNMENTAL INSTITUTIONS OF SYRIA.— 

12 The term ‘‘Syrian diplomats and representatives of 

13 other government and military or quasi-govern14 mental institutions of Syria’’ includes employees, 

15 representatives, affiliates, agents, instrumentalities, 

16 or persons of the Government of Syria. 

17 (12) KNOWINGLY.—The term ‘‘knowingly’’, 

18 with respect to conduct, a circumstance, or a result, 

19 means that a person has actual knowledge, or should 

20 have known, of the conduct, the circumstance, or the 

21 result. 

22 (13) NUCLEAR EXPLOSIVE DEVICE.—The term 

23 ‘‘nuclear explosive device’’ means any device, wheth24 er assembled or disassembled, that is designed to 

25 produce an instantaneous release of an amount of 


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1 nuclear energy from special nuclear material (as de2 fined in section 11(aa) of the Atomic Energy Act of 

3 1954) that is greater than the amount of energy 

4 that would be released from the detonation of one 

5 pound of trinitrotoluene (TNT). 

6 (14) PERSON.—The term ‘‘person’’ means— 

7 (A) a natural person; 

8 (B) a corporation, business association, 

9 partnership, society, trust, financial institution, 

10 insurer, underwriter, guarantor, and any other 

11 business organization, any other nongovern12 mental entity, organization, or group, and any 

13 governmental entity operating as a business en14 terprise, a sole proprietorship, organization, as15 sociation, corporation, partnership, limited li16 ability company, venture, joint venture, or other 

17 entity, its subsidiary, or affiliate; 

18 (C) a company owned or controlled, either 

19 directly or indirectly, by the government of a 

20 foreign country, that is established or organized 

21 under the laws of, or has its principal place of 

22 business in, such foreign country and includes 

23 United States subsidiaries of the same; 

24 (D) any individual or entity that directly 

25 or indirectly controls, is controlled by, or is 


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1 under common control with, the company, in2 cluding without limitation direct and indirect 

3 subsidiaries of a company; and 

4 (E) any successor to any entity described 

5 in subparagraph (B). 

6 The term ‘‘person’’ does not include a government 

7 or governmental entity that is not operating as a 

8 business enterprise. 

9 (15) PETROLEUM RESOURCES.—The term ‘‘pe10 troleum resources’’ includes petroleum and natural 

11 gas resources petroleum, refined petroleum products, 

12 oil or liquefied natural gas, natural gas resources, oil 

13 or liquefied natural gas tankers, and products used 

14 to construct or maintain pipelines used to transport 

15 oil or liquefied natural gas. 

16 (16) REFINED PETROLEUM PRODUCTS.—The 

17 term ‘‘refined petroleum products’’ means diesel, 

18 gasoline, jet fuel (including naphtha-type and ker19 osene-type jet fuel), and aviation gasoline. 

20 (17) UNITED STATES OR STATE.—The term 

21 ‘‘United States’’ or ‘‘State’’ means the several 

22 States, the District of Columbia, the Commonwealth 

23 of Puerto Rico, the Commonwealth of the Northern 

24 Mariana Islands, American Samoa, Guam, the 


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1 United States Virgin Islands, and any other terri2 tory or possession of the United States. 

3 (18) UNITED STATES PERSON.—The term 

4 ‘‘United States person’’ means— 

5 (A) a natural person who is a citizen of the 

6 United States or who owes permanent alle7 giance to the United States; and 

8 (B) a corporation or other legal entity 

9 which is organized under the laws of the United 

10 States, any State or territory thereof, or the 

11 District of Columbia, if natural persons de12 scribed in subparagraph (A) own, directly or in13 directly, more than 50 percent of the out14 standing capital stock or other beneficial inter15 est in such legal entity. 

16 (19) UNITED STATES ASSISTANCE.—The term 

17 ‘‘United States assistance’’ means— 

18 (A) any assistance under the Foreign As19 sistance Act of 1961 (22 U.S.C. 2151 et seq.), 

20 other than urgent humanitarian assistance or 

21 medicine; 

22 (B) sales and assistance under the Arms 

23 Export Control Act (22 U.S.C. 2751 et seq.); 


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1 (C) financing by the Commodity Credit 

2 Corporation for export sales of agricultural 

3 commodities; or 

4 (D) financing under the Export-Import 

5 Bank Act of 1945 (12 U.S.C. 635 et seq.). 

6 (20) ADMITTED; ALIEN.—The terms ‘‘admit7 ted’’ and ‘‘alien’’ have the meanings given those 

8 terms in section 101(a) of the Immigration and Na9 tionality Act (8 U.S.C. 1101(a)). 

10 TITLE I—STRENGTHENING 

11 UNITED STATES SANCTIONS 

12 AGAINST SYRIA 

13 SEC. 101. FINDINGS. 

14 Congress makes the following findings: 

15 (1) On April 29, 2011, the President trans16 mitted to Congress a message continuing the na17 tional emergency with respect to Syria, stating that 

18 ‘‘[the Government of Syria’s] actions and policies, 

19 including continuing support for terrorist organiza20 tions, damaging the Lebanese government’s ability 

21 to function, and pursuit of weapons of mass destruc22 tion and missile programs, continue to pose an un23 usual and extraordinary threat to the national secu24 rity, foreign policy, and economy of the United 

25 States.’’. 


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1 (2) United Nations Security Council Resolution 

2 1373 (2001) mandates that all states ‘‘refrain from 

3 providing any form of support, active or passive, to 

4 entities or persons involved in terrorist acts’’, take 

5 ‘‘the necessary steps to prevent the commission of 

6 terrorist acts’’, and ‘‘deny safe haven to those who 

7 finance, plan, support, or commit terrorist acts’’. 

8 (3) The Government of Syria is currently pro9 hibited by United States law from receiving United 

10 States assistance because it has repeatedly provided 

11 support for acts of international terrorism, as deter12 mined by the Secretary of State for purposes of sec13 tion 6(j)(1) of the Export Administration Act of 

14 1979 (50 U.S.C. App. 2405(j)(1)) and other rel15 evant provisions of law. 

16 (4) The Department of State’s ‘‘Country Re17 ports on Terrorism’’ for 2009 state that ‘‘Syria 

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

19 and other support to a number of designated Pales20 tinian terrorist groups, including HAMAS, Pales21 tinian Islamic Jihad (PIJ), and the Popular Front 

22 for the Liberation of Palestine-General Command 

23 (PFLP–GC) . . . The operational leadership of 

24 many of these groups is headquartered or sheltered 

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1 dent in its territory to receive and ship goods, in2 cluding weapons, in and out of the country. Addi3 tionally, the Syrian government provided diplomatic, 

4 political and material support to Hizballah in Leb5 anon and allowed Iran to supply this organization 

6 with weapons. Weapons flow from Iran through 

7 Syria, and directly from Syria, to Hizballah despite 

8 UN Security Council resolution 1701 of 2006, which 

9 imposes an arms embargo on Lebanon except with 

10 the consent of the Lebanese government . . . Syria 

11 has maintained its ties with its strategic ally, and 

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

13 (5) The Department of State’s ‘‘Country Re14 ports on Terrorism’’ for 2009 state that ‘‘The exist15 ence of foreign fighter facilitation networks in Syria 

16 [for entry into Iraq] . . . remains troubling . . . 

17 Syria has long provided sanctuary and political sup18 port for certain former Iraqi regime elements (FRE) 

19 . . . In 2008, the United States designated several 

20 Iraqis and Iraqi-owned entities residing in Syria 

21 under Executive Order 13438 for providing finan22 cial, material, and technical support for acts of vio23 lence that threatened the peace and stability of Iraq 

24 . . . Additionally, the United States designated one 

25 Syria-based individual in 2007 under E.O. 13224 for 


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1 providing financial and material support to AQI and 

2 six others under E.O. 13315 as FRE or family 

3 members of FRE, some of whom had provided fi4 nancial assistance to the Iraqi insurgency.’’. 

5 (6) According to the ‘‘Message and Notice from 

6 the President on the Continuation of the National 

7 Emergency with Respect to Syria’’ dated April 29, 

8 2011, the Government of Syria is ‘‘damaging the 

9 Lebanese government’s ability to function’’. 

10 (7) According to the Office of the Director of 

11 National Intelligence’s ‘‘Unclassified Report to Con12 gress on the Acquisition of Technology Relating to 

13 Weapons of Mass Destruction and Advanced Con14 ventional Munitions’’ for the year 2010, ‘‘Syria . . . 

15 was engaged for more than a decade in a covert nu16 clear program with North Korean assistance. The 

17 program involved construction of a nuclear reactor 

18 at Al Kibar without informing the IAEA and while 

19 taking measures to preserve the site’s secrecy. We 

20 assess the reactor would have been capable of pro21 ducing plutonium for nuclear weapons. The reactor 

22 was destroyed in September 2007, before it became 

23 operational, and Syria went to great lengths to try 

24 to eradicate evidence of its existence and remains 

25 generally uncooperative with the IAEA investigation. 


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1 The covert nature of the program, the characteris2 tics of the reactor, and Syria’s extreme efforts to 

3 deny and destroy evidence of the reactor after its de4 struction are inconsistent with peaceful nuclear ap5 plications.’’. 

6 (8) According to the Office of the Director of 

7 National Intelligence’s ‘‘Unclassified Report to Con8 gress on the Acquisition of Technology Relating to 

9 Weapons of Mass Destruction and Advanced Con10 ventional Munitions’’ for the year 2010, ‘‘Syria pos11 sesses one of the largest ballistic missile forces in 

12 the Middle East, including liquid-propellant Scud 

13 SRBMs and Scud-class variants such as Scud C and 

14 D. Syria also fields the SS–21 solid-propellant 

15 SRBM. Syria remains dependent on foreign sup16 pliers such as North Korea and Iran for some bal17 listic missile technology; however, Syria has growing 

18 domestic capabilities and poses the risk of missile 

19 proliferation.’’. 

20 (9) According to the Office of the Director of 

21 National Intelligence’s ‘‘Unclassified Report to Con22 gress on the Acquisition of Technology Relating to 

23 Weapons of Mass Destruction and Advanced Con24 ventional Munitions’’ for the year 2010, ‘‘Syria 

25 continue[s] to seek dual-use technology from foreign 


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1 sources . . . Syria has had a [chemical weapons] 

2 program for many years and has a stockpile of 

3 [chemical weapons] agents, which can be delivered 

4 by aerial bombs, ballistic missiles, and artillery rock5 ets . . . Syria’s biotechnical infrastructure is capa6 ble of supporting [biological weapons] agent develop7 ment.’’. 

8 (10) Under the Treaty on the NonProliferation 

9 of Nuclear Weapons (21 U.S.T. 483), which entered 

10 force on March 5, 1970, and to which Syria is a 

11 party, Syria has undertaken not to acquire or 

12 produce nuclear weapons and has accepted full scope 

13 safeguards of the International Atomic Energy 

14 Agency to detect diversions of nuclear materials 

15 from peaceful activities to the production of nuclear 

16 weapons or other nuclear explosive devices. 

17 (11) Syria is not a party to the Chemical Weap18 ons Convention or the Biological Weapons Conven19 tion, which entered into force on April 29, 1997, and 

20 on March 26, 1975, respectively. 

21 (12) According to the Department of State’s 

22 2010 Country Reports on Human Rights Practices, 

23 ‘‘[Syria is] under the authoritarian regime of Presi24 dent Bashar al-Asad . . . [In 2010, t]he government 

25 systematically repressed citizens’ ability to change 


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1 their government. The security forces committed ar2 bitrary or unlawful killings, caused politically moti3 vated disappearances, and tortured and physically 

4 abused prisoners and detainees with impunity. Secu5 rity forces arrested and detained individuals under 

6 poor conditions without due process. Lengthy pre7 trial and incommunicado detention remained a seri8 ous problem. The judiciary was not independent. 

9 There were political prisoners and detainees, and 

10 during the year the government sentenced to prison 

11 several high-profile members of the human rights 

12 and civil society communities. The government vio13 lated citizens’ privacy rights. The government im14 posed severe restrictions on civil liberties: freedoms 

15 of speech and press, including Internet and aca16 demic freedom; freedoms of assembly and of associa17 tion, including severe restrictions on nongovern18 mental organizations (NGOs); and freedoms of reli19 gion and movement. An atmosphere of corruption 

20 pervaded the government. Violence and societal dis21 crimination against women continued, as did sexual 

22 exploitation, increasingly of Iraqi refugees, including 

23 minors. The government discriminated against mi24 norities, particularly Kurds, and severely restricted 

25 workers rights.’’. 


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1 (13) Since March of 2011, the Government of 

2 Syria has expanded its repression and human rights 

3 violations, killing hundreds of Syrians and reportedly 

4 detaining or imprisoning many others. 

5 (14) In May of 2011, the European Union im6 posed sanctions on a number of Syrian officials, in7 cluding the President of Syria, and other Syrian per8 sons for their role in human rights abuses. 

9 (15) The Government of Syria remains depend10 ent on Syria’s energy sector for revenue, even as 

11 Syria’s petroleum production has largely declined in 

12 recent years due to diminishing reserves and limited 

13 refining capacity. 

14 (16) The Government of Syria’s ability to gen15 erate additional revenue for its threatening activi16 ties, via expanding Syria’s refining capacity and sig17 nificantly increasing petroleum production and ex18 ports, is heavily dependent on obtaining increased 

19 foreign investment in Syria’s energy sector. 

20 SEC. 102. DECLARATIONS OF POLICY. 

21 Congress makes the following declarations of policy: 

22 (1) The actions of the Government of the Syria, 

23 including its support for, and facilitation of, terrorist 

24 activities, including inside of Iraq, its development of 

25 long-range missiles and weapons of mass destruction 


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1 programs and capabilities, its continued interference 

2 with the internal affairs of the Lebanese Republic in 

3 violation of multiple United Nations Security Coun4 cil resolutions and of its international obligations, 

5 and its massive, systematic, and extraordinary viola6 tions of human rights of the Syrian people, are a 

7 threat to the national security of the United States 

8 and international peace. 

9 (2) The policy of the United States shall be to 

10 deny the Government of Syria the ability to carry 

11 out the following: 

12 (A) To finance, provide safe-haven, or oth13 erwise support terrorist organizations. 

14 (B) To develop chemical, biological, radio15 logical, or nuclear weapons and long-range bal16 listic missiles. 

17 (C) To continue to interfere in the affairs 

18 of the Government of Lebanon in contravention 

19 of multiple United Nations Security Council 

20 resolutions and other pertinent obligations. 

21 (D) To continue to oppress the people of 

22 Syria. 

23 (3) The President should advocate for, and 

24 should instruct the United States Permanent Rep25 resentative to the United Nations to propose and 


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1 seek within the United Nations Security Council, a 

2 mandatory international embargo against the Gov3 ernment of Syria, pursuant to Article 41 of the 

4 Charter of the United Nations. 

5 (4) Any effort by a country that is a recipient 

6 of United States assistance to facilitate, directly or 

7 indirectly, the development of Syria’s chemical, bio8 logical, radiological, or nuclear weapons capabilities, 

9 long-range ballistic missile development programs, or 

10 to help make operational any nuclear facility in 

11 Syria will have a detrimental impact on United 

12 States assistance to, or commercial and financial re13 lations with, such country. 

14 SEC. 103. CODIFICATION OF EXISTING SANCTIONS AND 

15 CONTINUATION OF RESTRICTIONS AGAINST 

16 THE GOVERNMENT OF SYRIA. 

17 (a) RESTRICTIONS RELATING TO CERTAIN PROVI18 SIONS OF LAW.—Restrictions against the Government of 

19 Syria, and on persons by reason of their direction of, or 

20 contribution to, activities of the Government of Syria, that 

21 were imposed pursuant to the Code of Federal Regula22 tions, sections 4 and 5 of Executive Order 12938, sections 

23 1, 2, and 3 of Executive Order 13338, section 1 of Execu24 tive Order 13399, sections 1 and 2 of Executive Order 

25 13460, Executive Order 13572, Executive Order 13573, 


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1 section 311 of the USA PATRIOT Act (Public Law 107– 

2 56, 115 Stat. 272), the Export Administration Act of 

3 1979 (Public Law 96–72, 50 U.S.C. App. 2401 et seq.), 

4 the Syria Accountability and Lebanese Sovereignty Res5 toration Act of 2003 (Public Law 108–175, 22 U.S.C. 

6 2151 note), the Iran, North Korea, and Syria Non7 proliferation Act (Public Law 106–178, 50 U.S.C. 1701 

8 note), or any similar provision of law, as in effect on the 

9 date of the enactment of this Act, shall remain in effect 

10 and may not be lifted pursuant to such provisions of law 

11 until the President certifies to the appropriate congres12 sional committees that the Government of Syria— 

13 (1) has ceased all support for terrorism, includ14 ing by meeting the requirements of paragraphs (2), 

15 (3), and (4) of subsection (b), and has not provided 

16 such support during the preceding 5-year period and 

17 has not been determined by the Secretary of State, 

18 for the purposes of section 6(j) of the Export Ad19 ministration Act of 1979, section 620A of the For20 eign Assistance Act of 1961, section 40 of the Arms 

21 Export Control Act, or any other provision of law, 

22 to be a government that has repeatedly provided 

23 support for acts of international terrorism at any 

24 time during such 5-year period; 


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1 (2)(A) has permanently dismantled Syria’s 

2 chemical, biological, radiological, and nuclear weap3 ons programs; 

4 (B) has ceased all efforts to design, develop, 

5 manufacture, or acquire— 

6 (i) a nuclear explosive device or related 

7 materials and technology; 

8 (ii) chemical, biological, and radiological 

9 weapons; and 

10 (iii) ballistic missiles and ballistic missile 

11 launch technology; and 

12 (C) has taken demonstrable steps to combat the 

13 proliferation of such weapons; 

14 (3) does not pose a threat to United States na15 tional security, United States interests, and United 

16 States allies in the region; 

17 (4) respects the boundaries, sovereignty, and 

18 right to exist of all neighboring countries; 

19 (5) upholds and defends the human rights and 

20 civil liberties of its people; 

21 (6) has legalized all political activity; 

22 (7) has made public commitments to organizing 

23 free and fair elections for a new government— 

24 (A) to be held within a period not to ex25 ceed 180 days after the date on which the 


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1 President makes the determination and certifi2 cation to the appropriate congressional commit3 tees under this subsection; 

4 (B) with the participation of multiple inde5 pendent political parties that have full access to 

6 the media on an equal basis, including (in the 

7 case of radio, television, or other telecommuni8 cations media) in terms of allotments of time 

9 for such access and the times of day such allot10 ments are given; and 

11 (C) to be conducted under the supervision 

12 of internationally recognized observers; and 

13 (8) made public commitments to and is making 

14 demonstrable progress in— 

15 (A) establishing an independent judiciary; 

16 and 

17 (B) respecting internationally recognized 

18 human rights and basic freedoms as recognized 

19 in the Universal Declaration of Human Rights. 

20 (b) RESTRICTIONS RELATING TO STATE SPONSOR OF

21 TERRORISM DETERMINATION.—Restrictions against the 

22 Government of Syria that were imposed by reason of a 

23 determination by the Secretary of State that the Govern24 ment of Syria, for purposes of section 6(j) of the Export 

25 Administration Act of 1979 (as continued in effect pursuVerDate Mar 15 2010 21:46 Jun 08, 2011 Jkt 099200 PO 00000 Frm 00023 Fmt 6652 Sfmt 6201 E:\BILLS\H2106.IH H2106

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1 ant to the International Emergency Economic Powers 

2 Act), section 40 of the Arms Export Control Act, section 

3 620A of the Foreign Assistance Act of 1961, or other pro4 vision of law, is a government that has repeatedly provided 

5 support for acts of international terrorism, shall remain 

6 in effect, and shall not be lifted pursuant to such provi7 sions of law, unless the President certifies to the appro8 priate congressional committees that the Government of 

9 Syria— 

10 (1) is not engaged in the illegal transfer of mis11 sile or nuclear technology to the Government of 

12 North Korea or to any country the government of 

13 which the Secretary of State has determined, for 

14 purposes of any of the provisions of law specified in 

15 the matter preceding this paragraph, is a govern16 ment that has repeatedly provided support for acts 

17 of international terrorism; 

18 (2) is no longer engaged in training, harboring, 

19 supplying, financing, or supporting in any way— 

20 (A) Hamas, Hezbollah, Palestinian Islamic 

21 Jihad, the Popular Front for the Liberation of 

22 Palestine, the Popular Front for the Liberation 

23 of Palestine-General Command, the Democratic 

24 Front for the Liberation of Palestine, Fatah al25 Intifada, or Fatah al-Islam; 


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1 (B) any other organization designated by 

2 the Secretary of State as a foreign terrorist or3 ganization in accordance with section 219(a) of 

4 the Immigration and Nationality Act (8 U.S.C. 

5 1189(a)); 

6 (C) any person included on the Annex to 

7 Executive Order 13224 (September 23, 2001) 

8 and any other person identified under section 1 

9 of that Executive Order whose property and in10 terests in property are blocked by such section 

11 (commonly known as a ‘‘specially designated 

12 global terrorist’’); 

13 (D) any person designated under section 3 

14 of Executive Order 13338 (May 13, 2004) or 

15 under section 1 of Executive Order 13438 (July 

16 17, 2007); 

17 (E) the Syrian Social Nationalist Party; 

18 (F) any other person or organization con19 tributing to instability in Lebanon or Iraq; and 

20 (G) any agency, instrumentality, affiliate, 

21 or successor organization of the organizations 

22 listed in subparagraph (A), (B), (C), (D), (E), 

23 or (F); 

24 (3) has immediately and unconditionally 

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1 dividuals, military equipment, and all lethal items, 

2 except as authorized by the representative, inter3 nationally recognized Government of Iraq; and 

4 (4) has ceased its support for ‘‘volunteers’’ and 

5 terrorists who are traveling from and through Syria 

6 into Iraq to launch attacks. 

7 SEC. 104. MANDATORY SANCTIONS WITH RESPECT TO DE8 VELOPMENT OF WEAPONS OF MASS DE9 STRUCTION OR OTHER MILITARY CAPABILI10 TIES. 

11 (a) IN GENERAL.—Notwithstanding any other provi12 sion of law, the President shall impose the sanctions de13 scribed in subsection (b) if the President determines that 

14 a person has, on or after the date of the enactment of 

15 this Act exported, transferred, or otherwise provided to 

16 Syria any goods, services, technology, or other items know17 ing that the provision of such goods, services, technology, 

18 or other items would contribute materially to the ability 

19 of Syria to— 

20 (1) acquire or develop chemical, biological, or 

21 nuclear weapons or related technologies; or 

22 (2) acquire or develop destabilizing numbers 

23 and types of advanced conventional weapons. 

24 (b) SANCTIONS.—The sanctions to be imposed on a 

25 person described in subsection (a) are the following: 


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1 (1) EXPORT-IMPORT BANK ASSISTANCE FOR

2 EXPORTS TO SANCTIONED PERSONS.—The President 

3 may direct the Export-Import Bank of the United 

4 States not to give approval to the issuance of any 

5 guarantee, insurance, extension of credit, or partici6 pation in the extension of credit in connection with 

7 the export of any goods or services to any sanctioned 

8 person. 

9 (2) EXPORT SANCTION.— 

10 (A) IN GENERAL.—The President may 

11 order the United States Government not to 

12 issue any specific license and not to grant any 

13 other specific permission or authority to export 

14 any goods or technology to a sanctioned person 

15 under— 

16 (i) the Export Administration Act of 

17 1979; 

18 (ii) the Arms Export Control Act; 

19 (iii) the Atomic Energy Act of 1954; 

20 or 

21 (iv) any other statute that requires 

22 the prior review and approval of the 

23 United States Government as a condition 

24 for the export or re-export of goods or 

25 services. 


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1 (B) EXCEPTIONS.—The prohibition in sub2 paragraph (A) does not apply to exports to 

3 Syria of— 

4 (i) agricultural commodities, food, 

5 medicine, or medical devices; 

6 (ii) articles exported to Syria to pro7 vide humanitarian assistance to the people 

8 of Syria; 

9 (iii) information or informational ma10 terials; or 

11 (iv) goods, services, or technologies 

12 necessary to ensure the safe operation of 

13 commercial passenger aircraft produced in 

14 the United States if the exportation of 

15 such goods, services, or technologies is ap16 proved by the Secretary of the Treasury, in 

17 consultation with the Secretary of Com18 merce, pursuant to regulations for licens19 ing the exportation of such goods, services, 

20 or technologies, if appropriate. 

21 (3) LOANS FROM UNITED STATES FINANCIAL

22 INSTITUTIONS.—The United States Government 

23 may prohibit any United States financial institution 

24 from making loans or providing credits to any sanc25 tioned person totaling more than $2,000,000 in any 


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1 12-month period unless such person is engaged in 

2 activities to relieve human suffering and the loans or 

3 credits are provided for such activities. 

4 (4) PROHIBITIONS ON FINANCIAL INSTITU5 TIONS.—The following prohibitions may be imposed 

6 against a sanctioned person that is a financial insti7 tution: 

8 (A) PROHIBITION ON DESIGNATION AS

9 PRIMARY DEALER.—Neither the Board of Gov10 ernors of the Federal Reserve System nor the 

11 Federal Reserve Bank of New York may des12 ignate, or permit the continuation of any prior 

13 designation of, such financial institution as a 

14 primary dealer in United States Government 

15 debt instruments. 

16 (B) PROHIBITION ON SERVICE AS A RE17 POSITORY OF GOVERNMENT FUNDS.—Such fi18 nancial institution may not serve as agent of 

19 the United States Government or serve as re20 pository for United States Government funds. 

21 (5) PROCUREMENT SANCTION.—The United 

22 States Government may not procure, or enter into 

23 any contract for the procurement of, any goods or 

24 services from a sanctioned person. 


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1 (6) FOREIGN EXCHANGE.—The President shall 

2 prohibit any transactions in foreign exchange that 

3 are subject to the jurisdiction of the United States 

4 and in which the sanctioned person has any interest. 

5 (7) BANKING TRANSACTIONS.—The President 

6 shall prohibit any transfers of credit or payments be7 tween financial institutions or by, through, or to any 

8 financial institution, to the extent that such trans9 fers or payments are subject to the jurisdiction of 

10 the United States and involve any interest of the 

11 sanctioned person. 

12 (8) PROPERTY TRANSACTIONS.—The President 

13 shall prohibit any person from— 

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

15 transferring, withdrawing, transporting, import16 ing, or exporting any property that is subject to 

17 the jurisdiction of the United States and with 

18 respect to which the sanctioned person has any 

19 interest; 

20 (B) dealing in or exercising any right, 

21 power, or privilege with respect to such prop22 erty; or 

23 (C) conducting any transaction involving 

24 such property. 


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1 (9) ADDITIONAL SANCTIONS.—The President 

2 may impose sanctions, as appropriate, to restrict im3 ports with respect to a sanctioned person, in accord4 ance with the International Emergency Economic 

5 Powers Act (50 U.S.C. 1701 and following). 

6 (c) ADDITIONAL MANDATORY SANCTIONS RELATING

7 TO TRANSFER OF NUCLEAR TECHNOLOGY.— 

8 (1) IN GENERAL.—Except as provided in para9 graphs (2) and (3), in any case in which a person 

10 is subject to sanctions under subsection (a) because 

11 of an activity described in that subsection that re12 lates to the acquisition or development of nuclear 

13 weapons or related technology or of missiles or ad14 vanced conventional weapons that are designed or 

15 modified to deliver a nuclear weapon, with respect to 

16 the country the government of which has primary ju17 risdiction over the person, the following shall apply: 

18 (A) No license may be issued for the ex19 port, and no approval may be given for the 

20 transfer or retransfer, directly or indirectly, to 

21 such country of any nuclear material, facilities, 

22 components, or other goods, services, or tech23 nology that are or would be subject to an agree24 ment for cooperation between the United States 

25 and that government. 


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1 (B) The United States Government shall 

2 suspend compliance with its obligations under 

3 any memorandum of understanding with such 

4 country for the codevelopment or coproduction 

5 of any item on the United States Munitions 

6 List (established under section 38 of the Arms 

7 Export Control Act (22 U.S.C. 2778)), includ8 ing any obligation for implementation of such 

9 memorandum of understanding through the 

10 sale to such country of technical data or assist11 ance or the licensing for export to such country 

12 of any component part. 

13 (C) No item on the United States Muni14 tions List (established pursuant to section 38 of 

15 the Arms Export Control Act) may be exported 

16 to such country. 

17 (D) The United States Government shall 

18 not issue any license for any export by or to 

19 such country. 

20 (E) The President shall ban the importa21 tion of any article that is a product of such 

22 country. 

23 (F) The Secretary of the Treasury shall in24 struct the United States Executive Director at 

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1 fined in section 1701(c)(2) of the International 

2 Financial Institutions Act) to oppose and vote 

3 against the extension by such institution of any 

4 financial or technical assistance to such coun5 try. 

6 (G) The United States Government shall 

7 suspend compliance with its obligations under 

8 any technical exchange agreement involving 

9 military and dual-use technology between the 

10 United States and such country that does not 

11 directly contribute to the national security of 

12 the United States, and no military or dual-use 

13 technology may be exported from the United 

14 States to such country pursuant to such agree15 ment during such period. 

16 (2) EXCEPTION.—The sanctions described in 

17 paragraph (1) shall not apply with respect to a 

18 country the government of which has primary juris19 diction over a person that engages in an activity de20 scribed in that subparagraph if the President deter21 mines and notifies the appropriate congressional 

22 committees that the government of the country— 

23 (A) does not know or have reason to know 

24 about the activity; and 


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1 (B) has taken, or is taking, all reasonable 

2 steps necessary to prevent a recurrence of the 

3 activity and to penalize the person for the activ4 ity. 

5 (3) INDIVIDUAL APPROVAL.—Notwithstanding 

6 paragraph (1), the President may, on a case-by-case 

7 basis, approve the issuance of a license for the ex8 port, or approve the transfer or retransfer, of any 

9 nuclear material, facilities, components, or other 

10 goods, services, or technology that are or would be 

11 subject to an agreement for cooperation, to a person 

12 in a country to which paragraph (1) applies (other 

13 than a person that is subject to the sanctions under 

14 paragraph (1)) if the President— 

15 (A) determines that failure to approve the 

16 issuance of such license, or to approve such 

17 transfer or retransfer, would cause extraor18 dinary harm to the vital national security inter19 ests of the United States; and 

20 (B) not later than 15 days before issuing 

21 such license or approving such transfer or re22 transfer, submits to the Committee on Foreign 

23 Affairs of the House of Representatives and the 

24 Committee on Foreign Relations of the Senate 


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1 the justification for approving such license, 

2 transfer, or retransfer. 

3 (4) CONSTRUCTION.—The restrictions in para4 graph (1) shall apply in addition to all other applica5 ble procedures, requirements, and restrictions con6 tained in the Atomic Energy Act of 1954 and other 

7 related laws. 

8 (5) DEFINITION.—In this subsection, the term 

9 ‘‘agreement for cooperation’’ has the meaning given 

10 that term in section 11 b. of the Atomic Energy Act 

11 of 1954 (42 U.S.C. 2014 b.). 

12 (6) APPLICABILITY.—The sanctions under 

13 paragraph (1) shall apply only in a case in which a 

14 person is subject to sanctions under subsection (a) 

15 because of an activity described in that subsection in 

16 which the person engages on or after the date of the 

17 enactment of this Act. 

18 (d) PERSONS AGAINST WHICH THE SANCTIONS ARE

19 TO BE IMPOSED.—The sanctions described in subsection 

20 (a) shall be imposed on— 

21 (1) any person the President determines has 

22 carried out the activities described in subsection (a); 

23 and 

24 (2) any person that— 


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1 (A) is a successor entity to the person re2 ferred to in paragraph (1); 

3 (B) owns or controls the person referred to 

4 in paragraph (1), if the person that owns or 

5 controls the person referred to in paragraph (1) 

6 had actual knowledge or should have known 

7 that the person referred to in paragraph (1) en8 gaged in the activities referred to in that para9 graph; or 

10 (C) is owned or controlled by, or under 

11 common ownership or control with, the person 

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

13 owned or controlled by, or under common own14 ership or control with (as the case may be), the 

15 person referred to in paragraph (1) knowingly 

16 engaged in the activities referred to in that 

17 paragraph. 

18 For purposes of this Act, any person or entity de19 scribed in this subsection shall be referred to as a 

20 ‘‘sanctioned person’’. 

21 SEC. 105. AMENDMENT TO THE SYRIA ACCOUNTABILITY 

22 AND LEBANESE SOVEREIGNTY RESTORATION 

23 ACT OF 2003. 

24 Section 5 of the Syria Accountability and Lebanese 

25 Sovereignty Restoration Act is amended— 


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1 (1) in subsection (a), in paragraph (2), by 

2 striking ‘‘two’’ and inserting ‘‘four’’; and 

3 (2) by striking subsection (b) and redesignating 

4 subsections (c) and (d) as subsections (b) and (c), 

5 respectively. 

6 TITLE II—SANCTIONS TAR7 GETING SYRIA’S ENERGY SEC8 TOR 

9 SEC. 201. FINDINGS. 

10 Congress makes the following findings: 

11 (1) The efforts of the Government of Syria to 

12 acquire nuclear weapons capabilities, develop and ex13 pand existing unconventional weapons capabilities 

14 and the means to deliver them, both through bal15 listic missile and asymmetric means, and its support 

16 for foreign terrorist organizations and other extrem17 ists endanger the national security and foreign pol18 icy interests of the United States and those coun19 tries with which the United States shares common 

20 strategic and foreign policy objectives. 

21 (2) The objective of preventing the proliferation 

22 of nuclear weapons capabilities, other unconventional 

23 weapons and activities of foreign terrorist organiza24 tions and other extremists through existing multilat25 eral and bilateral initiatives requires additional efVerDate Mar 15 2010 21:46 Jun 08, 2011 Jkt 099200 PO 00000 Frm 00037 Fmt 6652 Sfmt 6201 E:\BILLS\H2106.IH H2106

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1 forts to deny Syria the financial means to sustain its 

2 nuclear, chemical, biological, and missile weapons 

3 programs. 

4 (3) The Government of Syria uses its diplo5 matic facilities and quasi-governmental institutions 

6 outside of Syria to support foreign terrorist organi7 zations and other extremists, and assist its nuclear, 

8 unconventional weapons and missile programs. 

9 SEC. 202. SENSE OF CONGRESS. 

10 It is the sense of Congress that the United States 

11 shall fully implement the sanctions against Syria con12 tained in this title. 

13 SEC. 203. DECLARATION OF POLICY. 

14 The Congress declares that it is the policy of the 

15 United States to deny Syria the ability to support acts 

16 of foreign terrorist organizations and extremists, develop 

17 unconventional weapons and ballistic missiles, and to fund 

18 the development and acquisition of nuclear capabilities 

19 and the means to deliver them by limiting the development 

20 of Syria’s ability to explore for, extract, refine, or trans21 port by pipeline petroleum resources of Syria. 

22 SEC. 204. MULTILATERAL REGIME. 

23 (a) MULTILATERAL NEGOTIATIONS.—In order to 

24 further the objectives of section 102, the Congress urges 

25 the President to commence immediately diplomatic efforts, 


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1 both in appropriate international fora such as the United 

2 Nations, and bilaterally with allies of the United States, 

3 to establish a multilateral sanctions regime against Syria, 

4 including provisions limiting the development of petroleum 

5 resources, that will inhibit Syria’s efforts to carry out ac6 tivities described in section 203. 

7 (b) REPORTS TO CONGRESS.—The President shall re8 port to the appropriate congressional committees, not later 

9 than 1 year after the date of the enactment of this Act, 

10 and annually thereafter, on the extent that diplomatic ef11 forts described in subsection (a) have been successful. 

12 Each report shall include— 

13 (1) the countries that have agreed to undertake 

14 measures to further the objectives of section 102 

15 with respect to Syria, and a description of those 

16 measures; and 

17 (2) the countries that have not agreed to meas18 ures described in paragraph (1), and, with respect to 

19 those countries, other measures the President rec20 ommends that the United States take to further the 

21 objectives of section 203 with respect to Syria. 

22 (c) INTERIM REPORT ON MULTILATERAL SANC23 TIONS; MONITORING.—The President, not later than 90 

24 days after the date of the enactment of this Act, shall re25 port to the appropriate congressional committees on— 


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1 (1) which countries have legislative or adminis2 trative standards providing for the imposition of 

3 trade sanctions on persons or their affiliates doing 

4 business or having investments in Syria; 

5 (2) the extent and duration of each instance of 

6 the application of such sanctions; and 

7 (3) the disposition of any decision with respect 

8 to such sanctions by the World Trade Organization 

9 or its predecessor organization. 

10 (d) INVESTIGATIONS.— 

11 (1) IN GENERAL.—The President shall initiate 

12 an investigation into the possible imposition of sanc13 tions under section 205 against a person upon re14 ceipt by the United States of credible information 

15 indicating that such person is engaged in an activity 

16 described in such section. 

17 (2) CREDIBLE INFORMATION.—The term ‘‘cred18 ible information’’ means, with respect to a person, 

19 such person’s public announcement of an activity de20 scribed in section 205, Syrian governmental an21 nouncements of such an activity, reports to stock22 holders, annual reports, industry reports, Govern23 ment Accountability Office products, and trade pub24 lications. 


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1 (3) DETERMINATION AND NOTIFICATION.—Not 

2 later than 180 days after an investigation is initi3 ated in accordance with paragraph (1), the Presi4 dent shall (unless paragraph (3) applies) determine, 

5 pursuant to section 205, if a person has engaged in 

6 an activity described in such section and shall notify 

7 the appropriate congressional committees of the 

8 basis for any such determination. 

9 (4) BRIEFING.—Not later than 30 days after 

10 the date of the enactment of this Act, and quarterly 

11 thereafter, the Secretary of State shall— 

12 (A) brief the appropriate congressional 

13 committees regarding investigations initiated 

14 under this section; and 

15 (B) furnish to the appropriate congres16 sional committees, pursuant to section 15(b) of 

17 the State Department Basic Authorities Act of 

18 1956 (22 U.S.C. 2680(b)), all requested infor19 mation relating to investigations or reviews ini20 tiated under this Act. 

21 SEC. 205. IMPOSITION OF SANCTIONS. 

22 (a) SANCTIONS WITH RESPECT TO THE DEVELOP23 MENT OF PETROLEUM RESOURCES OF SYRIA, PRODUC24 TION OF REFINED PETROLEUM PRODUCTS IN SYRIA, AND


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1 EXPORTATION OF REFINED PETROLEUM PRODUCTS TO

2 SYRIA.— 

3 (1) DEVELOPMENT OF PETROLEUM RESOURCES

4 OF SYRIA.— 

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

6 subsection (g) or (h), the President shall impose 

7 the sanctions described in section 206(a) with 

8 respect to a person if the President determines 

9 that the person knowingly, on or after the date 

10 of the enactment of this Act— 

11 (i) makes an investment described in 

12 subparagraph (B) of $5,000,000 or more; 

13 or 

14 (ii) makes a combination of invest15 ments described in subparagraph (B) in a 

16 12-month period if each such investment is 

17 of at least $2,000,000 and such invest18 ments equal or exceed $5,000,000 in the 

19 aggregate. 

20 (B) INVESTMENT DESCRIBED.—An invest21 ment described in this subparagraph is an in22 vestment that directly and significantly contrib23 utes to the enhancement of Syria’s ability to de24 velop petroleum resources. 


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1 (2) PRODUCTION OF REFINED PETROLEUM

2 PRODUCTS.— 

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

4 subsection (g) or (h), the President shall impose 

5 the sanctions described in section 206(a) with 

6 respect to a person if the President determines 

7 that the person knowingly, on or after the date 

8 of the enactment of this Act sells, leases, or 

9 provides to Syria goods, services, technology, in10 formation, or support described in subpara11 graph (B)— 

12 (i) any of which has a fair market 

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

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

15 have an aggregate fair market value of 

16 $2,000,000 or more. 

17 (B) GOODS, SERVICES, TECHNOLOGY, IN18 FORMATION, OR SUPPORT DESCRIBED.—Goods, 

19 services, technology, information, or support de20 scribed in this subparagraph are goods, serv21 ices, technology, information, or support that 

22 could directly and significantly facilitate the 

23 maintenance or expansion of Syria’s domestic 

24 production of refined petroleum products, in25 cluding any direct and significant assistance 


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1 with respect to the construction, modernization, 

2 or repair of petroleum refineries. 

3 (3) EXPORTATION OF REFINED PETROLEUM

4 PRODUCTS TO SYRIA.— 

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

6 subsection (g) or (h), the President shall impose 

7 3 or more of the sanctions described in section 

8 206(a) with respect to a person if the President 

9 determines that the person knowingly, on or 

10 after the date of the enactment of this Act— 

11 (i) sells or provides to Syria refined 

12 petroleum products— 

13 (I) that have a fair market value 

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

15 (II) that, during a 12-month pe16 riod, have an aggregate fair market 

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

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

19 goods, services, technology, information, or 

20 support described in subparagraph (B)— 

21 (I) any of which has a fair mar22 ket value of $1,000,000 or more; or 

23 (II) that, during a 12-month pe24 riod, have an aggregate fair market 

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


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1 (B) GOODS, SERVICES, TECHNOLOGY, IN2 FORMATION, OR SUPPORT DESCRIBED.—Goods, 

3 services, technology, information, or support de4 scribed in this subparagraph are goods, serv5 ices, technology, information, or support that 

6 could directly and significantly contribute to the 

7 enhancement of Syria’s ability to import refined 

8 petroleum products, including— 

9 (i) except as provided in subparagraph 

10 (C), underwriting or entering into a con11 tract to provide insurance or reinsurance 

12 for the sale, lease, or provision of such 

13 goods, services, service contracts, tech14 nology, information, or support; 

15 (ii) financing or brokering such sale, 

16 lease, or provision; 

17 (iii) entering into an agreement with 

18 Syria to purchase or provide future deliv19 ery of Syrian petroleum resources; 

20 (iv) purchasing, subscribing to, or fa21 cilitating the issuance of Syrian sovereign 

22 debt; or 

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1 ment) to deliver refined petroleum prod2 ucts to Syria. 

3 (C) EXCEPTION FOR UNDERWRITERS AND

4 INSURANCE PROVIDERS EXERCISING DUE DILI5 GENCE.—The President may not impose sanc6 tions under this paragraph with respect to a 

7 person that provides underwriting services or 

8 insurance or reinsurance if the President deter9 mines that the person has exercised due dili10 gence in establishing and enforcing official poli11 cies, procedures, and controls to ensure that the 

12 person does not underwrite or enter into a con13 tract to provide insurance or reinsurance for 

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

15 technology, information, or support described in 

16 subparagraph (B). 

17 (b) PERSONS AGAINST WHICH THE SANCTIONS ARE

18 TO BE IMPOSED.—The sanctions described in subsection 

19 shall be imposed on— 

20 (1) any person the President determines has 

21 carried out the activities described in subsection (a); 

22 and 

23 (2) any person that— 

24 (A) is a successor entity to the person re25 ferred to in paragraph (1); 


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1 (B) owns or controls the person referred to 

2 in paragraph (1), if the person that owns or 

3 controls the person referred to in paragraph (1) 

4 had actual knowledge or should have known 

5 that the person referred to in paragraph (1) en6 gaged in the activities referred to in that para7 graph; or 

8 (C) is owned or controlled by, or under 

9 common ownership or control with, the person 

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

11 owned or controlled by, or under common own12 ership or control with (as the case may be), the 

13 person referred to in paragraph (1) knowingly 

14 engaged in the activities referred to in that 

15 paragraph. 

16 For purposes of this Act, any person or entity de17 scribed in this subsection shall be referred to as a 

18 ‘‘sanctioned person’’. 

19 (c) PUBLICATION IN FEDERAL REGISTER.—The 

20 President shall cause to be published in the Federal Reg21 ister a current list of persons and entities on which sanc22 tions have been imposed under this Act. The removal of 

23 persons or entities from, and the addition of persons and 

24 entities to, the list, shall also be so published. 


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1 (d) PUBLICATION OF PROJECTS.—The President 

2 shall cause to be published in the Federal Register a list 

3 of all significant projects which have been publicly ten4 dered in the oil and gas sector in Syria. 

5 (e) EXCEPTIONS.—The President shall not be re6 quired to apply or maintain the sanctions under subsection 

7 (a)— 

8 (1) in the case of procurement of defense arti9 cles or defense services— 

10 (A) under existing contracts or sub11 contracts, including the exercise of options for 

12 production quantities to satisfy requirements 

13 essential to the national security of the United 

14 States; 

15 (B) if the President determines in writing 

16 that the person to which the sanctions would 

17 otherwise be applied is a sole source supplier of 

18 the defense articles or services, that the defense 

19 articles or services are essential, and that alter20 native sources are not readily or reasonably 

21 available; or 

22 (C) if the President determines in writing 

23 that such articles or services are essential to the 

24 national security under defense coproduction 

25 agreements; 


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1 (2) in the case of procurement, to eligible prod2 ucts, as defined in section 308(4) of the Trade 

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

4 any foreign country or instrumentality designated 

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

6 2511(b)); 

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

8 under contracts entered into before the date on 

9 which the President publishes in the Federal Reg10 ister the name of the person on which the sanctions 

11 are to be imposed; 

12 (4) to— 

13 (A) spare parts which are essential to 

14 United States products or production; 

15 (B) component parts, but not finished 

16 products, essential to United States products or 

17 production; or 

18 (C) routine servicing and maintenance of 

19 products, to the extent that alternative sources 

20 are not readily or reasonably available; 

21 (5) to information and technology essential to 

22 United States products or production; or 

23 (6) to medicines, medical supplies, or other hu24 manitarian items. 


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1 (f) WAIVER.—The President may waive the applica2 tion of the sanctions listed in subsection (a) on a case3 by-case basis if, 15 days before the waiver is issued, the 

4 President certifies to the appropriate congressional com5 mittees that failure to issue the waiver would cause ex6 traordinary harm to the vital national security interests 

7 of the United States. 

8 (g) GROUNDS FOR EXCLUSION.—The Secretary of 

9 State shall deny a visa to, and the Secretary of Homeland 

10 Security shall exclude from the United States, any alien 

11 whom the Secretary of State determines is an alien who, 

12 on or after the date of the enactment of this Act is a— 

13 (1) corporate officer, principal, or shareholder 

14 with a controlling interest of a person against whom 

15 sanctions have been imposed pursuant to this sec16 tion; 

17 (2) corporate officer, principal, or shareholder 

18 with a controlling interest of a successor entity to or 

19 a parent or subsidiary of such a person; 

20 (3) corporate officer, principal, or shareholder 

21 with a controlling interest of an affiliate of such a 

22 sanctioned person, if such affiliate engaged in a 

23 sanctionable activity described in subsection (a) or 

24 (b) of this section, and if such affiliate is controlled 

25 in fact by such a person; 


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1 (4) spouse, minor child, or agent of a person 

2 excludable under paragraph (1), (2), or (3); 

3 (5) senior official of a foreign government that 

4 is identified as a person against whom sanctions 

5 have been imposed pursuant to this section; 

6 (6) senior official of a foreign government with 

7 primary jurisdiction over such a person; or 

8 (7) spouse, minor child, or agent of a person 

9 excludable under paragraph (5) or (6). 

10 (h) EXCEPTION.—The President may waive the sanc11 tions described in subsection (a) with respect to a person 

12 specified in paragraph (5), (6), or (7) of subsection (g) 

13 if the President determines and certifies in writing to the 

14 appropriate congressional committees, on a case by case 

15 basis, that the foreign government with primary jurisdic16 tion over such a person against whom sanctions have been 

17 imposed pursuant to this section has made and continues 

18 to make clear, specific efforts to stop and deter a 

19 sanctionable activity described in subsection (a) or (b). 

20 SEC. 206. DESCRIPTION OF SANCTIONS. 

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

22 a sanctioned person under section 205 are as follows: 

23 (1) EXPORT-IMPORT BANK ASSISTANCE FOR

24 EXPORTS TO SANCTIONED PERSONS.—The President 

25 may direct the Export-Import Bank of the United 


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1 States not to give approval to the issuance of any 

2 guarantee, insurance, extension of credit, or partici3 pation in the extension of credit in connection with 

4 the export of any goods or services to any sanctioned 

5 person. 

6 (2) EXPORT SANCTION.—The President may 

7 order the United States Government not to issue 

8 any specific license and not to grant any other spe9 cific permission or authority to export any goods or 

10 technology to a sanctioned person under— 

11 (A) the Export Administration Act of 

12 1979; 

13 (B) the Arms Export Control Act; 

14 (C) the Atomic Energy Act of 1954; or 

15 (D) any other statute that requires the 

16 prior review and approval of the United States 

17 Government as a condition for the export or re18 export of goods or services. 

19 (3) EXCEPTIONS.—The prohibition in sub20 section (a) does not apply to exports to Syria of— 

21 (A) agricultural commodities, food, medi22 cine, or medical devices; 

23 (B) articles exported to Syria to provide 

24 humanitarian assistance to the people of Syria; 


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1 (C) information or informational materials; 

2 or 

3 (D) goods, services, or technologies nec4 essary to ensure the safe operation of commer5 cial passenger aircraft produced in the United 

6 States if the exportation of such goods, services, 

7 or technologies is approved by the Secretary of 

8 the Treasury, in consultation with the Secretary 

9 of Commerce, pursuant to regulations for li10 censing the exportation of such goods, services, 

11 or technologies, if appropriate. 

12 (4) LOANS FROM UNITED STATES FINANCIAL

13 INSTITUTIONS.—The United States Government 

14 may prohibit any United States financial institution 

15 from making loans or providing credits to any sanc16 tioned person totaling more than $2,000,000 in any 

17 12-month period unless such person is engaged in 

18 activities to relieve human suffering and the loans or 

19 credits are provided for such activities. 

20 (5) PROHIBITIONS ON FINANCIAL INSTITU21 TIONS.—The following prohibitions may be imposed 

22 against a sanctioned person that is a financial insti23 tution: 

24 (A) PROHIBITION ON DESIGNATION AS

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1 ernors of the Federal Reserve System nor the 

2 Federal Reserve Bank of New York may des3 ignate, or permit the continuation of any prior 

4 designation of, such financial institution as a 

5 primary dealer in United States Government 

6 debt instruments. 

7 (B) PROHIBITION ON SERVICE AS A RE8 POSITORY OF GOVERNMENT FUNDS.—Such fi9 nancial institution may not serve as agent of 

10 the United States Government or serve as re11 pository for United States Government funds. 

12 (6) PROCUREMENT SANCTION.—The United 

13 States Government may not procure, or enter into 

14 any contract for the procurement of, any goods or 

15 services from a sanctioned person. 

16 (7) FOREIGN EXCHANGE.—The President shall 

17 prohibit any transactions in foreign exchange that 

18 are subject to the jurisdiction of the United States 

19 and in which the sanctioned person has any interest. 

20 (8) BANKING TRANSACTIONS.—The President 

21 shall prohibit any transfers of credit or payments be22 tween financial institutions or by, through, or to any 

23 financial institution, to the extent that such trans24 fers or payments are subject to the jurisdiction of 


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1 the United States and involve any interest of the 

2 sanctioned person. 

3 (9) PROPERTY TRANSACTIONS.—The President 

4 shall prohibit any person from— 

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

6 transferring, withdrawing, transporting, import7 ing, or exporting any property that is subject to 

8 the jurisdiction of the United States and with 

9 respect to which the sanctioned person has any 

10 interest; 

11 (B) dealing in or exercising any right, 

12 power, or privilege with respect to such prop13 erty; or 

14 (C) conducting any transaction involving 

15 such property. 

16 (10) ADDITIONAL SANCTIONS.—The President 

17 may impose sanctions, as appropriate, to restrict im18 ports with respect to a sanctioned person, in accord19 ance with the International Emergency Economic 

20 Powers Act (50 U.S.C. 1701 and following). 

21 (b) ADDITIONAL MEASURE RELATING TO GOVERN22 MENT CONTRACTS.— 

23 (1) MODIFICATION OF FEDERAL ACQUISITION

24 REGULATION.—Not later than 90 days after the 

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1 quisition Regulation issued pursuant to section 25 of 

2 the Office of Federal Procurement Policy Act (41 

3 U.S.C. 421) shall be revised to require a certifi4 cation from each person that is a prospective con5 tractor that the person does not engage in any activ6 ity for which sanctions may be imposed under sec7 tion 205. 

8 (2) REMEDIES.— 

9 (A) IN GENERAL.—If the head of an exec10 utive agency determines that a person has sub11 mitted a false certification under paragraph (1) 

12 after the date on which the Federal Acquisition 

13 Regulation is revised to implement the require14 ments of this subsection, the head of that exec15 utive agency shall terminate a contract with 

16 such person or debar or suspend such person 

17 from eligibility for Federal contracts for a pe18 riod of not more than 3 years. Any such debar19 ment or suspension shall be subject to the pro20 cedures that apply to debarment and suspen21 sion under the Federal Acquisition Regulation 

22 under subpart 9.4 of part 9 of title 48, Code of 

23 Federal Regulations. 

24 (B) INCLUSION ON LIST OF PARTIES EX25 CLUDED FROM FEDERAL PROCUREMENT AND


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1 NONPROCUREMENT PROGRAMS.—The Adminis2 trator of General Services shall include on the 

3 List of Parties Excluded from Federal Procure4 ment and Nonprocurement Programs main5 tained by the Administrator under part 9 of the 

6 Federal Acquisition Regulation issued pursuant 

7 to section 25 of the Office of Federal Procure8 ment Policy Act (41 U.S.C. 421) each person 

9 that is debarred, suspended, or proposed for de10 barment or suspension by the head of an execu11 tive agency on the basis of a determination of 

12 a false certification under subparagraph (A). 

13 (3) CLARIFICATION REGARDING CERTAIN PROD14 UCTS.—The remedies set forth in paragraph (2) 

15 shall not apply with respect to the procurement of 

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

17 Trade Agreements Act of 1974 (19 U.S.C. 2518(4)), 

18 of any foreign country or instrumentality designated 

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

20 2511(b)). 

21 (4) RULE OF CONSTRUCTION.—This subsection 

22 shall not be construed to limit the use of other rem23 edies available to the head of an executive agency or 

24 any other official of the Federal Government on the 


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1 basis of a determination of a false certification 

2 under paragraph (1). 

3 (5) EXECUTIVE AGENCY DEFINED.—In this 

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

5 meaning given that term in section 204 of the Office 

6 of Federal Procurement Policy Act (41 U.S.C. 403). 

7 SEC. 207. ADVISORY OPINIONS. 

8 The Secretary of State may, upon the request of any 

9 person, issue an advisory opinion to that person as to 

10 whether a proposed activity by that person would subject 

11 that person to sanctions under this Act. Any person who 

12 relies in good faith on such an advisory opinion which 

13 states that the proposed activity would not subject a per14 son to such sanctions, and any person who thereafter en15 gages in such activity, will not be made subject to such 

16 sanctions on account of such activity. 

17 SEC. 208. TERMINATION OF SANCTIONS. 

18 The requirement under section 205 to impose sanc19 tions shall no longer have force or effect with respect to 

20 Syria if the President determines and certifies to the ap21 propriate congressional committees that the Government 

22 of Syria— 

23 (1) has ceased all support for terrorism, includ24 ing that the Government of Syria— 


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1 (A) is not engaged in the illegal transfer of 

2 missile or nuclear technology to the Government 

3 of North Korea or to any country the govern4 ment of which the Secretary of State has deter5 mined, for purposes of any of the provisions of 

6 law specified in the matter preceding this para7 graph, is a government that has repeatedly pro8 vided support for acts of international ter9 rorism; 

10 (B) is no longer engaged in training, har11 boring, supplying, financing, or supporting in 

12 any way— 

13 (i) Hamas, Hezbollah, Palestinian Is14 lamic Jihad, the Popular Front for the 

15 Liberation of Palestine, the Popular Front 

16 for the Liberation of Palestine-General 

17 Command, the Democratic Front for the 

18 Liberation of Palestine, Fatah al-Intifada, 

19 or Fatah al-Islam; 

20 (ii) any other organization designated 

21 by the Secretary of State as a foreign ter22 rorist organization in accordance with sec23 tion 219(a) of the Immigration and Na24 tionality Act (8 U.S.C. 1189(a)); 


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1 (iii) any person included on the Annex 

2 to Executive Order 13224 (September 23, 

3 2001) and any other person identified 

4 under section 1 of that Executive Order 

5 whose property and interests in property 

6 are blocked by such section (commonly 

7 known as a ‘‘specially designated global 

8 terrorist’’); 

9 (iv) any person designated under sec10 tion 3 of Executive Order 13338 (May 13, 

11 2004) or under section 1 of Executive 

12 Order 13438 (July 17, 2007); 

13 (v) the Syrian Social Nationalist 

14 Party; 

15 (vi) any other person or organization 

16 contributing to instability in Lebanon or 

17 Iraq; and 

18 (vii) any agency, instrumentality, af19 filiate, or successor organization of the or20 ganizations listed in subparagraph (A), 

21 (B), (C), (D), (E), or (F); 

22 (C) has immediately and unconditionally 

23 stopped facilitating transit from Syria to Iraq 

24 of individuals, military equipment, and all lethal 

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1 tive, internationally recognized Government of 

2 Iraq; and 

3 (D) has ceased its support for ‘‘volunteers’’ 

4 and terrorists who are traveling from and 

5 through Syria into Iraq to launch attacks; 

6 (2) has not provided such support during the 

7 preceding 5-year period and has not been deter8 mined by the Secretary of State, for the purposes of 

9 section 6(j) of the Export Administration Act of 

10 1979, section 620A of the Foreign Assistance Act of 

11 1961, section 40 of the Arms Export Control Act, 

12 or any other provision of law, to be a government 

13 that has repeatedly provided support for acts of 

14 international terrorism at any time during such 5- 

15 year period; 

16 (3)(A) has permanently dismantled Syria’s 

17 chemical, biological, radiological, and nuclear weap18 ons programs; 

19 (B) has ceased all efforts to design, develop, 

20 manufacture, or acquire— 

21 (i) a nuclear explosive device or related 

22 materials and technology; 

23 (ii) chemical, biological, and radiological 

24 weapons; and 


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1 (iii) ballistic missiles and ballistic missile 

2 launch technology; and 

3 (C) has taken demonstrable steps to combat the 

4 proliferation of such weapons; 

5 (4) does not pose a threat to United States na6 tional security, United States interests, and United 

7 States allies in the region; 

8 (5) respects the boundaries, sovereignty, and 

9 right to exist of all neighboring countries; 

10 (6) upholds and defends the human rights and 

11 civil liberties of its people; 

12 (7) has legalized all political activity; 

13 (8) has made public commitments to organizing 

14 free and fair elections for a new government, to be 

15 held in a timely manner, and with the participation 

16 of multiple independent political parties that have 

17 full access to the media on an equal basis, including 

18 (in the case of radio, television, or other tele19 communications media) in terms of allotments of 

20 time for such access and the times of day such allot21 ments are given, and to be conducted under the su22 pervision of internationally recognized observers; and 

23 (9) has made public commitments to and is 

24 making demonstrable progress in— 


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1 (A) establishing an independent judiciary; 

2 and 

3 (B) respecting internationally recognized 

4 human rights and basic freedoms as recognized 

5 in the Universal Declaration of Human Rights. 

6 SEC. 209. DURATION OF SANCTIONS. 

7 (a) DELAY OF SANCTIONS.— 

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

9 determination described in section 205 with respect 

10 to a foreign person, the Congress urges the Presi11 dent to initiate consultations immediately with the 

12 government with primary jurisdiction over that for13 eign person with respect to the imposition of sanc14 tions under this Act. 

15 (2) ACTIONS BY GOVERNMENT OF JURISDIC16 TION.—In order to pursue consultations under para17 graph (1) with the government concerned, the Presi18 dent may delay imposition of sanctions under this 

19 Act for up to 90 days. Following such consultations, 

20 the President shall immediately impose sanctions un21 less the President determines and certifies to Con22 gress that the government has taken specific and ef23 fective actions, including, as appropriate, the imposi24 tion of appropriate penalties, to terminate the in25 volvement of the foreign person in the activities that 


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1 resulted in the determination by the President under 

2 section 205 concerning such person. 

3 (3) ADDITIONAL DELAY IN IMPOSITION OF

4 SANCTIONS.—The President may delay the imposi5 tion of sanctions for up to an additional 90 days if 

6 the President determines and certifies to Congress 

7 that the government with primary jurisdiction over 

8 the person concerned is in the process of taking the 

9 actions described in paragraph (2). 

10 (4) REPORT TO CONGRESS.—Not later than 90 

11 days after making a determination under section 

12 205, the President shall submit to the appropriate 

13 congressional committees a report on the status of 

14 consultations with the appropriate foreign govern15 ment under this subsection, and the basis for any 

16 determination under paragraph (3). 

17 (b) DURATION OF SANCTIONS.—A sanction imposed 

18 under section 205 shall remain in effect— 

19 (1) for a period of not less than 2 years from 

20 the date on which it is imposed; or 

21 (2) until such time as the President determines 

22 and certifies to Congress that the person whose ac23 tivities were the basis for imposing the sanction is 

24 no longer engaging in such activities and that the 

25 President has received reliable assurances that such 


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1 person will not knowingly engage in such activities 

2 in the future, except that such sanction shall remain 

3 in effect for a period of at least 1 year. 

4 SEC. 210. REPORTS REQUIRED. 

5 (a) REPORT ON CERTAIN INTERNATIONAL INITIA6 TIVES.—Not later than 6 months after the date of the en7 actment of this Act, and every 6 months thereafter, the 

8 President shall transmit a report to the appropriate con9 gressional committees describing— 

10 (1) the efforts of the President to mount a mul11 tilateral campaign to persuade all countries to pres12 sure Syria to cease its nuclear, chemical, biological, 

13 and missile weapons programs and its support of 

14 acts of international terrorism; 

15 (2) the efforts of the President to persuade 

16 other governments to ask Syria to reduce the pres17 ence of Syrian diplomats and representatives of 

18 other government and military or quasi-govern19 mental institutions of Syria; 

20 (3) the extent to which the International Atom21 ic Energy Agency has established regular inspections 

22 of all nuclear facilities in Syria, including those pres23 ently under construction; and 

24 (4) Syria’s use of Syrian diplomats and rep25 resentatives of other government and military or 


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1 quasi-governmental institutions of Syria to promote 

2 acts of international terrorism or to develop or sus3 tain Syria’s nuclear, chemical, biological, and missile 

4 weapons programs. 

5 (b) REPORT ON EFFECTIVENESS OF ACTIONS

6 UNDER THIS ACT.—Not earlier than 24 months, and not 

7 later than 30 months, after the date of the enactment this 

8 Act, and annually thereafter, the President shall transmit 

9 to Congress a report that describes— 

10 (1) the extent to which actions relating to trade 

11 taken pursuant to this Act— 

12 (A) have been effective in achieving the ob13 jectives of section 203 and any other foreign 

14 policy or national security objectives of the 

15 United States with respect to Syria; and 

16 (B) have affected humanitarian interests 

17 in Syria, the country in which the sanctioned 

18 person is located, or in other countries; and 

19 (2) the impact of actions relating to trade taken 

20 pursuant to this Act on other national security, eco21 nomic, and foreign policy interests of the United 

22 States, including relations with countries friendly to 

23 the United States, and on the United States econ24 omy. 


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1 The President may include in the report the President’s 

2 recommendation on whether or not this Act should be ter3 minated or modified. 

4 (c) OTHER REPORTS.—The President shall ensure 

5 the continued transmittal to Congress of reports describ6 ing— 

7 (1) the nuclear and other military capabilities 

8 of Syria, as required by section 601(a) of the Nu9 clear NonProliferation Act of 1978 and section 1607 

10 of the National Defense Authorization Act for Fiscal 

11 Year 1993; and 

12 (2) the support provided by Syria for acts of 

13 international terrorism, as part of the Department 

14 of State’s annual report on international terrorism. 

15 (d) REPORTS ON GLOBAL TRADE RELATING TO

16 SYRIA.—Not later than 90 days after the date of the en17 actment of this Act, and annually thereafter, the President 

18 shall transmit to the appropriate congressional committees 

19 a report, with respect to the most recent 12-month period 

20 for which data are available, on the dollar value amount 

21 of trade, including in the energy sector, between Syria and 

22 each country maintaining membership in the Group of 20 

23 Finance Ministers and Central Bank Governors. 


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1 SEC. 211. DETERMINATIONS NOT REVIEWABLE. 

2 A determination to impose sanctions under this Act 

3 shall not be reviewable in any court. 

4 SEC. 212. EXCLUSION OF CERTAIN ACTIVITIES. 

5 Nothing in this Act shall apply to any activities sub6 ject to the reporting requirements of title V of the Na7 tional Security Act of 1947. 

8 SEC. 213. EFFECTIVE DATE. 

9 This title shall take effect on the date of the enact10 ment of this Act. 

11 TITLE III—SYRIA NUCLEAR 

12 WEAPONS PREVENTION 

13 SEC. 301. FINDINGS. 

14 Congress finds the following: 

15 (1) On September 6, 2007, Israeli warplanes 

16 bombed a site at al-Kibar in northeastern Syria, 

17 which the Syrians subsequently worked to conceal. 

18 On April 24, 2008, senior United States intelligence 

19 officials briefed Congress and the press about the al20 Kibar site, citing detailed information showing that 

21 the al-Kibar facility was a nuclear reactor, built with 

22 North Korean assistance. 

23 (2) Following the briefing, Syria granted Inter24 national Atomic Energy Agency (IAEA) inspectors 

25 access to the al-Kibar site (but denied them access 

26 to three other sites), where they took environmental 


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1 samples on June 23, 2008. After the visit, Syria 

2 suspended cooperation with the IAEA, which later 

3 revealed that soil samples taken from the al-Kibar 

4 site revealed ‘‘a significant number of natural ura5 nium particles’’ that were produced by human action 

6 rather than being already present in the environ7 ment. 

8 (3) The natural uranium found by the IAEA is 

9 the type of fuel that would be fed into a reactor to 

10 produce plutonium, which after extraction in a re11 processing facility, could fuel a nuclear bomb. 

12 (4) The Director-General of the IAEA reported 

13 to the IAEA Board of Governors on May 24, 2011, 

14 that ‘‘[the IAEA] assesses that it is very likely that 

15 the building destroyed at the [al-Kibar] site was a 

16 nuclear reactor’’. 

17 (5) Syria’s safeguards agreement with the 

18 IAEA requires notification to the agency in advance 

19 of construction of any nuclear facility, regardless of 

20 the presence of nuclear material, and, as a result, 

21 Syria’s construction of a reactor violated its IAEA 

22 obligations. 


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1 SEC. 302. ACTIONS WITHIN THE INTERNATIONAL ATOMIC 

2 ENERGY AGENCY. 

3 (a) STATEMENT OF POLICY.—It shall be the policy 

4 of the United States to oppose the development or acquisi5 tion by Syria of a nuclear capability. 

6 (b) UNITED STATES ACTIONS.—The President shall 

7 instruct the United States Permanent Representative to 

8 the International Atomic Energy Agency to— 

9 (1) seek the adoption of a resolution declaring 

10 Syria to be in violation of its IAEA obligations un11 less Syria immediately— 

12 (A) declares all nuclear-related facilities; 

13 (B) immediately and unconditionally sus14 pends any activity which could be used to de15 velop nuclear-weapons capability; and 

16 (C) provides IAEA inspectors with full ac17 cess to its nuclear-related facilities; 

18 (2) use all available political, economic, and dip19 lomatic tools, and shall use the voice, vote, and in20 fluence of the United States in all international or21 ganizations and associations of which it is a mem22 ber, including the IAEA and the Nuclear Suppliers 

23 Group, to— 

24 (A) block the development or acquisition 

25 by Syria of a capacity to fabricate nuclear fuel; 


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1 (B) block the allocation of funds for any 

2 IAEA development, environmental, or nuclear 

3 science assistance or activity to Syria; 

4 (C) block the allocation of funds for IAEA 

5 development, environmental, or nuclear-related 

6 assistance or activity to the Government of 

7 Syria, including any agency or instrumentality 

8 thereof; and 

9 (D) block membership of the Government 

10 of Syria on the Board of Governors of the 

11 IAEA; and 

12 (3) shall withhold from United States contribu13 tions to the IAEA an amount equal to that which 

14 the IAEA expends on assistance to Syria. 

15 SEC. 303. RESTRICTIONS ON NUCLEAR COOPERATION WITH 

16 COUNTRIES ASSISTING THE NUCLEAR PRO17 GRAM OF SYRIA. 

18 (a) IN GENERAL.—Notwithstanding any other provi19 sion of law or any international agreement, no agreement 

20 for cooperation between the United States and the govern21 ment of any country that is assisting the nuclear program 

22 of Syria or transferring advanced conventional weapons or 

23 missiles to Syria may be submitted to Congress pursuant 

24 to section 123 of the Atomic Energy Act of 1954 (42 

25 U.S.C. 2153), no such agreement may enter into force 


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1 with such country, no license may be issued for export di2 rectly or indirectly to such country of any nuclear mate3 rial, facilities, components, or other goods, services, or 

4 technology that would be subject to such agreement, and 

5 no approval may be given for the transfer or retransfer 

6 directly or indirectly to such country of any nuclear mate7 rial, facilities, components, or other goods, services, or 

8 technology that would be subject to such agreement, until 

9 the President determines and reports to the Committee 

10 on Foreign Affairs of the House of Representatives and 

11 the Committee on Foreign Relations of the Senate that 

12 the government of such country that is assisting the nu13 clear program of Syria or transferring advanced conven14 tional weapons or missiles to Syria— 

15 (1) has suspended all nuclear assistance to 

16 Syria or suspended transferring advanced conven17 tional weapons or missiles to Syria (as the case may 

18 be); and 

19 (2) is committed to maintaining such suspen20 sion. 

21 (b) RULES OF CONSTRUCTION.—The restrictions de22 scribed in subsection (a)— 

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1 quired by the Atomic Energy Act of 1954 and any 

2 other law; and 

3 (2) shall not be construed as affecting the valid4 ity of agreements for cooperation that are in effect 

5 on the date of the enactment of this Act. 

6 (c) DEFINITIONS.—In this section: 

7 (1) AGREEMENT FOR COOPERATION.—The term 

8 ‘‘agreement for cooperation’’ has the meaning given 

9 such term in section 11 b. of the Atomic Energy Act 

10 of 1954 (42 U.S.C. 2014 b.). 

11 (2) ASSISTING THE NUCLEAR PROGRAM OF

12 SYRIA.—The term ‘‘assisting the nuclear program of 

13 Syria’’ means the intentional transfer to Syria by a 

14 government, or by a person subject to the jurisdic15 tion of a government with the knowledge and acqui16 escence of such government, of goods, services, or 

17 technology listed on the Nuclear Suppliers Group 

18 Guidelines for the Export of Nuclear Material, 

19 Equipment and Technology (published by the Inter20 national Atomic Energy Agency as Information Cir21 cular INFCIRC/254/Rev. 3/Part 1, and subsequent 

22 revisions) or Guidelines for Transfers of Nuclear-Re23 lated Dual-Use Equipment, Material, and Related 

24 Technology (published by the International Atomic 


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1 Energy Agency as Information Circular INFCIR/ 

2 254/Rev. 3/Part 2, and subsequent revisions). 

3 (3) COUNTRY THAT IS ASSISTING THE NU4 CLEAR PROGRAM OF SYRIA OR TRANSFERRING AD5 VANCED CONVENTIONAL WEAPONS OR MISSILES TO

6 SYRIA.—The term ‘‘country that is assisting the nu7 clear program of Syria or transferring advanced con8 ventional weapons or missiles to Syria’’ means any 

9 country determined by the President to be assisting 

10 the nuclear program of Syria or transferring ad11 vanced conventional weapons or missiles to Syria. 

12 (d) WAIVER.—The President may waive the applica13 tion of the sanctions described in subsection (a) if the 

14 President— 

15 (1) determines that such a waiver is vital to the 

16 national security of the United States; and 

17 (2) submits to the appropriate congressional 

18 committees a report describing the reasons for such 

19 determination. 

20 SEC. 304. EXCLUSION FROM THE UNITED STATES OF SEN21 IOR OFFICIALS OF FOREIGN PERSONS WHO 

22 HAVE AIDED THE NUCLEAR PROGRAM OF 

23 SYRIA. 

24 (a) GROUNDS FOR EXCLUSION.—Except as provided 

25 in subsection (b), the Secretary of State shall deny a visa 


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1 to, and the Secretary of Homeland Security shall exclude 

2 from the United States, any alien whom the Secretary of 

3 State determines is an alien who, on or after the date of 

4 the enactment of this Act, is a— 

5 (1) person, agent, instrumentality, or official of, 

6 is affiliated with, or is serving as a representative of, 

7 the Government of Syria identified in a report sub8 mitted pursuant to section 2(a) of the Iran, North 

9 Korea, and Syria Nonproliferation Act (Public Law 

10 106–178); 

11 (2) corporate officer, principal, or shareholder 

12 with a controlling interest of a foreign person identi13 fied in such a report; 

14 (3) corporate officer, principal, or shareholder 

15 with a controlling interest of a successor entity to, 

16 or a parent or subsidiary of, a foreign person identi17 fied in such a report; 

18 (4) corporate officer, principal, or shareholder 

19 with a controlling interest of an affiliate of a foreign 

20 person identified in such a report, if such affiliate 

21 engaged in the activities referred to in such report, 

22 and if such affiliate is controlled in fact by the for23 eign person identified in such report; 

24 (5) spouse, minor child, or agent of a person 

25 excludable under paragraph (1), (2), (3), or (4); 


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1 (6) senior official of a foreign government iden2 tified in such a report; 

3 (7) senior official of a foreign government with 

4 primary jurisdiction over a foreign person identified 

5 in such a report; or 

6 (8) spouse, minor child, or agent of a person 

7 excludable under paragraph (6) or (7). 

8 (b) EXCEPTION.—The President may waive the sanc9 tions described in subsection (a) with respect to a person 

10 specified in paragraph (5), (6), or (7) of such subsection 

11 if the President determines and certifies in writing to the 

12 appropriate congressional committees, on a case by case 

13 basis, that the foreign government with primary jurisdic14 tion over such person has made and continues to make 

15 clear, specific efforts to stop and deter the transfer or re16 transfer of, or the permitting, hosting, or other facilitating 

17 of transshipments that may enable the transfer or re18 transfer of, goods or technology that contribute to the ef19 forts by Syria, as the case may be, to acquire or develop 

20 advanced conventional weapons, or to acquire, develop, 

21 produce, or stockpile radiological or nuclear weapons. 

22 (c) DEFINITIONS.—In subsection (b): 

23 (1) TRANSFER.—The term ‘‘transfer’’ means 

24 the conveyance of technological or intellectual prop25 erty, or the conversion of intellectual or technological 


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1 advances into marketable goods, services, or articles 

2 of value, developed and generated in one place, to 

3 another through illegal or illicit means to a country, 

4 the government of which the Secretary of State has 

5 determined, for purposes of section 6(j)(1)(A) of the 

6 Export Administration Act of 1979 (as in effect pur7 suant to the International Emergency Economic 

8 Powers Act), section 40(d) of the Arms Export Con9 trol Act (22 U.S.C. 2780(d)), and section 620A of 

10 the Foreign Assistance Act of 1961 (22 U.S.C. 

11 2371), is a government that has repeatedly provided 

12 support for acts of international terrorism. 

13 (2) TRANSSHIPMENT.—The term ‘‘trans14 shipment’’ means the export from one country to an15 other that passes through a third country, in which 

16 cargo is off-loaded and there is some change to con17 veyance. 

18 TITLE IV—DIPLOMATIC EF19 FORTS TO ISOLATE THE GOV20 ERNMENT OF SYRIA 

21 SEC. 401. SENSE OF CONGRESS RELATING TO BILATERAL 

22 EFFORTS. 

23 It is the sense of Congress that the Secretary of State 

24 shall ensure that United States diplomatic personnel 

25 abroad understand and, in their contacts with foreign offiVerDate Mar 15 2010 21:46 Jun 08, 2011 Jkt 099200 PO 00000 Frm 00077 Fmt 6652 Sfmt 6201 E:\BILLS\H2106.IH H2106

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1 cials, are communicating the reasons for United States 

2 policy and sanctions against the Government of Syria, and 

3 are urging foreign governments to cooperate more effec4 tively with the Government of the United States in com5 pelling the Government of Syria to cease policies and ac6 tivities that threaten global peace and security. 

7 SEC. 402. OPPOSITION TO SYRIA’S MEMBERSHIP AND CAN8 DIDACY FOR LEADERSHIP POSTS IN UNITED 

9 NATIONS INSTITUTIONS. 

10 The President shall direct the United States Perma11 nent Representative to the United Nations, United Na12 tions organizations and entities, and United Nations-affili13 ated agencies and bodies, to continue to use the voice, 

14 vote, and influence of the United States to oppose Syria’s 

15 membership and candidacy for leadership posts in such 

16 institutions, and engage in diplomatic efforts to secure 

17 multilateral support for such efforts. 

18 SEC. 403. REPORT ON ASSISTANCE TO, AND COMMERCE 

19 WITH, SYRIA. 

20 (a) REPORT.—Not later than 90 days after the date 

21 of the enactment of this Act and annually thereafter, the 

22 President shall transmit to the appropriate congressional 

23 committees a report on assistance to, and commerce with, 

24 Syria by other foreign countries during the preceding 12- 

25 month period. 


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1 (b) CONTENTS.—Each report required under sub2 section (a) shall, for the period covered by the report, con3 tain the following information, to the extent such informa4 tion is available: 

5 (1) A description of all bilateral assistance pro6 vided to Syria by other foreign countries, including 

7 humanitarian assistance. 

8 (2) A description of Syria’s commerce with 

9 other foreign countries, including an identification of 

10 Syria’s trading partners and the extent of such 

11 trade. 

12 (3) A description of the joint ventures com13 pleted, or under consideration, by foreign nationals, 

14 business firms, and persons involving facilities in 

15 Syria, including an identification of the location of 

16 the facilities involved and a description of the terms 

17 of agreement of the joint ventures and the names of 

18 the parties that are involved. 

19 (4) A determination of the amount of debt of 

20 the Government of Syria that is owed to each for21 eign country, including— 

22 (A) the amount of debt exchanged, for23 given, or reduced under the terms of each in24 vestment or operation in Syria involving foreign 

25 nationals; and 


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1 (B) the amount of debt owed to the foreign 

2 country that has been exchanged, forgiven, or 

3 reduced in return for a grant by the Govern4 ment of Syria of an equity interest in a prop5 erty, investment, or operation of the Govern6 ment of Syria or of a Syrian national. 

7 (5) A description of the steps taken to assure 

8 that raw materials and semifinished or finished 

9 goods produced by facilities in Syria involving for10 eign nationals do not enter the United States mar11 ket, either directly or through third countries or par12 ties. 

13 (6) An identification of countries and entities 

14 that provide, or have provided, arms or military sup15 plies from Syria or that otherwise have entered into 

16 agreements with Syria that could have a military ap17 plication, including— 

18 (A) a description of the military supplies, 

19 equipment, or other material sold, bartered, or 

20 exchanged between Syria and such countries; 

21 (B) a listing of the goods, services, credits, 

22 or other consideration received by Syria in ex23 change for military supplies, equipment, or ma24 terial; and 


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1 (C) the terms or conditions of any such 

2 agreement. 

3 (c) FORM.—The report submitted under subsection 

4 (a) shall be in unclassified form but may include a classi5 fied annex. 

6 TITLE V—ASSISTANCE TO 

7 SUPPORT DEMOCRACY IN SYRIA 

8 SEC. 501. DECLARATIONS OF POLICY. 

9 It shall be the policy of the United States to— 

10 (1) support independent human rights and pro11 democracy forces in Syria to promote the emergence 

12 of a democratic government in Syria that will— 

13 (A) denounce and combat extremism; 

14 (B) verifiably dismantle its chemical, bio15 logical, radiological, and nuclear weapons pro16 grams and commit to combating the prolifera17 tion of such weapons; 

18 (C) respect the boundaries, sovereignty, 

19 and right to exist of its neighbors and live in 

20 peace and security with all the countries in the 

21 region; and 

22 (D) uphold and defend the human rights 

23 and civil liberties of its citizens; 


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1 (2) seek the adoption of a resolution by the 

2 Community of Democracies to promote the emer3 gence of a democratic government in Syria; and 

4 (3) seek the establishment of a consultative 

5 group between the United States and the European 

6 Union to promote the emergence of a democratic 

7 government in Syria. 

8 SEC. 502. ASSISTANCE TO SUPPORT A TRANSITION TO DE9 MOCRACY IN SYRIA. 

10 (a) AUTHORIZATION.—The President is authorized to 

11 provide financial and political assistance (including the 

12 award of grants) to foreign and domestic individuals, orga13 nizations, and entities that support democracy and the 

14 promotion of democracy in Syria. Such assistance may in15 clude the award of grants to eligible independent pro-de16 mocracy radio and television broadcasting organizations 

17 that broadcast into Syria. 

18 (b) ELIGIBILITY FOR ASSISTANCE.—Financial and 

19 political assistance under this section may be provided 

20 only to an individual, organization, or entity that— 

21 (1) officially opposes the use of violence and 

22 terrorism and has not been designated as a foreign 

23 terrorist organization under section 219(a) of the 

24 Immigration and Nationality Act (8 U.S.C. 1189(a)) 

25 at any time during the preceding 4 years; 


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1 (2) advocates the adherence by Syria to non2 proliferation regimes for nuclear, chemical, and bio3 logical weapons and materiel; 

4 (3) is dedicated to democratic values and sup5 ports the adoption of a democratic form of Govern6 ment in Syria; 

7 (4) is dedicated to respect for human rights, in8 cluding the fundamental equality of women; 

9 (5) works to establish equality of opportunity 

10 for people; and 

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

12 speech, freedom of association, and freedom of reli13 gion. 

14 (c) FUNDING.—The President shall only provide as15 sistance to democracy promotion in Syria section using— 

16 (1) funds available to the Middle East Partner17 ship Initiative (MEPI), the Broader Middle East 

18 and North Africa Initiative, and the Human Rights 

19 and Democracy Fund; and 

20 (2) amounts made available pursuant to the au21 thorization of appropriations under subsection (f). 

22 (d) NOTIFICATION.—Not later than 15 days before 

23 each obligation of assistance under this section, and in ac24 cordance with the procedures under section 634A of the 

25 Foreign Assistance Act of 1961 (22 U.S.C. 2394–l), the 


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1 President shall notify the Committee on Foreign Affairs 

2 and the Committee on Appropriations of the House of 

3 Representatives and the Committee on Foreign Relations 

4 and the Committee on Appropriations of the Senate. Such 

5 notification shall include, as practicable, the types of pro6 grams supported by such assistance and the recipients of 

7 such assistance. 

8 (e) SENSE OF CONGRESS REGARDING DIPLOMATIC

9 ASSISTANCE.—It is the sense of Congress that— 

10 (1) contacts should be expanded with opposition 

11 groups in Syria that meet the criteria under sub12 section (b); 

13 (2) support for a transition to democracy in 

14 Syria should be expressed by United States rep15 resentatives and officials in all appropriate inter16 national fora; 

17 (3) efforts to bring a halt to the nuclear weap18 ons program of Syria, including steps to end the 

19 supply of nuclear, chemical or biological components, 

20 including short and intermediate-range missiles, and 

21 ballistic missile components or fuel to Syria, should 

22 be intensified; and 

23 (4) officials and representatives of the United 

24 States should— 


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1 (A) strongly and unequivocally support in2 digenous efforts in Syria calling for free, trans3 parent, and democratic elections; and 

4 (B) draw international attention to viola5 tions by the Government of Syria of human 

6 rights, freedom of religion, freedom of assem7 bly, and freedom of the press. 

8 (f) AUTHORIZATION OF APPROPRIATIONS.—There is 

9 authorized to be appropriated to the Department of State 

10 such sums as may be necessary to carry out this section. 

11 SEC. 503. CONDEMNATION OF SYRIAN HUMAN RIGHTS 

12 ABUSES. 

13 (a) STATEMENT OF POLICY.—It shall be the policy 

14 of the United States— 

15 (1) to condemn the consistent pattern of gross 

16 violations of internationally recognized human rights 

17 by the Government of Syria in all appropriate inter18 national fora; 

19 (2) to introduce and work toward the adoption 

20 of resolutions at appropriate United Nations fora 

21 which detail and condemn the dismal human rights 

22 record of Syria; 

23 (3) to support the people of Syria in their daily 

24 struggle for freedom, respect for human rights and 


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1 civil liberties, democratic self-governance, and the es2 tablishment of the rule of law; and 

3 (4) to reach out to dissidents, human rights ac4 tivists, and the nonviolent democratic opposition in 

5 Syria, and to assist them in their efforts. 

6 (b) ACTIONS AT APPROPRIATE UNITED NATIONS

7 FORA.—The President shall direct the United States Per8 manent Representative to the United Nations to take the 

9 necessary steps to secure support for the adoption of reso10 lutions at appropriate United Nations fora holding the 

11 Government of Syria accountable for its systematic viola12 tions of human rights of Syrian and Lebanese citizens and 

13 calling for the appointment of a United Nations Special 

14 Rapporteur to investigate such human rights violations. 

15 SEC. 504. IMPOSITION OF SANCTIONS ON CERTAIN PER16 SONS RESPONSIBLE FOR OR COMPLICIT IN 

17 HUMAN RIGHTS ABUSES COMMITTED 

18 AGAINST CITIZENS OF SYRIA OR THEIR FAM19 ILY MEMBERS. 

20 (a) IN GENERAL.—The President shall impose sanc21 tions described in subsection (c) with respect to each per22 son on the list required by subsection (b). 

23 (b) LIST OF PERSONS WHO ARE RESPONSIBLE FOR

24 OR COMPLICIT IN CERTAIN HUMAN RIGHTS ABUSES.— 

25 (1) LIST.— 


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

2 after the date of the enactment of this Act, the 

3 President shall transmit to the appropriate con4 gressional committees a list of persons who are 

5 officials of the Government of Syria, including 

6 the President, Members of the Cabinet, Mem7 bers of the Ministry of Defense, Members of the 

8 Ministry of the Interior, Members of the Gen9 eral Intelligence Directorate, Members of the 

10 Political Security Directorate, or any Member 

11 of the Syrian military or associated entities 

12 with the rank of brigadier general or above or 

13 the equivalent rank thereof, including members 

14 of paramilitary organizations, or persons acting 

15 on behalf of the Government of Syria. 

16 (B) CERTIFICATION.—The President shall 

17 impose on the persons specified in the list 

18 under subparagraph (A) the sanctions described 

19 in subsection (c). The President shall exempt 

20 any such person from such imposition if the 

21 President determines and certifies to the appro22 priate congressional committees that such per23 son, based on credible evidence, is not respon24 sible for or complicit in, or responsible for or25 dering, controlling, or otherwise directing, the 


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1 commission of serious human rights abuses 

2 against citizens of Syria or their family mem3 bers, regardless of whether such abuses oc4 curred in Syria. 

5 (2) FORM; PUBLIC AVAILABILITY.— 

6 (A) FORM.—The list required by para7 graph (1) shall be submitted in unclassified 

8 form but may contain a classified annex. 

9 (B) PUBLIC AVAILABILITY.—The unclassi10 fied portion of the list required by paragraph 

11 (1) shall be made available to the public and 

12 posted on the Web site of the Department of 

13 the Treasury and the Department of State. 

14 (3) CONSIDERATION OF DATA FROM OTHER

15 COUNTRIES AND NONGOVERNMENTAL ORGANIZA16 TIONS.—In preparing the list required by paragraph 

17 (1), the President shall consider credible data al18 ready obtained by other countries and nongovern19 mental organizations, including organizations in 

20 Syria, that monitor the human rights abuses of the 

21 Government of Syria. 

22 (c) SANCTIONS DESCRIBED.—The sanctions de23 scribed in this subsection are ineligibility for a visa to 

24 enter the United States and sanctions pursuant to the 

25 International Emergency Economic Powers Act (50 


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1 U.S.C. 1701 et seq.), including blocking of property and 

2 restrictions or prohibitions on financial transactions and 

3 the exportation and importation of property, subject to 

4 such regulations as the President may prescribe, including 

5 regulatory exceptions to permit the United States to com6 ply with the Agreement between the United Nations and 

7 the United States of America regarding the Headquarters 

8 of the United Nations, signed June 26, 1947, and entered 

9 into force November 21, 1947, and other applicable inter10 national obligations. 

11 (d) TERMINATION OF SANCTIONS.—The provisions of 

12 this section shall terminate on the date on which the Presi13 dent determines and certifies to the appropriate congres14 sional committees that the Government of Syria has— 

15 (1) unconditionally released all political pris16 oners; 

17 (2) ceased its practices of violence, unlawful de18 tention, torture, and abuse of citizens of Syria while 

19 engaging in peaceful political activity; 

20 (3) conducted a transparent investigation into 

21 the practices described in paragraph (2) and pros22 ecuted the individuals responsible for such violence, 

23 unlawful detention, torture, and abuse; and 

24 (4) made public commitments to, and is making 

25 demonstrable progress toward— 


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1 (A) establishing an independent judiciary; 

2 and 

3 (B) respecting the human rights and basic 

4 freedoms recognized in the Universal Declara5 tion of Human Rights. 

6 SEC. 505. IMPOSITION OF SANCTIONS WITH RESPECT TO 

7 THE TRANSFER OF GOODS OR TECH8 NOLOGIES TO SYRIA THAT MAY BE USED TO 

9 COMMIT HUMAN RIGHTS ABUSES. 

10 (a) INVESTIGATIONS; DETERMINATIONS.— 

11 (1) IN GENERAL.—Except as provided in para12 graph (3), upon receiving credible information that 

13 a person may have engaged in an activity described 

14 in paragraph (2), the President shall initiate an in15 vestigation and, not later than 180 days after initi16 ating the investigation, make a determination with 

17 respect to whether that person engaged in that activ18 ity. 

19 (2) ACTIVITY DESCRIBED.— 

20 (A) IN GENERAL.—A person engages in an 

21 activity described in this subparagraph if the 

22 person, on or after the date of the enactment 

23 of this Act— 


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1 (i) transfers, or facilitates the transfer 

2 of, goods or technologies described in sub3 paragraph (C) to Syria; or 

4 (ii) provides services with respect to 

5 goods or technologies described in subpara6 graph (C) after such goods or technologies 

7 are transferred to Syria. 

8 (B) APPLICABILITY TO CONTRACTS AND

9 OTHER AGREEMENTS.—A person engages in an 

10 activity described in subparagraph (A) without 

11 regard to whether or not the activity is carried 

12 out pursuant to a contract or other agreement 

13 entered into before, on, or after the date of the 

14 enactment of this Act. 

15 (C) GOODS OR TECHNOLOGIES DE16 SCRIBED.—Goods or technologies described in 

17 this subparagraph are— 

18 (i) firearms or ammunition (as those 

19 terms are defined in section 921 of title 

20 18, United States Code), accessories for 

21 firearms, rubber bullets, clubs, batons, po22 lice sticks, mace, stun grenades, tasers or 

23 other electroshock weapons, tear gas, water 

24 cannons, motorcycles, cranes, or surveil25 lance technology; 


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1 (ii) sensitive technology; and 

2 (iii) other goods or technologies that 

3 the President determines may be used by 

4 the Government of Syria to commit human 

5 rights abuses against the people of Syria. 

6 (3) SPECIAL RULE TO ALLOW FOR TERMI7 NATION OF SANCTIONABLE ACTIVITY.—The Presi8 dent shall not be required to initiate an investiga9 tion, and may terminate an investigation, under this 

10 subsection if the President certifies in writing to the 

11 appropriate congressional committees that— 

12 (A) the person whose activity was the basis 

13 for the investigation is no longer engaging in 

14 the activity or has taken significant verifiable 

15 steps toward stopping the activity; and 

16 (B) the President has received reliable as17 surances that the person will not knowingly en18 gage in an activity described in paragraph (2) 

19 in the future. 

20 (b) LIST.— 

21 (1) IN GENERAL.—The President shall transmit 

22 to the appropriate congressional committees a list of 

23 each person the President determines has engaged in 

24 an activity described in subsection (a)(2)— 


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1 (A) not later than 210 days after the date 

2 of the enactment of this Act, and every 180 

3 days thereafter; and 

4 (B) as new information becomes available. 

5 (2) FORM OF LIST.—The list required by para6 graph (1) shall be submitted in unclassified form but 

7 may contain a classified annex. 

8 (c) ASSET FREEZE.—The President shall freeze and 

9 prohibit all transactions in all property and interests in 

10 property of a person on the list required by subsection (b) 

11 if such property and interests in property are in the 

12 United States, come within the United States, or are or 

13 come within the possession or control of a United States 

14 person. 

15 SEC. 506. COMPREHENSIVE STRATEGY TO PROMOTE 

16 INTERNET FREEDOM AND ACCESS TO INFOR17 MATION IN SYRIA. 

18 Not later than 90 days after the date of the enact19 ment of this Act, and annually thereafter, the Secretary 

20 of State shall submit to the Committees on Foreign Af21 fairs and Appropriations of the House of Representatives 

22 and the Committees on Foreign Relations and Appropria23 tions of the Senate a comprehensive strategy to— 


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1 (1) help the people of Syria produce, access, 

2 and share information freely and safely via the 

3 Internet; 

4 (2) support the development of counter-censor5 ship technologies that enable the citizens of Syria to 

6 undertake Internet activities without interference 

7 from their government; 

8 (3) increase the capabilities and availability of 

9 secure mobile communications among human rights 

10 and democracy activists in Syria; 

11 (4) provide resources for digital safety training 

12 for media, unions, and academic and civil society or13 ganizations in Syria; 

14 (5) increase the amount of accurate Internet 

15 content in local languages in Syria; 

16 (6) increase emergency resources for the most 

17 vulnerable human rights advocates seeking to orga18 nize, share information, and support human rights 

19 in Syria; 

20 (7) expand surrogate radio, television, live 

21 stream, and social network communications inside 

22 Syria; 

23 (8) expand activities to safely assist and train 

24 human rights, civil society, and union activists in 

25 Syria to operate effectively and securely; 


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1 (9) defeat all attempts by the Government of 

2 Syria to jam or otherwise deny international satellite 

3 broadcasting signals; and 

4 (10) expand worldwide United States embassy 

5 and consulate programming for and outreach to Syr6 ian dissident communities. 

7 TITLE VI—GENERAL 

8 PROVISIONS 

9 SEC. 601. DENIAL OF VISAS FOR GOVERNMENT OF SYRIA. 

10 (a) IN GENERAL.—The Secretary of State may not 

11 issue a visa to a person of a country designated as sup12 porting acts of international terrorism pursuant to section 

13 6(j)(1)(A) of the Export Administration Act of 1979 (as 

14 in effect pursuant to the International Emergency Eco15 nomic Powers Act; 50 U.S.C. 1701 et seq.), section 40(d) 

16 of the Arms Export Control Act (22 U.S.C. 2780(d)), sec17 tion 620A of the Foreign Assistance Act of 1961 (22 

18 U.S.C. 2371), if the Secretary determines that such na19 tional— 

20 (1) is an agent, instrumentality, or official of, 

21 is affiliated with, or is serving as a representative of 

22 the government of Syria; 

23 (2) provides material support to the policies of 

24 the Governments of Syria; or 


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1 (3) presents a threat to the United States or 

2 who has committed, ordered, assisted, or otherwise 

3 participated in the terrorist acts, or directly or indi4 rectly affiliated with terrorist organizations. 

5 (b) WAIVER.—The Secretary of State may, on a case6 by-case basis, waive the prohibition in subsection (a) if the 

7 Secretary certifies to the appropriate congressional com8 mittees that it is vital to the national security interests 

9 of the United States to do so, and provides the appropriate 

10 congressional committees with a detailed justification for 

11 that certification. 

12 (c) RESTRICTIONS.—The Secretary of State shall re13 strict diplomats in Washington, DC, and at the United 

14 Nations in New York City, to travel only within a 25-mile 

15 radius of Washington, DC, or the United Nations head16 quarters building, respectively, of any person who is an 

17 agent, instrumentality, or official of, is affiliated with, or 

18 is serving as a representative of the Government of Syria. 

19 SEC. 602. SUNSET. 

20 (a) SUNSET.—The provisions of this Act shall termi21 nate, and shall cease to be effective, on the date that is 

22 30 days after the date on which the President certifies 

23 to Congress that the Government of Syria— 

24 (1) has ceased all support for terrorism, includ25 ing that the Government of Syria— 


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1 (A) is not engaged in the illegal transfer of 

2 missile or nuclear technology to the Government 

3 of North Korea or to any country the govern4 ment of which the Secretary of State has deter5 mined, for purposes of any of the provisions of 

6 law specified in the matter preceding this para7 graph, is a government that has repeatedly pro8 vided support for acts of international ter9 rorism; 

10 (B) is no longer engaged in training, har11 boring, supplying, financing, or supporting in 

12 any way— 

13 (i) Hamas, Hezbollah, Palestinian Is14 lamic Jihad, the Popular Front for the 

15 Liberation of Palestine, the Popular Front 

16 for the Liberation of Palestine-General 

17 Command, the Democratic Front for the 

18 Liberation of Palestine, Fatah al-Intifada, 

19 or Fatah al-Islam; 

20 (ii) any other organization designated 

21 by the Secretary of State as a foreign ter22 rorist organization in accordance with sec23 tion 219(a) of the Immigration and Na24 tionality Act (8 U.S.C. 1189(a)); 


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1 (iii) any person included on the Annex 

2 to Executive Order 13224 (September 23, 

3 2001) and any other person identified 

4 under section 1 of that Executive Order 

5 whose property and interests in property 

6 are blocked by such section (commonly 

7 known as a ‘‘specially designated global 

8 terrorist’’); 

9 (iv) any person designated under sec10 tion 3 of Executive Order 13338 (May 13, 

11 2004) or under section 1 of Executive 

12 Order 13438 (July 17, 2007); 

13 (v) the Syrian Social Nationalist 

14 Party; 

15 (vi) any other person or organization 

16 contributing to instability in Lebanon or 

17 Iraq; or 

18 (vii) any agency, instrumentality, af19 filiate, or successor organization of the or20 ganizations listed in subparagraph (A), 

21 (B), (C), (D), (E), or (F). 

22 (C) has immediately and unconditionally 

23 stopped facilitating transit from Syria to Iraq 

24 of individuals, military equipment, and all lethal 

25 items, except as authorized by the representaVerDate Mar 15 2010 21:46 Jun 08, 2011 Jkt 099200 PO 00000 Frm 00098 Fmt 6652 Sfmt 6201 E:\BILLS\H2106.IH H2106

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1 tive, internationally recognized Government of 

2 Iraq; and 

3 (D) has ceased its support for ‘‘volunteers’’ 

4 and terrorists who are traveling from and 

5 through Syria into Iraq to launch attacks; 

6 (2) has not provided such support during the 

7 preceding 5-year period and has not been deter8 mined by the Secretary of State, for the purposes of 

9 section 6(j) of the Export Administration Act of 

10 1979, section 620A of the Foreign Assistance Act of 

11 1961, section 40 of the Arms Export Control Act, 

12 or any other provision of law, to be a government 

13 that has repeatedly provided support for acts of 

14 international terrorism at any time during such 5- 

15 year period; 

16 (3)(A) has permanently dismantled Syria’s 

17 chemical, biological, radiological, and nuclear weap18 ons programs; 

19 (B) has ceased all efforts to design, develop, 

20 manufacture, or acquire— 

21 (i) a nuclear explosive device or related 

22 materials and technology; 

23 (ii) chemical, biological, and radiological 

24 weapons; and 


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1 (iii) ballistic missiles and ballistic missile 

2 launch technology; and 

3 (C) has taken demonstrable steps to combat the 

4 proliferation of such weapons; 

5 (4) does not pose a threat to United States na6 tional security, United States interests, and United 

7 States allies in the region; 

8 (5) respects the boundaries, sovereignty, and 

9 right to exist of all neighboring countries; 

10 (6) upholds and defends the human rights and 

11 civil liberties of its people; 

12 (7) has legalized all political activity; 

13 (8) has made public commitments to organizing 

14 free and fair elections for a new government, to be 

15 held in a timely manner, and with the participation 

16 of multiple independent political parties that have 

17 full access to the media on an equal basis, including 

18 (in the case of radio, television, or other tele19 communications media) in terms of allotments of 

20 time for such access and the times of day such allot21 ments are given, and to be conducted under the su22 pervision of internationally recognized observers; and 

23 (9) has made public commitments to and is 

24 making demonstrable progress in— 


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1 (A) establishing an independent judiciary; 

2 and 

3 (B) respecting internationally recognized 

4 human rights and basic freedoms as recognized 

5 in the Universal Declaration of Human Rights. 

Æ 


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