IIB 

115TH CONGRESS 

1ST SESSION H. R. 1698 

IN THE SENATE OF THE UNITED STATES 

OCTOBER 30, 2017 

Received; read twice and referred to the Committee on Foreign Relations 

AN ACT 

To expand sanctions against Iran with respect to the ballistic 

missile program of Iran, and for other purposes. 

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


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1 SECTION 1. SHORT TITLE. 

2 This Act may be cited as the ‘‘Iran Ballistic Missiles 

3 and International Sanctions Enforcement Act’’. 

4 SEC. 2. SANCTIONS RELATING TO EFFORTS BY THE GOV5 ERNMENT OF IRAN WITH RESPECT TO BAL6 LISTIC MISSILE-RELATED GOODS, SERVICES, 

7 AND TECHNOLOGIES. 

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

9 (1) United Nations Security Council Resolution 

10 2231 (2015)— 

11 (A) calls upon Iran ‘‘not to undertake any 

12 activity related to ballistic missiles designed to 

13 be capable of delivering nuclear weapons, in14 cluding launches using such ballistic missile 

15 technology’’; and 

16 (B) requires member states to ‘‘take the 

17 necessary measures to prevent, except as de18 cided otherwise by the UN Security Council in 

19 advance on a case-by-case basis, the supply, 

20 sale, or transfer of arms or related materiel 

21 from Iran’’. 

22 (2) The United States maintains bilateral sanc23 tions against Iran for its efforts to manufacture, ac24 quire, possess, develop, transport, transfer or use 

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1 nology, and its acquisition of destabilizing types and 

2 amounts of conventional weapons. 

3 (3) According to the 2016 Worldwide Threat 

4 Assessment, the United States intelligence commu5 nity judges ‘‘that Tehran would choose ballistic mis6 siles as its preferred method of delivering nuclear 

7 weapons, if it builds them. Iran’s ballistic missiles 

8 are inherently capable of delivering [weapons of 

9 mass destruction], and Tehran already has the larg10 est inventory of ballistic missiles in the Middle East. 

11 Iran’s progress on space launch vehicles—along with 

12 its desire to deter the United States and its allies— 

13 provides Tehran with the means and motivation to 

14 develop longer-range missiles, including ICBMs.’’. 

15 (4) Since the passage of United Nations Secu16 rity Council 2231, Iran has conducted numerous 

17 tests of ballistic missiles designed to be capable of 

18 delivering nuclear weapons, and has acquired desta19 bilizing types of conventional weapons. 

20 (5) Iran has pursued the ability to indigenously 

21 produce ballistic missile and cruise missile goods, 

22 services, and technologies. 

23 (b) STATEMENT OF POLICY.—It is the policy of the 

24 United States to prevent Iran from undertaking any activ25 ity related to ballistic missiles designed to be capable of 


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1 delivering nuclear weapons, including launches using such 

2 ballistic missile technology. 

3 (c) REPORT ON SUPPLY CHAIN OF IRAN’S BALLISTIC

4 MISSILE PROGRAM.— 

5 (1) IN GENERAL.—Not later than 180 days 

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

7 President shall submit to the appropriate congres8 sional committees a report that contains the fol9 lowing: 

10 (A) An analysis of the foreign supply chain 

11 and domestic supply chain in Iran that directly 

12 or indirectly significantly facilitates, supports, 

13 or otherwise aids the Government of Iran’s bal14 listic missile program. 

15 (B) A description of the geographic dis16 tribution of the foreign and domestic supply 

17 chain described in subparagraph (A). 

18 (C) An assessment of the Government of 

19 Iran’s ability to indigenously manufacture or 

20 otherwise produce the goods, services, or tech21 nology necessary to support its ballistic missile 

22 program. 

23 (D) An identification of foreign persons 

24 that have, based on credible information, di25 rectly or indirectly facilitated or supported the 


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1 development of the Government of Iran’s bal2 listic missile program, including the foreign and 

3 domestic supply chain described in subpara4 graph (A). 

5 (E) A determination with respect to each 

6 foreign person identified under subparagraph 

7 (D) as to whether the foreign person meets the 

8 criteria for designation under— 

9 (i) paragraph (1) of section 5(b) of 

10 the Iran Sanctions Act of 1996 (Public 

11 Law 104–172; 50 U.S.C. 1701 note), as 

12 amended by this section; 

13 (ii) section 104 of the Countering 

14 America’s Adversaries Through Sanctions 

15 Act (Public Law 115–44); or 

16 (iii) Executive Order No. 13382 

17 (2005). 

18 (2) FORM.—The report required under para19 graph (1) shall be submitted in unclassified form, 

20 but may contain a classified annex. 

21 (d) SANCTIONABLE ACTIVITIES WITH RESPECT TO

22 WEAPONS OF MASS DESTRUCTION.—Paragraph (1) of 

23 section 5(b) of the Iran Sanctions Act of 1996 (Public 

24 Law 104–172; 50 U.S.C. 1701 note) is amended— 


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1 (1) in the heading, by striking ‘‘EXPORTS, 

2 TRANSFERS, AND TRANSSHIPMENTS’’ and inserting 

3 ‘‘WEAPONS OF MASS DESTRUCTION; BALLISTIC MIS4 SILES; CONVENTIONAL WEAPONS’’; 

5 (2) by striking ‘‘Except as’’ and inserting the 

6 following: 

7 ‘‘(A) WEAPONS OF MASS DESTRUCTION.— 

8 Except as’’; 

9 (3) by striking ‘‘(A) on or after the date of the 

10 enactment of the Iran Threat Reduction and Syria 

11 Human Rights Act of 2012’’ and inserting the fol12 lowing: 

13 ‘‘(i)(I) on or after the date of the en14 actment of the Iran Ballistic Missiles and 

15 International Sanctions Enforcement Act’’; 

16 (4) by striking ‘‘(B) knew’’ and inserting the 

17 following: 

18 ‘‘(II) knew’’; 

19 (5) by striking ‘‘(i) the export’’ and inserting 

20 the following: 

21 ‘‘(aa) the export’’; 

22 (6) by striking ‘‘would likely’’ and inserting 

23 ‘‘may’’; 

24 (7) by striking ‘‘(ii) the export’’ and inserting 

25 the following: 


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1 ‘‘(bb) the export’’; 

2 (8) by striking ‘‘(I) acquire’’ and inserting the 

3 following: 

4 ‘‘(AA) acquire’’; 

5 (9) by striking ‘‘; or’’ at the end of subpara6 graph (A)(ii)(II)(bb)(AA) (as so redesignated); 

7 (10) by inserting after subparagraph 

8 (A)(ii)(II)(bb)(AA) (as so redesignated) the fol9 lowing: 

10 ‘‘(BB) acquire or develop 

11 ballistic missiles or ballistic mis12 sile launch technologies; or’’; 

13 (11) by striking ‘‘(II) acquire’’ and inserting 

14 the following: 

15 ‘‘(CC) acquire’’; 

16 (12) by striking the period at the end of sub17 paragraph (A)(ii)(II)(bb)(CC) (as so redesignated) 

18 and inserting ‘‘; or’’; and 

19 (13) by adding at the end of subparagraph (A) 

20 the following: 

21 ‘‘(ii) knowingly exports or transfers, 

22 or permits or otherwise facilitates the 

23 transshipment or re-export of, goods, serv24 ices, technology, or other items to Iran 

25 that materially supports Iran’s efforts to— 


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1 ‘‘(I) acquire or develop ballistic 

2 missiles or ballistic missile launch 

3 technologies; or 

4 ‘‘(II) acquire or develop desta5 bilizing numbers and types of ad6 vanced conventional weapons (as such 

7 term is defined in paragraphs (1) and 

8 (2) of section 1608 of the Iran-Iraq 

9 Arms Non-Proliferation Act of 

10 1992).’’. 

11 (e) SANCTIONABLE ACTIVITIES WITH RESPECT TO

12 BALLISTIC MISSILES.—Paragraph (1) of section 5(b) of 

13 the Iran Sanctions Act of 1996 (Public Law 104–172; 50 

14 U.S.C. 1701 note), as amended by subsection (e), is fur15 ther amended by adding at the end the following: 

16 ‘‘(B) ADDITIONAL BALLISTIC MISSILE-RE17 LATED GOODS, SERVICES, AND TECHNOLOGY.— 

18 ‘‘(i) ADDITIONAL AUTHORITY.—The 

19 President shall impose the sanctions de20 scribed in paragraph (8), (10), or (12) of 

21 section 6(a), as the case may be, with re22 spect to— 

23 ‘‘(I) an agency or instrumentality 

24 of the Government of Iran if the 

25 President determines that the agency 


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1 or instrumentality, on or after the 

2 date of the enactment of this subpara3 graph, knowingly seeks to develop, 

4 procure, or acquire goods, services, or 

5 technology that materially supports 

6 efforts by the Government of Iran 

7 with respect to ballistic missile-related 

8 goods, services, and technologies as 

9 described in clause (iii); 

10 ‘‘(II) a foreign person or an 

11 agency or instrumentality of a foreign 

12 state if the President determines that 

13 the person or agency or instrumen14 tality knowingly, on or after the date 

15 of the enactment of this paragraph, 

16 provides significant material support 

17 to the Government of Iran that sup18 ports efforts by the Government of 

19 Iran with respect to ballistic missile20 related goods, services, and tech21 nologies as described in clause (iii); 

22 and 

23 ‘‘(III) a foreign person that the 

24 President determines knowingly en25 gages in a significant transaction or 


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1 transactions with, or provides signifi2 cant financial services for, a foreign 

3 person or an agency or instrumen4 tality of a foreign state described in 

5 subclause (I) or (II) with respect to 

6 ballistic missile-related goods, services, 

7 and technologies as described in 

8 clause (iii). 

9 ‘‘(ii) DETERMINATION AND REPORT

10 ON BALLISTIC MISSILE TESTS.— 

11 ‘‘(I) IN GENERAL.—Not later 

12 than 30 days after the date on which 

13 the President determines that the 

14 Government of Iran has conducted a 

15 test of a ballistic missile that fails to 

16 comply with, violates, or is in defiance 

17 of United Nations Security Council 

18 Resolution 2231 (2015), the President 

19 shall submit to the appropriate con20 gressional committees a report that 

21 identifies each senior official of the 

22 Government of Iran that the Presi23 dent determines is responsible for or24 dering, controlling, or otherwise di25 recting the missile test. 


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1 ‘‘(II) MATTERS TO BE IN2 CLUDED.—The report required by 

3 subclause (I) should include available 

4 information on the ballistic missile or 

5 the generic class of ballistic missile or 

6 space rocket that was launched; the 

7 trajectory, duration, range, and alti8 tude of the missile flight; the dura9 tion, range, and altitude of the flight 

10 of each stage of the missile; the loca11 tion of the launch point and impact 

12 point; the payload; and other technical 

13 information that is available. 

14 ‘‘(III) FORM.—The report re15 quired by subclause (I) shall be sub16 mitted in unclassified form, but may 

17 contain a classified annex. 

18 ‘‘(iii) EFFORTS BY THE GOVERNMENT

19 OF IRAN WITH RESPECT TO BALLISTIC

20 MISSILE-RELATED GOODS, SERVICES, AND

21 TECHNOLOGIES DESCRIBED.— 

22 ‘‘(I) IN GENERAL.—For purposes 

23 of subclauses (I), (II), and (III) of 

24 clause (i), and except as provided in 

25 subclause (II) of this clause, efforts 


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1 by the Government of Iran with re2 spect to ballistic missile-related goods, 

3 services, and technologies described in 

4 this subsection are efforts by the Gov5 ernment of Iran to manufacture, ac6 quire, possess, develop, transport, 

7 transfer, test or use ballistic missiles 

8 or associated goods, services, or tech9 nology by the Government of Iran, in10 cluding efforts by the Government of 

11 Iran to manufacture, acquire, possess, 

12 develop, transport, transfer, pur13 chase— 

14 ‘‘(aa) goods, services, or 

15 technology listed on the Missile 

16 Technology Control Regime 

17 Equipment and Technology 

18 Annex of October 8, 2015, and 

19 subsequent revisions that have 

20 been acquired outside of the Pro21 curement Working Group or not 

22 otherwise approved by the United 

23 Nations Security Council; or 

24 ‘‘(bb) goods, services, or 

25 technology not described in the 


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1 matter preceding item (aa) or 

2 item (aa) but which nevertheless 

3 the President determines would 

4 be, if such goods, services, or 

5 technology were United States 

6 goods, services, or technology, 

7 prohibited for export to Iran be8 cause of their potential to materi9 ally support the development of 

10 ballistic missile systems or bal11 listic missile launch technologies. 

12 ‘‘(II) EXCEPTION.—Subclause (I) 

13 shall not apply with respect to efforts 

14 by the Government of Iran with re15 spect to ballistic missile-related goods, 

16 services, and technologies that have 

17 been approved under paragraph 4 of 

18 Annex B of United Nations Security 

19 Council Resolution 2231 (2015). 

20 ‘‘(iv) PROCUREMENT WORKING GROUP

21 DEFINED.—In clause (iii)(I), the term 

22 ‘procurement working group’ means the 

23 Procurement Working Group of the Joint 

24 Commission established under Annex IV of 

25 the applicable provisions in Annex A of 


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1 United Nations Security Council Resolu2 tion 2231 (2015). 

3 ‘‘(v) ADDITIONAL REPORT ON BAL4 LISTIC MISSILE TESTS.— 

5 ‘‘(I) IN GENERAL.—Not later 

6 than January 31 of each calendar 

7 year, the President should submit to 

8 the Committee on Foreign Affairs of 

9 the House of Representatives and the 

10 Committee on Foreign Relations of 

11 the Senate a report that specifies the 

12 number and generic class of ballistic 

13 missiles and space rockets launched 

14 by Iran during the preceding calendar 

15 year and the dates of each missile 

16 launch and the type of missile 

17 launched on each relevant date. The 

18 report should include definitions used 

19 for classifying the generic classes of 

20 missiles. 

21 ‘‘(II) FORM.—The report re22 quired by subclause (I) shall be sub23 mitted in unclassified form, but may 

24 contain a classified annex.’’. 


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1 (f) SANCTIONABLE ACTIVITIES WITH RESPECT TO

2 CONVENTIONAL WEAPONS.—Paragraph (1) of section 

3 5(b) of the Iran Sanctions Act of 1996 (Public Law 104– 

4 172; 50 U.S.C. 1701 note), as amended by subsections 

5 (e) and (f), is further amended by adding at the end the 

6 following: 

7 ‘‘(C) CONVENTIONAL WEAPONS.—The 

8 President shall impose the sanctions described 

9 in paragraph (8) or (12) of section 6(a), as the 

10 case may be, with respect to a foreign person 

11 or an agency or instrumentality of a foreign 

12 state if the President determines that the per13 son or agency or instrumentality knowingly, on 

14 or after the date of the enactment of this para15 graph, imports, exports, or re-exports to, into, 

16 or from Iran, whether directly or indirectly, any 

17 significant arms or related materiel prohibited 

18 under paragraph (5) or (6) of Annex B of 

19 United Nations Security Council Resolution 

20 2231 (2015).’’. 

21 (g) EXCEPTION AND DEFINITIONS.—Paragraph (1) 

22 of section 5(b) of the Iran Sanctions Act of 1996 (Public 

23 Law 104–172; 50 U.S.C. 1701 note), as amended by sub24 sections (e), (f), and (g), is further amended by adding 

25 at the end the following: 


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1 ‘‘(D) EXCEPTION.—The President may not 

2 impose sanctions under subparagraph (B) or 

3 (C) with respect to a foreign person or a United 

4 States person if the President determines that 

5 the person has exercised due diligence in estab6 lishing and enforcing official policies, proce7 dures, and controls to ensure that the person 

8 does not sell, supply, or transfer to or from 

9 Iran materials the sale, supply, or transfer of 

10 which would subject a person to the imposition 

11 of sanctions under subparagraph (B) or (C), as 

12 the case may be, or conduct or facilitate a fi13 nancial transaction for such a sale, supply, or 

14 transfer. 

15 ‘‘(E) DEFINITIONS.—In subparagraphs 

16 (B) and (C) of this paragraph: 

17 ‘‘(i) AGENCY OR INSTRUMEN18 TALITY.—The term ‘agency or instrumen19 tality’ has the meaning given such term in 

20 section 1603(b) of title 28, United States 

21 Code. 

22 ‘‘(ii) FOREIGN STATE.—The term 

23 ‘foreign state’ has the meaning given such 

24 term in section 1603(a) of title 28, United 

25 States Code. 


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1 ‘‘(iii) GOVERNMENT OF IRAN.—The 

2 term ‘Government of Iran’ has the mean3 ing given such term in section 560.304 of 

4 title 31, Code of Federal Regulations, as 

5 such section was in effect on January 1, 

6 2016. 

7 ‘‘(iv) SIGNIFICANT TRANSACTION OR

8 TRANSACTIONS; SIGNIFICANT FINANCIAL

9 SERVICES.—The terms ‘significant trans10 action or transactions’ and ‘significant fi11 nancial services’ shall be determined in ac12 cordance with section 561.404 of title 31, 

13 Code of Federal Regulations, as such sec14 tion 561.404 was in effect on January 1, 

15 2016.’’. 

16 (h) SANCTIONS DESCRIBED.—Section 6(a) of the 

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

18 U.S.C. 1701 note) is amended— 

19 (1) by striking paragraph (10) and inserting 

20 the following: 

21 ‘‘(10) INADMISSIBILITY TO UNITED STATES.— 

22 ‘‘(A) IN GENERAL.—The President may di23 rect the Secretary of State to deny a visa to, 

24 and the Secretary of Homeland Security to ex25 clude from the United States and, if the indiVerDate Sep 11 2014 22:53 Oct 30, 2017 Jkt 079200 PO 00000 Frm 00017 Fmt 6652 Sfmt 6201 E:\BILLS\H1698.RFS H1698

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1 vidual has been issued a visa or other docu2 mentation, revoke, in accordance with the Im3 migration and Nationality Act (8 U.S.C. 1101 

4 et seq.) the visa or other documentation of any 

5 alien that— 

6 ‘‘(i) is designated pursuant to sub7 paragraph (B) or (C) of section 5(b)(1); or 

8 ‘‘(ii) the President determines is a 

9 corporate officer or principal of, or a 

10 shareholder with a controlling interest in, a 

11 sanctioned person. 

12 ‘‘(B) EXCEPTION TO COMPLY WITH

13 UNITED NATIONS HEADQUARTERS AGREE14 MENT.—Sanctions under subparagraph (A) 

15 shall not apply to an alien if admitting the alien 

16 into the United States is necessary to permit 

17 the United States to comply with the Agree18 ment regarding the Headquarters of the United 

19 Nations, signed at Lake Success June 26, 

20 1947, and entered into force November 21, 

21 1947, between the United Nations and the 

22 United States, or other applicable international 

23 obligations.’’; 

24 (2) by redesignating paragraph (12) as para25 graph (13); and 


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1 (3) by inserting after paragraph (11) the fol2 lowing: 

3 ‘‘(12) EXPORT SANCTION.—In the case of an 

4 agency or instrumentality of a foreign state, no item 

5 on the United States Munitions List or Commerce 

6 Munitions List may be exported to that foreign state 

7 for a period of 2 years.’’. 

8 (i) RULE OF CONSTRUCTION.—The sanctions that 

9 are required to be imposed under this section and the 

10 amendments made by this section are in addition to other 

11 similar or related sanctions that are required to be im12 posed under any other provision of law. 

13 (j) IMPLEMENTATION.—The President may exercise 

14 all authorities provided under sections 203 and 205 of the 

15 International Emergency Economic Powers Act (50 

16 U.S.C. 1702 and 1704) to carry out any amendments 

17 made by this section. 

18 (k) IMPLEMENTATION PLAN.—Not later than 60 

19 days after the date of the enactment of this Act, the Presi20 dent shall transmit to the appropriate congressional com21 mittees a plan to implement— 

22 (1) paragraph (1) of section 5(b) of the Iran 

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

24 U.S.C. 1701 note), as amended by this section; and 


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1 (2) section 104 of the Countering America’s 

2 Adversaries Through Sanctions Act (Public Law 

3 115–44). 

4 (l) EFFECTIVE DATE.— 

5 (1) IN GENERAL.—The amendments made by 

6 this section shall— 

7 (A) take effect on the date of the enact8 ment of this Act; and 

9 (B) apply with respect to an activity de10 scribed in subsection (b) of section 5 of the 

11 Iran Sanctions Act of 1996, as amended by this 

12 section, that is commenced on or after such 

13 date of enactment. 

14 (2) APPLICABILITY TO ONGOING ACTIVITIES RE15 LATING TO CERTAIN ACTIVITIES.—A person that, 

16 before the date of the enactment of this Act, com17 menced an activity described in section 5(b) of the 

18 Iran Sanctions Act of 1996, as in effect on the day 

19 before such date of enactment, and continues the ac20 tivity on or after such date of enactment, shall be 

21 subject to the provisions of the Iran Sanctions Act 

22 of 1996, as amended by this Act. 

23 SEC. 3. REPORT ON SANCTIONABLE ACTIVITIES. 

24 (a) IN GENERAL.—Not later than 180 days after the 

25 date of the enactment of this Act, and every 180 days 


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1 thereafter for a period not to exceed 3 years, the President 

2 shall submit to the appropriate congressional committees 

3 a report that contains the following information: 

4 (1) Any credible information regarding Iran’s 

5 attempts to develop, procure, or acquire goods, serv6 ices, or technology with respect to which sanctions 

7 may be imposed pursuant to subparagraphs (B) and 

8 (C) of section 5(b)(1) of the Iran Sanctions Act of 

9 1996 (Public Law 104–172; 50 U.S.C. 1701 note), 

10 as added by section 2 of this Act. 

11 (2) Any credible information regarding Iran’s 

12 acquisition or attempted acquisition of significant 

13 arms and related material in violation of paragraph 

14 5 of Annex B of United Nations Security Council 

15 Resolution 2231 (2015). 

16 (3) Any credible information regarding Iran’s 

17 export or attempted export of significant arms and 

18 related material in violation of paragraph 6 of 

19 Annex B of United Nations Security Council Resolu20 tion 2231 (2015). 

21 (4) Any approval granted by the United Na22 tions Security Council for the export of significant 

23 arms and related material identified under para24 graphs 5 or 6 of Annex B of United Nations Secu25 rity Council Resolution 2231 (2015). 


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1 (5) Any credible information regarding viola2 tions of travel restrictions described in paragraph 6 

3 of Annex B of United Nations Security Council Res4 olution 2231 (2015). 

5 (6) Any approval granted by the United Na6 tions Security Council for exemptions to the travel 

7 restrictions described in paragraph 6 of Annex B of 

8 United Nations Security Council Resolution 2231 

9 (2015). 

10 (b) FORM.—The report required by subsection (a) 

11 shall be submitted in unclassified form, but may contain 

12 a classified annex. 

13 SEC. 4. DETERMINATIONS WITH RESPECT TO THE IMPOSI14 TION OF SANCTIONS FOR THE SALE OR 

15 TRANSFER OF DESTABILIZING TYPES AND 

16 AMOUNTS OF CONVENTIONAL WEAPONS TO 

17 THE GOVERNMENT OF IRAN. 

18 (a) NOTIFICATION OF SALES AND TRANSFERS.—Not 

19 later than 90 days after the date on which the President 

20 receives credible information that destabilizing numbers 

21 and types of conventional weapons have been sold or 

22 transferred to Iran, the President shall notify the appro23 priate congressional committees of the sale or transfer. 

24 (b) DETERMINATIONS WITH RESPECT TO SANC25 TIONS.— 


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

2 after the date on which the President notifies the 

3 appropriate congressional committees of a sale or 

4 transfer under subsection (a), the President shall— 

5 (A) determine whether such sale or trans6 fer meets the requirements to impose sanctions 

7 under each provision of law specified in sub8 section (c); and 

9 (B)(i) if the determination is that the sale 

10 or transfer is subject to any such sanctions, the 

11 President shall— 

12 (I) make a determination whether to 

13 impose or waive such sanctions with re14 spect to such sale or transfer; and 

15 (II) submit that determination to the 

16 appropriate congressional committees; or 

17 (ii) if the determination is that the sale or 

18 transfer is not subject to any such sanctions, 

19 the President shall submit to the appropriate 

20 congressional committees a detailed report on 

21 the determination and the specific reasons for 

22 the determination. 

23 (2) FORM.—The determination in paragraph 

24 (1) shall be provided in an unclassified form, and 

25 may contain a classified annex. 


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1 (c) PROVISIONS OF LAW SPECIFIED.—The provisions 

2 of law specified in this subsection are the following: 

3 (1) Section 5(b)(1) of the Iran Sanctions Act of 

4 1996 (50 U.S.C. 1701 note), as amended by section 

5 2 of this Act. 

6 (2) The Iran-Iraq Arms Non-Proliferation Act 

7 of 1992 (50 U.S.C. 1701 note). 

8 (3) The Iran, North Korea, and Syria Non9 proliferation Act (50 U.S.C. 1701 note). 

10 (d) DEFINITION.—In this section, the term ‘‘desta11 bilizing numbers and types of advanced conventional 

12 weapons’’— 

13 (1) has the meaning given the terms ‘‘advanced 

14 conventional weapons’’ and ‘‘cruise missile’’ as de15 fined in paragraphs (1) and (2), respectively, of sec16 tion 1608 of the Iran-Iraq Arms Non-Proliferation 

17 Act of 1992 (50 U.S.C. 1701 note); and 

18 (2) includes the S–300 and S–400 missile de19 fense systems and air superiority fighters. 

20 SEC. 5. DETERMINATION ON USE BY THE GOVERNMENT OF 

21 IRAN OF COMMERCIAL PASSENGER AIR22 CRAFT AND RELATED SERVICES FOR ILLICIT 

23 MILITARY OR OTHER ACTIVITIES. 

24 (a) DETERMINATION.—Not later than 180 days after 

25 the date of the enactment of this Act, and every 180 days 


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1 thereafter for 3 years, the President shall submit to the 

2 appropriate congressional committees a determination on 

3 use by the Government of Iran of commercial passenger 

4 aircraft and related services for illicit military or other ac5 tivities on or after the date of the enactment of this Act. 

6 (b) ELEMENTS OF DETERMINATION.—The deter7 mination required under subsection (a) shall include a de8 scription of the extent to which— 

9 (1) commercial passenger aircraft in Iran are 

10 being used to transport— 

11 (A) arms or related materiel, including de12 fense articles, defense services, or technical data 

13 that are controlled on the United States Muni14 tions List established under section 38 of the 

15 Arms Export Control Act (22 U.S.C. 2778); 

16 (B) any item that is, or would be, if lo17 cated in the United States, controlled by Export 

18 Control Classification Number 600 series listed 

19 on the Commerce Control List maintained 

20 under Supplement No. 1 to part 774 of the Ex21 port Administration Regulations; 

22 (C) items used to facilitate the develop23 ment or production of a chemical or biological 

24 weapon or other weapon of mass destruction 


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1 and their means of delivery, including ballistic 

2 missiles and cruise missiles; or 

3 (D) any foreign person that facilitates the 

4 transfer of any of the articles described in sub5 paragraphs (A) through (C); 

6 (2) commercial passenger aircraft licensed by 

7 the Office of Foreign Assets Control of the Depart8 ment of the Treasury are being used for activities 

9 described in paragraph (1); and 

10 (3) foreign governments and persons have fa11 cilitated the activities described in paragraph (1), in12 cluding allowing the use of airports, services, or 

13 other resources. 

14 (c) FORM OF DETERMINATION.—The determination 

15 required under subsection (a) shall be submitted in unclas16 sified form but may include a classified annex. 

17 (d) DEFINITIONS.—In this section: 

18 (1) COMMERCIAL PASSENGER AIRCRAFT.—The 

19 term ‘‘commercial passenger aircraft’’ includes— 

20 (A) an aircraft of United States origin and 

21 that is classified under Export Control Classi22 fication Number (ECCN) 9A99l on the Com23 merce Control List maintained under Supple24 ment No. 1 to part 774 of the Export Adminis25 tration Regulations; or 


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1 (B) an aircraft not of United States origin 

2 of which United States-controlled content con3 stitutes 10 percent or more of the total value of 

4 the aircraft and that is— 

5 (i) classified under Export Control 

6 Classification Number (ECCN) 9A99l on 

7 the Commerce Control List maintained 

8 under Supplement No. 1 to part 774 of the 

9 Export Administration Regulations; and 

10 (ii) is registered in a jurisdiction other 

11 than the United States. 

12 (2) EXPORT ADMINISTRATION REGULATIONS.— 

13 The term ‘‘Export Administration Regulations’’ 

14 means subchapter C of chapter VII of title 15, Code 

15 of Federal Regulations. 

16 (3) RELATED SERVICES.—The term ‘‘related 

17 services’’, with respect to a commercial passenger 

18 aircraft, includes— 

19 (A) the export, re-export, sale, lease, or 

20 transfer to Iran of spare parts and components; 

21 and 

22 (B) warranty, maintenance, and repair 

23 services. 


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1 SEC. 6. REGULATORY AUTHORITY. 

2 (a) IN GENERAL.—The President shall, not later 

3 than 120 days after the date of the enactment of this Act, 

4 promulgate regulations as necessary for the implementa5 tion of this Act and the amendments made by this Act. 

6 (b) NOTIFICATION TO CONGRESS.—Not less than 10 

7 days before the promulgation of regulations under sub8 section (a), the President shall notify the appropriate con9 gressional committees of the proposed regulations and the 

10 provisions of this Act and the amendments made by this 

11 Act that the regulations are implementing. 

12 SEC. 7. DEFINITIONS. 

13 In this Act: 

14 (1) APPROPRIATE CONGRESSIONAL COMMIT15 TEES.—The term ‘‘appropriate congressional com16 mittees’’ means— 

17 (A) the Committee on Foreign Affairs, the 

18 Committee on Ways and Means, the Committee 

19 on Financial Services, the Committee on Appro20 priations, the Committee on Oversight and Gov21 ernment Reform, and the Permanent Select 

22 Committee on Intelligence of the House of Rep23 resentatives; and 

24 (B) the Committee on Foreign Relations, 

25 the Committee on Finance, the Committee on 

26 Banking, Housing, and Urban Affairs, the 


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1 Committee on Appropriations, the Committee 

2 on Homeland Security and Governmental Af3 fairs, and the Select Committee on Intelligence 

4 of the Senate. 

5 (2) CREDIBLE INFORMATION.—The term ‘‘cred6 ible information’’ has the meaning given such term 

7 in section 14 of the Iran Sanctions Act of 1996 

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

9 (3) GOVERNMENT OF IRAN.—The term ‘‘Gov10 ernment of Iran’’ has the meaning given such term 

11 in section 560.304 of title 31, Code of Federal Reg12 ulations, as such section was in effect on January 1, 

13 2016. 

Passed the House of Representatives October 26, 

2017. 

Attest: KAREN L. HAAS, 

Clerk. 


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