II 

113TH CONGRESS 

2D SESSION S. 2329 

To prevent Hezbollah from gaining access to international financial and 

other institutions, and for other purposes. 

IN THE SENATE OF THE UNITED STATES 

MAY 13, 2014 

Mrs. SHAHEEN (for herself, Mr. RUBIO, Mr. CASEY, Ms. AYOTTE, Mr. 

CARDIN, Mr. RISCH, Mr. MARKEY, Mr. CORNYN, Mrs. GILLIBRAND, and 

Mr. GRAHAM) introduced the following bill; which was read twice and referred to the Committee on Banking, Housing, and Urban Affairs 

A BILL 

To prevent Hezbollah from gaining access to international 

financial and other institutions, 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 ‘‘Hezbollah International Financing Prevention Act of 

6 2014’’. 

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

8 this Act is as follows: 

Sec. 1. Short title; table of contents. 


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TITLE I—PREVENTION OF ACCESS BY HEZBOLLAH TO 

INTERNATIONAL FINANCIAL AND OTHER INSTITUTIONS 

Sec. 101. Findings; statement of policy. 

Sec. 102. Sanctions with respect to financial institutions that engage in certain 

transactions. 

Sec. 103. Report on imposition of sanctions on certain satellite providers that 

carry al-Manar TV. 

Sec. 104. Report on activities of foreign governments to disrupt global logistics 

networks and fundraising, financing, and money laundering activities of Hezbollah. 

Sec. 105. Appropriate congressional committees defined. 

TITLE II—DESIGNATION OF HEZBOLLAH AS A MAJOR DRUG 

SMUGGLING ENTERPRISE AND A TRANSNATIONAL CRIMINAL 

ORGANIZATION 

Sec. 201. Designation of Hezbollah as significant foreign narcotics traffickers. 

Sec. 202. Designation of Hezbollah as a significant transnational criminal organization. 

Sec. 203. Appropriate congressional committees defined. 

TITLE III—MISCELLANEOUS PROVISIONS 

Sec. 301. Rule of construction. 

Sec. 302. Regulatory authority. 

Sec. 303. Termination. 

1 TITLE I—PREVENTION OF AC2 CESS BY HEZBOLLAH TO 

3 INTERNATIONAL FINANCIAL 

4 AND OTHER INSTITUTIONS 

5 SEC. 101. FINDINGS; STATEMENT OF POLICY. 

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

7 (1) The United States Government holds 

8 Hezbollah responsible for the largest number of 

9 American deaths overseas by a terrorist organization 

10 prior to the attacks of September 11, 2001, includ11 ing a number of attacks on and hostage takings tar12 geting Americans in Lebanon during the 1980s, in13 cluding the bombing of the United States Embassy 


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1 in Beirut in April 1983 and the bombing of the 

2 United States Marine barracks in October 1983. 

3 (2) Hezbollah’s operations outside of Lebanon, 

4 including its participation in bombings of Israeli and 

5 Jewish institutions in Argentina during the 1990s, 

6 recent support to Shiite insurgents in Iraq, recent 

7 attacks and attempted attacks in Europe, Southeast 

8 Asia, and elsewhere, and extensive international 

9 operational, logistical, and financial networks have 

10 rendered it a capable and deadly adversary with 

11 global reach. 

12 (3) Hezbollah has been designated as a terrorist 

13 organization by the United States since 1995, and 

14 remains on foreign terrorist organization and Spe15 cially Designated Terrorist lists. 

16 (4) In March 2013, a Cypriot court convicted a 

17 Hezbollah member for participation in a criminal or18 ganization, planning to commit a crime and money 

19 laundering. In June 2013, the Government of Bul20 garia concluded that Hezbollah was responsible for 

21 the 2012 Burgas bombing, which killed 6 people. 

22 (5) In July 2013, the European Union des23 ignated the military wing of Hezbollah as a terrorist 

24 organization. The designation helps to facilitate Eu25 ropean law enforcement agencies’ actions against 


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1 Hezbollah’s fundraising, logistical activity, and ter2 rorist plotting on European soil. 

3 (6) In July 2013, the Gulf Cooperation Council, 

4 consisting of Saudi Arabia, Qatar, Bahrain, Kuwait, 

5 Oman, and the United Arab Emirates, declared 

6 Hezbollah a terrorist organization. 

7 (7) Hezbollah continues to provide material as8 sistance, including assuming a combat role, in Syria, 

9 and aids the Government of Iran and the Govern10 ment of Syria in their human rights and other 

11 abuses perpetrated against the Syrian people. 

12 (8) An estimated 5,000 Hezbollah fighters are 

13 supporting the regime of Bashar al-Assad in Syria 

14 by fighting on his behalf and by providing military 

15 training, advice, and logistical support to regime 

16 forces. 

17 (9) Hezbollah continues to serve as a proxy of 

18 Iran, in its effort to target the United States and its 

19 allies and interests. 

20 (10) Hezbollah’s global logistics and financial 

21 network serves as a lifeline to the organization, and 

22 enables it to consolidate power within Lebanon and 

23 provides it with the capabilities to perpetrate com24 plex attacks internationally. 


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1 (11) Hezbollah has evolved into a significant 

2 drug smuggling organization, and also engages in 

3 other serious criminal activity, including money 

4 laundering, counterfeiting pharmaceuticals, and 

5 trade in conflict diamonds. 

6 (12) In April 2013, the Department of the 

7 Treasury blacklisted two Lebanese exchange houses, 

8 Kassem Rmeiti & Co. and Halawi Exchange Co., for 

9 laundering drug profits for Hezbollah. 

10 (13) In February 2011, the Department of the 

11 Treasury blacklisted the Lebanese Canadian Bank 

12 as of primary money laundering concern, alleging 

13 that it moved approximately $200,000,000 as part 

14 of a drug trafficking network that profited 

15 Hezbollah. 

16 (14) The Department of Justice reports that 29 

17 of the 63 organizations on its Fiscal Year 2010 Con18 solidated Priority Organization Targets list, which 

19 includes the most significant international drug traf20 ficking organizations threatening the United States, 

21 were associated with terrorist groups. There is con22 cern about Hezbollah’s drug and criminal activities, 

23 as well as indications of links between al-Qaeda in 

24 the Lands of the Islamic Maghreb and the drug 

25 trade. 


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1 (15) Al-Manar, the Lebanese satellite television 

2 station affiliated with Hezbollah broadcasting from 

3 Beirut, Lebanon, was designated as a Specially Des4 ignated Global Terrorist entity in May 2006, but 

5 continues to be carried by international broadcasting 

6 agents. 

7 (16) Hezbollah continues to present a threat to 

8 the United States and its allies and interests. 

9 (b) STATEMENT OF POLICY.—It shall be the policy 

10 of the United States to— 

11 (1) prevent Hezbollah’s global logistics and fi12 nancial network from operating in order to curtail 

13 funding of its domestic and international activities; 

14 and 

15 (2) utilize all available diplomatic, legislative, 

16 and executive avenues to combat the criminal activi17 ties of Hezbollah as a means to block the ability of 

18 Hezbollah to fund its global terrorist activities. 

19 SEC. 102. SANCTIONS WITH RESPECT TO FINANCIAL INSTI20 TUTIONS THAT ENGAGE IN CERTAIN TRANS21 ACTIONS. 

22 (a) PROHIBITIONS AND CONDITIONS WITH RESPECT

23 TO CERTAIN ACCOUNTS HELD BY FOREIGN FINANCIAL

24 INSTITUTIONS.— 


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

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

3 of the Treasury, in consultation with the Secretary 

4 of State, shall prohibit, or impose strict conditions 

5 on, the opening or maintaining in the United States 

6 of a correspondent account or a payable-through ac7 count by a foreign financial institution that the Sec8 retary finds engages in an activity described in para9 graph (2). 

10 (2) ACTIVITIES DESCRIBED.—A foreign finan11 cial institution engages in an activity described in 

12 this paragraph if the foreign financial institution— 

13 (A) knowingly facilitates the activities of 

14 Hezbollah or any of its agents or affiliates the 

15 property or interests in property of which are 

16 blocked pursuant to the International Emer17 gency Economic Powers Act (50 U.S.C. 1701 et 

18 seq.); 

19 (B) knowingly facilitates the activities of a 

20 person acting on behalf of or at the direction of, 

21 or owned or controlled by, a person described in 

22 subparagraph (A); 

23 (C) knowingly engages in money laun24 dering to carry out an activity described in sub25 paragraph (A) or (B); or 


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1 (D) knowingly facilitates a significant 

2 transaction or transactions or provides signifi3 cant financial services to carry out an activity 

4 described in subparagraph (A), (B), or (C). 

5 (3) PENALTIES.—The penalties provided for in 

6 subsections (b) and (c) of section 206 of the Inter7 national Emergency Economic Powers Act (50 

8 U.S.C. 1705) shall apply to a person that violates, 

9 attempts to violate, conspires to violate, or causes a 

10 violation of this subsection, or an order or regulation 

11 prescribed under this subsection, to the same extent 

12 that such penalties apply to a person that commits 

13 an unlawful act described in section 206(a) of that 

14 Act. 

15 (4) PROCEDURES FOR JUDICIAL REVIEW OF

16 CLASSIFIED INFORMATION.— 

17 (A) IN GENERAL.—If a finding under this 

18 subsection or a prohibition, condition, or pen19 alty imposed as a result of any such finding, is 

20 based on classified information (as defined in 

21 section 1(a) of the Classified Information Pro22 cedures Act (18 U.S.C. App.)) and a court re23 views the finding or the imposition of the prohi24 bition, condition, or penalty, the Secretary of 


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1 the Treasury may submit such information to 

2 the court ex parte and in camera. 

3 (B) RULE OF CONSTRUCTION.—Nothing in 

4 this paragraph shall be construed to confer or 

5 imply any right to judicial review of any finding 

6 under this subsection or any prohibition, condi7 tion, or penalty imposed as a result of any such 

8 finding. 

9 (5) REGULATIONS.—The Secretary of the 

10 Treasury shall prescribe and implement regulations 

11 to carry out this subsection. 

12 (b) REQUIREMENTS FOR FINANCIAL INSTITUTIONS

13 MAINTAINING ACCOUNTS FOR FOREIGN FINANCIAL IN14 STITUTIONS.— 

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

16 after the date of the enactment of this Act, the Sec17 retary of the Treasury shall prescribe regulations to 

18 require a domestic financial institution maintaining 

19 a correspondent account or payable-through account 

20 in the United States for a foreign financial institu21 tion to do one or more of the following: 

22 (A) Report to the Department of the 

23 Treasury with respect to financial transactions 

24 or other financial services provided with respect 

25 to any activity described in subsection (a)(2). 


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1 (B) Provide timely and accurate informa2 tion to domestic financial institutions maintain3 ing a correspondent account or payable-through 

4 account in the United States for a foreign fi5 nancial institution with respect to any activity 

6 described in subsection (a)(2). 

7 (C) Establish due diligence policies, proce8 dures, and controls, such as the due diligence 

9 policies, procedures, and controls described in 

10 section 5318(i) of title 31, United States Code, 

11 reasonably designed to detect whether the Sec12 retary of the Treasury has found the foreign fi13 nancial institution to knowingly engage in any 

14 activity described in subsection (a)(2). 

15 (2) PENALTIES.—The penalties provided for in 

16 sections 5321(a) and 5322 of title 31, United States 

17 Code, shall apply to a person that violates a regula18 tion prescribed under paragraph (1) of this sub19 section, in the same manner and to the same extent 

20 as such penalties would apply to any person that is 

21 otherwise subject to such section 5321(a) or 5322. 

22 (c) WAIVER.—The Secretary of the Treasury, in con23 sultation with the Secretary of State, may waive the appli24 cation of a prohibition or condition imposed with respect 

25 to a foreign financial institution pursuant to subsection 


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1 (a) on and after the date that is 30 days after the Sec2 retary of the Treasury, with the concurrence of the Sec3 retary of State— 

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

5 national security interests of the United States; and 

6 (2) submits to the appropriate congressional 

7 committees a report describing the reasons for the 

8 determination. 

9 (d) PROVISIONS RELATING TO FOREIGN CENTRAL

10 BANKS.— 

11 (1) REPORT.—Not later than 90 days after the 

12 date of the enactment of this Act, and every 180 

13 days thereafter, the Secretary of the Treasury shall 

14 submit to the appropriate congressional committees 

15 a report that— 

16 (A) identifies each foreign central bank 

17 that the Secretary finds engages in one or more 

18 activities described in subsection (a)(2)(D); and 

19 (B) provides a detailed description of each 

20 such activity. 

21 (2) SPECIAL RULE TO ALLOW FOR TERMI22 NATION OF SANCTIONABLE ACTIVITY.—The Sec23 retary of the Treasury shall not be required to apply 

24 sanctions under subsection (a) to a foreign central 

25 bank described in the report required under paraVerDate Mar 15 2010 21:04 May 18, 2014 Jkt 039200 PO 00000 Frm 00011 Fmt 6652 Sfmt 6201 E:\BILLS\S2329.IS S2329

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1 graph (1) if the Secretary of the Treasury, in con2 sultation with the Secretary of State, certifies in 

3 writing to the appropriate congressional committees 

4 that— 

5 (A) the foreign central bank— 

6 (i) is no longer engaging in the activ7 ity described in subsection (a)(2)(D) for 

8 which the bank was identified in the re9 port; or 

10 (ii) has taken significant verifiable 

11 steps toward terminating the activity not 

12 later than 90 days after the date on which 

13 the Secretary makes such certification; and 

14 (B) the Secretary has received reliable as15 surances from the government with primary ju16 risdiction over the foreign central bank that the 

17 foreign central bank will not engage in any ac18 tivity described in subsection (a)(2)(D) in the 

19 future. 

20 (e) IMPLEMENTATION.—The President may exercise 

21 all authorities provided under sections 203 and 205 of the 

22 International Emergency Economic Powers Act (50 

23 U.S.C. 1702 and 1704) to carry out this section. 

24 (f) DEFINITIONS.— 

25 (1) IN GENERAL.—In this section: 


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1 (A) ACCOUNT; CORRESPONDENT ACCOUNT; 

2 PAYABLE-THROUGH ACCOUNT.—The terms ‘‘ac3 count’’, ‘‘correspondent account’’, and ‘‘payable4 through account’’ have the meanings given 

5 those terms in section 5318A of title 31, United 

6 States Code. 

7 (B) AGENT.—The term ‘‘agent’’ includes 

8 an entity established by a person for purposes 

9 of conducting transactions on behalf of the per10 son in order to conceal the identity of the per11 son. 

12 (C) FINANCIAL INSTITUTION.—The term 

13 ‘‘financial institution’’ means a financial insti14 tution specified in subparagraph (A), (B), (C), 

15 (D), (E), (F), (G), (H), (I), (J), (K), (M), (N), 

16 (R), or (Y) of section 5312(a)(2) of title 31, 

17 United States Code. 

18 (D) FOREIGN FINANCIAL INSTITUTION; 

19 DOMESTIC FINANCIAL INSTITUTION.— 

20 (i) FOREIGN FINANCIAL INSTITU21 TION.—The term ‘‘foreign financial institu22 tion’’— 

23 (I) has the meaning of that term 

24 as determined by the Secretary of the 

25 Treasury; and 


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1 (II) includes a foreign central 

2 bank. 

3 (ii) DOMESTIC FINANCIAL INSTITU4 TION.—The term ‘‘domestic financial insti5 tution’’ has the meaning of that term as 

6 determined by the Secretary of the Treas7 ury. 

8 (E) MONEY LAUNDERING.—The term 

9 ‘‘money laundering’’ means any of the activities 

10 described in paragraph (1), (2), or (3) of sec11 tion 1956(a) of title 18, United States Code, 

12 with respect to which penalties may be imposed 

13 pursuant to that section. 

14 (2) OTHER DEFINITIONS.—The Secretary of 

15 the Treasury may further define the terms used in 

16 this section in the regulations prescribed under this 

17 section. 

18 SEC. 103. REPORT ON IMPOSITION OF SANCTIONS ON CER19 TAIN SATELLITE PROVIDERS THAT CARRY 

20 AL-MANAR TV. 

21 (a) IN GENERAL.—Not later than 90 days after the 

22 date of the enactment of this Act, the President shall sub23 mit to the appropriate congressional committees a report 

24 that includes— 


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1 (1) a list of all satellite, broadcast, Internet, or 

2 other providers that knowingly transmit or otherwise 

3 broadcast the content of al-Manar TV, and any af4 filiates or successors thereof; and 

5 (2) with respect to all providers included on the 

6 list pursuant to paragraph (1)— 

7 (A) an identification of those providers 

8 that have been sanctioned pursuant to Execu9 tive Order 13224 (66 Fed. Reg. 49079; relating 

10 to blocking property and prohibiting trans11 actions with persons who commit, threaten to 

12 commit, or support terrorism); and 

13 (B) an identification of those providers 

14 that have not been sanctioned pursuant to Ex15 ecutive Order 13224 and, with respect to each 

16 such provider, the reason why sanctions have 

17 not been imposed. 

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

19 shall be submitted in unclassified form to the greatest ex20 tent possible, and may contain a classified annex. 


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1 SEC. 104. REPORT ON ACTIVITIES OF FOREIGN GOVERN2 MENTS TO DISRUPT GLOBAL LOGISTICS NET3 WORKS AND FUNDRAISING, FINANCING, AND 

4 MONEY LAUNDERING ACTIVITIES OF 

5 HEZBOLLAH. 

6 (a) IN GENERAL.—Not later than 90 days after the 

7 date of the enactment of this Act, the President shall sub8 mit to the appropriate congressional committees a report 

9 that includes— 

10 (1) a list of countries in which Hezbollah main11 tains important portions of its global logistics net12 works; 

13 (2) with respect to each country on the list re14 quired by paragraph (1)— 

15 (A) an assessment of whether the govern16 ment of the country is taking adequate meas17 ures to disrupt the global logistics networks of 

18 Hezbollah within the territory of the country; 

19 and 

20 (B) in the case of a country the govern21 ment of which is not taking adequate measures 

22 to disrupt those networks— 

23 (i) an assessment of the reasons that 

24 government is not taking adequate meas25 ures to disrupt those networks; and 


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1 (ii) a description of measures being 

2 taken by the United States Government to 

3 encourage that government to improve 

4 measures to disrupt those networks; 

5 (3) a list of countries in which Hezbollah, or 

6 any of its agents or affiliates, conducts significant 

7 fundraising, financing, or money laundering activi8 ties; and 

9 (4) with respect to each country on the list re10 quired by paragraph (3)— 

11 (A) an assessment of whether the govern12 ment of the country is taking adequate meas13 ures to disrupt the fundraising, financing, or 

14 money laundering activities of Hezbollah and its 

15 agents and affiliates within the territory of the 

16 country; and 

17 (B) in the case of a country the govern18 ment of which is not taking adequate measures 

19 to disrupt those activities— 

20 (i) an assessment of the reasons that 

21 government is not taking adequate meas22 ures to disrupt those activities; and 

23 (ii) a description of measures being 

24 taken by the United States Government to 

25 encourage the government of that country 


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1 to improve measures to disrupt those ac2 tivities. 

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

4 shall be submitted in unclassified form to the greatest ex5 tent possible, and may contain a classified annex. 

6 SEC. 105. APPROPRIATE CONGRESSIONAL COMMITTEES 

7 DEFINED. 

8 In this title, the term ‘‘appropriate congressional 

9 committees’’ means— 

10 (1) the Committee on Foreign Affairs and the 

11 Committee on Financial Services of the House of 

12 Representatives; and 

13 (2) the Committee on Foreign Relations and 

14 the Committee on Banking, Housing, and Urban Af15 fairs of the Senate. 

16 TITLE II—DESIGNATION OF 

17 HEZBOLLAH AS A MAJOR 

18 DRUG SMUGGLING ENTER19 PRISE AND A 

20 TRANSNATIONAL CRIMINAL 

21 ORGANIZATION 

22 SEC. 201. DESIGNATION OF HEZBOLLAH AS SIGNIFICANT 

23 FOREIGN NARCOTICS TRAFFICKERS. 

24 (a) IN GENERAL.—Not later than 90 days after the 

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1 termine if Hezbollah meets the criteria specified for des2 ignation as a significant foreign narcotics trafficker under 

3 section 804 of the Foreign Narcotics Kingpin Designation 

4 Act (21 U.S.C. 1903). 

5 (b) AFFIRMATIVE DETERMINATION.—If the Presi6 dent determines under subsection (a) that Hezbollah 

7 meets the criteria specified for designation as a significant 

8 foreign narcotics trafficker under section 804 of the For9 eign Narcotics Kingpin Designation Act (21 U.S.C. 1903), 

10 the President shall designate Hezbollah as a significant 

11 foreign narcotics trafficker under that section. 

12 (c) NEGATIVE DETERMINATION.— 

13 (1) IN GENERAL.—If the President determines 

14 under subsection (a) that Hezbollah does not meet 

15 the criteria specified for designation as a significant 

16 foreign narcotics trafficker under section 804 of the 

17 Foreign Narcotics Kingpin Designation Act (21 

18 U.S.C. 1903), the President shall submit to the ap19 propriate congressional committees a report that 

20 contains a detailed justification as to which criteria 

21 have not been met. 

22 (2) FORM.—The report required under para23 graph (1) shall be submitted in unclassified form, 

24 but may contain a classified annex, if necessary. 


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1 SEC. 202. DESIGNATION OF HEZBOLLAH AS A SIGNIFICANT 

2 TRANSNATIONAL CRIMINAL ORGANIZATION. 

3 (a) IN GENERAL.—Not later than 90 days after the 

4 date of the enactment of this Act, the President shall de5 termine if Hezbollah meets the criteria specified for des6 ignation as a significant transnational criminal organiza7 tion under Executive Order 13581 (76 Fed. Reg. 44757; 

8 relating to blocking property of transnational criminal or9 ganizations). 

10 (b) AFFIRMATIVE DETERMINATION.—If the Presi11 dent determines under subsection (a) that Hezbollah 

12 meets the criteria specified for designation as a significant 

13 transnational criminal organization under Executive 

14 Order 13581, the President shall designate Hezbollah a 

15 significant transnational criminal organization under that 

16 order. 

17 (c) NEGATIVE DETERMINATION.— 

18 (1) IN GENERAL.—If the President determines 

19 under subsection (a) that Hezbollah does not meet 

20 the criteria specified for designation as a significant 

21 transnational criminal organization under Executive 

22 Order 13581, the President shall submit to the ap23 propriate congressional committees a report that 

24 contains a detailed justification as to which criteria 

25 have not been met. 


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1 (2) FORM.—The report required under para2 graph (1) shall be submitted in unclassified form, 

3 but may contain a classified annex, if necessary. 

4 SEC. 203. APPROPRIATE CONGRESSIONAL COMMITTEES 

5 DEFINED. 

6 In this title, the term ‘‘appropriate congressional 

7 committees’’ means— 

8 (1) the Committee on Foreign Affairs, the 

9 Committee on Financial Services, and the Com10 mittee on the Judiciary of the House of Representa11 tives; and 

12 (2) the Committee on Foreign Relations, the 

13 Committee on Banking, Housing, and Urban Af14 fairs, and the Committee on the Judiciary of the 

15 Senate. 

16 TITLE III—MISCELLANEOUS 

17 PROVISIONS 

18 SEC. 301. RULE OF CONSTRUCTION. 

19 Nothing in this Act shall apply to the authorized in20 telligence activities of the United States. 

21 SEC. 302. REGULATORY AUTHORITY. 

22 The President shall, not later than 90 days after the 

23 date of the enactment of this Act, promulgate regulations 

24 as necessary for the implementation of this Act. 


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1 SEC. 303. TERMINATION. 

2 Each provision of this Act shall cease to be in effect 

3 beginning 30 days after the date on which the President 

4 certifies to Congress that Hezbollah— 

5 (1) is no longer designated as a foreign ter6 rorist organization pursuant to section 219 of the 

7 Immigration and Nationality Act (8 U.S.C. 1189); 

8 and 

9 (2) is no longer listed in the Annex to Executive 

10 Order 13224 (66 Fed. Reg. 49079; relating to block11 ing property and prohibiting transactions with per12 sons who commit, threaten to commit, or support 

13 terrorism). 

Æ 


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