II 

114TH CONGRESS 

2D SESSION S. 3536 

To impose sanctions on persons that threaten the peace or stability of Iraq 

or the Government of Iraq and to address the emergency in Syria, 

and for other purposes. 

IN THE SENATE OF THE UNITED STATES 

DECEMBER 8, 2016 

Mr. RUBIO (for himself and Mr. CASEY) introduced the following bill; which 

was read twice and referred to the Committee on Banking, Housing, and 

Urban Affairs 

A BILL 

To impose sanctions on persons that threaten the peace 

or stability of Iraq or the Government of Iraq and to 

address the emergency 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 ‘‘Preventing Destabilization of Iraq and Syria Act of 

6 2016’’. 

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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Sec. 2. Findings. 

TITLE I—MEASURES TO ADDRESS THREATS TO PEACE OR 

STABILITY OF IRAQ AND SYRIA 

Sec. 101. Statement of policy. 

Sec. 102. Imposition of sanctions with respect to certain foreign persons threatening peace or stability in Iraq and Syria. 

Sec. 103. Determinations with respect to imposition of sanctions on certain Iranian, Syrian, and Russian persons. 

Sec. 104. Report on Iranian activities in Iraq and Syria. 

Sec. 105. Assistance to the people of Syria. 

TITLE II—ADDITIONAL ACTIONS IN CONNECTION WITH THE 

NATIONAL EMERGENCY WITH RESPECT TO SYRIA 

Sec. 201. Sanctions with respect to Central Bank of Syria and foreign persons 

that engage in certain transactions. 

Sec. 202. Sanctions with respect to the transfer of arms and related materials 

to Syria. 

Sec. 203. Imposition, and conditional termination, of sanctions relating to significant arms sales to Syria. 

Sec. 204. Rule of construction. 

TITLE III—AMENDMENTS TO SYRIA HUMAN RIGHTS 

ACCOUNTABILITY ACT OF 2012 

Sec. 301. Imposition of sanctions with respect to certain persons who are responsible for or complicit in human rights abuses committed 

against citizens of Syria or their family members. 

Sec. 302. Imposition of sanctions with respect to the transfer of goods or technologies to Syria that are likely to be used to commit human 

rights abuses. 

TITLE IV—REPORTS AND WAIVER FOR HUMANITARIAN-RELATED 

ACTIVITIES WITH RESPECT TO SYRIA 

Sec. 401. Report on monitoring and evaluating of ongoing assistance programs 

in Syria and to the Syrian people. 

Sec. 402. Report on certain persons who are responsible for or complicit in certain human rights violations in Syria. 

Sec. 403. Assessment of potential effectiveness of and requirements for the establishment of a no-fly zone, safe zones, or a no-bombing zone 

in Syria. 

Sec. 404. Assistance to support entities taking actions relating to gathering evidence for investigations into war crimes or crimes against humanity in Syria since March 2011. 

Sec. 405. Appropriate congressional committees defined. 

TITLE V—SUSPENSION OF SANCTIONS WITH RESPECT TO SYRIA 

Sec. 501. Suspension of sanctions with respect to Syria. 

Sec. 502. Waivers and exemptions. 

Sec. 503. Appropriate congressional committees defined. 

TITLE VI—REGULATORY AUTHORITY AND SUNSET 


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Sec. 601. Regulatory authority. 

Sec. 602. Sunset. 

1 SEC. 2. FINDINGS. 

2 Congress makes the following findings: 

3 (1) More than 14,000,000 Syrians have become 

4 refugees or internally displaced persons over the last 

5 five years. 

6 (2) The Syrian Observatory for Human Rights 

7 has reported that since 2012, more than 60,000 

8 Syrians, including children, have died in Syrian pris9 ons. 

10 (3) In July 2014, the Committee on Foreign 

11 Affairs of the House of Representatives heard testi12 mony from a former Syrian military photographer, 

13 alias ‘‘Caesar’’, who fled Syria and smuggled out 

14 thousands of photos of tortured bodies. In testi15 mony, Caesar said, ‘‘I have seen horrendous pictures 

16 of bodies of people who had tremendous amounts of 

17 torture, deep wounds and burns and strangulation.’’. 

18 (4) The regime of Bashar al-Assad has repeat19 edly blocked civilian access to or diverted humani20 tarian assistance, including medical supplies, to be21 sieged and hard-to-reach areas, in violation of 

22 United Nations Security Council resolutions. 

23 (5) The course of the Syrian transition and its 

24 future leadership may depend on what the United 


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1 States and its partners do now to save Syrian lives, 

2 alleviate suffering, and help Syrians determine their 

3 own future. 

4 TITLE I—MEASURES TO AD5 DRESS THREATS TO PEACE 

6 OR STABILITY OF IRAQ AND 

7 SYRIA 

8 SEC. 101. STATEMENT OF POLICY. 

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

10 sanctions with respect to terrorist organizations and for11 eign countries, including the Government of Iran and the 

12 Government of the Russian Federation, that threaten the 

13 peace or stability of Iraq or Syria. 

14 SEC. 102. IMPOSITION OF SANCTIONS WITH RESPECT TO 

15 CERTAIN FOREIGN PERSONS THREATENING 

16 PEACE OR STABILITY IN IRAQ AND SYRIA. 

17 (a) SANCTIONS REQUIRED.—The President shall im18 pose the sanctions described in subsection (b)(1) with re19 spect to any foreign person that— 

20 (1) is responsible for or complicit in, or to have 

21 engaged in, directly or indirectly— 

22 (A) actions that threaten the peace, secu23 rity, or stability of Iraq or Syria; 


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1 (B) actions or policies that undermine ef2 forts to promote economic reconstruction and 

3 political reform in Iraq; or 

4 (C) the obstruction of the delivery or dis5 tribution of, or access to, humanitarian assist6 ance to the people of Iraq or Syria; 

7 (2) has materially assisted, sponsored, or pro8 vided financial, material, or technological support 

9 for, or goods or services to or in support of, any ac10 tivity described in subparagraph (A), (B), or (C) of 

11 paragraph (1); or 

12 (3) is owned or controlled by, or has acted or 

13 purported to act for or on behalf of, directly or indi14 rectly, a foreign person that has carried out any ac15 tivity described in subparagraph (A), (B), or (C) of 

16 paragraph (1) or paragraph (2). 

17 (b) SANCTIONS DESCRIBED.— 

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

19 this subsection are the following: 

20 (A) ASSET BLOCKING.—The President 

21 shall block, in accordance with the International 

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

23 1701 et seq.), all transactions in all property 

24 and interests in property of a person subject to 

25 subsection (a) if such property and interests in 


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1 property are in the United States, come within 

2 the United States, or are or come within the 

3 possession or control of a United States person. 

4 (B) ALIENS INELIGIBLE FOR VISAS, AD5 MISSION, OR PAROLE.— 

6 (i) EXCLUSION FROM THE UNITED

7 STATES.—The Secretary of State shall 

8 deny a visa to, and the Secretary of Home9 land Security shall exclude from the 

10 United States, any person subject to sub11 section (a) that is an alien. 

12 (ii) CURRENT VISAS REVOKED.— 

13 (I) IN GENERAL.—The issuing 

14 consular officer, the Secretary of 

15 State, or the Secretary of Homeland 

16 Security (or a designee of one of such 

17 Secretaries) shall revoke any visa or 

18 other entry documentation issued to 

19 an alien subject to subsection (a), re20 gardless of when issued. 

21 (II) EFFECT OF REVOCATION.— 

22 A revocation under subclause (I) shall 

23 take effect immediately and shall 

24 automatically cancel any other valid 


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1 visa or entry documentation that is in 

2 the alien’s possession. 

3 (2) INAPPLICABILITY OF NATIONAL EMER4 GENCY REQUIREMENT.—The requirements of section 

5 202 of the International Emergency Economic Pow6 ers Act (50 U.S.C. 1701) shall not apply for pur7 poses of the imposition of sanctions under this sec8 tion. 

9 (3) PENALTIES.—A person that violates, at10 tempts to violate, conspires to violate, or causes a 

11 violation of paragraph (1)(A) or any regulation, li12 cense, or order issued to carry out that paragraph 

13 shall be subject to the penalties set forth in sub14 sections (b) and (c) of section 206 of the Inter15 national Emergency Economic Powers Act (50 

16 U.S.C. 1705) to the same extent as a person that 

17 commits an unlawful act described in subsection (a) 

18 of that section. 

19 (4) EXCEPTION TO COMPLY WITH UNITED NA20 TIONS HEADQUARTERS AGREEMENT.—Sanctions 

21 under paragraph (1)(B) shall not apply to an alien 

22 if admitting the alien into the United States is nec23 essary to permit the United States to comply with 

24 the Agreement regarding the Headquarters of the 

25 United Nations, signed at Lake Success June 26, 


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1 1947, and entered into force November 21, 1947, 

2 between the United Nations and the United States, 

3 or other applicable international obligations. 

4 (c) WAIVER.— 

5 (1) IN GENERAL.—The President may, on a 

6 case-by-case basis and for periods not to exceed 180 

7 days, waive the application of sanctions under this 

8 section with respect to a foreign person, and may 

9 renew the waiver for additional periods of not more 

10 than 180 days, if the President determines and re11 ports to the appropriate congressional committees at 

12 least 15 days before the waiver or renewal of the 

13 waiver is to take effect that the waiver is vital to the 

14 national security interests of the United States. 

15 (2) FORM OF REPORT.—A report submitted 

16 under paragraph (1) shall be submitted in unclassi17 fied form but may include a classified annex. 

18 (3) SUNSET.—The provisions of this subsection 

19 and any waivers issued pursuant to this subsection 

20 shall terminate on the date that is 3 years after the 

21 date of the enactment of this Act. 

22 (d) IMPLEMENTATION AUTHORITY.—The President 

23 may exercise all authorities provided to the President 

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1 gency Economic Powers Act (50 U.S.C. 1702 and 1704) 

2 for purposes of carrying out this section. 

3 (e) REGULATORY AUTHORITY.— 

4 (1) IN GENERAL.—The President shall, not 

5 later than 90 days after the date of the enactment 

6 of this Act, promulgate regulations as necessary for 

7 the implementation of this section. 

8 (2) NOTIFICATION TO CONGRESS.—Not less 

9 than 10 days before the promulgation of regulations 

10 under paragraph (1), the President shall notify and 

11 provide to the appropriate congressional committees 

12 the proposed regulations and the provisions of this 

13 Act and the amendments made by this Act that the 

14 regulations are implementing. 

15 (f) DEFINITIONS.—In this section: 

16 (1) ADMITTED; ALIEN.—The terms ‘‘admitted’’ 

17 and ‘‘alien’’ have the meanings given those terms in 

18 section 101(a) of the Immigration and Nationality 

19 Act (8 U.S.C. 1101(a)). 

20 (2) APPROPRIATE CONGRESSIONAL COMMIT21 TEES.—The term ‘‘appropriate congressional com22 mittees’’ means— 

23 (A) the Committee on Foreign Affairs, the 

24 Committee on the Judiciary, the Committee on 

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1 cial Services of the House of Representatives; 

2 and 

3 (B) the Committee on Foreign Relations, 

4 the Committee on the Judiciary, the Committee 

5 on Finance, and the Committee on Banking, 

6 Housing, and Urban Affairs of the Senate. 

7 (3) FOREIGN PERSON.—The term ‘‘foreign per8 son’’ means— 

9 (A) an individual who is not a United 

10 States person; 

11 (B) a corporation, partnership, or other 

12 nongovernmental entity that is not a United 

13 States person; or 

14 (C) any representative, agent or instru15 mentality of, or an individual working on behalf 

16 of a foreign government. 

17 (4) GOVERNMENT OF IRAQ.—The term ‘‘Gov18 ernment of Iraq’’ has the meaning given that term 

19 in section 576.310 of title 31, Code of Federal Reg20 ulations (or any corresponding similar regulation or 

21 ruling). 

22 (5) GOVERNMENT OF SYRIA.—The term ‘‘Gov23 ernment of Syria’’ has the meaning given that term 

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1 ulations (or any corresponding similar regulation or 

2 ruling). 

3 (6) KNOWINGLY.—The term ‘‘knowingly’’, with 

4 respect to conduct, a circumstance, or a result, 

5 means that a person has actual knowledge, or should 

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

7 result. 

8 (7) PERSON.—The term ‘‘person’’ means an in9 dividual or entity. 

10 (8) PROPERTY; PROPERTY INTEREST.—The 

11 terms ‘‘property’’ and ‘‘property interest’’ have the 

12 meanings given those terms in section 576.312 of 

13 title 31, Code of Federal Regulations (or any cor14 responding similar regulation or ruling). 

15 (9) UNITED STATES PERSON.—The term 

16 ‘‘United States person’’ has the meaning given that 

17 term in section 576.319 of title 31, Code of Federal 

18 Regulations (or any corresponding similar regulation 

19 or ruling). 

20 (g) SUNSET.—This section shall cease to be effective 

21 beginning on January 1, 2022. 


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1 SEC. 103. DETERMINATIONS WITH RESPECT TO IMPOSI2 TION OF SANCTIONS ON CERTAIN IRANIAN, 

3 SYRIAN, AND RUSSIAN PERSONS. 

4 (a) SENSE OF CONGRESS.—It is the sense of Con5 gress that the Government of Iran, the Government of 

6 Syria, and the Government of the Russian Federation are 

7 responsible for or complicit in, or to have engaged in, di8 rectly or indirectly— 

9 (1) actions that threaten the peace, security, or 

10 stability of Iraq or Syria; 

11 (2) actions or policies that undermine efforts to 

12 promote economic reconstruction and political re13 form in Iraq; and 

14 (3) actions that obstruct the delivery or dis15 tribution of humanitarian assistance to, or access to 

16 such assistance by, the people of Iraq or Syria. 

17 (b) DETERMINATIONS.— 

18 (1) IN GENERAL.—The President shall, not 

19 later than 45 days after the date of the enactment 

20 of this Act, determine whether any Iranian person, 

21 Syrian person, or Russian person has engaged in ac22 tivities described in section 102(a). 

23 (2) DETERMINATIONS WITH RESPECT TO CER24 TAIN PERSONS.—In making determinations under 

25 paragraph (1), the President shall make a deter26 mination with respect to whether each of the folVerDate Sep 11 2014 03:28 Dec 13, 2016 Jkt 069200 PO 00000 Frm 00012 Fmt 6652 Sfmt 6201 E:\BILLS\S3536.IS S3536

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1 lowing has engaged in activities described in section 

2 102(a): 

3 (A) The Supreme Leader of Iran. 

4 (B) The President of Iran. 

5 (C) Members of the Council of Guardians 

6 of Iran. 

7 (D) Members of the Expediency Council of 

8 Iran. 

9 (E) The Minister of Intelligence and Secu10 rity of Iran. 

11 (F) The Commander of the Iran’s Revolu12 tionary Guard Corps. 

13 (G) The Minister of Defense of Iran. 

14 (H) Members of Iran’s Revolutionary 

15 Guard Corps. 

16 (I) The President of Syria. 

17 (J) The Minister of Defense of Syria. 

18 (K) The President of the Russian Federa19 tion. 

20 (L) The Prime Minister of the Russian 

21 Federation. 

22 (M) The Minister of Defense of the Rus23 sian Federation. 

24 (3) EFFECT OF DETERMINATION.—If the Presi25 dent determines a person has engaged in activities 


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1 described in section 102(a), the President shall, sub2 ject to the waiver authority provided under section 

3 102(c), impose the sanctions described in section 

4 102(b) with respect to that person. 

5 (4) REPORT.— 

6 (A) IN GENERAL.—The President shall 

7 submit to the appropriate congressional com8 mittees a report on the determinations made 

9 under paragraph (1) that includes— 

10 (i) the reasons for those determina11 tions; 

12 (ii) an identification of the persons 

13 that have engaged in activities described in 

14 section 102(a); and 

15 (iii) a statement of whether the Presi16 dent has imposed the sanctions described 

17 in section 102(b) with respect to those per18 sons and, if not, the reasons why the 

19 President has not imposed sanctions with 

20 respect to those persons. 

21 (B) FORM.—A report submitted under 

22 subparagraph (A) shall be submitted in unclas23 sified form but may include a classified annex. 

24 (5) DEFINITIONS.—In this subsection: 


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1 (A) APPROPRIATE CONGRESSIONAL COM2 MITTEES.—The term ‘‘appropriate congres3 sional committees’’ means— 

4 (i) the Committee on Foreign Affairs, 

5 the Committee on Ways and Means, and 

6 the Committee on Financial Services of the 

7 House of Representatives; and 

8 (ii) the Committee on Foreign Rela9 tions, the Committee on Finance, and the 

10 Committee on Banking, Housing, and 

11 Urban Affairs of the Senate. 

12 (B) IRANIAN PERSON.—The term ‘‘Iranian 

13 person’’ means— 

14 (i) an individual who is a citizen or 

15 national of Iran; or 

16 (ii) an entity organized under the laws 

17 of Iran or otherwise subject to the jurisdic18 tion of the Government of Iran. 

19 (C) RUSSIAN PERSON.—The term ‘‘Rus20 sian person’’ means— 

21 (i) an individual who is a citizen or 

22 national of the Russian Federation; or 

23 (ii) an entity organized under the laws 

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1 diction of the Government of the Russian 

2 Federation. 

3 (D) SYRIAN PERSON.—The term ‘‘Syrian 

4 person’’ means— 

5 (i) an individual who is a citizen or 

6 national of Syria; or 

7 (ii) an entity organized under the laws 

8 of Syria or otherwise subject to the juris9 diction of the Government of Syria. 

10 SEC. 104. REPORT ON IRANIAN ACTIVITIES IN IRAQ AND 

11 SYRIA. 

12 (a) REPORT.—Not later than 60 days after the date 

13 of the enactment of this Act, and every 180 days there14 after for a period not to exceed 5 years, the President shall 

15 submit to the appropriate congressional committees a re16 port on Iranian activities in Iraq and Syria. 

17 (b) MATTERS TO BE INCLUDED.—The report re18 quired by subsection (a) shall include— 

19 (1) a description of Iran’s support for— 

20 (A) Iraqi militias or political parties, in21 cluding weapons, financing, and other forms of 

22 material support; and 

23 (B) the regime of Bashar al-Assad in 

24 Syria; and 


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1 (2) a list of referrals to the relevant United Na2 tions Security Council sanctions committees by the 

3 United States Permanent Representative to the 

4 United Nations. 

5 (c) FORM.—The President may submit the report re6 quired by subsection (a) in classified form if the President 

7 determines that it is necessary for the national security 

8 interests of the United States to do so. 

9 (d) APPROPRIATE CONGRESSIONAL COMMITTEES

10 DEFINED.—In this section, the term ‘‘appropriate con11 gressional committees’’ means— 

12 (1) the Committee on Foreign Affairs, the Per13 manent Select Committee on Intelligence, the Com14 mittee on Armed Services, the Committee on Ways 

15 and Means, and the Committee on Financial Serv16 ices of the House of Representatives; and 

17 (2) the Committee on Foreign Relations, the 

18 Select Committee on Intelligence, the Committee on 

19 Armed Services, the Committee on Finance, and the 

20 Committee on Banking, Housing, and Urban Affairs 

21 of the Senate. 

22 SEC. 105. ASSISTANCE TO THE PEOPLE OF SYRIA. 

23 (a) SENSE OF CONGRESS.—It is the sense of Con24 gress that the Government of Syria is in violation of nu25 merous United Nations Security Council Resolutions reVerDate Sep 11 2014 03:28 Dec 13, 2016 Jkt 069200 PO 00000 Frm 00017 Fmt 6652 Sfmt 6201 E:\BILLS\S3536.IS S3536

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1 garding the provision of humanitarian assistance to the 

2 people of Syria and that the Government of the Russian 

3 Federation is complicit in the humanitarian crisis in Syria 

4 because of its failure to enforce those Resolutions. 

5 (b) AUTHORITY.—The President is authorized, not6 withstanding any other provision of law, to furnish, on 

7 such terms and conditions as the President may deter8 mine, assistance in order to— 

9 (1) provide enhanced support for humanitarian 

10 activities taking place in and outside Syria, including 

11 the provision of food, shelter, water, health care, and 

12 medical supplies; 

13 (2) support efforts for a peaceful resolution of 

14 the conflict in Syria as well as the establishment of 

15 an inclusive representative form of government in 

16 Syria; 

17 (3) build the capacity of legitimate local coun18 cils and leaders inside Syria to provide basic services 

19 to Syrian people in territory liberated from the Is20 lamic State of Iraq and Syria; 

21 (4) continue to encourage the participation of 

22 all groups, including women, business leaders, civil 

23 society organizations, traditional and religious lead24 ers, and minority groups in efforts for a peaceful 


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1 resolution of the conflict and political transition in 

2 Syria; 

3 (5) encourage international bodies to insist that 

4 transitional and future governments are committed 

5 to multiparty democracy, open and transparent gov6 ernance, respect for human rights and religious free7 dom, ending the violence throughout the country, 

8 promoting peace and stability with Syria’s neigh9 bors, enhancing the rule of law and combating cor10 ruption, and rehabilitating and reintegrating former 

11 combatants; 

12 (6) contribute seed funding to establish a Syria 

13 Reconstruction Fund, which would leverage con14 tributions from other international donors and be 

15 used for the physical reconstruction and reestablish16 ment of basic services in Syria after the cessation of 

17 the conflict and the fall of the regime of Bashar al18 Assad; 

19 (7) contribute future capacity building for le20 gitimate governing institutions after a political tran21 sition takes place in Syria; and 

22 (8) expand the public awareness-raising cam23 paign of the United States Government about 

24 United States humanitarian assistance efforts 

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1 tional media sources, as well as social or new media 

2 sources. 

3 (c) FUNDING.— 

4 (1) FISCAL YEARS 2017 AND 2018.—Of the 

5 amounts made available to carry out the Foreign As6 sistance Act of 1961 (22 U.S.C. 2151 et seq.) for 

7 fiscal years 2017 and 2018, such sums as may be 

8 necessary should be allocated for bilateral assistance 

9 programs in Syria. 

10 (2) FUTURE FUNDING.—It is the sense of Con11 gress that the Department of State should submit a 

12 budget request for fiscal year 2018 that contains an 

13 appropriate increase in bilateral and multilateral as14 sistance for Syria based on progress toward accom15 plishing the policy objectives described in subsection 

16 (b). 

17 (3) AVAILABILITY.—Amounts appropriated pur18 suant to the authorization of appropriations under 

19 paragraphs (1) and (2)— 

20 (A) are authorized to remain available 

21 until expended; and 

22 (B) are in addition to funds otherwise 

23 available for such purposes. 

24 (d) COORDINATION WITH OTHER DONOR NA25 TIONS.—The United States should work with other donor 


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1 countries, on a bilateral and multilateral basis, to increase 

2 international contributions to the people of Syria and ac3 complish the policy objectives described in subsection (b). 

4 (e) NOTIFICATION REQUIREMENT.— 

5 (1) IN GENERAL.—In cases where the authority 

6 in this section is relied upon to overcome applicable 

7 restrictions on the provision of assistance to Syria, 

8 obligation of such funds shall be subject to the noti9 fication requirement of section 634A(a) of the For10 eign Assistance Act of 1961 (22 U.S.C. 2394–1(a)). 

11 (2) WAIVER.—Notification under paragraph (1) 

12 may be waived if failure to do so would pose a sub13 stantial risk to human health or welfare, in which 

14 case notification shall be provided as early as prac15 ticable, but in no event later than 3 days after tak16 ing the action to which such notification requirement 

17 was applicable. The waiver shall be accompanied by 

18 an explanation of the emergency circumstances ne19 cessitating the waiver. 


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1 TITLE II—ADDITIONAL ACTIONS 

2 IN CONNECTION WITH THE 

3 NATIONAL EMERGENCY WITH 

4 RESPECT TO SYRIA 

5 SEC. 201. SANCTIONS WITH RESPECT TO CENTRAL BANK 

6 OF SYRIA AND FOREIGN PERSONS THAT EN7 GAGE IN CERTAIN TRANSACTIONS. 

8 (a) APPLICATION OF CERTAIN MEASURES TO CEN9 TRAL BANK OF SYRIA.—The President shall apply the 

10 measures described in section 5318A(b)(5) of title 31, 

11 United States Code, to the Central Bank of Syria. 

12 (b) IMPOSITION OF SANCTIONS WITH RESPECT TO

13 FOREIGN PERSONS THAT ENGAGE IN CERTAIN TRANS14 ACTIONS.— 

15 (1) IN GENERAL.—On and after the date that 

16 is 90 days after the date of the enactment of this 

17 Act, the President shall impose on a foreign person 

18 the sanctions described in subsection (c) if the for19 eign person has knowingly engaged in an activity de20 scribed in paragraph (2). 

21 (2) ACTIVITIES DESCRIBED.—A foreign person 

22 engages in an activity described in this paragraph if 

23 the foreign person— 

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1 cluding engaging in or facilitating a significant 

2 transaction or transactions with) or provides 

3 significant financial services for— 

4 (i) the Government of Syria (including 

5 government entities operating as a busi6 ness enterprise) and the Central Bank of 

7 Syria, including Syria’s intelligence and se8 curity services or its armed forces, or any 

9 of its agents or affiliates; or 

10 (ii) a foreign person subject to finan11 cial sanctions pursuant to— 

12 (I) the International Emergency 

13 Economic Powers Act (50 U.S.C. 

14 1701 et seq.) with respect to Syria or 

15 any other provision of law that im16 poses sanctions with respect to Syria; 

17 or 

18 (II) a resolution that is agreed to 

19 by the United Nations Security Coun20 cil that imposes sanctions with respect 

21 to Syria; 

22 (B) knowingly— 

23 (i) sells or provides significant goods, 

24 services, technology, information, or sup25 port that could directly and significantly 


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1 facilitate the maintenance or expansion of 

2 Syria’s domestic production of natural gas 

3 or petroleum or petroleum products of Syr4 ian origin; 

5 (ii) sells or provides to Syria crude oil 

6 or condensate, refined petroleum products, 

7 liquefied natural gas, or petrochemical 

8 products that have a fair market value of 

9 $500,000 or more or that during a 12- 

10 month period have an aggregate fair mar11 ket value of $2,000,000 or more; 

12 (iii) sells or otherwise provides civilian 

13 aircraft or spare parts, or provides signifi14 cant goods, services, or technologies associ15 ated with the operation of aircraft or air16 lines to any foreign person operating in the 

17 areas controlled by the Government of 

18 Syria; or 

19 (iv) sells or otherwise provides signifi20 cant goods, services, or technology to a for21 eign person operating in the shipping (in22 cluding ports and free trade zones), trans23 portation, or telecommunications sectors in 

24 areas controlled by the Government of 

25 Syria; 


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1 (C) knowingly engages in money laun2 dering to carry out an activity described in sub3 paragraph (A) or (B); 

4 (D) knowingly facilitates efforts by a for5 eign person to carry out an activity described in 

6 subparagraph (A) or (B); 

7 (E) knowingly provides loans, credits (in8 cluding export credits), or financing to carry 

9 out an activity described in subparagraph (A) 

10 or (B); and 

11 (F) is owned or controlled by a foreign 

12 person that engages in the activities described 

13 in subparagraphs (A) through (D). 

14 (c) SANCTIONS DESCRIBED.— 

15 (1) IN GENERAL.—The sanctions to be imposed 

16 on a foreign person described in subsection (b) are 

17 the following: 

18 (A) ASSETS FREEZE.—The President shall 

19 exercise all powers granted by the International 

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

21 1701 et seq.) (except that the requirements of 

22 section 202 of such Act (50 U.S.C. 1701) shall 

23 not apply) to the extent necessary to freeze and 

24 prohibit all transactions in all property and in25 terests in property of the foreign person if such 


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1 property and interests in property are in the 

2 United States, come within the United States, 

3 or are or come within the possession or control 

4 of a United States person. 

5 (B) ALIENS INELIGIBLE FOR VISAS, AD6 MISSION, OR PAROLE.— 

7 (i) EXCLUSION FROM THE UNITED

8 STATES.—If the foreign person is an indi9 vidual, the Secretary of State shall deny a 

10 visa to, and the Secretary of Homeland Se11 curity shall exclude from the United 

12 States, the foreign person. 

13 (ii) CURRENT VISAS REVOKED.— 

14 (I) IN GENERAL.—The issuing 

15 consular officer, the Secretary of 

16 State, or the Secretary of Homeland 

17 Security (or a designee of one of such 

18 Secretaries) shall revoke any visa or 

19 other entry documentation issued to 

20 the foreign person regardless of when 

21 issued. 

22 (II) EFFECT OF REVOCATION.— 

23 A revocation under subclause (I) shall 

24 take effect immediately and shall 

25 automatically cancel any other valid 


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1 visa or entry documentation that is in 

2 the possession of the foreign person. 

3 (2) EXCEPTION TO COMPLY WITH UNITED NA4 TIONS HEADQUARTERS AGREEMENT.—Sanctions 

5 under paragraph (1)(B) shall not apply to a foreign 

6 person if admitting the person into the United 

7 States is necessary to permit the United States to 

8 comply with the Agreement regarding the Head9 quarters of the United Nations, signed at Lake Suc10 cess June 26, 1947, and entered into force Novem11 ber 21, 1947, between the United Nations and the 

12 United States, or other applicable international obli13 gations. 

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

15 subsections (b) and (c) of section 206 of the Inter16 national Emergency Economic Powers Act (50 

17 U.S.C. 1705) shall apply to a person that knowingly 

18 violates, attempts to violate, conspires to violate, or 

19 causes a violation of any regulation, license, or order 

20 issued to carry out paragraph (1)(A) of this sub21 section to the same extent that such penalties apply 

22 to a person that knowingly commits an unlawful act 

23 described in section 206(a) of that Act. 

24 (d) DEFINITIONS.—In this section: 


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1 (1) FINANCIAL, MATERIAL, OR TECHNOLOGICAL

2 SUPPORT.—The term ‘‘financial, material, or techno3 logical support’’ has the meaning given such term in 

4 section 542.304 of title 31, Code of Federal Regula5 tions (or any corresponding similar regulation or rul6 ing). 

7 (2) GOVERNMENT OF SYRIA.—The term ‘‘Gov8 ernment of Syria’’ has the meaning given such term 

9 in section 542.305 of title 31, Code of Federal Reg10 ulations (or any corresponding similar regulation or 

11 ruling). 

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

13 respect to conduct, a circumstance, or a result, 

14 means that a person has actual knowledge, or should 

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

16 result. 

17 (4) MONEY LAUNDERING.—The term ‘‘money 

18 laundering’’ means the movement of illicit cash or 

19 cash equivalent proceeds into, out of, or through a 

20 country, or into, out of, or through a financial insti21 tution. 

22 (5) PETROLEUM OR PETROLEUM PRODUCTS OF

23 SYRIAN ORIGIN.—The term ‘‘petroleum or petroleum 

24 products of Syrian origin’’ has the meaning given 

25 such term in section 542.314 of title 31, Code of 


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1 Federal Regulations (or any corresponding similar 

2 regulation or ruling). 

3 (6) SIGNIFICANT TRANSACTION OR TRANS4 ACTIONS; SIGNIFICANT FINANCIAL SERVICES.—A 

5 transaction or transactions or financial services shall 

6 be determined to be significant for purposes of this 

7 section in accordance with section 566.404 of title 

8 31, Code of Federal Regulations (or any cor9 responding similar regulation or ruling). 

10 (7) SYRIA.—The term ‘‘Syria’’ has the meaning 

11 given such term in section 542.316 of title 31, Code 

12 of Federal Regulations (or any corresponding similar 

13 regulation or ruling). 

14 SEC. 202. SANCTIONS WITH RESPECT TO THE TRANSFER OF 

15 ARMS AND RELATED MATERIALS TO SYRIA. 

16 (a) IMPOSITION OF SANCTIONS.— 

17 (1) IN GENERAL.—The President shall impose 

18 on a foreign person the sanctions described in sub19 section (b) if the President determines that such for20 eign person has, on or after the date of the enact21 ment of this Act, knowingly exported, transferred, or 

22 otherwise provided to Syria significant financial, ma23 terial, or technological support that contributes ma24 terially to the ability of Government of Syria to— 


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1 (A) acquire or develop chemical, biological, 

2 or nuclear weapons or related technologies; 

3 (B) acquire or develop ballistic or cruise 

4 missile capabilities; 

5 (C) acquire or develop destabilizing num6 bers and types of advanced conventional weap7 ons; 

8 (D) acquire defense articles, defense serv9 ices, or defense information (as such terms are 

10 defined under the Arms Export Control Act (22 

11 U.S.C. 2751 et seq.)); or 

12 (E) acquire items designated by the Presi13 dent for purposes of the United States Muni14 tions List under section 38(a)(1) of the Arms 

15 Export Control Act (22 U.S.C. 2778(a)(1)). 

16 (2) APPLICABILITY TO OTHER FOREIGN PER17 SONS.—The sanctions described in subsection (b) 

18 shall also be imposed on any foreign person that— 

19 (A) is a successor entity to a foreign per20 son described in paragraph (1); or 

21 (B) is owned or controlled by, or has acted 

22 or purported to act for or on behalf of, directly 

23 or indirectly, a foreign person described in 

24 paragraph (1). 

25 (b) SANCTIONS DESCRIBED.— 


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1 (1) IN GENERAL.—The sanctions to be imposed 

2 on a foreign person described in subsection (a) are 

3 the following: 

4 (A) ASSET FREEZE.—The President shall 

5 exercise all powers granted by the International 

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

7 1701 et seq.) (except that the requirements of 

8 section 202 of such Act (50 U.S.C. 1701) shall 

9 not apply) to the extent necessary to freeze and 

10 prohibit all transactions in all property and in11 terests in property of the foreign person if such 

12 property and interests in property are in the 

13 United States, come within the United States, 

14 or are or come within the possession or control 

15 of a United States person. 

16 (B) ALIENS INELIGIBLE FOR VISAS, AD17 MISSION, OR PAROLE.— 

18 (i) EXCLUSION FROM THE UNITED

19 STATES.—If the foreign person is an indi20 vidual, the Secretary of State shall deny a 

21 visa to, and the Secretary of Homeland Se22 curity shall exclude from the United 

23 States, the foreign person. 

24 (ii) CURRENT VISAS REVOKED.— 


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1 (I) IN GENERAL.—The issuing 

2 consular officer, the Secretary of 

3 State, or the Secretary of Homeland 

4 Security (or a designee of one of such 

5 Secretaries) shall revoke any visa or 

6 other entry documentation issued to 

7 the foreign person regardless of when 

8 issued. 

9 (II) EFFECT OF REVOCATION.— 

10 A revocation under subclause (I) shall 

11 take effect immediately and shall 

12 automatically cancel any other valid 

13 visa or entry documentation that is in 

14 the possession of the foreign person. 

15 (2) EXCEPTION TO COMPLY WITH UNITED NA16 TIONS HEADQUARTERS AGREEMENT.—Sanctions 

17 under paragraph (1)(B) shall not apply to a foreign 

18 person if admitting the person into the United 

19 States is necessary to permit the United States to 

20 comply with the Agreement regarding the Head21 quarters of the United Nations, signed at Lake Suc22 cess June 26, 1947, and entered into force Novem23 ber 21, 1947, between the United Nations and the 

24 United States, or other applicable international obli25 gations. 


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1 (3) PENALTIES.—A person that violates, at2 tempts to violate, conspires to violate, or causes a 

3 violation of any regulation, license, or order issued 

4 to carry out paragraph (1)(A) shall be subject to the 

5 penalties set forth in subsections (b) and (c) of sec6 tion 206 of the International Emergency Economic 

7 Powers Act (50 U.S.C. 1705) to the same extent as 

8 a person that commits an unlawful act described in 

9 subsection (a) of that section. 

10 (c) DEFINITIONS.—In this section: 

11 (1) FINANCIAL, MATERIAL, OR TECHNOLOGICAL

12 SUPPORT.—The term ‘‘financial, material, or techno13 logical support’’ has the meaning given such term in 

14 section 542.304 of title 31, Code of Federal Regula15 tions (or any corresponding similar regulation or rul16 ing). 

17 (2) FOREIGN PERSON.—The term ‘‘foreign per18 son’’ has the meaning given such term in section 

19 594.304 of title 31, Code of Federal Regulations (or 

20 any corresponding similar regulation or ruling). 

21 (3) KNOWINGLY.—The term ‘‘knowingly’’ has 

22 the meaning given such term in section 566.312 of 

23 title 31, Code of Federal Regulations (or any cor24 responding similar regulation or ruling). 


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1 (4) SYRIA.—The term ‘‘Syria’’ has the meaning 

2 given such term in section 542.316 of title 31, Code 

3 of Federal Regulations (or any corresponding similar 

4 regulation or ruling). 

5 (5) UNITED STATES PERSON.—The term 

6 ‘‘United States person’’ has the meaning given such 

7 term in section 542.319 of title 31, Code of Federal 

8 Regulations (or any corresponding similar regulation 

9 or ruling). 

10 SEC. 203. IMPOSITION, AND CONDITIONAL TERMINATION, 

11 OF SANCTIONS RELATING TO SIGNIFICANT 

12 ARMS SALES TO SYRIA. 

13 (a) IMPOSITION OF SANCTIONS WITH RESPECT TO

14 THE CENTRAL BANK OF SYRIA AND OTHER SYRIAN FI15 NANCIAL INSTITUTIONS.— 

16 (1) IN GENERAL.—The President shall prohibit 

17 the opening, and prohibit or impose strict conditions 

18 on the maintaining, in the United States of a cor19 respondent account or a payable-through account by 

20 a foreign financial institution that the President de21 termines has knowingly conducted any significant 

22 arms sale to— 

23 (A) the regime of Bashar al-Assad through 

24 the Central Bank of Syria or another Syrian fi25 nancial institution designated by the Secretary 


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1 of the Treasury for the imposition of sanctions 

2 pursuant to the International Emergency Eco3 nomic Powers Act (50 U.S.C. 1701 et seq.); or 

4 (B) any Syrian person added after April 

5 28, 2011, and before the date of the enactment 

6 of this Act, to the list of specially designated 

7 nationals and blocked persons maintained by 

8 the Office of Foreign Assets Control of the De9 partment of the Treasury. 

10 (2) EXCEPTION FOR HUMANITARIAN TRANS11 ACTIONS.—The President may not impose sanctions 

12 under paragraph (1) on a foreign financial institu13 tion for engaging in a transaction with the Central 

14 Bank of Syria for the sale of food, medicine, medical 

15 devices, donations intended to relieve human suf16 fering, or non-lethal aid to the people of Syria. 

17 (3) APPLICABILITY.—Paragraph (1) applies 

18 with respect to financial transactions commenced on 

19 or after the date of the enactment of this Act. 

20 (4) WAIVER.— 

21 (A) IN GENERAL.—The President may 

22 waive the application of paragraph (1) with re23 spect to a foreign financial institution for a pe24 riod of not more than 180 days, and may renew 

25 that waiver for additional periods of not more 


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1 than 180 days, if the President determines and 

2 reports to the appropriate congressional com3 mittees that the waiver is necessary to the na4 tional security interest of the United States. 

5 (B) FORM.—A report submitted pursuant 

6 to subparagraph (A) shall be submitted in un7 classified form, but may contain a classified 

8 annex. 

9 (b) TERMINATION OF SANCTIONS.— 

10 (1) IN GENERAL.—The requirements under 

11 subsection (a) to impose sanctions shall no longer 

12 have force or effect with respect to Syria if the 

13 President determines and certifies to the appropriate 

14 congressional committees that the termination of 

15 such sanctions is in the national security interest of 

16 the United States. 

17 (2) NOTIFICATION REQUIREMENT.—Upon mak18 ing the certification described in paragraph (1), the 

19 President shall submit to the appropriate congres20 sional committees a report assessing— 

21 (A) the extent to which Bashar al-Assad or 

22 members of his regime control Syrian territory; 

23 (B) the existence and capability of a demo24 cratic transitional government to control Syrian 


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1 territory and provide basic services to the Syr2 ian people; 

3 (C) whether the transitional government 

4 supports acts of terrorism or has committed 

5 human rights violations; and 

6 (D) whether the transitional government is 

7 cooperating with the United States Government 

8 in locating, securing, and removing conventional 

9 and unconventional weapons. 

10 (c) DEFINITIONS.—In this section: 

11 (1) ACCOUNT; CORRESPONDENT ACCOUNT; PAY12 ABLE-THROUGH ACCOUNT.—The terms ‘‘account’’, 

13 ‘‘correspondent account’’, and ‘‘payable-through ac14 count’’ have the meanings given those terms in sec15 tion 5318A of title 31, United States Code. 

16 (2) APPROPRIATE CONGRESSIONAL COMMIT17 TEES.—The term ‘‘appropriate congressional com18 mittees’’ means— 

19 (A) the Committee on Finance, the Com20 mittee on Banking, Housing, and Urban Af21 fairs, and the Committee on Foreign Relations 

22 of the Senate; and 

23 (B) the Committee on Ways and Means, 

24 the Committee on Financial Services, and the 


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1 Committee on Foreign Affairs of the House of 

2 Representatives. 

3 (3) FOREIGN FINANCIAL INSTITUTION.—The 

4 term ‘‘foreign financial institution’’ has the meaning 

5 of that term as determined by the Secretary of the 

6 Treasury pursuant to section 104(i) of the Com7 prehensive Iran Sanctions, Accountability, and Di8 vestment Act of 2010 (22 U.S.C. 8513(i)). 

9 (4) SYRIAN PERSON.—The term ‘‘Syrian per10 son’’ means— 

11 (A) an individual who is a citizen or na12 tional of Syria; or 

13 (B) an entity organized under the laws of 

14 Syria or otherwise subject to the jurisdiction of 

15 the Government of Syria. 

16 SEC. 204. RULE OF CONSTRUCTION. 

17 The sanctions that are required to be imposed under 

18 this title are in addition to other similar or related sanc19 tions that are required to be imposed under any other pro20 vision of law. 


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1 TITLE III—AMENDMENTS TO 

2 SYRIA HUMAN RIGHTS AC3 COUNTABILITY ACT OF 2012 

4 SEC. 301. IMPOSITION OF SANCTIONS WITH RESPECT TO 

5 CERTAIN PERSONS WHO ARE RESPONSIBLE 

6 FOR OR COMPLICIT IN HUMAN RIGHTS 

7 ABUSES COMMITTED AGAINST CITIZENS OF 

8 SYRIA OR THEIR FAMILY MEMBERS. 

9 (a) IN GENERAL.—Section 702(c) of the Syria 

10 Human Rights Accountability Act of 2012 (22 U.S.C. 

11 8791(c)) is amended to read as follows: 

12 ‘‘(c) SANCTIONS DESCRIBED.— 

13 ‘‘(1) IN GENERAL.—The President shall exer14 cise all powers granted by the International Emer15 gency Economic Powers Act (50 U.S.C. 1701 et 

16 seq.) (except that the requirements of section 202 of 

17 such Act (50 U.S.C. 1701) shall not apply) to the 

18 extent necessary to freeze and prohibit all trans19 actions in all property and interests in property of 

20 a person on the list required by subsection (b) if 

21 such property and interests in property are in the 

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

23 or come within the possession or control of a United 

24 States person. 


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1 ‘‘(2) ALIENS INELIGIBLE FOR VISAS, ADMIS2 SION, OR PAROLE.— 

3 ‘‘(A) EXCLUSION FROM THE UNITED

4 STATES.—The Secretary of State shall deny a 

5 visa to, and the Secretary of Homeland Secu6 rity shall exclude from the United States, any 

7 person on the list required by subsection (b) 

8 that is an alien. 

9 ‘‘(B) CURRENT VISAS REVOKED.— 

10 ‘‘(i) IN GENERAL.—The issuing con11 sular officer, the Secretary of State, or the 

12 Secretary of Homeland Security (or a des13 ignee of one of such Secretaries) shall re14 voke any visa or other entry documentation 

15 issued to an alien on the list required by 

16 subsection (b). 

17 ‘‘(ii) EFFECT OF REVOCATION.—A 

18 revocation under subclause (I) shall take 

19 effect immediately and shall automatically 

20 cancel any other valid visa or entry docu21 mentation that is in the possession of an 

22 alien on the list required by subsection (b). 

23 ‘‘(3) PENALTIES.—A person that violates, at24 tempts to violate, conspires to violate, or causes a 

25 violation of this section or any regulation, license, or 


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1 order issued to carry out this section shall be subject 

2 to the penalties set forth in subsections (b) and (c) 

3 of section 206 of the International Emergency Eco4 nomic Powers Act (50 U.S.C. 1705) to the same ex5 tent as a person that commits an unlawful act de6 scribed in subsection (a) of that section. 

7 ‘‘(4) REGULATORY AUTHORITY.—The President 

8 shall, not later than 90 days after the date of the 

9 enactment of this section, promulgate regulations as 

10 necessary for the implementation of this section. 

11 ‘‘(5) EXCEPTION TO COMPLY WITH UNITED NA12 TIONS HEADQUARTERS AGREEMENT.—Sanctions 

13 under paragraph (2) shall not apply to an alien if 

14 admitting the alien into the United States is nec15 essary to permit the United States to comply with 

16 the Agreement regarding the Headquarters of the 

17 United Nations, signed at Lake Success June 26, 

18 1947, and entered into force November 21, 1947, 

19 between the United Nations and the United States, 

20 or other applicable international obligations. 

21 ‘‘(6) RULE OF CONSTRUCTION.—Nothing in 

22 this section shall be construed to limit the authority 

23 of the President to impose additional sanctions pur24 suant to the International Emergency Economic 

25 Powers Act (50 U.S.C. 1701 et seq.), relevant ExecVerDate Sep 11 2014 03:28 Dec 13, 2016 Jkt 069200 PO 00000 Frm 00041 Fmt 6652 Sfmt 6201 E:\BILLS\S3536.IS S3536

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1 utive orders, regulations, or other provisions of 

2 law.’’. 

3 (b) SERIOUS HUMAN RIGHTS ABUSES DESCRIBED.— 

4 Section 702 of the Syria Human Rights Accountability 

5 Act of 2012 (22 U.S.C. 8791) is amended by adding at 

6 the end the following: 

7 ‘‘(d) SERIOUS HUMAN RIGHTS ABUSES DE8 SCRIBED.—In subsection (b), the term ‘serious human 

9 rights abuses’ includes the deliberate targeting of civilian 

10 infrastructure to include schools, hospitals, and markets.’’. 

11 (c) EFFECTIVE DATE.—The amendments made by 

12 subsections (a) and (b) shall take effect on the date of 

13 the enactment of this Act and shall apply with respect to 

14 the imposition of sanctions under section 702(a) of the 

15 Syria Human Rights Accountability Act of 2012 on or 

16 after such date of enactment. 

17 SEC. 302. IMPOSITION OF SANCTIONS WITH RESPECT TO 

18 THE TRANSFER OF GOODS OR TECH19 NOLOGIES TO SYRIA THAT ARE LIKELY TO BE 

20 USED TO COMMIT HUMAN RIGHTS ABUSES. 

21 Section 703(b)(2)(C) of the Syria Human Rights Ac22 countability Act of 2012 (22 U.S.C. 8792(b)(2)(C)) is 

23 amended— 

24 (1) in clause (i), by striking ‘‘or’’ at the end; 


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1 (2) in clause (ii), by striking the period at the 

2 end and inserting a semicolon; and 

3 (3) by adding at the end the following: 

4 ‘‘(iii) any article designated by the 

5 President for purposes of the United 

6 States Munitions List under section 

7 38(a)(1) of the Arms Export Control Act 

8 (22 U.S.C. 2778(a)(1)); or 

9 ‘‘(iv) other goods or technologies that 

10 the President determines may be used by 

11 the Government of Syria to commit human 

12 rights abuses against the people of Syria.’’. 

13 TITLE IV—REPORTS AND WAIV14 ER FOR HUMANITARIAN-RE15 LATED ACTIVITIES WITH RE16 SPECT TO SYRIA 

17 SEC. 401. REPORT ON MONITORING AND EVALUATING OF 

18 ONGOING ASSISTANCE PROGRAMS IN SYRIA 

19 AND TO THE SYRIAN PEOPLE. 

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

21 date of the enactment of this Act, the Secretary of State 

22 and the Administrator of the United States Agency for 

23 International Development shall submit to the appropriate 

24 congressional committees a report on the monitoring and 


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1 evaluation of ongoing assistance programs in Syria and 

2 to the Syrian people. 

3 (b) MATTERS TO BE INCLUDED.—The report re4 quired by subsection (a) shall include— 

5 (1) the specific project monitoring and evalua6 tion plans, including measurable goals and perform7 ance metrics for cross-border assistance in Syria; 

8 and 

9 (2) the major challenges to monitoring and 

10 evaluating programs in Syria. 

11 SEC. 402. REPORT ON CERTAIN PERSONS WHO ARE RE12 SPONSIBLE FOR OR COMPLICIT IN CERTAIN 

13 HUMAN RIGHTS VIOLATIONS IN SYRIA. 

14 (a) IN GENERAL.—Not later than 120 days after the 

15 date of the enactment of this Act, the President shall sub16 mit to the appropriate congressional committees a detailed 

17 report with respect to whether each person described in 

18 subsection (b) is a person that meets the requirements de19 scribed in section 702(b) of the Syria Human Rights Ac20 countability Act of 2012 (22 U.S.C. 8791(b)) for purposes 

21 of inclusion on the list of persons who are responsible for 

22 or complicit in certain human rights abuses under such 

23 section. For any such person who is not included in such 

24 report, the President should include in the report a de25 scription of the reasons why the person was not included, 


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1 including information on whether sufficient credible evi2 dence of responsibility for such abuses was found. 

3 (b) PERSONS DESCRIBED.—The persons described in 

4 this subsection are the following: 

5 (1) Bashar Al-Assad. 

6 (2) Asma Al-Assad. 

7 (3) Rami Makhlouf. 

8 (4) Bouthayna Shaaban. 

9 (5) Walid Moallem. 

10 (6) Ali Al-Salim. 

11 (7) Wael Nader Al-Halqi. 

12 (8) Jamil Hassan. 

13 (9) Suhail Hassan. 

14 (10) Ali Mamluk. 

15 (11) Muhammed Khadour, Deir Ez Zor Mili16 tary and Security. 

17 (12) Jamal Razzouq, Security Branch 243. 

18 (13) Munzer Ghanam, Air Force Intelligence. 

19 (14) Daas Hasan Ali, Branch 327. 

20 (15) Jassem Ali Jassem Hamad, Political Secu21 rity. 

22 (16) Samir Muhammad Youssef, Military Intel23 ligence. 

24 (17) Ali Ahmad Dayoub, Air Force Intelligence. 


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1 (18) Khaled Muhsen Al-Halabi, Security 

2 Branch 335. 

3 (19) Mahmoud Kahila, Political Security. 

4 (20) Zuhair Ahmad Hamad, Provincial Secu5 rity. 

6 (21) Wafiq Nasser, Security Branch 245. 

7 (22) Qussay Mayoub, Air Force Intelligence. 

8 (23) Muhammad Ammar Sardini, Political Se9 curity. 

10 (24) Fouad Hammouda, Military Security. 

11 (25) Hasan Daaboul, Branch 261. 

12 (26) Yahia Wahbi, Air Force Intelligence. 

13 (27) Okab Saqer, Security Branch 318. 

14 (28) Husam Luqa, Political Security. 

15 (29) Sami Al-Hasan, Security Branch 219. 

16 (30) Yassir Deeb, Political Security. 

17 (31) Ibrahim Darwish, Security Branch 220. 

18 (32) Nasser Deeb, Political Security. 

19 (33) Abdullatif Al-Fahed, Security Branch 290. 

20 (34) Adeeb Namer Salamah, Air Force Intel21 ligence. 

22 (35) Akram Muhammed, State Security. 

23 (36) Reyad Abbas, Political Security. 

24 (37) Ali Abdullah Ayoub, Syrian Armed Forces. 

25 (38) Fahd Jassem Al-Freij, Defense Ministry. 


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1 (39) Issam Halaq, Air Force. 

2 (40) Ghassan Al-Abdullah, General Intelligence 

3 Directorate. 

4 (41) Maher Al-Assad, Republican Guard. 

5 (42) Fahad Al-Farouch. 

6 (43) Rafiq Shahada, Military Intelligence. 

7 (44) Loay Al-Ali, Military Intelligence. 

8 (45) Nawfal Al-Husayn, Military Intelligence. 

9 (46) Muhammad Zamrini, Military Intelligence. 

10 (47) Muhammad Mahallah, Military Intel11 ligence. 

12 (c) FORM OF REPORT; PUBLIC AVAILABILITY.— 

13 (1) FORM.—The list required by subsection (a) 

14 shall be submitted in unclassified form, but may in15 clude a classified annex if necessary. 

16 (2) PUBLIC AVAILABILITY.—The unclassified 

17 portion of the list required by paragraph (1) shall be 

18 made available to the public and posted on the 

19 websites of the Department of the Treasury and the 

20 Department of State. 


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1 SEC. 403. ASSESSMENT OF POTENTIAL EFFECTIVENESS OF 

2 AND REQUIREMENTS FOR THE ESTABLISH3 MENT OF A NO-FLY ZONE, SAFE ZONES, OR A 

4 NO-BOMBING ZONE IN SYRIA. 

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

6 date of the enactment of this Act, the President shall sub7 mit to the appropriate congressional committees a report 

8 that— 

9 (1) assesses the potential effectiveness, risks, 

10 and operational requirements of the establishment 

11 and maintenance of a no-fly zone over part or all of 

12 Syria, including— 

13 (A) the operational and legal requirements 

14 for United States and coalition air power to es15 tablish a no-fly zone over all or part of Syria; 

16 (B) the impact a no-fly zone over all or 

17 part of Syria would have on humanitarian and 

18 counterterrorism efforts in Syria and the sur19 rounding region; and 

20 (C) the potential for force contributions 

21 from other countries to establish a no-fly zone 

22 over all or part of Syria; 

23 (2) assesses the potential effectiveness, risks, 

24 and operational requirements for the establishment 

25 of one or more safe zones in Syria for internally disVerDate Sep 11 2014 03:28 Dec 13, 2016 Jkt 069200 PO 00000 Frm 00048 Fmt 6652 Sfmt 6201 E:\BILLS\S3536.IS S3536

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1 placed persons or for the facilitation of humani2 tarian assistance, including— 

3 (A) the operational and legal requirements 

4 for United States and coalition forces to estab5 lish one or more safe zones in Syria; 

6 (B) the impact one or more safe zones in 

7 Syria would have on humanitarian and counter8 terrorism efforts in Syria and the surrounding 

9 region; and 

10 (C) the potential for contributions from 

11 other countries and vetted non-state actor part12 ners to establish and maintain one or more safe 

13 zones in Syria; and 

14 (3) assesses the potential effectiveness, risks, 

15 and operational requirements of the establishment 

16 and maintenance of a no-bombing zone over all or 

17 part of Syria, including— 

18 (A) the operational and legal requirements 

19 for United States and coalition air power to es20 tablish a no-bombing zone over all or part of 

21 Syria; 

22 (B) the impact a no-bombing zone over all 

23 or part of Syria would have on humanitarian 

24 and counterterrorism efforts in Syria and the 

25 surrounding region; and 


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1 (C) the potential for force contributions 

2 from other countries to establish a no-bombing 

3 zone over all or part of Syria. 

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

5 shall be submitted in unclassified form, but may contain 

6 a classified annex if necessary. 

7 SEC. 404. ASSISTANCE TO SUPPORT ENTITIES TAKING AC8 TIONS RELATING TO GATHERING EVIDENCE 

9 FOR INVESTIGATIONS INTO WAR CRIMES OR 

10 CRIMES AGAINST HUMANITY IN SYRIA SINCE 

11 MARCH 2011. 

12 (a) IN GENERAL.—The Secretary of State, acting 

13 through the Assistant Secretary for Democracy, Human 

14 Rights and Labor and the Assistant Secretary for Inter15 national Narcotics and Law Enforcement Affairs, is au16 thorized to provide assistance to support entities that are 

17 conducting criminal investigations, building Syrian inves18 tigative capacity, supporting prosecutions in national 

19 courts, collecting evidence and preserving the chain of evi20 dence for eventual prosecution against those who have 

21 committed war crimes or crimes against humanity in Syria 

22 since March 2011. 

23 (b) REPORT.—Not later than one year after the date 

24 of the enactment of this Act, the Secretary of State shall 


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1 submit to the appropriate congressional committees a de2 tailed report on assistance provided under subsection (a). 

3 SEC. 405. APPROPRIATE CONGRESSIONAL COMMITTEES 

4 DEFINED. 

5 In this title, the term ‘‘appropriate congressional 

6 committees’’ means— 

7 (1) the Select Committee on Intelligence, the 

8 Committee on Banking, Housing, and Urban Af9 fairs, and the Committee on Foreign Relations of 

10 the Senate; and 

11 (2) the Permanent Select Committee on Intel12 ligence, the Committee on Financial Services, and 

13 the Committee on Foreign Affairs of the House of 

14 Representatives. 

15 TITLE V—SUSPENSION OF SANC16 TIONS WITH RESPECT TO 

17 SYRIA 

18 SEC. 501. SUSPENSION OF SANCTIONS WITH RESPECT TO 

19 SYRIA. 

20 (a) SUSPENSION OF SANCTIONS.— 

21 (1) NEGOTIATIONS NOT CONCLUDING IN

22 AGREEMENT.—If the President determines that 

23 internationally recognized negotiations to resolve the 

24 violence in Syria have not concluded in an agree25 ment or are likely not to conclude in an agreement, 


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1 the President may suspend, as appropriate, in whole 

2 or in part, the imposition of sanctions otherwise re3 quired under this Act or any amendment made by 

4 this Act for a period not to exceed 120 days, and re5 newable for additional periods not to exceed 120 

6 days, if the President submits to the appropriate 

7 congressional committees in writing a determination 

8 and certification that the Government of Syria has 

9 ended military attacks against and gross violations 

10 of the human rights of the people of Syria, specifi11 cally— 

12 (A) the air space over Syria is no longer 

13 being utilized by the Government of Syria and 

14 associated forces to target civilian populations 

15 through the use of incendiary devices, including 

16 barrel bombs, chemical weapons, and conven17 tional arms, including air-delivered missiles and 

18 explosives; 

19 (B) areas besieged by the regime of 

20 Bashar al-Assad and associated forces, includ21 ing Hezbollah and irregular Iranian forces, are 

22 no longer cut off from international aid and 

23 have regular access to humanitarian assistance, 

24 freedom of travel, and medical care; 


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1 (C) the Government of Syria is releasing 

2 all political prisoners forcibly held within the 

3 prison system of the regime of Bashar al-Assad, 

4 including the facilities maintained by various 

5 security, intelligence, and military elements as6 sociated with the Government of Syria and al7 lowed full access to the same facilities for inves8 tigations by appropriate international human 

9 rights organizations; and 

10 (D) the forces of the Government of Syria 

11 and associated forces, including Hezbollah, ir12 regular Iranian forces, and air assets of the 

13 Government of the Russian Federation, are no 

14 longer engaged in deliberate targeting of med15 ical facilities, schools, residential areas, and 

16 community gathering places, including markets, 

17 in flagrant violation of international norms. 

18 (2) NEGOTIATIONS CONCLUDING IN AGREE19 MENT.— 

20 (A) INITIAL SUSPENSION OF SANCTIONS.— 

21 If the President determines that internationally 

22 recognized negotiations to resolve the violence 

23 in Syria have concluded in an agreement or are 

24 likely to conclude in an agreement, the Presi25 dent may suspend, as appropriate, in whole or 


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1 in part, the imposition of sanctions otherwise 

2 required under this Act or any amendment 

3 made by this Act for a period not to exceed 120 

4 days if the President submits to the appropriate 

5 congressional committees in writing a deter6 mination and certification that— 

7 (i) in the case in which the negotia8 tions are likely to conclude in an agree9 ment— 

10 (I) the Government of Syria, the 

11 Syrian High Negotiations Committee 

12 or its successor, and appropriate 

13 international parties are participating 

14 in direct, face-to-face negotiations; 

15 and 

16 (II) the suspension of sanctions 

17 under this Act or any amendment 

18 made by this Act is essential to the 

19 advancement of such negotiations; and 

20 (ii) the Government of Syria has dem21 onstrated a commitment to a significant 

22 and substantial reduction in attacks on 

23 and violence against the people of Syria by 

24 the Government of Syria and associated 

25 forces. 


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1 (B) RENEWAL OF SUSPENSION OF SANC2 TIONS.—The President may renew a suspension 

3 of sanctions under subparagraph (A) for addi4 tional periods not to exceed 120 days if, for 

5 each such additional period, the President sub6 mits to the appropriate congressional commit7 tees in writing a determination and certification 

8 that— 

9 (i) the conditions described in clauses 

10 (i) and (ii) of subparagraph (A) are con11 tinuing to be met; 

12 (ii) the renewal of the suspension of 

13 sanctions is essential to implementing an 

14 agreement described in subparagraph (A) 

15 or making progress toward concluding an 

16 agreement described in subparagraph (A); 

17 (iii) the Government of Syria and as18 sociated forces have ceased attacks against 

19 Syrian civilians; and 

20 (iv) the Government of Syria has pub21 lically committed to negotiations for a 

22 transitional government in Syria and con23 tinues to demonstrate that commitment 

24 through sustained engagement in talks and 


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1 substantive and verifiable progress towards 

2 the implementation of such an agreement. 

3 (3) BRIEFING AND REIMPOSITION OF SANC4 TIONS.— 

5 (A) BRIEFING.—Not later than 30 days 

6 after the President submits to the appropriate 

7 congressional committees a determination and 

8 certification in the case of a renewal of suspen9 sion of sanctions under paragraph (2)(B), and 

10 every 30 days thereafter, the President shall 

11 provide a briefing to the appropriate congres12 sional committees on the status and frequency 

13 of negotiations described in paragraph (2). 

14 (B) REIMPOSITION OF SANCTIONS.—If the 

15 President provides a briefing to the appropriate 

16 congressional committees under subparagraph 

17 (A) with respect to which the President indi18 cates a lapse in negotiations described in para19 graph (2) for a period that equals or exceeds 90 

20 days, the sanctions that were suspended under 

21 paragraph (2)(B) shall be reimposed and any 

22 further suspension of such sanctions is prohib23 ited. 

24 (b) SENSE OF CONGRESS TO BE CONSIDERED FOR

25 DETERMINING A TRANSITIONAL GOVERNMENT IN


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1 SYRIA.—It is the sense of Congress that a transitional 

2 government in Syria is a government that— 

3 (1) is taking verifiable steps to release all polit4 ical prisoners and provided full access to Syrian 

5 prisons for investigations by appropriate inter6 national human rights organizations; 

7 (2) is taking verifiable steps to remove former 

8 senior Syrian government officials who are complicit 

9 in the conception, implementation, or coverup of war 

10 crimes, crimes against humanity, or human rights 

11 abuses from government positions and any person 

12 subject to sanctions under any provision of law; 

13 (3) is in the process of organizing free and fair 

14 elections for a new government— 

15 (A) to be held in a timely manner and 

16 scheduled while the suspension of sanctions or 

17 the renewal of the suspension of sanctions 

18 under this section is in effect; and 

19 (B) to be conducted under the supervision 

20 of internationally recognized observers; 

21 (4) is making tangible progress toward estab22 lishing an independent judiciary; 

23 (5) is demonstrating respect for and compliance 

24 with internationally recognized human rights and 


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1 basic freedoms as specified in the Universal Declara2 tion of Human Rights; 

3 (6) is— 

4 (A) taking steps to verifiably fulfill its 

5 commitments under the Convention on the Pro6 hibition of the Development, Production, Stock7 piling, and Use of Chemical Weapons and on 

8 their Destruction, done at Paris January 13, 

9 1993, and entered into force April 29, 1997 

10 (commonly known as the ‘‘Chemical Weapons 

11 Convention’’) and the Treaty on the Non-Pro12 liferation of Nuclear Weapons, done at Wash13 ington, London, and Moscow July 1, 1968 (21 

14 UST 483) (commonly referred to as the ‘‘Nu15 clear Nonproliferation Treaty’’); 

16 (B) making tangible progress toward be17 coming a signatory to the Convention on the 

18 Prohibition of the Development, Production and 

19 Stockpiling of Bacteriological (Biological) and 

20 Toxin Weapons and on their Destruction, done 

21 at Washington, London, and Moscow April 10, 

22 1972 and entered into force March 26, 1975 

23 (commonly known as the ‘‘Biological Weapons 

24 Convention’’); and 


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1 (C) adhering to the Missile Technology 

2 Control Regime and other control lists, as nec3 essary; 

4 (7) has halted the development and deployment 

5 of ballistic and cruise missiles; and 

6 (8) is taking verifiable steps to remove from po7 sitions of authority within the intelligence and secu8 rity services as well as the military those who were 

9 in a position of authority or responsibility during the 

10 conflict and who under the authority of their posi11 tion were implicated in or implicit in the torture, 

12 extrajudicial killing, or execution of civilians, to in13 clude those who were involved in decisionmaking or 

14 execution of plans to use chemical weapons. 

15 SEC. 502. WAIVERS AND EXEMPTIONS. 

16 (a) EXEMPTIONS.—The following activities and 

17 transactions shall be exempt from sanctions authorized 

18 under this Act and amendments made by this Act: 

19 (1) Any activity subject to the reporting re20 quirements under title V of the National Security 

21 Act of 1947 (50 U.S.C. 3091 et seq.), or to any au22 thorized intelligence activities of the United States. 

23 (2) Any transaction necessary to comply with 

24 United States obligations under— 


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1 (A) the Agreement between the United Na2 tions and the United States of America regard3 ing the Headquarters of the United Nations, 

4 signed at Lake Success June 26, 1947, and en5 tered into force November 21, 1947; or 

6 (B) the Convention on Consular Relations, 

7 done at Vienna April 24, 1963, and entered 

8 into force March 19, 1967. 

9 (b) HUMANITARIAN AND DEMOCRACY ASSISTANCE

10 WAIVER.— 

11 (1) STATEMENT OF POLICY.—It shall be the 

12 policy of the United States to fully utilize the waiver 

13 authority under this subsection to ensure that ade14 quate humanitarian relief or support for democracy 

15 promotion is provided to the people of Syria. 

16 (2) WAIVER.—The President may waive, on a 

17 case-by-case basis, for a period not to exceed 120 

18 days, and renewable for additional periods not to ex19 ceed 120 days, the application of sanctions author20 ized under this Act or amendments made by this Act 

21 if the President submits to the appropriate congres22 sional committees a written determination that the 

23 waiver is necessary for purposes of providing hu24 manitarian assistance or support for democracy pro25 motion to the people of Syria. 


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1 (3) CONTENT OF WRITTEN DETERMINATION.— 

2 A written determination submitted under paragraph 

3 (1) with respect to a waiver shall include a descrip4 tion of all notification and accountability controls 

5 that have been employed in order to ensure that the 

6 activities covered by the waiver are humanitarian as7 sistance or support for democracy promotion and do 

8 not entail any activities in Syria or dealings with the 

9 Government of Syria not reasonably related to hu10 manitarian assistance or support for democracy pro11 motion. 

12 (4) CLARIFICATION OF PERMITTED ACTIVITIES

13 UNDER WAIVER.—The President may not impose 

14 sanctions authorized under this Act or amendments 

15 made by this Act against an internationally recog16 nized humanitarian organization for— 

17 (A) engaging in a financial transaction re18 lating to humanitarian assistance or for human19 itarian purposes pursuant to a waiver issued 

20 under paragraph (1); 

21 (B) transporting goods or services that are 

22 necessary to carry out operations relating to 

23 humanitarian assistance or humanitarian pur24 poses pursuant to such a waiver; or 


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1 (C) having incidental contact, in the course 

2 of providing humanitarian assistance or aid for 

3 humanitarian purposes pursuant to such a 

4 waiver, with individuals who are under the con5 trol of a foreign person subject to sanctions 

6 under this Act or any amendment made by this 

7 Act. 

8 (c) NATIONAL SECURITY WAIVER.— 

9 (1) IN GENERAL.—The President may, on a 

10 case-by-case basis and for periods not to exceed 120 

11 days, waive the application of sanctions under this 

12 Act or amendments made by this Act with respect 

13 to a foreign person if the President certifies to the 

14 appropriate congressional committees that such 

15 waiver is vital to the national security interests of 

16 the United States. 

17 (2) CONSULTATION.— 

18 (A) BEFORE WAIVER ISSUED.—Not later 

19 than 5 days before the issuance of a waiver 

20 under paragraph (1) is to take effect, the Presi21 dent shall notify and brief the appropriate con22 gressional committees on the status of the for23 eign person’s involvement in activities described 

24 in this Act or amendments made by this Act. 


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1 (B) AFTER WAIVER ISSUED.—Not later 

2 than 90 days after the issuance of a waiver 

3 under paragraph (1), and every 120 days there4 after if the waiver remains in effect, the Presi5 dent shall brief the appropriate congressional 

6 committees on the status of the foreign person’s 

7 involvement in activities described in this Act or 

8 amendments made by this Act. 

9 SEC. 503. APPROPRIATE CONGRESSIONAL COMMITTEES 

10 DEFINED. 

11 In this title, the term ‘‘appropriate congressional 

12 committees’’ means— 

13 (1) the Select Committee on Intelligence, the 

14 Committee on Banking, Housing, and Urban Af15 fairs, and the Committee on Foreign Relations of 

16 the Senate; and 

17 (2) the Permanent Select Committee on Intel18 ligence, the Committee on Financial Services, and 

19 the Committee on Foreign Affairs of the House of 

20 Representatives. 

21 TITLE VI—REGULATORY 

22 AUTHORITY AND SUNSET 

23 SEC. 601. REGULATORY AUTHORITY. 

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

25 than 90 days after the date of the enactment of this Act, 


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1 promulgate regulations as necessary for the implementa2 tion of this Act and the amendments made by this Act. 

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

4 days before the promulgation of regulations under sub5 section (a), the President shall notify and provide to the 

6 appropriate congressional committees the proposed regula7 tions and the provisions of this Act and the amendments 

8 made by this Act that the regulations are implementing. 

9 (c) DEFINITION.—In this section, the term ‘‘appro10 priate congressional committees’’ means— 

11 (1) the Committee on Foreign Affairs and the 

12 Committee on Financial Services of the House of 

13 Representatives; and 

14 (2) the Committee on Foreign Relations and 

15 the Committee on Banking, Housing, and Urban Af16 fairs of the Senate. 

17 SEC. 602. SUNSET. 

18 This Act shall cease to be effective beginning on De19 cember 31, 2021. 

Æ 


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