Closing IRGC Sanctions Loopholes Act

To provide for additional sanctions with respect to foreign persons that are officials, agents, or affiliates of, or owned or controlled by, Iran’s Revolutionary Guard Corps. 1. Short title This Act may be cited as the Closing IRGC Sanctions Loopholes Act 2. Additional sanctions with respect to foreign persons that are officials, agents, or affiliates of, or owned or controlled by, Iran’s Revolutionary Guard Corps (a) In general Section 301(a) of the Iran Threat Reduction and Syria Human Rights Act of 2012 ( 22 U.S.C. 8741(a) (1) in the matter preceding paragraph (1), by striking Not later than 90 days after the date of the enactment of this Act, and as appropriate thereafter, Not later than 180 days after the date of the enactment of the National Defense Authorization Act for Fiscal Year 2023, and every 180 days thereafter, (2) in paragraph (1)— (A) by inserting , or owned or controlled by, affiliates of (B) by striking and (3) in paragraph (2), by striking the period at the end and inserting ; and (4) by adding at the end the following: (3) identify foreign persons with respect to which there is a reasonable basis to determine that the foreign persons have, directly or indirectly, attempted to conduct one or more sensitive transactions or activities described in subsection (c) for or on behalf of a foreign person described in paragraph (1). . (b) Priority for investigation; determination and report Section 301(b) of the Iran Threat Reduction and Syria Human Rights Act of 2012 ( 22 U.S.C. 8741(b) (b) Priority for investigation; determination and report (1) Priority for investigation In identifying foreign persons pursuant to subsection (a)(1) as officials, agents, or affiliates of Iran’s Revolutionary Guard Corps, the President shall investigate— (A) foreign persons or entities identified under section 560.304 of title 31, Code of Federal Regulations (relating to the definition of the Government of Iran); (B) foreign persons for which there is a reasonable basis to find that the person has conducted or attempted to conduct one or more sensitive transactions or activities described in subsection (c); and (C) foreign persons listed under the headings Attachment 3 Attachment 4 . (c) Sensitive transactions and activities described Section 301(c) of the Iran Threat Reduction and Syria Human Rights Act of 2012 ( 22 U.S.C. 8741(c) (1) in paragraph (1)— (A) by striking $1,000,000 $500,000 (B) by inserting Iranian financial institution or involving a (2) by redesignating paragraphs (3), (4), and (5) as paragraphs (6), (7), and (8), respectively; and (3) by inserting after paragraph (2) the following new paragraphs: (3) a transaction to provide material support for an organization designated as a foreign terrorist organization under section 219(a) of the Immigration and Nationality Act ( 8 U.S.C. 1189(a) Public Law 104–172 50 U.S.C. 1701 (4) a transaction to provide material support to a foreign person whose property and access to property has been blocked pursuant to Executive Order 13224 (September 23, 2001; relating to blocking property and prohibiting transactions with persons who commit, threaten to commit, or support terrorism); (5) a transaction to provide material support for the Government of Syria or any agency or instrumentality thereof; . (d) Waiver of imposition of sanctions Section 301(e) of the Iran Threat Reduction and Syria Human Rights Act of 2012 ( 22 U.S.C. 8741(e) (3) Sunset The provisions of this subsection and any waivers issued pursuant to this subsection shall terminate at the close of December 31, 2025. . (e) Regulations, implementation, penalties, and definitions Section 301 of the Iran Threat Reduction and Syria Human Rights Act of 2012 ( 22 U.S.C. 8741 (1) by redesignating subsection (f) as subsection (h); and (2) by inserting after subsection (e) the following new subsections: (f) Penalties A person that violates, attempts to violate, conspires to violate, or causes a violation of subsection (a) or any regulation, license, or order issued to carry out subsection (a) shall be subject to the penalties set forth in subsections (b) and (c) of section 206 of the International Emergency Economic Powers Act ( 50 U.S.C. 1705 (g) Definitions In this section: (1) Foreign person The term foreign person (A) an individual who is not a United States person; (B) a corporation, partnership, or other nongovernmental entity which is not a United States person; or (C) any representative, agent or instrumentality of, or an individual working on behalf of a foreign government. (2) Iran’s revolutionary guard corps The term Iran’s Revolutionary Guard Corps (3) Own or control The term own or control (A) to hold more than 25 percent of the equity interest by vote or value in the entity; (B) to hold a majority of seats on the board of directors of the entity; or (C) to otherwise control the actions, policies, or personnel decisions of the entity. (4) United states person The term United States person (A) a United States citizen or an alien lawfully admitted for permanent residence to the United States; or (B) an entity organized under the laws of the United States or of any jurisdiction within the United States, including a foreign branch of such an entity. . (f) Conforming and clerical amendments The Iran Threat Reduction and Syria Human Rights Act of 2012 ( 22 U.S.C. 8701 et seq. (1) by striking the heading of section 301 and inserting the following: 301. Identification of, and imposition of sanctions with respect to, foreign persons that are officials, agents or affiliates of, or owned or controlled by, iran’s revolutionary guard corps ; and (2) in the table of contents, by striking the item relating to section 301 and inserting the following: Sec. 301. Identification of, and imposition of sanctions with respect to, foreign persons that are officials, agents or affiliates of, or owned or controlled by, Iran’s Revolutionary Guard Corps. .

Summary: Closing IRGC Sanctions Loopholes Act This bill expands sanctions on those associated with Iran's Revolutionary Guard Corps (IRGC). Current law requires the President to identify foreign persons (individuals and entities) that are officials, agents, or affiliates of the IRGC and impose visa- and property-blocking sanctions on them. The bill expands this requirement to include identifying and sanctioning foreign persons that are owned or controlled by the IRGC. The President must also identify foreign persons attempting to conduct sensitive transactions or activities on behalf of such IRGC-associated persons. The bill expands the definition of sensitive transactions or activities, which are used to identify persons potentially subject to sanctions, to include transactions providing support for an act of international terrorism or providing material support to (1) a foreign terrorist organization, (2) a foreign person sanctioned under Executive Order 13224 (related to sanctioning those who commit or support terrorism), or (3) the Syrian government or its agencies or instrumentalities. Additionally, the bill lowers the threshold for financial transactions involving non-Iranian financial institutions to qualify as a sensitive transaction from $1,000,000 to $500,000 per year and adds similar transactions involving Iranian financial institutions. The bill requires the President to investigate certain categories of foreign persons to determine if they are subject to these sanctions (versus prioritizing such investigations as under current law). The bill also adds foreign persons listed in specified attachments to U.N. Security Council Resolution 2231 (concerning Iran's nuclear program) as a new category the President must investigate to determine if there are any sanctionable relationships to the IRGC.