Determination of Russia-Iran Weapons Transfer Act of 2016

To require the President to determine whether a sale or transfer of advanced integrated air defense systems to Iran meets the requirements to impose sanctions under certain Iran sanctions laws, and for other purposes. 1. Short title This Act may be cited as the Determination of Russia-Iran Weapons Transfer Act of 2016 2. Findings Congress finds the following: (1) The S–300 surface-to-air missile defense system, which has a range of 120 miles and can engage aircraft or short- and medium-range ballistic missiles, provides enhanced capabilities to Iran. (2) Such a system would significantly bolster Iranian military capabilities and introduce new obstacles to the ability of the United States to eliminate the threat of an Iranian nuclear weapon. (3) Iran received an S–300 surface-to-air missile defense system from the Russian Federation as part of an arms deal that was revived after Iran agreed to the Joint Comprehensive Plan of Action, signed at Vienna on July 14, 2015, relating to the nuclear program of Iran. (4) Russian officials have said they plan to deliver four such systems to Iran by the end of 2016. The delivery is part of an $800,000,000 contract signed in 2007, under which Russia was to provide Iran with five such systems. Russia suspended the deliveries of such systems in 2010. (5) On April 18, 2016, Department of State spokesperson John Kirby stated during a State Department briefing, We have made clear in the past our objections to any sale of the S–300 missile system to Iran. (6) On June 8, 2016, the administration stated, in response to an inquiry by Representative Steve Chabot about the sale, that it has strongly urged the Government of Russia not to proceed with the sale of such systems to Iran, and that such a sale would add to tensions in the region and be clearly inconsistent with the goals of non-proliferation. 3. Sense of Congress It is the sense of Congress that the sale or transfer of an advanced integrated air defense system to Iran constitutes the sale or transfer of a destabilizing type of advanced conventional weapons system to Iran. 4. Determinations with respect to the imposition of sanctions for the sale or transfer of advanced integrated air defense systems to the Government of Iran (a) Notification of sales and transfers Not later than 15 days after the date on which the President receives credible information that any advanced integrated air defense system has been sold or transferred to Iran, the President shall notify the appropriate congressional committees of the sale or transfer. (b) Determinations with respect to sanctions (1) In general Not later than 30 days after the date on which the President notifies the appropriate congressional committees of a sale or transfer under subsection (a), the President shall— (A) determine whether such sale or transfer meets the requirements to impose sanctions under each provision of law specified in subsection (c); and (B) (i) if the determination is that the sale or transfer is subject to any such sanctions, the President shall— (I) make a determination with respect to whether the President will impose or waive such sanctions with respect to such sale or transfer; and (II) submit that determination to the appropriate congressional committees; or (ii) if the determination is that the sale or transfer is not subject to any such sanctions, the President shall submit to the appropriate congressional committees a detailed report on the determination and the specific reasons for the determination. (c) Provisions of law specified The provisions of law specified in this subsection are the following: (1) Section 5(b) of the Iran Sanctions Act of 1996 ( 50 U.S.C. 1701 (2) The Iran-Iraq Arms Non-Proliferation Act of 1992 ( 50 U.S.C. 1701 (3) The Iran, North Korea, and Syria Nonproliferation Act ( 50 U.S.C. 1701 (d) Termination Any sanction imposed by reason of a determination under subsection (b)(1)(B)(i)(I) shall, notwithstanding any provision with respect to the duration of a sanction under any provision of law specified in subsection (c), terminate on the date that is 30 days after the date on which the President submits to the appropriate congressional committees a certification that the Government of Iran and all entities owned or controlled by the Government of Iran— (1) are not in possession of the advanced integrated air defense system with respect to which such sanction was imposed; and (2) have not transferred the advanced integrated air defense system with respect to which such sanctions were enforced to— (A) a foreign terrorist organization, as designated under section 219 of the Immigration and Nationality Act ( 8 U.S.C. 1189 (B) a country, the government of which is designated by the Secretary of State, under section 6(j) of the Export Administration Act of 1979 ( 50 U.S.C. 2405 50 U.S.C. 1701 et seq. 22 U.S.C. 2780 22 U.S.C. 2371 (e) Definition In this Act: (1) Advanced integrated air defense systems The term advanced integrated air defense systems (2) Appropriate congressional committees The term appropriate congressional committees

Summary: Determination of Russia-Iran Weapons Transfer Act of 2016 This bill expresses the sense of Congress that the sale or transfer of an advanced integrated air defense system to Iran constitutes the sale or transfer of a destabilizing type of advanced conventional weapons system to Iran. The President shall: (1) notify Congress within 15 days of receiving credible information that any advanced integrated air defense system has been sold or transferred to Iran; and (2) within 30 days of such notification, determine whether the sale or transfer meets sanction imposition requirements and, if so, determine whether to impose or waive sanctions. Upon determining that such sale or transfer is not subject to sanctions, the President shall submit a report on the specific reasons for such determination. Imposed sanctions shall terminate 30 days after the President certifies that Iran and all Iranian-owned or controlled-entities: (1) are not in possession of the system for which sanctions were imposed; and (2) have not transferred such system to a foreign terrorist organization or to a country whose government has repeatedly supported acts of international terrorism.