Sec. 3. Imposition of sanctions against certain foreign persons
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Not later than 90 days after the day of the enactment of this Act, the President shall impose, for a period of not less than two years, the sanctions specified in subsection
(c)with respect to a foreign person if the President determines and certifies to the appropriate congressional committees that the person— on or after September 1, 2007, transferred to or acquired from Iran, North Korea, or Syria— goods, services, or technology listed on— the Nuclear Suppliers Group Guidelines for the Export of Nuclear Material, Equipment and Technology (published by the International Atomic Energy Agency as Information Circular INFCIRC/254/Rev. 3/Part 1, and subsequent revisions) and Guidelines for Transfers of Nuclear-Related Dual-Use Equipment, Material, and Related Technology (published by the International Atomic Energy Agency as Information Circular INFCIRC/254/Rev. 3/Part 2, and subsequent revisions); the Missile Technology Control Regime Equipment and Technology Annex of June 11, 1996, and subsequent revisions; the lists of items and substances relating to biological and chemical weapons the export of which is controlled by the Australia Group; the Schedule One or Schedule Two list of toxic chemicals and precursors the export of which is controlled pursuant to the Convention on the Prohibition of the Development, Production, Stockpiling and Use of Chemical Weapons and on Their Destruction; or the Wassenaar Arrangement list of Dual Use Goods and Technologies and Munitions list of July 12, 1996, and subsequent revisions; or goods, services, or technology not listed on any list specified in clause
(i)but which nevertheless would be, if such goods, services, or technology were United States goods, services, or technology, prohibited for export to Iran, North Korea, or Syria, as the case may be, because of the potential of such goods, services or technology to contribute to the development of nuclear, biological, or chemical weapons, or of ballistic or cruise missile systems or destabilizing types and amounts of conventional weapons; and with respect to the transfer of goods, services, or technology, knew or should have known that the transfer of goods, services, or technology, to Iran, North Korea, or Syria, as the case may be, would contribute to the ability of Iran, North Korea, or Syria, as the case may be, to— acquire or develop chemical, biological, or nuclear weapons or related technologies; or acquire or develop advanced or destabilizing types and numbers of conventional weapons; on or after September 1, 2007, transferred to another person goods, services, or technology described in paragraph (1)(A)(i) or (ii); and knew or should have known that the transfer of goods, services, or technology to another person would likely result in such other person exporting, transferring, transshipping, or otherwise providing the goods, services, technology to the Government of Iran, North Korea, or Syria, or to a person acting on behalf of or owned or controlled by, the Government of Iran, North Korea, or Syria, as the case may be; on or after September 1, 2007, acquired materials mined or otherwise extracted within the territory or control of Iran, North Korea, or Syria, as the case may be, for purposes relating to the nuclear, biological, or chemical weapons, or ballistic or cruise missile development programs of Iran, North Korea, or Syria, as the case may be; on or after September 1, 2007, transferred to Iran, Syria, or North Korea goods, services, or technology that could assist efforts to extract or mill uranium ore within the territory or control of Iran, North Korea, or Syria, as the case may be; on or after September 1, 2007, provided destabilizing types and amounts of conventional weapons and technical assistance to the Government of Iran, North Korea, or Syria, or to a person acting on behalf of or owned or controlled by, the Government of Iran, North Korea, or Syria, as the case may be; or on or after August 10, 2010, provided a vessel, insurance or reinsurance, or any other shipping service for the transportation of goods to or from Iran, North Korea, or Syria for purposes relating to the nuclear, biological, or chemical weapons, or ballistic or cruise missile development programs of Iran, North Korea, or Syria, as the case may be. Not later than 90 days after the date of the enactment of this Act, the President shall impose, for a period of not less than two years, the sanctions specified in subsection
(c)with respect to a foreign person if the President determines that the person knowingly participated, on or after August 10, 2012, in a joint venture that involves any activity relating to the mining, production, or transportation of uranium— established on or after February 2, 2012; and with— the Government of Iran, the Government of North Korea, or the Government of Syria; an entity incorporated and subject to the jurisdiction of the Government of Iran, in North Korea or subject to the jurisdiction of the Government of North Korea, or Syria or subject to the jurisdiction of the Government of Syria, as the case may be; or a person acting on behalf of or at the direction of, or owned or controlled by, the Government of Iran or an entity described in subclause
(II)with respect to Iran, the Government of North Korea or an entity described in subclause
(II)with respect to North Korea, or the Government of Syria or an entity described in subclause
(II)with respect to Syria, as the case may be; or established before February 2, 2012; with the Government of Iran, an entity described in subclause
(II)of subparagraph (A)(ii) with respect to Iran, or a person described in subclause
(III)of that subparagraph with respect to Iran, the Government of North Korea, an entity described in subclause
(II)of subparagraph (A)(ii) with respect to North Korea, or a person described in subclause
(III)of that subparagraph with respect to North Korea, or the Government of Syria, an entity described in subclause
(II)of subparagraph (A)(ii) with respect to Syria, or a person described in subclause
(III)of that subparagraph with respect to Syria, as the case may; and through which— uranium is transferred directly to Iran, North Korea, or Syria, as the case may be, or indirectly to Iran, North Korea, or Syria, as the case may be, through a third country; the Government of Iran, the Government of North Korea, or the Government of Syria, as the case may be, receives significant revenue; or Iran, North Korea, or Syria, as the case may be, could, through a direct operational role or by other means, receive technological knowledge or equipment not previously available to such country that could contribute materially to the ability of such country to develop nuclear weapons or related technologies. Paragraph
(1)shall not apply with respect to participation in a joint venture established before August 10, 2012, if the person participating in the joint venture terminated, with respect to Iran, that participation not later than the date that is 180 days after such such date with respect to North Korea and Syria, terminates that participation not later than the date that is 90 days after the date of enactment of this Act. The sanctions referred to in subsections
(a)and
(b)are the following: The measures specified in the first sentence of subsection
(b)and subsections
(c)and
(d)of section 4 of Executive Order 12938 ( 50 U.S.C. 1701 note; relating to proliferation of weapons of mass destruction). Prohibition on United States Government sales to a person described in subsection
(a)or subsection
(b)of any item on the United States Munitions List and termination of sales to such person of any defense articles, defense services, or design and construction services under the Arms Export Control Act ( 22 U.S.C. 2751 et seq. ). Denial of licenses and suspension of existing licenses for the transfer to a foreign person described in subsection
(a)or subsection
(b)of items the export of which is controlled under the Export Administration Act of 1979 (50 U.S.C. App. 2401 et seq.), as in effect pursuant to the International Emergency Economic Powers Act, or the Export Administration Regulations. Prohibition on any investment by a United States person in property, including entities, owned or controlled by a foreign person described in subsection
(a)or subsection (b). Prohibition on any approval, financing, or guarantee by a United States person, wherever located, of a transaction by a foreign person described in subsection
(a)or subsection (b). Denial by the United States Government of any credit, credit guarantees, grants, or other financial assistance by any agency of the United States Government to a foreign person described in subsection
(a)or subsection (b). Prohibition on any United States person from investing in or purchasing significant amounts of equity or debt instruments of a foreign person described in subsection
(a)or subsection (b). The Secretary of State shall deny a visa to, and the Secretary of Homeland Security to exclude from the United States, any alien that the President determines is a corporate officer or principal of, or a shareholder with a controlling interest in, a foreign person described in subsection
(a)or subsection (b). The President shall impose on the principal executive officer or officers of a foreign person described in subsection
(a)or subsection (b), or on persons performing similar functions and with similar authorities as such officer or officers, any of the sanctions under this subsection. The Secretary of the Treasury shall publish in the Federal Register notice of the imposition against a foreign person of sanctions pursuant to subsection
(a)or subsection (b). Each notice published in accordance with paragraph
(1)shall include the name and address (where known) of each foreign person with respect to which sanctions have been imposed pursuant to subsection
(a)of subsection (b).
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Sec. 3
Imposition of sanctions against certain foreign persons
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