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Code · BILL · 113th Congress · S. 2672 (Introduced in Senate) — To terminate the authority to waive certain provisions of law requiring the imposition of sanctions with respect to I... · Sec. 5

Sec. 5. Imposition of sanctions with respect to transactions with specially designated nationals and with respect to the automotive sector of Iran

1,147 words·~5 min read·/bill/113/s/2672/is/section-5

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The Iran Freedom and Counter-Proliferation Act of 2012 ( 22 U.S.C. 1241 et seq. ) is amended by inserting after section 1247 the following: The President shall block and prohibit all transactions in property and interests in property of a person the President determines has, on or after June 1, 2013, materially assisted, sponsored, or provided financial, material, or technological support for, or goods or services in support of, any person specified in subsection
(b)if such property and interests in property are in the United States, come within the United States, or are or come within the possession or control of a United States person. A person specified in this subsection is any person as follows: Any Iranian person included on the list of specially designated nationals and blocked persons maintained by the Office of Foreign Assets Control of the Department of the Treasury (other than an Iranian depository institution whose property and interests in property are blocked solely pursuant to Executive Order 13599 (78 Fed. Reg. 33,951)). Any person included on such list whose property and interests in property are blocked pursuant to subsection
(a)or Executive Order 13599 (other than an Iranian depository institution whose property and interests in property are blocked solely pursuant to Executive Order 13599). The President shall impose sanctions described in one or more of paragraphs (1), (2), (4), (5), (10), and
(11)of section 6(a) of the Iran Sanctions Act of 1996 (Public Law 104–172; 50 U.S.C. 1701 note) with respect to a person that the President determines has, on or after June 1, 2013, knowingly engaged in a significant financial transaction for the sale, supply, or transfer to Iran of significant goods or services used in connection with the automotive sector of Iran. The President shall prohibit the opening, and prohibit or impose strict conditions on the maintaining, in the United States of a correspondent account or a payable-through account by a foreign financial institution that the President determines has, on or after June 1, 2013, knowingly facilitated a significant financial transaction for the sale, supply, or transfer to Iran of significant goods or services used in connection with the automotive sector of Iran. Not later than 30 days after the date of the enactment of the Sanction Iran, Safeguard America Act of 2014 , the Federal Acquisition Regulation shall be revised to require a certification from each person described in subsection
(b)that is a prospective contractor that the person, and any person owned or controlled by the person— has not, in the previous 90 days, conducted any transaction with an Iranian person or any entity owned or controlled by an Iranian person; and does not have a business relationship with the Government of Iran. A person described in this subsection is a person that is part of the automotive sector of any foreign country. If the head of an executive agency determines that a person has submitted a false certification under subsection
(a)on or after the date on which the revision of the Federal Acquisition Regulation required by this subsection becomes effective, the head of that executive agency shall terminate a contract with such person or debar or suspend such person from eligibility for Federal contracts for a period of not less than 2 years. Any such debarment or suspension shall be subject to the procedures that apply to debarment and suspension under the Federal Acquisition Regulation under subpart 9.4 of part 9 of title 48, Code of Federal Regulations. The Administrator of General Services shall include on the List of Parties Excluded from Federal Procurement and Nonprocurement Programs maintained by the Administrator under part 9 of the Federal Acquisition Regulation each person that is debarred, suspended, or proposed for debarment or suspension by the head of an executive agency on the basis of a determination of a false certification under paragraph (1). The remedies set forth in subsection
(c)shall not apply with respect to the procurement of eligible products, as defined in section 308(4) of the Trade Agreements Act of 1974 ( 19 U.S.C. 2518(4) ), of any foreign country or instrumentality designated under section 301(b) of that Act ( 19 U.S.C. 2511(b) ). This section shall not be construed to limit the use of other remedies available to the head of an executive agency or any other official of the Federal Government on the basis of a determination of a false certification under subsection (a). The revisions to the Federal Acquisition Regulation required under subsection
(a)shall apply with respect to contracts for which solicitations are issued on or after the date of the enactment of the Sanction Iran, Safeguard America Act of 2014 . Not later than 30 days after the date of the enactment of the Sanction Iran, Safeguard America Act of 2014 , and every 30 days thereafter, the Comptroller General of the United States shall submit to the appropriate congressional committees a list of all persons that are part of the automotive sector of any foreign country that— during the 30-day period preceding the submission of the report, have conducted a transaction with an Iranian person or any entity owned or controlled by an Iranian person; or have a business relationship with the Government of Iran. In this section: The term executive agency has the meaning given that term in section 133 of title 41, United States Code. The term Federal Acquisition Regulation means the regulation issued pursuant to section 1303(a)(1) of title 41, United States Code. . Section 1242 of the Iran Freedom and Counter-Proliferation Act of 2012 ( 22 U.S.C. 8801 ) is amended— in subsection (a)— by redesignating paragraphs
(7)through
(14)as paragraphs
(9)through (16), respectively; by redesignating paragraphs
(3)through
(6)as paragraphs
(4)through (7), respectively; by inserting after paragraph
(2)the following: The term automotive sector means, with respect to a country, the following: The manufacturing or assembling in that country of vehicles, including passenger cars, trucks, buses, minibuses, pick-up trucks, and motorcycles. The manufacturing in that country of original equipment relating to such vehicles. The manufacturing in that country of after-market parts relating to such vehicles. ; and by inserting after paragraph (7), as redesignated by subparagraph (B), the following: The term Iranian depository institution means an entity that— is— organized under the laws of Iran or any jurisdiction within Iran, including a foreign branch of such an institution; located in Iran; owned or controlled by the Government of Iran; or owned or controlled by an entity described in clause (i), (ii), or (iii); and is engaged primarily in the business of banking, as determined by the Secretary of the Treasury. ; and in subsection (b)— by striking financial transactions or financial services and inserting financial transactions, financial services, goods, or other services ; and by inserting , with respect to financial transactions or financial services, after including .
Connectionstraces to 5
3 references not yet in our index
  • 22 USC 1241
  • 78 FR 33
  • Pub. L. 104-172
Citation graph
cites case law
Sec. 5
Imposition of sanctions with respect to transactions with specially designated nationals and with respect to the automotive sector of Iran
Cite22 USC 1241
Fed. Reg.78 FR 33
Pub. L.Pub. L. 104-172
Cites 8Cited by 0 across 0 sources
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