Sec. 103. Sanctions against foreign states that support Hizballah
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Title I of the Hizballah International Financing Prevention Act of 2015 ( Public Law 114–102 ; 50 U.S.C. 1701 note) is amended by adding at the end the following: Not later than 90 days after the date of the enactment of this section, and as appropriate thereafter, the President shall impose the sanctions described in paragraph
(3)with respect to any agency or instrumentality of a foreign state described in paragraph (2). An agency or instrumentality of a foreign state described in this paragraph is an agency or instrumentality of a foreign state that the President determines has, on or after the date of the enactment of this section, knowingly— directly or indirectly conducted combat operations with, or supported combat operations of, Hizballah or an entity owned or controlled by Hizballah; or directly or indirectly provided significant financial or material support for, or significant arms or related material to, Hizballah or an entity owned or controlled by Hizballah. The sanctions described in this paragraph are the exercise of all powers granted to the President by the International Emergency Economic Powers Act ( 50 U.S.C. 1701 et seq.) (except that the requirements of section 202 of such Act ( 50 U.S.C. 1701 ) shall not apply) to the extent necessary to block and prohibit all transactions in all property and interests in property of an agency or instrumentality of a foreign state 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. In the case of an agency or instrumentality of a foreign state that engages in the activities described in subsection
(a)that is an agency or instrumentality of a foreign state described in paragraph (3), the President shall, pursuant to section 6 of the Export Administration Act of 1979 (as continued in effect pursuant to the International Emergency Economic Powers Act ( 50 U.S.C. 1701 et seq.)), require a license under the Export Administration Regulations to export or re-export to that foreign state any item designated by the Secretary of Commerce as EAR 99 , other than food, medicine, medical devices, or similarly licensed items. In the case of an agency or instrumentality of a foreign state that engages in the activities described in subsection
(a)that is an agency or instrumentality of a foreign state described in paragraph (3), or the Government of the Russian Federation if the President determines such Government is engaged in the activities described in subsection (a), the President shall— ensure that United States persons, and foreign persons subject to United States jurisdiction, exercise enhanced due diligence in the jurisdiction of that foreign state to ensure such persons do not directly or indirectly finance Hizballah or engage in transactions with foreign persons that directly or indirectly finance Hizballah; ensure that United States persons, and foreign persons subject to United States jurisdiction, maintain— internal controls to prevent such persons from engaging in a transaction or transactions with Hizballah; and full compliance with relevant laws and regulations; ensure that United States persons, and foreign persons subject to United States jurisdiction, engage an auditor to perform due diligence to ascertain whether— the internal controls of such person are effective; and any transactions of such person are directly or indirectly financing Hizballah; and ensure the accuracy of the independent private sector audits and other due diligence processes by providing recommendations for the processes used to carry out such audits, including to— improve the accuracy of such audits; and establish standards of best practices. A foreign state described in this paragraph is a foreign state that— the President determines has, on or after the date of the enactment of this section, knowingly provided significant financial or material support for, or arms or related material to— Hizballah; or an entity owned or controlled by Hizballah; and is a state sponsor of terrorism. The President may, for periods not to exceed 180 days, waive the imposition of sanctions under this section with respect to a foreign state or an agency or instrumentality of a foreign state if the President certifies to the appropriate congressional committees that such waiver is vital to the national security interests of the United States. Before a waiver under paragraph
(1)takes effect with respect to a foreign state or an agency or instrumentality of a foreign state, the President shall notify and brief the appropriate congressional committees on the status of the involvement of the foreign state in activities described in subsection (b)(3) or involvement of the agency or instrumentality of a foreign state in activities described in subsection (a)(2), as the case may be. Not later than 90 days after the issuance of a waiver under paragraph
(1)with respect to a foreign state or an agency or instrumentality of a foreign state, and every 120 days thereafter while the waiver remains in effect, the President shall brief the appropriate congressional committees on the status of the involvement of the foreign state in activities described in subsection (b)(3) or involvement of the agency or instrumentality of a foreign state in activities described in subsection (a)(2), as the case may be. Not later than 120 days after the date of the enactment of this subsection, the President shall submit to the appropriate congressional committees and the Committee on Appropriations and the Permanent Select Committee on Intelligence of the House of Representatives and the Committee on Appropriations and the Select Committee on Intelligence of the Senate on a report that contains the following: An analysis of the foreign and domestic supply chain that significantly facilitates, supports, or otherwise aids Hizballah’s acquisition or development of missile production facilities. A description of the geographic distribution of the foreign and domestic supply chain described in subparagraph (A). An assessment of the provision of goods, services, or technology transferred to Hizballah by the Government of Iran or its affiliates to indigenously manufacture or otherwise produce missiles. An identification of foreign persons that have, on or after the date of the enactment of this subsection, and based on credible evidence— knowingly provided significant financial or material support for, or significant arms or related material to, Hizballah or an entity owned or controlled by Hizballah; or knowingly facilitated the transfer of significant arms or related materiel to Hizballah utilizing commercial aircraft or air carriers. A description of the steps that the President is taking to disrupt the foreign and domestic supply chain described in subparagraph (A). The report required under paragraph
(1)shall be submitted in unclassified form, but may contain a classified annex. In this section: The terms agency or instrumentality of a foreign state and foreign state have the meanings given those terms in section 1603 of title 28, United States Code. The term appropriate congressional committees means— the Committee on Foreign Affairs, the Committee on Financial Services, the Committee on Ways and Means, the Committee on the Judiciary, the Committee on Appropriations, and the Permanent Select Committee on Intelligence of the House of Representatives; and the Committee on Foreign Relations, the Committee on Banking, Housing, and Urban Affairs, the Committee on Finance, the Committee on the Judiciary, the Committee on Appropriations, and the Select Committee on Intelligence of the Senate. The term arms or related material means— nuclear, biological, chemical, or radiological weapons or materials or components of such weapons; ballistic or cruise missile weapons or materials or components of such weapons; destabilizing numbers and types of advanced conventional weapons; defense articles or defense services, as those terms are defined in paragraphs
(3)and (4), respectively, of section 47 of the Arms Export Control Act ( 22 U.S.C. 2794 ); or defense information, as that term is defined in section 644 of the Foreign Assistance Act of 1961 ( 22 U.S.C. 2403 ). The term Export Administration Regulations means subchapter C of chapter VII of title 15, Code of Federal Regulations (as in effect on the date of the enactment of this Act). The term Hizballah has the meaning given that term in section 102(f). In this paragraph, the term state sponsor of terrorism means a country the government of which the Secretary of State has determined is a government that has repeatedly provided support for acts of international terrorism for purposes of— section 6(j) of the Export Administration Act of 1979 ( 50 U.S.C. 4605(j) ) (as continued in effect pursuant to the International Emergency Economic Powers Act ( 50 U.S.C. 1701 et seq.)); section 620A of the Foreign Assistance Act of 1961 ( 22 U.S.C. 2371 ); section 40 of the Arms Export Control Act ( 22 U.S.C. 2780 ); or any other provision of law. . The table of contents for the Hizballah International Financing Prevention Act of 2015 is amended by inserting after the item relating to section 102 the following new item: Sec. 103. Sanctions against foreign states that support Hizballah. . Not later than 120 days after the date of the enactment of this Act, the President shall submit to the appropriate congressional committees a report that contains the following: A description of significant material support and arms or related material that the Government of the Russian Federation has, on or after the date of the enactment of this Act, knowingly, directly or indirectly, provided to Hizballah or an entity owned or controlled by Hizballah. An analysis of the extent to which Russian strategic weapons deployed in Syria, including air defense systems, have provided protection for Hizballah fighters in Syria. An assessment of whether Russian counter-proliferation safeguards can ensure that any arms or related materiel described in subparagraph
(A)will not be used against Israel in the future. The report required by paragraph
(1)shall be submitted in unclassified form but may include a classified annex. In this subsection: The term appropriate congressional committees has the meaning given such term in section 103 of the Hizballah International Financing Prevention Act of 2015, as added by this section. The term arms or related material has the meaning given such term in section 103 of the Hizballah International Financing Prevention Act of 2015, as added by this section.
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U.S. Code
- Unusual and extraordinary threat; declaration of national emergency; exercise of Presidential authorities§ 1701
- Definitions§ 2794
- Definitions§ 2403
- Prohibition on assistance to governments supporting international terrorism§ 2371
- Transactions with countries supporting acts of international terrorism§ 2780
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- 50 USC 4605(j)
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Sec. 103
Sanctions against foreign states that support Hizballah
Cite50 USC 4605(j)
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