Sec. 305. Imposition of sanctions with respect to ballistic missile program of Iran

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Title II of the Iran Threat Reduction and Syria Human Rights Act of 2012 ( 22 U.S.C. 8721 et seq.) is amended by adding at the end the following: In this subtitle: The term agricultural commodity has the meaning given that term in section 102 of the Agricultural Trade Act of 1978 ( 7 U.S.C. 5602 ). The term appropriate committees of Congress means— the committees specified in section 14(2) of the Iran Sanctions Act of 1996 ( Public Law 104–172 ; 50 U.S.C. 1701 note); and the congressional defense committees, as defined in section 101 of title 10, United States Code.

The terms correspondent account and payable-through account have the meanings given those terms in section 5318A of title 31, United States Code. The term foreign financial institution has the meaning of that term as determined by the Secretary of the Treasury pursuant to section 104(i) of the Comprehensive Iran Sanctions, Accountability, and Divestment Act of 2010 ( 22 U.S.C. 8513(i) ). The term good has the meaning given that term in section 16 of the Export Administration Act of 1979 ( 50 U.S.C. 4618 ) (as continued in effect pursuant to the International Emergency Economic Powers Act ( 50 U.S.C. 1701 et seq.)).

The term Government , with respect to a foreign country, includes any agencies or instrumentalities of that Government and any entities controlled by that Government. The term medical device has the meaning given the term device in section 201 of the Federal Food, Drug, and Cosmetic Act ( 21 U.S.C. 321 ). The term medicine has the meaning given the term drug in section 201 of the Federal Food, Drug, and Cosmetic Act ( 21 U.S.C. 321 ). For purposes of this subtitle, in determining if financial transactions or financial services are significant, the President may consider the totality of the facts and circumstances, including factors similar to the factors set forth in section 561.404 of title 31, Code of Federal Regulations (or any corresponding similar regulation or ruling).

Not later than 120 days after the date of the enactment of the Iran Ballistic Missile Sanctions Act of 2018 , and not less frequently than once every 180 days thereafter, the President shall, in coordination with the Secretary of Defense, the Director of National Intelligence, the Secretary of the Treasury, and the Secretary of State, submit to the appropriate committees of Congress a report identifying persons that have knowingly aided the Government of Iran in the development of the ballistic missile program of Iran.

Each report required by paragraph

(1)shall include the following: An identification of persons (disaggregated by Iranian and non-Iranian persons) that have knowingly aided the Government of Iran in the development of the ballistic missile program of Iran, including persons that have— knowingly engaged in the direct or indirect provision of material support to such program; knowingly facilitated, supported, or engaged in activities to further the development of such program; knowingly transmitted information relating to ballistic missiles to the Government of Iran; or otherwise knowingly aided such program. A description of the character and significance of the cooperation of each person identified under subparagraph

(A)with the Government of Iran with respect to such program. An assessment of the cooperation of the Government of the Democratic People’s Republic of Korea with the Government of Iran with respect to such program. Each report required by paragraph

(1)shall be submitted in unclassified form, but may contain a classified annex. Not later than 15 days after submitting a report required by subsection (a)(1), the President shall, in accordance with the International Emergency Economic Powers Act ( 50 U.S.C. 1701 et seq.), block and prohibit all transactions in all property and interests in property of any person specified in such report 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. The requirements under section 202 of the International Emergency Economic Powers Act ( 50 U.S.C. 1701 ) shall not apply for purposes of this subsection. Except as provided in paragraph (2), the Secretary of State shall deny a visa to, and the Secretary of Homeland Security shall exclude from the United States, any alien subject to blocking of property and interests in property under subsection (b). Paragraph

(3)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. The requirements under section 202 of the International Emergency Economic Powers Act ( 50 U.S.C. 1701 ) shall not apply for purposes of this subsection. A person described in this paragraph is— an entity that is owned, directly or indirectly, by a 20 percent or greater interest— by the Aerospace Industries Organization, the Shahid Hemmat Industrial Group, the Shahid Bakeri Industrial Group, or any agent or affiliate of such organization or group; or collectively by a group of individuals that hold an interest in the Aerospace Industries Organization, the Shahid Hemmat Industrial Group, the Shahid Bakeri Industrial Group, or any agent or affiliate of such organization or group, even if none of those individuals hold a 20 percent or greater interest in the entity; a person that controls, manages, or directs an entity described in subparagraph (A); or an individual who is on the board of directors of an entity described in subparagraph (A). 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 knowingly, on or after the date that is 180 days after the date of the enactment of the Iran Ballistic Missile Sanctions Act of 2018 , conducts or facilitates a significant financial transaction for a person subject to blocking of property and interests in property under subsection (a). Not later than 90 days after the date of the enactment of the Iran Ballistic Missile Sanctions Act of 2018 , and not less frequently than annually thereafter, the Secretary of the Treasury shall submit to the appropriate committees of Congress and publish in the Federal Register a list of— each entity in which the Aerospace Industries Organization, the Shahid Hemmat Industrial Group, the Shahid Bakeri Industrial Group, or any agent or affiliate of such organization or group has an ownership interest of more than 0 percent and less than 20 percent; each entity in which the Aerospace Industries Organization, the Shahid Hemmat Industrial Group, the Shahid Bakeri Industrial Group, or any agent or affiliate of such organization or group does not have an ownership interest but maintains a presence on the board of directors of the entity or otherwise influences the actions, policies, or personnel decisions of the entity; and each person that controls, manages, or directs an entity described in subparagraph

(A)or (B). The list required by paragraph

(1)may be referred to as the Iran Missile Proliferation Watch List . The Comptroller General of the United States shall— conduct a review of each list required by subsection (c)(1); and not later than 60 days after each such list is submitted to the appropriate committees of Congress under that subsection, submit to the appropriate committees of Congress a report on the review conducted under subparagraph

(A)that includes a list of persons not included in that list that qualify for inclusion in that list, as determined by the Comptroller General. In preparing the report required by paragraph (1)(B), the Comptroller General shall consult with nongovernmental organizations. Not later than 120 days after the date of the enactment of the Iran Ballistic Missile Sanctions Act of 2018 , and not less frequently than once every 180 days thereafter, the President shall submit to the appropriate committees of Congress a certification that each person listed in an annex of United Nations Security Council Resolution 1737 (2006), 1747 (2007), or 1929

(2010)is not directly or indirectly facilitating, supporting, or involved with the development of or transfer to Iran of ballistic missiles or technology, parts, components, or technology information relating to ballistic missiles. If the President is unable to make a certification under subsection

(a)with respect to a person and the person is not currently subject to sanctions with respect to Iran under any other provision of law, the President shall, not later than 15 days after that certification would have been required under that subsection— in accordance with the International Emergency Economic Powers Act ( 50 U.S.C. 1701 et seq.), block and prohibit all transactions in all property and interests in property of that person 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; and publish in the Federal Register a report describing the reason why the President was unable to make a certification with respect to that person. The requirements under section 202 of the International Emergency Economic Powers Act ( 50 U.S.C. 1701 ) shall not apply for purposes of this subsection. Except as provided in paragraph (2), the Secretary of State shall deny a visa to, and the Secretary of Homeland Security shall exclude from the United States, any alien subject to blocking of property and interests in property under subsection (b). Paragraph

(1)shall not apply to the head of state of Iran, or necessary staff of that head of state, if admission to the United States is necessary to permit the United States to comply with the Agreement regarding the Headquarters of the United Nations, signed at Lake Success June 26, 1947, and entered into force November 21, 1947, between the United Nations and the United States. 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 knowingly, on or after the date that is 180 days after the date of the enactment of the Iran Ballistic Missile Sanctions Act of 2018 , conducts or facilitates a significant financial transaction for a person subject to blocking of property and interests in property under subsection (b). Not later than 120 days after the date of the enactment of the Iran Ballistic Missile Sanctions Act of 2018 , and not less frequently than once every 180 days thereafter, the President shall submit to the appropriate committees of Congress and publish in the Federal Register a list of the sectors of the economy of Iran that are directly or indirectly facilitating, supporting, or involved with the development of or transfer to Iran of ballistic missiles or technology, parts, components, or technology information relating to ballistic missiles. Not later than 120 days after the date of enactment of the Iran Ballistic Missile Sanctions Act of 2018 , the President shall submit to the appropriate committees of Congress a determination as to whether each of the automotive, chemical, computer science, construction, electronic, energy, metallurgy, mining, petrochemical, research (including universities and research institutions), and telecommunications sectors of Iran meet the criteria specified in paragraph (1). If the President determines under subparagraph

(A)that the sectors of the economy of Iran specified in such subparagraph meet the criteria specified in paragraph (1), that sector shall be included in the initial list submitted and published under that paragraph. The President shall, in accordance with the International Emergency Economic Powers Act ( 50 U.S.C. 1701 et seq.), block and prohibit all transactions in all property and interests in property of any person described in paragraph

(4)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. The requirements under section 202 of the International Emergency Economic Powers Act ( 50 U.S.C. 1701 ) shall not apply for purposes of this paragraph. Except as provided in subparagraph (B), the Secretary of State shall deny a visa to, and the Secretary of Homeland Security shall exclude from the United States, any alien that is a person described in paragraph (4). Subparagraph

(A)shall not apply to the head of state of Iran, or necessary staff of that head of state, if admission to the United States is necessary to permit the United States to comply with the Agreement regarding the Headquarters of the United Nations, signed at Lake Success June 26, 1947, and entered into force November 21, 1947, between the United Nations and the United States. Except as provided in this section, 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 knowingly, on or after the date that is 180 days after the date of the enactment of the Iran Ballistic Missile Sanctions Act of 2018 , conducts or facilitates a significant financial transaction for a person described in paragraph (4). A person is described in this paragraph if the President determines that the person, on or after the date that is 180 days after the date of the enactment of the Iran Ballistic Missile Sanctions Act of 2018 — operates in a sector of the economy of Iran included in the most recent list published by the President under subsection (a); knowingly provides significant financial, material, technological, or other support to, or goods or services in support of, any activity or transaction on behalf of or for the benefit of a person described in subparagraph (A); or is owned or controlled by a person described in subparagraph (A). The President may not impose sanctions under this section with respect to any person for conducting or facilitating a transaction for the sale of agricultural commodities, food, medicine, or medical devices to Iran or for the provision of humanitarian assistance to the people of Iran. Not later than 120 days after the date of the enactment of the Iran Ballistic Missile Sanctions Act of 2018 , and not less frequently than annually thereafter, the President shall submit to the appropriate committees of Congress and publish in the Federal Register a list of all foreign persons that have, based on credible information, directly or indirectly facilitated, supported, or been involved with the development of ballistic missiles or technology, parts, components, or technology information related to ballistic missiles in the following sectors of the economy of Iran during the period specified in subsection (b): Automotive. Chemical. Computer Science. Construction. Electronic. Energy. Metallurgy. Mining. Petrochemical. Research (including universities and research institutions). Telecommunications. Any other sector of the economy of Iran identified under section 235(a). The period specified in this subsection is— with respect to the first list submitted under subsection (a), the period beginning on the date of the enactment of the Iran Ballistic Missile Sanctions Act of 2018 and ending on the date that is 120 days after such date of enactment; and with respect to each subsequent list submitted under such subsection, the one-year period preceding the submission of the list. With respect to each list submitted under subsection (a), not later than 120 days after the list is submitted under that subsection, the Comptroller General of the United States shall submit to the appropriate committees of Congress— an assessment of the processes followed by the President in preparing the list; an assessment of the foreign persons included in the list; and a list of persons not included in the list that qualify for inclusion in the list, as determined by the Comptroller General. In preparing the report required by paragraph (1), the Comptroller General shall consult with nongovernmental organizations. In this section, the term credible information has the meaning given that term in section 14 of the Iran Sanctions Act of 1996 ( Public Law 104–172 ; 50 U.S.C. 1701 note). . The table of contents for the Iran Threat Reduction and Syria Human Rights Act of 2012 is amended by inserting after the item relating to section 224 the following: Subtitle C—Measures relating to ballistic missile program of Iran Sec. 231. Definitions. Sec. 232. Imposition of sanctions with respect to persons that support the ballistic missile program of Iran. Sec. 233. Blocking of property of persons affiliated with certain Iranian entities. Sec. 234. Imposition of sanctions with respect to certain persons involved in ballistic missile activities. Sec. 235. Imposition of sanctions with respect to certain sectors of Iran that support the ballistic missile program of Iran. Sec. 236. Identification of foreign persons that support the ballistic missile program of Iran in certain sectors of Iran. .

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