Sec. 4. Jurisdictions of terrorism financing concern

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The President may designate a country as a Jurisdiction of Terrorism Financing Concern if the President determines that government officials of the country know, or should know, that activities take place within the jurisdiction of the country that substantially finance the operations of, or acts of international terrorism by, one or more foreign terrorist organizations. In making a determination under paragraph (1), the President shall evaluate criteria, which may include— the extent to which funds, goods, materiel, and other assets transferred into, out of, or through the country are used, or intended to be used, to finance the operations of, or acts of international terrorism by, foreign terrorist organizations; the adequacy of the laws and regulations of the country to prevent transfers described in subparagraph

(A)compared to the recommendations of the Financial Action Task Force and other appropriate international standards; or the unwillingness or demonstrated inability of the government of the country— to prevent the use of its jurisdiction for activities that finance the operations of, or acts of international terrorism by, foreign terrorist organizations; and to investigate, prosecute, and hold accountable individuals and entities that participate in activities that finance the operations of, or acts of international terrorism by, foreign terrorist organizations. Upon designating a country as a Jurisdiction of Terrorism Financing Concern under subsection (a), the President shall submit a report to the appropriate congressional committees that— identifies the country that has been so designated; and sets forth the information upon which the President relied to make such designation, including the criteria described in subsection (a)(2). The report required under paragraph

(1)shall be submitted in an unclassified form, but may include a classified annex. Not later than 90 days after each report is submitted under subsection

(b)with respect to a country designated as a Jurisdiction of Terrorism Financing Concern, the President shall carry out one or more of the actions described in subparagraphs

(A)through

(G)of paragraph (2). Except as provided in subsections

(d)and (e), the actions described in this paragraph are— absent the permission of the relevant congressional committees, with an additional 60 days of notification beyond the period that would otherwise apply to such a license or grant, ordering the heads of the appropriate United States agencies not to issue any specific licenses and not to grant any other specific authority (or a specified number of authorities) to export any goods, services, or technology worth more than $5,000,000 over a 12-month period to the government of a country designated under subsection (a)(1) under— the Export Administration Act of 1979 ( 50 U.S.C. 4601 et seq.); the Arms Export Control Act ( 22 U.S.C. 2751 et seq.); the Atomic Energy Act of 1954 ( 42 U.S.C. 2011 et seq.); or any other statute that requires the prior review and approval of the United States Government as a condition for the export or reexport of goods, services, or technology; withdrawing, limiting, or suspending United States development assistance to the foreign government; withdrawing, limiting, or suspending United States security assistance to the foreign government; directing the Export-Import Bank of the United States, the Overseas Private Investment Corporation, or the Trade and Development Agency not to approve the issuance of any (or a specified number of) guarantees, insurance, extensions of credit, or participation in the extension of credit with respect to the foreign government; consistent with section 701 of the International Financial Institutions Act of 1977 ( 22 U.S.C. 262(d) ), directing the United States executive directors of international financial institutions to oppose and vote against loans primarily benefiting the foreign government; prohibiting any United States financial institution from making loans or providing credits totaling more than $10,000,000 in any 12-month period to the foreign government; and prohibiting the United States Government from procuring, or entering into any contract for the procurement of, any goods, services, or technology from the foreign government. Instead of carrying out an action under subsection (c), the President may conclude an agreement with the government of a country designated under subsection (a)(1). The existence of an agreement under this subsection with a foreign government may be considered by the President before making any determination under subsection (a)(1) or carrying out an action under subsection (c). Subject to paragraph (3), the President may enter into an agreement with a foreign government that obligates the foreign government to more effectively counter activities that finance the operations of, or acts of international terrorism by, foreign terrorist organizations, including engaging in government-to-government activities that may include— cooperation between United States departments and agencies and their foreign government counterparts— to update the foreign government’s laws and regulations relating to the prevention of activities that finance the operations of, or acts of international terrorism by, foreign terrorist organizations; to strengthen cooperation among agencies of the foreign government and with the United States to facilitate the enforcement of the laws and regulations pertaining to activities that finance the operations of, or acts of international terrorism by, foreign terrorist organizations; and to promote information exchanges among agencies of the foreign government and with the United States; and training officials of the foreign government to prevent activities that finance the operations of, or acts of international terrorism by, foreign terrorist organizations— to facilitate the legitimate use of the financial system of the country; and to prevent terrorists from abusing the financial system of the country to sustain their activities. Not later than 30 days before an agreement under this subsection is scheduled to take effect, the President shall notify the appropriate congressional committees of the terms of such agreement. The notification required under subparagraph

(A)shall be submitted in an unclassified form, but may include a classified annex. An agreement under this subsection that has not yet taken effect may be nullified by the enactment of a joint resolution of Congress. Except as provided in subparagraph (C), not later than 1 year after the effective date of an agreement with a foreign government under paragraph (2), and not less frequently than annually thereafter, for as long as such agreement is in effect, the President shall certify to the appropriate congressional committees that the foreign government— is in compliance with the terms of the agreement; and is cooperating with the United States Government to remediate the deficiencies that led to its designation under subsection (a). The certification required under subparagraph

(A)shall be submitted in an unclassified form, but may include a classified annex. If the President is unable to make the certification required under subparagraph (A), the President, not later than 90 days after the date on which the certification is due, shall carry out one or more of the actions described in subparagraphs

(A)through

(G)of subsection (c)(2). Nothing in this subsection may be construed to authorize the United States to enter into an agreement covering matters outside the scope of activities that finance the operations of, or acts of international terrorism by, foreign terrorist organizations. Any action taken under this section may not prohibit or restrict the provision of medicine, medical equipment or supplies, food, or other humanitarian assistance to a foreign country. A designation made under subsection

(a)with respect to a country shall terminate on the earlier of— the date on which the President certifies to the appropriate congressional committees that the government of such country has taken substantial and verifiable steps to prevent substantial activities that finance the operations of, or acts of international terrorism by, foreign terrorist organizations within its jurisdiction; the date on which the President certifies to the appropriate congressional committees that the foreign government has fulfilled its obligations under an agreement under subsection (d), unless such action is expressly reauthorized by law; or the date on which the President— certifies to the appropriate congressional committees that termination of the designation is in the national security interests of the United States; and submits a report to the appropriate congressional committees that describes the reason for such determination. Any action taken under subsection

(c)with respect to a country, and any agreement with a foreign government entered into under subsection (d), shall terminate on the date on which the President makes a certification under subsection (f). No court shall have jurisdiction to review any Presidential determination or agency action under this Act or any amendment made by this Act.

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Sec. 4

Jurisdictions of terrorism financing concern

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