Sec. 101. Sanctions relating to efforts by the Government of Iran with respect to ballistic missile-related goods, services, and technologies

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Congress finds the following: United Nations Security Council Resolution 2231 (2015)— calls upon Iran not to undertake any activity related to ballistic missiles designed to be capable of delivering nuclear weapons, including launches using such ballistic missile technology ; and requires member states to take the necessary measures to prevent, except as decided otherwise by the UN Security Council in advance on a case-by-case basis, the supply, sale, or transfer of arms or related materiel from Iran .

The United States maintains bilateral sanctions against Iran for its efforts to manufacture, acquire, possess, develop, transport, transfer or use ballistic missiles or ballistic missile launch technology, and its acquisition of destabilizing types and amounts of conventional weapons. According to the 2016 Worldwide Threat Assessment, the United States intelligence community judges that Tehran would choose ballistic missiles as its preferred method of delivering nuclear weapons, if it builds them.

Iran’s ballistic missiles are inherently capable of delivering [weapons of mass destruction], and Tehran already has the largest inventory of ballistic missiles in the Middle East. Iran’s progress on space launch vehicles—along with its desire to deter the United States and its allies—provides Tehran with the means and motivation to develop longer-range missiles, including ICBMs. . Since the passage of United Nations Security Council 2231, Iran has conducted numerous tests of ballistic missiles designed to be capable of delivering nuclear weapons, and has acquired destabilizing types of conventional weapons.

Iran has pursued the ability to indigenously produce ballistic missile and cruise missile goods, services, and technologies. It is the policy of the United States to prevent Iran from undertaking any activity related to ballistic missiles designed to be capable of delivering nuclear weapons, including launches using such ballistic missile technology. Not later than 180 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:

An analysis of the foreign supply chain and domestic supply chain in Iran that directly or indirectly significantly facilitates, supports, or otherwise aids the Government of Iran’s ballistic missile program. A description of the geographic distribution of the foreign and domestic supply chain described in subparagraph (A). An assessment of the Government of Iran’s ability to indigenously manufacture or otherwise produce the goods, services, or technology necessary to support its ballistic missile program.

An identification of foreign persons that have, based on credible information, directly or indirectly facilitated or supported the development of the Government of Iran’s ballistic missile program, including the foreign and domestic supply chain described in subparagraph (A). A determination with respect to each foreign person identified under subparagraph

(D)as to whether the foreign person meets the criteria for designation under— paragraph

(1)of section 5(b) of the Iran Sanctions Act of 1996 ( Public Law 104–172 ; 50 U.S.C. 1701 note), as amended by this section; section 104 of the Countering America’s Adversaries Through Sanctions Act ( Public Law 115–44 ; 22 U.S.C. 9403 ); or Executive Order 13382 (June 28, 2005), relating to Blocking Property of Weapons of Mass Destruction Proliferators and Their Supporters. The report required under paragraph

(1)shall be submitted in unclassified form, but may contain a classified annex. Paragraph

(1)of section 5(b) of the Iran Sanctions Act of 1996 ( Public Law 104–172 ; 50 U.S.C. 1701 note) is amended— in the heading, by striking and inserting Exports, transfers, and transshipments ; Weapons of mass destruction; ballistic missiles; conventional weapons by striking Except as and inserting the following: Except as ; by striking

(A)on or after the date of the enactment of the Iran Threat Reduction and Syria Human Rights Act of 2012 and inserting the following: on or after the date of the enactment of the Iran Ballistic Missiles and International Sanctions Enforcement Act ; by striking

(B)knew and inserting the following: knew ; by striking

(i)the export and inserting the following: the export ; by striking would likely and inserting may ; by striking

(ii)the export and inserting the following: the export ; by striking

(I)acquire and inserting the following: acquire ; by striking ; or at the end of subparagraph (A)(ii)(II)(bb)(AA) (as so redesignated); by inserting after subparagraph (A)(ii)(II)(bb)(AA) (as so redesignated) the following: acquire or develop ballistic missiles or ballistic missile launch technologies; or ; by striking

(II)acquire and inserting the following: acquire ; by striking the period at the end of subparagraph (A)(ii)(II)(bb)(CC) (as so redesignated) and inserting ; or ; and by adding at the end of subparagraph

(A)the following: knowingly exports or transfers, or permits or otherwise facilitates the transshipment or re-export of, goods, services, technology, or other items to Iran that materially supports Iran’s efforts to— acquire or develop ballistic missiles or ballistic missile launch technologies; or acquire or develop destabilizing numbers and types of advanced conventional weapons (as such term is defined in paragraphs

(1)and

(2)of section 1608 of the Iran-Iraq Arms Non-Proliferation Act of 1992). . Paragraph

(1)of section 5(b) of the Iran Sanctions Act of 1996 ( Public Law 104–172 ; 50 U.S.C. 1701 note), as amended by subsection (d), is further amended by adding at the end the following: The President shall impose the sanctions described in paragraph (8), (10), or

(12)of section 6(a), as the case may be, with respect to— an agency or instrumentality of the Government of Iran if the President determines that the agency or instrumentality, on or after the date of the enactment of this subparagraph, knowingly seeks to develop, procure, or acquire goods, services, or technology that materially supports efforts by the Government of Iran with respect to ballistic missile-related goods, services, and technologies as described in clause (ii); a foreign person or an agency or instrumentality of a foreign state if the President determines that the person or agency or instrumentality knowingly, on or after the date of the enactment of this paragraph, provides significant material support to the Government of Iran that supports efforts by the Government of Iran with respect to ballistic missile-related goods, services, and technologies as described in clause (ii); and a foreign person that the President determines knowingly engages in a significant transaction or transactions with, or provides significant financial services for, a foreign person or an agency or instrumentality of a foreign state described in item

(aa)or

(bb)with respect to ballistic missile-related goods, services, and technologies as described in clause (ii). The requirement to impose sanctions as described in subclause

(I)shall not include the authority to impose sanctions on the importation of goods. In this subclause, the term good means any article, natural or man-made substance, material, supply or manufactured product, including inspection and test equipment, and excluding technical data. For purposes of subclauses (I), (II), and

(III)of clause (i), and except as provided in subclause

(II)of this clause, efforts by the Government of Iran with respect to ballistic missile-related goods, services, and technologies described in this subsection are efforts by the Government of Iran to manufacture, acquire, possess, develop, transport, transfer, test or use ballistic missiles or associated goods, services, or technology by the Government of Iran, including efforts by the Government of Iran to manufacture, acquire, possess, develop, transport, transfer, purchase— goods, services, or technology listed on the Missile Technology Control Regime Equipment and Technology Annex of October 8, 2015, and subsequent revisions that have been acquired outside of the Procurement Working Group or not otherwise approved by the United Nations Security Council; or goods, services, or technology not described in the matter preceding item

(aa)or item

(aa)but which nevertheless the President determines would be, if such goods, services, or technology were United States goods, services, or technology, prohibited for export to Iran because of their potential to materially support the development of ballistic missile systems or ballistic missile launch technologies. Subclause

(I)shall not apply with respect to efforts by the Government of Iran with respect to ballistic missile-related goods, services, and technologies that have been approved under paragraph 4 of Annex B of United Nations Security Council Resolution 2231 (2015). In clause (ii)(I)(aa), the term Procurement Working Group means the Procurement Working Group of the Joint Commission established under Annex IV of the applicable provisions in Annex A of United Nations Security Council Resolution 2231 (2015). . Paragraph

(1)of section 5(b) of the Iran Sanctions Act of 1996 ( Public Law 104–172 ; 50 U.S.C. 1701 note), as amended by subsections

(d)and (e), is further amended by adding at the end the following: The President shall impose the sanctions described in paragraph

(8)or

(12)of section 6(a), as the case may be, with respect to a foreign person or an agency or instrumentality of a foreign state if the President determines that the person or agency or instrumentality knowingly, on or after the date of the enactment of this paragraph, imports, exports, or re-exports to, into, or from Iran, whether directly or indirectly, any significant arms or related materiel prohibited under paragraph

(5)or

(6)of Annex B of United Nations Security Council Resolution 2231 (2015). The requirement to impose sanctions as described in clause

(i)shall not include the authority to impose sanctions on the importation of goods. In this clause, the term good means any article, natural or man-made substance, material, supply or manufactured product, including inspection and test equipment, and excluding technical data. . Paragraph

(1)of section 5(b) of the Iran Sanctions Act of 1996 ( Public Law 104–172 ; 50 U.S.C. 1701 note), as amended by subsections (d), (e), and (f), is further amended by adding at the end the following: The President may not impose sanctions under subparagraph

(B)or

(C)with respect to a foreign person or a United States person if the President determines that the person has exercised due diligence in establishing and enforcing official policies, procedures, and controls to ensure that the person does not sell, supply, or transfer to or from Iran materials the sale, supply, or transfer of which would subject a person to the imposition of sanctions under subparagraph

(B)or (C), as the case may be, or conduct or facilitate a financial transaction for such a sale, supply, or transfer. In subparagraphs

(B)and

(C)of this paragraph: The term agency or instrumentality has the meaning given such term in section 1603(b) of title 28, United States Code. The term foreign state has the meaning given such term in section 1603(a) of title 28, United States Code. The term Government of Iran has the meaning given such term in section 560.304 of title 31, Code of Federal Regulations, as such section was in effect on January 1, 2016. The terms significant transaction or transactions and significant financial services shall be determined in accordance with section 561.404 of title 31, Code of Federal Regulations, as such section 561.404 was in effect on January 1, 2016. . Section 6(a) of the Iran Sanctions Act of 1996 ( Public Law 104–172 ; 50 U.S.C. 1701 note) is amended— by striking paragraph

(10)and inserting the following: The President may direct the Secretary of State to deny a visa to, and the Secretary of Homeland Security to exclude from the United States and, if the individual has been issued a visa or other documentation, revoke, in accordance with the Immigration and Nationality Act ( 8 U.S.C. 1101 et seq.) the visa or other documentation of any alien that— is designated pursuant to subparagraph

(B)or

(C)of section 5(b)(1); or the President determines is a corporate officer or principal of, or a shareholder with a controlling interest in, a sanctioned person. Sanctions under subparagraph

(A)shall not apply to an alien if admitting the alien into 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, or other applicable international obligations. ; by redesignating paragraph

(12)as paragraph (13); and by inserting after paragraph

(11)the following: In the case of an agency or instrumentality of a foreign state, no item on the United States Munitions List or Commerce Control List may be exported to that foreign state for a period of two years. . The sanctions that are required to be imposed under this section and the amendments made by this section are in addition to other similar or related sanctions that are required to be imposed under any other provision of law. The President may exercise all authorities provided under sections 203 and 205 of the International Emergency Economic Powers Act ( 50 U.S.C. 1702 and 1704) to carry out any amendments made by this section. The amendments made by this section shall— take effect on the date of the enactment of this Act; and apply with respect to an activity described in subsection

(b)of section 5 of the Iran Sanctions Act of 1996, as amended by this section, that is commenced on or after such date of enactment. A person that, before the date of the enactment of this Act, commenced an activity described in section 5(b) of the Iran Sanctions Act of 1996, as in effect on the day before such date of enactment, and continues the activity on or after such date of enactment, shall be subject to the provisions of the Iran Sanctions Act of 1996, as amended by this title.

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