Sec. 3. Imposition of sanctions with respect to foreign persons and agencies and instrumentalities of foreign states supporting Hamas, the Palestinian Islamic Jihad, or any affiliate or successor thereof

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Not later than 180 days after the date of the enactment of this Act, and annually thereafter for a period not to exceed 3 years, the President shall submit to the appropriate congressional committees a report that identifies each foreign person or agency or instrumentality of a foreign state that the President determines— knowingly assists in, sponsors, or provides significant financial or material support for, or financial or other services to or in support of, the terrorist activities of any person described in paragraph (2); or directly or indirectly, knowingly and materially engaged in a significant transaction with any person described in paragraph (2).

A person described in this paragraph is a foreign person that the President determines— is a senior member of Hamas, the Palestinian Islamic Jihad, or any affiliate or successor thereof; is a senior member of a foreign terrorist organization designated pursuant to section 219 of the Immigration and Nationality Act ( 8 U.S.C. 1189 ) whose members directly or indirectly support the terrorist activities of Hamas, the Palestinian Islamic Jihad, or any affiliate or successor thereof by knowingly engaging in a significant transaction with, or providing financial or material support for Hamas, the Palestinian Islamic Jihad, or any affiliate or successor thereof, or any person described in subparagraph (A); or directly or indirectly, supports the terrorist activities of Hamas, the Palestinian Islamic Jihad, or any affiliate or successor thereof by knowingly and materially assisting, sponsoring, or providing financial or material support for, or goods or services to or in support of, Hamas, the Palestinian Islamic Jihad, or any affiliate or successor thereof, or any person described in subparagraph

(A)or (B). Each report required under paragraph

(1)shall be submitted in unclassified form, but may contain a classified annex. The President shall not be required to identify a foreign person or an agency or instrumentality of a foreign state in a report pursuant to paragraph (1)(B) if— the foreign person or agency or instrumentality of a foreign state notifies the United States Government in advance that it proposes to engage in a significant transaction as described in paragraph (1)(B); and the President determines and notifies the appropriate congressional committees in a classified form not less than 15 days prior to the foreign person or agency or instrumentality of a foreign state engaging in the significant transaction that the significant transaction is in the national interests of the United States. Subparagraph

(A)shall not apply with respect to— an agency or instrumentality of a foreign state which the Secretary of State determines has repeatedly provided support for acts of international terrorism pursuant to section 1754(c) of the Export Reform Control Act of 2018, section 40 of the Arms Export Control Act, section 620A of the Foreign Assistance Act of 1961, or any other provision of law; or any significant transaction described in paragraph (1)(B) that involves, directly or indirectly, a foreign state described in clause (i). The President shall impose two or more of the sanctions described in paragraph

(2)with respect to a foreign person or an agency or instrumentality of a foreign state identified pursuant to subsection (a). The sanctions referred to in paragraph

(1)are the following: The President may direct the Export-Import Bank of the United States not to give approval to the issuance of any guarantee, insurance, extension of credit, or participation in the extension of credit in connection with the export of any goods or services to the foreign person or agency or instrumentality of the foreign state, and the Export-Import Bank of the United States shall comply with any such direction. No sales of any defense articles, defense services, or design and construction services under the Arms Export Control Act ( 22 U.S.C. 2751 et seq. ) may be made to the foreign person or agency or instrumentality of the foreign state. No licenses for export of any item on the United States Munitions List that include the foreign person or agency or instrumentality of the foreign state as a party to the license may be granted. No exports may be permitted to the foreign person or agency or instrumentality of the foreign state of any goods or technologies controlled for national security reasons under the Export Administration Regulations, except that such prohibition shall not apply to any transaction subject to the reporting requirements of title V of the National Security Act of 1947 ( 50 U.S.C. 413 et seq. ; relating to congressional oversight of intelligence activities). The President shall prohibit any United States financial institution from making loans or providing any credit or financing totaling more than $10,000,000 to the foreign person or agency or instrumentality of the foreign state, except that this subparagraph shall not apply— to any transaction subject to the reporting requirements of title V of the National Security Act of 1947 ( 50 U.S.C. 413 et seq. ; relating to congressional oversight of intelligence activities); to the provision of medicines, medical equipment, and humanitarian assistance; or to any credit, credit guarantee, or financial assistance provided by the Department of Agriculture to support the purchase of food or other agricultural commodities. The President may exercise 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 a foreign person or agency or instrumentality of the 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. The penalties provided for in subsections

(b)and

(c)of section 206 of the International Emergency Economic Powers Act ( 50 U.S.C. 1705 ) shall apply to a person that knowingly violates, attempts to violate, conspires to violate, or causes a violation of regulations promulgated under section 6(b) to carry out clause

(i)to the same extent that such penalties apply to a person that knowingly commits an unlawful act described in section 206(a) of that Act. The President may exercise all authorities provided to the President under sections 203 and 205 of the International Emergency Economic Powers Act (50 U.S.C. 1702 and 1704) for purposes of carrying out clause (i). The President shall not be required to apply sanctions with respect to a foreign person or an agency or instrumentality of a foreign state identified pursuant to subsection

(a)if the President certifies in writing to the appropriate congressional committees that— the foreign person or agency or instrumentality of the foreign state— is no longer carrying out activities or transactions for which the sanctions were imposed pursuant to this subsection; or has taken and is continuing to take significant verifiable steps toward terminating the activities or transactions for which the sanctions were imposed pursuant to this subsection; and the President has received reliable assurances from the foreign person or agency or instrumentality of the foreign state that it will not carry out any activities or transactions for which sanctions may be imposed pursuant to this subsection in the future. The President may waive, on a case-by-case basis and for a period of not more than 180 days, a requirement under subsection

(b)to impose or maintain sanctions with respect to a foreign person or agency or instrumentality of a foreign state if the President— determines that the waiver is in the national security interest of the United States; and not less than 30 days before the waiver takes effect, submits to the appropriate congressional committees a report on the waiver and the justification for the waiver. The President may, on a case-by-case basis, renew a waiver under paragraph

(1)for additional periods of not more than 180 days if the President— determines that the renewal of the waiver is in the national security interest of the United States; and not less than 15 days before the waiver expires, submits to the appropriate congressional committees a report on the renewal of the waiver and the justification for the renewal of the waiver. The authority to impose sanctions under subsection

(b)with respect to a foreign person or an agency or instrumentality of a foreign state identified pursuant to subsection

(a)is in addition to the authority to impose sanctions under any other provision of law with respect to foreign persons or agencies or instrumentalities of foreign states that directly or indirectly support international terrorism. In this section: The term foreign state has the meaning given such term in section 1603(a) of title 28, United States Code. The term agency or instrumentality has the meaning given such term in section 1603(b) of title 28, United States Code. This section shall take effect on the date of the enactment of this Act and apply with respect to activities and transactions described in subsection

(a)that are carried out on or after such date of enactment.

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Sec. 3

Imposition of sanctions with respect to foreign persons and agencies and instrumentalities of foreign states supporting Hamas, the Palestinian Islamic Jihad, or any affiliate or successor thereof

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