Sec. 2. Modifications to the Caesar Syria Civilian Protection Act
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Section 7412 of the Caesar Syria Civilian Protection Act of 2019 (title LXXIV of the National Defense Authorization Act for Fiscal Year 2020; 22 U.S.C. 8791 note) is amended— in subsection (a)— in paragraph (1), by striking the President shall impose and all that follows through the end of the paragraph and inserting the President— shall impose the sanctions described in subsection
(b)with respect to a foreign person that the President determines— knowingly engages, on or after such date of enactment, in an activity described in paragraph (2); is an adult family member of a foreign person described in clause (i), unless the President determines there is clear and convincing evidence that such adult family member has disassociated themselves from the foreign person described in such clause and has no history of helping such foreign person conceal assets; or is owned or controlled by a foreign person described in clause
(i)or (ii); and may impose the sanctions described in subsection
(b)with respect to a foreign person that the President determines knowingly provides, on or after such date of enactment, significant financial, material, or technological support to a foreign person engaging in an activity described in any of subparagraphs
(B)through
(H)of paragraph (2); . in paragraph (2)— in subparagraph (A)— by amending clause
(i)to read as follows: the Government of Syria (including any entity owned or controlled by the Government of Syria), a senior political figure of the Government of Syria, a member of the People’s Assembly of Syria, or a senior foreign political figure (as such term is defined in section 101.605 of title 31, Code of Federal Regulations) of the Arab Socialist Ba’ath Party of Syria, including any such senior foreign political figure who is— a member of the Central Command, Central Committee, or Auditing and Inspection Committee of such Party; or a leader of a local branch of such Party; ; in clause (ii), by striking ; or and inserting a semicolon; in clause (iii), by striking the semicolon and inserting ; or ; and by adding at the end the following new clause: Syria Arab Airlines, Cham Wings, or any foreign person owned or controlled by Syria Arab Airlines or Cham Wings; ; by amending subparagraph
(C)to read as follows: knowingly sells or provides aircraft or spare aircraft parts— to the Government of Syria; or for or on behalf of the Government of Syria to any foreign person operating in an area directly or indirectly controlled by the Government of Syria or foreign forces associated with the Government of Syria; ; in subparagraph (D), by striking ; or and inserting a semicolon; in subparagraph (E)— by striking construction or engineering services and inserting construction, engineering, or commercial financial services ; and by striking the closing period and inserting a semicolon; and by adding at the end the following new subparagraphs: purposefully engages in or directs— the diversion of goods (including agricultural commodities, food, medicine, and medical devices), or any international humanitarian assistance, intended for the people of Syria; or the dealing in proceeds from the sale or resale of such diverted goods or international humanitarian assistance, as the case may be; knowingly, directly or indirectly, engages in or attempts to engage in, the seizure, confiscation, theft, or expropriation for personal gain or political purposes of property, including real property, in Syria or owned by a citizen of Syria; knowingly, directly or indirectly, engages in or attempts to engage in a transaction or transactions for or with such seized, confiscated, stolen, or expropriated property described in subparagraph (G); or knowingly provides significant financial, material, or technological support to a foreign person engaging in an activity described in subparagraph (A). ; and by adding at the end the following new paragraphs: For purposes of the determination required by subparagraph (a)(2)(A), the term transaction includes in-kind transactions. In this section: The term commercial financial services means any transaction between the Government of Syria and a foreign bank or foreign financial institution operating in an area under the control of the Government of Syria that has a valuation of more than $5,000,000. The term financial institution means a financial institution specified in any of subparagraphs
(A)through (K), (M), (N), (P), (R), (T), (Y), or
(Z)of section 5312(a)(2) of title 31, United States Code. In this section, the term ‘significant transaction’ includes any natural gas, electricity, or other energy-related transaction. ; and by adding at the end the following new subsection: Not later than 120 days after receiving a request from the chairman and ranking member of one of the appropriate congressional committees with respect to whether a foreign person knowingly engages in an activity described in subsection (a)(2) the President shall— make the determination specified in subsection (a)(1) with respect to that foreign person; and submit to such chairman and ranking member that submitted the request a report with respect to such determination that includes a statement of whether the President has imposed or intends to impose the sanctions described in subsection
(b)with respect to that foreign person. . Section 7438 of the Caesar Syria Civilian Protection Act of 2019 is amended by striking the date that is 5 years after the date of the enactment of this Act and inserting December 31, 2032 . Not later than 120 days after the enactment of this Act, the President shall— determine whether the nonprofit organization chaired by Asma Al-Assad, the First Lady of Syria, known as the Syria Trust for Development meets the criteria for the imposition of sanctions— under section 7412(a) of the Caesar Syria Civilian Protection Act of 2019, as amended by subsection (a); under Executive Order No. 13894 (84 Fed. Reg. 55851; relating to blocking property and suspending entry of certain persons contributing to the situation in Syria); or by nature of being owned or controlled by a person designated under any executive order or regulation administered by the Office of Foreign Assets Control; and submit to the appropriate congressional committees each such determination, including a justification for the determination. The determination under paragraph (1)(B) shall be submitted in unclassified form, but the justification specified in such paragraph may be included in a classified annex. The unclassified determination shall be made available on a publicly available website of the Federal government. Paragraph
(1)may not be construed to create any new authorities or requirements to impose sanctions on the importation of goods. In this section, the term appropriate congressional committees means— the Committee on Armed Services, the Committee on Foreign Affairs, and the Committee on Financial Services of the House of Representatives; and the Committee on Armed Services, the Committee on Foreign Relations and the Committee on Banking, Housing, and Urban Affairs of the Senate. Congress finds the following: In 2013, the President identified Syrian Arab Airlines as a blocked instrumentality or controlled entity of the Government of Syria and concurrently sanctioned Syrian Arab Airlines pursuant to Executive Order No. 13224 for acting for or on behalf of the Islamic Revolutionary Guard Corps-Qods Force of Iran. In 2016, the President sanctioned Syria-based Cham Wings Airlines pursuant to Executive Order No. 13582 for having materially assisted, sponsored, or provided financial, material, or technological support for, or goods or services in support of, the Government of Syria and Syrian Arab Airlines. Section 7412(a)(2)(A)(iii) of the Caesar Syria Civilian Protection Act of 2019 ( 22 U.S.C. 8791 note) mandates the application of sanctions against any foreign person that knowingly provides significant financial, material, or technological support to, or knowingly engages in a significant transaction with * * * a foreign person subject to sanctions pursuant to the International Emergency Economic Powers Act ( , which applies to airport service providers outside of Syria. 50 U.S.C. 1701 et seq. ) with respect to Syria or any other provision of law that imposes sanctions with respect to Syria, If any provision of this Act, or the application of such provision to any person or circumstance, is found to be unconstitutional, the remainder of this Act, or the application of that provision to other persons or circumstances, shall not be affected.
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Sec. 2
Modifications to the Caesar Syria Civilian Protection Act
Fed. Reg.84 FR 55851
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