Sec. 4. 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, the President shall impose the sanctions required under subsection

(c)with respect to any foreign person and any 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 any person described in subsection (b); or directly or indirectly, materially engages in a significant transaction with any person described in subsection (b). A person described in this subsection 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 the Al-Aqsa Martyr’s Brigade, Lion’s Den, or any other entity that the President determines is part of the terrorist infrastructure in the West Bank and Gaza; 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 any of the activities of, knowingly engage in a significant transaction with, or provide financial or material support for Hamas, the Palestinian Islamic Jihad, any affiliate or successor thereof, or any person described in subparagraph

(A)or (B); or knowingly provides or has provided material assistance, financial or material support, or goods or services that directly or indirectly supports the terrorist activities of any foreign person described in subparagraph

(A)or (B). Not later than 60 days after the date of the enactment of this Act, and not later than 180 days thereafter, the President shall issue regulations or other guidance to identify the persons described in this subsection. With respect to a foreign person subject to sanctions under subsection (a), the President shall 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 the foreign 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. With respect to an agency or instrumentality of a foreign state subject to sanctions under subsection (a), the President shall impose 2 or more of 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 agency or instrumentality, and the Export-Import Bank of the United States shall comply with any such direction. The President may prohibit the sale of any defense articles, defense services, or design and construction services under the Arms Export Control Act ( 22 U.S.C. 2751 et seq. ) to the agency or instrumentality. The President may prohibit the issuance of licenses for export of any item on the United States Munitions List under section 38(a)(1) of the Arms Export Control Act ( 22 U.S.C. 2778(a)(1) ) that include the agency or instrumentality as a party to the license. The President may prohibit the export of any goods or technologies controlled for national security reasons under the Export Administration Regulations under subchapter C of chapter VII of title 15, Code of Federal Regulations, or successor regulations, to the agency or instrumentality, 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. 3091 et seq. ). The President may prohibit any United States financial institution from making loans or providing any credit or financing totaling more than $10,000,000 to the agency or instrumentality, 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. 3091 et seq. ); the provision of medicines, medical equipment, and humanitarian assistance; or 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 the agency or instrumentality 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. Not later than 60 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 is subject to sanctions under subsection

(a)pursuant to the criteria set forth in that subsection, the President shall— determine if the person meets those criteria; and submit a classified or unclassified report to such chairman and ranking member with respect to the determination under paragraph

(1)that includes a statement of whether or not the President has imposed or intends to impose sanctions with respect to that 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 prescribed under section 7(b) to carry out paragraph

(1)or (2)(F) of subsection

(c)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 paragraphs

(1)and (2)(F) of subsection (c). The President shall not be required to impose sanctions under this section with respect to a foreign person or an agency or instrumentality of a foreign state if the President certifies in writing to the appropriate congressional committees that— the foreign person or agency or instrumentality (as the case may be)— is no longer carrying out activities or transactions subject to sanctions under this section; or has taken and is continuing to take significant verifiable steps toward terminating activities or transactions subject to sanctions under this section; and the President has received reliable assurances from the foreign person or agency or instrumentality (as the case may be) that it will not carry out any activities or transactions subject to sanctions under this section 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 this section 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 this section with respect to a foreign person or an agency or instrumentality of a foreign state 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. 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. 4

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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