Sec. 5. Imposition of sanctions with respect to foreign governments that provide material support for the terrorist activities of 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 every 180 days thereafter, the President shall submit to the appropriate congressional committees a report that identifies the following: Each government of a foreign country that— the Secretary of State determines has repeatedly provided support for acts of international terrorism pursuant to section 1754(c) of the Export Control Reform Act of 2018 ( 50 U.S.C. 4813(c) ), section 40 of the Arms Export Control Act ( 22 U.S.C. 2780 ), section 620A of the Foreign Assistance Act of 1961 ( 22 U.S.C. 2371 ), or any other provision of law; and the President determines has provided direct or indirect material support for the terrorist activities of Hamas, the Palestinian Islamic Jihad, or any affiliate or successor thereof.
Each government of a foreign country that— is not identified under subparagraph (A); and the President determines knowingly engaged in a significant transaction that contributes to the efforts by the government of a foreign country described in subparagraph (A)(i) to provide direct or indirect material support for the terrorist activities of Hamas, the Palestinian Islamic Jihad, or any affiliate or successor thereof. Each report submitted under paragraph
(1)shall be submitted in unclassified form but may contain a classified annex. The President shall impose the following sanctions with respect to each government of a foreign country identified under subparagraph
(A)or
(B)of subsection (a)(1): The United States Government shall suspend, for a period of one year, United States assistance to the government of the foreign country. The Secretary of the Treasury shall instruct the United States Executive Director to each appropriate international financial institution to oppose, and vote against, for a period of one year, the extension by that institution of any loan or financial or technical assistance to the government of the foreign country. No 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) ) or the Commerce Control List set forth in Supplement No. 1 to part 774 of title 15, Code of Federal Regulations (or any successor list), may be exported to the government of the foreign country for a period of one year. The President shall impose the following additional sanctions with respect to each government of a foreign country identified under subsection (a)(1)(A): The President shall, pursuant to such regulations as the President may prescribe, prohibit any transactions in foreign exchange that are subject to the jurisdiction of the United States and in which the government of the foreign country has any interest. The President shall, pursuant to such regulations as the President may prescribe, prohibit any transfers of credit or payments between one or more financial institutions or by, through, or to any financial institution, to the extent that such transfers or payments are subject to the jurisdiction of the United States and involve any interest of the government of the foreign country. The President shall not be required to impose sanctions with respect to the government of a foreign country pursuant to subsection (b)— with respect to materials intended to be used by military or civilian personnel of the Armed Forces of the United States at military facilities in the country; or if the application of such sanctions would prevent the United States from meeting the terms of any status of forces agreement to which the United States is a party. The following activities shall be exempt from sanctions under this section: The conduct or facilitation of a transaction for the sale of agricultural commodities, food, medicine, or medical devices to a foreign government described in subsection
(a)that is not otherwise subject to the export control laws of the United States. The provision of humanitarian assistance to a foreign government described in subsection(a), including engaging in a financial transaction relating to humanitarian assistance or for humanitarian purposes or transporting goods or services that are necessary to carry out operations relating to humanitarian assistance or humanitarian purposes. 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)or
(c)to impose or maintain sanctions with respect to a foreign government identified pursuant to subparagraph
(A)or
(B)of subsection (a)(1) 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 of the President under this subsection shall terminate on the date that is 2 years after the date of the enactment of this Act. The authority to impose sanctions under subsection
(b)or
(c)with respect to each government of a foreign country identified pursuant to subparagraph
(A)or
(B)of subsection (a)(1) is in addition to the authority to impose sanctions under any other provision of law with respect to governments of foreign countries that provide material support to foreign terrorist organizations designated pursuant to section 219 of the Immigration and Nationality Act ( 8 U.S.C. 1189 ). The President may terminate any sanctions imposed with respect to the government of a foreign country under subsection
(b)or
(c)if the President determines and notifies the appropriate congressional committees that the government of the foreign country is no longer carrying out activities or transactions for which the sanctions were imposed and has provided assurances to the United States Government that it will not carry out those activities or transactions in the future. This section shall take effect on the date of the enactment of this Act and apply with respect to activities and transactions described in subparagraph
(A)or
(B)of subsection (a)(1) that are carried out on or after such date of enactment.
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Sec. 5
Imposition of sanctions with respect to foreign governments that provide material support for the terrorist activities of Hamas, the Palestinian Islamic Jihad, or any affiliate or successor thereof
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