Sec. 6. DESCRIPTION OF SANCTIONS
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## SEC. 6 DESCRIPTION OF SANCTIONS ###
(a)In General The sanctions to be imposed on a sanctioned person under section 5 are as follows: ####
(1)Export-import bank assistance for exports to sanctioned persons 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 any sanctioned person. ####
(2)Export sanction The President may order the United States Government not to issue any specific license and not to grant any other specific permission or authority to export any goods or technology to a sanctioned person under— ######
(i)the Export Administration Act of 1979; ######
(ii)the Arms Export Control Act; ######
(iii)the Atomic Energy Act of 1954; or ######
(iv)any other statute that requires the prior review and approval of the United States Government as a condition for the export or reexport of goods or services. ####
(3)Loans from united states financial institutions The United States Government may prohibit any United States financial institution from making loans or providing credits to any sanctioned person totaling more than $10,000,000 in any 12-month period unless such person is engaged in activities to relieve human suffering and the loans or credits are provided for such activities. ####
(4)Prohibitions on financial institutions The following prohibitions may be imposed against a sanctioned person that is a financial institution: #####
(A)Prohibition on designation as primary dealer Neither the Board of Governors of the Federal Reserve System nor the Federal Reserve Bank of New York may designate, or permit the continuation of any prior designation of, such financial institution as a primary dealer in United States Government debt instruments. #####
(B)Prohibition on service as a repository of government funds Such financial institution may not serve as agent of the United States Government or serve as repository for United States Government funds. The imposition of either sanction under subparagraph
(A)or
(B)shall be treated as 1 sanction for purposes of section 5, and the imposition of both such sanctions shall be treated as 2 sanctions for purposes of section 5. ####
(5)Procurement sanction The United States Government may not procure, or enter into any contract for the procurement of, any goods or services from a sanctioned person. ####
(6)Foreign exchange The President may, 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 sanctioned person has any interest. ####
(7)Banking transactions The President may, pursuant to such regulations as the President may prescribe, prohibit any transfers of credit or payments between 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 sanctioned person. ####
(8)Property transactions The President may, pursuant to such regulations as the President may prescribe, prohibit any person from— #####
(A)acquiring, holding, withholding, using, transferring, withdrawing, transporting, importing, or exporting any property that is subject to the jurisdiction of the United States and with respect to which the sanctioned person has any interest; #####
(B)dealing in or exercising any right, power, or privilege with respect to such property; or #####
(C)conducting any transaction involving such property. ####
(9)Ban on investment in equity or debt of sanctioned person The President may, pursuant to such regulations or guidelines as the President may prescribe, prohibit any United States person from investing in or purchasing significant amounts of equity or debt instruments of a sanctioned person. ####
(10)Exclusion of corporate officers 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, any alien that the President determines is a corporate officer or principal of, or a shareholder with a controlling interest in, a sanctioned person. ####
(11)Sanctions on principal executive officers The President may impose on the principal executive officer or officers of any sanctioned person, or on persons performing similar functions and with similar authorities as such officer or officers, any of the sanctions under this subsection. ####
(12)Additional sanctions The President may impose sanctions, as appropriate, to restrict imports with respect to a sanctioned person, in accordance with the International Emergency Economic Powers Act (50 U.S.C. 1701 and following). ###
(b)Additional Measure Relating to Government Contracts ####
(1)Modification of federal acquisition regulation #####
(A)Certifications relating to activities described in section 5 Not later than 90 days after the date of the enactment of the Comprehensive Iran Sanctions, Accountability, and Divestment Act of 2010, the Federal Acquisition Regulation shall be revised to require a certification from each person that is a prospective contractor that the person, and any person owned or controlled by the person, does not engage in any activity for which sanctions may be imposed under section 5. #####
(B)Certifications relating to transactions with iran's revolutionary guard corps Not later than 120 days after the date of the enactment of the Iran Threat Reduction and Syria Human Rights Act of 2012, the Federal Acquisition Regulation shall be revised to require a certification from each person that is a prospective contractor that the person, and any person owned or controlled by the person, does not knowingly engage in a significant transaction or transactions with Iran's Revolutionary Guard Corps or any of its officials, agents, or affiliates the property and interests in property of which are blocked pursuant to the International Emergency Economic Powers Act (50 U.S.C. 1701 et seq.). ####
(2)Remedies #####
(A)In general If the head of an executive agency determines that a person has submitted a false certification under paragraph
(1)on or after the date on which the applicable revision of the Federal Acquisition Regulation required by this subsection becomes effective, the head of that executive agency shall terminate a contract with such person or debar or suspend such person from eligibility for Federal contracts for a period of not less than 2 years. Any such debarment or suspension shall be subject to the procedures that apply to debarment and suspension under the Federal Acquisition Regulation under subpart 9.4 of part 9 of title 48, Code of Federal Regulations. #####
(B)Inclusion on list of parties excluded from federal procurement and nonprocurement programs The Administrator of General Services shall include on the List of Parties Excluded from Federal Procurement and Nonprocurement Programs maintained by the Administrator under part 9 of the Federal Acquisition Regulation each person that is debarred, suspended, or proposed for debarment or suspension by the head of an executive agency on the basis of a determination of a false certification under subparagraph (A). ####
(3)Clarification regarding certain products The remedies set forth in paragraph
(2)shall not apply with respect to the procurement of eligible products, as defined in section 308(4) of the Trade Agreements Act of 1974 (19 U.S.C. 2518(4)), of any foreign country or instrumentality designated under section 301(b) of that Act (19 U.S.C. 2511(b)). ####
(4)Rule of construction This subsection shall not be construed to limit the use of other remedies available to the head of an executive agency or any other official of the Federal Government on the basis of a determination of a false certification under paragraph (1). ####
(5)Waivers The President may on a case-by-case basis waive the requirement that a person make a certification under paragraph
(1)if the President determines and certifies in writing to the appropriate congressional committees, the Committee on Armed Services of the Senate, and the Committee on Armed Services of the House of Representatives, that it is essential to the national security interests of the United States to do so. ####
(6)Definitions In this subsection: #####
(A)Executive agency The term “**executive agency**” has the meaning given that term in section 133 of title 41, United States Code. #####
(B)Federal Acquisition Regulation The term “**Federal Acquisition Regulation**” means the regulation issued pursuant to section 1303(a)(1) of title 41, United States Code. ####
(7)Applicability #####
(A)Certifications relating to activities described in section 5 The revisions to the Federal Acquisition Regulation required under paragraph (1)(A) shall apply with respect to contracts for which solicitations are issued on or after the date that is 90 days after the date of the enactment of the Comprehensive Iran Sanctions, Accountability, and Divestment Act of 2010. #####
(B)Certifications relating to transactions with iran's revolutionary guard corps The revisions to the Federal Acquisition Regulation required under paragraph (1)(B) shall apply with respect to contracts for which solicitations are issued on or after the date that is 120 days after the date of the enactment of the Iran Threat Reduction and Syria Human Rights Act of 2012.
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