(GAVAISIROYCEROYCE,033 XML. oes HER, "Po expand sanetions against Ian wih respect to the Ulli mse program ‘of Ian, ea for other ross, IN THE HOUSE OF REPRESENTATIVES Mr. Rover of California (or himself and Mr. ENGEL) introdueed the fl. lowing bil whieh was refered tothe Committee on ‘To expand sametions against Iran with respect to the ballistic missile program of Inn, and for other purposes. 1 Be it enacted by the Senate and House of Representa- 2 tives of the United States of America in Congress assembled, 3. SECTION 1. SHORT'TITLE. 4 ‘This Act may be cited as the “Iran Ballistic Missiles 5 and International Sanetions Enforeement Act”. uni nawacacane? oem (eseasre, Nr, a7 6pm)(G34 SROYCRROYCE, 025 XMI. 1 SEC. 2 SANCTIONS RELATING TO EFFORTS BY THE GOV- 2 ERNMENT OF IRAN WITH RESPECT TO BAL- 3 LISTIC MISSILE-RELATED GOODS, SERVICES, 4 AND TECHNOLOGIES 5 (@) FINDINGS —Congress finds the following: 6 (1) United Nations Seensity Comneil Resolution 7 2381 (2015)— 8 (A) calls upon Tran “not to undertake any 9 activity related to ballistic missiles designed to 10 be capable of delivering nuclear wexpons, ine I eluding launches using such ballistic. missile 12 teclmology”; and 13 (B) call upon member states to “take the 4 necessary measures to prevent, except as de- 15 cided otherwise by the UN Security Council in 16 advance on a ease-by-ense basis, the supply, 7 sale, or transfer of arms or related materiel 18 from Tran’ 19 (2) The United States maintains bilateral same- 20 jons against Iran for its efforts to manufacture, ac 21 quire, possess, develop, transport, transfer or use 22 ballistic. missiles or ballistic missile launch tech- 23 nology, and its acquisition of destabilizing types and 24 amounts of conventional weapons. 25 (8) According to the 2016 Worldwide ‘Threat 26 Assessment, the United States intelligence commu- Nomnaa.c017 apm) (esr)‘GxMnSROYCEROYCE.025XML 19 20 aa 2 23 4 25 nity judges “that ‘Telran would choose ballistie mis- siles as its preferred method of delivering naclear ‘weapons, if it builds them, Iran's ballistic missiles are inherently capable of delivering [weapons of mass destruction], id Tehran already has the lang- est inventory of ballistic missiles in the Middle Bast. Iran's progress on space launch vehicles—along with its desire to deter the United States and its allies— provides ‘Teliran with the means and motivation to ding ICBMs.” develop longer-rang missiles i (4) Since the passage of United Nations Seex- Council 2231, Tran has conducted numerous tests of ballistic missiles designed to be eapaste of deliver ig mel wr weapons, and has aeguired desta- Dilizing types of conventional weapons, (6) I thas pursued the ability to indigenously produce ballistie missile and eruise missile goods, services, and technologies. (b) Srareae oF Pouicy- It is the poliey of the United States to prevent Iran from unde cing any activ ity relnted to bulliste missiles designed to be eapable of Aotivering nuclear weapons, including launehes using sues Dallstie missile teehnoogy. (6) Reporr ox Surpty City oF Inay’s Batarstic NUSSILE Progra. — ewaLcucesrnasenrssexm 520575) och. 2517 6pm)‘Gxyns\ROYCEROYCE.023 XM. 4 1 (1) Ey GENERAL, —Not Inter than 90 days after 2 the date of the enactment of this Act, the President: 3 shall submit to the appropriate congressional come 4 mittoes a report that contains the following: 5 (A) An analysis of the foreign and domes 6 tie supply chain in Tran that diveetly or indie 7 reatly significantly facilitates, supports, or otl- 8 envise aids the Government of Iran's ballistic 9 rissile program. 10 (B) A deseription of the goographi u tribution of the fore 2 eluain deseribed in subpa 3 (©) An asse “4 Iran's ability to indigenously manufacture or 1s otherwise produce the goods, services, or tee 16 nology’ necessiny’ to support its ballistic missile 7 program. 18 (D) An identification of foreign persons 19 tat have, based on eredible information, di- 20 rely or indiveetiy facilitated or supported the 2 evelopment of the Government of Tran’s bal n liste missile program, ineluding the forvgn and 23 domestie supply chain deseribed in subpara- 4 smaph (A). RAM NAAAINAUAIT 9 vd (BETS) Mao 23 2017 (8 pn‘on4nsiROYCEROYCE.025XML (2) Forst—The report required under para graph (1) shall be submitted in unclassified form, but may contain a classified ames. (a) Invesriearioxs—Seetion (4)(0) of the Inm Sanctions Act of 1996 (Publie Law 104-172; 50 U.S.C. 1701 note) is amended by inserting “or 5(b)” after “see- tion 5(a)” ench place it appears. (©) SaNcTIONaBL Actrvrries Winn Resrscr To Weare 5 OF Mass Destructrox.—Paragraph i1) of section 5(b) of the Tran Sanctions Act of 1996 (Publie ‘Law 104-172; 50 U.S.C. 1701 note) is amended— (1) im the heading, by striking “Exrowns, ‘TRANSPERS, AND TRANSSINPMENTS” and ins rting “WEAPONS OF MASS DESTRUCTION; BALLISTIC 31S- SILBS; CONVENTIONAL WEAPONS"; (2) by striking “Bxeept as” and inserting the following: “(A) Wearons oF Mass DESTRUCTION — Except as”; (8) by striking “(A) on or after the date of the enactment of the Irn Threat Reduction ad Syria Human Rights Act of 2012” and inserting the fol- lowing: wateasesinasent end (69578) an, 201 (346 pm(GAMNISIROYCEROYCE_623XML 6 (i) on or after the date of the enaet- ment of the Iran Ballistic Missiles and International Sanctions Enforeemont Act; (4) by st ig “and” at the end of subpara- graph (A)(i) (as 80 redesignated); (5) by striking “(B) knew" and inserting the following: i) knew”; (6) by striking “(i) the export” and inserting the following: (1) the expo (1) by striking “would Tikely” and insorting, (8) by striking “(i) the export and inserting the following: “€D) the export”; (9) by striking “(1) acquire” and inserting. the following: (aa) acquire”; (10) by striking “; or” at the end of subpara- raph (AYG(D (aa) (as so redesignated); (1) by inserting after subparagraph {A)GI)CID)(aa) (as s0 redesignated) the following: ewvavowaesrracenr sean (628575) och 232017388 pm)GAMAISIROYCEROVCE.023 XML 7 1 (bb) acquire or develop bal- 2 missiles or ballistic missile 3 launch technologies; oF” 4 (12) by striking “(ID) acquire” and inserting 5 the following: 6 (ee) acquire’ 7 (18) by striking the period at the end of sub- 8 paragraph (ANG)(ED(ce) (as so redesignated) and 9 inserting “5 and”; and 10 (14) by adding at the end of subparagraph (A) 11 the following: 12 “Gi knowingly exports or transfers, 13 or permits or otherwise facilitates the 14 transshipment or re-export of, any goods, 15 serviees, technology, or other items to Iran 16 that materially contributes to the ability of 7 ran to— 18 “(acquire or develop balls 19 missiles or allistie missile launch 20 teelmologies; or a “€I1) aequire or develop desta- 2 Dilizing mumbers and types of ad- 23 ‘vanced conventional weapons (as st oy term is defined in parngraphs (1) and 25 (2) of scetion 1608 of the Iran-Lraq ewwacomorreazn7ssaxm ssn) ar 23,2077 8pm)‘G:MnSROYCEROYCE.O73 XML, 8 1 Arms Non-Proliferation Ac: of 2 1992). 3 (® SaNcrionanLe Acrivrrmes Wrrtt Respect 10 4 Banuastre Mrssttes—Paragraph (1) of seetion 5(b) of 5 the Iran Sanctions Act of 1996 (Public Law 104-172; 50 6 USC. 1701 note), as amended by subsection (e), is fir- 7. ther amended by adding at the end the following: 8 “(B) ApprrioxaL BALLISTIC sMssILE-RE- 9 LATED GOODS, SERVICES, AND TECHNOLOGY — 10 “() ApprtvoxaL avrtiony.—The un President shall impose the smetions de 12 scribed in paragraph (8), (10), or (2) of 13 section Gla), as the ease may be, with re- 4 spect to— 15 “(Dan ages rumentality 16 of the Government of Iran if the 7 agency or instrumentality, on or after 18 the date of the enactment of tis sub- 19 paragraph, secks to develop, procure, 20 or acquire goods, services, or tech ai nology’ that, materially eontribures to 2 efforts by the Government of Tran 2B ‘with respect to ballistie missile-alated 4 goods, services, and technologies as 25 dleseribed in clase (is ‘avgoszarrassrr. 2am 52578) own, 2017 tsp)(GAUNISROYCEROYCE.023 XML Cera een ul 12 13 14 15 16 7 18 19 20 21 2 23 4 25 foe 232017 a 9 “(Da foreign person or am ageney or instrumentality of a foreign state if the person or agengy or in- strumentality: knowingly, on or after the date of the enactment of this paragraph, provides material support to the Government of Tran that mate- vially contributes to efforts by the Government of Iran with respect to Dullistic missile related goods, services, amd teclmologies as desevibed in clause (iis “(I a foreign person that the President determines knowingly en- gages in a significant transietion or transaetions with, or provides signiti- cant finaneial serviees for, a foreign person or an agency” or instrumen- tality of a forvign state deseribed in subelause (1) or (II) with respect. to b listie missile-related! goods, serv and technologies as deseribed in clause (ii. “Gi) Deremouxation ox sauuastic MMSSILE TESTS — (620578,GauniswoyceROYCR 023 XMI, aa weaene 10 u nD 1b 4 15 16 1 18 19 20 21 2 23 4 25 ‘March 23, 2017 (248 pm) ses575) 10 “@) Iv op later ‘than 80 days after the date on which the President reecives credible infor mation that the Government of Iran has condeted a test of a ballistic mis- sile, the President shall submit to the Committee on Foreign Affairs of the House of Representatives amd the or the Sounte a determination of whether itee on Foreign Relations of or not the test of stich missile fails to comply with, violates, or is in defiance of United Nations Security Council Resolution 2281 (2015). “(I Revorr— (aa) IN GENERAL—If the President determines pursnant to subelause (I) that the test. of a Dallistie missile fails to comply with, violates, or is in defiance of United Nations Security Couns Resolution 2231 (2015), the Preside shia transmit to the Committee on Foreign Affairs of tho Tlouse of Representatives and‘GanisiROYCEROYCE_023xML ul 1 the Committee on Foreign Rela- 2 tions of the Senate a report 3 that— 4 “(AA) identifies each 5 Inmian person that the 6 President determines is re- 7 sponsible for ordering, eon- 8 trolling, or otherwise direet- 9 ing the missile test deseribed 10 in subelanse (1); n “(BB) determines, 12 whether the persons de- 13 seribed in subitem (AA) 4 Ihave been designated for 1s theiv activities in support of 16 Iran's ballistie missile pro- 7 gram, and if wot, so des- 18, ignated, the reasons there- 19 for; amd 20 (CC) deseribes the au steps the President is taking 2 to respond to the ballistic 23 missile test deseribed in sub- 24 clause (1), ewvaLoasesinauesin sean qeznsre) ‘rch, 2017 4 rm)‘GawsiROYCEROYCE,025.x0ML Mare 29, 2017 rm) 2 (bb) Forat—The report, required by item (aa) shall be submitted in unel form, Dut may contain a classified “(ii) ErroRTS By THE GOVERNMENT OF IRAN WITH RESPECT TO BALLISTIC MISSILE-RELATED GOODS, SERVICES, AND TECHNOLOGIES DESCRIBED—For pur poses of subelanses (I) and (II) of clause (i), efforts by the Government of Iran with respect to ballisti missile-related goods, services, and teclmologies deseribed in this subsection are efforts by the Government of Iran to manufacture, acquire, possess, develop, transport, tra msfer, test or use Dallistie missiles or associated goods, serv ices, or teclnology by the Government of Tran in violation of seetion 3 of Amex B of United Nations Seeuvity Council Resolt- 1 2281 (2016), cluding efforts by the Goverament of Iran to manufacture, ae- quire, possess, develop, transport, transfer, purehase— (waar‘GaN siROYCEROYCE.025.XML_ aun ware 10 u 12 13 4 1s 16 7 18 19. 20 21 2 2B 24 25 13 “() goods, serviees, or tech nology listed on the Missile ‘Tech nology Control Regime Equipment. and ‘Teclology Annex of October 8, 2015, and subsequent. revisions that. Ihave been acquired outside of the Pro- eurement Working Group; or “(ID goods, services, or tech nology not described in the matter preceding subelause (1) or subelause (1) but which nevertheless the Presi- dont determines would be, if such goods, services, or teclmology ware United Stator goods, rorices, oF nology, prohibited for export to Trim, hoeanse of their potential to make a material contribution to the develyp- iment of ballistic missile systems or ballistie missile launch te mologies. (iv) PRocuREMENT WORK! x@ GROUP DEPIN In clause (ii)(1), the ter ‘procurement wor ng group’ means che Procurement Working Gronp of the Jeint Commission established under Annex IV of the applicable provisions in Amex A of ewiecosarraast7 seam (235n8) aro, 201 4p)GAMMISIROVCEROYCE_ 095 X8iL rT 1 United Nations Security Comeil Resolu- 2 tion 2231 (2015). 3 (g) SaxcrionaBLE Acris Wir Respect To 4 Convensi al, WPAPONS.—Paragraph (1) of section 5. 5(b) of the Iran Sanetions Act of 1996 (Publie Law 104— 6 172; 50 U.S.C. 1701 note), ax amended by subsections 7 (@) and (0, is furthor amended hy adding at the end the 8 following: 9 “C) Convernoxa, Ww The 10 President shall impose the sanctions described u in paragraph (8) oF (12) of seetion 6(a), as the 2 cease may be, with respest to a foreign person B or am ageney or instrumentality of a foreign 14 state if the President determines that the per 15 son or ageney or instramentality knowingly, on 16 or after the date of the enaetment of this para- ” graph, imports, exports, or re-exports to, into, 18 or from Ira, whether direstly or indiveety, any 19 significant arms or relted materiel prohibited 20 under Ames B of United Nations Scewrity 21 Council Resolution 2281 (2025).”. 22 (h) Excgprioy axp Darmirioxs—Paragraph (1) 23 of section 5(b) of the Iran Sanctions Act of 1996 (Public 24 Law 104-172; 50 U.S.C. 1701 note), as amended by sub- eavicesesrrosenrsiexnd 528575) Narch23.207 Ge pm)xNnSROYCEROYCE.023 XML 16 1 sections (c), (f), and (g), is further amended by adding 2. at the end the following: ‘aon 23 2017 (8m) “(D) B impose sanctions under subparagraph (B) o ciPTION.—The President may not. (©) with respest toa foreign person or a United States person if the President determines that the person lias exereised due diligence in estab- lishing and enforeing official policies rove- dures, and controls to ensure that the person oes not sell, supply, or transfer to or trom Tran materials the sale, supply, or transfer of which would subject a person to the imposition of netions under subparagraph (B) or (C), as the ease may be, or conduct or facilitate a fi nancial transaction for sueh a sale, supply transfor “(B) Deriwrri0n Ln subparagraphs (B) and (©) of this paragraph: “(@)AGENey OR INSTRUDIEN ‘The term ‘agency or instramar tality’ has the meaning given such term in section 1603(b) of title 28, United States Code, “Gi) Foreion stare.—The term forvign state’ has the meaning given sueh ceca)(GaynisiROYCEROYCE. 023.2081 16 1 term in section 1603(a) of title 28, United 2 * states Code, 3 “Gil) GoveRsMENT oF IRAN.—The 4 term ‘Government of Iran’ has the mean- 5 ing given such term in section 561.404 of 6 title 81, Code of Federal Regulations, as 1 such section was in effect on Jamuary 1, 8 2016, 9 (iv) StoN1 \eTION. OR 10 TRANSACTIONS; SIGNIFICANT FINANCIAL u SERVICES.—Tho terms ‘signifieant trans- 12 ‘action or transaetions’ and ‘significant. fi 13 nancial services? shall be determined, for 14 purposes of sections 101 and 102, in ace 15 condanee with section 561.404 of title 31, 16 Code of Federal Regulations, as such see- 7 tion 561.404 was in effect on January 1, 18 2016.", 19 (i) Sanctions DescrtmeD—Seetion 6a) of the Ira 20 Sanetions Act of 1996 (Public Law 104-172; 50 U.S.C. 21 1701 note) is amended— 2 (1) by striking paragraph (10) and inserting 23 the follwing: 24 (10) INapynssiptuiry To UNITED 25 ‘The President may diveet the Secretary of State to ewvmvocecsinasenrssexd (828575) arch, 2017 (240 pm)‘GAMMSIROYCEROYCE,025.x0ML vw a visa to, and the Secretary of Homeland Secu- to exelude from the United States and, if the dividual has been issued a visa or other documenta. tion, revoke, in accordance with seetion 221i) of tl y Act (8 U.S.C. 1201(9) Immigration and Nation of the visa or other documentation any alien that— “(A) is designated pursuant: to subpara- graph (B) or (C) of section 5(b)(1); or “(B) the President, determines is a cor orate officer or prineipal of, or a shareholder with a controlling interest in, a sanetioned per (2) by redesignating paragraph (12) as par sraph (13); and (3) by inserting after paragraph (11) the fol loving (12) EXpoRT saNerion—In the ease of an nr instrumentality of a foreign state, no item on the United States Munitions List or Commerce Munitions List may be exported to that foreign state for a period of two years.”, () Rui oF Co: ‘The sunetions that 23 are required to be imposed under this seetion and the 24 amendments made by this seetion are in addition to other aun camonensens7 seve 4500575) arc 2 Sor fan)GiMaNsROYCEROYCE.023ML 18 1 similar or related sanctions that are required to be im- 2 posed under any other provision of 3. SEC. 3. REPORT ON SANCTIONABLE ACTIVITIES. 4 (a) Ix GeNerar.—Not later than 120 day the 5 date of the enactment of this Act, and every 90 day's there- 6 after, the President shall submit to the appropriate co 7. gressional committees a report that: contains the followi 8 information: 9 (1) Any credible information regarding Iran’s 10 attempts to develop, procure, or aequire goods, ser 11 ees, or teclmology with respect to which sanctions 12 may be imposed pursuant to subparagraphs (B) and 13 (C) of section 5(b)(1) of the Tran Sanctions Act of 14 1996 (Publie Law 104-172; 50 U.S.C. 1701 note), 15 as ndded by seetion 8 of this Act. 16 (2) Any credible information regarding: Iran's 17 aequisition or attempted acquisition of siguificant 18 arms and related material in violation of paragraph 19 5 of Annex B of United Nations Security Council 20 Resolution 2231 (2015), a (3) Any eredible information regarding Iran's 22 export or attempted export of significant arms and 23 related material in violation of paragraph 5 of 24 Annes B of United Nations Seeurity Coumeil Resoh 25 tion 2281 (2015) ‘ewwcasarroscarasexnt sense) Maen 20.207 apm)(GAMSIROYCEROVCE, 025 XML 21 2 2B 24 19 (4) Any approval granted by the United Na- tions Security Council for the export. of significant. ms and related material identified under para- graph 5 of Annex B of United Nations Sec Council Resolution 2231 (2015), (b) Fora.—The report required by subsection (a) shall be submitted in unclassified form, but: may contain a classified annex, SEC. 4. REGULATORY AUTHORITY. (a) IX GeNRAL—The President shall, not later than 120 days after the date of the enactment of this Act, promulgate regulations as neeesswy’ for the implementa- tion of this Act and the amendments made by this Act. (b) Noriricarioy To CoxGzEss.—Not less than 10 days before the promulgation of regulations under sub- section (a), th President shall notify the appropriate eon- gressional committees of the proposed regulations and the provisions of this Aet and the amendments made by this Act that the regulations are implementing. SEC. 6, DEFINITIONS. In this Aet (1) APPROPRIATE CONGRESSIONAL commer ‘TeES.—The term “appropriate congressional com- rittees”” means the Committee on Foreign Aftiirs of | Cewvavocaestrencrrssexnd 9820575) Mona, im)GAMAISROYCEROYCE.0235ML ee rab e ene 10 u 20 the House of Representatives and the Committee on Foreign Relations of the Senate, (2) CrepIBLe INFORMATION. —The term “ered ible information” has t ing given such term in section 14 of the Iman Sanetions Act of 1996 (Publie Law 104-172; 50 U.S.C. 1701 note). (3) GoveRNMENT oF 1RAN—The term “Gov- ernment of Iran’ has the meming given such term in section 561.404 of title 31, Code of Federal Reg- ulations, as such sestion was in effect. on January 1, 2016. ivicosarreaar7sseam — qaaeens) Schon sor feaep)