[109th Congress Public Law 293]
[From the U.S. Government Printing Office]
[DOCID: f:publ293.109]
[[Page 1343]]
IRAN FREEDOM SUPPORT ACT
[[Page 120 STAT. 1344]]
Public Law 109-293
109th Congress
An Act
To hold the current regime in Iran accountable for its threatening
behavior and to support a transition to democracy in Iran. <<NOTE: Sept.
30, 2006 - [H.R. 6198]>>
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress <<NOTE: Iran Freedom Support
Act. 50 USC 1701 note.>> assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Iran Freedom Support Act''.
SEC. 2. TABLE OF CONTENTS.
The table of contents for this Act is as follows:
Sec. 1. Short title.
Sec. 2. Table of contents.
TITLE I--CODIFICATION OF SANCTIONS AGAINST IRAN
Sec. 101. Codification of sanctions.
TITLE II--AMENDMENTS TO THE IRAN AND LIBYA SANCTIONS ACT OF 1996 AND
OTHER PROVISIONS RELATED TO INVESTMENT IN IRAN
Sec. 201. Multilateral regime.
Sec. 202. Imposition of sanctions.
Sec. 203. Termination of sanctions.
Sec. 204. Sunset.
Sec. 205. Technical and conforming amendments.
TITLE III--PROMOTION OF DEMOCRACY FOR IRAN
Sec. 301. Declaration of policy.
Sec. 302. Assistance to support democracy for Iran.
TITLE IV--POLICY OF THE UNITED STATES TO FACILITATE THE NUCLEAR
NONPROLIFERATION OF IRAN
Sec. 401. Sense of Congress.
TITLE V--PREVENTION OF MONEY LAUNDERING FOR WEAPONS OF MASS DESTRUCTION
Sec. 501. Prevention of money laundering for weapons of mass
destruction.
TITLE I--CODIFICATION OF SANCTIONS AGAINST IRAN
SEC. 101. <<NOTE: 50 USC 1701 note.>> CODIFICATION OF SANCTIONS.
(a) Codification of Sanctions.--Except as otherwise provided in this
section, United States sanctions with respect to Iran imposed pursuant
to sections 1 and 3 of Executive Order No. 12957, sections 1(e), (1)(g),
and (3) of Executive Order No. 12959, and sections 2, 3, and 5 of
Executive Order No. 13059 (relating to exports
[[Page 120 STAT. 1345]]
and certain other transactions with Iran) as in effect on January 1,
2006, shall remain in effect. <<NOTE: Deadline.>> The President may
terminate such sanctions, in whole or in part, if the President notifies
Congress at least 15 days in advance of such termination. In the event
of exigent circumstances, the President may exercise the authority set
forth in the preceding sentence without regard to the notification
requirement stated therein, except that such notification shall be
provided as early as practicable, but in no event later than three
working days after such exercise of authority.
(b) No Effect on Other Sanctions Relating to Support for Acts of
International Terrorism.--Nothing in this Act shall affect any United
States sanction, control, or regulation as in effect on January 1, 2006,
relating to a determination under section 6(j)(1)(A) of the Export
Administration Act of 1979 (50 U.S.C. App. 2405(j)(1)(A)), section
620A(a) of the Foreign Assistance Act of 1961 (22 U.S.C. 2371(a)), or
section 40(d) of the Arms Export Control Act (22 U.S.C. 2780(d)) that
the Government of Iran has repeatedly provided support for acts of
international terrorism.
TITLE II--AMENDMENTS TO THE IRAN AND LIBYA SANCTIONS ACT OF 1996 AND
OTHER PROVISIONS RELATED TO INVESTMENT IN IRAN
SEC. 201. MULTILATERAL REGIME.
(a) Waiver.--Section 4(c) of the Iran and Libya Sanctions Act of
1996 (50 U.S.C. 1701 note) is amended to read as follows:
``(c) Waiver.--
``(1) In general.--The President may, on a case by case
basis, waive for a period of not more than six months the
application of section 5(a) with respect to a national of a
country, if the President certifies to the appropriate
congressional committees at least 30 days before such waiver is
to take effect that such waiver is vital to the national
security interests of the United States.
``(2) Subsequent renewal of waiver.--If the President
determines that, in accordance with paragraph (1), such a waiver
is appropriate, the President may, at the conclusion of the
period of a waiver under paragraph (1), renew such waiver for
subsequent periods of not more than six months each.''.
(b) Investigations.--Section 4 of such Act (50 U.S.C. 1701 note) is
amended by adding at the end the following new subsection:
``(f) Investigations.--
``(1) In general.--The President should initiate an
investigation into the possible imposition of sanctions under
section 5(a) against a person upon receipt by the United States
of credible information indicating that such person is engaged
in investment activity in Iran as described in such section.
``(2) <<NOTE: Deadline.>> Determination and notification.--
Not later than 180 days after an investigation is initiated in
accordance with paragraph (1), the President should determine,
pursuant to section 5(a), if a person has engaged in investment
activity
[[Page 120 STAT. 1346]]
in Iran as described in such section and shall notify the
appropriate congressional committees of the basis for any such
determination.''.
SEC. 202. IMPOSITION OF SANCTIONS.
(a) Sanctions With Respect to Development of Petroleum Resources.--
Section 5(a) of the Iran and Libya Sanctions Act of 1996 (50 U.S.C. 1701
note) is amended in the heading, by striking ``to Iran'' and inserting
``to the Development of Petroleum Resources of Iran''.
(b) Sanctions With Respect to Development of Weapons of Mass
Destruction or Other Military Capabilities.--Section 5(b) of such Act
(50 U.S.C. 1701 note) is amended to read as follows:
``(b) Mandatory Sanctions With Respect to Development of Weapons of
Mass Destruction or Other Military Capabilities.--The President shall
impose two or more of the sanctions described in paragraphs (1) through
(6) of section 6 if the President determines that a person has, on or
after the date of the enactment of this Act, exported, transferred, or
otherwise provided to Iran any goods, services, technology, or other
items knowing that the provision of such goods, services, technology, or
other items would contribute materially to the ability of Iran to--
``(1) acquire or develop chemical, biological, or nuclear
weapons or related technologies; or
``(2) acquire or develop destabilizing numbers and types of
advanced conventional weapons.''.
(c) <<NOTE: 50 USC 1701 note.>> Effective Date.--The amendments made
by this section shall apply with respect to actions taken on or after
June 6, 2006.
SEC. 203. TERMINATION OF SANCTIONS.
Section 8(a) of the Iran and Libya Sanctions Act of 1996 (50 U.S.C.
1701 note) is amended--
(1) in paragraph (1)(C), by striking ``and'' at the end;
(2) in paragraph (2), by striking the period at the end and
inserting ``; and''; and
(3) by adding at the end the following new paragraph:
``(3) poses no significant threat to United States national
security, interests, or allies.''.
SEC. 204. SUNSET.
Section 13 of the Iran and Libya Sanctions Act of 1996 (50 U.S.C.
1701 note) is amended by striking ``on September 29, 2006'' and
inserting ``on December 31, 2011''.
SEC. 205. TECHNICAL AND CONFORMING AMENDMENTS.
(a) Findings.--Section 2 of the Iran and Libya Sanctions Act of 1996
(50 U.S.C. 1701 note) is amended by striking paragraph (4).
(b) Declaration of Policy.--Section 3 of the Iran and Libya
Sanctions Act of 1996 (50 U.S.C. 1701 note) is amended--
(1) in subsection (a), by striking ``(a) Policy With Respect
to Iran.--''; and
(2) by striking subsection (b).
(c) Termination of Sanctions.--Section 8 of the Iran and Libya
Sanctions Act of 1996 (50 U.S.C. 1701 note) is amended--
(1) in subsection (a), by striking ``(a) Iran.--''; and
(2) by striking subsection (b).
[[Page 120 STAT. 1347]]
(d) Duration of Sanctions; Presidential Waiver.--Section 9(c)(2)(C)
of the Iran and Libya Sanctions Act of 1996 (50 U.S.C. 1701 note) is
amended to read as follows:
``(C) an estimate of the significance of the
provision of the items described in section 5(a) or
section 5(b) to Iran's ability to, respectively, develop
its petroleum resources or its weapons of mass
destruction or other military capabilities; and''.
(e) Reports Required.--Section 10(b)(1) of the Iran and Libya
Sanctions Act of 1996 (50 U.S.C. 1701 note) is amended by striking ``and
Libya'' each place it appears.
(f) Definitions.--Section 14 of the Iran and Libya Sanctions Act of
1996 (50 U.S.C. 1701 note) is amended--
(1) in paragraph (9)--
(A) in the matter preceding subparagraph (A), by--
(i) striking ``, or with the Government of
Libya or a nongovernmental entity in Libya,''; and
(ii) by striking ``nongovenmental'' and
inserting ``nongovernmental''; and
(B) in subparagraph (A), by striking ``or Libya (as
the case may be)'';
(2) by striking paragraph (12); and
(3) by redesignating paragraphs (13), (14), (15), (16), and
(17) as paragraphs (12), (13), (14), (15), and (16),
respectively.
(g) Short Title.--
(1) In general.--Section 1 of the Iran and Libya Sanctions
Act of 1996 (50 U.S.C. 1701 note) is amended by striking ``and
Libya''.
(2) <<NOTE: 50 USC 1701 note.>> References.--Any reference
in any other provision of law, regulation, document, or other
record of the United States to the ``Iran and Libya Sanctions
Act of 1996'' shall be deemed to be a reference to the ``Iran
Sanctions Act of 1996''.
TITLE <<NOTE: 22 USC 2151 note.>> III--PROMOTION OF DEMOCRACY FOR IRAN
SEC. 301. DECLARATION OF POLICY.
(a) In General.--Congress declares that it should be the policy of
the United States--
(1) to support efforts by the people of Iran to exercise
self-determination over the form of government of their country;
and
(2) to support independent human rights and peaceful pro-
democracy forces in Iran.
(b) Rule of Construction.--Nothing in this Act shall be construed as
authorizing the use of force against Iran.
SEC. 302. ASSISTANCE TO SUPPORT DEMOCRACY FOR IRAN.
(a) Authorization.--
(1) In general.--Notwithstanding any other provision of law,
the President is authorized to provide financial and political
assistance (including the award of grants) to foreign and
domestic individuals, organizations, and entities working for
the purpose of supporting and promoting democracy for Iran. Such
assistance may include the award of grants to eligible
[[Page 120 STAT. 1348]]
independent pro-democracy radio and television broadcasting
organizations that broadcast into Iran.
(2) Limitation on assistance.--In accordance with the rule
of construction described in subsection (b) of section 301, none
of the funds authorized under this section shall be used to
support the use of force against Iran.
(b) Eligibility for Assistance.--Financial and political assistance
under this section should be provided only to an individual,
organization, or entity that--
(1) officially opposes the use of violence and terrorism and
has not been designated as a foreign terrorist organization
under section 219 of the Immigration and Nationality Act (8
U.S.C. 1189) at any time during the preceding four years;
(2) advocates the adherence by Iran to nonproliferation
regimes for nuclear, chemical, and biological weapons and
materiel;
(3) is dedicated to democratic values and supports the
adoption of a democratic form of government in Iran;
(4) is dedicated to respect for human rights, including the
fundamental equality of women;
(5) works to establish equality of opportunity for people;
and
(6) supports freedom of the press, freedom of speech,
freedom of association, and freedom of religion.
(c) Funding.--The President may provide assistance under this
section using--
(1) funds available to the Middle East Partnership
Initiative (MEPI), the Broader Middle East and North Africa
Initiative, and the Human Rights and Democracy Fund; and
(2) amounts made available pursuant to the authorization of
appropriations under subsection (g).
(d) <<NOTE: Deadline.>> Notification.--Not later than 15 days before
each obligation of assistance under this section, and in accordance with
the procedures under section 634A of the Foreign Assistance Act of 1961
(22 U.S.C. 2394-l), the President shall notify the Committee on
International Relations and the Committee on Appropriations of the House
of Representatives and the Committee on Foreign Relations and the
Committee on Appropriations of the Senate.
(e) Sense of Congress Regarding Diplomatic Assistance.--It is the
sense of Congress that--
(1) support for a transition to democracy in Iran should be
expressed by United States representatives and officials in all
appropriate international fora;
(2) officials and representatives of the United States
should--
(A) strongly and unequivocally support indigenous
efforts in Iran calling for free, transparent, and
democratic elections; and
(B) draw international attention to violations by
the Government of Iran of human rights, freedom of
religion, freedom of assembly, and freedom of the press.
(f) Duration.--The authority to provide assistance under this
section shall expire on December 31, 2011.
(g) Authorization of Appropriations.--There is authorized to be
appropriated to the Secretary of State such sums as may be necessary to
carry out this section.
[[Page 120 STAT. 1349]]
TITLE IV--POLICY OF THE UNITED STATES TO FACILITATE THE NUCLEAR
NONPROLIFERATION OF IRAN
SEC. 401. SENSE OF CONGRESS.
(a) Sense of Congress.--It should be the policy of the United States
not to bring into force an agreement for cooperation with the government
of any country that is assisting the nuclear program of Iran or
transferring advanced conventional weapons or missiles to Iran unless
the President has determined that--
(1) Iran has suspended all enrichment-related and
reprocessing-related activity (including uranium conversion and
research and development, manufacturing, testing, and assembly
relating to enrichment and reprocessing), has committed to
verifiably refrain permanently from such activity in the future
(except potentially the conversion of uranium exclusively for
export to foreign nuclear fuel production facilities pursuant to
internationally agreed arrangements and subject to strict
international safeguards), and is abiding by that commitment; or
(2) the government of that country--
(A) has, either on its own initiative or pursuant to
a binding decision of the United Nations Security
Council, suspended all nuclear assistance to Iran and
all transfers of advanced conventional weapons and
missiles to Iran, pending a decision by Iran to
implement measures that would permit the President to
make the determination described in paragraph (1); and
(B) is committed to maintaining that suspension
until Iran has implemented measures that would permit
the President to make such determination.
(b) Definitions.--In this section:
(1) Agreement for cooperation.--The term ``agreement for
cooperation'' has the meaning given that term in section 11 b.
of the Atomic Energy Act of 1954 (42 U.S.C. 2014(b)).
(2) Assisting the nuclear program of iran.--The term
``assisting the nuclear program of Iran'' means the intentional
transfer to Iran by a government, or by a person subject to the
jurisdiction of a government, with the knowledge and
acquiescence of that government, of goods, services, or
technology listed on the Nuclear Suppliers Group Guidelines for
the Export of Nuclear Material, Equipment and Technology
(published by the International Atomic Energy Agency as
Information Circular INFCIRC/254/Rev. 3/Part 1, and subsequent
revisions) or Guidelines for Transfers of Nuclear-Related Dual-
Use Equipment, Material and Related Technology (published by the
International Atomic Energy Agency as Information Circular
INFCIRC/254/Rev. 3/Part 2 and subsequent revisions).
(3) Transferring advanced conventional weapons or missiles
to iran.--The term ``transferring advanced conventional weapons
or missiles to Iran'' means the intentional transfer to Iran by
a government, or by a person subject to the jurisdiction of a
government, with the knowledge and acquiescence of that
government, of--
[[Page 120 STAT. 1350]]
(A) advanced conventional weapons; or
(B) goods, services, or technology listed on the
Missile Technology Control Regime Equipment and
Technology Annex of June 11, 1996, and subsequent
revisions.
TITLE V--PREVENTION OF MONEY LAUNDERING FOR WEAPONS OF MASS DESTRUCTION
SEC. 501. PREVENTION OF MONEY LAUNDERING FOR WEAPONS OF MASS
DESTRUCTION.
Section 5318A(c)(2) of title 31, United States Code, is amended--
(1) in subparagraph (A)(i), by striking ``or both,'' and
inserting ``or entities involved in the proliferation of weapons
of mass destruction or missiles''; and
(2) in subparagraph (B)(i), by inserting ``, including any
money laundering activity by organized criminal groups,
international terrorists, or entities involved in the
proliferation of weapons of mass destruction or missiles''
before the semicolon at the end.
Approved September 30, 2006.
LEGISLATIVE HISTORY--H.R. 6198:
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CONGRESSIONAL RECORD, Vol. 152 (2006):
Sept. 28, considered and passed House.
Sept. 29, considered and passed Senate.
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