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S3370

‘‘(6) GOVERNMENT.—The term ‘Government’, with respect to a foreign country, includes any agencies or instrumentalities of that Government and any entities controlled by that Government. ‘‘(7) MEDICAL DEVICE.—The term ‘medical device’ has the meaning given the term ‘device’ in section 201 of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 321). ‘‘(8) MEDICINE.—The term ‘medicine’ has the meaning given the term ‘drug’ in section 201 of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 321). ‘‘(b) DETERMINATIONS OF SIGNIFICANCE.— For purposes of this subtitle, in determining if financial transactions or financial services are significant, the President may consider the totality of the facts and circumstances, including factors similar to the factors set forth in section 561.404 of title 31, Code of Federal Regulations (or any corresponding similar regulation or ruling). ‘‘SEC. 232. IMPOSITION OF SANCTIONS WITH RESPECT TO PERSONS THAT SUPPORT THE BALLISTIC MISSILE PROGRAM OF IRAN. ‘‘(a) IDENTIFICATION OF PERSONS.— ‘‘(1) IN GENERAL.—Not later than 120 days

after the date of the enactment of the Iran Ballistic Missile Sanctions Act, and not less frequently than once every 180 days thereafter, the President shall, in coordination with the Secretary of Defense, the Director of National Intelligence, the Secretary of the Treasury, and the Secretary of State, submit to the appropriate committees of Congress a report identifying persons that have knowingly aided the Government of Iran in the development of the ballistic missile program of Iran. ‘‘(2) ELEMENTS.—Each report required by paragraph (1) shall include the following: ‘‘(A) An identification of persons (disaggregated by Iranian and non-Iranian persons) that have knowingly aided the Government of Iran in the development of the ballistic missile program of Iran, including persons that have— ‘‘(i) knowingly engaged in the direct or indirect provision of material support to such program; ‘‘(ii) knowingly facilitated, supported, or engaged in activities to further the development of such program; ‘‘(iii) knowingly transmitted information relating to ballistic missiles to the Government of Iran; or ‘‘(iv) otherwise knowingly aided such program. ‘‘(B) A description of the character and significance of the cooperation of each person identified under subparagraph (A) with the Government of Iran with respect to such program. ‘‘(C) An assessment of the cooperation of the Government of the Democratic People’s Republic of Korea with the Government of Iran with respect to such program. ‘‘(3) CLASSIFIED ANNEX.—Each report required by paragraph (1) shall be submitted in unclassified form, but may contain a classified annex. ‘‘(b) BLOCKING OF PROPERTY.— ‘‘(1) IN GENERAL.—Not later than 15 days after submitting a report required by subsection (a)(1), the President shall, in accordance with the International Emergency Economic Powers Act (50 U.S.C. 1701 et seq.), block and prohibit all transactions in all property and interests in property of any person specified in such report 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. ‘‘(2) INAPPLICABILITY OF NATIONAL EMERGENCY REQUIREMENT.—The requirements under section 202 of the International Emer-

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gency Economic Powers Act (50 U.S.C. 1701) shall not apply for purposes of this subsection. ‘‘(c) EXCLUSION FROM UNITED STATES.— ‘‘(1) IN GENERAL.—Except as provided in paragraph (2), the Secretary of State shall deny a visa to, and the Secretary of Homeland Security shall exclude from the United States, any alien subject to blocking of property and interests in property under subsection (b). ‘‘(2) COMPLIANCE WITH UNITED NATIONS HEADQUARTERS AGREEMENT.—Paragraph (1) shall not apply to the head of state of Iran, or necessary staff of that head of state, if admission to the United States is necessary to permit the United States to comply with the Agreement regarding the Headquarters of the United Nations, signed at Lake Success June 26, 1947, and entered into force November 21, 1947, between the United Nations and the United States. ‘‘(d) FACILITATION OF CERTAIN TRANSACTIONS.—The President shall prohibit the opening, and prohibit or impose strict conditions on the maintaining, in the United States of a correspondent account or a payable-through account by a foreign financial institution that the President determines knowingly, on or after the date that is 180 days after the date of the enactment of the Iran Ballistic Missile Sanctions Act, conducts or facilitates a significant financial transaction for a person subject to blocking of property and interests in property under subsection (b). ‘‘SEC. 233. BLOCKING OF PROPERTY OF PERSONS AFFILIATED WITH CERTAIN IRANIAN ENTITIES. ‘‘(a) BLOCKING OF PROPERTY.— ‘‘(1) IN GENERAL.—The President shall, in

accordance with the International Emergency Economic Powers Act (50 U.S.C. 1701 et seq.), block and prohibit all transactions in all property and interests in property of any person described in paragraph (3) 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. ‘‘(2) INAPPLICABILITY OF NATIONAL EMERGENCY REQUIREMENT.—The requirements under section 202 of the International Emergency Economic Powers Act (50 U.S.C. 1701) shall not apply for purposes of this subsection. ‘‘(3) PERSONS DESCRIBED.—A person described in this paragraph is— ‘‘(A) an entity that is owned, directly or indirectly, by a 25 percent or greater interest— ‘‘(i) by the Aerospace Industries Organization, the Shahid Hemmat Industrial Group, the Shahid Bakeri Industrial Group, or any agent or affiliate of such organization or group; or ‘‘(ii) collectively by a group of individuals that hold an interest in the Aerospace Industries Organization, the Shahid Hemmat Industrial Group, the Shahid Bakeri Industrial Group, or any agent or affiliate of such organization or group, even if none of those individuals hold a 25 percent or greater interest in the entity; ‘‘(B) a person that controls, manages, or directs an entity described in subparagraph (A); or ‘‘(C) an individual who is on the board of directors of an entity described in subparagraph (A). ‘‘(b) FACILITATION OF CERTAIN TRANSACTIONS.—The President shall prohibit the opening, and prohibit or impose strict conditions on the maintaining, in the United States of a correspondent account or a payable-through account by a foreign financial institution that the President determines knowingly, on or after the date that is 180

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days after the date of the enactment of the Iran Ballistic Missile Sanctions Act, conducts or facilitates a significant financial transaction for a person subject to blocking of property and interests in property under subsection (a). ‘‘(c) IRAN MISSILE PROLIFERATION WATCH LIST.— ‘‘(1) IN GENERAL.—Not later than 90 days after the date of the enactment of the Iran Ballistic Missile Sanctions Act, and not less frequently than annually thereafter, the Secretary of the Treasury shall submit to the appropriate committees of Congress and publish in the Federal Register a list of— ‘‘(A) each entity in which the Aerospace Industries Organization, the Shahid Hemmat Industrial Group, the Shahid Bakeri Industrial Group, or any agent or affiliate of such organization or group has an ownership interest of more than 0 percent and less than 25 percent; ‘‘(B) each entity in which the Aerospace Industries Organization, the Shahid Hemmat Industrial Group, the Shahid Bakeri Industrial Group, or any agent or affiliate of such organization or group does not have an ownership interest but maintains a presence on the board of directors of the entity or otherwise influences the actions, policies, or personnel decisions of the entity; and ‘‘(C) each person that controls, manages, or directs an entity described in subparagraph (A) or (B). ‘‘(2) REFERENCE.—The list required by paragraph (1) may be referred to as the ‘Iran Missile Proliferation Watch List’. ‘‘(d) COMPTROLLER GENERAL REPORT.— ‘‘(1) IN GENERAL.—The Comptroller General of the United States shall— ‘‘(A) conduct a review of each list required by subsection (c)(1); and ‘‘(B) not later than 60 days after each such list is submitted to the appropriate committees of Congress under that subsection, submit to the appropriate committees of Congress a report on the review conducted under subparagraph (A) that includes a list of persons not included in that list that qualify for inclusion in that list, as determined by the Comptroller General. ‘‘(2) CONSULTATIONS.—In preparing the report required by paragraph (1)(B), the Comptroller General shall consult with nongovernmental organizations. ‘‘SEC. 234. IMPOSITION OF SANCTIONS WITH SPECT TO CERTAIN PERSONS VOLVED IN BALLISTIC MISSILE TIVITIES. ‘‘(a) CERTIFICATION.—Not later than

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120 days after the date of the enactment of the Iran Ballistic Missile Sanctions Act, and not less frequently than once every 180 days thereafter, the President shall submit to the appropriate committees of Congress a certification that each person listed in an annex of United Nations Security Council Resolution 1737 (2006), 1747 (2007), or 1929 (2010) is not directly or indirectly facilitating, supporting, or involved with the development of or transfer to Iran of ballistic missiles or technology, parts, components, or technology information relating to ballistic missiles. ‘‘(b) BLOCKING OF PROPERTY.— ‘‘(1) IN GENERAL.—If the President is unable to make a certification under subsection (a) with respect to a person and the person is not currently subject to sanctions with respect to Iran under any other provision of law, the President shall, not later than 15 days after that certification would have been required under that subsection— ‘‘(A) in accordance with the International Emergency Economic Powers Act (50 U.S.C. 1701 et seq.), block and prohibit all transactions in all property and interests in property of that person if such property and interests in property are in the United States,

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