Gulf Security and Iran Sanctions Enforcement Act - Declares the sense of Congress about sanctions for the government of Iran's illicit nuclear activities and support for international terrorism. Urges that foreign companies be prohibited from receiving Iranian capital, technology, and expertise, and that foreign energy-related companies, especially, be blocked from entering into joint ventures, investments, and partnerships for energy and energy-related projects outside of Iran.
Requires the Secretary of the Interior to include in each lease issued after enactment of this Act that authorizes oil and gas drilling on the Outer Continental Shelf a provision that requires: (1) the lessee to certify annually to the Secretary that it does not engage in any activity for which sanctions may be imposed under the Iran Sanctions Act of 1996; and (2) the Secretary to cancel the lease if the lessee fails to make such a certification or makes a false one.
Requires such a lease also to require the lessee to disclose to the Secretary any participation in any energy-related joint venture, investment, or partnership located outside Iran that involves: (1) any person whose property and property interests are blocked pursuant to Executive Orders 13224 (for transacting business with persons who commit, threaten to commit, or support terrorism) or 13382 (because they are weapons of mass destruction proliferators or their supporters); or (2) any entity on a specified list relating to Iranian Transactions Regulations. Requires cancellation of any lease whose lessee has failed to make such a disclosure or makes a false disclosure.
Allows a national interest waiver of these requirements.
[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[H.R. 6043 Introduced in House (IH)]
111th CONGRESS
2d Session
H. R. 6043
To restrict participation in offshore oil and gas leasing by a person
who engages in any activity for which sanctions may be imposed under
section 5 of the Iran Sanctions Act of 1996, to require the lessee
under an offshore oil and gas lease to disclose any participation by
the lessee in certain energy-related joint ventures, investments, or
partnerships located outside Iran, and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
July 30, 2010
Mr. Klein of Florida (for himself, Mr. Kirk, Mr. Rothman of New Jersey,
Mr. Deutch, Mr. McMahon, Ms. Berkley, Ms. Wasserman Schultz, and Mr.
Engel) introduced the following bill; which was referred to the
Committee on Natural Resources, and in addition to the Committee on
Foreign Affairs, for a period to be subsequently determined by the
Speaker, in each case for consideration of such provisions as fall
within the jurisdiction of the committee concerned
_______________________________________________________________________
A BILL
To restrict participation in offshore oil and gas leasing by a person
who engages in any activity for which sanctions may be imposed under
section 5 of the Iran Sanctions Act of 1996, to require the lessee
under an offshore oil and gas lease to disclose any participation by
the lessee in certain energy-related joint ventures, investments, or
partnerships located outside Iran, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Gulf Security and Iran Sanctions
Enforcement Act''.
SEC. 2. FINDINGS.
Congress makes the following findings:
(1) The illicit nuclear activities of the Government of
Iran--combined with its development of unconventional weapons
and ballistic missiles and support for international
terrorism--represent a serious threat to the security of the
United States and United States allies in Europe, the Middle
East, and around the world.
(2) Executive Order 12959, issued on May 8, 1995, banned
all new investment in Iran by United States individuals and
companies.
(3) On August 5, 1996, the Iran and Libya Sanctions Act of
1996 (later re-titled the Iran Sanctions Act of 1996) was
enacted in order, among other purposes, to encourage foreign
persons to withdraw from the Iranian market.
(4) United Nations Security Council Resolution 1929 (June
9, 2010) notes, ``the potential connection between Iran's
revenues derived from its energy sector and the funding of
Iran's proliferation-sensitive nuclear activities,'' and
further notes that ``chemical process equipment and materials
required for the petrochemical industry have much in common
with those required for certain sensitive nuclear fuel cycle
activities''.
(5) Through its sanctions regime, the United States
Government seeks to prevent the Iranian Government and
engineers and scientists employed by state-owned Iranian energy
companies or companies affiliated with Iran's Revolutionary
Guard Corps from gaining access to key domain expertise,
technology and equipment that could aid the development of
Iran's energy sector and also assist Iran in certain
proliferation activities.
(6) The Comprehensive Iran Sanctions, Accountability, and
Divestment Act of 2010, which was signed into law on July 1,
2010, included sanctions against goods, services, and
technology to modernize Iran's oil and natural gas sector.
(7) The threat of sanctions has constrained the supply of
capital, technology, and services to the Iranian petroleum
sector, and several companies have withdrawn their business
from Iran.
(8) The Government of Iran is pursuing partnerships outside
Iran with foreign energy-related companies, including joint
ventures, investments, and partnerships.
SEC. 3. SENSE OF CONGRESS.
It is the sense of Congress that--
(1) the United States should continue to support diplomatic
efforts in the International Atomic Energy Agency and the
United Nations Security Council to end the Government of Iran's
illicit nuclear activities;
(2) international diplomatic efforts to address the
Government of Iran's illicit nuclear efforts and support for
international terrorism are more likely to be effective if
strong additional sanctions are imposed on the Government of
Iran;
(3) the concerns of the United States regarding the
Government of Iran are strictly the result of the actions of
the Government of Iran;
(4) Iranian partnerships outside Iran with foreign energy-
related companies, including joint ventures, investments and
partnerships, could give the Iranian Government and engineers
and scientists employed by state-owned Iranian energy companies
or companies affiliated with Iran's Revolutionary Guard Corps
access to key domain expertise, technology and equipment that
could aid the development of Iran's energy sector and also
assist Iran in certain proliferation activities;
(5) joint ventures with Iranian state-owned energy
companies serve to interfere with international attempts to
build a consensus for action regarding the Government of Iran's
ongoing refusal to comply with its international obligations
regarding its nuclear program; and
(6) in order for sanctions to be effective and enabling a
diplomatic solution, the Government of Iran should be prevented
from disregarding their international obligations by
prohibiting foreign companies from receiving Iranian capital,
technology, and expertise, and by blocking foreign energy-
related companies from entering into joint ventures,
investments, and partnerships for energy and energy-related
projects outside of Iran.
SEC. 4. RESTRICTION ON PARTICIPATION IN OFFSHORE OIL AND GAS LEASING.
(a) Certification Requirement.--The Secretary of the Interior
shall--
(1) include in each lease issued after the date of
enactment of this Act that authorizes drilling for oil and gas
on the Outer Continental Shelf a provision that requires that--
(A) the person that is the lessee to certify
annually to the Secretary that the person does not
engage in any activity for which sanctions may be
imposed under section 5 of the Iran Sanctions Act of
1996 (50 U.S.C. 1701 note); and
(B) authorizes the Secretary to cancel the lease if
the person fails to make such a certification or makes
such a certification that is false; and
(2) upon determination by the Secretary, in consultation
with the Secretary of the Treasury, that the person has failed
to make a certification required under such provision or made
such a certification that is false, shall cancel the lease.
(b) Disclosure Requirement.--The Secretary of the Interior shall--
(1) include in each lease issued after the date of
enactment of this Act that authorizes drilling for oil and gas
on the Outer Continental Shelf a provision that--
(A) requires the person that is the lessee to
disclose to the Secretary any participation by the
person in any energy-related joint venture, investment,
or partnership located outside Iran that involves--
(i) any person whose property and interests
in property are blocked pursuant to Executive
Order 13224 (66 Fed. Reg. 49079; relating to
blocking property and prohibiting transacting
with persons who commit, threaten to commit, or
support terrorism);
(ii) any person whose property and
interests in property are blocked pursuant to
Executive Order 13382 (70 Fed. Reg. 38567;
relating to blocking of property of weapons of
mass destruction proliferators and their
supporters); or
(iii) any entity listed on appendix A to
part 560 of title 31, Code of Federal
Regulations (relating to the Iranian
Transactions Regulations); and
(B) authorizes the Secretary to cancel the lease if
the person fails to make such a disclosure or makes
such a disclosure that is false; and
(2) upon determination by the Secretary, in consultation
with the Secretary of the Treasury, that the person has failed
to make a disclosure required under such provision or made such
a disclosure that is false, shall cancel the lease.
(c) Waiver.--
(1) In general.--The Secretary of the Interior may waive
the requirement of subsection (a) or (b) (or both) on a case-
by-case basis if the Secretary determines and certifies in
writing to the appropriate congressional committees that it is
in the national interest of the United States to do so.
(2) Reporting requirement.--Not later than 120 days after
the date of the enactment of this Act and semi-annually
thereafter, the Secretary of the Interior shall submit to the
appropriate congressional committees a report on waivers
granted under paragraph (1).
(d) Reporting Requirement.--The Secretary of the Interior shall
promptly report to the appropriate congressional committees any
cancellation of a lease under this section, including an explanation of
the reasons for the cancellation.
(e) Definitions.--In this section--
(1) the term ``appropriate congressional committees''
means--
(A) the Committee on Natural Resources and the
Committee on Foreign Affairs of the House of
Representatives; and
(B) the Committee on Energy and Natural Resources
and the Committee on Foreign Relations of the Senate;
and
(2) the term ``person'' has the meaning given such term in
section 14(14) of the Iran Sanctions Act of 1996 (50 U.S.C.
1701 note).
SEC. 5. SUNSET.
This Act shall terminate 30 days after the date on which the
President certifies to Congress that the Government of Iran--
(1) has permanently ceased--
(A) providing support for acts of international
terrorism and no longer satisfies the requirements for
designation as a state sponsor of terrorism for
purposes of section 6(j) of the Export Administration
Act of 1979, section 620A of the Foreign Assistance Act
of 1961, section 40 of the Arms Export Control Act, or
any other provision of law; and
(B) the pursuit, acquisition, and development of
nuclear, biological, and chemical weapons and missiles;
and
(2) poses no significant threat to United States national
security, interests, or allies.
<all>
Introduced in House
Introduced in House
Referred to House Natural Resources
Referred to the Committee on Natural Resources, and in addition to the Committee on Foreign Affairs, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.
Referred to House Foreign Affairs
Referred to the Subcommittee on Energy and Mineral Resources.
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