Stop Harboring Iranian Petroleum Act or the SHIP Act
This bill requires the President to impose visa- and property-blocking sanctions against foreign persons that knowingly transport, process, refine, or otherwise deal in petroleum and petroleum products (including petrochemicals) originating in Iran.
These sanctions also extend to certain foreign persons associated with the sanctioned individual, such as adult family members and any entities owned by the sanctioned individual. (The sanctions do not apply to such adult family members if the President determines they have disassociated themselves from the sanctioned individual and have not assisted in concealing assets.)
The sanctions do not apply to the importation of goods.
[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3774 Introduced in House (IH)]
<DOC>
118th CONGRESS
1st Session
H. R. 3774
To impose additional sanctions with respect to the importation or
facilitation of the importation of petroleum products from Iran, and
for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
May 31, 2023
Mr. Lawler (for himself and Mr. Moskowitz) introduced the following
bill; which was referred to the Committee on Foreign Affairs, and in
addition to the Committee on the Judiciary, 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 impose additional sanctions with respect to the importation or
facilitation of the importation of petroleum products from 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 ``Stop Harboring Iranian Petroleum
Act'' or the ``SHIP Act''.
SEC. 2. STATEMENT OF POLICY.
It is the policy of the United States--
(1) to deny Iran the ability to engage in destabilizing
activities, support international terrorism, fund the
development and acquisition of weapons of mass destruction, and
the means to deliver them by limiting Iran's export of
petroleum and petroleum products;
(2) to deny Iran funds to oppress and commit human rights
violations against the Iranian people assembling to peacefully
redress the Iranian regime;
(3) to sanction those entities who violate United States
law by providing support to the Iranian energy sector; and
(4) that Iran's actions to finance and facilitate the
participation of foreign terrorist organizations in ongoing
conflicts and illicit activities is detrimental to the security
interests of the United States.
SEC. 3. IMPOSITION OF SANCTIONS WITH RESPECT TO IRANIAN PETROLEUM.
(a) In General.--On and after the date that is 90 days after the
date of the enactment of this Act, and except as provided in subsection
(e)(2), the President shall impose the sanctions described in
subsection (c) with respect to each foreign person that the President
determines, on or after such date of enactment, engages in an activity
described in subsection (b).
(b) Activities Described.--A foreign person engages in an activity
described in this paragraph if the foreign person--
(1) knowingly owns or operates a foreign port where at
least 1 designated vessel has landed on or after the date of
enactment of this Act at such port for the purpose of
transporting Iranian crude oil;
(2) knowingly transports, offloads, or otherwise deals in
petroleum or petroleum products, including petrochemicals,
originating from Iran;
(3) knowingly owns or operates a vessel used to conduct
ship-to-ship transfers of petroleum or petroleum products
originating from Iran;
(4) owns or operates a refinery that knowingly processes,
refines, or otherwise deals in petroleum or petroleum products
originating from Iran;
(5) is an adult family member of a foreign person described
in any of paragraphs (1) through (4);
(6) is owned or controlled by a foreign person described in
any of paragraphs (1) through (5); or
(7) knowingly engages in a significant transaction with, or
provides material support to or for, a foreign person described
in any of paragraphs (1) through (6).
(c) Sanctions Described.--The sanctions described in this
subsection with respect to a foreign person described in subsection (a)
are the following:
(1) Blocking of property.--The President shall exercise all
of the powers granted to the President under the International
Emergency Economic Powers Act (50 U.S.C. 1701 et seq.) to the
extent necessary to block and prohibit all transactions in
property and interests in property of the foreign person 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) Ineligibility for visas, admission, or parole.--
(A) Visas, admission, or parole.--An alien
described in subsection (a) is--
(i) inadmissible to the United States;
(ii) ineligible to receive a visa or other
documentation to enter the United States; and
(iii) otherwise ineligible to be admitted
or paroled into the United States or to receive
any other benefit under the Immigration and
Nationality Act (8 U.S.C. 1101 et seq.).
(B) Current visas revoked.--
(i) In general.--An alien described in
subsection (a) is subject to revocation of any
visa or other entry documentation regardless of
when the visa or other entry documentation is
or was issued.
(ii) Immediate effect.--A revocation under
clause (i) shall take effect immediately and
automatically cancel any other valid visa or
entry documentation that is in the alien's
possession.
(C) Exceptions.--Sanctions under this paragraph
shall not apply with respect to an alien if admitting
or paroling the alien into the United States is
necessary--
(i) 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, or other applicable
international obligations; or
(ii) to carry out or assist law enforcement
activity in the United States.
(3) Penalties.--The penalties provided for in subsections
(b) and (c) of section 206 of the International Emergency
Economic Powers Act (50 U.S.C. 1705) shall apply to a person
that violates, attempts to violate, conspires to violate, or
causes a violation of this section or any regulations
promulgated to carry out this section to the same extent that
such penalties apply to a person that commits an unlawful act
described in section 206(a) of that Act.
(d) Implementation; Regulations.--
(1) In general.--The President may exercise all authorities
under sections 203 and 205 of the International Emergency
Economic Powers Act (50 U.S.C. 1702 and 1704) for purposes of
carrying out this section.
(2) Deadline for regulations.--Not later than 180 days
after the date of the enactment of this Act, the President
shall prescribe such regulations as may be necessary for the
implementation of this Act.
(3) Notification to congress.--Not later than 10 days
before the prescription of regulations under paragraph (2), the
President shall brief and provide written notification to the
appropriate congressional committees regarding--
(A) the proposed regulations; and
(B) the specific provisions of this Act that the
regulations are implementing.
(e) Waiver.--
(1) In general.--The President may, on a case-by-case basis
and for periods not to exceed 180 days each, waive the
application of sanctions imposed with respect to a foreign
person under this section if the President certifies to the
appropriate congressional committees, not later than 15 days
before such waiver is to take effect, that the waiver is vital
to the national security interests of the United States.
(2) Special rule.--The President shall not be required to
impose sanctions under this section with respect to a foreign
person described in subsection (a) if the President certifies
in writing to the appropriate congressional committees that the
foreign person--
(A) is no longer engaging in activities described
in subsection (b); or
(B) has taken and is continuing to take
significant, verifiable steps toward permanently
terminating such activities.
(f) Termination.--The authorities provided by this section shall
cease to have effect on and after the date that is 30 days after the
date on which the President certifies to the appropriate congressional
committees that--
(1) the Government of Iran no longer repeatedly provides
support for international terrorism as determined by the
Secretary of State pursuant to--
(A) section 1754(c)(1)(A) of the Export Control
Reform Act of 2018 (50 U.S.C. 4318(c)(1)(A));
(B) section 620A of the Foreign Assistance Act of
1961 (22 U.S.C. 2371);
(C) section 40 of the Arms Export Control Act (22
U.S.C. 2780); or
(D) any other provision of law; and
(2) Iran has ceased the pursuit, acquisition, and
development of, and verifiably dismantled, its nuclear,
biological, and chemical weapons, ballistic missiles, and
ballistic missile launch technology.
SEC. 4. REPORT ON IRANIAN PETROLEUM AND PETROLEUM PRODUCTS EXPORTS.
(a) In General.--Not later than 120 days after the date of
enactment of this Act, and annually thereafter until the date described
in subsection (d), the Administrator of the Energy Information
Administration shall submit to the appropriate congressional committees
a report describing Iran's growing exports of petroleum and petroleum
products, that includes the following:
(1) An analysis of Iran's exports and sale of petroleum and
petroleum products, including--
(A) an estimate of Iran's petroleum export and sale
revenue per year since 2018;
(B) an estimate of Iran's petroleum export and sale
revenue to China per year since 2018;
(C) the amount of petroleum and crude oil barrels
exported per year since 2018;
(D) the amount of petroleum and crude oil barrels
exported to China per year since 2018;
(E) the amount of petroleum and crude oil barrels
exported to countries other than China per year since
2018;
(F) the average price per petroleum and crude oil
barrel exported per year since 2018; and
(G) the average price per petroleum and crude oil
barrel exported to China per year since 2018.
(2) An analysis of Iran's labeling practices of exported
petroleum and petroleum products.
(3) A description of companies involved in the exporting
and sale of Iranian petroleum and petroleum products.
(4) A description of ships involved in the exporting and
sale of Iranian petroleum and petroleum products.
(5) A description of ports involved in the exporting and
sale of Iranian petroleum and petroleum products.
(b) Form.--The report required by subsection (a) shall be submitted
in unclassified form but may include a classified annex.
(c) Publication.--The unclassified portion of the report required
by subsection (a) shall be posted on a publicly available website of
the Energy Information Administration.
(d) Termination.--The requirement to submit reports under this
section shall be terminated on the date on which the President makes
the certification described in section 3(f).
SEC. 5. APPROPRIATE CONGRESSIONAL COMMITTEES DEFINED.
In this Act, the term ``appropriate congressional committees''
means--
(1) the Committee on Foreign Affairs and the Committee on
Financial Services of the House of Representatives; and
(2) the Committee on Foreign Relations and the Committee on
Banking, Housing, and Urban Affairs of the Senate.
<all>
Introduced in House
Introduced in House
Referred to the Committee on Foreign Affairs, and in addition to the Committee on the Judiciary, 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 the Committee on Foreign Affairs, and in addition to the Committee on the Judiciary, 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.
Committee Consideration and Mark-up Session Held
Ordered to be Reported (Amended) by the Yeas and Nays: 40 - 7.
Mr. Lawler moved to suspend the rules and pass the bill, as amended.
Considered under suspension of the rules. (consideration: CR H5193-5197)
DEBATE - The House proceeded with forty minutes of debate on H.R. 3774.
At the conclusion of debate, the Yeas and Nays were demanded and ordered. Pursuant to the provisions of clause 8, rule XX, the Chair announced that further proceedings on the motion would be postponed.
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Considered as unfinished business. (consideration: CR H5393-5394; text: 11/1/2023 CR H5193-5195)
Passed/agreed to in House: On motion to suspend the rules and pass the bill, as amended Agreed to by the Yeas and Nays: (2/3 required): 342 - 69 (Roll no. 598).
Roll Call #598 (House)On motion to suspend the rules and pass the bill, as amended Agreed to by the Yeas and Nays: (2/3 required): 342 - 69 (Roll no. 598).
Roll Call #598 (House)Motion to reconsider laid on the table Agreed to without objection.
Received in the Senate. Read the first time. Placed on Senate Legislative Calendar under Read the First Time.
Read the second time. Placed on Senate Legislative Calendar under General Orders. Calendar No. 240.