Collapse to view only § 8573. Report on Iranian petroleum and petroleum products exports

§ 8571. 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 such weapons by limiting export of petroleum and petroleum products by Iran;
(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 fully enforce sanctions against those entities which provide support to the Iranian energy sector; and
(4) to counter Iran’s actions to finance and facilitate the participation of foreign terrorist organizations in ongoing conflicts and illicit activities due to the threat such actions pose to the vital national interests of the United States.
(Pub. L. 118–50, div. J, § 2, Apr. 24, 2024, 138 Stat. 963.)
§ 8572. Imposition of sanctions with respect to Iranian petroleum
(a) In general
(b) Activities describedA foreign person engages in an activity described in this subsection if the foreign person—
(1) owns or operates a foreign port at which, on or after April 24, 2024, such person knowingly permits to dock a vessel—
(A) that is included on the list of specially designated nationals and blocked persons maintained by the Office of Foreign Assets Control of the Department of the Treasury for transporting Iranian crude oil or petroleum products; or
(B) of which the operator or owner of such vessel otherwise knowingly engages in a significant transaction involving such vessel to transport, offload, or deal in significant transactions in condensate, refined, or unrefined petroleum products, or other petrochemical products originating from the Islamic Republic of Iran;
(2) owns or operates a vessel through which such owner knowingly conducts a ship to ship transfer involving a significant transaction of any petroleum product originating from the Islamic Republic of Iran;
(3) owns or operates a refinery through which such owner knowingly engages in a significant transaction to process, refine, or otherwise deal in any petroleum product originating from the Islamic Republic of Iran;
(4) is a covered family member of a foreign person described in paragraph (1), (2), or (3); or
(5) is owned or controlled by a foreign person described in paragraph (1), (2), or (3), and knowingly engages in an activity described in paragraph (1), (2), or (3).
(c) Sanctions describedThe sanctions described in this subsection with respect to a foreign person described in subsection (a) are the following:
(1) Sanctions on foreign vesselsSubject to such regulations as the President may prescribe, the President may prohibit a vessel described in subsection (b)(1)(A) or (b)(1)(B) from landing at any port in the United States—
(A) with respect to a vessel described in subsection (b)(1)(A), for a period of not more than 2 years beginning on the date on which the President imposes sanctions with respect to a related foreign port described in subsection (b)(1)(A); and
(B) with respect to a vessel described in subsection (b)(1)(B), for a period of not more than 2 years.
(2) Blocking of property
(3) Ineligibility for visas, admission, or parole
(A) Visas, admission, or paroleAn 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
(ii) Immediate effect
(C) ExceptionsSanctions 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.
(4) Penalties
(d) Rules of construction
(1) For purposes of determinations under subsection (a) that a foreign person engaged in activities described in subsection (b), a foreign person shall not be determined to know that petroleum or petroleum products originated from Iran if such person relied on a certificate of origin or other documentation confirming that the origin of the petroleum or petroleum products was a country other than Iran, unless such person knew or had reason to know that such documentation was falsified.
(2) Nothing in this subchapter shall be construed to affect the availability of any existing authorities to issue waivers, exceptions, exemptions, licenses, or other authorization.
(e) Implementation; regulations
(1) In general
(2) Deadline for regulations
(3) Notification to CongressNot 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 subchapter that the regulations are implementing.
(f) Exception for humanitarian assistance
(1) In generalSanctions under this section shall not apply to—
(A) the conduct or facilitation of a transaction for the provision of agricultural commodities, food, medicine, medical devices, or humanitarian assistance, or for humanitarian purposes; or
(B) transactions that are necessary for or related to the activities described in subparagraph (A).
(2) DefinitionsIn this subsection:
(A) Agricultural commodity
(B) Medical device
(C) Medicine
(g) Exception for safety of vessels and crew
(h) Waiver
(1) In general
(2) Special ruleThe 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.
(i) TerminationThe 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 4813(c)(1)(A) of title 50;
(B)section 2371 of this title;
(C)section 2780 of this title; 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.
(Pub. L. 118–50, div. J, § 3, Apr. 24, 2024, 138 Stat. 963.)
§ 8573. Report on Iranian petroleum and petroleum products exports
(a) In generalNot later than 120 days after April 24, 2024, 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
(c) Publication
(d) Termination
(Pub. L. 118–50, div. J, § 4, Apr. 24, 2024, 138 Stat. 967.)
§ 8574. Strategy to counter role of the People’s Republic of China in evasion of sanctions with respect to Iran
(a) In generalNot later than 120 days after April 24, 2024, the Secretary of State, in consultation with the heads of other appropriate Federal agencies, shall submit to the appropriate congressional committees a written strategy, and provide to those committees an accompanying briefing, on the role of the People’s Republic of China in evasion of sanctions imposed by the United States with respect to Iranian-origin petroleum products that includes an assessment of options—
(1) to strengthen the enforcement of such sanctions; and
(2) to expand sanctions designations targeting the involvement of the People’s Republic of China in the production, transportation, storage, refining, and sale of Iranian-origin petroleum products.
(b) ElementsThe strategy required by subsection (a) shall include—
(1) a description and assessment of the use of sanctions in effect before April 24, 2024, to target individuals and entities of the People’s Republic of China that are directly or indirectly associated with smuggling of Iranian-origin petroleum products;
(2) an assessment of—
(A) Iranian-owned entities operating in the People’s Republic of China and involved in petroleum refining supply chains;
(B) the People’s Republic of China’s role in global petroleum refining supply chains;
(C) how the People’s Republic of China leverages its role in global petroleum supply chains to achieve political objectives;
(D) the People’s Republic of China’s petroleum importing and exporting partners;
(E) what percent of the People’s Republic of China’s energy consumption is linked to illegally imported Iranian-origin petroleum products; and
(F) what level of influence the Chinese Communist Party holds over non-state, semi-independent “teapot” refineries;
(3) a detailed plan for—
(A) monitoring the maritime domain for sanctionable activity related to smuggling of Iranian-origin petroleum products;
(B) identifying the individuals, entities, and vessels engaging in sanctionable activity related to Iranian-origin petroleum products, including—
(i) vessels—(I) transporting petrochemicals subject to sanctions;(II) conducting ship-to-ship transfers of such petrochemicals;(III) with deactivated automatic identification systems; or(IV) that engage in “flag hopping” by changing national registries;
(ii) individuals or entities—(I) storing petrochemicals subject to sanctions; or(II) refining or otherwise processing such petrochemicals; and
(iii) through the use of port entry and docking permission of vessels subject to sanctions;
(C) deterring individuals and entities from violating sanctions by educating and engaging—
(i) insurance providers;
(ii) parent companies; and
(iii) vessel operators;
(D) collaborating with allies and partners of the United States engaged in the Arabian Peninsula, including through standing or new maritime task forces, to build sanctions enforcement capacity through assistance and training to defense and law enforcement services; and
(E) using public communications and global diplomatic engagements to highlight the role of illicit petroleum product smuggling in bolstering Iran’s support for terrorism and its nuclear program; and
(4) an assessment of—
(A) the total number of vessels smuggling Iranian-origin petroleum products;
(B) the total number of vessels smuggling such petroleum products destined for the People’s Republic of China;
(C) the number of vessels smuggling such petroleum products specifically from the Islamic Revolutionary Guard Corps;
(D) interference by the People’s Republic of China with attempts by the United States to investigate or enforce sanctions on illicit Iranian petroleum product exports;
(E) the effectiveness of the use of sanctions with respect to insurers of entities that own or operate vessels involved in smuggling Iranian-origin petroleum products;
(F) the personnel and resources needed to enforce sanctions with respect to Iranian-origin petroleum products; and
(G) the impact of smuggled illicit Iranian-origin petroleum products on global energy markets.
(c) Form
(Pub. L. 118–50, div. J, § 5, Apr. 24, 2024, 138 Stat. 967.)
§ 8575. Definitions
In this subchapter:
(1) Appropriate congressional committees
The term “appropriate congressional committees” means—
(A) the Committee on Foreign Affairs, the Committee on the Judiciary, and the Committee on Financial Services of the House of Representatives; and
(B) the Committee on Foreign Relations, the Committee on the Judiciary, and the Committee on Banking, Housing, and Urban Affairs of the Senate.
(2) Covered family member
(Pub. L. 118–50, div. J, § 6, Apr. 24, 2024, 138 Stat. 969.)