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Sanctions on Iran Existing legislation concerning Iran sanctions United States sanctions against Iran are codified by the United States Treasury under the Iranian Sanctions Regulations (ITR), incorporating the three prurient Executive Orders and subsequent amendments. (Executive orders regarding Iranian sanctions given prior to 1995 have been replaced as sources of legal framework by subsequent Executive Orders) 1995: Executive Order 12957 Development of Iranian Petroleum Resources http://treas.gov/offices/enforcement/ofac/legal/eo/12957.pdf 1995: Executive Order 12959 http://treas.gov/offices/enforcement/ofac/legal/eo/12959.pdf 1997: Executive Order 13059 http://treas.gov/offices/enforcement/ofac/legal/eo/13059.pdf 2000: Amendment by the Secretary of State to allow U.S. persons to purchase and import carpets and food products such as dried fruits, nuts, and caviar from Iran. 2008: US depository institutions are now prohibited from processing transfers involving Iran that originate and end with non-Iranian foreign banks (called Uturn transfers) Summary of the current Iranian Transaction Regulations Imports: only limited gifts, textiles/carpets, foodstuffs and information can be imported to the US from Iran Exports: in general, a person may not export goods, technology or services to Iran from the US, with limited exceptions specified by the Commerce Department Dealing in Iranian goods or services: except as specified by amendments regarding carpets and foodstuffs, US persons are not allowed to deal in Iranian goods or services Financial Dealings with Iran: don’t. With limited exceptions Iranian Petroleum Industry: “U.S. persons may not trade in Iranian oil or petroleum products refined in Iran, nor may they finance such trading. Similarly, U.S. persons may not perform services, including financing services, or supply goods or technology that would benefit the Iranian oil industry.” Travel to Iran: transactions, living expenses and baggage importation arising from travel into and out of Iran are permitted http://treas.gov/offices/enforcement/ofac/programs/iran/iran.pdf H.R.3107: Iran and Libya Sanctions Act of 1996 (now just the Iran Sanctions Act) The Iran and Libya Sanctions Act of 1996 imposes new sanctions on foreign companies that engage in specified economic transactions with Iran or Libya. The bill sanctions foreign companies that provide new investments over $40 million for the development of petroleum resources in Iran or Libya. The bill also sanctions foreign companies that violate existing U.N. prohibitions against trade with Libya in certain goods and services such as arms, certain oil equipment, and civil aviation services. The bill was extended in 2006 for five more years. No foreign firm has been penalized so far. http://www.usembassy-israel.org.il/publish/press/security/archive/august/ds1_87.htm http://www.fas.org/sgp/crs/row/RS20871.pdf October 2007: Washington imposed sanctions on Bank Melli, Bank Mellat and Bank Saderat and branded the Revolutionary Guards a proliferator of weapons of mass destruction. January 2008: sanctions were imposed on Brigadier-General Ahmed Foruzandeh of the Qods force for fomenting violence in Iraq. Sanctions on the table (texts below) H.R. 1327: Iran Sanctions Enabling Act of 2009 Sponsor: Barney Frank To authorize State and local governments to direct divestiture from, and prevent investment in, companies with investments of $20,000,000 or more in Iran's energy sector, and for other purposes Authorizes state and local governments to divest the assets of their pension funds and any other funds under their control from companies on the list. Protects fund managers who divest from companies from lawsuits directed at them by investors who are unhappy with the results. http://www.govtrack.us/congress/bill.xpd?bill=h111-1327 H.R. 2194: Iran Refined Petroleum Sanctions Act of 2009 Sponser: Rep. Howard Berman To amend the Iran Sanctions Act of 1996 to enhance United States diplomatic efforts with respect to Iran by expanding economic sanctions against Iran. Requires that any foreign entity that sells refined petroleum to Iran - or otherwise enhances Iran’s ability to import refined petroleum such as financing, brokering, underwriting, or providing ships for such activity - will be effectively barred from doing business in the United States. The act expands previous act to include financial institutions and expand the description of petroleum resources. http://www.govtrack.us/congress/bill.xpd?bill=h111-2194 http://televisionwashington.com/floater_article1.aspx?lang=en&t=3&id=12689 Financial Strangulation Campaign I did not find any new information on Treasury arm-twisting lately, but one would think that Geithner’s trip (which is supposed to address Iran, among other things) was something which involved this sort of pressuring An article about US Under Secretary of the Treasury Stuart Levey trip to Europe, where he pressured banks and governments to cooperate on US-leveled Iran sanctions http://www.spiegel.de/international/business/0,1518,497319,00.html http://www.bloomberg.com/apps/news?pid=20601087&sid=a69bruS9A7q4 Texts of Upcoming Legislation Text of H.R. 2194: Iran Refined Petroleum Sanctions Act of 2009 HR 2194 IH 111th CONGRESS 1st Session H. R. 2194 To amend the Iran Sanctions Act of 1996 to enhance United States diplomatic efforts with respect to Iran by expanding economic sanctions against Iran. IN THE HOUSE OF REPRESENTATIVES April 30, 2009 Mr. BERMAN (for himself, Ms. ROS-LEHTINEN, Mr. ACKERMAN, Mr. BURTON of Indiana, Mr. SHERMAN, Mr. ROYCE, Mr. ANDREWS, and Mr. KIRK) introduced the following bill; which was referred to the Committee on Foreign Affairs, and in addition to the Committees on Financial Services, Oversight and Government Reform, and Ways and Means, 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 amend the Iran Sanctions Act of 1996 to enhance United States diplomatic efforts with respect to Iran by expanding economic sanctions against Iran. 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 ‘Iran Refined Petroleum Sanctions Act of 2009’. SEC. 2. FINDINGS; SENSE OF CONGRESS. (a) Findings- Congress finds the following: (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 U.S. allies in Europe, the Middle East, and around the world. (2) The United States and other responsible nations have a vital interest in working together to prevent the Government of Iran from acquiring a nuclear weapons capability. (3) The International Atomic Energy Agency has repeatedly called attention to Iran’s unlawful nuclear activities, and, as a result, the United Nations Security Council has adopted a range of sanctions designed to encourage the Government of Iran to cease those activities and comply with its obligations under the Treaty on the Non-Proliferation of Nuclear Weapons (commonly known as the ‘Nuclear Non-Proliferation Treaty’). (4) As a presidential candidate, then-Senator Obama stated that additional sanctions, especially those targeting Iran’s dependence on imported refined petroleum, may help to persuade the Government of Iran to abandon its illicit nuclear activities. (5) On October 7, 2008, then-Senator Obama stated, ‘Iran right now imports gasoline, even though it’s an oil producer, because its oil infrastructure has broken down. If we can prevent them from importing the gasoline that they need and the refined petroleum products, that starts changing their cost-benefit analysis. That starts putting the squeeze on them.’. (6) On June 4, 2008, then-Senator Obama stated, ‘We should work with Europe, Japan, and the Gulf states to find every avenue outside the U.N. to isolate the Iranian regime--from cutting off loan guarantees and expanding financial sanctions, to banning the export of refined petroleum to Iran.’. (7) Major European allies, including the United Kingdom, France, and Germany, have advocated that sanctions be significantly toughened should international diplomatic efforts fail to achieve verifiable suspension of Iran’s uranium enrichment program and an end to its nuclear weapons program and other illicit nuclear activities. (8) The serious and urgent nature of the threat from Iran demands that the United States work together with U.S. allies to do everything possible--diplomatically, politically, and economically--to prevent Iran from acquiring a nuclear weapons capability. (b) Sense of Congress- It is the sense of the Congress that-(1) international diplomatic efforts to address Iran’s illicit nuclear efforts, unconventional and ballistic missile development programs, and support for international terrorism are more likely to be effective if the President is empowered with the explicit authority to impose additional sanctions on the Government of Iran; (2) the concerns of the United States regarding Iran are strictly the result of the actions of the Government of Iran; and (3) the people of the United States-(A) have feelings of friendship for the people of Iran; (B) regret that developments in recent decades have created impediments to that friendship; and (C) hold the people of Iran, their culture, and their ancient and rich history in the highest esteem. (c) Statement of Policy- It should be the policy of the United States to-(1) support international diplomatic efforts to end Iran’s uranium enrichment program and its nuclear weapons program; (2) encourage foreign governments to direct state-owned entities to cease all investment in, and support of, Iran’s energy sector and all exports of refined petroleum products to Iran; (3) encourage foreign governments to require private entities based in their territories to cease all investment in, and support of, Iran’s energy sector and all exports of refined petroleum products to Iran; (4) impose sanctions on the Central Bank of Iran and any other Iranian bank or financial institution engaged in proliferation activities or support of terrorist groups; and (5) work with the allies of the United States to take appropriate measures to protect the international financial system from deceptive and illicit practices by Iranian banks and financial institutions involved in proliferation activities or support of terrorist groups. SEC. 3. AMENDMENTS TO THE IRAN SANCTIONS ACT OF 1996. (a) Expansion of Sanctions- Section 5(a) of the Iran Sanctions Act of 1996 (50 U.S.C. 1701 note) is amended to read as follows: ‘(a) Sanctions With Respect to the Development of Petroleum Resources of Iran and Exportation of Refined Petroleum to Iran‘(1) DEVELOPMENT OF PETROLEUM RESOURCES OF IRAN‘(A) INVESTMENT- Except as provided in subsection (f), the President shall impose 2 or more of the sanctions described in paragraphs (1) through (6) of section 6(a) if the President determines that a person has, with actual knowledge, on or after the date of the enactment of this Act, made an investment of $20,000,000 or more (or any combination of investments of at least $5,000,000 each, which in the aggregate equals or exceeds $20,000,000 in any 12-month period), that directly and significantly contributed to the enhancement of Iran’s ability to develop petroleum resources of Iran. ‘(B) PRODUCTION OF REFINED PETROLEUM RESOURCES- Except as provided in subsection (f), the President shall impose the sanctions described in section 6(b) (in addition to any sanctions imposed under subparagraph (A)) if the President determines that a person has, with actual knowledge, on or after the date of the enactment of the Iran Refined Petroleum Sanctions Act of 2009, sold, leased, or provided to Iran any goods, services, technology, information, or support that would allow Iran to maintain or expand its domestic production of refined petroleum resources, including any assistance in refinery construction, modernization, or repair. ‘(2) EXPORTATION OF REFINED PETROLEUM RESOURCES TO IRANExcept as provided in subsection (f), the President shall impose the sanctions described in section 6(b) if the President determines that a person has, with actual knowledge, on or after the date of the enactment of the Iran Refined Petroleum Sanctions Act of 2009, provided Iran with refined petroleum resources or engaged in any activity that could contribute to the enhancement of Iran’s ability to import refined petroleum resources, including-‘(A) providing ships or shipping services to deliver refined petroleum resources to Iran; ‘(B) underwriting or otherwise providing insurance or reinsurance for such activity; or ‘(C) financing or brokering such activity.’. (b) Description of Sanctions- Section 6 of such Act is amended-- (1) by striking ‘The sanctions to be imposed on a sanctioned person under section 5 are as follows:’ and inserting the following: ‘(a) In General- The sanctions to be imposed on a sanctioned person under subsections (a)(1)(A) and (b) of section 5 are as follows:’; and (2) by adding at the end the following: ‘(b) Additional Sanctions- The sanctions to be imposed on a sanctioned person under paragraphs (1)(B) and (2) of section 5(a) are as follows: ‘(1) FOREIGN EXCHANGE- The President shall, under such regulations as the President may prescribe, prohibit any transactions in foreign exchange by the sanctioned person. ‘(2) BANKING TRANSACTIONS- The President shall, under such regulations as the President may prescribe, prohibit any transfers of credit or payments between, by, through, or to any financial institution, to the extent that such transfers or payments involve any interest of the sanctioned person. ‘(3) PROPERTY TRANSACTIONS- The President shall, under such regulations as the President may prescribe, prohibit any acquisition, holding, withholding, use, transfer, withdrawal, transportation, importation, or exportation of, dealing in, or exercising any right, power, or privilege with respect to, or transactions involving, any property in which the sanctioned person has any interest by any person, or with respect to any property, subject to the jurisdiction of the United States.’. (c) Presidential Waiver- Section 9(c)(2) of such Act is amended by amending subparagraph (C) to read as follows: ‘(C) an estimate of the significance of the provision of the items described in paragraph (1) or (2) of section 5(a) or section 5(b) to Iran’s ability to develop its petroleum resources, to maintain or expand its domestic production of refined petroleum resources, to import refined petroleum resources, or to develop its weapons of mass destruction or other military capabilities (as the case may be); and’. (d) Strengthening of Waiver Authority and Sanctions Implementation(1) INVESTIGATIONS- Section 4(f) of the Iran Sanctions Act of 1996 (50 U.S.C. 1701 note) is amended-(A) in paragraph (1)-(i) by striking ‘should initiate’ and inserting ‘shall immediately initiate’; (ii) by inserting ‘or 5(b)’ after ‘section 5(a)’; and (iii) by striking ‘as described in such section’ and inserting ‘as described in section 5(a)(1) or other activity described in section 5(a)(2) or 5(b) (as the case may be)’; (B) in paragraph (2), by striking ‘, pursuant to section 5(a), if a person has engaged in investment activity in Iran as described in such section’ and inserting ‘, pursuant to section 5(a) or (b) (as the case may be), if a person has engaged in investment activity in Iran as described in section 5(a)(1) or other activity described in section 5(a)(2) or 5(b) (as the case may be)’; and (C) by adding at the end the following new paragraph: ‘(3) DEFINITION OF CREDIBLE INFORMATION- For the purposes of this subsection, the term ‘credible information’ means public or classified information or reporting supported by other substantiating evidence.’. (2) EXCEPTION FOR PROLIFERATION SECURITY INITIATIVE- Section 5(f) of the Iran Sanctions Act of 1996 (50 U.S.C. 1701 note) is amended-(A) in paragraph (6), by striking ‘or’ at the end; (B) in paragraph (7), by striking the period at the end and inserting ‘; or’; and (C) by adding at the end the following new paragraph: ‘(8) if the President determines in writing that the person to which the sanctions would otherwise be applied is-‘(A) a citizen or resident of a country that is a participant in the Proliferation Security Initiative; or ‘(B) a foreign person that is organized under the laws of a country described in subparagraph (A) and is a subsidiary of a United States person.’. (3) GENERAL WAIVER AUTHORITY- Section 9(c)(1) of the Iran Sanctions Act of 1996 (50 U.S.C. 1701 note) is amended by striking ‘important to the national interest of the United States’ and inserting ‘vital to the national security interest of the United States’. (4) RULE OF CONSTRUCTION- The amendments made by this subsection shall not be construed to affect any exercise of the authority of section 4(f) or section 9(c) of the Iran Sanctions Act of 1996 as in effect on the day before the date of the enactment of this Act. (e) Reports on United States Efforts To Curtail Certain Business Transactions Relating to Iran- Section 10 of such Act is amended by adding at the end the following: ‘(d) Reports on Certain Business Transactions Relating to Iran‘(1) IN GENERAL- Not later than 90 days after the date of the enactment of the Iran Refined Petroleum Sanctions Act of 2009, and every 6 months thereafter, the President shall submit a report to the appropriate congressional committees regarding any person who has-‘(A) provided Iran with refined petroleum resources; ‘(B) sold, leased, or provided to Iran any goods, services, or technology that would allow Iran to maintain or expand its domestic production of refined petroleum resources; or ‘(C) engaged in any activity that could contribute to the enhancement of Iran’s ability to import refined petroleum resources. ‘(2) DESCRIPTION- For each activity set forth in subparagraphs (A) through (C) of paragraph (1), the President shall provide a complete and detailed description of such activity, including-‘(A) the date or dates of such activity; ‘(B) the name of any persons who participated or invested in or facilitated such activity; ‘(C) the United States domiciliary of the persons referred to in subparagraph (B); ‘(D) any Federal Government contracts to which the persons referred to in subparagraph (B) are parties; and ‘(E) the steps taken by the United States to respond to such activity. ‘(3) FORM OF REPORTS; PUBLICATION- The reports required under this subsection shall be-‘(A) submitted in unclassified form, but may contain a classified annex; and ‘(B) published in the Federal Register.’. (f) Clarification and Expansion of Definitions- Section 14 of such Act is amended-(1) in paragraph (13)(B)-(A) by inserting ‘financial institution, insurer, underwriter, guarantor, any other business organization, including any foreign subsidiary, parent, or affiliate of such a business organization,’ after ‘trust,’; and (B) by inserting ‘, such as an export credit agency’ before the semicolon at the end; and (2) by amending paragraph (14) to read as follows: ‘(14) PETROLEUM RESOURCES‘(A) IN GENERAL- The term ‘petroleum resources’ includes petroleum, petroleum by-products, oil or liquefied natural gas, oil or liquefied natural gas tankers, and products used to construct or maintain pipelines used to transport oil or compressed or liquefied natural gas. ‘(B) PETROLEUM BY-PRODUCTS- The term ‘petroleum by-products’ means gasoline, kerosene, distillates, propane or butane gas, diesel fuel, residual fuel oil, and other goods classified in headings 2709 and 2710 of the Harmonized Tariff Schedule of the United States.’. (g) Conforming Amendments(1) MULTILATERAL REGIME- Section 4 of such Act is amended-(A) in subsection (b)(2), by striking ‘(in addition to that provided in subsection (d))’; and (B) by striking subsection (d) and redesignating subsections (e) and (f) as subsections (d) and (e), respectively. (2) IMPOSITIONS OF SANCTIONS- Section 5(b) of such Act is amended by striking ‘section 6’ and inserting ‘section 6(a)’. Text of H.R. 1327: Iran Sanctions Enabling Act of 2009 111th CONGRESS 1st Session H. R. 1327 To authorize State and local governments to direct divestiture from, and prevent investment in, companies with investments of $20,000,000 or more in Iran’s energy sector, and for other purposes. IN THE HOUSE OF REPRESENTATIVES March 5, 2009 Mr. FRANK of Massachusetts (for himself, Mr. BERMAN, Mr. SHERMAN, and Mr. MEEKS of New York) introduced the following bill; which was referred to the Committee on Financial Services A BILL To authorize State and local governments to direct divestiture from, and prevent investment in, companies with investments of $20,000,000 or more in Iran’s energy sector, 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 ‘Iran Sanctions Enabling Act of 2009’. SEC. 2. FINDINGS. The Congress finds as follows: (1) There is an increasing interest by States, local governments, educational institutions, and private institutions to seek to disassociate themselves from companies that directly or indirectly support the Government of Iran’s efforts to achieve a nuclear weapons capability. (2) Policy makers and fund managers may find moral, prudential, or reputational reasons to divest from companies that accept the business risk of operating in countries that are subject to international economic sanctions or that have business relationships with countries, governments, or entities with which any United States company would be prohibited from dealing because of economic sanctions imposed by the United States. SEC. 3. AUTHORITY OF STATE AND LOCAL GOVERNMENTS TO DIVEST FROM CERTAIN COMPANIES INVESTED IN IRAN’S ENERGY SECTOR. (a) Statement of Policy- It is the policy of the United States to support the decision of State governments, local governments, and educational institutions to divest from, and to prohibit the investment of assets they control in, persons that have investments of more than $20,000,000 in Iran’s energy sector. (b) Authority To Divest- Notwithstanding any other provision of law, a State or local government may adopt and enforce measures that meet the requirements of subsection (d) to divest the assets of the State or local government from, or prohibit investment of the assets of the State or local government in, any person that the State or local government determines, using credible information available to the public, engages in investment activities in Iran described in subsection (c). (c) Investment Activities in Iran Described- A person engages in investment activities in Iran described in this subsection if the person-(1) has an investment of $20,000,000 or more-(A) in the energy sector of Iran; or (B) in a person that provides oil or liquified natural gas tankers, or products used to construct or maintain pipelines used to transport oil or liquified natural gas, for the energy sector in Iran; or (2) is a financial institution that extends $20,000,000 or more in credit to another person, for 45 days or more, if that person will use the credit to invest in the energy sector in Iran. (d) Requirements- The requirements referred to in subsection (b) that a measure taken by a State or local government must meet are the following: (1) NOTICE- The State or local government shall provide written notice to each person to whom the State or local government, as the case may be, intends to apply the measure, of such intent. (2) TIMING- The measure shall apply to a person not earlier than the date that is 90 days after the date on which the person receives the written notice required by paragraph (1). (3) OPPORTUNITY FOR HEARING- The State or local government shall provide each person referred to in paragraph (1) with an opportunity to demonstrate to the State or local government, as the case may be, that the person does not engage in investment activities in Iran described in subsection (c). If the person demonstrates to the State or local government that the person does not engage in investment activities in Iran described in subsection (c), the measure shall not apply to the person. (4) SENSE OF THE CONGRESS ON AVOIDING ERRONEOUS TARGETING- It is the sense of the Congress that a State or local government should not adopt a measure under subsection (b) with respect to a person unless the State or local government has made every effort to avoid erroneously targeting the person and has verified that the person engages in investment activities in Iran described in subsection (c). (e) Notice to Department of Justice- Not later than 30 days after adopting a measure pursuant to subsection (b), a State or local government shall submit to the Attorney General of the United States a written notice which describes the measure. (f) Nonpreemption- A measure of a State or local government authorized under subsection (b) is not preempted by any Federal law or regulation. (g) Definitions- In this section: (1) INVESTMENT- The ‘investment’ of assets, with respect to a State or local government, includes-(A) a commitment or contribution of assets; (B) a loan or other extension of credit; or (C) the entry into or renewal of a contract for goods or services. (2) ASSETS(A) IN GENERAL- Except as provided in subparagraph (B), the term ‘assets’ refers to public monies and includes any pension, retirement, annuity, or endowment fund, or similar instrument, that is controlled directly or indirectly by a State or local government. (B) EXCEPTION- The term ‘assets’ does not include employee benefit plans covered by title I of the Employee Retirement Income Security Act of 1974 (29 U.S.C. 1001 et seq.). (h) Effective Date(1) IN GENERAL- Except as provided in paragraph (2), this section shall apply to measures adopted by a State or local government before, on, or after the date of the enactment of this Act. (2) NOTICE REQUIREMENTS- Subsections (d) and (e) apply to measures adopted by a State or local government on or after the date of the enactment of this Act. SEC. 4. SAFE HARBOR FOR CHANGES OF INVESTMENT POLICIES BY ASSET MANAGERS. Section 13(c)(1) of the Investment Company Act of 1940 (15 U.S.C. 80a13(c)(1)) is amended by inserting before the period the following: ‘or engage in investment activities in Iran described in section 3(c) of the Iran Sanctions Enabling Act of 2009’. SEC. 5. SENSE OF CONGRESS REGARDING CERTAIN ERISA PLAN INVESTMENTS. It is the sense of Congress that a fiduciary of an employee benefit plan, as defined in section 3(3) of the Employee Retirement Income Security Act of 1974 (29 U.S.C. 1002(3)), may divest plan assets from, or avoid investing plan assets in, any person the fiduciary determines engages in investment activities in Iran described in section 3(c) of this Act, without breaching the responsibilities, obligations, or duties imposed upon the fiduciary by section 404 of the Employee Retirement Income Security Act of 1974 (29 U.S.C. 1104), if-(1) the fiduciary makes such determination using credible information that is available to the public; and (2) such divestment or avoidance of investment is conducted in accordance with section 2509.94-1 of title 29, Code of Federal Regulations (as in effect on the day before the date of the enactment of this Act). SEC. 6. DEFINITIONS. In this title: (1) ENERGY SECTOR- The term ‘energy sector’ refers to activities to develop petroleum or natural gas resources or nuclear power. (2) FINANCIAL INSTITUTION- The term ‘financial institution’ has the meaning given that term in section 14(5) of the Iran Sanctions Act of 1996 (Public Law 104-172; 50 U.S.C. 1701 note). (3) IRAN- The term ‘Iran’ includes any agency or instrumentality of Iran. (4) PERSON- The term ‘person’ means-(A) a natural person, corporation, company, business association, partnership, society, trust, or any other nongovernmental entity, organization, or group; (B) any governmental entity or instrumentality of a government, including a multilateral development institution (as defined in section 1701(c)(3) of the International Financial Institutions Act (22 U.S.C. 262r(c)(3))); and (C) any successor, subunit, parent company, or subsidiary of any entity described in subparagraph (A) or (B). (5) STATE- The term ‘State’ means each of the several States, the District of Columbia, the Commonwealth of Puerto Rico, the United States Virgin Islands, Guam, American Samoa, and the Commonwealth of the Northern Mariana Islands. (6) STATE OR LOCAL GOVERNMENT- The term ‘State or local government’ includes-(A) any State and any agency or instrumentality thereof; (B) any local government within a State, and any agency or instrumentality thereof; (C) any other governmental instrumentality; and (D) any public institution of higher education within the meaning of the Higher Education Act of 1965 (20 U.S.C. 1001 et seq.). SEC. 7. SUNSET. This Act shall terminate 30 days after the date on which the President has certified to the Congress that-(1) the Government of Iran has ceased providing support for acts of international terrorism and no longer satisfies the requirements for designation as a statesponsor 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; or (2) Iran has ceased the pursuit, acquisition, and development of nuclear, biological, and chemical weapons and ballistic missiles and ballistic missile launch technology. Other Sources: FACT SHEET: THE IRAN AND LIBYA SANCTIONS ACT OF 1996 (Imposes new sanctions on foreign companies) August 6, 1996 http://www.usembassy-israel.org.il/publish/press/security/archive/august/ds1_8-7.htm Washington -- A White House Fact Sheet says the Iran and Libya Sanctions Act of 1996 imposes new sanctions on foreign companies that engage in specified economic transactions with Iran or Libya. The bill sanctions foreign companies that provide new investments over $40 million for the development of petroleum resources in Iran or Libya. The bill also sanctions foreign companies that violate existing U.N. prohibitions against trade with Libya in certain goods and services such as arms, certain oil equipment, and civil aviation services. Following is the official text of a fact sheet from the White House: (begin text) FACT SHEET: THE IRAN AND LIBYA SANCTIONS ACT OF 1996 President Clinton has led the fight against terrorism and will continue to take measures to further pressure and punish states that support it. Purpose: The Iran and Libya Sanctions Act of 1996 imposes new sanctions on foreign companies that engage in specified economic transactions with Iran or Libya. It is intended to: -- Help deny Iran and Libya revenues that could be used to finance international terrorism; -- Limit the flow of resources necessary to obtain weapons of mass destruction; and, -- Put pressure on Libya to comply with U.N. resolutions that, among other things, call for Libya to extradite for trial the accused perpetrators of the Pan Am 103 bombing. The Sanctions: The bill sanctions foreign companies that provide new investments over $40 million for the development of petroleum resources in Iran or Libya. The bill also sanctions foreign companies that violate existing U.N. prohibitions against trade with Libya in certain goods and services such as arms, certain oil equipment, and civil aviation services. If a violation occurs, President Clinton is to impose two out of seven possible sanctions against the violating company. These sanctions include: -- denial of Export-Import Bank assistance; -- denial of export licenses for exports to the violating company; -- prohibition on loans or credits from U.S. financial institutions of over $10 million in any 12-month period; -- prohibition on designation as a primary dealer for U.S. government debt instruments; -- prohibition on serving as an agent of the United States or as a repository for U.S. government funds; -- denial of U.S. government procurement opportunities (consistent with WTO obligations); and -- a ban on all or some imports of the violating company. This Bill is Another Step in U.S. Efforts to Enforce Compliance: -- prohibition on serving as an agent of the United States or as a repository for U.S. government funds; -- denial of U.S. government procurement opportunities (consistent with WTO obligations); and -- a ban on all or some imports of the violating company. This Bill is Another Step in U.S. Efforts to Enforce Compliance from Iran and Libya: -- In 1984, Iran was placed on the list of states that support international terrorism, triggering statutory sanctions that prohibit weapons sales, oppose all loans to Iran from international financial institutions, and prohibit all assistance to Iran. -- In 1987, the U.S. further prohibited the importation of any goods or services from Iran and U.S. naval and air forces struck Iranian naval units on several occasions in response to Iranian efforts to disrupt the flow of oil from the Persian Gulf with naval mines and missile attacks. -- In 1995, President Clinton imposed comprehensive sanctions on Iran, prohibiting all commercial and financial transactions with Iran. -- In January 1986, the United States imposed comprehensive sanctions against Libya that froze Libyan assets, and banned all trade and financial dealings with Libya. Two months later, U.S. Air Force and Navy jets bombed Libyan targets in retaliation for Libyan terrorist attacks on Americans in Europe. -- In March 1992, the U.S. supported the imposition of sanction against Libya which prohibited the export of petroleum, military or aviation equipment to Libya; prohibited commercial flights to or from Libya; limited Libyan diplomatic representation abroad; and restricted Libyan financial activities. -- In addition, the United States has worked with our allies to further isolate Libya both internationally and within the Middle East and to develop new methods to pressure Qadhafi to comply with the U.N. Security Council Resolutions directed at Libya. Obama administration mulling Iran gasoline sanctions Updated: Monday, August 03, 2009 http://televisionwashington.com/floater_article1.aspx?lang=en&t=3&id=12689 Washington, 3 August (WashingtonTV)—The Obama administration has held talks with US lawmakers, its European allies and Israel about the possibility of imposing tough economic sanctions against Iran, if it rebuffed Washington’s offer to negotiate over its nuclear program, the New York Times reported on Monday. Officials from Europe and Israel told the daily that administration officials had discussed the option of penalizing foreign companies that supply Iran with gasoline and other refined oil products, in a bid to pressure Tehran to curb its nuclear ambitions. Israeli officials said that US National Security Adviser James Jones raised the issue during a visit to Israel last week. And European diplomats confirmed that in recent weeks, they held private discussions with Obama administration officials about whether to move towards such sanctions if Tehran ignored calls to respond to Washington’s outreach by September. The White House would not comment on any of the discussions. Last week, the Senate approved a measure that would bar companies that sell gasoline and other refined oil products to Iran, from also receiving US Energy Department contracts to deliver crude to the US Strategic Petroleum Reserve. Similar legislation is expected to pass in the House of Representatives. Although Iran is a large exporter of oil, a lack of refining capacity forces the country to import as much as 40 percent of its gasoline. Iran rejects Western accusations that it is seeking a nuclear bomb, saying its nuclear program is geared only towards civilian purposes.