S2336-118

1. Short titles This Act may be cited as the Making Iran Sanctions Stick In Lieu of Expiration of Sanctions Act or the MISSILES Act.

2. Findings Congress makes the following findings: Annex B to United Nations Security Council Resolution 2231 (2015) restricts certain missile-related activities and transfers to and from Iran, including all items, materials, equipment, goods, and technology set out in the Missile Technology Control Regime Annex, absent advance, case-by-case approval from the United Nations Security Council. Iran has transferred Shahed and Mohajer drones, covered under the Missile Technology Control Regime Annex, to the Russian Federation, the Government of Ethiopia, and other Iran-aligned entities, including the Houthis in Yemen and militia units in Iraq, without prior authorization from the United Nations Security Council, in violation of the restrictions set forth in Annex B to United Nations Security Council Resolution 2231. Absent action by the United Nations Security Council, certain missile-related restrictions in Annex B to United Nations Security Council Resolution 2231 will expire in October 2023, removing international legal restrictions on missile-related activities and transfers to and from Iran.

3. Statement of policy It is the policy of the United States— to combat and deter the transfer of conventional and non-conventional arms, equipment, material, and technology to or from Iran, or involving the Government of Iran; to ensure countries, individuals, and entities engaged in, or attempting to engage in, the acquisition, facilitation, or development of arms and related components and technology and subject to restrictions under Annex B to United Nations Security Council Resolution 2231 are held to account under United States and international law, including through the application and enforcement of sanctions and use of export controls, regardless of whether the restrictions under Annex B to United Nations Security Council Resolution 2231 remain in effect following their anticipated expiration in October 2023; to urgently seek the extension of missile-related restrictions set forth in Annex B to United Nations Security Council Resolution 2231 (2015); and to use all available authorities to constrain Iran’s domestic ballistic missile production capabilities.

4. Definitions In this Act: The term appropriate congressional committees means— the Committee on Foreign Relations of the Senate; the Committee on Banking, Housing, and Urban Affairs of the Senate; the Committee on Foreign Affairs of the House of Representatives; and the Committee on the Judiciary of the House of Representatives. The term covered technology means— any goods, technology, software, or related material specified in the Missile Technology Control Regime Annex, as in effect on the day before the date of the enactment of this Act; and any additional goods, technology, software, or related material added to the Missile Technology Control Regime Annex after the day before the date of the enactment of this Act. The term foreign person— means an individual or entity that is not a United States person; and includes a foreign state (as such term is defined in section 1603 of title 28, United States Code). The term good means any article, natural or manmade substance, material, supply or manufactured product, including inspection and test equipment, and excluding technical data. The term Government of Iran has the meaning given such term in section 560.304 of title 31, Code of Federal Regulations, as such section was in effect on January 1, 2021. The term Iran-aligned entity means a foreign person that— is controlled by or reports directly to the Government of Iran; and knowingly receives material or financial support from the Government of Iran, including Hezbollah, Ansar Allah, or another Iranian-backed proxy group. The term knowingly has the meaning given such term in section 14(13) of the Iran Sanctions Act of 1996 (50 U.S.C. 1701 note). The term Missile Technology Control Regime means the policy statement between the United States, the United Kingdom, the Federal Republic of Germany, France, Italy, Canada, and Japan that was announced on April 16, 1987, to restrict sensitive missile-relevant transfers based on the Missile Technology Control Regime Annex, and any amendments thereto or expansions thereof, as in effect on the day before the date of the enactment of this Act. The term Missile Technology Control Regime Annex means the Guidelines and Equipment and Technology Annex of the Missile Technology Control Regime, and any amendments thereto or updates thereof, as in effect on the day before the date of the enactment of this Act. The terms United States person means— a United States citizen; a permanent resident alien of the United States; an entity organized under the laws of the United States or of any jurisdiction within the United States, including a foreign branch of such an entity; or a person in the United States.

5. Department of State report on diplomatic strategy and other aspects of United Nations Security Council Resolution 2231 expirations Not later than 90 days after the date of the enactment of this Act, and annually thereafter for the following 4 years, the Secretary of State, in coordination with the heads of other relevant departments and agencies, shall submit to the appropriate congressional committees an unclassified report, with a classified annex, if necessary, that includes— a diplomatic strategy to secure the renewal of international restrictions on certain missile-related activities, including transfers to and from Iran set forth in Annex B to United Nations Security Council Resolution 2231 (2015) before October 2023; an analysis of how the expiration of missile-related restrictions set forth in Annex B to United Nations Security Council Resolution 2231 would impact the Government of Iran’s arms proliferation and malign activities, including as the restrictions relate to cooperation with, and support for, Iran-aligned entities and allied countries; an assessment of the revenue, or non-cash benefits, to be accrued by the Government of Iran, or Iran-aligned entities, as a result of a lapse in missile-related restrictions set forth in Annex B to United Nations Security Council Resolution 2231; a detailed description of the United States strategy to deter, prevent, and disrupt the sale, purchase, or transfer of covered technology involving Iran absent restrictions set forth in Annex B to United Nations Security Council Resolution 2231; the identification of any foreign person engaging in, enabling, or otherwise facilitating any activity involving Iran restricted under Annex B to United Nations Security Council Resolution 2231, regardless of whether such restrictions remain in effect after October 2023; a description of actions by the United Nations and other multilateral organizations, including the European Union, to hold accountable foreign persons that have violated the restrictions set forth in Annex B to United Nations Security Council Resolution 2231, and efforts to prevent further violations of such restrictions; a description of actions by individual member states of the United Nations Security Council to hold accountable foreign persons that have violated restrictions set forth in Annex B to United Nations Security Council Resolution 2231 and efforts to prevent further violations of such restrictions; a description of actions taken by the People’s Republic of China, the Russian Federation, or any other country to prevent, interfere with, or undermine efforts to hold accountable foreign persons that have violated the restrictions set forth in Annex B to United Nations Security Council Resolution 2231, including actions to restrict United Nations-led investigations into suspected violations of such restrictions, or limit funding to relevant United Nations offices or experts; an analysis of the foreign and domestic supply chains in Iran that directly or indirectly facilitate, support, or otherwise aid the Government of Iran’s drone or missile program, including storage, transportation, or flight-testing of related goods, technology, or components; the identification of any foreign entity or entities that enables, supports, or otherwise facilitates the operations or maintenance of any Iranian airline subject to United States sanctions or export control restrictions; an assessment of how the continued operation of Iranian airlines subject to United States sanctions or export control restrictions impacts the Government of Iran’s ability to transport or develop arms, including covered technology; and a description of actions taken by the People’s Republic of China, the Russian Federation, or any other country that have violated the restrictions set forth in Annex B of United Nations Security Council Resolution 2231, including any purchase, transfer, or acquisition of covered technology or component parts.

6. Combating the proliferation of Iranian missiles The actions, including sanctions, described in subsection (b) shall apply to any foreign person the President determines, on or after the date of the enactment of this Act— knowingly engages in any effort to acquire, possess, develop, transport, transfer, or deploy covered technology to, from, or involving the Government of Iran or Iran-aligned entities, regardless of whether the restrictions set forth in Annex B to United Nations Security Council Resolution 2231 (2015) remain in effect after October 2023; knowingly provides entities owned or controlled by the Government of Iran or Iran-aligned entities with goods, technology, parts, or components, that may contribute to the development of covered technology; knowingly participates in joint missile or drone development, including development of covered technology, with the Government of Iran or Iran-aligned entities, including technical training, storage, and transport; knowingly imports, exports, or re-exports to, into, or from Iran, whether directly or indirectly, any significant arms or related materiel prohibited under paragraph (5) or (6) to Annex B of United Nations Security Council Resolution 2231 (2015) as of April 1, 2023; or knowingly provides significant financial, material, or technological support to, or knowingly engages in a significant transaction with, a foreign person subject to sanctions for conduct described in paragraph (1), (2), (3), or (4). The sanctions described in this subsection are the following: The President shall exercise all authorities granted 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 come within the possession or control of a United States person. An alien described in subsection (a) shall be— inadmissible to the United States; ineligible to receive a visa or other documentation to enter the United States; and 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.). The visa or other entry documentation of any alien described in subsection (a) is subject to revocation regardless of the issue date of the visa or other entry documentation. A revocation under clause (i) shall, in accordance with section 221(i) of the Immigration and Nationality Act (8 U.S.C. 1201(i))— take effect immediately; and cancel any other valid visa or entry documentation that is in the possession of the alien. Any person that violates, or attempts to violate, subsection (a) or any regulation, license, or order issued pursuant to that subsection, shall be subject to the penalties set forth in subsections (b) and (c) of section 206 of the International Economic Powers Act (50 U.S.C. 1705) to the same extent as a person that commits an unlawful act described in subsection (a) of that section. The President may waive the application of sanctions under this section with respect to a foreign person only if, not later than 15 days before the date on which the waiver is to take effect, the President submits to the appropriate congressional committees a written determination and justification that the waiver is in the vital national security interests of the United States. The President may exercise all the authorities provided under sections 203 and 205 of the International Emergency Economic Powers Act (50 U.S.C. 1702 and 1704) to carry out the amendments made by this section. Not later than 120 days after the date of the enactment of this Act, the President, in consultation with the Secretary of State, shall promulgate any regulations that are necessary to implement this Act and the amendments made by this Act. Not less than 10 days before the promulgation of regulations pursuant to paragraph (1), the President shall submit to the appropriate congressional committees— a copy of the proposed regulations; and a description of the specific provisions of this Act and the amendments made by this Act that such regulations are implementing. Sanctions authorized under this section shall not apply to any activity subject to the reporting requirements under title V of the National Security Act of 1947 (50 U.S.C. 3091 et seq.) or any authorized intelligence activities of the United States. Sanctions authorized under this section shall not apply with respect to an alien if admitting or paroling the alien into 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, or other applicable international obligations; or to carry out or assist authorized law enforcement activity in the United States. The authorities and requirements to impose sanctions authorized under this section shall not include the authority or a requirement to impose sanctions on the importation of goods. This section shall cease to be effective beginning on the date that is 30 days after the date on which the President certifies to the appropriate congressional committees that— the Government of Iran no longer provides support for international terrorism, as determined by the Secretary of State pursuant to— section 1754(c)(1)(A) of the Export Control Reform Act of 2018 (50 U.S.C. 4318(c)(1)(A)); section 620A of the Foreign Assistance Act of 1961 (22 U.S.C. 2371); section 40 of the Arms Export Control Act (22 U.S.C. 2780); or any other provision of law; and Iran has ceased the pursuit, acquisition, and development of, and verifiably dismantled, its nuclear, biological, and chemical weapons and ballistic missiles and ballistic missile launch technology.