II
118THCONGRESS
1
STSESSION S. 2336
To address the threat from the development of Iran’s ballistic missile program
and the transfer or deployment of Iranian missiles and related goods
and technology, including materials and equipment, and for other pur-
poses.
IN THE SENATE OF THE UNITED STATES
JULY18, 2023
Mr. M
ENENDEZ(for himself and Mr. HAGERTY) introduced the following bill;
which was read twice and referred to the Committee on Foreign Relations
A BILL
To address the threat from the development of Iran’s ballistic
missile program and the transfer or deployment of Ira-
nian missiles and related goods and technology, including
materials and equipment, and for other purposes.
Be it enacted by the Senate and House of Representa-1
tives of the United States of America in Congress assembled, 2
SECTION 1. SHORT TITLES. 3
This Act may be cited as the ‘‘Making Iran Sanctions 4
Stick In Lieu of Expiration of Sanctions Act’’ or the 5
‘‘MISSILES Act’’. 6
SEC. 2. FINDINGS. 7
Congress makes the following findings: 8
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(1) Annex B to United Nations Security Coun-1
cil Resolution 2231 (2015) restricts certain missile- 2
related activities and transfers to and from Iran, in-3
cluding all items, materials, equipment, goods, and 4
technology set out in the Missile Technology Control 5
Regime Annex, absent advance, case-by-case ap-6
proval from the United Nations Security Council. 7
(2) Iran has transferred Shahed and Mohajer 8
drones, covered under the Missile Technology Con-9
trol Regime Annex, to the Russian Federation, the 10
Government of Ethiopia, and other Iran-aligned en-11
tities, including the Houthis in Yemen and militia 12
units in Iraq, without prior authorization from the 13
United Nations Security Council, in violation of the 14
restrictions set forth in Annex B to United Nations 15
Security Council Resolution 2231. 16
(3) Absent action by the United Nations Secu-17
rity Council, certain missile-related restrictions in 18
Annex B to United Nations Security Council Resolu-19
tion 2231 will expire in October 2023, removing 20
international legal restrictions on missile-related ac-21
tivities and transfers to and from Iran. 22
SEC. 3. STATEMENT OF POLICY. 23
It is the policy of the United States— 24
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(1) to combat and deter the transfer of conven-1
tional and non-conventional arms, equipment, mate-2
rial, and technology to or from Iran, or involving the 3
Government of Iran; 4
(2) to ensure countries, individuals, and entities 5
engaged in, or attempting to engage in, the acquisi-6
tion, facilitation, or development of arms and related 7
components and technology and subject to restric-8
tions under Annex B to United Nations Security 9
Council Resolution 2231 are held to account under 10
United States and international law, including 11
through the application and enforcement of sanc-12
tions and use of export controls, regardless of wheth-13
er the restrictions under Annex B to United Nations 14
Security Council Resolution 2231 remain in effect 15
following their anticipated expiration in October 16
2023; 17
(3) to urgently seek the extension of missile-re-18
lated restrictions set forth in Annex B to United Na-19
tions Security Council Resolution 2231 (2015); and 20
(4) to use all available authorities to constrain 21
Iran’s domestic ballistic missile production capabili-22
ties. 23
SEC. 4. DEFINITIONS. 24
In this Act: 25
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(1) APPROPRIATE CONGRESSIONAL COMMIT -1
TEES.—The term ‘‘appropriate congressional com-2
mittees’’ means— 3
(A) the Committee on Foreign Relations of 4
the Senate; 5
(B) the Committee on Banking, Housing, 6
and Urban Affairs of the Senate; 7
(C) the Committee on Foreign Affairs of 8
the House of Representatives; and 9
(D) the Committee on the Judiciary of the 10
House of Representatives. 11
(2) C
OVERED TECHNOLOGY .—The term ‘‘cov-12
ered technology’’ means— 13
(A) any goods, technology, software, or re-14
lated material specified in the Missile Tech-15
nology Control Regime Annex, as in effect on 16
the day before the date of the enactment of this 17
Act; and 18
(B) any additional goods, technology, soft-19
ware, or related material added to the Missile 20
Technology Control Regime Annex after the 21
day before the date of the enactment of this 22
Act. 23
(3) F
OREIGN PERSON.—The term ‘‘foreign per-24
son’’— 25
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(A) means an individual or entity that is 1
not a United States person; and 2
(B) includes a foreign state (as such term 3
is defined in section 1603 of title 28, United 4
States Code). 5
(4) G
OOD.—The term ‘‘good’’ means any arti-6
cle, natural or manmade substance, material, supply 7
or manufactured product, including inspection and 8
test equipment, and excluding technical data. 9
(5) G
OVERNMENT OF IRAN .—The term ‘‘Gov-10
ernment of Iran’’ has the meaning given such term 11
in section 560.304 of title 31, Code of Federal Reg-12
ulations, as such section was in effect on January 1, 13
2021. 14
(6) I
RAN-ALIGNED ENTITY.—The term ‘‘Iran- 15
aligned entity’’ means a foreign person that— 16
(A) is controlled by or reports directly to 17
the Government of Iran; and 18
(B) knowingly receives material or finan-19
cial support from the Government of Iran, in-20
cluding Hezbollah, Ansar Allah, or another Ira-21
nian-backed proxy group. 22
(7) K
NOWINGLY.—The term ‘‘knowingly’’ has 23
the meaning given such term in section 14(13) of 24
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the Iran Sanctions Act of 1996 (50 U.S.C. 1701 1
note). 2
(8) M
ISSILE TECHNOLOGY CONTROL REGIME .— 3
The term ‘‘Missile Technology Control Regime’’ 4
means the policy statement between the United 5
States, the United Kingdom, the Federal Republic of 6
Germany, France, Italy, Canada, and Japan that 7
was announced on April 16, 1987, to restrict sen-8
sitive missile-relevant transfers based on the Missile 9
Technology Control Regime Annex, and any amend-10
ments thereto or expansions thereof, as in effect on 11
the day before the date of the enactment of this Act. 12
(9) M
ISSILE TECHNOLOGY CONTROL REGIME 13
ANNEX.—The term ‘‘Missile Technology Control Re-14
gime Annex’’ means the Guidelines and Equipment 15
and Technology Annex of the Missile Technology 16
Control Regime, and any amendments thereto or up-17
dates thereof, as in effect on the day before the date 18
of the enactment of this Act. 19
(10) U
NITED STATES PERSON .—The terms 20
‘‘United States person’’ means— 21
(A) a United States citizen; 22
(B) a permanent resident alien of the 23
United States; 24
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(C) an entity organized under the laws of 1
the United States or of any jurisdiction within 2
the United States, including a foreign branch of 3
such an entity; or 4
(D) a person in the United States. 5
SEC. 5. DEPARTMENT OF STATE REPORT ON DIPLOMATIC 6
STRATEGY AND OTHER ASPECTS OF UNITED 7
NATIONS SECURITY COUNCIL RESOLUTION 8
2231 EXPIRATIONS. 9
Not later than 90 days after the date of the enact-10
ment of this Act, and annually thereafter for the following 11
4 years, the Secretary of State, in coordination with the 12
heads of other relevant departments and agencies, shall 13
submit to the appropriate congressional committees an un-14
classified report, with a classified annex, if necessary, that 15
includes— 16
(1) a diplomatic strategy to secure the renewal 17
of international restrictions on certain missile-re-18
lated activities, including transfers to and from Iran 19
set forth in Annex B to United Nations Security 20
Council Resolution 2231 (2015) before October 21
2023; 22
(2) an analysis of how the expiration of missile- 23
related restrictions set forth in Annex B to United 24
Nations Security Council Resolution 2231 would im-25
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pact the Government of Iran’s arms proliferation 1
and malign activities, including as the restrictions 2
relate to cooperation with, and support for, Iran- 3
aligned entities and allied countries; 4
(3) an assessment of the revenue, or non-cash 5
benefits, to be accrued by the Government of Iran, 6
or Iran-aligned entities, as a result of a lapse in mis-7
sile-related restrictions set forth in Annex B to 8
United Nations Security Council Resolution 2231; 9
(4) a detailed description of the United States 10
strategy to deter, prevent, and disrupt the sale, pur-11
chase, or transfer of covered technology involving 12
Iran absent restrictions set forth in Annex B to 13
United Nations Security Council Resolution 2231; 14
(5) the identification of any foreign person en-15
gaging in, enabling, or otherwise facilitating any ac-16
tivity involving Iran restricted under Annex B to 17
United Nations Security Council Resolution 2231, 18
regardless of whether such restrictions remain in ef-19
fect after October 2023; 20
(6) a description of actions by the United Na-21
tions and other multilateral organizations, including 22
the European Union, to hold accountable foreign 23
persons that have violated the restrictions set forth 24
in Annex B to United Nations Security Council Res-25
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olution 2231, and efforts to prevent further viola-1
tions of such restrictions; 2
(7) a description of actions by individual mem-3
ber states of the United Nations Security Council to 4
hold accountable foreign persons that have violated 5
restrictions set forth in Annex B to United Nations 6
Security Council Resolution 2231 and efforts to pre-7
vent further violations of such restrictions; 8
(8) a description of actions taken by the Peo-9
ple’s Republic of China, the Russian Federation, or 10
any other country to prevent, interfere with, or un-11
dermine efforts to hold accountable foreign persons 12
that have violated the restrictions set forth in Annex 13
B to United Nations Security Council Resolution 14
2231, including actions to restrict United Nations- 15
led investigations into suspected violations of such 16
restrictions, or limit funding to relevant United Na-17
tions offices or experts; 18
(9) an analysis of the foreign and domestic sup-19
ply chains in Iran that directly or indirectly facili-20
tate, support, or otherwise aid the Government of 21
Iran’s drone or missile program, including storage, 22
transportation, or flight-testing of related goods, 23
technology, or components; 24
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(10) the identification of any foreign entity or 1
entities that enables, supports, or otherwise facili-2
tates the operations or maintenance of any Iranian 3
airline subject to United States sanctions or export 4
control restrictions; 5
(11) an assessment of how the continued oper-6
ation of Iranian airlines subject to United States 7
sanctions or export control restrictions impacts the 8
Government of Iran’s ability to transport or develop 9
arms, including covered technology; and 10
(12) a description of actions taken by the Peo-11
ple’s Republic of China, the Russian Federation, or 12
any other country that have violated the restrictions 13
set forth in Annex B of United Nations Security 14
Council Resolution 2231, including any purchase, 15
transfer, or acquisition of covered technology or 16
component parts. 17
SEC. 6. COMBATING THE PROLIFERATION OF IRANIAN MIS-18
SILES. 19
(a) I
NGENERAL.—The actions, including sanctions, 20
described in subsection (b) shall apply to any foreign per-21
son the President determines, on or after the date of the 22
enactment of this Act— 23
(1) knowingly engages in any effort to acquire, 24
possess, develop, transport, transfer, or deploy cov-25
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ered technology to, from, or involving the Govern-1
ment of Iran or Iran-aligned entities, regardless of 2
whether the restrictions set forth in Annex B to 3
United Nations Security Council Resolution 2231 4
(2015) remain in effect after October 2023; 5
(2) knowingly provides entities owned or con-6
trolled by the Government of Iran or Iran-aligned 7
entities with goods, technology, parts, or compo-8
nents, that may contribute to the development of 9
covered technology; 10
(3) knowingly participates in joint missile or 11
drone development, including development of covered 12
technology, with the Government of Iran or Iran- 13
aligned entities, including technical training, storage, 14
and transport; 15
(4) knowingly imports, exports, or re-exports to, 16
into, or from Iran, whether directly or indirectly, 17
any significant arms or related materiel prohibited 18
under paragraph (5) or (6) to Annex B of United 19
Nations Security Council Resolution 2231 (2015) as 20
of April 1, 2023; or 21
(5) knowingly provides significant financial, ma-22
terial, or technological support to, or knowingly en-23
gages in a significant transaction with, a foreign 24
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person subject to sanctions for conduct described in 1
paragraph (1), (2), (3), or (4). 2
(b) S
ANCTIONSDESCRIBED.—The sanctions de-3
scribed in this subsection are the following: 4
(1) B
LOCKING OF PROPERTY .—The President 5
shall exercise all authorities granted under the Inter-6
national Emergency Economic Powers Act (50 7
U.S.C. 1701 et seq.) to the extent necessary to block 8
and prohibit all transactions in property and inter-9
ests in property of the foreign person if such prop-10
erty and interests in property are in the United 11
States, come within the United States, or come with-12
in the possession or control of a United States per-13
son. 14
(2) I
NELIGIBILITY FOR VISAS, ADMISSION, OR 15
PAROLE.— 16
(A) V
ISAS, ADMISSION, OR PAROLE.—An 17
alien described in subsection (a) shall be— 18
(i) inadmissible to the United States; 19
(ii) ineligible to receive a visa or other 20
documentation to enter the United States; 21
and 22
(iii) otherwise ineligible to be admitted 23
or paroled into the United States or to re-24
ceive any other benefit under the Immigra-25
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tion and Nationality Act (8 U.S.C. 1101 et 1
seq.). 2
(B) C
URRENT VISAS REVOKED .— 3
(i) I
N GENERAL.—The visa or other 4
entry documentation of any alien described 5
in subsection (a) is subject to revocation 6
regardless of the issue date of the visa or 7
other entry documentation. 8
(ii) I
MMEDIATE EFFECT .—A revoca-9
tion under clause (i) shall, in accordance 10
with section 221(i) of the Immigration and 11
Nationality Act (8 U.S.C. 1201(i))— 12
(I) take effect immediately; and 13
(II) cancel any other valid visa or 14
entry documentation that is in the 15
possession of the alien. 16
(c) P
ENALTIES.—Any person that violates, or at-17
tempts to violate, subsection (a) or any regulation, license, 18
or order issued pursuant to that subsection, shall be sub-19
ject to the penalties set forth in subsections (b) and (c) 20
of section 206 of the International Economic Powers Act 21
(50 U.S.C. 1705) to the same extent as a person that com-22
mits an unlawful act described in subsection (a) of that 23
section. 24
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(d) WAIVER.—The President may waive the applica-1
tion of sanctions under this section with respect to a for-2
eign person only if, not later than 15 days before the date 3
on which the waiver is to take effect, the President sub-4
mits to the appropriate congressional committees a written 5
determination and justification that the waiver is in the 6
vital national security interests of the United States. 7
(e) I
MPLEMENTATION.—The President may exercise 8
all the authorities provided under sections 203 and 205 9
of the International Emergency Economic Powers Act (50 10
U.S.C. 1702 and 1704) to carry out the amendments 11
made by this section. 12
(f) R
ULEMAKING.— 13
(1) I
N GENERAL.—Not later than 120 days 14
after the date of the enactment of this Act, the 15
President, in consultation with the Secretary of 16
State, shall promulgate any regulations that are nec-17
essary to implement this Act and the amendments 18
made by this Act. 19
(2) N
OTIFICATION TO CONGRESS .—Not less 20
than 10 days before the promulgation of regulations 21
pursuant to paragraph (1), the President shall sub-22
mit to the appropriate congressional committees— 23
(A) a copy of the proposed regulations; 24
and 25
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(B) a description of the specific provisions 1
of this Act and the amendments made by this 2
Act that such regulations are implementing. 3
(g) E
XCEPTIONS.— 4
(1) E
XCEPTION FOR INTELLIGENCE ACTIVI -5
TIES.—Sanctions authorized under this section shall 6
not apply to any activity subject to the reporting re-7
quirements under title V of the National Security 8
Act of 1947 (50 U.S.C. 3091 et seq.) or any author-9
ized intelligence activities of the United States. 10
(2) E
XCEPTION TO COMPLY WITH INTER -11
NATIONAL OBLIGATIONS AND FOR LAW ENFORCE -12
MENT ACTIVITIES.—Sanctions authorized under this 13
section shall not apply with respect to an alien if ad-14
mitting or paroling the alien into the United States 15
is necessary— 16
(A) to permit the United States to comply 17
with the Agreement regarding the Head-18
quarters of the United Nations, signed at Lake 19
Success June 26, 1947, and entered into force 20
November 21, 1947, between the United Na-21
tions and the United States, or other applicable 22
international obligations; or 23
(B) to carry out or assist authorized law 24
enforcement activity in the United States. 25
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(3) EXCEPTION RELATING TO IMPORTATION OF 1
GOODS.—The authorities and requirements to im-2
pose sanctions authorized under this section shall 3
not include the authority or a requirement to impose 4
sanctions on the importation of goods. 5
(h) T
ERMINATION OF SANCTIONS.—This section 6
shall cease to be effective beginning on the date that is 7
30 days after the date on which the President certifies 8
to the appropriate congressional committees that— 9
(1) the Government of Iran no longer provides 10
support for international terrorism, as determined 11
by the Secretary of State pursuant to— 12
(A) section 1754(c)(1)(A) of the Export 13
Control Reform Act of 2018 (50 U.S.C. 14
4318(c)(1)(A)); 15
(B) section 620A of the Foreign Assistance 16
Act of 1961 (22 U.S.C. 2371); 17
(C) section 40 of the Arms Export Control 18
Act (22 U.S.C. 2780); or 19
(D) any other provision of law; and 20
(2) Iran has ceased the pursuit, acquisition, 21
and development of, and verifiably dismantled, its 22
nuclear, biological, and chemical weapons and bal-23
listic missiles and ballistic missile launch technology. 24
Æ
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