Overview

Title

An Act To require the Secretary of the Treasury to report on financial institutions’ involvement with officials of the Iranian Government, and for other purposes.

ELI5 AI

The bill is like a rule saying that the U.S. needs to keep an eye on how banks are dealing with people who run Iran, making sure they're not hiding or doing anything sneaky with money. It also lets the President decide to keep some things secret about this if it helps the country.

Summary AI

The Holding Iranian Leaders Accountable Act of 2023 requires the U.S. Secretary of the Treasury to report on the involvement of financial institutions with Iranian officials. The Act mandates a report, due 180 days after enactment and every two years thereafter, detailing the estimated assets under the control of key Iranian officials and describing any corrupt or illicit methods used with these assets. The Act grants the President authority to exempt individuals from reporting requirements under certain conditions and emphasizes making the unclassified portion of reports publicly available if it serves U.S. national interests. This legislation will be in effect for either five years or until certain conditions regarding Iran's money laundering status and cooperation with the U.S. are met.

Published

2024-04-16
Congress: 118
Session: 2
Chamber: HOUSE
Status: Engrossed in House
Date: 2024-04-16
Package ID: BILLS-118hr6245eh

Bill Statistics

Size

Sections:
7
Words:
2,418
Pages:
14
Sentences:
64

Language

Nouns: 700
Verbs: 144
Adjectives: 169
Adverbs: 24
Numbers: 105
Entities: 171

Complexity

Average Token Length:
4.33
Average Sentence Length:
37.78
Token Entropy:
5.20
Readability (ARI):
21.30

AnalysisAI

Overview of the Bill

The proposed legislation, titled the "Holding Iranian Leaders Accountable Act of 2023," is a U.S. Congressional bill aiming to increase oversight of financial interactions between international financial institutions and Iranian officials. It tasks the Secretary of the Treasury with regularly reporting on the financial activities and assets connected to senior Iranian leaders, including those of the Islamic Revolutionary Guard Corps (IRGC). This involves detailing how these assets were acquired, used, and identifying any foreign financial institutions involved in these transactions. Significantly, the bill also outlines measures for financial sanctions and exemptions for certain activities, touching on national security and humanitarian grounds. The Act has a sunset clause, expiring five years after enactment unless conditions merit earlier termination.

Significant Issues

When examining this bill, several important issues come to light. One primary concern involves the waiver provision under Section 3, which permits the President to bypass certain reporting requirements if deemed in the "national interest." However, the lack of a precise definition for "national interest" could potentially allow for broad, and at times subjective, use of this power.

Section 4 discusses severe restrictions on financial institutions but lacks a clear protocol for identifying the affected entities. This vagueness could result in arbitrary decisions impacting both U.S. and foreign financial institutions, creating uncertainty within the financial sector.

Additionally, the bill's language, particularly in Sections 3 and 4, is complex and may not be accessible to the general public, which might hinder understanding and support for the legislation. Moreover, Section 2 provides limited specifics regarding Iran's financial maneuvers, which weakens the bill's justification and may decrease public awareness of the alleged threats.

Lastly, the exemptions for national security-related activities under Section 5 carry the risk of insufficient oversight, potentially leading to misuse of granted powers without adequate transparency or accountability.

Broad Public Impact

The bill's provisions, particularly those imposing financial restrictions, could influence the global financial landscape by isolating financial interactions with targeted Iranian entities. This isolation could intensify economic pressures on Iran but might also inadvertently affect those conducting legitimate business activities with or within Iran. For U.S. citizens, this bill underscores a commitment to combating terrorism and ensuring that funds are not funneled to support illicit activities, reinforcing national security objectives.

However, the potential lack of transparency due to the complex language and possible withholding of vital information due to classified annexes might leave citizens questioning the bill's broader implications. If executed with precision, the bill could effectively deter financial misconduct linked to Iran, yet its current form may require additional clarity to assure informed public engagement.

Impact on Specific Stakeholders

The bill prominently impacts financial institutions, which may face significant compliance burdens or even sanctions if linked to the Iranian officials outlined in the report. U.S. financial bodies may need to enhance due diligence processes to avoid falling foul of these new requirements. Internationally, foreign financial institutions might be prompted to realign strategies to maintain favorable relations with the United States or avoid sanctions, possibly impacting their operations.

Moreover, Iranian leaders and affiliates directly mentioned in the bill face increased scrutiny, potentially limiting their financial avenues. This could achieve the U.S. objective of weakening links supporting Iran's alleged terror-related operations. Conversely, humanitarian organizations might find the bill a mixed blessing, as exceptions for humanitarian transactions threaten to become mired in bureaucratic complications without clear guidelines.

In sum, while the bill has genuine potential to enact positive change, the execution and sustained clarity in its provisions will determine its broader efficacy and acceptance among various stakeholders.

Issues

  • The waiver provision in Section 3 allows the President considerable discretion to waive the reporting requirements for up to one year in the name of 'national interest' without a specific definition of what constitutes the national interest, potentially allowing for broad and possibly arbitrary use of this power.

  • Section 4 outlines severe restrictions on financial institutions, including the closure of accounts and cessation of services, but lacks a clear process for determining which institutions are affected. This could lead to arbitrary decisions impacting financial institutions both in the U.S. and internationally.

  • Section 2 states that Iran has developed covert methods for accessing the financial system, yet fails to provide specific examples or details, which could obscure the bill's rationale and reduce public understanding of the risks.

  • The requirement for the report in Section 3 to be unclassified but allowing a classified annex might lead to crucial details being withheld from public scrutiny, which could reduce transparency and accountability.

  • The language throughout Sections 3 and 4 uses complex terms and lacks clarity, making it difficult for the general public to fully understand the implications of the requirements, potentially impacting its implementation and public support.

  • Section 5 exempts activities related to national security and intelligence, which may lack adequate oversight and transparency, possibly allowing for misuse of funds or activities without sufficient checks.

  • The definition of 'appropriate Members of Congress' in Sections 6 and 7 could lead to confusion as it does not specify the exact roles or positions beyond listing titles, which could affect communication and reporting processes.

  • Section 6's ambiguity regarding the sunset provision, particularly with the phrase 'in the earlier of,' may create uncertainty about the exact termination date of the Act, complicating its application and enforcement.

Sections

Sections are presented as they are annotated in the original legislative text. Any missing headers, numbers, or non-consecutive order is due to the original text.

1. Short title Read Opens in new tab

Summary AI

The first section of the Act specifies its short title, which is the "Holding Iranian Leaders Accountable Act of 2023".

2. Findings Read Opens in new tab

Summary AI

The Congress outlines that Iran has significant corruption issues and its military is involved in the economy, particularly the IRGC. There are concerns about Iran's financial sector, as highlighted by the Department of Treasury and the Financial Action Task Force, due to money laundering and other illicit activities. Furthermore, Iran continues to be a major sponsor of terrorism, supporting groups in countries like Bahrain, Iraq, Lebanon, Syria, and Yemen, according to the State Department.

3. Report on financial institutions and assets connected to certain Iranian officials Read Opens in new tab

Summary AI

The section requires the President to report every two years to Congress on the financial assets and activities of certain Iranian officials, describing how they acquired and used these assets. It allows exemptions and waivers under specific conditions, and requires that unclassified parts of the report be made public if it serves the national interest, available in multiple languages on the Department of the Treasury's website.

4. Restrictions on certain financial institutions Read Opens in new tab

Summary AI

The section outlines actions the Secretary must take within 90 days after submitting a report, including requiring U.S. financial institutions to close certain accounts and stop significant financial services to individuals in the report, and seeking similar actions from foreign institutions. The Secretary can suspend these requirements if it's in the national interest, explaining the reasons to Congress.

5. Exceptions for national security; implementation authority Read Opens in new tab

Summary AI

The section outlines exceptions to certain requirements for activities related to national security, including authorized U.S. intelligence activities, compliance with international agreements related to the United Nations, and transactions involving the sale of essential goods or humanitarian aid to Iran.

6. Sunset Read Opens in new tab

Summary AI

The Act will stop being effective either 5 years after it is enacted or 30 days after the Secretary informs Congress that Iran is no longer a primary money laundering concern or is significantly helping the United States with important international issues, like stopping terrorism.

7. Definitions Read Opens in new tab

Summary AI

For this Act, several key terms are defined: "appropriate Members of Congress" include various leaders in the House and Senate; a "financial institution" can be a U.S. or foreign bank; "funds" refer to cash, equities, and other assets like stocks and bonds; "knowingly" means being aware of an action or should have been aware; the "Secretary" is the Secretary of the Treasury; and the "United States financial institution" follows a specific legal definition.