Detailed Summary

Iran Refined Petroleum Sanctions Act of 2009 - (Sec. 2) Expresses the sense of Congress that: (1) 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 explicit authority to impose additional sanctions on the government of Iran; (2) U.S. concerns regarding Iran are strictly the result of that government’s actions; (3) Iran should disclose the full nature of its nuclear program; (4) the President should impose sanctions on persons or entities acting on behalf of the Islamic Revolutionary Guard Corps (IRGC); (5) government to government agreements to provide Iran with refined petroleum products, such as the September 2009 agreement under which Venezuela committed to providing 20,000 barrels of gasoline per day to Iran, undermine efforts to pressure Iran to suspend its nuclear weapons program; and (6) the people of the United States have feelings of friendship for the people of Iran and hold the people of Iran, their culture, and their ancient and rich history in the highest esteem.

States that it should be U.S. policy to: (1) prevent Iran from achieving nuclear weapons capability, including by supporting international diplomatic efforts to halt Iran's uranium enrichment program; (2) fully implement and enforce the Iran Sanctions Act of 1996 (ISA) in order to encourage foreign governments to direct state-owned and private entities to cease all support of Iran's energy sector and all exports of refined petroleum products to Iran; (3) impose sanctions on the Central Bank of Iran and any other Iranian financial institution engaged in proliferation activities or support of terrorist groups and persuade other countries to deny such institutions access to the international financial system; (5) support Iranians who embrace the values of freedom, human rights, civil liberties, and the rule of law; and (6) assist U.S. citizens held hostage in Iran at any time during the period November 4, 1979-January 20, 1981, and their survivors in matters of related compensation.<br>

(Sec. 3) Amends ISA to direct the President to impose two or more current sanctions under such Act if a person (defined by such Act to include a natural person, business enterprise, or government entity operating as a business enterprise) has knowingly made an investment of $20 million or more (or any combination of investments of at least $5 million which in the aggregate equals or exceeds $20 million in any 12-month period) that directly and significantly contributed to Iran's ability to develop its petroleum resources. (Under current law the sanction thresholds are $40 million, $10 million, and $40 million, respectively.)

Directs the President to impose specified ISA sanctions on a person that knowingly sells, leases, or provides goods, services, technology, information, or support (or contracts to do so) that would allow Iran to maintain or expand its domestic production of refined petroleum resources, including any assistance in refinery construction, modernization, or repair, whose value: (1) exceeds $200,000; or (2) exceeds $500,000 during any 12-month period.

Directs the President to impose specified ISA sanctions on a person that knowingly provides Iran with refined petroleum products, ships, vehicles, other means of transporting refined petroleum products, or related financial services, if such products' and services' value: (1) exceeds $200,000; or (2) exceeds $500,000 during any 12-month period.

Defines &quot;knowingly&quot; as having actual or constructive knowledge.

Sets forth mandatory foreign exchange, banking, and property sanctions for violations of such refined petroleum product production and export prohibitions.

Requires the head of each executive agency to ensure that a contract with a person for the procurement of goods or services, or agreement for the use of federal funds as part of a grant, loan, or loan guarantee requires certification that the person does not conduct any prohibited activity relating to the production or export of refined petroleum products with Iran. Excludes from such provisions: (1) specified higher education loans or other programs; or (2) veterans educational assistance payments.

Authorizes the head of an executive agency to terminate a contract or agreement or debar or suspend a person from federal contract/agreement eligibility for up to three years for submission of a false certification. Requires the inclusion of any such person on the List of Parties Excluded from Federal Procurement and Nonprocurement Programs.

Sets forth the following mandatory sanctions against a country that has jurisdiction over a person that is subject to sanctions relating to the acquisition or development of nuclear weapons, missiles, or related technology: (1) no cooperation agreement between the United States and such country may be submitted to the President or to Congress for approval or may enter into force; and (2) no export license may be issued and no approval may be given for the transfer to such country of any nuclear material, facilities, components, or other goods, services, or technology that would be subject to a cooperation agreement. Excludes a country from such sanctions if the President determines that such country has taken or is taking action to penalize such person and to prevent a reoccurrence of such activity.

Requires the President to immediately investigate a person upon receipt of credible information that such person is engaged in prohibited investment or other activity.

Authorizes the President, if unable to make the determination required to otherwise waive sanctions, to waive sanctions imposed under this Act upon a country that has jurisdiction over a person subject to sanctions relating to the acquisition or development of nuclear weapons, missiles, or related technology.

Revises the presidential standard for waiving sanctions from &quot;important to the national interest of the United States&quot; to &quot;vital to the national security interest of the United States.&quot;

Includes in the President's sanction waiver report to Congress an estimate of the significance of a sanctioned action on Iran's ability to develop its petroleum resources or military capabilities.<br>

Requires additional reporting on Iran's use in the Middle East, the Western Hemisphere, Africa, and other regions of Iranian diplomats and representatives of other government and military or quasi-governmental institutions or proxies of Iran, including Hezbollah, to promote acts of international terrorism or to develop or sustain Iran's nuclear, chemical, biological and missile weapons programs. <br>

Directs the President to report to Congress every six months regarding any person who has: (1) provided Iran with refined petroleum resources; (2) 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 (3) provided Iran with refined petroleum products, ships, vehicles, other means of transporting refined petroleum products, or related financial services, if such products' and services' value exceeds $200,000, or $500,000 during any 12-month period. Requires that such report include information about any person aiding the IRGC.

Directs the President to report annually to Congress regarding the dollar value amount of trade, including the energy sector, between Iran and each country maintaining membership in the Group of Twenty Finance Ministers and Central Bank Governors.

States that the term &quot;petroleum resources&quot; includes petroleum, 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. (Under current law the definition of the term &quot;petroleum resources&quot; is limited to petroleum and natural gas resources.)

Defines &quot;refined petroleum products&quot; as gasoline, kerosene, diesel fuel, residual fuel oil, and distillates and other goods classified in headings 2709 and 2710 of the Harmonized Tariff Schedule of the United States.

Terminates sanctions related to refined petroleum products if the President certifies to Congress that Iran has ceased: (1) efforts to design, develop, manufacture, or acquire a nuclear explosive device or related materials and technology; and (2) nuclear-related activities, including uranium enrichment, that would facilitate such efforts.<br>

Extends ISA through December 31, 2016.

(Sec. 4) Makes this Act effective 60 days following its enactment, subject to exception.

Sets forth rules of construction regarding existing sanctions and waiver authority.<br>

Status of the Legislation

Latest Major Action: 6/28/2010: Presented to President.

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