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GAO-12-316R 1 (2012-01-24)

handle is hein.gao/gaobacfqz0001 and id is 1 raw text is: 





         Accountabiliy - Integrity - Reliability
United States Government Accountability Office
Washington, DC 20548





           January 24, 2012

           The Honorable Claire McCaskill
           Chairman
           Subcommittee on Contracting Oversight
           Committee on Homeland Security and Governmental Affairs
           United States Senate

           Subject: Actions to Enforce the Iran Sanctions Act and Implement Contractor Certification
           Requirement

           Dear Madam Chairman:

           It is the policy of the United States to deter Iran from developing its nuclear program,
           supporting terrorism, and abusing human rights by limiting the development of Iran's energy
           sector, which is vital to its economy and government. The Iran Sanctions Act of 1996 (ISA),
           as amended, provides for sanctions against firms determined to have made certain
           investments in Iran's energy sector.1 While the ISA applies to all firms, U.S. firms were
           already prohibited from investing in Iran under a U.S. trade embargo, and the ISA was
           enacted to encourage foreign firms to withdraw from the Iranian market. However, no
           sanctions have been imposed under the ISA by any prior administration.

           The Comprehensive Iran Sanctions, Accountability, and Divestment Act of 2010 (CISADA)2
           amended the ISA by expanding the energy-related activities for which sanctions could be
           applied to include firms determined to have provided to Iran or invested in Iran's
           development of refined petroleum products.3 Sanctions include excluding firms from
           receiving U.S. government contracts. CISADA also directed that the Federal Acquisition
           Regulation (FAR) be revised to require firms seeking U.S. government contracts to certify
           that neither they nor any firms owned or controlled by them are engaged in activities for
           which sanctions may be imposed under section 5 of the ISA. If a contractor submits a false
           certification, agencies may terminate the contract, or suspend or debar the contractor, in
           accordance with procedures in the FAR, from government contracts. The certification
           requirement may be waived in the interest of national security. The Department of State
           (State) is responsible for enforcing the energy-related sanctions under the ISA, as amended.


           1 Iran and Libya Sanctions Act of 1996, Pub. L. No. 104-172, § 5, 110 Stat. 1541, 1543, as amended.
           The name of the law was changed to Iran Sanctions Act of 1996 in 2006 by the Iran Freedom Support
           Act, Pub. L. No. 109-293, 120 Stat. 1344.
           2 Pub. L. No. 111-195, 124 Stat. 1312.
           3 The act provides for sanctions against firms that sell or provide refined petroleum or related goods
           and services, including technology, information, or support, that could directly and significantly
           facilitate the maintenance or expansion of Iran's domestic production of refined petroleum products.


GAO-12-316R Iran Sanctions


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