SHIP Act
What changed between versions
Port operator liability narrowed: previously covered anyone who 'knowingly owns or operates a foreign port where at least 1 designated vessel has landed'; now requires the person to have 'knowingly facilitated or accommodated' the vessel's landing, meaning passive hosting is no longer enough.
New safe harbor (section 3(d)): a foreign person is not deemed to know petroleum originated from Iran if they relied on a certificate of origin or other documentation confirming non-Iranian origin, unless they knew or had reason to know the documentation was falsified.
Family member exception added: adult family members of designated persons are now exempt if the President determines there is clear and convincing evidence they disassociated from the foreign person and did not assist in concealing assets.
Ownership-based designation narrowed: previously covered anyone 'owned or controlled by' a designated person; now requires ownership as defined by 31 CFR 510.411 and only applies if the parent entity has been specifically designated for such conduct.
Removed the broad provision (old paragraph 7) that covered anyone who 'knowingly engages in a significant transaction with, or provides material support to or for' a designated person. This was one of the widest-reaching provisions in the original bill.
New section 5 explicitly excludes importation of goods from sanctions authority, defining 'good' broadly to include articles, substances, materials, supplies, manufactured products, and inspection/test equipment, but excluding technical data.
Waiver standard broadened: the President may now waive sanctions if vital to 'the national interests' of the United States rather than the narrower 'national security interests.'
Added the Committee on the Judiciary to both House and Senate lists of appropriate congressional committees for notification purposes.
Expanded 'petrochemicals' explicitly into the ship-to-ship transfer provision and changed 'deals in' language to 'engages in transactions involving' in two provisions, slightly broadening those specific covered activities.