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22 U.S.C. § 9265a — Rulemaking

Federal law — U.S. Code and appendices · legal_authorities

22 U.S.C. § 9265a — Rulemaking

**(a) In general** The President is authorized to promulgate such rules and regulations as may be necessary to carry out the provisions of this chapter (which may include regulatory exceptions), including under section 205 of the International Emergency Economic Powers Act ([50 U.S.C. 1704](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title50-section1704&num=0&edition=prelim)). **(b) Rule of construction** Nothing in this chapter, or in any amendment made by this Act, may be construed to limit the authority of the President to designate or sanction persons pursuant to an applicable Executive order or otherwise pursuant to the International Emergency Economic Powers Act ([50 U.S.C. 1701](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title50-section1701&num=0&edition=prelim) et seq.).

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Source location: Title 22, Chapter 99, § 9265a; chapter-099-north-korea-sanctions-and-policy-enhancement.md

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**(a) In general** The President is authorized to promulgate such rules and regulations as may be necessary to carry out the provisions of this chapter (which may include regulatory exceptions), including under section 205 of the International Emergency Economic Powers Act ([50 U.S.C. 1704](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title50-section1704&num=0&edition=prelim)). **(b) Rule of construction** Nothing in this chapter, or in any amendment made by this Act, may be construed to limit the authority of the President to designate or sanction persons pursuant to an applicable Executive order or otherwise pursuant to the International Emergency Economic Powers Act ([50 U.S.C. 1701](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title50-section1701&num=0&edition=prelim) et seq.).

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Federal law — U.S. Code and appendices · legal_authorities

22 U.S.C. § 9212 — Definitions

In this chapter: (1) **Applicable Executive order** — The term “applicable Executive order” means— (A) Executive Order 13382 ([50 U.S.C. 1701](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title50-section1701&num=0&edition=prelim) note; relating to blocking property of weapons of mass destruction proliferators and their supporters), Executive Order 13466 ([50 U.S.C. 1701](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title50-section1701&num=0&edition=prelim) note; relating to continuing certain restrictions with respect to North Korea and North Korean nationals), Executive Order 13551 ([50 U.S.C. 1701](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title50-section1701&num=0&edition=prelim) note; relating to blocking property of certain persons with respect to North Korea), Executive Order 13570 ([50 U.S.C. 1701](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title50-section1701&num=0&edition=prelim) note; relating to prohibiting certain transactions with respect to North Korea), Executive Order 13619 ([50 U.S.C. 1701](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title50-section1701&num=0&edition=prelim) note; relating to blocking property of persons threatening the peace, security, or stability of Burma), Executive Order 13687 ([50 U.S.C. 1701](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title50-section1701&num=0&edition=prelim) note; relating to imposing additional sanctions with respect to North Korea), Executive Order No. 13694 ([50 U.S.C. 1701](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title50-section1701&num=0&edition=prelim) note; relating to blocking the property of certain persons engaging in significant malicious cyber-enabled activities), or Execut

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Federal law — U.S. Code and appendices · legal_authorities

50 U.S.C. § 1701 — Unusual and extraordinary threat; declaration of national emergency; exercise of Presidential authorities

**(a)** Any authority granted to the President by [section 1702 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title50-section1702&num=0&edition=prelim) may be exercised to deal with any unusual and extraordinary threat, which has its source in whole or substantial part outside the United States, to the national security, foreign policy, or economy of the United States, if the President declares a national emergency with respect to such threat. **(b)** The authorities granted to the President by [section 1702 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title50-section1702&num=0&edition=prelim) may only be exercised to deal with an unusual and extraordinary threat with respect to which a national emergency has been declared for purposes of this chapter and may not be exercised for any other purpose. Any exercise of such authorities to deal with any new threat shall be based on a new declaration of national emergency which must be with respect to such threat.

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Federal law — U.S. Code and appendices · legal_authorities

50 U.S.C. § 1704 — Authority to issue regulations

The President may issue such regulations, including regulations prescribing definitions, as may be necessary for the exercise of the authorities granted by this chapter.

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Federal law — U.S. Code and appendices · legal_authorities

22 U.S.C. § 9201 — Waivers, exemptions, and termination

**(a) Omitted** **(b) Suspension** (1) **In general** — Subject to [section 9265 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title22-section9265&num=0&edition=prelim), the President may suspend the application of any provision of or amendment made by this subtitle 11 See References in Text note below. (other than [section 9269d of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title22-section9269d&num=0&edition=prelim) or [section 9221b(e) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title22-section9221b/e&num=0&edition=prelim), as added by section 7121 1 of this title) with respect to an entity, individual, or transaction, for renewable periods of not more than 180 days each if, before such a suspension or renewal of such a suspension takes effect, the President submits to the appropriate congressional committees— (A) a certification that— (i) the Government of North Korea has— (I) committed to the verifiable suspension of North Korea’s proliferation and testing of weapons of mass destruction, including systems designed in whole or in part for the delivery of such weapons; and (II) has agreed to multilateral talks including the Government of the United States, with the goal of permanently and verifiably limiting North Korea’s weapons of mass destruction and ballistic missile programs; or (ii) the suspension is vital to the national security interests of the United States; and (B) if the President submits a certification under subparagraph (A)(ii), an explanation of the reasons the suspension is vital to the national security interests of the United States. (2) **Omitted** **(c) Termination** Subject to [section 9265 of this title](https://uscode.ho

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Federal law — U.S. Code and appendices · legal_authorities

22 U.S.C. § 290l–10 — Opposition to assistance for any government that fails to implement sanctions on North Korea

**(a) In general** The Secretary of the Treasury shall instruct the United States Executive Director at each international financial institution (as defined in [section 262r(c) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title22-section262r/c&num=0&edition=prelim)) that it is the policy of the United States to oppose the provision by that institution of financial assistance to a foreign government, other than assistance to support basic human needs, if the President determines that, in the year preceding consideration of approval of such assistance, the government has knowingly failed to adequately enforce sanctions under an applicable United Nations Security Council resolution (as defined in [section 9202 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title22-section9202&num=0&edition=prelim)). **(b) Waiver** The President may waive subsection (a) for up to 180 days at a time with respect to a foreign government if the President— (1) determines that— (A) the failure of the foreign government described in subsection (a) is due exclusively to a lack of capacity on the part of the foreign government; (B) the foreign government is taking effective steps to prevent recurrence of such failure; or (C) the waiver is in the national security interests of the United States; and (2) submits to Congress a report on the reasons for the determination under paragraph (1).

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Federal law — U.S. Code and appendices · legal_authorities

22 U.S.C. § 9265a — Reports on certain licensing actions

Page 2214 TITLE 22—FOREIGN RELATIONS AND INTERCOURSE § 9265 1 See References in Text note below. meanings given those terms in section 9202 of this title. (Pub. L. 116–92, div. F, title LXXI, § 7112, Dec. 20, 2019, 133 Stat. 2244.) Editorial Notes REFERENCES IN TEXT This subtitle, referred to in text, is subtitle A of title LXXI of div. F of Pub. L. 116–92, Dec. 20, 2019, 133 Stat. 2244, which enacted this subchapter and sections 262p–13, 286yy, 9221b, and 9221c of this title, amended sections 9202, 9212, 9214, 9223, 9224, 9228, 9241, and 9251 of this title, repealed sections 262p–13 and 286yy of this title, and enacted provisions set out as notes under sec- tions 262p–13 and 286yy of this title. For complete clas- sification of this subtitle to the Code, see Tables. CODIFICATION Section was enacted as part of the Otto Warmbier North Korea Nuclear Sanctions and Enforcement Act of 2019, and also as part of the National Defense Author- ization Act for Fiscal Year 2020, and not as part of the North Korea Sanctions and Policy Enhancement Act of 2016 which comprises this chapter. PART I—CONGRESSIONAL REVIEW AND OVERSIGHT § 9265. Notification of termination or suspension of sanctions Before taking any action to terminate or sus- pend the application of sanctions under this sub- title 1 or an amendment made by this subtitle, the President shall notify the appropriate con- gressional committees of the President’s intent to take the action and the reasons for the ac- tion. (Pub. L. 116–92, div. F, title LXXI, § 7131, Dec. 20, 2019, 133 Stat. 2252.) Editorial Notes REFERENCES IN TEXT This subtitle, referred to in text, is subtitle A of title LXXI of div. F of Pub. L. 116–92, Dec. 20, 2019, 133 Stat. 2244, which enacted this subchapter and sections 26

Source: Supplied 2024 U.S. Code historical extraction · 22 U.S.C. § 9265a

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Federal law — U.S. Code and appendices · legal_authorities

50 U.S.C. § 1701 — Unusual and extraordinary threat; dec-

Page 151 TITLE 50—WAR AND NATIONAL DEFENSE § 1701 CHAPTER 35—INTERNATIONAL EMERGENCY ECONOMIC POWERS Sec. 1701. Unusual and extraordinary threat; declara- tion of national emergency; exercise of Presidential authorities. 1702. Presidential authorities. 1703. Consultation and reports. 1704. Authority to issue regulations. 1705. Penalties. 1706. Savings provisions. 1707. Multinational economic embargoes against governments in armed conflict with the United States. 1708. Actions to address economic or industrial es- pionage in cyberspace. 1709. Imposition of sanctions with respect to theft of trade secrets of United States persons. 1710. Confronting asymmetric and malicious cyber activities. § 1701. Unusual and extraordinary threat; dec- laration of national emergency; exercise of Presidential authorities (a) Any authority granted to the President by section 1702 of this title may be exercised to deal with any unusual and extraordinary threat, which has its source in whole or substantial part outside the United States, to the national secu- rity, foreign policy, or economy of the United States, if the President declares a national emergency with respect to such threat. (b) The authorities granted to the President by section 1702 of this title may only be exer- cised to deal with an unusual and extraordinary threat with respect to which a national emer- gency has been declared for purposes of this chapter and may not be exercised for any other purpose. Any exercise of such authorities to deal with any new threat shall be based on a new dec- laration of national emergency which must be with respect to such threat. (Pub. L. 95–223, title II, § 202, Dec. 28, 1977, 91 Stat. 1626.) Statutory Notes and Related Subsidiaries SHORT TITLE

Source: Supplied 2024 U.S. Code historical extraction · 50 U.S.C. § 1701

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Federal law — U.S. Code and appendices · legal_authorities

50 U.S.C. § 1704 — Authority to issue regulations

Page 227 TITLE 50—WAR AND NATIONAL DEFENSE § 1706 Editorial Notes REFERENCES IN TEXT The National Emergencies Act, referred to in subsec. (d), is Pub. L. 94–412, Sept. 14, 1976, 90 Stat. 1255. Title IV of the National Emergencies Act enacted subchapter IV (§ 1641) of chapter 34 of this title. For complete clas- sification of this Act to the Code, see Short Title note set out under section 1601 of this title and Tables. § 1704. Authority to issue regulations The President may issue such regulations, in- cluding regulations prescribing definitions, as may be necessary for the exercise of the authori- ties granted by this chapter. (Pub. L. 95–223, title II, § 205, Dec. 28, 1977, 91 Stat. 1628.) § 1705. Penalties (a) Unlawful acts It shall be unlawful for a person to violate, at- tempt to violate, conspire to violate, or cause a violation of any license, order, regulation, or prohibition issued under this chapter. (b) Civil penalty A civil penalty may be imposed on any person who commits an unlawful act described in sub- section (a) in an amount not to exceed the greater of— (1) $250,000; or (2) an amount that is twice the amount of the transaction that is the basis of the viola- tion with respect to which the penalty is im- posed. (c) Criminal penalty A person who willfully commits, willfully at- tempts to commit, or willfully conspires to com- mit, or aids or abets in the commission of, an unlawful act described in subsection (a) shall, upon conviction, be fined not more than $1,000,000, or if a natural person, may be impris- oned for not more than 20 years, or both. (d) Statute of limitations (1) Time for commencing proceedings (A) In general An action, suit, or proceeding for the en- forcement of any civil fine, penalty, or for- feiture, p

Source: Supplied 2024 U.S. Code historical extraction · 50 U.S.C. § 1704

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