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22 U.S.C. § 10102 — Authorization of imposition of sanctions
Federal law — U.S. Code and appendices · legal_authorities
**(a) In general** The President may impose the sanctions described in subsection (b) with respect to any foreign person the President determines, based on credible evidence—
(1) is responsible for extrajudicial killings, torture, or other gross violations of internationally recognized human rights committed against individuals in any foreign country who seek—
(A) to expose illegal activity carried out by government officials; or
(B) to obtain, exercise, defend, or promote internationally recognized human rights and freedoms, such as the freedoms of religion, expression, association, and assembly, and the rights to a fair trial and democratic elections;
(2) acted as an agent of or on behalf of a foreign person in a matter relating to an activity described in paragraph (1);
(3) is a government official, or a senior associate of such an official, that is responsible for, or complicit in, ordering, controlling, or otherwise directing, acts of significant corruption, including the expropriation of private or public assets for personal gain, corruption related to government contracts or the extraction of natural resources, bribery, or the facilitation or transfer of the proceeds of corruption to foreign jurisdictions; or
(4) has materially assisted, sponsored, or provided financial, material, or technological support for, or goods or services in support of, an activity described in paragraph (3).
**(b) Sanctions described** The sanctions described in this subsection are the following:
(1) **Inadmissibility to United States** — In the case of a foreign person who is an individual—
(A) ineligibility to receive a visa to enter the United States or to be admitted to the United States; or
(B) if the individual has been issued a visa or other documentation, revoc
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Source file: Laws/federal/codes/united-states-code/title-22/section-10102-authorization-of-imposition-of-sanctions--e32f679eb0.md
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Source location: Title 22, Chapter 108, § 10102; chapter-108-global-magnitsky-human-rights-accountability.md
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**(a) In general** The President may impose the sanctions described in subsection (b) with respect to any foreign person the President determines, based on credible evidence—
(1) is responsible for extrajudicial killings, torture, or other gross violations of internationally recognized human rights committed against individuals in any foreign country who seek—
(A) to expose illegal activity carried out by government officials; or
(B) to obtain, exercise, defend, or promote internationally recognized human rights and freedoms, such as the freedoms of religion, expression, association, and assembly, and the rights to a fair trial and democratic elections;
(2) acted as an agent of or on behalf of a foreign person in a matter relating to an activity described in paragraph (1);
(3) is a government official, or a senior associate of such an official, that is responsible for, or complicit in, ordering, controlling, or otherwise directing, acts of significant corruption, including the expropriation of private or public assets for personal gain, corruption related to government contracts or the extraction of natural resources, bribery, or the facilitation or transfer of the proceeds of corruption to foreign jurisdictions; or
(4) has materially assisted, sponsored, or provided financial, material, or technological support for, or goods or services in support of, an activity described in paragraph (3).
**(b) Sanctions described** The sanctions described in this subsection are the following:
(1) **Inadmissibility to United States** — In the case of a foreign person who is an individual—
(A) ineligibility to receive a visa to enter the United States or to be admitted to the United States; or
(B) if the individual has been issued a visa or other documentation, revocation, in accordance with [section 1201(i) of title 8](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title8-section1201/i&num=0&edition=prelim), of the visa or other documentation.
(2) **Blocking of property**
(A) *In general* — The blocking, in accordance with 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.), of all transactions in all property and interests in property of a foreign person if such property and interests in property are in the United States, come within the United States, or are or come within the possession or control of a United States person.
(B) *Inapplicability of national emergency requirement* — The requirements of section 202 of 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)) shall not apply for purposes of this section.
(C) *Exception relating to importation of goods*
(i) *In general* — The authority to block and prohibit all transactions in all property and interests in property under subparagraph (A) shall not include the authority to impose sanctions on the importation of goods.
(ii) *Good* — In this subparagraph, the term “good” has the meaning given that term in section 16 11 See References in Text note below. of the Export Administration Act of 1979 ([50 U.S.C. 4618](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title50-section4618&num=0&edition=prelim)) (as continued in effect 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.)).
**(c) Consideration of certain information in imposing sanctions** In determining whether to impose sanctions under subsection (a), the President shall consider—
(1) information provided jointly by the chairperson and ranking member of each of the appropriate congressional committees; and
(2) credible information obtained by other countries and nongovernmental organizations that monitor violations of human rights.
**(d) Requests by appropriate congressional committees**
(1) **In general** — Not later than 120 days after receiving a request that meets the requirements of paragraph (2) with respect to whether a foreign person has engaged in an activity described in subsection (a), the President shall—
(A) determine if that person has engaged in such an activity; and
(B) submit a classified or unclassified report to the chairperson and ranking member of the committee or committees that submitted the request with respect to that determination that includes—
(i) a statement of whether or not the President imposed or intends to impose sanctions with respect to the person; and
(ii) if the President imposed or intends to impose sanctions, a description of those sanctions.
(2) **Requirements**
(A) *Requests relating to human rights violations* — A request under paragraph (1) with respect to whether a foreign person has engaged in an activity described in paragraph (1) or (2) of subsection (a) shall be submitted to the President in writing jointly by the chairperson and ranking member of one of the appropriate congressional committees.
(B) *Requests relating to corruption* — A request under paragraph (1) with respect to whether a foreign person has engaged in an activity described in paragraph (3) or (4) of subsection (a) shall be submitted to the President in writing jointly by the chairperson and ranking member of—
(i) one of the appropriate congressional committees of the Senate; and
(ii) one of the appropriate congressional committees of the House of Representatives.
**(e) Exception to comply with United Nations Headquarters Agreement and law enforcement objectives** Sanctions under subsection (b)(1) shall not apply to an individual if admitting the individual into the United States would further important law enforcement objectives or is necessary to permit the United States to comply with the Agreement regarding the Headquarters of the United Nations, signed at Lake Success June 26, 1947, and entered into force November 21, 1947, between the United Nations and the United States, or other applicable international obligations of the United States.
**(f) Enforcement of blocking of property** A person that violates, attempts to violate, conspires to violate, or causes a violation of a sanction described in subsection (b)(2) that is imposed by the President or any regulation, license, or order issued to carry out such a sanction shall be subject to the penalties set forth in subsections (b) and (c) of section 206 of the International Emergency Economic Powers Act ([50 U.S.C. 1705](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title50-section1705&num=0&edition=prelim)) to the same extent as a person that commits an unlawful act described in subsection (a) of that section.
**(g) Termination of sanctions** The President may terminate the application of sanctions under this section with respect to a person if the President determines and reports to the appropriate congressional committees not later than 15 days before the termination of the sanctions that—
(1) credible information exists that the person did not engage in the activity for which sanctions were imposed;
(2) the person has been prosecuted appropriately for the activity for which sanctions were imposed;
(3) the person has credibly demonstrated a significant change in behavior, has paid an appropriate consequence for the activity for which sanctions were imposed, and has credibly committed to not engage in an activity described in subsection (a) in the future; or
(4) the termination of the sanctions is in the national security interests of the United States.
**(h) Regulatory authority** The President shall issue such regulations, licenses, and orders as are necessary to carry out this section.
**(i) Identification of sanctionable foreign persons** The Assistant Secretary of State for Democracy, Human Rights, and Labor, in consultation with the Assistant Secretary of State for Consular Affairs and other bureaus of the Department of State, as appropriate, is authorized to submit to the Secretary of State, for review and consideration, the names of foreign persons who may meet the criteria described in subsection (a).
**(j) Appropriate congressional committees defined** In this section, the term “appropriate congressional committees” means—
(1) the Committee on Banking, Housing, and Urban Affairs and the Committee on Foreign Relations of the Senate; and
(2) the Committee on Financial Services and the Committee on Foreign Affairs of the House of Representatives.
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Federal law — U.S. Code and appendices · legal_authorities
The Secretary of State shall perform such duties as shall from time to time be enjoined on or intrusted to him by the President relative to correspondences, commissions, or instructions to or with public ministers or consuls from the United States, or to negotiations with public ministers from foreign states or princes, or to memorials or other applications from foreign public ministers or other foreigners, or to such other matters respecting foreign affairs as the President of the United States shall assign to the Department, and he shall conduct the business of the Department in such manner as the President shall direct.
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Federal law — U.S. Code and appendices · legal_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.
Source: Supplied U.S. Code snapshot — release unconfirmed · 50 U.S.C. § 1701
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Federal law — U.S. Code and appendices · legal_authorities
The President of the United States is authorized to designate and empower the head of any department or agency in the executive branch, or any official thereof who is required to be appointed by and with the advice and consent of the Senate, to perform without approval, ratification, or other action by the President (1) any function which is vested in the President by law, or (2) any function which such officer is required or authorized by law to perform only with or subject to the approval, ratification, or other action of the President: Provided, That nothing contained herein shall relieve the President of his responsibility in office for the acts of any such head or other official designated by him to perform such functions. Such designation and authorization shall be in writing, shall be published in the Federal Register, shall be subject to such terms, conditions, and limitations as the President may deem advisable, and shall be revocable at any time by the President in whole or in part.
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Unlawful acts** It shall be unlawful for a person to violate, attempt 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 subsection (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 violation with respect to which the penalty is imposed.
**(c) Criminal penalty** A person who willfully commits, willfully attempts to commit, or willfully conspires to commit, 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 imprisoned 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 enforcement of any civil fine, penalty, or forfeiture, pecuniary or otherwise, under this section shall not be entertained unless commenced within 10 years after the latest date of the violation upon which the civil fine, penalty, or forfeiture is based.
(B) *Commencement* — For purposes of this paragraph, the commencement of an action, suit, or proceeding includes the issuance of a pre-penalty notice or finding of violation.
(2) **Time for indictment** — No person shall be prosecuted, tried, or punished for any offense under subsection (c) unless the indictment is found or the information is instituted within 10 years after the latest date of the violation upon which the indictment or information is based.
Source: Supplied U.S. Code snapshot — release unconfirmed · 50 U.S.C. § 1705
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Federal law — U.S. Code and appendices · legal_authorities
**(a) In general** The President shall submit to the appropriate congressional committees, in accordance with subsection (b), a report that includes—
(1) a list of each foreign person with respect to which the President imposed sanctions pursuant to [section 10102 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title22-section10102&num=0&edition=prelim) during the year preceding the submission of the report;
(2) a description of the type of sanctions imposed with respect to each such person;
(3) the number of foreign persons with respect to which the President—
(A) imposed sanctions under [section 10102(a) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title22-section10102/a&num=0&edition=prelim) during that year; and
(B) terminated sanctions under [section 10102(g) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title22-section10102/g&num=0&edition=prelim) during that year;
(4) the dates on which such sanctions were imposed or terminated, as the case may be;
(5) the reasons for imposing or terminating such sanctions; and
(6) a description of the efforts of the President to encourage the governments of other countries to impose sanctions that are similar to the sanctions authorized by [section 10102 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title22-section10102&num=0&edition=prelim).
**(b) Dates for submission**
(1) **Initial report** — The President shall submit the initial report under subsection (a) not later than 120 days after December 23, 2016.
(2) **Subsequent reports**
(A) *In general* — The President shall submit a subsequent report under subsection (a) on December 10, or the first day thereafter on which both Houses of Congre
Source: Supplied U.S. Code snapshot — release unconfirmed · 22 U.S.C. § 10103
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Authority to sanction significant traffickers in persons**
(1) **In general** — The President may exercise the authorities set forth in [section 1702 of title 50](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title50-section1702&num=0&edition=prelim) without regard to [section 1701 of title 50](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title50-section1701&num=0&edition=prelim), or [section 10102 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title22-section10102&num=0&edition=prelim), in the case of any of the following persons:
(A) Any foreign person that plays a significant role in a severe form of trafficking in persons, directly or indirectly in the United States.
(B) Foreign persons that materially assist in, or provide financial or technological support for or to, or provide goods or services in support of, activities of a significant foreign trafficker in persons identified pursuant to subparagraph (A).
(C) Foreign persons that are owned, controlled, or directed by, or acting for or on behalf of, a significant foreign trafficker identified pursuant to subparagraph (A).
(D) Officials of a foreign government who participate in, facilitate, or condone severe forms of trafficking in persons for significant financial gain.
(2) **Penalties** — The penalties set forth in [section 1705 of title 50](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title50-section1705&num=0&edition=prelim) apply to violations of any license, order, or regulation issued under this section.
**(b) Report to Congress on identification and sanctioning of significant traffickers in persons**
(1) **In general** — Upon exercising the authority of subsection (a), the President shall report to the approp
Source: Supplied U.S. Code snapshot — release unconfirmed · 22 U.S.C. § 7108
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Federal law — U.S. Code and appendices · legal_authorities
Page 2318
TITLE 22—FOREIGN RELATIONS AND INTERCOURSE
§ 10102
1 See References in Text note below.
Editorial Notes
CODIFICATION
Section was formerly set out in a note under section
2656 of this title.
Statutory Notes and Related Subsidiaries
SHORT TITLE
Pub. L. 114–328, div. A, title XII, § 1261, Dec. 23, 2016,
130 Stat. 2533, provided that: ‘‘This subtitle [subtitle F
(§§ 1261–1264) of title XII of div. A of Pub. L. 114–328, en-
acting this chapter] may be cited as the ‘Global
Magnitsky Human Rights Accountability Act’.’’
§ 10102. Authorization of imposition of sanctions
(a) In general
The President may impose the sanctions de-
scribed in subsection (b) with respect to any for-
eign person the President determines, based on
credible evidence—
(1) is responsible for extrajudicial killings,
torture, or other gross violations of inter-
nationally recognized human rights com-
mitted against individuals in any foreign
country who seek—
(A) to expose illegal activity carried out
by government officials; or
(B) to obtain, exercise, defend, or promote
internationally recognized human rights and
freedoms, such as the freedoms of religion,
expression, association, and assembly, and
the rights to a fair trial and democratic
elections;
(2) acted as an agent of or on behalf of a for-
eign person in a matter relating to an activity
described in paragraph (1);
(3) is a government official, or a senior asso-
ciate of such an official, that is responsible
for, or complicit in, ordering, controlling, or
otherwise directing, acts of significant corrup-
tion, including the expropriation of private or
public assets for personal gain, corruption re-
lated to government contracts or the extrac-
tion of natural resources, bribery, or the fa-
cilitation or transfer of
Source: Supplied 2024 U.S. Code historical extraction · 22 U.S.C. § 10102
Stored review status: historical_2024_not_currentness_verified. Same stored citation; legal effect and authority still require review.
Federal law — U.S. Code and appendices · legal_authorities
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
Stored review status: historical_2024_not_currentness_verified. The source passage cites 50 U.S.C. § 1701. This identifies an authority to review, not proof of applicability.
Federal law — U.S. Code and appendices · legal_authorities
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. § 1705
Stored review status: historical_2024_not_currentness_verified. The source passage cites 50 U.S.C. § 1705. This identifies an authority to review, not proof of applicability.