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22 U.S.C. § 8773 — Interests in certain financial assets of Iran

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

22 U.S.C. § 8773 — Interests in certain financial assets of Iran

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Source file: Laws/federal/codes/united-states-code/title-22/section-8773-interests-in-certain-financial-assets-of-iran--c042b51905.md
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Source location: Title 22, Chapter 94, § 8773; chapter-094-iran-threat-reduction-and-syria-human-rights.md

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**(a) Interests in blocked assets** (1) **In general** — Subject to paragraph (2), notwithstanding any other provision of law, including any provision of law relating to sovereign immunity, and preempting any inconsistent provision of State law, a financial asset that is— (A) held by or for a foreign securities intermediary doing business in the United States; (B) a blocked asset (whether or not subsequently unblocked), or an asset that would be blocked if the asset were located in the United States, that is property described in subsection (b); and (C) equal in value to a financial asset of Iran, including an asset of the central bank or monetary authority of the Government of Iran or any agency or instrumentality of that Government, that such foreign securities intermediary or a related intermediary holds abroad, shall be subject to execution or attachment in aid of execution, or to an order directing that the asset be brought to the State in which the court is located and subsequently to execution or attachment in aid of execution, in order to satisfy any judgment to the extent of any compensatory damages awarded against Iran for damages for personal injury or death caused by an act of torture, extrajudicial killing, aircraft sabotage, or hostage-taking, or the provision of material support or resources for such an act, without regard to concerns relating to international comity. (2) **Court determination required** — In order to ensure that Iran is held accountable for paying the judgments described in paragraph (1) and in furtherance of the broader goals of this Act to sanction Iran, prior to an award turning over any asset pursuant to execution or attachment in aid of execution with respect to any judgments against Iran described in paragraph (1), the court shall determine whether Iran holds equitable title to, or the beneficial interest in, the assets described in subsection (b) and that no other person possesses a constitutionally protected interest in the assets described in subsection (b) under the Fifth Amendment to the Constitution of the United States. To the extent the court determines that a person other than Iran holds— (A) equitable title to, or a beneficial interest in, the assets described in subsection (b) (excluding a custodial interest of a foreign securities intermediary or a related intermediary that holds the assets abroad for the benefit of Iran); or (B) a constitutionally protected interest in the assets described in subsection (b), such assets shall be available only for execution or attachment in aid of execution to the extent of Iran’s equitable title or beneficial interest therein and to the extent such execution or attachment does not infringe upon such constitutionally protected interest. **(b) Financial assets described** The financial assets described in this section are the financial assets that are— (1) identified in and the subject of proceedings in the United States District Court for the Southern District of New York in Peterson et al. v. Islamic Republic of Iran et al., Case No. 10 Civ. 4518 (BSJ) (GWG), that were restrained by restraining notices and levies secured by the plaintiffs in those proceedings, as modified by court order dated June 27, 2008, and extended by court orders dated June 23, 2009, May 10, 2010, and June 11, 2010, so long as such assets remain restrained by court order; and (2) identified in and the subject of proceedings in the United States District Court for the Southern District of New York in Peterson et al. v. Islamic Republic of Iran et al., Case No. 13 Civ. 9195 (LAP). **(c) Rules of construction** Nothing in this section shall be construed— (1) to affect the availability, or lack thereof, of a right to satisfy a judgment in any other action against a terrorist party in any proceedings other than proceedings referred to in subsection (b); or (2) to apply to assets other than the assets described in subsection (b), or to preempt State law, including the Uniform Commercial Code, except as expressly provided in subsection (a)(1). **(d) Definitions** In this section: (1) **Blocked asset** — The term “blocked asset”— (A) means any asset seized or frozen by the United States under [section 4305(b) of title 50](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title50-section4305/b&num=0&edition=prelim) or under section 202 or 203 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) and 1702); and (B) does not include property that— (i) is subject to a license issued by the United States Government for final payment, transfer, or disposition by or to a person subject to the jurisdiction of the United States in connection with a transaction for which the issuance of the license has been specifically required by a provision of law other than 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.) or the United Nations Participation Act of 1945 ([22 U.S.C. 287](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title22-section287&num=0&edition=prelim) et seq.); or (ii) is property subject to the Vienna Convention on Diplomatic Relations or the Vienna Convention on Consular Relations, or that enjoys equivalent privileges and immunities under the laws of the United States, and is being used exclusively for diplomatic or consular purposes. (2) **Financial asset; securities intermediary** — The terms “financial asset” and “securities intermediary” have the meanings given those terms in the Uniform Commercial Code, but the former includes cash. (3) **Iran** — The term “Iran” means the Government of Iran, including the central bank or monetary authority of that Government and any agency or instrumentality of that Government. (4) **Person** (A) *In general* — The term “person” means an individual or entity. (B) *Entity* — The term “entity” means a partnership, association, trust, joint venture, corporation, group, subgroup, or other organization. (5) **Terrorist party** — The term “terrorist party” has the meaning given that term in section 201(d) of the Terrorism Risk Insurance Act of 2002 ([28 U.S.C. 1610](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title28-section1610&num=0&edition=prelim) note). (6) **United States** — The term “United States” includes all territory and waters, continental, or insular, subject to the jurisdiction of the United States.

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

28 U.S.C. § 1610 — Exceptions to the immunity from attachment or execution

**(a)** The property in the United States of a foreign state, as defined in section 1603(a) of this chapter, used for a commercial activity in the United States, shall not be immune from attachment in aid of execution, or from execution, upon a judgment entered by a court of the United States or of a State after the effective date of this Act, if— (1) the foreign state has waived its immunity from attachment in aid of execution or from execution either explicitly or by implication, notwithstanding any withdrawal of the waiver the foreign state may purport to effect except in accordance with the terms of the waiver, or (2) the property is or was used for the commercial activity upon which the claim is based, or (3) the execution relates to a judgment establishing rights in property which has been taken in violation of international law or which has been exchanged for property taken in violation of international law, or (4) the execution relates to a judgment establishing rights in property— (A) which is acquired by succession or gift, or (B) which is immovable and situated in the United States: Provided, That such property is not used for purposes of maintaining a diplomatic or consular mission or the residence of the Chief of such mission, or (5) the property consists of any contractual obligation or any proceeds from such a contractual obligation to indemnify or hold harmless the foreign state or its employees under a policy of automobile or other liability or casualty insurance covering the claim which merged into the judgment, or (6) the judgment is based on an order confirming an arbitral award rendered against the foreign state, provided that attachment in aid of execution, or execution, would not be inconsistent with any provision in the arbitral agree

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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

22 U.S.C. § 287 — Fifth replenishment; authorization of appropriations

**(a)** The United States Governor is authorized to agree on behalf of the United States to pay to the Association $2,400,000,000 as the United States contribution to the fifth replenishment of the Resources of the Association: Provided, however, That any commitment to make such contributions shall be made subject to obtaining the necessary appropriations. **(b)** In order to pay for the United States contribution provided for in this section, there are authorized to be appropriated, without fiscal year limitation, $2,400,000,000 for payment by the Secretary of the Treasury.

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

22 U.S.C. § 8701 — Termination

**(a) In general** The provisions of this subchapter and any sanctions imposed pursuant to this subchapter shall terminate on the date on which the President submits to the appropriate congressional committees— (1) the certification described in subsection (b); and (2) a certification that— (A) the Government of Syria is democratically elected and representative of the people of Syria; or (B) a legitimate transitional government of Syria is in place. **(b) Certification described** A certification described in this subsection is a certification by the President that the Government of Syria— (1) has unconditionally released all political prisoners; (2) has ceased its practices of violence, unlawful detention, torture, and abuse of citizens of Syria engaged in peaceful political activity; (3) has ceased its practice of procuring sensitive technology designed to restrict the free flow of unbiased information in Syria, or to disrupt, monitor, or otherwise restrict the right of citizens of Syria to freedom of expression; (4) has ceased providing support for foreign terrorist organizations and no longer allows such organizations, including Hamas, Hezbollah, and Palestinian Islamic Jihad, to maintain facilities in territory under the control of the Government of Syria; and (5) has ceased the development and deployment of medium- and long-range surface-to-surface ballistic missiles; (6) is not pursuing or engaged in the research, development, acquisition, production, transfer, or deployment of biological, chemical, or nuclear weapons, and has provided credible assurances that it will not engage in such activities in the future; and (7) has agreed to allow the United Nations and other international observers to verify that the Government of Syria is not engaging

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

22 U.S.C. § 287 — Representation in Organization

Page 201 TITLE 22—FOREIGN RELATIONS AND INTERCOURSE § 287 and the Secretary of the Treasury, the functions and authorities vested in the President by section 7133 of the Act [133 Stat. 2253]. (f) I hereby delegate to the Secretary of State, in con- sultation with the Secretary of Defense, the functions and authorities vested in the President by section 1227 of the Act [133 Stat. 1646]. SEC. 2. The delegations in this memorandum shall apply to any provisions of any future public laws that are the same or substantially the same as those provi- sions referenced in this memorandum. SEC. 3. The Secretary of State is authorized and di- rected to publish this memorandum in the Federal Reg- ister. DONALD J. TRUMP. § 286zz. Capital stock increases (a) Increases authorized The United States Governor of the Bank is au- thorized— (1)(A) to vote in favor of a resolution to in- crease the capital stock of the Bank on a se- lective basis by 245,773 shares; and (B) to subscribe on behalf of the United States to 42,298 additional shares of the cap- ital stock of the Bank, as part of the selective increase in the capital stock of the Bank, ex- cept that any subscription to such additional shares shall be effective only to the extent or in such amounts as are provided in advance in appropriations Acts; and (2)(A) to vote in favor of a resolution to in- crease the capital stock of the Bank on a gen- eral basis by 230,500 shares; and (B) to subscribe on behalf of the United States to 38,662 additional shares of the capital stock of the Bank, as part of the general in- crease in the capital stock of the Bank, except that any subscription to such additional shares shall be effective only to the extent or in such amounts as are provided in advance in appropriations A

Source: Supplied 2024 U.S. Code historical extraction · 22 U.S.C. § 287

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

22 U.S.C. § 8773 — Report on membership of Iran in inter-

Page 2136 TITLE 22—FOREIGN RELATIONS AND INTERCOURSE § 8773 1 See References in Text note below. (B) does not include property that— (i) is subject to a license issued by the United States Government for final pay- ment, transfer, or disposition by or to a person subject to the jurisdiction of the United States in connection with a trans- action for which the issuance of the li- cense has been specifically required by a provision of law other than the Inter- national Emergency Economic Powers Act (50 U.S.C. 1701 et seq.) or the United Na- tions Participation Act of 1945 (22 U.S.C. 287 et seq.); or (ii) is property subject to the Vienna Convention on Diplomatic Relations or the Vienna Convention on Consular Relations, or that enjoys equivalent privileges and immunities under the laws of the United States, and is being used exclusively for diplomatic or consular purposes. (2) Financial asset; securities intermediary The terms ‘‘financial asset’’ and ‘‘securities intermediary’’ have the meanings given those terms in the Uniform Commercial Code, but the former includes cash. (3) Iran The term ‘‘Iran’’ means the Government of Iran, including the central bank or monetary authority of that Government and any agency or instrumentality of that Government. (4) Person (A) In general The term ‘‘person’’ means an individual or entity. (B) Entity The term ‘‘entity’’ means a partnership, association, trust, joint venture, corpora- tion, group, subgroup, or other organization. (5) Terrorist party The term ‘‘terrorist party’’ has the meaning given that term in section 201(d) of the Ter- rorism Risk Insurance Act of 2002 (28 U.S.C. 1610 note). (6) United States The term ‘‘United States’’ includes all terri- tory and waters, continental, or insular, su

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

28 U.S.C. § 1610 — Exceptions to the immunity from attach-

Page 435 TITLE 28—JUDICIARY AND JUDICIAL PROCEDURE § 1610 1 See References in Text note below. except as provided in sections 1610 and 1611 of this chapter. (Added Pub. L. 94–583, § 4(a), Oct. 21, 1976, 90 Stat. 2895.) Editorial Notes REFERENCES IN TEXT The time of enactment of this Act, referred to in text, probably means the time of enactment of Pub. L. 94–583, which was approved Oct. 21, 1976. Statutory Notes and Related Subsidiaries EFFECTIVE DATE Section effective 90 days after Oct. 21, 1976, see sec- tion 8 of Pub. L. 94–583, set out as a note under section 1602 of this title. § 1610. Exceptions to the immunity from attach- ment or execution (a) The property in the United States of a for- eign state, as defined in section 1603(a) of this chapter, used for a commercial activity in the United States, shall not be immune from attach- ment in aid of execution, or from execution, upon a judgment entered by a court of the United States or of a State after the effective date of this Act, if— (1) the foreign state has waived its immu- nity from attachment in aid of execution or from execution either explicitly or by implica- tion, notwithstanding any withdrawal of the waiver the foreign state may purport to effect except in accordance with the terms of the waiver, or (2) the property is or was used for the com- mercial activity upon which the claim is based, or (3) the execution relates to a judgment es- tablishing rights in property which has been taken in violation of international law or which has been exchanged for property taken in violation of international law, or (4) the execution relates to a judgment es- tablishing rights in property— (A) which is acquired by succession or gift, or (B) which is immovable and situated in the United

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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

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