22 U.S.C. § 8541 — Definitions

Page 2092 TITLE 22—FOREIGN RELATIONS AND INTERCOURSE § 8541 1 See References in Text note below. Sept. 2, 1974, 88 Stat. 829. Title I of the Act is classified generally to subchapter I (§ 1001 et seq.) of chapter 18 of Title 29, Labor. For complete classification of this Act to the Code, see Short Title note set out under section 1001 of Title 29 and Tables. This Act, referred to in subsec. (j), is Pub. L. 111–195, July 1, 2010, 124 Stat. 1312, which enacted this chapter, amended sections 287c, 2778, and 2780 of this title, sec- tion 80a–13 of Title 15, Commerce and Trade, section 310 of Title 31, Money and Finance, and section 4315 of Title 50, War and National Defense, enacted provisions set out as notes under section 80a–13 of Title 15 and sec- tion 1701 of Title 50, and amended provisions set out as notes under section 1701 of Title 50. For complete clas- sification of this Act to the Code, see Short Title note set out under section 8501 of this title and Tables. Act of March 9, 1945, referred to in subsec. (j), is act Mar. 9, 1945, ch. 20, 59 Stat. 33, popularly known as the McCarran-Ferguson Act, which is classified generally to chapter 20 (§ 1011 et seq.) of Title 15, Commerce and Trade. For complete classification of this Act to the Code, see Short Title note set out under section 1011 of Title 15 and Tables. AMENDMENTS 2012—Subsec. (j). Pub. L. 112–158 added subsec. (j). SUBCHAPTER III—PREVENTION OF DIVER- SION OF CERTAIN GOODS, SERVICES, AND TECHNOLOGIES TO IRAN § 8541. Definitions In this subchapter: (1) Allow The term ‘‘allow’’, with respect to the diver- sion through a country of goods, services, or technologies, means the government of the country knows or has reason to know that the territory of the country is being used for such diversion. (2) Appropriate congressional committees The term ‘‘appropriate congressional com- mittees’’ means— (A) the Committee on Banking, Housing, and Urban Affairs, the Committee on For- eign Relations, and the Select Committee on Intelligence of the Senate; and (B) the Committee on Foreign Affairs and the Permanent Select Committee on Intel- ligence of the House of Representatives. (3) Commerce Control List The term ‘‘Commerce Control List’’ means the list maintained pursuant to part 774 of the Export Administration Regulations (or any corresponding similar regulation or ruling). (4) Divert; diversion The terms ‘‘divert’’ and ‘‘diversion’’ refer to the transfer or release, directly or indirectly, of a good, service, or technology to an end- user or an intermediary that is not an author- ized recipient of the good, service, or tech- nology. (5) End-user The term ‘‘end-user’’, with respect to a good, service, or technology, means the person that receives and ultimately uses the good, service, or technology. (6) Export Administration Regulations The term ‘‘Export Administration Regula- tions’’ means subchapter C of chapter VII of title 15, Code of Federal Regulations (or any corresponding similar regulation or ruling). (7) Government The term ‘‘government’’ includes any agen- cy or instrumentality of a government. (8) Intermediary The term ‘‘intermediary’’ means a person that receives a good, service, or technology while the good, service, or technology is in transit to the end-user of the good, service, or technology. (9) International Traffic in Arms Regulations The term ‘‘International Traffic in Arms Regulations’’ means subchapter M of chapter I of title 22, Code of Federal Regulations (or any corresponding similar regulation or ruling). (10) Iran The term ‘‘Iran’’ includes the Government of Iran and any agency or instrumentality of Iran. (11) Iranian end-user The term ‘‘Iranian end-user’’ means an end- user that is the Government of Iran or a per- son in, or an agency or instrumentality of, Iran. (12) Iranian intermediary The term ‘‘Iranian intermediary’’ means an intermediary that is the Government of Iran or a person in, or an agency or instrumen- tality of, Iran. (13) State sponsor of terrorism The term ‘‘state sponsor of terrorism’’ means any country the government of which the Secretary of State has determined has re- peatedly provided support for acts of inter- national terrorism pursuant to— (A) section 4605(j)(1)(A) 1 of title 50 (or any successor thereto); (B) section 2780(d) of this title; or (C) section 2371(a) of this title. (14) United States Munitions List The term ‘‘United States Munitions List’’ means the list maintained pursuant to part 121 of the International Traffic in Arms Regula- tions (or any corresponding similar regulation or ruling). (Pub. L. 111–195, title III, § 301, July 1, 2010, 124 Stat. 1345.) TERMINATION OF SECTION For termination of section, see section 8551(a) of this title. Editorial Notes REFERENCES IN TEXT Section 4605(j)(1)(A) of title 50, referred to in par. (13)(A), was repealed by Pub. L. 115–232, div. A, title XVII, § 1766(a), Aug. 13, 2018, 132 Stat. 2232. Provisions similar to those in former section 4605(j)(1)(A) of title 50 can be found in section 4813(c)(1)(A)(i) of title 50, as enacted by Pub. L. 115–232. Page 2093 TITLE 22—FOREIGN RELATIONS AND INTERCOURSE § 8543 § 8542. Identification of countries of concern with respect to the diversion of certain goods, services, and technologies to or through Iran (a) In general Not later than 180 days after July 1, 2010, the Director of National Intelligence shall submit to the President, the Secretary of Defense, the Sec- retary of Commerce, the Secretary of State, the Secretary of the Treasury, and the appropriate congressional committees a report that identi- fies each country the government of which the Director believes, based on all information available to the Director, is allowing the diver- sion through the country of goods, services, or technologies described in subsection (b) to Ira- nian end-users or Iranian intermediaries. (b) Goods, services, and technologies described Goods, services, or technologies described in this subsection are goods, services, or tech- nologies— (1) that— (A) originated in the United States; (B) would make a material contribution to Iran’s— (i) development of nuclear, chemical, or biological weapons; (ii) ballistic missile or advanced conven- tional weapons capabilities; or (iii) support for international terrorism; and (C) are— (i) items on the Commerce Control List or services related to those items; or (ii) defense articles or defense services on the United States Munitions List; or (2) that are prohibited for export to Iran under a resolution of the United Nations Secu- rity Council. (c) Updates The Director of National Intelligence shall up- date the report required by subsection (a)— (1) as new information becomes available; and (2) not less frequently than annually. (d) Form The report required by subsection (a) and the updates required by subsection (c) may be sub- mitted in classified form. (Pub. L. 111–195, title III, § 302, July 1, 2010, 124 Stat. 1346.) TERMINATION OF SECTION For termination of section, see section 8551(a) of this title. § 8543. Destinations of Diversion Concern (a) Designation (1) In general The President shall designate a country as a Destination of Diversion Concern if the Presi- dent determines that the government of the country allows substantial diversion of goods, services, or technologies described in section 8542(b) of this title through the country to Ira- nian end-users or Iranian intermediaries. (2) Determination of substantial For purposes of paragraph (1), the President shall determine whether the government of a country allows substantial diversion of goods, services, or technologies described in section 8542(b) of this title through the country to Ira- nian end-users or Iranian intermediaries based on criteria that include— (A) the volume of such goods, services, and technologies that are diverted through the country to such end-users or intermediaries; (B) the inadequacy of the export controls of the country; (C) the unwillingness or demonstrated in- ability of the government of the country to control the diversion of such goods, services, and technologies to such end-users or inter- mediaries; and (D) the unwillingness or inability of the government of the country to cooperate with the United States in efforts to interdict the diversion of such goods, services, or tech- nologies to such end-users or intermediaries. (b) Report on designation Upon designating a country as a Destination of Diversion Concern under subsection (a), the President shall submit to the appropriate con- gressional committees a report— (1) notifying those committees of the des- ignation of the country; and (2) containing a list of the goods, services, and technologies described in section 8542(b) of this title that the President determines are di- verted through the country to Iranian end- users or Iranian intermediaries. (c) Licensing requirement Not later than 45 days after submitting a re- port required by subsection (b) with respect to a country designated as a Destination of Diver- sion Concern under subsection (a), the President shall require a license under the Export Admin- istration Regulations or the International Traf- fic in Arms Regulations (whichever is applica- ble) to export to that country a good, service, or technology on the list required under subsection (b)(2), with the presumption that any applica- tion for such a license will be denied. (d) Delay of imposition of licensing requirement (1) In general The President may delay the imposition of the licensing requirement under subsection (c) with respect to a country designated as a Des- tination of Diversion Concern under sub- section (a) for a 12-month period if the Presi- dent— (A) determines that the government of the country is taking steps— (i) to institute an export control system or strengthen the export control system of the country; (ii) to interdict the diversion of goods, services, or technologies described in sec- tion 8542(b) of this title through the coun- try to Iranian end-users or Iranian inter- mediaries; and (iii) to comply with and enforce United Nations Security Council Resolutions 1696 (2006), 1737 (2006), 1747 (2007), 1803 (2008), and