22 U.S.C. § 8551 — General provisions

Page 2095 TITLE 22—FOREIGN RELATIONS AND INTERCOURSE § 8551 1 See References in Text note below. 95–223, Dec. 28, 1977, 91 Stat. 1626, which is classified generally to chapter 35 (§ 1701 et seq.) of Title 50, War and National Defense. For complete classification of this Act to the Code, see Short Title note set out under section 1701 of Title 50 and Tables. SUBCHAPTER IV—GENERAL PROVISIONS § 8551. General provisions (a) Sunset The provisions of this Act (other than sections 105 and 305 [22 U.S.C. 8514, 8544] and the amend- ments made by sections 102, 107, 109, and 205) shall terminate, and section 80a–13(c)(1)(B) of title 15, as added by section 203(a), shall cease to be effective, on the date that is 30 days after the date on which the President certifies to Con- gress that— (1) the Government of Iran has ceased pro- viding support for acts of international ter- rorism and no longer satisfies the require- ments for designation as a state sponsor of terrorism (as defined in section 301 [22 U.S.C. 8541]) under— (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; and (2) Iran has ceased the pursuit, acquisition, and development of, and verifiably dismantled its, nuclear, biological, and chemical weapons and ballistic missiles and ballistic missile launch technology. (b) Presidential waivers (1) In general The President may waive the application of sanctions under section 103(b) [22 U.S.C. 8512(b)], the requirement to impose or main- tain sanctions with respect to a person under section 105(a) [22 U.S.C. 8514(a)], 105A(a) [22 U.S.C. 8514a(a)], 105B(a) [22 U.S.C. 8514b(a)], or 105C(a) [22 U.S.C. 8514c(a)], the requirement to include a person on the list required by sec- tion 105(b) [22 U.S.C. 8514(b)], 105A(b) [22 U.S.C. 8514a(b)], 105B(b) [22 U.S.C. 8514b(b)], or 105C(b) [22 U.S.C. 8514c(b)], the application of the pro- hibition under section 106(a) [22 U.S.C. 8515(a)], or the imposition of the licensing requirement under section 303(c) [22 U.S.C. 8543(c)] with re- spect to a country designated as a Destination of Diversion Concern under section 303(a) [22 U.S.C. 8543(a)], if the President determines that such a waiver is in the national interest of the United States. (2) Reports (A) In general If the President waives the application of a provision pursuant to paragraph (1), the President shall submit to the appropriate congressional committees a report describ- ing the reasons for the waiver. (B) Special rule for report on waiving impo- sition of licensing requirement under section 303(c) In any case in which the President waives, pursuant to paragraph (1), the imposition of the licensing requirement under section 303(c) [22 U.S.C. 8543(c)] with respect to a country designated as a Destination of Di- version Concern under section 303(a) [22 U.S.C. 8543(a)], the President shall include in the report required by subparagraph (A) of this paragraph an assessment of whether the government of the country is taking the steps described in subparagraph (A) of sec- tion 303(d)(1) [22 U.S.C. 8543(d)(1)(A)]. (c) Authorizations of appropriations (1) Authorization of appropriations for the De- partment of State and the Department of the Treasury There are authorized to be appropriated to the Secretary of State and to the Secretary of the Treasury such sums as may be necessary to implement the provisions of, and amend- ments made by, titles I and III of this Act [22 U.S.C. 8511 et seq., 8541 et seq.]. (2) Authorization of appropriations for the De- partment of Commerce There are authorized to be appropriated to the Secretary of Commerce such sums as may be necessary to carry out title III [22 U.S.C. 8541 et seq.]. (Pub. L. 111–195, title IV, § 401, July 1, 2010, 124 Stat. 1350; Pub. L. 112–158, title IV, § 403(d), title VI, § 605(b), Aug. 10, 2012, 126 Stat. 1255, 1265; Pub. L. 112–239, div. A, title XII, § 1249(b), Jan. 2, 2013, 126 Stat. 2016.) Editorial Notes REFERENCES IN TEXT This Act, referred to in subsecs. (a) and (c)(1), is Pub. L. 111–195, July 1, 2010, 124 Stat. 1312, known as the Comprehensive Iran Sanctions, Accountability, and Di- vestment Act of 2010, 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. Title I of the Act enacted subchapter I of this chapter, amended sections 287c, 2778, and 2780 of this title, section 310 of Title 31, and section 4315 of Title 50, enacted provisions set out as a note under section 1701 of Title 50, and amended provisions set out as a note under section 1701 of Title 50. Title III of the Act enacted subchapter III of this chapter. Section 102 of the Act enacted and amended provisions set out as notes under section 1701 of Title 50. Section 107 of the Act amended sections 287c, 2778, and 2780 of this title and section 4315 of Title 50. Sec- tion 109 of the Act enacted section 8517 of this title and amended section 310 of Title 31. Section 205 of the Act amended section 80a–13 of Title 15, enacted provisions set out as a note under section 80a–13 of Title 15, and amended provisions set out as a note under section 1701 of Title 50. For complete classification of this Act to the Code, see Short Title note set out under section 8501 of this title and Tables. Section 4605(j)(1)(A) of title 50, referred to in subsec. (a)(1)(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. AMENDMENTS 2013—Subsec. (b)(1). Pub. L. 112–239 substituted ‘‘105B(a), or 105C(a)’’ for ‘‘or 105B(a)’’ and ‘‘105B(b), or 105C(b)’’ for ‘‘or 105B(b)’’. Page 2096 TITLE 22—FOREIGN RELATIONS AND INTERCOURSE § 8561 2012—Subsec. (a)(2). Pub. L. 112–158, § 605(b), inserted ‘‘, and verifiably dismantled its,’’ after ‘‘development of’’. Subsec. (b)(1). Pub. L. 112–158, § 403(d), inserted ‘‘, 105A(a), or 105B(a)’’ after ‘‘105(a)’’ and ‘‘, 105A(b), or 105B(b)’’ after ‘‘105(b)’’. Executive Documents DELEGATION OF FUNCTIONS Ex. Ord. No. 13553, §§ 5–7, Sept. 28, 2010, 77 Stat. 60568, 60569, authorized the Secretary of the Treasury, in con- sultation with the Secretary of State, to exercise the functions and waiver authorities conferred upon the President by subsec. (b) of this section with respect to the requirement to impose or maintain sanctions pur- suant to the International Emergency Economic Pow- ers Act (50 U.S.C. 1701 et seq.) under section 8514(a) of this title; authorized the Secretary of State, in con- sultation with the Secretary of Homeland Security on certain admissibility matters, to exercise the functions and waiver authorities conferred upon the President by subsec. (b) of this section with respect to the require- ment to impose or maintain visa sanctions under sec- tion 8514(a) of this title; and authorized the Secretary of State, in consultation with the Secretary of the Treasury, to exercise the functions and waiver authori- ties conferred upon the President by subsec. (b) of this section with respect to the requirement to include a person on the list required by section 8514(b) of this title. Other delegations of functions vested in the President by this section were contained in the following: Memorandum of President of the United States, June 3, 2013, 78 F.R. 35545, set out as a note under section 8801 of this title. Memorandum of President of the United States, Sept. 23, 2010, 75 F.R. 67025, set out as a note under section 8501 of this title. SUBCHAPTER V—MASIH ALINEJAD HARASSMENT AND UNLAWFUL TARGETING Editorial Notes CODIFICATION Subchapter was enacted as part of the Masih Alinejad Harassment and Unlawful Targeting Act of 2022, also known as the Masih Alinejad HUNT Act of 2022, and not as part of the Comprehensive Iran Sanctions, Account- ability, and Divestment Act of 2010 which comprises this chapter. § 8561. Findings Congress finds that the Government of the Is- lamic Republic of Iran surveils, harasses, terror- izes, tortures, abducts, and murders individuals who peacefully defend human rights and free- doms in Iran, and innocent entities and individ- uals considered by the Government of Iran to be enemies of that regime, including United States citizens on United States soil, and takes foreign nationals hostage, including in the following in- stances: (1) In 2021, Iranian intelligence agents were indicted for plotting to kidnap United States citizen, women’s rights activist, and journalist Masih Alinejad, from her home in New York City, in retaliation for exercising her rights under the First Amendment to the Constitu- tion of the United States. Iranian agents al- legedly spent at least approximately half a million dollars to capture the outspoken critic of the authoritarianism of the Government of Iran, and studied evacuating her by military- style speedboats to Venezuela before rendition to Iran. (2) Prior to the New York kidnapping plot, Ms. Alinejad’s family in Iran was instructed by authorities to lure Ms. Alinejad to Turkey. In an attempt to intimidate her into silence, the Government of Iran arrested 3 of Ms. Alinejad’s family members in 2019, and sen- tenced her brother to 8 years in prison for re- fusing to denounce her. (3) According to Federal prosecutors, the same Iranian intelligence network that alleg- edly plotted to kidnap Ms. Alinejad is also tar- geting critics of the Government of Iran who live in Canada, the United Kingdom, and the United Arab Emirates. (4) In 2021, an Iranian diplomat was con- victed in Belgium of attempting to carry out a 2018 bombing of a dissident rally in France. (5) In 2021, a Danish high court found a Nor- wegian citizen of Iranian descent guilty of ille- gal espionage and complicity in a failed plot to kill an Iranian Arab dissident figure in Den- mark. (6) In 2021, the British Broadcasting Corpora- tion (BBC) appealed to the United Nations to protect BBC Persian employees in London who suffer regular harassment and threats of kid- napping by Iranian government agents. (7) In 2021, 15 militants allegedly working on behalf of the Government of Iran were ar- rested in Ethiopia for plotting to attack citi- zens of Israel, the United States, and the United Arab Emirates, according to United States officials. (8) In 2020, Iranian agents allegedly kid- napped United States resident and Iranian- German journalist Jamshid Sharmahd, while he was traveling to India through Dubai. Ira- nian authorities announced they had seized Mr. Sharmahd in ‘‘a complex operation’’, and paraded him blindfolded on state television. Mr. Sharmahd is arbitrarily detained in Iran, allegedly facing the death penalty. In 2009, Mr. Sharmahd was the target of an alleged Iran-di- rected assassination plot in Glendora, Cali- fornia. (9) In 2020, the Government of Turkey re- leased counterterrorism files exposing how Iranian authorities allegedly collaborated with drug gangs to kidnap Habib Chabi, an Ira- nian-Swedish activist for Iran’s Arab minor- ity. In 2020, the Government of Iran allegedly lured Mr. Chabi to Istanbul through a female agent posing as a potential lover. Mr. Chabi was then allegedly kidnapped from Istanbul, and smuggled into Iran where he faces execu- tion, following a sham trial. (10) In 2020, a United States-Iranian citizen and an Iranian resident of California pleaded guilty to charges of acting as illegal agents of the Government of Iran by surveilling Jewish student facilities, including the Hillel Center and Rohr Chabad Center at the University of Chicago, in addition to surveilling and col- lecting identifying information about United States citizens and nationals who are critical of the Iranian regime. (11) In 2019, 2 Iranian intelligence officers at the Iranian consulate in Turkey allegedly or- chestrated the assassination of Iranian dis-