22 U.S.C. § 8544 — Enforcement authority

Page 2094 TITLE 22—FOREIGN RELATIONS AND INTERCOURSE § 8544 1 See References in Text note below. 1929 (2010), and any other resolution that is agreed to by the Security Council and im- poses sanctions with respect to Iran; (B) determines that it is appropriate to carry out government-to-government activi- ties to strengthen the export control system of the country; and (C) submits to the appropriate congres- sional committees a report describing the steps specified in subparagraph (A) being taken by the government of the country. (2) Additional 12-month periods 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 additional 12-month periods after the 12-month period referred to in para- graph (1) if the President, for each such 12- month period— (A) makes the determinations described in subparagraphs (A) and (B) of paragraph (1) with respect to the country; and (B) submits to the appropriate congres- sional committees an updated version of the report required by subparagraph (C) of para- graph (1). (3) Strengthening export control systems If the President determines under paragraph (1)(B) that is it appropriate to carry out gov- ernment-to-government activities to strength- en the export control system of a country des- ignated as a Destination of Diversion Concern under subsection (a), the United States shall initiate government-to-government activities that may include— (A) cooperation by agencies and depart- ments of the United States with counterpart agencies and departments in the country— (i) to develop or strengthen the export control system of the country; (ii) to strengthen cooperation among agencies of the country and with the United States and facilitate enforcement of the export control system of the coun- try; and (iii) to promote information and data ex- changes among agencies of the country and with the United States; (B) training officials of the country to strengthen the export control systems of the country— (i) to facilitate legitimate trade in goods, services, and technologies; and (ii) to prevent terrorists and state spon- sors of terrorism, including Iran, from ob- taining nuclear, biological, and chemical weapons, defense technologies, compo- nents for improvised explosive devices, and other defense articles; and (C) encouraging the government of the country to participate in the Proliferation Security Initiative, such as by entering into a ship boarding agreement pursuant to the Initiative. (e) Termination of designation The designation of a country as a Destination of Diversion Concern under subsection (a) shall terminate on the date on which the President determines, and certifies to the appropriate con- gressional committees, that the country has adequately strengthened the export control sys- tem of the country to prevent the diversion of goods, services, and technologies described in section 8542(b) of this title to Iranian end-users or Iranian intermediaries. (f) Form of reports A report required by subsection (b) or (d) may be submitted in classified form. (Pub. L. 111–195, title III, § 303, July 1, 2010, 124 Stat. 1347.) TERMINATION OF SECTION For termination of section, see section 8551(a) of this title. Executive Documents DELEGATION OF FUNCTIONS For delegation of functions of President under this section, see 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. § 8544. Enforcement authority The Secretary of Commerce may designate any employee of the Office of Export Enforce- ment of the Department of Commerce to con- duct activities specified in clauses (i), (ii), and (iii) of section 12(a)(3)(B) of the Export Adminis- tration Act of 1979 (50 U.S.C. App. 2411(a)(3)(B)) 1 when the employee is carrying out activities to enforce— (1) the provisions of the Export Administra- tion Act of 1979 (50 U.S.C. App. 2401 et seq.) 1 (as in effect pursuant to the International Emergency Economic Powers Act (50 U.S.C. 1701 et seq.)); (2) the provisions of this subchapter, or any other provision of law relating to export con- trols, with respect to which the Secretary of Commerce has enforcement responsibility; or (3) any license, order, or regulation issued under— (A) the Export Administration Act of 1979 (50 U.S.C. App. 2401 et seq.) 1 (as in effect pur- suant to the International Emergency Eco- nomic Powers Act (50 U.S.C. 1701 et seq.)); or (B) a provision of law referred to in para- graph (2). (Pub. L. 111–195, title III, § 305, July 1, 2010, 124 Stat. 1349.) Editorial Notes REFERENCES IN TEXT The Export Administration Act of 1979, referred to in text, is Pub. L. 96–72, Sept. 29, 1979, 93 Stat. 503, which was classified principally to section 2401 et seq. of the former Appendix to Title 50, War and National Defense, prior to editorial reclassification and renumbering as chapter 56 (§ 4601 et seq.) of Title 50, and was repealed by Pub. L. 115–232, div. A, title XVII, § 1766(a), Aug. 13, 2018, 132 Stat. 2232, except for sections 11A, 11B, and 11C thereof (50 U.S.C. 4611, 4612, 4613). Section 12 of the Act was classified to section 4614 of Title 50 prior to repeal. The International Emergency Economic Powers Act, referred to in pars. (1) and (3)(A), is title II of Pub. L. 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)’’.