22 U.S.C. § 8572 — Imposition of sanctions with respect to

Page 2100 TITLE 22—FOREIGN RELATIONS AND INTERCOURSE § 8566 (Pub. L. 117–328, div. AA, title II, § 206, Dec. 29, 2022, 136 Stat. 5535.) Editorial Notes CODIFICATION Section 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. § 8566. Exception relating to importation of goods (a) In general Notwithstanding any other provision of this subchapter, the authorities and requirements to impose sanctions under this subchapter shall not include the authority or a requirement to impose sanctions on the importation of goods. (b) Good defined In this section, the term ‘‘good’’ means any ar- ticle, natural or manmade substance, material, supply or manufactured product, including in- spection and test equipment, and excluding technical data. (Pub. L. 117–328, div. AA, title II, § 207, Dec. 29, 2022, 136 Stat. 5536.) Editorial Notes CODIFICATION Section 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. SUBCHAPTER VI—STOP HARBORING IRANIAN PETROLEUM Editorial Notes CODIFICATION Subchapter was enacted as the Stop Harboring Ira- nian Petroleum Act, also known as the SHIP Act, and not as part of the Comprehensive Iran Sanctions, Ac- countability, and Divestment Act of 2010 which com- prises this chapter. § 8571. Statement of policy It is the policy of the United States— (1) to deny Iran the ability to engage in de- stabilizing activities, support international terrorism, fund the development and acquisi- tion of weapons of mass destruction and the means to deliver such weapons by limiting ex- port of petroleum and petroleum products by Iran; (2) to deny Iran funds to oppress and commit human rights violations against the Iranian people assembling to peacefully redress the Iranian regime; (3) to fully enforce sanctions against those entities which provide support to the Iranian energy sector; and (4) to counter Iran’s actions to finance and facilitate the participation of foreign terrorist organizations in ongoing conflicts and illicit activities due to the threat such actions pose to the vital national interests of the United States. (Pub. L. 118–50, div. J, § 2, Apr. 24, 2024, 138 Stat. 963.) Editorial Notes CODIFICATION Section was enacted as part of the Stop Harboring Iranian Petroleum Act, also known as the SHIP Act, and not as part of the Comprehensive Iran Sanctions, Accountability, and Divestment Act of 2010 which com- prises this chapter. Statutory Notes and Related Subsidiaries SHORT TITLE For short title of this subchapter as the ‘‘Stop Har- boring Iranian Petroleum Act’’, also known as the ‘‘SHIP Act’’, see section 1 of div. J of Pub. L. 118–50, set out as a Short Title of 2024 Amendment note under sec- tion 8501 of this title. § 8572. Imposition of sanctions with respect to Iranian petroleum (a) In general On and after the date that is 180 days after April 24, 2024, and except as provided in sub- section (e)(2), the President shall impose the sanctions described in subsection (c) with re- spect to each foreign person that the President determines knowingly engaged, on or after April 24, 2024, in an activity described in subsection (b). (b) Activities described A foreign person engages in an activity de- scribed in this subsection if the foreign person— (1) owns or operates a foreign port at which, on or after April 24, 2024, such person know- ingly permits to dock a vessel— (A) that is included on the list of specially designated nationals and blocked persons maintained by the Office of Foreign Assets Control of the Department of the Treasury for transporting Iranian crude oil or petro- leum products; or (B) of which the operator or owner of such vessel otherwise knowingly engages in a sig- nificant transaction involving such vessel to transport, offload, or deal in significant transactions in condensate, refined, or unrefined petroleum products, or other pe- trochemical products originating from the Islamic Republic of Iran; (2) owns or operates a vessel through which such owner knowingly conducts a ship to ship transfer involving a significant transaction of any petroleum product originating from the Islamic Republic of Iran; (3) owns or operates a refinery through which such owner knowingly engages in a sig- nificant transaction to process, refine, or oth- erwise deal in any petroleum product origi- nating from the Islamic Republic of Iran; (4) is a covered family member of a foreign person described in paragraph (1), (2), or (3); or (5) is owned or controlled by a foreign person described in paragraph (1), (2), or (3), and knowingly engages in an activity described in paragraph (1), (2), or (3). Page 2101 TITLE 22—FOREIGN RELATIONS AND INTERCOURSE § 8572 (c) Sanctions described The sanctions described in this subsection with respect to a foreign person described in subsection (a) are the following: (1) Sanctions on foreign vessels Subject to such regulations as the President may prescribe, the President may prohibit a vessel described in subsection (b)(1)(A) or (b)(1)(B) from landing at any port in the United States— (A) with respect to a vessel described in subsection (b)(1)(A), for a period of not more than 2 years beginning on the date on which the President imposes sanctions with re- spect to a related foreign port described in subsection (b)(1)(A); and (B) with respect to a vessel described in subsection (b)(1)(B), for a period of not more than 2 years. (2) Blocking of property The President shall exercise all of the pow- ers granted to the President under the Inter- national Emergency Economic Powers Act (50 U.S.C. 1701 et seq.) to the extent necessary to block and prohibit all transactions in property and interests in property of the 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. (3) Ineligibility for visas, admission, or parole (A) Visas, admission, or parole An alien described in subsection (a) is— (i) inadmissible to the United States; (ii) ineligible to receive a visa or other documentation to enter the United States; and (iii) otherwise ineligible to be admitted or paroled into the United States or to re- ceive any other benefit under the Immi- gration and Nationality Act (8 U.S.C. 1101 et seq.). (B) Current visas revoked (i) In general An alien described in subsection (a) is subject to revocation of any visa or other entry documentation regardless of when the visa or other entry documentation is or was issued. (ii) Immediate effect A revocation under clause (i) shall take effect immediately and automatically can- cel any other valid visa or entry docu- mentation that is in the alien’s possession. (C) Exceptions Sanctions under this paragraph shall not apply with respect to an alien if admitting or paroling the alien into the United States is necessary— (i) to permit the United States to com- ply 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; or (ii) to carry out or assist law enforce- ment activity in the United States. (4) Penalties The penalties provided for in subsections (b) and (c) of section 206 of the International Emergency Economic Powers Act (50 U.S.C. 1705) shall apply to a person that violates, at- tempts to violate, conspires to violate, or causes a violation of this section or any regu- lations promulgated to carry out this section to the same extent that such penalties apply to a person that commits an unlawful act de- scribed in section 206(a) of that Act. (d) Rules of construction (1) For purposes of determinations under sub- section (a) that a foreign person engaged in ac- tivities described in subsection (b), a foreign person shall not be determined to know that pe- troleum or petroleum products originated from Iran if such person relied on a certificate of ori- gin or other documentation confirming that the origin of the petroleum or petroleum products was a country other than Iran, unless such per- son knew or had reason to know that such docu- mentation was falsified. (2) Nothing in this subchapter shall be con- strued to affect the availability of any existing authorities to issue waivers, exceptions, exemp- tions, licenses, or other authorization. (e) Implementation; regulations (1) In general The President may exercise all authorities under sections 203 and 205 of the International Emergency Economic Powers Act (50 U.S.C. 1702 and 1704) for purposes of carrying out this section. (2) Deadline for regulations Not later than 180 days after April 24, 2024, the President shall prescribe such regulations as may be necessary for the implementation of this subchapter. (3) Notification to Congress Not later than 10 days before the prescrip- tion of regulations under paragraph (2), the President shall brief and provide written noti- fication to the appropriate congressional com- mittees regarding— (A) the proposed regulations; and (B) the specific provisions of this sub- chapter that the regulations are imple- menting. (f) Exception for humanitarian assistance (1) In general Sanctions under this section shall not apply to— (A) the conduct or facilitation of a trans- action for the provision of agricultural com- modities, food, medicine, medical devices, or humanitarian assistance, or for humani- tarian purposes; or (B) transactions that are necessary for or related to the activities described in sub- paragraph (A). (2) Definitions In this subsection: Page 2102 TITLE 22—FOREIGN RELATIONS AND INTERCOURSE § 8573 (A) Agricultural commodity The term ‘‘agricultural commodity’’ has the meaning given that term in section 5602 of title 7. (B) Medical device The term ‘‘medical device’’ has the mean- ing given the term ‘‘device’’ in section 321 of title 21. (C) Medicine The term ‘‘medicine’’ has the meaning given the term ‘‘drug’’ in section 321 of title 21. (g) Exception for safety of vessels and crew Sanctions under this section shall not apply with respect to a person providing provisions to a vessel otherwise subject to sanctions under this section if such provisions are intended for the safety and care of the crew aboard the ves- sel, the protection of human life aboard the ves- sel, or the maintenance of the vessel to avoid any environmental or other significant damage. (h) Waiver (1) In general The President may, on a case-by-case basis and for periods not to exceed 180 days each, waive the application of sanctions imposed with respect to a foreign person under this sec- tion if the President certifies to the appro- priate congressional committees, not later than 15 days after such waiver is to take ef- fect, that the waiver is vital to the national interests of the United States. (2) Special rule The President shall not be required to im- pose sanctions under this section with respect to a foreign person described in subsection (a) if the President certifies in writing to the ap- propriate congressional committees that the foreign person— (A) is no longer engaging in activities de- scribed in subsection (b); or (B) has taken and is continuing to take significant, verifiable steps toward perma- nently terminating such activities. (i) Termination The authorities provided by this section shall cease to have effect on and after the date that is 30 days after the date on which the President certifies to the appropriate congressional com- mittees that— (1) the Government of Iran no longer repeat- edly provides support for international ter- rorism as determined by the Secretary of State pursuant to— (A) section 4813(c)(1)(A) of title 50; (B) section 2371 of this title; (C) section 2780 of this title; or (D) any other provision of law; and (2) Iran has ceased the pursuit, acquisition, and development of, and verifiably dismantled, its nuclear, biological, and chemical weapons, ballistic missiles, and ballistic missile launch technology. (Pub. L. 118–50, div. J, § 3, Apr. 24, 2024, 138 Stat. 963.) Editorial Notes REFERENCES IN TEXT The International Emergency Economic Powers Act, referred to in subsec. (c)(2), is title II of Pub. L. 95–223, Dec. 28, 1977, 91 Stat. 1626, which is classified generally to chapter 35 (§ 1701 et seq.) of Title 50, War and Na- tional Defense. For complete classification of this Act to the Code, see Short Title note set out under section 1701 of Title 50 and Tables. The Immigration and Nationality Act, referred to in subsec. (c)(3)(A)(iii), is act June 27, 1952, ch. 477, 66 Stat. 163, which is classified principally to chapter 12 (§ 1101 et seq.) of Title 8, Aliens and Nationality. For complete classification of this Act to the Code, see Short Title note set out under section 1101 of Title 8 and Tables. CODIFICATION Section was enacted as part of the Stop Harboring Iranian Petroleum Act, also known as the SHIP Act, and not as part of the Comprehensive Iran Sanctions, Accountability, and Divestment Act of 2010 which com- prises this chapter. Executive Documents DELEGATION OF FUNCTIONS Memorandum of President of the United States, § 1, Sept. 13, 2024, 89 F.R. 77757, provided: (a) I hereby delegate to the Secretary of the Treas- ury, in consultation with the Secretary of State, the functions and authorities vested in the President by sections 3(a), 3(c)(1), and 3(e) of the Stop Harboring Ira- nian Petroleum Act (Division J of Public Law 118–50) (the ‘‘SHIP Act’’) [22 U.S.C. 8572(a), (c)(1), (e)]. (b) I hereby delegate to the Secretary of the Treasury the functions and authorities vested in the President by section 3(c)(2) of the SHIP Act. (c) I hereby delegate to the Secretary of State the functions and authorities vested in the President by sections 3(h) and 3(i) of the SHIP Act. J.R. BIDEN, JR. § 8573. Report on Iranian petroleum and petro- leum products exports (a) In general Not later than 120 days after April 24, 2024, and annually thereafter until the date described in subsection (d), the Administrator of the Energy Information Administration shall submit to the appropriate congressional committees a report describing Iran’s growing exports of petroleum and petroleum products, that includes the fol- lowing: (1) An analysis of Iran’s exports and sale of petroleum and petroleum products, includ- ing— (A) an estimate of Iran’s petroleum export and sale revenue per year since 2018; (B) an estimate of Iran’s petroleum export and sale revenue to China per year since 2018; (C) the amount of petroleum and crude oil barrels exported per year since 2018; (D) the amount of petroleum and crude oil barrels exported to China per year since 2018; (E) the amount of petroleum and crude oil barrels exported to countries other than China per year since 2018; (F) the average price per petroleum and crude oil barrel exported per year since 2018; and (G) the average price per petroleum and crude oil barrel exported to China per year since 2018.