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22 U.S.C. § 8910 — Mandatory imposition of sanctions with

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22 U.S.C. § 8910 — Mandatory imposition of sanctions with

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Source file: Laws/federal/codes/united-states-code-2024/title-22/section-8910-mandatory-imposition-of-sanctions-with--6d55aa44d4.md
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Page 2164 TITLE 22—FOREIGN RELATIONS AND INTERCOURSE § 8910 PRIOR PROVISIONS A prior section 8909, Pub. L. 113–95, § 10, Apr. 3, 2014, 128 Stat. 1096, which related to annual report on mili- tary and security developments involving the Russian Federation, and was superseded by Pub. L. 113–291, div. A, title XII, § 1245, Dec. 19, 2014, 128 Stat. 3566, which is not classified to the Code, was repealed by Pub. L. 113–291, div. A, title XII, § 1245(f), formerly § 1245(e), Dec. 19, 2014, 128 Stat. 3568, renumbered § 1245(f), Pub. L. 114–328, div. A, title XII, § 1235(b)(1), Dec. 23, 2016, 130 Stat. 2491. § 8910. Mandatory imposition of sanctions with respect to transactions with persons respon- sible for human rights abuses (a) In general The President shall impose the sanctions de- scribed in subsection (b) with respect to a for- eign person if the President determines that the foreign person, based on credible information, on or after August 2, 2017— (1) is responsible for, complicit in, or respon- sible for ordering, controlling, or otherwise di- recting, the commission of serious human rights abuses in any territory forcibly occu- pied or otherwise controlled by the Govern- ment of the Russian Federation; (2) materially assists, sponsors, or provides financial, material, or technological support for, or goods or services to, a foreign person described in paragraph (1); or (3) is owned or controlled by, or acts or pur- ports to act for or on behalf of, directly or in- directly, a foreign person described in para- graph (1). (b) Sanctions described (1) Asset blocking The exercise of all powers granted to the President by the International Emergency Economic Powers Act (50 U.S.C. 1701 et seq.) to the extent necessary to block and prohibit all transactions in all property and interests in property of a person determined by the Presi- dent to be subject to subsection (a) 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 con- trol of a United States person. (2) Exclusion from the United States and rev- ocation of visa or other documentation In the case of an alien determined by the President to be subject to subsection (a), de- nial of a visa to, and exclusion from the United States of, the alien, and revocation in accordance with section 1201(i) of title 8, of any visa or other documentation of the alien. (c) Application of new sanctions The President may waive the initial applica- tion of sanctions under subsection (b) with re- spect to a person only if the President submits to the appropriate congressional committees— (1) a written determination that the waiv- er— (A) is in the vital national security inter- ests of the United States; or (B) will further the enforcement of this chapter; and (2) a certification that the Government of the Russian Federation has made efforts to re- duce serious human rights abuses in territory forcibly occupied or otherwise controlled by that Government. (d) Implementation; penalties (1) Implementation The President may exercise all authorities provided to the President under sections 203 and 205 of the International Emergency Eco- nomic Powers Act (50 U.S.C. 1702 and 1704) to carry out subsection (b)(1). (2) Penalties A person that violates, attempts to violate, conspires to violate, or causes a violation of subsection (b)(1) or any regulation, license, or order issued to carry out subsection (b)(1) shall be subject to the penalties set forth in subsections (b) and (c) of section 206 of the International Emergency Economic Powers Act (50 U.S.C. 1705) to the same extent as a person that commits an unlawful act described in subsection (a) of that section. (e) Termination Subject to section 9511 of this title, the Presi- dent may terminate the application of sanctions under subsection (b) with respect to a person if the President submits to the appropriate con- gressional committees— (1) a notice of and justification for the ter- mination; and (2) a notice— (A) that— (i) the person is not engaging in the ac- tivity that was the basis for the sanctions or has taken significant verifiable steps toward stopping the activity; and (ii) the President has received reliable assurances that the person will not know- ingly engage in activity subject to sanc- tions under subsection (a) in the future; or (B) that the President determines that in- sufficient basis exists for the determination by the President under subsection (a) with respect to the person. (Pub. L. 113–95, § 11, as added Pub. L. 115–44, title II, § 228(a), Aug. 2, 2017, 131 Stat. 913.) Editorial Notes REFERENCES IN TEXT The International Emergency Economic Powers Act, referred to in subsec. (b)(1), 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. CHAPTER 96A—UKRAINE FREEDOM SUPPORT Sec. 8921. Definitions. 8922. Statement of policy regarding Ukraine. 8923. Sanctions relating to the defense and energy sectors of the Russian Federation. 8924. Sanctions on Russian and other foreign finan- cial institutions. 8925. Increased military assistance for the Govern- ment of Ukraine. 8926. Expanded nonmilitary assistance for Ukraine.

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

22 U.S.C. § 8910 — Mandatory imposition of sanctions with respect to transactions with persons responsible for human rights abuses

**(a) In general** The President shall impose the sanctions described in subsection (b) with respect to a foreign person if the President determines that the foreign person, based on credible information, on or after August 2, 2017— (1) is responsible for, complicit in, or responsible for ordering, controlling, or otherwise directing, the commission of serious human rights abuses in any territory forcibly occupied or otherwise controlled by the Government of the Russian Federation; (2) materially assists, sponsors, or provides financial, material, or technological support for, or goods or services to, a foreign person described in paragraph (1); or (3) is owned or controlled by, or acts or purports to act for or on behalf of, directly or indirectly, a foreign person described in paragraph (1). **(b) Sanctions described** (1) **Asset blocking** — The exercise of all powers granted to the President by 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.) to the extent necessary to block and prohibit all transactions in all property and interests in property of a person determined by the President to be subject to subsection (a) 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. (2) **Exclusion from the United States and revocation of visa or other documentation** — In the case of an alien determined by the President to be subject to subsection (a), denial of a visa to, and exclusion from the United States of, the alien, and revocation in accordance with [section 1201(i) of title 8](https://uscode.house.gov/view.xhtml?req=g

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

50 U.S.C. § 1702 — Presidential authorities

**(a) In general** (1) At the times and to the extent specified in [section 1701 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title50-section1701&num=0&edition=prelim), the President may, under such regulations as he may prescribe, by means of instructions, licenses, or otherwise— (A) investigate, regulate, or prohibit— (i) any transactions in foreign exchange, (ii) transfers of credit or payments between, by, through, or to any banking institution, to the extent that such transfers or payments involve any interest of any foreign country or a national thereof, (iii) the importing or exporting of currency or securities, by any person, or with respect to any property, subject to the jurisdiction of the United States; (B) investigate, block during the pendency of an investigation, regulate, direct and compel, nullify, void, prevent or prohibit, any acquisition, holding, withholding, use, transfer, withdrawal, transportation, importation or exportation of, or dealing in, or exercising any right, power, or privilege with respect to, or transactions involving, any property in which any foreign country or a national thereof has any interest by any person, or with respect to any property, subject to the jurisdiction of the United States; and.11 So in original. The period probably should not appear. (C) when the United States is engaged in armed hostilities or has been attacked by a foreign country or foreign nationals, confiscate any property, subject to the jurisdiction of the United States, of any foreign person, foreign organization, or foreign country that he determines has planned, authorized, aided, or engaged in such hostilities or attacks against the United States; and all right, title, and interest in any prop

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50 U.S.C. § 1702 — Presidential authorities

Page 224 TITLE 50—WAR AND NATIONAL DEFENSE § 1702 1 So in original. The period probably should not appear. Notice of President of the United States, dated June 24, 2008, 73 F.R. 36255. Notice of President of the United States, dated June 22, 2007, 72 F.R. 34981. Notice of President of the United States, dated June 22, 2006, 71 F.R. 36183. Notice of President of the United States, dated June 23, 2005, 70 F.R. 36803. Notice of President of the United States, dated June 24, 2004, 69 F.R. 36005. Notice of President of the United States, dated June 20, 2003, 68 F.R. 37389. Notice of President of the United States, dated June 21, 2002, 67 F.R. 42703. Ex. Ord. No. 13304, May 28, 2003, 68 F.R. 32315. Ex. Ord. No. 14033, June 8, 2021, 86 F.R. 31079. YEMEN Ex. Ord. No. 13611, May 16, 2012, 77 F.R. 29533. Continuations of national emergency declared by Ex. Ord. No. 13611 were contained in the following: Notice of President of the United States, dated May 14, 2024, 89 F.R. 42765. Notice of President of the United States, dated May 11, 2023, 88 F.R. 31141. Notice of President of the United States, dated May 9, 2022, 87 F.R. 29023. Notice of President of the United States, dated May 11, 2021, 86 F.R. 26341. Notice of President of the United States, dated May 7, 2020, 85 F.R. 27643. Notice of President of the United States, dated May 13, 2019, 84 F.R. 22047. Notice of President of the United States, dated May 14, 2018, 83 F.R. 22585. Notice of President of the United States, dated May 8, 2017, 82 F.R. 21905. Notice of President of the United States, dated May 12, 2016, 81 F.R. 30155. Notice of President of the United States, dated May 13, 2015, 80 F.R. 27851. Notice of President of the United States, dated May 12, 2014, 79 F.R. 27477. Notice of

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50 U.S.C. § 1705 — Penalties

**(a) Unlawful acts** It shall be unlawful for a person to violate, attempt to violate, conspire to violate, or cause a violation of any license, order, regulation, or prohibition issued under this chapter. **(b) Civil penalty** A civil penalty may be imposed on any person who commits an unlawful act described in subsection (a) in an amount not to exceed the greater of— (1) $250,000; or (2) an amount that is twice the amount of the transaction that is the basis of the violation with respect to which the penalty is imposed. **(c) Criminal penalty** A person who willfully commits, willfully attempts to commit, or willfully conspires to commit, or aids or abets in the commission of, an unlawful act described in subsection (a) shall, upon conviction, be fined not more than $1,000,000, or if a natural person, may be imprisoned for not more than 20 years, or both. **(d) Statute of limitations** (1) **Time for commencing proceedings** (A) *In general* — An action, suit, or proceeding for the enforcement of any civil fine, penalty, or forfeiture, pecuniary or otherwise, under this section shall not be entertained unless commenced within 10 years after the latest date of the violation upon which the civil fine, penalty, or forfeiture is based. (B) *Commencement* — For purposes of this paragraph, the commencement of an action, suit, or proceeding includes the issuance of a pre-penalty notice or finding of violation. (2) **Time for indictment** — No person shall be prosecuted, tried, or punished for any offense under subsection (c) unless the indictment is found or the information is instituted within 10 years after the latest date of the violation upon which the indictment or information is based.

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50 U.S.C. § 1705 — Penalties

Page 227 TITLE 50—WAR AND NATIONAL DEFENSE § 1706 Editorial Notes REFERENCES IN TEXT The National Emergencies Act, referred to in subsec. (d), is Pub. L. 94–412, Sept. 14, 1976, 90 Stat. 1255. Title IV of the National Emergencies Act enacted subchapter IV (§ 1641) of chapter 34 of this title. For complete clas- sification of this Act to the Code, see Short Title note set out under section 1601 of this title and Tables. § 1704. Authority to issue regulations The President may issue such regulations, in- cluding regulations prescribing definitions, as may be necessary for the exercise of the authori- ties granted by this chapter. (Pub. L. 95–223, title II, § 205, Dec. 28, 1977, 91 Stat. 1628.) § 1705. Penalties (a) Unlawful acts It shall be unlawful for a person to violate, at- tempt to violate, conspire to violate, or cause a violation of any license, order, regulation, or prohibition issued under this chapter. (b) Civil penalty A civil penalty may be imposed on any person who commits an unlawful act described in sub- section (a) in an amount not to exceed the greater of— (1) $250,000; or (2) an amount that is twice the amount of the transaction that is the basis of the viola- tion with respect to which the penalty is im- posed. (c) Criminal penalty A person who willfully commits, willfully at- tempts to commit, or willfully conspires to com- mit, or aids or abets in the commission of, an unlawful act described in subsection (a) shall, upon conviction, be fined not more than $1,000,000, or if a natural person, may be impris- oned for not more than 20 years, or both. (d) Statute of limitations (1) Time for commencing proceedings (A) In general An action, suit, or proceeding for the en- forcement of any civil fine, penalty, or for- feiture, p

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