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22 U.S.C. § 8771 — Exclusion of citizens of Iran seeking edu-
Federal law — U.S. Code and appendices · legal_authorities
Page 2135
TITLE 22—FOREIGN RELATIONS AND INTERCOURSE
§ 8772
2023, and not as part of the Iran Threat Reduction and
Syria Human Rights Act of 2012 which comprises this
chapter.
SUBCHAPTER V—MISCELLANEOUS
§ 8771. Exclusion of citizens of Iran seeking edu-
cation relating to the nuclear and energy
sectors of Iran
(a) In general
The Secretary of State shall deny a visa to,
and the Secretary of Homeland Security shall
exclude from the United States, any alien who is
a citizen of Iran that the Secretary of State de-
termines seeks to enter the United States to
participate in coursework at an institution of
higher education (as defined in section 1001(a) of
title 20) to prepare the alien for a career in the
energy sector of Iran or in nuclear science or nu-
clear engineering or a related field in Iran.
(b) Applicability
Subsection (a) applies with respect to visa ap-
plications filed on or after August 10, 2012.
(Pub. L. 112–158, title V, § 501, Aug. 10, 2012, 126
Stat. 1258.)
TERMINATION OF SECTION
For termination of section, see section 8785(a)
of this title.
§ 8772. Interests in certain financial assets of
Iran
(a) Interests in blocked assets
(1) In general
Subject to paragraph (2), notwithstanding
any other provision of law, including any pro-
vision of law relating to sovereign immunity,
and preempting any inconsistent provision of
State law, a financial asset that is—
(A) held by or for a foreign securities
intermediary doing business in the United
States;
(B) a blocked asset (whether or not subse-
quently unblocked), or an asset that would
be blocked if the asset were located in the
United States, that is property described in
subsection (b); and
(C) equal in value to a financial asset of
Iran, including an asset of the central bank
Source: Supplied 2024 U.S. Code historical extraction · 22 U.S.C. § 8771
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Source location: USCODE-2024-title22-chap94-subchapV-sec8771.pdf
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Page 2135
TITLE 22—FOREIGN RELATIONS AND INTERCOURSE
§ 8772
2023, and not as part of the Iran Threat Reduction and
Syria Human Rights Act of 2012 which comprises this
chapter.
SUBCHAPTER V—MISCELLANEOUS
§ 8771. Exclusion of citizens of Iran seeking edu-
cation relating to the nuclear and energy
sectors of Iran
(a) In general
The Secretary of State shall deny a visa to,
and the Secretary of Homeland Security shall
exclude from the United States, any alien who is
a citizen of Iran that the Secretary of State de-
termines seeks to enter the United States to
participate in coursework at an institution of
higher education (as defined in section 1001(a) of
title 20) to prepare the alien for a career in the
energy sector of Iran or in nuclear science or nu-
clear engineering or a related field in Iran.
(b) Applicability
Subsection (a) applies with respect to visa ap-
plications filed on or after August 10, 2012.
(Pub. L. 112–158, title V, § 501, Aug. 10, 2012, 126
Stat. 1258.)
TERMINATION OF SECTION
For termination of section, see section 8785(a)
of this title.
§ 8772. Interests in certain financial assets of
Iran
(a) Interests in blocked assets
(1) In general
Subject to paragraph (2), notwithstanding
any other provision of law, including any pro-
vision of law relating to sovereign immunity,
and preempting any inconsistent provision of
State law, a financial asset that is—
(A) held by or for a foreign securities
intermediary doing business in the United
States;
(B) a blocked asset (whether or not subse-
quently unblocked), or an asset that would
be blocked if the asset were located in the
United States, that is property described in
subsection (b); and
(C) equal in value to a financial asset of
Iran, including an asset of the central bank
or monetary authority of the Government of
Iran or any agency or instrumentality of
that Government, that such foreign securi-
ties intermediary or a related intermediary
holds abroad,
shall be subject to execution or attachment in
aid of execution, or to an order directing that
the asset be brought to the State in which the
court is located and subsequently to execution
or attachment in aid of execution, in order to
satisfy any judgment to the extent of any
compensatory damages awarded against Iran
for damages for personal injury or death
caused by an act of torture, extrajudicial kill-
ing, aircraft sabotage, or hostage-taking, or
the provision of material support or resources
for such an act, without regard to concerns re-
lating to international comity.
(2) Court determination required
In order to ensure that Iran is held account-
able for paying the judgments described in
paragraph (1) and in furtherance of the broader
goals of this Act to sanction Iran, prior to an
award turning over any asset pursuant to exe-
cution or attachment in aid of execution with
respect to any judgments against Iran de-
scribed in paragraph (1), the court shall deter-
mine whether Iran holds equitable title to, or
the beneficial interest in, the assets described
in subsection (b) and that no other person pos-
sesses a constitutionally protected interest in
the assets described in subsection (b) under
the Fifth Amendment to the Constitution of
the United States. To the extent the court de-
termines that a person other than Iran holds—
(A) equitable title to, or a beneficial inter-
est in, the assets described in subsection (b)
(excluding a custodial interest of a foreign
securities intermediary or a related inter-
mediary that holds the assets abroad for the
benefit of Iran); or
(B) a constitutionally protected interest in
the assets described in subsection (b),
such assets shall be available only for execu-
tion or attachment in aid of execution to the
extent of Iran’s equitable title or beneficial in-
terest therein and to the extent such execu-
tion or attachment does not infringe upon
such constitutionally protected interest.
(b) Financial assets described
The financial assets described in this section
are the financial assets that are—
(1) identified in and the subject of pro-
ceedings in the United States District Court
for the Southern District of New York in Pe-
terson et al. v. Islamic Republic of Iran et al.,
Case No. 10 Civ. 4518 (BSJ) (GWG), that were
restrained by restraining notices and levies se-
cured by the plaintiffs in those proceedings, as
modified by court order dated June 27, 2008,
and extended by court orders dated June 23,
2009, May 10, 2010, and June 11, 2010, so long as
such assets remain restrained by court order;
and
(2) identified in and the subject of pro-
ceedings in the United States District Court
for the Southern District of New York in Pe-
terson et al. v. Islamic Republic of Iran et al.,
Case No. 13 Civ. 9195 (LAP).
(c) Rules of construction
Nothing in this section shall be construed—
(1) to affect the availability, or lack thereof,
of a right to satisfy a judgment in any other
action against a terrorist party in any pro-
ceedings other than proceedings referred to in
subsection (b); or
(2) to apply to assets other than the assets
described in subsection (b), or to preempt
State law, including the Uniform Commercial
Code, except as expressly provided in sub-
section (a)(1).
(d) Definitions
In this section:
(1) Blocked asset
The term ‘‘blocked asset’’—
(A) means any asset seized or frozen by the
United States under section 4305(b) of title 50
or under section 202 or 203 of the Inter-
national Emergency Economic Powers Act
(50 U.S.C. 1701 and 1702); and
Cross-references
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Statement of policy** It is the policy of the United States that—
(1) the Islamic Republic of Iran should allow the United Nations Special Rapporteur on the Situation of Human Rights in the Islamic Republic of Iran unimpeded access to facilitate the full implementation of the mandate of the United Nations Special Rapporteur, including—
(A) investigating alleged violations of human rights that are occurring or have occurred both within prisons and elsewhere;
(B) transmitting urgent appeals and letters to the Islamic Republic of Iran regarding alleged violations of human rights; and
(C) engaging with relevant stakeholders in the Islamic Republic of Iran and the surrounding region;
(2) the Islamic Republic of Iran should immediately end violations of the human rights of political prisoners or persons imprisoned for exercising the right to freedom of speech, including—
(A) torture;
(B) denial of access to health care; and
(C) denial of a fair trial;
(3) all prisoners of conscience and political prisoners in the Islamic Republic of Iran should be unconditionally and immediately released;
(4) all diplomatic tools of the United States should be invoked to ensure that all prisoners of conscience and political prisoners in the Islamic Republic of Iran are released, including raising individual cases of particular concern; and
(5) all officials of the government of the Islamic Republic of Iran who are responsible for human rights abuses in the form of politically motivated imprisonment should be held to account, including through the imposition of sanctions pursuant to the Global Magnitsky Human Rights Accountability Act ([22 U.S.C. 10101](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title22-section10101&num=0&edition=prelim) et seq.)
Source: Supplied U.S. Code snapshot — release unconfirmed · 22 U.S.C. § 8771
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Federal law — U.S. Code and appendices · legal_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.
Source: Supplied U.S. Code snapshot — release unconfirmed · 50 U.S.C. § 1701
Stored review status: release_metadata_unconfirmed. The source passage cites 50 U.S.C. § 1701. This identifies an authority to review, not proof of applicability.
Federal law — U.S. Code and appendices · legal_authorities
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
Source: Supplied 2024 U.S. Code historical extraction · 50 U.S.C. § 1701
Stored review status: historical_2024_not_currentness_verified. The source passage cites 50 U.S.C. § 1701. This identifies an authority to review, not proof of applicability.