22 U.S.C. § 9403 — Imposition of additional sanctions in re-

Page 2228 TITLE 22—FOREIGN RELATIONS AND INTERCOURSE § 9403 (1) the Committee on Finance, the Com- mittee on Banking, Housing, and Urban Af- fairs, the Committee on Foreign Relations, and the majority and minority leaders of the Senate; and (2) the Committee on Ways and Means, the Committee on Financial Services, the Com- mittee on Foreign Affairs, and the Speaker, the majority leader, and the minority leader of the House of Representatives. (Pub. L. 115–44, title I, § 103, Aug. 2, 2017, 131 Stat. 889.) § 9403. Imposition of additional sanctions in re- sponse to Iran’s ballistic missile program (a) Sense of Congress It is the sense of Congress that the Secretary of the Treasury and the Secretary of State should continue to implement Executive Order No. 13382 (50 U.S.C. 1701 note; relating to block- ing property of weapons of mass destruction de- livery system proliferators and their sup- porters). (b) Imposition of sanctions The President shall impose the sanctions de- scribed in subsection (c) with respect to any per- son that the President determines, on or after August 2, 2017— (1) knowingly engages in any activity that materially contributes to the activities of the Government of Iran with respect to its bal- listic missile program, or any other program in Iran for developing, deploying, or maintain- ing systems capable of delivering weapons of mass destruction, including any efforts to manufacture, acquire, possess, develop, trans- port, transfer, or use such capabilities; (2) is a successor entity to a person referred to in paragraph (1); (3) owns or controls or is owned or controlled by a person referred to in paragraph (1); (4) forms an entity with the purpose of evad- ing sanctions that would otherwise be imposed pursuant to paragraph (3); (5) is acting for or on behalf of a person re- ferred to in paragraph (1), (2), (3), or (4); or (6) knowingly provides or attempts to pro- vide financial, material, technological, or other support for, or goods or services in sup- port of, a person referred to in paragraph (1), (2), (3), (4) or (5). (c) Sanctions described The sanctions described in this subsection are the following: (1) Blocking of property The President shall block, in accordance with the International Emergency Economic Powers Act (50 U.S.C. 1701 et seq.), all trans- actions in all property and interests in prop- erty of any person subject to subsection (b) 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 United States The Secretary of State shall deny a visa to, and the Secretary of Homeland Security shall exclude from the United States, any person subject to subsection (b) that is an alien. (d) Penalties A person that violates, attempts to violate, conspires to violate, or causes a violation of sub- section (c)(1) or any regulation, license, or order issued to carry out that subsection shall be sub- ject to the penalties set forth in subsections (b) and (c) of section 206 of the International Emer- gency Economic Powers Act (50 U.S.C. 1705) to the same extent as a person that commits an un- lawful act described in subsection (a) of that section. (e) Report on contributions to Iran’s ballistic missile program (1) In general Not later than 180 days after August 2, 2017, and every 180 days thereafter, the President shall submit to the appropriate congressional committees a report describing each person that— (A) has, during the period specified in paragraph (2), conducted any activity that has materially contributed to the activities of the Government of Iran with respect to its ballistic missile program, or any other pro- gram in Iran for developing, deploying, or maintaining systems capable of delivering weapons of mass destruction, including any efforts to manufacture, acquire, possess, de- velop, transport, transfer, or use such capa- bilities; (B) is a successor entity to a person re- ferred to in subparagraph (A); (C) owns or controls or is owned or con- trolled by a person referred to in subpara- graph (A); (D) forms an entity with the purpose of evading sanctions that could be imposed as a result of a relationship described in subpara- graph (C); (E) is acting for or on behalf of a person re- ferred to in subparagraph (A), (B), (C), or (D); or (F) is known or believed to have provided, or attempted to provide, during the period specified in paragraph (2), financial, mate- rial, technological, or other support for, or goods or services in support of, any material contribution to a program described in sub- paragraph (A) carried out by a person de- scribed in subparagraph (A), (B), (C), (D), or (E). (2) Period specified The period specified in this paragraph is— (A) in the case of the first report sub- mitted under paragraph (1), the period begin- ning January 1, 2016, and ending on the date the report is submitted; and (B) in the case of a subsequent such report, the 180-day period preceding the submission of the report. (3) Form of report Each report required by paragraph (1) shall be submitted in unclassified form but may in- clude a classified annex. (Pub. L. 115–44, title I, § 104, Aug. 2, 2017, 131 Stat. 890.) Page 2229 TITLE 22—FOREIGN RELATIONS AND INTERCOURSE § 9404 Editorial Notes REFERENCES IN TEXT Executive Order No. 13382, referred to in subsec. (a), is Ex. Ord. No. 13382, June 28, 2005, 70 F.R. 38567, which is listed in a table under section 1701 of Title 50, War and National Defense. The International Emergency Economic Powers Act, referred to in subsec. (c)(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. Executive Documents DELEGATION OF CERTAIN FUNCTIONS AND AUTHORITIES UNDER THE COUNTERING AMERICA’S ADVERSARIES THROUGH SANCTIONS ACT OF 2017 Memorandum of President of the United States, Oct. 11, 2017, 82 F.R. 50051, provided: Memorandum for the Secretary of State[,] the Sec- retary of the Treasury[, and] the Secretary of Home- land Security By the authority vested in me as President by the Constitution and the laws of the United States of America, including section 301 of title 3, United States Code, I hereby order as follows: SECTION 1. (a) I hereby delegate to the Secretary of State the functions and authorities vested in the Presi- dent by section 110 of the Countering America’s Adver- saries Through Sanctions Act of 2017 (Public Law 115–44) (the ‘‘Act’’)[.] (b) I hereby delegate to the Secretary of State, in consultation with the Secretary of the Treasury, the functions and authorities vested in the President by the following provisions of the Act: (i) section 104(b) [22 U.S.C. 9403(b)], with respect to a determination under the standard set forth in sec- tion 104(b)(1); (ii) section 107(a) [22 U.S.C. 9406(a)], with respect to a determination under the standards set forth in sec- tion 107(a)(1) and (a)(2); (iii) section 107(d) [22 U.S.C. 9406(d)], with respect to making the certification described therein; (iv) section 108(b)(2) [22 U.S.C. 9407(b)(2)]; (v) section 109 [22 U.S.C. 9408]; and (vi) section 112 [22 U.S.C. 9411]. (c) I hereby delegate to the Secretary of the Treasury the functions and authorities vested in the President by the following provisions of the Act: (i) section 104(c)(1) [22 U.S.C. 9403(c)(1)]; and (ii) section 107(b)(1) [22 U.S.C. 9406(b)(1)]. (d) 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 the following provisions of the Act: (i) section 104(b), with respect to a determination under the standards set forth under section 104(b)(2) through (b)(6); (ii) section 104(e) [22 U.S.C. 9403(e)]; (iii) section 106(b)(1) [22 U.S.C. 9405(b)(1)]; (iv) section 108(a)(1) [22 U.S.C. 9407(a)(1)]; and (v) section 108(b)(1) [22 U.S.C. 9407(b)(1)]. (e) I hereby delegate to the Secretary of State and the Secretary of the Treasury the functions and au- thorities vested in the President by the following sec- tions of the Act: (i) section 105(b) [22 U.S.C. 9404(b)], to be exercised in consultation with each other and commensurate with their respective areas of responsibility set forth in previous Presidential actions under the Inter- national Emergency Economic Powers Act (50 U.S.C. 1701 et seq.), including Executive Order 13224 of Sep- tember 23, 2001 (Blocking Property and Prohibiting Transactions With Persons Who Commit, Threaten To Commit, or Support Terrorism); (ii) section 108(a)(2) [22 U.S.C. 9407(a)(2)], to be exer- cised in consultation with each other and commensu- rate with their respective areas of responsibility set forth in Executive Order 13382 of June 28, 2005 (Block- ing Property of Weapons of Mass Destruction Proliferators and Their Supporters) and Executive Order 13224; and (iii) section 111(b) [22 U.S.C. 9410(b)], to be exercised commensurate with their respective areas of respon- sibility set forth in this memorandum. (f) I hereby delegate to the Secretary of State, the Secretary of the Treasury, and the Secretary of Home- land Security the functions and authorities vested in the President by the following sections of the Act: (i) section 104(b), to be exercised commensurate with their respective areas of responsibility or dele- gated authority under section 104(c), with respect to the imposition of sanctions following a determina- tion under section 104(b); and (ii) section 107(a), to be exercised commensurate with their respective areas of responsibility or dele- gated authority under section 107(b), with respect to the imposition of sanctions following a determina- tion under section 107(a). SEC. 2. The delegations in this memorandum shall apply to any provisions of any future public laws that are the same or substantially the same as those provi- sions referenced in this memorandum. SEC. 3. The Secretary of State is authorized and di- rected to publish this memorandum in the Federal Reg- ister. DONALD J. TRUMP. § 9404. Imposition of terrorism-related sanctions with respect to the IRGC (a) Findings Congress makes the following findings: (1) The IRGC is subject to sanctions pursu- ant to Executive Order No. 13382 (50 U.S.C. 1701 note; relating to blocking property of weapons of mass destruction delivery system proliferators and their supporters), the Com- prehensive Iran Sanctions, Accountability, and Divestment Act of 2010 (22 U.S.C. 8501 et seq.), Executive Order No. 13553 (50 U.S.C. 1701 note; relating to blocking property of certain persons with respect to serious human rights abuses by the Government of Iran), and Execu- tive Order No. 13606 (50 U.S.C. 1701 note; relat- ing to blocking the property and suspending entry into the United States of certain persons with respect to grave human rights abuses by the Governments of Iran and Syria via infor- mation technology). (2) The Iranian Revolutionary Guard Corps–Quds Force (in this section referred to as the ‘‘IRGC–QF’’) is the primary arm of the Government of Iran for executing its policy of supporting terrorist and insurgent groups. The IRGC–QF provides material, logistical assist- ance, training, and financial support to mili- tants and terrorist operatives throughout the Middle East and South Asia and was des- ignated for the imposition of sanctions by the Secretary of the Treasury pursuant to Execu- tive Order No. 13224 (50 U.S.C. 1701 note; relat- ing to blocking property and prohibiting transactions with persons who commit, threaten to commit, or support terrorism) in October 2007 for its support of terrorism. (3) The IRGC, not just the IRGC–QF, is re- sponsible for implementing Iran’s inter- national program of destabilizing activities, support for acts of international terrorism, and ballistic missile program.