22 U.S.C. § 9528 — Sanctions with respect to the transfer of

Page 2259 TITLE 22—FOREIGN RELATIONS AND INTERCOURSE § 9528 203(b)(2) of IEEPA (50 U.S.C. 1702(b)(2)) by, to, or for the benefit of any person whose property and interests in property are blocked pursuant to this order would seri- ously impair my ability to deal with the national emer- gency declared in Executive Order 14024, and I hereby prohibit such donations as provided by section 1 of this order. SEC. 6. For the purposes of this order: (a) the term ‘‘entity’’ means a partnership, associa- tion, trust, joint venture, corporation, group, subgroup, or other organization; (b) the term ‘‘foreign person’’ means an individual or entity that is not a United States person; (c) the term ‘‘person’’ means an individual or entity; and (d) the term ‘‘United States person’’ means any United States citizen, lawful permanent resident, enti- ty organized under the laws of the United States or any jurisdiction within the United States (including foreign branches), or any person in the United States. SEC. 7. For those persons whose property and inter- ests in property are blocked pursuant to this order who might have a constitutional presence in the United States, I find that because of the ability to transfer funds or other assets instantaneously, prior notice to such persons of measures to be taken pursuant to this order would render those measures ineffectual. I there- fore determine that for these measures to be effective in addressing the national emergency declared in Exec- utive Order 14024, there need be no prior notice of a list- ing or determination made pursuant to section 1 of this order. SEC. 8. The Secretary of the Treasury, in consultation with the Secretary of State, is hereby authorized to take such actions, including the promulgation of rules and regulations, and to employ all powers granted to the President by IEEPA and PEESA, as may be nec- essary to carry out the purposes of this order. The Sec- retary of the Treasury may, consistent with applicable law, redelegate any of these functions within the De- partment of the Treasury. All departments and agen- cies of the United States shall take all appropriate measures within their authority to carry out the provi- sions of this order. SEC. 9. Nothing in this order shall prohibit trans- actions for the conduct of the official business of the Federal Government or the United Nations, including its programs, funds, and other entities and bodies, as well as its specialized agencies and related organiza- tions, by employees, grantees, and contractors thereof. SEC. 10. (a) Nothing in this order shall be construed to impair or otherwise affect: (i) the authority granted by law to an executive de- partment or agency, or the head thereof; or (ii) the functions of the Director of the Office of Man- agement and Budget relating to budgetary, administra- tive, or legislative proposals. (b) This order shall be implemented consistent with applicable law and subject to the availability of appro- priations. (c) This order is not intended to, and does not, create any right or benefit, substantive or procedural, enforce- able at law or in equity by any party against the United States, its departments, agencies, or entities, its officers, employees, or agents, or any other person. J.R. BIDEN, JR. § 9527. Sanctions with respect to investment in or facilitation of privatization of State-owned assets by the Russian Federation (a) In general The President shall impose five or more of the sanctions described in section 9529 of this title if the President determines that a person, with ac- tual knowledge, on or after August 2, 2017, makes an investment of $10,000,000 or more (or any combination of investments of not less than $1,000,000 each, which in the aggregate equals or exceeds $10,000,000 in any 12-month period), or fa- cilitates such an investment, if the investment directly and significantly contributes to the ability of the Russian Federation to privatize state-owned assets in a manner that unjustly benefits— (1) officials of the Government of the Rus- sian Federation; or (2) close associates or family members of those officials. (b) Application of new sanctions The President may waive the initial applica- tion of sanctions under subsection (a) 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 is taking steps to im- plement the Minsk Agreement to address the ongoing conflict in eastern Ukraine, signed in Minsk, Belarus, on February 11, 2015, by the leaders of Ukraine, Russia, France, and Ger- many, the Minsk Protocol, which was agreed to on September 5, 2014, and any successor agreements that are agreed to by the Govern- ment of Ukraine. (Pub. L. 115–44, title II, § 233, Aug. 2, 2017, 131 Stat. 917.) Editorial Notes REFERENCES IN TEXT This chapter, referred to in subsec. (b)(1)(B), was in the original ‘‘this title’’, meaning title II of Pub. L. 115–44, Aug. 2, 2017, 131 Stat. 898, which is classified principally to this chapter. For complete classification of title II to the Code, see section 201 of Pub. L. 115–44, set out as a Short Title note under section 9501 of this title and Tables. § 9528. Sanctions with respect to the transfer of arms and related materiel to Syria (a) Imposition of sanctions (1) In general The President shall impose on a foreign per- son the sanctions described in subsection (b) if the President determines that such foreign person has, on or after August 2, 2017, know- ingly exported, transferred, or otherwise pro- vided to Syria significant financial, material, or technological support that contributes ma- terially to the ability of the Government of Syria to— (A) acquire or develop chemical, biologi- cal, or nuclear weapons or related tech- nologies; (B) acquire or develop ballistic or cruise missile capabilities; (C) acquire or develop destabilizing num- bers and types of advanced conventional weapons; (D) acquire significant defense articles, de- fense services, or defense information (as Page 2260 TITLE 22—FOREIGN RELATIONS AND INTERCOURSE § 9529 such terms are defined under the Arms Ex- port Control Act (22 U.S.C. 2751 et seq.)); or (E) acquire items designated by the Presi- dent for purposes of the United States Muni- tions List under section 38(a)(1) of the Arms Export Control Act (22 U.S.C. 2778(a)(1)). (2) Applicability to other foreign persons The sanctions described in subsection (b) shall also be imposed on any foreign person that— (A) is a successor entity to a foreign per- son described in paragraph (1); or (B) is owned or controlled by, or has acted for or on behalf of, a foreign person de- scribed in paragraph (1). (b) Sanctions described The sanctions to be imposed on a foreign per- son described in subsection (a) are the following: (1) Blocking of property The President shall exercise all powers granted by the International Emergency Eco- nomic Powers Act (50 U.S.C. 1701 et seq.) (ex- cept that the requirements of section 202 of such Act (50 U.S.C. 1701) shall not apply) to the extent necessary to block and prohibit all transactions in all 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. (2) Aliens ineligible for visas, admission, or pa- role (A) Exclusion from the United States If the foreign person is an individual, the Secretary of State shall deny a visa to, and the Secretary of Homeland Security shall exclude from the United States, the foreign person. (B) Current visas revoked (i) In general The issuing consular officer, the Sec- retary of State, or the Secretary of Home- land Security (or a designee of one of such Secretaries) shall revoke any visa or other entry documentation issued to the foreign person regardless of when issued. (ii) Effect of revocation A revocation under clause (i) shall take effect immediately and shall automati- cally cancel any other valid visa or entry documentation that is in the possession of the foreign person. (c) Waiver Subject to section 9511 of this title, the Presi- dent may waive the application of sanctions under subsection (b) with respect to a person if the President determines that such a waiver is in the national security interest of the United States. (d) Definitions In this section: (1) Financial, material, or technological sup- port The term ‘‘financial, material, or techno- logical support’’ has the meaning given such term in section 542.304 of title 31, Code of Fed- eral Regulations (or any corresponding similar regulation or ruling). (2) Foreign person The term ‘‘foreign person’’ has the meaning given such term in section 594.304 of title 31, Code of Federal Regulations (or any cor- responding similar regulation or ruling). (3) Syria The term ‘‘Syria’’ has the meaning given such term in section 542.316 of title 31, Code of Federal Regulations (or any corresponding similar regulation or ruling). (Pub. L. 115–44, title II, § 234, Aug. 2, 2017, 131 Stat. 918.) Editorial Notes REFERENCES IN TEXT The Arms Export Control Act, referred to in subsec. (a)(1)(D), is Pub. L. 90–629, Oct. 22, 1968, 82 Stat. 1320, which is classified principally to chapter 39 (§ 2751 et seq.) of this title. For complete classification of this Act to the Code, see Short Title note set out under sec- tion 2751 of this title and Tables. 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. § 9529. Sanctions described (a) Sanctions described The sanctions to be imposed with respect to a person under section 9524(a)(2), 9525(b), 9526(a), or 9527(a) of this title are the following: (1) Export-Import Bank assistance for exports to sanctioned persons The President may direct the Export-Import Bank of the United States not to give approval to the issuance of any guarantee, insurance, extension of credit, or participation in the ex- tension of credit in connection with the export of any goods or services to the sanctioned per- son. (2) Export sanction The President may order the United States Government not to issue any specific license and not to grant any other specific permission or authority to export any goods or tech- nology to the sanctioned person under— (A) the Export Administration Act of 1979 (50 U.S.C. 4601 et seq.) (as continued in effect pursuant to the International Emergency Economic Powers Act (50 U.S.C. 1701 et seq.)); (B) the Arms Export Control Act (22 U.S.C. 2751 et seq.); (C) the Atomic Energy Act of 1954 (42 U.S.C. 2011 et seq.); or (D) any other statute that requires the prior review and approval of the United States Government as a condition for the ex- port or reexport of goods or services. (3) Loans from United States financial institu- tions The President may prohibit any United States financial institution from making