22 U.S.C. § 8514a — Imposition of sanctions with respect to

Page 2086 TITLE 22—FOREIGN RELATIONS AND INTERCOURSE § 8514a ful political activists that occurred in the aftermath of the June 12, 2009, presidential election in Iran and prosecuted the individuals responsible for such killings, arrests, and abuse; and (4) made public commitments to, and is making demonstrable progress toward— (A) establishing an independent judiciary; and (B) respecting the human rights and basic freedoms recognized in the Universal Dec- laration of Human Rights. (Pub. L. 111–195, title I, § 105, July 1, 2010, 124 Stat. 1335.) Editorial Notes REFERENCES IN TEXT The International Emergency Economic Powers Act, referred to in subsec. (c), 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 FUNCTIONS Ex. Ord. No. 13553, §§ 5–7, Sept. 28, 2010, 75 F.R. 60568, 60569, authorized the Secretary of the Treasury, in con- sultation with the Secretary of State, to employ all powers granted to the President by subsecs. (a) to (c) of this section and to take such actions, including the promulgation of rules and regulations, as may be nec- essary to carry out the purposes of Ex. Ord. No. 13553, except that (1) the Secretary of State is authorized to exercise the functions and authorities conferred upon the President by subsec. (a) with respect to imposition of the visa sanctions described in subsec. (c) and is fur- ther authorized to exercise the functions and authori- ties conferred upon the President by subsec. (c) with re- spect to the promulgation of rules and regulations re- lated to the visa sanctions described therein; and (2) the Secretary of State, in consultation with the Sec- retary of the Treasury, is authorized to submit to Con- gress, as required by subsec. (b), the initial and updated lists of persons subject to visa sanctions and blockage of property pursuant to Ex. Ord. No. 13553. § 8514a. Imposition of sanctions with respect to the transfer of goods or technologies to Iran that are likely to be used to commit human rights abuses (a) In general The President shall impose sanctions in ac- cordance with subsection (c) with respect to each person on the list required by subsection (b). (b) List (1) In general Not later than 90 days after August 10, 2012, the President shall submit to the appropriate congressional committees a list of persons that the President determines have knowingly engaged in an activity described in paragraph (2) on or after August 10, 2012. (2) Activity described (A) In general A person engages in an activity described in this paragraph if the person— (i) transfers, or facilitates the transfer of, goods or technologies described in sub- paragraph (C) to Iran, any entity organized under the laws of Iran or otherwise subject to the jurisdiction of the Government of Iran, or any national of Iran, for use in or with respect to Iran; or (ii) provides services (including services relating to hardware, software, and spe- cialized information, and professional con- sulting, engineering, and support services) with respect to goods or technologies de- scribed in subparagraph (C) after such goods or technologies are transferred to Iran. (B) Applicability to contracts and other agreements A person engages in an activity described in subparagraph (A) without regard to whether the activity is carried out pursuant to a contract or other agreement entered into before, on, or after August 10, 2012. (C) Goods or technologies described Goods or technologies described in this subparagraph are goods or technologies that the President determines are likely to be used by the Government of Iran or any of its agencies or instrumentalities (or by any other person on behalf of the Government of Iran or any of such agencies or instrumen- talities) to commit serious human rights abuses against the people of Iran, includ- ing— (i) firearms or ammunition (as those terms are defined in section 921 of title 18), rubber bullets, police batons, pepper or chemical sprays, stun grenades, electro- shock weapons, tear gas, water cannons, or surveillance technology; or (ii) sensitive technology (as defined in section 8515(c) of this title). (3) Special rule to allow for termination of sanctionable activity The President shall not be required to in- clude a person on the list required by para- graph (1) if the President certifies in writing to the appropriate congressional committees that— (A) the person is no longer engaging in, or has taken significant verifiable steps toward stopping, the activity described in paragraph (2) for which the President would otherwise have included the person on the list; and (B) the President has received reliable as- surances that the person will not knowingly engage in any activity described in para- graph (2) in the future. (4) Updates of list The President shall submit to the appro- priate congressional committees an updated list under paragraph (1)— (A) each time the President is required to submit an updated list to those committees under section 8514(b)(2)(A) of this title; and (B) as new information becomes available. (5) Form of report; public availability (A) Form The list required by paragraph (1) shall be submitted in unclassified form but may con- tain a classified annex. Page 2087 TITLE 22—FOREIGN RELATIONS AND INTERCOURSE § 8514c (B) Public availability The unclassified portion of the list re- quired by paragraph (1) shall be made avail- able to the public and posted on the websites of the Department of the Treasury and the Department of State. (c) Application of sanctions (1) In general Subject to paragraph (2), the President shall impose sanctions described in section 8514(c) of this title with respect to a person on the list required by subsection (b). (2) Transfers to Iran’s Revolutionary Guard Corps In the case of a person on the list required by subsection (b) for transferring, or facili- tating the transfer of, goods or technologies described in subsection (b)(2)(C) to Iran’s Rev- olutionary Guard Corps, or providing services with respect to such goods or technologies after such goods or technologies are trans- ferred to Iran’s Revolutionary Guard Corps, the President shall— (A) impose sanctions described in section 8514(c) of this title with respect to the per- son; and (B) impose such other sanctions from among the sanctions described in section 6(a) of the Iran Sanctions Act of 1996 (Public Law 104–172; 50 U.S.C. 1701 note) as the Presi- dent determines appropriate. (Pub. L. 111–195, title I, § 105A, as added Pub. L. 112–158, title IV, § 402(a), Aug. 10, 2012, 126 Stat. 1252.) § 8514b. Imposition of sanctions with respect to persons who engage in censorship or other related activities against citizens of Iran (a) In general The President shall impose sanctions de- scribed in section 8514(c) of this title with re- spect to each person on the list required by sub- section (b). (b) List of persons who engage in censorship (1) In general Not later than 90 days after August 10, 2012, the President shall submit to the appropriate congressional committees a list of persons that the President determines have, on or after June 12, 2009, engaged in censorship or other activities with respect to Iran that— (A) prohibit, limit, or penalize the exercise of freedom of expression or assembly by citi- zens of Iran; or (B) limit access to print or broadcast media, including the facilitation or support of intentional frequency manipulation by the Government of Iran or an entity owned or controlled by that Government that would jam or restrict an international sig- nal. (2) Updates of list The President shall submit to the appro- priate congressional committees an updated list under paragraph (1)— (A) each time the President is required to submit an updated list to those committees under section 8514(b)(2)(A) of this title; and (B) as new information becomes available. (3) Form of report; public availability (A) Form The list required by paragraph (1) shall be submitted in unclassified form but may con- tain a classified annex. (B) Public availability The unclassified portion of the list re- quired by paragraph (1) shall be made avail- able to the public and posted on the websites of the Department of the Treasury and the Department of State. (Pub. L. 111–195, title I, § 105B, as added Pub. L. 112–158, title IV, § 403(b), Aug. 10, 2012, 126 Stat. 1254.) § 8514c. Imposition of sanctions with respect to persons engaged in the diversion of goods in- tended for the people of Iran (a) Imposition of sanctions (1) In general The President shall impose sanctions de- scribed in section 8514(c) of this title with re- spect to each person on the list required by subsection (b). (2) Exception The requirement to impose sanctions under paragraph (1) shall not include the authority to impose sanctions on the importation of goods. (b) List of persons who engage in diversion (1) In general As relevant information becomes available, the President shall submit to the appropriate congressional committees a list of persons that the President determines have, on or after January 2, 2013, engaged in corruption or other activities relating to— (A) the diversion of goods, including agri- cultural commodities, food, medicine, and medical devices, intended for the people of Iran; or (B) the misappropriation of proceeds from the sale or resale of such goods. (2) Form of report; public availability (A) Form The list required by paragraph (1) shall be submitted in unclassified form but may con- tain a classified annex. (B) Public availability The unclassified portion of the list re- quired by paragraph (1) shall be made avail- able to the public and posted on the websites of the Department of the Treasury and the Department of State. (c) Good defined In this section, the term ‘‘good’’ has the mean- ing given that term in section 8801(a) of this title. (Pub. L. 111–195, title I, § 105C, as added Pub. L. 112–239, div. A, title XII, § 1249(a), Jan. 2, 2013, 126 Stat. 2015.)