22 U.S.C. § 8752 — Clarification of sensitive technologies for

Page 2131 TITLE 22—FOREIGN RELATIONS AND INTERCOURSE § 8752 (f) Effective date This section shall take effect on August 10, 2012, and apply with respect to activities and transactions described in subsection (a) that are carried out on or after the later of— (1) the date that is 45 days after August 10, 2012; or (2) the date that is 45 days after a person is designated as described in subparagraph (A) or (B) of subsection (a)(2). (Pub. L. 112–158, title III, § 303, Aug. 10, 2012, 126 Stat. 1245.) TERMINATION OF SECTION For termination of section, see section 8785(a) of this title. Editorial Notes REFERENCES IN TEXT The International Emergency Economic Powers Act, referred to in subsecs. (a)(2)(A) and (b)(1)(G), 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 National Defense. For complete classifica- tion of this Act to the Code, see Short Title note set out under section 1701 of Title 50 and Tables. The Foreign Assistance Act of 1961, referred to in sub- sec. (b)(1)(A), is Pub. L. 87–195, Sept. 4, 1961, 75 Stat. 424, which is classified principally to chapter 32 (§ 2151 et seq.) of this title. For complete classification of this Act to the Code, see Short Title note set out under sec- tion 2151 of this title and Tables. The Arms Export Control Act, referred to in subsec. (b)(1)(A), (B), 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 National Security Act of 1947, referred to in sub- sec. (b)(1)(D), (F)(i), is act July 26, 1947, ch. 343, 61 Stat. 495, which was formerly classified principally to chap- ter 15 (§ 401 et seq.) of Title 50, War and National De- fense, prior to editorial reclassification in chapter 44 (§ 3001 et seq.) of Title 50. Title V of the Act is now clas- sified generally to subchapter III (§ 3091 et seq.) of chap- ter 44 of Title 50. For complete classification of this Act to the Code, see Tables. Section 1501 of the National Defense Authorization Act for Fiscal Year 1997, referred to in subsec. (b)(2), is section 1501 of Pub. L. 104–201, which was formerly set out as a note under section 2362 of Title 50, War and Na- tional Defense, and was repealed by Pub. L. 113–291, div. A, title XIII, § 1351(5), Dec. 19, 2014, 128 Stat. 3607. The Atomic Energy Defense Act, referred to in sub- sec. (b)(2), is div. D of Pub. L. 107–314, as added Pub. L. 108–136, div. C, title XXXI, § 3141(b), Nov. 24, 2003, 117 Stat. 1753, which is classified generally to chapter 42 (§ 2501 et seq.) of Title 50, War and National Defense. For complete classification of this Act to the Code, see Short Title note set out under section 2501 of Title 50 and Tables. § 8744. Rule of construction Nothing in this subchapter shall be construed to limit the authority of the President to des- ignate foreign persons for the imposition of sanctions pursuant to the International Emer- gency Economic Powers Act (50 U.S.C. 1701 et seq.). (Pub. L. 112–158, title III, § 304, Aug. 10, 2012, 126 Stat. 1247.) TERMINATION OF SECTION For termination of section, see section 8785(a) of this title. Editorial Notes REFERENCES IN TEXT The International Emergency Economic Powers Act, referred to in text, is title II of Pub. L. 95–223, Dec. 28, 1977, 91 Stat. 1626, which is classified generally to chap- ter 35 (§ 1701 et seq.) of Title 50, War and National De- fense. For complete classification of this Act to the Code, see Short Title note set out under section 1701 of Title 50 and Tables. SUBCHAPTER IV—MEASURES TO PROMOTE HUMAN RIGHTS § 8751. Codification of sanctions with respect to grave human rights abuses by the Govern- ments of Iran and Syria using information technology United States sanctions with respect to Iran and Syria provided for in Executive Order No. 13606 (77 Fed. Reg. 24571), as in effect on the day before August 10, 2012, shall remain in effect— (1) with respect to Iran, until the date that is 30 days after the date on which the Presi- dent submits to Congress the certification de- scribed in section 8551(a) of this title; and (2) with respect to Syria, until the date on which the provisions of and sanctions imposed pursuant to subchapter VII terminate pursu- ant to section 8795 of this title. (Pub. L. 112–158, title IV, § 411, Aug. 10, 2012, 126 Stat. 1255.) Editorial Notes REFERENCES IN TEXT Executive Order No. 13606, referred to in text, is listed in tables under section 1701 of Title 50, War and Na- tional Defense. Subchapter VII, referred to in par. (2), was in the original a reference to title VII of Pub. L. 112–158, which enacted subchapter VII of this chapter and provi- sions set out as a note under section 8701 of this title. § 8752. Clarification of sensitive technologies for purposes of procurement ban under Com- prehensive Iran Sanctions, Accountability, and Divestment Act of 2010 The Secretary of State shall— (1) not later than 90 days after August 10, 2012, issue guidelines to further describe the technologies that may be considered ‘‘sen- sitive technology’’ for purposes of section 106 of the Comprehensive Iran Sanctions, Ac- countability, and Divestment Act of 2010 (22 U.S.C. 8515), with special attention to new forms of sophisticated jamming, monitoring, and surveillance technology relating to mobile telecommunications and the Internet, and publish those guidelines in the Federal Reg- ister; (2) determine the types of technologies that enable any indigenous capabilities that Iran has to disrupt and monitor information and communications in that country, and consider adding descriptions of those items to the guidelines; and (3) periodically review, but in no case less than once each year, the guidelines and, if necessary, amend the guidelines on the basis of technological developments and new infor- mation regarding transfers of technologies to Page 2132 TITLE 22—FOREIGN RELATIONS AND INTERCOURSE § 8753 Iran and the development of Iran’s indigenous capabilities to disrupt and monitor informa- tion and communications in Iran. (Pub. L. 112–158, title IV, § 412, Aug. 10, 2012, 126 Stat. 1255.) § 8753. Expedited consideration of requests for authorization of certain human rights-, hu- manitarian-, and democracy-related activi- ties with respect to Iran (a) Requirement The Office of Foreign Assets Control, in con- sultation with the Department of State, shall establish an expedited process for the consider- ation of complete requests for authorization to engage in human rights-, humanitarian-, or de- mocracy-related activities relating to Iran that are submitted by— (1) entities receiving funds from the Depart- ment of State to engage in the proposed activ- ity; (2) the Broadcasting Board of Governors; and (3) other appropriate agencies of the United States Government. (b) Procedures Requests for authorization under subsection (a) shall be submitted to the Office of Foreign Assets Control in conformance with the Office’s regulations, including section 501.801 of title 31, Code of Federal Regulations (commonly known as the Reporting, Procedures and Penalties Reg- ulations). Applicants shall fully disclose the par- ties to the transactions as well as describe the activities to be undertaken. License applica- tions involving the exportation or reexportation of goods, technology, or software to Iran shall include a copy of an official Commodity Classi- fication issued by the Department of Commerce, Bureau of Industry and Security, as part of the license application. (c) Foreign policy review The Department of State shall complete a for- eign policy review of a request for authorization under subsection (a) not later than 30 days after the request is referred to the Department by the Office of Foreign Assets Control. (d) License determinations License determinations for complete requests for authorization under subsection (a) shall be made not later than 90 days after receipt by the Office of Foreign Assets Control, with the fol- lowing exceptions: (1) Any requests involving the exportation or reexportation to Iran of goods, technology, or software listed on the Commerce Control List maintained pursuant to part 774 of title 15, Code of Federal Regulations, shall be proc- essed in a manner consistent with the Iran- Iraq Arms Non-Proliferation Act of 1992 (title XVI of Public Law 102–484) and other applica- ble provisions of law. (2) Any other requests presenting unusual or extraordinary circumstances. (e) Regulations The Secretary of the Treasury may prescribe such regulations as are appropriate to carry out this section. (Pub. L. 112–158, title IV, § 413, Aug. 10, 2012, 126 Stat. 1256.) Editorial Notes REFERENCES IN TEXT The Iran-Iraq Arms Non-Proliferation Act of 1992, re- ferred to in subsec. (d)(1), is title XVI of div. A of Pub. L. 102–484, Oct. 23, 1992, 106 Stat. 2571, which is set out as a note under section 1701 of Title 50, War and Na- tional Defense. Statutory Notes and Related Subsidiaries CHANGE OF NAME Broadcasting Board of Governors renamed United States Agency for Global Media pursuant to section 6204(a)(21) of this title. The renaming was effectuated by notice to congressional appropriations committees dated May 24, 2018, and became effective Aug. 22, 2018. § 8754. Comprehensive strategy to promote Inter- net freedom and access to information in Iran Not later than 90 days after August 10, 2012, the Secretary of State, in consultation with the Secretary of the Treasury and the heads of other Federal agencies, as appropriate, shall submit to the appropriate congressional committees a comprehensive strategy to— (1) assist the people of Iran to produce, ac- cess, and share information freely and safely via the Internet, including in Farsi and re- gional languages; (2) support the development of counter-cen- sorship technologies that enable the citizens of Iran to undertake Internet activities with- out interference from the Government of Iran; (3) increase the capabilities and availability of secure mobile and other communications through connective technology among human rights and democracy activists in Iran; (4) provide resources for digital safety train- ing for media and academic and civil society organizations in Iran; (5) provide accurate and substantive Inter- net content in local languages in Iran; (6) increase emergency resources for the most vulnerable human rights advocates seek- ing to organize, share information, and sup- port human rights in Iran; (7) expand surrogate radio, television, live stream, and social network communications inside Iran, including— (A) by expanding Voice of America’s Per- sian News Network and Radio Free Europe/ Radio Liberty’s Radio Farda to provide hourly live news update programming and breaking news coverage capability 24 hours a day and 7 days a week; and (B) by assisting telecommunications and software companies that are United States persons to comply with the export licensing requirements of the United States for the purpose of expanding such communications inside Iran; (8) expand activities to safely assist and train human rights, civil society, and democ- racy activists in Iran to operate effectively and securely; (9) identify and utilize all available re- sources to overcome attempts by the Govern-