22 U.S.C. § 9529 — Sanctions described

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 Page 2261 TITLE 22—FOREIGN RELATIONS AND INTERCOURSE § 9529 loans or providing credits to the sanctioned person totaling more than $10,000,000 in any 12- month period unless the person is engaged in activities to relieve human suffering and the loans or credits are provided for such activi- ties. (4) Loans from international financial institu- tions The President may direct the United States executive director to each international finan- cial institution to use the voice and vote of the United States to oppose any loan from the international financial institution that would benefit the sanctioned person. (5) Prohibitions on financial institutions The following prohibitions may be imposed against the sanctioned person if that person is a financial institution: (A) Prohibition on designation as primary dealer Neither the Board of Governors of the Fed- eral Reserve System nor the Federal Reserve Bank of New York may designate, or permit the continuation of any prior designation of, the financial institution as a primary dealer in United States Government debt instru- ments. (B) Prohibition on service as a repository of Government funds The financial institution may not serve as agent of the United States Government or serve as repository for United States Gov- ernment funds. The imposition of either sanction under sub- paragraph (A) or (B) shall be treated as one sanction for purposes of subsection (b), and the imposition of both such sanctions shall be treated as two sanctions for purposes of sub- section (b). (6) Procurement sanction The United States Government may not pro- cure, or enter into any contract for the pro- curement of, any goods or services from the sanctioned person. (7) Foreign exchange The President may, pursuant to such regula- tions as the President may prescribe, prohibit any transactions in foreign exchange that are subject to the jurisdiction of the United States and in which the sanctioned person has any interest. (8) Banking transactions The President may, pursuant to such regula- tions as the President may prescribe, prohibit any transfers of credit or payments between financial institutions or by, through, or to any financial institution, to the extent that such transfers or payments are subject to the juris- diction of the United States and involve any interest of the sanctioned person. (9) Property transactions The President may, pursuant to such regula- tions as the President may prescribe, prohibit any person from— (A) acquiring, holding, withholding, using, transferring, withdrawing, transporting, im- porting, or exporting any property that is subject to the jurisdiction of the United States and with respect to which the sanc- tioned person has any interest; (B) dealing in or exercising any right, power, or privilege with respect to such property; or (C) conducting any transaction involving such property. (10) Ban on investment in equity or debt of sanctioned person The President may, pursuant to such regula- tions or guidelines as the President may pre- scribe, prohibit any United States person from investing in or purchasing significant amounts of equity or debt instruments of the sanc- tioned person. (11) Exclusion of corporate officers The President may direct the Secretary of State to deny a visa to, and the Secretary of Homeland Security to exclude from the United States, any alien that the President deter- mines is a corporate officer or principal of, or a shareholder with a controlling interest in, the sanctioned person. (12) Sanctions on principal executive officers The President may impose on the principal executive officer or officers of the sanctioned person, or on persons performing similar func- tions and with similar authorities as such offi- cer or officers, any of the sanctions under this subsection. (b) Sanctioned person defined In this section, the term ‘‘sanctioned person’’ means a person subject to sanctions under sec- tion 9524(a)(2), 9525(b), 9526(a), or 9527(a) of this title. (Pub. L. 115–44, title II, § 235, Aug. 2, 2017, 131 Stat. 919.) Editorial Notes REFERENCES IN TEXT The Export Administration Act of 1979, referred to in subsec. (a)(2)(A), is Pub. L. 96–72, Sept. 29, 1979, 93 Stat. 503, which was classified principally to chapter 56 (§ 4601 et seq.) of Title 50, War and National Defense, prior to repeal by Pub. L. 115–232, div. A, title XVII, § 1766(a), Aug. 13, 2018, 132 Stat. 2232, except for sections 11A, 11B, and 11C thereof (50 U.S.C. 4611, 4612, 4613). The International Emergency Economic Powers Act, referred to in subsec. (a)(2)(A), 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 classification of this Act to the Code, see Short Title note set out under section 1701 of Title 50 and Tables. The Arms Export Control Act, referred to in subsec. (a)(2)(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 Atomic Energy Act of 1954, referred to in subsec. (a)(2)(C), is act Aug. 1, 1946, ch. 724, as added by act Aug. 30, 1954, ch. 1073, § 1, 68 Stat. 919, which is classified principally to chapter 23 (§ 2011 et seq.) of Title 42, The Public Health and Welfare. For complete classification of this Act to the Code, see Short Title note set out under section 2011 of Title 42 and Tables. Page 2262 TITLE 22—FOREIGN RELATIONS AND INTERCOURSE § 9530 § 9530. Exceptions, waiver, and termination (a) Exceptions The provisions of this part and amendments made by this part shall not apply with respect to the following: (1) Activities subject to the reporting re- quirements under title V of the National Secu- rity Act of 1947 (50 U.S.C. 3091 et seq.), or any authorized intelligence activities of the United States. (2) The admission of an alien to the United States if such admission is necessary to com- ply with United States obligations under the Agreement between the United Nations and the United States of America regarding the Headquarters of the United Nations, signed at Lake Success June 26, 1947, and entered into force November 21, 1947, under the Convention on Consular Relations, done at Vienna April 24, 1963, and entered into force March 19, 1967, or under other international agreements. (b) Waiver of sanctions that are imposed Subject to section 9511 of this title, if the President imposes sanctions with respect to a person under this part or the amendments made by this part, the President may waive the appli- cation of those sanctions if the President deter- mines that such a waiver is in the national secu- rity interest of the United States. (c) Termination Subject to section 9511 of this title, the Presi- dent may terminate the application of sanctions under section 9524, 9525, 9526, 9527, or 9528 of this title with respect to a person if the President submits to the appropriate congressional com- mittees— (1) a notice of and justification for the ter- mination; and (2) a notice that— (A) the person is not engaging in the activ- ity that was the basis for the sanctions or has taken significant verifiable steps toward stopping the activity; and (B) the President has received reliable as- surances that the person will not knowingly engage in activity subject to sanctions under this part in the future. (Pub. L. 115–44, title II, § 236, Aug. 2, 2017, 131 Stat. 921.) Editorial Notes REFERENCES IN TEXT This part, referred to in text, is part 2 (§§ 221–238) of subtitle A of title II of Pub. L. 115–44, which enacted this part and sections 8909 and 8910 of this title and amended sections 8901, 8907, 8908, 8923, 8924 of this title. For complete classification of part 2 to the Code, see Tables. The National Security Act of 1947, referred to in sub- sec. (a)(1), is act July 26, 1947, ch. 343, 61 Stat. 495. Title V of the Act is classified generally to subchapter III (§ 3091 et seq.) of chapter 44 of Title 50, War and Na- tional Defense. For complete classification of this Act to the Code, see Tables. § 9531. Exception relating to activities of the Na- tional Aeronautics and Space Administration (a) In general This chapter and the amendments made by this Act shall not apply with respect to activi- ties of the National Aeronautics and Space Ad- ministration. (b) Rule of construction Nothing in this chapter or the amendments made by this Act shall be construed to authorize the imposition of any sanction or other condi- tion, limitation, restriction, or prohibition, that directly or indirectly impedes the supply by any entity of the Russian Federation of any product or service, or the procurement of such product or service by any contractor or subcontractor of the United States or any other entity, relating to or in connection with any space launch con- ducted for— (1) the National Aeronautics and Space Ad- ministration; or (2) any other non-Department of Defense customer. (Pub. L. 115–44, title II, § 237, Aug. 2, 2017, 131 Stat. 922.) Editorial Notes REFERENCES IN TEXT This chapter, referred to in text, was in the original ‘‘This Act’’ and was translated as reading ‘‘This title’’, meaning title II of Pub. L. 115–44, Aug. 2, 2017, 131 Stat. 898, known as the Countering Russian Influence in Eu- rope and Eurasia Act of 2017, which is classified prin- cipally 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. § 9532. Rule of construction Nothing in this part or the amendments made by this part shall be construed— (1) to supersede the limitations or excep- tions on the use of rocket engines for national security purposes under section 1608 of the Carl Levin and Howard P. ‘‘Buck’’ McKeon Na- tional Defense Authorization Act for Fiscal Year 2015 (Public Law 113–291; 128 Stat. 3626; 10 U.S.C. 2271 note), as amended by section 1607 of the National Defense Authorization Act for Fiscal Year 2016 (Public Law 114–92; 129 Stat. 1100) and section 1602 of the National Defense Authorization Act for Fiscal Year 2017 (Public Law 114–328; 130 Stat. 2582); or (2) to prohibit a contractor or subcontractor of the Department of Defense from acquiring components referred to in such section 1608. (Pub. L. 115–44, title II, § 238, Aug. 2, 2017, 131 Stat. 922.) Editorial Notes REFERENCES IN TEXT This part, referred to in text, is part 2 (§§ 221–238) of subtitle A of title II of Pub. L. 115–44, which enacted this part and sections 8909 and 8910 of this title and amended sections 8901, 8907, 8908, 8923, 8924 of this title. For complete classification of part 2 to the Code, see Tables. SUBCHAPTER II—COUNTERING RUSSIAN INFLUENCE IN EUROPE AND EURASIA § 9541. Findings Congress makes the following findings: (1) The Government of the Russian Federa- tion has sought to exert influence throughout