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22 U.S.C. § 9406 — Enforcement of arms embargos

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22 U.S.C. § 9406 — Enforcement of arms embargos

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Page 2230 TITLE 22—FOREIGN RELATIONS AND INTERCOURSE § 9405 (b) In general Beginning on the date that is 90 days after Au- gust 2, 2017, the President shall impose the sanc- tions described in subsection (c) with respect to the IRGC and foreign persons that are officials, agents, or affiliates of the IRGC. (c) Sanctions described The sanctions described in this subsection are sanctions applicable with respect to a foreign person pursuant to Executive Order No. 13224 (50 U.S.C. 1701 note; relating to blocking property and prohibiting transactions with persons who commit, threaten to commit, or support ter- rorism). (Pub. L. 115–44, title I, § 105, Aug. 2, 2017, 131 Stat. 892.) Editorial Notes REFERENCES IN TEXT Executive Order No. 13382, referred to in subsec. (a)(1), 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 Comprehensive Iran Sanctions, Accountability, and Divestment Act of 2010, referred to in subsec. (a)(1), is Pub. L. 111–195, July 1, 2010, 124 Stat. 1312, which is classified principally to chapter 92 (§ 8501 et seq.) of this title. For complete classification of this Act to the Code, see Short Title note set out under section 8501 of this title and Tables. Executive Order No. 13553, referred to in subsec. (a)(1), is Ex. Ord. No. 13553, Sept. 28, 2010, 75 F.R. 60567, which is listed in a table under section 1701 of Title 50, War and National Defense. Executive Order No. 13606, referred to in subsec. (a)(1), is Ex. Ord. No. 13606, Apr. 22, 2012, 77 F.R. 24571, which is listed in a table under section 1701 of Title 50, War and National Defense. Executive Order No. 13224, referred to in subsecs. (a)(2) and (c), is Ex. Ord. No. 13224, Sept. 23, 2001, 66 F.R. 49079, which is listed in a table under section 1701 of Title 50, War and National Defense. Executive Documents DELEGATION OF FUNCTIONS For delegation of functions of President under subsec. (b) of this section to the Secretary of State and the Secretary of the Treasury, see section 1(e)(i) of Memo- randum of President of the United States, Oct. 11, 2017, 82 F.R. 50051, set out in a note under section 9403 of this title. § 9405. Imposition of additional sanctions with respect to persons responsible for human rights abuses (a) In general Not later than 90 days after August 2, 2017, and annually thereafter, the Secretary of State shall submit to the appropriate congressional com- mittees a list of each person the Secretary de- termines, based on credible evidence, on or after August 2, 2017— (1) is responsible for extrajudicial killings, torture, or other gross violations of inter- nationally recognized human rights com- mitted against individuals in Iran who seek— (A) to expose illegal activity carried out by officials of the Government of Iran; or (B) to obtain, exercise, defend, or promote internationally recognized human rights and freedoms, such as the freedoms of religion, expression, association, and assembly, and the rights to a fair trial and democratic elections; or (2) acts as an agent of or on behalf of a for- eign person in a matter relating to an activity described in paragraph (1). (b) Sanctions described (1) In general The President may, in accordance with the International Emergency Economic Powers Act (50 U.S.C. 1701 et seq.), block all trans- actions in all property and interests in prop- erty of a person on the list required by sub- section (a) 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 per- son. (2) Penalties A person that violates, attempts to violate, conspires to violate, or causes a violation of paragraph (1) or any regulation, license, or order issued to carry out paragraph (1) shall be subject to the penalties set forth in sub- sections (b) and (c) of section 206 of the Inter- national Emergency Economic Powers Act (50 U.S.C. 1705) to the same extent as a person that commits an unlawful act described in subsection (a) of that section. (Pub. L. 115–44, title I, § 106, Aug. 2, 2017, 131 Stat. 893.) Editorial Notes REFERENCES IN TEXT 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. § 9406. Enforcement of arms embargos (a) In general Except as provided in subsection (d), the Presi- dent shall impose the sanctions described in sub- section (b) with respect to any person that the President determines— (1) knowingly engages in any activity that materially contributes to the supply, sale, or transfer directly or indirectly to or from Iran, or for the use in or benefit of Iran, of any bat- tle tanks, armored combat vehicles, large cal- iber artillery systems, combat aircraft, attack helicopters, warships, missiles or missile sys- tems, as defined for the purpose of the United Nations Register of Conventional Arms, or re- lated materiel, including spare parts; or (2) knowingly provides to Iran any technical training, financial resources or services, ad- vice, other services or assistance related to the supply, sale, transfer, manufacture, main- tenance, or use of arms and related materiel described in paragraph (1). (b) Sanctions described (1) Blocking of property The President shall block, in accordance with the International Emergency Economic Page 2231 TITLE 22—FOREIGN RELATIONS AND INTERCOURSE § 9407 1 See References in Text note below. 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 (a) 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 (a) that is an alien. (c) Penalties A person that violates, attempts to violate, conspires to violate, or causes a violation of sub- section (b)(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. (d) Exception The President is not required to impose sanc- tions under subsection (a) with respect to a per- son for engaging in an activity described in that subsection if the President certifies to the ap- propriate congressional committees that— (1) permitting the activity is in the national security interest of the United States; (2) Iran no longer presents a significant threat to the national security of the United States and to the allies of the United States; and (3) the Government of Iran has ceased pro- viding operational or financial support for acts of international terrorism and no longer satisfies the requirements for designation as a state sponsor of terrorism. (e) State sponsor of terrorism defined In this section, the term ‘‘state sponsor of ter- rorism’’ means a country the government of which the Secretary of State has determined to be a government that has repeatedly provided support for acts of international terrorism for purposes of— (1) section 4605(j)(1)(A) 1 of title 50 (as contin- ued in effect pursuant to the International Emergency Economic Powers Act (50 U.S.C. 1701 et seq.)); (2) section 2371(a) of this title; (3) section 2780(d) of this title; or (4) any other provision of law. (Pub. L. 115–44, title I, § 107, Aug. 2, 2017, 131 Stat. 893.) Editorial Notes REFERENCES IN TEXT The International Emergency Economic Powers Act, referred to in subsecs. (b)(1) and (e)(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 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. Section 4605(j)(1)(A) of title 50, referred to in subsec. (e)(1), was repealed by Pub. L. 115–232, div. A, title XVII, § 1766(a), Aug. 13, 2018, 132 Stat. 2232. Executive Documents DELEGATION OF FUNCTIONS For delegation of functions of President under this section, see Memorandum of President of the United States, Oct. 11, 2017, 82 F.R. 50051, set out as a note under section 9403 of this title. § 9407. Review of applicability of sanctions relat- ing to Iran’s support for terrorism and its ballistic missile program (a) In general Not later than 5 years after August 2, 2017, the President shall conduct a review of all persons on the list of specially designated nationals and blocked persons maintained by the Office of For- eign Assets Control of the Department of the Treasury for activities relating to Iran— (1) to assess the conduct of such persons as that conduct relates to— (A) any activity that materially contrib- utes to the activities of the Government of Iran with respect to its ballistic missile pro- gram; or (B) support by the Government of Iran for acts of international terrorism; and (2) to determine the applicability of sanc- tions with respect to such persons under— (A) 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); or (B) Executive Order No. 13224 (50 U.S.C. 1701 note; relating to blocking property and prohibiting transactions with persons who commit, threaten to commit, or support ter- rorism). (b) Implementation of sanctions If the President determines under subsection (a) that sanctions under an Executive order specified in paragraph (2) of that subsection are applicable with respect to a person, the Presi- dent shall— (1) impose sanctions with respect to that person pursuant to that Executive order; or (2) exercise the waiver authority provided under section 9411 of this title. (Pub. L. 115–44, title I, § 108, Aug. 2, 2017, 131 Stat. 894.) Editorial Notes REFERENCES IN TEXT Executive Order No. 13382, referred to in subsecs. (a)(2)(A) and (b), 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. Executive Order No. 13224, referred to in subsecs. (a)(2)(B) and (b), is Ex. Ord. No. 13224, Sept. 23, 2001, 66 F.R. 49079, which is listed in a table under section 1701 of Title 50, War and National Defense. Executive Documents DELEGATION OF FUNCTIONS For delegation of functions of President under this section, see Memorandum of President of the United

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Federal law — U.S. Code and appendices · legal_authorities

22 U.S.C. § 9406 — Enforcement of arms embargos

**(a) In general** Except as provided in subsection (d), the President shall impose the sanctions described in subsection (b) with respect to any person that the President determines— (1) knowingly engages in any activity that materially contributes to the supply, sale, or transfer directly or indirectly to or from Iran, or for the use in or benefit of Iran, of any battle tanks, armored combat vehicles, large caliber artillery systems, combat aircraft, attack helicopters, warships, missiles or missile systems, as defined for the purpose of the United Nations Register of Conventional Arms, or related materiel, including spare parts; or (2) knowingly provides to Iran any technical training, financial resources or services, advice, other services or assistance related to the supply, sale, transfer, manufacture, maintenance, or use of arms and related materiel described in paragraph (1). **(b) Sanctions described** (1) **Blocking of property** — The President shall block, in accordance with the International Emergency Economic Powers Act ([50 U.S.C. 1701](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title50-section1701&num=0&edition=prelim) et seq.), all transactions in all property and interests in property of any person subject to subsection (a) 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 (a) that is an alien. **(c) Penalties** A person that violates, attempts to violate, conspires to violate, or causes a violation of subsection (b

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Federal law — U.S. Code and appendices · legal_authorities

50 U.S.C. § 1701 — Unusual and extraordinary threat; declaration of national emergency; exercise of Presidential authorities

**(a)** Any authority granted to the President by [section 1702 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title50-section1702&num=0&edition=prelim) may be exercised to deal with any unusual and extraordinary threat, which has its source in whole or substantial part outside the United States, to the national security, foreign policy, or economy of the United States, if the President declares a national emergency with respect to such threat. **(b)** The authorities granted to the President by [section 1702 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title50-section1702&num=0&edition=prelim) may only be exercised to deal with an unusual and extraordinary threat with respect to which a national emergency has been declared for purposes of this chapter and may not be exercised for any other purpose. Any exercise of such authorities to deal with any new threat shall be based on a new declaration of national emergency which must be with respect to such threat.

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Federal law — U.S. Code and appendices · legal_authorities

50 U.S.C. § 1701 — Unusual and extraordinary threat; dec-

Page 151 TITLE 50—WAR AND NATIONAL DEFENSE § 1701 CHAPTER 35—INTERNATIONAL EMERGENCY ECONOMIC POWERS Sec. 1701. Unusual and extraordinary threat; declara- tion of national emergency; exercise of Presidential authorities. 1702. Presidential authorities. 1703. Consultation and reports. 1704. Authority to issue regulations. 1705. Penalties. 1706. Savings provisions. 1707. Multinational economic embargoes against governments in armed conflict with the United States. 1708. Actions to address economic or industrial es- pionage in cyberspace. 1709. Imposition of sanctions with respect to theft of trade secrets of United States persons. 1710. Confronting asymmetric and malicious cyber activities. § 1701. Unusual and extraordinary threat; dec- laration of national emergency; exercise of Presidential authorities (a) Any authority granted to the President by section 1702 of this title may be exercised to deal with any unusual and extraordinary threat, which has its source in whole or substantial part outside the United States, to the national secu- rity, foreign policy, or economy of the United States, if the President declares a national emergency with respect to such threat. (b) The authorities granted to the President by section 1702 of this title may only be exer- cised to deal with an unusual and extraordinary threat with respect to which a national emer- gency has been declared for purposes of this chapter and may not be exercised for any other purpose. Any exercise of such authorities to deal with any new threat shall be based on a new dec- laration of national emergency which must be with respect to such threat. (Pub. L. 95–223, title II, § 202, Dec. 28, 1977, 91 Stat. 1626.) Statutory Notes and Related Subsidiaries SHORT TITLE

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Federal law — U.S. Code and appendices · legal_authorities

50 U.S.C. § 1705 — Penalties

**(a) Unlawful acts** It shall be unlawful for a person to violate, attempt to violate, conspire to violate, or cause a violation of any license, order, regulation, or prohibition issued under this chapter. **(b) Civil penalty** A civil penalty may be imposed on any person who commits an unlawful act described in subsection (a) in an amount not to exceed the greater of— (1) $250,000; or (2) an amount that is twice the amount of the transaction that is the basis of the violation with respect to which the penalty is imposed. **(c) Criminal penalty** A person who willfully commits, willfully attempts to commit, or willfully conspires to commit, or aids or abets in the commission of, an unlawful act described in subsection (a) shall, upon conviction, be fined not more than $1,000,000, or if a natural person, may be imprisoned for not more than 20 years, or both. **(d) Statute of limitations** (1) **Time for commencing proceedings** (A) *In general* — An action, suit, or proceeding for the enforcement of any civil fine, penalty, or forfeiture, pecuniary or otherwise, under this section shall not be entertained unless commenced within 10 years after the latest date of the violation upon which the civil fine, penalty, or forfeiture is based. (B) *Commencement* — For purposes of this paragraph, the commencement of an action, suit, or proceeding includes the issuance of a pre-penalty notice or finding of violation. (2) **Time for indictment** — No person shall be prosecuted, tried, or punished for any offense under subsection (c) unless the indictment is found or the information is instituted within 10 years after the latest date of the violation upon which the indictment or information is based.

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50 U.S.C. § 1705 — Penalties

Page 227 TITLE 50—WAR AND NATIONAL DEFENSE § 1706 Editorial Notes REFERENCES IN TEXT The National Emergencies Act, referred to in subsec. (d), is Pub. L. 94–412, Sept. 14, 1976, 90 Stat. 1255. Title IV of the National Emergencies Act enacted subchapter IV (§ 1641) of chapter 34 of this title. For complete clas- sification of this Act to the Code, see Short Title note set out under section 1601 of this title and Tables. § 1704. Authority to issue regulations The President may issue such regulations, in- cluding regulations prescribing definitions, as may be necessary for the exercise of the authori- ties granted by this chapter. (Pub. L. 95–223, title II, § 205, Dec. 28, 1977, 91 Stat. 1628.) § 1705. Penalties (a) Unlawful acts It shall be unlawful for a person to violate, at- tempt to violate, conspire to violate, or cause a violation of any license, order, regulation, or prohibition issued under this chapter. (b) Civil penalty A civil penalty may be imposed on any person who commits an unlawful act described in sub- section (a) in an amount not to exceed the greater of— (1) $250,000; or (2) an amount that is twice the amount of the transaction that is the basis of the viola- tion with respect to which the penalty is im- posed. (c) Criminal penalty A person who willfully commits, willfully at- tempts to commit, or willfully conspires to com- mit, or aids or abets in the commission of, an unlawful act described in subsection (a) shall, upon conviction, be fined not more than $1,000,000, or if a natural person, may be impris- oned for not more than 20 years, or both. (d) Statute of limitations (1) Time for commencing proceedings (A) In general An action, suit, or proceeding for the en- forcement of any civil fine, penalty, or for- feiture, p

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