22 U.S.C. § 1741d — Authorization of imposition of sanctions

Page 451 TITLE 22—FOREIGN RELATIONS AND INTERCOURSE § 1741d States nationals being held hostage or unlaw- fully or wrongfully detained abroad and meas- ures being taken to effect safe recoveries; (4) coordinate the provision of policy guid- ance to the Hostage Recovery Fusion Cell, in- cluding reviewing recovery options proposed by the Hostage Recovery Fusion Cell and working to resolve disputes within the Hos- tage Recovery Fusion Cell; (5) as appropriate, direct the use of resources at the Hostage Recovery Fusion Cell to coordi- nate or assist in the safe recovery of United States nationals unlawfully or wrongfully de- tained abroad; and (6) as appropriate, direct the use of resources at the Hostage Recovery Fusion Cell to coordi- nate the United States Government response to other hostage-takings occurring abroad in which the United States has a national inter- est. (d) Meetings The Hostage Response Group shall meet regu- larly. (e) Reporting The Hostage Response Group shall regularly provide recommendations on hostage recovery options and strategies to the National Security Council. (Pub. L. 116–260, div. FF, title III, § 305, Dec. 27, 2020, 134 Stat. 3095.) § 1741c–1. Report on strategies for reducing like- lihood of United States nationals being un- lawfully or wrongfully detained or taken hos- tage Not later than 60 days after December 23, 2024, the Special Presidential Envoy for Hostage Af- fairs, in coordination with the Hostage Recovery Fusion Cell, the Hostage Response Group, and relevant agencies, as appropriate, shall submit to the President and Congress a classified report that identifies and recommends options and strategies to reduce the likelihood of United States nationals being unlawfully or wrongfully detained abroad or taken hostage. (Pub. L. 116–260, div. FF, title III, § 305A, as added Pub. L. 118–159, div. G, title LXXVII, § 7702, Dec. 23, 2024, 138 Stat. 2553.) § 1741c–2. Coordination with transportation au- thorities and industry on Department of State travel advisories (a) Coordination with the Department of Home- land Security (1) In general The Secretary of State shall, in coordination with the Secretary of Homeland Security and representatives of any other Federal agency determined necessary, and in consultation with the Special Presidential Envoy for Hos- tage Affairs and the Assistant Secretary of State for Consular Affairs, develop messaging and informational guidance to be delivered at all United States international airports and on relevant United States Government websites warning United States nationals of the risks of wrongful or unlawful detention or hostage- taking in covered countries. (2) Messaging and guidance The messaging and guidance described under paragraph (1) may include— (A) posters, brochures, and other informa- tional materials; (B) web banners or other warnings to be displayed on relevant United States Govern- ment websites and webpages; (C) verbal warnings at United States inter- national airports to United States nationals whose destinations, to the extent they are discernable, are covered countries; and (D) other methods deemed appropriate by the Secretary, in coordination with the Sec- retary of Homeland Security and representa- tives of any other Federal agency deter- mined necessary. (b) Department of State coordination with United States airlines The Secretary of State shall, in coordination with the Secretary of Homeland Security and representatives of any other Federal agency de- termined necessary, and in consultation with the Special Presidential Envoy for Hostage Af- fairs and Assistant Secretary of the Bureau of Consular Affairs, work with United States air- lines to provide warnings about the risk of wrongful or unlawful detention and hostage-tak- ing to United States nationals booking travel through their airlines to a covered country. (c) Report Not later than one year after December 23, 2024, the Secretary of State shall, in coordina- tion with the Secretary of Homeland Security and representatives of any other Federal agency determined necessary, submit to Congress a re- port detailing— (1) the additional steps taken to warn United States nationals of the risks of wrongful or unlawful detention and hostage-taking abroad, including those described in this section; (2) efforts to improve the visibility and ex- pand the reach of Department of State travel advisories concerning the risks to United States nationals of wrongful or unlawful de- tention and hostage-taking abroad; and (3) additional recommendations on steps the United States Government might take to im- prove the awareness of United States nation- als of the risk of wrongful or unlawful deten- tion and hostage-taking abroad. (d) Covered country defined In this section, the term ‘‘covered country’’ means a country for which a Department of State travel advisory contains either the ‘‘K— Kidnapping or Hostage Taking’’ or ‘‘D—Wrong- ful Detention’’ Risk Indicators. (Pub. L. 116–260, div. FF, title III, § 305B, as added Pub. L. 118–159, div. G, title LXXVII, § 7705, Dec. 23, 2024, 138 Stat. 2554.) § 1741d. Authorization of imposition of sanctions (a) In general The President may impose the sanctions de- scribed in subsection (b) with respect to any for- eign person the President determines, based on credible evidence— (1) is responsible for or is complicit in, or re- sponsible for ordering, controlling, or other- Page 452 TITLE 22—FOREIGN RELATIONS AND INTERCOURSE § 1741d 1 So in original. Probably should be ‘‘subsection (e),’’. wise directing, the hostage-taking of a United States national abroad or the unlawful or wrongful detention of a United States national abroad; or (2) knowingly provides financial, material, or technological support for, or goods or serv- ices in support of, an activity described in paragraph (1). (b) Sanctions described The sanctions described in this subsection are the following: (1) Ineligibility for visas, admission, or parole (A) Visas, admission, or parole An alien described in subsection (a) may be— (i) inadmissible to the United States; (ii) ineligible to receive a visa or other documentation to enter the United States; and (iii) otherwise ineligible to be admitted or paroled into the United States or to re- ceive any other benefit under the Immi- gration and Nationality Act (8 U.S.C. 1101 et seq.). (B) Current visas revoked (i) In general An alien described in subsection (a) may be subject to revocation of any visa or other entry documentation regardless of when the visa or other entry documenta- tion is or was issued. (ii) Immediate effect A revocation under clause (i) may— (I) take effect immediately; and (II) cancel any other valid visa or entry documentation that is in the alien’s possession. (2) Blocking of property (A) In general The President may exercise all of the pow- ers granted to the President under the Inter- national Emergency Economic Powers Act (50 U.S.C. 1701 et seq.), to the extent nec- essary to block and prohibit all transactions in property and interests in property of a foreign person described in 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 per- son. (B) Inapplicability of national emergency re- quirement The requirements of section 202 of the International Emergency Economic Powers Act (50 U.S.C. 1701) shall not apply for pur- poses of this section. (c) Exceptions (1) Exception for intelligence activities Sanctions under this section shall not apply to any activity 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) Exception to comply with international ob- ligations and for law enforcement activi- ties Sanctions under subsection (b)(1) shall not apply with respect to an alien if admitting or paroling the alien into the United States is necessary— (A) to permit the United States to comply with the Agreement regarding the Head- quarters of the United Nations, signed at Lake Success June 26, 1947, and entered into force November 21, 1947, between the United Nations and the United States, or other ap- plicable international obligations; or (B) to carry out or assist law enforcement activity in the United States. (d) Penalties A person that violates, attempts to violate, conspires to violate, or causes a violation of sub- section (b)(2) 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. (e) Termination of sanctions The President may terminate the application of sanctions under this section with respect to a person if the President determines that— (1) information exists that the person did not engage in the activity for which sanctions were imposed; (2) the person has been prosecuted appro- priately for the activity for which sanctions were imposed; (3) the person has credibly demonstrated a significant change in behavior, has paid an ap- propriate consequence for the activity for which sanctions were imposed, and has credibly committed to not engage in an activ- ity described in subsection (a) in the future; or (4) the termination of the sanctions is in the national security interests of the United States. (f) Reporting requirement If the President terminates sanctions pursuant to subsection (d),1 the President shall report to the appropriate congressional committees a written justification for such termination with- in 15 days. (g) Implementation of regulatory authority The President may exercise all authorities provided under sections 203 and 205 of the Inter- national Emergency Economic Powers Act (50 U.S.C. 1702 and 1704) to carry out this section. (h) Exception relating to importation of goods (1) In general The authorities and requirements to impose sanctions authorized under this subchapter shall not include the authority or a require- ment to impose sanctions on the importation of goods. (2) Good defined In this paragraph, the term ‘‘good’’ means any article, natural or manmade substance, Page 453 TITLE 22—FOREIGN RELATIONS AND INTERCOURSE § 1741f material, supply or manufactured product, in- cluding inspection and test equipment, and ex- cluding technical data. (i) Definitions In this section: (1) Foreign person The term ‘‘foreign person’’ means— (A) any citizen or national of a foreign country (including any such individual who is also a citizen or national of the United States); or (B) any entity not organized solely under the laws of the United States or existing solely in the United States. (2) United States person The term ‘‘United States person’’ means— (A) an individual who is a United States citizen or an alien lawfully admitted for per- manent residence to the United States; (B) an entity organized under the laws of the United States or any jurisdiction within the United States, including a foreign branch of such an entity; or (C) any person in the United States. (Pub. L. 116–260, div. FF, title III, § 306, Dec. 27, 2020, 134 Stat. 3096.) Editorial Notes REFERENCES IN TEXT The Immigration and Nationality Act, referred to in subsec. (b)(1)(A)(iii), is act June 27, 1952, ch. 477, 66 Stat. 163, which is classified principally to chapter 12 (§ 1101 et seq.) of Title 8, Aliens and Nationality. For complete classification of this Act to the Code, see Short Title note set out under section 1101 of Title 8 and Tables. The International Emergency Economic Powers Act, referred to in subsec. (b)(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 National Security Act of 1947, referred to in sub- sec. (c)(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. § 1741e. Definitions In this subchapter: (1) Appropriate congressional committees The term ‘‘appropriate congressional com- mittees’’ means— (A) the Committee on Foreign Relations, the Committee on Appropriations, the Com- mittee on Banking, Housing, and Urban Af- fairs, the Committee on the Judiciary, the Committee on Armed Services, and the Se- lect Committee on Intelligence of the United States Senate; and (B) the Committee on Foreign Affairs, the Committee on Appropriations, the Com- mittee on Financial Services, the Com- mittee on the Judiciary, the Committee on Armed Services, and the Permanent Select Committee on Intelligence of the House of Representatives. (2) United States national The term ‘‘United States national’’ means— (A) a United States national as defined in section 1101(a)(22) or section 1408 of title 8; and (B) a lawful permanent resident alien with significant ties to the United States. (Pub. L. 116–260, div. FF, title III, § 307, Dec. 27, 2020, 134 Stat. 3098.) Editorial Notes REFERENCES IN TEXT This subchapter, referred to in text, was in the origi- nal ‘‘this Act’’ and was translated as reading ‘‘this sub- title’’, meaning subtitle A (§§ 301–308) of title III of div. FF of Pub. L. 116–260, Dec. 27, 2020, 134 Stat. 3091, known as the Robert Levinson Hostage Recovery and Hostage- Taking Accountability Act, which enacted this sub- chapter, to reflect the probable intent of Congress. § 1741f. Rule of construction Nothing in this subchapter may be construed to authorize a private right of action. (Pub. L. 116–260, div. FF, title III, § 308, Dec. 27, 2020, 134 Stat. 3099.) Editorial Notes REFERENCES IN TEXT This subchapter, referred to in text, was in the origi- nal ‘‘this Act’’ and was translated as reading ‘‘this sub- title’’, meaning subtitle A (§§ 301–308) of title III of div. FF of Pub. L. 116–260, Dec. 27, 2020, 134 Stat. 3091, known as the Robert Levinson Hostage Recovery and Hostage- Taking Accountability Act, which enacted this sub- chapter, to reflect the probable intent of Congress. CHAPTER 24—MUTUAL SECURITY PROGRAM SUBCHAPTER I—GENERAL AND ADMINISTRATIVE PROVISIONS Sec. 1750 to 1753a. Repealed. 1754. Foreign currencies. 1755 to 1782. Repealed or Omitted. 1783. Coordination with foreign policy. 1784 to 1795. Repealed. 1796. Participation in Joint Commission on Rural Reconstruction in China. 1797. Repealed. SUBCHAPTER II—MILITARY ASSISTANCE 1811 to 1834. Repealed. SUBCHAPTER III—ECONOMIC ASSISTANCE PART A—DEFENSE SUPPORT 1841 to 1852. Repealed. 1853. Assistance to Yugoslavia. 1854. Repealed. PART B—DEVELOPMENT LOAN FUND 1870 to 1876. Repealed. PART C—TECHNICAL COOPERATION 1891 to 1896. Repealed. 1896a. Restriction on commitments for technical as- sistance. 1896b. Colombo Plan Council for Technical Coopera- tion; authorization. 1897, 1898. Repealed. PART D—SPECIAL ASSISTANCE AND OTHER PROGRAMS 1920 to 1927. Repealed. 1928. North Atlantic Treaty Organization. 1928a. North Atlantic Treaty Parliamentary Con- ference; participation; appointment of United States Group.