22 U.S.C. § 7205 — State sponsors of international terrorism

Page 1938 TITLE 22—FOREIGN RELATIONS AND INTERCOURSE § 7204 1 See References in Text note below. 1 See References in Text note below. to impose) a sanction referred to in section 7202 of this title— (1) against a foreign country or foreign enti- ty— (A) pursuant to a declaration of war against the country or entity; (B) pursuant to specific statutory author- ization for the use of the Armed Forces of the United States against the country or en- tity; (C) against which the Armed Forces of the United States are involved in hostilities; or (D) where imminent involvement by the Armed Forces of the United States in hos- tilities against the country or entity is clearly indicated by the circumstances; or (2) to the extent that the sanction would prohibit, restrict, or condition the provision or use of any agricultural commodity, medi- cine, or medical device that is— (A) controlled on the United States Muni- tions List established under section 2778 of this title; (B) controlled on any control list estab- lished under the Export Administration Act of 1979 or any successor statute (50 U.S.C. App. 2401 et seq.); 1 or (C) used to facilitate the design, develop- ment, or production of chemical or biologi- cal weapons, missiles, or weapons of mass destruction. (Pub. L. 106–387, § 1(a) [title IX, § 904], Oct. 28, 2000, 114 Stat. 1549, 1549A–68; Pub. L. 107–56, title II, § 221(a)(1), Oct. 26, 2001, 115 Stat. 292.) Editorial Notes REFERENCES IN TEXT The Export Administration Act of 1979, referred to in par. (2)(B), is Pub. L. 96–72, Sept. 29, 1979, 93 Stat. 503, which was classified principally to section 2401 et seq. of the former Appendix to Title 50, War and National Defense, prior to editorial reclassification and renum- bering as chapter 56 (§ 4601 et seq.) of Title 50, and was repealed by Pub.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). See the Ex- port Control Reform Act of 2018 (50 U.S.C. 4801 et seq.). AMENDMENTS 2001—Par. (2)(C). Pub. L. 107–56 amended subpar. (C) generally. Prior to amendment, subpar. (C) read as fol- lows: ‘‘used to facilitate the development or production of a chemical or biological weapon or weapon of mass destruction.’’ § 7204. Termination of sanctions Any unilateral agricultural sanction or unilat- eral medical sanction that is imposed pursuant to the procedures described in section 7202(a) of this title shall terminate not later than 2 years after the date on which the sanction became ef- fective unless— (1) not later than 60 days before the date of termination of the sanction, the President submits to Congress a report containing— (A) the recommendation of the President for the continuation of the sanction for an additional period of not to exceed 2 years; and (B) the request of the President for ap- proval by Congress of the recommendation; and (2) there is enacted into law a joint resolu- tion stating the approval of Congress for the report submitted under paragraph (1). (Pub. L. 106–387, § 1(a) [title IX, § 905], Oct. 28, 2000, 114 Stat. 1549, 1549A–69.) § 7205. State sponsors of international terrorism (a) Requirement (1) In general Notwithstanding any other provision of this chapter (other than section 7203 of this title), the export of agricultural commodities, medi- cine, or medical devices to Cuba, the Taliban or the territory of Afghanistan controlled by the Taliban, or to the government of a country that has been determined by the Secretary of State to have repeatedly provided support for acts of international terrorism under section 2371 of this title, section 4605(j)(1) 1 of title 50, or section 2780(d) of this title, or to any other entity in such a country, shall only be made pursuant to 1-year licenses issued by the United States Government for contracts en- tered into during the 1-year period of the li- cense and shipped within the 12-month period beginning on the date of the signing of the contract, except that the requirements of such 1-year licenses shall be no more restrictive than license exceptions administered by the Department of Commerce or general licenses administered by the Department of the Treas- ury, except that procedures shall be in place to deny licenses for exports to any entity within such country, or in the territory of Af- ghanistan controlled by the Taliban, pro- moting international terrorism. (2) Exception Paragraph (1) shall not apply with respect to the export of agricultural commodities, medi- cine, or medical devices to the Government of Syria or to the Government of North Korea, or to any other entity in Syria or North Korea. (b) Quarterly reports The applicable department or agency of the Federal Government shall submit to the appro- priate congressional committees on a quarterly basis a report on any activities undertaken under subsection (a)(1) during the preceding cal- endar quarter. (c) Biennial reports Not later than 2 years after October 28, 2000, and every 2 years thereafter, the applicable de- partment or agency of the Federal Government shall submit a report to the appropriate con- gressional committees on the operation of the licensing system under this section for the pre- ceding 2-year period, including— (1) the number and types of licenses applied for; (2) the number and types of licenses ap- proved; (3) the average amount of time elapsed from the date of filing of a license application until the date of its approval; Page 1939 TITLE 22—FOREIGN RELATIONS AND INTERCOURSE § 7207 (4) the extent to which the licensing proce- dures were effectively implemented; and (5) a description of comments received from interested parties about the extent to which the licensing procedures were effective, after the applicable department or agency holds a public 30-day comment period. (Pub. L. 106–387, § 1(a) [title IX, § 906], Oct. 28, 2000, 114 Stat. 1549, 1549A–69; Pub. L. 107–56, title II, § 221(a)(2), (3), Oct. 26, 2001, 115 Stat. 292.) Editorial Notes REFERENCES IN TEXT Section 4605(j)(1) of title 50, referred to in subsec. (a)(1), was repealed by Pub. L. 115–232, div. A, title XVII, § 1766(a), Aug. 13, 2018, 132 Stat. 2232. AMENDMENTS 2001—Subsec. (a)(1). Pub. L. 107–56, § 221(a)(2), inserted ‘‘, the Taliban or the territory of Afghanistan con- trolled by the Taliban,’’ after ‘‘Cuba’’ and ‘‘, or in the territory of Afghanistan controlled by the Taliban,’’ after ‘‘entity within such country’’. Subsec. (a)(2). Pub. L. 107–56, § 221(a)(3), inserted ‘‘, or to any other entity in Syria or North Korea’’ before pe- riod at end. § 7206. Congressional procedures (a) Referral of report A report described in section 7202(a)(1) or 7204(1) of this title shall be referred to the appro- priate committee or committees of the House of Representatives and to the appropriate com- mittee or committees of the Senate. (b) Referral of joint resolution (1) In general A joint resolution introduced in the Senate shall be referred to the Committee on Foreign Relations, and a joint resolution introduced in the House of Representatives shall be referred to the Committee on International Relations. (2) Reporting date A joint resolution referred to in paragraph (1) may not be reported before the eighth ses- sion day of Congress after the introduction of the joint resolution. (Pub. L. 106–387, § 1(a) [title IX, § 907], Oct. 28, 2000, 114 Stat. 1549, 1549A–70.) Statutory Notes and Related Subsidiaries CHANGE OF NAME Committee on International Relations of House of Representatives changed to Committee on Foreign Af- fairs of House of Representatives by House Resolution No. 6, One Hundred Tenth Congress, Jan. 5, 2007. § 7207. Prohibition on United States assistance and financing (a) Prohibition on United States assistance (1) In general Notwithstanding any other provision of law, no United States Government assistance, in- cluding United States foreign assistance, United States export assistance, and any United States credit or guarantees shall be available for exports to Cuba or for commer- cial exports to Iran, Libya, North Korea, or Sudan. (2) Rule of construction Nothing in paragraph (1) shall be construed to alter, modify, or otherwise affect the provi- sions of section 6039 of this title or any other provision of law relating to Cuba in effect on the day before October 28, 2000. (3) Waiver The President may waive the application of paragraph (1) with respect to Iran, Libya, North Korea, and Sudan to the degree the President determines that it is in the national security interest of the United States to do so, or for humanitarian reasons. (b) Prohibition on financing of agricultural sales to Cuba (1) In general No United States person may provide pay- ment or financing terms for sales of agricul- tural commodities or products to Cuba or any person in Cuba, except in accordance with the following terms (notwithstanding part 515 of title 31, Code of Federal Regulations, or any other provision of law): (A) Payment of cash in advance. (B) Financing by third country financial institutions (excluding United States per- sons or Government of Cuba entities), except that such financing may be confirmed or ad- vised by a United States financial institu- tion. Nothing in this paragraph authorizes payment terms or trade financing involving a debit or credit to an account of a person located in Cuba or of the Government of Cuba main- tained on the books of a United States deposi- tory institution. (2) Penalties Any private person or entity that violates paragraph (1) shall be subject to the penalties provided in the Trading With the Enemy Act [50 U.S.C. 4301 et seq.] for violations under that Act. (3) Administration and enforcement The President shall issue such regulations as are necessary to carry out this section, except that the President, in lieu of issuing new regu- lations, may apply any regulations in effect on October 28, 2000, pursuant to the Trading With the Enemy Act [50 U.S.C. 4301 et seq.], with re- spect to the conduct prohibited in paragraph (1). (4) Definitions In this subsection— (A) the term ‘‘financing’’ includes any loan or extension of credit; (B) the term ‘‘United States depository in- stitution’’ means any entity (including its foreign branches or subsidiaries) organized under the laws of any jurisdiction within the United States, or any agency, office or branch located in the United States of a for- eign entity, that is engaged primarily in the business of banking (including a bank, sav- ings bank, savings association, credit union,