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22 U.S.C. § 9423 — Sanctions to combat the proliferation of

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22 U.S.C. § 9423 — Sanctions to combat the proliferation of

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Page 2235 TITLE 22—FOREIGN RELATIONS AND INTERCOURSE § 9423 1 So in original. The number ‘‘16’’ probably should not appear. Yemen and militia units in Iraq, without prior authorization from the United Nations Secu- rity Council, in violation of the restrictions set forth in Annex B to United Nations Secu- rity Council Resolution 2231. (3) Certain missile-related restrictions in Annex B to United Nations Security Council Resolution 2231 expired in October 2023, remov- ing international legal restrictions on missile- related activities and transfers to and from Iran. (Pub. L. 118–50, div. K, § 2, Apr. 24, 2024, 138 Stat. 970.) Statutory Notes and Related Subsidiaries SHORT TITLE Pub. L. 118–50, div. K, § 1, Apr. 24, 2024, 138 Stat. 970, provided that: ‘‘This division [enacting this chapter] may be cited as the ‘Fight and Combat Rampant Ira- nian Missile Exports Act’ or the ‘Fight CRIME Act’.’’ § 9422. Statement of policy It is the policy of the United States— (1) to urgently seek the extension of missile- related restrictions set forth in Annex B to United Nations Security Council Resolution 2231 (2015); (2) to use all available authorities to con- strain Iran’s domestic ballistic missile produc- tion capabilities; (3) to combat and deter the transfer of con- ventional and non-conventional arms, equip- ment, material, and technology to, or from Iran, or involving the Government of Iran; and (4) to ensure countries, individuals, and enti- ties engaged in, or attempting to engage in, the acquisition, facilitation, or development of arms and related components and technology subject to restrictions under Annex B to United Nations Security Council Resolution 2231 are held to account under United States and international law, including through the application and enforcement of sanctions and use of export controls, regardless of whether the restrictions under Annex B to United Na- tions Security Council Resolution 2231 remain in effect following their anticipated expiration in October 2023. (Pub. L. 118–50, div. K, § 3, Apr. 24, 2024, 138 Stat. 970.) § 9423. Sanctions to combat the proliferation of Iranian missiles (a) In general The sanctions described in subsection (b) shall apply to any foreign person the President deter- mines, on or after April 24, 2024— (1) knowingly engages in any effort to ac- quire, possess, develop, transport, transfer, or deploy covered technology to, from, or involv- ing the Government of Iran or Iran-aligned en- tities, regardless of whether the restrictions set forth in Annex B to United Nations Secu- rity Council Resolution 2231 (2015) remain in effect after October 2023; (2) knowingly provides entities owned or controlled by the Government of Iran or Iran- aligned entities with goods, technology, parts, or components, that may contribute to the de- velopment of covered technology; (3) knowingly participates in joint missile or drone development, including development of covered technology, with the Government of Iran or Iran-aligned entities, including tech- nical training, storage, and transport; (4) knowingly imports, exports, or re-exports to, into, or from Iran, whether directly or indi- rectly, any significant arms or related mate- riel prohibited under paragraph (5) or (6) to Annex B of United Nations Security Council Resolution 2231 (2015) as of April 1, 2023; (5) knowingly provides significant financial, material, or technological support to, or knowingly engages in a significant trans- action with, a foreign person subject to sanc- tions for conduct described in paragraph (1), (2), (3), or (4); or (6) is an adult family member of a person subject to sanctions for conduct described in paragraph (1), (2), (3), or (4). (b) Sanctions described The sanctions described in this subsection are the following: (1) Blocking of property The President shall exercise all authorities granted under the International Emergency Economic Powers Act (50 U.S.C. 1701 et seq.) to the extent necessary to block and prohibit all transactions in property and interests in prop- erty of the foreign person if such property and interests in property are in the United States, come within the United States, or come with- in the possession or control of a United States person. (2) Ineligibility for visas, admission, or parole (A) Visas, admission, or parole An alien described in subsection (a) shall 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 16 1 seq.). (B) Current visas revoked (i) In general The visa or other entry documentation of any alien described in subsection (a) is subject to revocation regardless of the issue date of the visa or other entry docu- mentation. (ii) Immediate effect A revocation under clause (i) shall, in ac- cordance with section 221(i) of the Immi- gration and Nationality Act (8 U.S.C. 1201(i))— (I) take effect immediately; and (II) cancel any other valid visa or entry documentation that is in the pos- session of the alien. (c) Penalties Any person that violates, or attempts to vio- late, subsection (b) or any regulation, license, or Page 2236 TITLE 22—FOREIGN RELATIONS AND INTERCOURSE § 9424 2 So in original. Probably should be preceded by ‘‘Emergency’’. order issued pursuant to that subsection, shall be subject to the penalties set forth in sub- sections (b) and (c) of section 206 of the Inter- national Economic 2 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. (d) Waiver The President may waive the application of sanctions under this section with respect to a foreign person for renewable periods not to ex- ceed 180 days only if, not later than 15 days after the date on which the waiver is to take effect, the President submits to the appropriate con- gressional committees a written determination and justification that the waiver is in the vital national security interests of the United States. (e) Implementation 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 any amend- ments made by this section. (f) Regulations (1) In general The President shall, not later than 120 days after April 24, 2024, promulgate regulations as necessary for the implementation of this divi- sion and the amendments made by this divi- sion. (2) Notification to Congress Not less than 10 days before the promulga- tion of regulations under subsection (a), the President shall notify the appropriate congres- sional committees of the proposed regulations and the provisions of this division and the amendments made by this division that the regulations are implementing. (g) 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 this section shall not apply with respect to an alien if admitting or parol- ing the alien into the United States is nec- essary— (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 authorized law enforcement activity in the United States. (h) Termination of sanctions This section shall cease to be effective begin- ning on the date that is 30 days after the date on which the President certifies to the appropriate congressional committees that— (1) the Government of Iran no longer repeat- edly provides support for international ter- rorism as determined by the Secretary of State pursuant to— (A) section 4813(c)(1)(A) of title 50; (B) section 2371 of this title; (C) section 2780 of this title; or (D) any other provision of law; and (2) Iran has ceased the pursuit, acquisition, and development of, and verifiably dismantled its, nuclear, biological, and chemical weapons and ballistic missiles and ballistic missile launch technology. (Pub. L. 118–50, div. K, § 5, Apr. 24, 2024, 138 Stat. 972.) 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. The Immigration and Nationality Act, referred to in subsec. (b)(2)(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. This division, referred to in subsec. (f), is div. K of Pub. L. 118–50, Apr. 24, 2024, 138 Stat. 970, known as the Fight and Combat Rampant Iranian Missile Exports Act and also as the Fight CRIME Act, which enacted this chapter. Division K did not make any amend- ments. The National Security Act of 1947, referred to in sub- sec. (g)(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. Executive Documents DELEGATION OF FUNCTIONS Memorandum of President of the United States, § 2, Sept. 13, 2024, 89 F.R. 77757, provided: (a) I hereby delegate to the Secretary of State, in consultation with the Secretary of the Treasury, the functions and authorities vested in the President by sections 5(a)(1), 5(a)(2), 5(a)(3), and 5(a)(4) of the Fight and Combat Rampant Iranian Missile Exports Act (Di- vision K of Public Law 118–50) (the ‘‘Fight CRIME Act’’) [22 U.S.C. 9423(a)(1) to (4)]. (b) I hereby delegate to the Secretary of the Treas- ury, in consultation with the Secretary of State, the functions and authorities vested in the President by sections 5(a)(5), 5(a)(6), 5(e), and 5(f) of the Fight CRIME Act. (c) I hereby delegate to the Secretary of the Treasury the functions and authorities vested in the President by section 5(b)(1) of the Fight CRIME Act. (d) I hereby delegate to the Secretary of State the functions and authorities vested in the President by sections 5(d), 5(h), and 6(c) of the Fight CRIME Act. J.R. BIDEN, JR. § 9424. Definitions In this chapter: (1) Appropriate congressional committees The term ‘‘appropriate congressional com- mittees’’ means—

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

22 U.S.C. § 9423 — Sanctions to combat the proliferation of Iranian missiles

**(a) In general** The sanctions described in subsection (b) shall apply to any foreign person the President determines, on or after April 24, 2024— (1) knowingly engages in any effort to acquire, possess, develop, transport, transfer, or deploy covered technology to, from, or involving the Government of Iran or Iran-aligned entities, regardless of whether the restrictions set forth in Annex B to United Nations Security Council Resolution 2231 (2015) remain in effect after October 2023; (2) knowingly provides entities owned or controlled by the Government of Iran or Iran-aligned entities with goods, technology, parts, or components, that may contribute to the development of covered technology; (3) knowingly participates in joint missile or drone development, including development of covered technology, with the Government of Iran or Iran-aligned entities, including technical training, storage, and transport; (4) knowingly imports, exports, or re-exports to, into, or from Iran, whether directly or indirectly, any significant arms or related materiel prohibited under paragraph (5) or (6) to Annex B of United Nations Security Council Resolution 2231 (2015) as of April 1, 2023; (5) knowingly provides significant financial, material, or technological support to, or knowingly engages in a significant transaction with, a foreign person subject to sanctions for conduct described in paragraph (1), (2), (3), or (4); or (6) is an adult family member of a person subject to sanctions for conduct described in paragraph (1), (2), (3), or (4). **(b) Sanctions described** The sanctions described in this subsection are the following: (1) **Blocking of property** — The President shall exercise all authorities granted under the International Emergency Economic Powers Act ([50 U.S.C

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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. § 1702 — Presidential authorities

**(a) In general** (1) At the times and to the extent specified in [section 1701 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title50-section1701&num=0&edition=prelim), the President may, under such regulations as he may prescribe, by means of instructions, licenses, or otherwise— (A) investigate, regulate, or prohibit— (i) any transactions in foreign exchange, (ii) transfers of credit or payments between, by, through, or to any banking institution, to the extent that such transfers or payments involve any interest of any foreign country or a national thereof, (iii) the importing or exporting of currency or securities, by any person, or with respect to any property, subject to the jurisdiction of the United States; (B) investigate, block during the pendency of an investigation, regulate, direct and compel, nullify, void, prevent or prohibit, any acquisition, holding, withholding, use, transfer, withdrawal, transportation, importation or exportation of, or dealing in, or exercising any right, power, or privilege with respect to, or transactions involving, any property in which any foreign country or a national thereof has any interest by any person, or with respect to any property, subject to the jurisdiction of the United States; and.11 So in original. The period probably should not appear. (C) when the United States is engaged in armed hostilities or has been attacked by a foreign country or foreign nationals, confiscate any property, subject to the jurisdiction of the United States, of any foreign person, foreign organization, or foreign country that he determines has planned, authorized, aided, or engaged in such hostilities or attacks against the United States; and all right, title, and interest in any prop

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

50 U.S.C. § 1702 — Presidential authorities

Page 224 TITLE 50—WAR AND NATIONAL DEFENSE § 1702 1 So in original. The period probably should not appear. Notice of President of the United States, dated June 24, 2008, 73 F.R. 36255. Notice of President of the United States, dated June 22, 2007, 72 F.R. 34981. Notice of President of the United States, dated June 22, 2006, 71 F.R. 36183. Notice of President of the United States, dated June 23, 2005, 70 F.R. 36803. Notice of President of the United States, dated June 24, 2004, 69 F.R. 36005. Notice of President of the United States, dated June 20, 2003, 68 F.R. 37389. Notice of President of the United States, dated June 21, 2002, 67 F.R. 42703. Ex. Ord. No. 13304, May 28, 2003, 68 F.R. 32315. Ex. Ord. No. 14033, June 8, 2021, 86 F.R. 31079. YEMEN Ex. Ord. No. 13611, May 16, 2012, 77 F.R. 29533. Continuations of national emergency declared by Ex. Ord. No. 13611 were contained in the following: Notice of President of the United States, dated May 14, 2024, 89 F.R. 42765. Notice of President of the United States, dated May 11, 2023, 88 F.R. 31141. Notice of President of the United States, dated May 9, 2022, 87 F.R. 29023. Notice of President of the United States, dated May 11, 2021, 86 F.R. 26341. Notice of President of the United States, dated May 7, 2020, 85 F.R. 27643. Notice of President of the United States, dated May 13, 2019, 84 F.R. 22047. Notice of President of the United States, dated May 14, 2018, 83 F.R. 22585. Notice of President of the United States, dated May 8, 2017, 82 F.R. 21905. Notice of President of the United States, dated May 12, 2016, 81 F.R. 30155. Notice of President of the United States, dated May 13, 2015, 80 F.R. 27851. Notice of President of the United States, dated May 12, 2014, 79 F.R. 27477. Notice of

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

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

50 U.S.C. § 3091 — Authorization of appropriations

There are authorized to be appropriated such sums as may be necessary and appropriate to carry out the provisions and purposes of this chapter (other than the provisions and purposes of sections 3023, 3025, 3035, 3038 of this title and subchapters III, IV, and V).

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

50 U.S.C. § 3091 — General congressional oversight provi-

Page 665 TITLE 50—WAR AND NATIONAL DEFENSE § 3091 mained a part of it or whether all other traces of the title were eliminated completely so that section 411 was effectively absorbed into title III. The subsequent renumbering of section 411 of the Act as section 312 by Pub. L. 116–92 suggests that this section should be con- sidered within title III (as shown in the credit above), although there has been no explicit amendment renum- bering the title of the Act containing it. Section was classified to section 3006 of this title prior to renumbering by Pub. L. 116–92. Section was formerly classified to section 412 of this title prior to editorial reclassification and renumbering as section 3006, and to section 172j of former Title 5 prior to the general revision and enactment of Title 5, Government Organization and Employees, by Pub. L. 89–554, § 1, Sept. 6, 1966, 80 Stat. 378. § 3079. Insider threat policy compliance and re- porting The head of each element of the intelligence community shall— (1) implement the policy established in ac- cordance with section 3024(f)(8) of this title; and (2) concurrent with the submission to Con- gress of budget justification materials in sup- port of the budget of the President for a fiscal year that is submitted to Congress under sec- tion 1105(a) of title 31, submit to Congress a certification as to whether the element is in compliance with such policy. (July 26, 1947, ch. 343, title III, § 313, as added Pub. L. 117–263, div. F, title LXIII, § 6314(b), Dec. 23, 2022, 136 Stat. 3511.) SUBCHAPTER III—ACCOUNTABILITY FOR INTELLIGENCE ACTIVITIES § 3091. General congressional oversight provi- sions (a) Reports to congressional committees of intel- ligence activities and anticipated activities (1) The President sh

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

8 U.S.C. § 1101 — Definitions

**(a)** As used in this chapter— (1) The term “administrator” means the official designated by the Secretary of State pursuant to [section 1104(b) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title8-section1104/b&num=0&edition=prelim). (2) The term “advocates” includes, but is not limited to, advises, recommends, furthers by overt act, and admits belief in. (3) The term “alien” means any person not a citizen or national of the United States. (4) The term “application for admission” has reference to the application for admission into the United States and not to the application for the issuance of an immigrant or nonimmigrant visa. (5) The term “Attorney General” means the Attorney General of the United States. (6) The term “border crossing identification card” means a document of identity bearing that designation issued to an alien who is lawfully admitted for permanent residence, or to an alien who is a resident in foreign contiguous territory, by a consular officer or an immigration officer for the purpose of crossing over the borders between the United States and foreign contiguous territory in accordance with such conditions for its issuance and use as may be prescribed by regulations. Such regulations shall provide that (A) each such document include a biometric identifier (such as the fingerprint or handprint of the alien) that is machine readable and (B) an alien presenting a border crossing identification card is not permitted to cross over the border into the United States unless the biometric identifier contained on the card matches the appropriate biometric characteristic of the alien. (7) The term “clerk of court” means a clerk of a naturalization court. (8) The terms “Commissioner” and “Deputy Commissioner” mean the Co

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