22 U.S.C. § 8743 — Identification of, and imposition of meas-

Page 2129 TITLE 22—FOREIGN RELATIONS AND INTERCOURSE § 8743 (c) Termination The President may terminate a sanction im- posed with respect to a foreign person pursuant to subsection (b) if the President determines that the person— (1) no longer engages in the activity for which the sanction was imposed; and (2) has provided assurances to the President that the person will not engage in any activity described in subsection (a)(1) in the future. (d) Waiver of imposition of sanctions (1) In general The President may waive the imposition of sanctions under subsection (b) with respect to a foreign person if the President— (A)(i) determines that the person has ceased the activity for which sanctions would otherwise be imposed and has taken measures to prevent a recurrence of the ac- tivity; or (ii) determines that it is essential to the national security interests of the United States to do so; and (B) submits to the appropriate congres- sional committees a report that— (i) identifies the foreign person with re- spect to which the waiver applies; (ii) describes the activity that would otherwise subject the foreign person to the imposition of sanctions under subsection (b); and (iii) sets forth the reasons for the deter- mination. (2) Form of report A report submitted under paragraph (1)(B) shall be submitted in unclassified form but may contain a classified annex. (e) Waiver of identifications and designations Notwithstanding any other provision of this subchapter and subject to paragraph (2), the President shall not be required to make any identification of a foreign person under sub- section (a) or any identification or designation of a foreign person under section 8741(a) of this title if the President— (1) determines that doing so would cause damage to the national security of the United States; and (2) notifies the appropriate congressional committees of the exercise of the authority provided under this subsection. (f) Application of provisions of Iran Sanctions Act of 1996 The following provisions of the Iran Sanctions Act of 1996, as amended by this Act, apply with respect to the imposition under subsection (b)(1) of sanctions relating to activities described in subsection (a)(1) to the same extent that such provisions apply with respect to the imposition of sanctions under section 5(a) of the Iran Sanc- tions Act of 1996: (1) Subsections (c) and (e) of section 4. (2) Subsections (c), (d), and (f) of section 5. (3) Section 8. (4) Section 9. (5) Section 11. (6) Section 12. (7) Subsection (b) of section 13. (8) Section 14. (Pub. L. 112–158, title III, § 302, Aug. 10, 2012, 126 Stat. 1243.) TERMINATION OF SECTION For termination of section, see section 8785(a) of this title. Editorial Notes REFERENCES IN TEXT The International Emergency Economic Powers Act, referred to in subsecs. (a)(1)(A), (B)(i) and (b)(2), 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 classifica- tion of this Act to the Code, see Short Title note set out under section 1701 of Title 50 and Tables. Section 8513(c) of this title, as added by section 312, referred to in subsec. (a)(1)(B)(ii), means section 8513(c) of this title, as added by section 312 of Pub. L. 112–158. The Iran Sanctions Act of 1996, referred to in subsecs. (b)(1) and (f), is Pub. L. 104–172, Aug. 5, 1996, 110 Stat. 1541, which is set out as a note under section 1701 of Title 50, War and National Defense. Section 6(a) of the Act, as amended by section 204, is section 6(a) of Pub. L. 104–172, as amended by section 204 of Pub. L. 112–158. This Act, referred to in subsec. (f), is Pub. L. 112–158, Aug. 10, 2012, 126 Stat. 1214, known as the Iran Threat Reduction and Syria Human Rights Act of 2012, which is classified principally to this chapter. For complete classification of this Act to the Code, see Short Title note set out under section 8701 of this title and Tables. § 8743. Identification of, and imposition of meas- ures with respect to, foreign government agencies carrying out activities or trans- actions with certain Iran-affiliated persons (a) Identification (1) In general Not later than 120 days after August 10, 2012, and every 180 days thereafter, the President shall submit to the appropriate congressional committees a report that identifies each agen- cy of the government of a foreign country (other than Iran) that the President deter- mines knowingly and materially assisted, sponsored, or provided financial, material, or technological support for, or goods or services in support of, or knowingly and materially en- gaged in a significant transaction with, any person described in paragraph (2). (2) Person described A person described in this paragraph is— (A) a foreign person that is an official, agent, or affiliate of Iran’s Revolutionary Guard Corps that is designated for the impo- sition of sanctions pursuant to the Inter- national Emergency Economic Powers Act (50 U.S.C. 1701 et seq.); (B) a foreign person that is designated and subject to financial sanctions pursuant to— (i) the Annex of United Nations Security Council Resolution 1737 (2006); (ii) Annex I of United Nations Security Council Resolution 1747 (2007); (iii) Annex I, II, or III of United Nations Security Council Resolution 1803 (2008); (iv) Annex I, II, or III of United Nations Security Council Resolution 1929 (2010); or (v) any subsequent and related United Nations Security Council resolution, or Page 2130 TITLE 22—FOREIGN RELATIONS AND INTERCOURSE § 8743 1 So in original. Probably should be ‘‘2362’’. any annex thereto, that imposes new sanc- tions with respect to Iran or modifies ex- isting sanctions with respect to Iran; or (C) a foreign person that the agency knows is acting on behalf of or at the direction of, or owned or controlled by, a person de- scribed in subparagraph (A) or (B). (3) Form of report Each report submitted under paragraph (1) shall be submitted in unclassified form but may contain a classified annex. (b) Imposition of measures (1) In general The President may impose any of the fol- lowing measures with respect to an agency identified pursuant to subsection (a) if the President determines that the assistance, ex- ports, or other support to be prohibited by rea- son of the imposition of the measures have contributed and would otherwise directly or indirectly contribute to the agency’s capa- bility to continue the activities or trans- actions for which the agency has been identi- fied pursuant to subsection (a): (A) No assistance may be provided to the agency under the Foreign Assistance Act of 1961 (22 U.S.C. 2151 et seq.) or the Arms Ex- port Control Act (22 U.S.C. 2751 et seq.) other than humanitarian assistance or the provi- sion of food or other agricultural commod- ities. (B) No sales of any defense articles, de- fense services, or design and construction services under the Arms Export Control Act (22 U.S.C. 2751 et seq.) may be made to the agency. (C) No licenses for export of any item on the United States Munitions List that in- clude the agency as a party to the license may be granted. (D) No exports may be permitted to the agency of any goods or technologies con- trolled for national security reasons under the Export Administration Regulations, ex- cept that such prohibition shall not apply to any transaction subject to the reporting re- quirements of title V of the National Secu- rity Act of 1947 ([50 U.S.C. 3091 et seq.]; relat- ing to congressional oversight of intel- ligence activities). (E) The United States shall oppose any loan or financial or technical assistance to the agency by international financial insti- tutions in accordance with section 262d of this title. (F) The United States shall deny to the agency any credit or financial assistance by any department, agency, or instrumentality of the United States Government, except that this paragraph shall not apply— (i) to any transaction subject to the re- porting requirements of title V of the Na- tional Security Act of 1947 ([50 U.S.C. 3091 et seq.]; relating to congressional over- sight of intelligence activities); (ii) to the provision of medicines, med- ical equipment, and humanitarian assist- ance; or (iii) to any credit, credit guarantee, or financial assistance provided by the De- partment of Agriculture to support the purchase of food or other agricultural commodities. (G) Additional restrictions as may be im- posed pursuant to the International Emer- gency Economic Powers Act (50 U.S.C. 1701 et seq.). (2) Rule of construction Nothing in this subsection shall be con- strued to impose measures with respect to pro- grams under section 1501 of the National De- fense Authorization Act for Fiscal Year 1997 (50 U.S.C. 2632 1 note) and programs under the Atomic Energy Defense Act (50 U.S.C. 2501 et seq.). (c) Termination The President may terminate any measures imposed with respect to an agency pursuant to subsection (b) if the President determines and notifies the appropriate congressional commit- tees that— (1)(A) a person described in subparagraph (A) or (B) of subsection (a)(2) with respect to which the agency is carrying out activities or transactions is no longer designated pursuant to subparagraph (A) or (B) of subsection (a)(2); or (B) any person described in subparagraph (C) of subsection (a)(2) with respect to which the agency is carrying out activities or trans- actions is no longer acting on behalf of or at the direction of, or owned or controlled by, any person described in subparagraph (A) or (B) of subsection (a)(2); (2) the agency is no longer carrying out ac- tivities or transactions for which the meas- ures were imposed and has provided assur- ances to the United States Government that the agency will not carry out the activities or transactions in the future; or (3) it is essential to the national security in- terest of the United States to terminate such measures. (d) Waiver If the President does not impose one or more measures described in subsection (b) with re- spect to an agency identified in the report re- quired by subsection (a), the President shall in- clude in the subsequent report an explanation as to why the President did not impose such meas- ures. (e) Definition In this section, the term ‘‘appropriate congres- sional committees’’ means— (1) the Committee on Foreign Relations, the Committee on Appropriations, the Committee on Armed Services, the Committee on Bank- ing, Housing, and Urban Affairs, the Com- mittee on Finance, and the Select Committee on Intelligence of the Senate; and (2) the Committee on Foreign Affairs, the Committee on Appropriations, the Committee on Armed Services, the Committee on Finan- cial Services, the Committee on Ways and Means, and the Permanent Select Committee on Intelligence of the House of Representa- tives. Page 2131 TITLE 22—FOREIGN RELATIONS AND INTERCOURSE § 8752 (f) Effective date This section shall take effect on August 10, 2012, and apply with respect to activities and transactions described in subsection (a) that are carried out on or after the later of— (1) the date that is 45 days after August 10, 2012; or (2) the date that is 45 days after a person is designated as described in subparagraph (A) or (B) of subsection (a)(2). (Pub. L. 112–158, title III, § 303, Aug. 10, 2012, 126 Stat. 1245.) TERMINATION OF SECTION For termination of section, see section 8785(a) of this title. Editorial Notes REFERENCES IN TEXT The International Emergency Economic Powers Act, referred to in subsecs. (a)(2)(A) and (b)(1)(G), 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 classifica- tion of this Act to the Code, see Short Title note set out under section 1701 of Title 50 and Tables. The Foreign Assistance Act of 1961, referred to in sub- sec. (b)(1)(A), is Pub. L. 87–195, Sept. 4, 1961, 75 Stat. 424, which is classified principally to chapter 32 (§ 2151 et seq.) of this title. For complete classification of this Act to the Code, see Short Title note set out under sec- tion 2151 of this title and Tables. The Arms Export Control Act, referred to in subsec. (b)(1)(A), (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 National Security Act of 1947, referred to in sub- sec. (b)(1)(D), (F)(i), is act July 26, 1947, ch. 343, 61 Stat. 495, which was formerly classified principally to chap- ter 15 (§ 401 et seq.) of Title 50, War and National De- fense, prior to editorial reclassification in chapter 44 (§ 3001 et seq.) of Title 50. Title V of the Act is now clas- sified generally to subchapter III (§ 3091 et seq.) of chap- ter 44 of Title 50. For complete classification of this Act to the Code, see Tables. Section 1501 of the National Defense Authorization Act for Fiscal Year 1997, referred to in subsec. (b)(2), is section 1501 of Pub. L. 104–201, which was formerly set out as a note under section 2362 of Title 50, War and Na- tional Defense, and was repealed by Pub. L. 113–291, div. A, title XIII, § 1351(5), Dec. 19, 2014, 128 Stat. 3607. The Atomic Energy Defense Act, referred to in sub- sec. (b)(2), is div. D of Pub. L. 107–314, as added Pub. L. 108–136, div. C, title XXXI, § 3141(b), Nov. 24, 2003, 117 Stat. 1753, which is classified generally to chapter 42 (§ 2501 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 2501 of Title 50 and Tables. § 8744. Rule of construction Nothing in this subchapter shall be construed to limit the authority of the President to des- ignate foreign persons for the imposition of sanctions pursuant to the International Emer- gency Economic Powers Act (50 U.S.C. 1701 et seq.). (Pub. L. 112–158, title III, § 304, Aug. 10, 2012, 126 Stat. 1247.) TERMINATION OF SECTION For termination of section, see section 8785(a) of this title. Editorial Notes REFERENCES IN TEXT The International Emergency Economic Powers Act, referred to in text, is title II of Pub. L. 95–223, Dec. 28, 1977, 91 Stat. 1626, which is classified generally to chap- ter 35 (§ 1701 et seq.) of Title 50, War and National De- fense. For complete classification of this Act to the Code, see Short Title note set out under section 1701 of Title 50 and Tables. SUBCHAPTER IV—MEASURES TO PROMOTE HUMAN RIGHTS § 8751. Codification of sanctions with respect to grave human rights abuses by the Govern- ments of Iran and Syria using information technology United States sanctions with respect to Iran and Syria provided for in Executive Order No. 13606 (77 Fed. Reg. 24571), as in effect on the day before August 10, 2012, shall remain in effect— (1) with respect to Iran, until the date that is 30 days after the date on which the Presi- dent submits to Congress the certification de- scribed in section 8551(a) of this title; and (2) with respect to Syria, until the date on which the provisions of and sanctions imposed pursuant to subchapter VII terminate pursu- ant to section 8795 of this title. (Pub. L. 112–158, title IV, § 411, Aug. 10, 2012, 126 Stat. 1255.) Editorial Notes REFERENCES IN TEXT Executive Order No. 13606, referred to in text, is listed in tables under section 1701 of Title 50, War and Na- tional Defense. Subchapter VII, referred to in par. (2), was in the original a reference to title VII of Pub. L. 112–158, which enacted subchapter VII of this chapter and provi- sions set out as a note under section 8701 of this title. § 8752. Clarification of sensitive technologies for purposes of procurement ban under Com- prehensive Iran Sanctions, Accountability, and Divestment Act of 2010 The Secretary of State shall— (1) not later than 90 days after August 10, 2012, issue guidelines to further describe the technologies that may be considered ‘‘sen- sitive technology’’ for purposes of section 106 of the Comprehensive Iran Sanctions, Ac- countability, and Divestment Act of 2010 (22 U.S.C. 8515), with special attention to new forms of sophisticated jamming, monitoring, and surveillance technology relating to mobile telecommunications and the Internet, and publish those guidelines in the Federal Reg- ister; (2) determine the types of technologies that enable any indigenous capabilities that Iran has to disrupt and monitor information and communications in that country, and consider adding descriptions of those items to the guidelines; and (3) periodically review, but in no case less than once each year, the guidelines and, if necessary, amend the guidelines on the basis of technological developments and new infor- mation regarding transfers of technologies to