22 U.S.C. § 287c — Economic and communication sanctions

Page 219 TITLE 22—FOREIGN RELATIONS AND INTERCOURSE § 287c fice of Management and Budget shall submit to Congress a report on all assessed and voluntary contributions with a value greater than $100,000, including in-kind, of the United States Govern- ment to the United Nations and its affiliated agencies and related bodies during the previous fiscal year. (b) Content The report required under subsection (a) shall include the following elements: (1) The total amount of all assessed and vol- untary contributions, including in-kind, of the United States Government to the United Na- tions and its affiliated agencies and related bodies during the previous fiscal year. (2) The approximate percentage of United States Government contributions to each United Nations affiliated agency or body in such fiscal year when compared with all con- tributions to each such agency or body from any source in such fiscal year. (3) For each such United States Government contribution— (A) the amount of each such contribution; (B) a description of each such contribution (including whether assessed or voluntary); (C) the department or agency of the United States Government responsible for each such contribution; (D) the purpose of each such contribution; and (E) the United Nations or its affiliated agency or related body receiving the con- tribution. (c) Scope of initial report The first report required under subsection (a) shall include the information required under this section for the previous 3 fiscal years. (d) Public availability of information Not later than 14 days after submitting a re- port required under subsection (a), the Director of the Office of Management and Budget shall post a public version of such report on a text- based, searchable, and publicly available Inter- net Web site. (Pub. L. 114–323, title III, § 312, Dec. 16, 2016, 130 Stat. 1925.) Editorial Notes CODIFICATION Section was enacted as part of the Department of State Authorities Act, Fiscal Year 2017, and not as part of act Dec. 20, 1945, ch. 583, 59 Stat. 619, known as the United Nations Participation Act of 1945, which com- prises this subchapter. § 287c. Economic and communication sanctions pursuant to United Nations Security Council Resolution (a) Enforcement measures; importation of Rho- desian chromium Notwithstanding the provisions of any other law, whenever the United States is called upon by the Security Council to apply measures which said Council has decided, pursuant to ar- ticle 41 of said Charter, are to be employed to give effect to its decisions under said Charter, the President may, to the extent necessary to apply such measures, through any agency which he may designate, and under such orders, rules, and regulations as may be prescribed by him, in- vestigate, regulate, or prohibit, in whole or in part, economic relations or rail, sea, air, postal, telegraphic, radio, and other means of commu- nication between any foreign country or any na- tional thereof or any person therein and the United States or any person subject to the juris- diction thereof, or involving any property sub- ject to the jurisdiction of the United States. Any Executive order which is issued under this subsection and which applies measures against Southern Rhodesia pursuant to any United Na- tions Security Council Resolution may be en- forced, notwithstanding the provisions of any other law. The President may exempt from such Executive order any shipment of chromium in any form which is in transit to the United States on March 18, 1977. (b) Penalties Any person who willfully violates or evades or attempts to violate or evade any order, rule, or regulation issued by the President pursuant to subsection (a) of this section shall, upon convic- tion, be fined not more than $1,000,000 or, if a natural person, be imprisoned for not more than 20 years, or both. (c) Steel mill products containing chromium; cer- tificate of origin; regulations; subpenas; cer- tificate exemption; release from customs cus- tody; definitions (1) During the period in which measures are applied against Southern Rhodesia under sub- section (a) pursuant to any United Nations Se- curity Council Resolution, a shipment of any steel mill product (as such product may be de- fined by the Secretary) containing chromium in any form may not be released from customs cus- tody for entry into the United States if— (A) a certificate of origin with respect to such shipment has not been filed with the Sec- retary; or (B) in the case of a shipment with respect to which a certificate of origin has been filed with the Secretary, the Secretary determines that the information contained in such certifi- cate does not adequately establish that the steel mill product in such shipment does not contain chromium in any form which is of Southern Rhodesian origin; unless such release is authorized by the Sec- retary under paragraph (3)(B) or (C). (2) The Secretary shall prescribe regulations for carrying out this subsection. (3)(A) In carrying out this subsection, the Sec- retary may issue subpenas requiring the attend- ance and testimony of witnesses and the produc- tion of evidence. Any such subpena may, upon application by the Secretary, be enforced in a civil action in an appropriate United States dis- trict court. (B) The Secretary may exempt from the cer- tification requirements of this subsection any shipment of a steel mill product containing chromium in any form which is in transit to the United States on March 18, 1977. (C) Under such circumstances as he deems ap- propriate, the Secretary may release from cus- Page 220 TITLE 22—FOREIGN RELATIONS AND INTERCOURSE § 287c toms custody for entry into the United States, under such bond as he may require, any ship- ment of a steel mill product containing chro- mium in any form. (4) As used in this subsection— (A) the term ‘‘certificate of origin’’ means such certificate as the Secretary may require, with respect to a shipment of any steel mill product containing chromium in any form, issued by the government (or by a designee of such government if the Secretary is satisfied that such designee is the highest available cer- tifying authority) of the country in which such steel mill product was produced certi- fying that the steel mill product in such ship- ment contains no chromium in any form which is of Southern Rhodesian origin; and (B) the term ‘‘Secretary’’ means the Sec- retary of the Treasury. (Dec. 20, 1945, ch. 583, § 5, 59 Stat. 620; Oct. 10, 1949, ch. 660, § 3, 63 Stat. 735; Pub. L. 95–12, § 1, Mar. 18, 1977, 91 Stat. 22; Pub. L. 111–195, title I, § 107(a)(1), July 1, 2010, 124 Stat. 1337.) Editorial Notes REFERENCES IN TEXT Article 41 of said Charter, referred to in subsec. (a), is an article of the United Nations Charter. AMENDMENTS 2010—Subsec. (b). Pub. L. 111–195 substituted ‘‘fined not more than $1,000,000’’ for ‘‘find not more than $10,000’’ and ‘‘20 years, or both.’’ for ‘‘ten years, or both; and the officer, director, or agent of any corporation who knowingly participates in such violation or eva- sion shall be punished by a like fine, imprisonment, or both, and any property, funds, securities, papers, or other articles or documents, or any vessel, together with her tackle, apparel, furniture, and equipment, or vehicle, or aircraft, concerned in such violation shall be forfeited to the United States.’’ 1977—Subsec. (a). Pub. L. 95–12, § 1(1), inserted provi- sion permitting enforcement of any Executive order, issued under this subsection, applying measures against Southern Rhodesia and permitting Presidential exemption from that Executive order of any shipment of chromium in transit to the United States on Mar. 18, 1977. Subsec. (c). Pub. L. 95–12, § 1(2), added subsec. (c). 1949—Subsec. (b). Act Oct. 10, 1949, made aircraft sub- ject to forfeiture. Statutory Notes and Related Subsidiaries IMPORTATION OF STRATEGIC AND CRITICAL MATERIALS FROM ZIMBABWE-RHODESIA Pub. L. 96–107, title VIII, § 818, Nov. 9, 1979, 93 Stat. 818, provided that: ‘‘It is the sense of the Congress that the United States should have unlimited access to stra- tegic and critical materials which are vital to the de- fense and security of the United States and that every effort should be made to remove artificial impediments against the importation of such materials into the United States from Zimbabwe-Rhodesia.’’ SANCTIONS AGAINST ZIMBABWE-RHODESIA; REPORT TO CONGRESS Pub. L. 96–60, title IV, § 408, Aug. 15, 1979, 93 Stat. 405, provided for termination of sanctions against Zimbabwe-Rhodesia by Nov. 15, 1979, unless the Presi- dent determined and reported to Congress that termi- nation of sanctions would not be in the national inter- est, with provision authorizing Congress to reject such Presidential determination, prior to repeal by Pub. L. 97–241, title V, § 505(a)(1), Aug. 24, 1982, 96 Stat. 298. DETERMINATIONS RESPECTING FUTURE ENFORCEMENT OF SANCTIONS AGAINST RHODESIA Pub. L. 95–384, § 27, Sept. 26, 1978, 92 Stat. 746, which related to enforcement of sanctions against Rhodesia, was repealed by Pub. L. 97–113, title VII, § 734(a)(12), Dec. 29, 1981, 95 Stat. 1560. SUSPENSION OF AMENDMENT OPERATION BY PRESIDENT; REPORT TO CONGRESS Pub. L. 95–12, § 2, Mar. 18, 1977, 91 Stat. 23, provided that: ‘‘(a) Upon the enactment of this Act [Mar. 18, 1977], the President may suspend the operation of the amend- ments contained in this Act [amending this section] if he determines that such suspension would encourage meaningful negotiations and further the peaceful transfer of governing power from minority rule to ma- jority rule in Southern Rhodesia. Such suspension shall remain in effect for such duration as deemed necessary by the President. ‘‘(b) If the President suspends the operation of the amendments contained in this Act [amending this sec- tion], he shall so report to the Congress. In addition, the President shall report to the Congress when he ter- minates such suspension. ‘‘(c) If the President suspends the operation of the amendments contained in this Act [amending this sec- tion], any reference in those amendments to date of en- actment [Mar. 18, 1977] shall be deemed to be a ref- erence to the date on which such suspension is termi- nated by the President.’’ Executive Documents EXECUTIVE ORDER NO. 11322 Ex. Ord. No. 11322, Jan. 5, 1967, 32 F.R. 119, which re- lated to transactions involving Southern Rhodesia, was revoked by Ex. Ord. No. 12183, Dec. 16, 1979, 44 F.R. 74787, set out below. EXECUTIVE ORDER NO. 11419 Ex. Ord. No. 11419, July 29, 1968, 33 F.R. 10837, which related to trade and other transactions involving Southern Rhodesia, was revoked by Ex. Ord. No. 12183, Dec. 16, 1979, 44 F.R. 74787, set out below. EX. ORD. NO. 12183. REVOKING RHODESIAN SANCTIONS Ex. Ord. No. 12183, Dec. 16, 1979, 44 F.R. 74787, pro- vided: By the authority vested in me as President by the Constitution and statutes of the United States of America, including Section 5 of the United Nations Participation Act of 1945, as amended (22 U.S.C. 287c), and in order to terminate current limitations relating to trade and other transactions involving Zimbabwe- Rhodesia, it is hereby ordered as follows: 1–101. (a) Subject to the provisions of this order, the following are hereby revoked with respect to trans- actions occurring after the effective date of this order: (1) Executive Order 11322 of January 5, 1967 (32 F.R. 119); (2) Executive Order 11419 of July 29, 1968 (33 F.R. 10837); and (3) Executive Order 11978 of March 18, 1977 (42 F.R. 15403). (b) To the extent consistent with this order, all deter- minations, authorizations, regulations, rulings, certifi- cates, orders, directives, licenses, contracts, agree- ments, and other actions made, issued, taken, or en- tered into under the provisions of such Executive or- ders and not previously revoked, superseded, or other- wise made inapplicable, shall continue in full force and effect until amended, modified, or terminated by appro- priate authority. 1–102. (a) The Secretaries of State, the Treasury, Commerce, and Transportation, and the heads of other government agencies, shall retain the authority and re- sponsibility for the enforcement of Executive Orders Page 221 TITLE 22—FOREIGN RELATIONS AND INTERCOURSE § 287d 11322, 11419, and 11978 with respect to transactions oc- curring prior to the effective date of this order. (b) The revocation, in Section 1–101 of this order, of such prior Executive orders shall not affect: (1) any act done or omitted to be done or any suit or proceeding finished or started in civil or criminal cases prior to the revocation, but all such liabilities, pen- alties, and forfeitures under the Executive orders shall continue and may be enforced in the same manner as if the revocation had not been made; or (2) any violation of any rules, regulations, orders, li- censes, or other forms of administrative action under those revoked orders during the periods those orders were in effect. 1–103. (a) The Secretaries of State, the Treasury, Commerce, and Transportation, and the heads of other government agencies, shall take the appropriate meas- ures to implement this order. (b) In carrying out their respective functions and re- sponsibilities under this order, the Secretaries of the Treasury, Commerce, and Transportation, and the heads of other government agencies, shall, as appro- priate, consult with the Secretary of State. Each such Secretary and agency head and the Secretary of State shall also consult with other government agencies and private persons, as appropriate. JIMMY CARTER. EX. ORD. NO. 12918. PROHIBITING CERTAIN TRANSACTIONS WITH RESPECT TO RWANDA AND DELEGATING AUTHOR- ITY WITH RESPECT TO OTHER UNITED NATIONS ARMS EMBARGOES Ex. Ord. No. 12918, May 26, 1994, 59 F.R. 28205, pro- vided: By the authority vested in me as President by the Constitution and the laws of the United States of America, including section 5 of the United Nations Par- ticipation Act of 1945, as amended (22 U.S.C. 287c), the Export Administration Act of 1979, as amended (50 U.S.C. App. 2401 et seq.) [now 50 U.S.C. 4601 et seq.], the Arms Export Control Act (22 U.S.C. 2751 et seq.), and section 301 of title 3, United States Code, and in view of United Nations Security Council Resolution 918 of May 17, 1994, it is hereby ordered as follows: SECTION 1. Arms Embargo. The following activities are prohibited, notwithstanding the existence of any rights or obligations conferred or imposed by any inter- national agreement or any contract entered into or any license or permit granted before the effective date of this order, except to the extent provided in regulations, orders, directives, or licenses that may hereafter be issued pursuant to this order: (a) The sale or supply to Rwanda from the territory of the United States by any person, or by any United States person in any foreign country or other location, or using any U.S.-registered vessel or aircraft, of arms and related materiel of all types, including weapons and ammunition, military ve- hicles and equipment, paramilitary police equipment, and spare parts for the aforementioned, irrespective of origin. This prohibition does not apply to activities re- lated to the United Nations Assistance Mission for Rwanda or the United Nations Observer Mission Ugan- da-Rwanda or other entities permitted to have such items by the United Nations Security Council; and (b) Any willful evasion or attempt to violate or evade any of the prohibitions set forth in this order, by any person. SEC. 2. Definitions. For purposes of this order, the term: (a) ‘‘Person’’ means a natural person as well as a corporation, business association, partnership, society, trust, or any other entity, organization or group, in- cluding governmental entities; and (b) ‘‘United States person’’ means any citizen or na- tional of the United States, any lawful permanent resi- dent of the United States, or any corporation, business association, partnership, society, trust, or any other entity, organization or group, including governmental entities, organized under the laws of the United States (including foreign branches). SEC. 3. Responsibilities. The functions and responsibil- ities for the enforcement of the foregoing prohibitions are delegated as follows: (a) The Secretary of State is hereby authorized to take such actions, including the promulgation of rules and regulations, and to employ all powers granted to the President by section 5 of the United Nations Participation Act [of 1945] [22 U.S.C. 287c] and other authorities available to the Secretary of State, as may be necessary to carry out the purpose of this order, relating to arms and related materiel of a type enumerated on the United States Munitions List (22 C.F.R. Part 121). The Secretary of State may redele- gate any of these functions to other officers and agen- cies of the United States Government; and (b) The Secretary of Commerce, in consultation with the Secretary of State, is hereby authorized to take such actions, including the promulgation of rules and regulations, and to employ all powers granted to the President by section 5 of the United Nations Participa- tion Act [of 1945] and other authorities available to the Secretary of Commerce, as may be necessary to carry out the purpose of this order, relating to arms and re- lated materiel identified in the Export Administration Regulations (15 C.F.R. Parts 730–799). The Secretary of Commerce may redelegate any of these functions to other officers and agencies of the United States Gov- ernment. SEC. 4. Authorization. All agencies of the United States Government are hereby directed to take all ap- propriate measures within their authority to carry out the provisions of this order, including suspension or termination of licenses or other authorizations in ef- fect as of the date of this order. SEC. 5. Delegation of Authority. The Secretary of State and the Secretary of Commerce in consultation with the Secretary of State are hereby authorized to pro- mulgate rules and regulations, and to employ all pow- ers granted to the President by section 5 of the United Nations Participation Act [of 1945] [22 U.S.C. 287c] and not otherwise delegated by Executive order, as may be necessary to carry out the purpose of implementing any other arms embargo mandated by resolution of the United Nations Security Council, consistent with the allocation of functions delegated under section 3 of this order. The Secretary of State or the Secretary of Com- merce may redelegate any of these functions to other officers and agencies of the United States Government. SEC. 6. Judicial Review. Nothing contained in this order shall create any right or benefit, substantive or procedural, enforceable by any party against the United States, its agencies or instrumentalities, its of- ficers or employees, or any other person. SEC. 7. Effective Date. This order shall take effect at 11:59 p.m. eastern daylight time on May 26, 1994. WILLIAM J. CLINTON. § 287d. Use of armed forces; limitations The President is authorized to negotiate a spe- cial agreement or agreements with the Security Council which shall be subject to the approval of the Congress by appropriate Act or joint resolu- tion, providing for the numbers and types of armed forces, their degree of readiness and gen- eral location, and the nature of facilities and as- sistance, including rights of passage, to be made available to the Security Council on its call for the purpose of maintaining international peace and security in accordance with article 43 of said Charter. The President shall not be deemed to require the authorization of the Congress to make available to the Security Council on its call in order to take action under article 42 of said Charter and pursuant to such special agree- ment or agreements the armed forces, facilities, or assistance provided for therein: Provided, That, except as authorized in section 287d–1 of this title, nothing herein contained shall be con-