22 U.S.C. § 8793 — Imposition of sanctions with respect to

Page 2144 TITLE 22—FOREIGN RELATIONS AND INTERCOURSE § 8793 (1) each person on the list required by sub- section (b); and (2) any person that— (A) is a successor entity to a person on the list; (B) owns or controls a person on the list, if the person that owns or controls the person on the list had actual knowledge or should have known that the person on the list en- gaged in the activity described in subsection (b)(2) for which the person was included in the list; or (C) is owned or controlled by, or under common ownership or control with, the per- son on the list, if the person owned or con- trolled by, or under common ownership or control with (as the case may be), the person on the list knowingly engaged in the activ- ity described in subsection (b)(2) for which the person was included in the list. (b) List (1) In general Not later than 120 days after August 10, 2012, the President shall submit to the appropriate congressional committees a list of persons that the President determines have knowingly engaged in an activity described in paragraph (2) on or after August 10, 2012. (2) Activity described (A) In general A person engages in an activity described in this paragraph if the person— (i) transfers, or facilitates the transfer of, goods or technologies described in sub- paragraph (C) to Syria; or (ii) provides services with respect to goods or technologies described in sub- paragraph (C) after such goods or tech- nologies are transferred to Syria. (B) Applicability to contracts and other agreements A person engages in an activity described in subparagraph (A) without regard to whether the activity is carried out pursuant to a contract or other agreement entered into before, on, or after August 10, 2012. (C) Goods or technologies described Goods or technologies described in this subparagraph are goods or technologies that the President determines are likely to be used by the Government of Syria or any of its agencies or instrumentalities to commit human rights abuses against the people of Syria, including— (i) firearms or ammunition (as those terms are defined in section 921 of title 18), rubber bullets, police batons, pepper or chemical sprays, stun grenades, electro- shock weapons, tear gas, water cannons, or surveillance technology; or (ii) sensitive technology. (D) Sensitive technology defined (i) In general For purposes of subparagraph (C), the term ‘‘sensitive technology’’ means hard- ware, software, telecommunications equip- ment, or any other technology, that the President determines is to be used specifi- cally— (I) to restrict the free flow of unbiased information in Syria; or (II) to disrupt, monitor, or otherwise restrict speech of the people of Syria. (ii) Exception The term ‘‘sensitive technology’’ does not include information or informational materials the exportation of which the President does not have the authority to regulate or prohibit pursuant to section 1702(b)(3) of title 50. (3) Special rule to allow for termination of sanctionable activity The President shall not be required to in- clude a person on the list required by para- graph (1) if the President certifies in writing to the appropriate congressional committees that— (A) the person is no longer engaging in, or has taken significant verifiable steps toward stopping, the activity described in paragraph (2) for which the President would otherwise have included the person on the list; and (B) the President has received reliable as- surances that the person will not knowingly engage in any activity described in para- graph (2) in the future. (4) Updates of list The President shall submit to the appro- priate congressional committees an updated list under paragraph (1)— (A) not later than 300 days after August 10, 2012, and every 180 days thereafter; and (B) as new information becomes available. (5) Form of report; public availability (A) Form The list required by paragraph (1) shall be submitted in unclassified form but may con- tain a classified annex. (B) Public availability The unclassified portion of the list re- quired by paragraph (1) shall be made avail- able to the public and posted on the websites of the Department of the Treasury and the Department of State. (Pub. L. 112–158, title VII, § 703, Aug. 10, 2012, 126 Stat. 1266.) TERMINATION OF SECTION For termination of section, see section 8795 of this title. § 8793. Imposition of sanctions with respect to persons who engage in censorship or other forms of repression in Syria (a) In general The President shall impose sanctions de- scribed in section 8791(c) of this title with re- spect to each person on the list required by sub- section (b). (b) List of persons who engage in censorship (1) In general Not later than 120 days after August 10, 2012, the President shall submit to the appropriate Page 2145 TITLE 22—FOREIGN RELATIONS AND INTERCOURSE § 8795 congressional committees a list of persons that the President determines have engaged in censorship, or activities relating to censor- ship, in a manner that prohibits, limits, or pe- nalizes the legitimate exercise of freedom of expression by citizens of Syria. (2) Updates of list The President shall submit to the appro- priate congressional committees an updated list under paragraph (1)— (A) not later than 300 days after August 10, 2012, and every 180 days thereafter; and (B) as new information becomes available. (3) Form of report; public availability (A) Form The list required by paragraph (1) shall be submitted in unclassified form but may con- tain a classified annex. (B) Public availability The unclassified portion of the list re- quired by paragraph (1) shall be made avail- able to the public and posted on the websites of the Department of the Treasury and the Department of State. (Pub. L. 112–158, title VII, § 704, Aug. 10, 2012, 126 Stat. 1268.) TERMINATION OF SECTION For termination of section, see section 8795 of this title. § 8794. Waiver The President may waive the requirement to include a person on a list required by section 8791, 8792, or 8793 of this title or to impose sanc- tions pursuant to any such section if the Presi- dent— (1) determines that such a waiver is in the national security interests of the United States; and (2) submits to the appropriate congressional committees a report on the reasons for that determination. (Pub. L. 112–158, title VII, § 705, Aug. 10, 2012, 126 Stat. 1268.) TERMINATION OF SECTION For termination of section, see section 8795 of this title. § 8795. Termination (a) In general The provisions of this subchapter and any sanctions imposed pursuant to this subchapter shall terminate on the date on which the Presi- dent submits to the appropriate congressional committees— (1) the certification described in subsection (b); and (2) a certification that— (A) the Government of Syria is democrat- ically elected and representative of the peo- ple of Syria; or (B) a legitimate transitional government of Syria is in place. (b) Certification described A certification described in this subsection is a certification by the President that the Gov- ernment of Syria— (1) has unconditionally released all political prisoners; (2) has ceased its practices of violence, un- lawful detention, torture, and abuse of citizens of Syria engaged in peaceful political activity; (3) has ceased its practice of procuring sen- sitive technology designed to restrict the free flow of unbiased information in Syria, or to disrupt, monitor, or otherwise restrict the right of citizens of Syria to freedom of expres- sion; (4) has ceased providing support for foreign terrorist organizations and no longer allows such organizations, including Hamas, Hezbollah, and Palestinian Islamic Jihad, to maintain facilities in territory under the con- trol of the Government of Syria; and (5) has ceased the development and deploy- ment of medium- and long-range surface-to- surface ballistic missiles; (6) is not pursuing or engaged in the re- search, development, acquisition, production, transfer, or deployment of biological, chem- ical, or nuclear weapons, and has provided credible assurances that it will not engage in such activities in the future; and (7) has agreed to allow the United Nations and other international observers to verify that the Government of Syria is not engaging in such activities and to assess the credibility of the assurances provided by that Govern- ment. (c) Suspension of sanctions after election of democratic government If the President submits to the appropriate congressional committees the certification de- scribed in subsection (a)(2), the President may suspend the provisions of this subchapter and any sanctions imposed under this subchapter for not more than 180 days to allow time for a cer- tification described in subsection (b) to be sub- mitted. (Pub. L. 112–158, title VII, § 706, Aug. 10, 2012, 126 Stat. 1268.) Editorial Notes REFERENCES IN TEXT This subchapter, referred to in subsecs. (a) and (c), was in the original a reference to title VII of Pub. L. 112–158, which enacted this subchapter and provisions set out as a note under section 8701 of this title. CHAPTER 95—IRAN FREEDOM AND COUNTERPROLIFERATION Sec. 8801. Definitions. 8802. Sense of Congress relating to violations of human rights by Iran. 8803. Imposition of sanctions with respect to the energy, shipping, and shipbuilding sectors of Iran. 8804. Imposition of sanctions with respect to the sale, supply, or transfer of certain materials to or from Iran. 8805. Imposition of sanctions with respect to the provision of underwriting services or insur- ance or reinsurance for activities or persons with respect to which sanctions have been imposed. 8806. Imposition of sanctions with respect to for- eign financial institutions that facilitate fi- nancial transactions on behalf of specially designated nationals.