22 U.S.C. § 10222 — Imposition of sanctions with respect to

Page 2322 TITLE 22—FOREIGN RELATIONS AND INTERCOURSE § 10222 materially assisted, sponsored, or provided fi- nancial, material, or technological support for, or goods or services to or in support of the Burmese military. (9) United States person The term ‘‘United States person’’ means— (A) a United States citizen or an alien law- fully admitted to the United States for per- manent residence; (B) an entity organized under the laws of the United States or any jurisdiction within the United States, including a foreign branch of such an entity; or (C) any person in the United States. (Pub. L. 117–263, div. E, title LV, § 5570, Dec. 23, 2022, 136 Stat. 3362.) § 10222. Imposition of sanctions with respect to human rights abuses and perpetration of a coup in Burma (a) Mandatory sanctions Not later than 180 days after December 23, 2022, the President shall impose the sanctions described in subsection (d) with respect to any foreign person that the President determines— (1) is a senior official of— (A) the Burmese military or security forces of Burma; (B) the State Administration Council, the military-appointed cabinet at the level of Deputy Minister or higher, or a military-ap- pointed minister of a Burmese state or re- gion; or (C) an entity that primarily operates in the defense sector of the Burmese economy; or (2) is a Burmese state-owned commercial en- terprise (other than an entity described in sub- sections (c)(1) and (c)(2)) that— (A) is operating in the industrial or extrac- tive sectors; and (B) significantly financially benefits the Burmese military. (b) Additional measure relating to facilitation of transactions The Secretary of the Treasury may, in con- sultation with the Secretary of State, prohibit or impose strict conditions on the opening or maintaining in the United States of a cor- respondent account or payable-through account by a foreign financial institution that the Presi- dent determines has, on or after December 23, 2022, knowingly conducted or facilitated a sig- nificant transaction or transactions on behalf of a foreign person subject to sanctions under this section imposed pursuant to subsection (a). (c) Additional sanctions The President may impose the sanctions de- scribed in subsection (d) with respect to— (1) the Myanma Oil and Gas Enterprise; (2) any Burmese state-owned enterprise that— (A) is not operating in the industrial or ex- tractive sectors; and (B) significantly financially benefits the Burmese military; (3) a spouse or adult child of any person de- scribed in subsection (a)(1); (4) any foreign person that, leading up to, during, and since the February 1, 2021, coup d’etat in Burma, is responsible for or has di- rectly and knowingly engaged in— (A) actions or policies that significantly undermine democratic processes or institu- tions in Burma; (B) actions or policies that significantly threaten the peace, security, or stability of Burma; (C) actions or policies by a Burmese person that— (i) significantly prohibit, limit, or penal- ize the exercise of freedom of expression or assembly by people in Burma; or (ii) limit access to print, online, or broadcast media in Burma; or (D) the orchestration of arbitrary deten- tion or torture in Burma or other serious human rights abuses in Burma; or (5) any Burmese entity that provides mate- riel to the Burmese military. (d) Sanctions described The sanctions described in this subsection are the following: (1) Property blocking The President may exercise all powers granted to the President by the International Emergency Economic Powers Act (50 U.S.C. 1701 et seq.) to the extent necessary to block and prohibit all transactions in all property and interests in property of the foreign person if such property and interests in property are in the United States, come within the United States, or are or come within the possession or control of a United States person. (2) Foreign exchange The President may, pursuant to such regula- tions as the President may prescribe, prohibit any transactions in foreign exchange that are subject to the jurisdiction of the United States and in which the foreign person has any interest. (3) Visas, admission, or parole (A) In general An alien who is described in subsection (a) or (c) is— (i) inadmissible to the United States; (ii) ineligible for a visa or other docu- mentation 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 seq.). (B) Current visas revoked (i) In general The issuing consular officer, the Sec- retary of State, or the Secretary of Home- land Security (or a designee of one of such Secretaries) shall, in accordance with sec- tion 221(i) of the Immigration and Nation- ality Act (8 U.S.C. 1201(i)), revoke any visa or other entry documentation issued to an alien described in subparagraph (A) regard- less of when the visa or other entry docu- mentation is issued. Page 2323 TITLE 22—FOREIGN RELATIONS AND INTERCOURSE § 10222 (ii) Effect of revocation A revocation under clause (i)— (I) shall take effect immediately; and (II) shall automatically cancel any other valid visa or entry documentation that is in the alien’s possession. (e) Assessment and report on sanctions with re- spect to Burmese State-owned enterprise op- erating in the energy sector (1) In general Not later than 180 days after December 23, 2022, the President shall conduct an assess- ment with respect to the Burmese state-owned enterprise described in subsection (c)(1), in- cluding relevant factors pertaining to the pos- sible application of sanctions on such enter- prise. (2) Report required Upon making the determination required by paragraph (1), the President shall submit to the appropriate congressional committees a report on the assessment. (3) Form of report The report required by paragraph (2) shall be submitted in unclassified form but may in- clude a classified annex. (f) Exceptions (1) Exception for intelligence, law enforcement, and national security activities Sanctions under this section shall not apply to any authorized intelligence, law enforce- ment, or national security activities of the United States. (2) Exception to comply with international ob- ligations Sanctions under subsection (d)(3) shall not apply with respect to the admission of an alien if admitting or paroling the alien into the United States is necessary to permit the United States to comply with the Agreement regarding the Headquarters of the United Na- tions, signed at Lake Success June 26, 1947, and entered into force November 21, 1947, be- tween the United Nations and the United States, or other applicable international obli- gations. (3) Exception relating to the provision of hu- manitarian assistance Sanctions under this section may not be im- posed with respect to transactions or the fa- cilitation of transactions for— (A) the sale of agricultural commodities, food, medicine, or medical devices to Burma; (B) the provision of humanitarian assist- ance to the people of Burma; (C) financial transactions relating to hu- manitarian assistance or for humanitarian purposes in Burma; or (D) transporting goods or services that are necessary to carry out operations relating to humanitarian assistance or humanitarian purposes in Burma. (4) Exception relating to wind-down of projects Sanctions under this section shall not be im- posed with respect to transactions or the fa- cilitation of transactions related to the dis- position of investments pursuant to— (A) agreements entered into between United States persons and the Government of Burma prior to May 21, 1997; (B) the exercise of rights pursuant to such agreements; or (C) transactions related to the subsequent operation of the assets encompassed by such disposed investments. (g) Waiver The President may, on a case-by-case basis waive the application of sanctions or restric- tions imposed with respect to a foreign person under this section if the President certifies to the appropriate congressional committees at the time such waiver is to take effect that the waiv- er is in the national interest of the United States. (h) Implementation; penalties (1) Implementation The President may exercise all authorities provided to the President under sections 203 and 205 of the International Emergency Eco- nomic Powers Act (50 U.S.C. 1702 and 1704) to carry out this section. (2) Penalties The penalties provided for in subsections (b) and (c) of section 206 of the International Emergency Economic Powers Act (50 U.S.C. 1705) shall apply to a person that violates, at- tempts to violate, conspires to violate, or causes a violation of this section or any regu- lations promulgated under this section to the same extent that such penalties apply to a person that commits an unlawful act described in section 206(a) of that Act [50 U.S.C. 1705(a)]. (i) Report Not later than 90 days after December 23, 2022, and annually thereafter for 8 years, the Sec- retary of State, in consultation with the Sec- retary of the Treasury, shall submit to the ap- propriate congressional committees a classified report that— (1) describes the primary sources of income to which the Burmese military has access and that the United States has been unable to reach using sanctions authorities; and (2) assesses the impact of the sanctions im- posed pursuant to the authorities under this section on the Burmese people and the Bur- mese military. (Pub. L. 117–263, div. E, title LV, § 5571, Dec. 23, 2022, 136 Stat. 3363.) Editorial Notes REFERENCES IN TEXT The International Emergency Economic Powers Act, referred to in subsec. (d)(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. (d)(3)(A)(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 Page 2324 TITLE 22—FOREIGN RELATIONS AND INTERCOURSE § 10223 classification of this Act to the Code, see Short Title note set out under section 1101 of Title 8 and Tables. § 10223. Sanctions and policy coordination for Burma (a) In general The head of the Office of Sanctions Coordina- tion in the Department of State should develop a comprehensive strategy for the implementa- tion of the full range of United States diplo- matic capabilities to implement Burma-related sanctions in order to promote human rights and the restoration of civilian government in Burma. (b) Matters to be included The strategy described in subsection (a) should include plans and steps to— (1) coordinate the sanctions policies of the United States with relevant bureaus and of- fices in the Department of State and other rel- evant United States Government agencies; (2) conduct relevant research and vetting of entities and individuals that may be subject to sanctions and coordinate with other United States Government agencies and international financial intelligence units to assist in efforts to enforce anti-money laundering and anti- corruption laws and regulations; (3) promote a comprehensive international effort to impose and enforce multilateral sanc- tions with respect to Burma; (4) support interagency United States Gov- ernment efforts, including efforts of the United States Chief of Mission to Burma, the United States Ambassador to ASEAN, and the United States Permanent Representative to the United Nations, relating to— (A) identifying opportunities to exert pres- sure on the governments of the People’s Re- public of China and the Russian Federation to support multilateral action against the Burmese military; and (B) working with like-minded partners to impose a coordinated arms embargo on the Burmese military and targeted sanctions on the economic interests of the Burmese mili- tary, including through the introduction and adoption of a United Nations Security Coun- cil resolution; and (5) provide timely input for reporting on the impacts of the implementation of sanctions on the Burmese military and the people of Burma. (Pub. L. 117–263, div. E, title LV, § 5572, Dec. 23, 2022, 136 Stat. 3366.) § 10224. Support for greater United Nations ac- tion with respect to Burma (a) Sense of Congress It is the sense of Congress that— (1) the United Nations Security Council has not taken adequate steps to condemn the Feb- ruary 1, 2021, coup in Burma, pressure the Bur- mese military to cease its violence against ci- vilians, or secure the release of those unjustly detained; (2) countries, such as the People’s Republic of China and the Russian Federation, that are directly or indirectly shielding the Burmese military from international scrutiny and ac- tion, should be obliged to endure the reputational damage of doing so by taking public votes on resolutions related to Burma that apply greater pressure on the Burmese military to restore Burma to its democratic path; and (3) the United Nations Secretariat and the United Nations Security Council should take concrete steps to address the coup and ongoing crisis in Burma consistent with United Na- tions General Assembly resolution 75/287, ‘‘The situation in Myanmar,’’ which was adopted on June 18, 2021. (b) Support for greater action The President shall direct the United States Permanent Representative to the United Na- tions to use the voice, vote, and influence of the United States to spur greater action by the United Nations and the United Nations Security Council with respect to Burma by— (1) pushing the United Nations Security Council to consider a resolution condemning the February 1, 2021, coup and calling on the Burmese military to cease its violence against the people of Burma and release without pre- conditions the journalists, pro-democracy ac- tivists, and political officials that it has un- justly detained; (2) pushing the United Nations Security Council to consider a resolution that imme- diately imposes a global arms embargo against Burma to ensure that the Burmese military is not able to obtain weapons and munitions from other nations to further harm, murder, and oppress the people of Burma; (3) pushing the United Nations and other United Nations authorities to cut off assist- ance to the Government of Burma while pro- viding humanitarian assistance directly to the people of Burma through United Nations bod- ies and civil society organizations, particu- larly such organizations working with ethnic minorities that have been adversely affected by the coup and the Burmese military’s vio- lent crackdown; and (4) spurring the United Nations Security Council to consider multilateral sanctions against the Burmese military for its atrocities against Rohingya and individuals of other eth- nic and religious minorities, its coup, and the atrocities it has and continues to commit in the coup’s aftermath. (c) Sense of Congress It is the sense of Congress that the United States Permanent Representative to the United Nations should use the voice, vote, and influence of the United States to— (1) object to the appointment of representa- tives to the United Nations and United Na- tions bodies such as the Human Rights Council that are sanctioned by the Burmese military; and (2) work to ensure the Burmese military is not recognized as the legitimate government of Burma in any United Nations body. (Pub. L. 117–263, div. E, title LV, § 5573, Dec. 23, 2022, 136 Stat. 3367.)