22 U.S.C. § 7203 — Exceptions

Page 1937 TITLE 22—FOREIGN RELATIONS AND INTERCOURSE § 7203 (5) Medicine The term ‘‘medicine’’ has the meaning given the term ‘‘drug’’ in section 321 of title 21. (6) Unilateral agricultural sanction The term ‘‘unilateral agricultural sanction’’ means any prohibition, restriction, or condi- tion on carrying out an agricultural program with respect to a foreign country or foreign entity that is imposed by the United States for reasons of foreign policy or national secu- rity, except in a case in which the United States imposes the measure pursuant to— (A) a multilateral regime and the other member countries of that regime have agreed to impose substantially equivalent measures; or (B) a mandatory decision of the United Na- tions Security Council. (7) Unilateral medical sanction The term ‘‘unilateral medical sanction’’ means any prohibition, restriction, or condi- tion on exports of, or the provision of assist- ance consisting of, medicine or a medical de- vice with respect to a foreign country or for- eign entity that is imposed by the United States for reasons of foreign policy or national security, except in a case in which the United States imposes the measure pursuant to— (A) a multilateral regime and the other member countries of that regime have agreed to impose substantially equivalent measures; or (B) a mandatory decision of the United Na- tions Security Council. (Pub. L. 106–387, § 1(a) [title IX, § 902], Oct. 28, 2000, 114 Stat. 1549, 1549A–67; Pub. L. 110–246, title III, § 3001(b)(1)(A), (2)(X), June 18, 2008, 122 Stat. 1820, 1821; Pub. L. 113–79, title I, § 1423(b), Feb. 7, 2014, 128 Stat. 695.) Editorial Notes REFERENCES IN TEXT The Food for Peace Act, referred to in par. (2)(A), is act July 10, 1954, ch. 469, 68 Stat. 454, which is classified principally to chapter 41 (§ 1691 et seq.) of Title 7, Agri- culture. For complete classification of this Act to the Code, see Short Title note set out under section 1691 of Title 7 and Tables. The Agricultural Trade Act of 1978, referred to in par. (2)(C), is Pub. L. 95–501, Oct. 21, 1978, 92 Stat. 1685, as amended generally by Pub. L. 101–624, title XV, § 1531, Nov. 28, 1990, 104 Stat. 3668, which is classified generally to chapter 87 (§ 5601 et seq.) of Title 7, Agriculture. For complete classification of this Act to the Code, see Short Title note set out under section 5601 of Title 7 and Tables. Section 903(a)(1) of the Trade Sanctions Reform and Export Enhancement Act of 2000, referred to in par. (3)(A), is section 1(a) [title IX, § 903(a)(1)] of Pub. L. 106–387, which is classified to section 7202(a)(1) of this title. Section 906 of the Trade Sanctions Reform and Ex- port Enhancement Act of 2000, referred to in par. (3)(B), is section 1(a) [title IX, § 906] of Pub. L. 106–387, which is classified to section 7205 of this title. Provisions re- lating to report of the President and enactment into law of a joint resolution are contained in section 905 of the Act, which is classified to section 7204 of this title. AMENDMENTS 2014—Par. (2)(D)–(F). Pub. L. 113–79 redesignated sub- pars. (E) and (F) as (D) and (E), respectively, and struck out former subpar. (D) which read as follows: ‘‘the dairy export incentive program administered under sec- tion 713a–14 of title 15;’’. 2008—Par. (2)(A). Pub. L. 110–246 substituted ‘‘Food for Peace Act’’ for ‘‘Agricultural Trade Development and Assistance Act of 1954’’. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 2008 AMENDMENT Amendment by Pub. L. 110–246 effective May 22, 2008, see section 4(b) of Pub. L. 110–246, set out as an Effec- tive Date note under section 8701 of Title 7, Agri- culture. EFFECTIVE DATE Pub. L. 106–387, § 1(a) [title IX, § 911], Oct. 28, 2000, 114 Stat. 1549, 1549A–72, provided that: ‘‘(a) IN GENERAL.—Except as provided in subsection (b), this title [enacting this chapter] shall take effect on the date of enactment of this Act [Oct. 28, 2000], and shall apply thereafter in any fiscal year. ‘‘(b) EXISTING SANCTIONS.—In the case of any unilat- eral agricultural sanction or unilateral medical sanc- tion that is in effect as of the date of enactment of this Act, this title shall take effect 120 days after the date of enactment of this Act, and shall apply thereafter in any fiscal year.’’ SHORT TITLE Pub. L. 106–387, § 1(a) [title IX, § 901], Oct. 28, 2000, 114 Stat. 1549, 1549A–67, provided that: ‘‘This title [enacting this chapter] may be cited as the ‘Trade Sanctions Re- form and Export Enhancement Act of 2000’.’’ DEFINITIONS Pub. L. 106–387, § 1(a) [title VII, § 775], Oct. 28, 2000, 114 Stat. 1549, 1549A–45, provided that: ‘‘For purposes of ad- ministering title IX of this Act [enacting this chapter], the term ‘agricultural commodity’ shall also include fertilizer and organic fertilizer, except to the extent provided pursuant to section 904 of that title [22 U.S.C. 7203].’’ § 7202. Restriction (a) New sanctions Except as provided in sections 7203 and 7204 of this title and notwithstanding any other provi- sion of law, the President may not impose a uni- lateral agricultural sanction or unilateral med- ical sanction against a foreign country or for- eign entity, unless— (1) not later than 60 days before the sanction is proposed to be imposed, the President sub- mits a report to Congress that— (A) describes the activity proposed to be prohibited, restricted, or conditioned; and (B) describes the actions by the foreign country or foreign entity that justify the sanction; and (2) there is enacted into law a joint resolu- tion stating the approval of Congress for the report submitted under paragraph (1). (b) Existing sanctions The President shall terminate any unilateral agricultural sanction or unilateral medical sanction that is in effect as of October 28, 2000. (Pub. L. 106–387, § 1(a) [title IX, § 903], Oct. 28, 2000, 114 Stat. 1549, 1549A–68.) § 7203. Exceptions Section 7202 of this title shall not affect any authority or requirement to impose (or continue Page 1938 TITLE 22—FOREIGN RELATIONS AND INTERCOURSE § 7204 1 See References in Text note below. 1 See References in Text note below. to impose) a sanction referred to in section 7202 of this title— (1) against a foreign country or foreign enti- ty— (A) pursuant to a declaration of war against the country or entity; (B) pursuant to specific statutory author- ization for the use of the Armed Forces of the United States against the country or en- tity; (C) against which the Armed Forces of the United States are involved in hostilities; or (D) where imminent involvement by the Armed Forces of the United States in hos- tilities against the country or entity is clearly indicated by the circumstances; or (2) to the extent that the sanction would prohibit, restrict, or condition the provision or use of any agricultural commodity, medi- cine, or medical device that is— (A) controlled on the United States Muni- tions List established under section 2778 of this title; (B) controlled on any control list estab- lished under the Export Administration Act of 1979 or any successor statute (50 U.S.C. App. 2401 et seq.); 1 or (C) used to facilitate the design, develop- ment, or production of chemical or biologi- cal weapons, missiles, or weapons of mass destruction. (Pub. L. 106–387, § 1(a) [title IX, § 904], Oct. 28, 2000, 114 Stat. 1549, 1549A–68; Pub. L. 107–56, title II, § 221(a)(1), Oct. 26, 2001, 115 Stat. 292.) Editorial Notes REFERENCES IN TEXT The Export Administration Act of 1979, referred to in par. (2)(B), is Pub. L. 96–72, Sept. 29, 1979, 93 Stat. 503, which was classified principally to section 2401 et seq. of the former Appendix to Title 50, War and National Defense, prior to editorial reclassification and renum- bering as chapter 56 (§ 4601 et seq.) of Title 50, and was repealed by Pub. L. 115–232, div. A, title XVII, § 1766(a), Aug. 13, 2018, 132 Stat. 2232, except for sections 11A, 11B, and 11C thereof (50 U.S.C. 4611, 4612, 4613). See the Ex- port Control Reform Act of 2018 (50 U.S.C. 4801 et seq.). AMENDMENTS 2001—Par. (2)(C). Pub. L. 107–56 amended subpar. (C) generally. Prior to amendment, subpar. (C) read as fol- lows: ‘‘used to facilitate the development or production of a chemical or biological weapon or weapon of mass destruction.’’ § 7204. Termination of sanctions Any unilateral agricultural sanction or unilat- eral medical sanction that is imposed pursuant to the procedures described in section 7202(a) of this title shall terminate not later than 2 years after the date on which the sanction became ef- fective unless— (1) not later than 60 days before the date of termination of the sanction, the President submits to Congress a report containing— (A) the recommendation of the President for the continuation of the sanction for an additional period of not to exceed 2 years; and (B) the request of the President for ap- proval by Congress of the recommendation; and (2) there is enacted into law a joint resolu- tion stating the approval of Congress for the report submitted under paragraph (1). (Pub. L. 106–387, § 1(a) [title IX, § 905], Oct. 28, 2000, 114 Stat. 1549, 1549A–69.) § 7205. State sponsors of international terrorism (a) Requirement (1) In general Notwithstanding any other provision of this chapter (other than section 7203 of this title), the export of agricultural commodities, medi- cine, or medical devices to Cuba, the Taliban or the territory of Afghanistan controlled by the Taliban, or to the government of a country that has been determined by the Secretary of State to have repeatedly provided support for acts of international terrorism under section 2371 of this title, section 4605(j)(1) 1 of title 50, or section 2780(d) of this title, or to any other entity in such a country, shall only be made pursuant to 1-year licenses issued by the United States Government for contracts en- tered into during the 1-year period of the li- cense and shipped within the 12-month period beginning on the date of the signing of the contract, except that the requirements of such 1-year licenses shall be no more restrictive than license exceptions administered by the Department of Commerce or general licenses administered by the Department of the Treas- ury, except that procedures shall be in place to deny licenses for exports to any entity within such country, or in the territory of Af- ghanistan controlled by the Taliban, pro- moting international terrorism. (2) Exception Paragraph (1) shall not apply with respect to the export of agricultural commodities, medi- cine, or medical devices to the Government of Syria or to the Government of North Korea, or to any other entity in Syria or North Korea. (b) Quarterly reports The applicable department or agency of the Federal Government shall submit to the appro- priate congressional committees on a quarterly basis a report on any activities undertaken under subsection (a)(1) during the preceding cal- endar quarter. (c) Biennial reports Not later than 2 years after October 28, 2000, and every 2 years thereafter, the applicable de- partment or agency of the Federal Government shall submit a report to the appropriate con- gressional committees on the operation of the licensing system under this section for the pre- ceding 2-year period, including— (1) the number and types of licenses applied for; (2) the number and types of licenses ap- proved; (3) the average amount of time elapsed from the date of filing of a license application until the date of its approval;