22 U.S.C. § 10102 — Authorization of imposition of sanctions

Page 2318 TITLE 22—FOREIGN RELATIONS AND INTERCOURSE § 10102 1 See References in Text note below. Editorial Notes CODIFICATION Section was formerly set out in a note under section 2656 of this title. Statutory Notes and Related Subsidiaries SHORT TITLE Pub. L. 114–328, div. A, title XII, § 1261, Dec. 23, 2016, 130 Stat. 2533, provided that: ‘‘This subtitle [subtitle F (§§ 1261–1264) of title XII of div. A of Pub. L. 114–328, en- acting this chapter] may be cited as the ‘Global Magnitsky Human Rights Accountability Act’.’’ § 10102. Authorization of imposition of sanctions (a) In general The President may impose the sanctions de- scribed in subsection (b) with respect to any for- eign person the President determines, based on credible evidence— (1) is responsible for extrajudicial killings, torture, or other gross violations of inter- nationally recognized human rights com- mitted against individuals in any foreign country who seek— (A) to expose illegal activity carried out by government officials; or (B) to obtain, exercise, defend, or promote internationally recognized human rights and freedoms, such as the freedoms of religion, expression, association, and assembly, and the rights to a fair trial and democratic elections; (2) acted as an agent of or on behalf of a for- eign person in a matter relating to an activity described in paragraph (1); (3) is a government official, or a senior asso- ciate of such an official, that is responsible for, or complicit in, ordering, controlling, or otherwise directing, acts of significant corrup- tion, including the expropriation of private or public assets for personal gain, corruption re- lated to government contracts or the extrac- tion of natural resources, bribery, or the fa- cilitation or transfer of the proceeds of corrup- tion to foreign jurisdictions; or (4) has materially assisted, sponsored, or provided financial, material, or technological support for, or goods or services in support of, an activity described in paragraph (3). (b) Sanctions described The sanctions described in this subsection are the following: (1) Inadmissibility to United States In the case of a foreign person who is an in- dividual— (A) ineligibility to receive a visa to enter the United States or to be admitted to the United States; or (B) if the individual has been issued a visa or other documentation, revocation, in ac- cordance with section 1201(i) of title 8, of the visa or other documentation. (2) Blocking of property (A) In general The blocking, in accordance with the International Emergency Economic Powers Act (50 U.S.C. 1701 et seq.), of all trans- actions in all property and interests in prop- erty of a 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. (B) Inapplicability of national emergency re- quirement The requirements of section 202 of the International Emergency Economic Powers Act (50 U.S.C. 1701) shall not apply for pur- poses of this section. (C) Exception relating to importation of goods (i) In general The authority to block and prohibit all transactions in all property and interests in property under subparagraph (A) shall not include the authority to impose sanc- tions on the importation of goods. (ii) Good In this subparagraph, the term ‘‘good’’ has the meaning given that term in sec- tion 16 1 of the Export Administration Act of 1979 (50 U.S.C. 4618) (as continued in ef- fect pursuant to the International Emer- gency Economic Powers Act (50 U.S.C. 1701 et seq.)). (c) Consideration of certain information in im- posing sanctions In determining whether to impose sanctions under subsection (a), the President shall con- sider— (1) information provided jointly by the chairperson and ranking member of each of the appropriate congressional committees; and (2) credible information obtained by other countries and nongovernmental organizations that monitor violations of human rights. (d) Requests by appropriate congressional com- mittees (1) In general Not later than 120 days after receiving a re- quest that meets the requirements of para- graph (2) with respect to whether a foreign person has engaged in an activity described in subsection (a), the President shall— (A) determine if that person has engaged in such an activity; and (B) submit a classified or unclassified re- port to the chairperson and ranking member of the committee or committees that sub- mitted the request with respect to that de- termination that includes— (i) a statement of whether or not the President imposed or intends to impose sanctions with respect to the person; and (ii) if the President imposed or intends to impose sanctions, a description of those sanctions. (2) Requirements (A) Requests relating to human rights viola- tions A request under paragraph (1) with respect to whether a foreign person has engaged in Page 2319 TITLE 22—FOREIGN RELATIONS AND INTERCOURSE § 10102 an activity described in paragraph (1) or (2) of subsection (a) shall be submitted to the President in writing jointly by the chair- person and ranking member of one of the ap- propriate congressional committees. (B) Requests relating to corruption A request under paragraph (1) with respect to whether a foreign person has engaged in an activity described in paragraph (3) or (4) of subsection (a) shall be submitted to the President in writing jointly by the chair- person and ranking member of— (i) one of the appropriate congressional committees of the Senate; and (ii) one of the appropriate congressional committees of the House of Representa- tives. (e) Exception to comply with United Nations Headquarters Agreement and law enforce- ment objectives Sanctions under subsection (b)(1) shall not apply to an individual if admitting the indi- vidual into the United States would further im- portant law enforcement objectives or is nec- essary to permit the United States to comply with the Agreement regarding the Headquarters of the United Nations, signed at Lake Success June 26, 1947, and entered into force November 21, 1947, between the United Nations and the United States, or other applicable international obligations of the United States. (f) Enforcement of blocking of property A person that violates, attempts to violate, conspires to violate, or causes a violation of a sanction described in subsection (b)(2) that is imposed by the President or any regulation, li- cense, or order issued to carry out such a sanc- tion shall be subject to the penalties set forth in subsections (b) and (c) of section 206 of the Inter- national Emergency Economic Powers Act (50 U.S.C. 1705) to the same extent as a person that commits an unlawful act described in subsection (a) of that section. (g) Termination of sanctions The President may terminate the application of sanctions under this section with respect to a person if the President determines and reports to the appropriate congressional committees not later than 15 days before the termination of the sanctions that— (1) credible information exists that the per- son did not engage in the activity for which sanctions were imposed; (2) the person has been prosecuted appro- priately for the activity for which sanctions were imposed; (3) the person has credibly demonstrated a significant change in behavior, has paid an ap- propriate consequence for the activity for which sanctions were imposed, and has credibly committed to not engage in an activ- ity described in subsection (a) in the future; or (4) the termination of the sanctions is in the national security interests of the United States. (h) Regulatory authority The President shall issue such regulations, li- censes, and orders as are necessary to carry out this section. (i) Identification of sanctionable foreign persons The Assistant Secretary of State for Democ- racy, Human Rights, and Labor, in consultation with the Assistant Secretary of State for Con- sular Affairs and other bureaus of the Depart- ment of State, as appropriate, is authorized to submit to the Secretary of State, for review and consideration, the names of foreign persons who may meet the criteria described in subsection (a). (j) Appropriate congressional committees de- fined In this section, the term ‘‘appropriate congres- sional committees’’ means— (1) the Committee on Banking, Housing, and Urban Affairs and the Committee on Foreign Relations of the Senate; and (2) the Committee on Financial Services and the Committee on Foreign Affairs of the House of Representatives. (Pub. L. 114–328, div. A, title XII, § 1263, Dec. 23, 2016, 130 Stat. 2534.) Editorial Notes REFERENCES IN TEXT The International Emergency Economic Powers Act, referred to in subsec. (b)(2)(A), (C)(ii), 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 classification of this Act to the Code, see Short Title note set out under section 1701 of Title 50 and Tables. Section 16 of the Export Administration Act of 1979, referred to in subsec. (b)(2)(C)(ii), is section 16 of Pub. L. 96–72, Sept. 29, 1979, 93 Stat. 533, which was classified to section 4618 of Title 50, War and National Defense, prior to repeal by Pub. L. 115–232, div. A, title XVII, § 1766(a), Aug. 13, 2018, 132 Stat. 2232. CODIFICATION Section was formerly set out in a note under section 2656 of this title. Executive Documents DELEGATION OF AUTHORITY UNDER THE GLOBAL MAGNITSKY HUMAN RIGHTS ACCOUNTABILITY ACT Memorandum of President of the United States, Sept. 8, 2017, 82 F.R. 45411, provided: Memorandum for the Secretary of State [and] the Secretary of the Treasury By the authority vested in me as President by the Constitution and the laws of the United States of America, including section 301 of title 3, United States Code, I hereby make the following delegations: I delegate to the Secretary of the Treasury the au- thority to administer financial sanctions under section 1263 of the Global Magnitsky Human Rights Account- ability Act (Public Law 114–328) (the ‘‘Act’’) [22 U.S.C. 10102]. In exercising the authority delegated by this memorandum, the Secretary of the Treasury will co- ordinate with the Secretary of State. I also delegate to the Secretary of State the author- ity to administer visa sanctions under section 1263 of the Act. The delegations in this memorandum shall apply to any provision of any future public law that is the same or substantially the same as section 1263 of the Act. The Secretary of State is authorized and directed to publish this memorandum in the Federal Register. DONALD J. TRUMP. Page 2320 TITLE 22—FOREIGN RELATIONS AND INTERCOURSE § 10103 § 10103. Reports to Congress (a) In general The President shall submit to the appropriate congressional committees, in accordance with subsection (b), a report that includes— (1) a list of each foreign person with respect to which the President imposed sanctions pur- suant to section 10102 of this title during the year preceding the submission of the report; (2) a description of the type of sanctions im- posed with respect to each such person; (3) the number of foreign persons with re- spect to which the President— (A) imposed sanctions under section 10102(a) of this title during that year; and (B) terminated sanctions under section 10102(g) of this title during that year; (4) the dates on which such sanctions were imposed or terminated, as the case may be; (5) the reasons for imposing or terminating such sanctions; and (6) a description of the efforts of the Presi- dent to encourage the governments of other countries to impose sanctions that are similar to the sanctions authorized by section 10102 of this title. (b) Dates for submission (1) Initial report The President shall submit the initial report under subsection (a) not later than 120 days after December 23, 2016. (2) Subsequent reports (A) In general The President shall submit a subsequent report under subsection (a) on December 10, or the first day thereafter on which both Houses of Congress are in session, of— (i) the calendar year in which the initial report is submitted if the initial report is submitted before December 10 of that cal- endar year; and (ii) each calendar year thereafter. (B) Congressional statement Congress notes that December 10 of each calendar year has been recognized in the United States and internationally since 1950 as ‘‘Human Rights Day’’. (c) Form of report (1) In general Each report required by subsection (a) shall be submitted in unclassified form, but may in- clude a classified annex. (2) Exception The name of a foreign person to be included in the list required by subsection (a)(1) may be submitted in the classified annex authorized by paragraph (1) only if the President— (A) determines that it is vital for the na- tional security interests of the United States to do so; (B) uses the annex in a manner consistent with congressional intent and the purposes of this chapter; and (C) not later than 15 days before submit- ting the name in a classified annex, provides to the appropriate congressional committees notice of, and a justification for, including the name in the classified annex despite any publicly available credible information indi- cating that the person engaged in an activ- ity described in section 10102(a) of this title. (d) Public availability (1) In general The unclassified portion of the report re- quired by subsection (a) shall be made avail- able to the public, including through publica- tion in the Federal Register. (2) Nonapplicability of confidentiality require- ment with respect to visa records The President shall publish the list required by subsection (a)(1) without regard to the re- quirements of section 1202(f) of title 8 with re- spect to confidentiality of records pertaining to the issuance or refusal of visas or permits to enter the United States. (e) Appropriate congressional committees de- fined In this section, the term ‘‘appropriate congres- sional committees’’ means— (1) the Committee on Appropriations, the Committee on Banking, Housing, and Urban Affairs, the Committee on Foreign Relations, and the Committee on the Judiciary of the Senate; and (2) the Committee on Appropriations, the Committee on Financial Services, the Com- mittee on Foreign Affairs, and the Committee on the Judiciary of the House of Representa- tives. (Pub. L. 114–328, div. A, title XII, § 1264, Dec. 23, 2016, 130 Stat. 2536.) Editorial Notes CODIFICATION Section was formerly set out in a note under section 2656 of this title. CHAPTER 109—BURMA UNIFIED THROUGH RIGOROUS MILITARY ACCOUNTABILITY Sec. 10201. Definitions. SUBCHAPTER I—MATTERS RELATING TO THE CONFLICT IN BURMA 10211. Statement of policy. SUBCHAPTER II—SANCTIONS AND POLICY COORDINATION WITH RESPECT TO BURMA 10221. Definitions. 10222. Imposition of sanctions with respect to human rights abuses and perpetration of a coup in Burma. 10223. Sanctions and policy coordination for Burma. 10224. Support for greater United Nations action with respect to Burma. 10225. Sunset. SUBCHAPTER III—AUTHORIZATIONS OF APPROPRIATIONS FOR ASSISTANCE FOR BURMA 10241. General authorization of appropriations. 10242. Limitations. 10243. Appropriate congressional committees de- fined. SUBCHAPTER IV—EFFORTS AGAINST HUMAN RIGHTS ABUSES 10251. Authorization to provide technical assistance for efforts against human rights abuses.