22 U.S.C. § 7207 — Prohibition on United States assistance

Page 1939 TITLE 22—FOREIGN RELATIONS AND INTERCOURSE § 7207 (4) the extent to which the licensing proce- dures were effectively implemented; and (5) a description of comments received from interested parties about the extent to which the licensing procedures were effective, after the applicable department or agency holds a public 30-day comment period. (Pub. L. 106–387, § 1(a) [title IX, § 906], Oct. 28, 2000, 114 Stat. 1549, 1549A–69; Pub. L. 107–56, title II, § 221(a)(2), (3), Oct. 26, 2001, 115 Stat. 292.) Editorial Notes REFERENCES IN TEXT Section 4605(j)(1) of title 50, referred to in subsec. (a)(1), was repealed by Pub. L. 115–232, div. A, title XVII, § 1766(a), Aug. 13, 2018, 132 Stat. 2232. AMENDMENTS 2001—Subsec. (a)(1). Pub. L. 107–56, § 221(a)(2), inserted ‘‘, the Taliban or the territory of Afghanistan con- trolled by the Taliban,’’ after ‘‘Cuba’’ and ‘‘, or in the territory of Afghanistan controlled by the Taliban,’’ after ‘‘entity within such country’’. Subsec. (a)(2). Pub. L. 107–56, § 221(a)(3), inserted ‘‘, or to any other entity in Syria or North Korea’’ before pe- riod at end. § 7206. Congressional procedures (a) Referral of report A report described in section 7202(a)(1) or 7204(1) of this title shall be referred to the appro- priate committee or committees of the House of Representatives and to the appropriate com- mittee or committees of the Senate. (b) Referral of joint resolution (1) In general A joint resolution introduced in the Senate shall be referred to the Committee on Foreign Relations, and a joint resolution introduced in the House of Representatives shall be referred to the Committee on International Relations. (2) Reporting date A joint resolution referred to in paragraph (1) may not be reported before the eighth ses- sion day of Congress after the introduction of the joint resolution. (Pub. L. 106–387, § 1(a) [title IX, § 907], Oct. 28, 2000, 114 Stat. 1549, 1549A–70.) Statutory Notes and Related Subsidiaries CHANGE OF NAME Committee on International Relations of House of Representatives changed to Committee on Foreign Af- fairs of House of Representatives by House Resolution No. 6, One Hundred Tenth Congress, Jan. 5, 2007. § 7207. Prohibition on United States assistance and financing (a) Prohibition on United States assistance (1) In general Notwithstanding any other provision of law, no United States Government assistance, in- cluding United States foreign assistance, United States export assistance, and any United States credit or guarantees shall be available for exports to Cuba or for commer- cial exports to Iran, Libya, North Korea, or Sudan. (2) Rule of construction Nothing in paragraph (1) shall be construed to alter, modify, or otherwise affect the provi- sions of section 6039 of this title or any other provision of law relating to Cuba in effect on the day before October 28, 2000. (3) Waiver The President may waive the application of paragraph (1) with respect to Iran, Libya, North Korea, and Sudan to the degree the President determines that it is in the national security interest of the United States to do so, or for humanitarian reasons. (b) Prohibition on financing of agricultural sales to Cuba (1) In general No United States person may provide pay- ment or financing terms for sales of agricul- tural commodities or products to Cuba or any person in Cuba, except in accordance with the following terms (notwithstanding part 515 of title 31, Code of Federal Regulations, or any other provision of law): (A) Payment of cash in advance. (B) Financing by third country financial institutions (excluding United States per- sons or Government of Cuba entities), except that such financing may be confirmed or ad- vised by a United States financial institu- tion. Nothing in this paragraph authorizes payment terms or trade financing involving a debit or credit to an account of a person located in Cuba or of the Government of Cuba main- tained on the books of a United States deposi- tory institution. (2) Penalties Any private person or entity that violates paragraph (1) shall be subject to the penalties provided in the Trading With the Enemy Act [50 U.S.C. 4301 et seq.] for violations under that Act. (3) Administration and enforcement The President shall issue such regulations as are necessary to carry out this section, except that the President, in lieu of issuing new regu- lations, may apply any regulations in effect on October 28, 2000, pursuant to the Trading With the Enemy Act [50 U.S.C. 4301 et seq.], with re- spect to the conduct prohibited in paragraph (1). (4) Definitions In this subsection— (A) the term ‘‘financing’’ includes any loan or extension of credit; (B) the term ‘‘United States depository in- stitution’’ means any entity (including its foreign branches or subsidiaries) organized under the laws of any jurisdiction within the United States, or any agency, office or branch located in the United States of a for- eign entity, that is engaged primarily in the business of banking (including a bank, sav- ings bank, savings association, credit union, Page 1940 TITLE 22—FOREIGN RELATIONS AND INTERCOURSE § 7208 trust company, or United States bank hold- ing company); and (C) the term ‘‘United States person’’ means the Federal Government, any State or local government, or any private person or entity of the United States. (Pub. L. 106–387, § 1(a) [title IX, § 908], Oct. 28, 2000, 114 Stat. 1549, 1549A–70.) Editorial Notes REFERENCES IN TEXT The Trading With the Enemy Act, referred to in sub- sec. (b)(2), (3), is act Oct. 6, 1917, ch. 106, 40 Stat. 411, which is classified to chapter 53 (§ 4301 et seq.) of Title 50, War and National Defense. For complete classifica- tion of this Act to the Code, see Tables. Executive Documents DETERMINATION AND WAIVER OF APPLICATION OF SECTION 908(a)(1) OF THE TRADE SANCTIONS REFORM AND EX- PORT ENHANCEMENT ACT OF 2000 WITH RESPECT TO LIBYA Determination of President of the United States, No. 2004–49, Sept. 20, 2004, 69 F.R. 58035, provided: Memorandum for the Secretary of State[,] the Sec- retary of Agriculture[, and] the Secretary of Commerce By virtue of the authority vested in me by the Con- stitution and laws of the United States, including sec- tion 908(a)(3) of the Trade Sanctions Reform and Export Enhancement Act of 2000, title IX, Public Law 106–387 [22 U.S.C. 7207(a)(3)] (TSRA), I hereby determine that waiver of the application of section 908(a)(1) of TSRA with respect to Libya is in the national security inter- est of the United States and hereby waive the applica- tion of that section with respect to Libya. The Secretary of State is hereby authorized and di- rected to report this determination and waiver to the Congress and to arrange for its publication in the Fed- eral Register. GEORGE W. BUSH. PRESIDENTIAL DETERMINATION ON SUDAN Determination of President of the United States, No. 2011–05, Nov. 19, 2010, 75 F.R 75865, provided: Memorandum for the Secretary of State [and the] President of the Export-Import Bank of the United States By the authority vested in me as President by the Constitution and the laws of the United States of America, including section 908(a)(3) of the Trade Sanc- tions Reform and Export Enhancement Act of 2000, title IX, Public Law 106–387, as amended, 22 U.S.C. 7207(a)(3) (TSRA), I hereby determine it is in the na- tional security interest of the United States to waive the application of section 908(a)(1) of TSRA to allow ex- port assistance to be made available for the export of computers and related equipment that enables the United Nations to facilitate the referendum in South- ern Sudan pursuant to the Comprehensive Peace Agree- ment. The Secretary of State is hereby authorized and di- rected to publish this determination in the Federal Register. BARACK OBAMA. § 7208. Prohibition on additional imports from Cuba Nothing in this chapter shall be construed to alter, modify, or otherwise affect the provisions of section 515.204 of title 31, Code of Federal Reg- ulations, relating to the prohibition on the entry into the United States of merchandise that: (1) is of Cuban origin; (2) is or has been lo- cated in or transported from or through Cuba; or (3) is made or derived in whole or in part of any article which is the growth, produce, or manu- facture of Cuba. (Pub. L. 106–387, § 1(a) [title IX, § 909], Oct. 28, 2000, 114 Stat. 1549, 1549A–71.) § 7209. Requirements relating to certain travel- related transactions with Cuba (a) Authorization of travel relating to commer- cial sales of agricultural and medical goods The Secretary of the Treasury shall promul- gate regulations under which the travel-related transactions listed in paragraph (c) of section 515.560 of title 31, Code of Federal Regulations, are authorized by general license for travel to, from, or within Cuba for the marketing and sale of agricultural and medical goods pursuant to the provisions of this chapter. (b) Prohibition on travel relating to tourist ac- tivities (1) In general Notwithstanding any other provision of law or regulation, the Secretary of the Treasury, or any other Federal official, may not author- ize the travel-related transactions listed in subsection (c) of section 515.560 of title 31, Code of Federal Regulations, either by a gen- eral license or on a case-by-case basis by a spe- cific license for travel to, from, or within Cuba for tourist activities. (2) Definition In this subsection, the term ‘‘tourist activi- ties’’ means any activity with respect to trav- el to, from, or within Cuba that is not ex- pressly authorized in subsection (a) of this sec- tion, in any of paragraphs (1) through (12) of section 515.560 of title 31, Code of Federal Reg- ulations, or in any section referred to in any of such paragraphs (1) through (12) (as such sections were in effect on June 1, 2000). (Pub. L. 106–387, § 1(a) [title IX, § 910], Oct. 28, 2000, 114 Stat. 1549, 1549A–71; Pub. L. 111–8, div. D, title VI, § 620, Mar. 11, 2009, 123 Stat. 677.) Editorial Notes AMENDMENTS 2009—Subsec. (a). Pub. L. 111–8 amended subsec. (a) generally. Prior to amendment, text read as follows: ‘‘The Secretary of the Treasury shall promulgate regu- lations under which the travel-related transactions listed in subsection (c) of section 515.560 of title 31, Code of Federal Regulations, may be authorized on a case-by-case basis by a specific license for travel to, from, or within Cuba for the commercial export sale of agricultural commodities pursuant to the provisions of this chapter.’’ § 7210. Application of the Trade Sanctions Re- form and Export Enhancement Act Nothing in the Trade Sanctions Reform and Export Enhancement Act of 2000 [22 U.S.C. § 7201 et seq.] shall limit the application or scope of any law establishing criminal or civil penalties, including any Executive order or regulation pro- mulgated pursuant to such laws (or similar or successor laws), for the unlawful export of any agricultural commodity, medicine, or medical device to—