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22 U.S.C. § 8742 — Identification of, and imposition of sanc-

Federal law — U.S. Code and appendices · legal_authorities

22 U.S.C. § 8742 — Identification of, and imposition of sanc-

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Source file: Laws/federal/codes/united-states-code-2024/title-22/section-8742-identification-of-and-imposition-of-sanc--fda72c1c85.md
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Page 2128 TITLE 22—FOREIGN RELATIONS AND INTERCOURSE § 8742 (4) a transaction relating to the manufac- ture, procurement, or sale of goods, services, and technology relating to Iran’s petro- chemical sector; or (5) a transaction relating to the procure- ment of sensitive technologies (as defined in section 8515(c) of this title). (d) Exclusion from United States (1) In general Subject to paragraph (2), the Secretary of State shall deny a visa to, and the Secretary of Homeland Security shall exclude from the United States, any alien who, on or after Au- gust 10, 2012, is a foreign person designated pursuant to subsection (a) for the imposition of sanctions pursuant to the International Emergency Economic Powers Act (50 U.S.C. 1701 et seq.). (2) Regulatory exceptions to comply with inter- national obligations The requirement to deny visas to and ex- clude aliens from the United States pursuant to paragraph (1) shall be subject to such regu- lations as the President may prescribe, includ- ing regulatory exceptions to permit the United States to comply with the Agreement between the United Nations and the United States of America regarding the Headquarters of the United Nations, signed June 26, 1947, and entered into force November 21, 1947, and other applicable international obligations. (e) Waiver of imposition of sanctions (1) In general The President may waive the application of subsection (a) or (d) with respect to a foreign person if the President— (A) determines that it is vital to the na- tional security interests of the United States to do so; and (B) submits to the appropriate congres- sional committees a report that— (i) identifies the foreign person with re- spect to which the waiver applies; and (ii) sets forth the reasons for the deter- mination. (2) Form of report A report submitted under paragraph (1)(B) shall be submitted in unclassified form but may contain a classified annex. (f) Rule of construction Nothing in this section shall be construed to remove any sanction of the United States in force with respect to Iran’s Revolutionary Guard Corps as of August 10, 2012. (Pub. L. 112–158, title III, § 301, Aug. 10, 2012, 126 Stat. 1241.) TERMINATION OF SECTION For termination of section, see section 8785(a) of this title. Editorial Notes REFERENCES IN TEXT The International Emergency Economic Powers Act, referred to in subsecs. (a)(2) and (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 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. § 8742. Identification of, and imposition of sanc- tions with respect to, persons that support or conduct certain transactions with Iran’s Rev- olutionary Guard Corps or other sanctioned persons (a) Identification (1) In general Not later than 90 days after August 10, 2012, and every 180 days thereafter, the President shall submit to the appropriate congressional committees a report identifying foreign per- sons that the President determines, on or after August 10, 2012, knowingly— (A) materially assist, sponsor, or provide financial, material, or technological support for, or goods or services in support of, Iran’s Revolutionary Guard Corps or any of its offi- cials, agents, or affiliates the property and interests in property of which are blocked pursuant to the International Emergency Economic Powers Act (50 U.S.C. 1701 et seq.); (B) engage in a significant transaction or transactions with Iran’s Revolutionary Guard Corps or any of its officials, agents, or affiliates— (i) the property and interests in property of which are blocked pursuant to that Act; or (ii) that are identified under section 8741(a)(1) of this title or pursuant to para- graph (4)(A) of section 8513(c) of this title, as added by section 312; or (C) engage in a significant transaction or transactions with— (i) a person subject to financial sanc- tions pursuant to United Nations Security Council Resolution 1737 (2006), 1747 (2007), 1803 (2008), or 1929 (2010), or any other reso- lution that is adopted by the Security Council and imposes sanctions with re- spect to Iran or modifies such sanctions; or (ii) a person acting on behalf of or at the direction of, or owned or controlled by, a person described in clause (i). (2) Form of report A report submitted under paragraph (1) shall be submitted in unclassified form but may contain a classified annex. (3) Barter transactions For purposes of paragraph (1), the term ‘‘transaction’’ includes a barter transaction. (b) Imposition of sanctions If the President determines under subsection (a)(1) that a foreign person has knowingly en- gaged in an activity described in that sub- section, the President— (1) shall impose 5 or more of the sanctions described in section 6(a) of the Iran Sanctions Act of 1996, as amended by section 204; and (2) may impose additional sanctions pursu- ant to the International Emergency Economic Powers Act (50 U.S.C. 1701 et seq.) with respect to the person. Page 2129 TITLE 22—FOREIGN RELATIONS AND INTERCOURSE § 8743 (c) Termination The President may terminate a sanction im- posed with respect to a foreign person pursuant to subsection (b) if the President determines that the person— (1) no longer engages in the activity for which the sanction was imposed; and (2) has provided assurances to the President that the person will not engage in any activity described in subsection (a)(1) in the future. (d) Waiver of imposition of sanctions (1) In general The President may waive the imposition of sanctions under subsection (b) with respect to a foreign person if the President— (A)(i) determines that the person has ceased the activity for which sanctions would otherwise be imposed and has taken measures to prevent a recurrence of the ac- tivity; or (ii) determines that it is essential to the national security interests of the United States to do so; and (B) submits to the appropriate congres- sional committees a report that— (i) identifies the foreign person with re- spect to which the waiver applies; (ii) describes the activity that would otherwise subject the foreign person to the imposition of sanctions under subsection (b); and (iii) sets forth the reasons for the deter- mination. (2) Form of report A report submitted under paragraph (1)(B) shall be submitted in unclassified form but may contain a classified annex. (e) Waiver of identifications and designations Notwithstanding any other provision of this subchapter and subject to paragraph (2), the President shall not be required to make any identification of a foreign person under sub- section (a) or any identification or designation of a foreign person under section 8741(a) of this title if the President— (1) determines that doing so would cause damage to the national security of the United States; and (2) notifies the appropriate congressional committees of the exercise of the authority provided under this subsection. (f) Application of provisions of Iran Sanctions Act of 1996 The following provisions of the Iran Sanctions Act of 1996, as amended by this Act, apply with respect to the imposition under subsection (b)(1) of sanctions relating to activities described in subsection (a)(1) to the same extent that such provisions apply with respect to the imposition of sanctions under section 5(a) of the Iran Sanc- tions Act of 1996: (1) Subsections (c) and (e) of section 4. (2) Subsections (c), (d), and (f) of section 5. (3) Section 8. (4) Section 9. (5) Section 11. (6) Section 12. (7) Subsection (b) of section 13. (8) Section 14. (Pub. L. 112–158, title III, § 302, Aug. 10, 2012, 126 Stat. 1243.) TERMINATION OF SECTION For termination of section, see section 8785(a) of this title. Editorial Notes REFERENCES IN TEXT The International Emergency Economic Powers Act, referred to in subsecs. (a)(1)(A), (B)(i) and (b)(2), 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 classifica- tion of this Act to the Code, see Short Title note set out under section 1701 of Title 50 and Tables. Section 8513(c) of this title, as added by section 312, referred to in subsec. (a)(1)(B)(ii), means section 8513(c) of this title, as added by section 312 of Pub. L. 112–158. The Iran Sanctions Act of 1996, referred to in subsecs. (b)(1) and (f), is Pub. L. 104–172, Aug. 5, 1996, 110 Stat. 1541, which is set out as a note under section 1701 of Title 50, War and National Defense. Section 6(a) of the Act, as amended by section 204, is section 6(a) of Pub. L. 104–172, as amended by section 204 of Pub. L. 112–158. This Act, referred to in subsec. (f), is Pub. L. 112–158, Aug. 10, 2012, 126 Stat. 1214, known as the Iran Threat Reduction and Syria Human Rights Act of 2012, which is classified principally to this chapter. For complete classification of this Act to the Code, see Short Title note set out under section 8701 of this title and Tables. § 8743. Identification of, and imposition of meas- ures with respect to, foreign government agencies carrying out activities or trans- actions with certain Iran-affiliated persons (a) Identification (1) In general Not later than 120 days after August 10, 2012, and every 180 days thereafter, the President shall submit to the appropriate congressional committees a report that identifies each agen- cy of the government of a foreign country (other than Iran) that the President deter- mines knowingly and materially assisted, sponsored, or provided financial, material, or technological support for, or goods or services in support of, or knowingly and materially en- gaged in a significant transaction with, any person described in paragraph (2). (2) Person described A person described in this paragraph is— (A) a foreign person that is an official, agent, or affiliate of Iran’s Revolutionary Guard Corps that is designated for the impo- sition of sanctions pursuant to the Inter- national Emergency Economic Powers Act (50 U.S.C. 1701 et seq.); (B) a foreign person that is designated and subject to financial sanctions pursuant to— (i) the Annex of United Nations Security Council Resolution 1737 (2006); (ii) Annex I of United Nations Security Council Resolution 1747 (2007); (iii) Annex I, II, or III of United Nations Security Council Resolution 1803 (2008); (iv) Annex I, II, or III of United Nations Security Council Resolution 1929 (2010); or (v) any subsequent and related United Nations Security Council resolution, or

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Federal law — U.S. Code and appendices · legal_authorities

22 U.S.C. § 8742 — Identification of, and imposition of sanctions with respect to, officials, agents, and affiliates of Iran’s Revolutionary Guard Corps

**(a) In general** Not later than 90 days after August 10, 2012, and as appropriate thereafter, the President shall— (1) identify foreign persons that are officials, agents, or affiliates of Iran’s Revolutionary Guard Corps; and (2) for each foreign person identified under paragraph (1) that is not already designated for the imposition of sanctions pursuant to the International Emergency Economic Powers Act ([50 U.S.C. 1701](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title50-section1701&num=0&edition=prelim) et seq.)— (A) designate that foreign person for the imposition of sanctions pursuant to that Act; and (B) block and prohibit all transactions in all property and interests in property of that 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) Priority for investigation** In identifying foreign persons pursuant to subsection (a)(1) as officials, agents, or affiliates of Iran’s Revolutionary Guard Corps, the President shall give priority to investigating— (1) foreign persons or entities identified under section 560.304 of title 31, Code of Federal Regulations (relating to the definition of the Government of Iran); and (2) foreign persons for which there is a reasonable basis to find that the person has conducted or attempted to conduct one or more sensitive transactions or activities described in subsection (c). **(c) Sensitive transactions and activities described** A sensitive transaction or activity described in this subsection is— (1) a financial transaction or series of transactions valued at more than $1,000,000 in the aggregate in any 12-month period involving a non-Iranian financial inst

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Federal law — U.S. Code and appendices · legal_authorities

50 U.S.C. § 1701 — Unusual and extraordinary threat; declaration of national emergency; exercise of Presidential authorities

**(a)** Any authority granted to the President by [section 1702 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title50-section1702&num=0&edition=prelim) may be exercised to deal with any unusual and extraordinary threat, which has its source in whole or substantial part outside the United States, to the national security, foreign policy, or economy of the United States, if the President declares a national emergency with respect to such threat. **(b)** The authorities granted to the President by [section 1702 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title50-section1702&num=0&edition=prelim) may only be exercised to deal with an unusual and extraordinary threat with respect to which a national emergency has been declared for purposes of this chapter and may not be exercised for any other purpose. Any exercise of such authorities to deal with any new threat shall be based on a new declaration of national emergency which must be with respect to such threat.

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Federal law — U.S. Code and appendices · legal_authorities

50 U.S.C. § 1701 — Unusual and extraordinary threat; dec-

Page 151 TITLE 50—WAR AND NATIONAL DEFENSE § 1701 CHAPTER 35—INTERNATIONAL EMERGENCY ECONOMIC POWERS Sec. 1701. Unusual and extraordinary threat; declara- tion of national emergency; exercise of Presidential authorities. 1702. Presidential authorities. 1703. Consultation and reports. 1704. Authority to issue regulations. 1705. Penalties. 1706. Savings provisions. 1707. Multinational economic embargoes against governments in armed conflict with the United States. 1708. Actions to address economic or industrial es- pionage in cyberspace. 1709. Imposition of sanctions with respect to theft of trade secrets of United States persons. 1710. Confronting asymmetric and malicious cyber activities. § 1701. Unusual and extraordinary threat; dec- laration of national emergency; exercise of Presidential authorities (a) Any authority granted to the President by section 1702 of this title may be exercised to deal with any unusual and extraordinary threat, which has its source in whole or substantial part outside the United States, to the national secu- rity, foreign policy, or economy of the United States, if the President declares a national emergency with respect to such threat. (b) The authorities granted to the President by section 1702 of this title may only be exer- cised to deal with an unusual and extraordinary threat with respect to which a national emer- gency has been declared for purposes of this chapter and may not be exercised for any other purpose. Any exercise of such authorities to deal with any new threat shall be based on a new dec- laration of national emergency which must be with respect to such threat. (Pub. L. 95–223, title II, § 202, Dec. 28, 1977, 91 Stat. 1626.) Statutory Notes and Related Subsidiaries SHORT TITLE

Source: Supplied 2024 U.S. Code historical extraction · 50 U.S.C. § 1701

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