1. U.S. Code
  2. title 22
  3. chapter 79
  4. § 7202

Collapse to view only § 7202. Restriction

§ 7201. Definitions
In this chapter:
(1) Agricultural commodity
(2) Agricultural program
The term “agricultural program” means—
(A) any program administered under the Food for Peace Act (7 U.S.C. 1691 et seq.);
(B) any program administered under section 1431 of title 7;
(C) any program administered under the Agricultural Trade Act of 1978 (7 U.S.C. 5601 et seq.);
(D) any commercial export sale of agricultural commodities; or
(E) any export financing (including credits or credit guarantees) provided by the United States Government for agricultural commodities.
(3) Joint resolution
The term “joint resolution” means—
(A) in the case of section 7202(a)(1) of this title, only a joint resolution introduced within 10 session days of Congress after the date on which the report of the President under section 7202(a)(1) of this title is received by Congress, the matter after the resolving clause of which is as follows: “That Congress approves the report of the President pursuant to section 903(a)(1) of the Trade Sanctions Reform and Export Enhancement Act of 2000, transmitted on _______.”, with the blank completed with the appropriate date; and
(B) in the case of section 7205(1) 1
1 So in original. Probably should be section “7204”.
of this title, only a joint resolution introduced within 10 session days of Congress after the date on which the report of the President under section 7205(2) 1 of this title is received by Congress, the matter after the resolving clause of which is as follows: “That Congress approves the report of the President pursuant to section 906(1) of the Trade Sanctions Reform and Export Enhancement Act of 2000, transmitted on _______.”, with the blank completed with the appropriate date.
(4) Medical device
(5) Medicine
(6) Unilateral agricultural sanction
The term “unilateral agricultural sanction” means any prohibition, restriction, or condition 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 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 Nations Security Council.
(7) Unilateral medical sanction
The term “unilateral medical sanction” means any prohibition, restriction, or condition on exports of, or the provision of assistance consisting of, medicine or a medical device with respect to a foreign country or foreign 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 Nations 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.)

CITE AS: 22 USC 7201

§ 7202. Restriction
(a) New sanctionsExcept as provided in sections 7203 and 7204 of this title and notwithstanding any other provision of law, the President may not impose a unilateral agricultural sanction or unilateral medical sanction against a foreign country or foreign entity, unless—
(1) not later than 60 days before the sanction is proposed to be imposed, the President submits 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 resolution stating the approval of Congress for the report submitted under paragraph (1).
(b) Existing sanctions
(Pub. L. 106–387, § 1(a) [title IX, § 903], Oct. 28, 2000, 114 Stat. 1549, 1549A–68.)

CITE AS: 22 USC 7202

§ 7203. Exceptions
(1) against a foreign country or foreign entity—
(A) pursuant to a declaration of war against the country or entity;
(B) pursuant to specific statutory authorization for the use of the Armed Forces of the United States against the country or entity;
(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 hostilities 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, medicine, or medical device that is—
(A) controlled on the United States Munitions List established under section 2778 of this title;
(B) controlled on any control list established under the Export Administration Act of 1979 or any successor statute (50 U.S.C. App. 2401 et seq.); 1
1 See References in Text note below.
or
(C) used to facilitate the design, development, or production of chemical or biological 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.)

CITE AS: 22 USC 7203

§ 7204. Termination of sanctionsAny unilateral agricultural sanction or unilateral 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 effective 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 approval by Congress of the recommendation; and
(2) there is enacted into law a joint resolution 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.)

CITE AS: 22 USC 7204

§ 7205. State sponsors of international terrorism
(a) Requirement
(1) In general
(2) Exception
(b) Quarterly reports
(c) Biennial reports
Not later than 2 years after October 28, 2000, and every 2 years thereafter, the applicable department or agency of the Federal Government shall submit a report to the appropriate congressional committees on the operation of the licensing system under this section for the preceding 2-year period, including—
(1) the number and types of licenses applied for;
(2) the number and types of licenses approved;
(3) the average amount of time elapsed from the date of filing of a license application until the date of its approval;
(4) the extent to which the licensing procedures 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.)

CITE AS: 22 USC 7205

§ 7206. Congressional procedures
(a) Referral of report
(b) Referral of joint resolution
(1) In general
(2) Reporting date
(Pub. L. 106–387, § 1(a) [title IX, § 907], Oct. 28, 2000, 114 Stat. 1549, 1549A–70.)

CITE AS: 22 USC 7206

§ 7207. Prohibition on United States assistance and financing
(a) Prohibition on United States assistance
(1) In general
(2) Rule of construction
(3) Waiver
(b) Prohibition on financing of agricultural sales to Cuba
(1) In general
No United States person may provide payment or financing terms for sales of agricultural 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 persons or Government of Cuba entities), except that such financing may be confirmed or advised by a United States financial institution.
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 maintained on the books of a United States depository institution.
(2) Penalties
(3) Administration and enforcement
(4) Definitions
In this subsection—
(A) the term “financing” includes any loan or extension of credit;
(B) the term “United States depository institution” 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 foreign entity, that is engaged primarily in the business of banking (including a bank, savings bank, savings association, credit union, trust company, or United States bank holding 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.)

CITE AS: 22 USC 7207

§ 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 Regulations, relating to the prohibition on the entry into the United States of merchandise that: (1) is of Cuban origin; (2) is or has been located 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 manufacture of Cuba.

(Pub. L. 106–387, § 1(a) [title IX, § 909], Oct. 28, 2000, 114 Stat. 1549, 1549A–71.)

CITE AS: 22 USC 7208

§ 7209. Requirements relating to certain travel-related transactions with Cuba
(a) Authorization of travel relating to commercial sales of agricultural and medical goods
(b) Prohibition on travel relating to tourist activities
(1) In general
(2) Definition
(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.)

CITE AS: 22 USC 7209

§ 7210. Application of the Trade Sanctions Reform 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 promulgated pursuant to such laws (or similar or successor laws), for the unlawful export of any agricultural commodity, medicine, or medical device to—
(1) a foreign organization, group, or person designated pursuant to Executive Order No. 12947 of January 23, 1995, as amended;
(2) a Foreign Terrorist Organization pursuant to the Antiterrorism and Effective Death Penalty Act of 1996 (Public Law 104–132);
(3) a foreign organization, group, or person designated pursuant to Executive Order No. 13224 (September 23, 2001);
(4) any narcotics trafficking entity designated pursuant to Executive Order No. 12978 (October 21, 1995) or the Foreign Narcotics Kingpin Designation Act (Public Law 106–120) [21 U.S.C. § 1901 et seq.]; or
(5) any foreign organization, group, or persons subject to any restriction for its involvement in weapons of mass destruction or missile proliferation.
(Pub. L. 107–56, title II, § 221(b), Oct. 26, 2001, 115 Stat. 292.)

CITE AS: 22 USC 7210

§ 7211. Technical clarification relating to provision of material support to terrorism

No provision of the Trade Sanctions Reform and Export Enhancement Act of 2000 (title IX of Public Law 106–387) [22 U.S.C. § 7201 et seq.] shall be construed to limit or otherwise affect section 2339A or 2339B of title 18.

(Pub. L. 107–56, title VIII, § 807, Oct. 26, 2001, 115 Stat. 378.)

CITE AS: 22 USC 7211