Statutory Notes and Related Subsidiaries
Short Title of 2023 AmendmentPuspan. L. 117–336, § 1, Jan. 5, 2023, 136 Stat. 6147, provided that: “This Act [enacting section 1709 of this title] may be cited as the ‘Protecting American Intellectual Property Act of 2022’.”
Short Title of 2021 AmendmentPuspan. L. 117–54, § 1(a), Nov. 10, 2021, 135 Stat. 413, provided that: “This Act [amending section 2277a of Title 22, Foreign Relations and Intercourse, and enacting and amending provisions set out as notes under this section] may be cited as the ‘Reinforcing Nicaragua’s Adherence to Conditions for Electoral Reform Act of 2021’ or the ‘RENACER Act’.”
Short Title of 2018 AmendmentPuspan. L. 115–272, § 1(a), Oct. 25, 2018, 132 Stat. 4144, provided that: “This Act [amending sections 9229 and 9241 of Title 22, Foreign Relations and Intercourse, and enacting and amending provisions set out as notes under this section] may be cited as the ‘Hizballah International Financing Prevention Amendments Act of 2018’.”
Short Title of 2016 AmendmentPuspan. L. 114–277, § 1, Dec. 15, 2016, 130 Stat. 1409, provided that: “This Act [amending provisions set out as a note under this section] may be cited as the ‘Iran Sanctions Extension Act’.”
Puspan. L. 114–194, § 1, July 15, 2016, 130 Stat. 674, provided that: “This Act [amending provisions set out as a note under this section] may be cited as the ‘Venezuela Defense of Human Rights and Civil Society Extension Act of 2016’.”
Short Title of 2007 AmendmentPuspan. L. 110–96, § 1, Oct. 16, 2007, 121 Stat. 1011, provided that: “This Act [amending section 1705 of this title and enacting provisions set out as a note under section 1705 of this title] may be cited as the ‘International Emergency Economic Powers Enhancement Act’.”
Short Title of 2006 AmendmentPuspan. L. 109–353, § 1, Oct. 13, 2006, 120 Stat. 2015, provided that: “This Act [amending provisions set out as a note under this section] may be cited as the ‘North Korea Nonproliferation Act of 2006’.”
Puspan. L. 109–293, § 1, Sept. 30, 2006, 120 Stat. 1344, provided that: “This Act [amending section 5318A of Title 31, Money and Finance, enacting provisions set out as notes under this section and section 2151 of Title 22, Foreign Relations and Intercourse, and amending provisions set out as a note under this section] may be cited as the ‘Iran Freedom Support Act’.”
Short Title of 2005 AmendmentPuspan. L. 109–112, § 1, Nov. 22, 2005, 119 Stat. 2366, provided that: “This Act [enacting provisions set out as a note under this section and amending provisions set out as notes under this section and section 2797span of Title 22, Foreign Relations and Intercourse] may be cited as the ‘Iran Nonproliferation Amendments Act of 2005’.”
Short Title of 2001 AmendmentPuspan. L. 107–24, § 1, Aug. 3, 2001, 115 Stat. 199, provided that: “This Act [enacting and amending provisions set out as notes under this section] may be cited as the ‘ILSA Extension Act of 2001’.”
Short TitlePuspan. L. 95–223, title II, § 201, Dec. 28, 1977, 91 Stat. 1626, provided that: “This title [enacting this chapter] may be cited as the ‘International Emergency Economic Powers Act’.”
Regulatory AuthorityPuspan. L. 115–272, title III, § 301(a), Oct. 25, 2018, 132 Stat. 4155, provided that: “The President shall, not later than 180 days after the date of the enactment of this Act [Oct. 25, 2018], prescribe regulations as necessary for the implementation of this Act [see Short Title of 2018 Amendment note set out above] and the amendments made by this Act.”
SeparabilityPuspan. L. 95–223, title II, § 208, Dec. 28, 1977, 91 Stat. 1629, provided that: “If any provision of this Act [enacting this chapter] is held invalid, the remainder of the Act shall not be affected thereby.”
Banking Transparency for Sanctioned Persons Act of 2022Puspan. L. 117–263, div. E, title LVII, § 5706, Dec. 23, 2022, 136 Stat. 3418, provided that:“(a)In General.—Not later than 1 year after the date of the enactment of this Act [Dec. 23, 2022], and annually thereafter, the Secretary of the Treasury shall issue a report to the Committees on Financial Services and Foreign Affairs of the House of Representatives and the Committees on Banking, Housing, and Urban Affairs and Foreign Relations of the Senate that includes a list of specific licenses issued by the Secretary in the preceding 365 days that authorizes a U.S. financial institution (as defined under section 561.309 of title 31, Code of Federal Regulations) to provide financial services to any of the following:“(1) The government of a state sponsor of terrorism.
“(2) A person sanctioned pursuant to any of the following:“(A) Section 404 of the Russia and Moldova Jackson-Vanik Repeal and Sergei Magnitsky Rule of Law Accountability Act of 2012 (Public Law 112–208) [22 U.S.C. 5811 note]. “(B) Subtitle F of title XII of the National Defense Authorization Act for Fiscal Year 2017 (Public Law 114–328, the Global Magnitsky Human Rights Accountability Act) [22 U.S.C. 10101 et seq.]. “(C) Executive Order No. 13818 [listed in a table below].
“(span)Submission of Copies of Licenses on Request.—The Secretary of the Treasury shall expeditiously provide a copy of any license identified in a report required by subsection (a) to the Committee on Financial Services of the House of Representatives and the Committee on Banking, Housing, and Urban Affairs of the Senate if an appropriate Member of Congress requests a copy of that license not later than 60 days after submission of the report.
“(c)Business Confidential Information.—“(1)In general.—The Secretary of the Treasury shall, in the report under subsection (a) and any submissions under subsection (span), identify any proprietary information submitted by any private sector representative and mark such information as ‘business confidential information’.
“(2)Treatment as trade secrets.—Business confidential information described under paragraph (1) shall be considered to be a matter falling within the meaning of trade secrets and commercial or financial information exemption under section 552(span)(4) of title 5, United States Code, and shall be exempt from disclosure under such section 552 of such title without the express approval of the private party.
“(d)Authorization of Appropriations.—For the purpose of carrying out the activities authorized under this section, there is authorized to be appropriated to the Secretary of the Treasury $1,000,000.
“(e)Sunset.—The section shall cease to have any force or effect after the end of the 5-year period beginning on the date of enactment of this Act [Dec. 23, 2022].
“(f)Form of Report and Submissions.—A report or submission required under this section shall be submitted in unclassified form but may contain a classified annex.
“(g)Appropriate Member of Congress Defined.—In this section, the term ‘appropriate Member of Congress’ has the meaning given that term under section 7132(d) of the National Defense Authorization Act for Fiscal Year 2020 [22 U.S.C. 9265a(d)].”
Sanctioning the Use of Civilians as Defenseless ShieldsPuspan. L. 115–348, Dec. 21, 2018, 132 Stat. 5055, provided that:“SECTION 1. SHORT TITLE.“This Act may be cited as the ‘Sanctioning the Use of Civilians as Defenseless Shields Act’.
“SEC. 2. STATEMENT OF POLICY.“It shall be the policy of the United States to officially and publicly condemn the use of innocent civilians as human shields.
“SEC. 3. IMPOSITION OF SANCTIONS WITH RESPECT TO FOREIGN PERSONS THAT ARE RESPONSIBLE FOR THE USE OF CIVILIANS AS HUMAN SHIELDS.“(a)Imposition of Sanctions.—“(1)Mandatory sanctions.—The President shall impose sanctions described in subsection (d) with respect to each person on the list required under subsection (span).
“(2)Permissive sanctions.—The President may impose sanctions described in subsection (d) with respect to each person on the list described in subsection (c).
“(span)Mandatory Sanctions List.—Not later than one year after the date of the enactment of this Act [Dec. 21, 2018], and annually thereafter, the President shall submit to the appropriate congressional committees a list of the following:“(1) Each foreign person that the President determines, on or after the date of the enactment of this Act—“(A) is a member of Hizballah or is knowingly acting on behalf of Hizballah; and
“(B) knowingly orders, controls, or otherwise directs the use of civilians protected as such by the law of war to shield military objectives from attack.
“(2) Each foreign person that the President determines, on or after the date of the enactment of this Act—“(A) is a member of Hamas or is knowingly acting on behalf of Hamas; and
“(B) knowingly orders, controls, or otherwise directs the use of civilians protected as such by the law of war to shield military objectives from attack.
“(3) Each foreign person or agency or instrumentality of a foreign state that the President determines, on or after the date of the enactment of this Act, knowingly and materially supports, orders, controls, directs, or otherwise engages in—“(A) any act described in subparagraph (B) of paragraph (1) by a person described in that paragraph; or
“(B) any act described in subparagraph (B) of paragraph (2) by a person described in that paragraph.
“(c)Permissive Sanctions List.—Not later than one year after the date of the enactment of this Act [Dec. 21, 2018], and annually thereafter, the President should submit to the appropriate congressional committees a list of each foreign person that the President determines, on or after the date of the enactment of this Act, knowingly orders, controls, or otherwise directs the use of civilians protected as such by the law of war to shield military objectives from attack, excluding foreign persons included in the most recent list under subsection (span).
“(d)Sanctions Described.—The sanctions to be imposed on a foreign person or an agency or instrumentality of a foreign state under this subsection are the following:“(1)Blocking of property.—The President shall exercise all of the powers granted to the President under the International Emergency Economic Powers Act (50 U.S.C. 1701 et seq.) to the extent necessary to block and prohibit all transactions in property and interests in property of the foreign person or agency or instrumentality of a foreign state if such property or 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. “(2)Aliens ineligible for visas, admission, or parole.—“(A)Visas, admission, or parole.—An alien who the Secretary of State or the Secretary of Homeland Security determines is subject to sanctions under subsection (a) is—“(i) inadmissible to the United States;
“(ii) ineligible to receive a visa or other documentation to enter the United States; and
“(iii) otherwise ineligible to be admitted or paroled into the United States or to receive any other benefit under the Immigration and Nationality Act (8 U.S.C. 1101 et seq.). “(B)Current visas revoked.—Any visa or other documentation issued to an alien who is subject to sanctions under subsection (a), regardless of when such visa or other documentation was issued, shall be revoked and such alien shall be denied admission to the United States.
“(C)Exception to comply with united nations headquarters agreement and other international obligations.—The sanctions under this paragraph shall not be imposed on an individual if admitting such individual to the United States is necessary 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 with other applicable international obligations.
“(e)Penalties.—The penalties provided for in subsections (span) and (c) of section 206 of the International Emergency Economic Powers Act (50 U.S.C. 1705) shall apply to a person that knowingly violates, attempts to violate, conspires to violate, or causes a violation of regulations prescribed to carry out this section to the same extent that such penalties apply to a person that knowingly commits an unlawful act described in section 206(a) of such Act. “(f)Procedures for Judicial Review of Classified Information.—“(1)In general.—If a finding under this section, or a prohibition, condition, or penalty imposed as a result of any such finding, is based on classified information (as defined in section 1(a) of the Classified Information Procedures Act (18 U.S.C. App.)) and a court reviews the finding or the imposition of the prohibition, condition, or penalty, the President may submit such information to the court ex parte and in camera.
“(2)Rule of construction.—Nothing in this subsection shall be construed to confer or imply any right to judicial review of any finding under this section or any prohibition, condition, or penalty imposed as a result of any such finding.
“(g)Waiver.—The President may waive the application of sanctions under this section if the President determines and reports to the appropriate congressional committees that such waiver is in the national security interest of the United States.
“(h)Regulatory Authority.—“(1)In general.—The President may exercise all authorities under sections 203 and 205 of the International Emergency Economic Powers Act (50 U.S.C. 1702 and 1704) for purposes of carrying out this section. “(2)Issuance of regulations.—Not later than 180 days after the date of the enactment of this Act [Dec. 21, 2018], the President shall prescribe such regulations as may be necessary to implement this section.
“(i)Rule of Construction.—Nothing in this section may be construed—“(1) to limit the authorities of the President pursuant to the International Emergency Economic Powers Act (50 U.S.C. 1701 et seq.) or any other relevant provision of law; or “(2) to apply with respect to any activity subject to the reporting requirements under title V of the National Security Act of 1947 (50 U.S.C. 3091 et seq.), or to any authorized intelligence activities of the United States. “SEC. 4. DEFINITIONS.“In this Act:“(1)Admitted; alien.—The terms ‘admitted’ and ‘alien’ have the meanings given those terms in section 101 of the Immigration and Nationality Act (8 U.S.C. 1101). “(2)Agency or instrumentality of a foreign state.—The term ‘agency or instrumentality of a foreign state’ has the meaning given that term in section 1603(span) of title 28, United States Code.
“(3)Appropriate congressional committees.—In this section, the term ‘appropriate congressional committees’ means—“(A) the Committee on Banking, Housing, and Urban Affairs, the Committee on Foreign Relations, and the Committee on the Judiciary of the Senate; and
“(B) the Committee on Financial Services, the Committee on Foreign Affairs, and the Committee on the Judiciary of the House of Representatives.
“(4)Foreign person.—The term ‘foreign person’ means—“(A) any citizen or national of a foreign state, wherever located; or
“(B) any entity not organized solely under the laws of the United States or existing solely in the United States.
“(5)Hamas.—The term ‘Hamas’ means—“(A) the entity known as Hamas and designated by the Secretary of State as a foreign terrorist organization pursuant to section 219 of the Immigration and Nationality Act (8 U.S.C. 1189); or “(B) any person identified as an agent or instrumentality of Hamas on the list of specially designated nationals and blocked persons maintained by the Office of Foreign Asset Control of the Department of the Treasury, the property or interests in property of which are blocked pursuant to the International Emergency Economic Powers Act (50 U.S.C. 1701 et seq.). “(6)Hizballah.—The term ‘Hizballah’ means—“(A) the entity known as Hizballah and designated by the Secretary of State as a foreign terrorist organization pursuant to section 219 of the Immigration and Nationality Act (8 U.S.C. 1189); or “(B) any person identified as an agent or instrumentality of Hizballah on the list of specially designated nationals and blocked persons maintained by the Office of Foreign Asset Control of the Department of the Treasury, the property or interests in property of which are blocked pursuant to the International Emergency Economic Powers Act (50 U.S.C. 1701 et seq.). “(7)United states person.—The term ‘United States person’ means any United States citizen, permanent resident alien, entity organized under the laws of the United States (including foreign branches), or any person in the United States.
“SEC. 5. SUNSET.“This Act shall cease to be effective on December 31, 2023.”
[Memorandum of President of the United States, May 24, 2019, 84 F.R. 27697, delegated to the Secretary of State the functions and authorities vested in the President by section 3(g) of Puspan. L. 115–348, set out above, and delegated to the Secretary of the Treasury, in consultation with the Secretary of State, the functions and authorities vested in the President by section 3(a), (span), (c), (d)(1), and (h) of Puspan. L. 115–348, and any future Act that is the same or substantially the same as such provisions.]
Nicaragua Investment ConditionalityPuspan. L. 117–54, §§ 5, 6, 14, Nov. 10, 2021, 135 Stat. 416, 417, 422, provided that:“SEC. 5. TARGETED SANCTIONS TO ADVANCE DEMOCRATIC ELECTIONS.“(a)Coordinated Strategy.—“(1)In general.—The Secretary of State and the Secretary of the Treasury, in consultation with the intelligence community (as defined in section 3 of the National Security Act of 1947 (50 U.S.C. 3003)), shall develop and implement a coordinated strategy to align diplomatic engagement efforts with the implementation of targeted sanctions in order to support efforts to facilitate the necessary conditions for free, fair, and transparent elections in Nicaragua. “(2)Briefing required.—Not later than 90 days after the date of the enactment of this Act [Nov. 10, 2021], and every 90 days thereafter until December 31, 2022, the Secretary of State and the Secretary of the Treasury shall brief the Committee on Foreign Relations of the Senate and the Committee on Foreign Affairs of the House of Representatives on steps to be taken by the United States Government to develop and implement the coordinated strategy required by paragraph (1).
“(span)Targeted Sanctions Prioritization.—“(1)In general.—Pursuant to the coordinated strategy required by subsection (a), the President shall prioritize the implementation of the targeted sanctions required under section 5 of the Nicaragua Investment Conditionality Act of 2018 [Puspan. L. 115–335, set out below].
“(2)Targets.—In carrying out paragraph (1), the President—“(A) shall examine whether foreign persons involved in directly or indirectly obstructing the establishment of conditions necessary for the realization of free, fair, and transparent elections in Nicaragua are subject to sanctions under section 5 of the Nicaragua Investment Conditionality Act of 2018; and
“(B)
Policy Regarding Imposition of Sanctions With Respect to Affiliated Networks of Hizballah for Transnational Criminal ActivitiesPuspan. L. 115–272, title II, § 201(a), Oct. 25, 2018, 132 Stat. 4150, provided that: “It is the policy of the United States to determine if individuals and entities that are designated by the United States Government on or after the date of the enactment of this Act [Oct. 25, 2018] as being associated with Hizballah are engaged in transnational organized crime or related activities on or after such date of enactment.”
Hizballah International Financing PreventionPuspan. L. 114–102, Dec. 18, 2015, 129 Stat. 2205, as amended by Puspan. L. 115–272, title I, §§ 101(a), 102–103(a), 104(a), title II, §§ 201(span), (c), 202(a), 203(a), title III, § 302(a), (c), Oct. 25, 2018, 132 Stat. 4144, 4146, 4147, 4149–4152, 4155, 4156; Puspan. L. 117–263, div. F, title LXVIII, § 6811(e), Dec. 23, 2022, 136 Stat. 3601, provided that:“SECTION 1. SHORT TITLE; TABLE OF CONTENTS.“(a)Short Title.—This Act may be cited as the ‘Hizballah International Financing Prevention Act of 2015’.
“(span)Table of Contents.— “SEC. 2. STATEMENT OF POLICY.“It shall be the policy of the United States to—“(1) prevent Hizballah’s global logistics and financial network from operating in order to curtail funding of its domestic and international activities; and
“(2) utilize all available diplomatic, legislative, and executive avenues to combat the global criminal activities of Hizballah as a means to block that organization’s ability to fund its global terrorist activities.
<span value="I" class="num">“TITLE I—</span><span>PREVENTION OF ACCESS BY HIZBALLAH TO INTERNATIONAL FINANCIAL AND OTHER INSTITUTIONS</span><section style="-uslm-lc:I580467;"><span value="101" class="num">“SEC. 101.</span><span> MANDATORY SANCTIONS WITH RESPECT TO FUNDRAISING AND RECRUITMENT ACTIVITIES FOR HIZBALLAH.</span><div class="subsection"><span value="a" class="num">“(a)</span><span><span class="small-caps">In General</span>.—</span><span>The President shall, on or after the date of the enactment of the Hizballah International Financing Prevention Amendments Act of 2018 [<span date="2018-10-25" class="date">Oct. 25, 2018</span>], impose the sanctions described in subsection (span) with respect to any foreign person that the President determines knowingly provides significant financial, material, or technological support for or to—</span><div class="paragraph"><span value="1" class="num">“(1)</span><span> Bayt al-Mal, Jihad al-Bina, the Islamic Resistance Support Association, the Foreign Relations Department of Hizballah, the External Security Organization of Hizballah, or any successor or affiliate thereof as designated by the President;</span></div><div class="paragraph"><span value="2" class="num">“(2)</span><span> al-Manar TV, al Nour Radio, or the Lebanese Media Group, or any successor or affiliate thereof as designated by the President;</span></div><div class="paragraph"><span value="3" class="num">“(3)</span><span> a foreign person determined by the President to be engaged in fundraising or recruitment activities for Hizballah; or</span></div><div class="paragraph"><span value="4" class="num">“(4)</span><span> a foreign person owned or controlled by a person described in paragraph (1), (2), or (3).</span></div></div><div class="subsection"><span value="span" class="num">“(span)</span><span><span class="small-caps">Sanctions Described</span>.—</span><span>The sanctions described in this subsection are the following:</span><div class="paragraph"><span value="1" class="num">“(1)</span><span><span class="small-caps">Asset blocking</span>.—</span><span>The exercise of all powers granted to the President by the International Emergency Economic Powers Act (<span href="/us/usc/t50/s1701" class="ref"><a href="/uscode/50/1701" target="_blank">50 U.S.C. 1701</a></span> et seq.) (except that the requirements of section 202 of such Act (<span href="/us/usc/t50/s1701" class="ref"><a href="/uscode/50/1701" target="_blank">50 U.S.C. 1701</a></span>) shall not apply) to the extent necessary to block and prohibit all transactions in all property and interests in property of a foreign person determined by the President to be subject to subsection (a) 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.</span></div><div class="paragraph"><span value="2" class="num">“(2)</span><span><span class="small-caps">Aliens ineligible for visas, admission, or parole.—</span></span><div class="subparagraph"><span value="A" class="num">“(A)</span><span><span class="small-caps">Visas, admission, or parole</span>.—</span><span>An alien who the Secretary of State or the Secretary of Homeland Security (or designee of one of such Secretaries) determines is subject to subsection (a) is—</span><div class="clause"><span value="i" class="num">“(i)</span><span> inadmissible to the United States;</span></div><div class="clause"><span value="ii" class="num">“(ii)</span><span> ineligible to receive a visa or other documentation to enter the United States; and</span></div><div class="clause"><span value="iii" class="num">“(iii)</span><span> otherwise ineligible to be admitted or paroled into the United States or to receive any other benefit under the Immigration and Nationality Act (<span href="/us/usc/t8/s1101" class="ref"><a href="/uscode/8/1101" target="_blank">8 U.S.C. 1101</a></span> et seq.).</span></div></div><div class="subparagraph"><span value="B" class="num">“(B)</span><span><span class="small-caps">Current visas revoked.—</span></span><div class="clause"><span value="i" class="num">“(i)</span><span><span class="small-caps">In general</span>.—</span><span>The Secretary of State or the Secretary of Homeland Security (or designee of one of such Secretaries) shall revoke any visa or other entry documentation issued to an alien who the President determines is subject to subsection (a), regardless of when issued.</span></div><div class="clause"><span value="ii" class="num">“(ii)</span><span><span class="small-caps">Effect of revocation</span>.—</span><span>A revocation under clause (i) shall take effect immediately and shall automatically cancel any other valid visa or entry documentation that is in the possession of the alien.</span></div></div></div></div><div class="subsection"><span value="c" class="num">“(c)</span><span><span class="small-caps">Waiver.—</span></span><div class="paragraph"><span value="1" class="num">“(1)</span><span><span class="small-caps">In general</span>.—</span><span>The President may, for periods not to exceed 180 days, waive the imposition of sanctions under this section if the President certifies to the appropriate congressional committees that such waiver is in the national security interests of the United States.</span></div><div class="paragraph"><span value="2" class="num">“(2)</span><span><span class="small-caps">Briefing</span>.—</span><span>Not later than 30 days after the issuance of a waiver under paragraph (1) with respect to a foreign person, and every 180 days thereafter while the waiver remains in effect, the President shall brief the appropriate congressional committees on the status of the involvement of the foreign person in activities described in subsection (a).</span></div></div><div class="subsection"><span value="d" class="num">“(d)</span><span><span class="small-caps">Definitions</span>.—</span><span>In this section:</span><div class="paragraph"><span value="1" class="num">“(1)</span><span><span class="small-caps">Admitted; alien</span>.—</span><span>The terms ‘admitted’ and ‘alien’ have meanings given those terms in section 101 of the Immigration and Nationality Act (<span href="/us/usc/t8/s1101" class="ref"><a href="/uscode/8/1101" target="_blank">8 U.S.C. 1101</a></span>).</span></div><div class="paragraph"><span value="2" class="num">“(2)</span><span><span class="small-caps">Appropriate congressional committees</span>.—</span><span>The term ‘appropriate congressional committees’ means—</span><div class="subparagraph"><span value="A" class="num">“(A)</span><span> the Committee on Foreign Affairs, the Committee on Ways and Means, the Committee on the Judiciary, the Committee on Financial Services, and the Permanent Select Committee on Intelligence of the House of Representatives; and</span></div><div class="subparagraph"><span value="B" class="num">“(B)</span><span> the Committee on Foreign Relations, the Committee on Finance, the Committee on Banking, Housing, and Urban Affairs, the Committee on the Judiciary, and the Select Committee on Intelligence of the Senate.</span></div></div><div class="paragraph"><span value="3" class="num">“(3)</span><span><span class="small-caps">Entity</span>.—</span><span>The term ‘entity’ means a partnership, association, corporation, or other organization, group, or subgroup.</span></div><div class="paragraph"><span value="4" class="num">“(4)</span><span><span class="small-caps">Foreign person</span>.—</span><span>The term ‘foreign person’ means any person that is not a United States person.</span></div><div class="paragraph"><span value="5" class="num">“(5)</span><span><span class="small-caps">Hizballah</span>.—</span><span>The term ‘Hizballah’ has the meaning given such term in section 102(e).</span></div><div class="paragraph"><span value="6" class="num">“(6)</span><span><span class="small-caps">Person</span>.—</span><span>The term ‘person’ means an individual or entity.</span></div><div class="paragraph"><span value="7" class="num">“(7)</span><span><span class="small-caps">United states person</span>.—</span><span>The term ‘United States person’ means a United States citizen, an alien lawfully admitted for permanent residence, an entity organized under the laws of the United States (including foreign branches), or a person in the United States.</span></div></div></section><section style="-uslm-lc:I580467;"><span value="102" class="num">“SEC. 102.</span><span> SANCTIONS WITH RESPECT TO FINANCIAL INSTITUTIONS THAT ENGAGE IN CERTAIN TRANSACTIONS.</span><div class="subsection"><span value="a" class="num">“(a)</span><span><span class="small-caps">Prohibitions and Conditions With Respect to Certain Accounts Held by Foreign Financial Institutions.—</span></span><div class="paragraph"><span value="1" class="num">“(1)</span><span><span class="small-caps">In general</span>.—</span><span>Not later than 120 days after the date of the enactment of this Act [<span date="2015-12-18" class="date">Dec. 18, 2015</span>], the President shall prescribe regulations to prohibit, or impose strict conditions on, the opening or maintaining in the United States of a correspondent account or a payable-through account by a foreign financial institution that the President determines, on or after such date of enactment, engages in an activity described in paragraph (2).</span></div><div class="paragraph"><span value="2" class="num">“(2)</span><span><span class="small-caps">Activities described</span>.—</span><span>A foreign financial institution engages in an activity described in this paragraph if the foreign financial institution—</span><div class="subparagraph"><span value="A" class="num">“(A)</span><span> knowingly facilitates a significant transaction or transactions for Hizballah;</span></div><div class="subparagraph"><span value="B" class="num">“(B)</span><span> knowingly facilitates a significant transaction or transactions of a person identified on the list of specially designated nationals and blocked persons maintained by the Office of Foreign Assets Control of the Department of the Treasury and the property and interests in property of which are blocked pursuant to the International Emergency Economic Powers Act (<span href="/us/usc/t50/s1701" class="ref"><a href="/uscode/50/1701" target="_blank">50 U.S.C. 1701</a></span> et seq.) for acting on behalf of or at the direction of, or being owned or controlled by, Hizballah;</span></div><div class="subparagraph"><span value="C" class="num">“(C)</span><span> knowingly engages in money laundering to carry out an activity described in subparagraph (A) or (B); or</span></div><div class="subparagraph"><span value="D" class="num">“(D)</span><span> knowingly facilitates a significant transaction or transactions or provides significant financial services to carry out an activity described in subparagraph (A), (B), or (C).</span></div></div></div><div class="subsection"><span value="span" class="num">“(span)</span><span><span class="small-caps">Waiver.—</span></span><div class="paragraph"><span value="1" class="num">“(1)</span><span><span class="small-caps">In general</span>.—</span><span>The President may waive, on a case-by-case basis, the application of a prohibition or condition imposed with respect to a foreign financial institution pursuant to subsection (a) for a period of not more than 180 days, and may renew the waiver for additional periods of not more than 180 days, on and after the date on which the President—</span><div class="subparagraph"><span value="A" class="num">“(A)</span><span> determines that such a waiver is in the national security interests of the United States; and</span></div><div class="subparagraph"><span value="B" class="num">“(B)</span><span> submits to the appropriate congressional committees a report describing the reasons for such determination.</span></div></div><div class="paragraph"><span value="2" class="num">“(2)</span><span><span class="small-caps">Form</span>.—</span><span>The report required by paragraph (1)(B) shall be submitted in unclassified form, but may contain a classified annex.</span></div></div><div class="subsection"><span value="c" class="num">“(c)</span><span><span class="small-caps">Special Rule To Allow for Termination of Sanctionable Activity</span>.—</span><span>The President shall not be required to apply sanctions to a foreign financial institution described in subsection (a) if the President certifies in writing to the appropriate congressional committees that—</span><div class="paragraph"><span value="1" class="num">“(1)</span><span> the foreign financial institution—</span><div class="subparagraph"><span value="A" class="num">“(A)</span><span> is no longer engaging in the activity described in subsection (a)(2); or</span></div><div class="subparagraph"><span value="B" class="num">“(B)</span><span> has taken and is continuing to take significant verifiable steps toward terminating the activity described in that subsection; and</span></div></div><div class="paragraph"><span value="2" class="num">“(2)</span><span> the President has received reliable assurances from the government with primary jurisdiction over the foreign financial institution that the foreign financial institution will not engage in any activity described in subsection (a)(2) in the future.</span></div></div><div class="subsection"><span value="d" class="num">“(d)</span><span><span class="small-caps">Report on Financial Institutions Organized Under the Laws of State Sponsors of Terrorism.—</span></span><div class="paragraph"><span value="1" class="num">“(1)</span><span><span class="small-caps">In general</span>.—</span><span>Not later than 180 days after the date of the enactment of the Hizballah International Financing Prevention Amendments Act of 2018 [<span date="2018-10-25" class="date">Oct. 25, 2018</span>], and every 2 years thereafter for a period not to exceed 4 years, the President shall submit to the appropriate congressional committees a report that—</span><div class="subparagraph"><span value="A" class="num">“(A)</span><span> identifies each foreign financial institution described in paragraph (2) that the President determines engages in one or more activities described in subsection (a)(2); and</span></div><div class="subparagraph"><span value="B" class="num">“(B)</span><span> provides a detailed description of each such activity.</span></div></div><div class="paragraph"><span value="2" class="num">“(2)</span><span><span class="small-caps">Foreign financial institution described.—</span></span><div class="subparagraph"><span value="A" class="num">“(A)</span><span><span class="small-caps">In general</span>.—</span><span>A foreign financial institution described in this paragraph is a foreign financial institution—</span><div class="clause"><span value="i" class="num">“(i)</span><span> that, wherever located, is—</span><div class="subclause"><span value="I" class="num"> “(I)</span><span> organized under the laws of a state sponsor of terrorism or any jurisdiction within a state sponsor of terrorism;</span></div><div class="subclause"><span value="II" class="num"> “(II)</span><span> owned or controlled by the government of a state sponsor of terrorism;</span></div><div class="subclause"><span value="III" class="num"> “(III)</span><span> located in the territory of a state sponsor of terrorism; or</span></div><div class="subclause"><span value="IV" class="num"> “(IV)</span><span> owned or controlled by a foreign financial institution described in subclause (I), (II), or (III); and</span></div></div><div class="clause"><span value="ii" class="num">“(ii)</span><span> the capitalization of which exceeds $10,000,000.</span></div></div><div class="subparagraph"><span value="B" class="num">“(B)</span><span><span class="small-caps">State sponsor of terrorism defined</span>.—</span><span>In this paragraph, the term ‘state sponsor of terrorism’ means a country the government of which the Secretary of State has determined is a government that has repeatedly provided support for acts of international terrorism for purposes of—</span><div class="clause"><span value="i" class="num">“(i)</span><span> section 1754(c) of the Export Control Reform Act of 2018 [<span href="/us/usc/t50/s4813/c" class="ref"><a href="/uscode/50/4813" target="_blank">50 U.S.C. 4813</a>(c)</span>];</span></div><div class="clause"><span value="ii" class="num">“(ii)</span><span> section 620A of the Foreign Assistance Act of 1961 (<span href="/us/usc/t22/s2371" class="ref"><a href="/uscode/22/2371" target="_blank">22 U.S.C. 2371</a></span>);</span></div><div class="clause"><span value="iii" class="num">“(iii)</span><span> section 40 of the Arms Export Control Act (<span href="/us/usc/t22/s2780" class="ref"><a href="/uscode/22/2780" target="_blank">22 U.S.C. 2780</a></span>); or</span></div><div class="clause"><span value="iv" class="num">“(iv)</span><span> any other provision of law.</span></div></div></div></div><div class="subsection"><span value="e" class="num">“(e)</span><span><span class="small-caps">Definitions.—</span></span><div class="paragraph"><span value="1" class="num">“(1)</span><span><span class="small-caps">In general</span>.—</span><span>In this section:</span><div class="subparagraph"><span value="A" class="num">“(A)</span><span><span class="small-caps">Account; correspondent account; payable-through account</span>.—</span><span>The terms ‘account’, ‘correspondent account’, and ‘payable-through account’ have the meanings given those terms in <span href="/us/usc/t31/s5318A" class="ref">section 5318A of title 31</span>, United States Code.</span></div><div class="subparagraph"><span value="B" class="num">“(B)</span><span><span class="small-caps">Appropriate congressional committees</span>.—</span><span>The term ‘appropriate congressional committees’ means—</span><div class="clause"><span value="i" class="num">“(i)</span><span> the Committee on Foreign Affairs and the Committee on Financial Services of the House of Representatives; and</span></div><div class="clause"><span value="ii" class="num">“(ii)</span><span> the Committee on Foreign Relations and the Committee on Banking, Housing, and Urban Affairs of the Senate.</span></div></div><div class="subparagraph"><span value="C" class="num">“(C)</span><span><span class="small-caps">Financial institution</span>.—</span><span>The term ‘financial institution’ means a financial institution specified in subparagraph (A), (B), (C), (D), (E), (F), (G), (H), (I), (J), (K), (M), (N), (P), (R), (T), (Y), or (Z) of <span href="/us/usc/t31/s5312/a/2" class="ref">section 5312(a)(2) of title 31</span>, United States Code.</span></div><div class="subparagraph"><span value="D" class="num">“(D)</span><span><span class="small-caps">Foreign financial institution</span>.—</span><span>The term ‘foreign financial institution’ has the meaning given that term in section 1010.605 of title 31, Code of Federal Regulations.</span></div><div class="subparagraph"><span value="E" class="num">“(E)</span><span><span class="small-caps">Hizballah</span>.—</span><span>The term ‘Hizballah’ means—</span><div class="clause"><span value="i" class="num">“(i)</span><span> the entity known as Hizballah and designated by the Secretary of State as a foreign terrorist organization pursuant to section 219 of the Immigration and Nationality Act (<span href="/us/usc/t8/s1189" class="ref"><a href="/uscode/8/1189" target="_blank">8 U.S.C. 1189</a></span>); or</span></div><div class="clause"><span value="ii" class="num">“(ii)</span><span> any person—</span><div class="subclause"><span value="I" class="num"> “(I)</span><span> the property or interests in property of which are blocked pursuant to the International Emergency Economic Powers Act (<span href="/us/usc/t50/s1701" class="ref"><a href="/uscode/50/1701" target="_blank">50 U.S.C. 1701</a></span> et seq.); and</span></div><div class="subclause"><span value="II" class="num"> “(II)</span><span> who is identified on the list of specially designated nationals and blocked persons maintained by the Office of Foreign Assets Control of the Department of the Treasury as an agent, instrumentality, or affiliate of Hizballah.</span></div></div></div><div class="subparagraph"><span value="F" class="num">“(F)</span><span><span class="small-caps">Money laundering</span>.—</span><span>The term ‘money laundering’ includes the movement of illicit cash or cash equivalent proceeds into, out of, or through a country, or into, out of, or through a financial institution.</span></div></div><div class="paragraph"><span value="2" class="num">“(2)</span><span><span class="small-caps">Other definitions</span>.—</span><span>The President may further define the terms used in this section in the regulations prescribed under this section.</span></div></div></section><section style="-uslm-lc:I580467;"><span value="103" class="num">“SEC. 103.</span><span> SANCTIONS AGAINST CERTAIN AGENCIES AND INSTRUMENTALITIES OF FOREIGN STATES.</span><div class="subsection"><span value="a" class="num">“(a)</span><span><span class="small-caps">Sanctions.—</span></span><div class="paragraph"><span value="1" class="num">“(1)</span><span><span class="small-caps">In general</span>.—</span><span>Not later than 180 days after the date of the enactment of the Hizballah International Financing Prevention Amendments Act of 2018 [<span date="2018-10-25" class="date">Oct. 25, 2018</span>], and as appropriate thereafter, the President shall impose the sanctions described in paragraph (3) with respect to an agency or instrumentality of a foreign state described in paragraph (2).</span></div><div class="paragraph"><span value="2" class="num">“(2)</span><span><span class="small-caps">Agency or instrumentality of a foreign state described</span>.—</span><span>An agency or instrumentality of a foreign state is described in this paragraph if the President determines that the agency or instrumentality has, on or after the date of the enactment of the Hizballah International Financing Prevention Amendments Act of 2018, knowingly—</span><div class="subparagraph"><span value="A" class="num">“(A)</span><span> conducted significant joint combat operations with, or significantly supported combat operations of, Hizballah; or</span></div><div class="subparagraph"><span value="B" class="num">“(B)</span></div></div></div></section>
Venezuela Defense of Human Rights and Civil SocietyPuspan. L. 113–278, Dec. 18, 2014, 128 Stat. 3011, as amended by Puspan. L. 114–194, § 2, July 15, 2016, 130 Stat. 674; Puspan. L. 116–94, div. J, title I, § 183(a), Dec. 20, 2019, 133 Stat. 3048, provided that:“SECTION 1. SHORT TITLE.“This Act may be cited as the ‘Venezuela Defense of Human Rights and Civil Society Act of 2014’.
“SEC. 2. FINDINGS.“Congress makes the following findings:“(1) The Central Bank of Venezuela and the National Statistical Institute of Venezuela stated that the annual inflation rate in Venezuela in 2013 was 56.30, the highest level of inflation in the Western Hemisphere and the third highest level of inflation in the world behind South Sudan and Syria.
“(2) The Central Bank of Venezuela and the Government of Venezuela have imposed a series of currency controls that has exacerbated economic problems and, according to the World Economic Forum, has become the most problematic factor for doing business in Venezuela.
“(3) The Central Bank of Venezuela declared that the scarcity index of Venezuela reached 29.4 percent in March 2014, which signifies that fewer than one in 4 basic goods is unavailable at any given time. The Central Bank has not released any information on the scarcity index since that time.
“(4) Since 1999, violent crime in Venezuela has risen sharply and the Venezuelan Violence Observatory, an independent nongovernmental organization, found the national per capita murder rate to be 79 per 100,000 people in 2013.
“(5) The international nongovernmental organization Human Rights Watch recently stated, ‘Under the leadership of President Chàvez and now President Maduro, the accumulation of power in the executive branch and the erosion of human rights guarantees have enabled the government to intimidate, censor, and prosecute its critics.’.
“(6) The Country Reports on Human Rights Practices for 2013 of the Department of State maintained that in Venezuela ‘the government did not respect judicial independence or permit judges to act according to the law without fear of retaliation’ and ‘the government used the judiciary to intimidate and selectively prosecute political, union, business, and civil society leaders who were critical of government policies or actions’.
“(7) The Government of Venezuela has detained foreign journalists and threatened and expelled international media outlets operating in Venezuela, and the international nongovernmental organization Freedom House declared that Venezuela’s ‘media climate is permeated by intimidation, sometimes including physical attacks, and strong antimedia rhetoric by the government is common’.
“(8) Since February 4, 2014, the Government of Venezuela has responded to antigovernment protests with violence and killings perpetrated by its public security forces.
“(9) In May 2014, Human Rights Watch found that the unlawful use of force perpetrated against antigovernment protesters was ‘part of a systematic practice by the Venezuelan security forces’.
“(10) As of September 1, 2014, 41 people had been killed, approximately 3,000 had been arrested unjustly, and more than 150 remained in prison and faced criminal charges as a result of antigovernment demonstrations throughout Venezuela.
“(11) Opposition leader Leopoldo Lopez was arrested on February 18, 2014, in relation to the protests and was unjustly charged with criminal incitement, conspiracy, arson, and property damage. Since his arrest, Lopez has been held in solitary confinement and has been denied 58 out of 60 of his proposed witnesses at his ongoing trial.
“(12) As of September 1, 2014, not a single member of the public security forces of the Government of Venezuela had been held accountable for acts of violence perpetrated against antigovernment protesters.
“SEC. 3. SENSE OF CONGRESS REGARDING ANTIGOVERNMENT PROTESTS IN VENEZUELA AND THE NEED TO PREVENT FURTHER VIOLENCE IN VENEZUELA.“It is the sense of Congress that—“(1) the United States aspires to a mutually beneficial relationship with Venezuela based on respect for human rights and the rule of law and a functional and productive relationship on issues of public security, including counternarcotics and counterterrorism;
“(2) the United States supports the people of Venezuela in their efforts to realize their full economic potential and to advance representative democracy, human rights, and the rule of law within their country;
“(3) the chronic mismanagement by the Government of Venezuela of its economy has produced conditions of economic hardship and scarcity of basic goods and foodstuffs for the people of Venezuela;
“(4) the failure of the Government of Venezuela to guarantee minimal standards of public security for its citizens has led the country to become one of the most violent and corrupt in the world;
“(5) the Government of Venezuela continues to take steps to remove checks and balances on the executive, politicize the judiciary, undermine the independence of the legislature through use of executive decree powers, persecute and prosecute its political opponents, curtail freedom of the press, and limit the free expression of its citizens;
“(6) Venezuelans, responding to ongoing economic hardship, high levels of crime and violence, and the lack of basic political rights and individual freedoms, have turned out in demonstrations in Caracas and throughout the country to protest the failure of the Government of Venezuela to protect the political and economic well-being of its citizens; and
“(7) the repeated use of violence perpetrated by the National Guard and security personnel of Venezuela, as well as persons acting on behalf of the Government of Venezuela, against antigovernment protesters that began on February 4, 2014, is intolerable and the use of unprovoked violence by protesters is also a matter of serious concern.
“SEC. 4. UNITED STATES POLICY TOWARD VENEZUELA.“It is the policy of the United States—“(1) to support the people of Venezuela in their aspiration to live under conditions of peace and representative democracy as defined by the Inter-American Democratic Charter of the Organization of American States;
“(2) to work in concert with the other member states within the Organization of American States, as well as the countries of the European Union, to ensure the peaceful resolution of the current situation in Venezuela and the immediate cessation of violence against antigovernment protestors;
“(3) to hold accountable government and security officials in Venezuela responsible for or complicit in the use of force in relation to antigovernment protests and similar future acts of violence; and
“(4) to continue to support the development of democratic political processes and independent civil society in Venezuela.
“SEC. 5. SANCTIONS ON PERSONS RESPONSIBLE FOR VIOLENCE IN VENEZUELA.“(a)In General.—The President shall impose the sanctions described in subsection (span) with respect to any foreign person, including any current or former official of the Government of Venezuela or any person acting on behalf of that Government, that the President determines—“(1) has perpetrated, or is responsible for ordering or otherwise directing, significant acts of violence or serious human rights abuses in Venezuela against persons associated with the antigovernment protests in Venezuela that began on February 4, 2014;
“(2) has ordered or otherwise directed the arrest or prosecution of a person in Venezuela primarily because of the person’s legitimate exercise of freedom of expression or assembly; or
“(3) has knowingly materially assisted, sponsored, or provided significant financial, material, or technological support for, or goods or services in support of, the commission of acts described in paragraph (1) or (2).
“(span)Sanctions Described.—“(1)In general.—The sanctions described in this subsection are the following:“(A)Asset blocking.—The exercise of all powers granted to the President by the International Emergency Economic Powers Act (50 U.S.C. 1701 et seq.) to the extent necessary to block and prohibit all transactions in all property and interests in property of a person determined by the President to be subject to subsection (a) 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)Exclusion from the united states and revocation of visa or other documentation.—In the case of an alien determined by the President to be subject to subsection (a), denial of a visa to, and exclusion from the United States of, the alien, and revocation in accordance with section 221(i) of the Immigration and Nationality Act (8 U.S.C. 1201(i)), of any visa or other documentation of the alien. “(2)Penalties.—A person that violates, attempts to violate, conspires to violate, or causes a violation of paragraph (1)(A) or any regulation, license, or order issued to carry out paragraph (1)(A) shall be subject to the penalties set forth in subsections (span) and (c) of section 206 of the International 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. “(3)Exception relating to importation of goods.—The requirement to block and prohibit all transactions in all property and interests in property under paragraph (1)(A) shall not include the authority to impose sanctions on the importation of goods.
“(4)Exception to comply with united nations headquarters agreement.—Sanctions under paragraph (1)(B) shall not apply to an alien if admitting the alien into the United States is necessary 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.
“(c)Waiver.—The President may waive the application of sanctions under subsection (span) with respect to a person if the President—“(1) determines that such a waiver is in the national interest of the United States; and
“(2) on or before the date on which the waiver takes effect, submits to the Committee on Foreign Relations and the Committee on Banking Housing, and Urban Affairs of the Senate and the Committee on Foreign Affairs and the Committee on Financial Services of the House of Representatives a notice of and justification for the waiver.
“(d)Regulatory Authority.—The President shall issue such regulations, licenses, and orders as are necessary to carry out this section.
“(e)Termination.—The requirement to impose sanctions under this section shall terminate on December 31, 2023.
“(f)Definitions.—In this section:“(1)Admitted; alien.—The terms ‘admitted’ and ‘alien’ have the meanings given those terms in section 101 of the Immigration and Nationality Act (8 U.S.C. 1101). “(2)Financial institution.—The term ‘financial institution’ has the meaning given that term in section 5312 of title 31, United States Code.
“(3)Foreign person.—The term ‘foreign person’ means a person that is not a United States person.
“(4)Good.—The term ‘good’ has the meaning given that term in [former] section 16 of the Export Administration Act of 1979 (50 U.S.C. App. 2415) [former 50 U.S.C. 4618] (as continued in effect pursuant to the International Emergency Economic Powers Act (50 U.S.C. 1701 et seq.)). “(5)Knowingly.—The term ‘knowingly’, with respect to conduct, a circumstance, or a result, means that a person has actual knowledge, or should have known, of the conduct, the circumstance, or the result.
“(6)Materially assisted.—The term ‘materially assisted’ means the provision of assistance that is significant and of a kind directly relevant to acts described in paragraph (1) or (2) of subsection (a).
“(7)United states person.—The term ‘United States person’ means—“(A) a United States citizen or an alien lawfully admitted for permanent residence to the United States; or
“(B) an entity organized under the laws of the United States or of any jurisdiction within the United States, including a foreign branch of such an entity.
“SEC. 6. REPORT ON BROADCASTING, INFORMATION DISTRIBUTION, AND CIRCUMVENTION TECHNOLOGY DISTRIBUTION IN VENEZUELA.“(a)In General.—Not later than 30 days after the date of the enactment of this Act [Dec. 18, 2014], the Chairman of the Broadcasting Board of Governors (in this section referred to as the ‘Board’) shall submit to Congress a report that includes—“(1) a thorough evaluation of the governmental, political, and technological obstacles faced by the people of Venezuela in their efforts to obtain accurate, objective, and comprehensive news and information about domestic and international affairs;
“(2) an assessment of current efforts relating to broadcasting, information distribution, and circumvention technology distribution in Venezuela, by the United States Government and otherwise; and
“(3) a strategy for expanding such efforts in Venezuela, including recommendations for additional measures to expand upon current efforts.
“(span)Elements.—The report required by subsection (a) shall include—“(1) an assessment of the current level of Federal funding dedicated to broadcasting, information distribution, and circumvention technology distribution in Venezuela by the Board before the date of the enactment of this Act;
“(2) an assessment of the extent to which the current level and type of news and related programming and span provided by the Voice of America and other sources is addressing the informational needs of the people of Venezuela; and
“(3) recommendations for increasing broadcasting, information distribution, and circumvention technology distribution in Venezuela.”
Imposition of Sanctions With Respect to Support for the Rebel Group Known as M23Puspan. L. 112–239, div. A, title XII, § 1284, Jan. 2, 2013, 126 Stat. 2035, provided that:“(a)Blocking of Assets.—“(1)In general.—The Secretary of the Treasury shall, pursuant to the International Emergency Economic Powers Act (50 U.S.C. 1701 et seq.) or Executive Order 13413 (74[71] Fed. Reg. 64105; relating to blocking property of certain persons contributing to the conflict in the Democratic Republic of the Congo), block and prohibit all transactions in all property and interests in property of a person described in subsection (c) 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. “(2)Exception.—“(A)In general.—The requirement to block and prohibit all transactions in all property and interests in property under paragraph (1) shall not include the authority to impose sanctions on the importation of goods.
“(B)Good defined.—In this paragraph, the term ‘good’ has the meaning given that term in [former] section 16 of the Export Administration Act of 1979 (50 U.S.C. App. 2415) [former 50 U.S.C. 4618] (as continued in effect pursuant to the International Emergency Economic Powers Act (50 U.S.C. 1701 et seq.)). “(span)Visa Ban.—The Secretary of State shall deny a visa to, and the Secretary of Homeland Security shall exclude from the United States, any alien who is a person described in subsection (c).
“(c)Persons Described.—A person described in this subsection is a person that the President determines provides, on or after the date of the enactment of this Act [Jan. 2, 2013], significant financial, material, or technological support to M23.
“(d)Waiver.—The President may waive the application of this section with respect to a person if the President determines and reports to the appropriate congressional committees that the waiver is in the national interest of the United States.
“(e)Termination of Sanctions.—Sanctions imposed under this section may terminate 15 days after the date on which the President determines and reports to the appropriate congressional committees that the person covered by such determination has terminated the provision of significant financial, material, and technological support to M23.
“(f)Termination of Section.—This section shall terminate on the date that is 15 days after the date on which the President determines and reports to the appropriate congressional committees that M23 is no longer a significant threat to peace and security in the Democratic Republic of the Congo.
“(g)Definitions.—In this section:“(1)Appropriate congressional committees.—The term ‘appropriate congressional committees’ means—“(A) the Committee on Banking, Housing, and Urban Affairs, the Committee on Armed Services, and the Committee on Foreign Relations of the Senate; and
“(B) the Committee on Financial Services, the Committee on Armed Services, and the Committee on Foreign Affairs of the House of Representatives.
“(2)M23.—The term ‘M23’ refers to the rebel group known as M23 operating in the Democratic Republic of the Congo that derives its span from the March 23, 2009, agreement between the Government of the Democratic Republic of the Congo and the National Congress for the Defense of the People (or any successor group).
“(3)United states person.—The term ‘United States person’ means—“(A) an individual who is a United States citizen or an alien lawfully admitted for permanent residence to the United States; or
“(B) an entity organized under the laws of the United States or of any jurisdiction within the United States.”
Sudan Accountability and DivestmentPuspan. L. 110–174, Dec. 31, 2007, 121 Stat. 2516, as amended by Puspan. L. 111–195, title II, § 205(a), July 1, 2010, 124 Stat. 1344, provided that:“SECTION 1. SHORT TITLE.“This Act may be cited as the ‘Sudan Accountability and Divestment Act of 2007’.
“SEC. 2. DEFINITIONS.“In this Act:“(1)Appropriate congressional committees.—The term ‘appropriate congressional committees’ means—“(A) the Committee on Banking, Housing, and Urban Affairs, the Committee on Foreign Relations, and the Select Committee on Intelligence of the Senate; and
“(B) the Committee on Financial Services, the Committee on Foreign Affairs, and the Permanent Select Committee on Intelligence of the House of Representatives.
“(2)Business operations.—The term ‘business operations’ means engaging in commerce in any form in Sudan, including by acquiring, developing, maintaining, owning, selling, possessing, leasing, or operating equipment, facilities, personnel, products, services, personal property, real property, or any other apparatus of business or commerce.
“(3)Executive agency.—The term ‘executive agency’ has the meaning given the term in section 4 of the Office of Federal Procurement Policy Act ([former] 41 U.S.C. 403) [see 41 U.S.C. 133]. “(4)Government of sudan.—The term ‘Government of Sudan’—“(A) means the government in Khartoum, Sudan, which is led by the National Congress Party (formerly known as the National Islamic Front) or any successor government formed on or after October 13, 2006 (including the coalition National Unity Government agreed upon in the Comprehensive Peace Agreement for Sudan); and
“(B) does not include the regional government of southern Sudan.
“(5)Marginalized populations of sudan.—The term ‘marginalized populations of Sudan’ refers to—“(A) adversely affected groups in regions authorized to receive assistance under section 8(c) of the Darfur Peace and Accountability Act [of 2006] (Public Law 109–344; 50 U.S.C. 1701 note); and “(B) marginalized areas in Northern Sudan described in section 4(9) of such Act.
“(6)Military equipment.—The term ‘military equipment’ means—“(A) weapons, arms, military supplies, and equipment that readily may be used for military purposes, including radar systems or military-grade transport vehicles; or
“(B) supplies or services sold or provided directly or indirectly to any force actively participating in armed conflict in Sudan.
“(7)Mineral extraction activities.—The term ‘mineral extraction activities’ means exploring, extracting, processing, transporting, or wholesale selling or trading of elemental minerals or associated metal alloys or oxides (ore), including gold, copper, chromium, chromite, diamonds, iron, iron ore, silver, tungsten, uranium, and zinc.
“(8)Oil-related activities.—“(A)In general.—Except as provided in subparagraph (B), the term ‘oil-related activities’ means—“(i) exporting, extracting, producing, refining, processing, exploring for, transporting, selling, or trading oil; and
“(ii) constructing, maintaining, or operating a pipeline, refinery, or other oilfield infrastructure.
“(B)Exclusions.—A person shall not be considered to be involved in an oil-related activity if—“(i) the person is involved in the retail sale of gasoline or related consumer products in Sudan but is not involved in any other activity described in subparagraph (A); or
“(ii) the person is involved in leasing, or owns, rights to an oil block in Sudan but is not involved in any other activity described in subparagraph (A).
“(9)Person.—The term ‘person’ means—“(A) a natural person, corporation, company, business association, partnership, society, trust, any other nongovernmental entity, organization, or group;
“(B) any governmental entity or instrumentality of a government, including a multilateral development institution (as defined in section 1701(c)(3) of the International Financial Institutions Act (22 U.S.C. 262r(c)(3))); and “(C) any successor, subunit, parent company or subsidiary of any entity described in subparagraph (A) or (B).
“(10)Power production activities.—The term ‘power production activities’ means any business operation that involves a project commissioned by the National Electricity Corporation of Sudan or other similar entity of the Government of Sudan whose purpose is to facilitate power generation and delivery, including establishing power-generating plants or hydroelectric dams, selling or installing components for the project, or providing service contracts related to the installation or maintenance of the project.
“(11)State.—The term ‘State’ means each of the several States, the District of Columbia, the Commonwealth of Puerto Rico, the United States Virgin Islands, Guam, American Samoa, and the Commonwealth of the Northern Mariana Islands.
“(12)State or local government.—The term ‘State or local government’ includes—“(A) any State and any agency or instrumentality thereof;
“(B) any local government within a State, and any agency or instrumentality thereof;
“(C) any other governmental instrumentality; and
“(D) any public institution of higher education within the meaning of the Higher Education Act of 1965 (20 U.S.C. 1001 et seq.). “SEC. 3. AUTHORITY OF STATE AND LOCAL GOVERNMENTS TO DIVEST FROM CERTAIN COMPANIES DIRECTLY INVESTED IN CERTAIN SUDANESE SECTORS.“(a)Sense of Congress.—It is the sense of Congress that the United States Government should support the decision of any State or local government to divest from, or to prohibit the investment of assets of the State or local government in, a person that the State or local government determines poses a financial or reputational risk.
“(span)Authority To Divest.—Notwithstanding any other provision of law, a State or local government may adopt and enforce measures that meet the requirements of subsection (e) to divest the assets of the State or local government from, or prohibit investment of the assets of the State or local government in, persons that the State or local government determines, using credible information available to the public, are conducting or have direct investments in business operations described in subsection (d).
“(c)Notice to Department of Justice.—Not later than 30 days after adopting a measure pursuant to subsection (span), a State or local government shall submit written notice to the Attorney General describing the measure.
“(d)Business Operations Described.—“(1)In general.—Business operations described in this subsection are business operations in Sudan that include power production activities, mineral extraction activities, oil-related activities, or the production of military equipment.
“(2)Exceptions.—Business operations described in this subsection do not include business operations that the person conducting the business operations can demonstrate—“(A) are conducted under contract directly and exclusively with the regional government of southern Sudan;
“(B) are conducted under a license from the Office of Foreign Assets Control, or are expressly exempted under Federal law from the requirement to be conducted under such a license;
“(C) consist of providing goods or services to marginalized populations of Sudan;
“(D) consist of providing goods or services to an internationally recognized peacekeeping force or humanitarian organization;
“(E) consist of providing goods or services that are used only to promote health or education; or
“(F) have been voluntarily suspended.
“(e)Requirements.—Any measure taken by a State or local government under subsection (span) shall meet the following requirements:“(1)Notice.—The State or local government shall provide written notice and an opportunity to comment in writing to each person to whom a measure is to be applied.
“(2)Timing.—The measure shall apply to a person not earlier than the date that is 90 days after the date on which written notice is provided to the person under paragraph (1).
“(3)Applicability.—The measure shall not apply to a person that demonstrates to the State or local government that the person does not conduct or have direct investments in business operations described in subsection (d).
“(4)Sense of congress on avoiding erroneous targeting.—It is the sense of Congress that a State or local government should not adopt a measure under subsection (span) with respect to a person unless the State or local government has made every effort to avoid erroneously targeting the person and has verified that the person conducts or has direct investments in business operations described in subsection (d).
“(f)Definitions.—In this section:“(1)Investment.—The ‘investment’ of assets, with respect to a State or local government, includes—“(A) a commitment or contribution of assets;
“(B) a loan or other extension of credit of assets; and
“(C) the entry into or renewal of a contract for goods or services.
“(2)Assets.—“(A)In general.—Except as provided in subparagraph (B), the term ‘assets’ refers to public monies and includes any pension, retirement, annuity, or endowment fund, or similar instrument, that is controlled by a State or local government.
“(B)Exception.—The term ‘assets’ does not include employee benefit plans covered by title I of the Employee Retirement Income Security Act of 1974 (29 U.S.C. 1001 et seq.). “(g)Nonpreemption.—A measure of a State or local government authorized under subsection (span) is not preempted by any Federal law or regulation.
“(h)Effective Date.—“(1)In general.—Except as provided in paragraph (2), this section applies to measures adopted by a State or local government before, on, or after the date of the enactment of this Act [Dec. 31, 2007].
“(2)Notice requirements.—Subsections (c) and (e) apply to measures adopted by a State or local government on or after the date of the enactment of this Act.
“SEC. 4. SAFE HARBOR FOR CHANGES OF INVESTMENT POLICIES BY ASSET MANAGERS.“(a)In General.—[Amended section 80a–13 of Title 15, Commerce and Trade]
“(span) SEC Regulations.—Not later than 120 days after the date of the enactment of this Act [Dec. 31, 2007], the Securities and Exchange Commission shall prescribe regulations, in the public interest and for the protection of investors, to require disclosure by each registered investment company that divests itself of securities in accordance with section 13(c) of the Investment Company Act of 1940 [15 U.S.C. 80a–13(c)]. Such rules shall require the disclosure to be included in the next periodic report filed with the Commission under section 30 of such Act (15 U.S.C. 80a–29) following such divestiture. “SEC. 5. SENSE OF CONGRESS REGARDING CERTAIN ERISA PLAN INVESTMENTS.“It is the sense of Congress that a fiduciary of an employee benefit plan, as defined in section 3(3) of the Employee Retirement Income Security Act of 1974 (29 U.S.C. 1002(3)), may divest plan assets from, or avoid investing plan assets in, any person the fiduciary determines is conducting or has direct investments in business operations in Sudan described in section 3(d) of this Act, without breaching the responsibilities, obligations, or duties imposed upon the fiduciary by subparagraph (A) or (B) of section 404(a)(1) of the Employee Retirement Income Security Act of 1974 (29 U.S.C. 1104(a)(1)), if—“(1) the fiduciary makes such determination using credible information that is available to the public; and
“(2) the fiduciary prudently determines that the result of such divestment or avoidance of investment would not be expected to provide the employee benefit plan with—“(A) a lower rate of return than alternative investments with commensurate degrees of risk; or
“(B) a higher degree of risk than alternative investments with commensurate rates of return.
“SEC. 6. PROHIBITION ON UNITED STATES GOVERNMENT CONTRACTS.“(a)Certification Requirement.—The head of each executive agency shall ensure that each contract entered into by such executive agency for the procurement of goods or services includes a clause that requires the contractor to certify to the contracting officer that the contractor does not conduct business operations in Sudan described in section 3(d).
“(span)Remedies.—“(1)In general.—The head of an executive agency may impose remedies as provided in this subsection if the head of the executive agency determines that the contractor has submitted a false certification under subsection (a) after the date the Federal Acquisition Regulation is amended under subsection (e) to implement the requirements of this section.
“(2)Termination.—The head of an executive agency may terminate a covered contract upon the determination of a false certification under paragraph (1).
“(3)Suspension and debarment.—The head of an executive agency may debar or suspend a contractor from eligibility for Federal contracts upon the determination of a false certification under paragraph (1). The debarment period may not exceed 3 years.
“(4)Inclusion on list of parties excluded from federal procurement and nonprocurement programs.—The Administrator of General Services shall include on the List of Parties Excluded from Federal Procurement and Nonprocurement Programs maintained by the Administrator under part 9 of the Federal Acquisition Regulation issued under section 25 of the Office of Federal Procurement Policy Act ([former] 41 U.S.C. 421) [see 41 U.S.C. 1303] each contractor that is debarred, suspended, proposed for debarment or suspension, or declared ineligible by the head of an executive agency on the basis of a determination of a false certification under paragraph (1). “(5)Rule of construction.—This section shall not be construed to limit the use of other remedies available to the head of an executive agency or any other official of the Federal Government on the basis of a determination of a false certification under paragraph (1).
“(c)Waiver.—“(1)In general.—The President may waive the requirement of subsection (a) on a case-by-case basis if the President determines and certifies in writing to the appropriate congressional committees that it is in the national interest to do so.
“(2)Reporting requirement.—Not later than April 15, 2008, and semi-annually thereafter, the Administrator for Federal Procurement Policy shall submit to the appropriate congressional committees a report on waivers granted under paragraph (1).
“(d)Implementation Through the Federal Acquisition Regulation.—Not later than 120 days after the date of the enactment of this Act [Dec. 31, 2007], the Federal Acquisition Regulatory Council shall amend the Federal Acquisition Regulation issued pursuant to section 25 of the Office of Federal Procurement Policy Act ([former] 41 U.S.C. 421) [see 41 U.S.C. 1303] to provide for the implementation of the requirements of this section. “(e)Report.—Not later than one year after the date the Federal Acquisition Regulation is amended under subsection (e) to implement the requirements of this section, the Administrator of General Services, with the assistance of other executive agencies, shall submit to the Office of Management and Budget and the appropriate congressional committees a report on the actions taken under this section.
“SEC. 7. SENSE OF CONGRESS ON EFFORTS BY OTHER COUNTRIES.“It is the sense of Congress that the governments of all other countries should adopt measures, similar to those contained in this Act, to publicize the activities of all persons that, through their financial dealings, knowingly or unknowingly enable the Government of Sudan to continue to oppress and commit genocide against people in the Darfur region and other regions of Sudan, and to authorize divestment from, and the avoidance of further investment in, such persons.
Darfur Peace and AccountabilityPuspan. L. 109–344, Oct. 13, 2006, 120 Stat. 1869, as amended by Puspan. L. 116–283, div. A, title XII, § 1270D, Jan. 1, 2021, 134 Stat. 3978, provided that:“SECTION 1. SHORT TITLE; TABLE OF CONTENTS.“(a)Short Title.—This Act may be cited as the ‘Darfur Peace and Accountability Act of 2006’.
“(span)Table of Contents.— “SEC. 2. DEFINITIONS.“In this Act:“(1) AMIS.—The term ‘AMIS’ means the African Union Mission in Sudan.
“(2)Appropriate congressional committees.—The term ‘appropriate congressional committees’ means the Committee on Foreign Relations of the Senate and the Committee on International Relations [now Committee on Foreign Affairs] of the House of Representatives.
“(3)Comprehensive peace agreement for sudan.—The term ‘Comprehensive Peace Agreement for Sudan’ means the peace agreement signed by the Government of Sudan and the SPLM/A in Nairobi, Kenya, on January 9, 2005.
“(4)Darfur peace agreement.—The term ‘Darfur Peace Agreement’ means the peace agreement signed by the Government of Sudan and by Minni Minnawi, leader of the Sudan Liberation Movement/Army Faction, in Abuja, Nigeria, on May 5, 2006.
“(5)Government of sudan.—The term ‘Government of Sudan’—“(A) means—“(i) the government in Khartoum, Sudan, which is led by the National Congress Party (formerly known as the National Islamic Front); or
“(ii) any successor government formed on or after the date of the enactment of this Act [Oct. 13, 2006] (including the coalition National Unity Government agreed upon in the Comprehensive Peace Agreement for Sudan); and
“(B) does not include the regional government of Southern Sudan.
“(6)Officials of the government of sudan.—The term ‘official of the Government of Sudan’ does not include any individual—“(A) who was not a member of such government before July 1, 2005; or
“(B) who is a member of the regional government of Southern Sudan.
“(7) SPLM/A.—The term ‘SPLM/A’ means the Sudan People’s Liberation Movement/Army.
“SEC. 3. FINDINGS.“Congress makes the following findings:“(1) On July 23, 2004, Congress declared, ‘the atrocities unfolding in Darfur, Sudan, are genocide’.
“(2) On September 9, 2004, Secretary of State Colin L. Powell stated before the Committee on Foreign Relations of the Senate, ‘genocide has occurred and may still be occurring in Darfur’, and ‘the Government of Sudan and the Janjaweed bear responsibility’.
“(3) On September 21, 2004, in an address before the United Nations General Assembly, President George W. Bush affirmed the Secretary of State’s finding and stated, ‘[a]t this hour, the world is witnessing terrible suffering and horrible crimes in the Darfur region of Sudan, crimes my government has concluded are genocide’.
“(4) On July 30, 2004, the United Nations Security Council passed Security Council Resolution 1556 (2004), calling upon the Government of Sudan to disarm the Janjaweed militias and to apprehend and bring to justice Janjaweed leaders and their associates who have incited and carried out violations of human rights and international humanitarian law, and establishing a ban on the sale or supply of arms and related materiel of all types, including the provision of related technical training or assistance, to all nongovernmental entities and individuals, including the Janjaweed.
“(5) On September 18, 2004, the United Nations Security Council passed Security Council Resolution 1564 (2004), determining that the Government of Sudan had failed to meet its obligations under Security Council Resolution 1556 (2004), calling for a military flight ban in and over the Darfur region, demanding the names of Janjaweed militiamen disarmed and arrested for verification, establishing an International Commission of Inquiry on Darfur to investigate violations of international humanitarian and human rights laws, and threatening sanctions should the Government of Sudan fail to fully comply with Security Council Resolutions 1556 (2004) and 1564 (2004), including such actions as to affect Sudan’s petroleum sector or individual members of the Government of Sudan.
“(6) The Report of the International Commission of Inquiry on Darfur, submitted to the United Nations Secretary-General on January 25, 2005, established that the ‘Government of the Sudan and the Janjaweed are responsible for serious violations of international human rights and humanitarian law amounting to crimes under international law,’ that ‘these acts were conducted on a widespread and systematic basis, and therefore may amount to crimes against humanity,’ and that officials of the Government of Sudan and other individuals may have acted with ‘genocidal intent’.
“(7) On March 24, 2005, the United Nations Security Council passed Security Council Resolution 1590 (2005), establishing the United Nations Mission in Sudan (referred to in this section as the ‘UNMIS’), consisting of up to 10,000 military personnel and 715 civilian police tasked with supporting the implementation of the Comprehensive Peace Agreement for Sudan and to ‘closely and continuously liaise and coordinate at all levels with the African Union Mission in Sudan (AMIS)’, which had been established by the African Union on May 24, 2004, to monitor the implementation of the N’Djamena Humanitarian Ceasefire Agreement, signed on April 8, 2004, ‘with a view towards expeditiously reinforcing the effort to foster peace in Darfur’.
“(8) On March 29, 2005, the United Nations Security Council passed Security Council Resolution 1591 (2005), extending the military embargo established by Security Council Resolution 1556 (2004) to all the parties to the N’Djamena Ceasefire Agreement of April 8, 2004, and any other belligerents in the states of North Darfur, South Darfur, and West Darfur, calling for an asset freeze and travel ban against those individuals who impede the peace process, constitute a threat to stability in Darfur and the region, commit violations of international humanitarian or human rights law or other atrocities, are responsible for offensive military overflights, or violate the military embargo, and establishing a Committee of the Security Council and a panel of experts to assist in monitoring compliance with Security Council Resolutions 1556 (2004) and 1591 (2005).
“(9) On March 31, 2005, the United Nations Security Council passed Security Council Resolution 1593 (2005), referring the situation in Darfur since July 1, 2002, to the prosecutor of the International Criminal Court and calling on the Government of Sudan and all parties to the conflict to cooperate fully with the Court.
“(10) On July 30, 2005, Dr. John Garang de Mabior, the newly appointed Vice President of Sudan and the leader of the SPLM/A for the past 21 years, was killed in a tragic helicopter crash in Southern Sudan, sparking riots in Khartoum and challenging the commitment of all Sudanese to the Comprehensive Peace Agreement for Sudan.
“(11) On January 12, 2006, the African Union Peace and Security Council issued a communique endorsing, in principle, a transition from AMIS to a United Nations peacekeeping operation and requested the Chairperson of the Council to initiate consultations with the United Nations and other stakeholders toward this end.
“(12) On February 3, 2006, the United Nations Security Council issued a Presidential Statement authorizing the initiation of contingency planning for a transition from AMIS to a United Nations peacekeeping operation.
“(13) On March 10, 2006, the African Union Peace and Security Council extended the mandate of AMIS, which had reached a force size of 7,000, to September 30, 2006, while simultaneously endorsing the transition of AMIS to a United Nations peacekeeping operation and setting April 30, 2006 as the deadline for reaching an agreement to resolve the crisis in Darfur.
“(14) On March 24, 2006, the United Nations Security Council passed Security Council Resolution 1663 (2006), which—“(A) welcomes the African Peace and Security Council’s March 10, 2006 communique; and
“(B) requests that the United Nations Secretary-General, jointly with the African Union and in consultation with the parties to the Abuja Peace Talks, expedite planning for the transition of AMIS to a United Nations peacekeeping operation.
“(15) On March 29, 2006, during a speech at Freedom House, President Bush called for a transition to a United Nations peacekeeping operation and ‘additional forces with a NATO overlay . . . to provide logistical and command-and-control and airlift capacity, but also to send a clear signal to parties involved that the west is determined to help effect a settlement.’.
“(16) On April 25, 2006, the United Nations Security Council passed Security Council Resolution 1672 (2006), unanimously imposing targeted financial sanctions and travel restrictions on 4 individuals who had been identified as those who, among other acts, ‘impede the peace process, constitute a threat to stability in Darfur and the region, commit violations of international humanitarian or human rights law or other atrocities’, including the Commander of the Western Military Region for the armed forces of Sudan, the Paramount Chief of the Jalul Tribe in North Darfur, the Commander of the Sudan Liberation Army, and the Field Commander of the National Movement for Reform and Development.
“(17) On May 5, 2006, under the auspices of African Union mediation and the direct engagement of the international community, including the United States, the Government of Sudan and the largest rebel faction in Darfur, the Sudan Liberation Movement, led by Minni Minnawi, signed the Darfur Peace Agreement, which addresses security, power sharing, and wealth sharing issues between the parties.
“(18) In August 2006, the Sudanese government began to amass military forces and equipment in the Darfur region in contravention of the Darfur Peace Agreement to which they are signatories in what appears to be preliminary to full scale war.
“(19) On August 30, 2006, the United Nations Security Council passed Security Council Resolution 1706 (2006), without dissent and with abstentions by China, Russian Federation, and Qatar, thereby asserting that the existing United Nations Mission in Sudan ‘shall take over from AMIS responsibility for supporting the implementation of the Darfur Peace Agreement upon the expiration of AMIS’ mandate but in any event no later than 31 December 2006’, and that UNMIS ‘shall be strengthened by up to 17,300 military personnel . . . 3,300 civilian police personnel and up to 16 Formed Police Units’, which ‘shall begin to be deployed [to Darfur] no later than 1 October 2006’.
“(20) Between August 30 and September 3, 2006, President Bashir and other senior members of his administration have publicly rejected United Nations Security Council Resolution 1706 (2006), calling it illegal and a western invasion of his country, despite the current presence of 10,000 United Nations peacekeepers under the UNMIS peacekeeping force.
“(21) Since 1993, the Secretary of State has determined, pursuant to [former] section 6(j) of the Export Administration Act of 1979 (50 App. U.S.C. 2405(j)) [former 50 U.S.C. 4605(j)], that Sudan is a country, the government of which has repeatedly provided support for acts of international terrorism, thereby restricting United States assistance, defense exports and sales, and financial and other transactions with the Government of Sudan. “SEC. 4. SENSE OF CONGRESS.“It is the sense of Congress that—“(1) the genocide unfolding in the Darfur region of Sudan is characterized by acts of terrorism and atrocities directed against civilians, including mass murder, rape, and sexual violence committed by the Janjaweed and associated militias with the complicity and support of the National Congress Party-led faction of the Government of Sudan;
“(2) all parties to the conflict in the Darfur region have continued to violate the N’Djamena Ceasefire Agreement of April 8, 2004, and the Abuja Protocols of November 9, 2004, and violence against civilians, humanitarian aid workers, and personnel of AMIS is increasing;
“(3) the African Union should immediately make all necessary preparations for an orderly transition to a United Nations peacekeeping operation, which will maintain an appropriate level of African participation, with a mandate to protect civilians and humanitarian operations, assist in the implementation of the Darfur Peace Agreement, and deter violence in the Darfur region;
“(4) the international community, including the United States and the European Union, should immediately act to mobilize sufficient political, military, and financial resources through the United Nations and the North Atlantic Treaty Organization, to support the transition of AMIS to a United Nations peacekeeping operation with the size, strength, and capacity necessary to protect civilians and humanitarian operations, to assist with the implementation of the Darfur Peace Agreement, and to end the continued violence in the Darfur region;
“(5) if an expanded and reinforced AMIS or subsequent United Nations peacekeeping operation fails to stop genocide in the Darfur region, the international community should take additional measures to prevent and suppress acts of genocide in the Darfur region;
“(6) acting under article 5 of the Charter of the United Nations, the United Nations Security Council should call for suspension of the Government of Sudan’s rights and privileges of membership by the General Assembly until such time as the Government of Sudan has honored pledges to cease attacks upon civilians, demobilize and demilitarize the Janjaweed and associated militias, and grant free and unfettered access for deliveries of humanitarian assistance in the Darfur region;
“(7) the President should use all necessary and appropriate diplomatic means to ensure the full discharge of the responsibilities of the Committee of the United Nations Security Council and the panel of experts established pursuant to section 3(a) of Security Council Resolution 1591 (2005);
“(8) the President should direct the United States Permanent Representative to the United Nations to use the voice, vote, and influence of the United States to urge the adoption of a resolution by the United Nations Security Council that—“(A) extends the military embargo established by United Nations Security Resolutions 1556 (2004) and 1591 (2005) to include a total ban on the sale or supply of offensive military equipment to the Government of Sudan, except for use in an internationally recognized demobilization program or for nonlethal assistance necessary to carry out elements of the Comprehensive Peace Agreement for Sudan or the Darfur Peace Agreement; and
“(B) calls upon those member states of the United Nations that continue to undermine efforts to foster peace in Sudan by providing military assistance to the Government of Sudan, government supported militias, or any rebel group operating in Darfur in violation of the embargo on such assistance and equipment, as called for in United Nations Security Council Resolutions 1556 (2004) and 1591 (2005), to immediately cease and desist.
“(9) the United States should not provide assistance to the Government of Sudan, other than assistance necessary for the implementation of the Comprehensive Peace Agreement for Sudan and the Darfur Peace Agreement, the support of the regional Government of Southern Sudan, the Transitional Darfur Regional Authority, and marginalized areas in Northern Sudan (including the Nuba Mountains, Southern Blue Nile, Abyei, Eastern Sudan (Beja), Darfur, and Nubia), or for humanitarian purposes in Sudan, until the Government of Sudan has honored pledges to cease attacks upon civilians, demobilize and demilitarize the Janjaweed and associated militias, grant free and unfettered access for deliveries of humanitarian assistance in the Darfur region, and allow for the safe and voluntary return of refugees and internally displaced persons;
“(10) the President should seek to assist members of the Sudanese diaspora in the United States by establishing a student loan forgiveness program for those individuals who commit to return to Southern Sudan for a period of not less than 5 years for the purpose of contributing professional skills needed for the reconstruction of Southern Sudan;
“(11) the Presidential Special Envoy for Sudan should be provided with appropriate resources and a clear mandate to—“(A) provide stewardship of efforts to implement the Comprehensive Peace Agreement for Sudan and the Darfur Peace Agreement;
“(B) seek ways to bring stability and peace to the Darfur region;
“(C) address instability elsewhere in Sudan, Chad, and northern Uganda; and
“(D) pursue a truly comprehensive peace throughout the region;
“(12) the international community should strongly condemn attacks against humanitarian workers and African Union personnel, and the forcible recruitment of refugees and internally displaced persons from camps in Chad and Sudan, and demand that all armed groups in the region, including the forces of the Government of Sudan, the Janjaweed, associated militias, the Sudan Liberation Movement/Army, the Justice and Equality Movement, the National Movement for Reform and Development (NMRD), and all other armed groups refrain from such activities;
“(13) the United States should fully support the Comprehensive Peace Agreement for Sudan and the Darfur Peace Agreement and urge rapid implementation of their terms;
“(14)
Codification of Sanctions Against IranPuspan. L. 109–293, title I, § 101, Sept. 30, 2006, 120 Stat. 1344, provided that:“(a)Codification of Sanctions.—Except as otherwise provided in this section, United States sanctions with respect to Iran imposed pursuant to sections 1 and 3 of Executive Order No. 12957 [listed in a table below], sections 1(e), (1)(g), and (3) of Executive Order No. 12959 [listed in a table below], and sections 2, 3, and 5 of Executive Order No. 13059 [listed in a table below] (relating to exports and certain other transactions with Iran) as in effect on January 1, 2006, shall remain in effect. The President may terminate such sanctions, in whole or in part, if the President notifies Congress at least 15 days in advance of such termination. In the event of exigent circumstances, the President may exercise the authority set forth in the preceding sentence without regard to the notification requirement stated therein, except that such notification shall be provided as early as practicable, but in no event later than three working days after such exercise of authority.
“(span)No Effect on Other Sanctions Relating to Support for Acts of International Terrorism.—Nothing in this Act [see Short Title of 2006 Amendment note above] shall affect any United States sanction, control, or regulation as in effect on January 1, 2006, relating to a determination under [former] section 6(j)(1)(A) of the Export Administration Act of 1979 (50 U.S.C. App. 2405(j)(1)(A)) [former 50 U.S.C. 4605(j)(1)(A)], section 620A(a) of the Foreign Assistance Act of 1961 (22 U.S.C. 2371(a)), or section 40(d) of the Arms Export Control Act (22 U.S.C. 2780(d)) that the Government of Iran has repeatedly provided support for acts of international terrorism.”
Burmese Freedom and DemocracyPuspan. L. 112–192, Oct. 5, 2012, 126 Stat. 1441, as amended by Puspan. L. 113–235, div. J, title VII, § 7043(span)(8)(A), Dec. 16, 2014, 128 Stat. 2648, provided that:“SECTION 1. INTERNATIONAL FINANCIAL INSTITUTIONS.“Upon a determination by the President that it is in the national interest of the United States to support assistance for Burma, the Secretary of the Treasury may instruct the United States Executive Director at any international financial institution to vote in favor of the provision of assistance for Burma by the institution, notwithstanding any other provision of law. The President shall provide the appropriate congressional committees with a written notice of any such determination.
“SEC. 2. CONSULTATION AND NOTIFICATION REQUIREMENT.“(a) Prior to making the determination contained in section 1, the Secretary of State and the Secretary of the Treasury each shall consult with the appropriate congressional committees on assistance to be provided to Burma by an international financial institution, and the national interests served by such assistance.
“(span) The Secretary of the Treasury shall instruct the United States Executive Director at each international financial institution that the United States Executive Director may not vote in favor of any provision of assistance by the institution to Burma until at least 15 days has elapsed from the date on which the President has provided notice pursuant to section 1.
“SEC. 3. DEFINITIONS.“In this Act:“(1) The term ‘appropriate congressional committees’ means the Committees on Foreign Relations, Banking, Housing, and Urban Affairs, and Appropriations of the Senate, and the Committees on Financial Services, Foreign Affairs, and Appropriations of the House of Representatives.
“(2) The term ‘assistance’ means any loan or financial or technical assistance, or any other use of funds.
“(3) The term ‘international financial institution’ shall have the same meaning as contained in section 7029(d) of division I of Public Law 112–74 [125 Stat. 1209] and shall also include the Multilateral Investment Guarantee Agency.”
[Puspan. L. 113–235, div. J, title VII, § 7043(span)(8)(B), Dec. 16, 2014, 128 Stat. 2648, provided that: “The amendment made in subparagraph (A) [amending section 3(3) of Puspan. L. 112–192, set out above, by inserting ‘and shall also include the Multilateral Investment Guarantee Agency’ after ‘Public Law 112–74’] shall only take effect if the Secretary of State certifies and reports to the Committees on Appropriations by September 30, 2015 that the Government of Burma has implemented reforms, in consultation with Burma’s political opposition and ethnic groups, providing for free and fair presidential and parliamentary elections.”]
[Functions of President under section 1 of Puspan. L. 112–192, set out above, delegated to Secretary of State by Memorandum of President of the United States, Oct. 10, 2012, 77 F.R. 65455.]
Puspan. L. 110–286, July 29, 2008, 122 Stat. 2632, as amended by Puspan. L. 117–81, div. E, title LI, § 5106, Dec. 27, 2021, 135 Stat. 2347, provided that:“SECTION 1. SHORT TITLE.“This Act may be cited as the ‘Tom Lantos Block Burmese JADE (Junta’s Anti-Democratic Efforts) Act of 2008’.
“SEC. 2. FINDINGS.“Congress makes the following findings:“(1) Beginning on August 19, 2007
Presidential Determination Pursuant to Section 570(a) of the Foreign Operations, Export Financing, and Related Programs Appropriations Act, 1997Determination of President of the United States, No. 2017–04, Dec. 2, 2016, 81 F.R. 94211, provided:
Memorandum for the Secretary of State
By the authority vested in me as President by the Constitution and the laws of the United States, including section 570(a) of the Foreign Operations, Export Financing, and Related Programs Appropriations Act, 1997 (Public Law 104–208) (the “Act”), I hereby determine and certify, pursuant to section 570(a) of the Act, that Burma has made measurable and substantial progress in improving human rights practices and implementing democratic government.
You are authorized and directed to provide this determination and the accompanying Memorandum of Justification to the Congress and to publish the determination in the Federal Register.
Barack Obama. Limited Waiver of Certain Sanctions Imposed by, and Delegation of Certain Authorities Pursuant to, the Tom Lantos Block Burmese JADE (Junta’s Anti-Democratic Efforts) Act of 2008Determination of President of the United States, No. 2009–11, Jan. 15, 2009, 74 F.R. 3957, 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 laws of the United States, including the Tom Lantos Block Burmese JADE (Junta’s Anti-Democratic Efforts) Act of 2008 (Public Law 110–286) (JADE Act) [set out as a note above] and section 301 of title 3, United States Code, in order to ensure that the United States Government’s sanctions against the Burmese leadership and its supporters continue to be implemented effectively, to allow the reconciliation of measures applicable to persons sanctioned under the JADE Act with measures applicable to the same persons sanctioned under the International Emergency Economic Powers Act (50 U.S.C. 1701 et seq.), and to allow for the implementation of additional appropriate sanctions:
(1) I hereby waive, pursuant to section 5(i) of the JADE Act, the provisions of section 5(span) of the JADE Act with respect to those persons described in section 5(a)(1) of the JADE Act who are not included on the Department of the Treasury’s List of Specially Designated Nationals and Blocked Persons. Because the imposition of effective and meaningful blocking sanctions requires the identification of those individuals and entities targeted for sanction and the authorization of certain limited exceptions to the prohibitions and restrictions that would otherwise apply, I hereby determine and certify that such a limited waiver is in the national interest of the United States.
(2) I hereby delegate to the Secretary of the Treasury the waiver authority set forth in section 5(i) of the JADE Act, including the authority to invoke or revoke the waiver with respect to any person or persons or any transaction or category of transactions or prohibitions by making the necessary determination and certification regarding the national interest of the United States set forth in that section. I hereby direct the Secretary of the Treasury, after consultation with the Secretary of State and with necessary support from the Intelligence Community, as defined in section 3(4) of the National Security Act of 1947, as amended ([former] 50 U.S.C. 401a(4)) [now 50 U.S.C. 3003(4)], to continue to target aggressively the Burmese regime and its lines of support. I further delegate to the Secretary of the Treasury the authority to take such actions as may be necessary to carry out the purposes of section 5(span) of the JADE Act. The Secretary of the Treasury may redelegate any of these functions to other officers and agencies of the United States Government consistent with applicable law. The authorities delegated to the Secretary of the Treasury under this memorandum shall be exercised after consultation with the Secretary of State.
(3) I authorize the Secretary of State, after consultation with the Secretary of the Treasury, to take such actions as may be necessary to make the submissions to the appropriate congressional committees pursuant to section 5(d) of the JADE Act.
I hereby authorize and direct the Secretary of the Treasury to report this determination to the appropriate congressional committees and to publish it in the Federal Register.
George W. Bush. Sudan PeacePuspan. L. 108–497, Dec. 23, 2004, 118 Stat. 4012, as amended by Puspan. L. 109–344, §§ 5(a), (span), 8(span), Oct. 13, 2006, 120 Stat. 1875, 1876, 1879, known as the Comprehensive Peace in Sudan Act of 2004, which enforced a comprehensive peace agreement for Sudan, as envisioned in the Sudan Peace Act and the Machakos Protocol of 2002, and continued to provide humanitarian assistance to the areas of Sudan to which the United States has access, was repealed by Puspan. L. 116–283, div. A, title XII, § 1270E(span), Jan. 1, 2021, 134 Stat. 3978, effective Jan. 1, 2020.
Puspan. L. 107–245, Oct. 21, 2002, 116 Stat. 1504, as amended by Puspan. L. 108–497, § 5, Dec. 23, 2004, 118 Stat. 4016; Puspan. L. 109–344, § 9, Oct. 13, 2006, 120 Stat. 1880, known as the Sudan Peace Act, which authorized increased assistance to the areas of Sudan not controlled by the Government of Sudan to prepare the population for peace and democratic governance, was repealed by Puspan. L. 116–283, div. A, title XII, § 1270E(a), Jan. 1, 2021, 134 Stat. 3978, effective Jan. 1, 2020.
[Memorandum of President of the United States, Oct. 26, 2020, 85 F.R. 71213, certified, pursuant to section 6(e) of the Comprehensive Peace in Sudan Act of 2004 (Puspan. L. 108–497, formerly set out above), that the Government of Sudan has taken demonstrable steps in accordance with section 12(a)(2) of the Sudan Peace Act of 2002 (Puspan. L. 107–245, formerly set out above).]
Presidential Determinations on the Sudan Peace ActProvisions certifying good faith negotiations between the Government of Sudan and the Sudan People’s Liberation Movement were contained in the following:
Determination of President of the United States, No. 2004–29, Apr. 21, 2004, 69 F.R. 24905.
Determination of President of the United States, No. 2004–05, Oct. 21, 2003, 68 F.R. 63977.
Determination of President of the United States, No. 2003–21, Apr. 21, 2003, 68 F.R. 20329.
Assistance Efforts in SudanPuspan. L. 108–199, div. D, title V, § 534(j), Jan. 23, 2004, 118 Stat. 182, defined terms for purposes of section 501 of Puspan. L. 106–570, formerly set out below.
Puspan. L. 106–570, title V, § 501, Dec. 27, 2000, 114 Stat. 3050, authorized the President to undertake appropriate programs with indigenous groups, agencies, or organizations in areas outside of control of the Government of Sudan in order to benefit the economic development of that area and its people and exempted exports from those areas from the export prohibitions of Ex. Ord. No. 13067, prior to repeal by Puspan. L. 109–344, § 8(a), Oct. 13, 2006, 120 Stat. 1879.
Iran, North Korea, and Syria NonproliferationPuspan. L. 106–178, Mar. 14, 2000, 114 Stat. 38, as amended by Puspan. L. 107–228, div. B, title XIII, § 1306, Sept. 30, 2002, 116 Stat. 1438; Puspan. L. 109–112, §§ 3–4(e)(1), Nov. 22, 2005, 119 Stat. 2368, 2369; Puspan. L. 109–353, § 3, Oct. 13, 2006, 120 Stat. 2015; Puspan. L. 110–329, div. A, § 125, Sept. 30, 2008, 122 Stat. 3577; Puspan. L. 112–273, § 4, Jan. 14, 2013, 126 Stat. 2454; Puspan. L. 116–94, div. I, title VII, § 701, Dec. 20, 2019, 133 Stat. 3028, provided that:“SECTION 1. SHORT TITLE.“This Act may be cited as the ‘Iran, North Korea, and Syria Nonproliferation Act’.
“SEC. 2. REPORTS ON PROLIFERATION RELATING TO IRAN, NORTH KOREA, AND SYRIA.“(a)Reports.—The President shall, at the times specified in subsection (span), submit to the Committee on International Relations [now Committee on Foreign Affairs] of the House of Representatives and the Committee on Foreign Relations of the Senate a report identifying every foreign person with respect to whom there is credible information indicating that that person, on or after January 1, 1999, transferred to or acquired from Iran, on or after January 1, 2005, transferred to or acquired from Syria, or on or after January 1, 2006, transferred to or acquired from North Korea—“(1) goods, services, or technology listed on—“(A) the Nuclear Suppliers Group Guidelines for the Export of Nuclear Material, Equipment and Technology (published by the International Atomic Energy Agency as Information Circular INFCIRC/254/ Rev.3/ Part 1, and subsequent revisions) and Guidelines for Transfers of Nuclear-Related Dual-Use Equipment, Material, and Related Technology (published by the International Atomic Energy Agency as Information Circular INFCIRC/254/ Rev.3/ Part 2, and subsequent revisions);
“(B) the Missile Technology Control Regime Equipment and Technology Annex of June 11, 1996, and subsequent revisions;
“(C) the lists of items and substances relating to biological and chemical weapons the export of which is controlled by the Australia Group;
“(D) the Schedule One or Schedule Two list of toxic chemicals and precursors the export of which is controlled pursuant to the Convention on the Prohibition of the Development, Production, Stockpiling and Use of Chemical Weapons and on Their Destruction; or
“(E) the Wassenaar Arrangement list of Dual Use Goods and Technologies and Munitions list of July 12, 1996, and subsequent revisions; or
“(2) goods, services, or technology not listed on any list identified in paragraph (1) but which nevertheless would be, if they were United States goods, services, or technology, prohibited for export to Iran, North Korea, or Syria, as the case may be, because of their potential to make a material contribution to the development of nuclear, biological, or chemical weapons, or of ballistic or cruise missile systems.
“(span)Timing of Reports.—The reports under subsection (a) shall be submitted not later than 90 days after the date of the enactment of this Act [Mar. 14, 2000], not later than 6 months after such date of enactment, and not later than the end of each 6-month period thereafter.
“(c)Exceptions.—Any foreign person who—“(1) was identified in a previous report submitted under subsection (a) on account of a particular transfer; or
“(2) has engaged in a transfer on behalf of, or in concert with, the Government of the United States,
is not required to be identified on account of that same transfer in any report submitted thereafter under this section, except to the degree that new information has emerged indicating that the particular transfer may have continued, or been larger, more significant, or different in nature than previously reported under this section.
“(d)Submission in Classified Form.—When the President considers it appropriate, reports submitted under subsection (a), or appropriate parts thereof, may be submitted in classified form.
“(e)Content of Reports.—Each report under subsection (a) shall contain, with respect to each foreign person identified in such report, a brief description of the type and quantity of the goods, services, or technology transferred by that person to Iran, the circumstances surrounding the transfer, the usefulness of the transfer to Iranian weapons programs, and the probable awareness or lack thereof of the transfer on the part of the government with primary jurisdiction over the person.
“SEC. 3. APPLICATION OF MEASURES TO CERTAIN FOREIGN PERSONS.“(a)Application of Measures.—Subject to sections 4 and 5, the President is authorized to apply with respect to each foreign person identified in a report submitted pursuant to section 2(a), for such period of time as he may determine, any or all of the measures described in subsection (span).
“(span)Description of Measures.—The measures referred to in subsection (a) are the following:“(1)Executive order no. 12938 prohibitions.—The measures set forth in subsections (span) and (c) of section 4 of Executive Order No. 12938.
“(2)Arms export prohibition.—Prohibition on United States Government sales to that foreign person of any item on the United States Munitions List as in effect on August 8, 1995, and termination of sales to that person of any defense articles, defense services, or design and construction services under the Arms Export Control Act [22 U.S.C. 2751 et seq.]. “(3)Dual use export prohibition.—Denial of licenses and suspension of existing licenses for the transfer to that person of items the export of which is controlled under the Export Administration Act of 1979 [50 U.S.C. 4601 et seq.] or the Export Administration Regulations. “(c)Effective Date of Measures.—Measures applied pursuant to subsection (a) shall be effective with respect to a foreign person no later than—“(1) 90 days after the report identifying the foreign person is submitted, if the report is submitted on or before the date required by section 2(span);
“(2) 90 days after the date required by section 2(span) for submitting the report, if the report identifying the foreign person is submitted within 60 days after that date; or
“(3) on the date that the report identifying the foreign person is submitted, if that report is submitted more than 60 days after the date required by section 2(span).
“(d)Publication in Federal Register.—The application of measures to a foreign person pursuant to subsection (a) shall be announced by notice published in the Federal Register.
“SEC. 4. PROCEDURES IF MEASURES ARE NOT APPLIED.“(a)Requirement To Notify Congress.—Should the President not exercise the authority of section 3(a) to apply any or all of the measures described in section 3(span) with respect to a foreign person identified in a report submitted pursuant to section 2(a), he shall so notify the Committee on International Relations [now Committee on Foreign Affairs] of the House of Representatives and the Committee on Foreign Relations of the Senate no later than the effective date under section 3(c) for measures with respect to that person.
“(span)Written Justification.—Any notification submitted by the President under subsection (a) shall include a written justification describing in detail the facts and circumstances relating specifically to the foreign person identified in a report submitted pursuant to section 2(a) that support the President’s decision not to exercise the authority of section 3(a) with respect to that person.
“(c)Submission in Classified Form.—When the President considers it appropriate, the notification of the President under subsection (a), and the written justification under subsection (span), or appropriate parts thereof, may be submitted in classified form.
“SEC. 5. DETERMINATION EXEMPTING FOREIGN PERSON FROM SECTIONS 3 AND 4.“(a)In General.—Sections 3 and 4 shall not apply to a foreign person 15 days after the President reports to the Committee on International Relations [now Committee on Foreign Affairs] of the House of Representatives and the Committee on Foreign Relations of the Senate that the President has determined, on the basis of information provided by that person, or otherwise obtained by the President, that—“(1) the person did not, on or after January 1, 1999, knowingly transfer to or acquire from Iran, North Korea, or Syria, as the case may be, the goods, services, or technology the apparent transfer of which caused that person to be identified in a report submitted pursuant to section 2(a);
“(2) the goods, services, or technology the transfer of which caused that person to be identified in a report submitted pursuant to section 2(a) did not materially contribute to the efforts of Iran, North Korea, or Syria, as the case may be, to develop nuclear, biological, or chemical weapons, or ballistic or cruise missile systems, or weapons listed on the Wassenaar Arrangement Munitions List of July 12, 1996, or any subsequent revision of that list;
“(3) the person is subject to the primary jurisdiction of a government that is an adherent to one or more relevant nonproliferation regimes, the person was identified in a report submitted pursuant to section 2(a) with respect to a transfer of goods, services, or technology described in section 2(a)(1), and such transfer was made consistent with the guidelines and parameters of all such relevant regimes of which such government is an adherent; or
“(4) the government with primary jurisdiction over the person has imposed meaningful penalties on that person on account of the transfer of the goods, services, or technology which caused that person to be identified in a report submitted pursuant to section 2(a).
“(span)Opportunity To Provide Information.—Congress urges the President—“(1) in every appropriate case, to contact in a timely fashion each foreign person identified in each report submitted pursuant to section 2(a), or the government with primary jurisdiction over such person, in order to afford such person, or governments, the opportunity to provide explanatory, exculpatory, or other additional information with respect to the transfer that caused such person to be identified in a report submitted pursuant to section 2(a); and
“(2) to exercise the authority in subsection (a) in all cases where information obtained from a foreign person identified in a report submitted pursuant to section 2(a), or from the government with primary jurisdiction over such person, establishes that the exercise of such authority is warranted.
“(c)Submission in Classified Form.—When the President considers it appropriate, the determination and report of the President under subsection (a), or appropriate parts thereof, may be submitted in classified form.
“SEC. 6. RESTRICTION ON EXTRAORDINARY PAYMENTS IN CONNECTION WITH THE INTERNATIONAL SPACE STATION.“(a)Restriction on Extraordinary Payments in Connection With the International Space Station.—Notwithstanding any other provision of law, no agency of the United States Government may make extraordinary payments in connection with the International Space Station to the Russian Aviation and Space Agency, any organization or entity under the jurisdiction or control of the Russian Aviation and Space Agency, or any other organization, entity, or element of the Government of the Russian Federation, unless, during the fiscal year in which the extraordinary payments in connection with the International Space Station are to be made, the President has made the determination described in subsection (span), and reported such determination to the Committee on International Relations [now Committee on Foreign Affairs] and the Committee on Science [now Committee on Science, Space, and Technology] of the House of Representatives and the Committee on Foreign Relations and the Committee on Commerce, Science, and Transportation of the Senate.
“(span)Determination Regarding Russian Cooperation in Preventing Proliferation Relating to Iran, North Korea, and Syria.—The determination referred to in subsection (a) is a determination by the President that—“(1) it is the policy of the Government of the Russian Federation to oppose the proliferation to or from Iran, North Korea, and Syria of weapons of mass destruction and missile systems capable of delivering such weapons;
“(2) the Government of the Russian Federation (including the law enforcement, export promotion, export control, and intelligence agencies of such government) has demonstrated and continues to demonstrate a sustained commitment to seek out and prevent the transfer to or from Iran, North Korea, and Syria of goods, services, and technology that could make a material contribution to the development of nuclear, biological, or chemical weapons, or of ballistic or cruise missile systems; and
“(3) neither the Russian Aviation and Space Agency, nor any organization or entity under the jurisdiction or control of the Russian Aviation and Space Agency, has, during the 1-year period prior to the date of the determination pursuant to this subsection, made transfers to or from Iran, North Korea, or Syria reportable under section 2(a) of this Act (other than transfers with respect to which a determination pursuant to section 5 has been or will be made).
“(c)Prior Notification.—Not less than 5 days before making a determination under subsection (span), the President shall notify the Committee on International Relations [now Committee on Foreign Affairs] and the Committee on Science [now Committee on Science, Space, and Technology] of the House of Representatives and the Committee on Foreign Relations and the Committee on Commerce, Science, and Transportation of the Senate of his intention to make such determination.
“(d)Written Justification.—A determination of the President under subsection (span) shall include a written justification describing in detail the facts and circumstances supporting the President’s conclusion.
“(e)Submission in Classified Form.—When the President considers it appropriate, a determination of the President under subsection (span), a prior notification under subsection (c), and a written justification under subsection (d), or appropriate parts thereof, may be submitted in classified form.
“(f)Exception for Crew Safety.—“(1)Exception.—The National Aeronautics and Space Administration may make extraordinary payments that would otherwise be prohibited under this section to the Russian Aviation and Space Agency or any organization or entity under the jurisdiction or control of the Russian Aviation and Space Agency if the President has notified the Congress in writing that such payments are necessary to prevent the imminent loss of life by or grievous injury to individuals aboard the International Space Station.
“(2)Report.—Not later than 30 days after notifying Congress that the National Aeronautics and Space Administration will make extraordinary payments under paragraph (1), the President shall submit to Congress a report describing—“(A) the extent to which the provisions of subsection (span) had been met as of the date of notification; and
“(B) the measures that the National Aeronautics and Space Administration is taking to ensure that—“(i) the conditions posing a threat of imminent loss of life by or grievous injury to individuals aboard the International Space Station necessitating the extraordinary payments are not repeated; and
“(ii) it is no longer necessary to make extraordinary payments in order to prevent imminent loss of life by or grievous injury to individuals aboard the International Space Station.
“(g)Service Module Exception.—“(1) The National Aeronautics and Space Administration may make extraordinary payments that would otherwise be prohibited under this section to the Russian Aviation and Space Agency, any organization or entity under the jurisdiction or control of the Russian Aviation and Space Agency, or any subcontractor thereof for the construction, testing, preparation, delivery, launch, or maintenance of the Service Module, and for the purchase (at a total cost not to exceed $14,000,000) of the pressure dome for the Interim Control Module and the Androgynous Peripheral Docking Adapter and related hardware for the United States propulsion module, if—“(A) the President has notified Congress at least 5 days before making such payments;
“(B) no report has been made under section 2 with respect to an activity of the entity to receive such payment, and the President has no credible information of any activity that would require such a report; and
“(C) the United States will receive goods or services of value to the United States commensurate with the value of the extraordinary payments made.
“(2) For purposes of this subsection, the term ‘maintenance’ means activities which cannot be performed by the National Aeronautics and Space Administration and which must be performed in order for the Service Module to provide environmental control, life support, and orbital maintenance functions which cannot be performed by an alternative means at the time of payment.
“(3) This subsection shall cease to be effective 60 days after a United States propulsion module is in place at the International Space Station.
“(h)Exception.—Notwithstanding subsections (a) and (span), no agency of the United States Government may make extraordinary payments in connection with the International Space Station, or any other payments in connection with the International Space Station, to any foreign person subject to measures applied pursuant to—“(1) section 3 of this Act; or
“(2) section 4 of Executive Order No. 12938 (November 14, 1994), as amended by Executive Order No. 13094 (July 28, 1998).
Such payments shall also not be made to any other entity if the agency of the United States Government anticipates that such payments will be passed on to such a foreign person.
“(i)Report on Certain Payments Related to International Space Station.—“(1)In general.—The President shall, together with each report submitted under section 2(a), submit to the Committee on Foreign Relations of the Senate and the Committee on International Relations [now Committee on Foreign Affairs] of the House of Representatives a report that identifies each Russian entity or person to whom the United States Government has, since the date of the enactment of the Iran Nonproliferation Amendments Act of 2005 [Nov. 22, 2005], made a payment in cash or in kind for work to be performed or services to be rendered under the Agreement Concerning Cooperation on the Civil International Space Station, with annex, signed at Washington January 29, 1998, and entered into force March 27, 2001, or any protocol, agreement, memorandum of understanding, or contract related thereto.
“(2)Content.—Each report submitted under paragraph (1) shall include—“(A) the specific purpose of each payment made to each entity or person identified in the report; and
“(B) with respect to each such payment, the assessment of the President that the payment was not prejudicial to the achievement of the objectives of the United States Government to prevent the proliferation of ballistic or cruise missile systems in Iran and other countries that have repeatedly provided support for acts of international terrorism, as determined by the Secretary of State under section 620A(a) of the Foreign Assistance Act of 1961 (22 U.S.C. 2371(a)), [former] section 6(j) of the Export Administration Act of 1979 (50 U.S.C. App. 2405(j)) [former 50 U.S.C. 4605(j)], or section 40(d) of the Arms Export Control Act (22 U.S.C. 2780(d)). “SEC. 7. DEFINITIONS.“For purposes of this Act, the following terms have the following meanings:“(1)Extraordinary payments in connection with the international space station.—The term ‘extraordinary payments in connection with the International Space Station’ means payments in cash or in kind made or to be made by the United States Government—“(A) for work on the International Space Station which the Russian Government pledged at any time to provide at its expense; or
“(B) for work on the International Space Station not required to be made under the terms of a contract or other agreement that was in effect on January 1, 1999, as those terms were in effect on such date, except that such term does not mean payments in cash or in kind made or to be made by the United States Government prior to December 31, 2025, for work to be performed or services to be rendered prior to that date necessary to meet United States obligations under the Agreement Concerning Cooperation on the Civil International Space Station, with annex, signed at Washington January 29, 1998, and entered into force March 27, 2001, or any protocol, agreement, memorandum of understanding, or contract related thereto.
“(2)Foreign person; person.—The terms ‘foreign person’ and ‘person’ mean—“(A) a natural person that is an alien;
“(B) a corporation, business association, partnership, society, trust, or any other nongovernmental entity, organization, or group, that is organized under the laws of a foreign country or has its principal place of business in a foreign country;
“(C) any foreign government, including any foreign governmental entity; and
“(D) any successor, subunit, or subsidiary of any entity described in subparagraph (A), (B), or (C), including any entity in which any entity described in any such subparagraph owns a controlling interest.
“(3)Executive order no. 12938.—The term ‘Executive Order No. 12938’ means Executive Order No. 12938 [listed in a table below] as in effect on January 1, 1999.
“(4)Adherent to relevant nonproliferation regime.—A government is an ‘adherent’ to a ‘relevant nonproliferation regime’ if that government—“(A) is a member of the Nuclear Suppliers Group with respect to a transfer of goods, services, or technology described in section 2(a)(1)(A);
“(B) is a member of the Missile Technology Control Regime with respect to a transfer of goods, services, or technology described in section 2(a)(1)(B), or is a party to a binding international agreement with the United States that was in effect on January 1, 1999, to control the transfer of such goods, services, or technology in accordance with the criteria and standards set forth in the Missile Technology Control Regime;
“(C) is a member of the Australia Group with respect to a transfer of goods, services, or technology described in section 2(a)(1)(C);
“(D) is a party to the Convention on the Prohibition of the Development, Production, Stockpiling and Use of Chemical Weapons and on Their Destruction with respect to a transfer of goods, services, or technology described in section 2(a)(1)(D); or
“(E) is a member of the Wassenaar Arrangement with respect to a transfer of goods, services, or technology described in section 2(a)(1)(E).
“(5)Organization or entity under the jurisdiction or control of the Russian Aviation and Space Agency.—“(A) The term ‘organization or entity under the jurisdiction or control of the Russian Aviation and Space Agency’ means an organization or entity that—“(i) was made part of the Russian Space Agency upon its establishment on February 25, 1992;
“(ii) was transferred to the Russian Space Agency by decree of the Russian Government on July 25, 1994, or May 12, 1998;
“(iii) was or is transferred to the Russian Aviation and Space Agency or Russian Space Agency by decree of the Russian Government at any other time before, on, or after the date of the enactment of this Act [Mar. 14, 2000]; or
“(iv) is a joint stock company in which the Russian Aviation and Space Agency or Russian Space Agency has at any time held controlling interest.
“(B) Any organization or entity described in subparagraph (A) shall be deemed to be under the jurisdiction or control of the Russian Aviation and Space Agency regardless of whether—“(i) such organization or entity, after being part of or transferred to the Russian Aviation and Space Agency or Russian Space Agency, is removed from or transferred out of the Russian Aviation and Space Agency or Russian Space Agency; or
“(ii) the Russian Aviation and Space Agency or Russian Space Agency, after holding a controlling interest in such organization or entity, divests its controlling interest.”
[Puspan. L. 109–112, § 3(a)(2), Nov. 22, 2005, 119 Stat. 2368, which directed amendment of “section 7(1)(B)” of Puspan. L. 106–178, set out above, by inserting at end “except that such term does not mean payments in cash or in kind made or to be made by the United States Government prior to January 1, 2012, for work to be performed or services to be rendered prior to that date necessary to meet United States obligations under the Agreement Concerning Cooperation on the Civil International Space Station, with annex, signed at Washington January 29, 1998, and entered into force March 27, 2001, or any protocol, agreement, memorandum of understanding, or contract related thereto.”, was executed by inserting text as concluding provisions of par. (1), to reflect the probable intent of Congress. Subsequent amendments by Puspan. L. 110–329 and Puspan. L. 112–173, which also directed amendment of section “7(1)(B)”, were executed by making the amendments to such concluding provisions.]
[Puspan. L. 109–112, § 4(e)(2), Nov. 22, 2005, 119 Stat. 2370, provided that: “Any reference in a law, regulation, document, or other record of the United States to the Iran Nonproliferation Act of 2000 [now Iran, North Korea, and Syria Nonproliferation Act, Puspan. L. 106–198, set out above] shall be deemed to be a reference to the Iran and Syria Nonproliferation Act.”]
[Memorandum of President of the United States, Sept. 11, 2000, 65 F.R. 56209, delegated to the Secretary of State functions and authorities conferred on the President under Puspan. L. 106–178, set out above, with the exception of section 6(f) and (g), from which were delegated to the Secretary of State only section 6(f)(2)(A) and (g)(1)(B), with the remaining functions and authorities under section 6(f) and (g) delegated to the Administrator of the National Aeronautics and Space Administration, and provided that authorities and functions delegated by the memorandum could be redelegated.]
Application of Authorities Under the International Emergency Economic Powers Act to Communist Chinese Military CompaniesPuspan. L. 105–261, div. A, title XII, § 1237, Oct. 17, 1998, 112 Stat. 2160, as amended by Puspan. L. 106–398, § 1 [[div. A], title XII, § 1233], Oct. 30, 2000, 114 Stat. 1654, 1654A–330; Puspan. L. 108–375, div. A, title XII, § 1222, Oct. 28, 2004, 118 Stat. 2089, provided that:“(a)Presidential Authority.—“(1)In general.—The President may exercise IEEPA authorities (other than authorities relating to importation) without regard to section 202 of the International Emergency Economic Powers Act (50 U.S.C. 1701) in the case of any commercial activity in the United States by a person that is on the list published under subsection (span). “(2)Penalties.—The penalties set forth in section 206 of the International Emergency Economic Powers Act (50 U.S.C. 1705) apply to violations of any license, order, or regulation issued under paragraph (1). “(3)Ieepa authorities.—For purposes of paragraph (1), the term ‘IEEPA authorities’ means the authorities set forth in section 203(a) of the International Emergency Economic Powers Act (50 U.S.C. 1702(a)). “(span)Determination and Reporting of Communist Chinese Military Companies Operating in United States.—“(1)Initial determination and reporting.—Not later than March 1, 2001, the Secretary of Defense shall make a determination of those persons operating directly or indirectly in the United States or any of its territories and possessions that are Communist Chinese military companies and shall submit a list of those persons in classified and unclassified form to the following:“(A) The Committee on Armed Services of the House of Representatives.
“(B) The Committee on Armed Services of the Senate.
“(C) The Secretary of State.
“(D) The Secretary of the Treasury.
“(E) The Attorney General.
“(F) The Secretary of Commerce.
“(G) The Secretary of Energy.
“(H) The Director of Central Intelligence.
“(2)Annual revisions to the list.—The Secretary of Defense shall make additions or deletions to the list submitted under paragraph (1) on an annual basis based on the latest information available and shall submit the updated list not later than February 1, each year to the committees and officers specified in paragraph (1).
“(3)Consultation.—The Secretary of Defense shall consult with the following officers in carrying out paragraphs (1) and (2):“(A) The Attorney General.
“(B) The Director of Central Intelligence.
“(C) The Director of the Federal Bureau of Investigation.
“(4)Communist chinese military company.—For purposes of making the determination required by paragraph (1) and of carrying out paragraph (2), the term ‘Communist Chinese military company’ means—“(A) any person identified in the Defense Intelligence Agency publication numbered VP–1920–271–90, dated September 1990, or PC–1921–57–95, dated October 1995, and any update of those publications for the purposes of this section; and
“(B) any other person that—“(i) is owned or controlled by, or affiliated with, the People’s Liberation Army or a ministry of the government of the People’s Republic of China or that is owned or controlled by an entity affiliated with the defense industrial base of the People’s Republic of China; and
“(ii) is engaged in providing commercial services, manufacturing, producing, or exporting.
“(c)People’s Liberation Army.—For purposes of this section, the term ‘People’s Liberation Army’ means the land, naval, and air military services, the police, and the intelligence services of the Communist Government of the People’s Republic of China, and any member of any such service or of such police.”
[Reference to the Director of Central Intelligence or the Director of the Central Intelligence Agency in the Director’s capacity as the head of the intelligence community deemed to be a reference to the Director of National Intelligence. Reference to the Director of Central Intelligence or the Director of the Central Intelligence Agency in the Director’s capacity as the head of the Central Intelligence Agency deemed to be a reference to the Director of the Central Intelligence Agency. See section 1081(a), (span) of Puspan. L. 108–458, set out as a note under section 3001 of this title.]
[For termination, effective Dec. 31, 2021, of annual reporting provisions in section 1237(span)(2) of Puspan. L. 105–261, set out above, see section 1061 of Puspan. L. 114–328, set out as a note under section 111 of Title 10, Armed Forces.]
Iran SanctionsPuspan. L. 104–172, Aug. 5, 1996, 110 Stat. 1541, as amended by Puspan. L. 107–24, §§ 2(a), 3–5, Aug. 3, 2001, 115 Stat. 199, 200; Puspan. L. 109–267, § 1, Aug. 4, 2006, 120 Stat. 680; Puspan. L. 109–293, title II, §§ 201–202(span), 203–205(g)(1), Sept. 30, 2006, 120 Stat. 1345–1347; Puspan. L. 111–195, title I, § 102(a)–(g), July 1, 2010, 124 Stat. 1317–1324; Puspan. L. 112–158, title II, §§ 201, 202(a), 203, 204(a), 205–207(a), title III, § 311(a), (span)(1), Aug. 10, 2012, 126 Stat. 1219, 1221, 1223, 1225–1227, 1247, 1248; Puspan. L. 114–277, § 2, Dec. 15, 2016, 130 Stat. 1409, provided that:“SECTION 1. SHORT TITLE.“This Act may be cited as the ‘Iran Sanctions Act of 1996’.
“SEC. 2. FINDINGS.“The Congress makes the following findings:“(1) The efforts of the Government of Iran to acquire weapons of mass destruction and the means to deliver them and its support of acts of international terrorism endanger the national security and foreign policy interests of the United States and those countries with which the United States shares common strategic and foreign policy objectives.
“(2) The objective of preventing the proliferation of weapons of mass destruction and acts of international terrorism through existing multilateral and bilateral initiatives requires additional efforts to deny Iran the financial means to sustain its nuclear, chemical, biological, and missile weapons programs.
“(3) The Government of Iran uses its diplomatic facilities and quasi-governmental institutions outside of Iran to promote acts of international terrorism and assist its nuclear, chemical, biological, and missile weapons programs.
“SEC. 3. DECLARATION OF POLICY.“The Congress declares that it is the policy of the United States to deny Iran the ability to support acts of international terrorism and to fund the development and acquisition of weapons of mass destruction and the means to deliver them by limiting the development of Iran’s ability to explore for, extract, refine, or transport by pipeline petroleum resources of Iran.
“SEC. 4. MULTILATERAL REGIME.“(a)Multilateral Negotiations.—In order to further the objectives of section 3, the Congress urges the President to commence immediately diplomatic efforts, both in appropriate international fora such as the United Nations, and bilaterally with allies of the United States, to establish a multilateral sanctions regime against Iran, including provisions limiting the development of petroleum resources, that will inhibit Iran’s efforts to carry out activities described in section 2.
“(span)Reports to Congress.—The President shall report to the appropriate congressional committees, not later than 1 year after the date of the enactment of this Act [Aug. 5, 1996], and periodically thereafter, on the extent that diplomatic efforts described in subsection (a) have been successful. Each report shall include—“(1) the countries that have agreed to undertake measures to further the objectives of section 3 with respect to Iran, and a description of those measures; and
“(2) the countries that have not agreed to measures described in paragraph (1), and, with respect to those countries, other measures the President recommends that the United States take to further the objectives of section 3 with respect to Iran.
“(c)Waiver.—“(1)In general.—“(A)General waiver.—The President may, on a case by case basis, waive for a period of not more than six months the application of section 5(a) with respect to a national of a country, if the President certifies to the appropriate congressional committees at least 30 days before such waiver is to take effect that such waiver is vital to the national security interests of the United States.
“(B)Waiver with respect to persons in countries that cooperate in multilateral efforts with respect to iran.—The President may, on a case by case basis, waive for a period of not more than 12 months the application of section 5(a) with respect to a person if the President, at least 30 days before the waiver is to take effect—“(i) certifies to the appropriate congressional committees that— “(I) the government with primary jurisdiction over the person is closely cooperating with the United States in multilateral efforts to prevent Iran from—“(aa) acquiring or developing chemical, biological, or nuclear weapons or related technologies; or
“(bspan) acquiring or developing destabilizing numbers and types of advanced conventional weapons; and
“(II) such a waiver is vital to the national security interests of the United States; and
“(ii) submits to the appropriate congressional committees a report identifying— “(I) the person with respect to which the President waives the application of sanctions; and
“(II) the actions taken by the government described in clause (i)(I) to cooperate in multilateral efforts described in that clause.
“(2)Subsequent renewal of waiver.—At the conclusion of the period of a waiver under subparagraph (A) or (B) of paragraph (1), the President may renew the waiver—“(A) if the President determines, in accordance with subparagraph (A) or (B) of that paragraph (as the case may be), that the waiver is appropriate; and
“(B)(i) in the case of a waiver under subparagraph (A) of paragraph (1), for subsequent periods of not more than six months each; and
“(ii) in the case of a waiver under subparagraph (B) of paragraph (1), for subsequent periods of not more than 12 months each.
“(d)Interim Report on Multilateral Sanctions; Monitoring.—The President, not later than 90 days after the date of the enactment of this Act, shall report to the appropriate congressional committees on—“(1) whether the member states of the European Union, the Republic of Korea, Australia, Israel, or Japan have legislative or administrative standards providing for the imposition of trade sanctions on persons or their affiliates doing business or having investments in Iran or Libya;
“(2) the extent and duration of each instance of the application of such sanctions; and
“(3) the disposition of any decision with respect to such sanctions by the World Trade Organization or its predecessor organization.
“(e)Investigations.—“(1)In general.—The President shall initiate an investigation into the possible imposition of sanctions under section 5(a) against a person upon receipt by the United States of credible information indicating that such person is engaged in an activity described in such section.
“(2)Determination and notification.—Not later than 180 days after an investigation is initiated in accordance with paragraph (1), the President shall (unless paragraph (3) applies) determine, pursuant to section 5(a), if a person has engaged in an activity described in such section and shall notify the appropriate congressional committees of the basis for any such determination.
“(3)Special rule.—The President need not initiate an investigation, and may terminate an investigation, under this subsection if the President certifies in writing to the appropriate congressional committees that—“(A) the person whose activity was the basis for the investigation is no longer engaging in the activity or has taken significant verifiable steps toward stopping the activity; and
“(B) the President has received reliable assurances that the person will not knowingly engage in an activity described in section 5(a) in the future.
“(f)Briefings on Implementation.—Not later than 90 days after the date of the enactment of the Iran Threat Reduction and Syria Human Rights Act of 2012 [Aug. 10, 2012], and every 120 days thereafter, the President, acting through the Secretary of State, shall provide to the appropriate congressional committees a comprehensive briefing on efforts to implement this Act.
“SEC. 5. IMPOSITION OF SANCTIONS.“(a)Sanctions Relating to the Energy Sector of Iran.—“(1)Development of petroleum resources of iran.—“(A)In general.—Except as provided in subsection (f), the President shall impose 5 or more of the sanctions described in section 6(a) with respect to a person if the President determines that the person knowingly, on or after the date of the enactment of the Iran Threat Reduction and Syria Human Rights Act of 2012 [Aug. 10, 2012]—“(i) makes an investment described in subparagraph (B) of $20,000,000 or more; or
“(ii) makes a combination of investments described in subparagraph (B) in a 12-month period if each such investment is of at least $5,000,000 and such investments equal or exceed $20,000,000 in the aggregate.
“(B)Investment described.—An investment described in this subparagraph is an investment that directly and significantly contributes to the enhancement of Iran’s ability to develop petroleum resources.
“(2)Production of refined petroleum products.—“(A)In general.—Except as provided in subsection (f), the President shall impose 5 or more of the sanctions described in section 6(a) with respect to a person if the President determines that the person knowingly, on or after the date of the enactment of the Iran Threat Reduction and Syria Human Rights Act of 2012 [Aug. 10, 2012], sells, leases, or provides to Iran goods, services, technology, information, or support described in subparagraph (B)—“(i) any of which has a fair market value of $1,000,000 or more; or
“(ii) that, during a 12-month period, have an aggregate fair market value of $5,000,000 or more.
“(B)Goods, services, technology, information, or support described.—Goods, services, technology, information, or support described in this subparagraph are goods, services, technology, information, or support that could directly and significantly facilitate the maintenance or expansion of Iran’s domestic production of refined petroleum products, including any direct and significant assistance with respect to the construction, modernization, or repair of petroleum refineries or directly associated infrastructure, including construction of port facilities, railways, and roads, the primary use of which is to support the delivery of refined petroleum products.
“(3)Exportation of refined petroleum products to iran.—“(A)In general.—Except as provided in subsection (f), the President shall impose 5 or more of the sanctions described in section 6(a) with respect to a person if the President determines that the person knowingly, on or after the date of the enactment of the Iran Threat Reduction and Syria Human Rights Act of 2012 [Aug. 10, 2012]—“(i) sells or provides to Iran refined petroleum products— “(I) that have a fair market value of $1,000,000 or more; or
“(II) that, during a 12-month period, have an aggregate fair market value of $5,000,000 or more; or
“(ii) sells, leases, or provides to Iran goods, services, technology, information, or support described in subparagraph (B)— “(I) any of which has a fair market value of $1,000,000 or more; or
“(II) that, during a 12-month period, have an aggregate fair market value of $5,000,000 or more.
“(B)Goods, services, technology, information, or support described.—Goods, services, technology, information, or support described in this subparagraph are goods, services, technology, information, or support that could directly and significantly contribute to the enhancement of Iran’s ability to import refined petroleum products, including—“(i) except as provided in subparagraph (C), underwriting or entering into a contract to provide insurance or reinsurance for the sale, lease, or provision of such goods, services, technology, information, or support;
“(ii) financing or brokering such sale, lease, or provision;
“(iii) providing ships or shipping services to deliver refined petroleum products to Iran;
“(iv) bartering or contracting by which goods are exchanged for goods, including the insurance or reinsurance of such exchanges; or
“(v) purchasing, subscribing to, or facilitating the issuance of sovereign debt of the Government of Iran, including governmental bonds, issued on or after the date of the enactment of the Iran Threat Reduction and Syria Human Rights Act of 2012.
“(C)Exception for underwriters and insurance providers exercising due diligence.—The President may not impose sanctions under this paragraph with respect to a person that provides underwriting services or insurance or reinsurance if the President determines that the person has exercised due diligence in establishing and enforcing official policies, procedures, and controls to ensure that the person does not underwrite or enter into a contract to provide insurance or reinsurance for the sale, lease, or provision of goods, services, technology, information, or support described in subparagraph (B).
“(4)Joint ventures with iran relating to developing petroleum resources.—“(A)In general.—Except as provided in subparagraph (B) or subsection (f), the President shall impose 5 or more of the sanctions described in section 6(a) with respect to a person if the President determines that the person knowingly participates, on or after the date of the enactment of the Iran Threat Reduction and Syria Human Rights Act of 2012 [Aug. 10, 2012], in a joint venture with respect to the development of petroleum resources outside of Iran if—“(i) the joint venture is established on or after January 1, 2002; and
“(ii)(I) the Government of Iran is a substantial partner or investor in the joint venture; or
“(II) Iran could, through a direct operational role in the joint venture or by other means, receive technological knowledge or equipment not previously available to Iran that could directly and significantly contribute to the enhancement of Iran’s ability to develop petroleum resources in Iran.
“(B)Applicability.—Subparagraph (A) shall not apply with respect to participation in a joint venture established on or after January 1, 2002, and before the date of the enactment of the Iran Threat Reduction and Syria Human Rights Act of 2012, if the person participating in the joint venture terminates that participation not later than the date that is 180 days after such date of enactment.
“(5)Support for the development of petroleum resources and refined petroleum products in iran.—“(A)In general.—Except as provided in subsection (f), the President shall impose 5 or more of the sanctions described in section 6(a) with respect to a person if the President determines that the person knowingly, on or after the date of the enactment of the Iran Threat Reduction and Syria Human Rights Act of 2012 [Aug. 10, 2012], sells, leases, or provides to Iran goods, services, technology, or support described in subparagraph (B)—“(i) any of which has a fair market value of $1,000,000 or more; or
“(ii) that, during a 12-month period, have an aggregate fair market value of $5,000,000 or more.
“(B)Goods, services, technology, or support described.—Goods, services, technology, or support described in this subparagraph are goods, services, technology, or support that could directly and significantly contribute to the maintenance or enhancement of Iran’s—“(i) ability to develop petroleum resources located in Iran; or
“(ii) domestic production of refined petroleum products, including any direct and significant assistance with respect to the construction, modernization, or repair of petroleum refineries or directly associated infrastructure, including construction of port facilities, railways, and roads, the primary use of which is to support the delivery of refined petroleum products.
“(6)Development and purchase of petrochemical products from iran.—“(A)In general.—Except as provided in subsection (f), the President shall impose 5 or more of the sanctions described in section 6(a) with respect to a person if the President determines that the person knowingly, on or after the date of the enactment of the Iran Threat Reduction and Syria Human Rights Act of 2012 [Aug. 10, 2012], sells, leases, or provides to Iran goods, services, technology, or support described in subparagraph (B)—“(i) any of which has a fair market value of $250,000 or more; or
“(ii) that, during a 12-month period, have an aggregate fair market value of $1,000,000 or more.
“(B)Goods, services, technology, or support described.—Goods, services, technology, or support described in this subparagraph are goods, services, technology, or support that could directly and significantly contribute to the maintenance or expansion of Iran’s domestic production of petrochemical products.
“(7)Transportation of crude oil from iran.—“(A)In general.—Except as provided in subsection (f), the President shall impose 5 or more of the sanctions described in section 6(a) with respect to a person if the President determines that—“(i) the person is a controlling beneficial owner of, or otherwise owns, operates, or controls, or insures, a vessel that, on or after the date that is 90 days after the date of the enactment of the Iran Threat Reduction and Syria Human Rights Act of 2012 [Aug. 10, 2012], was used to transport crude oil from Iran to another country; and
“(ii)(I) in the case of a person that is a controlling beneficial owner of the vessel, the person had actual knowledge the vessel was so used; or
“(II) in the case of a person that otherwise owns, operates, or controls, or insures, the vessel, the person knew or should have known the vessel was so used.
“(B)Applicability of sanctions.—“(i)In general.—Except as provided in clause (ii), subparagraph (A) shall apply with respect to the transportation of crude oil from Iran only if a determination of the President under section 1245(d)(4)(B) of the National Defense Authorization Act for Fiscal Year 2012 (22 U.S.C. 8513a(d)(4)(B)) that there is a sufficient supply of petroleum and petroleum products produced in countries other than Iran to permit purchasers of petroleum and petroleum products from Iran to reduce significantly their purchases from Iran is in effect at the time of the transportation of the crude oil. “(ii)Exception for certain countries.—Subparagraph (A) shall not apply with respect to the transportation of crude oil from Iran to a country to which the exception under paragraph (4)(D) of section 1245(d) of the National Defense Authorization Act for Fiscal Year 2012 (22 U.S.C. 8513a(d)) to the imposition of sanctions under paragraph (1) of that section applies at the time of the transportation of the crude oil. “(8)Concealing iranian origin of crude oil and refined petroleum products.—“(A)In general.—Except as provided in subsection (f), the President shall impose 5 or more of the sanctions described in section 6(a) with respect to a person if the President determines that the person is a controlling beneficial owner, or otherwise owns, operates, or controls, a vessel that, on or after the date that is 90 days after the date of the enactment of the Iran Threat Reduction and Syria Human Rights Act of 2012 [Aug. 10, 2012], is used, with actual knowledge in the case of a person that is a controlling beneficial owner or knowingly in the case of a person that otherwise owns, operates, or controls the vessel, in a manner that conceals the Iranian origin of crude oil or refined petroleum products transported on the vessel, including by—“(i) permitting the operator of the vessel to suspend the operation of the vessel’s satellite tracking device; or
“(ii) obscuring or concealing the ownership, operation, or control of the vessel by— “(I) the Government of Iran;
“(II) the National Iranian Tanker Company or the Islamic Republic of Iran Shipping Lines; or
“(III) any other entity determined by the President to be owned or controlled by the Government of Iran or an entity specified in subclause (II).
“(B)Additional sanction.—Subject to such regulations as the President may prescribe and in addition to the sanctions imposed under subparagraph (A), the President may prohibit a vessel owned, operated, or controlled by a person, including a controlling beneficial owner, with respect to which the President has imposed sanctions under that subparagraph and that was used for the activity for which the President imposed those sanctions from landing at a port in the United States for a period of not more than 2 years after the date on which the President imposed those sanctions.
“(C)Vessels identified by the office of foreign assets control.—For purposes of subparagraph (A)(ii), a person shall be deemed to have actual knowledge that a vessel is owned, operated, or controlled by the Government of Iran or an entity specified in subclause (II) or (III) of subparagraph (A)(ii) if the International Maritime Organization vessel registration identification for the vessel is—“(i) included on a list of specially designated nationals and blocked persons maintained by the Office of Foreign Assets Control of the Department of the Treasury for activities with respect to Iran; and
“(ii) identified by the Office of Foreign Assets Control as a vessel in which the Government of Iran or any entity specified in subclause (II) or (III) of subparagraph (A)(ii) has an interest.
“(D)Definition of iranian origin.—For purposes of subparagraph (A), the term ‘Iranian origin’ means—“(i) with respect to crude oil, that the crude oil was extracted in Iran; and
“(ii) with respect to a refined petroleum product, that the refined petroleum product was produced or refined in Iran.
“(9)Exception for provision of underwriting services and insurance and reinsurance.—The President may not impose sanctions under paragraph (7) or (8) with respect to a person that provides underwriting services or insurance or reinsurance if the President determines that the person has exercised due diligence in establishing and enforcing official policies, procedures, and controls to ensure that the person does not provide underwriting services or insurance or reinsurance for the transportation of crude oil or refined petroleum products from Iran in a manner for which sanctions may be imposed under either such paragraph.
“(span)Mandatory Sanctions With Respect to Development of Weapons of Mass Destruction or Other Military Capabilities.—“(1)Exports, transfers, and transshipments.—Except as provided in subsection (f), the President shall impose 5 or more of the sanctions described in section 6(a) with respect to a person if the President determines that the person—“(A) on or after the date of the enactment of the Iran Threat Reduction and Syria Human Rights Act of 2012 [Aug. 10, 2012], exported or transferred, or permitted or otherwise facilitated the transshipment of, any goods, services, technology, or other items to any other person; and
“(B) knew or should have known that—“(i) the export, transfer, or transshipment of the goods, services, technology, or other items would likely result in another person exporting, transferring, transshipping, or otherwise providing the goods, services, technology, or other items to Iran; and
“(ii) the export, transfer, transshipment, or other provision of the goods, services, technology, or other items to Iran would contribute materially to the ability of Iran to— “(I) acquire or develop chemical, biological, or nuclear weapons or related technologies; or
“(II) acquire or develop destabilizing numbers and types of advanced conventional weapons.
“(2)Joint ventures relating to the mining, production, or transportation of uranium.—“(A)In general.—Except as provided in subparagraph (B) or subsection (f), the President shall impose 5 or more of the sanctions described in section 6(a) with respect to a person if the President determines that the person knowingly participated, on or after the date of the enactment of the Iran Threat Reduction and Syria Human Rights Act of 2012 [Aug. 10, 2012], in a joint venture that involves any activity relating to the mining, production, or transportation of uranium—“(i)(I) established on or after February 2, 2012; and
“(II) with— “(aa) the Government of Iran;
“(bspan) an entity incorporated in Iran or subject to the jurisdiction of the Government of Iran; or
“(cc) a person acting on behalf of or at the direction of, or owned or controlled by, the Government of Iran or an entity described in item (bspan); or
“(ii)(I) established before February 2, 2012;
“(II) with the Government of Iran, an entity described in item (bspan) of clause (i)(II), or a person described in item (cc) of that clause; and
“(III) through which— “(aa) uranium is transferred directly to Iran or indirectly to Iran through a third country;
“(bspan) the Government of Iran receives significant revenue; or
“(cc) Iran could, through a direct operational role or by other means, receive technological knowledge or equipment not previously available to Iran that could contribute materially to the ability of Iran to develop nuclear weapons or related technologies.
“(B)Applicability of sanctions.—Subparagraph (A) shall not apply with respect to participation in a joint venture established before the date of the enactment of the Iran Threat Reduction and Syria Human Rights Act of 2012 if the person participating in the joint venture terminates that participation not later than the date that is 180 days after such date of enactment.
“(3)Additional mandatory sanctions relating to transfer of nuclear technology.—“(A)In general.—Except as provided in subparagraphs (B) and (C), in any case in which a person is subject to sanctions under paragraph (1) or (2) because of an activity described in that paragraph that relates to the acquisition or development of nuclear weapons or related technology or of missiles or advanced conventional weapons that are designed or modified to deliver a nuclear weapon, no license may be issued for the export, and no approval may be given for the transfer or retransfer, directly or indirectly, to the country the government of which has primary jurisdiction over the person, of any nuclear material, facilities, components, or other goods, services, or technology that are or would be subject to an agreement for cooperation between the United States and that government.
“(B)Exception.—The sanctions described in subparagraph (A) shall not apply with respect to a country the government of which has primary jurisdiction over a person that engages in an activity described in that subparagraph if the President determines and notifies the appropriate congressional committees that the government of the country—“(i) does not know or have reason to know about the activity; or
“(ii) has taken, or is taking, all reasonable steps necessary to prevent a recurrence of the activity and to penalize the person for the activity.
“(C)Individual approval.—Notwithstanding subparagraph (A), the President may, on a case-by-case basis, approve the issuance of a license for the export, or approve the transfer or retransfer, of any nuclear material, facilities, components, or other goods, services, or technology that are or would be subject to an agreement for cooperation, to a person in a country to which subparagraph (A) applies (other than a person that is subject to the sanctions under paragraph (1) or (2)) if the President—“(i) determines that such approval is vital to the national security interests of the United States; and
“(ii) not later than 15 days before issuing such license or approving such transfer or retransfer, submits to the Committee on Foreign Affairs of the House of Representatives and the Committee on Foreign Relations of the Senate the justification for approving such license, transfer, or retransfer.
“(D)Construction.—The restrictions in subparagraph (A) shall apply in addition to all other applicable procedures, requirements, and restrictions contained in the Atomic Energy Act of 1954 [42 U.S.C. 2011 et seq.] and other related laws. “(E)Definition.—In this paragraph, the term ‘agreement for cooperation’ has the meaning given that term in section 11 span. of the Atomic Energy Act of 1954 (42 U.S.C. 2014(span)). “(F)Applicability.—The sanctions under subparagraph (A) shall apply only in a case in which a person is subject to sanctions under paragraph (1) or (2) because of an activity described in paragraph (1) or (2), as the case may be[,] in which the person engages on or after the date of the enactment of the Iran Threat Reduction and Syria Human Rights Act of 2012 [Aug. 10, 2012].
“(c)Persons Against Which the Sanctions Are To Be Imposed.—The sanctions described in subsection (a) and paragraphs (1) and (2) of subsection (span) shall be imposed on—“(1) any person the President determines has carried out the activities described in subsection (a) or paragraph (1) or (2) of subsection (span); and
“(2) any person that—“(A) is a successor entity to the person referred to in paragraph (1);
“(B) owns or controls the person referred to in paragraph (1), if the person that owns or controls the person referred to in paragraph (1) had actual knowledge or should have known that the person referred to in paragraph (1) engaged in the activities referred to in that paragraph; or
“(C) is owned or controlled by, or under common ownership or control with, the person referred to in paragraph (1), if the person owned or controlled by, or under common ownership or control with (as the case may be), the person referred to in paragraph (1) knowingly engaged in the activities referred to in that paragraph.
For purposes of this Act, any person or entity described in this subsection shall be referred to as a ‘sanctioned person’.
“(d)Publication in Federal Register.—The President shall cause to be published in the Federal Register a current list of persons and entities on whom sanctions have been imposed under this Act. The removal of persons or entities from, and the addition of persons and entities to, the list, shall also be so published.
“(e)Publication of Projects.—The President shall cause to be published in the Federal Register a list of all significant projects which have been publicly tendered in the oil and gas sector in Iran.
“(f)Exceptions.—The President shall not be required to apply or maintain the sanctions under subsection (a) or paragraph (1) or (2) of subsection (span)—“(1) in the case of procurement of defense articles or defense services—“(A) under existing contracts or subcontracts, including the exercise of options for production quantities to satisfy requirements essential to the national security of the United States;
“(B) if the President determines in writing that the person to which the sanctions would otherwise be applied is a sole source supplier of the defense articles or services, that the defense articles or services are essential, and that alternative sources are not readily or reasonably available; or
“(C) if the President determines in writing that such articles or services are essential to the national security under defense coproduction agreements;
“(2) in the case of procurement, to eligible products, as defined in section 308(4) of the Trade Agreements Act of 1979 (19 U.S.C. 2518(4)), of any foreign country or instrumentality designated under section 301(span) of that Act (19 U.S.C. 2511(span)); “(3) to products, technology, or services provided under contracts entered into before the date on which the President publishes in the Federal Register the span of the person on whom the sanctions are to be imposed;
“(4) to—“(A) spare parts which are essential to United States products or production;
“(B) component parts, but not finished products, essential to United States products or production; or
“(C) routine servicing and maintenance of products, to the extent that alternative sources are not readily or reasonably available;
“(5) to information and technology essential to United States products or production; or
“(6) to medicines, medical supplies, or other humanitarian items.
“SEC. 6. DESCRIPTION OF SANCTIONS.“(a)In General.—The sanctions to be imposed on a sanctioned person under section 5 are as follows:“(1)Export-import bank assistance for exports to sanctioned persons.—The President may direct the Export-Import Bank of the United States not to give approval to the issuance of any guarantee, insurance, extension of credit, or participation in the extension of credit in connection with the export of any goods or services to any sanctioned person.
“(2)Export sanction.—The President may order the United States Government not to issue any specific license and not to grant any other specific permission or authority to export any goods or technology to a sanctioned person under—“(iv) any other statute that requires the prior review and approval of the United States Government as a condition for the export or reexport of goods or services.
“(3)Loans from united states financial institutions.—The United States Government may prohibit any United States financial institution from making loans or providing credits to any sanctioned person totaling more than $10,000,000 in any 12-month period unless such person is engaged in activities to relieve human suffering and the loans or credits are provided for such activities.
“(4)Prohibitions on financial institutions.—The following prohibitions may be imposed against a sanctioned person that is a financial institution:“(A)Prohibition on designation as primary dealer.—Neither the Board of Governors of the Federal Reserve System nor the Federal Reserve Bank of New York may designate, or permit the continuation of any prior designation of, such financial institution as a primary dealer in United States Government debt instruments.
“(B)Prohibition on service as a repository of government funds.—Such financial institution may not serve as agent of the United States Government or serve as repository for United States Government funds.
The imposition of either sanction under subparagraph (A) or (B) shall be treated as 1 sanction for purposes of section 5, and the imposition of both such sanctions shall be treated as 2 sanctions for purposes of section 5.
“(5)Procurement sanction.—The United States Government may not procure, or enter into any contract for the procurement of, any goods or services from a sanctioned person.
“(6)Foreign exchange.—The President may, pursuant to such regulations as the President may prescribe, prohibit any transactions in foreign exchange that are subject to the jurisdiction of the United States and in which the sanctioned person has any interest.
“(7)Banking transactions.—The President may, pursuant to such regulations as the President may prescribe, prohibit any transfers of credit or payments between financial institutions or by, through, or to any financial institution, to the extent that such transfers or payments are subject to the jurisdiction of the United States and involve any interest of the sanctioned person.
“(8)Property transactions.—The President may, pursuant to such regulations as the President may prescribe, prohibit any person from—“(A) acquiring, holding, withholding, using, transferring, withdrawing, transporting, importing, or exporting any property that is subject to the jurisdiction of the United States and with respect to which the sanctioned person has any interest;
“(B) dealing in or exercising any right, power, or privilege with respect to such property; or
“(C) conducting any transaction involving such property.
“(9)Ban on investment in equity or debt of sanctioned person.—The President may, pursuant to such regulations or guidelines as the President may prescribe, prohibit any United States person from investing in or purchasing significant amounts of equity or debt instruments of a sanctioned person.
“(10)Exclusion of corporate officers.—The President may direct the Secretary of State to deny a visa to, and the Secretary of Homeland Security to exclude from the United States, any alien that the President determines is a corporate officer or principal of, or a shareholder with a controlling interest in, a sanctioned person.
“(11)Sanctions on principal executive officers.—The President may impose on the principal executive officer or officers of any sanctioned person, or on persons performing similar functions and with similar authorities as such officer or officers, any of the sanctions under this subsection.
“(12)Additional sanctions.—The President may impose sanctions, as appropriate, to restrict imports with respect to a sanctioned person, in accordance with the International Emergency Economic Powers Act (50 U.S.C. 1701 and following). “(span)Additional Measure Relating to Government Contracts.—“(1)Modification of federal acquisition regulation.—“(A)Certifications relating to activities described in section 5.—Not later than 90 days after the date of the enactment of the Comprehensive Iran Sanctions, Accountability, and Divestment Act of 2010 [July 1, 2010], the Federal Acquisition Regulation shall be revised to require a certification from each person that is a prospective contractor that the person, and any person owned or controlled by the person, does not engage in any activity for which sanctions may be imposed under section 5.
“(B)Certifications relating to transactions with iran’s revolutionary guard corps.—Not later than 120 days after the date of the enactment of the Iran Threat Reduction and Syria Human Rights Act of 2012 [Aug. 10, 2012], the Federal Acquisition Regulation shall be revised to require a certification from each person that is a prospective contractor that the person, and any person owned or controlled by the person, does not knowingly engage in a significant transaction or transactions with Iran’s Revolutionary Guard Corps or any of its officials, 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.). “(2)Remedies.—“(A)In general.—If the head of an executive agency determines that a person has submitted a false certification under paragraph (1) on or after the date on which the applicable revision of the Federal Acquisition Regulation required by this subsection becomes effective, the head of that executive agency shall terminate a contract with such person or debar or suspend such person from eligibility for Federal contracts for a period of not less than 2 years. Any such debarment or suspension shall be subject to the procedures that apply to debarment and suspension under the Federal Acquisition Regulation under subpart 9.4 of part 9 of title 48, Code of Federal Regulations.
“(B)Inclusion on list of parties excluded from federal procurement and nonprocurement programs.—The Administrator of General Services shall include on the List of Parties Excluded from Federal Procurement and Nonprocurement Programs maintained by the Administrator under part 9 of the Federal Acquisition Regulation each person that is debarred, suspended, or proposed for debarment or suspension by the head of an executive agency on the basis of a determination of a false certification under subparagraph (A).
“(3)Clarification regarding certain products.—The remedies set forth in paragraph (2) shall not apply with respect to the procurement of eligible products, as defined in section 308(4) of the Trade Agreements Act of 1974 [1979] (19 U.S.C. 2518(4)), of any foreign country or instrumentality designated under section 301(span) of that Act (19 U.S.C. 2511(span)). “(4)Rule of construction.—This subsection shall not be construed to limit the use of other remedies available to the head of an executive agency or any other official of the Federal Government on the basis of a determination of a false certification under paragraph (1).
“(5)Waivers.—The President may on a case-by-case basis waive the requirement that a person make a certification under paragraph (1) if the President determines and certifies in writing to the appropriate congressional committees, the Committee on Armed Services of the Senate, and the Committee on Armed Services of the House of Representatives, that it is essential to the national security interests of the United States to do so.
“(6)Definitions.—In this subsection:“(A)Executive agency.—The term ‘executive agency’ has the meaning given that term in section 133 of title 41, United States Code.
“(B)Federal acquisition regulation.—The term ‘Federal Acquisition Regulation’ means the regulation issued pursuant to section 1303(a)(1) of title 41, United States Code.
“(7)Applicability.—“(A)Certifications relating to activities described in section 5.—The revisions to the Federal Acquisition Regulation required under paragraph (1)(A) shall apply with respect to contracts for which solicitations are issued on or after the date that is 90 days after the date of the enactment of the Comprehensive Iran Sanctions, Accountability, and Divestment Act of 2010 [July 1, 2010].
“(B)Certifications relating to transactions with iran’s revolutionary guard corps.—The revisions to the Federal Acquisition Regulation required under paragraph (1)(B) shall apply with respect to contracts for which solicitations are issued on or after the date that is 120 days after the date of the enactment of the Iran Threat Reduction and Syria Human Rights Act of 2012 [Aug. 10, 2012].
“SEC. 7. ADVISORY OPINIONS.“The Secretary of State may, upon the request of any person, issue an advisory opinion to that person as to whether a proposed activity by that person would subject that person to sanctions under this Act. Any person who relies in good faith on such an advisory opinion which states that the proposed activity would not subject a person to such sanctions, and any person who thereafter engages in such activity, will not be made subject to such sanctions on account of such activity.
“SEC. 8. TERMINATION OF SANCTIONS.“The requirement under section 5(a) to impose sanctions shall no longer have force or effect with respect to Iran if the President determines and certifies to the appropriate congressional committees that Iran—“(1) has ceased its efforts to design, develop, manufacture, or acquire—“(A) a nuclear explosive device or related materials and technology;
“(B) chemical and biological weapons; and
“(C) ballistic missiles and ballistic missile launch technology;
“(2) has been removed from the list of countries the governments of which have been determined, for purposes of [former] section 6(j) of the Export Administration Act of 1979 [former 50 U.S.C. 4605(j)], to have repeatedly provided support for acts of international terrorism; and “(3) poses no significant threat to United States national security, interests, or allies.
“SEC. 9. DURATION OF SANCTIONS; PRESIDENTIAL WAIVER.“(a)Delay of Sanctions.—“(1)Consultations.—If the President makes a determination described in subsection (a) or paragraph (1) or (2) of subsection (span) of section 5 with respect to a foreign person, the Congress urges the President to initiate consultations immediately with the government with primary jurisdiction over that foreign person with respect to the imposition of sanctions under this Act.
“(2)Actions by government of jurisdiction.—In order to pursue consultations under paragraph (1) with the government concerned, the President may delay imposition of sanctions under this Act for up to 90 days. Following such consultations, the President shall immediately impose sanctions unless the President determines and certifies to the Congress that the government has taken specific and effective actions, including, as appropriate, the imposition of appropriate penalties, to terminate the involvement of the foreign person in the activities that resulted in the determination by the President under subsection (a) or paragraph (1) or (2) of subsection (span) of section 5 concerning such person.
“(3)Additional delay in imposition of sanctions.—The President may delay the imposition of sanctions for up to an additional 90 days if the President determines and certifies to the Congress that the government with primary jurisdiction over the person concerned is in the process of taking the actions described in paragraph (2).
“(4)Report to congress.—Not later than 90 days after making a determination under subsection (a) or paragraph (1) or (2) of subsection (span) of section 5, the President shall submit to the appropriate congressional committees a report on the status of consultations with the appropriate foreign government under this subsection, and the basis for any determination under paragraph (3).
“(span)Duration of Sanctions.—A sanction imposed under section 5 shall remain in effect—“(1) for a period of not less than 2 years from the date on which it is imposed; or
“(2) until such time as the President determines and certifies to the Congress that the person whose activities were the basis for imposing the sanction is no longer engaging in such activities and that the President has received reliable assurances that such person will not knowingly engage in such activities in the future, except that such sanction shall remain in effect for a period of at least 1 year.
“(c)Presidential Waiver.—“(1)Authority.—“(A)Sanctions relating to the energy sector of iran.—The President may waive, on a case-by-case basis and for a period of not more than one year, the requirement in section 5(a) to impose a sanction or sanctions on a person described in section 5(c), and may waive the continued imposition of a sanction or sanctions under subsection (span) of this section, 30 days or more after the President determines and so reports to the appropriate congressional committees that it is essential to the national security interests of the United States to exercise such waiver authority.
“(B)Sanctions relating to development of weapons of mass destruction or other military capabilities.—The President may waive, on a case-by-case basis and for a period of not more than one year, the requirement in paragraph (1) or (2) of section 5(span) to impose a sanction or sanctions on a person described in section 5(c), and may waive the continued imposition of a sanction or sanctions under subsection (span) of this section, 30 days or more after the President determines and so reports to the appropriate congressional committees that it is vital to the national security interests of the United States to exercise such waiver authority.
“(C)Renewal of waivers.—The President may renew, on a case-by-case basis, a waiver with respect to a person under subparagraph (A) or (B) for additional one-year periods if, not later than 30 days before the waiver expires, the President makes the determination and submits to the appropriate congressional committees the report described in subparagraph (A) or (B), as applicable.
“(2)Contents of report.—Any report under paragraph (1) shall provide a specific and detailed rationale for the determination under paragraph (1), including—“(A) a description of the conduct that resulted in the determination under subsection (a) or paragraph (1) or (2) of subsection (span) of section 5, as the case may be;
“(B) in the case of a foreign person, an explanation of the efforts to secure the cooperation of the government with primary jurisdiction over the sanctioned person to terminate or, as appropriate, penalize the activities that resulted in the determination under subsection (a) or paragraph (1) or (2) of subsection (span) of section 5, as the case may be;
“(C) an estimate of the significance of the conduct of the person in contributing to the ability of Iran to, as the case may be—“(i) develop petroleum resources, produce refined petroleum products, or import refined petroleum products; or
“(ii) acquire or develop— “(I) chemical, biological, or nuclear weapons or related technologies; or
“(II) destabilizing numbers and types of advanced conventional weapons; and
“(D) a statement as to the response of the United States in the event that the person concerned engages in other activities that would be subject to subsection (a) or paragraph (1) or (2) of subsection (span) of section 5.
“(3)Effect of report on waiver.—If the President makes a report under paragraph (1) with respect to a waiver of sanctions on a person described in section 5(c), sanctions need not be imposed under subsection (a) or paragraph (1) or (2) of subsection (span) of section 5 on that person during the 30-day period referred to in paragraph (1).
“SEC. 10. REPORTS REQUIRED.“(a)Report on Certain International Initiatives.—Not later than 6 months after the date of the enactment of this Act [Aug. 5, 1996], and every 6 months thereafter, the President shall transmit a report to the appropriate congressional committees describing—“(1) the efforts of the President to mount a multilateral campaign to persuade all countries to pressure Iran to cease its nuclear, chemical, biological, and missile weapons programs and its support of acts of international terrorism;
“(2) the efforts of the President to persuade other governments to ask Iran to reduce the presence of Iranian diplomats and representatives of other government and military or quasi-governmental institutions of Iran and to withdraw any such diplomats or representatives who participated in the takeover of the United States embassy in Tehran on November 4, 1979, or the subsequent holding of United States hostages for 444 days;
“(3) the extent to which the International Atomic Energy Agency has established regular inspections of all nuclear facilities in Iran, including those presently under construction; and
“(4) Iran’s use of Iranian diplomats and representatives of other government and military or quasi-governmental institutions of Iran to promote acts of international terrorism or to develop or sustain Iran’s nuclear, chemical, biological, and missile weapons programs.
“(span)Report on Effectiveness of Actions Under This Act.—Not earlier than 24 months, and not later than 30 months, after the date of the enactment of the ILSA Extension Act of 2001 [Aug. 3, 2001], the President shall transmit to Congress a report that describes—“(1) the extent to which actions relating to trade taken pursuant to this Act—“(A) have been effective in achieving the objectives of section 3 and any other foreign policy or national security objectives of the United States with respect to Iran; and
“(B) have affected humanitarian interests in Iran, the country in which the sanctioned person is located, or in other countries; and
“(2) the impact of actions relating to trade taken pursuant to this Act on other national security, economic, and foreign policy interests of the United States, including relations with countries friendly to the United States, and on the United States economy.
The President may include in the report the President’s recommendation on whether or not this Act should be terminated or modified.
“(c)Other Reports.—The President shall ensure the continued transmittal to the Congress of reports describing—“(1) the nuclear and other military capabilities of Iran, as required by section 601(a) of the Nuclear Non-Proliferation Act of 1978 [22 U.S.C. 3281(a)] and section 1607 of the National Defense Authorization Act for Fiscal Year 1993 [Puspan. L. 102–484, set out below]; and “(2) the support provided by Iran for acts of international terrorism, as part of the Department of State’s annual report on international terrorism.
“(d)Reports on Global Trade Relating to Iran.—Not later than 90 days after the date of the enactment of the Comprehensive Iran Sanctions, Accountability, and Divestment Act of 2010 [July 1, 2010], and annually thereafter, the President shall submit to the appropriate congressional committees a report, with respect to the most recent 12-month period for which data are available, on the dollar value amount of trade, including in the energy sector, between Iran and each country maintaining membership in the Group of 20 Finance Ministers and Central Bank Governors.
“SEC. 11. DETERMINATIONS NOT REVIEWABLE.“A determination to impose sanctions under this Act shall not be reviewable in any court.
“SEC. 12. EXCLUSION OF CERTAIN ACTIVITIES.“Nothing in this Act shall apply to any activities subject to the reporting requirements of title V of the National Security Act of 1947 [50 U.S.C. 3091 et seq.].
“SEC. 13. EFFECTIVE DATE; SUNSET.“(a)Effective Date.—This Act shall take effect on the date of the enactment of this Act [Aug. 5, 1996].
“(span)Sunset.—This Act shall cease to be effective on December 31, 2026.
“SEC. 14. DEFINITIONS.“As used in this Act:“(1)Act of international terrorism.—The term ‘act of international terrorism’ means an act—“(A) which is violent or dangerous to human life and that is a violation of the criminal laws of the United States or of any State or that would be a criminal violation if committed within the jurisdiction of the United States or any State; and
“(B) which appears to be intended—“(i) to intimidate or coerce a civilian population;
“(ii) to influence the policy of a government by intimidation or coercion; or
“(iii) to affect the conduct of a government by assassination or kidnapping.
“(2)Appropriate congressional committees.—The term ‘appropriate congressional committees’ means the Committee on Finance, the Committee on Banking, Housing, and Urban Affairs, and the Committee on Foreign Relations of the Senate and the Committee on Ways and Means, the Committee on Financial Services, and the Committee on Foreign Affairs of the House of Representatives.
“(3)Component part.—The term ‘component part’ has the meaning given that term in section 11A(e)(1) of the Export Administration Act of 1979 (50 U.S.C. App. 2410a(e)(1)) [now 50 U.S.C. 4611(e)(1)]. “(4)Credible information.—The term ‘credible information’, with respect to a person—“(A) includes—“(i) a public announcement by the person that the person has engaged in an activity described in subsection (a) or (span) of section 5; and
“(ii) information set forth in a report to stockholders of the person indicating that the person has engaged in such an activity; and
“(B) may include, in the discretion of the President—“(i) an announcement by the Government of Iran that the person has engaged in such an activity; or
“(ii) information indicating that the person has engaged in such an activity that is set forth in— “(I) a report of the Government Accountability Office, the Energy Information Administration, or the Congressional Research Service; or
“(II) a report or publication of a similarly reputable governmental organization or trade or industry organization.
“(5)Develop and development.—To ‘develop’, or the ‘development’ of, petroleum resources means the exploration for, or the extraction, refining, or transportation by pipeline of, petroleum resources.
“(6)Financial institution.—The term ‘financial institution’ includes—“(A) a depository institution (as defined in section 3(c)(1) of the Federal Deposit Insurance Act [12 U.S.C. 1813(c)(1)]), including a branch or agency of a foreign bank (as defined in section 1(span)(7) of the International Banking Act of 1978 [12 U.S.C. 3101(span)(7)]); “(B) a credit union;
“(C) a securities firm, including a broker or dealer;
“(D) an insurance company, including an agency or underwriter; and
“(E) any other company that provides financial services.
“(7)Finished product.—The term ‘finished product’ has the meaning given that term in section 11A(e)(2) of the Export Administration Act of 1979 (50 U.S.C. App. 2410a(e)(2)) [now 50 U.S.C. 4611(e)(2)]. “(8)Foreign person.—The term ‘foreign person’ means—“(A) an individual who is not a United States person or an alien lawfully admitted for permanent residence into the United States; or
“(B) a corporation, partnership, or other nongovernmental entity which is not a United States person.
“(9)Goods and technology.—The terms ‘goods’ and ‘technology’ have the meanings given those terms in [former] section 16 of the Export Administration Act of 1979 (50 U.S.C. App. 2415) [former 50 U.S.C. 4618]. “(10)Investment.—The term ‘investment’ means any of the following activities if such activity is undertaken pursuant to an agreement, or pursuant to the exercise of rights under such an agreement, that is entered into with the Government of Iran or a nongovernmental entity in Iran on or after the date of the enactment of this Act [Aug. 5, 1996]:“(A) The entry into a contract that includes responsibility for the development of petroleum resources located in Iran, or the entry into a contract providing for the general supervision and guarantee of another person’s performance of such a contract.
“(B) The purchase of a share of ownership, including an equity interest, in that development.
“(C) The entry into a contract providing for the participation in royalties, earnings, or profits in that development, without regard to the form of the participation.
For purposes of this paragraph, an amendment or other modification that is made, on or after June 13, 2001, to an agreement or contract shall be treated as the entry of an agreement or contract.
“(11)Iran.—The term ‘Iran’ includes any agency or instrumentality of Iran.
“(12)Iranian diplomats and representatives of other government and military or quasi-governmental institutions of iran.—The term ‘Iranian diplomats and representatives of other government and military or quasi-governmental institutions of Iran’ includes employees, representatives, or affiliates of Iran’s—“(A) Foreign Ministry;
“(B) Ministry of Intelligence and Security;
“(C) Revolutionary Guard Corps;
“(D) Crusade for Reconstruction;
“(E) Qods (Jerusalem) Forces;
“(F) Interior Ministry;
“(G) Foundation for the Oppressed and Disabled;
“(H) Prophet’s Foundation;
“(I) June 5th Foundation;
“(J) Martyr’s Foundation;
“(K) Islamic Propagation Organization; and
“(L) Ministry of Islamic Guidance.
“(13)Knowingly.—The term ‘knowingly’, with respect to conduct, a circumstance, or a result, means that a person has actual knowledge, or should have known, of the conduct, the circumstance, or the result.
“(14)Nuclear explosive device.—The term ‘nuclear explosive device’ means any device, whether assembled or disassembled, that is designed to produce an instantaneous release of an amount of nuclear energy from special nuclear material (as defined in section 11(aa) of the Atomic Energy Act of 1954 [42 U.S.C. 2014(aa)]) that is greater than the amount of energy that would be released from the detonation of one pound of trinitrotoluene (TNT). “(15)Person.—“(A)In general.—The term ‘person’ means—“(i) a natural person;
“(ii) a corporation, business association, partnership, society, trust, financial institution, insurer, underwriter, guarantor, and any other business organization, any other nongovernmental entity, organization, or group, and any governmental entity operating as a business enterprise; and
“(iii) any successor to any entity described in clause (ii).
“(B)Application to governmental entities.—The term ‘person’ does not include a government or governmental entity that is not operating as a business enterprise.
“(16)Petrochemical product.—The term ‘petrochemical product’ includes any aromatic, olefin, or synthesis gas, and any derivative of such a gas, including ethylene, propylene, butadiene, benzene, toluene, xylene, ammonia, methanol, and urea.
“(17)Petroleum resources.—The term ‘petroleum resources’ includes petroleum, refined petroleum products, oil or liquefied natural gas, natural gas resources, oil or liquefied natural gas tankers, and products used to construct or maintain pipelines used to transport oil or liquefied natural gas.
“(18)Refined petroleum products.—The term ‘refined petroleum products’ means diesel, gasoline, jet fuel (including naphtha-type and kerosene-type jet fuel), and aviation gasoline.
“(19)Services.—The term ‘services’ includes software, hardware, financial, professional consulting, engineering, and specialized energy information services, energy-related technical assistance, and maintenance and repairs.
“(20)United states or state.—The term ‘United States’ or ‘State’ means the several States, the District of Columbia, the Commonwealth of Puerto Rico, the Commonwealth of the Northern Mariana Islands, American Samoa, Guam, the United States Virgin Islands, and any other territory or possession of the United States.
“(21)United states person.—The term ‘United States person’ means—“(A) a natural person who is a citizen of the United States or who owes permanent allegiance to the United States; and
“(B) a corporation or other legal entity which is organized under the laws of the United States, any State or territory thereof, or the District of Columbia, if natural persons described in subparagraph (A) own, directly or indirectly, more than 50 percent of the outstanding capital stock or other beneficial interest in such legal entity.”
[Puspan. L. 112–158, title II, § 202(span), Aug. 10, 2012, 126 Stat. 1223, provided that: “Not later than 90 days after the date of the enactment of this Act [Aug. 10, 2012], the President shall prescribe such regulations or guidelines as are necessary to implement paragraphs (7), (8), and (9) of section 5(a) of the Iran Sanctions Act of 1996 [Puspan. L. 104–172, set out above], as added by this section, including such regulations or guidelines as are necessary to implement subparagraph (B) of such paragraph (8).”]
[Puspan. L. 112–158, title II, § 204(span), Aug. 10, 2012, 126 Stat. 1226, provided that: “The amendments made by subsection (a) [amending section 6(a) of Puspan. L. 104–172, set out above] shall take effect on the date of the enactment of this Act [Aug. 10, 2012] and apply with respect to activities described in subsections (a) and (span) of section 5 of the Iran Sanctions Act of 1996 [Puspan. L. 104–172, set out above], as amended by this title, commenced on or after such date of enactment.”]
[Puspan. L. 112–158, title II, § 207(span), Aug. 10, 2012, 126 Stat. 1227, provided that: “The amendments made by subsection (a) [amending section 14 of Puspan. L. 104–172, set out above] shall take effect on the date of the enactment of this Act [Aug. 10, 2012] and apply with respect to activities described in subsections (a) and (span) of section 5 of the Iran Sanctions Act of 1996 [Puspan. L. 104–172, set out above], as amended by this title, commenced on or after such date of enactment.”]
[Puspan. L. 111–195, title I, § 102(h), July 1, 2010, 124 Stat. 1325, provided that:
[“(1) In general.—The amendments made by this section [amending Puspan. L. 104–172, set out above] shall—
[“(A) take effect on the date of the enactment of this Act [July 1, 2010]; and
[“(B) except as provided in this subsection or section 6(span)(7) of the Iran Sanctions Act of 1996 [Puspan. L. 104–172, set out above], as amended by subsection (span) of this section, apply with respect to an investment or activity described in subsection (a) or (span) of section 5 of the Iran Sanctions Act of 1996, as amended by this section, that is commenced on or after such date of enactment.
[“(2) Applicability to ongoing investments prohibited under prior law.—A person that makes an investment described in section 5(a) of the Iran Sanctions Act of 1996, as in effect on the day before the date of the enactment of this Act, that is commenced before such date of enactment and continues on or after such date of enactment, shall, except as provided in paragraph (4), be subject to the provisions of the Iran Sanctions Act of 1996, as in effect on the day before such date of enactment.
[“(3) Applicability to ongoing activities relating to chemical, biological, or nuclear weapons or related technologies.—A person that, before the date of the enactment of this Act, commenced an activity described in section 5(span) of the Iran Sanctions Act of 1996, as in effect on the day before such date of enactment, and continues the activity on or after such date of enactment, shall be subject to the provisions of the Iran Sanctions Act of 1996, as amended by this Act.
[“(4) Applicability of mandatory investigations to investments.—The amendments made by subsection (g)(5) of this section [amending section 4 of Puspan. L. 104–172, set out above] shall apply on and after the date of the enactment of this Act—
[“(A) with respect to an investment described in section 5(a)(1) of the Iran Sanctions Act of 1996, as amended by subsection (a) of this section, that is commenced on or after such date of enactment; and
[“(B) with respect to an investment described in section 5(a) of the Iran Sanctions Act of 1996, as in effect on the day before the date of the enactment of this Act, that is commenced before such date of enactment and continues on or after such date of enactment.
[“(5) Applicability of mandatory investigations to activities relating to petroleum.—
[“(A) In general.—Except as provided in subparagraph (B), the amendments made by subsection (g)(5) of this section shall apply on and after the date that is 1 year after the date of the enactment of this Act with respect to an activity described in paragraph (2) or (3) of section 5(a) of the Iran Sanctions Act of 1996, as amended by subsection (a) of this section, that is commenced on or after the date that is 1 year after the date of the enactment of this Act or the date on which the President fails to submit a certification that is required under subparagraph (B) (whichever is applicable).
[“(B) Special rule for delay of effective date.—
[“(i) Reporting requirement.—Not later than 30 days before the date that is 1 year after the date of the enactment of this Act, the President shall submit to the appropriate congressional committees a report describing—
[“(I) the diplomatic and other efforts of the President—
[“(aa) to dissuade foreign persons from engaging in activities described in paragraph (2) or (3) of section 5(a) of the Iran Sanctions Act of 1996, as amended by subsection (a) of this section; and
[“(bspan) to encourage other governments to dissuade persons over which those governments have jurisdiction from engaging in such activities;
[“(II) the successes and failures of the efforts described in subclause (I); and
[“(III) each investigation under section 4(e) of the Iran Sanctions Act of 1996, as amended by subsection (g)(5) of this section and as in effect pursuant to subparagraph (C) of this paragraph, or any other review of an activity described in paragraph (2) or (3) of section 5(a) of the Iran Sanctions Act of 1996, as amended by subsection (a) of this section, that is initiated or ongoing during the period beginning on the date of the enactment of this Act and ending on the date on which the President is required to submit the report.
[“(ii) Certification.—If the President submits to the appropriate congressional committees, with the report required by clause (i), a certification that there was a substantial reduction in activities described in paragraphs (2) and (3) of section 5(a) of the Iran Sanctions Act of 1996, as amended by subsection (a) of this section, during the period described in clause (i)(III), the effective date provided for in subparagraph (A) shall be delayed for a 180-day period beginning after the date provided for in that subparagraph.
[“(iii) Subsequent reports and delays.—The effective date provided for in subparagraph (A) shall be delayed for additional 180-day periods occurring after the end of the 180-day period provided for under clause (ii), if, not later than 30 days before the 180-day period preceding such additional 180-day period expires, the President submits to the appropriate congressional committees—
[“(I) a report containing the matters required in the report under clause (i) for the period beginning on the date on which the preceding report was required to be submitted under clause (i) or this clause (as the case may be) and ending on the date on which the President is required to submit the most recent report under this clause; and
[“(II) a certification that, during the period described in subclause (I), there was (as compared to the period for which the preceding report was submitted under this subparagraph) a progressive reduction in activities described in paragraphs (2) and (3) of section 5(a) of the Iran Sanctions Act of 1996, as amended by subsection (a) of this section.
[“(iv) Consequence of failure to certify.—If the President does not make a certification at a time required by this subparagraph—
[“(I) the amendments made by subsection (g)(5) of this section shall apply on and after the date on which the certification was required to be submitted by this subparagraph, with respect to an activity described in paragraph (2) or (3) of section 5(a) of the Iran Sanctions Act of 1996, as amended by subsection (a) of this section, that—
[“(aa) is referenced in the most recent report required to be submitted under this subparagraph; or
[“(bspan) is commenced on or after the date on which such most recent report is required to be submitted; and
[“(II) not later than 45 days after the date on which the certification was required to be submitted by this subparagraph, the President shall make a determination under paragraph (2) or (3) of section 5(a) of the Iran Sanctions Act of 1996 (as the case may be), as amended by subsection (a) of this section, with respect to relevant activities described in subclause (I)(aa).
[“(C) Applicability of permissive investigations.—During the 1-year period beginning on the date of the enactment of this Act and during any 180-day period during which the effective date provided for in subparagraph (A) is delayed pursuant to subparagraph (B), section 4(e) of the Iran Sanctions Act of 1996, as amended by subsection (g)(5) of this section, shall be applied, with respect to an activity described in paragraph (2) or (3) of section 5(a) of the Iran Sanctions Act of 1996, as amended by subsection (a) of this section, by substituting ‘should’ for ‘shall’ each place it appears.
[“(6) Waiver authority.—The amendments made by subsection (c) [amending section 9 of Puspan. L. 104–172, set out above] shall not be construed to affect any exercise of the authority under section 9(c) of the Iran Sanctions Act of 1996, as in effect on the day before the date of the enactment of this Act.”]
[For definition of “appropriate congressional committees” as used in section 102(h) of Puspan. L. 111–195, set out above, see section 8511 of Title 22, Foreign Relations and Intercourse.]
[Functions of President under section 102(h)(5) of Puspan. L. 111–195, set out above, delegated to Secretary of State by Memorandum of President of the United States, Sept. 23, 2010, 75 F.R. 67025, set out as a note under section 8501 of Title 22, Foreign Relations and Intercourse.]
[Puspan. L. 109–293, title II, § 202(c), Sept. 30, 2006, 120 Stat. 1346, provided that: “The amendments made by this section [amending section 5 of Puspan. L. 104–172, set out above] shall apply with respect to actions taken on or after June 6, 2006.”]
[Puspan. L. 109–293, title II, § 205(g)(2), Sept. 30, 2006, 120 Stat. 1347, provided that: “Any reference in any other provision of law, regulation, document, or other record of the United States to the ‘Iran and Libya Sanctions Act of 1996’ shall be deemed to be a reference to the ‘Iran Sanctions Act of 1996’ [Puspan. L. 104–172, set out above].”]
[Puspan. L. 107–24, § 2(span), Aug. 3, 2001, 115 Stat. 199, provided that: “The amendments made by subsection (a) [amending section 5 of Puspan. L. 104–172, set out above] shall apply to investments made on or after June 13, 2001.”]
[For delegation of certain functions of President under sections 4, 5, 6, 9, and 10 of Puspan. L. 104–172, set out above, see Memorandum of President of the United States, Sept. 23, 2010, 75 F.R. 67025, set out as a note under section 8501 of Title 22, Foreign Relations and Intercourse.]
[Memorandum of President of the United States, Nov. 21, 1996, 61 F.R. 64249, delegated to the Secretary of State, in consultation with the Departments of the Treasury and Commerce and the United States Trade Representative, and with the Export-Import Bank and Federal Reserve Board and other interested agencies as appropriate functions vested in the President by section 4(c), former section 5(a), section 5(span), (c), (f), former section 6(1), (2) (now section 6(a)(1), (2)), and section 9(c) of Puspan. L. 104–172, set out above, delegated to the Secretary of State functions vested in the President by section 4(a), (span), former section 4(d), (e) (now (d)), and sections 5(d), (e), 9(a), (span), and 10 of Puspan. L. 104–172, provided that any reference to provisions of any Act related to the subject of the memorandum be deemed to include references to any subsequent provision of law that is the same or substantially the same as such provisions, and provided that only the functions vested in the President by section 4(a), (span), former section 4(d), (e) (now (d)), and sections 5(d), (e) and 10 of Puspan. L. 104–172 and delegated by the memorandum could be redelegated.]
Determination and Certification under Section 8(span) of the Iran and Libya Sanctions ActDetermination of President of the United States, No. 2004–30, Apr. 23, 2004, 69 F.R. 24907, provided:
Memorandum for the Secretary of State
Pursuant to section 8(span) of the Iran and Libya Sanctions Act of 1996 [now Iran Sanctions Act of 1996] (Public Law 104–172; 50 U.S.C. 1701 note), as amended (Public Law 107–24), I hereby determine and certify that Libya has fulfilled the requirements of United Nations Security Council Resolution 731, adopted January 21, 1992, United Nations Security Council Resolution 748, adopted March 31, 1992, and United Nations Security Council Resolution 883, adopted November 11, 1993.
You are authorized and directed to transmit this determination and certification to the appropriate congressional committees and to arrange for its publication in the Federal Register.
George W. Bush. Sanctions Against Serbia and MontenegroPuspan. L. 106–113, div. B, § 1000(a)(2) [title V, § 599], Nov. 29, 1999, 113 Stat. 1535, 1501A–127, provided that:“(a)Continuation of Executive Branch Sanctions.—The sanctions listed in subsection (span) shall remain in effect for fiscal year 2000, unless the President submits to the Committees on Appropriations and Foreign Relations in the Senate and the Committees on Appropriations and International Relations [now Foreign Affairs] of the House of Representatives a certification described in subsection (c).
“(span)Applicable Sanctions.—“(1) The Secretary of the Treasury shall instruct the United States executive directors of the international financial institutions to work in opposition to, and vote against, any extension by such institutions of any financial or technical assistance or grants of any kind to the government of Serbia.
“(2) The Secretary of State should instruct the United States Ambassador to the Organization for Security and Cooperation in Europe (OSCE) to block any consensus to allow the participation of Serbia in the OSCE or any organization affiliated with the OSCE.
“(3) The Secretary of State should instruct the United States Representative to the United Nations to vote against any resolution in the United Nations Security Council to admit Serbia to the United Nations or any organization affiliated with the United Nations, to veto any resolution to allow Serbia to assume the United Nations’ membership of the former Socialist Federal Republic of Yugoslavia, and to take action to prevent Serbia from assuming the seat formerly occupied by the Socialist Federal Republic of Yugoslavia.
“(4) The Secretary of State should instruct the United States Permanent Representative on the Council of the North Atlantic Treaty Organization to oppose the extension of the Partnership for Peace program or any other organization affiliated with NATO to Serbia.
“(5) The Secretary of State should instruct the United States Representatives to the Southeast European Cooperative Initiative (SECI) to oppose and to work to prevent the extension of SECI membership to Serbia.
“(c)Certification.—A certification described in this subsection is a certification that—“(1) the representatives of the successor states to the Socialist Federal Republic of Yugoslavia have successfully negotiated the division of assets and liabilities and all other succession issues following the dissolution of the Socialist Federal Republic of Yugoslavia;
“(2) the Government of Serbia is fully complying with its obligations as a signatory to the General Framework Agreement for Peace in Bosnia and Herzegovina;
“(3) the Government of Serbia is fully cooperating with and providing unrestricted access to the International Criminal Tribunal for the former Yugoslavia, including surrendering persons indicted for war crimes who are within the jurisdiction of the territory of Serbia, and with the investigations concerning the commission of war crimes and crimes against humanity in Kosova;
“(4) the Government of Serbia is implementing internal democratic reforms; and
“(5) Serbian federal governmental officials, and representatives of the ethnic Albanian community in Kosova have agreed on, signed, and begun implementation of a negotiated settlement on the future status of Kosova.
“(d)Statement of Policy.—It is the sense of the Congress that the United States should not restore full diplomatic relations with Serbia until the President submits to the Committees on Appropriations and Foreign Relations in the Senate and the Committees on Appropriations and International Relations [now Foreign Affairs] in the House of Representatives the certification described in subsection (c).
“(e)Exemption of Montenegro and Kosova.—The sanctions described in subsection (span) shall not apply to Montenegro or Kosova.
“(f)Definition.—The term ‘international financial institution’ includes the International Monetary Fund, the International Bank for Reconstruction and Development, the International Development Association, the International Finance Corporation, the Multilateral Investment Guaranty Agency, and the European Bank for Reconstruction and Development.
“(g)Waiver Authority.—The President may waive the application in whole or in part, of any sanction described in subsection (span) if the President certifies to the Congress that the President has determined that the waiver is necessary to meet emergency humanitarian needs.”
Puspan. L. 105–277, div. A, § 101(d) [title V, § 539], Oct. 21, 1998, 112 Stat. 2681–150, 2681–182, provided that:“(a)Restrictions.—None of the funds in this or any other Act may be made available to modify or remove any sanction, prohibition or requirement with respect to Serbia-Montenegro unless the President first submits to the Congress a certification described in subsection (c).
“(span)International Financial Institutions.—The Secretary of the Treasury shall instruct the United States executive directors of the international financial institutions to work in opposition to, and vote against, any extension by such institutions of any financial or technical assistance or grants of any kind to the government of Serbia-Montenegro, unless the President first submits to the Congress a certification described in subsection (c).
“(c)Certification.—A certification described in this subsection is a certification that—“(1) there is substantial improvement in the human rights situation in Kosova;
“(2) international human rights observers are allowed to return to Kosova;
“(3) Serbian, Serbian-Montenegrin federal government officials, and representatives of the ethnic Albanian community in Kosova have agreed on and begun implementation of a negotiated settlement on the future status of Kosova; and
“(4) the government of Serbia-Montenegro is fully complying with its obligations as a signatory to the General Framework Agreement for Peace in Bosnia-Herzegovina including fully cooperating with the International Criminal Tribunal for the Former Yugoslavia.
“(d)Waiver Authority.—The President may waive the application, in whole or in part, of subsections (a) and (span) if he certifies in writing to the Congress that the waiver is necessary to meet emergency humanitarian needs or to advance negotiations toward a peaceful settlement of the conflict in Kosova that is acceptable to the parties.
“(e)Exemption for Montenegro.—This section shall not apply to Montenegro.”
[For delegation of functions of President under section 101(d) [title V, § 539] of div. A of Puspan. L. 105–277, set out above, see Ex. Ord. No. 12163, Sept. 29, 1979, 44 F.R. 56673, as amended, set out as a note under section 2381 of Title 22, Foreign Relations and Intercourse.]
Similar provisions were contained in the following prior appropriation acts:
Puspan. L. 104–208, div. A, title I, § 101(c) [title V, § 540], Sept. 30, 1996, 110 Stat. 3009–121, 3009–155.
Puspan. L. 104–107, title V, § 540A(a)–(c), Fespan. 12, 1996, 110 Stat. 737.
Puspan. L. 103–160, div. A, title XV, § 1511, Nov. 30, 1993, 107 Stat. 1839, provided that:“(a)Codification of Executive Branch Sanctions.—The sanctions imposed on Serbia and Montenegro, as in effect on the date of the enactment of this Act [Nov. 30, 1993], that were imposed by or pursuant to the following directives of the executive branch shall (except as provided under subsections (d) and (e)) remain in effect until changed by law:“(1) Executive Order 12808 of May 30, 1992 [listed in a table below], as continued in effect on May 25, 1993.
“(2) Executive Order 12810 of June 5, 1992 [listed in a table below].
“(3) Executive Order 12831 of January 15, 1993 [listed in a table below].
“(4) Executive Order 12846 of April 25, 1993 [listed in a table below].
“(5) Department of State Public Notice 1427, effective July 11, 1991.
“(6) Proclamation 6389 of December 5, 1991 (56 Fed. Register 64467).
“(7) Department of Transportation Order 92–5–38 of May 20, 1992.
“(8) Federal Aviation Administration action of June 19, 1992 (14 C.F.R. Part 91).
“(span)Prohibition on Assistance.—No funds appropriated or otherwise made available by law may be obligated or expended on behalf of the government of Serbia or the government of Montenegro.
“(c)International Financial Institutions.—The Secretary of the Treasury shall instruct the United States executive director of each international financial institution to use the voice and vote of the United States to oppose any assistance from that institution to the government of Serbia or the government of Montenegro, except for basic human needs.
“(d)Exception.—Notwithstanding any other provision of law, the President is authorized and encouraged to exempt from sanctions imposed against Serbia and Montenegro that are described in subsection (a) those United States-supported programs, projects, or activities that involve reform of the electoral process, the development of democratic institutions or democratic political parties, or humanitarian assistance (including refugee care and human rights observation).
“(e)Waiver Authority.—(1) The President may waive or modify the application, in whole or in part, of any sanction described in subsection (a), the prohibition in subsection (span), or the requirement in subsection (c).
“(2) Such a waiver or modification may only be effective upon certification by the President to Congress that the President has determined that the waiver or modification is necessary (A) to meet emergency humanitarian needs, or (B) to achieve a negotiated settlement of the conflict in Bosnia-Herzegovina that is acceptable to the parties.”
Presidential Certifications To Suspend Sanctions Imposed on the Government of Serbia and the Government of MontenegroProvisions suspending sanctions imposed on the governments of Serbia and Montenegro pursuant to section 1511 of Puspan. L. 103–160, set out above, were contained in the following:
Determination of President of the United States, No. 01–7, Dec. 19, 2000, 66 F.R. 1013.
Determination of President of the United States, No. 99–14, Fespan. 16, 1999, 64 F.R. 9263.
Determination of President of the United States, No. 97–26, May 30, 1997, 62 F.R. 32015.
Determination of President of the United States, No. 96–7, Dec. 27, 1995, 61 F.R. 2887.
Iran-Iraq Arms Non-ProliferationPuspan. L. 102–484, div. A, title XVI, Oct. 23, 1992, 106 Stat. 2571, as amended by Puspan. L. 104–106, div. A, title XIV, § 1408(a)–(c), Fespan. 10, 1996, 110 Stat. 494; Puspan. L. 107–228, div. B, title XIII, § 1308(g)(1)(C), Sept. 30, 2002, 116 Stat. 1441, provided that:“SEC. 1601. SHORT TITLE.“This title may be cited as the ‘Iran-Iraq Arms Non-Proliferation Act of 1992’.
“SEC. 1602. UNITED STATES POLICY.“(a)In General.—It shall be the policy of the United States to oppose, and urgently to seek the agreement of other nations also to oppose, any transfer to Iran or Iraq of any goods or technology, including dual-use goods or technology, wherever that transfer could materially contribute to either country’s acquiring chemical, biological, nuclear, or destabilizing numbers and types of advanced conventional weapons.
“(span)Sanctions.—(1) In the furtherance of this policy, the President shall apply sanctions and controls with respect to Iran, Iraq, and those nations and persons who assist them in acquiring weapons of mass destruction in accordance with the Foreign Assistance Act of 1961 [22 U.S.C. 2151 et seq.], the Nuclear Non-Proliferation Act of 1978 [22 U.S.C. 3201 et seq.], the Chemical and Biological Weapons Control and Warfare Elimination Act of 1991 [22 U.S.C. 5601 et seq.], chapter 7 of the Arms Export Control Act [22 U.S.C. 2797 et seq.], and other relevant statutes, regarding the non-proliferation of weapons of mass destruction and the means of their delivery. “(2) The President should also urgently seek the agreement of other nations to adopt and institute, at the earliest practicable date, sanctions and controls comparable to those the United States is obligated to apply under this subsection.
“(c)Public Identification.—The Congress calls on the President to identify publicly (in the report required by section 1607) any country or person that transfers goods or technology to Iran or Iraq contrary to the policy set forth in subsection (a).
“SEC. 1603. APPLICATION TO IRAN OF CERTAIN IRAQ SANCTIONS.“The sanctions against Iraq specified in paragraphs (1) through (4) of section 586G(a) of the Iraq Sanctions Act of 1990 (as contained in Public Law 101–513) [set out below], including denial of export licenses for United States persons and prohibitions on United States Government sales, shall be applied to the same extent and in the same manner with respect to Iran.
“SEC. 1604. SANCTIONS AGAINST CERTAIN PERSONS.“(a)Prohibition.—If any person transfers or retransfers goods or technology so as to contribute knowingly and materially to the efforts by Iran or Iraq (or any agency or instrumentality of either such country) to acquire chemical, biological, or nuclear weapons or to acquire destabilizing numbers and types of advanced conventional weapons, then the sanctions described in subsection (span) shall be imposed.
“(span)Mandatory Sanctions.—The sanctions to be imposed pursuant to subsection (a) are as follows:“(1)Procurement sanction.—For a period of two years, the United States Government shall not procure, or enter into any contract for the procurement of, any goods or services from the sanctioned person.
“(2)Export sanction.—For a period of two years, the United States Government shall not issue any license for any export by or to the sanctioned person.
“SEC. 1605. SANCTIONS AGAINST CERTAIN FOREIGN COUNTRIES.“(a)Prohibition.—If the President determines that the government of any foreign country transfers or retransfers goods or technology so as to contribute knowingly and materially to the efforts by Iran or Iraq (or any agency or instrumentality of either such country) to acquire chemical, biological, or nuclear weapons or to acquire destabilizing numbers and types of advanced conventional weapons, then—“(1) the sanctions described in subsection (span) shall be imposed on such country; and
“(2) in addition, the President may apply, in the discretion of the President, the sanction described in subsection (c).
“(span)Mandatory Sanctions.—Except as provided in paragraph (2), the sanctions to be imposed pursuant to subsection (a)(1) are as follows:“(1)Suspension of united states assistance.—The United States Government shall suspend, for a period of one year, United States assistance to the sanctioned country.
“(2)Multilateral development bank assistance.—The Secretary of the Treasury shall instruct the United States Executive Director to each appropriate international financial institution to oppose, and vote against, for a period of one year, the extension by such institution of any loan or financial or technical assistance to the sanctioned country.
“(3)Suspension of codevelopment or coproduction agreements.—The United States shall suspend, for a period of one year, compliance with its obligations under any memorandum of understanding with the sanctioned country for the codevelopment or coproduction of any item on the United States Munitions List (established under section 38 of the Arms Export Control Act [22 U.S.C. 2778]), including any obligation for implementation of the memorandum of understanding through the sale to the sanctioned country of technical data or assistance or the licensing for export to the sanctioned country of any component part. “(4)Suspension of military and dual-use technical exchange agreements.—The United States shall suspend, for a period of one year, compliance with its obligations under any technical exchange agreement involving military and dual-use technology between the United States and the sanctioned country that does not directly contribute to the security of the United States, and no military or dual-use technology may be exported from the United States to the sanctioned country pursuant to that agreement during that period.
“(5)United states munitions list.—No item on the United States Munitions List (established pursuant to section 38 of the Arms Export Control Act) may be exported to the sanctioned country for a period of one year.
“(c)Discretionary Sanction.—The sanction referred to in subsection (a)(2) is as follows:“(1)Use of authorities of international emergency economic powers act.—Except as provided in paragraph (2), the President may exercise, in accordance with the provisions of that Act [50 U.S.C. 1701 et seq.], the authorities of the International Emergency Economic Powers Act with respect to the sanctioned country. “(2)Exception.—Paragraph (1) does not apply with respect to urgent humanitarian assistance.
“SEC. 1606. WAIVER.“The President may waive the requirement to impose a sanction described in section 1603, in the case of Iran, or a sanction described in section 1604(span) or 1605(span), in the case of Iraq and Iran, 15 days after the President determines and so reports to the Committees on Armed Services and Foreign Relations of the Senate and the Committees on Armed Services and Foreign Affairs of the House of Representatives that it is essential to the national interest of the United States to exercise such waiver authority. Any such report shall provide a specific and detailed rationale for such determination.
“SEC. 1607. REPORTING REQUIREMENT.“[(a) Repealed. Puspan. L. 107–228, div. B, title XIII, § 1308(g)(1)(C), Sept. 30, 2002, 116 Stat. 1441.]
“(span)Report on Individual Transfers.—Whenever the President determines that a person or foreign government has made a transfer which is subject to any sanction under this title, the President shall, within 30 days after such transfer, submit to the Committees on Armed Services and Foreign Relations of the Senate and the Committees on Armed Services and Foreign Affairs of the House of Representatives a report—“(1) identifying the person or government and providing the details of the transfer; and
“(2) describing the actions the President intends to undertake or has undertaken under the provisions of this title with respect to each such transfer.
“(c)Form of Transmittal.—Reports required by this section may be submitted in classified as well as in unclassified form.
“SEC. 1608. DEFINITIONS.“For purposes of this title:“(1) The term ‘advanced conventional weapons’ includes—“(A) such long-range precision-guided munitions, fuel air explosives, cruise missiles, low observability aircraft, other radar evading aircraft, advanced military aircraft, military satellites, electromagnetic weapons, and laser weapons as the President determines destabilize the military balance or enhance offensive capabilities in destabilizing ways;
“(B) such advanced command, control, and communications systems, electronic warfare systems, or intelligence collection systems as the President determines destabilize the military balance or enhance offensive capabilities in destabilizing ways; and
“(C) such other items or systems as the President may, by regulation, determine necessary for purposes of this title.
“(2) The term ‘cruise missile’ means guided missiles that use aerodynamic lift to offset gravity and propulsion to counteract drag.
“(3) The term ‘goods or technology’ means—“(A) any article, natural or manmade substance, material, supply, or manufactured product, including inspection and test equipment; and
“(B) any information and know-how (whether in tangible form, such as models, prototypes, drawings, sketches, diagrams, blueprints, or manuals, or in intangible form, such as training or technical services) that can be used to design, produce, manufacture, utilize, or reconstruct goods, including computer software and technical data.
“(4) The term ‘person’ means any United States or foreign individual, partnership, corporation, or other form of association, or any of their successor entities, parents, or subsidiaries.
“(5) The term ‘sanctioned country’ means a country against which sanctions are required to be imposed pursuant to section 1605.
“(6) The term ‘sanctioned person’ means a person that makes a transfer described in section 1604(a).
“(7) The term ‘United States assistance’ means—“(A) any assistance under the Foreign Assistance Act of 1961 (22 U.S.C. 2151 et seq.), other than urgent humanitarian assistance or medicine; “(B) sales and assistance under the Arms Export Control Act [22 U.S.C. 2751 et seq.]; “(C) financing by the Commodity Credit Corporation for export sales of agricultural commodities; and
“(D) financing under the Export-Import Bank Act [of 1945] [22 U.S.C. 635 et seq.].”
[Memorandum of President of the United States, Sept. 27, 1994, 59 F.R. 50685, delegated to Secretary of State, in consultation with heads of other departments and agencies, all functions vested in President under title XVI of Puspan. L. 102–484, set out above, without limitation of authority of other officials to exercise powers heretofore or hereafter delegated to them to implement sanctions imposed or actions directed by the Secretary pursuant to this delegation of authority.]
Payment of Claims by United States Nationals Against IraqPuspan. L. 101–519, § 131, Nov. 5, 1990, 104 Stat. 2249, which authorized President to vest title in a portion of property in which transactions were blocked pursuant to Executive Order 12722, listed in a table below, in order to satisfy obligations owed to United States Government and United States nationals for which Iraq had suspended repayment, was repealed by Puspan. L. 102–27, title IV, § 402(a), Apr. 10, 1991, 105 Stat. 155, as amended by Puspan. L. 102–136, § 126, Oct. 25, 1991, 105 Stat. 643, effective Nov. 5, 1990.
Iraq SanctionsPuspan. L. 101–513, title V, §§ 586–586J, Nov. 5, 1990, 104 Stat. 2047–2054, provided that:“SEC. 586. SHORT TITLE.“Sections 586 through 586J of this Act may be cited as the ‘Iraq Sanctions Act of 1990’.
“SEC. 586A. DECLARATIONS REGARDING IRAQ’S INVASION OF KUWAIT.“The Congress—“(1) condemns Iraq’s invasion of Kuwait on August 2, 1990;
“(2) supports the actions that have been taken by the President in response to that invasion;
“(3) calls for the immediate and unconditional withdrawal of Iraqi forces from Kuwait;
“(4) supports the efforts of the United Nations Security Council to end this violation of international law and threat to international peace;
“(5) supports the imposition and enforcement of multilateral sanctions against Iraq;
“(6) calls on United States allies and other countries to support fully the efforts of the United Nations Security Council, and to take other appropriate actions, to bring about an end to Iraq’s occupation of Kuwait; and
“(7) condemns the brutal occupation of Kuwait by Iraq and its gross violations of internationally recognized human rights in Kuwait, including widespread arrests, torture, summary executions, and mass extrajudicial killings.
“SEC. 586B. CONSULTATIONS WITH CONGRESS.“The President shall keep the Congress fully informed, and shall consult with the Congress, with respect to current and anticipated events regarding the international crisis caused by Iraq’s invasion of Kuwait, including with respect to United States actions.
“SEC. 586C. TRADE EMBARGO AGAINST IRAQ.“(a)Continuation of Embargo.—Except as otherwise provided in this section, the President shall continue to impose the trade embargo and other economic sanctions with respect to Iraq and Kuwait that the United States is imposing, in response to Iraq’s invasion of Kuwait, pursuant to Executive Orders Numbered 12724 and 12725 [listed in a table below] (August 9, 1990) and, to the extent they are still in effect, Executive Orders Numbered 12722 and 12723 [listed in a table below] (August 2, 1990). Notwithstanding any other provision of law, no funds, credits, guarantees, or insurance appropriated or otherwise made available by this or any other Act for fiscal year 1991 or any fiscal year thereafter shall be used to support or administer any financial or commercial operation of any United States Government department, agency, or other entity, or of any person subject to the jurisdiction of the United States, for the benefit of the Government of Iraq, its agencies or instrumentalities, or any person working on behalf of the Government of Iraq, contrary to the trade embargo and other economic sanctions imposed in accordance with this section.
“(span)Humanitarian Assistance.—To the extent that transactions involving foodstuffs or payments for foodstuffs are exempted ‘in humanitarian circumstances’ from the prohibitions established by the United States pursuant to United Nations Security Council Resolution 661 (1990), those exemptions shall be limited to foodstuffs that are to be provided consistent with United Nations Security Council Resolution 666 (1990) and other relevant Security Council resolutions.
“(c)Notice to Congress of Exceptions to and Termination of Sanctions.—“(1)Notice of regulations.—Any regulations issued after the date of enactment of this Act [Nov. 5, 1990] with respect to the economic sanctions imposed with respect to Iraq and Kuwait by the United States under Executive Orders Numbered 12722 and 12723 (August 2, 1990) and Executive Orders Numbered 12724 and 12725 (August 9, 1990) shall be submitted to the Congress before those regulations take effect.
“(2)Notice of termination of sanctions.—The President shall notify the Congress at least 15 days before the termination, in whole or in part, of any sanction imposed with respect to Iraq or Kuwait pursuant to those Executive orders.
“(d)Relation to Other Laws.—“(1)Sanctions legislation.—The sanctions that are described in subsection (a) are in addition to, and not in lieu of the sanctions provided for in section 586G of this Act or any other provision of law.
“(2)National emergencies and united nations legislation.—Nothing in this section supersedes any provision of the National Emergencies Act [50 U.S.C. 1601 et seq.] or any authority of the President under the International Emergency Economic Powers Act [50 U.S.C. 1701 et seq.] or section 5(a) of the United Nations Participation Act of 1945 [22 U.S.C. 287c(a)]. “SEC. 586D. COMPLIANCE WITH UNITED NATIONS SANCTIONS AGAINST IRAQ.“(a)Denial of Assistance.—None of the funds appropriated or otherwise made available pursuant to this Act [see Tables for classification] to carry out the Foreign Assistance Act of 1961 [22 U.S.C. 2151 et seq.] (including title IV of chapter 2 of part I [22 U.S.C. 2191 et seq.], relating to the Overseas Private Investment Corporation) or the Arms Export Control Act [22 U.S.C. 2751 et seq.] may be used to provide assistance to any country that is not in compliance with the United Nations Security Council sanctions against Iraq unless the President determines and so certifies to the Congress that—“(1) such assistance is in the national interest of the United States;
“(2) such assistance will directly benefit the needy people in that country; or
“(3) the assistance to be provided will be humanitarian assistance for foreign nationals who have fled Iraq and Kuwait.
“(span)Import Sanctions.—If the President considers that the taking of such action would promote the effectiveness of the economic sanctions of the United Nations and the United States imposed with respect to Iraq, and is consistent with the national interest, the President may prohibit, for such a period of time as he considers appropriate, the importation into the United States of any or all products of any foreign country that has not prohibited—“(1) the importation of products of Iraq into its customs territory, and
“(2) the export of its products to Iraq.
“SEC. 586E. PENALTIES FOR VIOLATIONS OF EMBARGO.“Notwithstanding section 206 of the International Emergency Economic Powers Act (50 U.S.C. 1705) and section 5(span) of the United Nations Participation Act of 1945 (22 U.S.C. 287c(span))—“(1) a civil penalty of not to exceed $250,000 may be imposed on any person who, after the date of enactment of this Act [Nov. 5, 1990], violates or evades or attempts to violate or evade Executive Order Numbered 12722, 12723, 12724, or 12725 [listed in a table below] or any license, order, or regulation issued under any such Executive order; and
“(2) whoever, after the date of enactment of this Act, willfully violates or evades or attempts to violate or evade Executive Order Numbered 12722, 12723, 12724, or 12725 or any license, order, or regulation issued under any such Executive order—“(A) shall, upon conviction, be fined not more than $1,000,000, if a person other than a natural person; or
“(B) if a natural person, shall, upon conviction, be fined not more than $1,000,000, be imprisoned for not more than 12 years, or both.
Any officer, director, or agent of any corporation who knowingly participates in a violation, evasion, or attempt described in paragraph (2) may be punished by imposition of the fine or imprisonment (or both) specified in subparagraph (B) of that paragraph.
“SEC. 586F. DECLARATIONS REGARDING IRAQ’S LONG-STANDING VIOLATIONS OF INTERNATIONAL LAW.“(a)Iraq’s Violations of International Law.—The Congress determines that—“(1) the Government of Iraq has demonstrated repeated and blatant disregard for its obligations under international law by violating the Charter of the United Nations, the Protocol for the Prohibition of the Use in War of Asphyxiating, Poisonous or Other Gases, and of Bacteriological Methods of Warfare (done at Geneva, June 17, 1925), as well as other international treaties;
“(2) the Government of Iraq is a party to the International Covenant on Civil and Political Rights and the International Covenant on Economic, Social, and Cultural Rights and is obligated under the Covenants, as well as the Universal Declaration of Human Rights, to respect internationally recognized human rights;
“(3) the State Department’s Country Reports on Human Rights Practices for 1989 again characterizes Iraq’s human rights record as ‘abysmal’;
“(4) Amnesty International, Middle East Watch, and other independent human rights organizations have documented extensive, systematic, and continuing human rights abuses by the Government of Iraq, including summary executions, mass political killings, disappearances, widespread use of torture, arbitrary arrests and prolonged detention without trial of thousands of political opponents, forced relocation and deportation, denial of nearly all civil and political rights such as freedom of association, assembly, speech, and the press, and the imprisonment, torture, and execution of children;
“(5) since 1987, the Government of Iraq has intensified its severe repression of the Kurdish minority of Iraq, deliberately destroyed more than 3,000 villages and towns in the Kurdish regions, and forcibly expelled more than 500,000 people, thus effectively depopulating the rural areas of Iraqi Kurdistan;
“(6) Iraq has blatantly violated international law by initiating use of chemical weapons in the Iran-Iraq war;
“(7) Iraq has also violated international law by using chemical weapons against its own Kurdish citizens, resulting in tens of thousands of deaths and more than 65,000 refugees;
“(8) Iraq continues to expand its chemical weapons capability, and President Saddam Hussein has threatened to use chemical weapons against other nations;
“(9) persuasive evidence exists that Iraq is developing biological weapons in violation of international law;
“(10) there are strong indications that Iraq has taken steps to produce nuclear weapons and has attempted to smuggle from the United States, in violation of United States law, components for triggering devices used in nuclear warheads whose manufacture would contravene the Treaty on the Non-Proliferation of Nuclear Weapons, to which Iraq is a party; and
“(11) Iraqi President Saddam Hussein has threatened to use terrorism against other nations in violation of international law and has increased Iraq’s support for the Palestine Liberation Organization and other Palestinian groups that have conducted terrorist acts.
“(span)Human Rights Violations.—The Congress determines that the Government of Iraq is engaged in a consistent pattern of gross violations of internationally recognized human rights. All provisions of law that impose sanctions against a country whose government is engaged in a consistent pattern of gross violations of internationally recognized human rights shall be fully enforced against Iraq.
“(c)Support for International Terrorism.—(1) The Congress determines that Iraq is a country which has repeatedly provided support for acts of international terrorism, a country which grants sanctuary from prosecution to individuals or groups which have committed an act of international terrorism, and a country which otherwise supports international terrorism. The provisions of law specified in paragraph (2) and all other provisions of law that impose sanctions against a country which has repeatedly provided support for acts of international terrorism, which grants sanctuary from prosecution to an individual or group which has committed an act of international terrorism, or which otherwise supports international terrorism shall be fully enforced against Iraq.
“(2) The provisions of law referred to in paragraph (1) are—“(B) section 620A of the Foreign Assistance Act of 1961 [22 U.S.C. 2371]; “(C) sections 555 and 556 of this Act [104 Stat. 2021, 2022] (and the corresponding sections of predecessor foreign operations appropriations Acts); and
“(D) section 555 of the International Security and Development Cooperation Act of 1985 [99 Stat. 227].
“(d)Multilateral Cooperation.—The Congress calls on the President to seek multilateral cooperation—“(1) to deny dangerous technologies to Iraq;
“(2) to induce Iraq to respect internationally recognized human rights; and
“(3) to induce Iraq to allow appropriate international humanitarian and human rights organizations to have access to Iraq and Kuwait, including the areas in northern Iraq traditionally inhabited by Kurds.
“SEC. 586G. SANCTIONS AGAINST IRAQ.“(a)Imposition.—Except as provided in section 586H, the following sanctions shall apply with respect to Iraq:“(1)FMS sales.—The United States Government shall not enter into any sale with Iraq under the Arms Export Control Act [22 U.S.C. 2751 et seq.]. “(2)Commercial arms sales.—Licenses shall not be issued for the export to Iraq of any item on the United States Munitions List.
“(3)Exports of certain goods and technology.—The authorities of [former] section 6 of the Export Administration Act of 1979 (50 U.S.C. App. 2405) [former 50 U.S.C. 4605] shall be used to prohibit the export to Iraq of any goods or technology listed pursuant to that section or [former] section 5(c)(1) of that Act (50 U.S.C. App. 2404(c)(1)) [former 50 U.S.C. 4604(c)(1)] on the control list provided for in [former] section 4(span) of that Act (50 U.S.C. App. 2403(span)) [former 50 U.S.C. 4603(span)]. “(4)Nuclear equipment, materials, and technology.—“(A)NRC licenses.—The Nuclear Regulatory Commission shall not issue any license or other authorization under the Atomic Energy Act of 1954 (42 U.S.C. 2011 and following) for the export to Iraq of any source or special nuclear material, any production or utilization facility, any sensitive nuclear technology, any component, item, or substance determined to have significance for nuclear explosive purposes pursuant to section 109span. of the Atomic Energy Act of 1954 (42 U.S.C. 2139(span)), or any other material or technology requiring such a license or authorization. “(B)Distribution of nuclear materials.—The authority of the Atomic Energy Act of 1954 shall not be used to distribute any special nuclear material, source material, or byproduct material to Iraq.
“(C)DOE authorizations.—The Secretary of Energy shall not provide a specific authorization under section 57span.(2) of the Atomic Energy Act of 1954 (42 U.S.C. 2077(span)(2)) for any activity that would constitute directly or indirectly engaging in Iraq in activities that require a specific authorization under that section. “(5)Assistance from international financial institutions.—The United States shall oppose any loan or financial or technical assistance to Iraq by international financial institutions in accordance with section 701 of the International Financial Institutions Act (22 U.S.C. 262d). “(6)Assistance through the export-import bank.—Credits and credit guarantees through the Export-Import Bank of the United States shall be denied to Iraq.
“(7)Assistance through the commodity credit corporation.—Credit, credit guarantees, and other assistance through the Commodity Credit Corporation shall be denied to Iraq.
“(8)Foreign assistance.—All forms of assistance under the Foreign Assistance Act of 1961 (22 U.S.C. 2151 and following) other than emergency assistance for medical supplies and other forms of emergency humanitarian assistance, and under the Arms Export Control Act (22 U.S.C. 2751 and following) shall be denied to Iraq. “(span)Contract Sanctity.—For purposes of the export controls imposed pursuant to subsection (a)(3), the date described in subsection (m)(1) of [former] section 6 of the Export Administration Act of 1979 (50 U.S.C. App. 2405) [former 50 U.S.C. 4605] shall be deemed to be August 1, 1990. “SEC. 586H. WAIVER AUTHORITY.“(a)In General.—The President may waive the requirements of any paragraph of section 586G(a) if the President makes a certification under subsection (span) or subsection (c).
“(span)Certification of Fundamental Changes in Iraqi Policies and Actions.—The authority of subsection (a) may be exercised 60 days after the President certifies to the Congress that—“(1) the Government of Iraq—“(A) has demonstrated, through a pattern of conduct, substantial improvement in its respect for internationally recognized human rights;
“(B) is not acquiring, developing, or manufacturing (i) ballistic missiles, (ii) chemical, biological, or nuclear weapons, or (iii) components for such weapons; has forsworn the first use of such weapons; and is taking substantial and verifiable steps to destroy or otherwise dispose of any such missiles and weapons it possesses; and
“(C) does not provide support for international terrorism;
“(2) the Government of Iraq is in substantial compliance with its obligations under international law, including—“(A) the Charter of the United Nations;
“(B) the International Covenant on Civil and Political Rights (done at New York, December 16, 1966) and the International Covenant on Economic, Social, and Cultural Rights (done at New York, December 16, 1966);
“(C) the Convention on the Prevention and Punishment of the Crime of Genocide (done at Paris, December 9, 1948);
“(D) the Protocol for the Prohibition of the Use in War of Asphyxiating, Poisonous or Other Gases, and of Bacteriological Methods of Warfare (done at Geneva, June 17, 1925);
“(E) the Treaty on the Non-Proliferation of Nuclear Weapons (done at Washington, London, and Moscow, July 1, 1968); and
“(F) the Convention on the Prohibition of the Development, Production and Stockpiling of Bacteriological (Biological) and Toxin Weapons and on Their Destruction (done at Washington, London, and Moscow, April 10, 1972); and
“(3) the President has determined that it is essential to the national interests of the United States to exercise the authority of subsection (a).
“(c)Certification of Fundamental Changes in Iraqi Leadership and Policies.—The authority of subsection (a) may be exercised 30 days after the President certifies to the Congress that—“(1) there has been a fundamental change in the leadership of the Government of Iraq; and
“(2) the new Government of Iraq has provided reliable and credible assurance that—“(A) it respects internationally recognized human rights and it will demonstrate such respect through its conduct;
“(B) it is not acquiring, developing, or manufacturing and it will not acquire, develop, or manufacture (i) ballistic missiles, (ii) chemical, biological, or nuclear weapons, or (iii) components for such weapons; has forsworn the first use of such weapons; and is taking substantial and verifiable steps to destroy or otherwise dispose of any such missiles and weapons it possesses;
“(C) it is not and will not provide support for international terrorism; and
“(D) it is and will continue to be in substantial compliance with its obligations under international law, including all the treaties specified in subparagraphs (A) through (F) of subsection (span)(2).
“(d)Information To Be Included in Certifications.—Any certification under subsection (span) or (c) shall include the justification for each determination required by that subsection. The certification shall also specify which paragraphs of section 586G(a) the President will waive pursuant to that certification.
“SEC. 586I. DENIAL OF LICENSES FOR CERTAIN EXPORTS TO COUNTRIES ASSISTING IRAQ’S ROCKET OR CHEMICAL, BIOLOGICAL, OR NUCLEAR WEAPONS CAPABILITY.“(a)Restriction on Export Licenses.—None of the funds appropriated by this or any other Act may be used to approve the licensing for export of any supercomputer to any country whose government the President determines is assisting, or whose government officials the President determines are assisting, Iraq to improve its rocket technology or chemical, biological, or nuclear weapons capability.
“(span)Negotiations.—The President is directed to begin immediate negotiations with those governments with which the United States has bilateral supercomputer agreements, including the Government of the United Kingdom and the Government of Japan, on conditions restricting the transfer to Iraq of supercomputer or associated technology.
“SEC. 586J. REPORTS TO CONGRESS.“(a)Study and Report on the International Export to Iraq of Nuclear, Biological, Chemical, and Ballistic Missile Technology.—(1) The President shall conduct a study on the sale, export, and third party transfer or development of nuclear, biological, chemical, and ballistic missile technology to or with Iraq including—“(A) an identification of specific countries, as well as companies and individuals, both foreign and domestic, engaged in such sale or export of, nuclear, biological, chemical, and ballistic missile technology;
“(B) a detailed description and analysis of the international supply, information, support, and coproduction network, individual, corporate, and state, responsible for Iraq’s current capability in the area of nuclear, biological, chemical, and ballistic missile technology; and
“(C) a recommendation of standards and procedures against which to measure and verify a decision of the Government of Iraq to terminate the development, production, coproduction, and deployment of nuclear, biological, chemical, and offensive ballistic missile technology as well as the destruction of all existing facilities associated with such technologies.
“(2) The President shall include in the study required by paragraph (1) specific recommendations on new mechanisms, to include, but not be limited to, legal, political, economic and regulatory, whereby the United States might contribute, in conjunction with its friends, allies, and the international community, to the management, control, or elimination of the threat of nuclear, biological, chemical, and ballistic missile proliferation.
“(3) Not later than March 30, 1991, the President shall submit to the Committee on Appropriations and the Committee on Foreign Relations of the Senate and the Committee on Appropriations and the Committee on Foreign Affairs of the House of Representatives, a report, in both classified and unclassified form, setting forth the findings of the study required by paragraph (1) of this subsection.
“(span)Study and Report on Iraq’s Offensive Military Capability.—(1) The President shall conduct a study on Iraq’s offensive military capability and its effect on the Middle East balance of power including an assessment of Iraq’s power projection capability, the prospects for another sustained conflict with Iran, joint Iraqi-Jordanian military cooperation, the threat Iraq’s arms transfer activities pose to United States allies in the Middle East, and the extension of Iraq’s political-military influence into Africa and Latin America.
“(2) Not later than March 30, 1991, the President shall submit to the Committee on Appropriations and the Committee on Foreign Relations of the Senate and the Committee on Appropriations and the Committee on Foreign Affairs of the House of Representatives, a report, in both classified and unclassified form, setting forth the findings of the study required by paragraph (1).
“(c)Report on Sanctions Taken by Other Nations Against Iraq.—(1) The President shall prepare a report on the steps taken by other nations, both before and after the August 2, 1990, invasion of Kuwait, to curtail the export of goods, services, and technologies to Iraq which might contribute to, or enhance, Iraq’s nuclear, biological, chemical, and ballistic missile capability.
“(2) The President shall provide a complete accounting of international compliance with each of the sanctions resolutions adopted by the United Nations Security Council against Iraq since August 2, 1990, and shall list, by span, each country which to his knowledge, has provided any assistance to Iraq and the amount and type of that assistance in violation of each United Nations resolution.
“(3) The President shall make every effort to encourage other nations, in whatever forum or context, to adopt sanctions toward Iraq similar to those contained in this section.
“(4) Not later than every 6 months after the date of enactment of this Act [Nov. 5, 1990], the President shall submit to the Committee on Appropriations and the Committee on Foreign Relations of the Senate and the Committee on Appropriations and the Committee on Foreign Affairs of the House of Representatives, a report in both classified and unclassified form, setting forth the findings of the study required by paragraph (1) of this subsection.”
[Provisions similar to section 586D of Puspan. L. 101–513, set out above, relating to compliance with sanctions against Iraq were contained in the following appropriations acts:
[Puspan. L. 108–7, div. E, title V, § 531, Fespan. 20, 2003, 117 Stat. 192.
[Puspan. L. 107–115, title V, § 531, Jan. 10, 2002, 115 Stat. 2150.
[Puspan. L. 106–429, § 101(a) [title V, § 534], Nov. 6, 2000, 114 Stat. 1900, 1900A–34.
[Puspan. L. 106–113, div. B, § 1000(a)(2) [title V, § 534], Nov. 29, 1999, 113 Stat. 1535, 1501A–93.
[Puspan. L. 105–277, div. A, § 101(d) [title V, § 535], Oct. 21, 1998, 112 Stat. 2681–150, 2681–181.
[Puspan. L. 105–118, title V, § 534, Nov. 26, 1997, 111 Stat. 2416.
[Puspan. L. 104–208, div. A, title I, § 101(c) [title V, § 533], Sept. 30, 1996, 110 Stat. 3009–121, 3009–152.
[Puspan. L. 104–107, title V, § 534, Fespan. 12, 1996, 110 Stat. 734.
[Puspan. L. 103–306, title V, § 538, Aug. 23, 1994, 108 Stat. 1639.
[Puspan. L. 103–87, title V, § 539, Sept. 30, 1993, 107 Stat. 957.
[Puspan. L. 102–391, title V, § 573, Oct. 6, 1992, 106 Stat. 1683.]
Puspan. L. 101–510, div. A, title XIV, § 1458, Nov. 5, 1990, 104 Stat. 1697, provided that: “If the President considers that the taking of such action would promote the effectiveness of the economic sanctions of the United Nations and the United States imposed with respect to Iraq, and is consistent with the national interest, the President may prohibit, for such a period of time as he considers appropriate, the importation into the United States of any or all products of any foreign country that has not—“(1) prohibited—“(A) the importation of products of Iraq into its customs territory, and
“(B) the export of its products to Iraq; or
“(2) given assurances satisfactory to the President that such import and export sanctions will be promptly implemented.”
Iran Claims SettlementPuspan. L. 99–93, title V, Aug. 16, 1985, 99 Stat. 437, provided for the determination of the validity and amounts of claims by United States nationals against Iran which were settled en bloc by the United States.
Executive Documents
Suspending the Iraq Sanctions Act, Making Inapplicable Certain Statutory Provisions Related to Iraq, and Delegating Authorities, Under the Emergency Wartime Supplemental Appropriations Act, 2003Determination of President of the United States, No. 2003–23, May 7, 2003, 68 F.R. 26459, provided:
Memorandum for the Secretary of State [and] the Secretary of Commerce
By virtue of the authority vested in me by the Constitution and the laws of the United States, including sections 1503 and 1504 of the Emergency Wartime Supplemental Act, 2003 [Emergency Wartime Supplemental Appropriations Act, 2003], Public Law 108–11 (the “Act”) [117 Stat. 579], and section 301 of title 3, United States Code, I hereby:
(1) suspend the application of all of the provisions, other than section 586E, of the Iraq Sanctions Act of 1990, Public Law 101–513 [set out above], and
(2) make inapplicable with respect to Iraq section 620A of the Foreign Assistance Act of 1961, Public Law 87–195, as amended [22 U.S.C. 2371] (the “FAA”), and any other provision of law that applies to countries that have supported terrorism.
In addition, I delegate the functions and authorities conferred upon the President by:
(1) section 1503 of the Act to submit reports to the designated committees of the Congress to the Secretary of Commerce, or until such time as the principal licensing responsibility for the export to Iraq of items on the Commerce Control List has reverted to the Department of Commerce, to the Secretary of the Treasury; and,
(2) section 1504 of the Act to the Secretary of State.
The functions and authorities delegated herein may be further delegated and redelegated to the extent consistent with applicable law.
The Secretary of State is authorized and directed to publish this determination in the Federal Register.
George W. Bush. Ex. Ord. No. 13761. Recognizing Positive Actions by the Government of Sudan and Providing for the Revocation of Certain Sudan-Related SanctionsEx. Ord. No. 13761, Jan. 13, 2017, 82 F.R. 5331, as amended by Ex. Ord. No. 13804, § 1, July 11, 2017, 82 F.R. 32611, provided:
By the authority vested in me as President by the Constitution and the laws of the United States of America, including the International Emergency Economic Powers Act (50 U.S.C. 1701 et seq.), the National Emergencies Act (50 U.S.C. 1601 et seq.), the Trade Sanctions Reform and Export Enhancement Act of 2000 (22 U.S.C. 7201–7211) (TSRA), the Comprehensive Peace in Sudan Act of 2004, as amended (Public Law 108–497) [formerly set out as a note above] (CPSA), the Darfur Peace and Accountability Act of 2006 (Public Law 109–344) (DPAA), and section 301 of title 3, United States Code,
I, BARACK OBAMA, President of the United States of America, find that the situation that gave rise to the actions taken in Executive Order 13067 of November 3, 1997, and Executive Order 13412 of October 13, 2006, related to the policies and actions of the Government of Sudan has been altered by Sudan’s positive actions over the past 6 months. These actions include a marked reduction in offensive military activity, culminating in a pledge to maintain a cessation of hostilities in conflict areas in Sudan, and steps toward the improvement of humanitarian access throughout Sudan, as well as cooperation with the United States on addressing regional conflicts and the threat of terrorism. Given these developments, and in order to see these efforts sustained and enhanced by the Government of Sudan, I hereby order:
Section 1. Effective October 12, 2017 and provided the criteria in section 12(span) of this order are met, sections 1 and 2 of Executive Order 13067 of November 3, 1997 [listed in a table below], are revoked, and Executive Order 13412 of October 13, 2006 [listed in a table below], is revoked in its entirety. The revocation of those provisions of Executive Order 13067 and of Executive Order 13412 shall not affect any violation of any rules, regulations, orders, licenses, or other forms of administrative action under those orders during the period that those provisions were in effect.
Sec. 2. Pursuant to section 908(a)(3) of TSRA, I hereby determine that it is in the national security interest of the United States to waive, and hereby waive, the application of section 908(a)(1) of TSRA with respect to Sudan.
Sec. 3. Pursuant to section 6(d) of CPSA, I hereby determine and certify that it is in the national interest of the United States to waive, and hereby waive, the application of sections 6(a) and (span) of CPSA.
Sec. 4. The function of the President under section 6(c)(1) of CPSA is assigned to the Secretary of the Treasury.
Sec. 5. The functions of the President under section 6(c)(2) and the last sentence of section 6(d) of CPSA are assigned to the Secretary of State, except that the function of denial of entry is assigned to the Secretary of Homeland Security.
Sec. 6. The function of the President under section 8 of DPAA is assigned to the Secretary of State.
Sec. 7. The Secretary of the Treasury and the Secretary of Commerce are authorized to issue regulations, licenses, and orders, and conduct such investigations as may be necessary, to implement the provisions of section 906 of TSRA.
Sec. 8. This order is not intended to, and does not, otherwise affect the national emergency declared in Executive Order 13067 of November 3, 1997, as expanded in scope by Executive Order 13400 of April 26, 2006, which shall remain in place.
Sec. 9. This order is not intended to, and does not, create any right or benefit, substantive or procedural, enforceable at law or in equity by any party against the United States, its departments, agencies, or entities, its officers, employees, or agents, or any other person.
Sec. 10. On or before October 12, 2017, the Secretary of State, in consultation with the Secretary of the Treasury, the Director of National Intelligence, and the Administrator of the U.S. Agency for International Development, and based on a consideration of relevant and credible information from available sources, including nongovernmental organizations, shall provide to the President a report on whether the Government of Sudan has sustained the positive actions that gave rise to this order, including carrying out its pledge to maintain a cessation of hostilities in conflict areas in Sudan; continued improvement of humanitarian access throughout Sudan; and maintaining its cooperation with the United States on addressing regional conflicts and the threat of terrorism. As much of the report as possible, consistent with sources and methods, shall be unclassified and made public.
Sec. 11. [Revoked by Ex. Ord. No. 13804, § 1(d), July 11, 2017, 82 F.R. 32611.]
Sec. 12. (a) This order is effective on January 13, 2017, except for sections 1, 4, 5, 6, and 7 of this order;
(span) Sections 1, 4, 5, 6, and 7 of this order are effective on October 12, 2017, provided that the Secretary of State, in consultation with the Secretary of the Treasury, the Director of National Intelligence, and the Administrator of the U.S. Agency for International Development, has published a notice in the Federal Register on or before that date, stating that the Government of Sudan has sustained the positive actions that gave rise to this order and that the Secretary of State has provided to the President the report described in section 10 of this order.
Promoting Accountability for Conflict-Related Sexual ViolenceMemorandum of President of the United States, Nov. 28, 2022, 87 F.R. 74485, provided:
Memorandum for the Heads of Executive Departments and Agencies
By the authority vested in me as President by the Constitution and the laws of the United States of America, and in order to enhance United States policy and approach to prevent and respond to conflict-related sexual violence worldwide, it is hereby ordered as follows:
Section 1. Policy. Conflict-related sexual violence (CRSV) has devastating effects on individuals and communities, undermines peace and security, and prevents inclusive and sustainable development. Yet wherever conflicts or crises occur, sexual violence continues to be wielded as a tool or is a byproduct of armed conflict. Impunity for CRSV remains widespread, with accountability and justice the rare exception. For each rape reported in connection with a conflict, the United Nations estimates that 10 to 20 cases go undocumented, in part due to the impunity of perpetrators. Among the best ways to prevent CRSV worldwide are to advance global gender equity and equality and change harmful societal gender norms; prioritize prevention measures and locally-driven responses to all forms of gender-based violence, including through respect for human rights and international humanitarian law and equal protection under the law; and address impunity related to these brutal, yet often unreported, acts.
The United States does not accept CRSV as an inevitable cost of armed conflict and is committed to supporting survivors of this scourge by invoking all tools available, including legal, policy, diplomatic, and financial tools, to deter such violence, break the vicious cycle of impunity, and provide the necessary services to survivors. The United States has numerous frameworks, including laws and policies, through which to respond to and address CRSV, but more action is required to use them fully and in a manner that responds to the full scale of this problem. These efforts to address impunity and increase accountability for CRSV will complement a broader, holistic approach to preventing and responding to this scourge, which includes advancing gender equity and equality; prioritizing the immediate needs of survivors; and amplifying survivor voices in transitional justice, the provision of services, and peace and political processes.
It is the policy of the United States to fully exercise existing authorities to impose economic sanctions and implement visa restrictions in order to promote justice and accountability for acts of CRSV; devote the necessary resources to ensure regular coordination and reporting on CRSV incidents and to conduct training on CRSV issues more broadly, including to support the designation of sanctions targets; strengthen the implementation of other existing tools and authorities to promote accountability for CRSV, including the provision of United States security assistance; and broaden engagement with foreign partner governments to encourage the establishment and use of their own tools to promote justice and accountability.
Sec. 2. Advancing Accountability for Acts of CRSV through Existing Sanctions Authorities. (a) Executive Order 13818 of December 20, 2017 (Blocking the Property of Persons Involved in Serious Human Rights Abuse or Corruption) [listed in a table below], builds on and implements the Global Magnitsky Human Rights Accountability Act, [subtitle F of title XII of div. A of] Public Law 114–328 (the “Act”) [22 U.S.C. 10101 et seq.], and authorizes the imposition of sanctions on persons, including both individuals and entities, responsible for or complicit in, or who have directly or indirectly engaged in, serious human rights abuse, as well as individuals who are or have been leaders or officials of an entity, including any government entity, that has engaged in, or which has members who have engaged in, serious human rights abuses relating to their tenure, among other things. It is the policy of the United States that an act of CRSV, committed by either state or non-state actors, may constitute a “serious human rights abuse” for purposes of designation under Executive Order 13818, as well as other similar authorities, and in furtherance of the policy reflected in the Act.
(span) In addition to the authorities described in subsection (a) of this section, many country-specific sanctions programs also contain criteria for the imposition of sanctions on persons engaged in or otherwise connected to activities that may include CRSV. For example, numerous sanctions programs, including country-specific programs related to Belarus, Burma, the Central African Republic, the Democratic Republic of the Congo, Iran, Libya, Mali, Nicaragua, Somalia, North Korea, the Russian Federation, South Sudan, Syria, Venezuela, the Western Balkans, and Zimbabwe, include criteria for targeting certain abuses or violations of human rights, which may include CRSV depending on specific facts and circumstances. It is the policy of the United States to promote accountability for perpetrators of acts of CRSV through relevant existing sanctions authorities, where applicable, and to ensure that these authorities are used to the fullest extent possible to target perpetrators of acts of CRSV and their enablers.
(c) I hereby direct the Secretary of State, the Secretary of the Treasury, the Attorney General, and the Director of National Intelligence to undertake the following actions, including by issuing guidance or regulations as appropriate:
(i) ensure equal consideration of and attention to acts of CRSV as the conduct supporting designation when identifying appropriate targets and compiling information necessary for the preparation of sanctions packages under applicable authorities, including those identified in this section; and
(ii) strengthen the capacity of executive departments and agencies (agencies) to collect, identify, assess, and share information on CRSV as appropriate, including by consulting with local civil society organizations, taking into account the importance of safely gathering information from survivors to support potential designations under existing sanctions authorities.
Sec. 3. Advancing Accountability for Acts of CRSV Through Additional Measures and Authorities. The United States is committed to using all available tools, including those pertaining to security assistance and visa eligibility, to prevent and respond to CRSV and promote accountability for perpetrators. Heads of agencies, including the Secretary of State and the Secretary of the Treasury, are directed to use existing authorities to the fullest extent possible to promote accountability for acts of CRSV, including considering acts of CRSV when assessing the potential application of existing laws and regulations, including, where appropriate, the laws known as the “Leahy Laws” (22 U.S.C. 2378d and 10 U.S.C. 362) and sections 7031(c) [8 U.S.C. 1182 note] and 7048(g) [136 Stat. 664] of the Department of State, Foreign Operations, and Related Programs Appropriations Act, 2022 (Div. K, Public Law 117–103, as carried forward by the Continuing Appropriations Act, 2023 (Div. A, Public Law 117–180)), as well as similar provisions in future acts.
Sec. 4. Building Coalitions of Like-Minded Nations and Engaging International Organizations in Promoting Accountability for Acts of CRSV. Bilateral relationships with allies and partners, as well as engagement in multilateral fora and our relationships with international organizations, are critical to promote justice and accountability for acts of CRSV and bring global attention to this issue. Agencies engaged abroad shall reinforce the work they have done and amplify efforts with other nations—bilaterally and within multilateral fora—and with international organizations to broaden the number of countries willing to support accountability for acts of CRSV and to strengthen policies and locally-driven programming in multilateral institutions, including efforts to address the immediate and long-term needs of survivors, to promote accountability and justice for acts of CRSV.
Sec. 5. Definition. For the purposes of this memorandum, the term “conflict-related sexual violence” (CRSV) refers to incidents or patterns of sexual violence that occur in conflict or post-conflict situations with a direct or indirect link to conflict. CRSV may include rape, sexual slavery, sex trafficking, forced pregnancy, forced sterilization, and any other form of sexual violence of comparable gravity, against individuals of all gender identities. Depending on the circumstances, acts of CRSV can constitute war crimes, crimes against humanity, or acts of genocide, and therefore may constitute crimes that are punishable under international law.
Sec. 6. General Provisions. (a) Nothing in this memorandum shall be construed to impair or otherwise affect:
(i) the authority granted by law to an executive department or agency, or the head thereof; or
(ii) the functions of the Director of the Office of Management and Budget relating to budgetary, administrative, or legislative proposals.
(span) This memorandum shall be implemented consistent with applicable law and subject to the availability of appropriations.
(c) This memorandum is not intended to, and does not, create any right or benefit, substantive or procedural, enforceable at law or in equity by any party against the United States, its departments, agencies, or entities, its officers, employees, or agents, or any other person.
(d) The Secretary of State is authorized and directed to publish this memorandum in the Federal Register.
J.R. Biden, Jr. EXECUTIVE DOCUMENTS DECLARING NATIONAL EMERGENCIESProvisions relating to the exercise of Presidential authorities to declare national emergencies for unusual and extraordinary threats with respect to the actions of certain persons and countries are contained in the following:
Afghanistan (Taliban)Ex. Ord. No. 13129, July 4, 1999, 64 F.R. 36759, revoked by Ex. Ord. No. 13268, July 2, 2002, 67 F.R. 44751.
Continuations of national emergency declared by Ex. Ord. No. 13129 were contained in the following:
Notice of President of the United States, dated June 30, 2001, 66 F.R. 35363.
Notice of President of the United States, dated June 30, 2000, 65 F.R. 41549.
Ex. Ord. No. 13268, July 2, 2002, 67 F.R. 44751.
Ex. Ord. No. 14064, Fespan. 11, 2022, 87 F.R. 8391.
Continuation of national emergency declared by Ex. Ord. No. 14064 was contained in the following:
Notice of President of the United States, dated Fespan. 3, 2023, 88 F.R. 7837.
Angola (UNITA)Ex. Ord. No. 12865, Sept. 26, 1993, 58 F.R. 51005, revoked by Ex. Ord. No. 13298, May 6, 2003, 68 F.R. 24857.
Continuations of national emergency declared by Ex. Ord. No. 12865 were contained in the following:
Notice of President of the United States, dated Sept. 23, 2002, 67 F.R. 60105.
Notice of President of the United States, dated Sept. 24, 2001, 66 F.R. 49084.
Notice of President of the United States, dated Sept. 22, 2000, 65 F.R. 57721.
Notice of President of the United States, dated Sept. 21, 1999, 64 F.R. 51419.
Notice of President of the United States, dated Sept. 23, 1998, 63 F.R. 51509.
Notice of President of the United States, dated Sept. 24, 1997, 62 F.R. 50477.
Notice of President of the United States, dated Sept. 16, 1996, 61 F.R. 49047.
Notice of President of the United States, dated Sept. 18, 1995, 60 F.R. 48621.
Notice of President of the United States, dated Aug. 17, 1994, 59 F.R. 42749.
Ex. Ord. No. 13069, Dec. 12, 1997, 62 F.R. 65989, revoked by Ex. Ord. No. 13298, May 6, 2003, 68 F.R. 24857.
Ex. Ord. No. 13098, Aug. 18, 1998, 63 F.R. 44771, revoked by Ex. Ord. No. 13298, May 6, 2003, 68 F.R. 24857.
Ex. Ord. No. 13298, May 6, 2003, 68 F.R. 24857.
BelarusEx. Ord. No. 13405, June 16, 2006, 71 F.R. 35485.
Continuations of national emergency declared by Ex. Ord. No. 13405 were contained in the following:
Notice of President of the United States, dated June 12, 2023, 88 F.R. 39109.
Notice of President of the United States, dated June 13, 2022, 87 F.R. 36047.
Notice of President of the United States, dated June 8, 2021, 86 F.R. 31085.
Notice of President of the United States, dated June 11, 2020, 85 F.R. 36137.
Notice of President of the United States, dated June 13, 2019, 84 F.R. 27905.
Notice of President of the United States, dated June 8, 2018, 83 F.R. 27287.
Notice of President of the United States, dated June 13, 2017, 82 F.R. 27605.
Notice of President of the United States, dated June 10, 2016, 81 F.R. 38879.
Notice of President of the United States, dated June 10, 2015, 80 F.R. 34021.
Notice of President of the United States, dated June 10, 2014, 79 F.R. 33847.
Notice of President of the United States, dated June 13, 2013, 78 F.R. 36081.
Notice of President of the United States, dated June 14, 2012, 77 F.R. 36113.
Notice of President of the United States, dated June 14, 2011, 76 F.R. 35093.
Notice of President of the United States, dated June 8, 2010, 75 F.R. 32841.
Notice of President of the United States, dated June 12, 2009, 74 F.R. 28437.
Notice of President of the United States, dated June 6, 2008, 73 F.R. 32981.
Notice of President of the United States, dated June 14, 2007, 72 F.R. 33381.
Ex. Ord. No. 14038, Aug. 9, 2021, 86 F.R. 43905.
BurmaEx. Ord. No. 13047, May 20, 1997, 62 F.R. 28301, sections 1 to 7 of which were revoked by Ex. Ord. No. 13310, § 12, July 28, 2003, 68 F.R. 44855, to the extent inconsistent with Ex. Ord. No. 13310; revoked in full by Ex. Ord. No. 13742, Oct. 7, 2016, 81 F.R. 70593.
Continuations of national emergency declared by Ex. Ord. No. 13047 were contained in the following:
Notice of President of the United States, dated May 17, 2016, 81 F.R. 31487.
Notice of President of the United States, dated May 15, 2015, 80 F.R. 28805.
Notice of President of the United States, dated May 15, 2014, 79 F.R. 28807.
Notice of President of the United States, dated May 2, 2013, 78 F.R. 26231.
Notice of President of the United States, dated May 17, 2012, 77 F.R. 29851.
Notice of President of the United States, dated May 16, 2011, 76 F.R. 28883.
Notice of President of the United States, dated May 13, 2010, 75 F.R. 27629.
Notice of President of the United States, dated May 14, 2009, 74 F.R. 23287.
Notice of President of the United States, dated May 16, 2008, 73 F.R. 29035.
Notice of President of the United States, dated May 17, 2007, 72 F.R. 28447.
Notice of President of the United States, dated May 18, 2006, 71 F.R. 29239.
Notice of President of the United States, dated May 17, 2005, 70 F.R. 28771.
Notice of President of the United States, dated May 17, 2004, 69 F.R. 29041.
Notice of President of the United States, dated May 16, 2003, 68 F.R. 27425.
Notice of President of the United States, dated May 16, 2002, 67 F.R. 35423.
Notice of President of the United States, dated May 15, 2001, 66 F.R. 27443.
Notice of President of the United States, dated May 18, 2000, 65 F.R. 32005.
Notice of President of the United States, dated May 18, 1999, 64 F.R. 27443.
Notice of President of the United States, dated May 18, 1998, 63 F.R. 27661.
Ex. Ord. No. 13310, July 28, 2003, 68 F.R. 44853, as amended by Ex. Ord. No. 13651, § 2, Aug. 6, 2013, 78 F.R. 48793, revoked by Ex. Ord. No. 13742, Oct. 7, 2016, 81 F.R. 70593.
Ex. Ord. No. 13448, Oct. 18, 2007, 72 F.R. 60223, as amended by Ex. Ord. No. 13619, § 2(span), July 11, 2012, 77 F.R. 41244, revoked by Ex. Ord. No. 13742, Oct. 7, 2016, 81 F.R. 70593.
Ex. Ord. No. 13464, Apr. 30, 2008, 73 F.R. 24491, as amended by Ex. Ord. No. 13619, § 2(a), July 11, 2012, 77 F.R. 41244, revoked by Ex. Ord. No. 13742, Oct. 7, 2016, 81 F.R. 70593.
Ex. Ord. No. 13619, July 11, 2012, 77 F.R. 41243, revoked by Ex. Ord. No. 13742, Oct. 7, 2016, 81 F.R. 70593.
Ex. Ord. No. 13651, Aug. 6, 2013, 78 F.R. 48793, revoked by Ex. Ord. No. 13742, Oct. 7, 2016, 81 F.R. 70593.
Ex. Ord. No. 13742, Oct. 7, 2016, 81 F.R. 70593.
Ex. Ord. No. 14014, Fespan. 10, 2021, 86 F.R. 9429.
Continuations of national emergency declared by Ex. Ord. No. 14014 were contained in the following:
Notice of President of the United States, dated Fespan. 6, 2023, 88 F.R. 8205.
Notice of President of the United States, dated Fespan. 7, 2022, 87 F.R. 7677.
BurundiEx. Ord. No. 13712, Nov. 22, 2015, 80 F.R. 73633, revoked by Ex. Ord. No. 14054, Nov. 18, 2021, 86 F.R. 66149.
Continuations of national emergency declared by Ex. Ord. No. 13712 were contained in the following:
Notice of President of the United States, dated Nov. 12, 2020, 85 F.R. 72893.
Notice of President of the United States, dated Nov. 19, 2019, 84 F.R. 64191.
Notice of President of the United States, dated Nov. 16, 2018, 83 F.R. 58461.
Notice of President of the United States, dated Nov. 6, 2017, 82 F.R. 51967.
Notice of President of the United States, dated Nov. 9, 2016, 81 F.R. 79989.
Ex. Ord. No. 14054, Nov. 18, 2021, 86 F.R. 66149.
Central African RepublicEx. Ord. No. 13667, May 12, 2014, 79 F.R. 28387.
Continuations of national emergency declared by Ex. Ord. No. 13667 were contained in the following:
Notice of President of the United States, dated May 10, 2023, 88 F.R. 30637.
Notice of President of the United States, dated May 9, 2022, 87 F.R. 29019.
Notice of President of the United States, dated May 6, 2021, 86 F.R. 25795.
Notice of President of the United States, dated May 7, 2020, 85 F.R. 27641.
Notice of President of the United States, dated May 8, 2019, 84 F.R. 20539.
Notice of President of the United States, dated May 10, 2018, 83 F.R. 22175.
Notice of President of the United States, dated May 9, 2017, 82 F.R. 21911.
Notice of President of the United States, dated May 9, 2016, 81 F.R. 29469.
Notice of President of the United States, dated May 8, 2015, 80 F.R. 27067.
ColombiaEx. Ord. No. 12978, Oct. 21, 1995, 60 F.R. 54579, as amended by Ex. Ord. No. 13286, § 22, Fespan. 28, 2003, 68 F.R. 10624.
Continuations of national emergency declared by Ex. Ord. No. 12978 were contained in the following:
Notice of President of the United States, dated Oct. 17, 2023, 88 F.R. 72345.
Notice of President of the United States, dated Oct. 12, 2022, 87 F.R. 62279.
Notice of President of the United States, dated Oct. 12, 2021, 86 F.R. 57319.
Notice of President of the United States, dated Oct. 19, 2020, 85 F.R. 66871.
Notice of President of the United States, dated Oct. 15, 2019, 84 F.R. 55857.
Notice of President of the United States, dated Oct. 17, 2018, 83 F.R. 52941.
Notice of President of the United States, dated Oct. 16, 2017, 82 F.R. 48607.
Notice of President of the United States, dated Oct. 18, 2016, 81 F.R. 72679.
Notice of President of the United States, dated Oct. 19, 2015, 80 F.R. 63665.
Notice of President of the United States, dated Oct. 16, 2014, 79 F.R. 62795.
Notice of President of the United States, dated Oct. 16, 2013, 78 F.R. 62341.
Notice of President of the United States, dated Oct. 17, 2012, 77 F.R. 64221.
Notice of President of the United States, dated Oct. 19, 2011, 76 F.R. 65355.
Notice of President of the United States, dated Oct. 14, 2010, 75 F.R. 64109.
Notice of President of the United States, dated Oct. 16, 2009, 74 F.R. 53879.
Notice of President of the United States, dated Oct. 16, 2008, 73 F.R. 62433.
Notice of President of the United States, dated Oct. 18, 2007, 72 F.R. 59473.
Notice of President of the United States, dated Oct. 19, 2006, 71 F.R. 62053.
Notice of President of the United States, dated Oct. 19, 2005, 70 F.R. 61209.
Notice of President of the United States, dated Oct. 19, 2004, 69 F.R. 61733.
Notice of President of the United States, dated Oct. 16, 2003, 68 F.R. 60023.
Notice of President of the United States, dated Oct. 16, 2002, 67 F.R. 64307.
Notice of President of the United States, dated Oct. 16, 2001, 66 F.R. 53073.
Notice of President of the United States, dated Oct. 19, 2000, 65 F.R. 63193.
Notice of President of the United States, dated Oct. 19, 1999, 64 F.R. 56667.
Notice of President of the United States, dated Oct. 19, 1998, 63 F.R. 56079.
Notice of President of the United States, dated Oct. 17, 1997, 62 F.R. 54561.
Notice of President of the United States, dated Oct. 16, 1996, 61 F.R. 54531.
Communist Chinese Military CompaniesEx. Ord. No. 13959, Nov. 12, 2020, 85 F.R. 73185, as amended by Ex. Ord. No. 13974, §§ 1–3, Jan. 13, 2021, 86 F.R. 4875, 4876, revoked by Ex. Ord. No. 14032, § 4, June 3, 2021, 86 F.R. 30147; Ex. Ord. No. 14032, §§ 1–3, June 3, 2021, 86 F.R. 30145, 30146.
Continuations of national emergency declared by Ex. Ord. No. 13959 were contained in the following:
Notice of President of the United States, dated Nov. 3, 2023, 88 F.R. 76987.
Notice of President of the United States, dated Nov. 8, 2022, 87 F.R. 68017.
Notice of President of the United States, dated Nov. 9, 2021, 86 F.R. 62711.
Côte d’IvoireEx. Ord. No. 13396, Fespan. 7, 2006, 71 F.R. 7389, revoked by Ex. Ord. No. 13739, Sept. 14, 2016, 81 F.R. 63673.
Continuations of national emergency declared by Ex. Ord. No. 13396 were contained in the following:
Notice of President of the United States, dated Fespan. 3, 2016, 81 F.R. 6157.
Notice of President of the United States, dated Fespan. 4, 2015, 80 F.R. 6647.
Notice of President of the United States, dated Fespan. 4, 2014, 79 F.R. 7047.
Notice of President of the United States, dated Fespan. 4, 2013, 78 F.R. 8955.
Notice of President of the United States, dated Fespan. 3, 2012, 77 F.R. 5985.
Notice of President of the United States, dated Jan. 26, 2011, 76 F.R. 5053.
Notice of President of the United States, dated Fespan. 2, 2010, 75 F.R. 5675.
Notice of President of the United States, dated Fespan. 4, 2009, 74 F.R. 6349.
Notice of President of the United States, dated Fespan. 5, 2008, 73 F.R. 7185.
Notice of President of the United States, dated Fespan. 5, 2007, 72 F.R. 5593.
Ex. Ord. No. 13739, Sept. 14, 2016, 81 F.R. 63673.
Countries and Persons Committing or Supporting TerrorismEx. Ord. No. 12947, Jan. 23, 1995, 60 F.R. 5079, as amended by Ex. Ord. No. 13099, §§ 1, 2, Aug. 20, 1998, 63 F.R. 45167; Ex. Ord. No. 13372, § 2, Fespan. 16, 2005, 70 F.R. 8499, revoked by Ex. Ord. 13886, Sept. 9, 2019, 84 F.R. 48041.
Continuations of national emergency declared by Ex. Ord. No. 12947 were contained in the following:
Notice of President of the United States, dated Jan. 16, 2019, 84 F.R. 127.
Notice of President of the United States, dated Jan. 17, 2018, 83 F.R. 2731.
Notice of President of the United States, dated Jan. 13, 2017, 82 F.R. 6165.
Notice of President of the United States, dated Jan. 20, 2016, 81 F.R. 3937.
Notice of President of the United States, dated Jan. 21, 2015, 80 F.R. 3461.
Notice of President of the United States, dated Jan. 21, 2014, 79 F.R. 3721.
Notice of President of the United States, dated Jan. 17, 2013, 78 F.R. 4303.
Notice of President of the United States, dated Jan. 19, 2012, 77 F.R. 3067.
Notice of President of the United States, dated Jan. 13, 2011, 76 F.R. 3009.
Notice of President of the United States, dated Jan. 20, 2010, 75 F.R. 3845.
Notice of President of the United States, dated Jan. 15, 2009, 74 F.R. 3961.
Notice of President of the United States, dated Jan. 18, 2008, 73 F.R. 3859.
Notice of President of the United States, dated Jan. 18, 2007, 72 F.R. 2595.
Notice of President of the United States, dated Jan. 18, 2006, 71 F.R. 3407.
Notice of President of the United States, dated Jan. 17, 2005, 70 F.R. 3277.
Notice of President of the United States, dated Jan. 16, 2004, 69 F.R. 2991.
Notice of President of the United States, dated Jan. 20, 2003, 68 F.R. 3161.
Notice of President of the United States, dated Jan. 18, 2002, 67 F.R. 3033.
Notice of President of the United States, dated Jan. 19, 2001, 66 F.R. 7371.
Notice of President of the United States, dated Jan. 19, 2000, 65 F.R. 3581.
Notice of President of the United States, dated Jan. 20, 1999, 64 F.R. 3393.
Notice of President of the United States, dated Jan. 21, 1998, 63 F.R. 3445.
Notice of President of the United States, dated Jan. 21, 1997, 62 F.R. 3439.
Notice of President of the United States, dated Jan. 18, 1996, 61 F.R. 1695.
Ex. Ord. No. 13224, Sept. 23, 2001, 66 F.R. 49079, as amended by Ex. Ord. No. 13268, § 1, July 2, 2002, 67 F.R. 44751; Ex. Ord. No. 13284, § 4, Jan. 23, 2003, 68 F.R. 4075; Ex. Ord. No. 13372, § 1, Fespan. 16, 2005, 70 F.R. 8499; Ex. Ord. No. 13886, §§ 1, 2, Sept. 9, 2019, 84 F.R. 48041, 48042.
Continuations of national emergency declared by Ex. Ord. No. 13224 were contained in the following:
Notice of President of the United States, dated Sept. 7, 2023, 88 F.R. 62439.
Notice of President of the United States, dated Sept. 19, 2022, 87 F.R. 57569.
Notice of President of the United States, dated Sept. 15, 2021, 86 F.R. 52069.
Notice of President of the United States, dated Sept. 18, 2020, 85 F.R. 59641.
Notice of President of the United States, dated Sept. 19, 2019, 84 F.R. 49633.
Notice of President of the United States, dated Sept. 19, 2018, 83 F.R. 47799.
Notice of President of the United States, dated Sept. 18, 2017, 82 F.R. 43825.
Notice of President of the United States, dated Sept. 15, 2016, 81 F.R. 64343.
Notice of President of the United States, dated Sept. 18, 2015, 80 F.R. 57281.
Notice of President of the United States, dated Sept. 17, 2014, 79 F.R. 56475.
Notice of President of the United States, dated Sept. 18, 2013, 78 F.R. 58151.
Notice of President of the United States, dated Sept. 11, 2012, 77 F.R. 56519.
Notice of President of the United States, dated Sept. 21, 2011, 76 F.R. 59001.
Notice of President of the United States, dated Sept. 16, 2010, 75 F.R. 57159.
Notice of President of the United States, dated Sept. 21, 2009, 74 F.R. 48359.
Notice of President of the United States, dated Sept. 18, 2008, 73 F.R. 54489.
Notice of President of the United States, dated Sept. 20, 2007, 72 F.R. 54205.
Notice of President of the United States, dated Sept. 21, 2006, 71 F.R. 55725.
Notice of President of the United States, dated Sept. 21, 2005, 70 F.R. 55703.
Notice of President of the United States, dated Sept. 21, 2004, 69 F.R. 56923.
Notice of President of the United States, dated Sept. 18, 2003, 68 F.R. 55189.
Notice of President of the United States, dated Sept. 19, 2002, 67 F.R. 59447.
Ex. Ord. No. 13372, Fespan. 16, 2005, 70 F.R. 8499.
Countries and Persons Interfering in United States ElectionsEx. Ord. No. 13848, Sept. 12, 2018, 83 F.R. 46843.
Continuations of national emergency declared by Ex. Ord. No. 13848 were contained in the following:
Notice of President of the United States, dated Sept. 7, 2023, 88 F.R. 62437.
Notice of President of the United States, dated Sept. 7, 2022, 87 F.R. 55681.
Notice of President of the United States, dated Sept. 7, 2021, 86 F.R. 50601.
Notice of President of the United States, dated Sept. 10, 2020, 85 F.R. 56469.
Notice of President of the United States, dated Sept. 10, 2019, 84 F.R. 48039.
Countries and Persons Proliferating Weapons of Mass DestructionEx. Ord. No. 12735, Nov. 16, 1990, 55 F.R. 48587, revoked by Ex. Ord. No. 12938, § 10, Nov. 14, 1994, 59 F.R. 59099.
Continuations of national emergency declared by Ex. Ord. No. 12735 were contained in the following:
Notice of President of the United States, dated Nov. 12, 1993, 58 F.R. 60361.
Notice of President of the United States, dated Nov. 11, 1992, 57 F.R. 53979.
Notice of President of the United States, dated Nov. 14, 1991, 56 F.R. 58171.
Ex. Ord. No. 12868, Sept. 30, 1993, 58 F.R. 51749, revoked, with savings provision, by Ex. Ord. No. 12930, § 3, Sept. 29, 1994, 59 F.R. 50475.
Ex. Ord. No. 12930, Sept. 29, 1994, 59 F.R. 50475, revoked by Ex. Ord. No. 12938, § 10, Nov. 14, 1994, 59 F.R. 59099.
Ex. Ord. No. 12938, Nov. 14, 1994, 59 F.R. 59099, as amended by Ex. Ord. No. 13094, § 1, July 28, 1998, 63 F.R. 40803; Ex. Ord. No. 13128, June 25, 1999, 64 F.R. 34704; Ex. Ord. No. 13382, § 4, June 28, 2005, 70 F.R. 38568.
Continuations of national emergency declared by Ex. Ord. No. 12938 were contained in the following:
Notice of President of the United States, dated Nov. 1, 2023, 88 F.R. 75475.
Notice of President of the United States, dated Nov. 8, 2022, 87 F.R. 68015.
Notice of President of the United States, dated Nov. 10, 2021, 86 F.R. 62891.
Notice of President of the United States, dated Nov. 12, 2020, 85 F.R. 72897.
Notice of President of the United States, dated Nov. 12, 2019, 84 F.R. 61817.
Notice of President of the United States, dated Nov. 8, 2018, 83 F.R. 56253.
Notice of President of the United States, dated Nov. 6, 2017, 82 F.R. 51971.
Notice of President of the United States, dated Nov. 8, 2016, 81 F.R. 79379.
Notice of President of the United States, dated Nov. 12, 2015, 80 F.R. 70667.
Notice of President of the United States, dated Nov. 7, 2014, 79 F.R. 67035.
Notice of President of the United States, dated Nov. 7, 2013, 78 F.R. 67289.
Notice of President of the United States, dated Nov. 1, 2012, 77 F.R. 66513.
Notice of President of the United States, dated Nov. 9, 2011, 76 F.R. 70319.
Notice of President of the United States, dated Nov. 6, 2009, 74 F.R. 58187.
Notice of President of the United States, dated Nov. 10, 2008, 73 F.R. 67097.
Notice of President of the United States, dated Nov. 8, 2007, 72 F.R. 63963.
Notice of President of the United States, dated Oct. 27, 2006, 71 F.R. 64109.
Notice of President of the United States, dated Oct. 25, 2005, 70 F.R. 62027.
Notice of President of the United States, dated Nov. 4, 2004, 69 F.R. 64637.
Notice of President of the United States, dated Oct. 29, 2003, 68 F.R. 62209.
Notice of President of the United States, dated Nov. 6, 2002, 67 F.R. 68493.
Notice of President of the United States, dated Nov. 9, 2001, 66 F.R. 56965.
Notice of President of the United States, dated Nov. 9, 2000, 65 F.R. 68063.
Notice of President of the United States, dated Nov. 10, 1999, 64 F.R. 61767.
Notice of President of the United States, dated Nov. 12, 1998, 63 F.R. 63589.
Notice of President of the United States, dated Nov. 12, 1997, 62 F.R. 60993.
Notice of President of the United States, dated Nov. 12, 1996, 61 F.R. 58309.
Notice of President of the United States, dated Nov. 8, 1995, 60 F.R. 57137.
Ex. Ord. No. 13382, June 28, 2005, 70 F.R. 38567.
Countries and Persons Threatening United States Export Regulation Upon Expiration of the Export Administration Act of 1979Ex. Ord. No. 12444, Oct. 14, 1983, 48 F.R. 48215, revoked by Ex. Ord. No. 12451, Dec. 20, 1983, 48 F.R. 56563.
Ex. Ord. No. 12451, Dec. 20, 1983, 48 F.R. 56563.
Ex. Ord. No. 12470, Mar. 30, 1984, 49 F.R. 13099, revoked by Ex. Ord. No. 12525, July 12, 1985, 50 F.R. 28757.
Continuation of emergency declared by Ex. Ord. No. 12470 was contained in the following:
Notice of President of the United States, dated Mar. 28, 1985, 50 F.R. 12513.
Ex. Ord. No. 12525, July 12, 1985, 50 F.R. 28757.
Ex. Ord. No. 12730, Sept. 30, 1990, 55 F.R. 40373, revoked by Ex. Ord. No. 12867, § 1, Sept. 30, 1993, 58 F.R. 51747.
Continuations of national emergency declared by Ex. Ord. No. 12730 were contained in the following:
Notice of President of the United States, dated Sept. 25, 1992, 57 F.R. 44649.
Notice of President of the United States, dated Sept. 26, 1991, 56 F.R. 49385.
Ex. Ord. No. 12867, Sept. 30, 1993, 58 F.R. 51747.
Ex. Ord. No. 12923, June 30, 1994, 59 F.R. 34551, revoked by Ex. Ord. No. 12924, § 4, Aug. 19, 1994, 59 F.R. 43438.
Ex. Ord. No. 12924, Aug. 19, 1994, 59 F.R. 43437, revoked by Ex. Ord. No. 13206, § 1, Apr. 4, 2001, 66 F.R. 18397.
Continuations of national emergency declared by Ex. Ord. No. 12924 were contained in the following:
Notice of President of the United States, dated Aug. 3, 2000, 65 F.R. 48347.
Notice of President of the United States, dated Aug. 10, 1999, 64 F.R. 44101.
Notice of President of the United States, dated Aug. 13, 1998, 63 F.R. 44121.
Notice of President of the United States, dated Aug. 13, 1997, 62 F.R. 43629.
Notice of President of the United States, dated Aug. 14, 1996, 61 F.R. 42527.
Notice of President of the United States, dated Aug. 15, 1995, 60 F.R. 42767.
Ex. Ord. No. 13206, Apr. 4, 2001, 66 F.R. 18397.
Ex. Ord. No. 13222, Aug. 17, 2001, 66 F.R. 44025, as amended by Ex. Ord. No. 13637, § 5, Mar. 8, 2013, 78 F.R. 16131.
Continuations of national emergency declared by Ex. Ord. No. 13222 were contained in the following:
Notice of President of the United States, dated Aug. 14, 2023, 88 F.R. 55549.
Notice of President of the United States, dated Aug. 4, 2022, 87 F.R. 48077.
Notice of President of the United States, dated Aug. 6, 2021, 86 F.R. 43901.
Notice of President of the United States, dated Aug. 13, 2020, 85 F.R. 49939.
Notice of President of the United States, dated Aug. 14, 2019, 84 F.R. 41881.
Notice of President of the United States, dated Aug. 8, 2018, 83 F.R. 39871.
Notice of President of the United States, dated Aug. 15, 2017, 82 F.R. 39005.
Notice of President of the United States, dated Aug. 4, 2016, 81 F.R. 52587.
Notice of President of the United States, dated Aug. 7, 2015, 80 F.R. 48233.
Notice of President of the United States, dated Aug. 7, 2014, 79 F.R. 46959.
Notice of President of the United States, dated Aug. 8, 2013, 78 F.R. 49107.
Notice of President of the United States, dated Aug. 15, 2012, 77 F.R. 49699.
Notice of President of the United States, dated Aug. 12, 2011, 76 F.R. 50661.
Notice of President of the United States, dated Aug. 12, 2010, 75 F.R. 50681.
Notice of President of the United States, dated Aug. 13, 2009, 74 F.R. 41325.
Notice of President of the United States, dated July 23, 2008, 73 F.R. 43603.
Notice of President of the United States, dated Aug. 15, 2007, 72 F.R. 46137.
Notice of President of the United States, dated Aug. 3, 2006, 71 F.R. 44551.
Notice of President of the United States, dated Aug. 2, 2005, 70 F.R. 45273.
Notice of President of the United States, dated Aug. 6, 2004, 69 F.R. 48763.
Notice of President of the United States, dated Aug. 7, 2003, 68 F.R. 47833.
Notice of President of the United States, dated Aug. 14, 2002, 67 F.R. 53721.
Democratic Republic of the CongoEx. Ord. No. 13413, Oct. 27, 2006, 71 F.R. 64105, as amended by Ex. Ord. No. 13671, §§ 1–3, July 8, 2014, 79 F.R. 39949, 39950.
Continuations of national emergency declared by Ex. Ord. No. 13413 were contained in the following:
Notice of President of the United States, dated Oct. 24, 2023, 88 F.R. 73753.
Notice of President of the United States, dated Oct. 13, 2022, 87 F.R. 62975.
Notice of President of the United States, dated Oct. 25, 2021, 86 F.R. 59277.
Notice of President of the United States, dated Oct. 23, 2020, 85 F.R. 67963.
Notice of President of the United States, dated Oct. 22, 2019, 84 F.R. 56927.
Notice of President of the United States, dated Oct. 25, 2018, 83 F.R. 54227.
Notice of President of the United States, dated Oct. 23, 2017, 82 F.R. 49275.
Notice of President of the United States, dated Oct. 21, 2016, 81 F.R. 74277.
Notice of President of the United States, dated Oct. 21, 2015, 80 F.R. 65119.
Notice of President of the United States, dated Oct. 21, 2014, 79 F.R. 63495.
Notice of President of the United States, dated Oct. 23, 2013, 78 F.R. 64151.
Notice of President of the United States, dated Oct. 24, 2012, 77 F.R. 65251.
Notice of President of the United States, dated Oct. 25, 2011, 76 F.R. 66599.
Notice of President of the United States, dated Oct. 22, 2010, 75 F.R. 65935.
Notice of President of the United States, dated Oct. 20, 2009, 74 F.R. 54741.
Notice of President of the United States, dated Oct. 22, 2008, 73 F.R. 63619.
Notice of President of the United States, dated Oct. 24, 2007, 72 F.R. 61045.
Ex. Ord. No. 13671, July 8, 2014, 79 F.R. 39949.
EthiopiaEx. Ord. No. 14046, Sept. 17, 2021, 86 F.R. 52389.
Continuations of national emergency declared by Ex. Ord. No. 14046 were contained in the following:
Notice of President of the United States, dated Sept. 7, 2023, 88 F.R. 62435.
Notice of President of the United States, dated Sept. 9, 2022, 87 F.R. 55899.
HaitiEx. Ord. No. 12775, Oct. 4, 1991, 56 F.R. 50641, revoked by Ex. Ord. No. 12932, Oct. 14, 1994, 59 F.R. 52403.
Continuations of national emergency declared by Ex. Ord. No. 12775 were contained in the following:
Notice of President of the United States, dated Sept. 30, 1994, 59 F.R. 50479.
Notice of President of the United States, dated Sept. 30, 1993, 58 F.R. 51563.
Notice of President of the United States, dated Sept. 30, 1992, 57 F.R. 45557.
Ex. Ord. No. 12779, Oct. 28, 1991, 56 F.R. 55975, revoked by Ex. Ord. No. 12932, Oct. 14, 1994, 59 F.R. 52403.
Ex. Ord. No. 12853, June 30, 1993, 58 F.R. 35843, revoked by Ex. Ord. No. 12932, Oct. 14, 1994, 59 F.R. 52403.
Ex. Ord. No. 12872, Oct. 18, 1993, 58 F.R. 54029, revoked by Ex. Ord. No. 12932, Oct. 14, 1994, 59 F.R. 52403.
Ex. Ord. No. 12914, May 7, 1994, 59 F.R. 24339, revoked by Ex. Ord. No. 12932, Oct. 14, 1994, 59 F.R. 52403.
Ex. Ord. No. 12917, May 21, 1994, 59 F.R. 26925, revoked by Ex. Ord. No. 12932, Oct. 14, 1994, 59 F.R. 52403.
Ex. Ord. No. 12920, June 10, 1994, 59 F.R. 30501, revoked by Ex. Ord. No. 12932, Oct. 14, 1994, 59 F.R. 52403.
Ex. Ord. No. 12922, June 21, 1994, 59 F.R. 32645, revoked by Ex. Ord. No. 12932, Oct. 14, 1994, 59 F.R. 52403.
Ex. Ord. No. 12932, Oct. 14, 1994, 59 F.R. 52403.
Information and Communications Technology and ServicesEx. Ord. No. 13873, May 15, 2019, 84 F.R. 22689.
Continuations of national emergency declared by Ex. Ord. No. 13873 were contained in the following:
Notice of President of the United States, dated May 10, 2023, 88 F.R. 30635.
Notice of President of the United States, dated May 12, 2022, 87 F.R. 29645.
Notice of President of the United States, dated May 11, 2021, 86 F.R. 26339.
Notice of President of the United States, dated May 13, 2020, 85 F.R. 29321.
Ex. Ord. No. 13942, Aug. 6, 2020, 85 F.R. 48637, revoked by Ex. Ord. No. 14034, § 1, June 9, 2021, 86 F.R. 31424.
Ex. Ord. No. 13943, Aug. 6, 2020, 85 F.R. 48641, revoked by Ex. Ord. No. 14034, § 1, June 9, 2021, 86 F.R. 31424.
Ex. Ord. No. 13971, Jan. 5, 2021, 86 F.R. 1249, revoked by Ex. Ord. No. 14034, § 1, June 9, 2021, 86 F.R. 31424.
Ex. Ord. No. 14034, June 9, 2021, 86 F.R. 31423.
International Criminal CourtEx. Ord. No. 13928, June 11, 2020, 85 F.R. 36139, revoked by Ex. Ord. No. 14022, Apr. 1, 2021, 86 F.R. 17895.
IranEx. Ord. No. 12170, Nov. 14, 1979, 44 F.R. 65729.
Continuations of national emergency declared by Ex. Ord. No. 12170 were contained in the following:
Notice of President of the United States, dated Nov. 7, 2023, 88 F.R. 77489.
Notice of President of the United States, dated Nov. 8, 2022, 87 F.R. 68013.
Notice of President of the United States, dated Nov. 9, 2021, 86 F.R. 62709.
Notice of President of the United States, dated Nov. 12, 2020, 85 F.R. 72895.
Notice of President of the United States, dated Nov. 12, 2019, 84 F.R. 61815.
Notice of President of the United States, dated Nov. 8, 2018, 83 F.R. 56251.
Notice of President of the United States, dated Nov. 6, 2017, 82 F.R. 51969.
Notice of President of the United States, dated Nov. 3, 2016, 81 F.R. 78495.
Notice of President of the United States, dated Nov. 10, 2015, 80 F.R. 70663.
Notice of President of the United States, dated Nov. 12, 2014, 79 F.R. 68091.
Notice of President of the United States, dated Nov. 12, 2013, 78 F.R. 68323.
Notice of President of the United States, dated Nov. 9, 2012, 77 F.R. 67741.
Notice of President of the United States, dated Nov. 7, 2011, 76 F.R. 70035.
Notice of President of the United States, dated Nov. 10, 2010, 75 F.R. 69569.
Notice of President of the United States, dated Nov. 12, 2009, 74 F.R. 58841.
Notice of President of the United States, dated Nov. 10, 2008, 73 F.R. 67357.
Notice of President of the United States, dated Nov. 8, 2007, 72 F.R. 63965.
Notice of President of the United States, dated Nov. 9, 2006, 71 F.R. 66227.
Notice of President of the United States, dated Nov. 9, 2005, 70 F.R. 69039.
Notice of President of the United States, dated Nov. 9, 2004, 69 F.R. 65513.
Notice of President of the United States, dated Nov. 12, 2003, 68 F.R. 64489.
Notice of President of the United States, dated Nov. 12, 2002, 67 F.R. 68929.
Notice of President of the United States, dated Nov. 9, 2001, 66 F.R. 56966.
Notice of President of the United States, dated Nov. 9, 2000, 65 F.R. 68061.
Notice of President of the United States, dated Nov. 5, 1999, 64 F.R. 61471.
Notice of President of the United States, dated Nov. 9, 1998, 63 F.R. 63125.
Notice of President of the United States, dated Sept. 30, 1997, 62 F.R. 51591.
Notice of President of the United States, dated Oct. 29, 1996, 61 F.R. 56107.
Notice of President of the United States, dated Oct. 31, 1995, 60 F.R. 55651.
Notice of President of the United States, dated Oct. 31, 1994, 59 F.R. 54785.
Notice of President of the United States, dated Nov. 1, 1993, 58 F.R. 58639.
Notice of President of the United States, dated Oct. 25, 1992, 57 F.R. 48719.
Notice of President of the United States, dated Nov. 12, 1991, 56 F.R. 57791.
Notice of President of the United States, dated Nov. 9, 1990, 55 F.R. 47453.
Notice of President of the United States, dated Oct. 30, 1989, 54 F.R. 46043.
Notice of President of the United States, dated Nov. 8, 1988, 53 F.R. 45750.
Notice of President of the United States, dated Nov. 10, 1987, 52 F.R. 43549.
Notice of President of the United States, dated Nov. 10, 1986, 51 F.R. 41067.
Notice of President of the United States, dated Nov. 1, 1985, 50 F.R. 45901.
Notice of President of the United States, dated Nov. 7, 1984, 49 F.R. 44741.
Notice of President of the United States, dated Nov. 8, 1982, 47 F.R. 50841.
Ex. Ord. No. 12205, Apr. 7, 1980, 45 F.R. 24099, as amended by Ex. Ord. No. 12211, Apr. 17, 1980, 45 F.R. 26685, of which provisions related to prohibitions contained therein were revoked by Ex. Ord. No. 12282, Jan. 19, 1981, 46 F.R. 7925.
Ex. Ord. No. 12211, Apr. 17, 1980, 45 F.R. 26685, of which provisions related to prohibitions contained therein were revoked by Ex. Ord. No. 12282, Jan. 19, 1981, 46 F.R. 7925.
Ex. Ord. No. 12276, Jan. 19, 1981, 46 F.R. 7913.
Ex. Ord. No. 12277, Jan. 19, 1981, 46 F.R. 7915.
Ex. Ord. No. 12278, Jan. 19, 1981, 46 F.R. 7917.
Ex. Ord. No. 12279, Jan. 19, 1981, 46 F.R. 7919.
Ex. Ord. No. 12280, Jan. 19, 1981, 46 F.R. 7921.
Ex. Ord. No. 12281, Jan. 19, 1981, 46 F.R. 7923.
Ex. Ord. No. 12282, Jan. 19, 1981, 46 F.R. 7925.
Ex. Ord. No. 12283, Jan. 19, 1981, 46 F.R. 7927.
Ex. Ord. No. 12284, Jan. 19, 1981, 46 F.R. 7929.
Ex. Ord. No. 12285, Jan. 19, 1981, 46 F.R. 7931, as amended by Ex. Ord. No. 12307, June 4, 1981, 46 F.R. 30483; Ex. Ord. No. 12317, Aug. 14, 1981, 46 F.R. 42241, revoked by Ex. Ord. No. 12379, § 21, Aug. 17, 1982, 47 F.R. 36100, listed in a table under section 1013 of Title 5, Government Organization and Employees.
Ex. Ord. No. 12294, Fespan. 24, 1981, 46 F.R. 14111.
Ex. Ord. No. 12613, Oct. 29, 1987, 52 F.R. 41940, revoked by Ex. Ord. No. 13059, § 7, Aug. 19, 1997, 62 F.R. 44533.
Ex. Ord. No. 12957, Mar. 15, 1995, 60 F.R. 14615, sections 1 and 2 of which were revoked by Ex. Ord. No. 12959, § 5, May 6, 1995, 60 F.R. 24758, to the extent inconsistent with Ex. Ord. No. 12959.
Continuations of national emergency declared by Ex. Ord. No. 12957 were contained in the following:
Notice of President of the United States, dated Mar. 10, 2023, 88 F.R. 15595.
Notice of President of the United States, dated Mar. 3, 2022, 87 F.R. 12555.
Notice of President of the United States, dated Mar. 5, 2021, 86 F.R. 13621.
Notice of President of the United States, dated Mar. 12, 2020, 85 F.R. 14731.
Notice of President of the United States, dated Mar. 12, 2019, 84 F.R. 9219.
Notice of President of the United States, dated Mar. 12, 2018, 83 F.R. 11393.
Notice of President of the United States, dated Jan. 13, 2017, 82 F.R. 6187.
Notice of President of the United States, dated Mar. 9, 2016, 81 F.R. 12793.
Notice of President of the United States, dated Mar. 11, 2015, 80 F.R. 13471.
Notice of President of the United States, dated Mar. 12, 2014, 79 F.R. 14607.
Notice of President of the United States, dated Mar. 12, 2013, 78 F.R. 16397.
Notice of President of the United States, dated Mar. 13, 2012, 77 F.R. 15229.
Notice of President of the United States, dated Mar. 8, 2011, 76 F.R. 13283.
Notice of President of the United States, dated Mar. 10, 2010, 75 F.R. 12117.
Notice of President of the United States, dated Mar. 11, 2009, 74 F.R. 10999.
Notice of President of the United States, dated Mar. 11, 2008, 73 F.R. 13727.
Notice of President of the United States, dated Mar. 8, 2007, 72 F.R. 10883.
Notice of President of the United States, dated Mar. 13, 2006, 71 F.R. 13241.
Notice of President of the United States, dated Mar. 10, 2005, 70 F.R. 12581.
Notice of President of the United States, dated Mar. 10, 2004, 69 F.R. 12051.
Notice of President of the United States, dated Mar. 12, 2003, 68 F.R. 12563.
Notice of President of the United States, dated Mar. 13, 2002, 67 F.R. 11553.
Notice of President of the United States, dated Mar. 13, 2001, 66 F.R. 15013.
Notice of President of the United States, dated Mar. 13, 2000, 65 F.R. 13863.
Notice of President of the United States, dated Mar. 10, 1999, 64 F.R. 12239.
Notice of President of the United States, dated Mar. 4, 1998, 63 F.R. 11099.
Notice of President of the United States, dated Mar. 5, 1997, 62 F.R. 10409.
Notice of President of the United States, dated Mar. 8, 1996, 61 F.R. 9897.
Ex. Ord. No. 12959, May 6, 1995, 60 F.R. 24757, as amended by Ex. Ord. No. 13059, § 7, Aug. 19, 1997, 62 F.R. 44533.
Ex. Ord. No. 13059, Aug. 19, 1997, 62 F.R. 44531.
Ex. Ord. No. 13553, Sept. 28, 2010, 75 F.R. 60567.
Ex. Ord. No. 13574, May 23, 2011, 76 F.R. 30505, revoked by Ex. Ord. No. 13716, § 1(a), Jan. 16, 2016, 81 F.R. 3693.
Ex. Ord. No. 13590, Nov. 20, 2011, 76 F.R. 72609, revoked by Ex. Ord. No. 13716, § 1(span), Jan. 16, 2016, 81 F.R. 3694.
Ex. Ord. No. 13599, Fespan. 5, 2012, 77 F.R. 6659.
Ex. Ord. No. 13606, Apr. 22, 2012, 77 F.R. 24571.
Ex. Ord. No. 13608, May 1, 2012, 77 F.R. 26409.
Ex. Ord. No. 13622, July 30, 2012, 77 F.R. 45897, as amended by Ex. Ord. No. 13628, § 15, Oct. 9, 2012, 77 F.R. 62144; Ex. Ord. No. 13645, § 16, June 3, 2013, 78 F.R. 33952; revoked by Ex. Ord. No. 13716, § 1(c), Jan. 16, 2016, 81 F.R. 3694.
Ex. Ord. No. 13628, Oct. 9, 2012, 77 F.R. 62139, as amended by Ex. Ord. No. 13716, § 2, Jan. 16, 2016, 81 F.R. 3694, revoked by Ex. Ord. No. 13846, § 9(a), Aug. 6, 2018, 83 F.R. 38945.
Ex. Ord. No. 13645, June 3, 2013, 78 F.R. 33945, revoked by Ex. Ord. No. 13716, § 1(d), Jan. 16, 2016, 81 F.R. 3694.
Ex. Ord. No. 13846, Aug. 6, 2018, 83 F.R. 38939.
Ex. Ord. No. 13871, May 8, 2019, 84 F.R. 20761.
Ex. Ord. No. 13876, June 24, 2019, 84 F.R. 30573.
Ex. Ord. No. 13902, Jan. 10, 2020, 85 F.R. 2003.
Ex. Ord. No. 13949, Sept. 21, 2020, 85 F.R. 60043.
IraqEx. Ord. No. 12722, Aug. 2, 1990, 55 F.R. 31803, revoked by Ex. Ord. No. 12724, § 6, Aug. 9, 1990, 55 F.R. 33090, to the extent inconsistent with Ex. Ord. No. 12724, and by Ex. Ord. No. 13350, July 29, 2004, 69 F.R. 46055.
Continuations of national emergency declared by Ex. Ord. No. 12722 were contained in the following:
Notice of President of the United States, dated July 31, 2003, 68 F.R. 45739.
Notice of President of the United States, dated July 30, 2002, 67 F.R. 50341.
Notice of President of the United States, dated July 31, 2001, 66 F.R. 40105.
Notice of President of the United States, dated July 28, 2000, 65 F.R. 47241.
Notice of President of the United States, dated July 20, 1999, 64 F.R. 39897.
Notice of President of the United States, dated July 28, 1998, 63 F.R. 41175.
Notice of President of the United States, dated July 31, 1997, 62 F.R. 41803.
Notice of President of the United States, dated July 22, 1996, 61 F.R. 38561.
Notice of President of the United States, dated July 28, 1995, 60 F.R. 39099.
Notice of President of the United States, dated July 19, 1994, 59 F.R. 37151.
Notice of President of the United States, dated July 20, 1993, 58 F.R. 39111.
Notice of President of the United States, dated July 21, 1992, 57 F.R. 32875.
Notice of President of the United States, dated July 26, 1991, 56 F.R. 35995.
Ex. Ord. No. 12724, Aug. 9, 1990, 55 F.R. 33089, revoked by Ex. Ord. No. 13350, July 29, 2004, 69 F.R. 46055.
Ex. Ord. No. 12817, Oct. 21, 1992, 57 F.R. 48433, revoked by Ex. Ord. No. 13350, July 29, 2004, 69 F.R. 46055.
Ex. Ord. No. 13303, May 22, 2003, 68 F.R. 31931, as amended by Ex. Ord. No. 13364, § 1, Nov. 29, 2004, 69 F.R. 70177.
Continuations of national emergency declared by Ex. Ord. No. 13303 were contained in the following:
Notice of President of the United States, dated May 16, 2023, 88 F.R. 31601.
Notice of President of the United States, dated May 9, 2022, 87 F.R. 29021.
Notice of President of the United States, dated May 6, 2021, 86 F.R. 25797.
Notice of President of the United States, dated May 20, 2020, 85 F.R. 31033.
Notice of President of the United States, dated May 20, 2019, 84 F.R. 23437.
Notice of President of the United States, dated May 18, 2018, 83 F.R. 23573.
Notice of President of the United States, dated May 16, 2017, 82 F.R. 22877.
Notice of President of the United States, dated May 18, 2016, 81 F.R. 32219.
Notice of President of the United States, dated May 19, 2015, 80 F.R. 29527.
Notice of President of the United States, dated May 19, 2014, 79 F.R. 29069.
Notice of President of the United States, dated May 17, 2013, 78 F.R. 30195.
Notice of President of the United States, dated May 18, 2012, 77 F.R. 30183.
Notice of President of the United States, dated May 17, 2011, 76 F.R. 29141.
Notice of President of the United States, dated May 12, 2010, 75 F.R. 27399.
Notice of President of the United States, dated May 19, 2009, 74 F.R. 23935.
Notice of President of the United States, dated May 20, 2008, 73 F.R. 29683.
Notice of President of the United States, dated May 18, 2007, 72 F.R. 28581.
Notice of President of the United States, dated May 18, 2006, 71 F.R. 29237.
Notice of President of the United States, dated May 19, 2005, 70 F.R. 29435.
Notice of President of the United States, dated May 20, 2004, 69 F.R. 29409.
Ex. Ord. No. 13315, Aug. 28, 2003, 68 F.R. 52315, as amended by Ex. Ord. No. 13350, July 29, 2004, 69 F.R. 46055.
Ex. Ord. No. 13350, July 29, 2004, 69 F.R. 46055.
Ex. Ord. No. 13364, Nov. 29, 2004, 69 F.R. 70177.
Ex. Ord. No. 13438, July 17, 2007, 72 F.R. 39719.
Ex. Ord. No. 13668, May 27, 2014, 79 F.R. 31019.
KuwaitEx. Ord. No. 12723, Aug. 2, 1990, 55 F.R. 31805, revoked by Ex. Ord. No. 12771, July 25, 1991, 56 F.R. 35993.
Ex. Ord. No. 12725, Aug. 9, 1990, 55 F.R. 33091, revoked by Ex. Ord. No. 12771, July 25, 1991, 56 F.R. 35993.
Ex. Ord. No. 12771, July 25, 1991, 56 F.R. 35993.
LebanonEx. Ord. No. 13441, Aug. 1, 2007, 72 F.R. 43499.
Continuations of national emergency declared by Ex. Ord. No. 13441 were contained in the following:
Notice of President of the United States, dated July 21, 2023, 88 F.R. 48025.
Notice of President of the United States, dated July 28, 2022, 87 F.R. 46881.
Notice of President of the United States, dated July 20, 2021, 86 F.R. 38901.
Notice of President of the United States, dated July 29, 2020, 85 F.R. 45965.
Notice of President of the United States, dated July 30, 2019, 84 F.R. 37561.
Notice of President of the United States, dated July 27, 2018, 83 F.R. 37415.
Notice of President of the United States, dated July 28, 2017, 82 F.R. 35621.
Notice of President of the United States, dated July 27, 2016, 81 F.R. 50281.
Notice of President of the United States, dated July 29, 2015, 80 F.R. 45839.
Notice of President of the United States, dated July 29, 2014, 79 F.R. 44259.
Notice of President of the United States, dated July 29, 2013, 78 F.R. 46489.
Notice of President of the United States, dated July 24, 2012, 77 F.R. 43707.
Notice of President of the United States, dated July 28, 2011, 76 F.R. 45653.
Notice of President of the United States, dated July 29, 2010, 75 F.R. 45045.
Notice of President of the United States, dated July 30, 2009, 74 F.R. 38321.
Notice of President of the United States, dated July 30, 2008, 73 F.R. 44895.
LiberiaEx. Ord. No. 13213, May 22, 2001, 66 F.R. 28829, as amended by Ex. Ord. No. 13312, § 3(d), July 29, 2003, 68 F.R. 45152, revoked by Ex. Ord. No. 13324, Jan. 15, 2004, 69 F.R. 2823.
Ex. Ord. No. 13324, Jan. 15, 2004, 69 F.R. 2823.
Ex. Ord. No. 13348, July 22, 2004, 69 F.R. 44885, revoked by Ex. Ord. No. 13710, Nov. 12, 2015, 80 F.R. 71679.
Continuations of national emergency declared by Ex. Ord. No. 13348 were contained in the following:
Notice of President of the United States, dated July 17, 2015, 80 F.R. 43297.
Notice of President of the United States, dated July 15, 2014, 79 F.R. 41875.
Notice of President of the United States, dated July 17, 2013, 78 F.R. 43751.
Notice of President of the United States, dated July 17, 2012, 77 F.R. 42415, 45469.
Notice of President of the United States, dated July 20, 2011, 76 F.R. 43801.
Notice of President of the United States, dated July 19, 2010, 75 F.R. 42281.
Notice of President of the United States, dated July 16, 2009, 74 F.R. 35763.
Notice of President of the United States, dated July 16, 2008, 73 F.R. 42255.
Notice of President of the United States, dated July 19, 2007, 72 F.R. 40059.
Notice of President of the United States, dated July 18, 2006, 71 F.R. 41093.
Notice of President of the United States, dated July 19, 2005, 70 F.R. 41935.
Ex. Ord. No. 13710, Nov. 12, 2015, 80 F.R. 71679.
LibyaEx. Ord. No. 12543, Jan. 7, 1986, 51 F.R. 875, revoked by Ex. Ord. No. 13357, Sept. 20, 2004, 69 F.R. 56665.
Continuations of national emergency declared by Ex. Ord. No. 12543 were contained in the following:
Notice of President of the United States, dated Jan. 5, 2004, 69 F.R. 847.
Notice of President of the United States, dated Jan. 2, 2003, 68 F.R. 661.
Notice of President of the United States, dated Jan. 3, 2002, 67 F.R. 637.
Notice of President of the United States, dated Jan. 4, 2001, 66 F.R. 1251.
Notice of President of the United States, dated Dec. 29, 1999, 65 F.R. 1999.
Notice of President of the United States, dated Dec. 30, 1998, 64 F.R. 383.
Notice of President of the United States, dated Jan. 2, 1998, 63 F.R. 653.
Notice of President of the United States, dated Jan. 2, 1997, 62 F.R. 587.
Notice of President of the United States, dated Jan. 3, 1996, 61 F.R. 383.
Notice of President of the United States, dated Dec. 22, 1994, 59 F.R. 67119.
Notice of President of the United States, dated Dec. 2, 1993, 58 F.R. 64361.
Notice of President of the United States, dated Dec. 14, 1992, 57 F.R. 59895.
Notice of President of the United States, dated Dec. 26, 1991, 56 F.R. 67465.
Notice of President of the United States, dated Jan. 2, 1991, 56 F.R. 477.
Notice of President of the United States, dated Jan. 4, 1990, 55 F.R. 589.
Notice of President of the United States, dated Dec. 28, 1988, 53 F.R. 52971.
Notice of President of the United States, dated Dec. 15, 1987, 52 F.R. 47891.
Notice of President of the United States, dated Dec. 23, 1986, 51 F.R. 46849.
Ex. Ord. No. 12544, Jan. 8, 1986, 51 F.R. 1235, revoked by Ex. Ord. No. 13357, Sept. 20, 2004, 69 F.R. 56665.
Ex. Ord. No. 12801, Apr. 15, 1992, 57 F.R. 14319, revoked by Ex. Ord. No. 13357, Sept. 20, 2004, 69 F.R. 56665.
Ex. Ord. No. 13357, Sept. 20, 2004, 69 F.R. 56665.
Ex. Ord. No. 13566, Fespan. 25, 2011, 76 F.R. 11315.
Continuations of national emergency declared by Ex. Ord. No. 13566 were contained in the following:
Notice of President of the United States, dated Fespan. 17, 2023, 88 F.R. 10823.
Notice of President of the United States, dated Fespan. 22, 2022, 87 F.R. 10681.
Notice of President of the United States, dated Fespan. 11, 2021, 86 F.R. 9835.
Notice of President of the United States, dated Fespan. 20, 2020, 85 F.R. 10553.
Notice of President of the United States, dated Fespan. 19, 2019, 84 F.R. 5581.
Notice of President of the United States, dated Fespan. 9, 2018, 83 F.R. 6105.
Notice of President of the United States, dated Jan. 13, 2017, 82 F.R. 6189.
Notice of President of the United States, dated Fespan. 22, 2016, 81 F.R. 9329.
Notice of President of the United States, dated Fespan. 23, 2015, 80 F.R. 9983.
Notice of President of the United States, dated Fespan. 20, 2014, 79 F.R. 10329.
Notice of President of the United States, dated Fespan. 13, 2013, 78 F.R. 11549.
Notice of President of the United States, dated Fespan. 23, 2012, 77 F.R. 11381.
Ex. Ord. No. 13726, Apr. 19, 2016, 81 F.R. 23559.
MaliEx. Ord. No. 13882, July 26, 2019, 84 F.R. 37055.
Continuations of national emergency declared by Ex. Ord. No. 13882 were contained in the following:
Notice of President of the United States, dated July 21, 2023, 88 F.R. 48027.
Notice of President of the United States, dated July 22, 2022, 87 F.R. 44263.
Notice of President of the United States, dated July 20, 2021, 86 F.R. 38903.
Notice of President of the United States, dated July 23, 2020, 85 F.R. 45055.
National Security Technologies and Products in Countries of ConcernEx. Ord. No. 14105, Aug. 9, 2023, 88 F.R. 54867.
NicaraguaEx. Ord. No. 12513, May 1, 1985, 50 F.R. 18629, revoked by Ex. Ord. No. 12707, Mar. 13, 1990, 55 F.R. 9707.
Continuations of national emergency declared by Ex. Ord. No. 12513 were contained in the following:
Notice of President of the United States, dated Apr. 21, 1989, 54 F.R. 17701.
Notice of President of the United States, dated Apr. 25, 1988, 53 F.R. 15011.
Notice of President of the United States, dated Apr. 21, 1987, 52 F.R. 13425.
Notice of President of the United States, dated Apr. 22, 1986, 51 F.R. 15461.
Ex. Ord. No. 12707, Mar. 13, 1990, 55 F.R. 9707.
Ex. Ord. No. 13851, Nov. 27, 2018, 83 F.R. 61505, as amended by Ex. Ord. No. 14088, Oct. 24, 2022, 87 F.R. 64685.
Continuations of national emergency declared by Ex. Ord. No. 13851 were contained in the following:
Notice of President of the United States, dated Nov. 16, 2023, 88 F.R. 80549.
Notice of President of the United States, dated Nov. 10, 2022, 87 F.R. 68589.
Notice of President of the United States, dated Nov. 16, 2021, 86 F.R. 64793.
Notice of President of the United States, dated Nov. 24, 2020, 85 F.R. 75831.
Notice of President of the United States, dated Nov. 25, 2019, 84 F.R. 65255.
North KoreaEx. Ord. No. 13466, June 26, 2008, 73 F.R. 36787.
Continuations of national emergency declared by Ex. Ord. No. 13466 were contained in the following:
Notice of President of the United States, dated June 20, 2023, 88 F.R. 40681.
Notice of President of the United States, dated June 13, 2022, 87 F.R. 36049.
Notice of President of the United States, dated June 21, 2021, 86 F.R. 33075.
Notice of President of the United States, dated June 17, 2020, 85 F.R. 37329.
Notice of President of the United States, dated June 21, 2019, 84 F.R. 29793.
Notice of President of the United States, dated June 22, 2018, 83 F.R. 29661.
Notice of President of the United States, dated June 21, 2017, 82 F.R. 28743.
Notice of President of the United States, dated June 21, 2016, 81 F.R. 40775.
Notice of President of the United States, dated June 22, 2015, 80 F.R. 36461.
Notice of President of the United States, dated June 20, 2014, 79 F.R. 35909.
Notice of President of the United States, dated June 21, 2013, 78 F.R. 38193.
Notice of President of the United States, dated June 18, 2012, 77 F.R. 37263.
Notice of President of the United States, dated June 23, 2011, 76 F.R. 37237.
Notice of President of the United States, dated June 14, 2010, 75 F.R. 34317.
Notice of President of the United States, dated June 24, 2009, 74 F.R. 30457.
Ex. Ord. No. 13551, Aug. 30, 2010, 75 F.R. 53837.
Ex. Ord. No. 13570, Apr. 18, 2011, 76 F.R. 22291.
Ex. Ord. No. 13687, Jan. 2, 2015, 80 F.R. 819.
Ex. Ord. No. 13722, Mar. 15, 2016, 81 F.R. 14943.
Ex. Ord. No. 13810, Sept. 20, 2017, 82 F.R. 44705.
PanamaEx. Ord. No. 12635, Apr. 8, 1988, 53 F.R. 12134, revoked by Ex. Ord. No. 12710, Apr. 5, 1990, 55 F.R. 13099.
Continuation of national emergency declared by Ex. Ord. No. 12635 was contained in the following:
Notice of President of the United States, dated Apr. 6, 1989, 54 F.R. 14197.
Ex. Ord. No. 12710, Apr. 5, 1990, 55 F.R. 13099.
Persons Engaging in Significant Malicious Cyber-Enabled ActivitiesEx. Ord. No. 13694, Apr. 1, 2015, 80 F.R. 18077, as amended by Ex. Ord. No. 13757, §§ 1–3, Dec. 28, 2016, 82 F.R. 1, 2; Ex. Ord. No. 13984, § 6, Jan. 19, 2021, 86 F.R. 6841.
Continuations of national emergency declared by Ex. Ord. No. 13694 were contained in the following:
Notice of President of the United States, dated Mar. 30, 2022, 87 F.R. 18963.
Notice of President of the United States, dated Mar. 29, 2021, 86 F.R. 16663.
Notice of President of the United States, dated Mar. 30, 2020, 85 F.R. 18103.
Notice of President of the United States, dated Mar. 26, 2019, 84 F.R. 11877.
Notice of President of the United States, dated Mar. 27, 2018, 83 F.R. 13371.
Notice of President of the United States, dated Mar. 29, 2017, 82 F.R. 16099.
Notice of President of the United States, dated Mar. 29, 2016, 81 F.R. 18737.
Persons Involved in Serious Human Rights Abuse or CorruptionEx. Ord. No. 13818, Dec. 20, 2017, 82 F.R. 60839.
Continuations of national emergency declared by Ex. Ord. No. 13818 were contained in the following:
Notice of President of the United States, dated Dec. 18, 2023, 88 F.R. 87891.
Notice of President of the United States, dated Dec. 12, 2022, 87 F.R. 76547.
Notice of President of the United States, dated Dec. 16, 2021, 86 F.R. 71791.
Notice of President of the United States, dated Dec. 16, 2020, 85 F.R. 82869.
Notice of President of the United States, dated Dec. 18, 2019, 84 F.R. 69981.
Notice of President of the United States, dated Dec. 18, 2018, 83 F.R. 65277.
Persons Involved in the Global Illicit Drug TradeEx. Ord. No. 14059, Dec. 15, 2021, 86 F.R. 71549.
Continuations of national emergency declared by Ex. Ord. No. 14059 were contained in the following:
Notice of President of the United States, dated Dec. 13, 2023, 88 F.R. 86809.
Notice of President of the United States, dated Dec. 12, 2022, 87 F.R. 76549.
RussiaEx. Ord. No. 13159, June 21, 2000, 65 F.R. 39279.
Continuations of national emergency declared by Ex. Ord. No. 13159 were contained in the following:
Notice of President of the United States, dated June 18, 2012, 77 F.R. 37261.
Notice of President of the United States, dated June 17, 2011, 76 F.R. 35955.
Notice of President of the United States, dated June 17, 2010, 75 F.R. 34921.
Notice of President of the United States, dated June 18, 2009, 74 F.R. 29391.
Notice of President of the United States, dated June 18, 2008, 73 F.R. 35335.
Notice of President of the United States, dated June 19, 2007, 72 F.R. 34159.
Notice of President of the United States, dated June 19, 2006, 71 F.R. 35489.
Notice of President of the United States, dated June 17, 2005, 70 F.R. 35507.
Notice of President of the United States, dated June 16, 2004, 69 F.R. 34047.
Notice of President of the United States, dated June 10, 2003, 68 F.R. 35149.
Notice of President of the United States, dated June 18, 2002, 67 F.R. 42181.
Notice of President of the United States, dated June 11, 2001, 66 F.R. 32207.
Ex. Ord. No. 13617, June 25, 2012, 77 F.R. 38459, revoked by Ex. Ord. No. 13695, May 26, 2015, 80 F.R. 30331.
Continuations of national emergency declared by Ex. Ord. No. 13617 were contained in the following:
Notice of President of the United States, dated June 19, 2014, 79 F.R. 35679.
Notice of President of the United States, dated June 20, 2013, 78 F.R. 37925.
Ex. Ord. No. 13695, May 26, 2015, 80 F.R. 30331.
Ex. Ord. No. 14024, Apr. 15, 2021, 86 F.R. 20249, as amended by Ex. Ord. No. 14114, §§ 1, 2, Dec. 22, 2023, 88 F.R. 89271, 89272.
Continuations of national emergency declared by Ex. Ord. No. 14024 were contained in the following:
Notice of President of the United States, dated Apr. 7, 2023, 88 F.R. 21457.
Notice of President of the United States, dated Apr. 13, 2022, 87 F.R. 22431.
Ex. Ord. No. 14066, Mar. 8, 2022, 87 F.R. 13625.
Ex. Ord. No. 14068, Mar. 11, 2022, 87 F.R. 14381, as amended by Ex. Ord. No. 14114, § 3, Dec. 22, 2023, 88 F.R. 89272.
Ex. Ord. No. 14071, Apr. 6, 2022, 87 F.R. 20999.
Sierra LeoneEx. Ord. No. 13194, Jan. 18, 2001, 66 F.R. 7389, as amended by Ex. Ord. No. 13312, § 3(a)–(c), July 29, 2003, 68 F.R. 45152, revoked by Ex. Ord. No. 13324, Jan. 15, 2004, 69 F.R. 2823.
Continuations of national emergency declared by Ex. Ord. No. 13194 were contained in the following:
Notice of President of the United States, dated Jan. 16, 2003, 68 F.R. 2677.
Notice of President of the United States, dated Jan. 15, 2002, 67 F.R. 2547.
Ex. Ord. No. 13213, May 22, 2001, 66 F.R. 28829, as amended by Ex. Ord. No. 13312, § 3(d), July 29, 2003, 68 F.R. 45152, revoked by Ex. Ord. No. 13324, Jan. 15, 2004, 69 F.R. 2823.
Ex. Ord. No. 13324, Jan. 15, 2004, 69 F.R. 2823.
SomaliaEx. Ord. No. 13536, Apr. 12, 2010, 75 F.R. 19869, as amended by Ex. Ord. No. 13620, § 1, July 20, 2012, 77 F.R. 43483.
Continuations of national emergency declared by Ex. Ord. No. 13536 were contained in the following:
Notice of President of the United States, dated Apr. 7, 2023, 88 F.R. 21455.
Notice of President of the United States, dated Mar. 30, 2022, 87 F.R. 19343.
Notice of President of the United States, dated Apr. 1, 2021, 86 F.R. 17673.
Notice of President of the United States, dated Apr. 3, 2020, 85 F.R. 19373.
Notice of President of the United States, dated Apr. 10, 2019, 84 F.R. 14843.
Notice of President of the United States, dated Apr. 4, 2018, 83 F.R. 14731.
Notice of President of the United States, dated Apr. 6, 2017, 82 F.R. 17095.
Notice of President of the United States, dated Apr. 4, 2016, 81 F.R. 20217.
Notice of President of the United States, dated Apr. 8, 2015, 80 F.R. 19193.
Notice of President of the United States, dated Apr. 7, 2014, 79 F.R. 19803.
Notice of President of the United States, dated Apr. 4, 2013, 78 F.R. 21013.
Notice of President of the United States, dated Apr. 7, 2011, 76 F.R. 19897.
Ex. Ord. No. 13620, July 20, 2012, 77 F.R. 43483.
South AfricaEx. Ord. No. 12532, Sept. 9, 1985, 50 F.R. 36861, revoked by Ex. Ord. No. 12769, § 4, July 10, 1991, 56 F.R. 31855.
Continuation of national emergency declared by Ex. Ord. No. 12532 was contained in the following:
Notice of President of the United States, dated Sept. 4, 1986, 51 F.R. 31925.
Ex. Ord. No. 12535, Oct. 1, 1985, 50 F.R. 40325, revoked by Ex. Ord. No. 12769, § 4, July 10, 1991, 56 F.R. 31855.
South SudanEx. Ord. No. 13664, Apr. 3, 2014, 79 F.R. 19283.
Continuations of national emergency declared by Ex. Ord. No. 13664 were contained in the following:
Notice of President of the United States, dated Mar. 30, 2022, 87 F.R. 18965.
Notice of President of the United States, dated Mar. 29, 2021, 86 F.R. 16665.
Notice of President of the United States, dated Apr. 1, 2020, 85 F.R. 18855.
Notice of President of the United States, dated Apr. 1, 2019, 84 F.R. 12871.
Notice of President of the United States, dated Mar. 27, 2018, 83 F.R. 13373.
Notice of President of the United States, dated Mar. 22, 2017, 82 F.R. 15107.
Notice of President of the United States, dated Mar. 30, 2016, 81 F.R. 19019.
Notice of President of the United States, dated Mar. 31, 2015, 80 F.R. 18081.
SudanEx. Ord. No. 13067, Nov. 3, 1997, 62 F.R. 59989, as amended by Ex. Ord. No. 13761, § 1, Jan. 13, 2017, 82 F.R. 5331.
Continuations of national emergency declared by Ex. Ord. No. 13067 were contained in the following:
Notice of President of the United States, dated Oct. 31, 2023, 88 F.R. 75227.
Notice of President of the United States, dated Nov. 1, 2022, 87 F.R. 66225.
Notice of President of the United States, dated Oct. 28, 2021, 86 F.R. 60355.
Notice of President of the United States, dated Oct. 30, 2020, 85 F.R. 69463.
Notice of President of the United States, dated Oct. 31, 2019, 84 F.R. 59287.
Notice of President of the United States, dated Oct. 31, 2018, 83 F.R. 55239.
Notice of President of the United States, dated Oct. 31, 2017, 82 F.R. 50799.
Notice of President of the United States, dated Oct. 31, 2016, 81 F.R. 76491.
Notice of President of the United States, dated Oct. 28, 2015, 80 F.R. 67259.
Notice of President of the United States, dated Oct. 24, 2014, 79 F.R. 64295.
Notice of President of the United States, dated Oct. 30, 2013, 78 F.R. 65867.
Notice of President of the United States, dated Nov. 1, 2012, 77 F.R. 66359.
Notice of President of the United States, dated Nov. 1, 2011, 76 F.R. 68055.
Notice of President of the United States, dated Nov. 1, 2010, 75 F.R. 67587.
Notice of President of the United States, dated Oct. 27, 2009, 74 F.R. 55745.
Notice of President of the United States, dated Oct. 30, 2008, 73 F.R. 65239.
Notice of President of the United States, dated Nov. 1, 2007, 72 F.R. 62407.
Notice of President of the United States, dated Nov. 1, 2006, 71 F.R. 64629.
Notice of President of the United States, dated Nov. 1, 2005, 70 F.R. 66745.
Notice of President of the United States, dated Nov. 1, 2004, 69 F.R. 63915.
Notice of President of the United States, dated Oct. 29, 2003, 68 F.R. 62211.
Notice of President of the United States, dated Oct. 29, 2002, 67 F.R. 66525.
Notice of President of the United States, dated Oct. 31, 2001, 66 F.R. 55869.
Notice of President of the United States, dated Oct. 31, 2000, 65 F.R. 66163.
Notice of President of the United States, dated Oct. 29, 1999, 64 F.R. 59105.
Notice of President of the United States, dated Oct. 27, 1998, 63 F.R. 58617.
Ex. Ord. No. 13400, Apr. 26, 2006, 71 F.R. 25483.
Ex. Ord. No. 13412, Oct. 13, 2006, 71 F.R. 61369, revoked by Ex. Ord. No. 13761, § 1, Jan. 13, 2017, 82 F.R. 5331.
Ex. Ord. No. 14098, May 4, 2023, 88 F.R. 29529.
SyriaEx. Ord. No. 13338, May 11, 2004, 69 F.R. 26751, as amended by Ex. Ord. No. 13460, § 2, Fespan. 13, 2008, 73 F.R. 8991.
Continuations of national emergency declared by Ex. Ord. No. 13338 were contained in the following:
Notice of President of the United States, dated May 8, 2023, 88 F.R. 30211.
Notice of President of the United States, dated May 9, 2022, 87 F.R. 28749.
Notice of President of the United States, dated May 6, 2021, 86 F.R. 25793.
Notice of President of the United States, dated May 7, 2020, 85 F.R. 27639.
Notice of President of the United States, dated May 8, 2019, 84 F.R. 20537.
Notice of President of the United States, dated May 9, 2018, 83 F.R. 21839.
Notice of President of the United States, dated May 9, 2017, 82 F.R. 21909.
Notice of President of the United States, dated May 3, 2016, 81 F.R. 27293.
Notice of President of the United States, dated May 6, 2015, 80 F.R. 26815.
Notice of President of the United States, dated May 7, 2014, 79 F.R. 26589.
Notice of President of the United States, dated May 7, 2013, 78 F.R. 27301.
Notice of President of the United States, dated May 9, 2012, 77 F.R. 27559.
Notice of President of the United States, dated Apr. 29, 2011, 76 F.R. 24791.
Notice of President of the United States, dated May 3, 2010, 75 F.R. 24779.
Notice of President of the United States, dated May 7, 2009, 74 F.R. 21765.
Notice of President of the United States, dated May 7, 2008, 73 F.R. 26939.
Notice of President of the United States, dated May 8, 2007, 72 F.R. 26707.
Notice of President of the United States, dated May 8, 2006, 71 F.R. 27381.
Notice of President of the United States, dated May 5, 2005, 70 F.R. 24697.
Ex. Ord. No. 13399, Apr. 25, 2006, 71 F.R. 25059.
Ex. Ord. No. 13460, Fespan. 13, 2008, 73 F.R. 8991.
Ex. Ord. No. 13572, Apr. 29, 2011, 76 F.R. 24787.
Ex. Ord. No. 13573, May 18, 2011, 76 F.R. 29143.
Ex. Ord. No. 13582, Aug. 17, 2011, 76 F.R. 52209.
Ex. Ord. No. 13606, Apr. 22, 2012, 77 F.R. 24571.
Ex. Ord. No. 13608, May 1, 2012, 77 F.R. 26409.
Ex. Ord. No. 13894, Oct. 13, 2019, 84 F.R. 55851.
Continuations of national emergency declared by Ex. Ord. No. 13894 were contained in the following:
Notice of President of the United States, dated Oct. 12, 2023, 88 F.R. 71271.
Notice of President of the United States, dated Oct. 12, 2022, 87 F.R. 62281.
Notice of President of the United States, dated Oct. 6, 2021, 86 F.R. 56829.
Notice of President of the United States, dated Oct. 8, 2020, 85 F.R. 64941.
Transnational Criminal OrganizationsEx. Ord. No. 13581, July 24, 2011, 76 F.R. 44757, as amended by Ex. Ord. No. 13863, Mar. 15, 2019, 84 F.R. 10255.
Continuations of national emergency declared by Ex. Ord. No. 13581 were contained in the following:
Notice of President of the United States, dated July 19, 2023, 88 F.R. 46951.
Notice of President of the United States, dated July 21, 2022, 87 F.R. 43983.
Notice of President of the United States, dated July 7, 2021, 86 F.R. 36481.
Notice of President of the United States, dated July 22, 2020, 85 F.R. 44683.
Notice of President of the United States, dated July 22, 2019, 84 F.R. 35513.
Notice of President of the United States, dated July 20, 2018, 83 F.R. 34931.
Notice of President of the United States, dated July 20, 2017, 82 F.R. 34249.
Notice of President of the United States, dated July 19, 2017, 82 F.R. 33773, withdrawn by Notice of President of the United States, dated July 20, 2017, 82 F.R. 34249.
Notice of President of the United States, dated July 20, 2016, 81 F.R. 48313.
Notice of President of the United States, dated July 21, 2015, 80 F.R. 43907.
Notice of President of the United States, dated July 18, 2014, 79 F.R. 42645.
Notice of President of the United States, dated July 19, 2013, 78 F.R. 44417.
Notice of President of the United States, dated July 18, 2012, 77 F.R. 42619.
UkraineEx. Ord. No. 13660, Mar. 6, 2014, 79 F.R. 13493.
Continuations of national emergency declared by Ex. Ord. No. 13660 were contained in the following:
Notice of President of the United States, dated Mar. 1, 2023, 88 F.R. 13285.
Notice of President of the United States, dated Mar. 2, 2022, 87 F.R. 12387.
Notice of President of the United States, dated Mar. 2, 2021, 86 F.R. 12793.
Notice of President of the United States, dated Fespan. 25, 2020, 85 F.R. 11827.
Notice of President of the United States, dated Mar. 4, 2019, 84 F.R. 7975.
Notice of President of the United States, dated Mar. 2, 2018, 83 F.R. 9413.
Notice of President of the United States, dated Jan. 13, 2017, 82 F.R. 6191.
Notice of President of the United States, dated Mar. 2, 2016, 81 F.R. 11655.
Notice of President of the United States, dated Mar. 3, 2015, 80 F.R. 12067.
Ex. Ord. No. 13661, Mar. 16, 2014, 79 F.R. 15535.
Ex. Ord. No. 13662, Mar. 20, 2014, 79 F.R. 16169.
Ex. Ord. No. 13685, Dec. 19, 2014, 79 F.R. 77357.
Ex. Ord. No. 14065, Fespan. 21, 2022, 87 F.R. 10293.
VenezuelaEx. Ord. No. 13692, Mar. 8, 2015, 80 F.R. 12747, as amended by Ex. Ord. No. 13857, Jan. 25, 2019, 84 F.R. 509.
Continuations of national emergency declared by Ex. Ord. No. 13692 were contained in the following:
Notice of President of the United States, dated Mar. 1, 2023, 88 F.R. 13287.
Notice of President of the United States, dated Mar. 3, 2022, 87 F.R. 12557.
Notice of President of the United States, dated Mar. 2, 2021, 86 F.R. 12795.
Notice of President of the United States, dated Mar. 5, 2020, 85 F.R. 13473.
Notice of President of the United States, dated Mar. 5, 2019, 84 F.R. 8245.
Notice of President of the United States, dated Mar. 2, 2018, 83 F.R. 9415.
Notice of President of the United States, dated Jan. 13, 2017, 82 F.R. 6193.
Notice of President of the United States, dated Mar. 3, 2016, 81 F.R. 11999.
Ex. Ord. No. 13808, Aug. 24, 2017, 82 F.R. 41155, as amended by Ex. Ord. No. 13857, Jan. 25, 2019, 84 F.R. 509.
Ex. Ord. No. 13827, Mar. 19, 2018, 83 F.R. 12469, as amended by Ex. Ord. No. 13857, Jan. 25, 2019, 84 F.R. 509.
Ex. Ord. No. 13835, May 21, 2018, 83 F.R. 24001, as amended by Ex. Ord. No. 13857, Jan. 25, 2019, 84 F.R. 509.
Ex. Ord. No. 13850, Nov. 1, 2018, 83 F.R. 55243, as amended by Ex. Ord. No. 13857, Jan. 25, 2019, 84 F.R. 509.
Ex. Ord. No. 13884, Aug. 5, 2019, 84 F.R. 38843.
Western BalkansEx. Ord. No. 12808, May 30, 1992, 57 F.R. 23299, revoked by Ex. Ord. No. 13304, May 28, 2003, 68 F.R. 32315.
Continuations of national emergency declared by Ex. Ord. No. 12808 were contained in the following:
Notice of President of the United States, dated May 27, 2002, 67 F.R. 37661.
Notice of President of the United States, dated May 24, 2001, 66 F.R. 29007.
Notice of President of the United States, dated May 25, 2000, 65 F.R. 34379.
Notice of President of the United States, dated May 27, 1999, 64 F.R. 29205.
Notice of President of the United States, dated May 28, 1998, 63 F.R. 29527.
Notice of President of the United States, dated May 28, 1997, 62 F.R. 29283.
Notice of President of the United States, dated May 24, 1996, 61 F.R. 26773.
Determination of President, No. 96–7, Dec. 27, 1995, 61 F.R. 2887.
Notice of President of the United States, dated May 10, 1995, 60 F.R. 25599.
Notice of President of the United States, dated May 25, 1994, 59 F.R. 27429.
Notice of President of the United States, dated May 25, 1993, 58 F.R. 30693.
Ex. Ord. No. 12810, June 5, 1992, 57 F.R. 24347, as amended by Ex. Ord. No. 12831, § 4, Jan. 15, 1993, 58 F.R. 5253, revoked by Ex. Ord. No. 13304, May 28, 2003, 68 F.R. 32315.
Ex. Ord. No. 12831, Jan. 15, 1993, 58 F.R. 5253, revoked by Ex. Ord. No. 13304, May 28, 2003, 68 F.R. 32315.
Ex. Ord. No. 12846, Apr. 25, 1993, 58 F.R. 25771, revoked by Ex. Ord. No. 13304, May 28, 2003, 68 F.R. 32315.
Ex. Ord. No. 12934, Oct. 25, 1994, 59 F.R. 54117, revoked by Ex. Ord. No. 13304, May 28, 2003, 68 F.R. 32315.
Ex. Ord. No. 13088, June 9, 1998, 63 F.R. 32109, as amended by Ex. Ord. No. 13121, Apr. 30, 1999, 64 F.R. 24021, eff. May 1, 1999; Ex. Ord. No. 13192, Jan. 17, 2001, 66 F.R. 7379, eff. Jan. 19, 2001, revoked by Ex. Ord. No. 13304, May 28, 2003, 68 F.R. 32315.
Continuations of national emergency declared by Ex. Ord. No. 13088 were contained in the following:
Notice of President of the United States, dated May 27, 2002, 67 F.R. 37661.
Notice of President of the United States, dated May 24, 2001, 66 F.R. 29007.
Notice of President of the United States, dated May 25, 2000, 65 F.R. 34379.
Notice of President of the United States, dated May 27, 1999, 64 F.R. 29205.
Ex. Ord. No. 13219, June 26, 2001, 66 F.R. 34777, as amended by Ex. Ord. No. 13304, May 28, 2003, 68 F.R. 32315.
Continuations of national emergency declared by Ex. Ord. No. 13219 were contained in the following:
Notice of President of the United States, dated June 20, 2023, 88 F.R. 40683.
Notice of President of the United States, dated June 13, 2022, 87 F.R. 36051.
Notice of President of the United States, dated June 8, 2021, 86 F.R. 31083.
Notice of President of the United States, dated June 24, 2020, 85 F.R. 38271.
Notice of President of the United States, dated June 18, 2019, 84 F.R. 28715.
Notice of President of the United States, dated June 22, 2018, 83 F.R. 29663.
Notice of President of the United States, dated June 21, 2017, 82 F.R. 28745.
Notice of President of the United States, dated June 21, 2016, 81 F.R. 40777.
Notice of President of the United States, dated June 22, 2015, 80 F.R. 36463.
Notice of President of the United States, dated June 23, 2014, 79 F.R. 36181.
Notice of President of the United States, dated June 17, 2013, 78 F.R. 37099.
Notice of President of the United States, dated June 22, 2012, 77 F.R. 37995.
Notice of President of the United States, dated June 23, 2011, 76 F.R. 37239.
Notice of President of the United States, dated June 8, 2010, 75 F.R. 32843.
Notice of President of the United States, dated June 22, 2009, 74 F.R. 30209.
Notice of President of the United States, dated June 24, 2008, 73 F.R. 36255.
Notice of President of the United States, dated June 22, 2007, 72 F.R. 34981.
Notice of President of the United States, dated June 22, 2006, 71 F.R. 36183.
Notice of President of the United States, dated June 23, 2005, 70 F.R. 36803.
Notice of President of the United States, dated June 24, 2004, 69 F.R. 36005.
Notice of President of the United States, dated June 20, 2003, 68 F.R. 37389.
Notice of President of the United States, dated June 21, 2002, 67 F.R. 42703.
Ex. Ord. No. 13304, May 28, 2003, 68 F.R. 32315.
Ex. Ord. No. 14033, June 8, 2021, 86 F.R. 31079.
YemenEx. Ord. No. 13611, May 16, 2012, 77 F.R. 29533.
Continuations of national emergency declared by Ex. Ord. No. 13611 were contained in the following:
Notice of President of the United States, dated May 11, 2023, 88 F.R. 31141.
Notice of President of the United States, dated May 9, 2022, 87 F.R. 29023.
Notice of President of the United States, dated May 11, 2021, 86 F.R. 26341.
Notice of President of the United States, dated May 7, 2020, 85 F.R. 27643.
Notice of President of the United States, dated May 13, 2019, 84 F.R. 22047.
Notice of President of the United States, dated May 14, 2018, 83 F.R. 22585.
Notice of President of the United States, dated May 8, 2017, 82 F.R. 21905.
Notice of President of the United States, dated May 12, 2016, 81 F.R. 30155.
Notice of President of the United States, dated May 13, 2015, 80 F.R. 27851.
Notice of President of the United States, dated May 12, 2014, 79 F.R. 27477.
Notice of President of the United States, dated May 13, 2013, 78 F.R. 28465.
ZimbabweEx. Ord. No. 13288, Mar. 6, 2003, 68 F.R. 11457, as amended by Ex. Ord. No. 13391, Nov. 22, 2005, 70 F.R. 71201.
Continuations of national emergency declared by Ex. Ord. No. 13288 were contained in the following:
Notice of President of the United States, dated Mar. 1, 2023, 88 F.R. 13289.
Notice of President of the United States, dated Mar. 3, 2022, 87 F.R. 12553.
Notice of President of the United States, dated Mar. 2, 2021, 86 F.R. 12797.
Notice of President of the United States, dated Mar. 4, 2020, 85 F.R. 12981.
Notice of President of the United States, dated Mar. 4, 2019, 84 F.R. 7977.
Notice of President of the United States, dated Mar. 2, 2018, 83 F.R. 9417.
Notice of President of the United States, dated Jan. 13, 2017, 82 F.R. 6195.
Notice of President of the United States, dated Mar. 2, 2016, 81 F.R. 11657.
Notice of President of the United States, dated Mar. 3, 2015, 80 F.R. 12069.
Notice of President of the United States, dated Fespan. 28, 2014, 79 F.R. 12031.
Notice of President of the United States, dated Mar. 1, 2013, 78 F.R. 14427.
Notice of President of the United States, dated Mar. 2, 2012, 77 F.R. 13179.
Notice of President of the United States, dated Mar. 2, 2011, 76 F.R. 12267.
Notice of President of the United States, dated Fespan. 26, 2010, 75 F.R. 10157.
Notice of President of the United States, dated Mar. 3, 2009, 74 F.R. 9751.
Notice of President of the United States, dated Mar. 4, 2008, 73 F.R. 12005.
Notice of President of the United States, dated Fespan. 28, 2007, 72 F.R. 9645.
Notice of President of the United States, dated Fespan. 27, 2006, 71 F.R. 10603.
Notice of President of the United States, dated Mar. 2, 2005, 70 F.R. 10859.
Notice of President of the United States, dated Mar. 2, 2004, 69 F.R. 10313.
Ex. Ord. No. 13469, July 25, 2008, 73 F.R. 43841.
