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22 U.S.C. § 8513bExpansion of, and reports on, mandatory sanctions with respect to financial institutions that engage in certain activities

submitted 14 years ago by Pub. L. 111-195 to r/title-22-FOREIGN-RELATIONS-AND-INTERCOURSE · 473 words · no verdicts yet

in plain englishAI-generated · not legal advice

Within 90 days of August 10, 2012, Treasury must extend its Iran sanctions rules further. The new rules cover foreign banks that help, attempt, or are owned by banks that assist banned activity. Treasury must also report to Congress every 180 days on how the rules affect Iran's economy.

(a) In general: Within 90 days of August 10, 2012, the Treasury Secretary must revise the regulations issued under section 8513(c)(1) so they apply to the foreign financial institutions described in subsection (b) the same way — and to the same extent — that they apply to a foreign bank the Secretary finds knowingly engaged in the sanctioned activities described in section 8513(c)(2). (b) Foreign financial institutions described: This covers a foreign bank — including an Iranian bank — that the Secretary finds (1) knowingly facilitates, participates in, or helps with a sanctioned activity under section 8513(c)(2), including by acting on someone's behalf, at their direction, as a go-between, or by otherwise assisting them; (2) attempts or conspires to do so; or (3) is owned or controlled by a foreign bank the Secretary finds knowingly does so. (c) Reports required: Starting 180 days after August 10, 2012, and every 180 days after that, the Treasury Secretary must send the relevant congressional committees a detailed report on (1) how the regulations under section 8513(c)(1) are affecting Iran's financial system, economy, and capital flows, and (2) how money moves in and out of the financial institutions covered by section 8513(c)(2)(E)(ii) — paying special attention to how other Iranian and foreign banks are used to receive and transfer that money. Each report is submitted unclassified but may include a classified annex. (d) Definitions: "Financial institution" means one of the listed categories in section 5312(a)(2) of title 31. "Foreign financial institution" is defined the way the Treasury Secretary defines it under section 8513(i). "Iranian financial institution" means a bank organized under Iranian law (including a foreign branch of one), a bank located in Iran, a bank anywhere that Iran's government owns or controls, or a bank anywhere owned or controlled by any of those.
the actual law source: uscode.house.gov ↗public domain
(a) In general

Not later than 90 days after August 10, 2012, the Secretary of the Treasury shall revise the regulations prescribed under section 8513(c)(1) of this title to apply to a foreign financial institution described in subsection (b) to the same extent and in the same manner as those regulations apply to a foreign financial institution that the Secretary of the Treasury finds knowingly engages in an activity described in section 8513(c)(2) of this title.

(b) Foreign financial institutions described

A foreign financial institution described in this subsection is a foreign financial institution, including an Iranian financial institution, that the Secretary of the Treasury finds—

(1)

knowingly facilitates, or participates or assists in, an activity described in section 8513(c)(2) of this title, including by acting on behalf of, at the direction of, or as an intermediary for, or otherwise assisting, another person with respect to the activity;

(2)

attempts or conspires to facilitate or participate in such an activity; or

(3)

is owned or controlled by a foreign financial institution that the Secretary finds knowingly engages in such an activity.

(c) Reports required
(1) In general

Not later than 180 days after August 10, 2012, and every 180 days thereafter, the Secretary of the Treasury shall submit to the appropriate congressional committees a report that contains a detailed description of—

(A)

the effect of the regulations prescribed under section 8513(c)(1) of this title on the financial system and economy of Iran and capital flows to and from Iran; and

(B)

the ways in which funds move into and out of financial institutions described in section 8513(c)(2)(E)(ii) of this title, with specific attention to the use of other Iranian financial institutions and other foreign financial institutions to receive and transfer funds for financial institutions described in that section.

(2) Form of report

Each report submitted under paragraph (1) shall be submitted in unclassified form but may contain a classified annex.

(d) Definitions

In this section:

(1) Financial institution

The term “financial institution” means a financial institution specified in subparagraph (A), (B), (C), (D), (E), (F), (G), (H), (I), (J), (K), (M), (N), (R), or (Z) of section 5312(a)(2) of title 31.

(2) Foreign financial institution

The term “foreign financial institution” has the meaning of that term as determined by the Secretary of the Treasury pursuant to section 8513(i) of this title.

(3) Iranian financial institution

The term “Iranian financial institution” means—

(A)

a financial institution organized under the laws of Iran or any jurisdiction within Iran, including a foreign branch of such an institution;

(B)

a financial institution located in Iran;

(C)

a financial institution, wherever located, owned or controlled by the Government of Iran; and

(D)

a financial institution, wherever located, owned or controlled by a financial institution described in subparagraph (A), (B), or (C).

Source credit: (Pub. L. 111–195, title I, § 104A, as added Pub. L. 112–158, title II, § 216(a), Aug. 10, 2012, 126 Stat. 1232; amended Pub. L. 116–283, div. F, title LXI, § 6110(e)(1)(B), Jan. 1, 2021, 134 Stat. 4563.)

history & why it existsrecord from the source credit
  • 2012Enacted · Pub. L. 111-195 · 126 Stat. 1232
  • 2021Amended · Pub. L. 116-283 · 134 Stat. 4563

A history note hasn’t been published yet. The record shows enactment by Pub. L. 111-195 on 2012-08-10.

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