22 U.S.C. § 8572 — Imposition of sanctions with respect to Iranian petroleum
submitted 2 years ago by Pub. L. 118-50 to r/title-22-FOREIGN-RELATIONS-AND-INTERCOURSE · 1,459 words · no verdicts yet
This section concerns Imposition of sanctions with respect to Iranian petroleum. It states the definitions, duties, permissions, requirements, exceptions, reports, or other rules set out in the section.
(a) In general On and after the date that is 180 days after April 24, 2024 , and except as provided in subsection (e)(2), the President must impose the sanctions described in subsection (c) about each foreign person that the President determines knowingly engaged, on or after April 24, 2024 , in an activity described in subsection (b). (b) Activities described A foreign person engages in an activity described in this subsection if the foreign person— (1) owns or operates a foreign port at which, on or after April 24, 2024 , such person knowingly permits to dock a vessel— (A) that is included on the list of specially designated nationals and blocked persons maintained by the Office of Foreign Assets Control of the Department of the Treasury for transporting Iranian crude oil or petroleum products; or (B) of which the operator or owner of such vessel otherwise knowingly engages in a significant transaction involving such vessel to transport, offload, or deal in significant transactions in condensate, refined, or unrefined petroleum products, or other petrochemical products originating from the Islamic Republic of Iran; (2) owns or operates a vessel through which such owner knowingly conducts a ship to ship transfer involving a significant transaction of any petroleum product originating from the Islamic Republic of Iran; (3) owns or operates a refinery through which such owner knowingly engages in a significant transaction to process, refine, or otherwise deal in any petroleum product originating from the Islamic Republic of Iran; (4) is a covered family member of a foreign person described in paragraph (1), (2), or (3); or (5) is owned or controlled by a foreign person described in paragraph (1), (2), or (3), and knowingly engages in an activity described in paragraph (1), (2), or (3). (c) Sanctions described The sanctions described in this subsection about a foreign person described in subsection (a) are the following: (1) Sanctions on foreign vessels Subject to such regulations as the President may prescribe, the President may prohibit a vessel described in subsection (b)(1)(A) or (b)(1)(B) from landing at any port in the United States— (A) about a vessel described in subsection (b)(1)(A), for a period of no more than 2 years beginning on the date on which the President imposes sanctions about a related foreign port described in subsection (b)(1)(A); and (B) about a vessel described in subsection (b)(1)(B), for a period of no more than 2 years. (2) Blocking of property The President must 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 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. (3) Ineligibility for visas, admission, or parole (A) Visas, admission, or parole An alien described in 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 (i) In general An alien described in subsection (a) is subject to revocation of any visa or other entry documentation regardless of when the visa or other entry documentation is or was issued. (ii) Immediate effect A revocation under clause (i) must take effect immediately and automatically cancel any other valid visa or entry documentation that is in the alien’s possession. (C) Exceptions Sanctions under this paragraph must not apply about an alien if admitting or paroling the alien into the United States is necessary— (i) 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; or (ii) to carry out or assist law enforcement activity in the United States. (4) Penalties The penalties provided for in subsections (b) and (c) of section 206 of the International Emergency Economic Powers Act ( 50 U.S.C. 1705 ) must apply to a person that violates, attempts to violate, conspires to violate, or causes a violation of this section or any regulations promulgated to carry out this section to the same extent that such penalties apply to a person that commits an unlawful act described in section 206(a) of that Act. (d) Rules of construction (1) For purposes of determinations under subsection (a) that a foreign person engaged in activities described in subsection (b), a foreign person must not be determined to know that petroleum or petroleum products originated from Iran if such person relied on a certificate of origin or other documentation confirming that the origin of the petroleum or petroleum products was a country other than Iran, unless such person knew or had reason to know that such documentation was falsified. (2) Nothing in this subchapter must be construed to affect the availability of any existing authorities to issue waivers, exceptions, exemptions, licenses, or other authorization. (e) Implementation; regulations (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) Deadline for regulations Within no more than 180 days after April 24, 2024 , the President must prescribe such regulations as may be necessary for the implementation of this subchapter. (3) Notification to Congress Within no more than 10 days before the prescription of regulations under paragraph (2), the President must brief and provide written notification to the appropriate congressional committees* regarding— (A) the proposed regulations; and (B) the specific provisions of this subchapter that the regulations are implementing. (f) Exception for humanitarian assistance (1) In general Sanctions under this section must not apply to— (A) the conduct or facilitation of a transaction for the provision of agricultural commodities, food, medicine, medical devices, or humanitarian assistance, or for humanitarian purposes; or (B) transactions that are necessary for or related to the activities described in subparagraph (A). (2) Definitions In this subsection: (A) Agricultural commodity The term “agricultural commodity” has the meaning given that term in section 5602 of title 7. (B) Medical device The term “medical device” has the meaning given the term “device” in section 321 of title 21. (C) Medicine The term “medicine” has the meaning given the term “drug” in section 321 of title 21. (g) Exception for safety of vessels and crew Sanctions under this section must not apply about a person providing provisions to a vessel otherwise subject to sanctions under this section if such provisions are intended for the safety and care of the crew aboard the vessel, the protection of human life aboard the vessel, or the maintenance of the vessel to avoid any environmental or other significant damage. (h) Waiver (1) In general The President may, on a case-by-case basis and for periods not to exceed 180 days each, waive the application of sanctions imposed about a foreign person under this section if the President certifies to the appropriate congressional committees, not later than 15 days after such waiver is to take effect, that the waiver is vital to the national interests of the United States. (2) Special rule The President must not be required to impose sanctions under this section about a foreign person described in subsection (a) if the President certifies in writing to the appropriate congressional committees that the foreign person— (A) is no longer engaging in activities described in subsection (b); or (B) has taken and is continuing to take significant, verifiable steps toward permanently terminating such activities. (i) Termination The authorities provided by this section must cease to have effect on and after the date that is 30 days after the date on which the President certifies to the appropriate congressional committees that— (1) the Government of Iran no longer repeatedly provides support for international terrorism as determined by the Secretary of State under— (A) section 4813(c)(1)(A) of title 50 ; (B) section 2371 of this title ; (C) section 2780 of this title ; or (D) any other provision of law; and (2) Iran has ceased the pursuit, acquisition, and development of, and verifiably dismantled, its nuclear, biological, and chemical weapons, ballistic missiles, and ballistic missile launch technology.
On and after the date that is 180 days after April 24, 2024, and except as provided in subsection (e)(2), the President shall impose the sanctions described in subsection (c) with respect to each foreign person that the President determines knowingly engaged, on or after April 24, 2024, in an activity described in subsection (b).
A foreign person engages in an activity described in this subsection if the foreign person—
owns or operates a foreign port at which, on or after April 24, 2024, such person knowingly permits to dock a vessel—
that is included on the list of specially designated nationals and blocked persons maintained by the Office of Foreign Assets Control of the Department of the Treasury for transporting Iranian crude oil or petroleum products; or
of which the operator or owner of such vessel otherwise knowingly engages in a significant transaction involving such vessel to transport, offload, or deal in significant transactions in condensate, refined, or unrefined petroleum products, or other petrochemical products originating from the Islamic Republic of Iran;
owns or operates a vessel through which such owner knowingly conducts a ship to ship transfer involving a significant transaction of any petroleum product originating from the Islamic Republic of Iran;
owns or operates a refinery through which such owner knowingly engages in a significant transaction to process, refine, or otherwise deal in any petroleum product originating from the Islamic Republic of Iran;
is a covered family member of a foreign person described in paragraph (1), (2), or (3); or
is owned or controlled by a foreign person described in paragraph (1), (2), or (3), and knowingly engages in an activity described in paragraph (1), (2), or (3).
The sanctions described in this subsection with respect to a foreign person described in subsection (a) are the following:
Subject to such regulations as the President may prescribe, the President may prohibit a vessel described in subsection (b)(1)(A) or (b)(1)(B) from landing at any port in the United States—
with respect to a vessel described in subsection (b)(1)(A), for a period of not more than 2 years beginning on the date on which the President imposes sanctions with respect to a related foreign port described in subsection (b)(1)(A); and
with respect to a vessel described in subsection (b)(1)(B), for a period of not more than 2 years.
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 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.
An alien described in subsection (a) is—
inadmissible to the United States;
ineligible to receive a visa or other documentation to enter the United States; and
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.).
An alien described in subsection (a) is subject to revocation of any visa or other entry documentation regardless of when the visa or other entry documentation is or was issued.
A revocation under clause (i) shall take effect immediately and automatically cancel any other valid visa or entry documentation that is in the alien’s possession.
Sanctions under this paragraph shall not apply with respect to an alien if admitting or paroling 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; or
to carry out or assist law enforcement activity in the United States.
The penalties provided for in subsections (b) and (c) of section 206 of the International Emergency Economic Powers Act (50 U.S.C. 1705) shall apply to a person that violates, attempts to violate, conspires to violate, or causes a violation of this section or any regulations promulgated to carry out this section to the same extent that such penalties apply to a person that commits an unlawful act described in section 206(a) of that Act.
For purposes of determinations under subsection (a) that a foreign person engaged in activities described in subsection (b), a foreign person shall not be determined to know that petroleum or petroleum products originated from Iran if such person relied on a certificate of origin or other documentation confirming that the origin of the petroleum or petroleum products was a country other than Iran, unless such person knew or had reason to know that such documentation was falsified.
Nothing in this subchapter shall be construed to affect the availability of any existing authorities to issue waivers, exceptions, exemptions, licenses, or other authorization.
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.
Not later than 180 days after April 24, 2024, the President shall prescribe such regulations as may be necessary for the implementation of this subchapter.
Not later than 10 days before the prescription of regulations under paragraph (2), the President shall brief and provide written notification to the appropriate congressional committees* regarding—
the proposed regulations; and
the specific provisions of this subchapter that the regulations are implementing.
Sanctions under this section shall not apply to—
the conduct or facilitation of a transaction for the provision of agricultural commodities, food, medicine, medical devices, or humanitarian assistance, or for humanitarian purposes; or
transactions that are necessary for or related to the activities described in subparagraph (A).
In this subsection:
The term “agricultural commodity” has the meaning given that term in section 5602 of title 7.
The term “medical device” has the meaning given the term “device” in section 321 of title 21.
Sanctions under this section shall not apply with respect to a person providing provisions to a vessel otherwise subject to sanctions under this section if such provisions are intended for the safety and care of the crew aboard the vessel, the protection of human life aboard the vessel, or the maintenance of the vessel to avoid any environmental or other significant damage.
The President may, on a case-by-case basis and for periods not to exceed 180 days each, waive the application of sanctions imposed with respect to a foreign person under this section if the President certifies to the appropriate congressional committees, not later than 15 days after such waiver is to take effect, that the waiver is vital to the national interests of the United States.
The President shall not be required to impose sanctions under this section with respect to a foreign person described in subsection (a) if the President certifies in writing to the appropriate congressional committees that the foreign person—
is no longer engaging in activities described in subsection (b); or
has taken and is continuing to take significant, verifiable steps toward permanently terminating such activities.
The authorities provided by this section shall cease to have effect on and after the date that is 30 days after the date on which the President certifies to the appropriate congressional committees that—
the Government of Iran no longer repeatedly provides support for international terrorism as determined by the Secretary of State pursuant to—
section 2371 of this title;
section 2780 of this title; or
any other provision of law; and
Iran has ceased the pursuit, acquisition, and development of, and verifiably dismantled, its nuclear, biological, and chemical weapons, ballistic missiles, and ballistic missile launch technology.
Source credit: (Pub. L. 118–50, div. J, § 3, Apr. 24, 2024, 138 Stat. 963.)
- 2024Enacted · Pub. L. 118-50 · 138 Stat. 963
A history note hasn’t been published yet. The record shows enactment by Pub. L. 118-50 on 2024-04-24.
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