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22 U.S.C. § 8572Imposition 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

in plain englishAI-generated · not legal advice

Starting in late 2024, the President must sanction foreign people who knowingly help ship, transfer, or refine Iranian petroleum, including their family members and companies they control. Sanctions include blocking property and U.S. entry, with exceptions for humanitarian aid, law enforcement, and vessel safety, plus waivers and a termination trigger tied to Iran's weapons and terrorism activity.

(a) In general. Starting 180 days after April 24, 2024, and except as allowed under subsection (e)(2), the President must impose the sanctions in subsection (c) on any foreign person the President determines knowingly did one of the things listed in subsection (b), on or after April 24, 2024. (b) Activities described. A foreign person triggers this section if they: (1) own or run a foreign port that knowingly lets dock a vessel that (A) is on the Treasury Department's sanctions list for carrying Iranian crude oil or petroleum products, or (B) is otherwise, through its owner or operator, involved in a significant transaction to transport, offload, or deal in condensate, refined or unrefined petroleum, or other petrochemical products from Iran; (2) own or run a vessel used to knowingly conduct a significant ship-to-ship transfer of any Iranian petroleum product; (3) own or run a refinery used to knowingly process, refine, or otherwise deal in a significant transaction involving any Iranian petroleum product; (4) are a "covered family member" (defined elsewhere) of someone described in (1), (2), or (3); or (5) are owned or controlled by someone described in (1), (2), or (3), and knowingly do what that person does. (c) Sanctions described. (1) Sanctions on foreign vessels. Subject to regulations, the President may bar a vessel described in (b)(1)(A) or (b)(1)(B) from landing at any U.S. port — for up to 2 years for a (b)(1)(A) vessel, starting when sanctions are imposed on the related port, and for up to 2 years for a (b)(1)(B) vessel. (2) Blocking of property. The President must use all powers under the International Emergency Economic Powers Act to block all transactions in the person's property that is in the U.S., enters the U.S., or comes under the control of a U.S. person. (3) Ineligibility for visas, admission, or parole. (A) An alien described in subsection (a) is inadmissible to the U.S., ineligible for a visa, and ineligible for any other Immigration and Nationality Act benefit. (B) Current visas revoked. Any visa or entry document the alien holds is revoked immediately, regardless of when it was issued, and this automatically cancels any other valid visa the alien has. (C) Exceptions. These visa sanctions don't apply if admitting the alien is necessary to (i) meet U.S. obligations under the UN Headquarters agreement or other international obligations, or (ii) carry out or assist U.S. law enforcement. (4) Penalties. The same penalties that apply under section 206(a) of the International Emergency Economic Powers Act apply to anyone who violates, attempts to violate, conspires to violate, or causes a violation of this section or its regulations. (d) Rules of construction. (1) A foreign person is not considered to have "known" petroleum came from Iran if they relied on a certificate of origin or other documents showing the origin was a different country — unless they knew or had reason to know those documents were fake. (2) Nothing here limits any existing power to issue waivers, exceptions, exemptions, licenses, or other authorizations. (e) Implementation; regulations. (1) The President may use powers under sections 203 and 205 of the International Emergency Economic Powers Act to carry this out. (2) Deadline for regulations. Within 180 days after April 24, 2024, the President must issue the regulations needed to implement this subchapter. (3) Notification to Congress. At least 10 days before issuing those regulations, the President must brief and give written notice to the appropriate congressional committees about the proposed regulations and which provisions of this subchapter they implement. (f) Exception for humanitarian assistance. (1) Sanctions under this section don't apply to (A) conducting or helping with transactions for agricultural commodities, food, medicine, medical devices, or humanitarian assistance or purposes, or (B) transactions necessary for or related to those activities. (2) Definitions. "Agricultural commodity" has the meaning in section 5602 of title 7; "medical device" has the meaning of "device" in section 321 of title 21; "medicine" has the meaning of "drug" in section 321 of title 21. (g) Exception for safety of vessels and crew. Sanctions don't apply to someone providing supplies to a sanctioned vessel if those supplies are meant for crew safety and care, protecting human life aboard, or maintaining the vessel to prevent environmental or other significant damage. (h) Waiver. (1) The President may waive sanctions against a foreign person case-by-case, for up to 180 days at a time, if the President certifies to the appropriate congressional committees — within 15 days of the waiver taking effect — that the waiver is vital to U.S. national interests. (2) Special rule. The President doesn't have to impose sanctions on a person described in subsection (a) if the President certifies in writing to those committees that the person (A) is no longer doing the activities in subsection (b), or (B) has taken and keeps taking real, verifiable steps to permanently stop. (i) Termination. This section's authority ends 30 days after the President certifies to the appropriate congressional committees that (1) Iran's government no longer repeatedly supports international terrorism, as determined under section 4813(c)(1)(A) of title 50, section 2371 or 2780 of this title, or any other law; and (2) Iran has stopped pursuing, acquiring, and developing — and has verifiably dismantled — its nuclear, biological, and chemical weapons, ballistic missiles, and ballistic missile launch technology.
the actual law source: uscode.house.gov ↗public domain
(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 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).

(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 with respect to 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)

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

(B)

with respect to a vessel described in subsection (b)(1)(B), for a period of not more than 2 years.

(2) 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 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) shall 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 shall not apply with respect to 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) 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.

(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 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.

(2)

Nothing in this subchapter shall 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

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.

(3) Notification to Congress

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—

(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 shall 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 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.

(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 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.

(2) Special rule

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—

(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 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—

(1)

the Government of Iran no longer repeatedly provides support for international terrorism as determined by the Secretary of State pursuant to—

(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.

Source credit: (Pub. L. 118–50, div. J, § 3, Apr. 24, 2024, 138 Stat. 963.)

history & why it existsrecord from the source credit
  • 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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