ALLcrimesfood&drugstaxestelecomcommercehealthconservationtransportationagricultureveteransbrowse all titles »
0

22 U.S.C. § 8725Liability of parent companies for violations of sanctions by foreign subsidiaries

submitted 14 years ago by Pub. L. 112-158 to r/title-22-FOREIGN-RELATIONS-AND-INTERCOURSE · 338 words · no verdicts yet

in plain englishAI-generated · not legal advice

This law makes the President block U.S.-controlled foreign entities from doing sanctioned business with Iran's government. U.S. persons can face the same civil penalties as if they did it themselves. The rule doesn't apply if the U.S. person cuts ties within 180 days.

(a) Definitions. This section defines two terms. (1) "Entity" means a partnership, association, trust, joint venture, corporation, or other organization. (2) "Own or control" means, for an entity: (A) holding more than 50 percent of its equity, by vote or by value; (B) holding a majority of seats on its board of directors; or (C) otherwise controlling its actions, policies, or personnel decisions. (b) Prohibition. Within 60 days of August 10, 2012, the President must prohibit a foreign-based entity that a U.S. person owns or controls from knowingly doing business, directly or indirectly, with the Government of Iran or anyone under Iran's jurisdiction. This applies only to transactions that would be illegal under an order or regulation of the International Emergency Economic Powers Act (50 U.S.C. 1701 and following) if a U.S. person did the same thing inside the United States. (c) Civil penalty. If a U.S. person's owned or controlled foreign entity violates, tries to violate, conspires to violate, or causes a violation of a rule made to carry out subsection (b), the U.S. person faces the same civil penalties under section 206(b) of the International Emergency Economic Powers Act that would apply to someone who commits an unlawful act under section 206(a) of that Act. (d) Applicability. Subsection (c) does not apply to a transaction described in subsection (b) if the U.S. person sells off, or ends its business with, the foreign entity no later than 180 days after August 10, 2012.
the actual law source: uscode.house.gov ↗public domain
(a) Definitions

In this section:

(1) Entity

The term “entity” means a partnership, association, trust, joint venture, corporation, or other organization.

(2) Own or control

The term “own or control” means, with respect to an entity—

(A)

to hold more than 50 percent of the equity interest by vote or value in the entity;

(B)

to hold a majority of seats on the board of directors of the entity; or

(C)

to otherwise control the actions, policies, or personnel decisions of the entity.

(b) Prohibition

Not later than 60 days after August 10, 2012, the President shall prohibit an entity owned or controlled by a United States person and established or maintained outside the United States from knowingly engaging in any transaction directly or indirectly with the Government of Iran or any person subject to the jurisdiction of the Government of Iran that would be prohibited by an order or regulation issued pursuant to the International Emergency Economic Powers Act (50 U.S.C. 1701 et seq.) if the transaction were engaged in by a United States person or in the United States.

(c) Civil penalty

The civil penalties provided for in section 206(b) of the International Emergency Economic Powers Act (50 U.S.C. 1705(b)) shall apply to a United States person to the same extent that such penalties apply to a person that commits an unlawful act described in section 206(a) of that Act if an entity owned or controlled by the United States person and established or maintained outside the United States violates, attempts to violate, conspires to violate, or causes a violation of any order or regulation issued to implement subsection (b).

(d) Applicability

Subsection (c) shall not apply with respect to a transaction described in subsection (b) by an entity owned or controlled by a United States person and established or maintained outside the United States if the United States person divests or terminates its business with the entity not later than the date that is 180 days after August 10, 2012.

Source credit: (Pub. L. 112–158, title II, § 218, Aug. 10, 2012, 126 Stat. 1234.)

history & why it existsrecord from the source credit
  • 2012Enacted · Pub. L. 112-158 · 126 Stat. 1234

A history note hasn’t been published yet. The record shows enactment by Pub. L. 112-158 on 2012-08-10.

all 0 arguments · sorted by: best

0/280

no arguments yet — make the first case