22 U.S.C. § 8726 — Reports on, and authorization of imposition of sanctions with respect to, the provision of specialized financial messaging services to the Central Bank of Iran and other sanctioned Iranian financial institutions
submitted 14 years ago by Pub. L. 112-158 to r/title-22-FOREIGN-RELATIONS-AND-INTERCOURSE · 764 words · no verdicts yet
This law requires Treasury to report regularly on who provides Iran's central bank specialized financial messaging services. The President may sanction anyone who keeps knowingly providing that access after a deadline. An exception applies if a foreign sanctions regime already forces the person to cut off that access.
(a) Sense of Congress. Congress states its opinion that: (1) companies that provide specialized financial messaging services are a critical link to the world's financial system; (2) the European Union deserves credit for strengthening sanctions against Iran by barring people under its jurisdiction from providing these messaging services to Iran's Central Bank and other sanctioned Iranian banks; and (3) sanctioned Iranian banks must keep losing access to these messaging services.
(b) Reports required.
(1) In general. Within 60 days of August 10, 2012, and every 90 days after that, the Secretary of the Treasury must send Congress's relevant committees a report that contains: (A) a list of everyone the Secretary has found who directly provides, or helps others get direct or indirect access to, specialized financial messaging services for Iran's Central Bank or for a financial institution described in section 104(c)(2)(E)(ii) of the Comprehensive Iran Sanctions, Accountability, and Divestment Act of 2010 (22 U.S.C. 8513(c)(2)(E)(ii)); and (B) a detailed update on the Secretary's efforts to end that direct provision and that enabling of access.
(2) Enabling or facilitation through intermediary institutions. For purposes of paragraph (1) and subsection (c), "enabling or facilitating" access to these messaging services includes acting as a go-between financial institution that itself has access to the messaging services and passes that access along.
(3) Form of report. The report must be unclassified, though it may include a classified annex.
(c) Authorization of imposition of sanctions.
(1) In general. Except as provided in paragraph (2), starting 90 days after August 10, 2012, if a person keeps knowingly and directly providing these messaging services, or knowingly enabling access to them, for Iran's Central Bank or the institutions described above, the President may impose sanctions on that person under the Comprehensive Iran Sanctions, Accountability, and Divestment Act of 2010 or under the International Emergency Economic Powers Act.
(2) Exception. The President may not sanction a person under paragraph (1) if: (A) the person's own country's law already requires it, under a foreign sanctions program, to stop knowingly providing or enabling access to these messaging services for the Central Bank of Iran and for a group of Iranian financial institutions the foreign law names — but only if the President finds (I) that foreign-named group is substantially similar to the institutions described in this section, and (II) the differences between the two groups do not hurt the U.S. national interest; and (B) the person has actually stopped, under that foreign sanctions program, knowingly providing or enabling that access for the Central Bank of Iran and each of those named institutions.
(d) Rule of construction. Nothing in this section limits the President's authority under the International Emergency Economic Powers Act or under the Comprehensive Iran Sanctions, Accountability, and Divestment Act of 2010.
It is the sense of Congress that—
providers of specialized financial messaging services are a critical link to the international financial system;
the European Union is to be commended for strengthening the multilateral sanctions regime against Iran by deciding that specialized financial messaging services may not be provided to the Central Bank of Iran and other sanctioned Iranian financial institutions by persons subject to the jurisdiction of the European Union; and
the loss of access by sanctioned Iranian financial institutions to specialized financial messaging services must be maintained.
Not later than 60 days after August 10, 2012, and every 90 days thereafter, the Secretary of the Treasury shall submit to the appropriate congressional committees a report that contains—
a list of all persons that the Secretary has identified that directly provide specialized financial messaging services to, or enable or facilitate direct or indirect access to such messaging services for, the Central Bank of Iran or a financial institution described in section 104(c)(2)(E)(ii) of the Comprehensive Iran Sanctions, Accountability, and Divestment Act of 2010 (22 U.S.C. 8513(c)(2)(E)(ii)); and
a detailed assessment of the status of efforts by the Secretary to end the direct provision of such messaging services to, and the enabling or facilitation of direct or indirect access to such messaging services for, the Central Bank of Iran or a financial institution described in that section.
For purposes of paragraph (1) and subsection (c), enabling or facilitating direct or indirect access to specialized financial messaging services for the Central Bank of Iran or a financial institution described in section 104(c)(2)(E)(ii) of the Comprehensive Iran Sanctions, Accountability, and Divestment Act of 2010 (22 U.S.C. 8513(c)(2)(E)(ii)) includes doing so by serving as an intermediary financial institution with access to such messaging services.
A report submitted under paragraph (1) shall be submitted in unclassified form but may contain a classified annex.
Except as provided in paragraph (2), if, on or after the date that is 90 days after August 10, 2012, a person continues to knowingly and directly provide specialized financial messaging services to, or knowingly enable or facilitate direct or indirect access to such messaging services for, the Central Bank of Iran or a financial institution described in paragraph (2)(E)(ii) of section 104(c) of the Comprehensive Iran Sanctions, Accountability, and Divestment Act of 2010 (22 U.S.C. 8513(c)), the President may impose sanctions pursuant to that section or the International Emergency Economic Powers Act (50 U.S.C. 1701 et seq.) with respect to the person.
The President may not impose sanctions pursuant to paragraph (1) with respect to a person for directly providing specialized financial messaging services to, or enabling or facilitating direct or indirect access to such messaging services for, the Central Bank of Iran or a financial institution described in section 104(c)(2)(E)(ii) of the Comprehensive Iran Sanctions, Accountability, and Divestment Act of 2010 (22 U.S.C. 8513(c)(2)(E)(ii)) if—
the person is subject to a sanctions regime under its governing foreign law that requires it to eliminate the knowing provision of such messaging services to, and the knowing enabling and facilitation of direct or indirect access to such messaging services for—
the Central Bank of Iran; and
a group of Iranian financial institutions identified under such governing foreign law for purposes of that sanctions regime if the President determines that—
the group is substantially similar to the group of financial institutions described in section 104(c)(2)(E)(ii) of the Comprehensive Iran Sanctions, Accountability, and Divestment Act of 2010 (22 U.S.C. 8513(c)(2)(E)(ii)); and
the differences between those groups of financial institutions do not adversely affect the national interest of the United States; and
the person has, pursuant to that sanctions regime, terminated the knowing provision of such messaging services to, and the knowing enabling and facilitation of direct or indirect access to such messaging services for, the Central Bank of Iran and each Iranian financial institution identified under such governing foreign law for purposes of that sanctions regime.
Nothing in this section shall be construed to limit the authority of the President pursuant to the International Emergency Economic Powers Act (50 U.S.C. 1701 et seq.) or the Comprehensive Iran Sanctions, Accountability, and Divestment Act of 2010 (22 U.S.C. 8501 et seq.).
Source credit: (Pub. L. 112–158, title II, § 220, Aug. 10, 2012, 126 Stat. 1237.)
- 2012Enacted · Pub. L. 112-158 · 126 Stat. 1237
A history note hasn’t been published yet. The record shows enactment by Pub. L. 112-158 on 2012-08-10.
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