22 U.S.C. § 8741 — Identification of, and imposition of sanctions with respect to, officials, agents, and affiliates of Iran’s Revolutionary Guard Corps
submitted 14 years ago by Pub. L. 112-158 to r/title-22-FOREIGN-RELATIONS-AND-INTERCOURSE · 676 words · no verdicts yet
The President must identify foreign officials, agents, and affiliates of Iran's Revolutionary Guard Corps. For each identified person who is not already designated under the International Emergency Economic Powers Act, the President must impose sanctions and block covered property; visa denial and exclusion rules also apply. The President may waive these requirements for national security reasons after reporting to Congress.
(a) In general. Within 90 days of August 10, 2012, and as needed after that, the President must: (1) identify foreign people who are officials, agents, or affiliates of Iran's Revolutionary Guard Corps; and (2) for each one not already designated for sanctions under the International Emergency Economic Powers Act, (A) designate that person for sanctions under that Act, and (B) block and prohibit all their property and property interests that are in the United States, that come into the United States, or that come under a U.S. person's possession or control.
(b) Priority for investigation. When identifying these people under subsection (a)(1), the President must prioritize investigating: (1) people or entities already identified under section 560.304 of title 31 of the Code of Federal Regulations, which defines the "Government of Iran"; and (2) people there is a reasonable basis to believe have done, or tried to do, one or more of the sensitive transactions described in subsection (c).
(c) Sensitive transactions and activities described. A sensitive transaction under this subsection is: (1) one financial transaction, or a series of them, worth more than $1,000,000 total in any 12-month period, involving a non-Iranian financial institution; (2) a transaction that helps Iran make, import, export, or transfer items needed to develop nuclear, chemical, biological, or advanced conventional weapons, including ballistic missiles; (3) a transaction involving goods, services, or technology tied to Iran's energy sector — including developing Iran's energy resources, exporting petroleum products from Iran, importing refined petroleum into Iran, or expanding refining capacity available to Iran; (4) a similar transaction tied to Iran's petrochemical sector; or (5) a transaction to obtain sensitive technologies, as defined in section 8515(c).
(d) Exclusion from United States. (1) In general. Subject to paragraph (2), the Secretary of State must deny a visa, and the Secretary of Homeland Security must exclude from the United States, any alien who — on or after August 10, 2012 — is designated under subsection (a) for sanctions under the International Emergency Economic Powers Act. (2) Regulatory exceptions to comply with international obligations. This visa-denial and exclusion rule is subject to regulations the President may issue, including exceptions needed so the United States can follow the 1947 UN Headquarters Agreement and other international obligations.
(e) Waiver of imposition of sanctions. (1) In general. The President may waive subsection (a) or (d) for a specific foreign person if the President (A) decides doing so is vital to U.S. national security interests, and (B) sends Congress's relevant committees a report that (i) names the person the waiver applies to, and (ii) explains the reasons for the decision. (2) Form of report. This report must be unclassified, though it may include a classified annex.
(f) Rule of construction. Nothing in this section removes any sanction against Iran's Revolutionary Guard Corps that was already in force as of August 10, 2012.
Not later than 90 days after August 10, 2012, and as appropriate thereafter, the President shall—
identify foreign persons that are officials, agents, or affiliates of Iran’s Revolutionary Guard Corps; and
for each foreign person identified under paragraph (1) that is not already designated for the imposition of sanctions pursuant to the International Emergency Economic Powers Act (50 U.S.C. 1701 et seq.)—
designate that foreign person for the imposition of sanctions pursuant to that Act; and
block and prohibit all transactions in all property and interests in property of that 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.
In identifying foreign persons pursuant to subsection (a)(1) as officials, agents, or affiliates of Iran’s Revolutionary Guard Corps, the President shall give priority to investigating—
foreign persons or entities identified under section 560.304 of title 31, Code of Federal Regulations (relating to the definition of the Government of Iran); and
foreign persons for which there is a reasonable basis to find that the person has conducted or attempted to conduct one or more sensitive transactions or activities described in subsection (c).
A sensitive transaction or activity described in this subsection is—
a financial transaction or series of transactions valued at more than $1,000,000 in the aggregate in any 12-month period involving a non-Iranian financial institution;
a transaction to facilitate the manufacture, importation, exportation, or transfer of items needed for the development by Iran of nuclear, chemical, biological, or advanced conventional weapons, including ballistic missiles;
a transaction relating to the manufacture, procurement, or sale of goods, services, and technology relating to Iran’s energy sector, including a transaction relating to the development of the energy resources of Iran, the exportation of petroleum products from Iran, the importation of refined petroleum to Iran, or the development of refining capacity available to Iran;
a transaction relating to the manufacture, procurement, or sale of goods, services, and technology relating to Iran’s petrochemical sector; or
a transaction relating to the procurement of sensitive technologies (as defined in section 8515(c) of this title).
Subject to paragraph (2), the Secretary of State shall deny a visa to, and the Secretary of Homeland Security shall exclude from the United States, any alien who, on or after August 10, 2012, is a foreign person designated pursuant to subsection (a) for the imposition of sanctions pursuant to the International Emergency Economic Powers Act (50 U.S.C. 1701 et seq.).
The requirement to deny visas to and exclude aliens from the United States pursuant to paragraph (1) shall be subject to such regulations as the President may prescribe, including regulatory exceptions to permit the United States to comply with the Agreement between the United Nations and the United States of America regarding the Headquarters of the United Nations, signed June 26, 1947, and entered into force November 21, 1947, and other applicable international obligations.
The President may waive the application of subsection (a) or (d) with respect to a foreign person if the President—
determines that it is vital to the national security interests of the United States to do so; and
submits to the appropriate congressional committees a report that—
identifies the foreign person with respect to which the waiver applies; and
sets forth the reasons for the determination.
A report submitted under paragraph (1)(B) shall be submitted in unclassified form but may contain a classified annex.
Nothing in this section shall be construed to remove any sanction of the United States in force with respect to Iran’s Revolutionary Guard Corps as of August 10, 2012.
Source credit: (Pub. L. 112–158, title III, § 301, Aug. 10, 2012, 126 Stat. 1241.)
- 2012Enacted · Pub. L. 112-158 · 126 Stat. 1241
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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