22 U.S.C. § 8742 — Identification of, and imposition of sanctions with respect to, persons that support or conduct certain transactions with Iran’s Revolutionary Guard Corps or other sanctioned persons
submitted 14 years ago by Pub. L. 112-158 to r/title-22-FOREIGN-RELATIONS-AND-INTERCOURSE · 762 words · no verdicts yet
The President must identify foreign people who knowingly help or trade with Iran's Revolutionary Guard Corps. The President reports them to Congress and must impose sanctions from the Iran Sanctions Act. The President may end or waive sanctions for national-security reasons or if the activity stops.
(a) Identification. (1) In general. Within 90 days of August 10, 2012, and every 180 days after that, the President must send Congress's relevant committees a report identifying foreign people the President determines, on or after August 10, 2012, knowingly: (A) materially help, sponsor, or provide financial, material, or technological support, or goods or services, to Iran's Revolutionary Guard Corps or its blocked officials, agents, or affiliates; (B) engage in a significant transaction or transactions with the Revolutionary Guard Corps or its officials, agents, or affiliates — whether their property is blocked under the International Emergency Economic Powers Act, or they are identified under section 8741(a)(1) or a related provision; or (C) engage in a significant transaction or transactions with (i) someone subject to financial sanctions under listed United Nations Security Council resolutions on Iran, or a later resolution imposing or changing such sanctions, or (ii) someone acting for, or owned or controlled by, such a person. (2) Form of report. The report must be unclassified, though it may include a classified annex. (3) Barter transactions. For this purpose, "transaction" includes a barter transaction.
(b) Imposition of sanctions. If the President determines under subsection (a)(1) that a foreign person knowingly did one of these things, the President: (1) must impose 5 or more of the sanctions listed in section 6(a) of the Iran Sanctions Act of 1996, as amended; and (2) may impose additional sanctions under the International Emergency Economic Powers Act.
(c) Termination. The President may end a sanction imposed under subsection (b) if the President determines the person (1) no longer does the sanctioned activity, and (2) has assured the President the activity will not happen again.
(d) Waiver of imposition of sanctions. (1) In general. The President may waive sanctions under subsection (b) for a foreign person if the President (A)(i) determines the person has stopped the activity and taken steps to prevent it from happening again, or (ii) determines the waiver is essential to U.S. national security; and (B) sends Congress's relevant committees a report that (i) names the person, (ii) describes the activity that would otherwise trigger sanctions, and (iii) explains the reasons for the decision. (2) Form of report. This report must be unclassified, though it may include a classified annex.
(e) Waiver of identifications and designations. Despite any other part of this subchapter, and subject to paragraph (2), the President does not have to identify a person under subsection (a), or identify or designate a person under section 8741(a), if the President (1) determines that doing so would harm U.S. national security, and (2) notifies Congress's relevant committees that this authority is being used.
(f) Application of provisions of Iran Sanctions Act of 1996. Several provisions of the Iran Sanctions Act of 1996, as amended, apply to sanctions imposed under subsection (b)(1) the same way they apply to sanctions imposed under section 5(a) of that Act. These are: (1) subsections (c) and (e) of section 4; (2) subsections (c), (d), and (f) of section 5; (3) section 8; (4) section 9; (5) section 11; (6) section 12; (7) subsection (b) of section 13; and (8) section 14.
Not later than 90 days after August 10, 2012, and every 180 days thereafter, the President shall submit to the appropriate congressional committees a report identifying foreign persons that the President determines, on or after August 10, 2012, knowingly—
materially assist, sponsor, or provide financial, material, or technological support for, or goods or services in support of, Iran’s Revolutionary Guard Corps or any of its officials, agents, or affiliates the property and interests in property of which are blocked pursuant to the International Emergency Economic Powers Act (50 U.S.C. 1701 et seq.);
engage in a significant transaction or transactions with Iran’s Revolutionary Guard Corps or any of its officials, agents, or affiliates—
the property and interests in property of which are blocked pursuant to that Act; or
that are identified under section 8741(a)(1) of this title or pursuant to paragraph (4)(A) of section 8513(c) of this title, as added by section 312; or
engage in a significant transaction or transactions with—
a person subject to financial sanctions pursuant to United Nations Security Council Resolution 1737 (2006), 1747 (2007), 1803 (2008), or 1929 (2010), or any other resolution that is adopted by the Security Council and imposes sanctions with respect to Iran or modifies such sanctions; or
a person acting on behalf of or at the direction of, or owned or controlled by, a person described in clause (i).
A report submitted under paragraph (1) shall be submitted in unclassified form but may contain a classified annex.
For purposes of paragraph (1), the term “transaction” includes a barter transaction.
If the President determines under subsection (a)(1) that a foreign person has knowingly engaged in an activity described in that subsection, the President—
shall impose 5 or more of the sanctions described in section 6(a) of the Iran Sanctions Act of 1996, as amended by section 204; and
may impose additional sanctions pursuant to the International Emergency Economic Powers Act (50 U.S.C. 1701 et seq.) with respect to the person.
The President may terminate a sanction imposed with respect to a foreign person pursuant to subsection (b) if the President determines that the person—
no longer engages in the activity for which the sanction was imposed; and
has provided assurances to the President that the person will not engage in any activity described in subsection (a)(1) in the future.
The President may waive the imposition of sanctions under subsection (b) with respect to a foreign person if the President—
determines that the person has ceased the activity for which sanctions would otherwise be imposed and has taken measures to prevent a recurrence of the activity; or
determines that it is essential 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;
describes the activity that would otherwise subject the foreign person to the imposition of sanctions under subsection (b); 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.
Notwithstanding any other provision of this subchapter and subject to paragraph (2), the President shall not be required to make any identification of a foreign person under subsection (a) or any identification or designation of a foreign person under section 8741(a) of this title if the President—
determines that doing so would cause damage to the national security of the United States; and
notifies the appropriate congressional committees of the exercise of the authority provided under this subsection.
The following provisions of the Iran Sanctions Act of 1996, as amended by this Act, apply with respect to the imposition under subsection (b)(1) of sanctions relating to activities described in subsection (a)(1) to the same extent that such provisions apply with respect to the imposition of sanctions under section 5(a) of the Iran Sanctions Act of 1996:
Subsections (c) and (e) of section 4.
Subsections (c), (d), and (f) of section 5.
Subsection (b) of section 13.
Source credit: (Pub. L. 112–158, title III, § 302, Aug. 10, 2012, 126 Stat. 1243.)
- 2012Enacted · Pub. L. 112-158 · 126 Stat. 1243
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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