22 U.S.C. § 8910 — Mandatory imposition of sanctions with respect to transactions with persons responsible for human rights abuses
submitted 9 years ago by Pub. L. 113-95 to r/title-22-FOREIGN-RELATIONS-AND-INTERCOURSE · 610 words · no verdicts yet
The President must sanction any foreign person found, based on credible evidence, to have committed, helped with, or controlled serious human rights abuses in Russian-occupied territory since August 2, 2017, or to have materially supported or been controlled by such a person. Sanctions include freezing U.S. property and, for individuals, denying or revoking visas. The President can waive new sanctions with specific findings, and can end sanctions once abuses stop or a factual basis for the sanctions no longer exists.
(a) In general — The President must sanction a foreign person the President determines, based on credible information, since August 2, 2017:
(1) is responsible for, complicit in, or directed serious human rights abuses in any territory Russia has forcibly occupied or controls;
(2) materially helped, sponsored, or gave money, material, technology, goods, or services to a person described in (1); or
(3) is owned, controlled by, or acts on behalf of a person described in (1).
(b) Sanctions described
(1) Asset blocking — Using powers under the International Emergency Economic Powers Act, freeze all the person's property and property interests in the U.S., entering the U.S., or controlled by a U.S. person.
(2) Exclusion from the U.S. — For an individual (an "alien*"), deny a visa, keep them out of the U.S., and cancel any visa or documentation they hold.
(c) Application of new sanctions — Before first applying sanctions to someone, the President must send Congress: (1) a written finding that the waiver serves vital national security interests or helps enforce this chapter; and (2) a certification that Russia has made efforts to reduce serious human rights abuses in territory it occupies or controls.
(d) Implementation; penalties
(1) The President may use all authorities under sections 203 and 205 of the International Emergency Economic Powers Act to carry out the asset freeze.
(2) Anyone who violates, tries to, conspires to, or causes a violation of the freeze (or related rule, license, or order) faces the same penalties as violating that Act directly.
(e) Termination — Subject to section 9511, the President may end sanctions on a person by sending Congress (1) a notice with reasons for the termination, and (2) either (A) a notice that (i) the person stopped the sanctioned activity or took real steps to stop, and (ii) the President has gotten reliable assurance they will not do it again, or (B) a notice that the President finds there is no longer enough basis for the original determination against that person.
The President shall impose the sanctions described in subsection (b) with respect to a foreign person if the President determines that the foreign person, based on credible information, on or after August 2, 2017—
is responsible for, complicit in, or responsible for ordering, controlling, or otherwise directing, the commission of serious human rights abuses in any territory forcibly occupied or otherwise controlled by the Government of the Russian Federation;
materially assists, sponsors, or provides financial, material, or technological support for, or goods or services to, a foreign person described in paragraph (1); or
is owned or controlled by, or acts or purports to act for or on behalf of, directly or indirectly, a foreign person described in paragraph (1).
The exercise of all powers granted to the President by the International Emergency Economic Powers Act (50 U.S.C. 1701 et seq.) to the extent necessary to block and prohibit all transactions in all property and interests in property of a person determined by the President to be subject to subsection (a) 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 the case of an alien* determined by the President to be subject to subsection (a), denial of a visa to, and exclusion from the United States of, the alien, and revocation in accordance with section 1201(i) of title 8, of any visa or other documentation of the alien.
The President may waive the initial application of sanctions under subsection (b) with respect to a person only if the President submits to the appropriate congressional committees*—
a written determination that the waiver—
is in the vital national security interests of the United States; or
will further the enforcement of this chapter; and
a certification that the Government of the Russian Federation has made efforts to reduce serious human rights abuses in territory forcibly occupied or otherwise controlled by that Government.
The President may exercise all authorities provided to the President under sections 203 and 205 of the International Emergency Economic Powers Act (50 U.S.C. 1702 and 1704) to carry out subsection (b)(1).
A person that violates, attempts to violate, conspires to violate, or causes a violation of subsection (b)(1) or any regulation, license, or order issued to carry out subsection (b)(1) shall be subject to the penalties set forth in subsections (b) and (c) of section 206 of the International Emergency Economic Powers Act (50 U.S.C. 1705) to the same extent as a person that commits an unlawful act described in subsection (a) of that section.
Subject to section 9511 of this title, the President may terminate the application of sanctions under subsection (b) with respect to a person if the President submits to the appropriate congressional committees—
a notice of and justification for the termination; and
a notice—
that—
the person is not engaging in the activity that was the basis for the sanctions or has taken significant verifiable steps toward stopping the activity; and
the President has received reliable assurances that the person will not knowingly engage in activity subject to sanctions under subsection (a) in the future; or
that the President determines that insufficient basis exists for the determination by the President under subsection (a) with respect to the person.
Source credit: (Pub. L. 113–95, § 11, as added Pub. L. 115–44, title II, § 228(a), Aug. 2, 2017, 131 Stat. 913.)
- 2017Enacted · Pub. L. 113-95 · 131 Stat. 913
A history note hasn’t been published yet. The record shows enactment by Pub. L. 113-95 on 2017-08-02.
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