50 U.S.C. § 1701 — Unusual and extraordinary threat; dec-

Page 151 TITLE 50—WAR AND NATIONAL DEFENSE § 1701 CHAPTER 35—INTERNATIONAL EMERGENCY ECONOMIC POWERS Sec. 1701. Unusual and extraordinary threat; declara- tion of national emergency; exercise of Presidential authorities. 1702. Presidential authorities. 1703. Consultation and reports. 1704. Authority to issue regulations. 1705. Penalties. 1706. Savings provisions. 1707. Multinational economic embargoes against governments in armed conflict with the United States. 1708. Actions to address economic or industrial es- pionage in cyberspace. 1709. Imposition of sanctions with respect to theft of trade secrets of United States persons. 1710. Confronting asymmetric and malicious cyber activities. § 1701. Unusual and extraordinary threat; dec- laration of national emergency; exercise of Presidential authorities (a) Any authority granted to the President by section 1702 of this title may be exercised to deal with any unusual and extraordinary threat, which has its source in whole or substantial part outside the United States, to the national secu- rity, foreign policy, or economy of the United States, if the President declares a national emergency with respect to such threat. (b) The authorities granted to the President by section 1702 of this title may only be exer- cised to deal with an unusual and extraordinary threat with respect to which a national emer- gency has been declared for purposes of this chapter and may not be exercised for any other purpose. Any exercise of such authorities to deal with any new threat shall be based on a new dec- laration of national emergency which must be with respect to such threat. (Pub. L. 95–223, title II, § 202, Dec. 28, 1977, 91 Stat. 1626.) Statutory Notes and Related Subsidiaries SHORT TITLE OF 2024 AMENDMENT Pub. L. 118–50, div. O, § 1, Apr. 24, 2024, 138 Stat. 988, provided that: ‘‘This division [enacting section 1710 of this title, enacting provisions set out as notes under this section, and amending provisions set out as a note under this section] may be cited as the ‘Strengthening Tools to Counter the Use of Human Shields Act’.’’ SHORT TITLE OF 2023 AMENDMENT Pub. L. 117–336, § 1, Jan. 5, 2023, 136 Stat. 6147, provided that: ‘‘This Act [enacting section 1709 of this title] may be cited as the ‘Protecting American Intellectual Prop- erty Act of 2022’.’’ SHORT TITLE OF 2021 AMENDMENT Pub. L. 117–54, § 1(a), Nov. 10, 2021, 135 Stat. 413, pro- vided that: ‘‘This Act [amending section 2277a of Title 22, Foreign Relations and Intercourse, and enacting and amending provisions set out as notes under this sec- tion] may be cited as the ‘Reinforcing Nicaragua’s Ad- herence to Conditions for Electoral Reform Act of 2021’ or the ‘RENACER Act’.’’ SHORT TITLE OF 2018 AMENDMENT Pub. L. 115–272, § 1(a), Oct. 25, 2018, 132 Stat. 4144, pro- vided that: ‘‘This Act [amending sections 9229 and 9241 of Title 22, Foreign Relations and Intercourse, and en- acting and amending provisions set out as notes under this section] may be cited as the ‘Hizballah Inter- national Financing Prevention Amendments Act of 2018’.’’ SHORT TITLE OF 2016 AMENDMENT Pub. L. 114–277, § 1, Dec. 15, 2016, 130 Stat. 1409, pro- vided that: ‘‘This Act [amending provisions set out as a note under this section] may be cited as the ‘Iran Sanctions Extension Act’.’’ Pub. L. 114–194, § 1, July 15, 2016, 130 Stat. 674, pro- vided that: ‘‘This Act [amending provisions set out as a note under this section] may be cited as the ‘Ven- ezuela Defense of Human Rights and Civil Society Ex- tension Act of 2016’.’’ SHORT TITLE OF 2007 AMENDMENT Pub. L. 110–96, § 1, Oct. 16, 2007, 121 Stat. 1011, provided that: ‘‘This Act [amending section 1705 of this title and enacting provisions set out as a note under section 1705 of this title] may be cited as the ‘International Emer- gency Economic Powers Enhancement Act’.’’ SHORT TITLE OF 2006 AMENDMENT Pub. L. 109–353, § 1, Oct. 13, 2006, 120 Stat. 2015, pro- vided that: ‘‘This Act [amending provisions set out as a note under this section] may be cited as the ‘North Korea Nonproliferation Act of 2006’.’’ Pub. L. 109–293, § 1, Sept. 30, 2006, 120 Stat. 1344, pro- vided that: ‘‘This Act [amending section 5318A of Title 31, Money and Finance, enacting provisions set out as notes under this section and section 2151 of Title 22, Foreign Relations and Intercourse, and amending pro- visions set out as a note under this section] may be cited as the ‘Iran Freedom Support Act’.’’ SHORT TITLE OF 2005 AMENDMENT Pub. L. 109–112, § 1, Nov. 22, 2005, 119 Stat. 2366, pro- vided that: ‘‘This Act [enacting provisions set out as a note under this section and amending provisions set out as notes under this section and section 2797b of Title 22, Foreign Relations and Intercourse] may be cited as the ‘Iran Nonproliferation Amendments Act of 2005’.’’ SHORT TITLE OF 2001 AMENDMENT Pub. L. 107–24, § 1, Aug. 3, 2001, 115 Stat. 199, provided that: ‘‘This Act [enacting and amending provisions set out as notes under this section] may be cited as the ‘ILSA Extension Act of 2001’.’’ SHORT TITLE Pub. L. 95–223, title II, § 201, Dec. 28, 1977, 91 Stat. 1626, provided that: ‘‘This title [enacting this chapter] may be cited as the ‘International Emergency Economic Powers Act’.’’ REGULATORY AUTHORITY Pub. L. 115–272, title III, § 301(a), Oct. 25, 2018, 132 Stat. 4155, provided that: ‘‘The President shall, not later than 180 days after the date of the enactment of this Act [Oct. 25, 2018], prescribe regulations as necessary for the implementation of this Act [see Short Title of 2018 Amendment note set out above] and the amendments made by this Act.’’ SEPARABILITY Pub. L. 95–223, title II, § 208, Dec. 28, 1977, 91 Stat. 1629, provided that: ‘‘If any provision of this Act [enacting this chapter] is held invalid, the remainder of the Act shall not be affected thereby.’’ REPORT AND IMPOSITION OF SANCTIONS TO HARMONIZE WITH ALLIED SANCTIONS Pub. L. 118–50, div. G, § 1, Apr. 24, 2024, 138 Stat. 954, provided that: ‘‘(a) REPORT REQUIRED.—Not later than 90 days after the date of the enactment of this division [Apr. 24, Page 152 TITLE 50—WAR AND NATIONAL DEFENSE § 1701 2024], the President shall submit to the Committee on Foreign Affairs of the House of Representatives and the Committee on Foreign Relations of the Senate a report identifying— ‘‘(1) each foreign person currently subject to— ‘‘(A) sanctions issued by the European Union pur- suant to European Union Council Regulation No. 269/2014 of 17 March, 2014, as amended; or ‘‘(B) sanctions issued by the United Kingdom pur- suant to the Russia (Sanctions) (EU Exit) Regula- tions 2019, as amended; and ‘‘(2) each such foreign person that also meets the criteria for imposition of sanctions by the United States pursuant to— ‘‘(A) the Global Magnitsky Human Rights Ac- countability Act of 2016 [Pub. L. 114–328, div. A, title XII, subtitle F] (22 U.S.C. 10101 et seq.); ‘‘(B) Executive Order 14024 (50 U.S.C. 1701 note, re- lating to blocking property with respect to speci- fied harmful foreign activities of the Government of the Russian Federation), as amended; ‘‘(C) Executive Order 14068 (50 U.S.C. 1701 note, re- lating to prohibiting certain imports, exports, and new investment with respect to continued Russian Federation aggression), as amended; or ‘‘(D) Executive Order 14071 (50 U.S.C. 1701 note, re- lating to prohibiting new investment in and certain services to the Russian Federation in response to continued Russian Federation aggression), as amended. ‘‘(b) IMPOSITION OF SANCTIONS.—The President may impose the sanctions authorized by the applicable pro- vision of law listed in subsection (a)(2) with respect to each foreign person identified in the report required under subsection (a)(1) who is not already subject to sanctions under United States law pursuant to one or more statutory sanctions authorities as of the date of the submission of such report.’’ HAMAS AND OTHER PALESTINIAN TERRORIST GROUPS INTERNATIONAL FINANCING PREVENTION Pub. L. 118–50, div. M, Apr. 24, 2024, 138 Stat. 980, pro- vided that: ‘‘SEC. 1. SHORT TITLE. ‘‘This division may be cited as the ‘Hamas and Other Palestinian Terrorist Groups International Financing Prevention Act’. ‘‘SEC. 2. STATEMENT OF POLICY. ‘‘It shall be the policy of the United States— ‘‘(1) to prevent Hamas, Palestinian Islamic Jihad, Al-Aqsa Martyrs Brigade, the Lion’s Den, or any af- filiate or successor thereof from accessing its inter- national support networks; and ‘‘(2) to oppose Hamas, the Palestinian Islamic Jihad, Al-Aqsa Martyrs Brigade, the Lion’s Den, or any affiliate or successor thereof from using goods, including medicine and dual use items, to smuggle weapons and other materials to further acts of ter- rorism, including against Israel. ‘‘SEC. 3. IMPOSITION OF SANCTIONS WITH RE- SPECT TO FOREIGN PERSONS SUPPORTING ACTS OF TERRORISM OR ENGAGING IN SIG- NIFICANT TRANSACTIONS WITH SENIOR MEM- BERS OF HAMAS, PALESTINIAN ISLAMIC JIHAD AND OTHER PALESTINIAN TERRORIST ORGA- NIZATIONS. ‘‘(a) IN GENERAL.—Not later than 180 days after the date of enactment of this division [Apr. 24, 2024], the President shall impose the sanctions described in sub- section (c) with respect to each foreign person that the President determines, on or after the date of the enact- ment of this division, engages in an activity described in subsection (b). ‘‘(b) ACTIVITIES DESCRIBED.—A foreign person engages in an activity described in this subsection if the foreign person knowingly— ‘‘(1) assists in sponsoring or providing significant fi- nancial, material, or technological support for, or goods or other services to enable, acts of terrorism; or ‘‘(2) engages, directly or indirectly, in a significant transaction with— ‘‘(A) a senior member of Hamas, Palestinian Is- lamic Jihad, Al-Aqsa Martyrs Brigade, the Lion’s Den, or any affiliate or successor thereof; or ‘‘(B) a senior member of a foreign terrorist orga- nization designated pursuant to section 219 of the Immigration and Nationality Act (8 U.S.C. 1189) that is responsible for providing, directly or indi- rectly, support to Hamas, Palestinian Islamic Jihad, Al-Aqsa Martyrs Brigade, the Lion’s Den, or any affiliate or successor thereof. ‘‘(c) SANCTIONS DESCRIBED.—The President shall exer- cise all of the powers granted to the President under the International Emergency Economic Powers Act (50 U.S.C. 1701 et seq.) to the extent necessary to block and prohibit all transactions in property and interests in property of a foreign person described in 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. ‘‘(d) PENALTIES.—The penalties provided for in sub- sections (b) and (c) of section 206 of the International Emergency Economic Powers Act (50 U.S.C. 1705) shall apply to a person that violates, attempts to violate, conspires to violate, or causes a violation of this sec- tion or any regulations promulgated to carry out this section to the same extent that such penalties apply to a person that commits an unlawful act described in sec- tion 206(a) of that Act [50 U.S.C. 1705(a)]. ‘‘(e) IMPLEMENTATION; REGULATIONS.— ‘‘(1) IN GENERAL.—The President may exercise all authorities provided under sections 203 and 205 of the International Emergency Economic Powers Act (50 U.S.C. 1702 and 1704) for purposes of carrying out this section. ‘‘(2) REGULATIONS.—Not later than 60 days after the date of the enactment of this division, the President shall issue regulations or other guidance as may be necessary for the implementation of this section. ‘‘(f) WAIVER.—The President may waive, on a case-by- case basis and for a period of not more than 180 days, the application of sanctions under this section with re- spect to a foreign person only if, not later than 15 days prior to the date on which the waiver is to take effect, the President submits to the appropriate congressional committees a written determination and justification that the waiver is in the vital national security inter- ests of the United States. ‘‘(g) HUMANITARIAN ASSISTANCE.— ‘‘(1) IN GENERAL.—Sanctions under this section shall not apply to— ‘‘(A) the conduct or facilitation of a transaction for the provision of agricultural commodities, food, medicine, medical devices, or humanitarian assist- ance, or for humanitarian purposes; or ‘‘(B) transactions that are necessary for or re- lated to the activities described in subparagraph (A). ‘‘(2) DEFINITIONS.—In this subsection: ‘‘(A) AGRICULTURAL COMMODITY.—The term ‘agri- cultural commodity’ has the meaning given that term in section 102 of the Agricultural Trade Act of 1978 (7 U.S.C. 5602). ‘‘(B) MEDICAL DEVICE.—The term ‘medical device’ has the meaning given the term ‘device’ in section 201 of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 321). ‘‘(C) MEDICINE.—The term ‘medicine’ has the meaning given the term ‘drug’ in section 201 of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 321). ‘‘(h) RULE OF CONSTRUCTION.—The authority to im- pose sanctions under this section with respect to a for- eign person is in addition to the authority to impose sanctions under any other provision of law with respect to a foreign person that directly or indirectly supports acts of international terrorism. Page 153 TITLE 50—WAR AND NATIONAL DEFENSE § 1701 ‘‘SEC. 4. IMPOSITION OF MEASURES WITH RE- SPECT TO FOREIGN STATES PROVIDING SUP- PORT TO HAMAS, PALESTINIAN ISLAMIC JIHAD AND OTHER PALESTINIAN TERRORIST ORGANIZATIONS. ‘‘(a) IN GENERAL.—Not later than 180 days after the date of enactment of this division [Apr. 24, 2024], the President shall impose the measures described in sub- section (c) with respect to a foreign state if the Presi- dent determines that the foreign state, on or after the date of the enactment of this division, engages in an activity described in subsection (b). ‘‘(b) ACTIVITIES DESCRIBED.—A foreign state engages in an activity described in this subsection if the foreign state knowingly— ‘‘(1) provides significant material or financial sup- port for acts of international terrorism, pursuant to— ‘‘(A) section 1754(c) of the Export Control Reform Act of 2018 (50 U.S.C. 4813(c)(1)(A)) [sic]; ‘‘(B) section 620A of the Foreign Assistance Act of 1961 (22 U.S.C. 2371); ‘‘(C) section 40 of the Arms Export Control Act (22 U.S.C. 2780); or ‘‘(D) any other provision of law; ‘‘(2) provides significant material support to Hamas, the Palestinian Islamic Jihad, Al-Aqsa Mar- tyrs Brigade, the Lion’s Den, or any affiliate or suc- cessor thereof; or ‘‘(3) engages in a significant transaction that mate- rially contributes, directly or indirectly, to the ter- rorist activities of Hamas, the Palestinian Islamic Jihad, Al-Aqsa Martyrs Brigade, the Lion’s Den, or any affiliate or successor thereof. ‘‘(c) MEASURES DESCRIBED.—The measures described in this subsection with respect to a foreign state are the following: ‘‘(1) The President shall suspend, for a period of at least 1 year, United States assistance to the foreign state. ‘‘(2) The Secretary of the Treasury shall instruct the United States Executive Director to each appro- priate international financial institution to oppose, and vote against, for a period of 1 year, the extension by such institution of any loan or financial or tech- nical assistance to the government of the foreign state. ‘‘(3) The President shall prohibit the export of any item on the United States Munitions List (estab- lished pursuant to section 38 of the Arms Export Con- trol Act (22 U.S.C. 2778)) or the Commerce Control List set forth in Supplement No. 1 to part 774 of title 15, Code of Federal Regulations, to the foreign state for a period of 1 year. ‘‘(d) PENALTIES.—The penalties provided for in sub- sections (b) and (c) of section 206 of the International Emergency Economic Powers Act (50 U.S.C. 1705) shall apply to a person that violates, attempts to violate, conspires to violate, or causes a violation of this sec- tion or any regulations promulgated to carry out this section to the same extent that such penalties apply to a person that commits an unlawful act described in sec- tion 206(a) of that Act [50 U.S.C. 1705(a)]. ‘‘(e) WAIVER.—The President may waive, on a case- by-case basis and for a period of not more than 180 days, the application of measures under this section with respect to a foreign state only if, not later than 15 days prior to the date on which the waiver is to take effect, the President submits to the appropriate con- gressional committees a written determination and justification that the waiver is in the vital national se- curity interests of the United States. ‘‘(f) IMPLEMENTATION; REGULATIONS.— ‘‘(1) IN GENERAL.—The President may exercise all authorities provided under sections 203 and 205 of the International Emergency Economic Powers Act (50 U.S.C. 1702 and 1704) for purposes of carrying out this section. ‘‘(2) REGULATIONS.—Not later than 60 days after the date of the enactment of this division, the President shall issue regulations or other guidance as may be necessary for the implementation of this section. ‘‘(g) ADDITIONAL EXEMPTIONS.— ‘‘(1) STATUS OF FORCES AGREEMENTS.—The President may exempt the application of measures under this section with respect to a foreign state if the applica- tion of such measures would prevent the United States from meeting the terms of any status of forces agreement to which the United States is a party or meeting other obligations relating to the basing of United States service members. ‘‘(2) AUTHORIZED INTELLIGENCE ACTIVITIES.—Meas- ures under this section shall not apply with respect to any activity subject to the reporting requirements under title V of the National Security Act of 1947 (50 U.S.C. 3091 et seq.) or any authorized intelligence ac- tivities of the United States. ‘‘(3) HUMANITARIAN ASSISTANCE.— ‘‘(A) IN GENERAL.—Measures under this section shall not apply to— ‘‘(i) the conduct or facilitation of a transaction for the provision of agricultural commodities, food, medicine, medical devices, or humanitarian assistance, or for humanitarian purposes; or ‘‘(ii) transactions that are necessary for or re- lated to the activities described in clause (i). ‘‘(B) DEFINITIONS.—In this subsection: ‘‘(i) AGRICULTURAL COMMODITY.—The term ‘agri- cultural commodity’ has the meaning given that term in section 102 of the Agricultural Trade Act of 1978 (7 U.S.C. 5602). ‘‘(ii) MEDICAL DEVICE.—The term ‘medical de- vice’ has the meaning given the term ‘device’ in section 201 of the Federal Food, Drug, and Cos- metic Act (21 U.S.C. 321). ‘‘(iii) MEDICINE.—The term ‘medicine’ has the meaning given the term ‘drug’ in section 201 of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 321). ‘‘(h) RULE OF CONSTRUCTION.—The authority to im- pose measures under this section with respect to a for- eign state is in addition to the authority to impose measures under any other provision of law with respect to foreign states that directly or indirectly support acts of international terrorism. ‘‘SEC. 5. REPORTS ON ACTIVITIES TO DISRUPT GLOBAL FUNDRAISING, FINANCING, AND MONEY LAUNDERING ACTIVITIES OF HAMAS, PALESTINIAN ISLAMIC JIHAD, AL-AQSA MAR- TYRS BRIGADE, THE LION’S DEN OR ANY AF- FILIATE OR SUCCESSOR THEREOF. ‘‘(a) IN GENERAL.—Not later than 90 days after the date of enactment of this division [Apr. 24, 2024], and every 180 days thereafter, the President shall submit to the appropriate congressional committees a report that includes— ‘‘(1) an assessment of the disposition of the assets and activities of Hamas, the Palestinian Islamic Jihad, Al-Aqsa Martyrs Brigade, the Lion’s Den, or any affiliate or successor thereof related to fund- raising, financing, and money laundering worldwide; ‘‘(2) a list of foreign states that knowingly pro- viding [sic] material, financial, or technical support for, or goods or services to Hamas, the Palestinian Is- lamic Jihad, Al-Aqsa Martyrs Brigade, the Lion’s Den, or any affiliate or successor thereof; ‘‘(3) a list of foreign states in which Hamas, the Palestinian Islamic Jihad, Al-Aqsa Martyrs Brigade, the Lion’s Den, or any affiliate or successor thereof conducts significant fundraising, financing, or money laundering activities; ‘‘(4) a list of foreign states from which Hamas, the Palestinian Islamic Jihad, Al-Aqsa Martyrs Brigade, the Lion’s Den, or any affiliate or successor thereof knowingly engaged in the transfer of surveillance equipment, electronic monitoring equipment, or other means to inhibit communication or the free flow of information in Gaza; and ‘‘(5) with respect to each foreign state listed in paragraph (2), (3), or (4)— Page 154 TITLE 50—WAR AND NATIONAL DEFENSE § 1701 ‘‘(A) a description of the steps the foreign state identified is taking adequate measures to restrict financial flows to Hamas, the Palestinian Islamic Jihad, Al-Aqsa Martyrs Brigade, the Lion’s Den, or any affiliates or successors thereof; and ‘‘(B) in the case of a foreign state failing to take adequate measures to restrict financial flows to Hamas, Palestinian Islamic Jihad, Al-Aqsa Martyrs Brigade, the Lion’s Den or any other designated en- tity engaged in significant act of terrorism threat- ening the peace and security of Israel— ‘‘(i) an assessment of the reasons that govern- ment is not taking adequate measures to restrict financial flows to those entities; and ‘‘(ii) a description of measures being taken by the United States Government to encourage the foreign state to restrict financial flows to those entities; and [sic] ‘‘(b) FORM.—Each report required by subsection (a) shall be submitted in unclassified form to the greatest extent possible, and may contain a classified annex. ‘‘SEC. 6. TERMINATION. ‘‘This division shall terminate on the earlier of— ‘‘(1) the date that is 7 years after the date of the en- actment of this division [Apr. 24, 2024]; or ‘‘(2) the date that is 30 days after the date on which the President certifies to the appropriate congres- sional committees that— ‘‘(A) Hamas or any successor or affiliate thereof is no longer designated as a foreign terrorist orga- nization pursuant to section 219 of the Immigration and Nationality Act (8 U.S.C. 1189); ‘‘(B) Hamas, the Palestinian Islamic Jihad, Al- Aqsa Martyrs Brigade, the Lion’s Den, and any suc- cessor or affiliate thereof are no longer subject to sanctions pursuant to— ‘‘(i) Executive Order No. 12947 [50 U.S.C. 1701 note] (January 23, 1995; relating to prohibiting transactions with terrorists who threaten to dis- rupt the Middle East peace process); and ‘‘(ii) Executive Order No. 13224 [50 U.S.C. 1701 note] (September 23, 2001; relating to blocking property and prohibiting transactions with per- sons who commit, threaten to commit, or support terrorism); and ‘‘(C) Hamas, the Palestinian Islamic Jihad, Al- Aqsa Martyrs Brigade, the Lion’s Den, and any suc- cessor or affiliate thereof meet the criteria de- scribed in paragraphs (1) through (4) of section 9 of the Palestinian Anti-Terrorism Act of 2006 [Pub. L. 109–446] (22 U.S.C. 2378b note). ‘‘SEC. 7. DEFINITIONS. ‘‘In this division: ‘‘(1) ACT OF TERRORISM.—The term ‘act of terrorism’ means an activity that— ‘‘(A) involves a violent act or an act dangerous to human life, property, or infrastructure; and ‘‘(B) appears to be intended to— ‘‘(i) intimidate or coerce a civilian population; ‘‘(ii) influence the policy of a government by in- timidation or coercion; or ‘‘(iii) affect the conduct of a government by mass destruction, assassination, kidnapping, or hostage-taking. ‘‘(2) ADMITTED.—The term ‘admitted’ has the mean- ing given such term in section 101(a)(13)(A) of the Im- migration and Nationality Act (8 U.S.C. 1101(a)(13)(A)). ‘‘(3) APPROPRIATE CONGRESSIONAL COMMITTEES.—The term ‘appropriate congressional committees’ means— ‘‘(A) the Committee on Foreign Affairs and the Committee on Financial Services of the House of Representatives; and ‘‘(B) the Committee on Foreign Relations and the Committee on Banking, Housing, and Urban Affairs of the Senate. ‘‘(4) FOREIGN STATE.—The term ‘foreign state’ has the meaning given such term in section 1603 of title 28, United States Code. ‘‘(5) HUMANITARIAN AID.—The term ‘humanitarian aid’ means food, medicine, and medical supplies. ‘‘(6) MATERIAL SUPPORT.—The term ‘material sup- port’ has the meaning given the term ‘material sup- port or resources’ in section 2339A of title 18, United States Code. ‘‘(7) UNITED STATES PERSON.—The term ‘United States person’ means— ‘‘(A) a United States citizen or an alien lawfully admitted for permanent residence to the United States; or ‘‘(B) an entity organized under the laws of the United States or of any jurisdiction within the United States, including a foreign branch of such an entity.’’ [Memorandum of President of the United States, § 4, Sept. 13, 2024, 89 F.R. 77758, provided: [(a) I hereby delegate to the Secretary of State and the Secretary of the Treasury the functions and au- thorities vested in the President by section 3(a) of the Hamas and Other Palestinian Terrorist Groups Inter- national Financing Prevention Act (Division M of Pub- lic Law 118–50) (the ‘‘Terrorist Groups International Fi- nancing Prevention Act’’) [set out above]. [(b) I hereby delegate to the Secretary of the Treas- ury the functions and authorities vested in the Presi- dent by section 3(c) of the Terrorist Groups Inter- national Financing Prevention Act. [(c) I hereby delegate to the Secretary of State the functions and authorities vested in the President by sections 3(f), 4(e), and 6 of the Terrorist Groups Inter- national Financing Prevention Act. [(d) I hereby delegate to the Secretary of State, in consultation with the Secretary of the Treasury and the heads of other relevant executive departments and agencies as the Secretary of State deems necessary, the functions and authorities vested in the President by sections 4(a) and 4(c)(1) of the Terrorist Groups Inter- national Financing Prevention Act. [(e) I hereby delegate to the Secretary of State and the Secretary of Commerce the functions and authori- ties vested in the President by section 4(c)(3) of the Terrorist Groups International Financing Prevention Act for which they are responsible under the Arms Ex- port Control Act and the Export Control Reform Act [of 2018], respectively. [(f) I hereby delegate to the Secretary of State, the Secretary of the Treasury, and the Secretary of Com- merce, commensurate with their respective areas of re- sponsibility and in consultation with the heads of other relevant executive departments and agencies as appro- priate, the functions and authorities vested in the President by section 4(f)(2) of the Terrorist Groups International Financing Prevention Act. [(g) I hereby delegate to the Secretary of State, in consultation with the Secretary of Defense, the func- tions and authorities vested in the President by section 4(g) of the Terrorist Groups International Financing Prevention Act. [(h) I hereby delegate to the Secretary of the Treas- ury, in consultation with the Secretary of State, the functions and authorities vested in the President by sections 3(e), 4(f)(1), and 5 of the Terrorist Groups Inter- national Financing Prevention Act. [J.R. Biden, Jr.] SANCTIONS WITH RESPECT TO THREATS TO CURRENT OR FORMER UNITED STATES OFFICIALS Pub. L. 118–50, div. O, § 6, Apr. 24, 2024, 138 Stat. 991, provided that: ‘‘(a) IN GENERAL.—On and after the date that is 180 days after the date of the enactment of this division [Apr. 24, 2024], the President shall impose the sanctions described in subsection (b) with respect to any foreign person the President determines has, on or after such date of enactment, ordered, directed, or taken material steps to carry out any use of violence or has attempted or threatened to use violence against any current or former official of the Government of the United States. ‘‘(b) SANCTIONS DESCRIBED.—The sanctions described in this subsection are the following: Page 155 TITLE 50—WAR AND NATIONAL DEFENSE § 1701 ‘‘(1) INADMISSIBILITY TO UNITED STATES.—In the case of a foreign person who is an individual— ‘‘(A) ineligibility to receive a visa to enter the United States or to be admitted to the United States; or ‘‘(B) if the individual has been issued a visa or other documentation, revocation, in accordance with section 221(i) of the Immigration and Nation- ality Act (8 U.S.C. 1201(i)), of the visa or other docu- mentation. ‘‘(2) BLOCKING OF PROPERTY.—The blocking, in ac- cordance with the International Emergency Eco- nomic Powers Act (50 U.S.C. 1701 et seq.), of all trans- actions in all property and interests in property of a foreign person if such property and interests in prop- erty are in the United States, come within the United States, or are or come within the possession or con- trol of a United States person. ‘‘(c) ENFORCEMENT OF BLOCKING OF PROPERTY.—A per- son that violates, attempts to violate, conspires to vio- late, or causes a violation of a sanction described in subsection (b)(2) that is imposed by the President or any regulation, license, or order issued to carry out such a sanction 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 com- mits an unlawful act described in subsection (a) of that section. ‘‘(d) WAIVER.—The President may waive the applica- tion of sanctions under this section for renewable peri- ods not to exceed 180 days if the President— ‘‘(1) determines that such a waiver is in the vital national security interests of the United States; and ‘‘(2) not less than 15 days before the granting of the waiver, submits to the appropriate congressional committees a notice of and justification for the waiv- er. ‘‘(e) TERMINATION AND SUNSET.— ‘‘(1) TERMINATION OF SANCTIONS.—The President may terminate the application of sanctions under this section with respect to a person if the President determines and reports to the appropriate congres- sional committees not later than 15 days before the termination of the sanctions that— ‘‘(A) credible information exists that the person did not engage in the activity for which sanctions were imposed; ‘‘(B) the person has credibly demonstrated a sig- nificant change in behavior, has paid an appro- priate consequence for the activity for which sanc- tions were imposed, and has credibly committed to not engage in an activity described in subsection (a) in the future; or ‘‘(C) the termination of the sanctions is in the vital national security interests of the United States. ‘‘(2) SUNSET.—The requirement to impose sanctions under this section shall terminate on the date that is 4 years after the date of the enactment of this divi- sion. ‘‘(f) APPROPRIATE CONGRESSIONAL COMMITTEES DE- FINED.—In this section, the term ‘appropriate congres- sional committees’ means— ‘‘(1) the Committee on Foreign Affairs and the Committee on the Judiciary; and ‘‘(2) the Committee on Foreign Relations and the Committee on the Judiciary.’’ [Memorandum of President of the United States, § 6(b), (c), Sept. 13, 2024, 89 F.R. 77758, 77759, provided: [(b) I hereby delegate to the Secretary of the Treas- ury and the Secretary of State, in consultation with the Attorney General, the functions and authorities vested in the President by sections 6(a) and 6(e)(1) of the Countering Use of Human Shields Act [meaning section 6(a) and (e)(1) of the ‘‘Strengthening Tools to Counter the Use of Human Shields Act’’, div. O of Pub. L. 118–50, set out above]. [(c) I hereby delegate to the Secretary of State the functions and authorities vested in the President by section 6(d) of the Countering Use of Human Shields Act. [J.R. Biden, Jr.] ILLICIT CAPTAGON TRAFFICKING SUPPRESSION Pub. L. 118–50, div. P, Apr. 24, 2024, 138 Stat. 992, pro- vided that: ‘‘SEC. 1. SHORT TITLE. ‘‘This division may be cited as the ‘Illicit Captagon Trafficking Suppression Act of 2023’. ‘‘SEC. 2. FINDINGS. ‘‘Congress finds the following: ‘‘(1) Industrial scale production of the amphet- amine-type stimulant also known as captagon, and the illicit production of precursor chemicals, in terri- tories held by the regime of President Bashar al Assad in Syria are becoming more sophisticated and pose a severe challenge to regional and international security. ‘‘(2) Elements of the Government of Syria are key drivers of illicit trafficking in captagon, with min- isterial-level complicity in production and smug- gling, using other armed groups such as Hizballah for technical and logistical support in captagon produc- tion and trafficking. ‘‘(3) As affiliates of the Government of Syria and other actors seek to export captagon, they undermine regional security by empowering a broad range of criminal networks, militant groups, mafia syn- dicates, and autocratic governments. ‘‘SEC. 3. STATEMENT OF POLICY. ‘‘It is the policy of the United States to target indi- viduals, entities, and networks associated with the Government of Syria to dismantle and degrade the transnational criminal organizations, including nar- cotics trafficking networks, associated with the regime of President Bashar al Assad in Syria and Hizballah. ‘‘SEC. 4. IMPOSITION OF SANCTIONS WITH RE- SPECT TO ILLICIT CAPTAGON TRAFFICKING. ‘‘(a) IN GENERAL.—The sanctions described in sub- section (b) shall be imposed with respect to any foreign person the President determines, on or after the date of enactment of this division [Apr. 24, 2024]— ‘‘(1) engages in, or attempts to engage in, activities or transactions that have materially contributed to, or pose a significant risk of materially contributing to, the illicit production and international illicit pro- liferation of captagon; or ‘‘(2) knowingly receives any property or interest in property that the foreign person knows— ‘‘(A) constitutes or is derived from proceeds of ac- tivities or transactions that have materially con- tributed to, or pose a significant risk of materially contributing to, the illicit production and inter- national illicit proliferation of captagon; or ‘‘(B) was used or intended to be used to commit or to facilitate activities or transactions that have materially contributed to, or pose a significant risk of materially contributing to, the illicit production and international illicit proliferation of captagon. ‘‘(b) SANCTIONS DESCRIBED.—The sanctions described in this subsection are the following: ‘‘(1) BLOCKING OF PROPERTY.—The President shall exercise all authorities granted under the Inter- national Emergency Economic Powers Act (50 U.S.C. 1701 et seq.) to the extent necessary to block and pro- hibit all transactions in property and interests in property of the foreign person if such property and interests in property are in the United States, come within the United States, or come within the posses- sion or control of a United States person. ‘‘(2) INELIGIBILITY FOR VISAS, ADMISSION, OR PA- ROLE.— ‘‘(A) VISAS, ADMISSION, OR PAROLE.—An alien de- scribed in subsection (a) shall be— ‘‘(i) inadmissible to the United States; ‘‘(ii) ineligible to receive a visa or other docu- mentation to enter the United States; and Page 156 TITLE 50—WAR AND NATIONAL DEFENSE § 1701 ‘‘(iii) otherwise ineligible to be admitted or pa- roled into the United States or to receive any other benefit under the Immigration and Nation- ality Act (8 U.S.C. 1101 et seq.). ‘‘(B) CURRENT VISAS REVOKED.— ‘‘(i) IN GENERAL.—The visa or other entry docu- mentation of any alien described in subsection (a) is subject to revocation regardless of the issue date of the visa or other entry documentation. ‘‘(ii) IMMEDIATE EFFECT.—A revocation under clause (i) shall, in accordance with section 221(i) of the Immigration and Nationality Act (8 U.S.C. 1201(i))— ‘‘(I) take effect immediately; and ‘‘(II) cancel any other valid visa or entry doc- umentation that is in the possession of the alien. ‘‘(c) PENALTIES.—Any person that violates, or at- tempts to violate, subsection (b) or any regulation, li- cense, or order issued pursuant to that subsection, shall be subject to the penalties set forth in subsections (b) and (c) of section 206 of the International Emer- gency Economic Powers Act (50 U.S.C. 1705) to the same extent as a person that commits an unlawful act de- scribed in subsection (a) of that section. ‘‘(d) WAIVER.— ‘‘(1) IN GENERAL.—The President may waive the ap- plication of sanctions under this section with respect to a foreign person only if, not later than 15 days prior to the date on which the waiver is to take ef- fect, the President submits to the appropriate con- gressional committees a written determination and justification that the waiver is important to the na- tional security interests of the United States. ‘‘(2) BRIEFING.—Not later than 60 days after the issuance of a waiver under paragraph (1), and every 180 days thereafter while the waiver remains in ef- fect, the President shall brief the appropriate con- gressional committees on the reasons for the waiver. ‘‘(e) IMPLEMENTATION.—The President may exercise all authorities provided under sections 203 and 205 of the International Emergency Economic Powers Act (50 U.S.C. 1702 and 1704) to carry out this section. ‘‘(f) REGULATIONS.— ‘‘(1) IN GENERAL.—The President shall, not later than 120 days after the date of the enactment of this division [Apr. 24, 2024], promulgate regulations as necessary for the implementation of this section. ‘‘(2) NOTIFICATION TO CONGRESS.—Not later than 10 days before the promulgation of regulations under this subsection, the President shall notify the appro- priate congressional committees of the proposed reg- ulations and the provisions of this section that the regulations are implementing. ‘‘(g) EXCEPTIONS.— ‘‘(1) EXCEPTION FOR INTELLIGENCE ACTIVITIES.—Sanc- tions under this section shall not apply to any activ- ity subject to the reporting requirements under title V of the National Security Act of 1947 (50 U.S.C. 3091 et seq.) or any authorized intelligence activities of the United States. ‘‘(2) EXCEPTION TO COMPLY WITH INTERNATIONAL OB- LIGATIONS AND FOR LAW ENFORCEMENT ACTIVITIES.— Sanctions under this section shall not apply with re- spect to an alien if admitting or paroling the alien into the United States is necessary— ‘‘(A) to permit the United States to comply with the Agreement regarding the Headquarters of the United Nations, signed at Lake Success June 26, 1947, and entered into force November 21, 1947, be- tween the United Nations and the United States, or other applicable international obligations; or ‘‘(B) to carry out or assist authorized law enforce- ment activity in the United States. ‘‘(3) HUMANITARIAN ASSISTANCE.— ‘‘(A) IN GENERAL.—Sanctions under this division shall not apply to— ‘‘(i) the conduct or facilitation of a transaction for the provision of agricultural commodities, food, medicine, medical devices, humanitarian as- sistance, or for humanitarian purposes; or ‘‘(ii) transactions that are necessary for or re- lated to the activities described in clause (i). ‘‘(B) DEFINITIONS.—In this subsection: ‘‘(i) AGRICULTURAL COMMODITY.—The term ‘agri- cultural commodity’ has the meaning given that term in section 102 of the Agricultural Trade Act of 1978 (7 U.S.C. 5602). ‘‘(ii) MEDICAL DEVICE.—The term ‘medical de- vice’ has the meaning given the term ‘device’ in section 201 of the Federal Food, Drug, and Cos- metic Act (21 U.S.C. 321). ‘‘(iii) MEDICINE.—The term ‘medicine’ has the meaning given the term ‘drug’ in section 201 of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 321). ‘‘SEC. 5. DETERMINATIONS WITH RESPECT TO THE GOVERNMENT OF SYRIA, HIZBALLAH, AND NETWORKS AFFILIATED WITH THE GOVERN- MENT OF SYRIA OR HIZBALLAH. ‘‘(a) IN GENERAL.—Not later than 180 days after the date of the enactment of this division [Apr. 24, 2024], the President shall— ‘‘(1) determine whether each foreign person de- scribed in subsection (b) meets the criteria for sanc- tions under this division; and ‘‘(2) submit to the appropriate congressional com- mittees a report containing— ‘‘(A) a list of all foreign persons described in sub- section (b) that meet the criteria for imposition of sanctions under this division; ‘‘(B) for each foreign person identified pursuant to subparagraph (A), a statement of whether sanc- tions have been imposed or will be imposed within 30 days of the submission of the report; and ‘‘(C) with respect to any person identified pursu- ant to subparagraph (A) for whom sanctions have not been imposed and will not be imposed within 30 days of the submission of the report, the specific authority under which otherwise applicable sanc- tions are being waived, have otherwise been deter- mined not to apply, or are not being imposed and a complete justification of the decision to waive or otherwise not apply such sanctions. ‘‘(b) FOREIGN PERSONS DESCRIBED.—The foreign per- sons described in this subsection are the following: ‘‘(1) Maher Al Assad. ‘‘(2) Imad Abu Zureiq. ‘‘(3) Amer Taysir Khiti. ‘‘(4) Taher al-Kayyali. ‘‘(5) Raji Falhout. ‘‘(6) Mohammed Asif Issa Shalish. ‘‘(7) Abdellatif Hamid. ‘‘(8) Mustafa Al Masalmeh. ‘‘SEC. 6. DEFINITIONS. ‘‘In this division: ‘‘(1) APPROPRIATE CONGRESSIONAL COMMITTEES.—The term ‘appropriate congressional committees’ means— ‘‘(A) the Committee on Foreign Affairs, the Com- mittee on Financial Services, and the Committee on the Judiciary of the House of Representatives; and ‘‘(B) the Committee on Foreign Relations, the Committee on Banking, Housing, and Urban Af- fairs, and the Committee on the Judiciary of the Senate. ‘‘(2) CAPTAGON.—The term ‘captagon’ means any compound, mixture, or preparation which contains any quantity of a stimulant in schedule I or II of sec- tion 202 of the Controlled Substances Act (21 U.S.C. 812), including— ‘‘(A) amphetamine, methamphetamine, and fenethylline; ‘‘(B) any immediate precursor or controlled sub- stance analogue of such a stimulant, as defined in section 102 of the Controlled Substances Act (21 U.S.C. 802); and ‘‘(C) any isomers, esters, ethers, salts, and salts of isomers, esters, and ethers of such a stimulant, whenever the existence of such isomers, esters, Page 157 TITLE 50—WAR AND NATIONAL DEFENSE § 1701 ethers, and salts is possible within the specific chemical designation. ‘‘(3) FOREIGN PERSON.—The term ‘foreign person’— ‘‘(A) means an individual or entity that is not a United States person; and ‘‘(B) includes a foreign state (as such term is de- fined in section 1603 of title 28, United States Code). ‘‘(4) ILLICIT PROLIFERATION.—The term ‘illicit pro- liferation’ refers to any illicit activity to produce, manufacture, distribute, sell, or knowingly finance or transport. ‘‘(5) KNOWINGLY.—The term ‘knowingly’ has the meaning given that term in section 14 of the Iran Sanctions Act of 1996 (Public Law 104–172; 50 U.S.C. 1701 note). ‘‘(6) UNITED STATES PERSON.—The term ‘United States person’ means— ‘‘(A) a United States citizen; ‘‘(B) a permanent resident alien of the United States; ‘‘(C) an entity organized under the laws of the United States or of any jurisdiction within the United States, including a foreign branch of such an entity; or ‘‘(D) a person in the United States.’’ [Memorandum of President of the United States, § 7, Sept. 13, 2024, 89 F.R. 77759, provided: [(a) I hereby delegate to the Secretary of the Treas- ury, in consultation with the Secretary of State, the functions and authorities vested in the President by sections 4(a), 4(b)(1), 4(e), 4(f), and 5 of the Illicit Captagon Trafficking Suppression Act of 2023 (Division P of Public Law 118–50) (the ‘‘Captagon Suppression Act’’) [set out above]. [(b) I hereby delegate to the Secretary of State the functions and authorities vested in the President by section 4(d)(1) of the Captagon Suppression Act. [(c) I hereby delegate to the Secretary of State, in consultation with the Secretary of the Treasury, the functions and authorities vested in the President by section 4(d)(2) of the Captagon Suppression Act. [J.R. Biden, Jr.] BANKING TRANSPARENCY FOR SANCTIONED PERSONS ACT OF 2022 Pub. L. 117–263, div. E, title LVII, § 5706, Dec. 23, 2022, 136 Stat. 3418, provided that: ‘‘(a) IN GENERAL.—Not later than 1 year after the date of the enactment of this Act [Dec. 23, 2022], and an- nually thereafter, the Secretary of the Treasury shall issue a report to the Committees on Financial Services and Foreign Affairs of the House of Representatives and the Committees on Banking, Housing, and Urban Affairs and Foreign Relations of the Senate that in- cludes a list of specific licenses issued by the Secretary in the preceding 365 days that authorizes a U.S. finan- cial institution (as defined under section 561.309 of title 31, Code of Federal Regulations) to provide financial services to any of the following: ‘‘(1) The government of a state sponsor of ter- rorism. ‘‘(2) A person sanctioned pursuant to any of the fol- lowing: ‘‘(A) Section 404 of the Russia and Moldova Jack- son-Vanik Repeal and Sergei Magnitsky Rule of Law Accountability Act of 2012 (Public Law 112–208) [22 U.S.C. 5811 note]. ‘‘(B) Subtitle F of title XII of the National De- fense Authorization Act for Fiscal Year 2017 (Public Law 114–328, the Global Magnitsky Human Rights Accountability Act) [22 U.S.C. 10101 et seq.]. ‘‘(C) Executive Order No. 13818 [listed in a table below]. ‘‘(b) SUBMISSION OF COPIES OF LICENSES ON REQUEST.— The Secretary of the Treasury shall expeditiously pro- vide a copy of any license identified in a report re- quired by subsection (a) to the Committee on Financial Services of the House of Representatives and the Com- mittee on Banking, Housing, and Urban Affairs of the Senate if an appropriate Member of Congress requests a copy of that license not later than 60 days after sub- mission of the report. ‘‘(c) BUSINESS CONFIDENTIAL INFORMATION.— ‘‘(1) IN GENERAL.—The Secretary of the Treasury shall, in the report under subsection (a) and any sub- missions under subsection (b), identify any propri- etary information submitted by any private sector representative and mark such information as ‘busi- ness confidential information’. ‘‘(2) TREATMENT AS TRADE SECRETS.—Business con- fidential information described under paragraph (1) shall be considered to be a matter falling within the meaning of trade secrets and commercial or financial information exemption under section 552(b)(4) of title 5, United States Code, and shall be exempt from dis- closure under such section 552 of such title without the express approval of the private party. ‘‘(d) AUTHORIZATION OF APPROPRIATIONS.—For the purpose of carrying out the activities authorized under this section, there is authorized to be appropriated to the Secretary of the Treasury $1,000,000. ‘‘(e) SUNSET.—The section shall cease to have any force or effect after the end of the 5-year period begin- ning on the date of enactment of this Act [Dec. 23, 2022]. ‘‘(f) FORM OF REPORT AND SUBMISSIONS.—A report or submission required under this section shall be sub- mitted in unclassified form but may contain a classi- fied annex. ‘‘(g) APPROPRIATE MEMBER OF CONGRESS DEFINED.—In this section, the term ‘appropriate Member of Congress’ has the meaning given that term under section 7132(d) of the National Defense Authorization Act for Fiscal Year 2020 [22 U.S.C. 9265a(d)].’’ SANCTIONING THE USE OF CIVILIANS AS DEFENSELESS SHIELDS Pub. L. 118–50, div. O, § 2, Apr. 24, 2024, 138 Stat. 988, provided that: ‘‘It shall be the policy of the United States to fully implement and enforce sanctions against terrorist organizations and other malign actors that use innocent civilians as human shields.’’ Pub. L. 115–348, Dec. 21, 2018, 132 Stat. 5055, as amend- ed by Pub. L. 118–50, div. O, § 3, Apr. 24, 2024, 138 Stat. 988, provided that: ‘‘SECTION 1. SHORT TITLE. ‘‘This Act may be cited as the ‘Sanctioning the Use of Civilians as Defenseless Shields Act’. ‘‘SEC. 2. STATEMENT OF POLICY. ‘‘It shall be the policy of the United States to offi- cially and publicly condemn the use of innocent civil- ians as human shields. ‘‘SEC. 3. IMPOSITION OF SANCTIONS WITH RE- SPECT TO FOREIGN PERSONS THAT ARE RE- SPONSIBLE FOR THE USE OF CIVILIANS AS HUMAN SHIELDS. ‘‘(a) IMPOSITION OF SANCTIONS.— ‘‘(1) MANDATORY SANCTIONS.—The President shall impose sanctions described in subsection (d) with re- spect to each person on the list required under sub- section (b). ‘‘(2) PERMISSIVE SANCTIONS.—The President may im- pose sanctions described in subsection (d) with re- spect to each person on the list described in sub- section (c). ‘‘(b) MANDATORY SANCTIONS LIST.—Not later than one year after the date of the enactment of this Act [Dec. 21, 2018], and annually thereafter, the President shall submit to the appropriate congressional committees a list of the following: ‘‘(1) Each foreign person that the President deter- mines, on or after the date of the enactment of this Act— ‘‘(A) is a member of Hizballah or is knowingly acting on behalf of Hizballah; and ‘‘(B) knowingly orders, controls, or otherwise di- rects the use of civilians protected as such by the law of war to shield military objectives from at- tack. Page 158 TITLE 50—WAR AND NATIONAL DEFENSE § 1701 ‘‘(2) Each foreign person that the President deter- mines, on or after the date of the enactment of this Act— ‘‘(A) is a member of Hamas or is knowingly acting on behalf of Hamas; and ‘‘(B) knowingly orders, controls, or otherwise di- rects the use of civilians protected as such by the law of war to shield military objectives from at- tack. ‘‘(3) Each foreign person that the President deter- mines, on or after the date of the enactment of the Strengthening Tools to Counter the Use of Human Shields Act [Apr. 24, 2024]— ‘‘(A) is a member of Palestine Islamic Jihad or is knowingly acting on behalf of Palestine Islamic Jihad; and ‘‘(B) knowingly orders, controls, or otherwise di- rects the use of civilians protected as such by the law of war to shield military objectives from at- tack. ‘‘(4) Each foreign person or agency or instrumen- tality of a foreign state that the President deter- mines, on or after the date of the enactment of this Act, knowingly and materially supports, orders, con- trols, directs, or otherwise engages in— ‘‘(A) any act described in subparagraph (B) of paragraph (1) by a person described in that para- graph; or ‘‘(B) any act described in subparagraph (B) of paragraph (2) by a person described in that para- graph. ‘‘(c) PERMISSIVE SANCTIONS LIST.—Not later than one year after the date of the enactment of this Act [Dec. 21, 2018], and annually thereafter, the President should submit to the appropriate congressional committees a list of each foreign person that the President deter- mines, on or after the date of the enactment of this Act, knowingly orders, controls, or otherwise directs the use of civilians protected as such by the law of war to shield military objectives from attack, excluding foreign persons included in the most recent list under subsection (b). ‘‘(d) SANCTIONS DESCRIBED.—The sanctions to be im- posed on a foreign person or an agency or instrumen- tality of a foreign state under this subsection are the following: ‘‘(1) BLOCKING OF PROPERTY.—The President shall exercise all of the powers granted to the President under the International Emergency Economic Powers Act (50 U.S.C. 1701 et seq.) to the extent necessary to block and prohibit all transactions in property and interests in property of the foreign person or agency or instrumentality of a foreign state if such property or 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. ‘‘(2) ALIENS INELIGIBLE FOR VISAS, ADMISSION, OR PA- ROLE.— ‘‘(A) VISAS, ADMISSION, OR PAROLE.—An alien who the Secretary of State or the Secretary of Home- land Security determines is subject to sanctions under subsection (a) is— ‘‘(i) inadmissible to the United States; ‘‘(ii) ineligible to receive a visa or other docu- mentation to enter the United States; and ‘‘(iii) otherwise ineligible to be admitted or pa- roled into the United States or to receive any other benefit under the Immigration and Nation- ality Act (8 U.S.C. 1101 et seq.). ‘‘(B) CURRENT VISAS REVOKED.—Any visa or other documentation issued to an alien who is subject to sanctions under subsection (a), regardless of when such visa or other documentation was issued, shall be revoked and such alien shall be denied admission to the United States. ‘‘(C) EXCEPTION TO COMPLY WITH UNITED NATIONS HEADQUARTERS AGREEMENT AND OTHER INTER- NATIONAL OBLIGATIONS.—The sanctions under this paragraph shall not be imposed on an individual if admitting such individual to the United States is necessary to permit the United States to comply with the Agreement regarding the Headquarters of the United Nations, signed at Lake Success June 26, 1947, and entered into force November 21, 1947, be- tween the United Nations and the United States, or with other applicable international obligations. ‘‘(e) CONGRESSIONAL REQUESTS.—Not later than 120 days after receiving a request from the chairman and ranking member of one of the appropriate congres- sional committees with respect to whether a foreign person meets the criteria of a person described in sub- section (b) or (c), the President shall— ‘‘(1) determine if the person meets such criteria; and ‘‘(2) submit a written justification to the chairman and ranking member detailing whether or not the President imposed or intends to impose sanctions de- scribed in subsection (b) or (c) with respect to such person. ‘‘(f) PENALTIES.—The penalties provided for in sub- sections (b) and (c) of section 206 of the International Emergency Economic Powers Act (50 U.S.C. 1705) shall apply to a person that knowingly violates, attempts to violate, conspires to violate, or causes a violation of regulations prescribed to carry out this section to the same extent that such penalties apply to a person that knowingly commits an unlawful act described in sec- tion 206(a) of such Act. ‘‘(g) PROCEDURES FOR JUDICIAL REVIEW OF CLASSIFIED INFORMATION.— ‘‘(1) IN GENERAL.—If a finding under this section, or a prohibition, condition, or penalty imposed as a re- sult of any such finding, is based on classified infor- mation (as defined in section 1(a) of the Classified In- formation Procedures Act (18 U.S.C. App.)) and a court reviews the finding or the imposition of the prohibition, condition, or penalty, the President may submit such information to the court ex parte and in camera. ‘‘(2) RULE OF CONSTRUCTION.—Nothing in this sub- section shall be construed to confer or imply any right to judicial review of any finding under this sec- tion or any prohibition, condition, or penalty im- posed as a result of any such finding. ‘‘(h) WAIVER.—The President may waive the applica- tion of sanctions under this section if the President de- termines and reports to the appropriate congressional committees that such waiver is in the national security interest of the United States. ‘‘(i) REGULATORY AUTHORITY.— ‘‘(1) IN GENERAL.—The President may exercise all authorities under sections 203 and 205 of the Inter- national Emergency Economic Powers Act (50 U.S.C. 1702 and 1704) for purposes of carrying out this sec- tion. ‘‘(2) ISSUANCE OF REGULATIONS.—Not later than 180 days after the date of the enactment of this Act [Dec. 21, 2018], the President shall prescribe such regula- tions as may be necessary to implement this section. ‘‘(j) RULE OF CONSTRUCTION.—Nothing in this section may be construed— ‘‘(1) to limit the authorities of the President pursu- ant to the International Emergency Economic Pow- ers Act (50 U.S.C. 1701 et seq.) or any other relevant provision of law; or ‘‘(2) to apply with respect to any activity subject to the reporting requirements under title V of the Na- tional Security Act of 1947 (50 U.S.C. 3091 et seq.), or to any authorized intelligence activities of the United States. ‘‘SEC. 4. DEFINITIONS. ‘‘In this Act: ‘‘(1) ADMITTED; ALIEN.—The terms ‘admitted’ and ‘alien’ have the meanings given those terms in sec- tion 101 of the Immigration and Nationality Act (8 U.S.C. 1101). ‘‘(2) AGENCY OR INSTRUMENTALITY OF A FOREIGN STATE.—The term ‘agency or instrumentality of a for- eign state’ has the meaning given that term in sec- tion 1603(b) of title 28, United States Code. Page 159 TITLE 50—WAR AND NATIONAL DEFENSE § 1701 ‘‘(3) APPROPRIATE CONGRESSIONAL COMMITTEES.—In this section, the term ‘appropriate congressional committees’ means— ‘‘(A) the Committee on Banking, Housing, and Urban Affairs, the Committee on Foreign Rela- tions, and the Committee on the Judiciary of the Senate; and ‘‘(B) the Committee on Financial Services, the Committee on Foreign Affairs, and the Committee on the Judiciary of the House of Representatives. ‘‘(4) FOREIGN PERSON.—The term ‘foreign person’ means— ‘‘(A) any citizen or national of a foreign state, wherever located; or ‘‘(B) any entity not organized solely under the laws of the United States or existing solely in the United States. ‘‘(5) HAMAS.—The term ‘Hamas’ means— ‘‘(A) the entity known as Hamas and designated by the Secretary of State as a foreign terrorist or- ganization pursuant to section 219 of the Immigra- tion and Nationality Act (8 U.S.C. 1189); or ‘‘(B) any person identified as an agent or instru- mentality of Hamas on the list of specially des- ignated nationals and blocked persons maintained by the Office of Foreign Asset Control of the De- partment of the Treasury, the property or interests in property of which are blocked pursuant to the International Emergency Economic Powers Act (50 U.S.C. 1701 et seq.). ‘‘(6) HIZBALLAH.—The term ‘Hizballah’ means— ‘‘(A) the entity known as Hizballah and des- ignated by the Secretary of State as a foreign ter- rorist organization pursuant to section 219 of the Immigration and Nationality Act (8 U.S.C. 1189); or ‘‘(B) any person identified as an agent or instru- mentality of Hizballah on the list of specially des- ignated nationals and blocked persons maintained by the Office of Foreign Asset Control of the De- partment of the Treasury, the property or interests in property of which are blocked pursuant to the International Emergency Economic Powers Act (50 U.S.C. 1701 et seq.). ‘‘(7) PALESTINE ISLAMIC JIHAD.—The term ‘Palestine Islamic Jihad’ means— ‘‘(A) the entity known as Palestine Islamic Jihad and designated by the Secretary of State as a for- eign terrorist organization pursuant to section 219 of the Immigration and Nationality Act (8 U.S.C. 1189); or ‘‘(B) any person identified as an agent or instru- mentality of Palestine Islamic Jihad on the list of specially designated nationals and blocked persons maintained by the Office of Foreign Asset Control of the Department of the Treasury, the property or interests in property of which are blocked pursuant to the International Emergency Economic Powers Act (50 U.S.C. 1701 et seq.). ‘‘(8) UNITED STATES PERSON.—The term ‘United States person’ means any United States citizen, per- manent resident alien, entity organized under the laws of the United States (including foreign branches), or any person in the United States. ‘‘SEC. 5. SUNSET. ‘‘This Act shall cease to be effective on December 31, 2030. ‘‘SEC. 6. SEVERABILITY. ‘‘If any provision of this Act, or the application of such provision to any person or circumstance, is found to be unconstitutional, the remainder of this Act, or the application of that provision to other persons or circumstances, shall not be affected.’’ [Memorandum of President of the United States, May 24, 2019, 84 F.R. 27697, delegated to the Secretary of State the functions and authorities vested in the Presi- dent by section 3(g) of Pub. L. 115–348, set out above, and delegated to the Secretary of the Treasury, in con- sultation with the Secretary of State, the functions and authorities vested in the President by section 3(a), (b), (c), (d)(1), and (h) of Pub. L. 115–348, and any future Act that is the same or substantially the same as such provisions.] NICARAGUA INVESTMENT CONDITIONALITY Pub. L. 117–54, §§ 5, 6, 14, Nov. 10, 2021, 135 Stat. 416, 417, 422, provided that: ‘‘SEC. 5. TARGETED SANCTIONS TO ADVANCE DEMOCRATIC ELECTIONS. ‘‘(a) COORDINATED STRATEGY.— ‘‘(1) IN GENERAL.—The Secretary of State and the Secretary of the Treasury, in consultation with the intelligence community (as defined in section 3 of the National Security Act of 1947 (50 U.S.C. 3003)), shall develop and implement a coordinated strategy to align diplomatic engagement efforts with the imple- mentation of targeted sanctions in order to support efforts to facilitate the necessary conditions for free, fair, and transparent elections in Nicaragua. ‘‘(2) BRIEFING REQUIRED.—Not later than 90 days after the date of the enactment of this Act [Nov. 10, 2021], and every 90 days thereafter until December 31, 2022, the Secretary of State and the Secretary of the Treasury shall brief the Committee on Foreign Rela- tions of the Senate and the Committee on Foreign Af- fairs of the House of Representatives on steps to be taken by the United States Government to develop and implement the coordinated strategy required by paragraph (1). ‘‘(b) TARGETED SANCTIONS PRIORITIZATION.— ‘‘(1) IN GENERAL.—Pursuant to the coordinated strategy required by subsection (a), the President shall prioritize the implementation of the targeted sanctions required under section 5 of the Nicaragua Investment Conditionality Act of 2018 [Pub. L. 115–335, set out below]. ‘‘(2) TARGETS.—In carrying out paragraph (1), the President— ‘‘(A) shall examine whether foreign persons in- volved in directly or indirectly obstructing the es- tablishment of conditions necessary for the realiza- tion of free, fair, and transparent elections in Nica- ragua are subject to sanctions under section 5 of the Nicaragua Investment Conditionality Act of 2018; and ‘‘(B) should, in particular, examine whether the following persons have engaged in conduct subject to such sanctions: ‘‘(i) Officials in the government of President Daniel Ortega. ‘‘(ii) Family members of President Daniel Or- tega. ‘‘(iii) High-ranking members of the National Nicaraguan Police. ‘‘(iv) High-ranking members of the Nicaraguan Armed Forces. ‘‘(v) Members of the Supreme Electoral Council of Nicaragua. ‘‘(vi) Officials of the Central Bank of Nicaragua. ‘‘(vii) Party members and elected officials from the Sandinista National Liberation Front and their family members. ‘‘(viii) Individuals or entities affiliated with businesses engaged in corrupt financial trans- actions with officials in the government of Presi- dent Daniel Ortega, his party, or his family. ‘‘(ix) Individuals identified in the report re- quired by section 8 [135 Stat. 418] as involved in significant acts of public corruption in Nicaragua. ‘‘SEC. 6. DEVELOPING AND IMPLEMENTING A CO- ORDINATED SANCTIONS STRATEGY WITH DIP- LOMATIC PARTNERS. ‘‘(a) FINDINGS.—Congress makes the following find- ings: ‘‘(1) On June 21, 2019, the Government of Canada, pursuant to its Special Economic Measures Act, des- ignated 9 officials of the Government of Nicaragua for the imposition of sanctions in response to gross and systematic human rights violations in Nicaragua. Page 160 TITLE 50—WAR AND NATIONAL DEFENSE § 1701 ‘‘(2) On May 4, 2020, the European Union imposed sanctions with respect to 6 officials of the Govern- ment of Nicaragua identified as responsible for seri- ous human rights violations and for the repression of civil society and democratic opposition in Nicaragua. ‘‘(3) On October 12, 2020, the European Union ex- tended its authority to impose restrictive measures on ‘persons and entities responsible for serious human rights violations or abuses or for the repres- sion of civil society and democratic opposition in Nicaragua, as well as persons and entities whose ac- tions, policies or activities otherwise undermine de- mocracy and the rule of law in Nicaragua, and per- sons associated with them’. ‘‘(b) SENSE OF CONGRESS.—It is the sense of Congress that the United States should encourage the Govern- ment of Canada, the European Union and governments of members [sic] countries of the European Union, and governments of countries in Latin America and the Caribbean to use targeted sanctions with respect to persons involved in human rights violations and the ob- struction of free, fair, and transparent elections in Nicaragua. ‘‘(c) COORDINATING INTERNATIONAL SANCTIONS.—The Secretary of State, working through the head of the Of- fice of Sanctions Coordination established by section 1(h) [now section 1(l)] of the State Department Basic Authorities Act of 1956 (22 U.S.C. 2651a(h) [now 22 U.S.C. 2651a(l)]), and in consultation with the Secretary of the Treasury, shall engage in diplomatic efforts with gov- ernments of countries that are partners of the United States, including the Government of Canada, govern- ments of countries in the European Union, and govern- ments of countries in Latin America and the Carib- bean, to impose targeted sanctions with respect to the persons described in section 5(b) in order to advance democratic elections in Nicaragua. ‘‘(d) BRIEFING REQUIREMENT.—Not later than 90 days after the date of the enactment of this Act [Nov. 10, 2021], and every 90 days thereafter until December 31, 2022, the Secretary of State, in consultation with the Secretary of the Treasury, shall brief the Committee on Foreign Relations of the Senate and the Committee on Foreign Affairs of the House of Representatives on the implementation of this section. ‘‘SEC. 14. DEFINITION. ‘‘In this Act [see Short Title of 2021 Amendment note set out above], the term ‘Nicaragua Investment Condi- tionality Act of 2018’ means the Public Law 115–335 (50 U.S.C. 1701 note), as amended by section 13.’’ Pub. L. 115–335, Dec. 20, 2018, 132 Stat. 5019, as amend- ed by Pub. L. 117–54, §§ 4, 13, Nov. 10, 2021, 135 Stat. 415, 421, provided that: ‘‘SECTION 1. SHORT TITLE; TABLE OF CONTENTS. ‘‘(a) SHORT TITLE.—This Act may be cited as the ‘Nicaragua Investment Conditionality Act of 2018’ or the ‘NICA Act’. ‘‘(b) TABLE OF CONTENTS.—[Omitted.] ‘‘SEC. 2. SENSE OF CONGRESS ON ADVANCING A NEGOTIATED SOLUTION TO NICARAGUA’S CRI- SIS. ‘‘It is the sense of Congress that— ‘‘(1) credible negotiations between the Government of Nicaragua and representatives of Nicaragua’s civil society, student movement, private sector, and polit- ical opposition, mediated by the Catholic Church in Nicaragua, represent the best opportunity to reach a peaceful solution to the current political crisis that includes— ‘‘(A) a commitment to hold early elections that meet democratic standards and permit credible international electoral observation; ‘‘(B) the cessation of the violence perpetrated against civilians by the National Police of Nica- ragua and by armed groups supported by the Gov- ernment of Nicaragua; and ‘‘(C) independent investigations into the killings of protesters; and ‘‘(2) negotiations between the Government of Nica- ragua and representatives of Nicaragua’s civil soci- ety, student movement, private sector, and political opposition, mediated by the Catholic Church in Nica- ragua, have not resulted in an agreement as of the date of the enactment of this Act [Dec. 20, 2018] be- cause the Government of Nicaragua has failed to credibly participate in the process. ‘‘SEC. 3. STATEMENT OF POLICY. ‘‘It is the policy of the United States to support— ‘‘(1) the rule of law and an independent judiciary and electoral council in Nicaragua; ‘‘(2) democratic governance in Nicaragua; ‘‘(3) free and fair elections overseen by credible do- mestic and international observers in Nicaragua; and ‘‘(4) anti-corruption and transparency efforts in Nicaragua. ‘‘SEC. 4. RESTRICTIONS ON INTERNATIONAL FI- NANCIAL INSTITUTIONS RELATING TO NICA- RAGUA. ‘‘(a) SENSE OF CONGRESS.—It is the sense of Congress that the Secretary of the Treasury should take all pos- sible steps, including through the full implementation of the exceptions set forth in subsection (c), to ensure that the restrictions required under subsection (b) do not negatively impact the basic human needs of the people of Nicaragua. ‘‘(b) RESTRICTIONS.—The Secretary of the Treasury shall— ‘‘(1) instruct the United States Executive Director at each international financial institution of the World Bank Group to use the voice, vote, and influ- ence of the United States to oppose the extension by the International Finance Corporation of any loan or financial or technical assistance to the Government of Nicaragua for a project in Nicaragua; ‘‘(2) instruct the United States Executive Director of the Inter-American Development Bank to use the voice, vote, and influence of the United States to op- pose the extension by the Bank of any loan or finan- cial or technical assistance to the Government of Nicaragua for a project in Nicaragua; and ‘‘(3) instruct the United States Executive Director of each other international financial institution, in- cluding the International Monetary Fund, to work with other key donor countries to develop a coherent policy approach to future engagements with and lend- ing to the Government of Nicaragua, in a manner that will advance human rights, including the full restoration of the rights guaranteed to the people of Nicaragua through the commitments made by the Government of Nicaragua as a signatory of the Inter- national Covenant on Civil and Political Rights. ‘‘(c) EXCEPTIONS FOR BASIC HUMAN NEEDS AND DEMOC- RACY PROMOTION.—The restrictions under paragraphs (1) and (2) of subsection (b) shall not apply with respect to any loan or financial or technical assistance pro- vided to address basic human needs or to promote de- mocracy in Nicaragua. ‘‘(d) INCREASED OVERSIGHT.— ‘‘(1) IN GENERAL.—The United States Executive Di- rector at each international financial institution of the World Bank Group, the United States Executive Director at the Inter-American Development Bank, and the United States Executive Director at each other international financial institution, including the International Monetary Fund, shall take all prac- ticable steps— ‘‘(A) to increase scrutiny of any loan or financial or technical assistance provided for a project in Nicaragua; and ‘‘(B) to ensure that the loan or assistance is ad- ministered through an entity with full technical, administrative, and financial independence from the Government of Nicaragua. ‘‘(2) MECHANISMS FOR INCREASED SCRUTINY.—The United States Executive Director at each inter- national financial institution described in paragraph (1) shall use the voice, vote, and influence of the Page 161 TITLE 50—WAR AND NATIONAL DEFENSE § 1701 United States to encourage that institution to in- crease oversight mechanisms for new and existing loans or financial or technical assistance provided for a project in Nicaragua. ‘‘(e) INTERAGENCY CONSULTATION.—Before imple- menting the restrictions described in subsection (b), or before exercising an exception under subsection (c), the Secretary of the Treasury shall consult with the Sec- retary of State and with the Administrator of the United States Agency for International Development to ensure that all loans and financial or technical assist- ance to Nicaragua are consistent with United States foreign policy objectives as defined in section 3. ‘‘(f) REPORT.—Not later than 180 days after the date of the enactment of the RENACER Act [Nov. 10, 2021], and annually thereafter until the termination date specified in section 10, the Secretary of the Treasury, in coordination with the Secretary of State and the Ad- ministrator of the United States Agency for Inter- national Development, shall submit to the appropriate congressional committees a report on the implementa- tion of this section, which shall include— ‘‘(1) summary of any loans and financial and tech- nical assistance provided by international financial institutions for projects in Nicaragua; ‘‘(2) a description of the implementation of the re- strictions described in subsection (b); ‘‘(3) an identification of the occasions in which the exceptions under subsection (c) are exercised and an assessment of how the loan or assistance provided with each such exception may address basic human needs or promote democracy in Nicaragua; ‘‘(4) a description of the results of the increased oversight conducted under subsection (d); and ‘‘(5) a description of international efforts to address the humanitarian needs of the people of Nicaragua. ‘‘SEC. 5. IMPOSITION OF TARGETED SANCTIONS WITH RESPECT TO NICARAGUA. ‘‘(a) IN GENERAL.—The President shall impose the sanctions described in subsection (c) with respect to any foreign person, including any current or former of- ficial of the Government of Nicaragua or any person acting on behalf of that Government, that the Presi- dent determines— ‘‘(1) to be responsible for or complicit in, or respon- sible for ordering, controlling, or otherwise directing, or to have knowingly participated in, directly or indi- rectly, any activity described in subsection (b); ‘‘(2) to be a leader of— ‘‘(A) an entity that has, or whose members have, engaged in any activity described in subsection (b); or ‘‘(B) an entity whose property and interests in property are blocked under subsection (c)(1)(A) as a result of activities related to the tenure of the lead- er; ‘‘(3) to have knowingly materially assisted, spon- sored, or provided financial, material, or techno- logical support for, or goods or services in support of— ‘‘(A) an activity described in subsection (b); or ‘‘(B) a person whose property and interests in property are blocked under subsection (c)(1)(A); or ‘‘(4) to be owned or controlled by, or to have know- ingly acted or purported to act for or on behalf of, di- rectly or indirectly, any person whose property and interests in property are blocked under subsection (c)(1)(A). ‘‘(b) ACTIVITIES DESCRIBED.—An activity described in this subsection is any of the following in or in relation to Nicaragua on or after April 18, 2018: ‘‘(1) Significant acts of violence or conduct that constitutes a serious abuse or violation of human rights against persons associated with the protests in Nicaragua that began on April 18, 2018. ‘‘(2) Significant actions or policies that undermine democratic processes or institutions. ‘‘(3) Acts of significant corruption by or on behalf of the Government of Nicaragua or a current or former official of the Government of Nicaragua, in- cluding— ‘‘(A) the expropriation of private or public assets for personal gain or political purposes; ‘‘(B) corruption related to government contracts; ‘‘(C) bribery; or ‘‘(D) the facilitation or transfer of the proceeds of corruption. ‘‘(4) The arrest or prosecution of a person, including an individual or media outlet disseminating informa- tion to the public, primarily because of the legiti- mate exercise by such person of the freedom of speech, assembly, or the press. ‘‘(c) SANCTIONS DESCRIBED.— ‘‘(1) IN GENERAL.—The sanctions described in this subsection are the following: ‘‘(A) ASSET BLOCKING.—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 in- terests 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. ‘‘(B) EXCLUSION FROM THE UNITED STATES AND REV- OCATION OF VISA OR OTHER DOCUMENTATION.—In the case of an alien determined by the President to be subject to subsection (a), denial of a visa to, and ex- clusion from the United States of, the alien, and revocation in accordance with section 221(i) of the Immigration and Nationality Act (8 U.S.C. 1201(i)), of any visa or other documentation of the alien. ‘‘(2) PENALTIES.—A person that violates, attempts to violate, conspires to violate, or causes a violation of a measure imposed pursuant to paragraph (1)(A) or any regulation, license, or order issued to carry out paragraph (1)(A) 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 com- mits an unlawful act described in subsection (a) of that section. ‘‘(3) EXCEPTION RELATING TO IMPORTATION OF GOODS.—The requirement to block and prohibit all transactions in all property and interests in property under paragraph (1)(A) shall not include the author- ity to impose sanctions on the importation of goods. ‘‘(4) EXCEPTION TO COMPLY WITH UNITED NATIONS HEADQUARTERS AGREEMENT.—Sanctions under para- graph (1)(B) shall not apply to an alien if admitting the alien into the United States is necessary to per- mit the United States to comply with the Agreement regarding the Headquarters of the United Nations, signed at Lake Success June 26, 1947, and entered into force November 21, 1947, between the United Nations and the United States, or other applicable inter- national obligations. ‘‘(d) IMPLEMENTATION; REGULATORY AUTHORITY.— ‘‘(1) IMPLEMENTATION.—The President may exercise all authorities provided under sections 203 and 205 of the International Emergency Economic Powers Act (50 U.S.C. 1702 and 1704) to carry out this section. ‘‘(2) REGULATORY AUTHORITY.—The President shall issue such regulations, licenses, and orders as are necessary to carry out this section. ‘‘SEC. 6. ANNUAL CERTIFICATION AND WAIVER. ‘‘(a) CERTIFICATION.—Not later than 180 days after the date of the enactment of this Act [Dec. 20, 2018], and an- nually thereafter, the Secretary of State shall submit to the appropriate congressional committees a report certifying whether the Government of Nicaragua is taking effective steps— ‘‘(1) to strengthen the rule of law and democratic governance, including the independence of the judi- cial system and electoral council; ‘‘(2) to combat corruption, including by inves- tigating and prosecuting cases of public corruption; Page 162 TITLE 50—WAR AND NATIONAL DEFENSE § 1701 ‘‘(3) to protect civil and political rights, including the rights of freedom of the press, speech, and asso- ciation, for all people of Nicaragua, including polit- ical opposition parties, journalists, trade unionists, human rights defenders, indigenous peoples, and other civil society activists; ‘‘(4) to investigate and hold accountable officials of the Government of Nicaragua and other persons re- sponsible for the killings of individuals associated with the protests in Nicaragua that began on April 18, 2018; and ‘‘(5) to hold free and fair elections overseen by cred- ible domestic and international observers[.] ‘‘(b) WAIVER.— ‘‘(1) TEMPORARY GENERAL WAIVER.—If the Secretary certifies to the appropriate congressional committees under subsection (a) that the Government of Nica- ragua is taking effective steps as described in that subsection, the President may waive the application of the restrictions under section 4 and sanctions under section 5 for a period of not more than one year beginning on the date of the certification. ‘‘(2) NATIONAL INTEREST WAIVER.—The President may waive the application of the restrictions under section 4 and sanctions under section 5 if the Presi- dent— ‘‘(A) determines that such a waiver is in the na- tional interest of the United States; and ‘‘(B) submits to the appropriate congressional committees a notice of and justification for the waiver. ‘‘(3) SENSE OF CONGRESS.—It is the sense of Congress that the President should exercise the waiver author- ity provided under paragraph (1) if the Secretary of State certifies under subsection (a) that the Govern- ment of Nicaragua is taking effective steps as de- scribed in that subsection. ‘‘(c) CONSULTATION.—In preparing a certification re- quired by subsection (a), the Secretary shall consult with the appropriate congressional committees. ‘‘(d) ANNUAL BRIEFING.—The Secretary shall annually brief the appropriate congressional committees on whether the Government of Nicaragua is taking effec- tive steps as described in subsection (a). ‘‘SEC. 7. REPORT ON HUMAN RIGHTS VIOLATIONS AND CORRUPTION IN NICARAGUA. ‘‘(a) IN GENERAL.—Not later than 180 days after the date of the enactment of this Act, the Secretary of State, acting through the Assistant Secretary of State for Intelligence and Research, and in coordination with the Secretary of the Treasury and the Director of Na- tional Intelligence, shall submit to the appropriate congressional committees a report on— ‘‘(1) the involvement of senior officials of the Gov- ernment of Nicaragua, including members of the Su- preme Electoral Council, the National Assembly, and the judicial system, in human rights violations, acts of significant corruption, and money laundering; and ‘‘(2) persons that transfer, or facilitate the transfer of, goods or technologies for use in or with respect to Nicaragua, that are used by the Government of Nica- ragua to commit serious human rights violations against the people of Nicaragua. ‘‘(b) FORM.—The report required by subsection (a) may be classified. ‘‘SEC. 8. CIVIL SOCIETY ENGAGEMENT STRATEGY. ‘‘Not later than 90 days after the date of the enact- ment of this Act, the Secretary of State shall brief the appropriate congressional committees on a strategy— ‘‘(1) for engaging relevant elements of civil society in Nicaragua, including independent media, human rights, and anti-corruption organizations, to strengthen rule of law and increase accountability for human rights abuses and corruption in Nicaragua; and ‘‘(2) setting forth measures to support the protec- tion of human rights and anti-corruption advocates in Nicaragua. ‘‘SEC. 9. REFORM OF WESTERN HEMISPHERE DRUG POLICY COMMISSION. [Amended section 603(f)(1) of Pub. L. 114–323, which is not classified to the Code.] ‘‘SEC. 10. TERMINATION. ‘‘The provisions of this Act (other than section 9) shall terminate on December 31, 2023. ‘‘SEC. 11. DEFINITIONS. ‘‘In this Act: ‘‘(1) APPROPRIATE CONGRESSIONAL COMMITTEES.—The term ‘appropriate congressional committees’ means— ‘‘(A) the Committee on Foreign Relations, the Committee on Banking, Housing, and Urban Af- fairs, and the Committee on Appropriations of the Senate; and ‘‘(B) the Committee on Foreign Affairs, the Com- mittee on Financial Services, and the Committee on Appropriations of the House of Representatives. ‘‘(2) GOOD.—The term ‘good’ means any article, nat- ural or manmade substance, material, supply or man- ufactured product, including inspection and test equipment, and excluding technical data. ‘‘(3) PERSON.—The term ‘person’ means an indi- vidual or entity. ‘‘(4) UNITED STATES PERSON.—The term ‘United States person’ means any United States citizen, per- manent resident alien, entity organized under the laws of the United States or any jurisdiction within the United States (including a foreign branch of such an entity), or any person in the United States.’’ [Memorandum of President of the United States, May 24, 2019, 84 F.R. 27695, delegated to the Secretary of the Treasury, in consultation with the Secretary of State, the functions and authorities vested in the President by section 5(a) of Pub. L. 115–335, set out above, with re- spect to making a determination under the standards set forth in sections 5(a)(1)–(4); to the Secretary of the Treasury the functions and authorities vested in the President by section 5(a), with respect to the imposi- tion of the sanctions in section 5(c)(1)(A) following a determination by the Secretary of the Treasury under section 5(a); to the Secretary of the Treasury, in con- sultation with the Secretary of State, the functions and authorities vested in the President by section 5(d); to the Secretary of State the functions and authorities vested in the President by section 5(a), with respect to the imposition of the sanctions in section 5(c)(1)(B) fol- lowing a determination by the Secretary of the Treas- ury under section 5(a); and to the Secretary of State, in consultation with the Secretary of the Treasury, the functions and authorities vested in the President by section 6(b). A reference to a provision of Pub. L. 115–335 so delegated is deemed to refer to a provision of any future Act that is the same or substantially the same.] POLICY REGARDING IMPOSITION OF SANCTIONS WITH RE- SPECT TO AFFILIATED NETWORKS OF HIZBALLAH FOR TRANSNATIONAL CRIMINAL ACTIVITIES Pub. L. 115–272, title II, § 201(a), Oct. 25, 2018, 132 Stat. 4150, provided that: ‘‘It is the policy of the United States to determine if individuals and entities that are designated by the United States Government on or after the date of the enactment of this Act [Oct. 25, 2018] as being associated with Hizballah are engaged in transnational organized crime or related activities on or after such date of enactment.’’ HIZBALLAH INTERNATIONAL FINANCING PREVENTION Pub. L. 114–102, Dec. 18, 2015, 129 Stat. 2205, as amend- ed by Pub. L. 115–272, title I, §§ 101(a), 102–103(a), 104(a), title II, §§ 201(b), (c), 202(a), 203(a), title III, § 302(a), (c), Oct. 25, 2018, 132 Stat. 4144, 4146, 4147, 4149–4152, 4155, 4156; Pub. L. 117–263, div. F, title LXVIII, § 6811(e), Dec. 23, 2022, 136 Stat. 3601, provided that: ‘‘SECTION 1. SHORT TITLE; TABLE OF CONTENTS. ‘‘(a) SHORT TITLE.—This Act may be cited as the ‘Hizballah International Financing Prevention Act of 2015’. Page 163 TITLE 50—WAR AND NATIONAL DEFENSE § 1701 ‘‘(b) TABLE OF CONTENTS.—[Omitted.] ‘‘SEC. 2. STATEMENT OF POLICY. ‘‘It shall be the policy of the United States to— ‘‘(1) prevent Hizballah’s global logistics and finan- cial network from operating in order to curtail fund- ing of its domestic and international activities; and ‘‘(2) utilize all available diplomatic, legislative, and executive avenues to combat the global criminal ac- tivities of Hizballah as a means to block that organi- zation’s ability to fund its global terrorist activities. ‘‘TITLE I—PREVENTION OF ACCESS BY HIZBALLAH TO INTERNATIONAL FINANCIAL AND OTHER INSTITUTIONS ‘‘SEC. 101. MANDATORY SANCTIONS WITH RESPECT TO FUNDRAISING AND RECRUITMENT ACTIVI- TIES FOR HIZBALLAH. ‘‘(a) IN GENERAL.—The President shall, on or after the date of the enactment of the Hizballah International Financing Prevention Amendments Act of 2018 [Oct. 25, 2018], impose the sanctions described in subsection (b) with respect to any foreign person that the President determines knowingly provides significant financial, material, or technological support for or to— ‘‘(1) Bayt al-Mal, Jihad al-Bina, the Islamic Resist- ance Support Association, the Foreign Relations De- partment of Hizballah, the External Security Organi- zation of Hizballah, or any successor or affiliate thereof as designated by the President; ‘‘(2) al-Manar TV, al Nour Radio, or the Lebanese Media Group, or any successor or affiliate thereof as designated by the President; ‘‘(3) a foreign person determined by the President to be engaged in fundraising or recruitment activities for Hizballah; or ‘‘(4) a foreign person owned or controlled by a per- son described in paragraph (1), (2), or (3). ‘‘(b) SANCTIONS DESCRIBED.—The sanctions described in this subsection are the following: ‘‘(1) ASSET BLOCKING.—The exercise of all powers granted to the President by the International Emer- gency Economic Powers Act (50 U.S.C. 1701 et seq.) (except that the requirements of section 202 of such Act (50 U.S.C. 1701) shall not apply) to the extent nec- essary to block and prohibit all transactions in all property and interests in property of a foreign person determined by the President to be subject to sub- section (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 con- trol of a United States person. ‘‘(2) ALIENS INELIGIBLE FOR VISAS, ADMISSION, OR PA- ROLE.— ‘‘(A) VISAS, ADMISSION, OR PAROLE.—An alien who the Secretary of State or the Secretary of Home- land Security (or designee of one of such Secre- taries) determines is subject to subsection (a) is— ‘‘(i) inadmissible to the United States; ‘‘(ii) ineligible to receive a visa or other docu- mentation to enter the United States; and ‘‘(iii) otherwise ineligible to be admitted or pa- roled into the United States or to receive any other benefit under the Immigration and Nation- ality Act (8 U.S.C. 1101 et seq.). ‘‘(B) CURRENT VISAS REVOKED.— ‘‘(i) IN GENERAL.—The Secretary of State or the Secretary of Homeland Security (or designee of one of such Secretaries) shall revoke any visa or other entry documentation issued to an alien who the President determines is subject to subsection (a), regardless of when issued. ‘‘(ii) EFFECT OF REVOCATION.—A revocation under clause (i) shall take effect immediately and shall automatically cancel any other valid visa or entry documentation that is in the possession of the alien. ‘‘(c) WAIVER.— ‘‘(1) IN GENERAL.—The President may, for periods not to exceed 180 days, waive the imposition of sanc- tions under this section if the President certifies to the appropriate congressional committees that such waiver is in the national security interests of the United States. ‘‘(2) BRIEFING.—Not later than 30 days after the issuance of a waiver under paragraph (1) with respect to a foreign person, and every 180 days thereafter while the waiver remains in effect, the President shall brief the appropriate congressional committees on the status of the involvement of the foreign person in activities described in subsection (a). ‘‘(d) DEFINITIONS.—In this section: ‘‘(1) ADMITTED; ALIEN.—The terms ‘admitted’ and ‘alien’ have meanings given those terms in section 101 of the Immigration and Nationality Act (8 U.S.C. 1101). ‘‘(2) APPROPRIATE CONGRESSIONAL COMMITTEES.—The term ‘appropriate congressional committees’ means— ‘‘(A) the Committee on Foreign Affairs, the Com- mittee on Ways and Means, the Committee on the Judiciary, the Committee on Financial Services, and the Permanent Select Committee on Intel- ligence of the House of Representatives; and ‘‘(B) the Committee on Foreign Relations, the Committee on Finance, the Committee on Banking, Housing, and Urban Affairs, the Committee on the Judiciary, and the Select Committee on Intel- ligence of the Senate. ‘‘(3) ENTITY.—The term ‘entity’ means a partner- ship, association, corporation, or other organization, group, or subgroup. ‘‘(4) FOREIGN PERSON.—The term ‘foreign person’ means any person that is not a United States person. ‘‘(5) HIZBALLAH.—The term ‘Hizballah’ has the meaning given such term in section 102(e). ‘‘(6) PERSON.—The term ‘person’ means an indi- vidual or entity. ‘‘(7) UNITED STATES PERSON.—The term ‘United States person’ means a United States citizen, an alien lawfully admitted for permanent residence, an entity organized under the laws of the United States (including foreign branches), or a person in the United States. ‘‘SEC. 102. SANCTIONS WITH RESPECT TO FINAN- CIAL INSTITUTIONS THAT ENGAGE IN CERTAIN TRANSACTIONS. ‘‘(a) PROHIBITIONS AND CONDITIONS WITH RESPECT TO CERTAIN ACCOUNTS HELD BY FOREIGN FINANCIAL INSTI- TUTIONS.— ‘‘(1) IN GENERAL.—Not later than 120 days after the date of the enactment of this Act [Dec. 18, 2015], the President shall prescribe regulations to prohibit, or impose strict conditions on, the opening or maintain- ing in the United States of a correspondent account or a payable-through account by a foreign financial institution that the President determines, on or after such date of enactment, engages in an activity de- scribed in paragraph (2). ‘‘(2) ACTIVITIES DESCRIBED.—A foreign financial in- stitution engages in an activity described in this paragraph if the foreign financial institution— ‘‘(A) knowingly facilitates a significant trans- action or transactions for Hizballah; ‘‘(B) knowingly facilitates a significant trans- action or transactions of a person identified on the list of specially designated nationals and blocked persons maintained by the Office of Foreign Assets Control of the Department of the Treasury and 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.) for acting on behalf of or at the direction of, or being owned or controlled by, Hizballah; ‘‘(C) knowingly engages in money laundering to carry out an activity described in subparagraph (A) or (B); or ‘‘(D) knowingly facilitates a significant trans- action or transactions or provides significant finan- cial services to carry out an activity described in subparagraph (A), (B), or (C). Page 164 TITLE 50—WAR AND NATIONAL DEFENSE § 1701 ‘‘(b) WAIVER.— ‘‘(1) IN GENERAL.—The President may waive, on a case-by-case basis, the application of a prohibition or condition imposed with respect to a foreign financial institution pursuant to subsection (a) for a period of not more than 180 days, and may renew the waiver for additional periods of not more than 180 days, on and after the date on which the President— ‘‘(A) determines that such a waiver is in the na- tional security interests of the United States; and ‘‘(B) submits to the appropriate congressional committees a report describing the reasons for such determination. ‘‘(2) FORM.—The report required by paragraph (1)(B) shall be submitted in unclassified form, but may con- tain a classified annex. ‘‘(c) SPECIAL RULE TO ALLOW FOR TERMINATION OF SANCTIONABLE ACTIVITY.—The President shall not be re- quired to apply sanctions to a foreign financial institu- tion described in subsection (a) if the President cer- tifies in writing to the appropriate congressional com- mittees that— ‘‘(1) the foreign financial institution— ‘‘(A) is no longer engaging in the activity de- scribed in subsection (a)(2); or ‘‘(B) has taken and is continuing to take signifi- cant verifiable steps toward terminating the activ- ity described in that subsection; and ‘‘(2) the President has received reliable assurances from the government with primary jurisdiction over the foreign financial institution that the foreign fi- nancial institution will not engage in any activity described in subsection (a)(2) in the future. ‘‘(d) REPORT ON FINANCIAL INSTITUTIONS ORGANIZED UNDER THE LAWS OF STATE SPONSORS OF TERRORISM.— ‘‘(1) IN GENERAL.—Not later than 180 days after the date of the enactment of the Hizballah International Financing Prevention Amendments Act of 2018 [Oct. 25, 2018], and every 2 years thereafter for a period not to exceed 4 years, the President shall submit to the appropriate congressional committees a report that— ‘‘(A) identifies each foreign financial institution described in paragraph (2) that the President deter- mines engages in one or more activities described in subsection (a)(2); and ‘‘(B) provides a detailed description of each such activity. ‘‘(2) FOREIGN FINANCIAL INSTITUTION DESCRIBED.— ‘‘(A) IN GENERAL.—A foreign financial institution described in this paragraph is a foreign financial in- stitution— ‘‘(i) that, wherever located, is— ‘‘(I) organized under the laws of a state spon- sor of terrorism or any jurisdiction within a state sponsor of terrorism; ‘‘(II) owned or controlled by the government of a state sponsor of terrorism; ‘‘(III) located in the territory of a state spon- sor of terrorism; or ‘‘(IV) owned or controlled by a foreign finan- cial institution described in subclause (I), (II), or (III); and ‘‘(ii) the capitalization of which exceeds $10,000,000. ‘‘(B) STATE SPONSOR OF TERRORISM DEFINED.—In this paragraph, the term ‘state sponsor of ter- rorism’ means a country the government of which the Secretary of State has determined is a govern- ment that has repeatedly provided support for acts of international terrorism for purposes of— ‘‘(i) section 1754(c) of the Export Control Re- form Act of 2018 [50 U.S.C. 4813(c)]; ‘‘(ii) section 620A of the Foreign Assistance Act of 1961 (22 U.S.C. 2371); ‘‘(iii) section 40 of the Arms Export Control Act (22 U.S.C. 2780); or ‘‘(iv) any other provision of law. ‘‘(e) DEFINITIONS.— ‘‘(1) IN GENERAL.—In this section: ‘‘(A) ACCOUNT; CORRESPONDENT ACCOUNT; PAYABLE- THROUGH ACCOUNT.—The terms ‘account’, ‘cor- respondent account’, and ‘payable-through account’ have the meanings given those terms in section 5318A of title 31, United States Code. ‘‘(B) APPROPRIATE CONGRESSIONAL COMMITTEES.— The term ‘appropriate congressional committees’ means— ‘‘(i) the Committee on Foreign Affairs and the Committee on Financial Services of the House of Representatives; and ‘‘(ii) the Committee on Foreign Relations and the Committee on Banking, Housing, and Urban Affairs of the Senate. ‘‘(C) FINANCIAL INSTITUTION.—The term ‘financial institution’ means a financial institution specified in subparagraph (A), (B), (C), (D), (E), (F), (G), (H), (I), (J), (K), (M), (N), (P), (R), (T), (Y), or (Z) of sec- tion 5312(a)(2) of title 31, United States Code. ‘‘(D) FOREIGN FINANCIAL INSTITUTION.—The term ‘foreign financial institution’ has the meaning given that term in section 1010.605 of title 31, Code of Federal Regulations. ‘‘(E) HIZBALLAH.—The term ‘Hizballah’ means— ‘‘(i) the entity known as Hizballah and des- ignated by the Secretary of State as a foreign ter- rorist organization pursuant to section 219 of the Immigration and Nationality Act (8 U.S.C. 1189); or ‘‘(ii) any person— ‘‘(I) the property or interests in property of which are blocked pursuant to the Inter- national Emergency Economic Powers Act (50 U.S.C. 1701 et seq.); and ‘‘(II) who is identified on the list of specially designated nationals and blocked persons main- tained by the Office of Foreign Assets Control of the Department of the Treasury as an agent, instrumentality, or affiliate of Hizballah. ‘‘(F) MONEY LAUNDERING.—The term ‘money laun- dering’ includes the movement of illicit cash or cash equivalent proceeds into, out of, or through a country, or into, out of, or through a financial in- stitution. ‘‘(2) OTHER DEFINITIONS.—The President may fur- ther define the terms used in this section in the regu- lations prescribed under this section. ‘‘SEC. 103. SANCTIONS AGAINST CERTAIN AGEN- CIES AND INSTRUMENTALITIES OF FOREIGN STATES. ‘‘(a) SANCTIONS.— ‘‘(1) IN GENERAL.—Not later than 180 days after the date of the enactment of the Hizballah International Financing Prevention Amendments Act of 2018 [Oct. 25, 2018], and as appropriate thereafter, the President shall impose the sanctions described in paragraph (3) with respect to an agency or instrumentality of a for- eign state described in paragraph (2). ‘‘(2) AGENCY OR INSTRUMENTALITY OF A FOREIGN STATE DESCRIBED.—An agency or instrumentality of a foreign state is described in this paragraph if the President determines that the agency or instrumen- tality has, on or after the date of the enactment of the Hizballah International Financing Prevention Amendments Act of 2018, knowingly— ‘‘(A) conducted significant joint combat oper- ations with, or significantly supported combat op- erations of, Hizballah; or ‘‘(B) provided significant financial support for or to, or significant arms or related materiel to, Hizballah. ‘‘(3) SANCTIONS DESCRIBED.—The sanctions described in this paragraph are the exercise of all powers grant- ed to the President by the International Emergency Economic Powers Act (50 U.S.C. 1701 et seq.) (except that the requirements of section 202 of such Act (50 U.S.C. 1701) shall not apply) to the extent necessary to block and prohibit all transactions in all property and interests in property of an agency or instrumen- tality of a foreign state if such property and interests in property are in the United States, come within the Page 165 TITLE 50—WAR AND NATIONAL DEFENSE § 1701 United States, or are or come within the possession or control of a United States person. ‘‘(b) WAIVER.— ‘‘(1) IN GENERAL.—The President may, for periods not to exceed 180 days, waive the imposition of sanc- tions under this section with respect to an agency or instrumentality of a foreign state if the President certifies to the appropriate congressional committees that such waiver is vital to the national security in- terests of the United States. ‘‘(2) BRIEFING.—Not later than 30 days after the issuance of a waiver under paragraph (1) with respect to an agency or instrumentality of a foreign state, and every 180 days thereafter while the waiver re- mains in effect, the President shall brief the appro- priate congressional committees on the status of the involvement of the agency or instrumentality in ac- tivities described in subsection (a)(2). ‘‘(c) SPECIAL RULE.—The President shall not be re- quired to impose sanctions under this section with re- spect to an agency or instrumentality of a foreign state if the Secretary certifies in writing to the appropriate congressional committees that— ‘‘(1) the agency or instrumentality— ‘‘(A) is no longer engaging in activities described in subsection (a)(2); or ‘‘(B) has taken and is continuing to take signifi- cant verifiable steps toward terminating such ac- tivities; and ‘‘(2) the President has received reliable assurances from the government of the foreign state that the agency or instrumentality will not engage in any ac- tivity described in subsection (a)(2) in the future. ‘‘(d) DEFINITIONS.—In this section: ‘‘(1) AGENCY OR INSTRUMENTALITY OF A FOREIGN STATE.—The term ‘agency or instrumentality of a for- eign state’ has the meaning given the term in section 1603(b) of title 28, United States Code. ‘‘(2) APPROPRIATE CONGRESSIONAL COMMITTEES.—The term ‘appropriate congressional committees’ means— ‘‘(A) the Committee on Foreign Affairs, the Com- mittee on Financial Services, the Committee on Ways and Means, the Committee on the Judiciary, the Committee on Appropriations, and the Perma- nent Select Committee on Intelligence of the House of Representatives; and ‘‘(B) the Committee on Foreign Relations, the Committee on Banking, Housing, and Urban Af- fairs, the Committee on the Judiciary, Committee on Finance, Committee on Appropriations, and the Select Committee on Intelligence of the Senate. ‘‘(3) ARMS OR RELATED MATERIEL.—The term ‘arms or related materiel’ means— ‘‘(A) nuclear, biological, chemical, or radiological weapons or materials or components of such weap- ons; ‘‘(B) ballistic or cruise missile weapons or mate- rials or components of such weapons; and ‘‘(C) destabilizing numbers and types of advanced conventional weapons. ‘‘(4) HIZBALLAH.—The term ‘Hizballah’ has the meaning given such term in section 102(e). ‘‘(5) UNITED STATES PERSON.—The term ‘United States person’ has the meaning given such term in section 101(d). ‘‘SEC. 104. DIPLOMATIC INITIATIVES TO PREVENT HOSTILE ACTIVITIES BY IRAN AND DISRUPT AND DEGRADE HIZBALLAH’S ILLICIT NET- WORKS. ‘‘Not later than 180 days after the date of the enact- ment of the Hizballah International Financing Preven- tion Amendments Act of 2018 [Oct. 25, 2018], the Presi- dent shall instruct the Secretary of State, in consulta- tion with the Secretary of the Treasury, to increase co- operation with foreign governments to assist in strengthening the capacity of such governments to pre- vent hostile activity by Iran and disrupt and degrade Hizballah’s illicit activities, including diplomatic en- gagement that involves— ‘‘(1) efforts to target and expose illicit finance net- works, arrest perpetrators, freeze assets, and address Iran and Hizballah’s use of illicit financial networks using international trade and banking systems; ‘‘(2) efforts to assist willing governments with the development of counter-organized crime legislation, the strengthening of financial investigative capacity, and a fully-vetted counter-organized crime judicial model in jurisdictions plagued with corruption; and ‘‘(3) efforts to persuade governments to list Hizballah as a terrorist organization. ‘‘SEC. 105. IMPLEMENTATION; PENALTIES; JUDI- CIAL REVIEW; EXEMPTIONS; RULE OF CON- STRUCTION. ‘‘(a) IMPLEMENTATION.—The President may exercise all authorities provided under sections 203 and 205 of the International Emergency Economic Powers Act (50 U.S.C. 1702 and 1704) to carry out sections 101, 102, 103, and 201 of this Act. ‘‘(b) PENALTIES.—The penalties provided for in sub- sections (b) and (c) of section 206 of the International Emergency Economic Powers Act (50 U.S.C. 1705) shall apply to a person that violates, attempts to violate, conspires to violate, or causes a violation of regula- tions prescribed to carry out section 101, 102, 103, or 201 of this Act to the same extent that such penalties apply to a person that commits an unlawful act de- scribed in subsection (a) of such section 206. ‘‘(c) PROCEDURES FOR JUDICIAL REVIEW OF CLASSIFIED INFORMATION.— ‘‘(1) IN GENERAL.—If a finding under section 101, 102, 103, or 201 of this Act, or a prohibition, condition, or penalty imposed as a result of any such finding, is based on classified information (as defined in section 1(a) of the Classified Information Procedures Act (18 U.S.C. App.)) and a court reviews the finding or the imposition of the prohibition, condition, or penalty, the President may submit such information to the court ex parte and in camera. ‘‘(2) RULE OF CONSTRUCTION.—Nothing in this sub- section shall be construed to confer or imply any right to judicial review of any finding under section 101, 102, 103, or 201 of this Act, or any prohibition, condition, or penalty imposed as a result of any such finding. ‘‘(d) EXEMPTIONS.—The following activities shall be exempt from sections 101, 102, 103, and 201 of this Act: ‘‘(1) Any authorized intelligence, law enforcement, or national security activities of the United States. ‘‘(2) Any transaction necessary to comply with United States obligations under the Agreement be- tween the United Nations and the United States of America regarding the Headquarters of the United States, signed at Lake Success June 26, 1947, and en- tered into force November 21, 1947, or the Convention on Consular Relations, done at Vienna April 24, 1963, and entered into force March 19, 1967, or any other United States international agreement. ‘‘(e) RULE OF CONSTRUCTION.—Nothing in section 101, 102, 103, or 201 of this Act shall be construed to limit the authority of the President under the International Emergency Economic Powers Act (50 U.S.C. 1701 et seq.) or under any other provision of law. ‘‘(f) EXCEPTION RELATING TO IMPORTATION OF GOODS.— ‘‘(1) IN GENERAL.—The authorities and requirements to impose sanctions under this Act shall not include the authority or requirement to impose sanctions on the importation of goods. ‘‘(2) DEFINITION.—In this subsection, the term ‘good’ means any article, natural or manmade substance, material, supply or manufactured product, including Page 166 TITLE 50—WAR AND NATIONAL DEFENSE § 1701 inspection and test equipment, and excluding tech- nical data. ‘‘TITLE II—SANCTIONS AND REPORTS RELATING TO NARCOTICS TRAFFICKING AND SIGNIFICANT TRANSNATIONAL CRIMINAL ACTIVITIES OF HIZBALLAH ‘‘SEC. 201. IMPOSITION OF SANCTIONS WITH RE- SPECT TO AFFILIATED NETWORKS OF HIZBALLAH FOR TRANSNATIONAL CRIMINAL ACTIVITIES. ‘‘(a) IN GENERAL.—The President shall, on or after the date of the enactment of the Hizballah International Financing Prevention Amendments Act of 2018 [Oct. 25, 2018], impose the sanctions described in subsection (b) with respect to affiliated networks of Hizballah, includ- ing, as appropriate, by reason of significant transnational criminal activities engaged in by such networks. ‘‘(b) SANCTIONS DESCRIBED.—The sanctions described in this subsection are sanctions applicable with respect to Hizballah pursuant to any provision of law, includ- ing Executive Order 13581 (50 U.S.C. 1701 note; relating to blocking property of transnational criminal organi- zations) (as such Executive Order was in effect on the day before the date of the enactment of the Hizballah International Financing Prevention Amendments Act of 2018). ‘‘(c) WAIVER.—The President may, for periods not to exceed 180 days, waive the imposition of sanctions under this section if the President certifies to the ap- propriate congressional committees that such waiver is in the national security interests of the United States. ‘‘(d) DEFINITIONS.—In this section: ‘‘(1) APPROPRIATE CONGRESSIONAL COMMITTEES.—The term ‘appropriate congressional committees’ means— ‘‘(A) the Committee on Foreign Affairs, the Com- mittee on Ways and Means, the Committee on Ap- propriations, the Committee on Financial Services, and the Permanent Select Committee on Intel- ligence of the House of Representatives; and ‘‘(B) the Committee on Foreign Relations, the Committee on Banking, Housing, and Urban Af- fairs, the Committee on Appropriations, and the Se- lect Committee on Intelligence of the Senate. ‘‘(2) HIZBALLAH.—The term ‘Hizballah’ has the meaning given such term in section 102(e). ‘‘SEC. 202. REPORT ON RACKETEERING ACTIVITIES ENGAGED IN BY HIZBALLAH. ‘‘(a) IN GENERAL.—Not later than 180 days after the date of the enactment of the Hizballah International Financing Prevention Amendments Act of 2018 [Oct. 25, 2018], the President shall submit to the appropriate congressional committees a report on information re- garding activities that Hizballah, and agents and affili- ates of Hizballah, have engaged in that are racket- eering activities, including any patterns regarding such racketeering activities. ‘‘(b) FORM OF REPORT.—Each report required under subsection (a) shall be submitted in an unclassified form but may contain a classified annex. ‘‘(c) DEFINITIONS.—In this section: ‘‘(1) APPROPRIATE CONGRESSIONAL COMMITTEES.—The term ‘appropriate congressional committees’ means— ‘‘(A) the Committee on the Judiciary, the Com- mittee on Foreign Affairs, the Committee on Fi- nancial Services, and the Committee on Appropria- tions of the House of Representatives; and ‘‘(B) the Committee on the Judiciary, the Com- mittee on Foreign Relations, the Committee on Banking, Housing, and Urban Affairs, and the Com- mittee on Appropriations of the Senate. ‘‘(2) HIZBALLAH.—The term ‘Hizballah’ has the meaning given such term in section 102(e). ‘‘(3) RACKETEERING ACTIVITY.—The term ‘racket- eering activity’ means any activity that would be considered a racketeering activity (as defined in sec- tion 1961(1) of title 18, United States Code) if the ac- tivity were engaged in the United States or by a United States person. ‘‘(4) UNITED STATES PERSON.—The term ‘United States person’ has the meaning given such term in section 101(d). ‘‘SEC. 203. REWARDS FOR JUSTICE AND HIZBALLAH’S FUNDRAISING, FINANCING, AND MONEY LAUNDERING ACTIVITIES. ‘‘(a) REPORT.—Not later than 90 days after the date of the enactment of this Act [Dec. 18, 2015], the Secretary of State shall submit to the appropriate congressional committees a report that details actions taken by the Department of State through the Department of State rewards program under section 36 of the State Depart- ment Basic Authorities Act [of 1956] (22 U.S.C. 2708) to obtain information on fundraising, financing, and money laundering activities of Hizballah and its agents and affiliates. ‘‘(b) BRIEFING.—Not later than 90 days after the date of the enactment of this Act [Dec. 18, 2015], and annu- ally thereafter, the Secretary of State shall provide a briefing to the appropriate congressional committees on the status of the actions described in subsection (a). ‘‘(c) APPROPRIATE CONGRESSIONAL COMMITTEES DE- FINED.—In this section, the term ‘appropriate congres- sional committees’ means— ‘‘(1) the Committee on Foreign Affairs and the Committee on Financial Services of the House of Representatives; and ‘‘(2) the Committee on Foreign Relations and the Committee on Banking, Housing, and Urban Affairs of the Senate. ‘‘SEC. 204. REPORT ON ACTIVITIES OF FOREIGN GOVERNMENTS TO DISRUPT GLOBAL LOGIS- TICS NETWORKS AND FUNDRAISING, FINANC- ING, AND MONEY LAUNDERING ACTIVITIES OF HIZBALLAH. ‘‘(a) REPORT.— ‘‘(1) IN GENERAL.—Not later than 90 days after the date of the enactment of the Hizballah International Financing Prevention Amendments Act of 2018 [Oct. 25, 2018], and once every 2 years thereafter for the fol- lowing 4 years, the President shall submit to the ap- propriate congressional committees a report that in- cludes— ‘‘(A) a list of countries that support Hizballah or in which Hizballah maintains important portions of its global logistics networks; ‘‘(B) with respect to each country on the list re- quired by subparagraph (A)— ‘‘(i) an assessment of whether the government of the country is taking adequate measures to disrupt the global logistics networks of Hizballah within the territory of the country; and ‘‘(ii) in the case of a country the government of which is not taking adequate measures to disrupt such networks— ‘‘(I) an assessment of the reasons that govern- ment is not taking such adequate measures; and ‘‘(II) a description of measures being taken by the United States to encourage that govern- ment to improve measures to disrupt such net- works; ‘‘(C) a list of countries in which Hizballah, or any of its agents or affiliates, conducts significant fund- raising, financing, or money laundering activities; ‘‘(D) with respect to each country on the list re- quired by subparagraph (C)— ‘‘(i) an assessment of whether the government of the country is taking adequate measures to disrupt the fundraising, financing, or money laun- dering activities of Hizballah and its agents and affiliates within the territory of the country; and ‘‘(ii) in the case of a country the government of which is not taking adequate measures to disrupt such activities— ‘‘(I) an assessment of the reasons that govern- ment is not taking such adequate measures; and ‘‘(II) a description of measures being taken by the United States to encourage that govern- ment to improve measures to disrupt such ac- tivities; Page 167 TITLE 50—WAR AND NATIONAL DEFENSE § 1701 ‘‘(E) a list of methods that Hizballah, or any of its agents or affiliates, utilizes to raise or transfer funds, including trade-based money laundering, the use of foreign exchange houses, free-trade zones, business partnerships and joint ventures, and other investments in small and medium-sized enterprises; ‘‘(F) a list of jurisdictions outside of Lebanon that expressly consent to, or with knowledge allow, the use of their territory by Hizballah to carry out terrorist activities, including training, financing, and recruitment; ‘‘(G) a description of the total aggregate revenues and remittances that Hizballah receives from the global logistics networks of Hizballah; ‘‘(H) a list of Hizballah’s sources of revenue, in- cluding sources of revenue based on illicit activity, revenues from Iran, charities, and other business activities; ‘‘(I) a list of Hizballah’s expenditures, including expenditures for ongoing military operations, so- cial networks, and external operations; ‘‘(J) a description of steps to be taken by Federal agencies to combat the illicit tobacco trafficking networks used by Hizballah; ‘‘(K) an assessment of Hizballah’s financial oper- ations in areas under its operational or political control in Lebanon and Syria and available meas- ures to target Hizballah’s financial operations in those areas; ‘‘(L) a review of Hizballah’s international oper- ational capabilities, including in the United States; ‘‘(M) a review of— ‘‘(i) the total number and value of Hizballah-re- lated assets seized and forfeited; and ‘‘(ii) the total number of indictments, prosecu- tions, and extraditions of Hizballah members or affiliates; and ‘‘(N) a review of efforts by the United States to prevent hostile activities by Iran and disrupt and degrade Hizballah’s illicit networks in the Western Hemisphere, including interagency coordination to ensure that information-sharing, interdictions, ar- rests, investigations, indictments, sanctions, and designations related to Hizballah individuals or networks in the Western Hemisphere are inte- grated, coordinated, and publicly communicated by the United States in a manner that supports United States interests. ‘‘(2) FORM.—The report required by paragraph (1) shall be submitted in unclassified form to the great- est extent possible, and may contain a classified annex. ‘‘(3) GLOBAL LOGISTICS NETWORKS OF HIZBALLAH.—In this subsection, the term ‘global logistics networks of Hizballah’, ‘global logistics networks’, or ‘networks’ means financial, material, or technological support for, or financial or other services in support of, Hizballah. ‘‘(b) ENHANCED DUE DILIGENCE.— ‘‘(1) IN GENERAL.—The President is authorized to re- quire each financial institution in the United States that knowingly maintains a correspondent account or a payable-through account in the United States for a foreign financial institution described in paragraph (2) to establish enhanced due diligence policies, pro- cedures, and controls in accordance with section 5318(i)(2)(B) of title 31, United States Code, and regu- lations to implement such section with respect to such accounts. ‘‘(2) FOREIGN FINANCIAL INSTITUTION DESCRIBED.—A foreign financial institution described in this para- graph is a foreign financial institution that the Presi- dent determines provides significant financial serv- ices to persons operating in a jurisdiction identified in unclassified form in the list required under sub- section (a)(1)(F). ‘‘(3) DEFINITIONS.—In this subsection, the terms ‘correspondent account’ and ‘payable-through ac- count’ have the meanings given those terms in sec- tion 5318A of title 31, United States Code. ‘‘(c) BRIEFING ON HIZBALLAH’S ASSETS AND ACTIVITIES RELATED TO FUNDRAISING, FINANCING, AND MONEY LAUNDERING WORLDWIDE.—Not later than 90 days after the date of the enactment of the Hizballah Inter- national Financing Prevention Amendments Act of 2018 [Oct. 25, 2018], and annually thereafter for the following 4 years, the Secretary of State, the Secretary of the Treasury, and the heads of other applicable Federal de- partments and agencies shall provide to the appro- priate congressional committees a briefing on the dis- position of Hizballah’s assets and activities related to fundraising, financing, and money laundering world- wide and on any requirements for enhanced due dili- gence prescribed under subsection (b). ‘‘(d) APPROPRIATE CONGRESSIONAL COMMITTEES DE- FINED.—In this section, the term ‘appropriate congres- sional committees’ means— ‘‘(1) the Committee on Foreign Affairs, the Com- mittee on Financial Services, and the Permanent Se- lect Committee on Intelligence of the House of Rep- resentatives; and ‘‘(2) the Committee on Foreign Relations, the Com- mittee on Banking, Housing, and Urban Affairs, and the Select Committee on Intelligence of the Senate. ‘‘TITLE III—MISCELLANEOUS PROVISIONS ‘‘SEC. 301. RULE OF CONSTRUCTION. ‘‘Nothing in this Act or any amendment made by this Act shall apply to the authorized intelligence activities of the United States. ‘‘SEC. 302. REGULATORY AUTHORITY. ‘‘(a) IN GENERAL.—The President shall, not later than 120 days after the date of the enactment of this Act [Dec. 18, 2015], promulgate regulations as necessary for the implementation of this Act and the amendments made by this Act. ‘‘(b) NOTIFICATION TO CONGRESS.—Not less than 10 days before the promulgation of regulations under sub- section (a), the President shall notify the appropriate congressional committees of the proposed regulations and the provisions of this Act and the amendments made by this Act that the regulations are imple- menting. ‘‘(c) APPROPRIATE CONGRESSIONAL COMMITTEES DE- FINED.—In this section, the term ‘appropriate congres- sional committees’ means— ‘‘(1) the Committee on Foreign Affairs and the Committee on Financial Services of the House of Representatives; and ‘‘(2) the Committee on Foreign Relations and the Committee on Banking, Housing, and Urban Affairs of the Senate. ‘‘SEC. 303. TERMINATION. ‘‘This Act shall terminate on the date that is 30 days after the date on which the President certifies to Con- gress that Hizballah— ‘‘(1) is no longer designated as a foreign terrorist organization pursuant to section 219 of the Immigra- tion and Nationality Act (8 U.S.C. 1189); and ‘‘(2) is no longer designated for the imposition of sanctions pursuant to Executive Order 13224 (50 U.S.C. 1701 note; relating to blocking property and prohib- iting transactions with persons who commit, threat- en to commit, or support terrorism).’’ [Pub. L. 117–263, § 6811(e), which directed amendment of section 204(b) of Pub. L. 114–102, set out above, by substituting ‘‘annually’’ for ‘‘every 180 days’’, was exe- cuted to section 204(c) of Pub. L. 114–102, to reflect the probable intent of Congress.] [Memorandum of President of the United States, Jan. 15, 2019, 84 F.R. 3963, delegated to the Secretary of State the functions and authorities vested in the President by sections 101(b)(2), 101(c), 102(b), 103(b–c), and 201(c) of Pub. L. 114–102, set out above; to the Secretary of the Treasury the functions and authorities vested in the President by sections 101(a), 101(b)(1), 102(a), 102(c), 103(a), 201(a–b), 204(b), and 302 of Pub. L. 114–102; and to the Director of National Intelligence the functions and Page 168 TITLE 50—WAR AND NATIONAL DEFENSE § 1701 authorities vested in the President by sections 202 and 204(a, c–d) of Pub. L. 114–102, and any future Act that is the same or substantially the same as such provisions, and rescinded and replaced any prior delegations of au- thority to the Secretary of the Treasury, the Secretary of State, and the Director of National Intelligence under Pub. L. 114–102.] [Memorandum of President of the United States, Mar. 18, 2016, 81 F.R. 15421, which delegated to the Director of National Intelligence the functions and authorities vested in the President by sections 101, 201, and 202 of Pub. L. 114–102, set out above, was rescinded and re- placed by Memorandum of President of the United States, Jan. 15, 2019, 84 F.R. 3963, see above.] [Memorandum of President of the United States, Mar. 18, 2016, 81 F.R. 15423, which delegated to the Secretary of the Treasury, in consultation with the Secretary of State, the functions and authorities vested in the President by sections 102(a), 102(c), 204, and 302 of Pub. L. 114–102, set out above, was rescinded and replaced by Memorandum of President of the United States, Jan. 15, 2019, 84 F.R. 3963, see above.] [Memorandum of President of the United States, Mar. 18, 2016, 81 F.R. 18739, which delegated to the Secretary of State the functions and authorities vested in the President by section 102(b) of Pub. L. 114–102, set out above, was rescinded and replaced by Memorandum of President of the United States, Jan. 15, 2019, 84 F.R. 3963, see above.] VENEZUELA DEFENSE OF HUMAN RIGHTS AND CIVIL SOCIETY Pub. L. 113–278, Dec. 18, 2014, 128 Stat. 3011, as amend- ed by Pub. L. 114–194, § 2, July 15, 2016, 130 Stat. 674; Pub. L. 116–94, div. J, title I, § 183(a), Dec. 20, 2019, 133 Stat. 3048, provided that: ‘‘SECTION 1. SHORT TITLE. ‘‘This Act may be cited as the ‘Venezuela Defense of Human Rights and Civil Society Act of 2014’. ‘‘SEC. 2. FINDINGS. ‘‘Congress makes the following findings: ‘‘(1) The Central Bank of Venezuela and the Na- tional Statistical Institute of Venezuela stated that the annual inflation rate in Venezuela in 2013 was 56.30, the highest level of inflation in the Western Hemisphere and the third highest level of inflation in the world behind South Sudan and Syria. ‘‘(2) The Central Bank of Venezuela and the Govern- ment of Venezuela have imposed a series of currency controls that has exacerbated economic problems and, according to the World Economic Forum, has be- come the most problematic factor for doing business in Venezuela. ‘‘(3) The Central Bank of Venezuela declared that the scarcity index of Venezuela reached 29.4 percent in March 2014, which signifies that fewer than one in 4 basic goods is unavailable at any given time. The Central Bank has not released any information on the scarcity index since that time. ‘‘(4) Since 1999, violent crime in Venezuela has risen sharply and the Venezuelan Violence Observatory, an independent nongovernmental organization, found the national per capita murder rate to be 79 per 100,000 people in 2013. ‘‘(5) The international nongovernmental organiza- tion Human Rights Watch recently stated, ‘Under the leadership of President Cha`vez [sic] and now Presi- dent Maduro, the accumulation of power in the exec- utive branch and the erosion of human rights guaran- tees have enabled the government to intimidate, cen- sor, and prosecute its critics.’. ‘‘(6) The Country Reports on Human Rights Prac- tices for 2013 of the Department of State maintained that in Venezuela ‘the government did not respect ju- dicial independence or permit judges to act according to the law without fear of retaliation’ and ‘the gov- ernment used the judiciary to intimidate and selec- tively prosecute political, union, business, and civil society leaders who were critical of government poli- cies or actions’. ‘‘(7) The Government of Venezuela has detained for- eign journalists and threatened and expelled inter- national media outlets operating in Venezuela, and the international nongovernmental organization Freedom House declared that Venezuela’s ‘media cli- mate is permeated by intimidation, sometimes in- cluding physical attacks, and strong antimedia rhet- oric by the government is common’. ‘‘(8) Since February 4, 2014, the Government of Ven- ezuela has responded to antigovernment protests with violence and killings perpetrated by its public security forces. ‘‘(9) In May 2014, Human Rights Watch found that the unlawful use of force perpetrated against antigovernment protesters was ‘part of a systematic practice by the Venezuelan security forces’. ‘‘(10) As of September 1, 2014, 41 people had been killed, approximately 3,000 had been arrested un- justly, and more than 150 remained in prison and faced criminal charges as a result of antigovernment demonstrations throughout Venezuela. ‘‘(11) Opposition leader Leopoldo Lopez was arrested on February 18, 2014, in relation to the protests and was unjustly charged with criminal incitement, con- spiracy, arson, and property damage. Since his arrest, Lopez has been held in solitary confinement and has been denied 58 out of 60 of his proposed witnesses at his ongoing trial. ‘‘(12) As of September 1, 2014, not a single member of the public security forces of the Government of Venezuela had been held accountable for acts of vio- lence perpetrated against antigovernment protesters. ‘‘SEC. 3. SENSE OF CONGRESS REGARDING ANTIGOVERNMENT PROTESTS IN VENEZUELA AND THE NEED TO PREVENT FURTHER VIO- LENCE IN VENEZUELA. ‘‘It is the sense of Congress that— ‘‘(1) the United States aspires to a mutually bene- ficial relationship with Venezuela based on respect for human rights and the rule of law and a functional and productive relationship on issues of public secu- rity, including counternarcotics and counterterrorism; ‘‘(2) the United States supports the people of Ven- ezuela in their efforts to realize their full economic potential and to advance representative democracy, human rights, and the rule of law within their coun- try; ‘‘(3) the chronic mismanagement by the Govern- ment of Venezuela of its economy has produced con- ditions of economic hardship and scarcity of basic goods and foodstuffs for the people of Venezuela; ‘‘(4) the failure of the Government of Venezuela to guarantee minimal standards of public security for its citizens has led the country to become one of the most violent and corrupt in the world; ‘‘(5) the Government of Venezuela continues to take steps to remove checks and balances on the execu- tive, politicize the judiciary, undermine the inde- pendence of the legislature through use of executive decree powers, persecute and prosecute its political opponents, curtail freedom of the press, and limit the free expression of its citizens; ‘‘(6) Venezuelans, responding to ongoing economic hardship, high levels of crime and violence, and the lack of basic political rights and individual freedoms, have turned out in demonstrations in Caracas and throughout the country to protest the failure of the Government of Venezuela to protect the political and economic well-being of its citizens; and ‘‘(7) the repeated use of violence perpetrated by the National Guard and security personnel of Venezuela, as well as persons acting on behalf of the Government of Venezuela, against antigovernment protesters that began on February 4, 2014, is intolerable and the use of unprovoked violence by protesters is also a matter of serious concern. Page 169 TITLE 50—WAR AND NATIONAL DEFENSE § 1701 ‘‘SEC. 4. UNITED STATES POLICY TOWARD VEN- EZUELA. ‘‘It is the policy of the United States— ‘‘(1) to support the people of Venezuela in their as- piration to live under conditions of peace and rep- resentative democracy as defined by the Inter-Amer- ican Democratic Charter of the Organization of American States; ‘‘(2) to work in concert with the other member states within the Organization of American States, as well as the countries of the European Union, to en- sure the peaceful resolution of the current situation in Venezuela and the immediate cessation of violence against antigovernment protestors; ‘‘(3) to hold accountable government and security officials in Venezuela responsible for or complicit in the use of force in relation to antigovernment pro- tests and similar future acts of violence; and ‘‘(4) to continue to support the development of democratic political processes and independent civil society in Venezuela. ‘‘SEC. 5. SANCTIONS ON PERSONS RESPONSIBLE FOR VIOLENCE IN VENEZUELA. ‘‘(a) IN GENERAL.—The President shall impose the sanctions described in subsection (b) with respect to any foreign person, including any current or former of- ficial of the Government of Venezuela or any person acting on behalf of that Government, that the Presi- dent determines— ‘‘(1) has perpetrated, or is responsible for ordering or otherwise directing, significant acts of violence or serious human rights abuses in Venezuela against persons associated with the antigovernment protests in Venezuela that began on February 4, 2014; ‘‘(2) has ordered or otherwise directed the arrest or prosecution of a person in Venezuela primarily be- cause of the person’s legitimate exercise of freedom of expression or assembly; or ‘‘(3) has knowingly materially assisted, sponsored, or provided significant financial, material, or techno- logical support for, or goods or services in support of, the commission of acts described in paragraph (1) or (2). ‘‘(b) SANCTIONS DESCRIBED.— ‘‘(1) IN GENERAL.—The sanctions described in this subsection are the following: ‘‘(A) ASSET BLOCKING.—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 in- terests 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. ‘‘(B) EXCLUSION FROM THE UNITED STATES AND REV- OCATION OF VISA OR OTHER DOCUMENTATION.—In the case of an alien determined by the President to be subject to subsection (a), denial of a visa to, and ex- clusion from the United States of, the alien, and revocation in accordance with section 221(i) of the Immigration and Nationality Act (8 U.S.C. 1201(i)), of any visa or other documentation of the alien. ‘‘(2) PENALTIES.—A person that violates, attempts to violate, conspires to violate, or causes a violation of paragraph (1)(A) or any regulation, license, or order issued to carry out paragraph (1)(A) 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 ex- tent as a person that commits an unlawful act de- scribed in subsection (a) of that section. ‘‘(3) EXCEPTION RELATING TO IMPORTATION OF GOODS.—The requirement to block and prohibit all transactions in all property and interests in property under paragraph (1)(A) shall not include the author- ity to impose sanctions on the importation of goods. ‘‘(4) EXCEPTION TO COMPLY WITH UNITED NATIONS HEADQUARTERS AGREEMENT.—Sanctions under para- graph (1)(B) shall not apply to an alien if admitting the alien into the United States is necessary to per- mit the United States to comply with the Agreement regarding the Headquarters of the United Nations, signed at Lake Success June 26, 1947, and entered into force November 21, 1947, between the United Nations and the United States, or other applicable inter- national obligations. ‘‘(c) WAIVER.—The President may waive the applica- tion of sanctions under subsection (b) with respect to a person if the President— ‘‘(1) determines that such a waiver is in the na- tional interest of the United States; and ‘‘(2) on or before the date on which the waiver takes effect, submits to the Committee on Foreign Rela- tions and the Committee on Banking Housing, and Urban Affairs of the Senate and the Committee on Foreign Affairs and the Committee on Financial Services of the House of Representatives a notice of and justification for the waiver. ‘‘(d) REGULATORY AUTHORITY.—The President shall issue such regulations, licenses, and orders as are nec- essary to carry out this section. ‘‘(e) TERMINATION.—The requirement to impose sanc- tions under this section shall terminate on December 31, 2023. ‘‘(f) DEFINITIONS.—In this section: ‘‘(1) ADMITTED; ALIEN.—The terms ‘admitted’ and ‘alien’ have the meanings given those terms in sec- tion 101 of the Immigration and Nationality Act (8 U.S.C. 1101). ‘‘(2) FINANCIAL INSTITUTION.—The term ‘financial in- stitution’ has the meaning given that term in section 5312 of title 31, United States Code. ‘‘(3) FOREIGN PERSON.—The term ‘foreign person’ means a person that is not a United States person. ‘‘(4) GOOD.—The term ‘good’ has the meaning given that term in [former] section 16 of the Export Admin- istration Act of 1979 (50 U.S.C. App. 2415) [former 50 U.S.C. 4618] (as continued in effect pursuant to the International Emergency Economic Powers Act (50 U.S.C. 1701 et seq.)). ‘‘(5) KNOWINGLY.—The term ‘knowingly’, with re- spect to conduct, a circumstance, or a result, means that a person has actual knowledge, or should have known, of the conduct, the circumstance, or the re- sult. ‘‘(6) MATERIALLY ASSISTED.—The term ‘materially assisted’ means the provision of assistance that is significant and of a kind directly relevant to acts de- scribed in paragraph (1) or (2) of subsection (a). ‘‘(7) UNITED STATES PERSON.—The term ‘United States person’ means— ‘‘(A) a United States citizen or an alien lawfully admitted for permanent residence to the United States; or ‘‘(B) an entity organized under the laws of the United States or of any jurisdiction within the United States, including a foreign branch of such an entity. ‘‘SEC. 6. REPORT ON BROADCASTING, INFORMA- TION DISTRIBUTION, AND CIRCUMVENTION TECHNOLOGY DISTRIBUTION IN VENEZUELA. ‘‘(a) IN GENERAL.—Not later than 30 days after the date of the enactment of this Act [Dec. 18, 2014], the Chairman of the Broadcasting Board of Governors (in this section referred to as the ‘Board’) shall submit to Congress a report that includes— ‘‘(1) a thorough evaluation of the governmental, po- litical, and technological obstacles faced by the peo- ple of Venezuela in their efforts to obtain accurate, objective, and comprehensive news and information about domestic and international affairs; ‘‘(2) an assessment of current efforts relating to broadcasting, information distribution, and cir- cumvention technology distribution in Venezuela, by the United States Government and otherwise; and ‘‘(3) a strategy for expanding such efforts in Ven- ezuela, including recommendations for additional measures to expand upon current efforts. Page 170 TITLE 50—WAR AND NATIONAL DEFENSE § 1701 ‘‘(b) ELEMENTS.—The report required by subsection (a) shall include— ‘‘(1) an assessment of the current level of Federal funding dedicated to broadcasting, information dis- tribution, and circumvention technology distribution in Venezuela by the Board before the date of the en- actment of this Act; ‘‘(2) an assessment of the extent to which the cur- rent level and type of news and related programming and content provided by the Voice of America and other sources is addressing the informational needs of the people of Venezuela; and ‘‘(3) recommendations for increasing broadcasting, information distribution, and circumvention tech- nology distribution in Venezuela.’’ IMPOSITION OF SANCTIONS WITH RESPECT TO SUPPORT FOR THE REBEL GROUP KNOWN AS M23 Pub. L. 112–239, div. A, title XII, § 1284, Jan. 2, 2013, 126 Stat. 2035, provided that: ‘‘(a) BLOCKING OF ASSETS.— ‘‘(1) IN GENERAL.—The Secretary of the Treasury shall, pursuant to the International Emergency Eco- nomic Powers Act (50 U.S.C. 1701 et seq.) or Executive Order 13413 (74[71] Fed. Reg. 64105; relating to block- ing property of certain persons contributing to the conflict in the Democratic Republic of the Congo), block and prohibit all transactions in all property and interests in property of a person described in sub- section (c) 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 con- trol of a United States person. ‘‘(2) EXCEPTION.— ‘‘(A) IN GENERAL.—The requirement to block and prohibit all transactions in all property and inter- ests in property under paragraph (1) shall not in- clude the authority to impose sanctions on the im- portation of goods. ‘‘(B) GOOD DEFINED.—In this paragraph, the term ‘good’ has the meaning given that term in [former] section 16 of the Export Administration Act of 1979 (50 U.S.C. App. 2415) [former 50 U.S.C. 4618] (as con- tinued in effect pursuant to the International Emergency Economic Powers Act (50 U.S.C. 1701 et seq.)). ‘‘(b) VISA BAN.—The Secretary of State shall deny a visa to, and the Secretary of Homeland Security shall exclude from the United States, any alien who is a per- son described in subsection (c). ‘‘(c) PERSONS DESCRIBED.—A person described in this subsection is a person that the President determines provides, on or after the date of the enactment of this Act [Jan. 2, 2013], significant financial, material, or technological support to M23. ‘‘(d) WAIVER.—The President may waive the applica- tion of this section with respect to a person if the President determines and reports to the appropriate congressional committees that the waiver is in the na- tional interest of the United States. ‘‘(e) TERMINATION OF SANCTIONS.—Sanctions imposed under this section may terminate 15 days after the date on which the President determines and reports to the appropriate congressional committees that the person covered by such determination has terminated the pro- vision of significant financial, material, and techno- logical support to M23. ‘‘(f) TERMINATION OF SECTION.—This section shall ter- minate on the date that is 15 days after the date on which the President determines and reports to the ap- propriate congressional committees that M23 is no longer a significant threat to peace and security in the Democratic Republic of the Congo. ‘‘(g) DEFINITIONS.—In this section: ‘‘(1) APPROPRIATE CONGRESSIONAL COMMITTEES.—The term ‘appropriate congressional committees’ means— ‘‘(A) the Committee on Banking, Housing, and Urban Affairs, the Committee on Armed Services, and the Committee on Foreign Relations of the Senate; and ‘‘(B) the Committee on Financial Services, the Committee on Armed Services, and the Committee on Foreign Affairs of the House of Representatives. ‘‘(2) M23.—The term ‘M23’ refers to the rebel group known as M23 operating in the Democratic Republic of the Congo that derives its name from the March 23, 2009, agreement between the Government of the Democratic Republic of the Congo and the National Congress for the Defense of the People (or any suc- cessor group). ‘‘(3) UNITED STATES PERSON.—The term ‘United States person’ means— ‘‘(A) an individual who is a United States citizen or an alien lawfully admitted for permanent resi- dence to the United States; or ‘‘(B) an entity organized under the laws of the United States or of any jurisdiction within the United States.’’ SUDAN ACCOUNTABILITY AND DIVESTMENT Pub. L. 110–174, Dec. 31, 2007, 121 Stat. 2516, as amend- ed by Pub. L. 111–195, title II, § 205(a), July 1, 2010, 124 Stat. 1344, provided that: ‘‘SECTION 1. SHORT TITLE. ‘‘This Act may be cited as the ‘Sudan Accountability and Divestment Act of 2007’. ‘‘SEC. 2. DEFINITIONS. ‘‘In this Act: ‘‘(1) APPROPRIATE CONGRESSIONAL COMMITTEES.—The term ‘appropriate congressional committees’ means— ‘‘(A) the Committee on Banking, Housing, and Urban Affairs, the Committee on Foreign Rela- tions, and the Select Committee on Intelligence of the Senate; and ‘‘(B) the Committee on Financial Services, the Committee on Foreign Affairs, and the Permanent Select Committee on Intelligence of the House of Representatives. ‘‘(2) BUSINESS OPERATIONS.—The term ‘business op- erations’ means engaging in commerce in any form in Sudan, including by acquiring, developing, maintain- ing, owning, selling, possessing, leasing, or operating equipment, facilities, personnel, products, services, personal property, real property, or any other appa- ratus of business or commerce. ‘‘(3) EXECUTIVE AGENCY.—The term ‘executive agen- cy’ has the meaning given the term in section 4 of the Office of Federal Procurement Policy Act ([former] 41 U.S.C. 403) [see 41 U.S.C. 133]. ‘‘(4) GOVERNMENT OF SUDAN.—The term ‘Govern- ment of Sudan’— ‘‘(A) means the government in Khartoum, Sudan, which is led by the National Congress Party (for- merly known as the National Islamic Front) or any successor government formed on or after October 13, 2006 (including the coalition National Unity Government agreed upon in the Comprehensive Peace Agreement for Sudan); and ‘‘(B) does not include the regional government of southern Sudan. ‘‘(5) MARGINALIZED POPULATIONS OF SUDAN.—The term ‘marginalized populations of Sudan’ refers to— ‘‘(A) adversely affected groups in regions author- ized to receive assistance under section 8(c) of the Darfur Peace and Accountability Act [of 2006] (Pub- lic Law 109–344; 50 U.S.C. 1701 note); and ‘‘(B) marginalized areas in Northern Sudan de- scribed in section 4(9) of such Act. ‘‘(6) MILITARY EQUIPMENT.—The term ‘military equipment’ means— ‘‘(A) weapons, arms, military supplies, and equip- ment that readily may be used for military pur- poses, including radar systems or military-grade transport vehicles; or ‘‘(B) supplies or services sold or provided directly or indirectly to any force actively participating in armed conflict in Sudan. ‘‘(7) MINERAL EXTRACTION ACTIVITIES.—The term ‘mineral extraction activities’ means exploring, ex- Page 171 TITLE 50—WAR AND NATIONAL DEFENSE § 1701 tracting, processing, transporting, or wholesale sell- ing or trading of elemental minerals or associated metal alloys or oxides (ore), including gold, copper, chromium, chromite, diamonds, iron, iron ore, silver, tungsten, uranium, and zinc. ‘‘(8) OIL-RELATED ACTIVITIES.— ‘‘(A) IN GENERAL.—Except as provided in subpara- graph (B), the term ‘oil-related activities’ means— ‘‘(i) exporting, extracting, producing, refining, processing, exploring for, transporting, selling, or trading oil; and ‘‘(ii) constructing, maintaining, or operating a pipeline, refinery, or other oilfield infrastructure. ‘‘(B) EXCLUSIONS.—A person shall not be consid- ered to be involved in an oil-related activity if— ‘‘(i) the person is involved in the retail sale of gasoline or related consumer products in Sudan but is not involved in any other activity de- scribed in subparagraph (A); or ‘‘(ii) the person is involved in leasing, or owns, rights to an oil block in Sudan but is not involved in any other activity described in subparagraph (A). ‘‘(9) PERSON.—The term ‘person’ means— ‘‘(A) a natural person, corporation, company, business association, partnership, society, trust, any other nongovernmental entity, organization, or group; ‘‘(B) any governmental entity or instrumentality of a government, including a multilateral develop- ment institution (as defined in section 1701(c)(3) of the International Financial Institutions Act (22 U.S.C. 262r(c)(3))); and ‘‘(C) any successor, subunit, parent company or subsidiary of any entity described in subparagraph (A) or (B). ‘‘(10) POWER PRODUCTION ACTIVITIES.—The term ‘power production activities’ means any business op- eration that involves a project commissioned by the National Electricity Corporation of Sudan or other similar entity of the Government of Sudan whose purpose is to facilitate power generation and deliv- ery, including establishing power-generating plants or hydroelectric dams, selling or installing compo- nents for the project, or providing service contracts related to the installation or maintenance of the project. ‘‘(11) STATE.—The term ‘State’ means each of the several States, the District of Columbia, the Com- monwealth of Puerto Rico, the United States Virgin Islands, Guam, American Samoa, and the Common- wealth of the Northern Mariana Islands. ‘‘(12) STATE OR LOCAL GOVERNMENT.—The term ‘State or local government’ includes— ‘‘(A) any State and any agency or instrumen- tality thereof; ‘‘(B) any local government within a State, and any agency or instrumentality thereof; ‘‘(C) any other governmental instrumentality; and ‘‘(D) any public institution of higher education within the meaning of the Higher Education Act of 1965 (20 U.S.C. 1001 et seq.). ‘‘SEC. 3. AUTHORITY OF STATE AND LOCAL GOV- ERNMENTS TO DIVEST FROM CERTAIN COMPA- NIES DIRECTLY INVESTED IN CERTAIN SUDA- NESE SECTORS. ‘‘(a) SENSE OF CONGRESS.—It is the sense of Congress that the United States Government should support the decision of any State or local government to divest from, or to prohibit the investment of assets of the State or local government in, a person that the State or local government determines poses a financial or reputational risk. ‘‘(b) AUTHORITY TO DIVEST.—Notwithstanding any other provision of law, a State or local government may adopt and enforce measures that meet the require- ments of subsection (e) to divest the assets of the State or local government from, or prohibit investment of the assets of the State or local government in, persons that the State or local government determines, using credible information available to the public, are con- ducting or have direct investments in business oper- ations described in subsection (d). ‘‘(c) NOTICE TO DEPARTMENT OF JUSTICE.—Not later than 30 days after adopting a measure pursuant to sub- section (b), a State or local government shall submit written notice to the Attorney General describing the measure. ‘‘(d) BUSINESS OPERATIONS DESCRIBED.— ‘‘(1) IN GENERAL.—Business operations described in this subsection are business operations in Sudan that include power production activities, mineral extrac- tion activities, oil-related activities, or the produc- tion of military equipment. ‘‘(2) EXCEPTIONS.—Business operations described in this subsection do not include business operations that the person conducting the business operations can demonstrate— ‘‘(A) are conducted under contract directly and exclusively with the regional government of south- ern Sudan; ‘‘(B) are conducted under a license from the Office of Foreign Assets Control, or are expressly exempt- ed under Federal law from the requirement to be conducted under such a license; ‘‘(C) consist of providing goods or services to marginalized populations of Sudan; ‘‘(D) consist of providing goods or services to an internationally recognized peacekeeping force or humanitarian organization; ‘‘(E) consist of providing goods or services that are used only to promote health or education; or ‘‘(F) have been voluntarily suspended. ‘‘(e) REQUIREMENTS.—Any measure taken by a State or local government under subsection (b) shall meet the following requirements: ‘‘(1) NOTICE.—The State or local government shall provide written notice and an opportunity to com- ment in writing to each person to whom a measure is to be applied. ‘‘(2) TIMING.—The measure shall apply to a person not earlier than the date that is 90 days after the date on which written notice is provided to the person under paragraph (1). ‘‘(3) APPLICABILITY.—The measure shall not apply to a person that demonstrates to the State or local government that the person does not conduct or have direct investments in business operations described in subsection (d). ‘‘(4) SENSE OF CONGRESS ON AVOIDING ERRONEOUS TARGETING.—It is the sense of Congress that a State or local government should not adopt a measure under subsection (b) with respect to a person unless the State or local government has made every effort to avoid erroneously targeting the person and has verified that the person conducts or has direct invest- ments in business operations described in subsection (d). ‘‘(f) DEFINITIONS.—In this section: ‘‘(1) INVESTMENT.—The ‘investment’ of assets, with respect to a State or local government, includes— ‘‘(A) a commitment or contribution of assets; ‘‘(B) a loan or other extension of credit of assets; and ‘‘(C) the entry into or renewal of a contract for goods or services. ‘‘(2) ASSETS.— ‘‘(A) IN GENERAL.—Except as provided in subpara- graph (B), the term ‘assets’ refers to public monies and includes any pension, retirement, annuity, or endowment fund, or similar instrument, that is controlled by a State or local government. ‘‘(B) EXCEPTION.—The term ‘assets’ does not in- clude employee benefit plans covered by title I of the Employee Retirement Income Security Act of 1974 (29 U.S.C. 1001 et seq.). ‘‘(g) NONPREEMPTION.—A measure of a State or local government authorized under subsection (b) is not pre- empted by any Federal law or regulation. Page 172 TITLE 50—WAR AND NATIONAL DEFENSE § 1701 ‘‘(h) EFFECTIVE DATE.— ‘‘(1) IN GENERAL.—Except as provided in paragraph (2), this section applies to measures adopted by a State or local government before, on, or after the date of the enactment of this Act [Dec. 31, 2007]. ‘‘(2) NOTICE REQUIREMENTS.—Subsections (c) and (e) apply to measures adopted by a State or local govern- ment on or after the date of the enactment of this Act. ‘‘SEC. 4. SAFE HARBOR FOR CHANGES OF INVEST- MENT POLICIES BY ASSET MANAGERS. ‘‘(a) IN GENERAL.—[Amended section 80a–13 of Title 15, Commerce and Trade] ‘‘(b) SEC REGULATIONS.—Not later than 120 days after the date of the enactment of this Act [Dec. 31, 2007], the Securities and Exchange Commission shall prescribe regulations, in the public interest and for the protec- tion of investors, to require disclosure by each reg- istered investment company that divests itself of secu- rities in accordance with section 13(c) of the Invest- ment Company Act of 1940 [15 U.S.C. 80a–13(c)]. Such rules shall require the disclosure to be included in the next periodic report filed with the Commission under section 30 of such Act (15 U.S.C. 80a–29) following such divestiture. ‘‘SEC. 5. SENSE OF CONGRESS REGARDING CER- TAIN ERISA PLAN INVESTMENTS. ‘‘It is the sense of Congress that a fiduciary of an em- ployee benefit plan, as defined in section 3(3) of the Em- ployee Retirement Income Security Act of 1974 (29 U.S.C. 1002(3)), may divest plan assets from, or avoid in- vesting plan assets in, any person the fiduciary deter- mines is conducting or has direct investments in busi- ness operations in Sudan described in section 3(d) of this Act, without breaching the responsibilities, obliga- tions, or duties imposed upon the fiduciary by subpara- graph (A) or (B) of section 404(a)(1) of the Employee Re- tirement Income Security Act of 1974 (29 U.S.C. 1104(a)(1)), if— ‘‘(1) the fiduciary makes such determination using credible information that is available to the public; and ‘‘(2) the fiduciary prudently determines that the re- sult of such divestment or avoidance of investment would not be expected to provide the employee ben- efit plan with— ‘‘(A) a lower rate of return than alternative in- vestments with commensurate degrees of risk; or ‘‘(B) a higher degree of risk than alternative in- vestments with commensurate rates of return. ‘‘SEC. 6. PROHIBITION ON UNITED STATES GOV- ERNMENT CONTRACTS. ‘‘(a) CERTIFICATION REQUIREMENT.—The head of each executive agency shall ensure that each contract en- tered into by such executive agency for the procure- ment of goods or services includes a clause that re- quires the contractor to certify to the contracting offi- cer that the contractor does not conduct business oper- ations in Sudan described in section 3(d). ‘‘(b) REMEDIES.— ‘‘(1) IN GENERAL.—The head of an executive agency may impose remedies as provided in this subsection if the head of the executive agency determines that the contractor has submitted a false certification under subsection (a) after the date the Federal Acquisition Regulation is amended under subsection (e) to imple- ment the requirements of this section. ‘‘(2) TERMINATION.—The head of an executive agen- cy may terminate a covered contract upon the deter- mination of a false certification under paragraph (1). ‘‘(3) SUSPENSION AND DEBARMENT.—The head of an executive agency may debar or suspend a contractor from eligibility for Federal contracts upon the deter- mination of a false certification under paragraph (1). The debarment period may not exceed 3 years. ‘‘(4) INCLUSION ON LIST OF PARTIES EXCLUDED FROM FEDERAL PROCUREMENT AND NONPROCUREMENT PRO- GRAMS.—The Administrator of General Services shall include on the List of Parties Excluded from Federal Procurement and Nonprocurement Programs main- tained by the Administrator under part 9 of the Fed- eral Acquisition Regulation issued under section 25 of the Office of Federal Procurement Policy Act ([former] 41 U.S.C. 421) [see 41 U.S.C. 1303] each con- tractor that is debarred, suspended, proposed for de- barment or suspension, or declared ineligible by the head of an executive agency on the basis of a deter- mination of a false certification under paragraph (1). ‘‘(5) RULE OF CONSTRUCTION.—This section shall not be construed to limit the use of other remedies avail- able to the head of an executive agency or any other official of the Federal Government on the basis of a determination of a false certification under para- graph (1). ‘‘(c) WAIVER.— ‘‘(1) IN GENERAL.—The President may waive the re- quirement of subsection (a) on a case-by-case basis if the President determines and certifies in writing to the appropriate congressional committees that it is in the national interest to do so. ‘‘(2) REPORTING REQUIREMENT.—Not later than April 15, 2008, and semi-annually thereafter, the Adminis- trator for Federal Procurement Policy shall submit to the appropriate congressional committees a report on waivers granted under paragraph (1). ‘‘(d) IMPLEMENTATION THROUGH THE FEDERAL ACQUISI- TION REGULATION.—Not later than 120 days after the date of the enactment of this Act [Dec. 31, 2007], the Federal Acquisition Regulatory Council shall amend the Federal Acquisition Regulation issued pursuant to section 25 of the Office of Federal Procurement Policy Act ([former] 41 U.S.C. 421) [see 41 U.S.C. 1303] to pro- vide for the implementation of the requirements of this section. ‘‘(e) REPORT.—Not later than one year after the date the Federal Acquisition Regulation is amended under subsection (e) to implement the requirements of this section, the Administrator of General Services, with the assistance of other executive agencies, shall submit to the Office of Management and Budget and the appro- priate congressional committees a report on the ac- tions taken under this section. ‘‘SEC. 7. SENSE OF CONGRESS ON EFFORTS BY OTHER COUNTRIES. ‘‘It is the sense of Congress that the governments of all other countries should adopt measures, similar to those contained in this Act, to publicize the activities of all persons that, through their financial dealings, knowingly or unknowingly enable the Government of Sudan to continue to oppress and commit genocide against people in the Darfur region and other regions of Sudan, and to authorize divestment from, and the avoidance of further investment in, such persons. ‘‘SEC. 8. SENSE OF CONGRESS ON PEACEKEEPING EFFORTS IN SUDAN. ‘‘It is the sense of Congress that the President should— ‘‘(1) continue to work with other members of the international community, including the Permanent Members of the United Nations Security Council, the African Union, the European Union, the Arab League, and the Government of Sudan to facilitate the urgent deployment of a peacekeeping force to Sudan; and ‘‘(2) bring before the United Nations Security Coun- cil, and call for a vote on, a resolution requiring meaningful multilateral sanctions against the Gov- ernment of Sudan in response to its acts of genocide against the people of Darfur and its continued refusal to allow the implementation of a peacekeeping force in Sudan. ‘‘SEC. 9. SENSE OF CONGRESS ON THE INTER- NATIONAL OBLIGATIONS OF THE UNITED STATES. ‘‘It is the sense of Congress that nothing in this Act— ‘‘(1) conflicts with the international obligations or commitments of the United States; or Page 173 TITLE 50—WAR AND NATIONAL DEFENSE § 1701 ‘‘(2) affects article VI, clause 2, of the Constitution of the United States. ‘‘SEC. 10. REPORTS ON SANCTIONS IN SUPPORT OF PEACE IN DARFUR. ‘‘(a) IN GENERAL.—The Secretary of State and the Secretary of the Treasury shall submit to the appro- priate congressional committees a report assessing the effectiveness of sanctions imposed with respect to Sudan at the time the Secretary of State and the Sec- retary of the Treasury submits [sic] reports required under— ‘‘(1) the Sudan Peace Act (Public Law 107–245; 50 U.S.C. 1701 note) [formerly set out as a note below]; ‘‘(2) the Comprehensive Peace in Sudan Act of 2004 (Public Law 108–497; 50 U.S.C. 1701 note) [formerly set out as a note below]; and ‘‘(3) the Darfur Peace and Accountability Act of 2006 (Public Law 109–344; 50 U.S.C. 1701 note). ‘‘(b) ADDITIONAL REPORT BY THE SECRETARY OF THE TREASURY.—The Secretary of the Treasury shall sub- mit to the appropriate congressional committees a re- port assessing the effectiveness of sanctions imposed with respect to Sudan under the International Emer- gency Economic Powers Act (50 U.S.C. 1701 et seq.) at the time the President submits the reports required by section 204(c) of such Act (50 U.S.C. 1703(c)) with respect to Executive Order 13,067 [13067] (50 U.S.C. 1701 note; re- lating to blocking property of persons in connection with the conflict in Sudan’s region of Darfur). ‘‘(c) CONTENTS.—The reports required by subsections (a) and (b) shall include— ‘‘(1) a description of each sanction imposed under a law or executive order described in subsection (a) or (b); ‘‘(2) the name of the person subject to the sanction, if any; and ‘‘(3) whether or not the person subject to the sanc- tion is also subject to sanctions imposed by the United Nations. ‘‘SEC. 11. REPEAL OF REPORTING REQUIREMENT. ‘‘Section 6305 of the U.S. Troop Readiness, Veterans’ Care, Katrina Recovery, and Iraq Accountability Ap- propriations Act, 2007 (Public Law 110–28; 121 Stat. 172) is repealed. ‘‘SEC. 12. TERMINATION. ‘‘The provisions of sections 3, 4, 5, 6, and 10 shall ter- minate 30 days after the date on which the President has certified to Congress that the Government of Sudan has honored its commitments to— ‘‘(1) abide by United Nations Security Council Reso- lution 1769 (2007); ‘‘(2) cease attacks on civilians; ‘‘(3) demobilize and demilitarize the Janjaweed and associated militias; ‘‘(4) grant free and unfettered access for delivery of humanitarian assistance; and ‘‘(5) allow for the safe and voluntary return of refu- gees and internally displaced persons.’’ DARFUR PEACE AND ACCOUNTABILITY Pub. L. 109–344, Oct. 13, 2006, 120 Stat. 1869, as amend- ed by Pub. L. 116–283, div. A, title XII, § 1270D, Jan. 1, 2021, 134 Stat. 3978, provided that: ‘‘SECTION 1. SHORT TITLE; TABLE OF CONTENTS. ‘‘(a) SHORT TITLE.—This Act may be cited as the ‘Darfur Peace and Accountability Act of 2006’. ‘‘(b) TABLE OF CONTENTS.—[Omitted.] ‘‘SEC. 2. DEFINITIONS. ‘‘In this Act: ‘‘(1) AMIS.—The term ‘AMIS’ means the African Union Mission in Sudan. ‘‘(2) APPROPRIATE CONGRESSIONAL COMMITTEES.—The term ‘appropriate congressional committees’ means the Committee on Foreign Relations of the Senate and the Committee on International Relations [now Committee on Foreign Affairs] of the House of Rep- resentatives. ‘‘(3) COMPREHENSIVE PEACE AGREEMENT FOR SUDAN.— The term ‘Comprehensive Peace Agreement for Sudan’ means the peace agreement signed by the Government of Sudan and the SPLM/A in Nairobi, Kenya, on January 9, 2005. ‘‘(4) DARFUR PEACE AGREEMENT.—The term ‘Darfur Peace Agreement’ means the peace agreement signed by the Government of Sudan and by Minni Minnawi, leader of the Sudan Liberation Movement/Army Fac- tion, in Abuja, Nigeria, on May 5, 2006. ‘‘(5) GOVERNMENT OF SUDAN.—The term ‘Govern- ment of Sudan’— ‘‘(A) means— ‘‘(i) the government in Khartoum, Sudan, which is led by the National Congress Party (formerly known as the National Islamic Front); or ‘‘(ii) any successor government formed on or after the date of the enactment of this Act [Oct. 13, 2006] (including the coalition National Unity Government agreed upon in the Comprehensive Peace Agreement for Sudan); and ‘‘(B) does not include the regional government of Southern Sudan. ‘‘(6) OFFICIALS OF THE GOVERNMENT OF SUDAN.—The term ‘official of the Government of Sudan’ does not include any individual— ‘‘(A) who was not a member of such government before July 1, 2005; or ‘‘(B) who is a member of the regional government of Southern Sudan. ‘‘(7) SPLM/A.—The term ‘SPLM/A’ means the Sudan People’s Liberation Movement/Army. ‘‘SEC. 3. FINDINGS. ‘‘Congress makes the following findings: ‘‘(1) On July 23, 2004, Congress declared, ‘the atroc- ities unfolding in Darfur, Sudan, are genocide’. ‘‘(2) On September 9, 2004, Secretary of State Colin L. Powell stated before the Committee on Foreign Relations of the Senate, ‘genocide has occurred and may still be occurring in Darfur’, and ‘the Govern- ment of Sudan and the Janjaweed bear responsi- bility’. ‘‘(3) On September 21, 2004, in an address before the United Nations General Assembly, President George W. Bush affirmed the Secretary of State’s finding and stated, ‘[a]t this hour, the world is witnessing ter- rible suffering and horrible crimes in the Darfur re- gion of Sudan, crimes my government has concluded are genocide’. ‘‘(4) On July 30, 2004, the United Nations Security Council passed Security Council Resolution 1556 (2004), calling upon the Government of Sudan to dis- arm the Janjaweed militias and to apprehend and bring to justice Janjaweed leaders and their associ- ates who have incited and carried out violations of human rights and international humanitarian law, and establishing a ban on the sale or supply of arms and related materiel of all types, including the provi- sion of related technical training or assistance, to all nongovernmental entities and individuals, including the Janjaweed. ‘‘(5) On September 18, 2004, the United Nations Se- curity Council passed Security Council Resolution 1564 (2004), determining that the Government of Sudan had failed to meet its obligations under Secu- rity Council Resolution 1556 (2004), calling for a mili- tary flight ban in and over the Darfur region, de- manding the names of Janjaweed militiamen dis- armed and arrested for verification, establishing an International Commission of Inquiry on Darfur to in- vestigate violations of international humanitarian and human rights laws, and threatening sanctions should the Government of Sudan fail to fully comply with Security Council Resolutions 1556 (2004) and 1564 (2004), including such actions as to affect Sudan’s pe- troleum sector or individual members of the Govern- ment of Sudan. ‘‘(6) The Report of the International Commission of Inquiry on Darfur, submitted to the United Nations Page 174 TITLE 50—WAR AND NATIONAL DEFENSE § 1701 Secretary-General on January 25, 2005, established that the ‘Government of the Sudan and the Janjaweed are responsible for serious violations of international human rights and humanitarian law amounting to crimes under international law,’ that ‘these acts were conducted on a widespread and sys- tematic basis, and therefore may amount to crimes against humanity,’ and that officials of the Govern- ment of Sudan and other individuals may have acted with ‘genocidal intent’. ‘‘(7) On March 24, 2005, the United Nations Security Council passed Security Council Resolution 1590 (2005), establishing the United Nations Mission in Sudan (referred to in this section as the ‘UNMIS’), consisting of up to 10,000 military personnel and 715 civilian police tasked with supporting the implemen- tation of the Comprehensive Peace Agreement for Sudan and to ‘closely and continuously liaise and co- ordinate at all levels with the African Union Mission in Sudan (AMIS)’, which had been established by the African Union on May 24, 2004, to monitor the imple- mentation of the N’Djamena Humanitarian Ceasefire Agreement, signed on April 8, 2004, ‘with a view to- wards expeditiously reinforcing the effort to foster peace in Darfur’. ‘‘(8) On March 29, 2005, the United Nations Security Council passed Security Council Resolution 1591 (2005), extending the military embargo established by Security Council Resolution 1556 (2004) to all the par- ties to the N’Djamena Ceasefire Agreement of April 8, 2004, and any other belligerents in the states of North Darfur, South Darfur, and West Darfur, calling for an asset freeze and travel ban against those individuals who impede the peace process, constitute a threat to stability in Darfur and the region, commit violations of international humanitarian or human rights law or other atrocities, are responsible for offensive mili- tary overflights, or violate the military embargo, and establishing a Committee of the Security Council and a panel of experts to assist in monitoring compliance with Security Council Resolutions 1556 (2004) and 1591 (2005). ‘‘(9) On March 31, 2005, the United Nations Security Council passed Security Council Resolution 1593 (2005), referring the situation in Darfur since July 1, 2002, to the prosecutor of the International Criminal Court and calling on the Government of Sudan and all parties to the conflict to cooperate fully with the Court. ‘‘(10) On July 30, 2005, Dr. John Garang de Mabior, the newly appointed Vice President of Sudan and the leader of the SPLM/A for the past 21 years, was killed in a tragic helicopter crash in Southern Sudan, sparking riots in Khartoum and challenging the com- mitment of all Sudanese to the Comprehensive Peace Agreement for Sudan. ‘‘(11) On January 12, 2006, the African Union Peace and Security Council issued a communique endors- ing, in principle, a transition from AMIS to a United Nations peacekeeping operation and requested the Chairperson of the Council to initiate consultations with the United Nations and other stakeholders to- ward this end. ‘‘(12) On February 3, 2006, the United Nations Secu- rity Council issued a Presidential Statement author- izing the initiation of contingency planning for a transition from AMIS to a United Nations peace- keeping operation. ‘‘(13) On March 10, 2006, the African Union Peace and Security Council extended the mandate of AMIS, which had reached a force size of 7,000, to September 30, 2006, while simultaneously endorsing the transi- tion of AMIS to a United Nations peacekeeping oper- ation and setting April 30, 2006 as the deadline for reaching an agreement to resolve the crisis in Darfur. ‘‘(14) On March 24, 2006, the United Nations Security Council passed Security Council Resolution 1663 (2006), which— ‘‘(A) welcomes the African Peace and Security Council’s March 10, 2006 communique; and ‘‘(B) requests that the United Nations Secretary- General, jointly with the African Union and in con- sultation with the parties to the Abuja Peace Talks, expedite planning for the transition of AMIS to a United Nations peacekeeping operation. ‘‘(15) On March 29, 2006, during a speech at Freedom House, President Bush called for a transition to a United Nations peacekeeping operation and ‘addi- tional forces with a NATO overlay . . . to provide logistical and command-and-control and airlift ca- pacity, but also to send a clear signal to parties in- volved that the west is determined to help effect a settlement.’. ‘‘(16) On April 25, 2006, the United Nations Security Council passed Security Council Resolution 1672 (2006), unanimously imposing targeted financial sanc- tions and travel restrictions on 4 individuals who had been identified as those who, among other acts, ‘im- pede the peace process, constitute a threat to sta- bility in Darfur and the region, commit violations of international humanitarian or human rights law or other atrocities’, including the Commander of the Western Military Region for the armed forces of Sudan, the Paramount Chief of the Jalul Tribe in North Darfur, the Commander of the Sudan Libera- tion Army, and the Field Commander of the National Movement for Reform and Development. ‘‘(17) On May 5, 2006, under the auspices of African Union mediation and the direct engagement of the international community, including the United States, the Government of Sudan and the largest rebel faction in Darfur, the Sudan Liberation Move- ment, led by Minni Minnawi, signed the Darfur Peace Agreement, which addresses security, power sharing, and wealth sharing issues between the parties. ‘‘(18) In August 2006, the Sudanese government began to amass military forces and equipment in the Darfur region in contravention of the Darfur Peace Agreement to which they are signatories in what ap- pears to be preliminary to full scale war. ‘‘(19) On August 30, 2006, the United Nations Secu- rity Council passed Security Council Resolution 1706 (2006), without dissent and with abstentions by China, Russian Federation, and Qatar, thereby asserting that the existing United Nations Mission in Sudan ‘shall take over from AMIS responsibility for sup- porting the implementation of the Darfur Peace Agreement upon the expiration of AMIS’ mandate but in any event no later than 31 December 2006’, and that UNMIS ‘shall be strengthened by up to 17,300 military personnel . . . 3,300 civilian police personnel and up to 16 Formed Police Units’, which ‘shall begin to be deployed [to Darfur] no later than 1 October 2006’. ‘‘(20) Between August 30 and September 3, 2006, President Bashir and other senior members of his ad- ministration have publicly rejected United Nations Security Council Resolution 1706 (2006), calling it ille- gal and a western invasion of his country, despite the current presence of 10,000 United Nations peace- keepers under the UNMIS peacekeeping force. ‘‘(21) Since 1993, the Secretary of State has deter- mined, pursuant to [former] section 6(j) of the Export Administration Act of 1979 (50 App. U.S.C. 2405(j)) [former 50 U.S.C. 4605(j)], that Sudan is a country, the government of which has repeatedly provided support for acts of international terrorism, thereby restrict- ing United States assistance, defense exports and sales, and financial and other transactions with the Government of Sudan. ‘‘SEC. 4. SENSE OF CONGRESS. ‘‘It is the sense of Congress that— ‘‘(1) the genocide unfolding in the Darfur region of Sudan is characterized by acts of terrorism and atrocities directed against civilians, including mass murder, rape, and sexual violence committed by the Janjaweed and associated militias with the com- plicity and support of the National Congress Party- led faction of the Government of Sudan; Page 175 TITLE 50—WAR AND NATIONAL DEFENSE § 1701 ‘‘(2) all parties to the conflict in the Darfur region have continued to violate the N’Djamena Ceasefire Agreement of April 8, 2004, and the Abuja Protocols of November 9, 2004, and violence against civilians, hu- manitarian aid workers, and personnel of AMIS is in- creasing; ‘‘(3) the African Union should immediately make all necessary preparations for an orderly transition to a United Nations peacekeeping operation, which will maintain an appropriate level of African partici- pation, with a mandate to protect civilians and hu- manitarian operations, assist in the implementation of the Darfur Peace Agreement, and deter violence in the Darfur region; ‘‘(4) the international community, including the United States and the European Union, should imme- diately act to mobilize sufficient political, military, and financial resources through the United Nations and the North Atlantic Treaty Organization, to sup- port the transition of AMIS to a United Nations peacekeeping operation with the size, strength, and capacity necessary to protect civilians and humani- tarian operations, to assist with the implementation of the Darfur Peace Agreement, and to end the con- tinued violence in the Darfur region; ‘‘(5) if an expanded and reinforced AMIS or subse- quent United Nations peacekeeping operation fails to stop genocide in the Darfur region, the international community should take additional measures to pre- vent and suppress acts of genocide in the Darfur re- gion; ‘‘(6) acting under article 5 of the Charter of the United Nations, the United Nations Security Council should call for suspension of the Government of Su- dan’s rights and privileges of membership by the Gen- eral Assembly until such time as the Government of Sudan has honored pledges to cease attacks upon ci- vilians, demobilize and demilitarize the Janjaweed and associated militias, and grant free and unfettered access for deliveries of humanitarian assistance in the Darfur region; ‘‘(7) the President should use all necessary and ap- propriate diplomatic means to ensure the full dis- charge of the responsibilities of the Committee of the United Nations Security Council and the panel of ex- perts established pursuant to section 3(a) of Security Council Resolution 1591 (2005); ‘‘(8) the President should direct the United States Permanent Representative to the United Nations to use the voice, vote, and influence of the United States to urge the adoption of a resolution by the United Nations Security Council that— ‘‘(A) extends the military embargo established by United Nations Security Resolutions 1556 (2004) and 1591 (2005) to include a total ban on the sale or sup- ply of offensive military equipment to the Govern- ment of Sudan, except for use in an internationally recognized demobilization program or for nonlethal assistance necessary to carry out elements of the Comprehensive Peace Agreement for Sudan or the Darfur Peace Agreement; and ‘‘(B) calls upon those member states of the United Nations that continue to undermine efforts to fos- ter peace in Sudan by providing military assistance to the Government of Sudan, government supported militias, or any rebel group operating in Darfur in violation of the embargo on such assistance and equipment, as called for in United Nations Security Council Resolutions 1556 (2004) and 1591 (2005), to immediately cease and desist. ‘‘(9) the United States should not provide assistance to the Government of Sudan, other than assistance necessary for the implementation of the Comprehen- sive Peace Agreement for Sudan and the Darfur Peace Agreement, the support of the regional Govern- ment of Southern Sudan, the Transitional Darfur Re- gional Authority, and marginalized areas in Northern Sudan (including the Nuba Mountains, Southern Blue Nile, Abyei, Eastern Sudan (Beja), Darfur, and Nubia), or for humanitarian purposes in Sudan, until the Government of Sudan has honored pledges to cease attacks upon civilians, demobilize and demili- tarize the Janjaweed and associated militias, grant free and unfettered access for deliveries of humani- tarian assistance in the Darfur region, and allow for the safe and voluntary return of refugees and inter- nally displaced persons; ‘‘(10) the President should seek to assist members of the Sudanese diaspora in the United States by es- tablishing a student loan forgiveness program for those individuals who commit to return to Southern Sudan for a period of not less than 5 years for the purpose of contributing professional skills needed for the reconstruction of Southern Sudan; ‘‘(11) the Presidential Special Envoy for Sudan should be provided with appropriate resources and a clear mandate to— ‘‘(A) provide stewardship of efforts to implement the Comprehensive Peace Agreement for Sudan and the Darfur Peace Agreement; ‘‘(B) seek ways to bring stability and peace to the Darfur region; ‘‘(C) address instability elsewhere in Sudan, Chad, and northern Uganda; and ‘‘(D) pursue a truly comprehensive peace through- out the region; ‘‘(12) the international community should strongly condemn attacks against humanitarian workers and African Union personnel, and the forcible recruit- ment of refugees and internally displaced persons from camps in Chad and Sudan, and demand that all armed groups in the region, including the forces of the Government of Sudan, the Janjaweed, associated militias, the Sudan Liberation Movement/Army, the Justice and Equality Movement, the National Move- ment for Reform and Development (NMRD), and all other armed groups refrain from such activities; ‘‘(13) the United States should fully support the Comprehensive Peace Agreement for Sudan and the Darfur Peace Agreement and urge rapid implementa- tion of their terms; ‘‘(14) the May 5, 2006[,] signing of the Darfur Peace Agreement between the Government of Sudan and the Sudan Liberation Movement was a positive devel- opment in a situation that has seen little political progress in 2 years and should be seized upon by all sides to begin the arduous process of post-conflict re- construction, restitution, justice, and reconciliation; and ‘‘(15) the new leadership of the Sudan People’s Lib- eration Movement (referred to in this paragraph as ‘SPLM’) should— ‘‘(A) seek to transform SPLM into an inclusive, transparent, and democratic body; ‘‘(B) reaffirm the commitment of SPLM to— ‘‘(i) bring peace to Southern Sudan, the Darfur region, and Eastern Sudan; and ‘‘(ii) eliminate safe haven for regional rebel movements, such as the Lord’s Resistance Army; and ‘‘(C) remain united in the face of efforts to under- mine SPLM. ‘‘SEC. 5. SANCTIONS IN SUPPORT OF PEACE IN DARFUR. ‘‘(a) BLOCKING OF ASSETS AND RESTRICTION ON VISAS.—[Amended Pub. L. 108–497, formerly set out below.] ‘‘(b) WAIVER.—[Amended Pub. L. 108–497, formerly set out below.] ‘‘(c) SANCTIONS AGAINST JANJAWEED COMMANDERS AND COORDINATORS OR OTHER INDIVIDUALS.—It is the sense of Congress, that the President should immediately im- pose the sanctions described in section 6(c) of the Com- prehensive Peace in Sudan Act of 2004 [Pub. L. 108–497, formerly set out below], as added by subsection (a), against any individual, including the Janjaweed com- manders and coordinators, identified as those who, among other acts, ‘impede the peace process, constitute a threat to stability in Darfur and the region, commit Page 176 TITLE 50—WAR AND NATIONAL DEFENSE § 1701 violations of international humanitarian or human rights law or other atrocities’. ‘‘SEC. 6. ADDITIONAL AUTHORITIES TO DETER AND SUPPRESS GENOCIDE IN DARFUR. ‘‘(a) PRESIDENTIAL ASSISTANCE TO SUPPORT AMIS.— Subject to subsection (b) and notwithstanding any other provision of law, the President is authorized to provide AMIS with— ‘‘(1) assistance for any expansion of the mandate, size, strength, and capacity to protect civilians and humanitarian operations in order to help stabilize the Darfur region of Sudan and dissuade and deter air attacks directed against civilians and humanitarian workers; and ‘‘(2) assistance in the areas of logistics, transport, communications, material support, technical assist- ance, training, command and control, aerial surveil- lance, and intelligence. ‘‘(b) CONDITIONS.— ‘‘(1) IN GENERAL.—Assistance provided under sub- section (a)— ‘‘(A) shall be used only in the Darfur region; and ‘‘(B) shall not be provided until AMIS has agreed not to transfer title to, or possession of, any such assistance to anyone not an officer, employee or agent of AMIS (or subsequent United Nations peacekeeping operation), and not to use or to per- mit the use of such assistance for any purposes other than those for which such assistance was fur- nished, unless the consent of the President has first been obtained, and written assurances reflecting all of the forgoing have been obtained from AMIS by the President. ‘‘(2) CONSENT.—If the President consents to the transfer of such assistance to anyone not an officer, employee, or agent of AMIS (or subsequent United Nations peacekeeping operation), or agrees to permit the use of such assistance for any purposes other than those for which such assistance was furnished, the President shall immediately notify the Committee on Foreign Relations of the Senate and the Committee on International Relations [now Committee on For- eign Affairs] of the House of Representatives in ac- cordance with the procedures applicable to re- programming notifications under section 634A of the Foreign Assistance Act of 1961 (22 U.S.C. 2394–1). ‘‘(c) NATO ASSISTANCE TO SUPPORT AMIS.—It is the sense of Congress that the President should continue to instruct the United States Permanent Representative to the North Atlantic Treaty Organization (referred to in this section as ‘NATO’) to use the voice, vote, and influence of the United States at NATO to— ‘‘(1) advocate NATO reinforcement of the AMIS and its orderly transition to a United Nations peace- keeping operation, as appropriate; ‘‘(2) provide assets to help dissuade and deter air strikes directed against civilians and humanitarian workers in the Darfur region of Sudan; and ‘‘(3) provide other logistical, transportation, com- munications, training, technical assistance, com- mand and control, aerial surveillance, and intel- ligence support. ‘‘(d) RULE OF CONSTRUCTION.—Nothing in this Act, or any amendment made by this Act, shall be construed as a provision described in section 5(b)(1) or 8(a)(1) of the War Powers Resolution (Public Law 93–148; 50 U.S.C. 1544(b), 1546(a)(1) [1547(a)(1)]). ‘‘(e) DENIAL OF ENTRY AT UNITED STATES PORTS TO CERTAIN CARGO SHIPS OR OIL TANKERS.— ‘‘(1) IN GENERAL.—The President should take all necessary and appropriate steps to deny the Govern- ment of Sudan access to oil revenues, including by prohibiting entry at United States ports to cargo ships or oil tankers engaged in business or trade ac- tivities in the oil sector of Sudan or involved in the shipment of goods for use by the armed forces of Sudan until such time as the Government of Sudan has honored its commitments to cease attacks on ci- vilians, demobilize and demilitarize the Janjaweed and associated militias, grant free and unfettered ac- cess for deliveries of humanitarian assistance, and allow for the safe and voluntary return of refugees and internally displaced persons. ‘‘(2) EXCEPTION.—Paragraph (1) shall not apply with respect to cargo ships or oil tankers involved in— ‘‘(A) an internationally-recognized demobiliza- tion program; ‘‘(B) the shipment of non-lethal assistance nec- essary to carry out elements of the Comprehensive Peace Agreement for Sudan or the Darfur Peace Agreement; or ‘‘(C) the shipment of military assistance nec- essary to carry out elements of an agreement re- ferred to in subparagraph (B) if the President has made the determination set forth in section 8(c)(2). ‘‘(f) PROHIBITION ON ASSISTANCE TO COUNTRIES IN VIO- LATION OF UNITED NATIONS SECURITY COUNCIL RESOLU- TIONS 1556 AND 1591.— ‘‘(1) PROHIBITION.—Amounts made available to carry out the Foreign Assistance Act of 1961 (22 U.S.C. 2151 et seq.) may not be used to provide assist- ance (other than humanitarian assistance) to the government of a country that is in violation of the embargo on military assistance with respect to Sudan imposed pursuant to United Nations Security Council Resolutions 1556 (2004) and 1591 (2005). ‘‘(2) WAIVER.—The President may waive the appli- cation of paragraph (1) if the President determines, and certifies to the appropriate congressional com- mittees, that such waiver is in the national interests of the United States. ‘‘SEC. 7. CONTINUATION OF RESTRICTIONS. ‘‘(a) IN GENERAL.—Restrictions against the Govern- ment of Sudan that were imposed pursuant to Execu- tive Order No. 13067 of November 3, 1997 (62 Federal Reg- ister 59989) [listed in a table below], title III and sec- tions 508, 512, 527, and 569 of the Foreign Operations, Export Financing, and Related Programs Appropria- tions Act, 2006 (Public Law 109–102) [119 Stat. 2191, 2197, 2199, 2205, 2228], or any other similar provision of law, shall remain in effect, and shall not be lifted pursuant to such provisions of law, until the President certifies to the appropriate congressional committees that the Government of Sudan is acting in good faith to— ‘‘(1) implement the Darfur Peace Agreement; ‘‘(2) disarm, demobilize, and demilitarize the Janjaweed and all militias allied with the Govern- ment of Sudan; ‘‘(3) adhere to all associated United Nations Secu- rity Council Resolutions, including Security Council Resolutions 1556 (2004), 1564 (2004), 1591 (2005), 1593 (2005), 1663 (2006), 1665 (2006), and 1706 (2006); ‘‘(4) negotiate a peaceful resolution to the crisis in eastern Sudan; ‘‘(5) fully cooperate with efforts to disarm, demobi- lize, and deny safe haven to members of the Lord’s Resistance Army in Sudan; and ‘‘(6) fully implement the Comprehensive Peace Agreement for Sudan without manipulation or delay, by— ‘‘(A) implementing the recommendations of the Abyei Boundaries Commission Report; ‘‘(B) establishing other appropriate commissions and implementing and adhering to the rec- ommendations of such commissions consistent with the terms of the Comprehensive Peace Agreement for Sudan; ‘‘(C) adhering to the terms of the Wealth Sharing Agreement; and ‘‘(D) withdrawing government forces from South- ern Sudan consistent with the terms of the Com- prehensive Peace Agreement for Sudan. ‘‘(b) WAIVER.—The President may waive the applica- tion of subsection (a) if the President determines, and certifies to the appropriate congressional committees, that such waiver is in the national interests of the United States. ‘‘SEC. 8. ASSISTANCE EFFORTS IN SUDAN. ‘‘(a) ASSISTANCE FOR INTERNATIONAL MALARIA CON- TROL ACT.—[Repealed section 501 of Pub. L. 106–570, for- merly set out below.] Page 177 TITLE 50—WAR AND NATIONAL DEFENSE § 1701 ‘‘(b) COMPREHENSIVE PEACE IN SUDAN ACT.—[Amended Pub. L. 108–497, formerly set out below.] ‘‘(c) ECONOMIC ASSISTANCE.— ‘‘(1) IN GENERAL.—Notwithstanding any other provi- sion of law, the President is authorized to provide economic assistance for Sudan in an effort to provide emergency relief, to promote economic self-suffi- ciency, to build civil authority, to provide education, to enhance rule of law and the development of judi- cial and legal frameworks, and to support people to people reconciliation efforts, or to implement any nonmilitary program in support of any viable peace agreement in Sudan, including the Comprehensive Peace Agreement for Sudan and the Darfur Peace Agreement. ‘‘(2) CONGRESSIONAL NOTIFICATION.—Assistance may not be obligated under this subsection until 15 days after the date on which the Secretary of State noti- fies the congressional committees specified in section 634A of the Foreign Assistance Act of 1961 (22 U.S.C. 2394–1) of such obligation in accordance with the pro- cedures applicable to reprogramming notifications under such section. ‘‘(d) AUTHORIZED MILITARY ASSISTANCE.— ‘‘(1) IN GENERAL.—If the President has not made a certification under section 12(a)(3) of the Sudan Peace Act [Pub. L. 107–245, formerly set out below] (50 U.S.C. 1701 note) regarding the noncompliance of the SPLM/A or the Government of Southern Sudan with the Comprehensive Peace Agreement for Sudan, the President, notwithstanding any other provision of law, may authorize, for each of fiscal years 2006, 2007, and 2008, the provision of the following assistance to the Government of Southern Sudan for the purpose of constituting a professional military force— ‘‘(A) non-lethal military equipment and related defense services, including training, controlled under the International Traffic in Arms Regula- tions (22 C.F.R. 120.1 et seq.) if the President— ‘‘(i) determines that the provision of such items is in the national security interest of the United States; and ‘‘(ii) not later than 15 days before the provision of any such items, notifies the Committee on For- eign Relations of the Senate and the Committee on International Relations [now Committee on Foreign Affairs] of the House of Representatives of such determination; and ‘‘(B) small arms and ammunition under cat- egories I and III of the United States Munitions List (22 C.F.R. 121.1 et seq.) if the President— ‘‘(i) determines that the provision of such equipment is essential to the national security interests of the United States; and ‘‘(ii) consistent with the procedures set forth in section 614(a)(3) of the Foreign Assistance Act of 1961 (22 U.S.C. 2364(a)(3)), notifies the Committee on Foreign Relations of the Senate and the Com- mittee on International Relations [now Com- mittee on Foreign Affairs] of the House of Rep- resentatives of such determination. ‘‘(2) END USE ASSURANCES.—For each item exported pursuant to this subsection or subsection (c), the President shall include with the notification to Con- gress under subparagraphs (A)(ii) and (B)(ii) of para- graph (1)— ‘‘(A) an identification of the end users to which the provision of assistance is being made; ‘‘(B) the dollar value of the items being provided; ‘‘(C) a description of the items being provided; and ‘‘(D) a description of the end use verification pro- cedures that will be applied to such items, includ- ing— ‘‘(i) any special assurances obtained from the Government of Southern Sudan or other author- ized end users regarding such equipment; and ‘‘(ii) the end use or retransfer controls that will be applied to any items provided under this sub- section. ‘‘(3) WAIVER AUTHORITY.—Section 40 of the Arms Ex- port Control Act (22 U.S.C. 2780) shall not apply to as- sistance provided under paragraph (1). ‘‘(e) EXCEPTION TO PROHIBITIONS IN EXECUTIVE ORDER NUMBER 13067.—Notwithstanding any other provision of law, the prohibitions set forth with respect to Sudan in Executive Order No. 13067 (62 Fed. Reg. 59989) [listed in a table below] shall not apply to activities or related transactions with respect to Southern Sudan, Southern Kordofan/Nuba Mountains State, Blue Nile State, Abyei, Darfur, or marginalized areas in and around Khartoum. ‘‘SEC. 9. REPORTING REQUIREMENTS. ‘‘[Amended Pub. L. 107–245, set out below.]’’ [Functions of President under section 6(a), (b), (f) of Pub. L. 109–344, set out above, assigned to Secretary of State by Memorandum of President of the United States, Jan. 25, 2007, 72 F.R. 5149.] [Functions of President under sections 7 and 8 of Pub. L. 109–344, set out above, assigned to Secretary of State by section 4(e) of Ex. Ord. No. 13412, Oct. 13, 2006, 71 F.R. 61370, listed in a table below.] [Effective July 12, 2017, and subject to certain condi- tions, function of President under section 8 of Pub. L. 109–344, set out above, assigned to Secretary of State by sections 6 and 12(b) of Ex. Ord. No. 13761, Jan. 13, 2017, 82 Stat. 5331, 5333, set out below.] CODIFICATION OF SANCTIONS AGAINST IRAN Pub. L. 109–293, title I, § 101, Sept. 30, 2006, 120 Stat. 1344, provided that: ‘‘(a) CODIFICATION OF SANCTIONS.—Except as otherwise provided in this section, United States sanctions with respect to Iran imposed pursuant to sections 1 and 3 of Executive Order No. 12957 [listed in a table below], sec- tions 1(e), (1)(g), and (3) of Executive Order No. 12959 [listed in a table below], and sections 2, 3, and 5 of Ex- ecutive Order No. 13059 [listed in a table below] (relat- ing to exports and certain other transactions with Iran) as in effect on January 1, 2006, shall remain in effect. The President may terminate such sanctions, in whole or in part, if the President notifies Congress at least 15 days in advance of such termination. In the event of ex- igent circumstances, the President may exercise the authority set forth in the preceding sentence without regard to the notification requirement stated therein, except that such notification shall be provided as early as practicable, but in no event later than three working days after such exercise of authority. ‘‘(b) NO EFFECT ON OTHER SANCTIONS RELATING TO SUPPORT FOR ACTS OF INTERNATIONAL TERRORISM.— Nothing in this Act [see Short Title of 2006 Amendment note above] shall affect any United States sanction, control, or regulation as in effect on January 1, 2006, re- lating to a determination under [former] section 6(j)(1)(A) of the Export Administration Act of 1979 (50 U.S.C. App. 2405(j)(1)(A)) [former 50 U.S.C. 4605(j)(1)(A)], section 620A(a) of the Foreign Assistance Act of 1961 (22 U.S.C. 2371(a)), or section 40(d) of the Arms Export Con- trol Act (22 U.S.C. 2780(d)) that the Government of Iran has repeatedly provided support for acts of inter- national terrorism.’’ BURMESE FREEDOM AND DEMOCRACY Pub. L. 112–192, Oct. 5, 2012, 126 Stat. 1441, as amended by Pub. L. 113–235, div. J, title VII, § 7043(b)(8)(A), Dec. 16, 2014, 128 Stat. 2648, provided that: ‘‘SECTION 1. INTERNATIONAL FINANCIAL INSTITU- TIONS. ‘‘Upon a determination by the President that it is in the national interest of the United States to support assistance for Burma, the Secretary of the Treasury may instruct the United States Executive Director at any international financial institution to vote in favor of the provision of assistance for Burma by the institu- tion, notwithstanding any other provision of law. The President shall provide the appropriate congressional committees with a written notice of any such deter- mination. Page 178 TITLE 50—WAR AND NATIONAL DEFENSE § 1701 ‘‘SEC. 2. CONSULTATION AND NOTIFICATION RE- QUIREMENT. ‘‘(a) Prior to making the determination contained in section 1, the Secretary of State and the Secretary of the Treasury each shall consult with the appropriate congressional committees on assistance to be provided to Burma by an international financial institution, and the national interests served by such assistance. ‘‘(b) The Secretary of the Treasury shall instruct the United States Executive Director at each international financial institution that the United States Executive Director may not vote in favor of any provision of as- sistance by the institution to Burma until at least 15 days has elapsed from the date on which the President has provided notice pursuant to section 1. ‘‘SEC. 3. DEFINITIONS. ‘‘In this Act: ‘‘(1) The term ‘appropriate congressional commit- tees’ means the Committees on Foreign Relations, Banking, Housing, and Urban Affairs, and Appropria- tions of the Senate, and the Committees on Financial Services, Foreign Affairs, and Appropriations of the House of Representatives. ‘‘(2) The term ‘assistance’ means any loan or finan- cial or technical assistance, or any other use of funds. ‘‘(3) The term ‘international financial institution’ shall have the same meaning as contained in section 7029(d) of division I of Public Law 112–74 [125 Stat. 1209] and shall also include the Multilateral Invest- ment Guarantee Agency.’’ [Pub. L. 113–235, div. J, title VII, § 7043(b)(8)(B), Dec. 16, 2014, 128 Stat. 2648, provided that: ‘‘The amendment made in subparagraph (A) [amending section 3(3) of Pub. L. 112–192, set out above, by inserting ‘and shall also include the Multilateral Investment Guarantee Agency’ after ‘Public Law 112–74’] shall only take effect if the Secretary of State certifies and reports to the Committees on Appropriations by September 30, 2015 that the Government of Burma has implemented re- forms, in consultation with Burma’s political opposi- tion and ethnic groups, providing for free and fair presi- dential and parliamentary elections.’’] [Functions of President under section 1 of Pub. L. 112–192, set out above, delegated to Secretary of State by Memorandum of President of the United States, Oct. 10, 2012, 77 F.R. 65455.] Pub. L. 110–286, July 29, 2008, 122 Stat. 2632, as amend- ed by Pub. L. 117–81, div. E, title LI, § 5106, Dec. 27, 2021, 135 Stat. 2347, provided that: ‘‘SECTION 1. SHORT TITLE. ‘‘This Act may be cited as the ‘Tom Lantos Block Burmese JADE (Junta’s Anti-Democratic Efforts) Act of 2008’. ‘‘SEC. 2. FINDINGS. ‘‘Congress makes the following findings: ‘‘(1) Beginning on August 19, 2007, hundreds of thou- sands of citizens of Burma, including thousands of Buddhist monks and students, participated in peace- ful demonstrations against rapidly deteriorating liv- ing conditions and the violent and repressive policies of the State Peace and Development Council (SPDC), the ruling military regime in Burma— ‘‘(A) to demand the release of all political pris- oners, including 1991 Nobel Peace Prize winner Aung San Suu Kyi; and ‘‘(B) to urge the regime to engage in meaningful dialogue to pursue national reconciliation. ‘‘(2) The Burmese regime responded to these peace- ful protests with a violent crackdown leading to the reported killing of approximately 200 people, includ- ing a Japanese photojournalist, and hundreds of inju- ries. Human rights groups further estimate that over 2,000 individuals have been detained, arrested, impris- oned, beaten, tortured, or otherwise intimidated as part of this crackdown. Burmese military, police, and their affiliates in the Union Solidarity Development Association (USDA) perpetrated almost all of these abuses. The Burmese regime continues to detain, tor- ture, and otherwise intimidate those individuals whom [sic] it believes participated in or led the pro- tests and it has closed down or otherwise limited ac- cess to several monasteries and temples that played key roles in the peaceful protests. ‘‘(3) The Department of State’s 2006 Country Re- ports on Human Rights Practices found that the SPDC— ‘‘(A) routinely restricts freedoms of speech, press, assembly, association, religion, and movement; ‘‘(B) traffics in persons; ‘‘(C) discriminates against women and ethnic mi- norities; ‘‘(D) forcibly recruits child soldiers and child labor; and ‘‘(E) commits other serious violations of human rights, including extrajudicial killings, custodial deaths, disappearances, rape, torture, abuse of pris- oners and detainees, and the imprisonment of citi- zens arbitrarily for political motives. ‘‘(4) Aung San Suu Kyi has been arbitrarily impris- oned or held under house arrest for more than 12 years. ‘‘(5) In October 2007, President Bush announced a new Executive Order to tighten economic sanctions against Burma and block property and travel to the United States by certain senior leaders of the SPDC, individuals who provide financial backing for the SPDC, and individuals responsible for human rights violations and impeding democracy in Burma. Addi- tional names were added in updates done on October 19, 2007, and February 5, 2008. However, only 38 dis- crete individuals and 13 discrete companies have been designated under those sanctions, once aliases and companies with similar names were removed. By con- trast, the Australian Government identified more than 400 individuals and entities subject to its sanc- tions applied in the wake of the 2007 violence. The European Union’s regulations to implement sanctions against Burma have identified more than 400 individ- uals among the leadership of government, the mili- tary, and the USDA, along with nearly 1300 state and military-run companies potentially subject to its sanctions. ‘‘(6) The Burmese regime and its supporters finance their ongoing violations of human rights, undemo- cratic policies, and military activities in part through financial transactions, travel, and trade in- volving the United States, including the sale of petro- leum products, gemstones and hardwoods. ‘‘(7) In 2006, the Burmese regime earned more than $500 million from oil and gas projects, over $500 mil- lion from sale of hardwoods, and in excess of $300 mil- lion from the sale of rubies and jade. At least $500 million of the $2.16 billion earned in 2006 from Bur- ma’s two natural gas pipelines, one of which is 28 per- cent owned by a United States company, went to the Burmese regime. The regime has earned smaller amounts from oil and gas exploration and non-oper- ational pipelines but United States investors are not involved in those transactions. Industry sources esti- mate that over $100 million annually in Burmese ru- bies and jade enters the United States. Burma’s offi- cial statistics report that Burma exported $500 mil- lion in hardwoods in 2006 but NGOs estimate the true figure to exceed $900 million. Reliable statistics on the amount of hardwoods imported into the United States from Burma in the form of finished products are not available, in part due to widespread illegal logging and smuggling. ‘‘(8) The SPDC seeks to evade the sanctions im- posed in the Burmese Freedom and Democracy Act of 2003 [Pub. L. 108–61, set out below]. Millions of dollars in gemstones that are exported from Burma ulti- mately enter the United States, but the Burmese re- gime attempts to conceal the origin of the gemstones in an effort to evade sanctions. For example, accord- ing to gem industry experts, over 90 percent of the world’s ruby supply originates in Burma but only 3 percent of the rubies entering the United States are Page 179 TITLE 50—WAR AND NATIONAL DEFENSE § 1701 claimed to be of Burmese origin. The value of Bur- mese gemstones is predominantly based on their original quality and geological origin, rather than the labor involved in cutting and polishing the gemstones. ‘‘(9) According to hardwood industry experts, Burma is home to approximately 60 percent of the world’s native teak reserves. More than 1⁄4 of the world’s internationally traded teak originates from Burma, and hardwood sales, mainly of teak, represent more than 11 percent of Burma’s official foreign ex- change earnings. ‘‘(10) The SPDC owns a majority stake in virtually all enterprises responsible for the extraction and trade of Burmese natural resources, including all mining operations, the Myanmar Timber Enterprise, the Myanmar Gems Enterprise, the Myanmar Pearl Enterprise, and the Myanmar Oil and Gas Enterprise. Virtually all profits from these enterprises enrich the SPDC. ‘‘(11) On October 11, 2007, the United Nations Secu- rity Council, with the consent of the People’s Repub- lic of China, issued a statement condemning the vio- lence in Burma, urging the release of all political prisoners, and calling on the SPDC to enter into a United Nations-mediated dialogue with its political opposition. ‘‘(12) The United Nations special envoy Ibrahim Gambari traveled to Burma from September 29, 2007, through October 2, 2007, holding meetings with SPDC leader General Than Shwe and democracy advocate Aung San Suu Kyi in an effort to promote dialogue between the SPDC and democracy advocates. ‘‘(13) The leaders of the SPDC will have a greater incentive to cooperate with diplomatic efforts by the United Nations, the Association of Southeast Asian Nations, and the People’s Republic of China if they come under targeted economic pressure that denies them access to personal wealth and sources of rev- enue. ‘‘(14) On the night of May 2, 2008, through the morn- ing of May 3, 2008, tropical cyclone Nargis struck the coast of Burma, resulting in the deaths of tens of thousands of Burmese. ‘‘(15) The response to the cyclone by Burma’s mili- tary leaders illustrates their fundamental lack of concern for the welfare of the Burmese people. The regime did little to warn citizens of the cyclone, did not provide adequate humanitarian assistance to ad- dress basic needs and prevent loss of life, and con- tinues to fail to provide life-protecting and life-sus- taining services to its people. ‘‘(16) The international community responded im- mediately to the cyclone and attempted to provide humanitarian assistance. More than 30 disaster as- sessment teams from 18 different nations and the United Nations arrived in the region, but the Bur- mese regime denied them permission to enter the country. Eventually visas were granted to aid work- ers, but the regime continues to severely limit their ability to provide assistance in the affected areas. ‘‘(17) Despite the devastation caused by Cyclone Nargis, the junta went ahead with its referendum on a constitution drafted by an illegitimate assembly, conducting voting in unaffected areas on May 10, 2008, and in portions of the affected Irrawaddy region and Rangoon on May 26, 2008. ‘‘SEC. 3. DEFINITIONS. ‘‘In this Act: ‘‘(1) ACCOUNT; CORRESPONDENT ACCOUNT; PAYABLE- THROUGH ACCOUNT.—The terms ‘account’, ‘cor- respondent account’, and ‘payable-through account’ have the meanings given the terms in section 5318A(e)(1) of title 31, United States Code. ‘‘(2) APPROPRIATE CONGRESSIONAL COMMITTEES.—The term ‘appropriate congressional committees’ means— ‘‘(A) the Committee on Foreign Relations of the Senate; ‘‘(B) the Committee on Finance of the Senate; ‘‘(C) the Committee on Foreign Affairs of the House of Representatives; and ‘‘(D) the Committee on Ways and Means of the House of Representatives. ‘‘(3) ASEAN.—The term ‘ASEAN’ means the Asso- ciation of Southeast Asian Nations. ‘‘(4) PERSON.—The term ‘person’ means— ‘‘(A) an individual, corporation, company, busi- ness association, partnership, society, trust, any other nongovernmental entity, organization, or group; and ‘‘(B) any successor, subunit, or subsidiary of any person described in subparagraph (A). ‘‘(5) SPDC.—The term ‘SPDC’ means the State Peace and Development Council, the ruling military regime in Burma. ‘‘(6) UNITED STATES PERSON.—The term ‘United States person’ means any United States citizen, per- manent resident alien, juridical person organized under the laws of the United States (including foreign branches), or any person in the United States. ‘‘SEC. 4. STATEMENT OF POLICY. ‘‘It is the policy of the United States to— ‘‘(1) condemn the continued repression carried out by the SPDC; ‘‘(2) work with the international community, espe- cially the People’s Republic of China, India, Thai- land, and ASEAN, to foster support for the legitimate democratic aspirations of the people of Burma and to coordinate efforts to impose sanctions on those di- rectly responsible for human rights abuses in Burma; ‘‘(3) provide all appropriate support and assistance to aid a peaceful transition to constitutional democ- racy in Burma; ‘‘(4) support international efforts to alleviate the suffering of Burmese refugees and address the urgent humanitarian needs of the Burmese people; and ‘‘(5) identify individuals responsible for the repres- sion of peaceful political activity in Burma and hold them accountable for their actions. ‘‘SEC. 5. SANCTIONS. ‘‘(a) VISA BAN.— ‘‘(1) IN GENERAL.—The following persons shall be in- eligible for a visa to travel to the United States: ‘‘(A) Former and present leaders of the SPDC, the Burmese military, or the USDA. ‘‘(B) Officials of the SPDC, the Burmese military, or the USDA involved in the repression of peaceful political activity or in other gross violations of human rights in Burma or in the commission of other human rights abuses, including any current or former officials of the security services and judi- cial institutions of the SPDC. ‘‘(C) Any other Burmese persons who provide sub- stantial economic and political support for the SPDC, the Burmese military, or the USDA. ‘‘(D) The immediate family members of any per- son described in subparagraphs (A) through (C). ‘‘(2) WAIVER.—The President may waive the visa ban described in paragraph (1) only if the President determines and certifies in writing to Congress that travel by the person seeking such a waiver is in the national interests of the United States. ‘‘(3) RULE OF CONSTRUCTION.—Nothing in this sub- section shall be construed to conflict with the provi- sions of section 694 of the Consolidated Appropria- tions Act, 2008 (Public Law 110–161) [121 Stat. 2366], nor shall this subsection be construed to make ineli- gible for a visa members of ethnic groups in Burma now or previously opposed to the regime who were forced to provide labor or other support to the Bur- mese military and who are otherwise eligible for ad- mission into the United States. ‘‘(b) FINANCIAL SANCTIONS.— ‘‘(1) BLOCKED PROPERTY.—No property or interest in property belonging to a person described in sub- section (a)(1) may be transferred, paid, exported, withdrawn, or otherwise dealt with if— ‘‘(A) the property is located in the United States or within the possession or control of a United Page 180 TITLE 50—WAR AND NATIONAL DEFENSE § 1701 States person, including the overseas branch of a United States person; or ‘‘(B) the property comes into the possession or control of a United States person after the date of the enactment of this Act [July 29, 2008]. ‘‘(2) FINANCIAL TRANSACTIONS.—Except with respect to transactions authorized under Executive Orders 13047 (May 20, 1997) and 13310 (July 28, 2003) [listed in a table below], no United States person may engage in a financial transaction with the SPDC or with a person described in subsection (a)(1). ‘‘(3) PROHIBITED ACTIVITIES.—Activities prohibited by reason of the blocking of property and financial transactions under this subsection shall include the following: ‘‘(A) Payments or transfers of any property, or any transactions involving the transfer of anything of economic value by any United States person, in- cluding any United States financial institution and any branch or office of such financial institution that is located outside the United States, to the SPDC or to an individual described in subsection (a)(1). ‘‘(B) The export or reexport directly or indirectly, of any goods, technology, or services by a United States person to the SPDC, to an individual de- scribed in subsection (a)(1) or to any entity owned, controlled, or operated by the SPDC or by an indi- vidual described in such subsection. ‘‘(c) AUTHORITY FOR ADDITIONAL BANKING SANC- TIONS.— ‘‘(1) IN GENERAL.—The Secretary of the Treasury, in consultation with the Secretary of State, the Attor- ney General of the United States, and the Chairman of the Board of Governors of the Federal Reserve Sys- tem, may prohibit or impose conditions on the open- ing or maintaining in the United States of a cor- respondent account or payable-through account by any financial institution (as that term is defined in section 5312 of title 31, United States Code) or finan- cial agency that is organized under the laws of a State, territory, or possession of the United States, for or on behalf of a foreign banking institution, if the Secretary determines that the account might be used— ‘‘(A) by a foreign banking institution that holds property or an interest in property belonging to the SPDC or a person described in subsection (a)(1); or ‘‘(B) to conduct a transaction on behalf of the SPDC or a person described in subsection (a)(1). ‘‘(2) AUTHORITY TO DEFINE TERMS.—The Secretary of the Treasury may, by regulation, further define the terms used in paragraph (1) for purposes of this sec- tion, as the Secretary considers appropriate. ‘‘(d) LIST OF SANCTIONED OFFICIALS.— ‘‘(1) IN GENERAL.—Not later than 120 days after the date of the enactment of this Act [July 29, 2008], the President shall transmit to the appropriate congres- sional committees a list of— ‘‘(A) former and present leaders of the SPDC, the Burmese military, and the USDA; ‘‘(B) officials of the SPDC, the Burmese military, or the USDA involved in the repression of peaceful political activity in Burma or in the commission of other human rights abuses, including any current or former officials of the security services and judi- cial institutions of the SPDC; ‘‘(C) any other Burmese persons or entities who provide substantial economic and political support for the SPDC, the Burmese military, or the USDA; and ‘‘(D) the immediate family members of any per- son described in subparagraphs (A) through (C) whom [sic] the President determines effectively controls property in the United States or has bene- fitted from a financial transaction with any United States person. ‘‘(2) CONSIDERATION OF OTHER DATA.—In preparing the list required under paragraph (1), the President shall consider the data already obtained by other countries and entities that apply sanctions against Burma, such as the Australian Government and the European Union. ‘‘(3) UPDATES.—The President shall transmit to the appropriate congressional committees updated lists of the persons described in paragraph (1) as new infor- mation becomes available. ‘‘(4) IDENTIFICATION OF INFORMATION.—The Sec- retary of State and the Secretary of the Treasury shall devote sufficient resources to the identification of information concerning potential persons to be sanctioned to carry out the purposes described in this Act. ‘‘(e) RULE OF CONSTRUCTION.—Nothing in this section may be construed to prohibit any contract or other fi- nancial transaction with any nongovernmental human- itarian organization in Burma. ‘‘(f) EXCEPTIONS.— ‘‘(1) IN GENERAL.—The prohibitions and restrictions described in subsections (b) and (c) shall not apply to medicine, medical equipment or supplies, food or feed, or any other form of humanitarian assistance provided to Burma. ‘‘(2) REGULATORY EXCEPTIONS.—For the following purposes, the Secretary of State may, by regulation, authorize exceptions to the prohibition and restric- tions described in subsection (a), and the Secretary of the Treasury may, by regulation, authorize excep- tions to the prohibitions and restrictions described in subsections (b) and (c)— ‘‘(A) to permit the United States and Burma to operate their diplomatic missions, and to permit the United States to conduct other official United States Government business in Burma; ‘‘(B) to permit United States citizens to visit Burma; and ‘‘(C) to permit the United States to comply with the United Nations Headquarters Agreement and other applicable international agreements. ‘‘(g) PENALTIES.—Any person who violates any prohi- bition or restriction imposed pursuant to subsection (b) or (c) shall be subject to the penalties under section 6 [probably means section 206] of the International Emer- gency Economic Powers Act (50 U.S.C. 1705) to the same extent as for a violation under that Act [50 U.S.C. 1701 et seq.]. ‘‘(h) TERMINATION OF SANCTIONS.—The sanctions im- posed under subsection (a), (b), or (c) shall apply until the President determines and certifies to the appro- priate congressional committees that the SPDC has— ‘‘(1) unconditionally released all political prisoners, including Aung San Suu Kyi and other members of the National League for Democracy; ‘‘(2) entered into a substantive dialogue with demo- cratic forces led by the National League for Democ- racy and the ethnic minorities of Burma on transitioning to democratic government under the rule of law; and ‘‘(3) allowed humanitarian access to populations af- fected by armed conflict in all regions of Burma. ‘‘(i) WAIVER.—The President may waive the sanctions described in subsections (b) and (c) if the President de- termines and certifies to the appropriate congressional committees that such waiver is in the national interest of the United States. ‘‘SEC. 6. AMENDMENTS TO THE BURMESE FREE- DOM AND DEMOCRACY ACT OF 2003. ‘‘(a) IN GENERAL.—[Amended Pub. L. 108–61, set out below.] ‘‘(b) DURATION OF SANCTIONS.— ‘‘(1) CONTINUATION OF IMPORT SANCTIONS.—[Amended Pub. L. 108–61, set out below.] ‘‘(2) RENEWAL RESOLUTIONS.—[Amended Pub. L. 108–61, set out below.] ‘‘(3) EFFECTIVE DATE.— ‘‘(A) IN GENERAL.—The amendments made by this subsection take effect on the day after the date of the enactment of 5th [sic] renewal resolution en- acted into law after the date of the enactment of Page 181 TITLE 50—WAR AND NATIONAL DEFENSE § 1701 the Burmese Freedom and Democracy Act of 2003 [July 28, 2003], or the date of the enactment of this Act [July 29, 2008], whichever occurs later. ‘‘(B) RENEWAL RESOLUTION DEFINED.—In this para- graph, the term ‘renewal resolution’ means a re- newal resolution described in section 9(c) of the Burmese Freedom and Democracy Act of 2003 [Pub. L. 108–61, set out below] that is enacted into law in accordance with such section. ‘‘(c) CONFORMING AMENDMENT.—[Amended Pub. L. 108–61, set out below.] ‘‘[SEC. 7. Repealed. Pub. L. 117–81, div. E, title LI, § 5106, Dec. 27, 2021, 135 Stat. 2347.] ‘‘SEC. 8. SUPPORT FOR CONSTITUTIONAL DEMOC- RACY IN BURMA. ‘‘(a) IN GENERAL.—The President is authorized to as- sist Burmese democracy activists who are dedicated to nonviolent opposition to the SPDC in their efforts to promote freedom, democracy, and human rights in Burma. ‘‘(b) AUTHORIZATION OF APPROPRIATIONS.—There are authorized to be appropriated $5,000,000 to the Sec- retary of State for fiscal year 2008 to— ‘‘(1) provide aid to democracy activists in Burma; ‘‘(2) provide aid to individuals and groups con- ducting democracy programming outside of Burma targeted at a peaceful transition to constitutional de- mocracy inside Burma; and ‘‘(3) expand radio and television broadcasting into Burma. ‘‘SEC. 9. SUPPORT FOR NONGOVERNMENTAL OR- GANIZATIONS ADDRESSING THE HUMANI- TARIAN NEEDS OF THE BURMESE PEOPLE. ‘‘(a) SENSE OF CONGRESS.—It is the sense of Congress that the international community should increase sup- port for nongovernmental organizations attempting to meet the urgent humanitarian needs of the Burmese people. ‘‘(b) LICENSES FOR HUMANITARIAN OR RELIGIOUS AC- TIVITIES IN BURMA.—[Amended Pub. L. 108–61, set out below.] ‘‘(c) AUTHORIZATION OF APPROPRIATIONS.— ‘‘(1) IN GENERAL.—Notwithstanding any other provi- sion of law, there are authorized to be appropriated $11,000,000 to the Secretary of State for fiscal year 2008 to support operations by nongovernmental orga- nizations, subject to paragraph (2), designed to ad- dress the humanitarian needs of the Burmese people inside Burma and in refugee camps in neighboring countries. ‘‘(2) LIMITATION.— ‘‘(A) IN GENERAL.—Except as provided under sub- paragraph (B), amounts appropriated pursuant to paragraph (1) may not be provided to— ‘‘(i) SPDC-controlled entities; ‘‘(ii) entities run by members of the SPDC or their families; or ‘‘(iii) entities providing cash or resources to the SPDC, including organizations affiliated with the United Nations. ‘‘(B) WAIVER.—The President may waive the fund- ing restriction described in subparagraph (A) if— ‘‘(i) the President determines and certifies to the appropriate congressional committees that such waiver is in the national interests of the United States; ‘‘(ii) a description of the national interests need for the waiver is submitted to the appropriate congressional committees; and ‘‘(iii) the description submitted under clause (ii) is posted on a publicly accessible Internet Web site of the Department of State. ‘‘SEC. 10. REPORT ON MILITARY AND INTEL- LIGENCE AID TO BURMA. ‘‘(a) IN GENERAL.—Not later than 180 days after the date of the enactment of this Act [July 29, 2008] and an- nually thereafter, the Secretary of State shall submit to the Committee on Foreign Affairs of the House of Representatives and the Committee on Foreign Rela- tions of the Senate a report containing a list of coun- tries, companies, and other entities that provide mili- tary or intelligence aid to the SPDC and describing such military or intelligence aid provided by each such country, company, and other entity. ‘‘(b) MILITARY OR INTELLIGENCE AID DEFINED.—For the purpose of this section, the term ‘military or intel- ligence aid’ means, with respect to the SPDC— ‘‘(1) the provision of weapons, weapons parts, mili- tary vehicles, or military aircraft; ‘‘(2) the provision of military or intelligence train- ing, including advice and assistance on subject mat- ter expert exchanges; ‘‘(3) the provision of weapons of mass destruction and related materials, capabilities, and technology, including nuclear, chemical, or dual-use capabilities; ‘‘(4) conducting joint military exercises; ‘‘(5) the provision of naval support, including ship development and naval construction; ‘‘(6) the provision of technical support, including computer and software development and installa- tions, networks, and infrastructure development and construction; or ‘‘(7) the construction or expansion of airfields, in- cluding radar and anti-aircraft systems. ‘‘(c) FORM.—The report required under subsection (a) shall be submitted in unclassified form but may include a classified annex and the unclassified form shall be placed on the Department of State’s website. ‘‘SEC. 11. SENSE OF CONGRESS ON INTER- NATIONAL ARMS SALES TO BURMA. ‘‘It is the sense of Congress that the United States should lead efforts in the United Nations Security Council to impose a mandatory international arms em- bargo on Burma, curtailing all sales of weapons, ammu- nition, military vehicles, and military aircraft to Burma until the SPDC releases all political prisoners, restores constitutional rule, takes steps toward inclu- sion of ethnic minorities in political reconciliation ef- forts, and holds free and fair elections to establish a new government. ‘‘SEC. 12. REDUCTION OF SPDC REVENUE FROM TIMBER. ‘‘(a) REPORT.—Not later than one year after the date of the enactment of this Act [July 29, 2008] and annu- ally thereafter, the Secretary of State, in consultation with the Secretary of Commerce, and other Federal of- ficials, as appropriate, shall submit to the appropriate congressional committees a report on Burma’s timber trade containing information on the following: ‘‘(1) Products entering the United States made in whole or in part of wood grown and harvested in Burma, including measurements of annual value and volume and considering both legal and illegal timber trade. ‘‘(2) Statistics about Burma’s timber trade, includ- ing raw wood and wood products, in aggregate and broken down by country and timber species, includ- ing measurements of value and volume and consid- ering both legal and illegal timber trade. ‘‘(3) A description of the chains of custody of prod- ucts described in paragraph (1), including direct trade streams from Burma to the United States and via manufacturing or transshipment in third countries. ‘‘(4) Illegalities, abuses, or corruption in the Bur- mese timber sector. ‘‘(5) A description of all common consumer and commercial applications unique to Burmese hard- woods, including the furniture and marine manufac- turing industries. ‘‘(b) RECOMMENDATIONS.—The report required under subsection (a) shall include recommendations on the following: ‘‘(1) Alternatives to Burmese hardwoods for the commercial applications described in paragraph (5) of subsection (a), including alternative species of timber that could provide the same applications. Page 182 TITLE 50—WAR AND NATIONAL DEFENSE § 1701 ‘‘(2) Strategies for encouraging sustainable man- agement of timber in locations with potential cli- mate, soil, and other conditions to compete with Bur- mese hardwoods for the consumer and commercial applications described in paragraph (5) of subsection (a). ‘‘(3) The appropriate United States and inter- national customs documents and declarations that would need to be kept and compiled in order to estab- lish the chain of custody concerning products de- scribed in paragraphs (1) and (3) of subsection (a). ‘‘(4) Strategies for strengthening the capacity of Burmese civil society, including Burmese society in exile, to monitor and report on the SPDC’s trade in timber and other extractive industries so that Bur- mese natural resources can be used to benefit the ma- jority of Burma’s population. ‘‘SEC. 13. REPORT ON FINANCIAL ASSETS HELD BY MEMBERS OF THE SPDC. ‘‘(a) IN GENERAL.—Not later than 180 days after the date of the enactment of this Act [July 29, 2008] and an- nually thereafter, the Secretary of the Treasury, in consultation with the Secretary of State, shall submit to the Committee on Foreign Affairs of the House of Representatives, the Committee on Ways and Means of the House of the [sic] Representatives, the Committee on Foreign Relations of the Senate, and the Committee on Finance of the Senate a report containing a list of all countries and foreign banking institutions that hold assets on behalf of senior Burmese officials. ‘‘(b) DEFINITIONS.—For the purpose of this section: ‘‘(1) SENIOR BURMESE OFFICIALS.—The term ‘senior Burmese officials’ shall mean individuals covered under section 5(d)(1) of this Act. ‘‘(2) OTHER TERMS.—Other terms shall be defined under the authority of and consistent with section 5(c)(2) of this Act. ‘‘(c) FORM.—The report required under subsection (a) shall be submitted in unclassified form but may include a classified annex. The report shall also be posted on the Department of Treasury’s website not later than 30 days of the submission to Congress of the report. To the extent possible, the report shall include the names of the senior Burmese officials and the approximate value of their holdings in the respective foreign banking in- stitutions and any other pertinent information. ‘‘SEC. 14. UNOCAL PLAINTIFFS. ‘‘(a) SENSE OF CONGRESS.—It is the Sense of Congress that the United States should work with the Royal Thai Government to ensure the safety in Thailand of the 15 plaintiffs in the Doe v. Unocal case, and should consider granting refugee status or humanitarian pa- role to these plaintiffs to enter the United States con- sistent with existing United States law. ‘‘(b) REPORT.—Not later than 90 days after the date of the enactment of this Act [July 29, 2008], the President shall submit to the appropriate Congressional commit- tees a report on the status of the Doe vs. Unocal plain- tiffs and whether the plaintiffs have been granted ref- ugee status or humanitarian parole. ‘‘SEC. 15. SENSE OF CONGRESS WITH RESPECT TO INVESTMENTS IN BURMA’S OIL AND GAS IN- DUSTRY. ‘‘(a) FINDINGS AND DECLARATIONS.—Congress finds the following: ‘‘(1) Currently United States, French, and Thai in- vestors are engaged in the production and delivery of natural gas in the pipeline from the Yadana and Sein fields (Yadana pipeline) in the Andaman Sea, an en- terprise which falls under the jurisdiction of the Bur- mese Government, and United States investment by Chevron represents approximately a 28 percent non- operated, working interest in that pipeline. ‘‘(2) The Congressional Research Service estimates that the Yadana pipeline provides at least $500,000,000 in annual revenue for the Burmese Government. ‘‘(3) The natural gas that transits the Yadana pipe- line is delivered primarily to Thailand, representing about 20 percent of Thailand’s total gas supply. ‘‘(4) The executive branch has in the past exempted investment in the Yadana pipeline from the sanctions regime against the Burmese Government. ‘‘(5) Congress believes that United States compa- nies ought to be held to a high standard of conduct overseas and should avoid as much as possible acting in a manner that supports repressive regimes such as the Burmese Government. ‘‘(6) Congress recognizes the important symbolic value that divestment of United States holdings in Burma would have on the international sanctions ef- fort, demonstrating that the United States will con- tinue to lead by example. ‘‘(b) STATEMENT OF POLICY.— ‘‘(1) Congress urges Yadana investors to consider voluntary divestment over time if the Burmese Gov- ernment fails to take meaningful steps to release po- litical prisoners, restore civilian constitutional rule and promote national reconciliation. ‘‘(2) Congress will remain concerned with the mat- ter of continued investment in the Yadana pipeline in the years ahead. ‘‘(3) Congress urges the executive branch to work with all firms invested in Burma’s oil and gas sector to use their influence to promote the peaceful transi- tion to civilian democratic rule in Burma. ‘‘(c) SENSE OF CONGRESS.—It is the sense of Congress that so long as Yadana investors remain invested in Burma, such investors should— ‘‘(1) communicate to the Burmese Government, military and business officials, at the highest levels, concern about the lack of genuine consultation be- tween the Burmese Government and its people, the failure of the Burmese Government to use its natural resources to benefit the Burmese people, and the military’s use of forced labor; ‘‘(2) publicly disclose and deal with in a transparent manner, consistent with legal obligations, its role in any ongoing investment in Burma, including its fi- nancial involvement in any joint production agree- ment or other joint ventures and the amount of their direct or indirect support of the Burmese Govern- ment; and ‘‘(3) work with project partners to ensure that forced labor is not used to construct, maintain, sup- port, or defend the project facilities, including pipe- lines, offices, or other facilities.’’ [Ex. Ord. No. 13651, § 8, Aug. 6, 2013, 78 F.R. 48794, de- termined and certified under section 5(i) of Pub. L. 110–286, set out above, that it was in the national inter- est of the United States to waive, and did waive, the sanctions described in section 5(b) of Pub. L. 110–286, subject to an exception continuing the prohibition of certain transactions.] [Memorandum of President of the United States, Aug. 29, 2012, 77 F.R. 57479, delegated to the Secretary of State the functions and authority conferred upon the President by section 5(a)(2) of Pub. L. 110–286, set out above, to waive the visa ban under section 5(a)(1) of that Act, and to make the specified certification to Congress.] Pub. L. 108–61, July 28, 2003, 117 Stat. 864, as amended by Pub. L. 109–251, § 1, Aug. 1, 2006, 120 Stat. 654; Pub. L. 110–286, §§ 6(a)–(b)(2), (c), 9(b), July 29, 2008, 122 Stat. 2638, 2642–2644; Pub. L. 111–42, title I, § 101, July 28, 2009, 123 Stat. 1963; Pub. L. 112–163, § 3(a), Aug. 10, 2012, 126 Stat. 1277, provided that: ‘‘SECTION 1. SHORT TITLE. ‘‘This Act may be cited as the ‘Burmese Freedom and Democracy Act of 2003’. ‘‘SEC. 2. FINDINGS. ‘‘Congress makes the following findings: ‘‘(1) The State Peace and Development Council (SPDC) has failed to transfer power to the National League for Democracy (NLD) whose parliamentarians won an overwhelming victory in the 1990 elections in Burma. ‘‘(2) The SPDC has failed to enter into meaningful, political dialogue with the NLD and ethnic minori- Page 183 TITLE 50—WAR AND NATIONAL DEFENSE § 1701 ties and has dismissed the efforts of United Nations Special Envoy Razali bin Ismail to further such dia- logue. ‘‘(3) According to the State Department’s ‘Report to the Congress Regarding Conditions in Burma and U.S. Policy Toward Burma’ dated March 28, 2003, the SPDC has become ‘more confrontational’ in its ex- changes with the NLD. ‘‘(4) On May 30, 2003, the SPDC, threatened by con- tinued support for the NLD throughout Burma, bru- tally attacked NLD supporters, killed and injured scores of civilians, and arrested democracy advocate Aung San Suu Kyi and other activists. ‘‘(5) The SPDC continues egregious human rights violations against Burmese citizens, uses rape as a weapon of intimidation and torture against women, and forcibly conscripts child-soldiers for the use in fighting indigenous ethnic groups. ‘‘(6) The SPDC is engaged in ethnic cleansing against minorities within Burma, including the Karen, Karenni, and Shan people, which constitutes a crime against humanity and has directly led to more than 600,000 internally displaced people living within Burma and more than 130,000 people from Burma liv- ing in refugee camps along the Thai-Burma border. ‘‘(7) The ethnic cleansing campaign of the SPDC is in sharp contrast to the traditional peaceful coexist- ence in Burma of Buddhists, Muslims, Christians, and people of traditional beliefs. ‘‘(8) The SPDC has demonstrably failed to cooper- ate with the United States in stopping the flood of heroin and methamphetamines being grown, refined, manufactured, and transported in areas under the control of the SPDC serving to flood the region and much of the world with these illicit drugs. ‘‘(9) The SPDC provides safety, security, and en- gages in business dealings with narcotics traffickers under indictment by United States authorities, and other producers and traffickers of narcotics. ‘‘(10) The International Labor Organization (ILO), for the first time in its 82-year history, adopted in 2000, a resolution recommending that governments, employers, and workers organizations take appro- priate measures to ensure that their relations with the SPDC do not abet the government-sponsored sys- tem of forced, compulsory, or slave labor in Burma, and that other international bodies reconsider any cooperation they may be engaged in with Burma and, if appropriate, cease as soon as possible any activity that could abet the practice of forced, compulsory, or slave labor. ‘‘(11) The SPDC has integrated the Burmese mili- tary and its surrogates into all facets of the economy effectively destroying any free enterprise system. ‘‘(12) Investment in Burmese companies and pur- chases from them serve to provide the SPDC with currency that is used to finance its instruments of terror and repression against the Burmese people. ‘‘(13) On April 15, 2003, the American Apparel and Footwear Association expressed its ‘strong support for a full and immediate ban on U.S. textiles, apparel and footwear imports from Burma’ and called upon the United States Government to ‘impose an outright ban on U.S. imports’ of these items until Burma dem- onstrates respect for basic human and labor rights of its citizens. ‘‘(14) The policy of the United States, as articulated by the President on April 24, 2003, is to officially rec- ognize the NLD as the legitimate representative of the Burmese people as determined by the 1990 elec- tion. ‘‘(15) The United States must work closely with other nations, including Thailand, a close ally of the United States, to highlight attention to the SPDC’s systematic abuses of human rights in Burma, to en- sure that nongovernmental organizations promoting human rights and political freedom in Burma are al- lowed to operate freely and without harassment, and to craft a multilateral sanctions regime against Burma in order to pressure the SPDC to meet the conditions identified in section 3(a)(3) of this Act. ‘‘SEC. 3. BAN AGAINST TRADE THAT SUPPORTS THE MILITARY REGIME OF BURMA. ‘‘(a) GENERAL BAN.— ‘‘(1) IN GENERAL.—Notwithstanding any other provi- sion of law, until such time as the President deter- mines and certifies to Congress that Burma has met the conditions described in paragraph (3), beginning 30 days after the date of the enactment of this Act [July 28, 2003], the President shall ban the importa- tion of any article that is a product of Burma. ‘‘(2) BAN ON IMPORTS FROM CERTAIN COMPANIES.—The import restrictions contained in paragraph (1) shall apply to, among other entities— ‘‘(A) the SPDC, any ministry of the SPDC, a member of the SPDC or an immediate family mem- ber of such member; ‘‘(B) known narcotics traffickers from Burma or an immediate family member of such narcotics trafficker; ‘‘(C) the Union of Myanmar Economics Holdings Incorporated (UMEHI) or any company in which the UMEHI has a fiduciary interest; ‘‘(D) the Myanmar Economic Corporation (MEC) or any company in which the MEC has a fiduciary interest; ‘‘(E) the Union Solidarity and Development Asso- ciation (USDA); and ‘‘(F) any successor entity for the SPDC, UMEHI, MEC, or USDA. ‘‘(3) CONDITIONS DESCRIBED.—The conditions de- scribed in this paragraph are the following: ‘‘(A) The SPDC has made substantial and measur- able progress to end violations of internationally recognized human rights including rape, and the Secretary of State, after consultation with the ILO Secretary General and relevant nongovernmental organizations, reports to the appropriate congres- sional committees that the SPDC no longer system- atically violates workers rights, including the use of forced and child labor, and conscription of child- soldiers. ‘‘(B) The SPDC has made measurable and sub- stantial progress toward implementing a demo- cratic government including— ‘‘(i) releasing all political prisoners; ‘‘(ii) allowing freedom of speech and the press; ‘‘(iii) allowing freedom of association; ‘‘(iv) permitting the peaceful exercise of reli- gion; and ‘‘(v) bringing to a conclusion an agreement be- tween the SPDC and the democratic forces led by the NLD and Burma’s ethnic nationalities on the transfer of power to a civilian government ac- countable to the Burmese people through demo- cratic elections under the rule of law. ‘‘(C) Pursuant to section 706(2) of the Foreign Re- lations Authorization Act, Fiscal Year 2003 (Public Law 107–228) [22 U.S.C. 2291j–1(2)], Burma has not been designated as a country that has failed demon- strably to make substantial efforts to adhere to its obligations under international counternarcotics agreements and to take other effective counter- narcotics measures, including, but not limited to (i) the arrest and extradition of all individuals under indictment in the United States for narcotics traf- ficking, (ii) concrete and measurable actions to stem the flow of illicit drug money into Burma’s banking system and economic enterprises, and (iii) actions to stop the manufacture and export of methamphetamines. ‘‘(4) APPROPRIATE CONGRESSIONAL COMMITTEES.—In this subsection, the term ‘appropriate congressional committees’ means the Committees on Foreign Rela- tions and Appropriations of the Senate and the Com- mittees on International Relations [now Foreign Af- fairs] and Appropriations of the House of Representa- tives. ‘‘(b) WAIVER AUTHORITIES.—The President may waive the restrictions described in this section or section 3A(b)(1) or (c)(1) for any or all articles that are subject Page 184 TITLE 50—WAR AND NATIONAL DEFENSE § 1701 to such restrictions if the President determines and no- tifies the Committees on Appropriations, Finance, and Foreign Relations of the Senate and the Committees on Appropriations, International Relations [now Foreign Affairs], and Ways and Means of the House of Rep- resentatives that to do so is in the national interest of the United States. ‘‘SEC. 3A. PROHIBITION ON IMPORTATION OF JADEITE AND RUBIES FROM BURMA AND ARTI- CLES OF JEWELRY CONTAINING JADEITE OR RUBIES FROM BURMA. ‘‘(a) DEFINITIONS.—In this section: ‘‘(1) APPROPRIATE CONGRESSIONAL COMMITTEES.—The term ‘appropriate congressional committees’ means— ‘‘(A) the Committee on Ways and Means and the Committee on Foreign Affairs of the House of Rep- resentatives; and ‘‘(B) the Committee on Finance and the Com- mittee on Foreign Relations of the Senate. ‘‘(2) BURMESE COVERED ARTICLE.—The term ‘Bur- mese covered article’ means— ‘‘(A) jadeite mined or extracted from Burma; ‘‘(B) rubies mined or extracted from Burma; or ‘‘(C) articles of jewelry containing jadeite de- scribed in subparagraph (A) or rubies described in subparagraph (B). ‘‘(3) NON-BURMESE COVERED ARTICLE.—The term ‘non-Burmese covered article’ means— ‘‘(A) jadeite mined or extracted from a country other than Burma; ‘‘(B) rubies mined or extracted from a country other than Burma; or ‘‘(C) articles of jewelry containing jadeite de- scribed in subparagraph (A) or rubies described in subparagraph (B). ‘‘(4) JADEITE; RUBIES; ARTICLES OF JEWELRY CON- TAINING JADEITE OR RUBIES.— ‘‘(A) JADEITE.—The term ‘jadeite’ means any jadeite classifiable under heading 7103 of the Har- monized Tariff Schedule of the United States (in this paragraph referred to as the ‘HTS’) [see Publi- cation of Harmonized Tariff Schedule note set out under section 1202 of Title 19, Customs Duties]. ‘‘(B) RUBIES.—The term ‘rubies’ means any rubies classifiable under heading 7103 of the HTS. ‘‘(C) ARTICLES OF JEWELRY CONTAINING JADEITE OR RUBIES.—The term ‘articles of jewelry containing jadeite or rubies’ means— ‘‘(i) any article of jewelry classifiable under heading 7113 of the HTS that contains jadeite or rubies; or ‘‘(ii) any article of jadeite or rubies classifiable under heading 7116 of the HTS. ‘‘(5) UNITED STATES.—The term ‘United States’, when used in the geographic sense, means the several States, the District of Columbia, and any common- wealth, territory, or possession of the United States. ‘‘(b) PROHIBITION ON IMPORTATION OF BURMESE COV- ERED ARTICLES.— ‘‘(1) IN GENERAL.—Notwithstanding any other provi- sion of law, until such time as the President deter- mines and certifies to the appropriate congressional committees that Burma has met the conditions de- scribed in section 3(a)(3), beginning 60 days after the date of the enactment of the Tom Lantos Block Bur- mese JADE (Junta’s Anti-Democratic Efforts) Act of 2008 [July 29, 2008], the President shall prohibit the importation into the United States of any Burmese covered article. ‘‘(2) REGULATORY AUTHORITY.—The President is au- thorized to, and shall as necessary, issue such procla- mations, regulations, licenses, and orders, and con- duct such investigations, as may be necessary to im- plement the prohibition under paragraph (1). ‘‘(3) OTHER ACTIONS.—Beginning on the date of the enactment of this Act [July 28, 2003], the President shall take all appropriate actions to seek the fol- lowing: ‘‘(A) The issuance of a draft waiver decision by the Council for Trade in Goods of the World Trade Organization granting a waiver of the applicable obligations of the United States under the World Trade Organization with respect to the provisions of this section and any measures taken to imple- ment this section. ‘‘(B) The adoption of a resolution by the United Nations General Assembly expressing the need to address trade in Burmese covered articles and call- ing for the creation and implementation of a work- able certification scheme for non-Burmese covered articles to prevent the trade in Burmese covered ar- ticles. ‘‘(c) REQUIREMENTS FOR IMPORTATION OF NON-BURMESE COVERED ARTICLES.— ‘‘(1) IN GENERAL.—Except as provided in paragraph (2), until such time as the President determines and certifies to the appropriate congressional committees that Burma has met the conditions described in sec- tion 3(a)(3), beginning 60 days after the date of the en- actment of the Tom Lantos Block Burmese JADE (Junta’s Anti-Democratic Efforts) Act of 2008 [July 29, 2008], the President shall require as a condition for the importation into the United States of any non- Burmese covered article that— ‘‘(A) the exporter of the non-Burmese covered ar- ticle has implemented measures that have substan- tially the same effect and achieve the same goals as the measures described in clauses (i) through (iv) of paragraph (2)(B) (or their functional equivalent) to prevent the trade in Burmese covered articles; and ‘‘(B) the importer of the non-Burmese covered ar- ticle agrees— ‘‘(i) to maintain a full record of, in the form of reports or otherwise, complete information relat- ing to any act or transaction related to the pur- chase, manufacture, or shipment of the non-Bur- mese covered article for a period of not less than 5 years from the date of entry of the non-Burmese covered article; and ‘‘(ii) to provide the information described in clause (i) within the custody or control of such person to the relevant United States authorities upon request. ‘‘(2) EXCEPTION.— ‘‘(A) IN GENERAL.—The President may waive the requirements of paragraph (1) with respect to the importation of non-Burmese covered articles from any country with respect to which the President determines and certifies to the appropriate congres- sional committees has implemented the measures described in subparagraph (B) (or their functional equivalent) to prevent the trade in Burmese cov- ered articles. ‘‘(B) MEASURES DESCRIBED.—The measures re- ferred to in subparagraph (A) are the following: ‘‘(i) With respect to exportation from the coun- try of jadeite or rubies in rough form, a system of verifiable controls on the jadeite or rubies from mine to exportation demonstrating that the jadeite or rubies were not mined or extracted from Burma, and accompanied by officially-vali- dated documentation certifying the country from which the jadeite or rubies were mined or ex- tracted, total carat weight, and value of the jadeite or rubies. ‘‘(ii) With respect to exportation from the coun- try of finished jadeite or polished rubies, a system of verifiable controls on the jadeite or rubies from mine to the place of final finishing of the jadeite or rubies demonstrating that the jadeite or rubies were not mined or extracted from Burma, and accompanied by officially-validated documentation certifying the country from which the jadeite or rubies were mined or extracted. ‘‘(iii) With respect to exportation from the country of articles of jewelry containing jadeite or rubies, a system of verifiable controls on the jadeite or rubies from mine to the place of final finishing of the article of jewelry containing jadeite or rubies demonstrating that the jadeite Page 185 TITLE 50—WAR AND NATIONAL DEFENSE § 1701 or rubies were not mined or extracted from Burma, and accompanied by officially-validated documentation certifying the country from which the jadeite or rubies were mined or extracted. ‘‘(iv) Verifiable recordkeeping by all entities and individuals engaged in mining, importation, and exportation of non-Burmese covered articles in the country, and subject to inspection and verification by authorized authorities of the gov- ernment of the country in accordance with appli- cable law. ‘‘(v) Implementation by the government of the country of proportionate and dissuasive penalties against any persons who violate laws and regula- tions designed to prevent trade in Burmese cov- ered articles. ‘‘(vi) Full cooperation by the country with the United Nations or other official international or- ganizations that seek to prevent trade in Bur- mese covered articles. ‘‘(3) REGULATORY AUTHORITY.—The President is au- thorized to, and shall as necessary, issue such procla- mations, regulations, licenses, and orders and con- duct such investigations, as may be necessary to im- plement the provisions under paragraphs (1) and (2). ‘‘(d) INAPPLICABILITY.— ‘‘(1) IN GENERAL.—The requirements of subsection (b)(1) and subsection (c)(1) shall not apply to Burmese covered articles and non-Burmese covered articles, respectively, that were previously exported from the United States, including those that accompanied an individual outside the United States for personal use, if they are reimported into the United States by the same person, without having been advanced in value or improved in condition by any process or other means while outside the United States. ‘‘(2) ADDITIONAL PROVISION.—The requirements of subsection (c)(1) shall not apply with respect to the importation of non-Burmese covered articles that are imported by or on behalf of an individual for personal use and accompanying an individual upon entry into the United States. ‘‘(e) ENFORCEMENT.—Burmese covered articles or non- Burmese covered articles that are imported into the United States in violation of any prohibition of this Act or any other provision law [sic] shall be subject to all applicable seizure and forfeiture laws and criminal and civil laws of the United States to the same extent as any other violation of the customs laws of the United States. ‘‘(f) SENSE OF CONGRESS.— ‘‘(1) IN GENERAL.—It is the sense of Congress that the President should take the necessary steps to seek to negotiate an international arrangement—similar to the Kimberley Process Certification Scheme for conflict diamonds—to prevent the trade in Burmese covered articles. Such an international arrangement should create an effective global system of controls and should contain the measures described in sub- section (c)(2)(B) (or their functional equivalent). ‘‘(2) KIMBERLEY PROCESS CERTIFICATION SCHEME DE- FINED.—In paragraph (1), the term ‘Kimberley Process Certification Scheme’ has the meaning given the term in section 3(6) of the Clean Diamond Trade Act (Public Law 108–19; 19 U.S.C. 3902(6)). ‘‘(g) REPORT.— ‘‘(1) IN GENERAL.—Not later than 180 days after the date of the enactment of the Tom Lantos Block Bur- mese JADE (Junta’s Anti-Democratic Efforts) Act of 2008 [July 29, 2008], the President shall transmit to the appropriate congressional committees a report describing what actions the United States has taken during the 60-day period beginning on the date of the enactment of such Act to seek— ‘‘(A) the issuance of a draft waiver decision by the Council for Trade in Goods of the World Trade Or- ganization, as specified in subsection (b)(3)(A); ‘‘(B) the adoption of a resolution by the United Nations General Assembly, as specified in sub- section (b)(3)(B); and ‘‘(C) the negotiation of an international arrange- ment, as specified in subsection (f)(1). ‘‘(2) UPDATE.—The President shall make continued efforts to seek the items specified in subparagraphs (A), (B), and (C) of paragraph (1) and shall promptly update the appropriate congressional committees on subsequent developments with respect to these ef- forts. ‘‘(h) GAO REPORT.—Not later than 14 months after the date of the enactment of the Tom Lantos Block Burmese JADE (Junta’s Anti-Democratic Efforts) Act of 2008 [July 29, 2008], the Comptroller General of the United States shall submit to the appropriate congres- sional committees a report on the effectiveness of the implementation of this section. The Comptroller Gen- eral shall include in the report any recommendations for improving the administration of this Act. ‘‘SEC. 4. FREEZING ASSETS OF THE BURMESE RE- GIME IN THE UNITED STATES. ‘‘(a) REPORTING REQUIREMENT.—Not later than 60 days after the date of enactment of this Act [July 28, 2003], the President shall take such action as is necessary to direct, and promulgate regulations to the same, that any United States financial institution holding funds belonging to the SPDC or the assets of those individ- uals who hold senior positions in the SPDC or its polit- ical arm, the Union Solidarity Development Associa- tion, shall promptly report those funds or assets to the Office of Foreign Assets Control. ‘‘(b) ADDITIONAL AUTHORITY.—The President may take such action as may be necessary to impose a sanc- tions regime to freeze such funds or assets, subject to such terms and conditions as the President determines to be appropriate. ‘‘(c) DELEGATION.—The President may delegate the duties and authorities under this section to such Fed- eral officers or other officials as the President deems appropriate. ‘‘SEC. 5. LOANS AT INTERNATIONAL FINANCIAL INSTITUTIONS. ‘‘(a) OPPOSITION TO ASSISTANCE TO BURMA.—The Sec- retary of the Treasury shall instruct the United States executive director to each appropriate international fi- nancial institution in which the United States partici- pates, to oppose, and vote against the extension by such institution of any loan or financial or technical assistance to Burma until such time as the conditions described in section 3(a)(3) are met. ‘‘(b) LICENSES FOR HUMANITARIAN OR RELIGIOUS AC- TIVITIES IN BURMA.—Notwithstanding any other provi- sion of law, the Secretary of the Treasury is authorized to issue multi-year licenses for humanitarian or reli- gious activities in Burma. ‘‘SEC. 6. EXPANSION OF VISA BAN. ‘‘(a) IN GENERAL.— ‘‘(1) VISA BAN.—The President is authorized to deny visas and entry to the former and present leadership of the SPDC or the Union Solidarity Development As- sociation. ‘‘(2) UPDATES.—The Secretary of State shall coordi- nate on a biannual basis with representatives of the European Union to allow officials of the United States and the European Union to ensure a high de- gree of coordination of lists of individuals banned from obtaining a visa by the European Union for the reason described in paragraph (1) and those banned from receiving a visa from the United States. ‘‘(b) PUBLICATION.—The Secretary of State shall post on the Department of State’s website the names of in- dividuals whose entry into the United States is banned under subsection (a). ‘‘SEC. 7. CONDEMNATION OF THE REGIME AND DIS- SEMINATION OF INFORMATION. ‘‘Congress encourages the Secretary of State to high- light the abysmal record of the SPDC to the inter- national community and use all appropriate fora, in- cluding the Association of Southeast Asian Nations Re- Page 186 TITLE 50—WAR AND NATIONAL DEFENSE § 1701 gional Forum and Asian Nations Regional Forum, to encourage other states to restrict financial resources to the SPDC and Burmese companies while offering po- litical recognition and support to Burma’s democratic movement including the National League for Democ- racy and Burma’s ethnic groups. ‘‘SEC. 8. SUPPORT DEMOCRACY ACTIVISTS IN BURMA. ‘‘(a) IN GENERAL.—The President is authorized to use all available resources to assist Burmese democracy ac- tivists dedicated to nonviolent opposition to the re- gime in their efforts to promote freedom, democracy, and human rights in Burma, including a listing of con- straints on such programming. ‘‘(b) REPORTS.— ‘‘(1) FIRST REPORT.—Not later than 3 months after the date of enactment of this Act [July 28, 2003], the Secretary of State shall provide the Committees on Appropriations and Foreign Relations of the Senate and the Committees on Appropriations and Inter- national Relations [now Foreign Affairs] of the House of Representatives a comprehensive report on its short- and long-term programs and activities to sup- port democracy activists in Burma, including a list of constraints on such programming. ‘‘(2) REPORT ON RESOURCES.—Not later than 6 months after the date of enactment of this Act, the Secretary of State shall provide the Committees on Appropriations and Foreign Relations of the Senate and the Committees on Appropriations and Inter- national Relations [now Foreign Affairs] of the House of Representatives a report identifying resources that will be necessary for the reconstruction of Burma, after the SPDC is removed from power, including— ‘‘(A) the formation of democratic institutions; ‘‘(B) establishing the rule of law; ‘‘(C) establishing freedom of the press; ‘‘(D) providing for the successful reintegration of military officers and personnel into Burmese soci- ety; and ‘‘(E) providing health, educational, and economic development. ‘‘(3) REPORT ON TRADE SANCTIONS.—Not later than 90 days before the date on which the import restrictions contained in section 3(a)(1) are to expire, the Sec- retary of State, in consultation with the United States Trade Representative and the heads of appro- priate agencies, shall submit to the Committees on Appropriations, Finance, and Foreign Relations of the Senate, and the Committees on Appropriations, International Relations [now Foreign Affairs], and Ways and Means of the House of Representatives, a report on— ‘‘(A) bilateral and multilateral measures under- taken by the United States Government and other governments to promote human rights and democ- racy in Burma; ‘‘(B) the extent to which actions related to trade with Burma taken pursuant to this Act have been effective in— ‘‘(i) improving conditions in Burma, including human rights violations, arrest and detention of democracy activists, forced and child labor, and the status of dialogue between the SPDC and the NLD and ethnic minorities; ‘‘(ii) furthering the policy objections of the United States toward Burma; and ‘‘(C) the impact of actions relating to trade take [sic] pursuant to this Act on other national secu- rity, economic, and foreign policy interests of the United States, including relations with countries friendly to the United States. ‘‘SEC. 9. DURATION OF SANCTIONS. ‘‘(a) TERMINATION BY REQUEST FROM DEMOCRATIC BURMA.—The President may terminate any provision in this Act upon the request of a democratically elected government in Burma, provided that all the conditions in section 3(a)(3) have been met. ‘‘(b) CONTINUATION OF IMPORT SANCTIONS.— ‘‘(1) EXPIRATION.—The import restrictions con- tained in section 3(a)(1) shall expire 1 year from the date of enactment of this Act [July 28, 2003] unless re- newed under paragraph (2) of this section [sub- section]. ‘‘(2) RESOLUTION BY CONGRESS.—The import restric- tions contained in section 3(a)(1) may be renewed an- nually for a 1-year period if, prior to the anniversary of the date of enactment of this Act, and each year thereafter, a renewal resolution is enacted into law in accordance with subsection (c). ‘‘(3) LIMITATION.—The import restrictions contained in section 3(a)(1) may be renewed for a maximum of twelve years from the date of the enactment of this Act [July 28, 2003]. ‘‘(4) RULE OF CONSTRUCTION.—For purposes of this subsection, any reference to section 3(a)(1) shall be deemed to include a reference to section 3A(b)(1) and (c)(1). ‘‘(c) RENEWAL RESOLUTIONS.— ‘‘(1) IN GENERAL.—For purposes of this section, the term ‘renewal resolution’ means a joint resolution of the 2 Houses of Congress, the sole matter after the re- solving clause of which is as follows: ‘That Congress approves the renewal of the import restrictions con- tained in section 3(a)(1) and section 3A(b)(1) and (c)(1) of the Burmese Freedom and Democracy Act of 2003.’. ‘‘(2) PROCEDURES.— ‘‘(A) IN GENERAL.—A renewal resolution— ‘‘(i) may be introduced in either House of Con- gress by any member of such House at any time within the 90-day period before the expiration of the import restrictions contained in section 3(a)(1) and section 3A(b)(1) and (c)(1); and ‘‘(ii) the provisions of subparagraph (B) shall apply. ‘‘(B) EXPEDITED CONSIDERATION.—The provisions of section 152(b), (c), (d), (e), and (f) of the Trade Act of 1974 (19 U.S.C. 2192 (b), (c), (d), (e), and (f)) apply to a renewal resolution under this Act as if such resolution were a resolution described in section 152(a) of the Trade Act of 1974.’’ [For effective date of amendment by Pub. L. 110–286, § 6(b)(1), (2), see section 6(b)(3) of Pub. L. 110–286, set out above.] [Pub. L. 109–251, § 3, Aug. 1, 2006, 120 Stat. 654, pro- vided that: ‘‘This Act [enacting note below and amend- ing Pub. L. 108–61 set out above] and the amendments made by this Act shall take effect on the date of the enactment of this Act [Aug. 1, 2006] or July 26, 2006, whichever occurs first.’’] [Proc. No. 8294, Sept. 26, 2008, 73 F.R. 57223, provided: in par. (2), that beginning on Sept. 27, 2008, importation of Burmese covered articles into the United States is prohibited, subject to certain exceptions; in par. (3), that beginning on Sept. 27, 2008, importation of non- Burmese covered articles into the United States is sub- ject to certain conditions, with certain exceptions; in par. (4), that the Secretary of the Treasury and the Secretary of Homeland Security are authorized to issue regulations, licenses, and orders and to conduct nec- essary investigations to implement the prohibition on Burmese covered articles and the conditions for impor- tation of non-Burmese covered articles set forth in sec- tion 3A(b), (c) of Pub. L. 108–61, set out above, and also to redelegate those functions as necessary; in par. (5), that the Secretary of the Treasury, in consultation with the Secretary of State, is authorized to perform the functions set forth in section 3A(c)(2)(A) of Pub. L. 108–61 relating to the issuance of waivers and may re- delegate those functions; in par. (6), that the United States Trade Representative is authorized to perform the functions specified in section 3A(b)(3)(A) of Pub. L. 108–61; and, in pars. (7) to (9), that the Secretary of State is authorized to perform the functions specified in sections 3(b) and 3A(b)(3)(B) of Pub. L. 108–61, as well as the functions in section 3A(g) of that Act, in con- sultation with the United States Trade Representa- tive.] [Certain powers of President under sections 3(a) and 4 of Pub. L. 108–61, set out above, delegated to Sec- Page 187 TITLE 50—WAR AND NATIONAL DEFENSE § 1701 retary of the Treasury and functions and authorities of President under section 3(b) of Pub. L. 108–61 delegated to Secretary of State by section 9 of Ex. Ord. No. 13310, July 28, 2003, 68 F.R. 44854, listed in a table below.] [Certain powers of President under section 4 of Pub. L. 108–61, set out above, delegated to Secretary of the Treasury by section 6 of Ex. Ord. No. 13448, Oct. 18, 2007, 72 F.R. 60225, listed in a table below.] Provisions similar to those contained in section 5(a) of Pub. L. 108–61, set out above, were contained in the following appropriation acts: Pub. L. 112–74, div. I, title VII, § 7044(b)(1), Dec. 23, 2011, 125 Stat. 1230. Pub. L. 111–117, div. F, title VII, § 7071(b)(1), Dec. 16, 2009, 123 Stat. 3388. Pub. L. 111–8, div. H, title VII, § 7071(b)(1), Mar. 11, 2009, 123 Stat. 903. Pub. L. 110–161, div. J, title VI, § 638(b)(1), Dec. 26, 2007, 121 Stat. 2333. Pub. L. 109–102, title V, § 526(a), Nov. 14, 2005, 119 Stat. 2205. Pub. L. 108–447, div. D, title V, § 531(a), Dec. 8, 2004, 118 Stat. 3004. Pub. L. 108–199, div. D, title V, § 531(a), Jan. 23, 2004, 118 Stat. 180. Pub. L. 112–163, § 3(b), (c), Aug. 10, 2012, 126 Stat. 1277, provided that: ‘‘(b) RENEWAL OF IMPORT RESTRICTIONS.— ‘‘(1) IN GENERAL.—Congress approves the renewal of the import restrictions contained in section 3(a)(1) and section 3A (b)(1) and (c)(1) of the Burmese Free- dom and Democracy Act of 2003 [Pub. L. 108–61, set out above]. ‘‘(2) RULE OF CONSTRUCTION.—This section shall be deemed to be a ‘renewal resolution’ for purposes of section 9 of the Burmese Freedom and Democracy Act of 2003. ‘‘(c) EFFECTIVE DATE.—This section [enacting this note and amending Pub. L. 108–61, set out above] and the amendment made by this section shall take effect on the date of the enactment of this Act [Aug. 10, 2012] or July 26, 2012, whichever occurs first.’’ Prior similar provisions were contained in the fol- lowing Acts: Pub. L. 112–36, § 140, Oct. 5, 2011, 125 Stat. 391. Pub. L. 112–33, § 140, Sept. 30, 2011, 125 Stat. 368. Pub. L. 111–210, § 1, July 27, 2010, 124 Stat. 2256. Pub. L. 111–42, title I, § 102, July 28, 2009, 123 Stat. 1963. Pub. L. 110–287, § 1, July 29, 2008, 122 Stat. 2649. Pub. L. 110–52, §§ 1, 4, Aug. 1, 2007, 121 Stat. 264. Pub. L. 109–251, § 2, Aug. 1, 2006, 120 Stat. 654. Pub. L. 109–39, July 27, 2005, 119 Stat. 409. Pub. L. 108–272, July 7, 2004, 118 Stat. 818. Pub. L. 104–208, div. A, title I, § 101(c) [title V, § 570], Sept. 30, 1996, 110 Stat. 3009–121, 3009–166, as amended by Pub. L. 117–81, div. E, title LI, § 5114(a)(1), Dec. 27, 2021, 135 Stat. 2351, provided that: ‘‘(a) Until such time as the President determines and certifies to Congress that Burma has made measurable and substantial progress in improving human rights practices and implementing democratic government, the following sanctions shall be imposed on Burma: ‘‘(1) BILATERAL ASSISTANCE.—There shall be no United States assistance to the Government of Burma, other than: ‘‘(A) humanitarian assistance, ‘‘(B) subject to the regular notification proce- dures of the Committees on Appropriations, counter-narcotics assistance under chapter 8 of part I of the Foreign Assistance Act of 1961 [Pub. L. 87–195], or crop substitution assistance, if the Sec- retary of State certifies to the appropriate congres- sional committees that— ‘‘(i) the Government of Burma is fully cooper- ating with United States counter-narcotics ef- forts, and ‘‘(ii) the programs are fully consistent with United States human rights concerns in Burma and serve the United States national interest, and ‘‘(C) assistance promoting human rights and democratic values. ‘‘(2) MULTILATERAL ASSISTANCE.—The Secretary of the Treasury shall instruct the United States execu- tive director of each international financial institu- tion to vote against any loan or other utilization of funds of the respective bank to or for Burma. ‘‘(3) VISAS.—Except as required by treaty obliga- tions or to staff the Burmese mission to the United States, the United States should not grant entry visas to any Burmese government official. ‘‘(b) CONDITIONAL SANCTIONS.—The President is here- by authorized to prohibit, and shall prohibit[,] United States persons from new investment in Burma, if the President determines and certifies to Congress that, after the date of enactment of this Act [Sept. 30, 1996], the Government of Burma has physically harmed, re- arrested for political acts, or exiled Daw Aung San Suu Kyi or has committed large-scale repression of or vio- lence against the Democratic opposition. ‘‘(c) MULTILATERAL STRATEGY.—The President shall develop, in coordination with likeminded countries, a comprehensive, multilateral strategy to— ‘‘(1) support democratic governance and inclusive and representative civilian government, including by supporting entities promoting democracy in Burma and denying legitimacy and resources to the military junta; ‘‘(2) support organizations that represent the demo- cratic aspirations of the people of Burma in the struggle against the military junta; ‘‘(3) impose costs on the military junta; ‘‘(4) secure the unconditional release of all political prisoners in Burma; ‘‘(5) promote genuine national reconciliation among Burma’s diverse ethnic and religious groups; ‘‘(6) provide humanitarian assistance to internally displaced persons in Burma, particularly in areas tar- geted by the military junta, and in neighboring coun- tries for refugees from Burma; ‘‘(7) pursue accountability for atrocities, human rights violations, and crimes against humanity com- mitted by the military junta or the Tatmadaw; and ‘‘(8) counter corrosive malign influence of the Peo- ple’s Republic of China and the Russian Federation in Burma. ‘‘(d) PRESIDENTIAL REPORTS.—Every year following the enactment of this Act [Sept. 30, 1996], the President shall report to the Chairmen of the Committee on For- eign Relations, the Committee on International Rela- tions and the House and Senate Appropriations Com- mittees on the following: ‘‘(1) progress towards inclusive, democratic govern- ance in Burma; ‘‘(2) improvements in human rights practices and accountability for atrocities, human rights viola- tions, and crimes against humanity committed by the Tatmadaw, or military junta of Burma; ‘‘(3) progress toward broad-based and inclusive eco- nomic growth; ‘‘(4) progress toward genuine national reconcili- ation; ‘‘(5) steps taken to impose costs on the military junta; ‘‘(6) progress made in advancing the strategy re- ferred to in subsection (c); and ‘‘(7) actions by the People’s Republic of China or the Russian Federation that undermine the sov- ereignty, stability, or unity of Burma. ‘‘(e) WAIVER AUTHORITY.—The President shall have the authority to waive, temporarily or permanently, any sanction referred to in subsection (a) or subsection (b) if he determines and certifies to Congress that the application of such sanction would be contrary to the national security interests of the United States. ‘‘(f) DEFINITIONS.— ‘‘(1) The term ‘international financial institutions’ shall include the International Bank for Reconstruc- tion and Development, the International Develop- ment Association, the International Finance Cor- Page 188 TITLE 50—WAR AND NATIONAL DEFENSE § 1701 poration, the Multilateral Investment Guarantee Agency, the Asian Development Bank, and the Inter- national Monetary Fund. ‘‘(2) The term ‘new investment’ shall mean any of the following activities if such an activity is under- taken pursuant to an agreement, or pursuant to the exercise of rights under such an agreement, that is entered into with the Government of Burma or a non- governmental entity in Burma, on or after the date of the certification under subsection (b): ‘‘(A) the entry into a contract that includes the economical development of resources located in Burma, or the entry into a contract providing for the general supervision and guarantee of another person’s performance of such a contract; ‘‘(B) the purchase of a share of ownership, includ- ing an equity interest, in that development; ‘‘(C) the entry into a contract providing for the participation in royalties, earnings, or profits in that development, without regard to the form of the participation: Provided, That the term ‘new investment’ does not in- clude the entry into, performance of, or financing of a contract to sell or purchase goods, services, or tech- nology.’’ [Pub. L. 117–81, div. E, title LI, § 5114(a)(1), Dec. 27, 2021, 135 Stat. 2351, which directed the amendment of section 570 of Pub. L. 104–208, was executed by amend- ing Pub. L. 104–208, div. A, title I, § 101(c) [title V, § 570] (set out above), to reflect the probable intent of Con- gress.] [Pub. L. 117–81, div. E, title LI, § 5114(a)(2), Dec. 27, 2021, 135 Stat. 2352, provided that: ‘‘The amendments made by paragraph (1) [amending section 570 Pub. L. 104–208, set out above] shall take effect on the date of the enactment of this Act [Dec. 27, 2021] and apply with respect to the first report required under subsection (d) of section 570 of Public Law 104–208 [set out above] that is required after the date of the enactment of this Act.’’] PRESIDENTIAL DETERMINATION PURSUANT TO SECTION 570(a) OF THE FOREIGN OPERATIONS, EXPORT FINANC- ING, AND RELATED PROGRAMS APPROPRIATIONS ACT, 1997 Determination of President of the United States, No. 2017–04, Dec. 2, 2016, 81 F.R. 94211, provided: Memorandum for the Secretary of State By the authority vested in me as President by the Constitution and the laws of the United States, includ- ing section 570(a) of the Foreign Operations, Export Fi- nancing, and Related Programs Appropriations Act, 1997 (Public Law 104–208) (the ‘‘Act’’), I hereby deter- mine and certify, pursuant to section 570(a) of the Act, that Burma has made measurable and substantial progress in improving human rights practices and im- plementing democratic government. You are authorized and directed to provide this deter- mination and the accompanying Memorandum of Jus- tification to the Congress and to publish the deter- mination in the Federal Register. BARACK OBAMA. LIMITED WAIVER OF CERTAIN SANCTIONS IMPOSED BY, AND DELEGATION OF CERTAIN AUTHORITIES PURSUANT TO, THE TOM LANTOS BLOCK BURMESE JADE (JUNTA’S ANTI-DEMOCRATIC EFFORTS) ACT OF 2008 Determination of President of the United States, No. 2009–11, Jan. 15, 2009, 74 F.R. 3957, provided: Memorandum for the Secretary of State [and] the Secretary of the Treasury By the authority vested in me as President by the Constitution and laws of the United States, including the Tom Lantos Block Burmese JADE (Junta’s Anti- Democratic Efforts) Act of 2008 (Public Law 110–286) (JADE Act) [set out as a note above] and section 301 of title 3, United States Code, in order to ensure that the United States Government’s sanctions against the Bur- mese leadership and its supporters continue to be im- plemented effectively, to allow the reconciliation of measures applicable to persons sanctioned under the JADE Act with measures applicable to the same per- sons sanctioned under the International Emergency Economic Powers Act (50 U.S.C. 1701 et seq.), and to allow for the implementation of additional appropriate sanctions: (1) I hereby waive, pursuant to section 5(i) of the JADE Act, the provisions of section 5(b) of the JADE Act with respect to those persons described in section 5(a)(1) of the JADE Act who are not included on the De- partment of the Treasury’s List of Specially Des- ignated Nationals and Blocked Persons. Because the imposition of effective and meaningful blocking sanc- tions requires the identification of those individuals and entities targeted for sanction and the authoriza- tion of certain limited exceptions to the prohibitions and restrictions that would otherwise apply, I hereby determine and certify that such a limited waiver is in the national interest of the United States. (2) I hereby delegate to the Secretary of the Treasury the waiver authority set forth in section 5(i) of the JADE Act, including the authority to invoke or revoke the waiver with respect to any person or persons or any transaction or category of transactions or prohibitions by making the necessary determination and certifi- cation regarding the national interest of the United States set forth in that section. I hereby direct the Sec- retary of the Treasury, after consultation with the Sec- retary of State and with necessary support from the In- telligence Community, as defined in section 3(4) of the National Security Act of 1947, as amended ([former] 50 U.S.C. 401a(4)) [now 50 U.S.C. 3003(4)], to continue to target aggressively the Burmese regime and its lines of support. I further delegate to the Secretary of the Treasury the authority to take such actions as may be necessary to carry out the purposes of section 5(b) of the JADE Act. The Secretary of the Treasury may re- delegate any of these functions to other officers and agencies of the United States Government consistent with applicable law. The authorities delegated to the Secretary of the Treasury under this memorandum shall be exercised after consultation with the Secretary of State. (3) I authorize the Secretary of State, after consulta- tion with the Secretary of the Treasury, to take such actions as may be necessary to make the submissions to the appropriate congressional committees pursuant to section 5(d) of the JADE Act. I hereby authorize and direct the Secretary of the Treasury to report this determination to the appro- priate congressional committees and to publish it in the Federal Register. GEORGE W. BUSH. SUDAN PEACE Pub. L. 108–497, Dec. 23, 2004, 118 Stat. 4012, as amend- ed by Pub. L. 109–344, §§ 5(a), (b), 8(b), Oct. 13, 2006, 120 Stat. 1875, 1876, 1879, known as the Comprehensive Peace in Sudan Act of 2004, which enforced a com- prehensive peace agreement for Sudan, as envisioned in the Sudan Peace Act and the Machakos Protocol of 2002, and continued to provide humanitarian assistance to the areas of Sudan to which the United States has access, was repealed by Pub. L. 116–283, div. A, title XII, § 1270E(b), Jan. 1, 2021, 134 Stat. 3978, effective Jan. 1, 2020. Pub. L. 107–245, Oct. 21, 2002, 116 Stat. 1504, as amend- ed by Pub. L. 108–497, § 5, Dec. 23, 2004, 118 Stat. 4016; Pub. L. 109–344, § 9, Oct. 13, 2006, 120 Stat. 1880, known as the Sudan Peace Act, which authorized increased as- sistance to the areas of Sudan not controlled by the Government of Sudan to prepare the population for peace and democratic governance, was repealed by Pub. L. 116–283, div. A, title XII, § 1270E(a), Jan. 1, 2021, 134 Stat. 3978, effective Jan. 1, 2020. [Memorandum of President of the United States, Oct. 26, 2020, 85 F.R. 71213, certified, pursuant to section 6(e) of the Comprehensive Peace in Sudan Act of 2004 (Pub. Page 189 TITLE 50—WAR AND NATIONAL DEFENSE § 1701 L. 108–497, formerly set out above), that the Govern- ment of Sudan has taken demonstrable steps in accord- ance with section 12(a)(2) of the Sudan Peace Act of 2002 (Pub. L. 107–245, formerly set out above).] PRESIDENTIAL DETERMINATIONS ON THE SUDAN PEACE ACT Provisions certifying good faith negotiations between the Government of Sudan and the Sudan People’s Lib- eration Movement were contained in the following: Determination of President of the United States, No. 2004–29, Apr. 21, 2004, 69 F.R. 24905. Determination of President of the United States, No. 2004–05, Oct. 21, 2003, 68 F.R. 63977. Determination of President of the United States, No. 2003–21, Apr. 21, 2003, 68 F.R. 20329. ASSISTANCE EFFORTS IN SUDAN Pub. L. 108–199, div. D, title V, § 534(j), Jan. 23, 2004, 118 Stat. 182, defined terms for purposes of section 501 of Pub. L. 106–570, formerly set out below. Pub. L. 106–570, title V, § 501, Dec. 27, 2000, 114 Stat. 3050, authorized the President to undertake appropriate programs with indigenous groups, agencies, or organi- zations in areas outside of control of the Government of Sudan in order to benefit the economic development of that area and its people and exempted exports from those areas from the export prohibitions of Ex. Ord. No. 13067, prior to repeal by Pub. L. 109–344, § 8(a), Oct. 13, 2006, 120 Stat. 1879. IRAN, NORTH KOREA, AND SYRIA NONPROLIFERATION Pub. L. 106–178, Mar. 14, 2000, 114 Stat. 38, as amended by Pub. L. 107–228, div. B, title XIII, § 1306, Sept. 30, 2002, 116 Stat. 1438; Pub. L. 109–112, §§ 3–4(e)(1), Nov. 22, 2005, 119 Stat. 2368, 2369; Pub. L. 109–353, § 3, Oct. 13, 2006, 120 Stat. 2015; Pub. L. 110–329, div. A, § 125, Sept. 30, 2008, 122 Stat. 3577; Pub. L. 112–273, § 4, Jan. 14, 2013, 126 Stat. 2454; Pub. L. 116–94, div. I, title VII, § 701, Dec. 20, 2019, 133 Stat. 3028; Pub. L. 118–159, div. G, title LXXVIII, § 7805, Dec. 23, 2024, 138 Stat. 2560, provided that: ‘‘SECTION 1. SHORT TITLE. ‘‘This Act may be cited as the ‘Iran, North Korea, and Syria Nonproliferation Act’. ‘‘SEC. 2. REPORTS ON PROLIFERATION RELATING TO IRAN, NORTH KOREA, AND SYRIA. ‘‘(a) REPORTS.—The President shall, at the times specified in subsection (b), submit to the Committee on International Relations [now Committee on Foreign Affairs] of the House of Representatives and the Com- mittee on Foreign Relations of the Senate a report identifying every foreign person with respect to whom there is credible information indicating that that per- son, on or after January 1, 1999, transferred to or ac- quired from Iran, on or after January 1, 2005, trans- ferred to or acquired from Syria, or on or after January 1, 2006, transferred to or acquired from North Korea— ‘‘(1) goods, services, or technology listed on— ‘‘(A) the Nuclear Suppliers Group Guidelines for the Export of Nuclear Material, Equipment and Technology (published by the International Atomic Energy Agency as Information Circular INFCIRC/ 254/ Rev.3/ Part 1, and subsequent revisions) and Guidelines for Transfers of Nuclear-Related Dual- Use Equipment, Material, and Related Technology (published by the International Atomic Energy Agency as Information Circular INFCIRC/254/ Rev.3/ Part 2, and subsequent revisions); ‘‘(B) the Missile Technology Control Regime Equipment and Technology Annex of June 11, 1996, and subsequent revisions; ‘‘(C) the lists of items and substances relating to biological and chemical weapons the export of which is controlled by the Australia Group; ‘‘(D) the Schedule One or Schedule Two list of toxic chemicals and precursors the export of which is controlled pursuant to the Convention on the Prohibition of the Development, Production, Stockpiling and Use of Chemical Weapons and on Their Destruction; or ‘‘(E) the Wassenaar Arrangement list of Dual Use Goods and Technologies and Munitions list of July 12, 1996, and subsequent revisions; or ‘‘(2) goods, services, or technology not listed on any list identified in paragraph (1) but which nevertheless would be, if they were United States goods, services, or technology, prohibited for export to Iran, North Korea, or Syria, as the case may be, because of their potential to make a material contribution to the de- velopment of nuclear, biological, or chemical weap- ons, or of ballistic or cruise missile systems. ‘‘(b) TIMING OF REPORTS.—The reports under sub- section (a) shall be submitted not later than 90 days after the date of the enactment of this Act [Mar. 14, 2000], not later than 6 months after such date of enact- ment, and not later than the end of each 6-month pe- riod thereafter. ‘‘(c) EXCEPTIONS.—Any foreign person who— ‘‘(1) was identified in a previous report submitted under subsection (a) on account of a particular trans- fer; or ‘‘(2) has engaged in a transfer on behalf of, or in concert with, the Government of the United States, is not required to be identified on account of that same transfer in any report submitted thereafter under this section, except to the degree that new information has emerged indicating that the particular transfer may have continued, or been larger, more significant, or dif- ferent in nature than previously reported under this section. ‘‘(d) SUBMISSION IN CLASSIFIED FORM.—When the President considers it appropriate, reports submitted under subsection (a), or appropriate parts thereof, may be submitted in classified form. ‘‘(e) CONTENT OF REPORTS.—Each report under sub- section (a) shall contain, with respect to each foreign person identified in such report, a brief description of the type and quantity of the goods, services, or tech- nology transferred by that person to Iran, the cir- cumstances surrounding the transfer, the usefulness of the transfer to Iranian weapons programs, and the probable awareness or lack thereof of the transfer on the part of the government with primary jurisdiction over the person. ‘‘SEC. 3. APPLICATION OF MEASURES TO CERTAIN FOREIGN PERSONS. ‘‘(a) APPLICATION OF MEASURES.—Subject to sections 4 and 5, the President is authorized to apply with re- spect to each foreign person identified in a report sub- mitted pursuant to section 2(a), for such period of time as he may determine, any or all of the measures de- scribed in subsection (b). ‘‘(b) DESCRIPTION OF MEASURES.—The measures re- ferred to in subsection (a) are the following: ‘‘(1) EXECUTIVE ORDER NO. 12938 PROHIBITIONS.—The measures set forth in subsections (b) and (c) of sec- tion 4 of Executive Order No. 12938. ‘‘(2) ARMS EXPORT PROHIBITION.—Prohibition on United States Government sales to that foreign per- son of any item on the United States Munitions List as in effect on August 8, 1995, and termination of sales to that person of any defense articles, defense serv- ices, or design and construction services under the Arms Export Control Act [22 U.S.C. 2751 et seq.]. ‘‘(3) DUAL USE EXPORT PROHIBITION.—Denial of li- censes and suspension of existing licenses for the transfer to that person of items the export of which is controlled under the Export Administration Act of 1979 [50 U.S.C. 4601 et seq.] or the Export Administra- tion Regulations. ‘‘(c) EFFECTIVE DATE OF MEASURES.—Measures ap- plied pursuant to subsection (a) shall be effective with respect to a foreign person no later than— ‘‘(1) 90 days after the report identifying the foreign person is submitted, if the report is submitted on or before the date required by section 2(b); ‘‘(2) 90 days after the date required by section 2(b) for submitting the report, if the report identifying Page 190 TITLE 50—WAR AND NATIONAL DEFENSE § 1701 the foreign person is submitted within 60 days after that date; or ‘‘(3) on the date that the report identifying the for- eign person is submitted, if that report is submitted more than 60 days after the date required by section 2(b). ‘‘(d) PUBLICATION IN FEDERAL REGISTER.—The applica- tion of measures to a foreign person pursuant to sub- section (a) shall be announced by notice published in the Federal Register. ‘‘SEC. 4. PROCEDURES IF MEASURES ARE NOT AP- PLIED. ‘‘(a) REQUIREMENT TO NOTIFY CONGRESS.—Should the President not exercise the authority of section 3(a) to apply any or all of the measures described in section 3(b) with respect to a foreign person identified in a re- port submitted pursuant to section 2(a), he shall so no- tify the Committee on International Relations [now Committee on Foreign Affairs] of the House of Rep- resentatives and the Committee on Foreign Relations of the Senate no later than the effective date under sec- tion 3(c) for measures with respect to that person. ‘‘(b) WRITTEN JUSTIFICATION.—Any notification sub- mitted by the President under subsection (a) shall in- clude a written justification describing in detail the facts and circumstances relating specifically to the for- eign person identified in a report submitted pursuant to section 2(a) that support the President’s decision not to exercise the authority of section 3(a) with respect to that person. ‘‘(c) SUBMISSION IN CLASSIFIED FORM.—When the President considers it appropriate, the notification of the President under subsection (a), and the written jus- tification under subsection (b), or appropriate parts thereof, may be submitted in classified form. ‘‘SEC. 5. DETERMINATION EXEMPTING FOREIGN PERSON FROM SECTIONS 3 AND 4. ‘‘(a) IN GENERAL.—Sections 3 and 4 shall not apply to a foreign person 15 days after the President reports to the Committee on International Relations [now Com- mittee on Foreign Affairs] of the House of Representa- tives and the Committee on Foreign Relations of the Senate that the President has determined, on the basis of information provided by that person, or otherwise obtained by the President, that— ‘‘(1) the person did not, on or after January 1, 1999, knowingly transfer to or acquire from Iran, North Korea, or Syria, as the case may be, the goods, serv- ices, or technology the apparent transfer of which caused that person to be identified in a report sub- mitted pursuant to section 2(a); ‘‘(2) the goods, services, or technology the transfer of which caused that person to be identified in a re- port submitted pursuant to section 2(a) did not mate- rially contribute to the efforts of Iran, North Korea, or Syria, as the case may be, to develop nuclear, bio- logical, or chemical weapons, or ballistic or cruise missile systems, or weapons listed on the Wassenaar Arrangement Munitions List of July 12, 1996, or any subsequent revision of that list; ‘‘(3) the person is subject to the primary jurisdic- tion of a government that is an adherent to one or more relevant nonproliferation regimes, the person was identified in a report submitted pursuant to sec- tion 2(a) with respect to a transfer of goods, services, or technology described in section 2(a)(1), and such transfer was made consistent with the guidelines and parameters of all such relevant regimes of which such government is an adherent; or ‘‘(4) the government with primary jurisdiction over the person has imposed meaningful penalties on that person on account of the transfer of the goods, serv- ices, or technology which caused that person to be identified in a report submitted pursuant to section 2(a). ‘‘(b) OPPORTUNITY TO PROVIDE INFORMATION.—Con- gress urges the President— ‘‘(1) in every appropriate case, to contact in a time- ly fashion each foreign person identified in each re- port submitted pursuant to section 2(a), or the gov- ernment with primary jurisdiction over such person, in order to afford such person, or governments, the opportunity to provide explanatory, exculpatory, or other additional information with respect to the transfer that caused such person to be identified in a report submitted pursuant to section 2(a); and ‘‘(2) to exercise the authority in subsection (a) in all cases where information obtained from a foreign person identified in a report submitted pursuant to section 2(a), or from the government with primary ju- risdiction over such person, establishes that the exer- cise of such authority is warranted. ‘‘(c) SUBMISSION IN CLASSIFIED FORM.—When the President considers it appropriate, the determination and report of the President under subsection (a), or ap- propriate parts thereof, may be submitted in classified form. ‘‘SEC. 6. RESTRICTION ON EXTRAORDINARY PAY- MENTS IN CONNECTION WITH THE INTER- NATIONAL SPACE STATION. ‘‘(a) RESTRICTION ON EXTRAORDINARY PAYMENTS IN CONNECTION WITH THE INTERNATIONAL SPACE STATION.— Notwithstanding any other provision of law, no agency of the United States Government may make extraor- dinary payments in connection with the International Space Station to the Russian Aviation and Space Agen- cy, any organization or entity under the jurisdiction or control of the Russian Aviation and Space Agency, or any other organization, entity, or element of the Gov- ernment of the Russian Federation, unless, during the fiscal year in which the extraordinary payments in con- nection with the International Space Station are to be made, the President has made the determination de- scribed in subsection (b), and reported such determina- tion to the Committee on International Relations [now Committee on Foreign Affairs] and the Committee on Science [now Committee on Science, Space, and Tech- nology] of the House of Representatives and the Com- mittee on Foreign Relations and the Committee on Commerce, Science, and Transportation of the Senate. ‘‘(b) DETERMINATION REGARDING RUSSIAN COOPERATION IN PREVENTING PROLIFERATION RELATING TO IRAN, NORTH KOREA, AND SYRIA.—The determination referred to in subsection (a) is a determination by the President that— ‘‘(1) it is the policy of the Government of the Rus- sian Federation to oppose the proliferation to or from Iran, North Korea, and Syria of weapons of mass de- struction and missile systems capable of delivering such weapons; ‘‘(2) the Government of the Russian Federation (in- cluding the law enforcement, export promotion, ex- port control, and intelligence agencies of such gov- ernment) has demonstrated and continues to dem- onstrate a sustained commitment to seek out and prevent the transfer to or from Iran, North Korea, and Syria of goods, services, and technology that could make a material contribution to the develop- ment of nuclear, biological, or chemical weapons, or of ballistic or cruise missile systems; and ‘‘(3) neither the Russian Aviation and Space Agen- cy, nor any organization or entity under the jurisdic- tion or control of the Russian Aviation and Space Agency, has, during the 1-year period prior to the date of the determination pursuant to this sub- section, made transfers to or from Iran, North Korea, or Syria reportable under section 2(a) of this Act (other than transfers with respect to which a deter- mination pursuant to section 5 has been or will be made). ‘‘(c) PRIOR NOTIFICATION.—Not less than 5 days before making a determination under subsection (b), the President shall notify the Committee on International Relations [now Committee on Foreign Affairs] and the Committee on Science [now Committee on Science, Space, and Technology] of the House of Representatives and the Committee on Foreign Relations and the Com- mittee on Commerce, Science, and Transportation of Page 191 TITLE 50—WAR AND NATIONAL DEFENSE § 1701 the Senate of his intention to make such determina- tion. ‘‘(d) WRITTEN JUSTIFICATION.—A determination of the President under subsection (b) shall include a written justification describing in detail the facts and cir- cumstances supporting the President’s conclusion. ‘‘(e) SUBMISSION IN CLASSIFIED FORM.—When the President considers it appropriate, a determination of the President under subsection (b), a prior notification under subsection (c), and a written justification under subsection (d), or appropriate parts thereof, may be submitted in classified form. ‘‘(f) EXCEPTION FOR CREW SAFETY.— ‘‘(1) EXCEPTION.—The National Aeronautics and Space Administration may make extraordinary pay- ments that would otherwise be prohibited under this section to the Russian Aviation and Space Agency or any organization or entity under the jurisdiction or control of the Russian Aviation and Space Agency if the President has notified the Congress in writing that such payments are necessary to prevent the im- minent loss of life by or grievous injury to individ- uals aboard the International Space Station. ‘‘(2) REPORT.—Not later than 30 days after notifying Congress that the National Aeronautics and Space Administration will make extraordinary payments under paragraph (1), the President shall submit to Congress a report describing— ‘‘(A) the extent to which the provisions of sub- section (b) had been met as of the date of notifica- tion; and ‘‘(B) the measures that the National Aeronautics and Space Administration is taking to ensure that— ‘‘(i) the conditions posing a threat of imminent loss of life by or grievous injury to individuals aboard the International Space Station necessi- tating the extraordinary payments are not re- peated; and ‘‘(ii) it is no longer necessary to make extraor- dinary payments in order to prevent imminent loss of life by or grievous injury to individuals aboard the International Space Station. ‘‘(g) SERVICE MODULE EXCEPTION.— ‘‘(1) The National Aeronautics and Space Adminis- tration may make extraordinary payments that would otherwise be prohibited under this section to the Russian Aviation and Space Agency, any organi- zation or entity under the jurisdiction or control of the Russian Aviation and Space Agency, or any sub- contractor thereof for the construction, testing, prep- aration, delivery, launch, or maintenance of the Serv- ice Module, and for the purchase (at a total cost not to exceed $14,000,000) of the pressure dome for the In- terim Control Module and the Androgynous Periph- eral Docking Adapter and related hardware for the United States propulsion module, if— ‘‘(A) the President has notified Congress at least 5 days before making such payments; ‘‘(B) no report has been made under section 2 with respect to an activity of the entity to receive such payment, and the President has no credible infor- mation of any activity that would require such a report; and ‘‘(C) the United States will receive goods or serv- ices of value to the United States commensurate with the value of the extraordinary payments made. ‘‘(2) For purposes of this subsection, the term ‘maintenance’ means activities which cannot be per- formed by the National Aeronautics and Space Ad- ministration and which must be performed in order for the Service Module to provide environmental con- trol, life support, and orbital maintenance functions which cannot be performed by an alternative means at the time of payment. ‘‘(3) This subsection shall cease to be effective 60 days after a United States propulsion module is in place at the International Space Station. ‘‘(h) EXCEPTION.—Notwithstanding subsections (a) and (b), no agency of the United States Government may make extraordinary payments in connection with the International Space Station, or any other pay- ments in connection with the International Space Sta- tion, to any foreign person subject to measures applied pursuant to— ‘‘(1) section 3 of this Act; or ‘‘(2) section 4 of Executive Order No. 12938 (Novem- ber 14, 1994), as amended by Executive Order No. 13094 (July 28, 1998). Such payments shall also not be made to any other en- tity if the agency of the United States Government an- ticipates that such payments will be passed on to such a foreign person. ‘‘(i) REPORT ON CERTAIN PAYMENTS RELATED TO INTER- NATIONAL SPACE STATION.— ‘‘(1) IN GENERAL.—The President shall, together with each report submitted under section 2(a), submit to the Committee on Foreign Relations of the Senate and the Committee on International Relations [now Committee on Foreign Affairs] of the House of Rep- resentatives a report that identifies each Russian en- tity or person to whom the United States Govern- ment has, since the date of the enactment of the Iran Nonproliferation Amendments Act of 2005 [Nov. 22, 2005], made a payment in cash or in kind for work to be performed or services to be rendered under the Agreement Concerning Cooperation on the Civil International Space Station, with annex, signed at Washington January 29, 1998, and entered into force March 27, 2001, or any protocol, agreement, memo- randum of understanding, or contract related there- to. ‘‘(2) CONTENT.—Each report submitted under para- graph (1) shall include— ‘‘(A) the specific purpose of each payment made to each entity or person identified in the report; and ‘‘(B) with respect to each such payment, the as- sessment of the President that the payment was not prejudicial to the achievement of the objectives of the United States Government to prevent the proliferation of ballistic or cruise missile systems in Iran and other countries that have repeatedly provided support for acts of international ter- rorism, as determined by the Secretary of State under section 620A(a) of the Foreign Assistance Act of 1961 (22 U.S.C. 2371(a)), [former] section 6(j) of the Export Administration Act of 1979 (50 U.S.C. App. 2405(j)) [former 50 U.S.C. 4605(j)], or section 40(d) of the Arms Export Control Act (22 U.S.C. 2780(d)). ‘‘SEC. 7. DEFINITIONS. ‘‘For purposes of this Act, the following terms have the following meanings: ‘‘(1) EXTRAORDINARY PAYMENTS IN CONNECTION WITH THE INTERNATIONAL SPACE STATION.—The term ‘ex- traordinary payments in connection with the Inter- national Space Station’ means payments in cash or in kind made or to be made by the United States Gov- ernment— ‘‘(A) for work on the International Space Station which the Russian Government pledged at any time to provide at its expense; or ‘‘(B) for work on the International Space Station not required to be made under the terms of a con- tract or other agreement that was in effect on Jan- uary 1, 1999, as those terms were in effect on such date, except that such term does not mean payments in cash or in kind made or to be made by the United States Government prior to December 31, 2030, for work to be performed or services to be rendered prior to that date necessary to meet United States obligations under the Agreement Concerning Co- operation on the Civil International Space Station, with annex, signed at Washington January 29, 1998, and entered into force March 27, 2001, or any pro- tocol, agreement, memorandum of understanding, or contract related thereto. ‘‘(2) FOREIGN PERSON; PERSON.—The terms ‘foreign person’ and ‘person’ mean— Page 192 TITLE 50—WAR AND NATIONAL DEFENSE § 1701 ‘‘(A) a natural person that is an alien; ‘‘(B) a corporation, business association, partner- ship, society, trust, or any other nongovernmental entity, organization, or group, that is organized under the laws of a foreign country or has its prin- cipal place of business in a foreign country; ‘‘(C) any foreign government, including any for- eign governmental entity; and ‘‘(D) any successor, subunit, or subsidiary of any entity described in subparagraph (A), (B), or (C), in- cluding any entity in which any entity described in any such subparagraph owns a controlling interest. ‘‘(3) EXECUTIVE ORDER NO. 12938.—The term ‘Execu- tive Order No. 12938’ means Executive Order No. 12938 [listed in a table below] as in effect on January 1, 1999. ‘‘(4) ADHERENT TO RELEVANT NONPROLIFERATION RE- GIME.—A government is an ‘adherent’ to a ‘relevant nonproliferation regime’ if that government— ‘‘(A) is a member of the Nuclear Suppliers Group with respect to a transfer of goods, services, or technology described in section 2(a)(1)(A); ‘‘(B) is a member of the Missile Technology Con- trol Regime with respect to a transfer of goods, services, or technology described in section 2(a)(1)(B), or is a party to a binding international agreement with the United States that was in ef- fect on January 1, 1999, to control the transfer of such goods, services, or technology in accordance with the criteria and standards set forth in the Mis- sile Technology Control Regime; ‘‘(C) is a member of the Australia Group with re- spect to a transfer of goods, services, or technology described in section 2(a)(1)(C); ‘‘(D) is a party to the Convention on the Prohibi- tion of the Development, Production, Stockpiling and Use of Chemical Weapons and on Their Destruc- tion with respect to a transfer of goods, services, or technology described in section 2(a)(1)(D); or ‘‘(E) is a member of the Wassenaar Arrangement with respect to a transfer of goods, services, or technology described in section 2(a)(1)(E). ‘‘(5) ORGANIZATION OR ENTITY UNDER THE JURISDIC- TION OR CONTROL OF THE RUSSIAN AVIATION AND SPACE AGENCY.— ‘‘(A) The term ‘organization or entity under the jurisdiction or control of the Russian Aviation and Space Agency’ means an organization or entity that— ‘‘(i) was made part of the Russian Space Agency upon its establishment on February 25, 1992; ‘‘(ii) was transferred to the Russian Space Agency by decree of the Russian Government on July 25, 1994, or May 12, 1998; ‘‘(iii) was or is transferred to the Russian Avia- tion and Space Agency or Russian Space Agency by decree of the Russian Government at any other time before, on, or after the date of the en- actment of this Act [Mar. 14, 2000]; or ‘‘(iv) is a joint stock company in which the Rus- sian Aviation and Space Agency or Russian Space Agency has at any time held controlling interest. ‘‘(B) Any organization or entity described in sub- paragraph (A) shall be deemed to be under the juris- diction or control of the Russian Aviation and Space Agency regardless of whether— ‘‘(i) such organization or entity, after being part of or transferred to the Russian Aviation and Space Agency or Russian Space Agency, is re- moved from or transferred out of the Russian Aviation and Space Agency or Russian Space Agency; or ‘‘(ii) the Russian Aviation and Space Agency or Russian Space Agency, after holding a controlling interest in such organization or entity, divests its controlling interest.’’ [Pub. L. 109–112, § 3(a)(2), Nov. 22, 2005, 119 Stat. 2368, which directed amendment of ‘‘section 7(1)(B)’’ of Pub. L. 106–178, set out above, by inserting at end ‘‘except that such term does not mean payments in cash or in kind made or to be made by the United States Govern- ment prior to January 1, 2012, for work to be performed or services to be rendered prior to that date necessary to meet United States obligations under the Agreement Concerning Cooperation on the Civil International Space Station, with annex, signed at Washington Janu- ary 29, 1998, and entered into force March 27, 2001, or any protocol, agreement, memorandum of under- standing, or contract related thereto.’’, was executed by inserting text as concluding provisions of par. (1), to reflect the probable intent of Congress. Subsequent amendments by Pub. L. 110–329 and Pub. L. 112–173, which also directed amendment of section ‘‘7(1)(B)’’, were executed by making the amendments to such con- cluding provisions.] [Pub. L. 109–112, § 4(e)(2), Nov. 22, 2005, 119 Stat. 2370, provided that: ‘‘Any reference in a law, regulation, doc- ument, or other record of the United States to the Iran Nonproliferation Act of 2000 [now Iran, North Korea, and Syria Nonproliferation Act, Pub. L. 106–198, set out above] shall be deemed to be a reference to the Iran and Syria Nonproliferation Act.’’] [Memorandum of President of the United States, Sept. 11, 2000, 65 F.R. 56209, delegated to the Secretary of State functions and authorities conferred on the President under Pub. L. 106–178, set out above, with the exception of section 6(f) and (g), from which were dele- gated to the Secretary of State only section 6(f)(2)(A) and (g)(1)(B), with the remaining functions and authori- ties under section 6(f) and (g) delegated to the Adminis- trator of the National Aeronautics and Space Adminis- tration, and provided that authorities and functions delegated by the memorandum could be redelegated.] APPLICATION OF AUTHORITIES UNDER THE INTER- NATIONAL EMERGENCY ECONOMIC POWERS ACT TO COMMUNIST CHINESE MILITARY COMPANIES Pub. L. 105–261, div. A, title XII, § 1237, Oct. 17, 1998, 112 Stat. 2160, as amended by Pub. L. 106–398, § 1 [[div. A], title XII, § 1233], Oct. 30, 2000, 114 Stat. 1654, 1654A–330; Pub. L. 108–375, div. A, title XII, § 1222, Oct. 28, 2004, 118 Stat. 2089, provided that: ‘‘(a) PRESIDENTIAL AUTHORITY.— ‘‘(1) IN GENERAL.—The President may exercise IEEPA authorities (other than authorities relating to importation) without regard to section 202 of the International Emergency Economic Powers Act (50 U.S.C. 1701) in the case of any commercial activity in the United States by a person that is on the list pub- lished under subsection (b). ‘‘(2) PENALTIES.—The penalties set forth in section 206 of the International Emergency Economic Powers Act (50 U.S.C. 1705) apply to violations of any license, order, or regulation issued under paragraph (1). ‘‘(3) IEEPA AUTHORITIES.—For purposes of paragraph (1), the term ‘IEEPA authorities’ means the authori- ties set forth in section 203(a) of the International Emergency Economic Powers Act (50 U.S.C. 1702(a)). ‘‘(b) DETERMINATION AND REPORTING OF COMMUNIST CHINESE MILITARY COMPANIES OPERATING IN UNITED STATES.— ‘‘(1) INITIAL DETERMINATION AND REPORTING.—Not later than March 1, 2001, the Secretary of Defense shall make a determination of those persons oper- ating directly or indirectly in the United States or any of its territories and possessions that are Com- munist Chinese military companies and shall submit a list of those persons in classified and unclassified form to the following: ‘‘(A) The Committee on Armed Services of the House of Representatives. ‘‘(B) The Committee on Armed Services of the Senate. ‘‘(C) The Secretary of State. ‘‘(D) The Secretary of the Treasury. ‘‘(E) The Attorney General. ‘‘(F) The Secretary of Commerce. ‘‘(G) The Secretary of Energy. ‘‘(H) The Director of Central Intelligence. ‘‘(2) ANNUAL REVISIONS TO THE LIST.—The Secretary of Defense shall make additions or deletions to the Page 193 TITLE 50—WAR AND NATIONAL DEFENSE § 1701 list submitted under paragraph (1) on an annual basis based on the latest information available and shall submit the updated list not later than February 1, each year to the committees and officers specified in paragraph (1). ‘‘(3) CONSULTATION.—The Secretary of Defense shall consult with the following officers in carrying out paragraphs (1) and (2): ‘‘(A) The Attorney General. ‘‘(B) The Director of Central Intelligence. ‘‘(C) The Director of the Federal Bureau of Inves- tigation. ‘‘(4) COMMUNIST CHINESE MILITARY COMPANY.—For purposes of making the determination required by paragraph (1) and of carrying out paragraph (2), the term ‘Communist Chinese military company’ means— ‘‘(A) any person identified in the Defense Intel- ligence Agency publication numbered VP–1920–271–90, dated September 1990, or PC–1921–57–95, dated October 1995, and any update of those publications for the purposes of this section; and ‘‘(B) any other person that— ‘‘(i) is owned or controlled by, or affiliated with, the People’s Liberation Army or a ministry of the government of the People’s Republic of China or that is owned or controlled by an entity affiliated with the defense industrial base of the People’s Republic of China; and ‘‘(ii) is engaged in providing commercial serv- ices, manufacturing, producing, or exporting. ‘‘(c) PEOPLE’S LIBERATION ARMY.—For purposes of this section, the term ‘People’s Liberation Army’ means the land, naval, and air military services, the police, and the intelligence services of the Communist Government of the People’s Republic of China, and any member of any such service or of such police.’’ [Reference to the Director of Central Intelligence or the Director of the Central Intelligence Agency in the Director’s capacity as the head of the intelligence com- munity deemed to be a reference to the Director of Na- tional Intelligence. Reference to the Director of Cen- tral Intelligence or the Director of the Central Intel- ligence Agency in the Director’s capacity as the head of the Central Intelligence Agency deemed to be a ref- erence to the Director of the Central Intelligence Agen- cy. See section 1081(a), (b) of Pub. L. 108–458, set out as a note under section 3001 of this title.] [For termination, effective Dec. 31, 2021, of annual re- porting provisions in section 1237(b)(2) of Pub. L. 105–261, set out above, see section 1061 of Pub. L. 114–328, set out as a note under section 111 of Title 10, Armed Forces.] IRAN SANCTIONS Pub. L. 104–172, Aug. 5, 1996, 110 Stat. 1541, as amended by Pub. L. 107–24, §§ 2(a), 3–5, Aug. 3, 2001, 115 Stat. 199, 200; Pub. L. 109–267, § 1, Aug. 4, 2006, 120 Stat. 680; Pub. L. 109–293, title II, §§ 201–202(b), 203–205(g)(1), Sept. 30, 2006, 120 Stat. 1345–1347; Pub. L. 111–195, title I, § 102(a)–(g), July 1, 2010, 124 Stat. 1317–1324; Pub. L. 112–158, title II, §§ 201, 202(a), 203, 204(a), 205–207(a), title III, § 311(a), (b)(1), Aug. 10, 2012, 126 Stat. 1219, 1221, 1223, 1225–1227, 1247, 1248; Pub. L. 114–277, § 2, Dec. 15, 2016, 130 Stat. 1409, provided that: ‘‘SECTION 1. SHORT TITLE. ‘‘This Act may be cited as the ‘Iran Sanctions Act of 1996’. ‘‘SEC. 2. FINDINGS. ‘‘The Congress makes the following findings: ‘‘(1) The efforts of the Government of Iran to ac- quire weapons of mass destruction and the means to deliver them and its support of acts of international terrorism endanger the national security and foreign policy interests of the United States and those coun- tries with which the United States shares common strategic and foreign policy objectives. ‘‘(2) The objective of preventing the proliferation of weapons of mass destruction and acts of inter- national terrorism through existing multilateral and bilateral initiatives requires additional efforts to deny Iran the financial means to sustain its nuclear, chemical, biological, and missile weapons programs. ‘‘(3) The Government of Iran uses its diplomatic fa- cilities and quasi-governmental institutions outside of Iran to promote acts of international terrorism and assist its nuclear, chemical, biological, and mis- sile weapons programs. ‘‘SEC. 3. DECLARATION OF POLICY. ‘‘The Congress declares that it is the policy of the United States to deny Iran the ability to support acts of international terrorism and to fund the development and acquisition of weapons of mass destruction and the means to deliver them by limiting the development of Iran’s ability to explore for, extract, refine, or trans- port by pipeline petroleum resources of Iran. ‘‘SEC. 4. MULTILATERAL REGIME. ‘‘(a) MULTILATERAL NEGOTIATIONS.—In order to fur- ther the objectives of section 3, the Congress urges the President to commence immediately diplomatic ef- forts, both in appropriate international fora such as the United Nations, and bilaterally with allies of the United States, to establish a multilateral sanctions re- gime against Iran, including provisions limiting the de- velopment of petroleum resources, that will inhibit Iran’s efforts to carry out activities described in sec- tion 2. ‘‘(b) REPORTS TO CONGRESS.—The President shall re- port to the appropriate congressional committees, not later than 1 year after the date of the enactment of this Act [Aug. 5, 1996], and periodically thereafter, on the extent that diplomatic efforts described in subsection (a) have been successful. Each report shall include— ‘‘(1) the countries that have agreed to undertake measures to further the objectives of section 3 with respect to Iran, and a description of those measures; and ‘‘(2) the countries that have not agreed to measures described in paragraph (1), and, with respect to those countries, other measures the President recommends that the United States take to further the objectives of section 3 with respect to Iran. ‘‘(c) WAIVER.— ‘‘(1) IN GENERAL.— ‘‘(A) GENERAL WAIVER.—The President may, on a case by case basis, waive for a period of not more than six months the application of section 5(a) with respect to a national of a country, if the President certifies to the appropriate congressional commit- tees at least 30 days before such waiver is to take effect that such waiver is vital to the national secu- rity interests of the United States. ‘‘(B) WAIVER WITH RESPECT TO PERSONS IN COUN- TRIES THAT COOPERATE IN MULTILATERAL EFFORTS WITH RESPECT TO IRAN.—The President may, on a case by case basis, waive for a period of not more than 12 months the application of section 5(a) with respect to a person if the President, at least 30 days before the waiver is to take effect— ‘‘(i) certifies to the appropriate congressional committees that— ‘‘(I) the government with primary jurisdiction over the person is closely cooperating with the United States in multilateral efforts to prevent Iran from— ‘‘(aa) acquiring or developing chemical, bio- logical, or nuclear weapons or related tech- nologies; or ‘‘(bb) acquiring or developing destabilizing numbers and types of advanced conventional weapons; and ‘‘(II) such a waiver is vital to the national se- curity interests of the United States; and ‘‘(ii) submits to the appropriate congressional committees a report identifying— ‘‘(I) the person with respect to which the President waives the application of sanctions; and Page 194 TITLE 50—WAR AND NATIONAL DEFENSE § 1701 ‘‘(II) the actions taken by the government de- scribed in clause (i)(I) to cooperate in multilat- eral efforts described in that clause. ‘‘(2) SUBSEQUENT RENEWAL OF WAIVER.—At the con- clusion of the period of a waiver under subparagraph (A) or (B) of paragraph (1), the President may renew the waiver— ‘‘(A) if the President determines, in accordance with subparagraph (A) or (B) of that paragraph (as the case may be), that the waiver is appropriate; and ‘‘(B)(i) in the case of a waiver under subparagraph (A) of paragraph (1), for subsequent periods of not more than six months each; and ‘‘(ii) in the case of a waiver under subparagraph (B) of paragraph (1), for subsequent periods of not more than 12 months each. ‘‘(d) INTERIM REPORT ON MULTILATERAL SANCTIONS; MONITORING.—The President, not later than 90 days after the date of the enactment of this Act, shall report to the appropriate congressional committees on— ‘‘(1) whether the member states of the European Union, the Republic of Korea, Australia, Israel, or Japan have legislative or administrative standards providing for the imposition of trade sanctions on persons or their affiliates doing business or having in- vestments in Iran or Libya; ‘‘(2) the extent and duration of each instance of the application of such sanctions; and ‘‘(3) the disposition of any decision with respect to such sanctions by the World Trade Organization or its predecessor organization. ‘‘(e) INVESTIGATIONS.— ‘‘(1) IN GENERAL.—The President shall initiate an investigation into the possible imposition of sanc- tions under section 5(a) against a person upon receipt by the United States of credible information indi- cating that such person is engaged in an activity de- scribed in such section. ‘‘(2) DETERMINATION AND NOTIFICATION.—Not later than 180 days after an investigation is initiated in ac- cordance with paragraph (1), the President shall (un- less paragraph (3) applies) determine, pursuant to sec- tion 5(a), if a person has engaged in an activity de- scribed in such section and shall notify the appro- priate congressional committees of the basis for any such determination. ‘‘(3) SPECIAL RULE.—The President need not initiate an investigation, and may terminate an investiga- tion, under this subsection if the President certifies in writing to the appropriate congressional commit- tees that— ‘‘(A) the person whose activity was the basis for the investigation is no longer engaging in the activ- ity or has taken significant verifiable steps toward stopping the activity; and ‘‘(B) the President has received reliable assur- ances that the person will not knowingly engage in an activity described in section 5(a) in the future. ‘‘(f) BRIEFINGS ON IMPLEMENTATION.—Not later than 90 days after the date of the enactment of the Iran Threat Reduction and Syria Human Rights Act of 2012 [Aug. 10, 2012], and every 120 days thereafter, the President, act- ing through the Secretary of State, shall provide to the appropriate congressional committees a comprehensive briefing on efforts to implement this Act. ‘‘SEC. 5. IMPOSITION OF SANCTIONS. ‘‘(a) SANCTIONS RELATING TO THE ENERGY SECTOR OF IRAN.— ‘‘(1) DEVELOPMENT OF PETROLEUM RESOURCES OF IRAN.— ‘‘(A) IN GENERAL.—Except as provided in sub- section (f), the President shall impose 5 or more of the sanctions described in section 6(a) with respect to a person if the President determines that the person knowingly, on or after the date of the enact- ment of the Iran Threat Reduction and Syria Human Rights Act of 2012 [Aug. 10, 2012]— ‘‘(i) makes an investment described in subpara- graph (B) of $20,000,000 or more; or ‘‘(ii) makes a combination of investments de- scribed in subparagraph (B) in a 12-month period if each such investment is of at least $5,000,000 and such investments equal or exceed $20,000,000 in the aggregate. ‘‘(B) INVESTMENT DESCRIBED.—An investment de- scribed in this subparagraph is an investment that directly and significantly contributes to the en- hancement of Iran’s ability to develop petroleum resources. ‘‘(2) PRODUCTION OF REFINED PETROLEUM PROD- UCTS.— ‘‘(A) IN GENERAL.—Except as provided in sub- section (f), the President shall impose 5 or more of the sanctions described in section 6(a) with respect to a person if the President determines that the person knowingly, on or after the date of the enact- ment of the Iran Threat Reduction and Syria Human Rights Act of 2012 [Aug. 10, 2012], sells, leases, or provides to Iran goods, services, tech- nology, information, or support described in sub- paragraph (B)— ‘‘(i) any of which has a fair market value of $1,000,000 or more; or ‘‘(ii) that, during a 12-month period, have an ag- gregate fair market value of $5,000,000 or more. ‘‘(B) GOODS, SERVICES, TECHNOLOGY, INFORMATION, OR SUPPORT DESCRIBED.—Goods, services, tech- nology, information, or support described in this subparagraph are goods, services, technology, infor- mation, or support that could directly and signifi- cantly facilitate the maintenance or expansion of Iran’s domestic production of refined petroleum products, including any direct and significant as- sistance with respect to the construction, mod- ernization, or repair of petroleum refineries or di- rectly associated infrastructure, including con- struction of port facilities, railways, and roads, the primary use of which is to support the delivery of refined petroleum products. ‘‘(3) EXPORTATION OF REFINED PETROLEUM PRODUCTS TO IRAN.— ‘‘(A) IN GENERAL.—Except as provided in sub- section (f), the President shall impose 5 or more of the sanctions described in section 6(a) with respect to a person if the President determines that the person knowingly, on or after the date of the enact- ment of the Iran Threat Reduction and Syria Human Rights Act of 2012 [Aug. 10, 2012]— ‘‘(i) sells or provides to Iran refined petroleum products— ‘‘(I) that have a fair market value of $1,000,000 or more; or ‘‘(II) that, during a 12-month period, have an aggregate fair market value of $5,000,000 or more; or ‘‘(ii) sells, leases, or provides to Iran goods, services, technology, information, or support de- scribed in subparagraph (B)— ‘‘(I) any of which has a fair market value of $1,000,000 or more; or ‘‘(II) that, during a 12-month period, have an aggregate fair market value of $5,000,000 or more. ‘‘(B) GOODS, SERVICES, TECHNOLOGY, INFORMATION, OR SUPPORT DESCRIBED.—Goods, services, tech- nology, information, or support described in this subparagraph are goods, services, technology, infor- mation, or support that could directly and signifi- cantly contribute to the enhancement of Iran’s ability to import refined petroleum products, in- cluding— ‘‘(i) except as provided in subparagraph (C), un- derwriting or entering into a contract to provide insurance or reinsurance for the sale, lease, or provision of such goods, services, technology, in- formation, or support; ‘‘(ii) financing or brokering such sale, lease, or provision; ‘‘(iii) providing ships or shipping services to de- liver refined petroleum products to Iran; Page 195 TITLE 50—WAR AND NATIONAL DEFENSE § 1701 ‘‘(iv) bartering or contracting by which goods are exchanged for goods, including the insurance or reinsurance of such exchanges; or ‘‘(v) purchasing, subscribing to, or facilitating the issuance of sovereign debt of the Government of Iran, including governmental bonds, issued on or after the date of the enactment of the Iran Threat Reduction and Syria Human Rights Act of 2012. ‘‘(C) EXCEPTION FOR UNDERWRITERS AND INSURANCE PROVIDERS EXERCISING DUE DILIGENCE.—The Presi- dent may not impose sanctions under this para- graph with respect to a person that provides under- writing services or insurance or reinsurance if the President determines that the person has exercised due diligence in establishing and enforcing official policies, procedures, and controls to ensure that the person does not underwrite or enter into a contract to provide insurance or reinsurance for the sale, lease, or provision of goods, services, technology, information, or support described in subparagraph (B). ‘‘(4) JOINT VENTURES WITH IRAN RELATING TO DEVEL- OPING PETROLEUM RESOURCES.— ‘‘(A) IN GENERAL.—Except as provided in subpara- graph (B) or subsection (f), the President shall im- pose 5 or more of the sanctions described in section 6(a) with respect to a person if the President deter- mines that the person knowingly participates, on or after the date of the enactment of the Iran Threat Reduction and Syria Human Rights Act of 2012 [Aug. 10, 2012], in a joint venture with respect to the development of petroleum resources outside of Iran if— ‘‘(i) the joint venture is established on or after January 1, 2002; and ‘‘(ii)(I) the Government of Iran is a substantial partner or investor in the joint venture; or ‘‘(II) Iran could, through a direct operational role in the joint venture or by other means, re- ceive technological knowledge or equipment not previously available to Iran that could directly and significantly contribute to the enhancement of Iran’s ability to develop petroleum resources in Iran. ‘‘(B) APPLICABILITY.—Subparagraph (A) shall not apply with respect to participation in a joint ven- ture established on or after January 1, 2002, and be- fore the date of the enactment of the Iran Threat Reduction and Syria Human Rights Act of 2012, if the person participating in the joint venture termi- nates that participation not later than the date that is 180 days after such date of enactment. ‘‘(5) SUPPORT FOR THE DEVELOPMENT OF PETROLEUM RESOURCES AND REFINED PETROLEUM PRODUCTS IN IRAN.— ‘‘(A) IN GENERAL.—Except as provided in sub- section (f), the President shall impose 5 or more of the sanctions described in section 6(a) with respect to a person if the President determines that the person knowingly, on or after the date of the enact- ment of the Iran Threat Reduction and Syria Human Rights Act of 2012 [Aug. 10, 2012], sells, leases, or provides to Iran goods, services, tech- nology, or support described in subparagraph (B)— ‘‘(i) any of which has a fair market value of $1,000,000 or more; or ‘‘(ii) that, during a 12-month period, have an ag- gregate fair market value of $5,000,000 or more. ‘‘(B) GOODS, SERVICES, TECHNOLOGY, OR SUPPORT DESCRIBED.—Goods, services, technology, or support described in this subparagraph are goods, services, technology, or support that could directly and sig- nificantly contribute to the maintenance or en- hancement of Iran’s— ‘‘(i) ability to develop petroleum resources lo- cated in Iran; or ‘‘(ii) domestic production of refined petroleum products, including any direct and significant as- sistance with respect to the construction, mod- ernization, or repair of petroleum refineries or di- rectly associated infrastructure, including con- struction of port facilities, railways, and roads, the primary use of which is to support the deliv- ery of refined petroleum products. ‘‘(6) DEVELOPMENT AND PURCHASE OF PETROCHEMICAL PRODUCTS FROM IRAN.— ‘‘(A) IN GENERAL.—Except as provided in sub- section (f), the President shall impose 5 or more of the sanctions described in section 6(a) with respect to a person if the President determines that the person knowingly, on or after the date of the enact- ment of the Iran Threat Reduction and Syria Human Rights Act of 2012 [Aug. 10, 2012], sells, leases, or provides to Iran goods, services, tech- nology, or support described in subparagraph (B)— ‘‘(i) any of which has a fair market value of $250,000 or more; or ‘‘(ii) that, during a 12-month period, have an ag- gregate fair market value of $1,000,000 or more. ‘‘(B) GOODS, SERVICES, TECHNOLOGY, OR SUPPORT DESCRIBED.—Goods, services, technology, or support described in this subparagraph are goods, services, technology, or support that could directly and sig- nificantly contribute to the maintenance or expan- sion of Iran’s domestic production of petrochemical products. ‘‘(7) TRANSPORTATION OF CRUDE OIL FROM IRAN.— ‘‘(A) IN GENERAL.—Except as provided in sub- section (f), the President shall impose 5 or more of the sanctions described in section 6(a) with respect to a person if the President determines that— ‘‘(i) the person is a controlling beneficial owner of, or otherwise owns, operates, or controls, or in- sures, a vessel that, on or after the date that is 90 days after the date of the enactment of the Iran Threat Reduction and Syria Human Rights Act of 2012 [Aug. 10, 2012], was used to transport crude oil from Iran to another country; and ‘‘(ii)(I) in the case of a person that is a control- ling beneficial owner of the vessel, the person had actual knowledge the vessel was so used; or ‘‘(II) in the case of a person that otherwise owns, operates, or controls, or insures, the vessel, the person knew or should have known the vessel was so used. ‘‘(B) APPLICABILITY OF SANCTIONS.— ‘‘(i) IN GENERAL.—Except as provided in clause (ii), subparagraph (A) shall apply with respect to the transportation of crude oil from Iran only if a determination of the President under section 1245(d)(4)(B) of the National Defense Authoriza- tion Act for Fiscal Year 2012 (22 U.S.C. 8513a(d)(4)(B)) that there is a sufficient supply of petroleum and petroleum products produced in countries other than Iran to permit purchasers of petroleum and petroleum products from Iran to reduce significantly their purchases from Iran is in effect at the time of the transportation of the crude oil. ‘‘(ii) EXCEPTION FOR CERTAIN COUNTRIES.—Sub- paragraph (A) shall not apply with respect to the transportation of crude oil from Iran to a country to which the exception under paragraph (4)(D) of section 1245(d) of the National Defense Authoriza- tion Act for Fiscal Year 2012 (22 U.S.C. 8513a(d)) to the imposition of sanctions under paragraph (1) of that section applies at the time of the transpor- tation of the crude oil. ‘‘(8) CONCEALING IRANIAN ORIGIN OF CRUDE OIL AND REFINED PETROLEUM PRODUCTS.— ‘‘(A) IN GENERAL.—Except as provided in sub- section (f), the President shall impose 5 or more of the sanctions described in section 6(a) with respect to a person if the President determines that the person is a controlling beneficial owner, or other- wise owns, operates, or controls, a vessel that, on or after the date that is 90 days after the date of the enactment of the Iran Threat Reduction and Syria Human Rights Act of 2012 [Aug. 10, 2012], is used, Page 196 TITLE 50—WAR AND NATIONAL DEFENSE § 1701 with actual knowledge in the case of a person that is a controlling beneficial owner or knowingly in the case of a person that otherwise owns, operates, or controls the vessel, in a manner that conceals the Iranian origin of crude oil or refined petroleum products transported on the vessel, including by— ‘‘(i) permitting the operator of the vessel to sus- pend the operation of the vessel’s satellite track- ing device; or ‘‘(ii) obscuring or concealing the ownership, op- eration, or control of the vessel by— ‘‘(I) the Government of Iran; ‘‘(II) the National Iranian Tanker Company or the Islamic Republic of Iran Shipping Lines; or ‘‘(III) any other entity determined by the President to be owned or controlled by the Gov- ernment of Iran or an entity specified in sub- clause (II). ‘‘(B) ADDITIONAL SANCTION.—Subject to such regu- lations as the President may prescribe and in addi- tion to the sanctions imposed under subparagraph (A), the President may prohibit a vessel owned, op- erated, or controlled by a person, including a con- trolling beneficial owner, with respect to which the President has imposed sanctions under that sub- paragraph and that was used for the activity for which the President imposed those sanctions from landing at a port in the United States for a period of not more than 2 years after the date on which the President imposed those sanctions. ‘‘(C) VESSELS IDENTIFIED BY THE OFFICE OF FOR- EIGN ASSETS CONTROL.—For purposes of subpara- graph (A)(ii), a person shall be deemed to have ac- tual knowledge that a vessel is owned, operated, or controlled by the Government of Iran or an entity specified in subclause (II) or (III) of subparagraph (A)(ii) if the International Maritime Organization vessel registration identification for the vessel is— ‘‘(i) included on a list of specially designated nationals and blocked persons maintained by the Office of Foreign Assets Control of the Depart- ment of the Treasury for activities with respect to Iran; and ‘‘(ii) identified by the Office of Foreign Assets Control as a vessel in which the Government of Iran or any entity specified in subclause (II) or (III) of subparagraph (A)(ii) has an interest. ‘‘(D) DEFINITION OF IRANIAN ORIGIN.—For purposes of subparagraph (A), the term ‘Iranian origin’ means— ‘‘(i) with respect to crude oil, that the crude oil was extracted in Iran; and ‘‘(ii) with respect to a refined petroleum prod- uct, that the refined petroleum product was pro- duced or refined in Iran. ‘‘(9) EXCEPTION FOR PROVISION OF UNDERWRITING SERVICES AND INSURANCE AND REINSURANCE.—The President may not impose sanctions under paragraph (7) or (8) with respect to a person that provides under- writing services or insurance or reinsurance if the President determines that the person has exercised due diligence in establishing and enforcing official policies, procedures, and controls to ensure that the person does not provide underwriting services or in- surance or reinsurance for the transportation of crude oil or refined petroleum products from Iran in a manner for which sanctions may be imposed under either such paragraph. ‘‘(b) MANDATORY SANCTIONS WITH RESPECT TO DEVEL- OPMENT OF WEAPONS OF MASS DESTRUCTION OR OTHER MILITARY CAPABILITIES.— ‘‘(1) EXPORTS, TRANSFERS, AND TRANSSHIPMENTS.— Except as provided in subsection (f), the President shall impose 5 or more of the sanctions described in section 6(a) with respect to a person if the President determines that the person— ‘‘(A) on or after the date of the enactment of the Iran Threat Reduction and Syria Human Rights Act of 2012 [Aug. 10, 2012], exported or transferred, or permitted or otherwise facilitated the trans- shipment of, any goods, services, technology, or other items to any other person; and ‘‘(B) knew or should have known that— ‘‘(i) the export, transfer, or transshipment of the goods, services, technology, or other items would likely result in another person exporting, transferring, transshipping, or otherwise pro- viding the goods, services, technology, or other items to Iran; and ‘‘(ii) the export, transfer, transshipment, or other provision of the goods, services, technology, or other items to Iran would contribute materi- ally to the ability of Iran to— ‘‘(I) acquire or develop chemical, biological, or nuclear weapons or related technologies; or ‘‘(II) acquire or develop destabilizing numbers and types of advanced conventional weapons. ‘‘(2) JOINT VENTURES RELATING TO THE MINING, PRO- DUCTION, OR TRANSPORTATION OF URANIUM.— ‘‘(A) IN GENERAL.—Except as provided in subpara- graph (B) or subsection (f), the President shall im- pose 5 or more of the sanctions described in section 6(a) with respect to a person if the President deter- mines that the person knowingly participated, on or after the date of the enactment of the Iran Threat Reduction and Syria Human Rights Act of 2012 [Aug. 10, 2012], in a joint venture that involves any activity relating to the mining, production, or transportation of uranium— ‘‘(i)(I) established on or after February 2, 2012; and ‘‘(II) with— ‘‘(aa) the Government of Iran; ‘‘(bb) an entity incorporated in Iran or subject to the jurisdiction of the Government of Iran; or ‘‘(cc) a person acting on behalf of or at the di- rection of, or owned or controlled by, the Gov- ernment of Iran or an entity described in item (bb); or ‘‘(ii)(I) established before February 2, 2012; ‘‘(II) with the Government of Iran, an entity de- scribed in item (bb) of clause (i)(II), or a person described in item (cc) of that clause; and ‘‘(III) through which— ‘‘(aa) uranium is transferred directly to Iran or indirectly to Iran through a third country; ‘‘(bb) the Government of Iran receives signifi- cant revenue; or ‘‘(cc) Iran could, through a direct operational role or by other means, receive technological knowledge or equipment not previously avail- able to Iran that could contribute materially to the ability of Iran to develop nuclear weapons or related technologies. ‘‘(B) APPLICABILITY OF SANCTIONS.—Subparagraph (A) shall not apply with respect to participation in a joint venture established before the date of the enactment of the Iran Threat Reduction and Syria Human Rights Act of 2012 if the person partici- pating in the joint venture terminates that partici- pation not later than the date that is 180 days after such date of enactment. ‘‘(3) ADDITIONAL MANDATORY SANCTIONS RELATING TO TRANSFER OF NUCLEAR TECHNOLOGY.— ‘‘(A) IN GENERAL.—Except as provided in subpara- graphs (B) and (C), in any case in which a person is subject to sanctions under paragraph (1) or (2) be- cause of an activity described in that paragraph that relates to the acquisition or development of nuclear weapons or related technology or of mis- siles or advanced conventional weapons that are de- signed or modified to deliver a nuclear weapon, no license may be issued for the export, and no ap- proval may be given for the transfer or retransfer, directly or indirectly, to the country the govern- ment of which has primary jurisdiction over the person, of any nuclear material, facilities, compo- nents, or other goods, services, or technology that are or would be subject to an agreement for co- Page 197 TITLE 50—WAR AND NATIONAL DEFENSE § 1701 operation between the United States and that gov- ernment. ‘‘(B) EXCEPTION.—The sanctions described in sub- paragraph (A) shall not apply with respect to a country the government of which has primary ju- risdiction over a person that engages in an activity described in that subparagraph if the President de- termines and notifies the appropriate congressional committees that the government of the country— ‘‘(i) does not know or have reason to know about the activity; or ‘‘(ii) has taken, or is taking, all reasonable steps necessary to prevent a recurrence of the ac- tivity and to penalize the person for the activity. ‘‘(C) INDIVIDUAL APPROVAL.—Notwithstanding sub- paragraph (A), the President may, on a case-by-case basis, approve the issuance of a license for the ex- port, or approve the transfer or retransfer, of any nuclear material, facilities, components, or other goods, services, or technology that are or would be subject to an agreement for cooperation, to a per- son in a country to which subparagraph (A) applies (other than a person that is subject to the sanctions under paragraph (1) or (2)) if the President— ‘‘(i) determines that such approval is vital to the national security interests of the United States; and ‘‘(ii) not later than 15 days before issuing such license or approving such transfer or retransfer, submits to the Committee on Foreign Affairs of the House of Representatives and the Committee on Foreign Relations of the Senate the justifica- tion for approving such license, transfer, or re- transfer. ‘‘(D) CONSTRUCTION.—The restrictions in subpara- graph (A) shall apply in addition to all other appli- cable procedures, requirements, and restrictions contained in the Atomic Energy Act of 1954 [42 U.S.C. 2011 et seq.] and other related laws. ‘‘(E) DEFINITION.—In this paragraph, the term ‘agreement for cooperation’ has the meaning given that term in section 11 b. of the Atomic Energy Act of 1954 (42 U.S.C. 2014(b)). ‘‘(F) APPLICABILITY.—The sanctions under sub- paragraph (A) shall apply only in a case in which a person is subject to sanctions under paragraph (1) or (2) because of an activity described in paragraph (1) or (2), as the case may be[,] in which the person engages on or after the date of the enactment of the Iran Threat Reduction and Syria Human Rights Act of 2012 [Aug. 10, 2012]. ‘‘(c) PERSONS AGAINST WHICH THE SANCTIONS ARE TO BE IMPOSED.—The sanctions described in subsection (a) and paragraphs (1) and (2) of subsection (b) shall be im- posed on— ‘‘(1) any person the President determines has car- ried out the activities described in subsection (a) or paragraph (1) or (2) of subsection (b); and ‘‘(2) any person that— ‘‘(A) is a successor entity to the person referred to in paragraph (1); ‘‘(B) owns or controls the person referred to in paragraph (1), if the person that owns or controls the person referred to in paragraph (1) had actual knowledge or should have known that the person referred to in paragraph (1) engaged in the activi- ties referred to in that paragraph; or ‘‘(C) is owned or controlled by, or under common ownership or control with, the person referred to in paragraph (1), if the person owned or controlled by, or under common ownership or control with (as the case may be), the person referred to in paragraph (1) knowingly engaged in the activities referred to in that paragraph. For purposes of this Act, any person or entity described in this subsection shall be referred to as a ‘sanctioned person’. ‘‘(d) PUBLICATION IN FEDERAL REGISTER.—The Presi- dent shall cause to be published in the Federal Register a current list of persons and entities on whom sanc- tions have been imposed under this Act. The removal of persons or entities from, and the addition of persons and entities to, the list, shall also be so published. ‘‘(e) PUBLICATION OF PROJECTS.—The President shall cause to be published in the Federal Register a list of all significant projects which have been publicly ten- dered in the oil and gas sector in Iran. ‘‘(f) EXCEPTIONS.—The President shall not be required to apply or maintain the sanctions under subsection (a) or paragraph (1) or (2) of subsection (b)— ‘‘(1) in the case of procurement of defense articles or defense services— ‘‘(A) under existing contracts or subcontracts, in- cluding the exercise of options for production quan- tities to satisfy requirements essential to the na- tional security of the United States; ‘‘(B) if the President determines in writing that the person to which the sanctions would otherwise be applied is a sole source supplier of the defense articles or services, that the defense articles or services are essential, and that alternative sources are not readily or reasonably available; or ‘‘(C) if the President determines in writing that such articles or services are essential to the na- tional security under defense coproduction agree- ments; ‘‘(2) in the case of procurement, to eligible prod- ucts, as defined in section 308(4) of the Trade Agree- ments Act of 1979 (19 U.S.C. 2518(4)), of any foreign country or instrumentality designated under section 301(b) of that Act (19 U.S.C. 2511(b)); ‘‘(3) to products, technology, or services provided under contracts entered into before the date on which the President publishes in the Federal Register the name of the person on whom the sanctions are to be imposed; ‘‘(4) to— ‘‘(A) spare parts which are essential to United States products or production; ‘‘(B) component parts, but not finished products, essential to United States products or production; or ‘‘(C) routine servicing and maintenance of prod- ucts, to the extent that alternative sources are not readily or reasonably available; ‘‘(5) to information and technology essential to United States products or production; or ‘‘(6) to medicines, medical supplies, or other hu- manitarian items. ‘‘SEC. 6. DESCRIPTION OF SANCTIONS. ‘‘(a) IN GENERAL.—The sanctions to be imposed on a sanctioned person under section 5 are as follows: ‘‘(1) EXPORT-IMPORT BANK ASSISTANCE FOR EXPORTS TO SANCTIONED PERSONS.—The President may direct the Export-Import Bank of the United States not to give approval to the issuance of any guarantee, insur- ance, extension of credit, or participation in the ex- tension of credit in connection with the export of any goods or services to any sanctioned person. ‘‘(2) EXPORT SANCTION.—The President may order the United States Government not to issue any spe- cific license and not to grant any other specific per- mission or authority to export any goods or tech- nology to a sanctioned person under— ‘‘(i) the Export Administration Act of 1979 [50 U.S.C. 4601 et seq.]; ‘‘(ii) the Arms Export Control Act [22 U.S.C. 2751 et seq.]; ‘‘(iii) the Atomic Energy Act of 1954 [42 U.S.C. 2011 et seq.]; or ‘‘(iv) any other statute that requires the prior re- view and approval of the United States Government as a condition for the export or reexport of goods or services. ‘‘(3) LOANS FROM UNITED STATES FINANCIAL INSTITU- TIONS.—The United States Government may prohibit any United States financial institution from making loans or providing credits to any sanctioned person totaling more than $10,000,000 in any 12-month period Page 198 TITLE 50—WAR AND NATIONAL DEFENSE § 1701 unless such person is engaged in activities to relieve human suffering and the loans or credits are provided for such activities. ‘‘(4) PROHIBITIONS ON FINANCIAL INSTITUTIONS.—The following prohibitions may be imposed against a sanctioned person that is a financial institution: ‘‘(A) PROHIBITION ON DESIGNATION AS PRIMARY DEALER.—Neither the Board of Governors of the Federal Reserve System nor the Federal Reserve Bank of New York may designate, or permit the continuation of any prior designation of, such fi- nancial institution as a primary dealer in United States Government debt instruments. ‘‘(B) PROHIBITION ON SERVICE AS A REPOSITORY OF GOVERNMENT FUNDS.—Such financial institution may not serve as agent of the United States Gov- ernment or serve as repository for United States Government funds. The imposition of either sanction under subparagraph (A) or (B) shall be treated as 1 sanction for purposes of section 5, and the imposition of both such sanc- tions shall be treated as 2 sanctions for purposes of section 5. ‘‘(5) PROCUREMENT SANCTION.—The United States Government may not procure, or enter into any con- tract for the procurement of, any goods or services from a sanctioned person. ‘‘(6) FOREIGN EXCHANGE.—The President may, pursu- ant to such regulations as the President may pre- scribe, prohibit any transactions in foreign exchange that are subject to the jurisdiction of the United States and in which the sanctioned person has any in- terest. ‘‘(7) BANKING TRANSACTIONS.—The President may, pursuant to such regulations as the President may prescribe, prohibit any transfers of credit or pay- ments between financial institutions or by, through, or to any financial institution, to the extent that such transfers or payments are subject to the juris- diction of the United States and involve any interest of the sanctioned person. ‘‘(8) PROPERTY TRANSACTIONS.—The President may, pursuant to such regulations as the President may prescribe, prohibit any person from— ‘‘(A) acquiring, holding, withholding, using, transferring, withdrawing, transporting, importing, or exporting any property that is subject to the ju- risdiction of the United States and with respect to which the sanctioned person has any interest; ‘‘(B) dealing in or exercising any right, power, or privilege with respect to such property; or ‘‘(C) conducting any transaction involving such property. ‘‘(9) BAN ON INVESTMENT IN EQUITY OR DEBT OF SANC- TIONED PERSON.—The President may, pursuant to such regulations or guidelines as the President may prescribe, prohibit any United States person from in- vesting in or purchasing significant amounts of eq- uity or debt instruments of a sanctioned person. ‘‘(10) EXCLUSION OF CORPORATE OFFICERS.—The President may direct the Secretary of State to deny a visa to, and the Secretary of Homeland Security to exclude from the United States, any alien that the President determines is a corporate officer or prin- cipal of, or a shareholder with a controlling interest in, a sanctioned person. ‘‘(11) SANCTIONS ON PRINCIPAL EXECUTIVE OFFICERS.— The President may impose on the principal executive officer or officers of any sanctioned person, or on per- sons performing similar functions and with similar authorities as such officer or officers, any of the sanctions under this subsection. ‘‘(12) ADDITIONAL SANCTIONS.—The President may impose sanctions, as appropriate, to restrict imports with respect to a sanctioned person, in accordance with the International Emergency Economic Powers Act (50 U.S.C. 1701 and following). ‘‘(b) ADDITIONAL MEASURE RELATING TO GOVERNMENT CONTRACTS.— ‘‘(1) MODIFICATION OF FEDERAL ACQUISITION REGULA- TION.— ‘‘(A) CERTIFICATIONS RELATING TO ACTIVITIES DE- SCRIBED IN SECTION 5.—Not later than 90 days after the date of the enactment of the Comprehensive Iran Sanctions, Accountability, and Divestment Act of 2010 [July 1, 2010], the Federal Acquisition Regulation shall be revised to require a certifi- cation from each person that is a prospective con- tractor that the person, and any person owned or controlled by the person, does not engage in any ac- tivity for which sanctions may be imposed under section 5. ‘‘(B) CERTIFICATIONS RELATING TO TRANSACTIONS WITH IRAN’S REVOLUTIONARY GUARD CORPS.—Not later than 120 days after the date of the enactment of the Iran Threat Reduction and Syria Human Rights Act of 2012 [Aug. 10, 2012], the Federal Acqui- sition Regulation shall be revised to require a cer- tification from each person that is a prospective contractor that the person, and any person owned or controlled by the person, does not knowingly en- gage in a significant transaction or transactions with Iran’s Revolutionary Guard Corps or any of its officials, agents, or affiliates the property and in- terests in property of which are blocked pursuant to the International Emergency Economic Powers Act (50 U.S.C. 1701 et seq.). ‘‘(2) REMEDIES.— ‘‘(A) IN GENERAL.—If the head of an executive agency determines that a person has submitted a false certification under paragraph (1) on or after the date on which the applicable revision of the Federal Acquisition Regulation required by this subsection becomes effective, the head of that exec- utive agency shall terminate a contract with such person or debar or suspend such person from eligi- bility for Federal contracts for a period of not less than 2 years. Any such debarment or suspension shall be subject to the procedures that apply to de- barment and suspension under the Federal Acquisi- tion Regulation under subpart 9.4 of part 9 of title 48, Code of Federal Regulations. ‘‘(B) INCLUSION ON LIST OF PARTIES EXCLUDED FROM FEDERAL PROCUREMENT AND NONPROCUREMENT PRO- GRAMS.—The Administrator of General Services shall include on the List of Parties Excluded from Federal Procurement and Nonprocurement Pro- grams maintained by the Administrator under part 9 of the Federal Acquisition Regulation each person that is debarred, suspended, or proposed for debar- ment or suspension by the head of an executive agency on the basis of a determination of a false certification under subparagraph (A). ‘‘(3) CLARIFICATION REGARDING CERTAIN PRODUCTS.— The remedies set forth in paragraph (2) shall not apply with respect to the procurement of eligible products, as defined in section 308(4) of the Trade Agreements Act of 1974 [1979] (19 U.S.C. 2518(4)), of any foreign country or instrumentality designated under section 301(b) of that Act (19 U.S.C. 2511(b)). ‘‘(4) RULE OF CONSTRUCTION.—This subsection shall not be construed to limit the use of other remedies available to the head of an executive agency or any other official of the Federal Government on the basis of a determination of a false certification under para- graph (1). ‘‘(5) WAIVERS.—The President may on a case-by- case basis waive the requirement that a person make a certification under paragraph (1) if the President determines and certifies in writing to the appropriate congressional committees, the Committee on Armed Services of the Senate, and the Committee on Armed Services of the House of Representatives, that it is essential to the national security interests of the United States to do so. ‘‘(6) DEFINITIONS.—In this subsection: ‘‘(A) EXECUTIVE AGENCY.—The term ‘executive agency’ has the meaning given that term in section 133 of title 41, United States Code. ‘‘(B) FEDERAL ACQUISITION REGULATION.—The term ‘Federal Acquisition Regulation’ means the regula- Page 199 TITLE 50—WAR AND NATIONAL DEFENSE § 1701 tion issued pursuant to section 1303(a)(1) of title 41, United States Code. ‘‘(7) APPLICABILITY.— ‘‘(A) CERTIFICATIONS RELATING TO ACTIVITIES DE- SCRIBED IN SECTION 5.—The revisions to the Federal Acquisition Regulation required under paragraph (1)(A) shall apply with respect to contracts for which solicitations are issued on or after the date that is 90 days after the date of the enactment of the Comprehensive Iran Sanctions, Accountability, and Divestment Act of 2010 [July 1, 2010]. ‘‘(B) CERTIFICATIONS RELATING TO TRANSACTIONS WITH IRAN’S REVOLUTIONARY GUARD CORPS.—The re- visions to the Federal Acquisition Regulation re- quired under paragraph (1)(B) shall apply with re- spect to contracts for which solicitations are issued on or after the date that is 120 days after the date of the enactment of the Iran Threat Reduction and Syria Human Rights Act of 2012 [Aug. 10, 2012]. ‘‘SEC. 7. ADVISORY OPINIONS. ‘‘The Secretary of State may, upon the request of any person, issue an advisory opinion to that person as to whether a proposed activity by that person would sub- ject that person to sanctions under this Act. Any per- son who relies in good faith on such an advisory opin- ion which states that the proposed activity would not subject a person to such sanctions, and any person who thereafter engages in such activity, will not be made subject to such sanctions on account of such activity. ‘‘SEC. 8. TERMINATION OF SANCTIONS. ‘‘The requirement under section 5(a) to impose sanc- tions shall no longer have force or effect with respect to Iran if the President determines and certifies to the appropriate congressional committees that Iran— ‘‘(1) has ceased its efforts to design, develop, manu- facture, or acquire— ‘‘(A) a nuclear explosive device or related mate- rials and technology; ‘‘(B) chemical and biological weapons; and ‘‘(C) ballistic missiles and ballistic missile launch technology; ‘‘(2) has been removed from the list of countries the governments of which have been determined, for pur- poses of [former] section 6(j) of the Export Adminis- tration Act of 1979 [former 50 U.S.C. 4605(j)], to have repeatedly provided support for acts of international terrorism; and ‘‘(3) poses no significant threat to United States na- tional security, interests, or allies. ‘‘SEC. 9. DURATION OF SANCTIONS; PRESIDENTIAL WAIVER. ‘‘(a) DELAY OF SANCTIONS.— ‘‘(1) CONSULTATIONS.—If the President makes a de- termination described in subsection (a) or paragraph (1) or (2) of subsection (b) of section 5 with respect to a foreign person, the Congress urges the President to initiate consultations immediately with the govern- ment with primary jurisdiction over that foreign per- son with respect to the imposition of sanctions under this Act. ‘‘(2) ACTIONS BY GOVERNMENT OF JURISDICTION.—In order to pursue consultations under paragraph (1) with the government concerned, the President may delay imposition of sanctions under this Act for up to 90 days. Following such consultations, the President shall immediately impose sanctions unless the Presi- dent determines and certifies to the Congress that the government has taken specific and effective ac- tions, including, as appropriate, the imposition of ap- propriate penalties, to terminate the involvement of the foreign person in the activities that resulted in the determination by the President under subsection (a) or paragraph (1) or (2) of subsection (b) of section 5 concerning such person. ‘‘(3) ADDITIONAL DELAY IN IMPOSITION OF SANC- TIONS.—The President may delay the imposition of sanctions for up to an additional 90 days if the Presi- dent determines and certifies to the Congress that the government with primary jurisdiction over the person concerned is in the process of taking the ac- tions described in paragraph (2). ‘‘(4) REPORT TO CONGRESS.—Not later than 90 days after making a determination under subsection (a) or paragraph (1) or (2) of subsection (b) of section 5, the President shall submit to the appropriate congres- sional committees a report on the status of consulta- tions with the appropriate foreign government under this subsection, and the basis for any determination under paragraph (3). ‘‘(b) DURATION OF SANCTIONS.—A sanction imposed under section 5 shall remain in effect— ‘‘(1) for a period of not less than 2 years from the date on which it is imposed; or ‘‘(2) until such time as the President determines and certifies to the Congress that the person whose activities were the basis for imposing the sanction is no longer engaging in such activities and that the President has received reliable assurances that such person will not knowingly engage in such activities in the future, except that such sanction shall remain in effect for a period of at least 1 year. ‘‘(c) PRESIDENTIAL WAIVER.— ‘‘(1) AUTHORITY.— ‘‘(A) SANCTIONS RELATING TO THE ENERGY SECTOR OF IRAN.—The President may waive, on a case-by- case basis and for a period of not more than one year, the requirement in section 5(a) to impose a sanction or sanctions on a person described in sec- tion 5(c), and may waive the continued imposition of a sanction or sanctions under subsection (b) of this section, 30 days or more after the President de- termines and so reports to the appropriate congres- sional committees that it is essential to the na- tional security interests of the United States to ex- ercise such waiver authority. ‘‘(B) SANCTIONS RELATING TO DEVELOPMENT OF WEAPONS OF MASS DESTRUCTION OR OTHER MILITARY CAPABILITIES.—The President may waive, on a case- by-case basis and for a period of not more than one year, the requirement in paragraph (1) or (2) of sec- tion 5(b) to impose a sanction or sanctions on a per- son described in section 5(c), and may waive the continued imposition of a sanction or sanctions under subsection (b) of this section, 30 days or more after the President determines and so reports to the appropriate congressional committees that it is vital to the national security interests of the United States to exercise such waiver authority. ‘‘(C) RENEWAL OF WAIVERS.—The President may renew, on a case-by-case basis, a waiver with re- spect to a person under subparagraph (A) or (B) for additional one-year periods if, not later than 30 days before the waiver expires, the President makes the determination and submits to the appropriate congressional committees the report described in subparagraph (A) or (B), as applicable. ‘‘(2) CONTENTS OF REPORT.—Any report under para- graph (1) shall provide a specific and detailed ration- ale for the determination under paragraph (1), includ- ing— ‘‘(A) a description of the conduct that resulted in the determination under subsection (a) or para- graph (1) or (2) of subsection (b) of section 5, as the case may be; ‘‘(B) in the case of a foreign person, an expla- nation of the efforts to secure the cooperation of the government with primary jurisdiction over the sanctioned person to terminate or, as appropriate, penalize the activities that resulted in the deter- mination under subsection (a) or paragraph (1) or (2) of subsection (b) of section 5, as the case may be; ‘‘(C) an estimate of the significance of the con- duct of the person in contributing to the ability of Iran to, as the case may be— ‘‘(i) develop petroleum resources, produce re- fined petroleum products, or import refined pe- troleum products; or ‘‘(ii) acquire or develop— Page 200 TITLE 50—WAR AND NATIONAL DEFENSE § 1701 ‘‘(I) chemical, biological, or nuclear weapons or related technologies; or ‘‘(II) destabilizing numbers and types of ad- vanced conventional weapons; and ‘‘(D) a statement as to the response of the United States in the event that the person concerned en- gages in other activities that would be subject to subsection (a) or paragraph (1) or (2) of subsection (b) of section 5. ‘‘(3) EFFECT OF REPORT ON WAIVER.—If the President makes a report under paragraph (1) with respect to a waiver of sanctions on a person described in section 5(c), sanctions need not be imposed under subsection (a) or paragraph (1) or (2) of subsection (b) of section 5 on that person during the 30-day period referred to in paragraph (1). ‘‘SEC. 10. REPORTS REQUIRED. ‘‘(a) REPORT ON CERTAIN INTERNATIONAL INITIATIVES.— Not later than 6 months after the date of the enact- ment of this Act [Aug. 5, 1996], and every 6 months thereafter, the President shall transmit a report to the appropriate congressional committees describing— ‘‘(1) the efforts of the President to mount a multi- lateral campaign to persuade all countries to pres- sure Iran to cease its nuclear, chemical, biological, and missile weapons programs and its support of acts of international terrorism; ‘‘(2) the efforts of the President to persuade other governments to ask Iran to reduce the presence of Iranian diplomats and representatives of other gov- ernment and military or quasi-governmental institu- tions of Iran and to withdraw any such diplomats or representatives who participated in the takeover of the United States embassy in Tehran on November 4, 1979, or the subsequent holding of United States hos- tages for 444 days; ‘‘(3) the extent to which the International Atomic Energy Agency has established regular inspections of all nuclear facilities in Iran, including those pres- ently under construction; and ‘‘(4) Iran’s use of Iranian diplomats and representa- tives of other government and military or quasi-gov- ernmental institutions of Iran to promote acts of international terrorism or to develop or sustain Iran’s nuclear, chemical, biological, and missile weapons programs. ‘‘(b) REPORT ON EFFECTIVENESS OF ACTIONS UNDER THIS ACT.—Not earlier than 24 months, and not later than 30 months, after the date of the enactment of the ILSA Extension Act of 2001 [Aug. 3, 2001], the President shall transmit to Congress a report that describes— ‘‘(1) the extent to which actions relating to trade taken pursuant to this Act— ‘‘(A) have been effective in achieving the objec- tives of section 3 and any other foreign policy or national security objectives of the United States with respect to Iran; and ‘‘(B) have affected humanitarian interests in Iran, the country in which the sanctioned person is lo- cated, or in other countries; and ‘‘(2) the impact of actions relating to trade taken pursuant to this Act on other national security, eco- nomic, and foreign policy interests of the United States, including relations with countries friendly to the United States, and on the United States econ- omy. The President may include in the report the Presi- dent’s recommendation on whether or not this Act should be terminated or modified. ‘‘(c) OTHER REPORTS.—The President shall ensure the continued transmittal to the Congress of reports de- scribing— ‘‘(1) the nuclear and other military capabilities of Iran, as required by section 601(a) of the Nuclear Non- Proliferation Act of 1978 [22 U.S.C. 3281(a)] and sec- tion 1607 of the National Defense Authorization Act for Fiscal Year 1993 [Pub. L. 102–484, set out below]; and ‘‘(2) the support provided by Iran for acts of inter- national terrorism, as part of the Department of State’s annual report on international terrorism. ‘‘(d) REPORTS ON GLOBAL TRADE RELATING TO IRAN.— Not later than 90 days after the date of the enactment of the Comprehensive Iran Sanctions, Accountability, and Divestment Act of 2010 [July 1, 2010], and annually thereafter, the President shall submit to the appro- priate congressional committees a report, with respect to the most recent 12-month period for which data are available, on the dollar value amount of trade, includ- ing in the energy sector, between Iran and each coun- try maintaining membership in the Group of 20 Finance Ministers and Central Bank Governors. ‘‘SEC. 11. DETERMINATIONS NOT REVIEWABLE. ‘‘A determination to impose sanctions under this Act shall not be reviewable in any court. ‘‘SEC. 12. EXCLUSION OF CERTAIN ACTIVITIES. ‘‘Nothing in this Act shall apply to any activities subject to the reporting requirements of title V of the National Security Act of 1947 [50 U.S.C. 3091 et seq.]. ‘‘SEC. 13. EFFECTIVE DATE; SUNSET. ‘‘(a) EFFECTIVE DATE.—This Act shall take effect on the date of the enactment of this Act [Aug. 5, 1996]. ‘‘(b) SUNSET.—This Act shall cease to be effective on December 31, 2026. ‘‘SEC. 14. DEFINITIONS. ‘‘As used in this Act: ‘‘(1) ACT OF INTERNATIONAL TERRORISM.—The term ‘act of international terrorism’ means an act— ‘‘(A) which is violent or dangerous to human life and that is a violation of the criminal laws of the United States or of any State or that would be a criminal violation if committed within the jurisdic- tion of the United States or any State; and ‘‘(B) which appears to be intended— ‘‘(i) to intimidate or coerce a civilian popu- lation; ‘‘(ii) to influence the policy of a government by intimidation or coercion; or ‘‘(iii) to affect the conduct of a government by assassination or kidnapping. ‘‘(2) APPROPRIATE CONGRESSIONAL COMMITTEES.—The term ‘appropriate congressional committees’ means the Committee on Finance, the Committee on Bank- ing, Housing, and Urban Affairs, and the Committee on Foreign Relations of the Senate and the Com- mittee on Ways and Means, the Committee on Finan- cial Services, and the Committee on Foreign Affairs of the House of Representatives. ‘‘(3) COMPONENT PART.—The term ‘component part’ has the meaning given that term in section 11A(e)(1) of the Export Administration Act of 1979 (50 U.S.C. App. 2410a(e)(1)) [now 50 U.S.C. 4611(e)(1)]. ‘‘(4) CREDIBLE INFORMATION.—The term ‘credible in- formation’, with respect to a person— ‘‘(A) includes— ‘‘(i) a public announcement by the person that the person has engaged in an activity described in subsection (a) or (b) of section 5; and ‘‘(ii) information set forth in a report to stock- holders of the person indicating that the person has engaged in such an activity; and ‘‘(B) may include, in the discretion of the Presi- dent— ‘‘(i) an announcement by the Government of Iran that the person has engaged in such an activ- ity; or ‘‘(ii) information indicating that the person has engaged in such an activity that is set forth in— ‘‘(I) a report of the Government Account- ability Office, the Energy Information Adminis- tration, or the Congressional Research Service; or ‘‘(II) a report or publication of a similarly reputable governmental organization or trade or industry organization. ‘‘(5) DEVELOP AND DEVELOPMENT.—To ‘develop’, or the ‘development’ of, petroleum resources means the exploration for, or the extraction, refining, or trans- portation by pipeline of, petroleum resources. Page 201 TITLE 50—WAR AND NATIONAL DEFENSE § 1701 ‘‘(6) FINANCIAL INSTITUTION.—The term ‘financial in- stitution’ includes— ‘‘(A) a depository institution (as defined in sec- tion 3(c)(1) of the Federal Deposit Insurance Act [12 U.S.C. 1813(c)(1)]), including a branch or agency of a foreign bank (as defined in section 1(b)(7) of the International Banking Act of 1978 [12 U.S.C. 3101(b)(7)]); ‘‘(B) a credit union; ‘‘(C) a securities firm, including a broker or deal- er; ‘‘(D) an insurance company, including an agency or underwriter; and ‘‘(E) any other company that provides financial services. ‘‘(7) FINISHED PRODUCT.—The term ‘finished prod- uct’ has the meaning given that term in section 11A(e)(2) of the Export Administration Act of 1979 (50 U.S.C. App. 2410a(e)(2)) [now 50 U.S.C. 4611(e)(2)]. ‘‘(8) FOREIGN PERSON.—The term ‘foreign person’ means— ‘‘(A) an individual who is not a United States per- son or an alien lawfully admitted for permanent residence into the United States; or ‘‘(B) a corporation, partnership, or other non- governmental entity which is not a United States person. ‘‘(9) GOODS AND TECHNOLOGY.—The terms ‘goods’ and ‘technology’ have the meanings given those terms in [former] section 16 of the Export Administration Act of 1979 (50 U.S.C. App. 2415) [former 50 U.S.C. 4618]. ‘‘(10) INVESTMENT.—The term ‘investment’ means any of the following activities if such activity is un- dertaken pursuant to an agreement, or pursuant to the exercise of rights under such an agreement, that is entered into with the Government of Iran or a non- governmental entity in Iran on or after the date of the enactment of this Act [Aug. 5, 1996]: ‘‘(A) The entry into a contract that includes re- sponsibility for the development of petroleum re- sources located in Iran, or the entry into a contract providing for the general supervision and guarantee of another person’s performance of such a contract. ‘‘(B) The purchase of a share of ownership, includ- ing an equity interest, in that development. ‘‘(C) The entry into a contract providing for the participation in royalties, earnings, or profits in that development, without regard to the form of the participation. For purposes of this paragraph, an amendment or other modification that is made, on or after June 13, 2001, to an agreement or contract shall be treated as the entry of an agreement or contract. ‘‘(11) IRAN.—The term ‘Iran’ includes any agency or instrumentality of Iran. ‘‘(12) IRANIAN DIPLOMATS AND REPRESENTATIVES OF OTHER GOVERNMENT AND MILITARY OR QUASI-GOVERN- MENTAL INSTITUTIONS OF IRAN.—The term ‘Iranian dip- lomats and representatives of other government and military or quasi-governmental institutions of Iran’ includes employees, representatives, or affiliates of Iran’s— ‘‘(A) Foreign Ministry; ‘‘(B) Ministry of Intelligence and Security; ‘‘(C) Revolutionary Guard Corps; ‘‘(D) Crusade for Reconstruction; ‘‘(E) Qods (Jerusalem) Forces; ‘‘(F) Interior Ministry; ‘‘(G) Foundation for the Oppressed and Disabled; ‘‘(H) Prophet’s Foundation; ‘‘(I) June 5th Foundation; ‘‘(J) Martyr’s Foundation; ‘‘(K) Islamic Propagation Organization; and ‘‘(L) Ministry of Islamic Guidance. ‘‘(13) KNOWINGLY.—The term ‘knowingly’, with re- spect to conduct, a circumstance, or a result, means that a person has actual knowledge, or should have known, of the conduct, the circumstance, or the re- sult. ‘‘(14) NUCLEAR EXPLOSIVE DEVICE.—The term ‘nu- clear explosive device’ means any device, whether as- sembled or disassembled, that is designed to produce an instantaneous release of an amount of nuclear en- ergy from special nuclear material (as defined in sec- tion 11(aa) of the Atomic Energy Act of 1954 [42 U.S.C. 2014(aa)]) that is greater than the amount of energy that would be released from the detonation of one pound of trinitrotoluene (TNT). ‘‘(15) PERSON.— ‘‘(A) IN GENERAL.—The term ‘person’ means— ‘‘(i) a natural person; ‘‘(ii) a corporation, business association, part- nership, society, trust, financial institution, in- surer, underwriter, guarantor, and any other busi- ness organization, any other nongovernmental entity, organization, or group, and any govern- mental entity operating as a business enterprise; and ‘‘(iii) any successor to any entity described in clause (ii). ‘‘(B) APPLICATION TO GOVERNMENTAL ENTITIES.— The term ‘person’ does not include a government or governmental entity that is not operating as a business enterprise. ‘‘(16) PETROCHEMICAL PRODUCT.—The term ‘petro- chemical product’ includes any aromatic, olefin, or synthesis gas, and any derivative of such a gas, in- cluding ethylene, propylene, butadiene, benzene, tol- uene, xylene, ammonia, methanol, and urea. ‘‘(17) PETROLEUM RESOURCES.—The term ‘petroleum resources’ includes petroleum, refined petroleum products, oil or liquefied natural gas, natural gas re- sources, oil or liquefied natural gas tankers, and products used to construct or maintain pipelines used to transport oil or liquefied natural gas. ‘‘(18) REFINED PETROLEUM PRODUCTS.—The term ‘re- fined petroleum products’ means diesel, gasoline, jet fuel (including naphtha-type and kerosene-type jet fuel), and aviation gasoline. ‘‘(19) SERVICES.—The term ‘services’ includes soft- ware, hardware, financial, professional consulting, engineering, and specialized energy information serv- ices, energy-related technical assistance, and mainte- nance and repairs. ‘‘(20) UNITED STATES OR STATE.—The term ‘United States’ or ‘State’ means the several States, the Dis- trict of Columbia, the Commonwealth of Puerto Rico, the Commonwealth of the Northern Mariana Islands, American Samoa, Guam, the United States Virgin Is- lands, and any other territory or possession of the United States. ‘‘(21) UNITED STATES PERSON.—The term ‘United States person’ means— ‘‘(A) a natural person who is a citizen of the United States or who owes permanent allegiance to the United States; and ‘‘(B) a corporation or other legal entity which is organized under the laws of the United States, any State or territory thereof, or the District of Colum- bia, if natural persons described in subparagraph (A) own, directly or indirectly, more than 50 per- cent of the outstanding capital stock or other bene- ficial interest in such legal entity.’’ [Pub. L. 112–158, title II, § 202(b), Aug. 10, 2012, 126 Stat. 1223, provided that: ‘‘Not later than 90 days after the date of the enactment of this Act [Aug. 10, 2012], the President shall prescribe such regulations or guide- lines as are necessary to implement paragraphs (7), (8), and (9) of section 5(a) of the Iran Sanctions Act of 1996 [Pub. L. 104–172, set out above], as added by this sec- tion, including such regulations or guidelines as are necessary to implement subparagraph (B) of such para- graph (8).’’] [Pub. L. 112–158, title II, § 204(b), Aug. 10, 2012, 126 Stat. 1226, provided that: ‘‘The amendments made by subsection (a) [amending section 6(a) of Pub. L. 104–172, set out above] shall take effect on the date of the en- actment of this Act [Aug. 10, 2012] and apply with re- spect to activities described in subsections (a) and (b) of section 5 of the Iran Sanctions Act of 1996 [Pub. L. 104–172, set out above], as amended by this title, com- menced on or after such date of enactment.’’] Page 202 TITLE 50—WAR AND NATIONAL DEFENSE § 1701 [Pub. L. 112–158, title II, § 207(b), Aug. 10, 2012, 126 Stat. 1227, provided that: ‘‘The amendments made by subsection (a) [amending section 14 of Pub. L. 104–172, set out above] shall take effect on the date of the en- actment of this Act [Aug. 10, 2012] and apply with re- spect to activities described in subsections (a) and (b) of section 5 of the Iran Sanctions Act of 1996 [Pub. L. 104–172, set out above], as amended by this title, com- menced on or after such date of enactment.’’] [Pub. L. 111–195, title I, § 102(h), July 1, 2010, 124 Stat. 1325, provided that: [‘‘(1) IN GENERAL.—The amendments made by this sec- tion [amending Pub. L. 104–172, set out above] shall— [‘‘(A) take effect on the date of the enactment of this Act [July 1, 2010]; and [‘‘(B) except as provided in this subsection or sec- tion 6(b)(7) of the Iran Sanctions Act of 1996 [Pub. L. 104–172, set out above], as amended by subsection (b) of this section, apply with respect to an investment or activity described in subsection (a) or (b) of sec- tion 5 of the Iran Sanctions Act of 1996, as amended by this section, that is commenced on or after such date of enactment. [‘‘(2) APPLICABILITY TO ONGOING INVESTMENTS PROHIB- ITED UNDER PRIOR LAW.—A person that makes an invest- ment described in section 5(a) of the Iran Sanctions Act of 1996, as in effect on the day before the date of the en- actment of this Act, that is commenced before such date of enactment and continues on or after such date of enactment, shall, except as provided in paragraph (4), be subject to the provisions of the Iran Sanctions Act of 1996, as in effect on the day before such date of enactment. [‘‘(3) APPLICABILITY TO ONGOING ACTIVITIES RELATING TO CHEMICAL, BIOLOGICAL, OR NUCLEAR WEAPONS OR RE- LATED TECHNOLOGIES.—A person that, before the date of the enactment of this Act, commenced an activity de- scribed in section 5(b) of the Iran Sanctions Act of 1996, as in effect on the day before such date of enactment, and continues the activity on or after such date of en- actment, shall be subject to the provisions of the Iran Sanctions Act of 1996, as amended by this Act. [‘‘(4) APPLICABILITY OF MANDATORY INVESTIGATIONS TO INVESTMENTS.—The amendments made by subsection (g)(5) of this section [amending section 4 of Pub. L. 104–172, set out above] shall apply on and after the date of the enactment of this Act— [‘‘(A) with respect to an investment described in section 5(a)(1) of the Iran Sanctions Act of 1996, as amended by subsection (a) of this section, that is commenced on or after such date of enactment; and [‘‘(B) with respect to an investment described in section 5(a) of the Iran Sanctions Act of 1996, as in ef- fect on the day before the date of the enactment of this Act, that is commenced before such date of en- actment and continues on or after such date of enact- ment. [‘‘(5) APPLICABILITY OF MANDATORY INVESTIGATIONS TO ACTIVITIES RELATING TO PETROLEUM.— [‘‘(A) IN GENERAL.—Except as provided in subpara- graph (B), the amendments made by subsection (g)(5) of this section shall apply on and after the date that is 1 year after the date of the enactment of this Act with respect to an activity described in paragraph (2) or (3) of section 5(a) of the Iran Sanctions Act of 1996, as amended by subsection (a) of this section, that is commenced on or after the date that is 1 year after the date of the enactment of this Act or the date on which the President fails to submit a certification that is required under subparagraph (B) (whichever is applicable). [‘‘(B) SPECIAL RULE FOR DELAY OF EFFECTIVE DATE.— [‘‘(i) REPORTING REQUIREMENT.—Not later than 30 days before the date that is 1 year after the date of the enactment of this Act, the President shall sub- mit to the appropriate congressional committees a report describing— [‘‘(I) the diplomatic and other efforts of the President— [‘‘(aa) to dissuade foreign persons from engag- ing in activities described in paragraph (2) or (3) of section 5(a) of the Iran Sanctions Act of 1996, as amended by subsection (a) of this section; and [‘‘(bb) to encourage other governments to dis- suade persons over which those governments have jurisdiction from engaging in such activi- ties; [‘‘(II) the successes and failures of the efforts described in subclause (I); and [‘‘(III) each investigation under section 4(e) of the Iran Sanctions Act of 1996, as amended by subsection (g)(5) of this section and as in effect pursuant to subparagraph (C) of this paragraph, or any other review of an activity described in paragraph (2) or (3) of section 5(a) of the Iran Sanctions Act of 1996, as amended by subsection (a) of this section, that is initiated or ongoing during the period beginning on the date of the en- actment of this Act and ending on the date on which the President is required to submit the re- port. [‘‘(ii) CERTIFICATION.—If the President submits to the appropriate congressional committees, with the report required by clause (i), a certification that there was a substantial reduction in activities de- scribed in paragraphs (2) and (3) of section 5(a) of the Iran Sanctions Act of 1996, as amended by sub- section (a) of this section, during the period de- scribed in clause (i)(III), the effective date provided for in subparagraph (A) shall be delayed for a 180- day period beginning after the date provided for in that subparagraph. [‘‘(iii) SUBSEQUENT REPORTS AND DELAYS.—The ef- fective date provided for in subparagraph (A) shall be delayed for additional 180-day periods occurring after the end of the 180-day period provided for under clause (ii), if, not later than 30 days before the 180-day period preceding such additional 180-day period expires, the President submits to the appro- priate congressional committees— [‘‘(I) a report containing the matters required in the report under clause (i) for the period begin- ning on the date on which the preceding report was required to be submitted under clause (i) or this clause (as the case may be) and ending on the date on which the President is required to submit the most recent report under this clause; and [‘‘(II) a certification that, during the period de- scribed in subclause (I), there was (as compared to the period for which the preceding report was sub- mitted under this subparagraph) a progressive re- duction in activities described in paragraphs (2) and (3) of section 5(a) of the Iran Sanctions Act of 1996, as amended by subsection (a) of this section. [‘‘(iv) CONSEQUENCE OF FAILURE TO CERTIFY.—If the President does not make a certification at a time required by this subparagraph— [‘‘(I) the amendments made by subsection (g)(5) of this section shall apply on and after the date on which the certification was required to be sub- mitted by this subparagraph, with respect to an activity described in paragraph (2) or (3) of sec- tion 5(a) of the Iran Sanctions Act of 1996, as amended by subsection (a) of this section, that— [‘‘(aa) is referenced in the most recent report required to be submitted under this subpara- graph; or [‘‘(bb) is commenced on or after the date on which such most recent report is required to be submitted; and [‘‘(II) not later than 45 days after the date on which the certification was required to be sub- mitted by this subparagraph, the President shall make a determination under paragraph (2) or (3) of section 5(a) of the Iran Sanctions Act of 1996 (as the case may be), as amended by subsection (a) of this section, with respect to relevant activi- ties described in subclause (I)(aa). [‘‘(C) APPLICABILITY OF PERMISSIVE INVESTIGA- TIONS.—During the 1-year period beginning on the Page 203 TITLE 50—WAR AND NATIONAL DEFENSE § 1701 date of the enactment of this Act and during any 180- day period during which the effective date provided for in subparagraph (A) is delayed pursuant to sub- paragraph (B), section 4(e) of the Iran Sanctions Act of 1996, as amended by subsection (g)(5) of this sec- tion, shall be applied, with respect to an activity de- scribed in paragraph (2) or (3) of section 5(a) of the Iran Sanctions Act of 1996, as amended by subsection (a) of this section, by substituting ‘should’ for ‘shall’ each place it appears. [‘‘(6) WAIVER AUTHORITY.—The amendments made by subsection (c) [amending section 9 of Pub. L. 104–172, set out above] shall not be construed to affect any exer- cise of the authority under section 9(c) of the Iran Sanctions Act of 1996, as in effect on the day before the date of the enactment of this Act.’’] [For definition of ‘‘appropriate congressional com- mittees’’ as used in section 102(h) of Pub. L. 111–195, set out above, see section 8511 of Title 22, Foreign Rela- tions and Intercourse.] [Functions of President under section 102(h)(5) of Pub. L. 111–195, set out above, delegated to Secretary of State by Memorandum of President of the United States, Sept. 23, 2010, 75 F.R. 67025, set out as a note under section 8501 of Title 22, Foreign Relations and Intercourse.] [Pub. L. 109–293, title II, § 202(c), Sept. 30, 2006, 120 Stat. 1346, provided that: ‘‘The amendments made by this section [amending section 5 of Pub. L. 104–172, set out above] shall apply with respect to actions taken on or after June 6, 2006.’’] [Pub. L. 109–293, title II, § 205(g)(2), Sept. 30, 2006, 120 Stat. 1347, provided that: ‘‘Any reference in any other provision of law, regulation, document, or other record of the United States to the ‘Iran and Libya Sanctions Act of 1996’ shall be deemed to be a reference to the ‘Iran Sanctions Act of 1996’ [Pub. L. 104–172, set out above].’’] [Pub. L. 107–24, § 2(b), Aug. 3, 2001, 115 Stat. 199, pro- vided that: ‘‘The amendments made by subsection (a) [amending section 5 of Pub. L. 104–172, set out above] shall apply to investments made on or after June 13, 2001.’’] [For delegation of certain functions of President under sections 4, 5, 6, 9, and 10 of Pub. L. 104–172, set out above, see Memorandum of President of the United States, Sept. 23, 2010, 75 F.R. 67025, set out as a note under section 8501 of Title 22, Foreign Relations and Intercourse.] [Memorandum of President of the United States, Nov. 21, 1996, 61 F.R. 64249, delegated to the Secretary of State, in consultation with the Departments of the Treasury and Commerce and the United States Trade Representative, and with the Export-Import Bank and Federal Reserve Board and other interested agencies as appropriate functions vested in the President by sec- tion 4(c), former section 5(a), section 5(b), (c), (f), former section 6(1), (2) (now section 6(a)(1), (2)), and sec- tion 9(c) of Pub. L. 104–172, set out above, delegated to the Secretary of State functions vested in the Presi- dent by section 4(a), (b), former section 4(d), (e) (now (d)), and sections 5(d), (e), 9(a), (b), and 10 of Pub. L. 104–172, provided that any reference to provisions of any Act related to the subject of the memorandum be deemed to include references to any subsequent provi- sion of law that is the same or substantially the same as such provisions, and provided that only the func- tions vested in the President by section 4(a), (b), former section 4(d), (e) (now (d)), and sections 5(d), (e) and 10 of Pub. L. 104–172 and delegated by the memorandum could be redelegated.] DETERMINATION AND CERTIFICATION UNDER SECTION 8(b) OF THE IRAN AND LIBYA SANCTIONS ACT Determination of President of the United States, No. 2004–30, Apr. 23, 2004, 69 F.R. 24907, provided: Memorandum for the Secretary of State Pursuant to section 8(b) of the Iran and Libya Sanc- tions Act of 1996 [now Iran Sanctions Act of 1996] (Pub- lic Law 104–172; 50 U.S.C. 1701 note), as amended (Public Law 107–24), I hereby determine and certify that Libya has fulfilled the requirements of United Nations Secu- rity Council Resolution 731, adopted January 21, 1992, United Nations Security Council Resolution 748, adopt- ed March 31, 1992, and United Nations Security Council Resolution 883, adopted November 11, 1993. You are authorized and directed to transmit this de- termination and certification to the appropriate con- gressional committees and to arrange for its publica- tion in the Federal Register. GEORGE W. BUSH. SANCTIONS AGAINST SERBIA AND MONTENEGRO Pub. L. 106–113, div. B, § 1000(a)(2) [title V, § 599], Nov. 29, 1999, 113 Stat. 1535, 1501A–127, provided that: ‘‘(a) CONTINUATION OF EXECUTIVE BRANCH SANC- TIONS.—The sanctions listed in subsection (b) shall re- main in effect for fiscal year 2000, unless the President submits to the Committees on Appropriations and For- eign Relations in the Senate and the Committees on Appropriations and International Relations [now For- eign Affairs] of the House of Representatives a certifi- cation described in subsection (c). ‘‘(b) APPLICABLE SANCTIONS.— ‘‘(1) The Secretary of the Treasury shall instruct the United States executive directors of the inter- national financial institutions to work in opposition to, and vote against, any extension by such institu- tions of any financial or technical assistance or grants of any kind to the government of Serbia. ‘‘(2) The Secretary of State should instruct the United States Ambassador to the Organization for Security and Cooperation in Europe (OSCE) to block any consensus to allow the participation of Serbia in the OSCE or any organization affiliated with the OSCE. ‘‘(3) The Secretary of State should instruct the United States Representative to the United Nations to vote against any resolution in the United Nations Security Council to admit Serbia to the United Na- tions or any organization affiliated with the United Nations, to veto any resolution to allow Serbia to as- sume the United Nations’ membership of the former Socialist Federal Republic of Yugoslavia, and to take action to prevent Serbia from assuming the seat for- merly occupied by the Socialist Federal Republic of Yugoslavia. ‘‘(4) The Secretary of State should instruct the United States Permanent Representative on the Council of the North Atlantic Treaty Organization to oppose the extension of the Partnership for Peace program or any other organization affiliated with NATO to Serbia. ‘‘(5) The Secretary of State should instruct the United States Representatives to the Southeast Eu- ropean Cooperative Initiative (SECI) to oppose and to work to prevent the extension of SECI membership to Serbia. ‘‘(c) CERTIFICATION.—A certification described in this subsection is a certification that— ‘‘(1) the representatives of the successor states to the Socialist Federal Republic of Yugoslavia have successfully negotiated the division of assets and li- abilities and all other succession issues following the dissolution of the Socialist Federal Republic of Yugo- slavia; ‘‘(2) the Government of Serbia is fully complying with its obligations as a signatory to the General Framework Agreement for Peace in Bosnia and Herzegovina; ‘‘(3) the Government of Serbia is fully cooperating with and providing unrestricted access to the Inter- national Criminal Tribunal for the former Yugo- slavia, including surrendering persons indicted for war crimes who are within the jurisdiction of the ter- ritory of Serbia, and with the investigations con- cerning the commission of war crimes and crimes against humanity in Kosova; ‘‘(4) the Government of Serbia is implementing in- ternal democratic reforms; and Page 204 TITLE 50—WAR AND NATIONAL DEFENSE § 1701 ‘‘(5) Serbian federal governmental officials, and rep- resentatives of the ethnic Albanian community in Kosova have agreed on, signed, and begun implemen- tation of a negotiated settlement on the future status of Kosova. ‘‘(d) STATEMENT OF POLICY.—It is the sense of the Congress that the United States should not restore full diplomatic relations with Serbia until the President submits to the Committees on Appropriations and For- eign Relations in the Senate and the Committees on Appropriations and International Relations [now For- eign Affairs] in the House of Representatives the cer- tification described in subsection (c). ‘‘(e) EXEMPTION OF MONTENEGRO AND KOSOVA.—The sanctions described in subsection (b) shall not apply to Montenegro or Kosova. ‘‘(f) DEFINITION.—The term ‘international financial institution’ includes the International Monetary Fund, the International Bank for Reconstruction and Devel- opment, the International Development Association, the International Finance Corporation, the Multilat- eral Investment Guaranty Agency, and the European Bank for Reconstruction and Development. ‘‘(g) WAIVER AUTHORITY.—The President may waive the application in whole or in part, of any sanction de- scribed in subsection (b) if the President certifies to the Congress that the President has determined that the waiver is necessary to meet emergency humani- tarian needs.’’ Pub. L. 105–277, div. A, § 101(d) [title V, § 539], Oct. 21, 1998, 112 Stat. 2681–150, 2681–182, provided that: ‘‘(a) RESTRICTIONS.—None of the funds in this or any other Act may be made available to modify or remove any sanction, prohibition or requirement with respect to Serbia-Montenegro unless the President first sub- mits to the Congress a certification described in sub- section (c). ‘‘(b) INTERNATIONAL FINANCIAL INSTITUTIONS.—The Secretary of the Treasury shall instruct the United States executive directors of the international finan- cial institutions to work in opposition to, and vote against, any extension by such institutions of any fi- nancial or technical assistance or grants of any kind to the government of Serbia-Montenegro, unless the President first submits to the Congress a certification described in subsection (c). ‘‘(c) CERTIFICATION.—A certification described in this subsection is a certification that— ‘‘(1) there is substantial improvement in the human rights situation in Kosova; ‘‘(2) international human rights observers are al- lowed to return to Kosova; ‘‘(3) Serbian, Serbian-Montenegrin federal govern- ment officials, and representatives of the ethnic Al- banian community in Kosova have agreed on and begun implementation of a negotiated settlement on the future status of Kosova; and ‘‘(4) the government of Serbia-Montenegro is fully complying with its obligations as a signatory to the General Framework Agreement for Peace in Bosnia- Herzegovina including fully cooperating with the International Criminal Tribunal for the Former Yugoslavia. ‘‘(d) WAIVER AUTHORITY.—The President may waive the application, in whole or in part, of subsections (a) and (b) if he certifies in writing to the Congress that the waiver is necessary to meet emergency humani- tarian needs or to advance negotiations toward a peace- ful settlement of the conflict in Kosova that is accept- able to the parties. ‘‘(e) EXEMPTION FOR MONTENEGRO.—This section shall not apply to Montenegro.’’ [For delegation of functions of President under sec- tion 101(d) [title V, § 539] of div. A of Pub. L. 105–277, set out above, see Ex. Ord. No. 12163, Sept. 29, 1979, 44 F.R. 56673, as amended, set out as a note under section 2381 of Title 22, Foreign Relations and Intercourse.] Similar provisions were contained in the following prior appropriation acts: Pub. L. 104–208, div. A, title I, § 101(c) [title V, § 540], Sept. 30, 1996, 110 Stat. 3009–121, 3009–155. Pub. L. 104–107, title V, § 540A(a)–(c), Feb. 12, 1996, 110 Stat. 737. Pub. L. 103–160, div. A, title XV, § 1511, Nov. 30, 1993, 107 Stat. 1839, provided that: ‘‘(a) CODIFICATION OF EXECUTIVE BRANCH SANCTIONS.— The sanctions imposed on Serbia and Montenegro, as in effect on the date of the enactment of this Act [Nov. 30, 1993], that were imposed by or pursuant to the fol- lowing directives of the executive branch shall (except as provided under subsections (d) and (e)) remain in ef- fect until changed by law: ‘‘(1) Executive Order 12808 of May 30, 1992 [listed in a table below], as continued in effect on May 25, 1993. ‘‘(2) Executive Order 12810 of June 5, 1992 [listed in a table below]. ‘‘(3) Executive Order 12831 of January 15, 1993 [listed in a table below]. ‘‘(4) Executive Order 12846 of April 25, 1993 [listed in a table below]. ‘‘(5) Department of State Public Notice 1427, effec- tive July 11, 1991. ‘‘(6) Proclamation 6389 of December 5, 1991 (56 Fed. Register 64467). ‘‘(7) Department of Transportation Order 92–5–38 of May 20, 1992. ‘‘(8) Federal Aviation Administration action of June 19, 1992 (14 C.F.R. Part 91). ‘‘(b) PROHIBITION ON ASSISTANCE.—No funds appro- priated or otherwise made available by law may be ob- ligated or expended on behalf of the government of Ser- bia or the government of Montenegro. ‘‘(c) INTERNATIONAL FINANCIAL INSTITUTIONS.—The Secretary of the Treasury shall instruct the United States executive director of each international finan- cial institution to use the voice and vote of the United States to oppose any assistance from that institution to the government of Serbia or the government of Mon- tenegro, except for basic human needs. ‘‘(d) EXCEPTION.—Notwithstanding any other provi- sion of law, the President is authorized and encouraged to exempt from sanctions imposed against Serbia and Montenegro that are described in subsection (a) those United States-supported programs, projects, or activi- ties that involve reform of the electoral process, the development of democratic institutions or democratic political parties, or humanitarian assistance (including refugee care and human rights observation). ‘‘(e) WAIVER AUTHORITY.—(1) The President may waive or modify the application, in whole or in part, of any sanction described in subsection (a), the prohibi- tion in subsection (b), or the requirement in subsection (c). ‘‘(2) Such a waiver or modification may only be effec- tive upon certification by the President to Congress that the President has determined that the waiver or modification is necessary (A) to meet emergency hu- manitarian needs, or (B) to achieve a negotiated settle- ment of the conflict in Bosnia-Herzegovina that is ac- ceptable to the parties.’’ PRESIDENTIAL CERTIFICATIONS TO SUSPEND SANCTIONS IMPOSED ON THE GOVERNMENT OF SERBIA AND THE GOV- ERNMENT OF MONTENEGRO Provisions suspending sanctions imposed on the gov- ernments of Serbia and Montenegro pursuant to section 1511 of Pub. L. 103–160, set out above, were contained in the following: Determination of President of the United States, No. 01–7, Dec. 19, 2000, 66 F.R. 1013. Determination of President of the United States, No. 99–14, Feb. 16, 1999, 64 F.R. 9263. Determination of President of the United States, No. 97–26, May 30, 1997, 62 F.R. 32015. Determination of President of the United States, No. 96–7, Dec. 27, 1995, 61 F.R. 2887. IRAN-IRAQ ARMS NON-PROLIFERATION Pub. L. 102–484, div. A, title XVI, Oct. 23, 1992, 106 Stat. 2571, as amended by Pub. L. 104–106, div. A, title Page 205 TITLE 50—WAR AND NATIONAL DEFENSE § 1701 XIV, § 1408(a)–(c), Feb. 10, 1996, 110 Stat. 494; Pub. L. 107–228, div. B, title XIII, § 1308(g)(1)(C), Sept. 30, 2002, 116 Stat. 1441, provided that: ‘‘SEC. 1601. SHORT TITLE. ‘‘This title may be cited as the ‘Iran-Iraq Arms Non- Proliferation Act of 1992’. ‘‘SEC. 1602. UNITED STATES POLICY. ‘‘(a) IN GENERAL.—It shall be the policy of the United States to oppose, and urgently to seek the agreement of other nations also to oppose, any transfer to Iran or Iraq of any goods or technology, including dual-use goods or technology, wherever that transfer could ma- terially contribute to either country’s acquiring chem- ical, biological, nuclear, or destabilizing numbers and types of advanced conventional weapons. ‘‘(b) SANCTIONS.—(1) In the furtherance of this policy, the President shall apply sanctions and controls with respect to Iran, Iraq, and those nations and persons who assist them in acquiring weapons of mass destruc- tion in accordance with the Foreign Assistance Act of 1961 [22 U.S.C. 2151 et seq.], the Nuclear Non-Prolifera- tion Act of 1978 [22 U.S.C. 3201 et seq.], the Chemical and Biological Weapons Control and Warfare Elimi- nation Act of 1991 [22 U.S.C. 5601 et seq.], chapter 7 of the Arms Export Control Act [22 U.S.C. 2797 et seq.], and other relevant statutes, regarding the non-pro- liferation of weapons of mass destruction and the means of their delivery. ‘‘(2) The President should also urgently seek the agreement of other nations to adopt and institute, at the earliest practicable date, sanctions and controls comparable to those the United States is obligated to apply under this subsection. ‘‘(c) PUBLIC IDENTIFICATION.—The Congress calls on the President to identify publicly (in the report re- quired by section 1607) any country or person that transfers goods or technology to Iran or Iraq contrary to the policy set forth in subsection (a). ‘‘SEC. 1603. APPLICATION TO IRAN OF CERTAIN IRAQ SANCTIONS. ‘‘The sanctions against Iraq specified in paragraphs (1) through (4) of section 586G(a) of the Iraq Sanctions Act of 1990 (as contained in Public Law 101–513) [set out below], including denial of export licenses for United States persons and prohibitions on United States Gov- ernment sales, shall be applied to the same extent and in the same manner with respect to Iran. ‘‘SEC. 1604. SANCTIONS AGAINST CERTAIN PER- SONS. ‘‘(a) PROHIBITION.—If any person transfers or retrans- fers goods or technology so as to contribute knowingly and materially to the efforts by Iran or Iraq (or any agency or instrumentality of either such country) to acquire chemical, biological, or nuclear weapons or to acquire destabilizing numbers and types of advanced conventional weapons, then the sanctions described in subsection (b) shall be imposed. ‘‘(b) MANDATORY SANCTIONS.—The sanctions to be im- posed pursuant to subsection (a) are as follows: ‘‘(1) PROCUREMENT SANCTION.—For a period of two years, the United States Government shall not pro- cure, or enter into any contract for the procurement of, any goods or services from the sanctioned person. ‘‘(2) EXPORT SANCTION.—For a period of two years, the United States Government shall not issue any li- cense for any export by or to the sanctioned person. ‘‘SEC. 1605. SANCTIONS AGAINST CERTAIN FOR- EIGN COUNTRIES. ‘‘(a) PROHIBITION.—If the President determines that the government of any foreign country transfers or re- transfers goods or technology so as to contribute know- ingly and materially to the efforts by Iran or Iraq (or any agency or instrumentality of either such country) to acquire chemical, biological, or nuclear weapons or to acquire destabilizing numbers and types of advanced conventional weapons, then— ‘‘(1) the sanctions described in subsection (b) shall be imposed on such country; and ‘‘(2) in addition, the President may apply, in the discretion of the President, the sanction described in subsection (c). ‘‘(b) MANDATORY SANCTIONS.—Except as provided in paragraph (2), the sanctions to be imposed pursuant to subsection (a)(1) are as follows: ‘‘(1) SUSPENSION OF UNITED STATES ASSISTANCE.—The United States Government shall suspend, for a period of one year, United States assistance to the sanc- tioned country. ‘‘(2) MULTILATERAL DEVELOPMENT BANK ASSIST- ANCE.—The Secretary of the Treasury shall instruct the United States Executive Director to each appro- priate international financial institution to oppose, and vote against, for a period of one year, the exten- sion by such institution of any loan or financial or technical assistance to the sanctioned country. ‘‘(3) SUSPENSION OF CODEVELOPMENT OR COPRODUC- TION AGREEMENTS.—The United States shall suspend, for a period of one year, compliance with its obliga- tions under any memorandum of understanding with the sanctioned country for the codevelopment or co- production of any item on the United States Muni- tions List (established under section 38 of the Arms Export Control Act [22 U.S.C. 2778]), including any ob- ligation for implementation of the memorandum of understanding through the sale to the sanctioned country of technical data or assistance or the licens- ing for export to the sanctioned country of any com- ponent part. ‘‘(4) SUSPENSION OF MILITARY AND DUAL-USE TECH- NICAL EXCHANGE AGREEMENTS.—The United States shall suspend, for a period of one year, compliance with its obligations under any technical exchange agreement involving military and dual-use tech- nology between the United States and the sanctioned country that does not directly contribute to the secu- rity of the United States, and no military or dual-use technology may be exported from the United States to the sanctioned country pursuant to that agree- ment during that period. ‘‘(5) UNITED STATES MUNITIONS LIST.—No item on the United States Munitions List (established pursuant to section 38 of the Arms Export Control Act) may be exported to the sanctioned country for a period of one year. ‘‘(c) DISCRETIONARY SANCTION.—The sanction referred to in subsection (a)(2) is as follows: ‘‘(1) USE OF AUTHORITIES OF INTERNATIONAL EMER- GENCY ECONOMIC POWERS ACT.—Except as provided in paragraph (2), the President may exercise, in accord- ance with the provisions of that Act [50 U.S.C. 1701 et seq.], the authorities of the International Emergency Economic Powers Act with respect to the sanctioned country. ‘‘(2) EXCEPTION.—Paragraph (1) does not apply with respect to urgent humanitarian assistance. ‘‘SEC. 1606. WAIVER. ‘‘The President may waive the requirement to impose a sanction described in section 1603, in the case of Iran, or a sanction described in section 1604(b) or 1605(b), in the case of Iraq and Iran, 15 days after the President determines and so reports to the Committees on Armed Services and Foreign Relations of the Senate and the Committees on Armed Services and Foreign Affairs of the House of Representatives that it is essential to the national interest of the United States to exercise such waiver authority. Any such report shall provide a spe- cific and detailed rationale for such determination. ‘‘SEC. 1607. REPORTING REQUIREMENT. ‘‘[(a) Repealed. Pub. L. 107–228, div. B, title XIII, § 1308(g)(1)(C), Sept. 30, 2002, 116 Stat. 1441.] ‘‘(b) REPORT ON INDIVIDUAL TRANSFERS.—Whenever the President determines that a person or foreign gov- ernment has made a transfer which is subject to any sanction under this title, the President shall, within 30 days after such transfer, submit to the Committees on Armed Services and Foreign Relations of the Senate and the Committees on Armed Services and Foreign Af- fairs of the House of Representatives a report— Page 206 TITLE 50—WAR AND NATIONAL DEFENSE § 1701 ‘‘(1) identifying the person or government and pro- viding the details of the transfer; and ‘‘(2) describing the actions the President intends to undertake or has undertaken under the provisions of this title with respect to each such transfer. ‘‘(c) FORM OF TRANSMITTAL.—Reports required by this section may be submitted in classified as well as in un- classified form. ‘‘SEC. 1608. DEFINITIONS. ‘‘For purposes of this title: ‘‘(1) The term ‘advanced conventional weapons’ in- cludes— ‘‘(A) such long-range precision-guided munitions, fuel air explosives, cruise missiles, low observ- ability aircraft, other radar evading aircraft, ad- vanced military aircraft, military satellites, elec- tromagnetic weapons, and laser weapons as the President determines destabilize the military bal- ance or enhance offensive capabilities in desta- bilizing ways; ‘‘(B) such advanced command, control, and com- munications systems, electronic warfare systems, or intelligence collection systems as the President determines destabilize the military balance or en- hance offensive capabilities in destabilizing ways; and ‘‘(C) such other items or systems as the President may, by regulation, determine necessary for pur- poses of this title. ‘‘(2) The term ‘cruise missile’ means guided missiles that use aerodynamic lift to offset gravity and pro- pulsion to counteract drag. ‘‘(3) The term ‘goods or technology’ means— ‘‘(A) any article, natural or manmade substance, material, supply, or manufactured product, includ- ing inspection and test equipment; and ‘‘(B) any information and know-how (whether in tangible form, such as models, prototypes, draw- ings, sketches, diagrams, blueprints, or manuals, or in intangible form, such as training or technical services) that can be used to design, produce, manu- facture, utilize, or reconstruct goods, including computer software and technical data. ‘‘(4) The term ‘person’ means any United States or foreign individual, partnership, corporation, or other form of association, or any of their successor entities, parents, or subsidiaries. ‘‘(5) The term ‘sanctioned country’ means a country against which sanctions are required to be imposed pursuant to section 1605. ‘‘(6) The term ‘sanctioned person’ means a person that makes a transfer described in section 1604(a). ‘‘(7) The term ‘United States assistance’ means— ‘‘(A) any assistance under the Foreign Assistance Act of 1961 (22 U.S.C. 2151 et seq.), other than urgent humanitarian assistance or medicine; ‘‘(B) sales and assistance under the Arms Export Control Act [22 U.S.C. 2751 et seq.]; ‘‘(C) financing by the Commodity Credit Corpora- tion for export sales of agricultural commodities; and ‘‘(D) financing under the Export-Import Bank Act [of 1945] [22 U.S.C. 635 et seq.].’’ [Memorandum of President of the United States, Sept. 27, 1994, 59 F.R. 50685, delegated to Secretary of State, in consultation with heads of other departments and agencies, all functions vested in President under title XVI of Pub. L. 102–484, set out above, without limi- tation of authority of other officials to exercise powers heretofore or hereafter delegated to them to implement sanctions imposed or actions directed by the Secretary pursuant to this delegation of authority.] PAYMENT OF CLAIMS BY UNITED STATES NATIONALS AGAINST IRAQ Pub. L. 101–519, § 131, Nov. 5, 1990, 104 Stat. 2249, which authorized President to vest title in a portion of prop- erty in which transactions were blocked pursuant to Executive Order 12722, listed in a table below, in order to satisfy obligations owed to United States Govern- ment and United States nationals for which Iraq had suspended repayment, was repealed by Pub. L. 102–27, title IV, § 402(a), Apr. 10, 1991, 105 Stat. 155, as amended by Pub. L. 102–136, § 126, Oct. 25, 1991, 105 Stat. 643, effec- tive Nov. 5, 1990. IRAQ SANCTIONS Pub. L. 101–513, title V, §§ 586–586J, Nov. 5, 1990, 104 Stat. 2047–2054, provided that: ‘‘SEC. 586. SHORT TITLE. ‘‘Sections 586 through 586J of this Act may be cited as the ‘Iraq Sanctions Act of 1990’. ‘‘SEC. 586A. DECLARATIONS REGARDING IRAQ’S IN- VASION OF KUWAIT. ‘‘The Congress— ‘‘(1) condemns Iraq’s invasion of Kuwait on August 2, 1990; ‘‘(2) supports the actions that have been taken by the President in response to that invasion; ‘‘(3) calls for the immediate and unconditional withdrawal of Iraqi forces from Kuwait; ‘‘(4) supports the efforts of the United Nations Se- curity Council to end this violation of international law and threat to international peace; ‘‘(5) supports the imposition and enforcement of multilateral sanctions against Iraq; ‘‘(6) calls on United States allies and other coun- tries to support fully the efforts of the United Na- tions Security Council, and to take other appropriate actions, to bring about an end to Iraq’s occupation of Kuwait; and ‘‘(7) condemns the brutal occupation of Kuwait by Iraq and its gross violations of internationally recog- nized human rights in Kuwait, including widespread arrests, torture, summary executions, and mass extrajudicial killings. ‘‘SEC. 586B. CONSULTATIONS WITH CONGRESS. ‘‘The President shall keep the Congress fully in- formed, and shall consult with the Congress, with re- spect to current and anticipated events regarding the international crisis caused by Iraq’s invasion of Ku- wait, including with respect to United States actions. ‘‘SEC. 586C. TRADE EMBARGO AGAINST IRAQ. ‘‘(a) CONTINUATION OF EMBARGO.—Except as otherwise provided in this section, the President shall continue to impose the trade embargo and other economic sanc- tions with respect to Iraq and Kuwait that the United States is imposing, in response to Iraq’s invasion of Ku- wait, pursuant to Executive Orders Numbered 12724 and 12725 [listed in a table below] (August 9, 1990) and, to the extent they are still in effect, Executive Orders Numbered 12722 and 12723 [listed in a table below] (Au- gust 2, 1990). Notwithstanding any other provision of law, no funds, credits, guarantees, or insurance appro- priated or otherwise made available by this or any other Act for fiscal year 1991 or any fiscal year there- after shall be used to support or administer any finan- cial or commercial operation of any United States Gov- ernment department, agency, or other entity, or of any person subject to the jurisdiction of the United States, for the benefit of the Government of Iraq, its agencies or instrumentalities, or any person working on behalf of the Government of Iraq, contrary to the trade em- bargo and other economic sanctions imposed in accord- ance with this section. ‘‘(b) HUMANITARIAN ASSISTANCE.—To the extent that transactions involving foodstuffs or payments for food- stuffs are exempted ‘in humanitarian circumstances’ from the prohibitions established by the United States pursuant to United Nations Security Council Resolu- tion 661 (1990), those exemptions shall be limited to foodstuffs that are to be provided consistent with United Nations Security Council Resolution 666 (1990) and other relevant Security Council resolutions. ‘‘(c) NOTICE TO CONGRESS OF EXCEPTIONS TO AND TER- MINATION OF SANCTIONS.— Page 207 TITLE 50—WAR AND NATIONAL DEFENSE § 1701 ‘‘(1) NOTICE OF REGULATIONS.—Any regulations issued after the date of enactment of this Act [Nov. 5, 1990] with respect to the economic sanctions im- posed with respect to Iraq and Kuwait by the United States under Executive Orders Numbered 12722 and 12723 (August 2, 1990) and Executive Orders Numbered 12724 and 12725 (August 9, 1990) shall be submitted to the Congress before those regulations take effect. ‘‘(2) NOTICE OF TERMINATION OF SANCTIONS.—The President shall notify the Congress at least 15 days before the termination, in whole or in part, of any sanction imposed with respect to Iraq or Kuwait pur- suant to those Executive orders. ‘‘(d) RELATION TO OTHER LAWS.— ‘‘(1) SANCTIONS LEGISLATION.—The sanctions that are described in subsection (a) are in addition to, and not in lieu of the sanctions provided for in section 586G of this Act or any other provision of law. ‘‘(2) NATIONAL EMERGENCIES AND UNITED NATIONS LEGISLATION.—Nothing in this section supersedes any provision of the National Emergencies Act [50 U.S.C. 1601 et seq.] or any authority of the President under the International Emergency Economic Powers Act [50 U.S.C. 1701 et seq.] or section 5(a) of the United Nations Participation Act of 1945 [22 U.S.C. 287c(a)]. ‘‘SEC. 586D. COMPLIANCE WITH UNITED NATIONS SANCTIONS AGAINST IRAQ. ‘‘(a) DENIAL OF ASSISTANCE.—None of the funds appro- priated or otherwise made available pursuant to this Act [see Tables for classification] to carry out the For- eign Assistance Act of 1961 [22 U.S.C. 2151 et seq.] (in- cluding title IV of chapter 2 of part I [22 U.S.C. 2191 et seq.], relating to the Overseas Private Investment Cor- poration) or the Arms Export Control Act [22 U.S.C. 2751 et seq.] may be used to provide assistance to any country that is not in compliance with the United Na- tions Security Council sanctions against Iraq unless the President determines and so certifies to the Con- gress that— ‘‘(1) such assistance is in the national interest of the United States; ‘‘(2) such assistance will directly benefit the needy people in that country; or ‘‘(3) the assistance to be provided will be humani- tarian assistance for foreign nationals who have fled Iraq and Kuwait. ‘‘(b) IMPORT SANCTIONS.—If the President considers that the taking of such action would promote the effec- tiveness of the economic sanctions of the United Na- tions and the United States imposed with respect to Iraq, and is consistent with the national interest, the President may prohibit, for such a period of time as he considers appropriate, the importation into the United States of any or all products of any foreign country that has not prohibited— ‘‘(1) the importation of products of Iraq into its cus- toms territory, and ‘‘(2) the export of its products to Iraq. ‘‘SEC. 586E. PENALTIES FOR VIOLATIONS OF EM- BARGO. ‘‘Notwithstanding section 206 of the International Emergency Economic Powers Act (50 U.S.C. 1705) and section 5(b) of the United Nations Participation Act of 1945 (22 U.S.C. 287c(b))— ‘‘(1) a civil penalty of not to exceed $250,000 may be imposed on any person who, after the date of enact- ment of this Act [Nov. 5, 1990], violates or evades or attempts to violate or evade Executive Order Num- bered 12722, 12723, 12724, or 12725 [listed in a table below] or any license, order, or regulation issued under any such Executive order; and ‘‘(2) whoever, after the date of enactment of this Act, willfully violates or evades or attempts to vio- late or evade Executive Order Numbered 12722, 12723, 12724, or 12725 or any license, order, or regulation issued under any such Executive order— ‘‘(A) shall, upon conviction, be fined not more than $1,000,000, if a person other than a natural per- son; or ‘‘(B) if a natural person, shall, upon conviction, be fined not more than $1,000,000, be imprisoned for not more than 12 years, or both. Any officer, director, or agent of any corporation who knowingly participates in a violation, evasion, or at- tempt described in paragraph (2) may be punished by imposition of the fine or imprisonment (or both) speci- fied in subparagraph (B) of that paragraph. ‘‘SEC. 586F. DECLARATIONS REGARDING IRAQ’S LONG-STANDING VIOLATIONS OF INTER- NATIONAL LAW. ‘‘(a) IRAQ’S VIOLATIONS OF INTERNATIONAL LAW.—The Congress determines that— ‘‘(1) the Government of Iraq has demonstrated re- peated and blatant disregard for its obligations under international law by violating the Charter of the United Nations, the Protocol for the Prohibition of the Use in War of Asphyxiating, Poisonous or Other Gases, and of Bacteriological Methods of Warfare (done at Geneva, June 17, 1925), as well as other inter- national treaties; ‘‘(2) the Government of Iraq is a party to the Inter- national Covenant on Civil and Political Rights and the International Covenant on Economic, Social, and Cultural Rights and is obligated under the Covenants, as well as the Universal Declaration of Human Rights, to respect internationally recognized human rights; ‘‘(3) the State Department’s Country Reports on Human Rights Practices for 1989 again characterizes Iraq’s human rights record as ‘abysmal’; ‘‘(4) Amnesty International, Middle East Watch, and other independent human rights organizations have documented extensive, systematic, and con- tinuing human rights abuses by the Government of Iraq, including summary executions, mass political killings, disappearances, widespread use of torture, arbitrary arrests and prolonged detention without trial of thousands of political opponents, forced relo- cation and deportation, denial of nearly all civil and political rights such as freedom of association, as- sembly, speech, and the press, and the imprisonment, torture, and execution of children; ‘‘(5) since 1987, the Government of Iraq has intensi- fied its severe repression of the Kurdish minority of Iraq, deliberately destroyed more than 3,000 villages and towns in the Kurdish regions, and forcibly ex- pelled more than 500,000 people, thus effectively de- populating the rural areas of Iraqi Kurdistan; ‘‘(6) Iraq has blatantly violated international law by initiating use of chemical weapons in the Iran-Iraq war; ‘‘(7) Iraq has also violated international law by using chemical weapons against its own Kurdish citi- zens, resulting in tens of thousands of deaths and more than 65,000 refugees; ‘‘(8) Iraq continues to expand its chemical weapons capability, and President Saddam Hussein has threat- ened to use chemical weapons against other nations; ‘‘(9) persuasive evidence exists that Iraq is devel- oping biological weapons in violation of international law; ‘‘(10) there are strong indications that Iraq has taken steps to produce nuclear weapons and has at- tempted to smuggle from the United States, in viola- tion of United States law, components for triggering devices used in nuclear warheads whose manufacture would contravene the Treaty on the Non-Prolifera- tion of Nuclear Weapons, to which Iraq is a party; and ‘‘(11) Iraqi President Saddam Hussein has threat- ened to use terrorism against other nations in viola- tion of international law and has increased Iraq’s support for the Palestine Liberation Organization and other Palestinian groups that have conducted terrorist acts. ‘‘(b) HUMAN RIGHTS VIOLATIONS.—The Congress deter- mines that the Government of Iraq is engaged in a con- sistent pattern of gross violations of internationally recognized human rights. All provisions of law that im- Page 208 TITLE 50—WAR AND NATIONAL DEFENSE § 1701 pose sanctions against a country whose government is engaged in a consistent pattern of gross violations of internationally recognized human rights shall be fully enforced against Iraq. ‘‘(c) SUPPORT FOR INTERNATIONAL TERRORISM.—(1) The Congress determines that Iraq is a country which has repeatedly provided support for acts of international terrorism, a country which grants sanctuary from pros- ecution to individuals or groups which have committed an act of international terrorism, and a country which otherwise supports international terrorism. The provi- sions of law specified in paragraph (2) and all other pro- visions of law that impose sanctions against a country which has repeatedly provided support for acts of inter- national terrorism, which grants sanctuary from pros- ecution to an individual or group which has committed an act of international terrorism, or which otherwise supports international terrorism shall be fully enforced against Iraq. ‘‘(2) The provisions of law referred to in paragraph (1) are— ‘‘(A) section 40 of the Arms Export Control Act [22 U.S.C. 2780]; ‘‘(B) section 620A of the Foreign Assistance Act of 1961 [22 U.S.C. 2371]; ‘‘(C) sections 555 and 556 of this Act [104 Stat. 2021, 2022] (and the corresponding sections of predecessor foreign operations appropriations Acts); and ‘‘(D) section 555 of the International Security and Development Cooperation Act of 1985 [99 Stat. 227]. ‘‘(d) MULTILATERAL COOPERATION.—The Congress calls on the President to seek multilateral cooperation— ‘‘(1) to deny dangerous technologies to Iraq; ‘‘(2) to induce Iraq to respect internationally recog- nized human rights; and ‘‘(3) to induce Iraq to allow appropriate inter- national humanitarian and human rights organiza- tions to have access to Iraq and Kuwait, including the areas in northern Iraq traditionally inhabited by Kurds. ‘‘SEC. 586G. SANCTIONS AGAINST IRAQ. ‘‘(a) IMPOSITION.—Except as provided in section 586H, the following sanctions shall apply with respect to Iraq: ‘‘(1) FMS SALES.—The United States Government shall not enter into any sale with Iraq under the Arms Export Control Act [22 U.S.C. 2751 et seq.]. ‘‘(2) COMMERCIAL ARMS SALES.—Licenses shall not be issued for the export to Iraq of any item on the United States Munitions List. ‘‘(3) EXPORTS OF CERTAIN GOODS AND TECHNOLOGY.— The authorities of [former] section 6 of the Export Administration Act of 1979 (50 U.S.C. App. 2405) [former 50 U.S.C. 4605] shall be used to prohibit the export to Iraq of any goods or technology listed pur- suant to that section or [former] section 5(c)(1) of that Act (50 U.S.C. App. 2404(c)(1)) [former 50 U.S.C. 4604(c)(1)] on the control list provided for in [former] section 4(b) of that Act (50 U.S.C. App. 2403(b)) [former 50 U.S.C. 4603(b)]. ‘‘(4) NUCLEAR EQUIPMENT, MATERIALS, AND TECH- NOLOGY.— ‘‘(A) NRC LICENSES.—The Nuclear Regulatory Commission shall not issue any license or other au- thorization under the Atomic Energy Act of 1954 (42 U.S.C. 2011 and following) for the export to Iraq of any source or special nuclear material, any produc- tion or utilization facility, any sensitive nuclear technology, any component, item, or substance de- termined to have significance for nuclear explosive purposes pursuant to section 109b. of the Atomic Energy Act of 1954 (42 U.S.C. 2139(b)), or any other material or technology requiring such a license or authorization. ‘‘(B) DISTRIBUTION OF NUCLEAR MATERIALS.—The authority of the Atomic Energy Act of 1954 shall not be used to distribute any special nuclear mate- rial, source material, or byproduct material to Iraq. ‘‘(C) DOE AUTHORIZATIONS.—The Secretary of En- ergy shall not provide a specific authorization under section 57b.(2) of the Atomic Energy Act of 1954 (42 U.S.C. 2077(b)(2)) for any activity that would constitute directly or indirectly engaging in Iraq in activities that require a specific authorization under that section. ‘‘(5) ASSISTANCE FROM INTERNATIONAL FINANCIAL IN- STITUTIONS.—The United States shall oppose any loan or financial or technical assistance to Iraq by inter- national financial institutions in accordance with section 701 of the International Financial Institu- tions Act (22 U.S.C. 262d). ‘‘(6) ASSISTANCE THROUGH THE EXPORT-IMPORT BANK.—Credits and credit guarantees through the Ex- port-Import Bank of the United States shall be de- nied to Iraq. ‘‘(7) ASSISTANCE THROUGH THE COMMODITY CREDIT CORPORATION.—Credit, credit guarantees, and other assistance through the Commodity Credit Corpora- tion shall be denied to Iraq. ‘‘(8) FOREIGN ASSISTANCE.—All forms of assistance under the Foreign Assistance Act of 1961 (22 U.S.C. 2151 and following) other than emergency assistance for medical supplies and other forms of emergency humanitarian assistance, and under the Arms Export Control Act (22 U.S.C. 2751 and following) shall be de- nied to Iraq. ‘‘(b) CONTRACT SANCTITY.—For purposes of the export controls imposed pursuant to subsection (a)(3), the date described in subsection (m)(1) of [former] section 6 of the Export Administration Act of 1979 (50 U.S.C. App. 2405) [former 50 U.S.C. 4605] shall be deemed to be Au- gust 1, 1990. ‘‘SEC. 586H. WAIVER AUTHORITY. ‘‘(a) IN GENERAL.—The President may waive the re- quirements of any paragraph of section 586G(a) if the President makes a certification under subsection (b) or subsection (c). ‘‘(b) CERTIFICATION OF FUNDAMENTAL CHANGES IN IRAQI POLICIES AND ACTIONS.—The authority of sub- section (a) may be exercised 60 days after the President certifies to the Congress that— ‘‘(1) the Government of Iraq— ‘‘(A) has demonstrated, through a pattern of con- duct, substantial improvement in its respect for internationally recognized human rights; ‘‘(B) is not acquiring, developing, or manufac- turing (i) ballistic missiles, (ii) chemical, biologi- cal, or nuclear weapons, or (iii) components for such weapons; has forsworn the first use of such weapons; and is taking substantial and verifiable steps to destroy or otherwise dispose of any such missiles and weapons it possesses; and ‘‘(C) does not provide support for international terrorism; ‘‘(2) the Government of Iraq is in substantial com- pliance with its obligations under international law, including— ‘‘(A) the Charter of the United Nations; ‘‘(B) the International Covenant on Civil and Po- litical Rights (done at New York, December 16, 1966) and the International Covenant on Economic, So- cial, and Cultural Rights (done at New York, De- cember 16, 1966); ‘‘(C) the Convention on the Prevention and Pun- ishment of the Crime of Genocide (done at Paris, December 9, 1948); ‘‘(D) the Protocol for the Prohibition of the Use in War of Asphyxiating, Poisonous or Other Gases, and of Bacteriological Methods of Warfare (done at Geneva, June 17, 1925); ‘‘(E) the Treaty on the Non-Proliferation of Nu- clear Weapons (done at Washington, London, and Moscow, July 1, 1968); and ‘‘(F) the Convention on the Prohibition of the De- velopment, Production and Stockpiling of Bacterio- logical (Biological) and Toxin Weapons and on Their Destruction (done at Washington, London, and Moscow, April 10, 1972); and ‘‘(3) the President has determined that it is essen- tial to the national interests of the United States to exercise the authority of subsection (a). Page 209 TITLE 50—WAR AND NATIONAL DEFENSE § 1701 ‘‘(c) CERTIFICATION OF FUNDAMENTAL CHANGES IN IRAQI LEADERSHIP AND POLICIES.—The authority of sub- section (a) may be exercised 30 days after the President certifies to the Congress that— ‘‘(1) there has been a fundamental change in the leadership of the Government of Iraq; and ‘‘(2) the new Government of Iraq has provided reli- able and credible assurance that— ‘‘(A) it respects internationally recognized human rights and it will demonstrate such respect through its conduct; ‘‘(B) it is not acquiring, developing, or manufac- turing and it will not acquire, develop, or manufac- ture (i) ballistic missiles, (ii) chemical, biological, or nuclear weapons, or (iii) components for such weapons; has forsworn the first use of such weap- ons; and is taking substantial and verifiable steps to destroy or otherwise dispose of any such missiles and weapons it possesses; ‘‘(C) it is not and will not provide support for international terrorism; and ‘‘(D) it is and will continue to be in substantial compliance with its obligations under international law, including all the treaties specified in subpara- graphs (A) through (F) of subsection (b)(2). ‘‘(d) INFORMATION TO BE INCLUDED IN CERTIFI- CATIONS.—Any certification under subsection (b) or (c) shall include the justification for each determination required by that subsection. The certification shall also specify which paragraphs of section 586G(a) the Presi- dent will waive pursuant to that certification. ‘‘SEC. 586I. DENIAL OF LICENSES FOR CERTAIN EX- PORTS TO COUNTRIES ASSISTING IRAQ’S ROCKET OR CHEMICAL, BIOLOGICAL, OR NU- CLEAR WEAPONS CAPABILITY. ‘‘(a) RESTRICTION ON EXPORT LICENSES.—None of the funds appropriated by this or any other Act may be used to approve the licensing for export of any super- computer to any country whose government the Presi- dent determines is assisting, or whose government offi- cials the President determines are assisting, Iraq to im- prove its rocket technology or chemical, biological, or nuclear weapons capability. ‘‘(b) NEGOTIATIONS.—The President is directed to begin immediate negotiations with those governments with which the United States has bilateral supercom- puter agreements, including the Government of the United Kingdom and the Government of Japan, on con- ditions restricting the transfer to Iraq of supercom- puter or associated technology. ‘‘SEC. 586J. REPORTS TO CONGRESS. ‘‘(a) STUDY AND REPORT ON THE INTERNATIONAL EX- PORT TO IRAQ OF NUCLEAR, BIOLOGICAL, CHEMICAL, AND BALLISTIC MISSILE TECHNOLOGY.—(1) The President shall conduct a study on the sale, export, and third party transfer or development of nuclear, biological, chemical, and ballistic missile technology to or with Iraq including— ‘‘(A) an identification of specific countries, as well as companies and individuals, both foreign and do- mestic, engaged in such sale or export of, nuclear, bi- ological, chemical, and ballistic missile technology; ‘‘(B) a detailed description and analysis of the international supply, information, support, and co- production network, individual, corporate, and state, responsible for Iraq’s current capability in the area of nuclear, biological, chemical, and ballistic missile technology; and ‘‘(C) a recommendation of standards and procedures against which to measure and verify a decision of the Government of Iraq to terminate the development, production, coproduction, and deployment of nuclear, biological, chemical, and offensive ballistic missile technology as well as the destruction of all existing facilities associated with such technologies. ‘‘(2) The President shall include in the study required by paragraph (1) specific recommendations on new mechanisms, to include, but not be limited to, legal, political, economic and regulatory, whereby the United States might contribute, in conjunction with its friends, allies, and the international community, to the management, control, or elimination of the threat of nuclear, biological, chemical, and ballistic missile pro- liferation. ‘‘(3) Not later than March 30, 1991, the President shall submit to the Committee on Appropriations and the Committee on Foreign Relations of the Senate and the Committee on Appropriations and the Committee on Foreign Affairs of the House of Representatives, a re- port, in both classified and unclassified form, setting forth the findings of the study required by paragraph (1) of this subsection. ‘‘(b) STUDY AND REPORT ON IRAQ’S OFFENSIVE MILI- TARY CAPABILITY.—(1) The President shall conduct a study on Iraq’s offensive military capability and its ef- fect on the Middle East balance of power including an assessment of Iraq’s power projection capability, the prospects for another sustained conflict with Iran, joint Iraqi-Jordanian military cooperation, the threat Iraq’s arms transfer activities pose to United States allies in the Middle East, and the extension of Iraq’s political- military influence into Africa and Latin America. ‘‘(2) Not later than March 30, 1991, the President shall submit to the Committee on Appropriations and the Committee on Foreign Relations of the Senate and the Committee on Appropriations and the Committee on Foreign Affairs of the House of Representatives, a re- port, in both classified and unclassified form, setting forth the findings of the study required by paragraph (1). ‘‘(c) REPORT ON SANCTIONS TAKEN BY OTHER NATIONS AGAINST IRAQ.—(1) The President shall prepare a report on the steps taken by other nations, both before and after the August 2, 1990, invasion of Kuwait, to curtail the export of goods, services, and technologies to Iraq which might contribute to, or enhance, Iraq’s nuclear, biological, chemical, and ballistic missile capability. ‘‘(2) The President shall provide a complete account- ing of international compliance with each of the sanc- tions resolutions adopted by the United Nations Secu- rity Council against Iraq since August 2, 1990, and shall list, by name, each country which to his knowledge, has provided any assistance to Iraq and the amount and type of that assistance in violation of each United Na- tions resolution. ‘‘(3) The President shall make every effort to encour- age other nations, in whatever forum or context, to adopt sanctions toward Iraq similar to those contained in this section. ‘‘(4) Not later than every 6 months after the date of enactment of this Act [Nov. 5, 1990], the President shall submit to the Committee on Appropriations and the Committee on Foreign Relations of the Senate and the Committee on Appropriations and the Committee on Foreign Affairs of the House of Representatives, a re- port in both classified and unclassified form, setting forth the findings of the study required by paragraph (1) of this subsection.’’ [Provisions similar to section 586D of Pub. L. 101–513, set out above, relating to compliance with sanctions against Iraq were contained in the following appropria- tions acts: [Pub. L. 108–7, div. E, title V, § 531, Feb. 20, 2003, 117 Stat. 192. [Pub. L. 107–115, title V, § 531, Jan. 10, 2002, 115 Stat. 2150. [Pub. L. 106–429, § 101(a) [title V, § 534], Nov. 6, 2000, 114 Stat. 1900, 1900A–34. [Pub. L. 106–113, div. B, § 1000(a)(2) [title V, § 534], Nov. 29, 1999, 113 Stat. 1535, 1501A–93. [Pub. L. 105–277, div. A, § 101(d) [title V, § 535], Oct. 21, 1998, 112 Stat. 2681–150, 2681–181. [Pub. L. 105–118, title V, § 534, Nov. 26, 1997, 111 Stat. 2416. [Pub. L. 104–208, div. A, title I, § 101(c) [title V, § 533], Sept. 30, 1996, 110 Stat. 3009–121, 3009–152. [Pub. L. 104–107, title V, § 534, Feb. 12, 1996, 110 Stat. 734. [Pub. L. 103–306, title V, § 538, Aug. 23, 1994, 108 Stat. 1639. Page 210 TITLE 50—WAR AND NATIONAL DEFENSE § 1701 [Pub. L. 103–87, title V, § 539, Sept. 30, 1993, 107 Stat. 957. [Pub. L. 102–391, title V, § 573, Oct. 6, 1992, 106 Stat. 1683.] Pub. L. 101–510, div. A, title XIV, § 1458, Nov. 5, 1990, 104 Stat. 1697, provided that: ‘‘If the President considers that the taking of such action would promote the effec- tiveness of the economic sanctions of the United Na- tions and the United States imposed with respect to Iraq, and is consistent with the national interest, the President may prohibit, for such a period of time as he considers appropriate, the importation into the United States of any or all products of any foreign country that has not— ‘‘(1) prohibited— ‘‘(A) the importation of products of Iraq into its customs territory, and ‘‘(B) the export of its products to Iraq; or ‘‘(2) given assurances satisfactory to the President that such import and export sanctions will be promptly implemented.’’ IRAN CLAIMS SETTLEMENT Pub. L. 99–93, title V, Aug. 16, 1985, 99 Stat. 437, pro- vided for the determination of the validity and amounts of claims by United States nationals against Iran which were settled en bloc by the United States. Executive Documents SUSPENDING THE IRAQ SANCTIONS ACT, MAKING INAPPLI- CABLE CERTAIN STATUTORY PROVISIONS RELATED TO IRAQ, AND DELEGATING AUTHORITIES, UNDER THE EMERGENCY WARTIME SUPPLEMENTAL APPROPRIATIONS ACT, 2003 Determination of President of the United States, No. 2003–23, May 7, 2003, 68 F.R. 26459, provided: Memorandum for the Secretary of State [and] the Secretary of Commerce By virtue of the authority vested in me by the Con- stitution and the laws of the United States, including sections 1503 and 1504 of the Emergency Wartime Sup- plemental Act, 2003 [Emergency Wartime Supplemental Appropriations Act, 2003], Public Law 108–11 (the ‘‘Act’’) [117 Stat. 579], and section 301 of title 3, United States Code, I hereby: (1) suspend the application of all of the provisions, other than section 586E, of the Iraq Sanctions Act of 1990, Public Law 101–513 [set out above], and (2) make inapplicable with respect to Iraq section 620A of the Foreign Assistance Act of 1961, Public Law 87–195, as amended [22 U.S.C. 2371] (the ‘‘FAA’’), and any other provision of law that applies to countries that have supported terrorism. In addition, I delegate the functions and authorities conferred upon the President by: (1) section 1503 of the Act to submit reports to the designated committees of the Congress to the Sec- retary of Commerce, or until such time as the principal licensing responsibility for the export to Iraq of items on the Commerce Control List has reverted to the De- partment of Commerce, to the Secretary of the Treas- ury; and, (2) section 1504 of the Act to the Secretary of State. The functions and authorities delegated herein may be further delegated and redelegated to the extent con- sistent with applicable law. The Secretary of State is authorized and directed to publish this determination in the Federal Register. GEORGE W. BUSH. EX. ORD. NO. 13761. RECOGNIZING POSITIVE ACTIONS BY THE GOVERNMENT OF SUDAN AND PROVIDING FOR THE REVOCATION OF CERTAIN SUDAN-RELATED SANCTIONS Ex. Ord. No. 13761, Jan. 13, 2017, 82 F.R. 5331, as amended by Ex. Ord. No. 13804, § 1, July 11, 2017, 82 F.R. 32611, provided: By the authority vested in me as President by the Constitution and the laws of the United States of America, including the International Emergency Eco- nomic Powers Act (50 U.S.C. 1701 et seq.), the National Emergencies Act (50 U.S.C. 1601 et seq.), the Trade Sanctions Reform and Export Enhancement Act of 2000 (22 U.S.C. 7201–7211) (TSRA), the Comprehensive Peace in Sudan Act of 2004, as amended (Public Law 108–497) [formerly set out as a note above] (CPSA), the Darfur Peace and Accountability Act of 2006 (Public Law 109–344) (DPAA), and section 301 of title 3, United States Code, I, BARACK OBAMA, President of the United States of America, find that the situation that gave rise to the actions taken in Executive Order 13067 of November 3, 1997, and Executive Order 13412 of October 13, 2006, re- lated to the policies and actions of the Government of Sudan has been altered by Sudan’s positive actions over the past 6 months. These actions include a marked reduction in offensive military activity, culminating in a pledge to maintain a cessation of hostilities in con- flict areas in Sudan, and steps toward the improvement of humanitarian access throughout Sudan, as well as cooperation with the United States on addressing re- gional conflicts and the threat of terrorism. Given these developments, and in order to see these efforts sustained and enhanced by the Government of Sudan, I hereby order: SECTION 1. Effective October 12, 2017 and provided the criteria in section 12(b) of this order are met, sections 1 and 2 of Executive Order 13067 of November 3, 1997 [listed in a table below], are revoked, and Executive Order 13412 of October 13, 2006 [listed in a table below], is revoked in its entirety. The revocation of those pro- visions of Executive Order 13067 and of Executive Order 13412 shall not affect any violation of any rules, regula- tions, orders, licenses, or other forms of administrative action under those orders during the period that those provisions were in effect. SEC. 2. Pursuant to section 908(a)(3) of TSRA, I here- by determine that it is in the national security interest of the United States to waive, and hereby waive, the application of section 908(a)(1) of TSRA with respect to Sudan. SEC. 3. Pursuant to section 6(d) of CPSA, I hereby de- termine and certify that it is in the national interest of the United States to waive, and hereby waive, the application of sections 6(a) and (b) of CPSA. SEC. 4. The function of the President under section 6(c)(1) of CPSA is assigned to the Secretary of the Treasury. SEC. 5. The functions of the President under section 6(c)(2) and the last sentence of section 6(d) of CPSA are assigned to the Secretary of State, except that the function of denial of entry is assigned to the Secretary of Homeland Security. SEC. 6. The function of the President under section 8 of DPAA is assigned to the Secretary of State. SEC. 7. The Secretary of the Treasury and the Sec- retary of Commerce are authorized to issue regula- tions, licenses, and orders, and conduct such investiga- tions as may be necessary, to implement the provisions of section 906 of TSRA. SEC. 8. This order is not intended to, and does not, otherwise affect the national emergency declared in Executive Order 13067 of November 3, 1997, as expanded in scope by Executive Order 13400 of April 26, 2006, which shall remain in place. SEC. 9. This order is not intended to, and does not, create any right or benefit, substantive or procedural, enforceable at law or in equity by any party against the United States, its departments, agencies, or enti- ties, its officers, employees, or agents, or any other person. SEC. 10. On or before October 12, 2017, the Secretary of State, in consultation with the Secretary of the Treasury, the Director of National Intelligence, and the Administrator of the U.S. Agency for International De- velopment, and based on a consideration of relevant and credible information from available sources, in- cluding nongovernmental organizations, shall provide to the President a report on whether the Government Page 211 TITLE 50—WAR AND NATIONAL DEFENSE § 1701 of Sudan has sustained the positive actions that gave rise to this order, including carrying out its pledge to maintain a cessation of hostilities in conflict areas in Sudan; continued improvement of humanitarian access throughout Sudan; and maintaining its cooperation with the United States on addressing regional conflicts and the threat of terrorism. As much of the report as possible, consistent with sources and methods, shall be unclassified and made public. SEC. 11. [Revoked by Ex. Ord. No. 13804, § 1(d), July 11, 2017, 82 F.R. 32611.] SEC. 12. (a) This order is effective on January 13, 2017, except for sections 1, 4, 5, 6, and 7 of this order; (b) Sections 1, 4, 5, 6, and 7 of this order are effective on October 12, 2017, provided that the Secretary of State, in consultation with the Secretary of the Treas- ury, the Director of National Intelligence, and the Ad- ministrator of the U.S. Agency for International Devel- opment, has published a notice in the Federal Register on or before that date, stating that the Government of Sudan has sustained the positive actions that gave rise to this order and that the Secretary of State has pro- vided to the President the report described in section 10 of this order. PROMOTING ACCOUNTABILITY FOR CONFLICT-RELATED SEXUAL VIOLENCE Memorandum of President of the United States, Nov. 28, 2022, 87 F.R. 74485, provided: Memorandum for the Heads of Executive Depart- ments and Agencies By the authority vested in me as President by the Constitution and the laws of the United States of America, and in order to enhance United States policy and approach to prevent and respond to conflict-related sexual violence worldwide, it is hereby ordered as fol- lows: SECTION 1. Policy. Conflict-related sexual violence (CRSV) has devastating effects on individuals and com- munities, undermines peace and security, and prevents inclusive and sustainable development. Yet wherever conflicts or crises occur, sexual violence continues to be wielded as a tool or is a byproduct of armed conflict. Impunity for CRSV remains widespread, with account- ability and justice the rare exception. For each rape re- ported in connection with a conflict, the United Na- tions estimates that 10 to 20 cases go undocumented, in part due to the impunity of perpetrators. Among the best ways to prevent CRSV worldwide are to advance global gender equity and equality and change harmful societal gender norms; prioritize prevention measures and locally-driven responses to all forms of gender- based violence, including through respect for human rights and international humanitarian law and equal protection under the law; and address impunity related to these brutal, yet often unreported, acts. The United States does not accept CRSV as an inevi- table cost of armed conflict and is committed to sup- porting survivors of this scourge by invoking all tools available, including legal, policy, diplomatic, and fi- nancial tools, to deter such violence, break the vicious cycle of impunity, and provide the necessary services to survivors. The United States has numerous frame- works, including laws and policies, through which to respond to and address CRSV, but more action is re- quired to use them fully and in a manner that responds to the full scale of this problem. These efforts to ad- dress impunity and increase accountability for CRSV will complement a broader, holistic approach to pre- venting and responding to this scourge, which includes advancing gender equity and equality; prioritizing the immediate needs of survivors; and amplifying survivor voices in transitional justice, the provision of services, and peace and political processes. It is the policy of the United States to fully exercise existing authorities to impose economic sanctions and implement visa restrictions in order to promote justice and accountability for acts of CRSV; devote the nec- essary resources to ensure regular coordination and re- porting on CRSV incidents and to conduct training on CRSV issues more broadly, including to support the designation of sanctions targets; strengthen the imple- mentation of other existing tools and authorities to promote accountability for CRSV, including the provi- sion of United States security assistance; and broaden engagement with foreign partner governments to en- courage the establishment and use of their own tools to promote justice and accountability. SEC. 2. Advancing Accountability for Acts of CRSV through Existing Sanctions Authorities. (a) Executive Order 13818 of December 20, 2017 (Blocking the Property of Persons Involved in Serious Human Rights Abuse or Corruption) [listed in a table below], builds on and im- plements the Global Magnitsky Human Rights Ac- countability Act, [subtitle F of title XII of div. A of] Public Law 114–328 (the ‘‘Act’’) [22 U.S.C. 10101 et seq.], and authorizes the imposition of sanctions on persons, including both individuals and entities, responsible for or complicit in, or who have directly or indirectly en- gaged in, serious human rights abuse, as well as indi- viduals who are or have been leaders or officials of an entity, including any government entity, that has en- gaged in, or which has members who have engaged in, serious human rights abuses relating to their tenure, among other things. It is the policy of the United States that an act of CRSV, committed by either state or non-state actors, may constitute a ‘‘serious human rights abuse’’ for purposes of designation under Execu- tive Order 13818, as well as other similar authorities, and in furtherance of the policy reflected in the Act. (b) In addition to the authorities described in sub- section (a) of this section, many country-specific sanc- tions programs also contain criteria for the imposition of sanctions on persons engaged in or otherwise con- nected to activities that may include CRSV. For exam- ple, numerous sanctions programs, including country- specific programs related to Belarus, Burma, the Cen- tral African Republic, the Democratic Republic of the Congo, Iran, Libya, Mali, Nicaragua, Somalia, North Korea, the Russian Federation, South Sudan, Syria, Venezuela, the Western Balkans, and Zimbabwe, in- clude criteria for targeting certain abuses or violations of human rights, which may include CRSV depending on specific facts and circumstances. It is the policy of the United States to promote accountability for per- petrators of acts of CRSV through relevant existing sanctions authorities, where applicable, and to ensure that these authorities are used to the fullest extent possible to target perpetrators of acts of CRSV and their enablers. (c) I hereby direct the Secretary of State, the Sec- retary of the Treasury, the Attorney General, and the Director of National Intelligence to undertake the fol- lowing actions, including by issuing guidance or regula- tions as appropriate: (i) ensure equal consideration of and attention to acts of CRSV as the conduct supporting designation when identifying appropriate targets and compiling informa- tion necessary for the preparation of sanctions pack- ages under applicable authorities, including those iden- tified in this section; and (ii) strengthen the capacity of executive departments and agencies (agencies) to collect, identify, assess, and share information on CRSV as appropriate, including by consulting with local civil society organizations, taking into account the importance of safely gathering information from survivors to support potential des- ignations under existing sanctions authorities. SEC. 3. Advancing Accountability for Acts of CRSV Through Additional Measures and Authorities. The United States is committed to using all available tools, includ- ing those pertaining to security assistance and visa eli- gibility, to prevent and respond to CRSV and promote accountability for perpetrators. Heads of agencies, in- cluding the Secretary of State and the Secretary of the Treasury, are directed to use existing authorities to the fullest extent possible to promote accountability for acts of CRSV, including considering acts of CRSV when assessing the potential application of existing laws and regulations, including, where appropriate, the Page 212 TITLE 50—WAR AND NATIONAL DEFENSE § 1701 laws known as the ‘‘Leahy Laws’’ (22 U.S.C. 2378d and 10 U.S.C. 362) and sections 7031(c) [8 U.S.C. 1182 note] and 7048(g) [136 Stat. 664] of the Department of State, Foreign Operations, and Related Programs Appropria- tions Act, 2022 (Div. K, Public Law 117–103, as carried forward by the Continuing Appropriations Act, 2023 (Div. A, Public Law 117–180)), as well as similar provi- sions in future acts. SEC. 4. Building Coalitions of Like-Minded Nations and Engaging International Organizations in Promoting Ac- countability for Acts of CRSV. Bilateral relationships with allies and partners, as well as engagement in mul- tilateral fora and our relationships with international organizations, are critical to promote justice and ac- countability for acts of CRSV and bring global atten- tion to this issue. Agencies engaged abroad shall rein- force the work they have done and amplify efforts with other nations—bilaterally and within multilateral fora—and with international organizations to broaden the number of countries willing to support account- ability for acts of CRSV and to strengthen policies and locally-driven programming in multilateral institu- tions, including efforts to address the immediate and long-term needs of survivors, to promote account- ability and justice for acts of CRSV. SEC. 5. Definition. For the purposes of this memo- randum, the term ‘‘conflict-related sexual violence’’ (CRSV) refers to incidents or patterns of sexual vio- lence that occur in conflict or post-conflict situations with a direct or indirect link to conflict. CRSV may in- clude rape, sexual slavery, sex trafficking, forced preg- nancy, forced sterilization, and any other form of sex- ual violence of comparable gravity, against individuals of all gender identities. Depending on the cir- cumstances, acts of CRSV can constitute war crimes, crimes against humanity, or acts of genocide, and therefore may constitute crimes that are punishable under international law. SEC. 6. General Provisions. (a) Nothing in this memo- randum shall be construed to impair or otherwise af- fect: (i) the authority granted by law to an executive de- partment or agency, or the head thereof; or (ii) the functions of the Director of the Office of Man- agement and Budget relating to budgetary, administra- tive, or legislative proposals. (b) This memorandum shall be implemented con- sistent with applicable law and subject to the avail- ability of appropriations. (c) This memorandum is not intended to, and does not, create any right or benefit, substantive or proce- dural, enforceable at law or in equity by any party against the United States, its departments, agencies, or entities, its officers, employees, or agents, or any other person. (d) The Secretary of State is authorized and directed to publish this memorandum in the Federal Register. J.R. BIDEN, JR. EXECUTIVE DOCUMENTS DECLARING NATIONAL EMERGENCIES Provisions relating to the exercise of Presidential au- thorities to declare national emergencies for unusual and extraordinary threats with respect to the actions of certain persons and countries are contained in the following: AFGHANISTAN (TALIBAN) Ex. Ord. No. 13129, July 4, 1999, 64 F.R. 36759, revoked by Ex. Ord. No. 13268, July 2, 2002, 67 F.R. 44751. Continuations of national emergency declared by Ex. Ord. No. 13129 were contained in the following: Notice of President of the United States, dated June 30, 2001, 66 F.R. 35363. Notice of President of the United States, dated June 30, 2000, 65 F.R. 41549. Ex. Ord. No. 13268, July 2, 2002, 67 F.R. 44751. Ex. Ord. No. 14064, Feb. 11, 2022, 87 F.R. 8391. Continuations of national emergency declared by Ex. Ord. No. 14064 were contained in the following: Notice of President of the United States, dated Feb. 7, 2024, 89 F.R. 8991. Notice of President of the United States, dated Feb. 3, 2023, 88 F.R. 7837. ANGOLA (UNITA) Ex. Ord. No. 12865, Sept. 26, 1993, 58 F.R. 51005, revoked by Ex. Ord. No. 13298, May 6, 2003, 68 F.R. 24857. Continuations of national emergency declared by Ex. Ord. No. 12865 were contained in the following: Notice of President of the United States, dated Sept. 23, 2002, 67 F.R. 60105. Notice of President of the United States, dated Sept. 24, 2001, 66 F.R. 49084. Notice of President of the United States, dated Sept. 22, 2000, 65 F.R. 57721. Notice of President of the United States, dated Sept. 21, 1999, 64 F.R. 51419. Notice of President of the United States, dated Sept. 23, 1998, 63 F.R. 51509. Notice of President of the United States, dated Sept. 24, 1997, 62 F.R. 50477. Notice of President of the United States, dated Sept. 16, 1996, 61 F.R. 49047. Notice of President of the United States, dated Sept. 18, 1995, 60 F.R. 48621. Notice of President of the United States, dated Aug. 17, 1994, 59 F.R. 42749. Ex. Ord. No. 13069, Dec. 12, 1997, 62 F.R. 65989, revoked by Ex. Ord. No. 13298, May 6, 2003, 68 F.R. 24857. Ex. Ord. No. 13098, Aug. 18, 1998, 63 F.R. 44771, revoked by Ex. Ord. No. 13298, May 6, 2003, 68 F.R. 24857. Ex. Ord. No. 13298, May 6, 2003, 68 F.R. 24857. BELARUS Ex. Ord. No. 13405, June 16, 2006, 71 F.R. 35485. Continuations of national emergency declared by Ex. Ord. No. 13405 were contained in the following: Notice of President of the United States, dated June 13, 2024, 89 F.R. 51197. Notice of President of the United States, dated June 12, 2023, 88 F.R. 39109. Notice of President of the United States, dated June 13, 2022, 87 F.R. 36047. Notice of President of the United States, dated June 8, 2021, 86 F.R. 31085. Notice of President of the United States, dated June 11, 2020, 85 F.R. 36137. Notice of President of the United States, dated June 13, 2019, 84 F.R. 27905. Notice of President of the United States, dated June 8, 2018, 83 F.R. 27287. Notice of President of the United States, dated June 13, 2017, 82 F.R. 27605. Notice of President of the United States, dated June 10, 2016, 81 F.R. 38879. Notice of President of the United States, dated June 10, 2015, 80 F.R. 34021. Notice of President of the United States, dated June 10, 2014, 79 F.R. 33847. Notice of President of the United States, dated June 13, 2013, 78 F.R. 36081. Notice of President of the United States, dated June 14, 2012, 77 F.R. 36113. Notice of President of the United States, dated June 14, 2011, 76 F.R. 35093. Notice of President of the United States, dated June 8, 2010, 75 F.R. 32841. Notice of President of the United States, dated June 12, 2009, 74 F.R. 28437. Notice of President of the United States, dated June 6, 2008, 73 F.R. 32981. Notice of President of the United States, dated June 14, 2007, 72 F.R. 33381. Ex. Ord. No. 14038, Aug. 9, 2021, 86 F.R. 43905. Page 213 TITLE 50—WAR AND NATIONAL DEFENSE § 1701 BURMA Ex. Ord. No. 13047, May 20, 1997, 62 F.R. 28301, sections 1 to 7 of which were revoked by Ex. Ord. No. 13310, § 12, July 28, 2003, 68 F.R. 44855, to the extent inconsistent with Ex. Ord. No. 13310; revoked in full by Ex. Ord. No. 13742, Oct. 7, 2016, 81 F.R. 70593. Continuations of national emergency declared by Ex. Ord. No. 13047 were contained in the following: Notice of President of the United States, dated May 17, 2016, 81 F.R. 31487. Notice of President of the United States, dated May 15, 2015, 80 F.R. 28805. Notice of President of the United States, dated May 15, 2014, 79 F.R. 28807. Notice of President of the United States, dated May 2, 2013, 78 F.R. 26231. Notice of President of the United States, dated May 17, 2012, 77 F.R. 29851. Notice of President of the United States, dated May 16, 2011, 76 F.R. 28883. Notice of President of the United States, dated May 13, 2010, 75 F.R. 27629. Notice of President of the United States, dated May 14, 2009, 74 F.R. 23287. Notice of President of the United States, dated May 16, 2008, 73 F.R. 29035. Notice of President of the United States, dated May 17, 2007, 72 F.R. 28447. Notice of President of the United States, dated May 18, 2006, 71 F.R. 29239. Notice of President of the United States, dated May 17, 2005, 70 F.R. 28771. Notice of President of the United States, dated May 17, 2004, 69 F.R. 29041. Notice of President of the United States, dated May 16, 2003, 68 F.R. 27425. Notice of President of the United States, dated May 16, 2002, 67 F.R. 35423. Notice of President of the United States, dated May 15, 2001, 66 F.R. 27443. Notice of President of the United States, dated May 18, 2000, 65 F.R. 32005. Notice of President of the United States, dated May 18, 1999, 64 F.R. 27443. Notice of President of the United States, dated May 18, 1998, 63 F.R. 27661. Ex. Ord. No. 13310, July 28, 2003, 68 F.R. 44853, as amended by Ex. Ord. No. 13651, § 2, Aug. 6, 2013, 78 F.R. 48793, revoked by Ex. Ord. No. 13742, Oct. 7, 2016, 81 F.R. 70593. Ex. Ord. No. 13448, Oct. 18, 2007, 72 F.R. 60223, as amended by Ex. Ord. No. 13619, § 2(b), July 11, 2012, 77 F.R. 41244, revoked by Ex. Ord. No. 13742, Oct. 7, 2016, 81 F.R. 70593. Ex. Ord. No. 13464, Apr. 30, 2008, 73 F.R. 24491, as amended by Ex. Ord. No. 13619, § 2(a), July 11, 2012, 77 F.R. 41244, revoked by Ex. Ord. No. 13742, Oct. 7, 2016, 81 F.R. 70593. Ex. Ord. No. 13619, July 11, 2012, 77 F.R. 41243, revoked by Ex. Ord. No. 13742, Oct. 7, 2016, 81 F.R. 70593. Ex. Ord. No. 13651, Aug. 6, 2013, 78 F.R. 48793, revoked by Ex. Ord. No. 13742, Oct. 7, 2016, 81 F.R. 70593. Ex. Ord. No. 13742, Oct. 7, 2016, 81 F.R. 70593. Ex. Ord. No. 14014, Feb. 10, 2021, 86 F.R. 9429. Continuations of national emergency declared by Ex. Ord. No. 14014 were contained in the following: Notice of President of the United States, dated Feb. 7, 2024, 89 F.R. 8989. Notice of President of the United States, dated Feb. 6, 2023, 88 F.R. 8205. Notice of President of the United States, dated Feb. 7, 2022, 87 F.R. 7677. BURUNDI Ex. Ord. No. 13712, Nov. 22, 2015, 80 F.R. 73633, revoked by Ex. Ord. No. 14054, Nov. 18, 2021, 86 F.R. 66149. Continuations of national emergency declared by Ex. Ord. No. 13712 were contained in the following: Notice of President of the United States, dated Nov. 12, 2020, 85 F.R. 72893. Notice of President of the United States, dated Nov. 19, 2019, 84 F.R. 64191. Notice of President of the United States, dated Nov. 16, 2018, 83 F.R. 58461. Notice of President of the United States, dated Nov. 6, 2017, 82 F.R. 51967. Notice of President of the United States, dated Nov. 9, 2016, 81 F.R. 79989. Ex. Ord. No. 14054, Nov. 18, 2021, 86 F.R. 66149. CENTRAL AFRICAN REPUBLIC Ex. Ord. No. 13667, May 12, 2014, 79 F.R. 28387. Continuations of national emergency declared by Ex. Ord. No. 13667 were contained in the following: Notice of President of the United States, dated May 8, 2024, 89 F.R. 40357. Notice of President of the United States, dated May 10, 2023, 88 F.R. 30637. Notice of President of the United States, dated May 9, 2022, 87 F.R. 29019. Notice of President of the United States, dated May 6, 2021, 86 F.R. 25795. Notice of President of the United States, dated May 7, 2020, 85 F.R. 27641. Notice of President of the United States, dated May 8, 2019, 84 F.R. 20539. Notice of President of the United States, dated May 10, 2018, 83 F.R. 22175. Notice of President of the United States, dated May 9, 2017, 82 F.R. 21911. Notice of President of the United States, dated May 9, 2016, 81 F.R. 29469. Notice of President of the United States, dated May 8, 2015, 80 F.R. 27067. COLOMBIA Ex. Ord. No. 12978, Oct. 21, 1995, 60 F.R. 54579, as amended by Ex. Ord. No. 13286, § 22, Feb. 28, 2003, 68 F.R. 10624. Continuations of national emergency declared by Ex. Ord. No. 12978 were contained in the following: Notice of President of the United States, dated Oct. 11, 2024, 89 F.R. 83417. Notice of President of the United States, dated Oct. 17, 2023, 88 F.R. 72345. Notice of President of the United States, dated Oct. 12, 2022, 87 F.R. 62279. Notice of President of the United States, dated Oct. 12, 2021, 86 F.R. 57319. Notice of President of the United States, dated Oct. 19, 2020, 85 F.R. 66871. Notice of President of the United States, dated Oct. 15, 2019, 84 F.R. 55857. Notice of President of the United States, dated Oct. 17, 2018, 83 F.R. 52941. Notice of President of the United States, dated Oct. 16, 2017, 82 F.R. 48607. Notice of President of the United States, dated Oct. 18, 2016, 81 F.R. 72679. Notice of President of the United States, dated Oct. 19, 2015, 80 F.R. 63665. Notice of President of the United States, dated Oct. 16, 2014, 79 F.R. 62795. Notice of President of the United States, dated Oct. 16, 2013, 78 F.R. 62341. Notice of President of the United States, dated Oct. 17, 2012, 77 F.R. 64221. Notice of President of the United States, dated Oct. 19, 2011, 76 F.R. 65355. Notice of President of the United States, dated Oct. 14, 2010, 75 F.R. 64109. Notice of President of the United States, dated Oct. 16, 2009, 74 F.R. 53879. Notice of President of the United States, dated Oct. 16, 2008, 73 F.R. 62433. Notice of President of the United States, dated Oct. 18, 2007, 72 F.R. 59473. Page 214 TITLE 50—WAR AND NATIONAL DEFENSE § 1701 Notice of President of the United States, dated Oct. 19, 2006, 71 F.R. 62053. Notice of President of the United States, dated Oct. 19, 2005, 70 F.R. 61209. Notice of President of the United States, dated Oct. 19, 2004, 69 F.R. 61733. Notice of President of the United States, dated Oct. 16, 2003, 68 F.R. 60023. Notice of President of the United States, dated Oct. 16, 2002, 67 F.R. 64307. Notice of President of the United States, dated Oct. 16, 2001, 66 F.R. 53073. Notice of President of the United States, dated Oct. 19, 2000, 65 F.R. 63193. Notice of President of the United States, dated Oct. 19, 1999, 64 F.R. 56667. Notice of President of the United States, dated Oct. 19, 1998, 63 F.R. 56079. Notice of President of the United States, dated Oct. 17, 1997, 62 F.R. 54561. Notice of President of the United States, dated Oct. 16, 1996, 61 F.R. 54531. COMMUNIST CHINESE MILITARY COMPANIES Ex. Ord. No. 13959, Nov. 12, 2020, 85 F.R. 73185, as amended by Ex. Ord. No. 13974, §§ 1–3, Jan. 13, 2021, 86 F.R. 4875, 4876, revoked by Ex. Ord. No. 14032, § 4, June 3, 2021, 86 F.R. 30147; Ex. Ord. No. 14032, §§ 1–3, June 3, 2021, 86 F.R. 30145, 30146. Continuations of national emergency declared by Ex. Ord. No. 13959 were contained in the following: Notice of President of the United States, dated Nov. 7, 2024, 89 F.R. 88869. Notice of President of the United States, dated Nov. 3, 2023, 88 F.R. 76987. Notice of President of the United States, dated Nov. 8, 2022, 87 F.R. 68017. Notice of President of the United States, dated Nov. 9, 2021, 86 F.R. 62711. COˆ TE D’IVOIRE Ex. Ord. No. 13396, Feb. 7, 2006, 71 F.R. 7389, revoked by Ex. Ord. No. 13739, Sept. 14, 2016, 81 F.R. 63673. Continuations of national emergency declared by Ex. Ord. No. 13396 were contained in the following: Notice of President of the United States, dated Feb. 3, 2016, 81 F.R. 6157. Notice of President of the United States, dated Feb. 4, 2015, 80 F.R. 6647. Notice of President of the United States, dated Feb. 4, 2014, 79 F.R. 7047. Notice of President of the United States, dated Feb. 4, 2013, 78 F.R. 8955. Notice of President of the United States, dated Feb. 3, 2012, 77 F.R. 5985. Notice of President of the United States, dated Jan. 26, 2011, 76 F.R. 5053. Notice of President of the United States, dated Feb. 2, 2010, 75 F.R. 5675. Notice of President of the United States, dated Feb. 4, 2009, 74 F.R. 6349. Notice of President of the United States, dated Feb. 5, 2008, 73 F.R. 7185. Notice of President of the United States, dated Feb. 5, 2007, 72 F.R. 5593. Ex. Ord. No. 13739, Sept. 14, 2016, 81 F.R. 63673. COUNTRIES AND PERSONS COMMITTING OR SUPPORTING TERRORISM Ex. Ord. No. 12947, Jan. 23, 1995, 60 F.R. 5079, as amended by Ex. Ord. No. 13099, §§ 1, 2, Aug. 20, 1998, 63 F.R. 45167; Ex. Ord. No. 13372, § 2, Feb. 16, 2005, 70 F.R. 8499, revoked by Ex. Ord. 13886, Sept. 9, 2019, 84 F.R. 48041. Continuations of national emergency declared by Ex. Ord. No. 12947 were contained in the following: Notice of President of the United States, dated Jan. 16, 2019, 84 F.R. 127. Notice of President of the United States, dated Jan. 17, 2018, 83 F.R. 2731. Notice of President of the United States, dated Jan. 13, 2017, 82 F.R. 6165. Notice of President of the United States, dated Jan. 20, 2016, 81 F.R. 3937. Notice of President of the United States, dated Jan. 21, 2015, 80 F.R. 3461. Notice of President of the United States, dated Jan. 21, 2014, 79 F.R. 3721. Notice of President of the United States, dated Jan. 17, 2013, 78 F.R. 4303. Notice of President of the United States, dated Jan. 19, 2012, 77 F.R. 3067. Notice of President of the United States, dated Jan. 13, 2011, 76 F.R. 3009. Notice of President of the United States, dated Jan. 20, 2010, 75 F.R. 3845. Notice of President of the United States, dated Jan. 15, 2009, 74 F.R. 3961. Notice of President of the United States, dated Jan. 18, 2008, 73 F.R. 3859. Notice of President of the United States, dated Jan. 18, 2007, 72 F.R. 2595. Notice of President of the United States, dated Jan. 18, 2006, 71 F.R. 3407. Notice of President of the United States, dated Jan. 17, 2005, 70 F.R. 3277. Notice of President of the United States, dated Jan. 16, 2004, 69 F.R. 2991. Notice of President of the United States, dated Jan. 20, 2003, 68 F.R. 3161. Notice of President of the United States, dated Jan. 18, 2002, 67 F.R. 3033. Notice of President of the United States, dated Jan. 19, 2001, 66 F.R. 7371. Notice of President of the United States, dated Jan. 19, 2000, 65 F.R. 3581. Notice of President of the United States, dated Jan. 20, 1999, 64 F.R. 3393. Notice of President of the United States, dated Jan. 21, 1998, 63 F.R. 3445. Notice of President of the United States, dated Jan. 21, 1997, 62 F.R. 3439. Notice of President of the United States, dated Jan. 18, 1996, 61 F.R. 1695. Ex. Ord. No. 13224, Sept. 23, 2001, 66 F.R. 49079, as amended by Ex. Ord. No. 13268, § 1, July 2, 2002, 67 F.R. 44751; Ex. Ord. No. 13284, § 4, Jan. 23, 2003, 68 F.R. 4075; Ex. Ord. No. 13372, § 1, Feb. 16, 2005, 70 F.R. 8499; Ex. Ord. No. 13886, §§ 1, 2, Sept. 9, 2019, 84 F.R. 48041, 48042. Continuations of national emergency declared by Ex. Ord. No. 13224 were contained in the following: Notice of President of the United States, dated Sept. 18, 2024, 89 F.R. 77011. Notice of President of the United States, dated Sept. 7, 2023, 88 F.R. 62439. Notice of President of the United States, dated Sept. 19, 2022, 87 F.R. 57569. Notice of President of the United States, dated Sept. 15, 2021, 86 F.R. 52069. Notice of President of the United States, dated Sept. 18, 2020, 85 F.R. 59641. Notice of President of the United States, dated Sept. 19, 2019, 84 F.R. 49633. Notice of President of the United States, dated Sept. 19, 2018, 83 F.R. 47799. Notice of President of the United States, dated Sept. 18, 2017, 82 F.R. 43825. Notice of President of the United States, dated Sept. 15, 2016, 81 F.R. 64343. Notice of President of the United States, dated Sept. 18, 2015, 80 F.R. 57281. Notice of President of the United States, dated Sept. 17, 2014, 79 F.R. 56475. Notice of President of the United States, dated Sept. 18, 2013, 78 F.R. 58151. Notice of President of the United States, dated Sept. 11, 2012, 77 F.R. 56519. Page 215 TITLE 50—WAR AND NATIONAL DEFENSE § 1701 Notice of President of the United States, dated Sept. 21, 2011, 76 F.R. 59001. Notice of President of the United States, dated Sept. 16, 2010, 75 F.R. 57159. Notice of President of the United States, dated Sept. 21, 2009, 74 F.R. 48359. Notice of President of the United States, dated Sept. 18, 2008, 73 F.R. 54489. Notice of President of the United States, dated Sept. 20, 2007, 72 F.R. 54205. Notice of President of the United States, dated Sept. 21, 2006, 71 F.R. 55725. Notice of President of the United States, dated Sept. 21, 2005, 70 F.R. 55703. Notice of President of the United States, dated Sept. 21, 2004, 69 F.R. 56923. Notice of President of the United States, dated Sept. 18, 2003, 68 F.R. 55189. Notice of President of the United States, dated Sept. 19, 2002, 67 F.R. 59447. Ex. Ord. No. 13372, Feb. 16, 2005, 70 F.R. 8499. COUNTRIES AND PERSONS INTERFERING IN UNITED STATES ELECTIONS Ex. Ord. No. 13848, Sept. 12, 2018, 83 F.R. 46843. Continuations of national emergency declared by Ex. Ord. No. 13848 were contained in the following: Notice of President of the United States, dated Sept. 9, 2024, 89 F.R. 74103. Notice of President of the United States, dated Sept. 7, 2023, 88 F.R. 62437. Notice of President of the United States, dated Sept. 7, 2022, 87 F.R. 55681. Notice of President of the United States, dated Sept. 7, 2021, 86 F.R. 50601. Notice of President of the United States, dated Sept. 10, 2020, 85 F.R. 56469. Notice of President of the United States, dated Sept. 10, 2019, 84 F.R. 48039. COUNTRIES AND PERSONS PROLIFERATING WEAPONS OF MASS DESTRUCTION Ex. Ord. No. 12735, Nov. 16, 1990, 55 F.R. 48587, revoked by Ex. Ord. No. 12938, § 10, Nov. 14, 1994, 59 F.R. 59099. Continuations of national emergency declared by Ex. Ord. No. 12735 were contained in the following: Notice of President of the United States, dated Nov. 12, 1993, 58 F.R. 60361. Notice of President of the United States, dated Nov. 11, 1992, 57 F.R. 53979. Notice of President of the United States, dated Nov. 14, 1991, 56 F.R. 58171. Ex. Ord. No. 12868, Sept. 30, 1993, 58 F.R. 51749, re- voked, with savings provision, by Ex. Ord. No. 12930, § 3, Sept. 29, 1994, 59 F.R. 50475. Ex. Ord. No. 12930, Sept. 29, 1994, 59 F.R. 50475, revoked by Ex. Ord. No. 12938, § 10, Nov. 14, 1994, 59 F.R. 59099. Ex. Ord. No. 12938, Nov. 14, 1994, 59 F.R. 59099, as amended by Ex. Ord. No. 13094, § 1, July 28, 1998, 63 F.R. 40803; Ex. Ord. No. 13128, June 25, 1999, 64 F.R. 34704; Ex. Ord. No. 13382, § 4, June 28, 2005, 70 F.R. 38568. Continuations of national emergency declared by Ex. Ord. No. 12938 were contained in the following: Notice of President of the United States, dated Nov. 7, 2024, 89 F.R. 88867. Notice of President of the United States, dated Nov. 1, 2023, 88 F.R. 75475. Notice of President of the United States, dated Nov. 8, 2022, 87 F.R. 68015. Notice of President of the United States, dated Nov. 10, 2021, 86 F.R. 62891. Notice of President of the United States, dated Nov. 12, 2020, 85 F.R. 72897. Notice of President of the United States, dated Nov. 12, 2019, 84 F.R. 61817. Notice of President of the United States, dated Nov. 8, 2018, 83 F.R. 56253. Notice of President of the United States, dated Nov. 6, 2017, 82 F.R. 51971. Notice of President of the United States, dated Nov. 8, 2016, 81 F.R. 79379. Notice of President of the United States, dated Nov. 12, 2015, 80 F.R. 70667. Notice of President of the United States, dated Nov. 7, 2014, 79 F.R. 67035. Notice of President of the United States, dated Nov. 7, 2013, 78 F.R. 67289. Notice of President of the United States, dated Nov. 1, 2012, 77 F.R. 66513. Notice of President of the United States, dated Nov. 9, 2011, 76 F.R. 70319. Notice of President of the United States, dated Nov. 6, 2009, 74 F.R. 58187. Notice of President of the United States, dated Nov. 10, 2008, 73 F.R. 67097. Notice of President of the United States, dated Nov. 8, 2007, 72 F.R. 63963. Notice of President of the United States, dated Oct. 27, 2006, 71 F.R. 64109. Notice of President of the United States, dated Oct. 25, 2005, 70 F.R. 62027. Notice of President of the United States, dated Nov. 4, 2004, 69 F.R. 64637. Notice of President of the United States, dated Oct. 29, 2003, 68 F.R. 62209. Notice of President of the United States, dated Nov. 6, 2002, 67 F.R. 68493. Notice of President of the United States, dated Nov. 9, 2001, 66 F.R. 56965. Notice of President of the United States, dated Nov. 9, 2000, 65 F.R. 68063. Notice of President of the United States, dated Nov. 10, 1999, 64 F.R. 61767. Notice of President of the United States, dated Nov. 12, 1998, 63 F.R. 63589. Notice of President of the United States, dated Nov. 12, 1997, 62 F.R. 60993. Notice of President of the United States, dated Nov. 12, 1996, 61 F.R. 58309. Notice of President of the United States, dated Nov. 8, 1995, 60 F.R. 57137. Ex. Ord. No. 13382, June 28, 2005, 70 F.R. 38567. COUNTRIES AND PERSONS THREATENING UNITED STATES EXPORT REGULATION UPON EXPIRATION OF THE EXPORT ADMINISTRATION ACT OF 1979 Ex. Ord. No. 12444, Oct. 14, 1983, 48 F.R. 48215, revoked by Ex. Ord. No. 12451, Dec. 20, 1983, 48 F.R. 56563. Ex. Ord. No. 12451, Dec. 20, 1983, 48 F.R. 56563. Ex. Ord. No. 12470, Mar. 30, 1984, 49 F.R. 13099, revoked by Ex. Ord. No. 12525, July 12, 1985, 50 F.R. 28757. Continuation of emergency declared by Ex. Ord. No. 12470 was contained in the following: Notice of President of the United States, dated Mar. 28, 1985, 50 F.R. 12513. Ex. Ord. No. 12525, July 12, 1985, 50 F.R. 28757. Ex. Ord. No. 12730, Sept. 30, 1990, 55 F.R. 40373, revoked by Ex. Ord. No. 12867, § 1, Sept. 30, 1993, 58 F.R. 51747. Continuations of national emergency declared by Ex. Ord. No. 12730 were contained in the following: Notice of President of the United States, dated Sept. 25, 1992, 57 F.R. 44649. Notice of President of the United States, dated Sept. 26, 1991, 56 F.R. 49385. Ex. Ord. No. 12867, Sept. 30, 1993, 58 F.R. 51747. Ex. Ord. No. 12923, June 30, 1994, 59 F.R. 34551, revoked by Ex. Ord. No. 12924, § 4, Aug. 19, 1994, 59 F.R. 43438. Ex. Ord. No. 12924, Aug. 19, 1994, 59 F.R. 43437, revoked by Ex. Ord. No. 13206, § 1, Apr. 4, 2001, 66 F.R. 18397. Continuations of national emergency declared by Ex. Ord. No. 12924 were contained in the following: Notice of President of the United States, dated Aug. 3, 2000, 65 F.R. 48347. Notice of President of the United States, dated Aug. 10, 1999, 64 F.R. 44101. Page 216 TITLE 50—WAR AND NATIONAL DEFENSE § 1701 Notice of President of the United States, dated Aug. 13, 1998, 63 F.R. 44121. Notice of President of the United States, dated Aug. 13, 1997, 62 F.R. 43629. Notice of President of the United States, dated Aug. 14, 1996, 61 F.R. 42527. Notice of President of the United States, dated Aug. 15, 1995, 60 F.R. 42767. Ex. Ord. No. 13206, Apr. 4, 2001, 66 F.R. 18397. Ex. Ord. No. 13222, Aug. 17, 2001, 66 F.R. 44025, as amended by Ex. Ord. No. 13637, § 5, Mar. 8, 2013, 78 F.R. 16131. Continuations of national emergency declared by Ex. Ord. No. 13222 were contained in the following: Notice of President of the United States, dated Aug. 13, 2024, 89 F.R. 66187. Notice of President of the United States, dated Aug. 14, 2023, 88 F.R. 55549. Notice of President of the United States, dated Aug. 4, 2022, 87 F.R. 48077. Notice of President of the United States, dated Aug. 6, 2021, 86 F.R. 43901. Notice of President of the United States, dated Aug. 13, 2020, 85 F.R. 49939. Notice of President of the United States, dated Aug. 14, 2019, 84 F.R. 41881. Notice of President of the United States, dated Aug. 8, 2018, 83 F.R. 39871. Notice of President of the United States, dated Aug. 15, 2017, 82 F.R. 39005. Notice of President of the United States, dated Aug. 4, 2016, 81 F.R. 52587. Notice of President of the United States, dated Aug. 7, 2015, 80 F.R. 48233. Notice of President of the United States, dated Aug. 7, 2014, 79 F.R. 46959. Notice of President of the United States, dated Aug. 8, 2013, 78 F.R. 49107. Notice of President of the United States, dated Aug. 15, 2012, 77 F.R. 49699. Notice of President of the United States, dated Aug. 12, 2011, 76 F.R. 50661. Notice of President of the United States, dated Aug. 12, 2010, 75 F.R. 50681. Notice of President of the United States, dated Aug. 13, 2009, 74 F.R. 41325. Notice of President of the United States, dated July 23, 2008, 73 F.R. 43603. Notice of President of the United States, dated Aug. 15, 2007, 72 F.R. 46137. Notice of President of the United States, dated Aug. 3, 2006, 71 F.R. 44551. Notice of President of the United States, dated Aug. 2, 2005, 70 F.R. 45273. Notice of President of the United States, dated Aug. 6, 2004, 69 F.R. 48763. Notice of President of the United States, dated Aug. 7, 2003, 68 F.R. 47833. Notice of President of the United States, dated Aug. 14, 2002, 67 F.R. 53721. DEMOCRATIC REPUBLIC OF THE CONGO Ex. Ord. No. 13413, Oct. 27, 2006, 71 F.R. 64105, as amended by Ex. Ord. No. 13671, §§ 1–3, July 8, 2014, 79 F.R. 39949, 39950. Continuations of national emergency declared by Ex. Ord. No. 13413 were contained in the following: Notice of President of the United States, dated Oct. 11, 2024, 89 F.R. 83419. Notice of President of the United States, dated Oct. 24, 2023, 88 F.R. 73753. Notice of President of the United States, dated Oct. 13, 2022, 87 F.R. 62975. Notice of President of the United States, dated Oct. 25, 2021, 86 F.R. 59277. Notice of President of the United States, dated Oct. 23, 2020, 85 F.R. 67963. Notice of President of the United States, dated Oct. 22, 2019, 84 F.R. 56927. Notice of President of the United States, dated Oct. 25, 2018, 83 F.R. 54227. Notice of President of the United States, dated Oct. 23, 2017, 82 F.R. 49275. Notice of President of the United States, dated Oct. 21, 2016, 81 F.R. 74277. Notice of President of the United States, dated Oct. 21, 2015, 80 F.R. 65119. Notice of President of the United States, dated Oct. 21, 2014, 79 F.R. 63495. Notice of President of the United States, dated Oct. 23, 2013, 78 F.R. 64151. Notice of President of the United States, dated Oct. 24, 2012, 77 F.R. 65251. Notice of President of the United States, dated Oct. 25, 2011, 76 F.R. 66599. Notice of President of the United States, dated Oct. 22, 2010, 75 F.R. 65935. Notice of President of the United States, dated Oct. 20, 2009, 74 F.R. 54741. Notice of President of the United States, dated Oct. 22, 2008, 73 F.R. 63619. Notice of President of the United States, dated Oct. 24, 2007, 72 F.R. 61045. Ex. Ord. No. 13671, July 8, 2014, 79 F.R. 39949. ETHIOPIA Ex. Ord. No. 14046, Sept. 17, 2021, 86 F.R. 52389. Continuations of national emergency declared by Ex. Ord. No. 14046 were contained in the following: Notice of President of the United States, dated Sept. 6, 2024, 89 F.R. 73251. Notice of President of the United States, dated Sept. 7, 2023, 88 F.R. 62435. Notice of President of the United States, dated Sept. 9, 2022, 87 F.R. 55899. HAITI Ex. Ord. No. 12775, Oct. 4, 1991, 56 F.R. 50641, revoked by Ex. Ord. No. 12932, Oct. 14, 1994, 59 F.R. 52403. Continuations of national emergency declared by Ex. Ord. No. 12775 were contained in the following: Notice of President of the United States, dated Sept. 30, 1994, 59 F.R. 50479. Notice of President of the United States, dated Sept. 30, 1993, 58 F.R. 51563. Notice of President of the United States, dated Sept. 30, 1992, 57 F.R. 45557. Ex. Ord. No. 12779, Oct. 28, 1991, 56 F.R. 55975, revoked by Ex. Ord. No. 12932, Oct. 14, 1994, 59 F.R. 52403. Ex. Ord. No. 12853, June 30, 1993, 58 F.R. 35843, revoked by Ex. Ord. No. 12932, Oct. 14, 1994, 59 F.R. 52403. Ex. Ord. No. 12872, Oct. 18, 1993, 58 F.R. 54029, revoked by Ex. Ord. No. 12932, Oct. 14, 1994, 59 F.R. 52403. Ex. Ord. No. 12914, May 7, 1994, 59 F.R. 24339, revoked by Ex. Ord. No. 12932, Oct. 14, 1994, 59 F.R. 52403. Ex. Ord. No. 12917, May 21, 1994, 59 F.R. 26925, revoked by Ex. Ord. No. 12932, Oct. 14, 1994, 59 F.R. 52403. Ex. Ord. No. 12920, June 10, 1994, 59 F.R. 30501, revoked by Ex. Ord. No. 12932, Oct. 14, 1994, 59 F.R. 52403. Ex. Ord. No. 12922, June 21, 1994, 59 F.R. 32645, revoked by Ex. Ord. No. 12932, Oct. 14, 1994, 59 F.R. 52403. Ex. Ord. No. 12932, Oct. 14, 1994, 59 F.R. 52403. INFORMATION AND COMMUNICATIONS TECHNOLOGY AND SERVICES Ex. Ord. No. 13873, May 15, 2019, 84 F.R. 22689. Continuations of national emergency declared by Ex. Ord. No. 13873 were contained in the following: Notice of President of the United States, dated May 8, 2024, 89 F.R. 40353. Notice of President of the United States, dated May 10, 2023, 88 F.R. 30635. Notice of President of the United States, dated May 12, 2022, 87 F.R. 29645. Notice of President of the United States, dated May 11, 2021, 86 F.R. 26339. Page 217 TITLE 50—WAR AND NATIONAL DEFENSE § 1701 Notice of President of the United States, dated May 13, 2020, 85 F.R. 29321. Ex. Ord. No. 13942, Aug. 6, 2020, 85 F.R. 48637, revoked by Ex. Ord. No. 14034, § 1, June 9, 2021, 86 F.R. 31424. Ex. Ord. No. 13943, Aug. 6, 2020, 85 F.R. 48641, revoked by Ex. Ord. No. 14034, § 1, June 9, 2021, 86 F.R. 31424. Ex. Ord. No. 13971, Jan. 5, 2021, 86 F.R. 1249, revoked by Ex. Ord. No. 14034, § 1, June 9, 2021, 86 F.R. 31424. Ex. Ord. No. 14034, June 9, 2021, 86 F.R. 31423. Ex. Ord. No. 14117, Feb. 28, 2024, 89 F.R. 15421. INTERNATIONAL CRIMINAL COURT Ex. Ord. No. 13928, June 11, 2020, 85 F.R. 36139, revoked by Ex. Ord. No. 14022, Apr. 1, 2021, 86 F.R. 17895. IRAN Ex. Ord. No. 12170, Nov. 14, 1979, 44 F.R. 65729. Continuations of national emergency declared by Ex. Ord. No. 12170 were contained in the following: Notice of President of the United States, dated Nov. 1, 2024, 89 F.R. 87761. Notice of President of the United States, dated Nov. 7, 2023, 88 F.R. 77489. Notice of President of the United States, dated Nov. 8, 2022, 87 F.R. 68013. Notice of President of the United States, dated Nov. 9, 2021, 86 F.R. 62709. Notice of President of the United States, dated Nov. 12, 2020, 85 F.R. 72895. Notice of President of the United States, dated Nov. 12, 2019, 84 F.R. 61815. Notice of President of the United States, dated Nov. 8, 2018, 83 F.R. 56251. Notice of President of the United States, dated Nov. 6, 2017, 82 F.R. 51969. Notice of President of the United States, dated Nov. 3, 2016, 81 F.R. 78495. Notice of President of the United States, dated Nov. 10, 2015, 80 F.R. 70663. Notice of President of the United States, dated Nov. 12, 2014, 79 F.R. 68091. Notice of President of the United States, dated Nov. 12, 2013, 78 F.R. 68323. Notice of President of the United States, dated Nov. 9, 2012, 77 F.R. 67741. Notice of President of the United States, dated Nov. 7, 2011, 76 F.R. 70035. Notice of President of the United States, dated Nov. 10, 2010, 75 F.R. 69569. Notice of President of the United States, dated Nov. 12, 2009, 74 F.R. 58841. Notice of President of the United States, dated Nov. 10, 2008, 73 F.R. 67357. Notice of President of the United States, dated Nov. 8, 2007, 72 F.R. 63965. Notice of President of the United States, dated Nov. 9, 2006, 71 F.R. 66227. Notice of President of the United States, dated Nov. 9, 2005, 70 F.R. 69039. Notice of President of the United States, dated Nov. 9, 2004, 69 F.R. 65513. Notice of President of the United States, dated Nov. 12, 2003, 68 F.R. 64489. Notice of President of the United States, dated Nov. 12, 2002, 67 F.R. 68929. Notice of President of the United States, dated Nov. 9, 2001, 66 F.R. 56966. Notice of President of the United States, dated Nov. 9, 2000, 65 F.R. 68061. Notice of President of the United States, dated Nov. 5, 1999, 64 F.R. 61471. Notice of President of the United States, dated Nov. 9, 1998, 63 F.R. 63125. Notice of President of the United States, dated Sept. 30, 1997, 62 F.R. 51591. Notice of President of the United States, dated Oct. 29, 1996, 61 F.R. 56107. Notice of President of the United States, dated Oct. 31, 1995, 60 F.R. 55651. Notice of President of the United States, dated Oct. 31, 1994, 59 F.R. 54785. Notice of President of the United States, dated Nov. 1, 1993, 58 F.R. 58639. Notice of President of the United States, dated Oct. 25, 1992, 57 F.R. 48719. Notice of President of the United States, dated Nov. 12, 1991, 56 F.R. 57791. Notice of President of the United States, dated Nov. 9, 1990, 55 F.R. 47453. Notice of President of the United States, dated Oct. 30, 1989, 54 F.R. 46043. Notice of President of the United States, dated Nov. 8, 1988, 53 F.R. 45750. Notice of President of the United States, dated Nov. 10, 1987, 52 F.R. 43549. Notice of President of the United States, dated Nov. 10, 1986, 51 F.R. 41067. Notice of President of the United States, dated Nov. 1, 1985, 50 F.R. 45901. Notice of President of the United States, dated Nov. 7, 1984, 49 F.R. 44741. Notice of President of the United States, dated Nov. 8, 1982, 47 F.R. 50841. Ex. Ord. No. 12205, Apr. 7, 1980, 45 F.R. 24099, as amended by Ex. Ord. No. 12211, Apr. 17, 1980, 45 F.R. 26685, of which provisions related to prohibitions con- tained therein were revoked by Ex. Ord. No. 12282, Jan. 19, 1981, 46 F.R. 7925. Ex. Ord. No. 12211, Apr. 17, 1980, 45 F.R. 26685, of which provisions related to prohibitions contained therein were revoked by Ex. Ord. No. 12282, Jan. 19, 1981, 46 F.R. 7925. Ex. Ord. No. 12276, Jan. 19, 1981, 46 F.R. 7913. Ex. Ord. No. 12277, Jan. 19, 1981, 46 F.R. 7915. Ex. Ord. No. 12278, Jan. 19, 1981, 46 F.R. 7917. Ex. Ord. No. 12279, Jan. 19, 1981, 46 F.R. 7919. Ex. Ord. No. 12280, Jan. 19, 1981, 46 F.R. 7921. Ex. Ord. No. 12281, Jan. 19, 1981, 46 F.R. 7923. Ex. Ord. No. 12282, Jan. 19, 1981, 46 F.R. 7925. Ex. Ord. No. 12283, Jan. 19, 1981, 46 F.R. 7927. Ex. Ord. No. 12284, Jan. 19, 1981, 46 F.R. 7929. Ex. Ord. No. 12285, Jan. 19, 1981, 46 F.R. 7931, as amended by Ex. Ord. No. 12307, June 4, 1981, 46 F.R. 30483; Ex. Ord. No. 12317, Aug. 14, 1981, 46 F.R. 42241, re- voked by Ex. Ord. No. 12379, § 21, Aug. 17, 1982, 47 F.R. 36100, listed in a table under section 1013 of Title 5, Gov- ernment Organization and Employees. Ex. Ord. No. 12294, Feb. 24, 1981, 46 F.R. 14111. Ex. Ord. No. 12613, Oct. 29, 1987, 52 F.R. 41940, revoked by Ex. Ord. No. 13059, § 7, Aug. 19, 1997, 62 F.R. 44533. Ex. Ord. No. 12957, Mar. 15, 1995, 60 F.R. 14615, sections 1 and 2 of which were revoked by Ex. Ord. No. 12959, § 5, May 6, 1995, 60 F.R. 24758, to the extent inconsistent with Ex. Ord. No. 12959. Continuations of national emergency declared by Ex. Ord. No. 12957 were contained in the following: Notice of President of the United States, dated Mar. 12, 2024, 89 F.R. 18527. Notice of President of the United States, dated Mar. 10, 2023, 88 F.R. 15595. Notice of President of the United States, dated Mar. 3, 2022, 87 F.R. 12555. Notice of President of the United States, dated Mar. 5, 2021, 86 F.R. 13621. Notice of President of the United States, dated Mar. 12, 2020, 85 F.R. 14731. Notice of President of the United States, dated Mar. 12, 2019, 84 F.R. 9219. Notice of President of the United States, dated Mar. 12, 2018, 83 F.R. 11393. Notice of President of the United States, dated Jan. 13, 2017, 82 F.R. 6187. Notice of President of the United States, dated Mar. 9, 2016, 81 F.R. 12793. Notice of President of the United States, dated Mar. 11, 2015, 80 F.R. 13471. Notice of President of the United States, dated Mar. 12, 2014, 79 F.R. 14607. Page 218 TITLE 50—WAR AND NATIONAL DEFENSE § 1701 Notice of President of the United States, dated Mar. 12, 2013, 78 F.R. 16397. Notice of President of the United States, dated Mar. 13, 2012, 77 F.R. 15229. Notice of President of the United States, dated Mar. 8, 2011, 76 F.R. 13283. Notice of President of the United States, dated Mar. 10, 2010, 75 F.R. 12117. Notice of President of the United States, dated Mar. 11, 2009, 74 F.R. 10999. Notice of President of the United States, dated Mar. 11, 2008, 73 F.R. 13727. Notice of President of the United States, dated Mar. 8, 2007, 72 F.R. 10883. Notice of President of the United States, dated Mar. 13, 2006, 71 F.R. 13241. Notice of President of the United States, dated Mar. 10, 2005, 70 F.R. 12581. Notice of President of the United States, dated Mar. 10, 2004, 69 F.R. 12051. Notice of President of the United States, dated Mar. 12, 2003, 68 F.R. 12563. Notice of President of the United States, dated Mar. 13, 2002, 67 F.R. 11553. Notice of President of the United States, dated Mar. 13, 2001, 66 F.R. 15013. Notice of President of the United States, dated Mar. 13, 2000, 65 F.R. 13863. Notice of President of the United States, dated Mar. 10, 1999, 64 F.R. 12239. Notice of President of the United States, dated Mar. 4, 1998, 63 F.R. 11099. Notice of President of the United States, dated Mar. 5, 1997, 62 F.R. 10409. Notice of President of the United States, dated Mar. 8, 1996, 61 F.R. 9897. Ex. Ord. No. 12959, May 6, 1995, 60 F.R. 24757, as amended by Ex. Ord. No. 13059, § 7, Aug. 19, 1997, 62 F.R. 44533. Ex. Ord. No. 13059, Aug. 19, 1997, 62 F.R. 44531. Ex. Ord. No. 13553, Sept. 28, 2010, 75 F.R. 60567. Ex. Ord. No. 13574, May 23, 2011, 76 F.R. 30505, revoked by Ex. Ord. No. 13716, § 1(a), Jan. 16, 2016, 81 F.R. 3693. Ex. Ord. No. 13590, Nov. 20, 2011, 76 F.R. 72609, revoked by Ex. Ord. No. 13716, § 1(b), Jan. 16, 2016, 81 F.R. 3694. Ex. Ord. No. 13599, Feb. 5, 2012, 77 F.R. 6659. Ex. Ord. No. 13606, Apr. 22, 2012, 77 F.R. 24571. Ex. Ord. No. 13608, May 1, 2012, 77 F.R. 26409. Ex. Ord. No. 13622, July 30, 2012, 77 F.R. 45897, as amended by Ex. Ord. No. 13628, § 15, Oct. 9, 2012, 77 F.R. 62144; Ex. Ord. No. 13645, § 16, June 3, 2013, 78 F.R. 33952; revoked by Ex. Ord. No. 13716, § 1(c), Jan. 16, 2016, 81 F.R. 3694. Ex. Ord. No. 13628, Oct. 9, 2012, 77 F.R. 62139, as amended by Ex. Ord. No. 13716, § 2, Jan. 16, 2016, 81 F.R. 3694, revoked by Ex. Ord. No. 13846, § 9(a), Aug. 6, 2018, 83 F.R. 38945. Ex. Ord. No. 13645, June 3, 2013, 78 F.R. 33945, revoked by Ex. Ord. No. 13716, § 1(d), Jan. 16, 2016, 81 F.R. 3694. Ex. Ord. No. 13846, Aug. 6, 2018, 83 F.R. 38939. Ex. Ord. No. 13871, May 8, 2019, 84 F.R. 20761. Ex. Ord. No. 13876, June 24, 2019, 84 F.R. 30573. Ex. Ord. No. 13902, Jan. 10, 2020, 85 F.R. 2003. Ex. Ord. No. 13949, Sept. 21, 2020, 85 F.R. 60043. IRAQ Ex. Ord. No. 12722, Aug. 2, 1990, 55 F.R. 31803, revoked by Ex. Ord. No. 12724, § 6, Aug. 9, 1990, 55 F.R. 33090, to the extent inconsistent with Ex. Ord. No. 12724, and by Ex. Ord. No. 13350, July 29, 2004, 69 F.R. 46055. Continuations of national emergency declared by Ex. Ord. No. 12722 were contained in the following: Notice of President of the United States, dated July 31, 2003, 68 F.R. 45739. Notice of President of the United States, dated July 30, 2002, 67 F.R. 50341. Notice of President of the United States, dated July 31, 2001, 66 F.R. 40105. Notice of President of the United States, dated July 28, 2000, 65 F.R. 47241. Notice of President of the United States, dated July 20, 1999, 64 F.R. 39897. Notice of President of the United States, dated July 28, 1998, 63 F.R. 41175. Notice of President of the United States, dated July 31, 1997, 62 F.R. 41803. Notice of President of the United States, dated July 22, 1996, 61 F.R. 38561. Notice of President of the United States, dated July 28, 1995, 60 F.R. 39099. Notice of President of the United States, dated July 19, 1994, 59 F.R. 37151. Notice of President of the United States, dated July 20, 1993, 58 F.R. 39111. Notice of President of the United States, dated July 21, 1992, 57 F.R. 32875. Notice of President of the United States, dated July 26, 1991, 56 F.R. 35995. Ex. Ord. No. 12724, Aug. 9, 1990, 55 F.R. 33089, revoked by Ex. Ord. No. 13350, July 29, 2004, 69 F.R. 46055. Ex. Ord. No. 12817, Oct. 21, 1992, 57 F.R. 48433, revoked by Ex. Ord. No. 13350, July 29, 2004, 69 F.R. 46055. Ex. Ord. No. 13303, May 22, 2003, 68 F.R. 31931, as amended by Ex. Ord. No. 13364, § 1, Nov. 29, 2004, 69 F.R. 70177. Continuations of national emergency declared by Ex. Ord. No. 13303 were contained in the following: Notice of President of the United States, dated May 20, 2024, 89 F.R. 44899. Notice of President of the United States, dated May 16, 2023, 88 F.R. 31601. Notice of President of the United States, dated May 9, 2022, 87 F.R. 29021. Notice of President of the United States, dated May 6, 2021, 86 F.R. 25797. Notice of President of the United States, dated May 20, 2020, 85 F.R. 31033. Notice of President of the United States, dated May 20, 2019, 84 F.R. 23437. Notice of President of the United States, dated May 18, 2018, 83 F.R. 23573. Notice of President of the United States, dated May 16, 2017, 82 F.R. 22877. Notice of President of the United States, dated May 18, 2016, 81 F.R. 32219. Notice of President of the United States, dated May 19, 2015, 80 F.R. 29527. Notice of President of the United States, dated May 19, 2014, 79 F.R. 29069. Notice of President of the United States, dated May 17, 2013, 78 F.R. 30195. Notice of President of the United States, dated May 18, 2012, 77 F.R. 30183. Notice of President of the United States, dated May 17, 2011, 76 F.R. 29141. Notice of President of the United States, dated May 12, 2010, 75 F.R. 27399. Notice of President of the United States, dated May 19, 2009, 74 F.R. 23935. Notice of President of the United States, dated May 20, 2008, 73 F.R. 29683. Notice of President of the United States, dated May 18, 2007, 72 F.R. 28581. Notice of President of the United States, dated May 18, 2006, 71 F.R. 29237. Notice of President of the United States, dated May 19, 2005, 70 F.R. 29435. Notice of President of the United States, dated May 20, 2004, 69 F.R. 29409. Ex. Ord. No. 13315, Aug. 28, 2003, 68 F.R. 52315, as amended by Ex. Ord. No. 13350, July 29, 2004, 69 F.R. 46055. Ex. Ord. No. 13350, July 29, 2004, 69 F.R. 46055. Ex. Ord. No. 13364, Nov. 29, 2004, 69 F.R. 70177. Ex. Ord. No. 13438, July 17, 2007, 72 F.R. 39719. Ex. Ord. No. 13668, May 27, 2014, 79 F.R. 31019. KUWAIT Ex. Ord. No. 12723, Aug. 2, 1990, 55 F.R. 31805, revoked by Ex. Ord. No. 12771, July 25, 1991, 56 F.R. 35993. Page 219 TITLE 50—WAR AND NATIONAL DEFENSE § 1701 Ex. Ord. No. 12725, Aug. 9, 1990, 55 F.R. 33091, revoked by Ex. Ord. No. 12771, July 25, 1991, 56 F.R. 35993. Ex. Ord. No. 12771, July 25, 1991, 56 F.R. 35993. LEBANON Ex. Ord. No. 13441, Aug. 1, 2007, 72 F.R. 43499. Continuations of national emergency declared by Ex. Ord. No. 13441 were contained in the following: Notice of President of the United States, dated July 29, 2024, 89 F.R. 62651. Notice of President of the United States, dated July 21, 2023, 88 F.R. 48025. Notice of President of the United States, dated July 28, 2022, 87 F.R. 46881. Notice of President of the United States, dated July 20, 2021, 86 F.R. 38901. Notice of President of the United States, dated July 29, 2020, 85 F.R. 45965. Notice of President of the United States, dated July 30, 2019, 84 F.R. 37561. Notice of President of the United States, dated July 27, 2018, 83 F.R. 37415. Notice of President of the United States, dated July 28, 2017, 82 F.R. 35621. Notice of President of the United States, dated July 27, 2016, 81 F.R. 50281. Notice of President of the United States, dated July 29, 2015, 80 F.R. 45839. Notice of President of the United States, dated July 29, 2014, 79 F.R. 44259. Notice of President of the United States, dated July 29, 2013, 78 F.R. 46489. Notice of President of the United States, dated July 24, 2012, 77 F.R. 43707. Notice of President of the United States, dated July 28, 2011, 76 F.R. 45653. Notice of President of the United States, dated July 29, 2010, 75 F.R. 45045. Notice of President of the United States, dated July 30, 2009, 74 F.R. 38321. Notice of President of the United States, dated July 30, 2008, 73 F.R. 44895. LIBERIA Ex. Ord. No. 13213, May 22, 2001, 66 F.R. 28829, as amended by Ex. Ord. No. 13312, § 3(d), July 29, 2003, 68 F.R. 45152, revoked by Ex. Ord. No. 13324, Jan. 15, 2004, 69 F.R. 2823. Ex. Ord. No. 13324, Jan. 15, 2004, 69 F.R. 2823. Ex. Ord. No. 13348, July 22, 2004, 69 F.R. 44885, revoked by Ex. Ord. No. 13710, Nov. 12, 2015, 80 F.R. 71679. Continuations of national emergency declared by Ex. Ord. No. 13348 were contained in the following: Notice of President of the United States, dated July 17, 2015, 80 F.R. 43297. Notice of President of the United States, dated July 15, 2014, 79 F.R. 41875. Notice of President of the United States, dated July 17, 2013, 78 F.R. 43751. Notice of President of the United States, dated July 17, 2012, 77 F.R. 42415, 45469. Notice of President of the United States, dated July 20, 2011, 76 F.R. 43801. Notice of President of the United States, dated July 19, 2010, 75 F.R. 42281. Notice of President of the United States, dated July 16, 2009, 74 F.R. 35763. Notice of President of the United States, dated July 16, 2008, 73 F.R. 42255. Notice of President of the United States, dated July 19, 2007, 72 F.R. 40059. Notice of President of the United States, dated July 18, 2006, 71 F.R. 41093. Notice of President of the United States, dated July 19, 2005, 70 F.R. 41935. Ex. Ord. No. 13710, Nov. 12, 2015, 80 F.R. 71679. LIBYA Ex. Ord. No. 12543, Jan. 7, 1986, 51 F.R. 875, revoked by Ex. Ord. No. 13357, Sept. 20, 2004, 69 F.R. 56665. Continuations of national emergency declared by Ex. Ord. No. 12543 were contained in the following: Notice of President of the United States, dated Jan. 5, 2004, 69 F.R. 847. Notice of President of the United States, dated Jan. 2, 2003, 68 F.R. 661. Notice of President of the United States, dated Jan. 3, 2002, 67 F.R. 637. Notice of President of the United States, dated Jan. 4, 2001, 66 F.R. 1251. Notice of President of the United States, dated Dec. 29, 1999, 65 F.R. 1999. Notice of President of the United States, dated Dec. 30, 1998, 64 F.R. 383. Notice of President of the United States, dated Jan. 2, 1998, 63 F.R. 653. Notice of President of the United States, dated Jan. 2, 1997, 62 F.R. 587. Notice of President of the United States, dated Jan. 3, 1996, 61 F.R. 383. Notice of President of the United States, dated Dec. 22, 1994, 59 F.R. 67119. Notice of President of the United States, dated Dec. 2, 1993, 58 F.R. 64361. Notice of President of the United States, dated Dec. 14, 1992, 57 F.R. 59895. Notice of President of the United States, dated Dec. 26, 1991, 56 F.R. 67465. Notice of President of the United States, dated Jan. 2, 1991, 56 F.R. 477. Notice of President of the United States, dated Jan. 4, 1990, 55 F.R. 589. Notice of President of the United States, dated Dec. 28, 1988, 53 F.R. 52971. Notice of President of the United States, dated Dec. 15, 1987, 52 F.R. 47891. Notice of President of the United States, dated Dec. 23, 1986, 51 F.R. 46849. Ex. Ord. No. 12544, Jan. 8, 1986, 51 F.R. 1235, revoked by Ex. Ord. No. 13357, Sept. 20, 2004, 69 F.R. 56665. Ex. Ord. No. 12801, Apr. 15, 1992, 57 F.R. 14319, revoked by Ex. Ord. No. 13357, Sept. 20, 2004, 69 F.R. 56665. Ex. Ord. No. 13357, Sept. 20, 2004, 69 F.R. 56665. Ex. Ord. No. 13566, Feb. 25, 2011, 76 F.R. 11315. Continuations of national emergency declared by Ex. Ord. No. 13566 were contained in the following: Notice of President of the United States, dated Feb. 21, 2024, 89 F.R. 13969. Notice of President of the United States, dated Feb. 17, 2023, 88 F.R. 10823. Notice of President of the United States, dated Feb. 22, 2022, 87 F.R. 10681. Notice of President of the United States, dated Feb. 11, 2021, 86 F.R. 9835. Notice of President of the United States, dated Feb. 20, 2020, 85 F.R. 10553. Notice of President of the United States, dated Feb. 19, 2019, 84 F.R. 5581. Notice of President of the United States, dated Feb. 9, 2018, 83 F.R. 6105. Notice of President of the United States, dated Jan. 13, 2017, 82 F.R. 6189. Notice of President of the United States, dated Feb. 22, 2016, 81 F.R. 9329. Notice of President of the United States, dated Feb. 23, 2015, 80 F.R. 9983. Notice of President of the United States, dated Feb. 20, 2014, 79 F.R. 10329. Notice of President of the United States, dated Feb. 13, 2013, 78 F.R. 11549. Notice of President of the United States, dated Feb. 23, 2012, 77 F.R. 11381. Ex. Ord. No. 13726, Apr. 19, 2016, 81 F.R. 23559. MALI Ex. Ord. No. 13882, July 26, 2019, 84 F.R. 37055. Continuations of national emergency declared by Ex. Ord. No. 13882 were contained in the following: Page 220 TITLE 50—WAR AND NATIONAL DEFENSE § 1701 Notice of President of the United States, dated July 16, 2024, 89 F.R. 58615. Notice of President of the United States, dated July 21, 2023, 88 F.R. 48027. Notice of President of the United States, dated July 22, 2022, 87 F.R. 44263. Notice of President of the United States, dated July 20, 2021, 86 F.R. 38903. Notice of President of the United States, dated July 23, 2020, 85 F.R. 45055. NATIONAL SECURITY TECHNOLOGIES AND PRODUCTS IN COUNTRIES OF CONCERN Ex. Ord. No. 14105, Aug. 9, 2023, 88 F.R. 54867. Continuation of national emergency declared by Ex. Ord. No. 14105 was contained in the following: Notice of President of the United States, dated Aug. 6, 2024, 89 F.R. 65163. NICARAGUA Ex. Ord. No. 12513, May 1, 1985, 50 F.R. 18629, revoked by Ex. Ord. No. 12707, Mar. 13, 1990, 55 F.R. 9707. Continuations of national emergency declared by Ex. Ord. No. 12513 were contained in the following: Notice of President of the United States, dated Apr. 21, 1989, 54 F.R. 17701. Notice of President of the United States, dated Apr. 25, 1988, 53 F.R. 15011. Notice of President of the United States, dated Apr. 21, 1987, 52 F.R. 13425. Notice of President of the United States, dated Apr. 22, 1986, 51 F.R. 15461. Ex. Ord. No. 12707, Mar. 13, 1990, 55 F.R. 9707. Ex. Ord. No. 13851, Nov. 27, 2018, 83 F.R. 61505, as amended by Ex. Ord. No. 14088, Oct. 24, 2022, 87 F.R. 64685. Continuations of national emergency declared by Ex. Ord. No. 13851 were contained in the following: Notice of President of the United States, dated Nov. 22, 2024, 89 F.R. 93459. Notice of President of the United States, dated Nov. 16, 2023, 88 F.R. 80549. Notice of President of the United States, dated Nov. 10, 2022, 87 F.R. 68589. Notice of President of the United States, dated Nov. 16, 2021, 86 F.R. 64793. Notice of President of the United States, dated Nov. 24, 2020, 85 F.R. 75831. Notice of President of the United States, dated Nov. 25, 2019, 84 F.R. 65255. NORTH KOREA Ex. Ord. No. 13466, June 26, 2008, 73 F.R. 36787. Continuations of national emergency declared by Ex. Ord. No. 13466 were contained in the following: Notice of President of the United States, dated June 13, 2024, 89 F.R. 51199. Notice of President of the United States, dated June 20, 2023, 88 F.R. 40681. Notice of President of the United States, dated June 13, 2022, 87 F.R. 36049. Notice of President of the United States, dated June 21, 2021, 86 F.R. 33075. Notice of President of the United States, dated June 17, 2020, 85 F.R. 37329. Notice of President of the United States, dated June 21, 2019, 84 F.R. 29793. Notice of President of the United States, dated June 22, 2018, 83 F.R. 29661. Notice of President of the United States, dated June 21, 2017, 82 F.R. 28743. Notice of President of the United States, dated June 21, 2016, 81 F.R. 40775. Notice of President of the United States, dated June 22, 2015, 80 F.R. 36461. Notice of President of the United States, dated June 20, 2014, 79 F.R. 35909. Notice of President of the United States, dated June 21, 2013, 78 F.R. 38193. Notice of President of the United States, dated June 18, 2012, 77 F.R. 37263. Notice of President of the United States, dated June 23, 2011, 76 F.R. 37237. Notice of President of the United States, dated June 14, 2010, 75 F.R. 34317. Notice of President of the United States, dated June 24, 2009, 74 F.R. 30457. Ex. Ord. No. 13551, Aug. 30, 2010, 75 F.R. 53837. Ex. Ord. No. 13570, Apr. 18, 2011, 76 F.R. 22291. Ex. Ord. No. 13687, Jan. 2, 2015, 80 F.R. 819. Ex. Ord. No. 13722, Mar. 15, 2016, 81 F.R. 14943. Ex. Ord. No. 13810, Sept. 20, 2017, 82 F.R. 44705. PANAMA Ex. Ord. No. 12635, Apr. 8, 1988, 53 F.R. 12134, revoked by Ex. Ord. No. 12710, Apr. 5, 1990, 55 F.R. 13099. Continuation of national emergency declared by Ex. Ord. No. 12635 was contained in the following: Notice of President of the United States, dated Apr. 6, 1989, 54 F.R. 14197. Ex. Ord. No. 12710, Apr. 5, 1990, 55 F.R. 13099. PERSONS ENGAGING IN SIGNIFICANT MALICIOUS CYBER- ENABLED ACTIVITIES Ex. Ord. No. 13694, Apr. 1, 2015, 80 F.R. 18077, as amended by Ex. Ord. No. 13757, §§ 1–3, Dec. 28, 2016, 82 F.R. 1, 2; Ex. Ord. No. 13984, § 6, Jan. 19, 2021, 86 F.R. 6841. Continuations of national emergency declared by Ex. Ord. No. 13694 were contained in the following: Notice of President of the United States, dated Mar. 26, 2024, 89 F.R. 21427. Notice of President of the United States, dated Mar. 30, 2022, 87 F.R. 18963. Notice of President of the United States, dated Mar. 29, 2021, 86 F.R. 16663. Notice of President of the United States, dated Mar. 30, 2020, 85 F.R. 18103. Notice of President of the United States, dated Mar. 26, 2019, 84 F.R. 11877. Notice of President of the United States, dated Mar. 27, 2018, 83 F.R. 13371. Notice of President of the United States, dated Mar. 29, 2017, 82 F.R. 16099. Notice of President of the United States, dated Mar. 29, 2016, 81 F.R. 18737. PERSONS INVOLVED IN SERIOUS HUMAN RIGHTS ABUSE OR CORRUPTION Ex. Ord. No. 13818, Dec. 20, 2017, 82 F.R. 60839. Continuations of national emergency declared by Ex. Ord. No. 13818 were contained in the following: Notice of President of the United States, dated Dec. 11, 2024, 89 F.R. 100717. Notice of President of the United States, dated Dec. 18, 2023, 88 F.R. 87891. Notice of President of the United States, dated Dec. 12, 2022, 87 F.R. 76547. Notice of President of the United States, dated Dec. 16, 2021, 86 F.R. 71791. Notice of President of the United States, dated Dec. 16, 2020, 85 F.R. 82869. Notice of President of the United States, dated Dec. 18, 2019, 84 F.R. 69981. Notice of President of the United States, dated Dec. 18, 2018, 83 F.R. 65277. PERSONS INVOLVED IN THE GLOBAL ILLICIT DRUG TRADE Ex. Ord. No. 14059, Dec. 15, 2021, 86 F.R. 71549. Continuations of national emergency declared by Ex. Ord. No. 14059 were contained in the following: Notice of President of the United States, dated Dec. 11, 2024, 89 F.R. 100719. Page 221 TITLE 50—WAR AND NATIONAL DEFENSE § 1701 Notice of President of the United States, dated Dec. 13, 2023, 88 F.R. 86809. Notice of President of the United States, dated Dec. 12, 2022, 87 F.R. 76549. RUSSIA Ex. Ord. No. 13159, June 21, 2000, 65 F.R. 39279. Continuations of national emergency declared by Ex. Ord. No. 13159 were contained in the following: Notice of President of the United States, dated June 18, 2012, 77 F.R. 37261. Notice of President of the United States, dated June 17, 2011, 76 F.R. 35955. Notice of President of the United States, dated June 17, 2010, 75 F.R. 34921. Notice of President of the United States, dated June 18, 2009, 74 F.R. 29391. Notice of President of the United States, dated June 18, 2008, 73 F.R. 35335. Notice of President of the United States, dated June 19, 2007, 72 F.R. 34159. Notice of President of the United States, dated June 19, 2006, 71 F.R. 35489. Notice of President of the United States, dated June 17, 2005, 70 F.R. 35507. Notice of President of the United States, dated June 16, 2004, 69 F.R. 34047. Notice of President of the United States, dated June 10, 2003, 68 F.R. 35149. Notice of President of the United States, dated June 18, 2002, 67 F.R. 42181. Notice of President of the United States, dated June 11, 2001, 66 F.R. 32207. Ex. Ord. No. 13617, June 25, 2012, 77 F.R. 38459, revoked by Ex. Ord. No. 13695, May 26, 2015, 80 F.R. 30331. Continuations of national emergency declared by Ex. Ord. No. 13617 were contained in the following: Notice of President of the United States, dated June 19, 2014, 79 F.R. 35679. Notice of President of the United States, dated June 20, 2013, 78 F.R. 37925. Ex. Ord. No. 13695, May 26, 2015, 80 F.R. 30331. Ex. Ord. No. 14024, Apr. 15, 2021, 86 F.R. 20249, as amended by Ex. Ord. No. 14114, §§ 1, 2, Dec. 22, 2023, 88 F.R. 89271, 89272. Continuations of national emergency declared by Ex. Ord. No. 14024 were contained in the following: Notice of President of the United States, dated Apr. 9, 2024, 89 F.R. 25495. Notice of President of the United States, dated Apr. 7, 2023, 88 F.R. 21457. Notice of President of the United States, dated Apr. 13, 2022, 87 F.R. 22431. Ex. Ord. No. 14066, Mar. 8, 2022, 87 F.R. 13625. Ex. Ord. No. 14068, Mar. 11, 2022, 87 F.R. 14381, as amended by Ex. Ord. No. 14114, § 3, Dec. 22, 2023, 88 F.R. 89272. Ex. Ord. No. 14071, Apr. 6, 2022, 87 F.R. 20999. SIERRA LEONE Ex. Ord. No. 13194, Jan. 18, 2001, 66 F.R. 7389, as amended by Ex. Ord. No. 13312, § 3(a)–(c), July 29, 2003, 68 F.R. 45152, revoked by Ex. Ord. No. 13324, Jan. 15, 2004, 69 F.R. 2823. Continuations of national emergency declared by Ex. Ord. No. 13194 were contained in the following: Notice of President of the United States, dated Jan. 16, 2003, 68 F.R. 2677. Notice of President of the United States, dated Jan. 15, 2002, 67 F.R. 2547. Ex. Ord. No. 13213, May 22, 2001, 66 F.R. 28829, as amended by Ex. Ord. No. 13312, § 3(d), July 29, 2003, 68 F.R. 45152, revoked by Ex. Ord. No. 13324, Jan. 15, 2004, 69 F.R. 2823. Ex. Ord. No. 13324, Jan. 15, 2004, 69 F.R. 2823. SOMALIA Ex. Ord. No. 13536, Apr. 12, 2010, 75 F.R. 19869, as amended by Ex. Ord. No. 13620, § 1, July 20, 2012, 77 F.R. 43483. Continuations of national emergency declared by Ex. Ord. No. 13536 were contained in the following: Notice of President of the United States, dated Apr. 9, 2024, 89 F.R. 25493. Notice of President of the United States, dated Apr. 7, 2023, 88 F.R. 21455. Notice of President of the United States, dated Mar. 30, 2022, 87 F.R. 19343. Notice of President of the United States, dated Apr. 1, 2021, 86 F.R. 17673. Notice of President of the United States, dated Apr. 3, 2020, 85 F.R. 19373. Notice of President of the United States, dated Apr. 10, 2019, 84 F.R. 14843. Notice of President of the United States, dated Apr. 4, 2018, 83 F.R. 14731. Notice of President of the United States, dated Apr. 6, 2017, 82 F.R. 17095. Notice of President of the United States, dated Apr. 4, 2016, 81 F.R. 20217. Notice of President of the United States, dated Apr. 8, 2015, 80 F.R. 19193. Notice of President of the United States, dated Apr. 7, 2014, 79 F.R. 19803. Notice of President of the United States, dated Apr. 4, 2013, 78 F.R. 21013. Notice of President of the United States, dated Apr. 7, 2011, 76 F.R. 19897. Ex. Ord. No. 13620, July 20, 2012, 77 F.R. 43483. SOUTH AFRICA Ex. Ord. No. 12532, Sept. 9, 1985, 50 F.R. 36861, revoked by Ex. Ord. No. 12769, § 4, July 10, 1991, 56 F.R. 31855. Continuation of national emergency declared by Ex. Ord. No. 12532 was contained in the following: Notice of President of the United States, dated Sept. 4, 1986, 51 F.R. 31925. Ex. Ord. No. 12535, Oct. 1, 1985, 50 F.R. 40325, revoked by Ex. Ord. No. 12769, § 4, July 10, 1991, 56 F.R. 31855. SOUTH SUDAN Ex. Ord. No. 13664, Apr. 3, 2014, 79 F.R. 19283. Continuations of national emergency declared by Ex. Ord. No. 13664 were contained in the following: Notice of President of the United States, dated Mar. 26, 2024, 89 F.R. 21429. Notice of President of the United States, dated Mar. 30, 2022, 87 F.R. 18965. Notice of President of the United States, dated Mar. 29, 2021, 86 F.R. 16665. Notice of President of the United States, dated Apr. 1, 2020, 85 F.R. 18855. Notice of President of the United States, dated Apr. 1, 2019, 84 F.R. 12871. Notice of President of the United States, dated Mar. 27, 2018, 83 F.R. 13373. Notice of President of the United States, dated Mar. 22, 2017, 82 F.R. 15107. Notice of President of the United States, dated Mar. 30, 2016, 81 F.R. 19019. Notice of President of the United States, dated Mar. 31, 2015, 80 F.R. 18081. SUDAN Ex. Ord. No. 13067, Nov. 3, 1997, 62 F.R. 59989, as amended by Ex. Ord. No. 13761, § 1, Jan. 13, 2017, 82 F.R. 5331. Continuations of national emergency declared by Ex. Ord. No. 13067 were contained in the following: Notice of President of the United States, dated Oct. 25, 2024, 89 F.R. 85849. Notice of President of the United States, dated Oct. 31, 2023, 88 F.R. 75227. Page 222 TITLE 50—WAR AND NATIONAL DEFENSE § 1701 Notice of President of the United States, dated Nov. 1, 2022, 87 F.R. 66225. Notice of President of the United States, dated Oct. 28, 2021, 86 F.R. 60355. Notice of President of the United States, dated Oct. 30, 2020, 85 F.R. 69463. Notice of President of the United States, dated Oct. 31, 2019, 84 F.R. 59287. Notice of President of the United States, dated Oct. 31, 2018, 83 F.R. 55239. Notice of President of the United States, dated Oct. 31, 2017, 82 F.R. 50799. Notice of President of the United States, dated Oct. 31, 2016, 81 F.R. 76491. Notice of President of the United States, dated Oct. 28, 2015, 80 F.R. 67259. Notice of President of the United States, dated Oct. 24, 2014, 79 F.R. 64295. Notice of President of the United States, dated Oct. 30, 2013, 78 F.R. 65867. Notice of President of the United States, dated Nov. 1, 2012, 77 F.R. 66359. Notice of President of the United States, dated Nov. 1, 2011, 76 F.R. 68055. Notice of President of the United States, dated Nov. 1, 2010, 75 F.R. 67587. Notice of President of the United States, dated Oct. 27, 2009, 74 F.R. 55745. Notice of President of the United States, dated Oct. 30, 2008, 73 F.R. 65239. Notice of President of the United States, dated Nov. 1, 2007, 72 F.R. 62407. Notice of President of the United States, dated Nov. 1, 2006, 71 F.R. 64629. Notice of President of the United States, dated Nov. 1, 2005, 70 F.R. 66745. Notice of President of the United States, dated Nov. 1, 2004, 69 F.R. 63915. Notice of President of the United States, dated Oct. 29, 2003, 68 F.R. 62211. Notice of President of the United States, dated Oct. 29, 2002, 67 F.R. 66525. Notice of President of the United States, dated Oct. 31, 2001, 66 F.R. 55869. Notice of President of the United States, dated Oct. 31, 2000, 65 F.R. 66163. Notice of President of the United States, dated Oct. 29, 1999, 64 F.R. 59105. Notice of President of the United States, dated Oct. 27, 1998, 63 F.R. 58617. Ex. Ord. No. 13400, Apr. 26, 2006, 71 F.R. 25483. Ex. Ord. No. 13412, Oct. 13, 2006, 71 F.R. 61369, revoked by Ex. Ord. No. 13761, § 1, Jan. 13, 2017, 82 F.R. 5331. Ex. Ord. No. 14098, May 4, 2023, 88 F.R. 29529. SYRIA Ex. Ord. No. 13338, May 11, 2004, 69 F.R. 26751, as amended by Ex. Ord. No. 13460, § 2, Feb. 13, 2008, 73 F.R. 8991. Continuations of national emergency declared by Ex. Ord. No. 13338 were contained in the following: Notice of President of the United States, dated May 8, 2024, 89 F.R. 40355. Notice of President of the United States, dated May 8, 2023, 88 F.R. 30211. Notice of President of the United States, dated May 9, 2022, 87 F.R. 28749. Notice of President of the United States, dated May 6, 2021, 86 F.R. 25793. Notice of President of the United States, dated May 7, 2020, 85 F.R. 27639. Notice of President of the United States, dated May 8, 2019, 84 F.R. 20537. Notice of President of the United States, dated May 9, 2018, 83 F.R. 21839. Notice of President of the United States, dated May 9, 2017, 82 F.R. 21909. Notice of President of the United States, dated May 3, 2016, 81 F.R. 27293. Notice of President of the United States, dated May 6, 2015, 80 F.R. 26815. Notice of President of the United States, dated May 7, 2014, 79 F.R. 26589. Notice of President of the United States, dated May 7, 2013, 78 F.R. 27301. Notice of President of the United States, dated May 9, 2012, 77 F.R. 27559. Notice of President of the United States, dated Apr. 29, 2011, 76 F.R. 24791. Notice of President of the United States, dated May 3, 2010, 75 F.R. 24779. Notice of President of the United States, dated May 7, 2009, 74 F.R. 21765. Notice of President of the United States, dated May 7, 2008, 73 F.R. 26939. Notice of President of the United States, dated May 8, 2007, 72 F.R. 26707. Notice of President of the United States, dated May 8, 2006, 71 F.R. 27381. Notice of President of the United States, dated May 5, 2005, 70 F.R. 24697. Ex. Ord. No. 13399, Apr. 25, 2006, 71 F.R. 25059. Ex. Ord. No. 13460, Feb. 13, 2008, 73 F.R. 8991. Ex. Ord. No. 13572, Apr. 29, 2011, 76 F.R. 24787. Ex. Ord. No. 13573, May 18, 2011, 76 F.R. 29143. Ex. Ord. No. 13582, Aug. 17, 2011, 76 F.R. 52209. Ex. Ord. No. 13606, Apr. 22, 2012, 77 F.R. 24571. Ex. Ord. No. 13608, May 1, 2012, 77 F.R. 26409. Ex. Ord. No. 13894, Oct. 13, 2019, 84 F.R. 55851. Continuations of national emergency declared by Ex. Ord. No. 13894 were contained in the following: Notice of President of the United States, dated Oct. 10, 2024, 89 F.R. 82929. Notice of President of the United States, dated Oct. 12, 2023, 88 F.R. 71271. Notice of President of the United States, dated Oct. 12, 2022, 87 F.R. 62281. Notice of President of the United States, dated Oct. 6, 2021, 86 F.R. 56829. Notice of President of the United States, dated Oct. 8, 2020, 85 F.R. 64941. TRANSNATIONAL CRIMINAL ORGANIZATIONS Ex. Ord. No. 13581, July 24, 2011, 76 F.R. 44757, as amended by Ex. Ord. No. 13863, Mar. 15, 2019, 84 F.R. 10255. Continuations of national emergency declared by Ex. Ord. No. 13581 were contained in the following: Notice of President of the United States, dated July 16, 2024, 89 F.R. 58617. Notice of President of the United States, dated July 19, 2023, 88 F.R. 46951. Notice of President of the United States, dated July 21, 2022, 87 F.R. 43983. Notice of President of the United States, dated July 7, 2021, 86 F.R. 36481. Notice of President of the United States, dated July 22, 2020, 85 F.R. 44683. Notice of President of the United States, dated July 22, 2019, 84 F.R. 35513. Notice of President of the United States, dated July 20, 2018, 83 F.R. 34931. Notice of President of the United States, dated July 20, 2017, 82 F.R. 34249. Notice of President of the United States, dated July 19, 2017, 82 F.R. 33773, withdrawn by Notice of Presi- dent of the United States, dated July 20, 2017, 82 F.R. 34249. Notice of President of the United States, dated July 20, 2016, 81 F.R. 48313. Notice of President of the United States, dated July 21, 2015, 80 F.R. 43907. Notice of President of the United States, dated July 18, 2014, 79 F.R. 42645. Notice of President of the United States, dated July 19, 2013, 78 F.R. 44417. Notice of President of the United States, dated July 18, 2012, 77 F.R. 42619. Page 223 TITLE 50—WAR AND NATIONAL DEFENSE § 1701 UKRAINE Ex. Ord. No. 13660, Mar. 6, 2014, 79 F.R. 13493. Continuations of national emergency declared by Ex. Ord. No. 13660 were contained in the following: Notice of President of the United States, dated Mar. 4, 2024, 89 F.R. 15947. Notice of President of the United States, dated Mar. 1, 2023, 88 F.R. 13285. Notice of President of the United States, dated Mar. 2, 2022, 87 F.R. 12387. Notice of President of the United States, dated Mar. 2, 2021, 86 F.R. 12793. Notice of President of the United States, dated Feb. 25, 2020, 85 F.R. 11827. Notice of President of the United States, dated Mar. 4, 2019, 84 F.R. 7975. Notice of President of the United States, dated Mar. 2, 2018, 83 F.R. 9413. Notice of President of the United States, dated Jan. 13, 2017, 82 F.R. 6191. Notice of President of the United States, dated Mar. 2, 2016, 81 F.R. 11655. Notice of President of the United States, dated Mar. 3, 2015, 80 F.R. 12067. Ex. Ord. No. 13661, Mar. 16, 2014, 79 F.R. 15535. Ex. Ord. No. 13662, Mar. 20, 2014, 79 F.R. 16169. Ex. Ord. No. 13685, Dec. 19, 2014, 79 F.R. 77357. Ex. Ord. No. 14065, Feb. 21, 2022, 87 F.R. 10293. VENEZUELA Ex. Ord. No. 13692, Mar. 8, 2015, 80 F.R. 12747, as amended by Ex. Ord. No. 13857, Jan. 25, 2019, 84 F.R. 509. Continuations of national emergency declared by Ex. Ord. No. 13692 were contained in the following: Notice of President of the United States, dated Mar. 5, 2024, 89 F.R. 16443. Notice of President of the United States, dated Mar. 1, 2023, 88 F.R. 13287. Notice of President of the United States, dated Mar. 3, 2022, 87 F.R. 12557. Notice of President of the United States, dated Mar. 2, 2021, 86 F.R. 12795. Notice of President of the United States, dated Mar. 5, 2020, 85 F.R. 13473. Notice of President of the United States, dated Mar. 5, 2019, 84 F.R. 8245. Notice of President of the United States, dated Mar. 2, 2018, 83 F.R. 9415. Notice of President of the United States, dated Jan. 13, 2017, 82 F.R. 6193. Notice of President of the United States, dated Mar. 3, 2016, 81 F.R. 11999. Ex. Ord. No. 13808, Aug. 24, 2017, 82 F.R. 41155, as amended by Ex. Ord. No. 13857, Jan. 25, 2019, 84 F.R. 509. Ex. Ord. No. 13827, Mar. 19, 2018, 83 F.R. 12469, as amended by Ex. Ord. No. 13857, Jan. 25, 2019, 84 F.R. 509. Ex. Ord. No. 13835, May 21, 2018, 83 F.R. 24001, as amended by Ex. Ord. No. 13857, Jan. 25, 2019, 84 F.R. 509. Ex. Ord. No. 13850, Nov. 1, 2018, 83 F.R. 55243, as amended by Ex. Ord. No. 13857, Jan. 25, 2019, 84 F.R. 509. Ex. Ord. No. 13884, Aug. 5, 2019, 84 F.R. 38843. WEST BANK Ex. Ord. No. 14115, Feb. 1, 2024, 89 F.R. 7605. WESTERN BALKANS Ex. Ord. No. 12808, May 30, 1992, 57 F.R. 23299, revoked by Ex. Ord. No. 13304, May 28, 2003, 68 F.R. 32315. Continuations of national emergency declared by Ex. Ord. No. 12808 were contained in the following: Notice of President of the United States, dated May 27, 2002, 67 F.R. 37661. Notice of President of the United States, dated May 24, 2001, 66 F.R. 29007. Notice of President of the United States, dated May 25, 2000, 65 F.R. 34379. Notice of President of the United States, dated May 27, 1999, 64 F.R. 29205. Notice of President of the United States, dated May 28, 1998, 63 F.R. 29527. Notice of President of the United States, dated May 28, 1997, 62 F.R. 29283. Notice of President of the United States, dated May 24, 1996, 61 F.R. 26773. Determination of President, No. 96–7, Dec. 27, 1995, 61 F.R. 2887. Notice of President of the United States, dated May 10, 1995, 60 F.R. 25599. Notice of President of the United States, dated May 25, 1994, 59 F.R. 27429. Notice of President of the United States, dated May 25, 1993, 58 F.R. 30693. Ex. Ord. No. 12810, June 5, 1992, 57 F.R. 24347, as amended by Ex. Ord. No. 12831, § 4, Jan. 15, 1993, 58 F.R. 5253, revoked by Ex. Ord. No. 13304, May 28, 2003, 68 F.R. 32315. Ex. Ord. No. 12831, Jan. 15, 1993, 58 F.R. 5253, revoked by Ex. Ord. No. 13304, May 28, 2003, 68 F.R. 32315. Ex. Ord. No. 12846, Apr. 25, 1993, 58 F.R. 25771, revoked by Ex. Ord. No. 13304, May 28, 2003, 68 F.R. 32315. Ex. Ord. No. 12934, Oct. 25, 1994, 59 F.R. 54117, revoked by Ex. Ord. No. 13304, May 28, 2003, 68 F.R. 32315. Ex. Ord. No. 13088, June 9, 1998, 63 F.R. 32109, as amended by Ex. Ord. No. 13121, Apr. 30, 1999, 64 F.R. 24021, eff. May 1, 1999; Ex. Ord. No. 13192, Jan. 17, 2001, 66 F.R. 7379, eff. Jan. 19, 2001, revoked by Ex. Ord. No. 13304, May 28, 2003, 68 F.R. 32315. Continuations of national emergency declared by Ex. Ord. No. 13088 were contained in the following: Notice of President of the United States, dated May 27, 2002, 67 F.R. 37661. Notice of President of the United States, dated May 24, 2001, 66 F.R. 29007. Notice of President of the United States, dated May 25, 2000, 65 F.R. 34379. Notice of President of the United States, dated May 27, 1999, 64 F.R. 29205. Ex. Ord. No. 13219, June 26, 2001, 66 F.R. 34777, as amended by Ex. Ord. No. 13304, May 28, 2003, 68 F.R. 32315. Continuations of national emergency declared by Ex. Ord. No. 13219 were contained in the following: Notice of President of the United States, dated June 13, 2024, 89 F.R. 51201. Notice of President of the United States, dated June 20, 2023, 88 F.R. 40683. Notice of President of the United States, dated June 13, 2022, 87 F.R. 36051. Notice of President of the United States, dated June 8, 2021, 86 F.R. 31083. Notice of President of the United States, dated June 24, 2020, 85 F.R. 38271. Notice of President of the United States, dated June 18, 2019, 84 F.R. 28715. Notice of President of the United States, dated June 22, 2018, 83 F.R. 29663. Notice of President of the United States, dated June 21, 2017, 82 F.R. 28745. Notice of President of the United States, dated June 21, 2016, 81 F.R. 40777. Notice of President of the United States, dated June 22, 2015, 80 F.R. 36463. Notice of President of the United States, dated June 23, 2014, 79 F.R. 36181. Notice of President of the United States, dated June 17, 2013, 78 F.R. 37099. Notice of President of the United States, dated June 22, 2012, 77 F.R. 37995. Notice of President of the United States, dated June 23, 2011, 76 F.R. 37239. Notice of President of the United States, dated June 8, 2010, 75 F.R. 32843. Notice of President of the United States, dated June 22, 2009, 74 F.R. 30209. Page 224 TITLE 50—WAR AND NATIONAL DEFENSE § 1702 1 So in original. The period probably should not appear. Notice of President of the United States, dated June 24, 2008, 73 F.R. 36255. Notice of President of the United States, dated June 22, 2007, 72 F.R. 34981. Notice of President of the United States, dated June 22, 2006, 71 F.R. 36183. Notice of President of the United States, dated June 23, 2005, 70 F.R. 36803. Notice of President of the United States, dated June 24, 2004, 69 F.R. 36005. Notice of President of the United States, dated June 20, 2003, 68 F.R. 37389. Notice of President of the United States, dated June 21, 2002, 67 F.R. 42703. Ex. Ord. No. 13304, May 28, 2003, 68 F.R. 32315. Ex. Ord. No. 14033, June 8, 2021, 86 F.R. 31079. YEMEN Ex. Ord. No. 13611, May 16, 2012, 77 F.R. 29533. Continuations of national emergency declared by Ex. Ord. No. 13611 were contained in the following: Notice of President of the United States, dated May 14, 2024, 89 F.R. 42765. Notice of President of the United States, dated May 11, 2023, 88 F.R. 31141. Notice of President of the United States, dated May 9, 2022, 87 F.R. 29023. Notice of President of the United States, dated May 11, 2021, 86 F.R. 26341. Notice of President of the United States, dated May 7, 2020, 85 F.R. 27643. Notice of President of the United States, dated May 13, 2019, 84 F.R. 22047. Notice of President of the United States, dated May 14, 2018, 83 F.R. 22585. Notice of President of the United States, dated May 8, 2017, 82 F.R. 21905. Notice of President of the United States, dated May 12, 2016, 81 F.R. 30155. Notice of President of the United States, dated May 13, 2015, 80 F.R. 27851. Notice of President of the United States, dated May 12, 2014, 79 F.R. 27477. Notice of President of the United States, dated May 13, 2013, 78 F.R. 28465. ZIMBABWE Ex. Ord. No. 13288, Mar. 6, 2003, 68 F.R. 11457, as amended by Ex. Ord. No. 13391, Nov. 22, 2005, 70 F.R. 71201, revoked by Ex. Ord. No. 14118, Mar. 4, 2024, 89 F.R. 15945. Continuations of national emergency declared by Ex. Ord. No. 13288 were contained in the following: Notice of President of the United States, dated Mar. 1, 2023, 88 F.R. 13289. Notice of President of the United States, dated Mar. 3, 2022, 87 F.R. 12553. Notice of President of the United States, dated Mar. 2, 2021, 86 F.R. 12797. Notice of President of the United States, dated Mar. 4, 2020, 85 F.R. 12981. Notice of President of the United States, dated Mar. 4, 2019, 84 F.R. 7977. Notice of President of the United States, dated Mar. 2, 2018, 83 F.R. 9417. Notice of President of the United States, dated Jan. 13, 2017, 82 F.R. 6195. Notice of President of the United States, dated Mar. 2, 2016, 81 F.R. 11657. Notice of President of the United States, dated Mar. 3, 2015, 80 F.R. 12069. Notice of President of the United States, dated Feb. 28, 2014, 79 F.R. 12031. Notice of President of the United States, dated Mar. 1, 2013, 78 F.R. 14427. Notice of President of the United States, dated Mar. 2, 2012, 77 F.R. 13179. Notice of President of the United States, dated Mar. 2, 2011, 76 F.R. 12267. Notice of President of the United States, dated Feb. 26, 2010, 75 F.R. 10157. Notice of President of the United States, dated Mar. 3, 2009, 74 F.R. 9751. Notice of President of the United States, dated Mar. 4, 2008, 73 F.R. 12005. Notice of President of the United States, dated Feb. 28, 2007, 72 F.R. 9645. Notice of President of the United States, dated Feb. 27, 2006, 71 F.R. 10603. Notice of President of the United States, dated Mar. 2, 2005, 70 F.R. 10859. Notice of President of the United States, dated Mar. 2, 2004, 69 F.R. 10313. Ex. Ord. No. 13469, July 25, 2008, 73 F.R. 43841, revoked by Ex. Ord. No. 14118, Mar. 4, 2024, 89 F.R. 15945. § 1702. Presidential authorities (a) In general (1) At the times and to the extent specified in section 1701 of this title, the President may, under such regulations as he may prescribe, by means of instructions, licenses, or otherwise— (A) investigate, regulate, or prohibit— (i) any transactions in foreign exchange, (ii) transfers of credit or payments be- tween, by, through, or to any banking insti- tution, to the extent that such transfers or payments involve any interest of any foreign country or a national thereof, (iii) the importing or exporting of cur- rency or securities, by any person, or with respect to any prop- erty, subject to the jurisdiction of the United States; (B) investigate, block during the pendency of an investigation, regulate, direct and compel, nullify, void, prevent or prohibit, any acquisi- tion, holding, withholding, use, transfer, with- drawal, transportation, importation or expor- tation of, or dealing in, or exercising any right, power, or privilege with respect to, or transactions involving, any property in which any foreign country or a national thereof has any interest by any person, or with respect to any property, subject to the jurisdiction of the United States; and.1 (C) when the United States is engaged in armed hostilities or has been attacked by a foreign country or foreign nationals, con- fiscate any property, subject to the jurisdic- tion of the United States, of any foreign per- son, foreign organization, or foreign country that he determines has planned, authorized, aided, or engaged in such hostilities or attacks against the United States; and all right, title, and interest in any property so confiscated shall vest, when, as, and upon the terms di- rected by the President, in such agency or per- son as the President may designate from time to time, and upon such terms and conditions as the President may prescribe, such interest or property shall be held, used, administered, liquidated, sold, or otherwise dealt with in the interest of and for the benefit of the United States, and such designated agency or person may perform any and all acts incident to the accomplishment or furtherance of these pur- poses.