22 U.S.C. § 10101 — Definitions

Page 2317 TITLE 22—FOREIGN RELATIONS AND INTERCOURSE § 10101 (c) Report on sanctions pursuant to Executive Order No. 13400 Not later than 180 days after January 1, 2021, the President shall submit a report to the appro- priate congressional committees that identifies the senior Sudanese government officials that President determines meet the criteria to be sanctionable pursuant to Executive Order No. 13400 (71 Fed. Reg. 25483; relating to blocking property of persons in connection with the con- flict in Sudan’s Darfur region). (d) Form The reports required under subsections (b) and (c) shall be submitted in unclassified form, but may include a classified annex. (Pub. L. 116–283, div. A, title XII, § 1270B, Jan. 1, 2021, 134 Stat. 3975.) Editorial Notes REFERENCES IN TEXT Executive Order No. 13400, referred to in subsec. (c), is Ex. Ord. No. 13400, Apr. 26, 2006, 71 F.R. 25483, which is listed in a table under section 1701 of Title 50, War and National Defense. § 10012. United States strategy for support to a civilian-led government in Sudan (a) In general Not later than 180 days after January 1, 2021, the Secretary of State, in coordination with the Administrator of the United States Agency for International Development and the Secretary of the Treasury, shall submit a strategy to the ap- propriate congressional committees that in- cludes— (1) a clear articulation of specific United States goals and objectives with respect to a successful completion of the transitional pe- riod and a plan to achieve such goals and ob- jectives; (2) a description of assistance and diplomatic engagement to support a civilian-led govern- ment in Sudan for the remainder of the transi- tional period, including any possible support for the organization of free, fair, and credible elections; (3) an assessment of the legal and policy re- forms that have been and need to be taken by the government in Sudan during the transi- tional period in order to promote— (A) human rights; (B) freedom of religion, speech, press, as- sembly, and association; and (C) accountability for human rights abuses, including for sexual and gender- based violence perpetrated by members of the Sudanese security and intelligence serv- ices; (4) a description of efforts to address the legal and policy reforms mentioned in para- graph (3); (5) a description of humanitarian and devel- opment assistance to Sudan and a plan for co- ordinating such assistance with international donors, regional partners, and local partners; (6) a description of monitoring and evalua- tion plans for all forms of assistance to be pro- vided under the strategy in accordance with the monitoring and evaluation requirements of section 2394c of this title, including a de- tailed description of all associated goals and benchmarks for measuring impact; and (7) an assessment of security sector reforms undertaken by the Government of Sudan, in- cluding efforts to demobilize or integrate mili- tias and to foster civilian control of the armed services. (b) Report Not later than 1 year after January 1, 2021, the Secretary of State, in coordination with the Ad- ministrator of the United States Agency for International Development and the Secretary of the Treasury, shall submit a report to the appro- priate congressional committees that includes— (1) a detailed description of the efforts taken to implement this chapter; and (2) recommendations for legislative or ad- ministrative measures to facilitate the imple- mentation of this chapter. (Pub. L. 116–283, div. A, title XII, § 1270C, Jan. 1, 2021, 134 Stat. 3977.) Editorial Notes REFERENCES IN TEXT This chapter, referred to in subsec. (b), was in the original ‘‘this subtitle’’, meaning subtitle G (§§ 1261–1270E) of title XII of div. A of Pub. L. 116–283, known as the Sudan Democratic Transition, Account- ability, and Fiscal Transparency Act of 2020, which is classified principally to this chapter. For complete classification of this Act to the Code, see Short Title note set out below and Tables. CHAPTER 108—GLOBAL MAGNITSKY HUMAN RIGHTS ACCOUNTABILITY Sec. 10101. Definitions. 10102. Authorization of imposition of sanctions. 10103. Reports to Congress. § 10101. Definitions In this chapter: (1) Foreign person The term ‘‘foreign person’’ has the meaning given that term in section 595.304 of title 31, Code of Federal Regulations (as in effect on the day before December 23, 2016). (2) Gross violations of internationally recog- nized human rights The term ‘‘gross violations of internation- ally recognized human rights’’ has the mean- ing given that term in section 2304(d)(1) of this title. (3) Person The term ‘‘person’’ has the meaning given that term in section 591.308 of title 31, Code of Federal Regulations (as in effect on the day before December 23, 2016). (4) United States person The term ‘‘United States person’’ has the meaning given that term in section 595.315 of title 31, Code of Federal Regulations (as in ef- fect on the day before December 23, 2016). (Pub. L. 114–328, div. A, title XII, § 1262, Dec. 23, 2016, 130 Stat. 2533.) Page 2318 TITLE 22—FOREIGN RELATIONS AND INTERCOURSE § 10102 1 See References in Text note below. Editorial Notes CODIFICATION Section was formerly set out in a note under section 2656 of this title. Statutory Notes and Related Subsidiaries SHORT TITLE Pub. L. 114–328, div. A, title XII, § 1261, Dec. 23, 2016, 130 Stat. 2533, provided that: ‘‘This subtitle [subtitle F (§§ 1261–1264) of title XII of div. A of Pub. L. 114–328, en- acting this chapter] may be cited as the ‘Global Magnitsky Human Rights Accountability Act’.’’ § 10102. Authorization of imposition of sanctions (a) In general The President may impose the sanctions de- scribed in subsection (b) with respect to any for- eign person the President determines, based on credible evidence— (1) is responsible for extrajudicial killings, torture, or other gross violations of inter- nationally recognized human rights com- mitted against individuals in any foreign country who seek— (A) to expose illegal activity carried out by government officials; or (B) to obtain, exercise, defend, or promote internationally recognized human rights and freedoms, such as the freedoms of religion, expression, association, and assembly, and the rights to a fair trial and democratic elections; (2) acted as an agent of or on behalf of a for- eign person in a matter relating to an activity described in paragraph (1); (3) is a government official, or a senior asso- ciate of such an official, that is responsible for, or complicit in, ordering, controlling, or otherwise directing, acts of significant corrup- tion, including the expropriation of private or public assets for personal gain, corruption re- lated to government contracts or the extrac- tion of natural resources, bribery, or the fa- cilitation or transfer of the proceeds of corrup- tion to foreign jurisdictions; or (4) has materially assisted, sponsored, or provided financial, material, or technological support for, or goods or services in support of, an activity described in paragraph (3). (b) Sanctions described The sanctions described in this subsection are the following: (1) Inadmissibility to United States In the case of a foreign person who is an in- dividual— (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 ac- cordance with section 1201(i) of title 8, of the visa or other documentation. (2) Blocking of property (A) In general The blocking, in accordance with the International Emergency Economic Powers Act (50 U.S.C. 1701 et seq.), of all trans- actions in all property and interests in prop- erty of a foreign person if such property and interests in property are in the United States, come within the United States, or are or come within the possession or control of a United States person. (B) Inapplicability of national emergency re- quirement The requirements of section 202 of the International Emergency Economic Powers Act (50 U.S.C. 1701) shall not apply for pur- poses of this section. (C) Exception relating to importation of goods (i) In general The authority to block and prohibit all transactions in all property and interests in property under subparagraph (A) shall not include the authority to impose sanc- tions on the importation of goods. (ii) Good In this subparagraph, the term ‘‘good’’ has the meaning given that term in sec- tion 16 1 of the Export Administration Act of 1979 (50 U.S.C. 4618) (as continued in ef- fect pursuant to the International Emer- gency Economic Powers Act (50 U.S.C. 1701 et seq.)). (c) Consideration of certain information in im- posing sanctions In determining whether to impose sanctions under subsection (a), the President shall con- sider— (1) information provided jointly by the chairperson and ranking member of each of the appropriate congressional committees; and (2) credible information obtained by other countries and nongovernmental organizations that monitor violations of human rights. (d) Requests by appropriate congressional com- mittees (1) In general Not later than 120 days after receiving a re- quest that meets the requirements of para- graph (2) with respect to whether a foreign person has engaged in an activity described in subsection (a), the President shall— (A) determine if that person has engaged in such an activity; and (B) submit a classified or unclassified re- port to the chairperson and ranking member of the committee or committees that sub- mitted the request with respect to that de- termination that includes— (i) a statement of whether or not the President imposed or intends to impose sanctions with respect to the person; and (ii) if the President imposed or intends to impose sanctions, a description of those sanctions. (2) Requirements (A) Requests relating to human rights viola- tions A request under paragraph (1) with respect to whether a foreign person has engaged in