§7108 — Title 22 Foreign Relations and Intercourse | U.S. Code

Summary

The President may use certain federal emergency powers (under 50 U.S.C. 1702) to punish foreign people involved in severe human trafficking. That covers foreign people who play a major role in trafficking in the United States, people who help or fund them, people or groups they own or control, and foreign government officials who take part in or allow trafficking for big financial gain. The penalties in 50 U.S.C. 1705 apply to breaking any license, order, or rule made under this authority. When the President acts, he must tell the right congressional committees and publicly name who is being sanctioned, explain why, and list the sanctions. If a sanction is later suspended or ended, he must report that too. The President can delegate these powers, and agency heads (like the Treasury Secretary) can make rules. Those rules must give people a quick chance for a hearing to challenge a designation. “Foreign person” means a foreign citizen or national or a non-U.S. entity (including foreign officials), but not a foreign state. People may seek judicial review of these actions.

Title 22, §7108

Foreign Relations and Intercourse — Source: USLM XML via OLRC

(a)(1)The President may exercise the authorities set forth in section 1702 of title 50 without regard to section 1701 of title 50, or section 10102 of this title, in the case of any of the following persons:

(A)Any foreign person that plays a significant role in a severe form of trafficking in persons, directly or indirectly in the United States.

(B)Foreign persons that materially assist in, or provide financial or technological support for or to, or provide goods or services in support of, activities of a significant foreign trafficker in persons identified pursuant to subparagraph (A).

(C)Foreign persons that are owned, controlled, or directed by, or acting for or on behalf of, a significant foreign trafficker identified pursuant to subparagraph (A).

(D)Officials of a foreign government who participate in, facilitate, or condone severe forms of trafficking in persons for significant financial gain.

(2)The penalties set forth in section 1705 of title 50 apply to violations of any license, order, or regulation issued under this section.

(b)(1)Upon exercising the authority of subsection (a), the President shall report to the appropriate congressional committees—

(A)identifying publicly the foreign persons that the President determines are appropriate for sanctions pursuant to this section and the basis for such determination; and

(B)detailing publicly the sanctions imposed pursuant to this section.

(2)Upon suspending or terminating any action imposed under the authority of subsection (a), the President shall report to the committees described in paragraph (1) on such suspension or termination.

(3)Reports submitted under this subsection may include an annex with classified information regarding the basis for the determination made by the President under paragraph (1)(A).

(c)Nothing in this section prohibits or otherwise limits the authorized law enforcement or intelligence activities of the United States, or the law enforcement activities of any State or subdivision thereof.

(d)

(e)(1)The President may delegate any authority granted by this section, including the authority to designate foreign persons under paragraphs (1)(B) and (1)(C) of subsection (a).

(2)The head of any agency, including the Secretary of Treasury, is authorized to take such actions as may be necessary to carry out any authority delegated by the President pursuant to paragraph (1), including promulgating rules and regulations.

(3)Such rules and regulations shall include procedures affording an opportunity for a person to be heard in an expeditious manner, either in person or through a representative, for the purpose of seeking changes to or termination of any determination, order, designation or other action associated with the exercise of the authority in subsection (a).

(f)In this section, the term “foreign person” means any citizen or national of a foreign state or any entity not organized under the laws of the United States, including a foreign government official, but does not include a foreign state.

(g)Nothing in this section shall be construed as precluding judicial review of the exercise of the authority described in subsection (a).

Notes & Related Subsidiaries

Editorial Notes

Codification Section is comprised of section 111 of Pub. L. 106–386. Subsec. (d) of section 111 of Pub. L. 106–386 amended section 1182 of Title 8, Aliens and Nationality.

Amendments

2019—Subsec. (a)(1). Pub. L. 115–425, § 124(1), inserted “, or section 10102 of this title,” after “without regard to section 1701 of title 50” in introductory provisions. Subsec. (a)(1)(D). Pub. L. 115–425, § 124(2), added subpar. (D).

§7108 Actions against significant traffickers in persons

Summary

Title 22, §7108

Notes & Related Subsidiaries

Editorial Notes

Amendments

Citations & Metadata