§8805 — Title 22 Foreign Relations and Intercourse | U.S. Code

Summary

The President must impose at least five of the penalties listed in the Iran Sanctions Act of 1996 on anyone who knowingly, on or after July 1, 2013, provides underwriting or insurance or reinsurance for certain Iran-related activities or people. That includes insurance for activities already subject to U.S. Iran sanctions, for work that benefits Iran’s energy, shipping, or shipbuilding sectors, for sales or transfers of certain materials listed in law, or for people designated for weapons proliferation, support of terrorism, or who are on the Treasury Department’s list of blocked Iranian individuals (except certain Iranian banks). The rule does not allow counting import-ban penalties toward the five. No sanctions may be imposed for underwriting or insuring sales of agricultural goods, food, medicine, medical devices, or humanitarian aid to Iran. A company that can show it used proper policies and controls to avoid such business cannot be hit with some of these sanctions. The President may waive the penalties for up to 180 days (renewable) if it’s vital to national security and must report the reasons to Congress in an unclassified report (with a possible classified annex).

Title 22, §8805

Foreign Relations and Intercourse — Source: USLM XML via OLRC

(a)(1)Except as provided in this section, the President shall impose 5 or more of the sanctions described in section 6(a) of the Iran Sanctions Act of 1996 (Public Law 104–172; 50 U.S.C. 1701 note) with respect to a person if the President determines that the person knowingly, on or after the date that is 180 days after January 2, 2013, provides underwriting services or insurance or reinsurance—

(A)for any activity with respect to Iran for which sanctions have been imposed under this chapter, the International Emergency Economic Powers Act (50 U.S.C. 1701 et seq.), the Iran Sanctions Act of 1996, the Comprehensive Iran Sanctions, Accountability, and Divestment Act of 2010 (22 U.S.C. 8501 et seq.), the Iran Threat Reduction and Syria Human Rights Act of 2012 (22 U.S.C. 8701 et seq.), the Iran, North Korea, and Syria Nonproliferation Act (Public Law 106–178; 50 U.S.C. 1701 note), or any other provision of law relating to the imposition of sanctions with respect to Iran;

(B)to or for any person—

(i)with respect to, or for the benefit of any activity in the energy, shipping, or shipbuilding sectors of Iran for which sanctions are imposed under this chapter;

(ii)for the sale, supply, or transfer to or from Iran of materials described in section 8804(d) of this title for which sanctions are imposed under this chapter; or

(iii)designated for the imposition of sanctions pursuant to the International Emergency Economic Powers Act (50 U.S.C. 1701 et seq.) in connection with—

(I)Iran’s proliferation of weapons of mass destruction or delivery systems for weapons of mass destruction; or

(II)Iran’s support for international terrorism; or

(C)to or for any Iranian person included on the list of specially designated nationals and blocked persons maintained by the Office of Foreign Assets Control of the Department of the Treasury (other than an Iranian financial institution described in subsection (b)).

(2)The requirement to impose sanctions under paragraph (1) shall not include the authority to impose sanctions relating to the importation of goods under paragraph (8)(A) or (12) of section 6(a) of the Iran Sanctions Act of 1996, and any sanction relating to the importation of goods shall not count for purposes of the requirement to impose sanctions under paragraph (1).

(b)An Iranian financial institution described in this subsection is an Iranian financial institution that has not been designated for the imposition of sanctions in connection with—

(1)Iran’s proliferation of weapons of mass destruction or delivery systems for weapons of mass destruction;

(2)Iran’s support for international terrorism; or

(3)Iran’s abuses of human rights.

(c)The President may not impose sanctions under subsection (a) for the provision of underwriting services or insurance or reinsurance for a transaction for the sale of agricultural commodities, food, medicine, or medical devices to Iran or for the provision of humanitarian assistance to the people of Iran.

(d)The President may not impose sanctions under subparagraph (A) or (C) or clause (i) or (ii) of subparagraph (B) of subsection (a)(1) with respect to a person that provides underwriting 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 an activity described in subparagraph (A) of that subsection or to or for any person described in subparagraph (C) or clause (i) or (ii) of subparagraph (B) of that subsection.

(e)(1)The President may waive the imposition of sanctions under subsection (a) for a period of not more than 180 days, and may renew that waiver for additional periods of not more than 180 days, if the President—

(A)determines that such a waiver is vital to the national security of the United States; and

(B)submits to the appropriate congressional committees a report providing a justification for the waiver.

(2)Each report submitted under paragraph (1)(B) shall be submitted in unclassified form, but may include a classified annex.

Notes & Related Subsidiaries

Editorial Notes

References in Text

This chapter, referred to in subsec. (a)(1)(A), (B)(i), (ii), was in the original “this subtitle”, meaning subtitle D (§§ 1241–1255) of title XII of div. A of Pub. L. 112–239, Jan. 2, 2013, 126 Stat. 2004, known as the Iran Freedom and Counter-Proliferation Act of 2012, which is classified principally to this chapter. For complete classification of subtitle D to the Code, see

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note set out under section 8801 of this title and Tables. The International Emergency Economic Powers Act, referred to in subsec. (a)(1)(A), (B)(iii), is title II of Pub. L. 95–223, Dec. 28, 1977, 91 Stat. 1626, which is classified generally to chapter 35 (§ 1701 et seq.) of Title 50, War and National Defense. For complete classification of this Act to the Code, see

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note set out under section 1701 of Title 50 and Tables. The Comprehensive Iran Sanctions, Accountability, and Divestment Act of 2010, referred to in subsec. (a)(1)(A), is Pub. L. 111–195, July 1, 2010, 124 Stat. 1312, which is classified principally to chapter 92 (§ 8501 et seq.) of this title. For complete classification of this Act to the Code, see

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note set out under section 8501 of this title and Tables. The Iran Threat Reduction and Syria Human Rights Act of 2012, referred to in subsec. (a)(1)(A), is Pub. L. 112–158, Aug. 10, 2012, 126 Stat. 1214, which is classified principally to chapter 94 (§ 8701 et seq.) of this title. For complete classification of this Act to the Code, see

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note set out under section 8701 of this title and Tables.

Executive Documents

Delegation of Functions For delegation of certain functions and authorities vested in the President by this section, see Memorandum of President of the United States, June 3, 2013, 78 F.R. 35545, set out as a note under section 8801 of this title.

§8805 Imposition of sanctions with respect to the provision of underwriting services or insurance or reinsurance for activities or persons with respect to which sanctions have been imposed

Summary

Title 22, §8805

Notes & Related Subsidiaries

Editorial Notes

References in Text

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Executive Documents

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