22 U.S.C. § 2712: Authority to control certain…

Summary

The Secretary of State can make rules to stop certain services that would help international terrorism. The rules can cover people who serve with a designated foreign government's security forces and people who give training or technical help that has a direct military, police, or intelligence use to those forces. The rules can apply when the service happens inside the United States by anyone, or anywhere in the world by a United States person. The Secretary can require licenses for these services and can change, suspend, or cancel those licenses without giving notice. Anyone who willfully breaks the rules can be fined up to $100,000 or fined five times the pay they got for the work (whichever is larger), or go to prison for up to 10 years, or both. The Attorney General and the Secretary of the Treasury may investigate violations. Definitions (one line each): Designated foreign government — a foreign government the Secretary of State has found, under section 4605(j)(1) of title 50, to have repeatedly supported international terrorism. Security forces — a foreign government’s military, paramilitary, police or other law enforcement (including local or regional), and intelligence agencies. United States — includes any State, the District of Columbia, Puerto Rico, the Northern Mariana Islands, and any U.S. territory or possession. United States person — U.S. nationals, permanent residents, and businesses or organizations formed under U.S. law or with their main place of business in the U.S. At least 30 days before issuing or changing rules, the Secretary must send the proposed rules to Congress and must report to Congress at least once every six months about licenses and related information. This authority is in addition to other legal authorities.

Title 22, §2712

Foreign Relations and Intercourse, Source: USLM XML via OLRC

(a)Authority

The Secretary of State may, by regulation, impose controls on the provision of the services described in subsection (b) if the Secretary determines that provision of such services would aid and abet international terrorism.

(b)Services subject to control

The services subject to control under subsection (a) are the following:

(1)Serving in or with the security forces of a designated foreign government.

(2)Providing training or other technical services having a direct military, law enforcement, or intelligence application, to or for the security forces of a designated foreign government.

Any regulations issued to impose controls on services described in paragraph (2) shall list the specific types of training and other services subject to the controls.

(c)Persons subject of controls

These services may be controlled under subsection (a) when they are provided within the United States by any individual or entity and when they are provided anywhere in the world by a United States person.

(d)Licenses

In carrying out subsection (a), the Secretary of State may require licenses, which may be revoked, suspended, or amended, without prior notice, whenever such action is deemed to be advisable.

(e)Definitions

(1)Designated foreign government

As used in this section, the term “designated foreign government” means a foreign government that the Secretary of State has determined, for purposes of section 4605(j)(1) of title 50, has repeatedly provided support for acts of international terrorism.

(2)Security forces

As used in this section, the term “security forces” means any military or paramilitary forces, any police or other law enforcement agency (including any police or other law enforcement agency at the regional or local level), and any intelligence agency of a foreign government.

(3)United States

As used in this section, the term “United States” includes any State, the District of Columbia, the Commonwealth of Puerto Rico, the Commonwealth of the Northern Mariana Islands, and any territory or possession of the United States.

(4)United States person

As used in this section, the term “United States person” means any United States national, any permanent resident alien, and any sole proprietorship, partnership, company, association, or corporation organized under the laws of or having its principal place of business within the United States.

(f)Violations

(1)Penalties

Whoever willfully violates any regulation issued under this section shall be fined not more than $100,000 or five times the total compensation received for the conduct which constitutes the violation, whichever is greater, or imprisoned for not more than ten years, or both, for each such offense.

(2)Investigations

The Attorney General and the Secretary of the Treasury shall have authority to investigate violations of regulations issued under this section.

(g)Congressional oversight

(1)Review of regulations

Not less than 30 days before issuing any regulations under this section (including any amendments thereto), the Secretary of State shall transmit the proposed regulations to the Congress.

(2)Reports

Not less than once every six months, the Secretary of State shall report to the Congress concerning the number and character of licenses granted and denied during the previous reporting period, and such other information as the Secretary may find to be relevant to the accomplishment of the objectives of this section.

(h)Relationship to other laws

The authority granted by this section is in addition to the authorities granted by any other provision of law.

Notes & Related Subsidiaries

Editorial Notes

References in Text

section 4605(j)(1) of title 50, referred to in subsec. (e)(1), was repealed by Pub. L. 115–232, div. A, title XVII, § 1766(a), Aug. 13, 2018, 132 Stat. 2232.

Prior Provisions

A prior section 40 of act Aug. 1, 1956, was renumbered section 41 by section 506(1) of Pub. L. 99–399, and subsequently renumbered, and set out as a

Short Title

of 1956 Amendment note under section 2651 of this title, prior to repeal by Pub. L. 102–138, title I, § 111(1), Oct. 28, 1991, 105 Stat. 654.

§2712 Authority to Control Certain Terrorism-related Services