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

Summary

The President can use the powers in 50 U.S.C. 1702 to impose sanctions on foreign people tied to severe human trafficking in the United States. That includes people who play a major role in such trafficking, those who help or fund them or provide goods or technology, people owned, controlled, or acting for them, and foreign government officials who take part in or allow trafficking for big financial gain. Penalties under 50 U.S.C. 1705 apply if someone breaks any license, order, or rule made under this authority. The President must tell the right congressional committees and publicly name the people targeted, explain why, and list the sanctions. The President must also report any suspensions or endings of those actions and may include a classified annex. The President can delegate these powers to agency heads (including the Treasury), and those agencies can make rules. The rules must let a person quickly ask to be heard, in person or by a representative, to seek changes or an end to a designation. “Foreign person” means a foreign citizen, national, non‑U.S. entity, or foreign government official, but not a foreign state. Courts may review 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