§8512 — Title 22 Foreign Relations and Intercourse | U.S. Code

Summary

Starting 90 days after July 1, 2010, the United States bans most trade and other economic dealings with Iran. No goods or services of Iranian origin may be brought into the U.S., except for the narrow exceptions already in section 203(b) of the International Emergency Economic Powers Act (50 U.S.C. 1702(b)). Most U.S.-origin goods, services, and technology may not be sent to Iran or by U.S. persons, but there are specific exceptions: agricultural products, food, medicine, and medical devices; humanitarian items; services, software, and hardware needed for personal internet communications and internet access; items needed to keep U.S.-made commercial aircraft safe (with Treasury approval and Commerce consultation); items for the International Atomic Energy Agency or to support democracy and NGO activity in Iran; and any export the President finds is in the national interest. The President must freeze the funds and other assets of any person in Iran who meets the criteria for IEEPA designation, and freeze any funds that person transfers on or after that determination to family or associates. U.S. financial institutions must report such frozen assets to the Office of Foreign Assets Control. The President must report the name of anyone whose assets are frozen to the appropriate congressional committees within 14 days, and must unfreeze assets if the person no longer meets the designation criteria. Violations carry the penalties found in subsections (b) and (c) of section 206 of the International Emergency Economic Powers Act (50 U.S.C. 1705). The President must issue regulations to implement these rules and may create exceptions. No exception to the import ban for the specific Iranian-origin commercial good described in 31 C.F.R. 560.534(a) (as in effect the day before July 1, 2010) may be made unless the President issues a regulation on or after July 1, 2010 and sends a written certification to the appropriate congressional committees that the exception is in the national interest plus a report explaining why. "United States financial institution" means a financial institution that is a U.S. person as defined in section 14 of the Iran Sanctions Act of 1996 (50 U.S.C. 1701 note).

Title 22, §8512

Foreign Relations and Intercourse — Source: USLM XML via OLRC

(a)Notwithstanding section 101 of the Iran Freedom Support Act (Public Law 109–293; 120 Stat. 1344), and in addition to any other sanction in effect, beginning on the date that is 90 days after July 1, 2010, the economic sanctions described in subsection (b) shall apply with respect to Iran.

(b)The sanctions described in this subsection are the following:

(1)(A)Except as provided in subparagraph (B), no good or service of Iranian origin may be imported directly or indirectly into the United States.

(B)The exceptions provided for in section 203(b) of the International Emergency Economic Powers Act (50 U.S.C. 1702(b)), including the exception for information and informational materials, shall apply to the prohibition in subparagraph (A) of this paragraph to the same extent that such exceptions apply to the authority provided under section 203(a) of that Act.

(2)(A)Except as provided in subparagraph (B), no good, service, or technology of United States origin may be exported to Iran from the United States or by a United States person, wherever located.

(B)(i)The exceptions provided for in section 203(b) of the International Emergency Economic Powers Act (50 U.S.C. 1702(b)), including the exception for information and informational materials, shall apply to the prohibition in subparagraph (A) of this paragraph to the same extent that such exceptions apply to the authority provided under section 203(a) of that Act.

(ii)The prohibition in subparagraph (A) shall not apply to the exportation of—

(I)agricultural commodities, food, medicine, or medical devices; or

(II)articles exported to Iran to provide humanitarian assistance to the people of Iran.

(iii)The prohibition in subparagraph (A) shall not apply to the exportation of—

(I)services incident to the exchange of personal communications over the Internet or software necessary to enable such services, as provided for in section 560.540 of title 31, Code of Federal Regulations (or any corresponding similar regulation or ruling);

(II)hardware necessary to enable such services; or

(III)hardware, software, or technology necessary for access to the Internet.

(iv)The prohibition in subparagraph (A) shall not apply to the exportation of goods, services, or technologies necessary to ensure the safe operation of commercial aircraft produced in the United States or commercial aircraft into which aircraft components produced in the United States are incorporated, if the exportation of such goods, services, or technologies is approved by the Secretary of the Treasury, in consultation with the Secretary of Commerce, pursuant to regulations issued by the Secretary of the Treasury regarding the exportation of such goods, services, or technologies, if appropriate.

(v)The prohibition in subparagraph (A) shall not apply to the exportation of goods, services, or technologies that—

(I)are provided to the International Atomic Energy Agency and are necessary to support activities of that Agency in Iran; or

(II)are necessary to support activities, including the activities of nongovernmental organizations, relating to promoting democracy in Iran.

(vi)The prohibition in subparagraph (A) shall not apply to the exportation of goods, services, or technologies if the President determines the exportation of such goods, services, or technologies to be in the national interest of the United States.

(3)(A)At such time as the President determines that a person in Iran, including an Iranian diplomat or representative of another government or military or quasi-governmental institution of Iran (including Iran’s Revolutionary Guard Corps and its affiliates), satisfies the criteria for designation with respect to the imposition of sanctions under the authority of the International Emergency Economic Powers Act (50 U.S.C. 1701 et seq.), the President shall take such action as may be necessary to freeze, as soon as possible—

(i)the funds and other assets belonging to that person; and

(ii)any funds or other assets that person transfers, on or after the date on which the President determines the person satisfies such criteria, to any family member or associate acting for or on behalf of the person.

(B)The action described in subparagraph (A) includes requiring any United States financial institution that holds funds or assets of a person described in that subparagraph or funds or assets that person transfers to a family member or associate described in that subparagraph to report promptly to the Office of Foreign Assets Control information regarding such funds and assets.

(C)Not later than 14 days after a decision is made to freeze the funds or assets of any person under subparagraph (A), the President shall report the name of the person to the appropriate congressional committees. Such a report may contain a classified annex.

(D)The President shall release assets or funds frozen under subparagraph (A) if the person to which the assets or funds belong or the person that transfers the assets or funds as described in subparagraph (A)(ii) (as the case may be) no longer satisfies the criteria for designation with respect to the imposition of sanctions under the authority of the International Emergency Economic Powers Act (50 U.S.C. 1701 et seq.).

(E)In this paragraph, the term “United States financial institution” means a financial institution (as defined in section 14 of the Iran Sanctions Act of 1996 (Public Law 104–172; 50 U.S.C. 1701 note)) that is a United States person.

(c)The penalties provided for in subsections (b) and (c) of section 206 of the International Emergency Economic Powers Act (50 U.S.C. 1705) shall apply to a person that violates, attempts to violate, conspires to violate, or causes a violation of this section or regulations prescribed under this section to the same extent that such penalties apply to a person that commits an unlawful act described in section 206(a) of that Act.

(d)(1)The President shall prescribe regulations to carry out this section, which may include regulatory exceptions to the sanctions described in subsection (b).

(2)No exception to the prohibition under subsection (b)(1) may be made for the commercial importation of an Iranian origin good described in section 560.534(a) of title 31, Code of Federal Regulations (as in effect on the day before July 1, 2010), unless the President—

(A)prescribes a regulation providing for such an exception on or after July 1, 2010; and

(B)submits to the appropriate congressional committees—

(i)a certification in writing that the exception is in the national interest of the United States; and

(ii)a report describing the reasons for the exception.

Notes & Related Subsidiaries

Termination of SectionFor termination of section, see section 8551(a) of this title.

Editorial Notes

References in Text

section 101 of the Iran Freedom Support Act, referred to in subsec. (a), is section 101 of Pub. L. 109–293, which is set out as a note under section 1701 of Title 50, War and National Defense. The International Emergency Economic Powers Act, referred to in subsec. (b)(3)(A), (D), 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

Short Title

note set out under section 1701 of Title 50 and Tables.

Executive Documents

Delegation of Functions For delegation of functions of President under this section, see Memorandum of President of the United States, Sept. 23, 2010, 75 F.R. 67025, set out as a note under section 8501 of this title.

§8512 Economic Sanctions Relating to Iran