22 U.S.C. § 8512: Economic sanctions relating…

Summary

Beginning 90 days after July 1, 2010, the United States must apply a set of economic sanctions on Iran. The rules ban most imports from Iran and most exports from the United States or by U.S. persons to Iran, but they allow several exceptions. Exceptions include those already in section 203(b) of the International Emergency Economic Powers Act (for example, information, informational materials, travel-related transactions, and personal communications), food, medicine, medical devices, humanitarian aid, certain Internet services and the hardware or software needed for them, items needed to keep commercial aircraft safe (with Treasury and Commerce approval), goods for the IAEA or for democracy-promoting work, and any export the President says is in the national interest. If the President finds that a person in Iran (including an Iranian diplomat or parts of Iran’s Revolutionary Guard Corps) meets the criteria for sanctions under the International Emergency Economic Powers Act, the President must freeze that person’s funds and assets and any transfers they make to family or associates. U.S. financial institutions must report such funds to the Office of Foreign Assets Control. The President must tell Congress the person’s name within 14 days. Frozen assets must be released if the person no longer meets the criteria. Violators face penalties under the International Emergency Economic Powers Act. The President must write regulations to carry out these rules and may create more exceptions, but no exception for certain Iranian-origin commercial imports listed in 31 C.F.R. 560.534(a) can be made unless the President issues a new rule on or after July 1, 2010 and sends Congress a written certification that the exception is in the national interest plus a report explaining why. Defined term: United States financial institution — a financial institution that is a U.S. person.

Title 22, §8512

Foreign Relations and Intercourse, Source: USLM XML via OLRC

(a)In general

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)Sanctions

The sanctions described in this subsection are the following:

(1)Prohibition on imports

(A)In general

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

(B)Exceptions

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)Prohibition on exports

(A)In general

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)Exceptions

(i)Personal communications; articles to relieve human suffering; information and informational materials; transactions incident to travel

(ii)Food; medicine; humanitarian assistance

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

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

(iii)Internet communications

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

(II)hardware necessary to enable such services; or

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

(iv)Goods, services, or technologies necessary to ensure the safe operation of commercial aircraft

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)Goods, services, or technologies exported to support international organizations

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)Exports in the national interest

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)Freezing assets

(A)In general

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)Reports to the Office of Foreign Assets Control

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)Reports to Congress

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)Termination

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)United States financial institution defined

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)Penalties

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)Regulatory authority

(1)In general

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

(2)Applicability of certain regulations

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

Summary

Title 22, §8512

Notes & Related Subsidiaries

Editorial Notes

References in Text

Short Title

Executive Documents

Citations & Metadata