22 U.S.C. § 8722: Imposition of sanctions with…

Summary

The President must impose at least five of the Iran Sanctions Act penalties within 60 days after August 10, 2012, against anyone who, knowing it after that date, provides underwriting, insurance, or reinsurance for the National Iranian Oil Company, the National Iranian Tanker Company, or their successors. The President can choose not to punish a person who shows they used proper checks and controls to avoid doing business with those companies. No penalties may be applied for underwriting or insurance that only covers food, farm goods, medicine, medical devices, or humanitarian aid. The President may also hold off on sanctions if given reliable promises that the person will stop those services by 120 days after August 10, 2012. The law says several parts of the Iran Sanctions Act apply to these penalties (for example, sections 4(c), 5(c),(d),(f), 8, 9, 11, 12, 13(b), and 14). The President still keeps authority to use other laws to impose sanctions. Definitions referenced: agricultural commodity (see Title 7), medical device (see Title 21, "device"), and medicine (see Title 21, "drug").

Title 22, §8722

Foreign Relations and Intercourse, Source: USLM XML via OLRC

(a)In general

Except as provided in subsection (b), not later than 60 days after August 10, 2012, the President shall impose 5 or more of the sanctions described in section 6(a) of the Iran Sanctions Act of 1996, as amended by section 204, with respect to a person if the President determines that the person knowingly, on or after August 10, 2012, provides underwriting services or insurance or reinsurance for the National Iranian Oil Company, the National Iranian Tanker Company, or a successor entity to either such company.

(b)Exceptions

(1)Underwriters and insurance providers exercising due diligence

The President is authorized not to impose sanctions under subsection (a) 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 provide underwriting services or insurance or reinsurance for the National Iranian Oil Company, the National Iranian Tanker Company, or a successor entity to either such company.

(2)Food; medicine; humanitarian assistance

The President may not impose sanctions under subsection (a) for the provision of underwriting services or insurance or reinsurance for any activity relating solely to—

(A)the provision of agricultural commodities, food, medicine, or medical devices to Iran; or

(B)the provision of humanitarian assistance to the people of Iran.

(3)Termination period

The President is authorized not to impose sanctions under subsection (a) with respect to a person if the President receives reliable assurances that the person will terminate the provision of underwriting services or insurance or reinsurance for the National Iranian Oil Company, the National Iranian Tanker Company, and any successor entity to either such company, not later than the date that is 120 days after August 10, 2012.

(c)Definitions

In this section: (1) Agricultural commodity

(2)Medical device

The term “medical device” has the meaning given the term “device” in section 321 of title 21.

(3)Medicine

The term “medicine” has the meaning given the term “drug” in section 321 of title 21.

(d)Application of provisions of Iran Sanctions Act of 1996

The following provisions of the Iran Sanctions Act of 1996, as amended by this Act, apply with respect to the imposition of sanctions under subsection (a) to the same extent that such provisions apply with respect to the imposition of sanctions under section 5(a) of the Iran Sanctions Act of 1996:

(1)Subsection (c) of section 4.

(2)Subsections (c), (d), and (f) of section 5.

(3)section 8.

(4)section 9.

(5)section 11.

(6)section 12.

(7)Subsection (b) of section 13.

(8)section 14.

(e)Rule of construction and implementation

Nothing in this section shall be construed to limit the authority of the President to impose sanctions pursuant to the Iran Sanctions Act of 1996 (Public Law 104–172; 50 U.S.C. 1701 note), the Comprehensive Iran Sanctions, Accountability, and Divestment Act of 2010 (22 U.S.C. 8501 et seq.), the International Emergency Economic Powers Act (50 U.S.C. 1701 et seq.), section 8513a of this title, or any other provision of this Act.

Notes & Related Subsidiaries

Termination of SectionFor termination of section, see section 8785(a) of this title.

Editorial Notes

References in Text

The Iran Sanctions Act of 1996, referred to in subsecs. (a), (d), and (e), is Pub. L. 104–172, Aug. 5, 1996, 110 Stat. 1541, which is set out as a note under section 1701 of Title 50, War and National Defense. section 6(a) of the Act, as amended by section 204, is section 6(a) of Pub. L. 104–172, as amended by section 204 of Pub. L. 112–158. This Act, referred to in subsecs. (d) and (e), is Pub. L. 112–158, Aug. 10, 2012, 126 Stat. 1214, known as the Iran Threat Reduction and Syria Human Rights Act of 2012, which is classified principally to this chapter. For complete classification of this Act to the Code, see

Short Title

note set out under section 8701 of this title and Tables. The Comprehensive Iran Sanctions, Accountability, and Divestment Act of 2010, referred to in subsec. (e), 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

Short Title

note set out under section 8501 of this title and Tables. The International Emergency Economic Powers Act, referred to in subsec. (e), 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.

§8722 Imposition of Sanctions with Respect to Provision of Underwriting Services or Insurance or Reinsurance for the National Iranian Oil Company or the National Iranian Tanker Company

Summary

Title 22, §8722

Notes & Related Subsidiaries

Editorial Notes

References in Text

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