§8741 — Title 22 Foreign Relations and Intercourse | U.S. Code

Summary

The President must, no later than 90 days after August 10, 2012, and when needed after that, identify foreign people who are officials, agents, or affiliates of Iran’s Revolutionary Guard Corps. If those people are not already labeled under the International Emergency Economic Powers Act (IEEPA), the President must designate them and freeze and ban all deals in any of their property that is in the United States, comes into the United States, or is controlled by a U.S. person. The President should first look at people named under 31 C.F.R. 560.304 and anyone reasonably suspected of doing certain “sensitive” activities. Sensitive activities include five types, for example: financial deals over $1,000,000 in any 12-month period with non-Iranian banks; transactions helping Iran develop nuclear, chemical, biological, or advanced weapons or missiles; deals tied to Iran’s energy or petrochemical sectors (like developing resources, exporting petroleum, importing refined fuel, or building refining capacity); and buying sensitive technologies defined in section 8515(c). On or after August 10, 2012, the Secretary of State must deny visas and the Secretary of Homeland Security must keep out any alien who has been designated under IEEPA, but the President can set regulations and exceptions, including to follow the U.N. Headquarters Agreement (signed June 26, 1947; in force November 21, 1947) and other international duties. The President may waive the sanctions or visa bans if it is vital to U.S. national security, but must send a report to the appropriate congressional committees naming the person and explaining why. That report must be unclassified but may have a classified annex. Nothing here removes any U.S. sanctions on the Revolutionary Guard that were already in effect on August 10, 2012.

Title 22, §8741

Foreign Relations and Intercourse — Source: USLM XML via OLRC

(a)Not later than 90 days after August 10, 2012, and as appropriate thereafter, the President shall—

(1)identify foreign persons that are officials, agents, or affiliates of Iran’s Revolutionary Guard Corps; and

(2)for each foreign person identified under paragraph (1) that is not already designated for the imposition of sanctions pursuant to the International Emergency Economic Powers Act (50 U.S.C. 1701 et seq.)—

(A)designate that foreign person for the imposition of sanctions pursuant to that Act; and

(B)block and prohibit all transactions in all property and interests in property of that foreign person if such property and interests in property are in the United States, come within the United States, or are or come within the possession or control of a United States person.

(b)In identifying foreign persons pursuant to subsection (a)(1) as officials, agents, or affiliates of Iran’s Revolutionary Guard Corps, the President shall give priority to investigating—

(1)foreign persons or entities identified under section 560.304 of title 31, Code of Federal Regulations (relating to the definition of the Government of Iran); and

(2)foreign persons for which there is a reasonable basis to find that the person has conducted or attempted to conduct one or more sensitive transactions or activities described in subsection (c).

(c)A sensitive transaction or activity described in this subsection is—

(1)a financial transaction or series of transactions valued at more than $1,000,000 in the aggregate in any 12-month period involving a non-Iranian financial institution;

(2)a transaction to facilitate the manufacture, importation, exportation, or transfer of items needed for the development by Iran of nuclear, chemical, biological, or advanced conventional weapons, including ballistic missiles;

(3)a transaction relating to the manufacture, procurement, or sale of goods, services, and technology relating to Iran’s energy sector, including a transaction relating to the development of the energy resources of Iran, the exportation of petroleum products from Iran, the importation of refined petroleum to Iran, or the development of refining capacity available to Iran;

(4)a transaction relating to the manufacture, procurement, or sale of goods, services, and technology relating to Iran’s petrochemical sector; or

(5)a transaction relating to the procurement of sensitive technologies (as defined in section 8515(c) of this title).

(d)(1)Subject to paragraph (2), the Secretary of State shall deny a visa to, and the Secretary of Homeland Security shall exclude from the United States, any alien who, on or after August 10, 2012, is a foreign person designated pursuant to subsection (a) for the imposition of sanctions pursuant to the International Emergency Economic Powers Act (50 U.S.C. 1701 et seq.).

(2)The requirement to deny visas to and exclude aliens from the United States pursuant to paragraph (1) shall be subject to such regulations as the President may prescribe, including regulatory exceptions to permit the United States to comply with the Agreement between the United Nations and the United States of America regarding the Headquarters of the United Nations, signed June 26, 1947, and entered into force November 21, 1947, and other applicable international obligations.

(e)(1)The President may waive the application of subsection (a) or (d) with respect to a foreign person if the President—

(A)determines that it is vital to the national security interests of the United States to do so; and

(B)submits to the appropriate congressional committees a report that—

(i)identifies the foreign person with respect to which the waiver applies; and

(ii)sets forth the reasons for the determination.

(2)A report submitted under paragraph (1)(B) shall be submitted in unclassified form but may contain a classified annex.

(f)Nothing in this section shall be construed to remove any sanction of the United States in force with respect to Iran’s Revolutionary Guard Corps as of August 10, 2012.

Notes & Related Subsidiaries

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

Editorial Notes

References in Text

The International Emergency Economic Powers Act, referred to in subsecs. (a)(2) and (d)(1), 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.

§8741 Identification Of, and Imposition of Sanctions with Respect To, Officials, Agents, and Affiliates of Iran’s Revolutionary Guard Corps