22 U.S.C. § 8803: Imposition of sanctions with…

Summary

The law names Iran’s energy, shipping, shipbuilding sectors and its ports as helping Iran’s nuclear program. It says the National Iranian Oil Company, the National Iranian Tanker Company, the Islamic Republic of Iran Shipping Lines, their affiliates, and any entities that run Iranian ports are officially treated as “of proliferation concern.” Starting on or after the date 180 days after January 2, 2013, the President must block and prohibit all transactions in any property or property interests of people the President finds are in those sectors, run ports in Iran, or knowingly give major support to such entities or to certain specially designated Iranian persons. Blocked property rules apply if the property is in the United States, comes into the United States, or is controlled by a U.S. person. That blocking rule does not let the President impose sanctions on importing goods. The law also says the President must use at least five of the sanctions listed in section 6(a) of the Iran Sanctions Act of 1996 against anyone who, on or after the date 180 days after January 2, 2013, knowingly sells, supplies, or transfers key goods or services for Iran’s energy, shipping, or shipbuilding work. The President must also restrict or close U.S. correspondent or payable-through accounts for foreign banks that knowingly finance those transactions. Humanitarian sales of food, medicine, medical devices, and aid to the Iranian people are not to be sanctioned. The President can make narrow exceptions for Afghanistan reconstruction if notified to Congress 15 days ahead. Rules about petroleum and natural gas sales and related financial transactions apply only when specific other Presidential findings or country exceptions under related law are in effect. The President may waive these sanctions for up to 180 days at a time if he says it is vital to U.S. national security and gives Congress an unclassified report with a possible classified annex.

Title 22, §8803

Foreign Relations and Intercourse, Source: USLM XML via OLRC

(a)Findings

Congress makes the following findings:

(1)Iran’s energy, shipping, and shipbuilding sectors and Iran’s ports are facilitating the Government of Iran’s nuclear proliferation activities by providing revenue to support proliferation activities.

(2)The United Nations Security Council and the United States Government have expressed concern about the proliferation risks presented by the Iranian nuclear program.

(3)The Director General of the International Atomic Energy Agency (in this section referred to as the “IAEA”) has in successive reports (GOV/2012/37 and GOV/2011/65) identified possible military dimensions of Iran’s nuclear program.

(4)The Government of Iran continues to defy the requirements and obligations contained in relevant IAEA Board of Governors and United Nations Security Council resolutions, including by continuing and expanding uranium enrichment activities in Iran, as reported in IAEA Report GOV/2012/37.

(5)United Nations Security Council Resolution 1929 (2010) recognizes the “potential connection between Iran’s revenues derived from its energy sector and the funding of Iran’s proliferation sensitive nuclear activities”.

(6)The National Iranian Tanker Company is the main carrier for the Iranian Revolutionary Guard Corps-designated National Iranian Oil Company and a key element in the petroleum supply chain responsible for generating energy revenues that support the illicit nuclear proliferation activities of the Government of Iran.

(b)Designation of ports and entities in the energy, shipping, and shipbuilding sectors of Iran as entities of proliferation concern

Entities that operate ports in Iran and entities in the energy, shipping, and shipbuilding sectors of Iran, including the National Iranian Oil Company, the National Iranian Tanker Company, the Islamic Republic of Iran Shipping Lines, and their affiliates, play an important role in Iran’s nuclear proliferation efforts and all such entities are hereby designated as entities of proliferation concern.

(c)Blocking of property of entities in energy, shipping, and shipbuilding sectors

(1)Blocking of property

(A)In general

On and after the date that is 180 days after January 2, 2013, the President shall block and prohibit all transactions in all property and interests in property of any person described in paragraph (2) 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)Exception

The requirement to block and prohibit all transactions in all property and interests in property under subparagraph (A) shall not include the authority to impose sanctions on the importation of goods.

(2)Persons described

A person is described in this paragraph if the President determines that the person, on or after the date that is 180 days after January 2, 2013—

(A)is part of the energy, shipping, or shipbuilding sectors of Iran;

(B)operates a port in Iran; or

(C)knowingly provides significant financial, material, technological, or other support to, or goods or services in support of any activity or transaction on behalf of or for the benefit of—

(i)a person determined under subparagraph (A) to be a part of the energy, shipping, or shipbuilding sectors of Iran;

(ii)a person determined under subparagraph (B) to operate a port in Iran; or

(iii)an Iranian person included on the list of specially designated nationals and blocked persons maintained by the Office of Foreign Assets Control of the Department of the Treasury (other than an Iranian financial institution described in paragraph (3)).

(3)Iranian financial institutions described

An Iranian financial institution described in this paragraph is an Iranian financial institution that has not been designated for the imposition of sanctions in connection with—

(A)Iran’s proliferation of weapons of mass destruction or delivery systems for weapons of mass destruction;

(B)Iran’s support for international terrorism; or

(C)Iran’s abuses of human rights.

(d)Additional sanctions with respect to the energy, shipping, and shipbuilding sectors of Iran

(1)Sale, supply, or transfer of certain goods and services

(A)In general

Except as provided in this section, the President shall impose 5 or more of the sanctions described in section 6(a) of the Iran Sanctions Act of 1996 (Public Law 104–172; 50 U.S.C. 1701 note) with respect to a person if the President determines that the person knowingly, on or after the date that is 180 days after January 2, 2013, sells, supplies, or transfers to or from Iran goods or services described in paragraph (3).

(B)Exception

The requirement to impose sanctions under subparagraph (A) shall not include the authority to impose sanctions relating to the importation of goods under paragraph (8)(A) or (12) of section 6(a) of the Iran Sanctions Act of 1996, and any sanction relating to the importation of goods shall not count for purposes of the requirement to impose sanctions under subparagraph (A).

(2)Facilitation of certain transactions

Except as provided in this section, the President shall prohibit the opening, and prohibit or impose strict conditions on the maintaining, in the United States of a correspondent account or a payable-through account by a foreign financial institution that the President determines knowingly, on or after the date that is 180 days after January 2, 2013, conducts or facilitates a significant financial transaction for the sale, supply, or transfer to or from Iran of goods or services described in paragraph (3).

(3)Goods and services described

Goods or services described in this paragraph are significant goods or services used in connection with the energy, shipping, or shipbuilding sectors of Iran, including the National Iranian Oil Company, the National Iranian Tanker Company, and the Islamic Republic of Iran Shipping Lines.

(e)Humanitarian exception

The President may not impose sanctions under this section with respect to any person for conducting or facilitating a transaction for the sale of agricultural commodities, food, medicine, or medical devices to Iran or for the provision of humanitarian assistance to the people of Iran.

(f)Exception for Afghanistan reconstruction

The President may provide for an exception from the imposition of sanctions under this section for reconstruction assistance or economic development for Afghanistan—

(1)to the extent that the President determines that such an exception is in the national interest of the United States; and

(2)if the President submits to the appropriate congressional committees a notification of and justification for the exception not later than 15 days before issuing the exception.

(g)Applicability of sanctions to petroleum and petroleum products

(1)In general

Except as provided in paragraph (2), this section shall apply with respect to the purchase of petroleum or petroleum products from Iran only if, at the time of the purchase, a determination of the President under section 8513a(d)(4)(B) of this title that the price and supply of petroleum and petroleum products produced in countries other than Iran is sufficient to permit purchasers of petroleum and petroleum products from Iran to reduce significantly their purchases from Iran is in effect.

(2)Exception for certain countries

(A)Exportation

This section shall not apply with respect to the exportation of petroleum or petroleum products from Iran to a country to which the exception under section 8513a(d)(4)(D)(i) of this title applies at the time of the exportation of the petroleum or petroleum products.

(B)Financial transactions

(i)In general

This section shall not apply with respect to a financial transaction described in clause (ii) conducted or facilitated by a foreign financial institution if, at the time of the transaction, the exception under section 8513a(d)(4)(D)(i) of this title applies to the country with primary jurisdiction over the foreign financial institution.

(ii)Financial transactions described

A financial transaction conducted or facilitated by a foreign financial institution is described in this clause if—

(I)the financial transaction is only for trade in goods or services—

(aa)not otherwise subject to sanctions under the law of the United States; and

(bb)between the country with primary jurisdiction over the foreign financial institution and Iran; and

(II)any funds owed to Iran as a result of such trade are credited to an account located in the country with primary jurisdiction over the foreign financial institution.

(h)Applicability of sanctions to natural gas

(1)Sale, supply, or transfer

Except as provided in paragraph (2), this section shall not apply to the sale, supply, or transfer to or from Iran of natural gas.

(2)Financial transactions

This section shall apply to a foreign financial institution that conducts or facilitates a financial transaction for the sale, supply, or transfer to or from Iran of natural gas unless—

(A)the financial transaction is only for trade in goods or services—

(i)not otherwise subject to sanctions under the law of the United States; and

(ii)between the country with primary jurisdiction over the foreign financial institution and Iran; and

(B)any funds owed to Iran as a result of such trade are credited to an account located in the country with primary jurisdiction over the foreign financial institution.

(i)Waiver

(1)In general

The President may waive the imposition of sanctions under this section for a period of not more than 180 days, and may renew that waiver for additional periods of not more than 180 days, if the President—

(A)determines that such a waiver is vital to the national security of the United States; and

(B)submits to the appropriate congressional committees a report providing a justification for the waiver.

(2)Form of report

Each report submitted under paragraph (1)(B) shall be submitted in unclassified form, but may include a classified annex.

Executive Documents

Delegation of Functions For delegation of certain functions and authorities vested in the President by this section, see Memorandum of President of the United States, June 3, 2013, 78 F.R. 35545, set out as a note under section 8801 of this title.

§8803 Imposition of Sanctions with Respect to the Energy, Shipping, and Shipbuilding Sectors of Iran

Summary

Title 22, §8803

Notes & Related Subsidiaries

Executive Documents

Citations & Metadata