22 U.S.C. § 9410: Exceptions for national…

Summary

Certain activities are not punished under sections 9403, 9404, 9405, and 9406. That includes activities covered by reporting rules under Title V of the National Security Act (50 U.S.C. 3091 et seq.) or by U.S. intelligence work; letting someone into the United States when needed to follow the U.N. Headquarters Agreement (June 26, 1947, entered into force Nov. 21, 1947), the Vienna Convention on Consular Relations (April 24, 1963, entered into force Mar. 19, 1967), or other U.S. international duties; and sales or help to send agricultural goods, food, medicine, or medical devices to Iran or other humanitarian aid to the Iranian people, including related financial transactions and transport. The President may use the powers in the International Emergency Economic Powers Act (sections 203 and 205, 50 U.S.C. 1702 and 1704) to carry out these rules, and nothing here limits the President’s IEEPA authority. Definitions (one line each): Agricultural commodity — defined in 7 U.S.C. 5602. Good — defined in 50 U.S.C. 4618. Medical device — same as “device” in 21 U.S.C. 321. Medicine — same as “drug” in 21 U.S.C. 321.

Title 22, §9410

Foreign Relations and Intercourse, Source: USLM XML via OLRC

(a)In general

The following activities shall be exempt from sanctions under section 9403, 9404, 9405, and 9406 of this title:

(1)Any activity subject to the reporting requirements under title V of the National Security Act of 1947 (50 U.S.C. 3091 et seq.), or to any authorized intelligence activities of the United States.

(2)The admission of an alien to the United States if such admission is necessary to comply with United States obligations under the Agreement between the United Nations and the United States of America regarding the Headquarters of the United Nations, signed at Lake Success June 26, 1947, and entered into force November 21, 1947, or under the Convention on Consular Relations, done at Vienna April 24, 1963, and entered into force March 19, 1967, or other applicable international obligations of the United States.

(3)The conduct or facilitation of 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, including engaging in a financial transaction relating to humanitarian assistance or for humanitarian purposes or transporting goods or services that are necessary to carry out operations relating to humanitarian assistance or humanitarian purposes.

(b)Implementation

The President may exercise all authorities provided under section 203 and 205 of the International Emergency Economic Powers Act (50 U.S.C. 1702 and 1704) to carry out this chapter.

(c)Rule of construction

Nothing in this chapter shall be construed to limit the authority of the President under the International Emergency Economic Powers Act (50 U.S.C. 1701 et seq.).

(d)Definitions

In this section: (1) Agricultural commodity

(2)Good

The term “good” has the meaning given that term in section 4618 of title 50 (as continued in effect pursuant to the International Emergency Economic Powers Act (50 U.S.C. 1701 et seq.)).

(3)Medical device

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

(4)Medicine

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

Notes & Related Subsidiaries

Editorial Notes

References in Text

The National Security Act of 1947, referred to in subsec. (a)(1), is act July 26, 1947, ch. 343, 61 Stat. 495. Title V of the Act is classified generally to subchapter III (§ 3091 et seq.) of chapter 44 of Title 50, War and National Defense. For complete classification of this Act to the Code, see Tables. This chapter, referred to in subsecs. (b) and (c), was in the original “this Act”, and was translated as reading “this title”, meaning title I of Pub. L. 115–44, known as the Countering Iran’s Destabilizing Activities Act of 2017, to reflect the probable intent of Congress. The International Emergency Economic Powers Act, referred to in subsecs. (c) and (d)(2), 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. Section 4618 of title 50, referred to in subsec. (d)(2), was repealed by Pub. L. 115–232, div. A, title XVII, § 1766(a), Aug. 13, 2018, 132 Stat. 2232.

Executive Documents

Delegation of Functions For delegation of functions of President under subsec. (b) of this section to the Secretary of State and the Secretary of the Treasury, see section 1(e)(iii) of Memorandum of President of the United States, Oct. 11, 2017, 82 F.R. 50052, set out in a note under section 9403 of this title.

§9410 Exceptions for National Security and Humanitarian Assistance; Rule of Construction