22 U.S.C. § 9411: Presidential waiver authority

Summary

The President can temporarily lift certain Iran-related sanctions listed in sections 9403–9407 for a specific person for up to 180 days. Before doing so, the President must tell the right congressional committees that the waiver is vital to U.S. national security and wait at least 30 days after sending that report. The President can renew the waiver for another up to 180 days if he sends the required report at least 15 days before the current waiver ends, and he can keep renewing by following the same steps each time. The report must give a detailed reason why the waiver is vital, describe what the person did to get sanctioned, explain any U.S. efforts to get the country with primary jurisdiction to stop or punish the activity, and assess how the activity helps Iran threaten the U.S. or its allies, build weapons-delivery systems, support terrorism, or violate human rights. After the report is sent, the President is not required to impose or keep the sanctions during the 30-day waiting period.

Title 22, §9411

Foreign Relations and Intercourse, Source: USLM XML via OLRC

(a)Case-by-case waiver authority

(1)In general

The President may waive, on a case-by-case basis and for a period of not more than 180 days, a requirement under section 9403, 9404, 9405, 9406, or 9407 of this title to impose or maintain sanctions with respect to a person, and may waive the continued imposition of such sanctions, not less than 30 days after the President determines and reports to the appropriate congressional committees that it is vital to the national security interests of the United States to waive such sanctions.

(2)Renewal of waivers

The President may, on a case-by-case basis, renew a waiver under paragraph (1) for an additional period of not more than 180 days if, not later than 15 days before that waiver expires, the President makes the determination and submits to the appropriate congressional committees a report described in paragraph (1).

(3)Successive renewal

The renewal authority provided under paragraph (2) may be exercised for additional successive periods of not more than 180 days if the President follows the procedures set forth in paragraph (2), and submits the report described in paragraph (1), for each such renewal.

(b)Contents of waiver reports

Each report submitted under subsection (a) in connection with a waiver of sanctions under section 9403, 9404, 9405, 9406, or 9407 of this title with respect to a person, or the renewal of such a waiver, shall include—

(1)a specific and detailed rationale for the determination that the waiver is vital to the national security interests of the United States;

(2)a description of the activity that resulted in the person being subject to sanctions;

(3)an explanation of any efforts made by the United States, as applicable, to secure the cooperation of the government with primary jurisdiction over the person or the location where the activity described in paragraph (2) occurred in terminating or, as appropriate, penalizing the activity; and

(4)an assessment of the significance of the activity described in paragraph (2) in contributing to the ability of Iran to threaten the interests of the United States or allies of the United States, develop systems capable of delivering weapons of mass destruction, support acts of international terrorism, or violate the human rights of any person in Iran.

(c)Effect of report on waiver

If the President submits a report under subsection (a) in connection with a waiver of sanctions under section 9403, 9404, 9405, 9406, or 9407 of this title with respect to a person, or the renewal of such a waiver, the President shall not be required to impose or maintain sanctions under section 9403, 9404, 9405, 9406, or 9407 of this title, as applicable, with respect to the person described in the report during the 30-day period referred to in subsection (a).

Notes & Related Subsidiaries

Executive Documents

Delegation of Functions For delegation of functions of President under this section to the Secretary of State, in consultation with the Secretary of the Treasury, see section 1(b)(vi) of Memorandum of President of the United States, Oct. 11, 2017, 82 F.R. 50051, set out in a note under section 9403 of this title.

§9411 Presidential Waiver Authority

Summary

Title 22, §9411

Notes & Related Subsidiaries

Executive Documents

Citations & Metadata