§9423 — Title 22 Foreign Relations and Intercourse | U.S. Code

Summary

On or after April 24, 2024, the President must put sanctions on any foreign person he finds knowingly involved with Iran’s missile, drone, or related technology. That includes anyone who helps Iran get, make, move, or use such technology; gives parts or equipment that could help build it; works with Iran on missile or drone projects (including training, storage, or transport); trades in certain arms banned by United Nations rules as of April 1, 2023; gives major support or does big business with people already sanctioned for these things; and adult family members of such people. The penalties let the President block any property in the United States under the International Emergency Economic Powers Act (50 U.S.C. 1701 et seq.). Affected people cannot get visas, be admitted, or be paroled into the United States, and any visas can be revoked immediately and cancel other valid visas. Violators face the penalties in 50 U.S.C. 1705. The President may waive a sanction for up to 180 days if he sends written justification to Congress at least 15 days before the waiver starts. The President must issue rules to carry this out within 120 days after April 24, 2024, and tell Congress at least 10 days before those rules are final. These sanctions do not apply to certain intelligence activities or limited admissions needed for the U.N. headquarters agreement or law enforcement. The rules stop 30 days after the President certifies to Congress that Iran no longer repeatedly supports international terrorism (as the Secretary of State determines under applicable law, including 50 U.S.C. 4813(c)(1)(A), 2371, or 2780) and has stopped and verifiably dismantled its nuclear, biological, and chemical weapons and ballistic missiles and launch technology.

Title 22, §9423

Foreign Relations and Intercourse — Source: USLM XML via OLRC

(a)The sanctions described in subsection (b) shall apply to any foreign person the President determines, on or after April 24, 2024—

(1)knowingly engages in any effort to acquire, possess, develop, transport, transfer, or deploy covered technology to, from, or involving the Government of Iran or Iran-aligned entities, regardless of whether the restrictions set forth in Annex B to United Nations Security Council Resolution 2231 (2015) remain in effect after October 2023;

(2)knowingly provides entities owned or controlled by the Government of Iran or Iran-aligned entities with goods, technology, parts, or components, that may contribute to the development of covered technology;

(3)knowingly participates in joint missile or drone development, including development of covered technology, with the Government of Iran or Iran-aligned entities, including technical training, storage, and transport;

(4)knowingly imports, exports, or re-exports to, into, or from Iran, whether directly or indirectly, any significant arms or related materiel prohibited under paragraph (5) or (6) to Annex B of United Nations Security Council Resolution 2231 (2015) as of April 1, 2023;

(5)knowingly provides significant financial, material, or technological support to, or knowingly engages in a significant transaction with, a foreign person subject to sanctions for conduct described in paragraph (1), (2), (3), or (4); or

(6)is an adult family member of a person subject to sanctions for conduct described in paragraph (1), (2), (3), or (4).

(b)The sanctions described in this subsection are the following:

(1)The President shall exercise all authorities granted under the International Emergency Economic Powers Act (50 U.S.C. 1701 et seq.) to the extent necessary to block and prohibit all transactions in property and interests in property of the foreign person if such property and interests in property are in the United States, come within the United States, or come within the possession or control of a United States person.

(2)(A)An alien described in subsection (a) shall be—

(i)inadmissible to the United States;

(ii)ineligible to receive a visa or other documentation to enter the United States; and

(iii)otherwise ineligible to be admitted or paroled into the United States or to receive any other benefit under the Immigration and Nationality Act (8 U.S.C. 1101 et 16 11 So in original. The number “16” probably should not appear. seq.).

(B)(i)The visa or other entry documentation of any alien described in subsection (a) is subject to revocation regardless of the issue date of the visa or other entry documentation.

(ii)A revocation under clause (i) shall, in accordance with section 221(i) of the Immigration and Nationality Act (8 U.S.C. 1201(i))—

(I)take effect immediately; and

(II)cancel any other valid visa or entry documentation that is in the possession of the alien.

(c)Any person that violates, or attempts to violate, subsection (b) or any regulation, license, or order issued pursuant to that subsection, shall be subject to the penalties set forth in subsections (b) and (c) of section 206 of the International Economic 22 So in original. Probably should be preceded by “Emergency”. Powers Act (50 U.S.C. 1705) to the same extent as a person that commits an unlawful act described in subsection (a) of that section.

(d)The President may waive the application of sanctions under this section with respect to a foreign person for renewable periods not to exceed 180 days only if, not later than 15 days after the date on which the waiver is to take effect, the President submits to the appropriate congressional committees a written determination and justification that the waiver is in the vital national security interests of the United States.

(e)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 any amendments made by this section.

(f)(1)The President shall, not later than 120 days after April 24, 2024, promulgate regulations as necessary for the implementation of this division and the amendments made by this division.

(2)Not less than 10 days before the promulgation of regulations under subsection (a), the President shall notify the appropriate congressional committees of the proposed regulations and the provisions of this division and the amendments made by this division that the regulations are implementing.

(g)(1)Sanctions under this section shall not apply to 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 any authorized intelligence activities of the United States.

(2)Sanctions under this section shall not apply with respect to an alien if admitting or paroling the alien into the United States is necessary—

(A)to permit the United States to comply with the Agreement regarding the Headquarters of the United Nations, signed at Lake Success June 26, 1947, and entered into force November 21, 1947, between the United Nations and the United States, or other applicable international obligations; or

(B)to carry out or assist authorized law enforcement activity in the United States.

(h)This section shall cease to be effective beginning on the date that is 30 days after the date on which the President certifies to the appropriate congressional committees that—

(1)the Government of Iran no longer repeatedly provides support for international terrorism as determined by the Secretary of State pursuant to—

(A)section 4813(c)(1)(A) of title 50;

(B)section 2371 of this title;

(C)section 2780 of this title; or

(D)any other provision of law; and

(2)Iran has ceased the pursuit, acquisition, and development of, and verifiably dismantled its, nuclear, biological, and chemical weapons and ballistic missiles and ballistic missile launch technology.

Notes & Related Subsidiaries

Editorial Notes

References in Text

The International Emergency Economic Powers Act, referred to in subsec. (b)(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. The Immigration and Nationality Act, referred to in subsec. (b)(2)(iii), is act June 27, 1952, ch. 477, 66 Stat. 163, which is classified principally to chapter 12 (§ 1101 et seq.) of Title 8, Aliens and Nationality. For complete classification of this Act to the Code, see

Short Title

note set out under section 1101 of Title 8 and Tables. This division, referred to in subsec. (f), is div. K of Pub. L. 118–50, Apr. 24, 2024, 138 Stat. 970, known as the Fight and Combat Rampant Iranian Missile Exports Act and also as the Fight CRIME Act, which enacted this chapter. Division K did not make any

Amendments

. The National Security Act of 1947, referred to in subsec. (g)(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.

Executive Documents

Delegation of Functions Memorandum of President of the United States, § 2, Sept. 13, 2024, 89 F.R. 77757, provided: (a) I hereby delegate to the Secretary of State, in consultation with the Secretary of the Treasury, the functions and authorities vested in the President by section 5(a)(1), 5(a)(2), 5(a)(3), and 5(a)(4) of the Fight and Combat Rampant Iranian Missile Exports Act (Division K of Public Law 118–50) (the “Fight CRIME Act”) [22 U.S.C. 9423(a)(1) to (4)]. (b) I hereby delegate to the Secretary of the Treasury, in consultation with the Secretary of State, the functions and authorities vested in the President by section 5(a)(5), 5(a)(6), 5(e), and 5(f) of the Fight CRIME Act. (c) I hereby delegate to the Secretary of the Treasury the functions and authorities vested in the President by section 5(b)(1) of the Fight CRIME Act. (d) I hereby delegate to the Secretary of State the functions and authorities vested in the President by section 5(d), 5(h), and 6(c) of the Fight CRIME Act. J.R. Biden, Jr.

§9423 Sanctions to Combat the Proliferation of Iranian Missiles

Summary

Title 22, §9423

Notes & Related Subsidiaries

Editorial Notes

References in Text

Short Title

Short Title

Amendments

Executive Documents

Citations & Metadata