-CITE- 22 USC CHAPTER 92 - COMPREHENSIVE IRAN SANCTIONS, ACCOUNTABILITY, AND DIVESTMENT 01/03/2012 (112-90) -EXPCITE- TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE CHAPTER 92 - COMPREHENSIVE IRAN SANCTIONS, ACCOUNTABILITY, AND DIVESTMENT -HEAD- CHAPTER 92 - COMPREHENSIVE IRAN SANCTIONS, ACCOUNTABILITY, AND DIVESTMENT -MISC1- Sec. 8501. Findings. SUBCHAPTER I - SANCTIONS 8511. Definitions. 8512. Economic sanctions relating to Iran. 8513. Mandatory sanctions with respect to financial institutions that engage in certain transactions. 8513a. Imposition of sanctions with respect to the financial sector of Iran. 8514. Imposition of sanctions on certain persons who are responsible for or complicit in human rights abuses committed against citizens of Iran or their family members after the June 12, 2009, elections in Iran. 8515. Prohibition on procurement contracts with persons that export sensitive technology to Iran. 8516. Authority to implement United Nations Security Council resolutions imposing sanctions with respect to Iran. 8517. Increased capacity for efforts to combat unlawful or terrorist financing. 8518. Reports on investments in the energy sector of Iran. 8519. Reports on certain activities of foreign export credit agencies and of the Export-Import Bank of the United States. SUBCHAPTER II - DIVESTMENT FROM CERTAIN COMPANIES THAT INVEST IN IRAN 8531. Definitions. 8532. Authority of State and local governments to divest from certain companies that invest in Iran. SUBCHAPTER III - PREVENTION OF DIVERSION OF CERTAIN GOODS, SERVICES, AND TECHNOLOGIES TO IRAN 8541. Definitions. 8542. Identification of countries of concern with respect to the diversion of certain goods, services, and technologies to or through Iran. 8543. Destinations of Diversion Concern. 8544. Enforcement authority. SUBCHAPTER IV - GENERAL PROVISIONS 8551. General provisions. -End- -CITE- 22 USC Sec. 8501 01/03/2012 (112-90) -EXPCITE- TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE CHAPTER 92 - COMPREHENSIVE IRAN SANCTIONS, ACCOUNTABILITY, AND DIVESTMENT -HEAD- Sec. 8501. Findings -STATUTE- Congress makes the following findings: (1) The illicit nuclear activities of the Government of Iran, combined with its development of unconventional weapons and ballistic missiles and its support for international terrorism, represent a threat to the security of the United States, its strong ally Israel, and other allies of the United States around the world. (2) The United States and other responsible countries have a vital interest in working together to prevent the Government of Iran from acquiring a nuclear weapons capability. (3) The International Atomic Energy Agency has repeatedly called attention to Iran's illicit nuclear activities and, as a result, the United Nations Security Council has adopted a range of sanctions designed to encourage the Government of Iran to suspend those activities and comply with its obligations under the Treaty on the Non-Proliferation of Nuclear Weapons, done at Washington, London, and Moscow July 1, 1968, and entered into force March 5, 1970 (commonly known as the "Nuclear Non- Proliferation Treaty"). (4) The serious and urgent nature of the threat from Iran demands that the United States work together with its allies to do everything possible - diplomatically, politically, and economically - to prevent Iran from acquiring a nuclear weapons capability. (5) The United States and its major European allies, including the United Kingdom, France, and Germany, have advocated that sanctions be strengthened should international diplomatic efforts fail to achieve verifiable suspension of Iran's uranium enrichment program and an end to its nuclear weapons program and other illicit nuclear activities. (6) The Government of Iran continues to engage in serious, systematic, and ongoing violations of human rights, including suppression of freedom of expression and religious freedom, illegitimately prolonged detention, torture, and executions. Such violations have increased in the aftermath of the fraudulent presidential election in Iran on June 12, 2009. (7) The Government of Iran has been unresponsive to President Obama's unprecedented and serious efforts at engagement, revealing that the Government of Iran is not interested in a diplomatic resolution, as made clear, for example, by the following: (A) Iran's apparent rejection of the Tehran Research Reactor plan, generously offered by the United States and its partners, of potentially great benefit to the people of Iran, and endorsed by Iran's own negotiators in October 2009. (B) Iran's ongoing clandestine nuclear program, as evidenced by its work on the secret uranium enrichment facility at Qom, its subsequent refusal to cooperate fully with inspectors from the International Atomic Energy Agency, and its announcement that it would build 10 new uranium enrichment facilities. (C) Iran's official notification to the International Atomic Energy Agency that it would enrich uranium to the 20 percent level, followed soon thereafter by its providing to that Agency a laboratory result showing that Iran had indeed enriched some uranium to 19.8 percent. (D) A February 18, 2010, report by the International Atomic Energy Agency expressing "concerns about the possible existence in Iran of past or current undisclosed activities related to the development of a nuclear payload for a missile. These alleged activities consist of a number of projects and sub- projects, covering nuclear and missile related aspects, run by military-related organizations.". (E) A May 31, 2010, report by the International Atomic Energy Agency expressing continuing strong concerns about Iran's lack of cooperation with the Agency's verification efforts and Iran's ongoing enrichment activities, which are contrary to the longstanding demands of the Agency and the United Nations Security Council. (F) Iran's announcement in April 2010 that it had developed a new, faster generation of centrifuges for enriching uranium. (G) Iran's ongoing arms exports to, and support for, terrorists in direct contravention of United Nations Security Council resolutions. (H) Iran's July 31, 2009, arrest of 3 young citizens of the United States on spying charges. (8) There is an increasing interest by State governments, local governments, educational institutions, and private institutions, business firms, and other investors to disassociate themselves from companies that conduct business activities in the energy sector of Iran, since such business activities may directly or indirectly support the efforts of the Government of Iran to achieve a nuclear weapons capability. (9) Black market proliferation networks continue to flourish in the Middle East, allowing countries like Iran to gain access to sensitive dual-use technologies. (10) Economic sanctions imposed pursuant to the provisions of this Act, the Iran Sanctions Act of 1996, as amended by this Act, and the International Emergency Economic Powers Act (50 U.S.C. 1701 et seq.), and other authorities available to the United States to impose economic sanctions to prevent Iran from developing nuclear weapons, are necessary to protect the essential security interests of the United States. -SOURCE- (Pub. L. 111-195, Sec. 2, July 1, 2010, 124 Stat. 1313.) -STATAMEND- TERMINATION OF SECTION For termination of section, see section 8551(a) of this title. -REFTEXT- REFERENCES IN TEXT This Act, referred to in par. (10), is Pub. L. 111-195, July 1, 2010, 124 Stat. 1312, which enacted this chapter, amended sections 287c, 2778, and 2780 of this title, section 80a-13 of Title 15, Commerce and Trade, section 310 of Title 31, Money and Finance, and section 16 of the Appendix to Title 50, War and National Defense, enacted provisions set out as notes under section 80a-13 of Title 15 and section 1701 of Title 50, and amended provisions set out as notes under section 1701 of Title 50. For complete classification of this Act to the Code, see Short Title note set out below and Tables. The Iran Sanctions Act of 1996, as amended by this Act, referred to in par. (10), is Pub. L. 104-172, Aug. 5, 1996, 110 Stat. 1541, as amended by Pub. L. 111-195, which is set out as a note under section 1701 of Title 50, War and National Defense. The International Emergency Economic Powers Act, referred to in par. (10), is title II of Pub. L. 95-223, Dec. 28, 1977, 91 Stat. 1626, which is classified generally to chapter 35 (Sec. 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. -MISC1- SHORT TITLE Pub. L. 111-195, Sec. 1(a), July 1, 2010, 124 Stat. 1312, provided that: "This Act [enacting this chapter, amending sections 287c, 2778, and 2780 of this title, section 80a-13 of Title 15, Commerce and Trade, section 310 of Title 31, Money and Finance, and section 16 of the Appendix to Title 50, War and National Defense, enacting provisions set out as notes under section 80a-13 of Title 15 and section 1701 of Title 50, and amending provisions set out as notes under section 1701 of Title 50] may be cited as the 'Comprehensive Iran Sanctions, Accountability, and Divestment Act of 2010'." -EXEC- DELEGATION OF CERTAIN FUNCTIONS AND AUTHORITIES UNDER THE COMPREHENSIVE IRAN SANCTIONS, ACCOUNTABILITY, AND DIVESTMENT ACT OF 2010 Memorandum of President of the United States, Sept. 23, 2010, 75 F.R. 67025, provided: Memorandum for the Secretary of State[,] the Secretary of the Treasury[,] the Attorney General[,] the Secretary of Commerce[,] United States Trade Representative[,] Chairman of the Board of Governors of the Federal Reserve System[, and] President of the Export-Import Bank of the United States By the authority vested in me as President by the Constitution and the laws of the United States of America, including section 301 of title 3, United States Code, I hereby order as follows: I hereby delegate to the Secretary of State the functions vested in the President by sections 4(c), 5(a), 5(b), 5(c), 5(f), 6(a)(1), 6(a)(2), 6(b)(5), and 9(c) of the Iran Sanctions Act of 1996, as amended (Public Law 104-172, 50 U.S.C. 1701 note, as amended most recently by the Comprehensive Iran Sanctions, Accountability, and Divestment Act of 2010 (CISADA) (Public Law 111-195)) (the "Iran Sanctions Act"), such functions to be exercised in consultation with the Secretaries of the Treasury and Commerce and the United States Trade Representative, and with the President of the Export- Import Bank and the Chairman of the Board of the Federal Reserve System and other agencies as appropriate. I hereby delegate to the Secretary of State the functions vested in the President by sections 4(a), 4(b), 4(e), 5(d), 5(e), 9(a), 9(b), and 10 of the Iran Sanctions Act. I hereby delegate to the Secretary of the Treasury, in consultation with the Secretary of State, the functions vested in the President by sections 6(a)(6), 6(a)(7), and 6(a)(8) of the Iran Sanctions Act, if the sanctions that those provisions authorize have been selected pursuant to section 5(a) of the Iran Sanctions Act in accordance with the terms of this memorandum. The Presidential Memorandum of November 21, 1996 (Delegation of Responsibilities Under the Iran and Libya Sanctions Act of 1996), shall remain in effect with regard to implementation under section 102(h)(2) of CISADA of the provisions of the Iran Sanctions Act in effect on the day before the date of enactment of CISADA. I hereby delegate functions vested in the President by CISADA, as follows: -- section 102(h)(5) to the Secretary of State; -- section 103(b)(3) to the Secretary of State and the Secretary of the Treasury, consistent with Executive Orders 13224 and 13382, as amended, and any other relevant Executive Orders; -- section 103(d)(1) to the Secretary of the Treasury, in consultation with the Secretary of State and, as appropriate, other agencies; -- section 103(d)(2)(A) to the Secretary of the Treasury, in consultation with the Secretary of State; -- section 103(d)(2)(B) to the Secretary of State, in consultation with the Secretary of the Treasury and the Secretary of Commerce; -- section 106 to the Secretary of State, in consultation with the Secretary of Commerce; -- section 110 to the Secretary of State; -- section 111(a) to the Secretary of State, in consultation with the Secretary of the Treasury and the President of the Export- Import Bank; -- section 111(b) to the President of the Export Import Bank, in consultation with the Secretary of State and the Secretary of the Treasury; -- section 115 to the Secretary of State, in consultation with the Attorney General and the Secretary of the Treasury; -- sections 303(a) and 303(b) to the Secretary of State, in consultation with the Secretary of Commerce; -- section 303(c) to the Secretary of Commerce with regard to exports governed by the Export Administration Regulations, and to the Secretary of State with regard to exports governed by the International Traffic in Arms Regulations; -- section 303(d) to the Secretary of State, in consultation with the Secretary of Commerce; -- section 303(e) to the Secretary of State, in consultation with the Secretary of Commerce; -- section 304 to the Secretary of State, in consultation with the Secretary of Commerce; -- section 401(b) to the Secretary of State, in consultation with the Secretary of the Treasury and, as appropriate, other agencies, with respect to the waiver of sanctions under section 103(b); to the Secretary of State, in consultation with the Secretary of Commerce, with respect to the waiver of the application of the prohibition under section 106(a); and to the Secretary of State, in consultation with the Secretary of Commerce, with respect to the waiver of the imposition of the licensing requirement under section 303(c). Any reference in this memorandum to provisions of any Act related to the subject of this memorandum shall be deemed to include references to any hereafter-enacted provision of law that is the same or substantially the same as such provisions. The Secretary of State is authorized and directed to publish this memorandum in the Federal Register. Barack Obama. -End- -CITE- 22 USC SUBCHAPTER I - SANCTIONS 01/03/2012 (112-90) -EXPCITE- TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE CHAPTER 92 - COMPREHENSIVE IRAN SANCTIONS, ACCOUNTABILITY, AND DIVESTMENT SUBCHAPTER I - SANCTIONS -HEAD- SUBCHAPTER I - SANCTIONS -End- -CITE- 22 USC Sec. 8511 01/03/2012 (112-90) -EXPCITE- TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE CHAPTER 92 - COMPREHENSIVE IRAN SANCTIONS, ACCOUNTABILITY, AND DIVESTMENT SUBCHAPTER I - SANCTIONS -HEAD- Sec. 8511. Definitions -STATUTE- In this subchapter: (1) Agricultural commodity The term "agricultural commodity" has the meaning given that term in section 5602 of title 7. (2) Appropriate congressional committees The term "appropriate congressional committees" has the meaning given that term in section 14 of the Iran Sanctions Act of 1996 (Public Law 104-172; 50 U.S.C. 1701 note), as amended by section 102 of this Act. (3) Executive agency The term "executive agency" has the meaning given that term in section 133 of title 41. (4) Family member The term "family member" means, with respect to an individual, a spouse, child, parent, sibling, grandchild, or grandparent of the individual. (5) Iranian diplomats and representatives of other government and military or quasi-governmental institutions of Iran The term "Iranian diplomat or representative of another government or military or quasi-governmental institution of Iran" means any of the Iranian diplomats and representatives of other government and military or quasi-governmental institutions of Iran (as that term is defined in section 14 of the Iran Sanctions Act of 1996 (Public Law 104-172; 50 U.S.C. 1701 note)). (6) Knowingly The term "knowingly", with respect to conduct, a circumstance, or a result, means that a person has actual knowledge, or should have known, of the conduct, the circumstance, or the result. (7) Medical device The term "medical device" has the meaning given the term "device" in section 321 of title 21. (8) Medicine The term "medicine" has the meaning given the term "drug" in section 321 of title 21. (9) State The term "State" means each of the several States, the District of Columbia, the Commonwealth of Puerto Rico, the Commonwealth of the Northern Mariana Islands, American Samoa, Guam, the United States Virgin Islands, and any other territory or possession of the United States. (10) United States person The term "United States person" means - (A) a natural person who is a citizen or resident of the United States or a national of the United States (as defined in section 1101(a) of title 8; (!1) and (B) an entity that is organized under the laws of the United States or any State. -SOURCE- (Pub. L. 111-195, title I, Sec. 101, July 1, 2010, 124 Stat. 1316.) -STATAMEND- TERMINATION OF SECTION For termination of section, see section 8551(a) of this title. -REFTEXT- REFERENCES IN TEXT This subchapter, referred to in introductory provisions, was in the original "this title", meaning Pub. L. 111-195, title I, July 1, 2010, 124 Stat. 1316, which enacted this subchapter, amended sections 287c, 2778, and 2780 of this title, section 310 of Title 31, Money and Finance, and section 16 of the Appendix to Title 50, War and National Defense, enacted and amended provisions set out as notes under section 1701 of Title 50. For complete classification of title I to the Code, see Tables. Section 102 of this Act, referred to in par. (2), is section 102 of Pub. L. 111-195, which enacted and amended provisions set out as notes under section 1701 of Title 50, War and National Defense. -COD- CODIFICATION In par. (3), "section 133 of title 41" substituted for "section 4 of the Office of Federal Procurement Policy Act (41 U.S.C. 403)" on authority of Pub. L. 111-350, Sec. 6(c), Jan. 4, 2011, 124 Stat. 3854, which Act enacted Title 41, Public Contracts. -FOOTNOTE- (!1) So in original. Probably should be "title 8);". -End- -CITE- 22 USC Sec. 8512 01/03/2012 (112-90) -EXPCITE- TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE CHAPTER 92 - COMPREHENSIVE IRAN SANCTIONS, ACCOUNTABILITY, AND DIVESTMENT SUBCHAPTER I - SANCTIONS -HEAD- Sec. 8512. Economic sanctions relating to Iran -STATUTE- (a) In general Notwithstanding section 101 of the Iran Freedom Support Act (Public Law 109-293; 120 Stat. 1344), and in addition to any other sanction in effect, beginning on the date that is 90 days after July 1, 2010, the economic sanctions described in subsection (b) shall apply with respect to Iran. (b) Sanctions The sanctions described in this subsection are the following: (1) Prohibition on imports (A) In general Except as provided in subparagraph (B), no good or service of Iranian origin may be imported directly or indirectly into the United States. (B) Exceptions The exceptions provided for in section 203(b) of the International Emergency Economic Powers Act (50 U.S.C. 1702(b)), including the exception for information and informational materials, shall apply to the prohibition in subparagraph (A) of this paragraph to the same extent that such exceptions apply to the authority provided under section 203(a) of that Act. (2) Prohibition on exports (A) In general Except as provided in subparagraph (B), no good, service, or technology of United States origin may be exported to Iran from the United States or by a United States person, wherever located. (B) Exceptions (i) Personal communications; articles to relieve human suffering; information and informational materials; transactions incident to travel The exceptions provided for in section 203(b) of the International Emergency Economic Powers Act (50 U.S.C. 1702(b)), including the exception for information and informational materials, shall apply to the prohibition in subparagraph (A) of this paragraph to the same extent that such exceptions apply to the authority provided under section 203(a) of that Act. (ii) Food; medicine; humanitarian assistance The prohibition in subparagraph (A) shall not apply to the exportation of - (I) agricultural commodities, food, medicine, or medical devices; or (II) articles exported to Iran to provide humanitarian assistance to the people of Iran. (iii) Internet communications The prohibition in subparagraph (A) shall not apply to the exportation of - (I) services incident to the exchange of personal communications over the Internet or software necessary to enable such services, as provided for in section 560.540 of title 31, Code of Federal Regulations (or any corresponding similar regulation or ruling); (II) hardware necessary to enable such services; or (III) hardware, software, or technology necessary for access to the Internet. (iv) Goods, services, or technologies necessary to ensure the safe operation of commercial aircraft The prohibition in subparagraph (A) shall not apply to the exportation of goods, services, or technologies necessary to ensure the safe operation of commercial aircraft produced in the United States or commercial aircraft into which aircraft components produced in the United States are incorporated, if the exportation of such goods, services, or technologies is approved by the Secretary of the Treasury, in consultation with the Secretary of Commerce, pursuant to regulations issued by the Secretary of the Treasury regarding the exportation of such goods, services, or technologies, if appropriate. (v) Goods, services, or technologies exported to support international organizations The prohibition in subparagraph (A) shall not apply to the exportation of goods, services, or technologies that - (I) are provided to the International Atomic Energy Agency and are necessary to support activities of that Agency in Iran; or (II) are necessary to support activities, including the activities of nongovernmental organizations, relating to promoting democracy in Iran. (vi) Exports in the national interest The prohibition in subparagraph (A) shall not apply to the exportation of goods, services, or technologies if the President determines the exportation of such goods, services, or technologies to be in the national interest of the United States. (3) Freezing assets (A) In general At such time as the President determines that a person in Iran, including an Iranian diplomat or representative of another government or military or quasi-governmental institution of Iran (including Iran's Revolutionary Guard Corps and its affiliates), satisfies the criteria for designation with respect to the imposition of sanctions under the authority of the International Emergency Economic Powers Act (50 U.S.C. 1701 et seq.), the President shall take such action as may be necessary to freeze, as soon as possible - (i) the funds and other assets belonging to that person; and (ii) any funds or other assets that person transfers, on or after the date on which the President determines the person satisfies such criteria, to any family member or associate acting for or on behalf of the person. (B) Reports to the Office of Foreign Assets Control The action described in subparagraph (A) includes requiring any United States financial institution that holds funds or assets of a person described in that subparagraph or funds or assets that person transfers to a family member or associate described in that subparagraph to report promptly to the Office of Foreign Assets Control information regarding such funds and assets. (C) Reports to Congress Not later than 14 days after a decision is made to freeze the funds or assets of any person under subparagraph (A), the President shall report the name of the person to the appropriate congressional committees. Such a report may contain a classified annex. (D) Termination The President shall release assets or funds frozen under subparagraph (A) if the person to which the assets or funds belong or the person that transfers the assets or funds as described in subparagraph (A)(ii) (as the case may be) no longer satisfies the criteria for designation with respect to the imposition of sanctions under the authority of the International Emergency Economic Powers Act (50 U.S.C. 1701 et seq.). (E) United States financial institution defined In this paragraph, the term "United States financial institution" means a financial institution (as defined in section 14 of the Iran Sanctions Act of 1996 (Public Law 104- 172; 50 U.S.C. 1701 note)) that is a United States person. (c) Penalties The penalties provided for in subsections (b) and (c) of section 206 of the International Emergency Economic Powers Act (50 U.S.C. 1705) shall apply to a person that violates, attempts to violate, conspires to violate, or causes a violation of this section or regulations prescribed under this section to the same extent that such penalties apply to a person that commits an unlawful act described in section 206(a) of that Act. (d) Regulatory authority (1) In general The President shall prescribe regulations to carry out this section, which may include regulatory exceptions to the sanctions described in subsection (b). (2) Applicability of certain regulations No exception to the prohibition under subsection (b)(1) may be made for the commercial importation of an Iranian origin good described in section 560.534(a) of title 31, Code of Federal Regulations (as in effect on the day before July 1, 2010), unless the President - (A) prescribes a regulation providing for such an exception on or after July 1, 2010; and (B) submits to the appropriate congressional committees - (i) a certification in writing that the exception is in the national interest of the United States; and (ii) a report describing the reasons for the exception. -SOURCE- (Pub. L. 111-195, title I, Sec. 103, July 1, 2010, 124 Stat. 1328.) -STATAMEND- TERMINATION OF SECTION For termination of section, see section 8551(a) of this title. -REFTEXT- REFERENCES IN TEXT Section 101 of the Iran Freedom Support Act, referred to in subsec. (a), is section 101 of Pub. L. 109-293, which is set out as a note under section 1701 of Title 50, War and National Defense. The International Emergency Economic Powers Act, referred to in subsec. (b)(3)(A), (D), is title II of Pub. L. 95-223, Dec. 28, 1977, 91 Stat. 1626, which is classified generally to chapter 35 (Sec. 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. -TRANS- DELEGATION OF FUNCTIONS For delegation of functions of President under this section, see Memorandum of President of the United States, Sept. 23, 2010, 75 F.R. 67025, set out as a note under section 8501 of this title. -End- -CITE- 22 USC Sec. 8513 01/03/2012 (112-90) -EXPCITE- TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE CHAPTER 92 - COMPREHENSIVE IRAN SANCTIONS, ACCOUNTABILITY, AND DIVESTMENT SUBCHAPTER I - SANCTIONS -HEAD- Sec. 8513. Mandatory sanctions with respect to financial institutions that engage in certain transactions -STATUTE- (a) Findings Congress makes the following findings: (1) The Financial Action Task Force is an intergovernmental body whose purpose is to develop and promote national and international policies to combat money laundering and terrorist financing. (2) Thirty-three countries, plus the European Commission and the Cooperation Council for the Arab States of the Gulf, belong to the Financial Action Task Force. The member countries of the Financial Action Task Force include the United States, Canada, most countries in western Europe, Russia, the People's Republic of China, Japan, South Korea, Argentina, and Brazil. (3) In 2008 the Financial Action Task Force extended its mandate to include addressing "new and emerging threats such as proliferation financing", meaning the financing of the proliferation of weapons of mass destruction, and published "guidance papers" for members to assist them in implementing various United Nations Security Council resolutions dealing with weapons of mass destruction, including United Nations Security Council Resolutions 1737 (2006) and 1803 (2008), which deal specifically with proliferation by Iran. (4) The Financial Action Task Force has repeatedly called on members - (A) to advise financial institutions in their jurisdictions to give special attention to business relationships and transactions with Iran, including Iranian companies and financial institutions; (B) to apply effective countermeasures to protect their financial sectors from risks relating to money laundering and financing of terrorism that emanate from Iran; (C) to protect against correspondent relationships being used by Iran and Iranian companies and financial institutions to bypass or evade countermeasures and risk-mitigation practices; and (D) to take into account risks relating to money laundering and financing of terrorism when considering requests by Iranian financial institutions to open branches and subsidiaries in their jurisdictions. (5) At a February 2010 meeting of the Financial Action Task Force, the Task Force called on members to apply countermeasures "to protect the international financial system from the ongoing and substantial money laundering and terrorist financing (ML/TF) risks" emanating from Iran. (b) Sense of Congress regarding the imposition of sanctions on the Central Bank of Iran Congress - (1) acknowledges the efforts of the United Nations Security Council to impose limitations on transactions involving Iranian financial institutions, including the Central Bank of Iran; and (2) urges the President, in the strongest terms, to consider immediately using the authority of the President to impose sanctions on the Central Bank of Iran and any other Iranian financial institution engaged in proliferation activities or support of terrorist groups. (c) Prohibitions and conditions with respect to certain accounts held by foreign financial institutions (1) In general Not later than 90 days after July 1, 2010, the Secretary of the Treasury shall prescribe regulations to prohibit, or impose strict conditions on, the opening or maintaining in the United States of a correspondent account or a payable-through account by a foreign financial institution that the Secretary finds knowingly engages in an activity described in paragraph (2). (2) Activities described A foreign financial institution engages in an activity described in this paragraph if the foreign financial institution - (A) facilitates the efforts of the Government of Iran (including efforts of Iran's Revolutionary Guard Corps or any of its agents or affiliates) - (i) to acquire or develop weapons of mass destruction or delivery systems for weapons of mass destruction; or (ii) to provide support for organizations designated as foreign terrorist organizations under section 1189(a) of title 8 or support for acts of international terrorism (as defined in section 14 of the Iran Sanctions Act of 1996 (Public Law 104-172; 50 U.S.C. 1701 note)); (B) facilitates the activities of a person subject to financial sanctions pursuant to United Nations Security Council Resolution 1737 (2006), 1747 (2007), 1803 (2008), or 1929 (2010), or any other resolution that is agreed to by the Security Council and imposes sanctions with respect to Iran; (C) engages in money laundering to carry out an activity described in subparagraph (A) or (B); (D) facilitates efforts by the Central Bank of Iran or any other Iranian financial institution to carry out an activity described in subparagraph (A) or (B); or (E) facilitates a significant transaction or transactions or provides significant financial services for - (i) Iran's Revolutionary Guard Corps or any of its agents or affiliates whose property or interests in property are blocked pursuant to the International Emergency Economic Powers Act (50 U.S.C. 1701 et seq.); or (ii) a financial institution whose property or interests in property are blocked pursuant to that Act in connection with - (I) Iran's proliferation of weapons of mass destruction or delivery systems for weapons of mass destruction; or (II) Iran's support for international terrorism. (3) Penalties The penalties provided for in subsections (b) and (c) of section 206 of the International Emergency Economic Powers Act (50 U.S.C. 1705) shall apply to a person that violates, attempts to violate, conspires to violate, or causes a violation of regulations prescribed under paragraph (1) of this subsection to the same extent that such penalties apply to a person that commits an unlawful act described in section 206(a) of that Act. (d) Penalties for domestic financial institutions for actions of persons owned or controlled by such financial institutions (1) In general Not later than 90 days after July 1, 2010, the Secretary of the Treasury shall prescribe regulations to prohibit any person owned or controlled by a domestic financial institution from knowingly engaging in a transaction or transactions with or benefitting Iran's Revolutionary Guard Corps or any of its agents or affiliates whose property or interests in property are blocked pursuant to the International Emergency Economic Powers Act (50 U.S.C. 1701 et seq.). (2) Penalties The penalties provided for in section 206(b) of the International Emergency Economic Powers Act (50 U.S.C. 1705(b)) shall apply to a domestic financial institution to the same extent that such penalties apply to a person that commits an unlawful act described in section 206(a) of that Act if - (A) a person owned or controlled by the domestic financial institution violates, attempts to violate, conspires to violate, or causes a violation of regulations prescribed under paragraph (1) of this subsection; and (B) the domestic financial institution knew or should have known that the person violated, attempted to violate, conspired to violate, or caused a violation of such regulations. (e) Requirements for financial institutions maintaining accounts for foreign financial institutions (1) In general The Secretary of the Treasury shall prescribe regulations to require a domestic financial institution maintaining a correspondent account or payable-through account in the United States for a foreign financial institution to do one or more of the following: (A) Perform an audit of activities described in subsection (c)(2) that may be carried out by the foreign financial institution. (B) Report to the Department of the Treasury with respect to transactions or other financial services provided with respect to any such activity. (C) Certify, to the best of the knowledge of the domestic financial institution, that the foreign financial institution is not knowingly engaging in any such activity. (D) Establish due diligence policies, procedures, and controls, such as the due diligence policies, procedures, and controls described in section 5318(i) of title 31, reasonably designed to detect whether the Secretary of the Treasury has found the foreign financial institution to knowingly engage in any such activity. (2) Penalties The penalties provided for in sections 5321(a) and 5322 of title 31 shall apply to a person that violates a regulation prescribed under paragraph (1) of this subsection, in the same manner and to the same extent as such penalties would apply to any person that is otherwise subject to such section 5321(a) or 5322. (f) Waiver The Secretary of the Treasury may waive the application of a prohibition or condition imposed with respect to a foreign financial institution pursuant to subsection (c) or the imposition of a penalty under subsection (d) with respect to a domestic financial institution on and after the date that is 30 days after the Secretary - (1) determines that such a waiver is necessary to the national interest of the United States; and (2) submits to the appropriate congressional committees a report describing the reasons for the determination. (g) Procedures for judicial review of classified information (1) In general If a finding under subsection (c)(1), a prohibition, condition, or penalty imposed as a result of any such finding, or a penalty imposed under subsection (d), is based on classified information (as defined in section 1(a) of the Classified Information Procedures Act (18 U.S.C. App.)) and a court reviews the finding or the imposition of the prohibition, condition, or penalty, the Secretary of the Treasury may submit such information to the court ex parte and in camera. (2) Rule of construction Nothing in this subsection shall be construed to confer or imply any right to judicial review of any finding under subsection (c)(1), any prohibition, condition, or penalty imposed as a result of any such finding, or any penalty imposed under subsection (d). (h) Consultations in implementation of regulations In implementing this section and the regulations prescribed under this section, the Secretary of the Treasury - (1) shall consult with the Secretary of State; and (2) may, in the sole discretion of the Secretary of the Treasury, consult with such other agencies and departments and such other interested parties as the Secretary considers appropriate. (i) Definitions (1) In general In this section: (A) Account; correspondent account; payable-through account The terms "account", "correspondent account", and "payable- through account" have the meanings given those terms in section 5318A of title 31. (B) Agent The term "agent" includes an entity established by a person for purposes of conducting transactions on behalf of the person in order to conceal the identity of the person. (C) Financial institution The term "financial institution" means a financial institution specified in subparagraph (A), (B), (C), (D), (E), (F), (G), (H), (I), (J), (M), or (Y) of section 5312(a)(2) of title 31. (D) Foreign financial institution; domestic financial institution The terms "foreign financial institution" and "domestic financial institution" shall have the meanings of those terms as determined by the Secretary of the Treasury. (E) Money laundering The term "money laundering" means the movement of illicit cash or cash equivalent proceeds into, out of, or through a country, or into, out of, or through a financial institution. (2) Other definitions The Secretary of the Treasury may further define the terms used in this section in the regulations prescribed under this section. -SOURCE- (Pub. L. 111-195, title I, Sec. 104, July 1, 2010, 124 Stat. 1331.) -STATAMEND- TERMINATION OF SECTION For termination of section, see section 8551(a) of this title. -REFTEXT- REFERENCES IN TEXT The International Emergency Economic Powers Act, referred to in subsecs. (c)(2)(E) and (d)(1), is title II of Pub. L. 95-223, Dec. 28, 1977, 91 Stat. 1626, which is classified generally to chapter 35 (Sec. 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 Classified Information Procedures Act, referred to in subsec. (g)(1), is Pub. L. 96-456, Oct. 15, 1980, 94 Stat. 2025, which is set out in the Appendix to Title 18, Crimes and Criminal Procedure. -End- -CITE- 22 USC Sec. 8513a 01/03/2012 (112-90) -EXPCITE- TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE CHAPTER 92 - COMPREHENSIVE IRAN SANCTIONS, ACCOUNTABILITY, AND DIVESTMENT SUBCHAPTER I - SANCTIONS -HEAD- Sec. 8513a. Imposition of sanctions with respect to the financial sector of Iran -STATUTE- (a) Findings Congress makes the following findings: (1) On November 21, 2011, the Secretary of the Treasury issued a finding under section 5318A of title 31 that identified Iran as a jurisdiction of primary money laundering concern. (2) In that finding, the Financial Crimes Enforcement Network of the Department of the Treasury wrote, "The Central Bank of Iran, which regulates Iranian banks, has assisted designated Iranian banks by transferring billions of dollars to these banks in 2011. In mid-2011, the CBI transferred several billion dollars to designated banks, including Saderat, Mellat, EDBI and Melli, through a variety of payment schemes. In making these transfers, the CBI attempted to evade sanctions by minimizing the direct involvement of large international banks with both CBI and designated Iranian banks.". (3) On November 22, 2011, the Under Secretary of the Treasury for Terrorism and Financial Intelligence, David Cohen, wrote, "Treasury is calling out the entire Iranian banking sector, including the Central Bank of Iran, as posing terrorist financing, proliferation financing, and money laundering risks for the global financial system.". (b) Designation of financial sector of Iran as of primary money laundering concern The financial sector of Iran, including the Central Bank of Iran, is designated as a primary money laundering concern for purposes of section 5318A of title 31 because of the threat to government and financial institutions resulting from the illicit activities of the Government of Iran, including its pursuit of nuclear weapons, support for international terrorism, and efforts to deceive responsible financial institutions and evade sanctions. (c) Freezing of assets of Iranian financial institutions The President shall, pursuant to the International Emergency Economic Powers Act (50 U.S.C. 1701 et seq.), block and prohibit all transactions in all property and interests in property of an Iranian financial institution 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. (d) Imposition of sanctions with respect to the Central Bank of Iran and other Iranian financial institutions (1) In general Except as specifically provided in this subsection, beginning on the date that is 60 days after December 31, 2011, the President - (A) 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 has knowingly conducted or facilitated any significant financial transaction with the Central Bank of Iran or another Iranian financial institution designated by the Secretary of the Treasury for the imposition of sanctions pursuant to the International Emergency Economic Powers Act (50 U.S.C. 1701 et seq.); and (B) may impose sanctions pursuant to the International Emergency Economic Powers Act (50 U.S.C. 1701 et seq.) with respect to the Central Bank of Iran. (2) Exception for sales of food, medicine, and medical devices The President may not impose sanctions under paragraph (1) with respect to any person for conducting or facilitating a transaction for the sale of food, medicine, or medical devices to Iran. (3) Applicability of sanctions with respect to foreign central banks Except as provided in paragraph (4), sanctions imposed under paragraph (1)(A) shall apply with respect to a foreign financial institution owned or controlled by the government of a foreign country, including a central bank of a foreign country, only insofar as it engages in a financial transaction for the sale or purchase of petroleum or petroleum products to or from Iran conducted or facilitated on or after that date that is 180 days after December 31, 2011. (4) Applicability of sanctions with respect to petroleum transactions (A) Report required Not later than 60 days after December 31, 2011, and every 60 days thereafter, the Administrator of the Energy Information Administration, in consultation with the Secretary of the Treasury, the Secretary of State, and the Director of National Intelligence, shall submit to Congress a report on the availability and price of petroleum and petroleum products produced in countries other than Iran in the 60-day period preceding the submission of the report. (B) Determination required Not later than 90 days after December 31, 2011, and every 180 days thereafter, the President shall make a determination, based on the reports required by subparagraph (A), of whether 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 in volume their purchases from Iran. (C) Application of sanctions Except as provided in subparagraph (D), sanctions imposed under paragraph (1)(A) shall apply with respect to a financial transaction conducted or facilitated by a foreign financial institution on or after the date that is 180 days after December 31, 2011, for the purchase of petroleum or petroleum products from Iran if the President determines pursuant to subparagraph (B) that there is a sufficient supply of petroleum and petroleum products from countries other than Iran to permit a significant reduction in the volume of petroleum and petroleum products purchased from Iran by or through foreign financial institutions. (D) Exception Sanctions imposed pursuant to paragraph (1) shall not apply with respect to a foreign financial institution if the President determines and reports to Congress, not later than 90 days after the date on which the President makes the determination required by subparagraph (B), and every 180 days thereafter, that the country with primary jurisdiction over the foreign financial institution has significantly reduced its volume of crude oil purchases from Iran during the period beginning on the date on which the President submitted the last report with respect to the country under this subparagraph. (5) Waiver The President may waive the imposition of sanctions under paragraph (1) for a period of not more than 120 days, and may renew that waiver for additional periods of not more than 120 days, if the President - (A) determines that such a waiver is in the national security interest of the United States; and (B) submits to Congress a report - (i) providing a justification for the waiver; and (ii) that includes any concrete cooperation the President has received or expects to receive as a result of the waiver. (e) Multilateral diplomacy initiative (1) In general The President shall - (A) carry out an initiative of multilateral diplomacy to persuade countries purchasing oil from Iran - (i) to limit the use by Iran of revenue from purchases of oil to purchases of non-luxury consumers goods from the country purchasing the oil; and (ii) to prohibit purchases by Iran of - (I) military or dual-use technology, including items - (aa) in the Annex to the Missile Technology Control Regime Guidelines; (bb) in the Annex on Chemicals to the Convention on the Prohibition of the Development, Production, Stockpiling and Use of Chemical Weapons and on their Destruction, done at Paris January 13, 1993, and entered into force April 29, 1997 (commonly known as the "Chemical Weapons Convention"); (cc) in Part 1 or 2 of the Nuclear Suppliers Group Guidelines; or (dd) on a control list of the Wassenaar Arrangement on Export Controls for Conventional Arms and Dual-Use Goods and Technologies; or (II) any other item that could contribute to Iran's conventional, nuclear, chemical, or biological weapons program; and (B) conduct outreach to petroleum-producing countries to encourage those countries to increase their output of crude oil to ensure there is a sufficient supply of crude oil from countries other than Iran and to minimize any impact on the price of oil resulting from the imposition of sanctions under this section. (2) Report required Not later than 180 days after December 31, 2011, and every 180 days thereafter, the President shall submit to Congress a report on the efforts of the President to carry out the initiative described in paragraph (1)(A) and conduct the outreach described in paragraph (1)(B) and the results of those efforts. (f) Form of reports Each report submitted under this section shall be submitted in unclassified form, but may contain a classified annex. (g) Implementation; penalties (1) Implementation The President may exercise all authorities provided under sections 203 and 205 of the International Emergency Economic Powers Act (50 U.S.C. 1702 and 1704) to carry out this section. (2) Penalties The penalties provided for in subsections (b) and (c) of section 206 of the International Emergency Economic Powers Act (50 U.S.C. 1705) shall apply to a person that violates, attempts to violate, conspires to violate, or causes a violation of this section or regulations prescribed under this section to the same extent that such penalties apply to a person that commits an unlawful act described in section 206(a) of that Act. (h) Definitions In this section: (1) Account; correspondent account; payable-through account The terms "account", "correspondent account", and "payable- through account" have the meanings given those terms in section 5318A of title 31. (2) Foreign financial institution The term "foreign financial institution" has the meaning of that term as determined by the Secretary of the Treasury pursuant to section 8513(i) of this title. (3) United states person The term "United States person" means - (A) a natural person who is a citizen or resident of the United States or a national of the United States (as defined in section 1101(a) of title 8); and (B) an entity that is organized under the laws of the United States or a jurisdiction within the United States. -SOURCE- (Pub. L. 112-81, div. A, title XII, Sec. 1245, Dec. 31, 2011, 125 Stat. 1647.) -REFTEXT- REFERENCES IN TEXT The International Emergency Economic Powers Act, referred to in subsecs. (c) and (d)(1), is title II of Pub. L. 95-223, Dec. 28, 1977, 91 Stat. 1626, which is classified generally to chapter 35 (Sec. 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. -COD- CODIFICATION Section was enacted as part of the National Defense Authorization Act for Fiscal Year 2012, and not as part of the Comprehensive Iran Sanctions, Accountability, and Divestment Act of 2010 which comprises this chapter. -End- -CITE- 22 USC Sec. 8514 01/03/2012 (112-90) -EXPCITE- TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE CHAPTER 92 - COMPREHENSIVE IRAN SANCTIONS, ACCOUNTABILITY, AND DIVESTMENT SUBCHAPTER I - SANCTIONS -HEAD- Sec. 8514. Imposition of sanctions on certain persons who are responsible for or complicit in human rights abuses committed against citizens of Iran or their family members after the June 12, 2009, elections in Iran -STATUTE- (a) In general The President shall impose sanctions described in subsection (c) with respect to each person on the list required by subsection (b). (b) List of persons who are responsible for or complicit in certain human rights abuses (1) In general Not later than 90 days after July 1, 2010, the President shall submit to the appropriate congressional committees a list of persons who are officials of the Government of Iran or persons acting on behalf of that Government (including members of paramilitary organizations such as Ansar-e-Hezbollah and Basij-e Mostaz'afin), that the President determines, based on credible evidence, are responsible for or complicit in, or responsible for ordering, controlling, or otherwise directing, the commission of serious human rights abuses against citizens of Iran or their family members on or after June 12, 2009, regardless of whether such abuses occurred in Iran. (2) Updates of list The President shall submit to the appropriate congressional committees an updated list under paragraph (1) - (A) not later than 270 days after July 1, 2010, and every 180 days thereafter; and (B) as new information becomes available. (3) Form of report; public availability (A) Form The list required by paragraph (1) shall be submitted in unclassified form but may contain a classified annex. (B) Public availability The unclassified portion of the list required by paragraph (1) shall be made available to the public and posted on the websites of the Department of the Treasury and the Department of State. (4) Consideration of data from other countries and nongovernmental organizations In preparing the list required by paragraph (1), the President shall consider credible data already obtained by other countries and nongovernmental organizations, including organizations in Iran, that monitor the human rights abuses of the Government of Iran. (c) Sanctions described The sanctions described in this subsection are ineligibility for a visa to enter the United States and sanctions pursuant to the International Emergency Economic Powers Act (50 U.S.C. 1701 et seq.), including blocking of property and restrictions or prohibitions on financial transactions and the exportation and importation of property, 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. (d) Termination of sanctions The provisions of this section shall terminate on the date on which the President determines and certifies to the appropriate congressional committees that the Government of Iran has - (1) unconditionally released all political prisoners, including the citizens of Iran detained in the aftermath of the June 12, 2009, presidential election in Iran; (2) ceased its practices of violence, unlawful detention, torture, and abuse of citizens of Iran while engaging in peaceful political activity; (3) conducted a transparent investigation into the killings, arrests, and abuse of peaceful political activists that occurred in the aftermath of the June 12, 2009, presidential election in Iran and prosecuted the individuals responsible for such killings, arrests, and abuse; and (4) made public commitments to, and is making demonstrable progress toward - (A) establishing an independent judiciary; and (B) respecting the human rights and basic freedoms recognized in the Universal Declaration of Human Rights. -SOURCE- (Pub. L. 111-195, title I, Sec. 105, July 1, 2010, 124 Stat. 1335.) -REFTEXT- REFERENCES IN TEXT The International Emergency Economic Powers Act, referred to in subsec. (c), is title II of Pub. L. 95-223, Dec. 28, 1977, 91 Stat. 1626, which is classified generally to chapter 35 (Sec. 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. -End- -CITE- 22 USC Sec. 8515 01/03/2012 (112-90) -EXPCITE- TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE CHAPTER 92 - COMPREHENSIVE IRAN SANCTIONS, ACCOUNTABILITY, AND DIVESTMENT SUBCHAPTER I - SANCTIONS -HEAD- Sec. 8515. Prohibition on procurement contracts with persons that export sensitive technology to Iran -STATUTE- (a) In general Except as provided in subsection (b), and pursuant to such regulations as the President may prescribe, the head of an executive agency may not enter into or renew a contract, on or after the date that is 90 days after July 1, 2010, for the procurement of goods or services with a person that exports sensitive technology to Iran. (b) Authorization to exempt certain products The President is authorized to exempt from the prohibition under subsection (a) only eligible products, as defined in section 2518(4) of title 19, of any foreign country or instrumentality designated under section 2511(b) of title 19. (c) Sensitive technology defined (1) In general The term "sensitive technology" means hardware, software, telecommunications equipment, or any other technology, that the President determines is to be used specifically - (A) to restrict the free flow of unbiased information in Iran; or (B) to disrupt, monitor, or otherwise restrict speech of the people of Iran. (2) Exception The term "sensitive technology" does not include information or informational materials the exportation of which the President does not have the authority to regulate or prohibit pursuant to section 1702(b)(3) of title 50. (d) Government Accountability Office report on effect of procurement prohibition Not later than 1 year after July 1, 2010, the Comptroller General of the United States shall submit to the appropriate congressional committees, the Committee on Armed Services of the Senate, and the Committee on Armed Services of the House of Representatives, a report assessing the extent to which executive agencies would have entered into or renewed contracts for the procurement of goods or services with persons that export sensitive technology to Iran if the prohibition under subsection (a) were not in effect. -SOURCE- (Pub. L. 111-195, title I, Sec. 106, July 1, 2010, 124 Stat. 1336.) -STATAMEND- TERMINATION OF SECTION For termination of section, see section 8551(a) of this title. -TRANS- DELEGATION OF FUNCTIONS For delegation of functions of President under this section, see Memorandum of President of the United States, Sept. 23, 2010, 75 F.R. 67025, set out as a note under section 8501 of this title. -End- -CITE- 22 USC Sec. 8516 01/03/2012 (112-90) -EXPCITE- TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE CHAPTER 92 - COMPREHENSIVE IRAN SANCTIONS, ACCOUNTABILITY, AND DIVESTMENT SUBCHAPTER I - SANCTIONS -HEAD- Sec. 8516. Authority to implement United Nations Security Council resolutions imposing sanctions with respect to Iran -STATUTE- In addition to any other authority of the President with respect to implementing resolutions of the United Nations Security Council, the President may prescribe such regulations as may be necessary to implement a resolution that is agreed to by the United Nations Security Council and imposes sanctions with respect to Iran. -SOURCE- (Pub. L. 111-195, title I, Sec. 108, July 1, 2010, 124 Stat. 1337.) -STATAMEND- TERMINATION OF SECTION For termination of section, see section 8551(a) of this title. -End- -CITE- 22 USC Sec. 8517 01/03/2012 (112-90) -EXPCITE- TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE CHAPTER 92 - COMPREHENSIVE IRAN SANCTIONS, ACCOUNTABILITY, AND DIVESTMENT SUBCHAPTER I - SANCTIONS -HEAD- Sec. 8517. Increased capacity for efforts to combat unlawful or terrorist financing -STATUTE- (a) Findings Congress finds the following: (1) The work of the Office of Terrorism and Financial Intelligence of the Department of the Treasury, which includes the Office of Foreign Assets Control and the Financial Crimes Enforcement Network, is critical to ensuring that the international financial system is not used for purposes of supporting terrorism and developing weapons of mass destruction. (2) The Secretary of the Treasury has designated, including most recently on June 16, 2010, various Iranian individuals and banking, military, energy, and shipping entities as proliferators of weapons of mass destruction pursuant to Executive Order 13382 (50 U.S.C. 1701 note), thereby blocking transactions subject to the jurisdiction of the United States by those individuals and entities and their supporters. (3) The Secretary of the Treasury has also identified an array of entities in the insurance, petroleum, and petrochemicals industries that the Secretary has determined to be owned or controlled by the Government of Iran and added those entities to the list contained in Appendix A to part 560 of title 31, Code of Federal Regulations (commonly known as the "Iranian Transactions Regulations"), thereby prohibiting transactions between United States persons and those entities. (b) Authorization of appropriations for Office of Terrorism and Financial Intelligence There are authorized to be appropriated to the Secretary of the Treasury for the Office of Terrorism and Financial Intelligence - (1) $102,613,000 for fiscal year 2011; and (2) such sums as may be necessary for each of the fiscal years 2012 and 2013. (c) Omitted (d) Authorization of appropriations for Bureau of Industry and Security of the Department of Commerce There are authorized to be appropriated to the Secretary of Commerce for the Bureau of Industry and Security of the Department of Commerce - (1) $113,000,000 for fiscal year 2011; and (2) such sums as may be necessary for each of the fiscal years 2012 and 2013. -SOURCE- (Pub. L. 111-195, title I, Sec. 109, July 1, 2010, 124 Stat. 1338.) -STATAMEND- TERMINATION OF SECTION For termination of section, see section 8551(a) of this title. -COD- CODIFICATION Section is comprised of section 109 of Pub. L. 111-195. Subsec. (c) of section 109 of Pub. L. 111-195 amended section 310 of Title 31, Money and Finance. -End- -CITE- 22 USC Sec. 8518 01/03/2012 (112-90) -EXPCITE- TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE CHAPTER 92 - COMPREHENSIVE IRAN SANCTIONS, ACCOUNTABILITY, AND DIVESTMENT SUBCHAPTER I - SANCTIONS -HEAD- Sec. 8518. Reports on investments in the energy sector of Iran -STATUTE- (a) Initial report (1) In general Not later than 90 days after July 1, 2010, the President shall submit to the appropriate congressional committees a report - (A) on investments in the energy sector of Iran that were made during the period described in paragraph (2); and (B) that contains - (i) an estimate of the volume of energy-related resources (other than refined petroleum), including ethanol, that Iran imported during the period described in paragraph (2); and (ii) a list of all significant known energy-related joint ventures, investments, and partnerships located outside Iran that involve Iranian entities in partnership with entities from other countries, including an identification of the entities from other countries; and (iii) an estimate of - (I) the total value of each such joint venture, investment, and partnership; and (II) the percentage of each such joint venture, investment, and partnership owned by an Iranian entity. (2) Period described The period described in this paragraph is the period beginning on January 1, 2006, and ending on the date that is 60 days after July 1, 2010. (b) Updated reports Not later than 180 days after submitting the report required by subsection (a), and every 180 days thereafter, the President shall submit to the appropriate congressional committees a report containing the matters required in the report under subsection (a)(1) for the 180-day period beginning on the date that is 30 days before the date on which the preceding report was required to be submitted by this section. -SOURCE- (Pub. L. 111-195, title I, Sec. 110, July 1, 2010, 124 Stat. 1338.) -STATAMEND- TERMINATION OF SECTION For termination of section, see section 8551(a) of this title. -TRANS- DELEGATION OF FUNCTIONS Functions of President under this section delegated to Secretary of State, see Memorandum of President of the United States, Sept. 23, 2010, 75 F.R. 67025, set out as a note under section 8501 of this title. -End- -CITE- 22 USC Sec. 8519 01/03/2012 (112-90) -EXPCITE- TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE CHAPTER 92 - COMPREHENSIVE IRAN SANCTIONS, ACCOUNTABILITY, AND DIVESTMENT SUBCHAPTER I - SANCTIONS -HEAD- Sec. 8519. Reports on certain activities of foreign export credit agencies and of the Export-Import Bank of the United States -STATUTE- (a) Report on certain activities of export credit agencies of foreign countries (1) In general Not later than 90 days after July 1, 2010, the President shall submit to the appropriate congressional committees a report on any activity of an export credit agency of a foreign country that is an activity comparable to an activity described in subsection (a) or (b) of section 5 of the Iran Sanctions Act of 1996, as amended by section 102 of this Act. (2) Updates The President shall update the report required by paragraph (1) as new information becomes available with respect to the activities of export credit agencies of foreign countries. (b) Report on certain financing by the Export-Import Bank of the United States Not later than 30 days (or, in extraordinary circumstances, not later than 15 days) before the Export-Import Bank of the United States approves cofinancing (including loans, guarantees, other credits, insurance, and reinsurance) in which an export credit agency of a foreign country identified in the report required by subsection (a) will participate, the President shall submit to the appropriate congressional committees a report identifying - (1) the export credit agency of the foreign country; and (2) the beneficiaries of the financing. -SOURCE- (Pub. L. 111-195, title I, Sec. 111, July 1, 2010, 124 Stat. 1339.) -STATAMEND- TERMINATION OF SECTION For termination of section, see section 8551(a) of this title. -REFTEXT- REFERENCES IN TEXT Section 5 of the Iran Sanctions Act of 1996, as amended by section 102 of this Act, referred to in subsec. (a)(1), is section 5 of Pub. L. 104-172, as amended by section 102 of Pub. L. 111-195, which is set out as a note under section 1701 of Title 50, War and National Defense. -TRANS- DELEGATION OF FUNCTIONS For delegation of functions of President under this section, see Memorandum of President of the United States, Sept. 23, 2010, 75 F.R. 67025, set out as a note under section 8501 of this title. -End- -CITE- 22 USC SUBCHAPTER II - DIVESTMENT FROM CERTAIN COMPANIES THAT INVEST IN IRAN 01/03/2012 (112-90) -EXPCITE- TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE CHAPTER 92 - COMPREHENSIVE IRAN SANCTIONS, ACCOUNTABILITY, AND DIVESTMENT SUBCHAPTER II - DIVESTMENT FROM CERTAIN COMPANIES THAT INVEST IN IRAN -HEAD- SUBCHAPTER II - DIVESTMENT FROM CERTAIN COMPANIES THAT INVEST IN IRAN -End- -CITE- 22 USC Sec. 8531 01/03/2012 (112-90) -EXPCITE- TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE CHAPTER 92 - COMPREHENSIVE IRAN SANCTIONS, ACCOUNTABILITY, AND DIVESTMENT SUBCHAPTER II - DIVESTMENT FROM CERTAIN COMPANIES THAT INVEST IN IRAN -HEAD- Sec. 8531. Definitions -STATUTE- In this subchapter: (1) Energy sector of Iran The term "energy sector of Iran" refers to activities to develop petroleum or natural gas resources or nuclear power in Iran. (2) Financial institution The term "financial institution" has the meaning given that term in section 14 of the Iran Sanctions Act of 1996 (Public Law 104-172; 50 U.S.C. 1701 note). (3) Iran The term "Iran" includes the Government of Iran and any agency or instrumentality of Iran. (4) Person The term "person" means - (A) a natural person, corporation, company, business association, partnership, society, trust, or any other nongovernmental entity, organization, or group; (B) any governmental entity or instrumentality of a government, including a multilateral development institution (as defined in section 262r(c)(3) of this title); and (C) any successor, subunit, parent entity, or subsidiary of, or any entity under common ownership or control with, any entity described in subparagraph (A) or (B). (5) State The term "State" means each of the several States, the District of Columbia, the Commonwealth of Puerto Rico, the Commonwealth of the Northern Mariana Islands, American Samoa, Guam, the United States Virgin Islands, and any other territory or possession of the United States. (6) State or local government The term "State or local government" includes - (A) any State and any agency or instrumentality thereof; (B) any local government within a State, and any agency or instrumentality thereof; (C) any other governmental instrumentality of a State or locality; and (D) any public institution of higher education within the meaning of the Higher Education Act of 1965 (20 U.S.C. 1001 et seq.). -SOURCE- (Pub. L. 111-195, title II, Sec. 201, July 1, 2010, 124 Stat. 1341.) -STATAMEND- TERMINATION OF SECTION For termination of section, see section 8551(a) of this title. -REFTEXT- REFERENCES IN TEXT This subchapter, referred to in text, was in the original "this title", meaning Pub. L. 111-195, title II, July 1, 2010, 124 Stat. 1341, which enacted this subchapter, amended section 80a-13 of Title 15, Commerce and Trade, enacted provisions set out as notes under section 80a-13 of Title 15, and amended provisions set out as a note under section 1701 of Title 50, War and National Defense. For complete classification of title II to the Code, see Tables. The Higher Education Act of 1965, referred to in par. (6)(D), is Pub. L. 89-329, Nov. 8, 1965, 79 Stat. 1219, which is classified generally to chapter 28 (Sec. 1001 et seq.) of Title 20, Education, and part C (Sec. 2751 et seq.) of subchapter I of chapter 34 of Title 42, The Public Health and Welfare. For complete classification of this Act to the Code, see Short Title note set out under section 1001 of Title 20 and Tables. -End- -CITE- 22 USC Sec. 8532 01/03/2012 (112-90) -EXPCITE- TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE CHAPTER 92 - COMPREHENSIVE IRAN SANCTIONS, ACCOUNTABILITY, AND DIVESTMENT SUBCHAPTER II - DIVESTMENT FROM CERTAIN COMPANIES THAT INVEST IN IRAN -HEAD- Sec. 8532. Authority of State and local governments to divest from certain companies that invest in Iran -STATUTE- (a) Sense of Congress It is the sense of Congress that the United States should support the decision of any State or local government that for moral, prudential, or reputational reasons divests from, or prohibits the investment of assets of the State or local government in, a person that engages in investment activities in the energy sector of Iran, as long as Iran is subject to economic sanctions imposed by the United States. (b) Authority to divest Notwithstanding any other provision of law, a State or local government may adopt and enforce measures that meet the requirements of subsection (d) to divest the assets of the State or local government from, or prohibit investment of the assets of the State or local government in, any person that the State or local government determines, using credible information available to the public, engages in investment activities in Iran described in subsection (c). (c) Investment activities described A person engages in investment activities in Iran described in this subsection if the person - (1) has an investment of $20,000,000 or more in the energy sector of Iran, including in a person that provides oil or liquified natural gas tankers, or products used to construct or maintain pipelines used to transport oil or liquified natural gas, for the energy sector of Iran; or (2) is a financial institution that extends $20,000,000 or more in credit to another person, for 45 days or more, if that person will use the credit for investment in the energy sector of Iran. (d) Requirements Any measure taken by a State or local government under subsection (b) shall meet the following requirements: (1) Notice The State or local government shall provide written notice to each person to which a measure is to be applied. (2) Timing The measure shall apply to a person not earlier than the date that is 90 days after the date on which written notice is provided to the person under paragraph (1). (3) Opportunity for hearing The State or local government shall provide an opportunity to comment in writing to each person to which a measure is to be applied. If the person demonstrates to the State or local government that the person does not engage in investment activities in Iran described in subsection (c), the measure shall not apply to the person. (4) Sense of Congress on avoiding erroneous targeting It is the sense of Congress that a State or local government should not adopt a measure under subsection (b) with respect to a person unless the State or local government has made every effort to avoid erroneously targeting the person and has verified that the person engages in investment activities in Iran described in subsection (c). (e) Notice to Department of Justice Not later than 30 days after adopting a measure pursuant to subsection (b), a State or local government shall submit written notice to the Attorney General describing the measure. (f) Nonpreemption A measure of a State or local government authorized under subsection (b) or (i) is not preempted by any Federal law or regulation. (g) Definitions In this section: (1) Assets (A) In general Except as provided in subparagraph (B), the term "assets" refers to public monies and includes any pension, retirement, annuity, or endowment fund, or similar instrument, that is controlled by a State or local government. (B) Exception The term "assets" does not include employee benefit plans covered by title I of the Employee Retirement Income Security Act of 1974 (29 U.S.C. 1001 et seq.). (2) Investment The "investment" includes - (A) a commitment or contribution of funds or property; (B) a loan or other extension of credit; and (C) the entry into or renewal of a contract for goods or services. (h) Effective date (1) In general Except as provided in paragraph (2) or subsection (i), this section applies to measures adopted by a State or local government before, on, or after July 1, 2010. (2) Notice requirements Except as provided in subsection (i), subsections (d) and (e) apply to measures adopted by a State or local government on or after July 1, 2010. (i) Authorization for prior enacted measures (1) In general Notwithstanding any other provision of this section or any other provision of law, a State or local government may enforce a measure (without regard to the requirements of subsection (d), except as provided in paragraph (2)) adopted by the State or local government before July 1, 2010, that provides for the divestment of assets of the State or local government from, or prohibits the investment of the assets of the State or local government in, any person that the State or local government determines, using credible information available to the public, engages in investment activities in Iran (determined without regard to subsection (c)) or other business activities in Iran that are identified in the measure. (2) Application of notice requirements A measure described in paragraph (1) shall be subject to the requirements of paragraphs (1) and (2) and the first sentence of paragraph (3) of subsection (d) on and after the date that is 2 years after July 1, 2010. -SOURCE- (Pub. L. 111-195, title II, Sec. 202, July 1, 2010, 124 Stat. 1342.) -STATAMEND- TERMINATION OF SECTION For termination of section, see section 8551(a) of this title. -REFTEXT- REFERENCES IN TEXT The Employee Retirement Income Security Act of 1974, referred to in subsec. (g)(1)(B), is Pub. L. 93-406, Sept. 2, 1974, 88 Stat. 829. Title I of the Act is classified generally to subchapter I (Sec. 1001 et seq.) of chapter 18 of Title 29, Labor. For complete classification of this Act to the Code, see Short Title note set out under section 1001 of Title 29 and Tables. -End- -CITE- 22 USC SUBCHAPTER III - PREVENTION OF DIVERSION OF CERTAIN GOODS, SERVICES, AND TECHNOLOGIES TO IRAN 01/03/2012 (112-90) -EXPCITE- TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE CHAPTER 92 - COMPREHENSIVE IRAN SANCTIONS, ACCOUNTABILITY, AND DIVESTMENT SUBCHAPTER III - PREVENTION OF DIVERSION OF CERTAIN GOODS, SERVICES, AND TECHNOLOGIES TO IRAN -HEAD- SUBCHAPTER III - PREVENTION OF DIVERSION OF CERTAIN GOODS, SERVICES, AND TECHNOLOGIES TO IRAN -End- -CITE- 22 USC Sec. 8541 01/03/2012 (112-90) -EXPCITE- TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE CHAPTER 92 - COMPREHENSIVE IRAN SANCTIONS, ACCOUNTABILITY, AND DIVESTMENT SUBCHAPTER III - PREVENTION OF DIVERSION OF CERTAIN GOODS, SERVICES, AND TECHNOLOGIES TO IRAN -HEAD- Sec. 8541. Definitions -STATUTE- In this subchapter: (1) Allow The term "allow", with respect to the diversion through a country of goods, services, or technologies, means the government of the country knows or has reason to know that the territory of the country is being used for such diversion. (2) Appropriate congressional committees The term "appropriate congressional committees" means - (A) the Committee on Banking, Housing, and Urban Affairs, the Committee on Foreign Relations, and the Select Committee on Intelligence of the Senate; and (B) the Committee on Foreign Affairs and the Permanent Select Committee on Intelligence of the House of Representatives. (3) Commerce Control List The term "Commerce Control List" means the list maintained pursuant to part 774 of the Export Administration Regulations (or any corresponding similar regulation or ruling). (4) Divert; diversion The terms "divert" and "diversion" refer to the transfer or release, directly or indirectly, of a good, service, or technology to an end-user or an intermediary that is not an authorized recipient of the good, service, or technology. (5) End-user The term "end-user", with respect to a good, service, or technology, means the person that receives and ultimately uses the good, service, or technology. (6) Export Administration Regulations The term "Export Administration Regulations" means subchapter C of chapter VII of title 15, Code of Federal Regulations (or any corresponding similar regulation or ruling). (7) Government The term "government" includes any agency or instrumentality of a government. (8) Intermediary The term "intermediary" means a person that receives a good, service, or technology while the good, service, or technology is in transit to the end-user of the good, service, or technology. (9) International Traffic in Arms Regulations The term "International Traffic in Arms Regulations" means subchapter M of chapter I of title 22, Code of Federal Regulations (or any corresponding similar regulation or ruling). (10) Iran The term "Iran" includes the Government of Iran and any agency or instrumentality of Iran. (11) Iranian end-user The term "Iranian end-user" means an end-user that is the Government of Iran or a person in, or an agency or instrumentality of, Iran. (12) Iranian intermediary The term "Iranian intermediary" means an intermediary that is the Government of Iran or a person in, or an agency or instrumentality of, Iran. (13) State sponsor of terrorism The term "state sponsor of terrorism" means any country the government of which the Secretary of State has determined has repeatedly provided support for acts of international terrorism pursuant to - (A) section 2405(j)(1)(A) of the Appendix to title 50 (or any successor thereto); (B) section 2780(d) of this title; or (C) section 2371(a) of this title. (14) United States Munitions List The term "United States Munitions List" means the list maintained pursuant to part 121 of the International Traffic in Arms Regulations (or any corresponding similar regulation or ruling). -SOURCE- (Pub. L. 111-195, title III, Sec. 301, July 1, 2010, 124 Stat. 1345.) -STATAMEND- TERMINATION OF SECTION For termination of section, see section 8551(a) of this title. -End- -CITE- 22 USC Sec. 8542 01/03/2012 (112-90) -EXPCITE- TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE CHAPTER 92 - COMPREHENSIVE IRAN SANCTIONS, ACCOUNTABILITY, AND DIVESTMENT SUBCHAPTER III - PREVENTION OF DIVERSION OF CERTAIN GOODS, SERVICES, AND TECHNOLOGIES TO IRAN -HEAD- Sec. 8542. Identification of countries of concern with respect to the diversion of certain goods, services, and technologies to or through Iran -STATUTE- (a) In general Not later than 180 days after July 1, 2010, the Director of National Intelligence shall submit to the President, the Secretary of Defense, the Secretary of Commerce, the Secretary of State, the Secretary of the Treasury, and the appropriate congressional committees a report that identifies each country the government of which the Director believes, based on all information available to the Director, is allowing the diversion through the country of goods, services, or technologies described in subsection (b) to Iranian end-users or Iranian intermediaries. (b) Goods, services, and technologies described Goods, services, or technologies described in this subsection are goods, services, or technologies - (1) that - (A) originated in the United States; (B) would make a material contribution to Iran's - (i) development of nuclear, chemical, or biological weapons; (ii) ballistic missile or advanced conventional weapons capabilities; or (iii) support for international terrorism; and (C) are - (i) items on the Commerce Control List or services related to those items; or (ii) defense articles or defense services on the United States Munitions List; or (2) that are prohibited for export to Iran under a resolution of the United Nations Security Council. (c) Updates The Director of National Intelligence shall update the report required by subsection (a) - (1) as new information becomes available; and (2) not less frequently than annually. (d) Form The report required by subsection (a) and the updates required by subsection (c) may be submitted in classified form. -SOURCE- (Pub. L. 111-195, title III, Sec. 302, July 1, 2010, 124 Stat. 1346.) -STATAMEND- TERMINATION OF SECTION For termination of section, see section 8551(a) of this title. -End- -CITE- 22 USC Sec. 8543 01/03/2012 (112-90) -EXPCITE- TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE CHAPTER 92 - COMPREHENSIVE IRAN SANCTIONS, ACCOUNTABILITY, AND DIVESTMENT SUBCHAPTER III - PREVENTION OF DIVERSION OF CERTAIN GOODS, SERVICES, AND TECHNOLOGIES TO IRAN -HEAD- Sec. 8543. Destinations of Diversion Concern -STATUTE- (a) Designation (1) In general The President shall designate a country as a Destination of Diversion Concern if the President determines that the government of the country allows substantial diversion of goods, services, or technologies described in section 8542(b) of this title through the country to Iranian end-users or Iranian intermediaries. (2) Determination of substantial For purposes of paragraph (1), the President shall determine whether the government of a country allows substantial diversion of goods, services, or technologies described in section 8542(b) of this title through the country to Iranian end-users or Iranian intermediaries based on criteria that include - (A) the volume of such goods, services, and technologies that are diverted through the country to such end-users or intermediaries; (B) the inadequacy of the export controls of the country; (C) the unwillingness or demonstrated inability of the government of the country to control the diversion of such goods, services, and technologies to such end-users or intermediaries; and (D) the unwillingness or inability of the government of the country to cooperate with the United States in efforts to interdict the diversion of such goods, services, or technologies to such end-users or intermediaries. (b) Report on designation Upon designating a country as a Destination of Diversion Concern under subsection (a), the President shall submit to the appropriate congressional committees a report - (1) notifying those committees of the designation of the country; and (2) containing a list of the goods, services, and technologies described in section 8542(b) of this title that the President determines are diverted through the country to Iranian end-users or Iranian intermediaries. (c) Licensing requirement Not later than 45 days after submitting a report required by subsection (b) with respect to a country designated as a Destination of Diversion Concern under subsection (a), the President shall require a license under the Export Administration Regulations or the International Traffic in Arms Regulations (whichever is applicable) to export to that country a good, service, or technology on the list required under subsection (b)(2), with the presumption that any application for such a license will be denied. (d) Delay of imposition of licensing requirement (1) In general The President may delay the imposition of the licensing requirement under subsection (c) with respect to a country designated as a Destination of Diversion Concern under subsection (a) for a 12-month period if the President - (A) determines that the government of the country is taking steps - (i) to institute an export control system or strengthen the export control system of the country; (ii) to interdict the diversion of goods, services, or technologies described in section 8542(b) of this title through the country to Iranian end-users or Iranian intermediaries; and (iii) to comply with and enforce United Nations Security Council Resolutions 1696 (2006), 1737 (2006), 1747 (2007), 1803 (2008), and 1929 (2010), and any other resolution that is agreed to by the Security Council and imposes sanctions with respect to Iran; (B) determines that it is appropriate to carry out government- to-government activities to strengthen the export control system of the country; and (C) submits to the appropriate congressional committees a report describing the steps specified in subparagraph (A) being taken by the government of the country. (2) Additional 12-month periods The President may delay the imposition of the licensing requirement under subsection (c) with respect to a country designated as a Destination of Diversion Concern under subsection (a) for additional 12-month periods after the 12-month period referred to in paragraph (1) if the President, for each such 12- month period - (A) makes the determinations described in subparagraphs (A) and (B) of paragraph (1) with respect to the country; and (B) submits to the appropriate congressional committees an updated version of the report required by subparagraph (C) of paragraph (1). (3) Strengthening export control systems If the President determines under paragraph (1)(B) that is it appropriate to carry out government-to-government activities to strengthen the export control system of a country designated as a Destination of Diversion Concern under subsection (a), the United States shall initiate government-to-government activities that may include - (A) cooperation by agencies and departments of the United States with counterpart agencies and departments in the country - (i) to develop or strengthen the export control system of the country; (ii) to strengthen cooperation among agencies of the country and with the United States and facilitate enforcement of the export control system of the country; and (iii) to promote information and data exchanges among agencies of the country and with the United States; (B) training officials of the country to strengthen the export control systems of the country - (i) to facilitate legitimate trade in goods, services, and technologies; and (ii) to prevent terrorists and state sponsors of terrorism, including Iran, from obtaining nuclear, biological, and chemical weapons, defense technologies, components for improvised explosive devices, and other defense articles; and (C) encouraging the government of the country to participate in the Proliferation Security Initiative, such as by entering into a ship boarding agreement pursuant to the Initiative. (e) Termination of designation The designation of a country as a Destination of Diversion Concern under subsection (a) shall terminate on the date on which the President determines, and certifies to the appropriate congressional committees, that the country has adequately strengthened the export control system of the country to prevent the diversion of goods, services, and technologies described in section 8542(b) of this title to Iranian end-users or Iranian intermediaries. (f) Form of reports A report required by subsection (b) or (d) may be submitted in classified form. -SOURCE- (Pub. L. 111-195, title III, Sec. 303, July 1, 2010, 124 Stat. 1347.) -STATAMEND- TERMINATION OF SECTION For termination of section, see section 8551(a) of this title. -TRANS- DELEGATION OF FUNCTIONS For delegation of functions of President under this section, see Memorandum of President of the United States, Sept. 23, 2010, 75 F.R. 67025, set out as a note under section 8501 of this title. -End- -CITE- 22 USC Sec. 8544 01/03/2012 (112-90) -EXPCITE- TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE CHAPTER 92 - COMPREHENSIVE IRAN SANCTIONS, ACCOUNTABILITY, AND DIVESTMENT SUBCHAPTER III - PREVENTION OF DIVERSION OF CERTAIN GOODS, SERVICES, AND TECHNOLOGIES TO IRAN -HEAD- Sec. 8544. Enforcement authority -STATUTE- The Secretary of Commerce may designate any employee of the Office of Export Enforcement of the Department of Commerce to conduct activities specified in clauses (i), (ii), and (iii) of section 12(a)(3)(B) of the Export Administration Act of 1979 (50 U.S.C. App. 2411(a)(3)(B)) when the employee is carrying out activities to enforce - (1) the provisions of the Export Administration Act of 1979 (50 U.S.C. App. 2401 et seq.) (as in effect pursuant to the International Emergency Economic Powers Act (50 U.S.C. 1701 et seq.)); (2) the provisions of this subchapter, or any other provision of law relating to export controls, with respect to which the Secretary of Commerce has enforcement responsibility; or (3) any license, order, or regulation issued under - (A) the Export Administration Act of 1979 (50 U.S.C. App. 2401 et seq.) (as in effect pursuant to the International Emergency Economic Powers Act (50 U.S.C. 1701 et seq.)); or (B) a provision of law referred to in paragraph (2). -SOURCE- (Pub. L. 111-195, title III, Sec. 305, July 1, 2010, 124 Stat. 1349.) -REFTEXT- REFERENCES IN TEXT The Export Administration Act of 1979, referred to in pars. (1) and (3)(A), is Pub. L. 96-72, Sept. 29, 1979, 93 Stat. 503, which is classified principally to section 2401 et seq. of Title 50, Appendix, War and National Defense. For complete classification of this Act to the Code, see Short Title note set out under section 2401 of Title 50, Appendix, and Tables. The International Emergency Economic Powers Act, referred to in pars. (1) and (3)(A), is title II of Pub. L. 95-223, Dec. 28, 1977, 91 Stat. 1626, which is classified generally to chapter 35 (Sec. 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. -End- -CITE- 22 USC SUBCHAPTER IV - GENERAL PROVISIONS 01/03/2012 (112-90) -EXPCITE- TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE CHAPTER 92 - COMPREHENSIVE IRAN SANCTIONS, ACCOUNTABILITY, AND DIVESTMENT SUBCHAPTER IV - GENERAL PROVISIONS -HEAD- SUBCHAPTER IV - GENERAL PROVISIONS -End- -CITE- 22 USC Sec. 8551 01/03/2012 (112-90) -EXPCITE- TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE CHAPTER 92 - COMPREHENSIVE IRAN SANCTIONS, ACCOUNTABILITY, AND DIVESTMENT SUBCHAPTER IV - GENERAL PROVISIONS -HEAD- Sec. 8551. General provisions -STATUTE- (a) Sunset The provisions of this Act (other than sections 105 and 305 [22 U.S.C. 8514, 8544] and the amendments made by sections 102, 107, 109, and 205) shall terminate, and section 80a-13(c)(1)(B) of title 15, as added by section 203(a), shall cease to be effective, on the date that is 30 days after the date on which the President certifies to Congress that - (1) the Government of Iran has ceased providing support for acts of international terrorism and no longer satisfies the requirements for designation as a state sponsor of terrorism (as defined in section 301 [22 U.S.C. 8541]) under - (A) section 2405(j)(1)(A) of the Appendix to title 50 (or any successor thereto); (B) section 2780(d) of this title; or (C) section 2371(a) of this title; and (2) Iran has ceased the pursuit, acquisition, and development of nuclear, biological, and chemical weapons and ballistic missiles and ballistic missile launch technology. (b) Presidential waivers (1) In general The President may waive the application of sanctions under section 103(b) [22 U.S.C. 8512(b)], the requirement to impose or maintain sanctions with respect to a person under section 105(a) [22 U.S.C. 8514(a)], the requirement to include a person on the list required by section 105(b) [22 U.S.C. 8514(b)], the application of the prohibition under section 106(a) [22 U.S.C. 8515(a)], or the imposition of the licensing requirement under section 303(c) [22 U.S.C. 8543(c)] with respect to a country designated as a Destination of Diversion Concern under section 303(a) [22 U.S.C. 8543(a)], if the President determines that such a waiver is in the national interest of the United States. (2) Reports (A) In general If the President waives the application of a provision pursuant to paragraph (1), the President shall submit to the appropriate congressional committees a report describing the reasons for the waiver. (B) Special rule for report on waiving imposition of licensing requirement under section 303(c) In any case in which the President waives, pursuant to paragraph (1), the imposition of the licensing requirement under section 303(c) [22 U.S.C. 8543(c)] with respect to a country designated as a Destination of Diversion Concern under section 303(a) [22 U.S.C. 8543(a)], the President shall include in the report required by subparagraph (A) of this paragraph an assessment of whether the government of the country is taking the steps described in subparagraph (A) of section 303(d)(1) [22 U.S.C. 8543(d)(1)(A)]. (c) Authorizations of appropriations (1) Authorization of appropriations for the Department of State and the Department of the Treasury There are authorized to be appropriated to the Secretary of State and to the Secretary of the Treasury such sums as may be necessary to implement the provisions of, and amendments made by, titles I and III of this Act [22 U.S.C. 8511 et seq., 8541 et seq.]. (2) Authorization of appropriations for the Department of Commerce There are authorized to be appropriated to the Secretary of Commerce such sums as may be necessary to carry out title III [22 U.S.C. 8541 et seq.]. -SOURCE- (Pub. L. 111-195, title IV, Sec. 401, July 1, 2010, 124 Stat. 1350.) -REFTEXT- REFERENCES IN TEXT This Act, referred to in subsecs. (a) and (c)(1), is Pub. L. 111- 195, July 1, 2010, 124 Stat. 1312, known as the Comprehensive Iran Sanctions, Accountability, and Divestment Act of 2010, which enacted this chapter, amended sections 287c, 2778, and 2780 of this title, section 80a-13 of Title 15, Commerce and Trade, section 310 of Title 31, Money and Finance, and section 16 of the Appendix to Title 50, War and National Defense, enacted provisions set out as notes under section 80a-13 of Title 15 and section 1701 of Title 50, and amended provisions set out as notes under section 1701 of Title 50. Title I of the Act enacted subchapter I of this chapter, amended sections 287c, 2778, and 2780 of this title, section 310 of Title 31, and section 16 of the Appendix to Title 50, enacted provisions set out as a note under section 1701 of Title 50, and amended provisions set out as a note under section 1701 of Title 50. Title III of the Act enacted subchapter III of this chapter. Section 102 of the Act enacted and amended provisions set out as notes under section 1701 of Title 50. Section 107 of the Act amended sections 287c, 2778, and 2780 of this title and section 16 of the Appendix to Title 50. Section 109 of the Act enacted section 8517 of this title and amended section 310 of Title 31. Section 205 of the Act amended section 80a-13 of Title 15, enacted provisions set out as a note under section 80a-13 of Title 15, and amended provisions set out as a note under section 1701 of Title 50. For complete classification of this Act to the Code, see Short Title note set out under section 8501 of this title and Tables. -TRANS- DELEGATION OF FUNCTIONS For delegation of functions of President under this section, see Memorandum of President of the United States, Sept. 23, 2010, 75 F.R. 67025, set out as a note under section 8501 of this title. -End-