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Title IV — General provisions

S. 52 · 116th Congress · Jan 8, 2019 · Lineage

IV General provisions

401. Suspension of sanctions

(a)
In general— The President may suspend in whole or in part the imposition of sanctions otherwise required under this Act or any amendment made by this Act for periods not to exceed 180 days if the President determines that the following criteria have been met in Syria:
(1)
The air space over Syria is no longer being utilized by the Government of Syria or the Government of the Russian Federation to target civilian populations through the use of incendiary devices, including barrel bombs, chemical weapons, and conventional arms, including air-delivered missiles and explosives.
(2)
Areas besieged by the Government of Syria, the Government of the Russian Federation, the Government of Iran, or a foreign person described in section 102(a)(2)(A)(ii) are no longer cut off from international aid and have regular access to humanitarian assistance, freedom of travel, and medical care.
(3)
The Government of Syria is releasing all political prisoners forcibly held within the prison system of the regime of Bashar al-Assad and the Government of Syria is allowing full access to the same facilities for investigations by appropriate international human rights organizations.
(4)
The forces of the Government of Syria, the Government of the Russian Federation, the Government of Iran, and any foreign person described in section 102(a)(2)(A)(ii) are no longer engaged in deliberate targeting of medical facilities, schools, residential areas, and community gathering places, including markets, in violation of international norms.
(5)
The Government of Syria is—
(A)
taking steps to verifiably fulfill its commitments under the Convention on the Prohibition of the Development, Production, Stockpiling and Use of Chemical Weapons and on their Destruction, done at Geneva September 3, 1992, and entered into force April 29, 1997 (commonly known as the “Chemical Weapons Convention”), and 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 (21 UST 483); and
(B)
making tangible progress toward becoming a signatory to the Convention on the Prohibition of the Development, Production and Stockpiling of Bacteriological (Biological) and Toxin Weapons and on their Destruction, done at Washington, London, and Moscow April 10, 1972, and entered into force March 26, 1975 (26 UST 583).
(6)
The Government of Syria is permitting the safe, voluntary, and dignified return of Syrians displaced by the conflict.
(7)
The Government of Syria is taking verifiable steps to establish meaningful accountability for perpetrators of war crimes in Syria and justice for victims of war crimes committed by the Assad regime, including by participation in a credible and independent truth and reconciliation process.
(b)
Briefing required— Not later than 30 days after the President makes a determination described in subsection (a), the President shall provide a briefing to the appropriate congressional committees on the determination and the suspension of sanctions pursuant to the determination.
(c)
Reimposition of sanctions— Any sanctions suspended under subsection (a) shall be reimposed if the President determines that the criteria described in that subsection are no longer being met.
(d)
Rule of construction— Nothing in this section shall be construed to limit the authority of the President to terminate the application of sanctions under section 102 with respect to a person that no longer engages in activities described in subsection (a)(2) of that section.
(e)
Appropriate congressional committees defined— In this section, the term appropriate congressional committees means—
(1)
the Committee on Foreign Affairs, the Committee on Financial Services, the Committee on Ways and Means, and the Committee on the Judiciary of the House of Representatives; and
(2)
the Committee on Foreign Relations, the Committee on Banking, Housing, and Urban Affairs, and the Committee on the Judiciary of the Senate.

402. Waivers and exemptions

(a)
Exemptions— The following activities and transactions shall be exempt from sanctions authorized under this Act or any amendment made by this Act:
(1)
Any activity subject to the reporting requirements under title V of the National Security Act of 1947 (50 U.S.C. 3091 et seq.), or to any authorized intelligence activities of the United States.
(2)
Any transaction necessary to comply with United States obligations under—
(A)
the Agreement regarding the Headquarters of the United Nations, signed at Lake Success June 26, 1947, and entered into force November 21, 1947, between the United Nations and the United States;
(B)
the Convention on Consular Relations, done at Vienna April 24, 1963, and entered into force March 19, 1967; or
(C)
any other international agreement to which the United States is a party.
(b)
Waiver—
(1)
In general— The President may, for periods not to exceed 180 days, waive the application of any provision of this Act with respect to a foreign person if the President certifies to the appropriate congressional committees that such a waiver is in the national security interests of the United States.
(2)
Briefing— Not later than 90 days after the issuance of a waiver under paragraph (1), and every 180 days thereafter while the waiver remains in effect, the President shall brief the appropriate congressional committees on the reasons for the waiver.
(c)
Humanitarian waiver—
(1)
In general— The President may waive, for renewable periods not to exceed 2 years, the application of any provision of this Act with respect to a nongovernmental organization providing humanitarian assistance not covered by the authorization described in section 304 if the President certifies to the appropriate congressional committees that such a waiver is important to address a humanitarian need and is consistent with the national security interests of the United States.
(2)
Briefing— Not later than 90 days after the issuance of a waiver under paragraph (1), and every 180 days thereafter while the waiver remains in effect, the President shall brief the appropriate congressional committees on the reasons for the waiver.
(d)
Appropriate congressional committees defined— In this section, the term appropriate congressional committees means—
(1)
the Committee on Foreign Affairs, the Committee on Financial Services, the Committee on Ways and Means, and the Committee on the Judiciary of the House of Representatives; and
(2)
the Committee on Foreign Relations, the Committee on Banking, Housing, and Urban Affairs, and the Committee on the Judiciary of the Senate.

403. Implementation and regulatory authorities

(a)
Implementation authority— The President may exercise all authorities provided to the President under sections 203 and 205 of the International Emergency Economic Powers Act (50 U.S.C. 1702 and 1704) for purposes of carrying out this Act and the amendments made by this Act.
(b)
Regulatory authority— The President shall, not later than 180 days after the date of the enactment of this Act, promulgate regulations as necessary for the implementation of this Act and the amendments made by this Act.

404. Cost limitation

No additional funds are authorized to carry out the requirements of this Act and the amendments made by this Act. Such requirements shall be carried out using amounts otherwise authorized.

405. Authority to consolidate reports

(a)
In general— Any reports required to be submitted to the appropriate congressional committees under this Act or any amendment made by this Act that are subject to a deadline for submission consisting of the same unit of time may be consolidated into a single report that is submitted to the appropriate congressional committees pursuant to such deadline. The consolidated reports shall contain all information required under this Act or any amendment made by this Act, in addition to all other elements mandated by previous law.
(b)
Appropriate congressional committees defined— In this section, the term appropriate congressional committees means—
(1)
the Committee on Foreign Affairs and the Committee on Financial Services of the House of Representatives; and
(2)
the Committee on Foreign Relations and the Committee on Banking, Housing, and Urban Affairs of the Senate.

406. Rule of construction

Nothing in this Act shall be construed to limit the authority of the President pursuant to the International Emergency Economic Powers Act (50 U.S.C. 1701 et seq.) or any other provision of law.

407. Sunset

This Act shall cease to be effective on the date that is 5 years after the date of the enactment of this Act.