US Codex
Pub. L.
Notes

Title III — General Provisions

115th Congress · Approved Oct 25, 2018 · 132 Stat. 4144

TITLE III General Provisions

SEC. 301. Regulatory Authority.

(a)
In General.— The President shall, not later than 180 days after the date of the enactment of this Act, prescribe regulations as necessary for the implementation of this Act and the amendments made by this Act.
(b)
Notification to Congress.— Not later than 10 days before the prescription of regulations under subsection (a), the President shall notify the appropriate congressional committees regarding the proposed regulations and the provisions of this Act and the amendments made by this Act that the regulations are implementing.
(c)
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.

SEC. 302. Implementation; Penalties; Judicial Review; Exemptions; Rule of Construction; Exception Relating to Importation of Goods.

(a)
In General.— Title I of the Hizballah International Financing Prevention Act of 2015 (Public Law 114–102; 50 U.S.C. 1701 note), as amended by sections 103 and 104 of this Act, is further amended by adding at the end the following:

“SEC. 105. IMPLEMENTATION; PENALTIES; JUDICIAL REVIEW; EXEMPTIONS; RULE OF CONSTRUCTION.

“(a) 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 sections 101, 102, 103, and 201 of this Act.

“(b) 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 to carry out section 101, 102, 103, or 201 of this Act to the same extent that such penalties apply to a person that commits an unlawful act described in subsection (a) of such section 206.

“(c) Procedures for Judicial Review of Classified Information.—

“(1) In general.—If a finding under section 101, 102, 103, or 201 of this Act, or a prohibition, condition, or penalty imposed as a result of any such finding, 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 President 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 section 101, 102, 103, or 201 of this Act, or any prohibition, condition, or penalty imposed as a result of any such finding.

“(d) Exemptions.—The following activities shall be exempt from sections 101, 102, 103, and 201 of this Act:

“(1) Any authorized intelligence, law enforcement, or national security activities of the United States.

“(2) Any transaction necessary to comply with United States obligations under the Agreement between the United Nations and the United States of America regarding the Headquarters of the United States, signed at Lake Success June 26, 1947, and entered into force November 21, 1947, or the Convention on Consular Relations, done at Vienna April 24, 1963, and entered into force March 19, 1967, or any other United States international agreement.

“(e) Rule of Construction.—Nothing in section 101, 102, 103, or 201 of this Act shall be construed to limit the authority of the President under the International Emergency Economic Powers Act (50 U.S.C. 1701 et seq.) or under any other provision of law.

“(f) Exception Relating to Importation of Goods.—

“(1) In general.—The authorities and requirements to impose sanctions under this Act shall not include the authority or requirement to impose sanctions on the importation of goods.

“(2) Definition.—In this subsection, the term ‘good’ means any article, natural or manmade substance, material, supply or manufactured product, including inspection and test equipment, and excluding technical data.”

(b)
Clerical Amendment.— The table of contents for the Hizballah International Financing Prevention Act of 2015, as amended by this Act, is further amended by inserting after the item relating to section 104, as added by section 104(b) of this Act, the following new item:

“Sec. 105. Implementation; penalties; judicial review; exemptions; rule of construction.”.

(c)
Conforming Amendments.— Section 102 of the Hizballah International Financing Prevention Act of 2015 (Public Law 114–102; 50 U.S.C. 1701 note) is amended—
(1)
in subsection (a), by striking paragraphs (3) and (4);
(2)
by striking subsection (e); and
(3)
by redesignating subsection (f) as subsection (e).

SEC. 303. Report Consolidation and Modification.

(a)
In General.— Any and all reports required to be submitted to Congress under this Act or the Hizballah International Financing Prevention Act of 2015 (Public Law 114–102; 50 U.S.C. 1701 note) 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 Congress pursuant to such deadline.
(b)
Matters to Be Included.— Any report that is consolidated into a single report as described in subsection (a) shall contain all information required under this Act or the Hizballah International Financing Prevention Act of 2015 in addition to all other elements required by previous law.
(c)
Reports Modification.— The North Korea Sanctions and Policy Enhancement Act of 2016 is amended as follows:
(1)
In section 209(a)(3)(A) (22 U.S.C. 9229(a)(3)(A)), by striking “ not later than 90 days after the date of the enactment of this Act, and every 180 days thereafter” and inserting “ not later than 90 days after the date of the enactment of the Hizballah International Financing Prevention Amendments Act of 2018, and every 180 days thereafter for 5 years”.
(2)
In section 302(a) (22 U.S.C. 9241(a)), by striking “ Not later than 180 days after the date of the enactment of this Act” and inserting “ Not later than 120 days after the date of the enactment of the Hizballah International Financing Prevention Amendments Act of 2018, and periodically thereafter”.