§10101. Definitions — Inbound Citations
22 U.S.C. § 10101
Cited by 24 provisions in release 119-102.
Citations to 22 U.S.C. § 10101 as a whole
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(5) all officials of the government of the Islamic Republic of Iran who are responsible for human rights abuses in the form of politically motivated imprisonment should be held to account, including through the imposition of sanctions pursuant to the Global Magnitsky Human Rights Accountability Act (22 U.S.C. 10101 et seq.) and other applicable statutory authorities of the United States.
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(a) The Secretary of State, in consultation with the Secretary of the Treasury, should evaluate whether there are foreign persons engaged in significant corruption for the purposes of potential imposition of sanctions under the Global Magnitsky Human Rights Accountability Act (subtitle F of title XII of Public Law 114–328; 22 U.S.C. 10101 et seq.)—(1) in all countries identified pursuant to section 10502(b) of this title; and(2) in relation to the planning or construction or any operation of the Nord Stream 2 pipeline.
Citations to §10101(1)
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(a) The President may impose the sanctions described in subsection (b) with respect to any foreign person the President determines, based on credible evidence—(1) is responsible for extrajudicial killings, torture, or other gross violations of internationally recognized human rights committed against individuals in any foreign country who seek—(A) to expose illegal activity carried out by government officials; or(B) to obtain, exercise, defend, or promote internationally recognized human rights and freedoms, such as the freedoms of religion, expression, association, and assembly, and the rights to a fair trial and democratic elections;(2) acted as an agent of or on behalf of a foreign person in a matter relating to an activity described in paragraph (1);(3) is a government official, or a senior associate of such an official, that is responsible for, or complicit in, ordering, controlling, or otherwise directing, acts of significant corruption, including the expropriation of private or public assets for personal gain, corruption related to government contracts or the extraction of natural resources, bribery, or the facilitation or transfer of the proceeds of corruption to foreign jurisdictions; or(4) has materially assisted, sponsored, or provided financial, material, or technological support for, or goods or services in support of, an activity described in paragraph (3).
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(2) acted as an agent of or on behalf of a foreign person in a matter relating to an activity described in paragraph (1);
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(1) In the case of a foreign person who is an individual—(A) ineligibility to receive a visa to enter the United States or to be admitted to the United States; or(B) if the individual has been issued a visa or other documentation, revocation, in accordance with section 1201(i) of title 8, of the visa or other documentation.
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(A) The blocking, in accordance with the International Emergency Economic Powers Act (50 U.S.C. 1701 et seq.), of all transactions in all property and interests in property of a foreign person 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.
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(1) Not later than 120 days after receiving a request that meets the requirements of paragraph (2) with respect to whether a foreign person has engaged in an activity described in subsection (a), the President shall—(A) determine if that person has engaged in such an activity; and(B) submit a classified or unclassified report to the chairperson and ranking member of the committee or committees that submitted the request with respect to that determination that includes—(i) a statement of whether or not the President imposed or intends to impose sanctions with respect to the person; and(ii) if the President imposed or intends to impose sanctions, a description of those sanctions.
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(A) A request under paragraph (1) with respect to whether a foreign person has engaged in an activity described in paragraph (1) or (2) of subsection (a) shall be submitted to the President in writing jointly by the chairperson and ranking member of one of the appropriate congressional committees.
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(B) A request under paragraph (1) with respect to whether a foreign person has engaged in an activity described in paragraph (3) or (4) of subsection (a) shall be submitted to the President in writing jointly by the chairperson and ranking member of—(i) one of the appropriate congressional committees of the Senate; and(ii) one of the appropriate congressional committees of the House of Representatives.
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(i) The Assistant Secretary of State for Democracy, Human Rights, and Labor, in consultation with the Assistant Secretary of State for Consular Affairs and other bureaus of the Department of State, as appropriate, is authorized to submit to the Secretary of State, for review and consideration, the names of foreign persons who may meet the criteria described in subsection (a).
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(1) a list of each foreign person with respect to which the President imposed sanctions pursuant to section 10102 of this title during the year preceding the submission of the report;
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(3) the number of foreign persons with respect to which the President—(A) imposed sanctions under section 10102(a) of this title during that year; and(B) terminated sanctions under section 10102(g) of this title during that year;
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(2) The name of a foreign person to be included in the list required by subsection (a)(1) may be submitted in the classified annex authorized by paragraph (1) only if the President—(A) determines that it is vital for the national security interests of the United States to do so;(B) uses the annex in a manner consistent with congressional intent and the purposes of this chapter; and(C) not later than 15 days before submitting the name in a classified annex, provides to the appropriate congressional committees notice of, and a justification for, including the name in the classified annex despite any publicly available credible information indicating that the person engaged in an activity described in section 10102(a) of this title.
Citations to §10101(2)
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(1) is responsible for extrajudicial killings, torture, or other gross violations of internationally recognized human rights committed against individuals in any foreign country who seek—(A) to expose illegal activity carried out by government officials; or(B) to obtain, exercise, defend, or promote internationally recognized human rights and freedoms, such as the freedoms of religion, expression, association, and assembly, and the rights to a fair trial and democratic elections;
Citations to §10101(3)
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(A) determine if that person has engaged in such an activity; and
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(i) a statement of whether or not the President imposed or intends to impose sanctions with respect to the person; and
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(f) A person that violates, attempts to violate, conspires to violate, or causes a violation of a sanction described in subsection (b)(2) that is imposed by the President or any regulation, license, or order issued to carry out such a sanction shall be subject to the penalties set forth in subsections (b) and (c) of section 206 of the International Emergency Economic Powers Act (50 U.S.C. 1705) to the same extent as a person that commits an unlawful act described in subsection (a) of that section.
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(g) The President may terminate the application of sanctions under this section with respect to a person if the President determines and reports to the appropriate congressional committees not later than 15 days before the termination of the sanctions that—(1) credible information exists that the person did not engage in the activity for which sanctions were imposed;(2) the person has been prosecuted appropriately for the activity for which sanctions were imposed;(3) the person has credibly demonstrated a significant change in behavior, has paid an appropriate consequence for the activity for which sanctions were imposed, and has credibly committed to not engage in an activity described in subsection (a) in the future; or(4) the termination of the sanctions is in the national security interests of the United States.
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(1) credible information exists that the person did not engage in the activity for which sanctions were imposed;
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(2) the person has been prosecuted appropriately for the activity for which sanctions were imposed;
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(3) the person has credibly demonstrated a significant change in behavior, has paid an appropriate consequence for the activity for which sanctions were imposed, and has credibly committed to not engage in an activity described in subsection (a) in the future; or
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(2) a description of the type of sanctions imposed with respect to each such person;
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(C) not later than 15 days before submitting the name in a classified annex, provides to the appropriate congressional committees notice of, and a justification for, including the name in the classified annex despite any publicly available credible information indicating that the person engaged in an activity described in section 10102(a) of this title.
Citations to §10101(4)
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(A) The blocking, in accordance with the International Emergency Economic Powers Act (50 U.S.C. 1701 et seq.), of all transactions in all property and interests in property of a foreign person 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.