§10221. Definitions — Inbound Citations
22 U.S.C. § 10221
Cited by 33 provisions in release 119-102.
Citations to §10221(1)
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(i) inadmissible to the United States;(ii) ineligible for a visa or other documentation to enter the United States; and(iii) otherwise ineligible to be admitted or paroled into the United States or to receive any other benefit under the Immigration and Nationality Act (8 U.S.C. 1101 et seq.).
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(iii) otherwise ineligible to be admitted or paroled into the United States or to receive any other benefit under the Immigration and Nationality Act (8 U.S.C. 1101 et seq.).
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(i) The issuing consular officer, the Secretary of State, or the Secretary of Homeland Security (or a designee of one of such Secretaries) shall, in accordance with section 221(i) of the Immigration and Nationality Act (8 U.S.C. 1201(i)), revoke any visa or other entry documentation issued to an alien described in subparagraph (A) regardless of when the visa or other entry documentation is issued.
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(II) shall automatically cancel any other valid visa or entry documentation that is in the alien’s possession.
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(2) Sanctions under subsection (d)(3) shall not apply with respect to the admission of an alien if admitting or paroling the alien into the United States is necessary to permit the United States to comply with the Agreement regarding the Headquarters of the United Nations, signed at Lake Success June 26, 1947, and entered into force November 21, 1947, between the United Nations and the United States, or other applicable international obligations.
Citations to §10221(2)
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(2) Upon making the determination required by paragraph (1), the President shall submit to the appropriate congressional committees a report on the assessment.
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(g) The President may, on a case-by-case basis waive the application of sanctions or restrictions imposed with respect to a foreign person under this section if the President certifies to the appropriate congressional committees at the time such waiver is to take effect that the waiver is in the national interest of the United States.
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(i) Not later than 90 days after December 23, 2022, and annually thereafter for 8 years, the Secretary of State, in consultation with the Secretary of the Treasury, shall submit to the appropriate congressional committees a classified report that—(1) describes the primary sources of income to which the Burmese military has access and that the United States has been unable to reach using sanctions authorities; and(2) assesses the impact of the sanctions imposed pursuant to the authorities under this section on the Burmese people and the Burmese military.
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(b) Sanctions imposed under this subchapter may be removed before the date specified in subsection (a), if the President submits to the appropriate congressional committees a certification that—(1) the Burmese military has released all political prisoners taken into custody on or after February 1, 2021, or is providing legal recourse to those that remain in custody;(2) the elected government of Burma has been reinstated or new free and fair elections have been held;(3) all legal charges against those winning election in November 2020 are dropped; and(4) the 2008 constitution of Burma has been amended or replaced to place the Burmese military under civilian oversight and ensure that the Burmese military no longer automatically receives 25 percent of seats in Burma’s state, regional, and national Hluttaws.
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(1) The President may terminate the application of sanctions under this subchapter with respect to specific individuals if the President submits to the appropriate congressional committees—(A) a notice of and justification for the termination; and(B) a notice that the individual is not engaging in the activity or is no longer occupying the position that was the basis for the sanctions or has taken significant verifiable steps toward stopping the activity.
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During each of the fiscal years 2023 through 2027, following consultation with the appropriate congressional committees and subject to the limitations described in section 10242 of this title, funds authorized to be made available to carry out chapter 4 of part II of the Foreign Assistance Act of 1961 may be made available, notwithstanding any other provision of law, for—
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In this subchapter, the term “appropriate congressional committees” means—
Citations to §10221(3)
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(b) The Secretary of the Treasury may, in consultation with the Secretary of State, prohibit or impose strict conditions on the opening or maintaining in the United States of a correspondent account or payable-through account by a foreign financial institution that the President determines has, on or after December 23, 2022, knowingly conducted or facilitated a significant transaction or transactions on behalf of a foreign person subject to sanctions under this section imposed pursuant to subsection (a).
Citations to §10221(4)
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(b) The Secretary of the Treasury may, in consultation with the Secretary of State, prohibit or impose strict conditions on the opening or maintaining in the United States of a correspondent account or payable-through account by a foreign financial institution that the President determines has, on or after December 23, 2022, knowingly conducted or facilitated a significant transaction or transactions on behalf of a foreign person subject to sanctions under this section imposed pursuant to subsection (a).
Citations to §10221(5)
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(a) Not later than 180 days after December 23, 2022, the President shall impose the sanctions described in subsection (d) with respect to any foreign person that the President determines—(1) is a senior official of—(A) the Burmese military or security forces of Burma;(B) the State Administration Council, the military-appointed cabinet at the level of Deputy Minister or higher, or a military-appointed minister of a Burmese state or region; or(C) an entity that primarily operates in the defense sector of the Burmese economy; or(2) is a Burmese state-owned commercial enterprise (other than an entity described in subsections (c)(1) and (c)(2)) that—(A) is operating in the industrial or extractive sectors; and(B) significantly financially benefits the Burmese military.
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(b) The Secretary of the Treasury may, in consultation with the Secretary of State, prohibit or impose strict conditions on the opening or maintaining in the United States of a correspondent account or payable-through account by a foreign financial institution that the President determines has, on or after December 23, 2022, knowingly conducted or facilitated a significant transaction or transactions on behalf of a foreign person subject to sanctions under this section imposed pursuant to subsection (a).
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(4) any foreign person that, leading up to, during, and since the February 1, 2021, coup d’etat in Burma, is responsible for or has directly and knowingly engaged in—(A) actions or policies that significantly undermine democratic processes or institutions in Burma;(B) actions or policies that significantly threaten the peace, security, or stability of Burma;(C) actions or policies by a Burmese person that—(i) significantly prohibit, limit, or penalize the exercise of freedom of expression or assembly by people in Burma; or(ii) limit access to print, online, or broadcast media in Burma; or(D) the orchestration of arbitrary detention or torture in Burma or other serious human rights abuses in Burma; or
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(1) The President may exercise all powers granted to the President by the International Emergency Economic Powers Act (50 U.S.C. 1701 et seq.) to the extent necessary to block and prohibit all transactions in all property and interests in property of the foreign person if such property and interests in property are in the United States, come within the United States, or are or come within the possession or control of a United States person.
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(2) The President may, pursuant to such regulations as the President may prescribe, prohibit any transactions in foreign exchange that are subject to the jurisdiction of the United States and in which the foreign person has any interest.
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(g) The President may, on a case-by-case basis waive the application of sanctions or restrictions imposed with respect to a foreign person under this section if the President certifies to the appropriate congressional committees at the time such waiver is to take effect that the waiver is in the national interest of the United States.
Citations to §10221(6)
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(b) The Secretary of the Treasury may, in consultation with the Secretary of State, prohibit or impose strict conditions on the opening or maintaining in the United States of a correspondent account or payable-through account by a foreign financial institution that the President determines has, on or after December 23, 2022, knowingly conducted or facilitated a significant transaction or transactions on behalf of a foreign person subject to sanctions under this section imposed pursuant to subsection (a).
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(4) any foreign person that, leading up to, during, and since the February 1, 2021, coup d’etat in Burma, is responsible for or has directly and knowingly engaged in—(A) actions or policies that significantly undermine democratic processes or institutions in Burma;(B) actions or policies that significantly threaten the peace, security, or stability of Burma;(C) actions or policies by a Burmese person that—(i) significantly prohibit, limit, or penalize the exercise of freedom of expression or assembly by people in Burma; or(ii) limit access to print, online, or broadcast media in Burma; or(D) the orchestration of arbitrary detention or torture in Burma or other serious human rights abuses in Burma; or
Citations to §10221(7)
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(3) a spouse or adult child of any person described in subsection (a)(1);
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(C) actions or policies by a Burmese person that—(i) significantly prohibit, limit, or penalize the exercise of freedom of expression or assembly by people in Burma; or(ii) limit access to print, online, or broadcast media in Burma; or
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(2) 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 any regulations promulgated 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 [50 U.S.C. 1705(a)].
Citations to §10221(8)
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(4) support interagency United States Government efforts, including efforts of the United States Chief of Mission to Burma, the United States Ambassador to ASEAN, and the United States Permanent Representative to the United Nations, relating to—(A) identifying opportunities to exert pressure on the governments of the People’s Republic of China and the Russian Federation to support multilateral action against the Burmese military; and(B) working with like-minded partners to impose a coordinated arms embargo on the Burmese military and targeted sanctions on the economic interests of the Burmese military, including through the introduction and adoption of a United Nations Security Council resolution; and
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(A) identifying opportunities to exert pressure on the governments of the People’s Republic of China and the Russian Federation to support multilateral action against the Burmese military; and
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(2) the administrative operations and programs of entities in Burma, including the political entities and affiliates of Ethnic Armed Organizations and pro-democracy movement organizations, that support efforts to establish an inclusive and representative democracy in Burma;
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(3) technical support and non-lethal assistance for Burma’s Ethnic Armed Organizations, People’s Defense Forces, and pro-democracy movement organizations to strengthen communications and command and control, and coordination of international relief and other operations between and among such entities;
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(4) programs and activities relating to former members of the Burmese military that have condemned the February 1, 2022, coup d’etat and voiced support for the restoration of civilian rule;
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(6) programs to assist civil society organizations in Burma that support individuals that who are unlawfully detained in Burma for exercising their fundamental freedoms; and
Citations to §10221(9)
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(1) The President may exercise all powers granted to the President by the International Emergency Economic Powers Act (50 U.S.C. 1701 et seq.) to the extent necessary to block and prohibit all transactions in all property and interests in property of the foreign person if such property and interests in property are in the United States, come within the United States, or are or come within the possession or control of a United States person.
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(A) agreements entered into between United States persons and the Government of Burma prior to May 21, 1997;