§8562. Definitions — Inbound Citations
22 U.S.C. § 8562
Cited by 40 provisions in release 119-102.
Citations to §8562(1)
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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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(2) Sanctions under section 8563(c)(2) of this title shall not apply with respect to the admission of an individual to the United States if the admission of the individual 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, the Convention on Consular Relations, done at Vienna April 24, 1963, and entered into force March 19, 1967, or other applicable international obligations.
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(A) An alien described in subsection (a) is—(i) inadmissible to the United States;(ii) ineligible to receive 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) An alien described in subsection (a) is subject to revocation of any visa or other entry documentation regardless of when the visa or other entry documentation is or was issued.
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(ii) A revocation under clause (i) shall take effect immediately and automatically cancel any other valid visa or entry documentation that is in the alien’s possession.
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(C) Sanctions under this paragraph shall not apply with respect to an alien if admitting or paroling the alien into the United States is necessary—(i) 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; or(ii) to carry out or assist law enforcement activity in the United States.
Citations to §8562(2)
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(1) Not later than 180 days after December 29, 2022, the Secretary of State, in consultation with the Secretary of the Treasury, the Director of National Intelligence, and the Attorney General, shall submit to the appropriate congressional committees a report that—(A) includes a detailed description and assessment of—(i) the state of human rights and the rule of law inside Iran, including the treatment of marginalized individuals and communities in Iran;(ii) actions taken by the Government of Iran during the year preceding submission of the report to target and silence dissidents both inside and outside of Iran who advocate for human rights inside Iran;(iii) the methods used by the Government of Iran to target and silence dissidents both inside and outside of Iran; and(iv) the means through which the Government of Iran finances efforts to target and silence dissidents both inside and outside of Iran and the amount of that financing;(B) identifies foreign persons working as part of the Government of Iran or acting on behalf of that Government or its proxies that are involved in harassment and surveillance and that the Secretary of State may also, as appropriate, determine, in consultation with the Secretary of the Treasury, are knowingly responsible for, complicit in, or involved in ordering, conspiring, planning, or implementing the surveillance, harassment, kidnapping, illegal extradition, imprisonment, torture, killing, or assassination, on or after December 29, 2022, of citizens of Iran (including citizens of Iran of dual nationality) or citizens of the United States, inside or outside Iran, who seek—(i) to expose illegal or corrupt activity carried out by officials of the Government of Iran; or(ii) to obtain, exercise, defend, or promote the human rights of individuals, including members of marginalized communities, in Iran; and(C) includes, for each foreign person identified under subparagraph (B), a clear explanation for why the foreign person was so identified.
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(2) The report required by paragraph (1) shall be updated, and the updated version submitted to the appropriate congressional committees, during the 10-year period following December 29, 2022—(A) not less frequently than annually; and(B) with respect to matters relating to the identification of foreign persons under paragraph (1)(B), on an ongoing basis as appropriate.
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(a) Not earlier than 30 days and not later than 60 days after the Secretary of State submits to the appropriate congressional committees a report required by section 8563(a) of this title, the Secretary of the Treasury, in consultation with the Secretary of State, shall submit to the appropriate congressional committees a report that identifies any foreign financial institution that knowingly conducts a significant transaction with a foreign person identified in the report submitted under section 8563(a) of this title on or after the date on which the foreign person is identified in that report.
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(2) submits to the appropriate congressional committees a report on the waiver and the reasons for the waiver.
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(3) Not later than 10 days before the prescription of regulations under paragraph (2), the President shall brief and provide written notification to the appropriate congressional committees regarding—(A) the proposed regulations; and(B) the specific provisions of this subchapter that the regulations are implementing.
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(1) The President may, on a case-by-case basis and for periods not to exceed 180 days each, waive the application of sanctions imposed with respect to a foreign person under this section if the President certifies to the appropriate congressional committees, not later than 15 days after such waiver is to take effect, that the waiver is vital to the national interests of the United States.
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(2) The President shall not be required to impose sanctions under this section with respect to a foreign person described in subsection (a) if the President certifies in writing to the appropriate congressional committees that the foreign person—(A) is no longer engaging in activities described in subsection (b); or(B) has taken and is continuing to take significant, verifiable steps toward permanently terminating such activities.
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(i) The authorities provided by this section shall cease to have effect on and after the date that is 30 days after the date on which the President certifies to the appropriate congressional committees that—(1) the Government of Iran no longer repeatedly provides support for international terrorism as determined by the Secretary of State pursuant to—(C) section 2780 of this title; or(D) any other provision of law; and(2) Iran has ceased the pursuit, acquisition, and development of, and verifiably dismantled, its nuclear, biological, and chemical weapons, ballistic missiles, and ballistic missile launch technology.
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(a) Not later than 120 days after April 24, 2024, and annually thereafter until the date described in subsection (d), the Administrator of the Energy Information Administration shall submit to the appropriate congressional committees a report describing Iran’s growing exports of petroleum and petroleum products, that includes the following:(1) An analysis of Iran’s exports and sale of petroleum and petroleum products, including—(A) an estimate of Iran’s petroleum export and sale revenue per year since 2018;(B) an estimate of Iran’s petroleum export and sale revenue to China per year since 2018;(C) the amount of petroleum and crude oil barrels exported per year since 2018;(D) the amount of petroleum and crude oil barrels exported to China per year since 2018;(E) the amount of petroleum and crude oil barrels exported to countries other than China per year since 2018;(F) the average price per petroleum and crude oil barrel exported per year since 2018; and(G) the average price per petroleum and crude oil barrel exported to China per year since 2018.(2) An analysis of Iran’s labeling practices of exported petroleum and petroleum products.(3) A description of companies involved in the exporting and sale of Iranian petroleum and petroleum products.(4) A description of ships involved in the exporting and sale of Iranian petroleum and petroleum products.(5) A description of ports involved in the exporting and sale of Iranian petroleum and petroleum products.
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(a) Not later than 120 days after April 24, 2024, the Secretary of State, in consultation with the heads of other appropriate Federal agencies, shall submit to the appropriate congressional committees a written strategy, and provide to those committees an accompanying briefing, on the role of the People’s Republic of China in evasion of sanctions imposed by the United States with respect to Iranian-origin petroleum products that includes an assessment of options—(1) to strengthen the enforcement of such sanctions; and(2) to expand sanctions designations targeting the involvement of the People’s Republic of China in the production, transportation, storage, refining, and sale of Iranian-origin petroleum products.
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(1) The term “appropriate congressional committees” means—(A) the Committee on Foreign Affairs, the Committee on the Judiciary, and the Committee on Financial Services of the House of Representatives; and(B) the Committee on Foreign Relations, the Committee on the Judiciary, and the Committee on Banking, Housing, and Urban Affairs of the Senate.
Citations to §8562(3)
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(b) The Secretary of the Treasury may prohibit the opening, or 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 identified under subsection (a).
Citations to §8562(4)
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(a) Not earlier than 30 days and not later than 60 days after the Secretary of State submits to the appropriate congressional committees a report required by section 8563(a) of this title, the Secretary of the Treasury, in consultation with the Secretary of State, shall submit to the appropriate congressional committees a report that identifies any foreign financial institution that knowingly conducts a significant transaction with a foreign person identified in the report submitted under section 8563(a) of this title on or after the date on which the foreign person is identified in that report.
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(b) The Secretary of the Treasury may prohibit the opening, or 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 identified under subsection (a).
Citations to §8562(5)
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(B) identifies foreign persons working as part of the Government of Iran or acting on behalf of that Government or its proxies that are involved in harassment and surveillance and that the Secretary of State may also, as appropriate, determine, in consultation with the Secretary of the Treasury, are knowingly responsible for, complicit in, or involved in ordering, conspiring, planning, or implementing the surveillance, harassment, kidnapping, illegal extradition, imprisonment, torture, killing, or assassination, on or after December 29, 2022, of citizens of Iran (including citizens of Iran of dual nationality) or citizens of the United States, inside or outside Iran, who seek—(i) to expose illegal or corrupt activity carried out by officials of the Government of Iran; or(ii) to obtain, exercise, defend, or promote the human rights of individuals, including members of marginalized communities, in Iran; and
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(C) includes, for each foreign person identified under subparagraph (B), a clear explanation for why the foreign person was so identified.
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(B) with respect to matters relating to the identification of foreign persons under paragraph (1)(B), on an ongoing basis as appropriate.
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(b) In the case of a foreign person identified under paragraph (1)(B) of subsection (a) in the most recent report or update submitted under that subsection, the President shall impose the sanctions described in subsection (c), pursuant to this section or an appropriate Executive authority.
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(1) The President shall 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 a foreign person described in subsection (a)(1)(B) 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) In the case of a foreign person described in subsection (a)(1)(B) who is an individual, the individual is—(i) inadmissible to the United States;(ii) ineligible to receive 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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(a) Not earlier than 30 days and not later than 60 days after the Secretary of State submits to the appropriate congressional committees a report required by section 8563(a) of this title, the Secretary of the Treasury, in consultation with the Secretary of State, shall submit to the appropriate congressional committees a report that identifies any foreign financial institution that knowingly conducts a significant transaction with a foreign person identified in the report submitted under section 8563(a) of this title on or after the date on which the foreign person is identified in that report.
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(a) On and after the date that is 180 days after April 24, 2024, and except as provided in subsection (e)(2), the President shall impose the sanctions described in subsection (c) with respect to each foreign person that the President determines knowingly engaged, on or after April 24, 2024, in an activity described in subsection (b).
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(b) A foreign person engages in an activity described in this subsection if the foreign person—(1) owns or operates a foreign port at which, on or after April 24, 2024, such person knowingly permits to dock a vessel—(A) that is included on the list of specially designated nationals and blocked persons maintained by the Office of Foreign Assets Control of the Department of the Treasury for transporting Iranian crude oil or petroleum products; or(B) of which the operator or owner of such vessel otherwise knowingly engages in a significant transaction involving such vessel to transport, offload, or deal in significant transactions in condensate, refined, or unrefined petroleum products, or other petrochemical products originating from the Islamic Republic of Iran;(2) owns or operates a vessel through which such owner knowingly conducts a ship to ship transfer involving a significant transaction of any petroleum product originating from the Islamic Republic of Iran;(3) owns or operates a refinery through which such owner knowingly engages in a significant transaction to process, refine, or otherwise deal in any petroleum product originating from the Islamic Republic of Iran;(4) is a covered family member of a foreign person described in paragraph (1), (2), or (3); or
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(4) is a covered family member of a foreign person described in paragraph (1), (2), or (3); or
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(c) The sanctions described in this subsection with respect to a foreign person described in subsection (a) are the following:(1) Subject to such regulations as the President may prescribe, the President may prohibit a vessel described in subsection (b)(1)(A) or (b)(1)(B) from landing at any port in the United States—(A) with respect to a vessel described in subsection (b)(1)(A), for a period of not more than 2 years beginning on the date on which the President imposes sanctions with respect to a related foreign port described in subsection (b)(1)(A); and(B) with respect to a vessel described in subsection (b)(1)(B), for a period of not more than 2 years.(2) The President shall exercise all of the powers granted to the President under the International Emergency Economic Powers Act (50 U.S.C. 1701 et seq.) to the extent necessary to block and prohibit all transactions in 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.(A) An alien described in subsection (a) is—(i) inadmissible to the United States;(ii) ineligible to receive 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.).(i) An alien described in subsection (a) is subject to revocation of any visa or other entry documentation regardless of when the visa or other entry documentation is or was issued.(ii) A revocation under clause (i) shall take effect immediately and automatically cancel any other valid visa or entry documentation that is in the alien’s possession.(C) Sanctions under this paragraph shall not apply with respect to an alien if admitting or paroling the alien into the United States is necessary—(i) 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; or(ii) to carry out or assist law enforcement activity in the United States.(4) 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 to carry out 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.
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(2) The President shall exercise all of the powers granted to the President under the International Emergency Economic Powers Act (50 U.S.C. 1701 et seq.) to the extent necessary to block and prohibit all transactions in 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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(1) For purposes of determinations under subsection (a) that a foreign person engaged in activities described in subsection (b), a foreign person shall not be determined to know that petroleum or petroleum products originated from Iran if such person relied on a certificate of origin or other documentation confirming that the origin of the petroleum or petroleum products was a country other than Iran, unless such person knew or had reason to know that such documentation was falsified.
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(1) The President may, on a case-by-case basis and for periods not to exceed 180 days each, waive the application of sanctions imposed with respect to a foreign person under this section if the President certifies to the appropriate congressional committees, not later than 15 days after such waiver is to take effect, that the waiver is vital to the national interests of the United States.
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(2) The President shall not be required to impose sanctions under this section with respect to a foreign person described in subsection (a) if the President certifies in writing to the appropriate congressional committees that the foreign person—(A) is no longer engaging in activities described in subsection (b); or(B) has taken and is continuing to take significant, verifiable steps toward permanently terminating such activities.
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(2) The term “covered family member”, with respect to a foreign person who is an individual, means a spouse, adult child, parent, or sibling of the person who engages in the sanctionable activity described under section 8572 of this title or who demonstrably benefits from such activity.
Citations to §8562(6)
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(1) The President shall 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 a foreign person described in subsection (a)(1)(B) 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 shall exercise all of the powers granted to the President under the International Emergency Economic Powers Act (50 U.S.C. 1701 et seq.) to the extent necessary to block and prohibit all transactions in 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.