§ 9403 Imposition of additional sanctions in response to Iran’s ballistic missile program · 119-83

§ 9403.

Imposition of additional sanctions in response to Iran’s ballistic missile program

(a)

Sense of Congress

It is the sense of Congress that the Secretary of the Treasury and the Secretary of State should continue to implement Executive Order No. 13382 (50 U.S.C. 1701 note; relating to blocking property of weapons of mass destruction delivery system proliferators and their supporters).

(b)

Imposition of sanctions

The President shall impose the sanctions described in subsection (c) with respect to any person that the President determines, on or after

August 2, 2017

—

(1)

knowingly engages in any activity that materially contributes to the activities of the Government of Iran with respect to its ballistic missile program, or any other program in Iran for developing, deploying, or maintaining systems capable of delivering weapons of mass destruction, including any efforts to manufacture, acquire, possess, develop, transport, transfer, or use such capabilities;

(2)

is a successor entity to a person referred to in paragraph (1);

(3)

owns or controls or is owned or controlled by a person referred to in paragraph (1);

(4)

forms an entity with the purpose of evading sanctions that would otherwise be imposed pursuant to paragraph (3);

(5)

is acting for or on behalf of a person referred to in paragraph (1), (2), (3), or (4); or

(6)

knowingly provides or attempts to provide financial, material, technological, or other support for, or goods or services in support of, a person referred to in paragraph (1), (2), (3), (4) or (5).

(c)

Sanctions described

The sanctions described in this subsection are the following:

(1)

Blocking of property

The President shall block, in accordance with the International Emergency Economic Powers Act (50 U.S.C. 1701 et seq.), all transactions in all property and interests in property of any person subject to subsection (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.

(2)

Exclusion from United States

The Secretary of State shall deny a visa to, and the Secretary of Homeland Security shall exclude from the United States, any person subject to subsection (b) that is an alien.

(d)

Penalties

A person that violates, attempts to violate, conspires to violate, or causes a violation of subsection (c)(1) or any regulation, license, or order issued to carry out that subsection 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.

(e)

Report on contributions to Iran’s ballistic missile program

(1)

In general

Not later than 180 days after

August 2, 2017

, and every 180 days thereafter, the President shall submit to the appropriate congressional committees a report describing each person that—

(A)

has, during the period specified in paragraph (2), conducted any activity that has materially contributed to the activities of the Government of Iran with respect to its ballistic missile program, or any other program in Iran for developing, deploying, or maintaining systems capable of delivering weapons of mass destruction, including any efforts to manufacture, acquire, possess, develop, transport, transfer, or use such capabilities;

(B)

is a successor entity to a person referred to in subparagraph (A);

(C)

owns or controls or is owned or controlled by a person referred to in subparagraph (A);

(D)

forms an entity with the purpose of evading sanctions that could be imposed as a result of a relationship described in subparagraph (C);

(E)

is acting for or on behalf of a person referred to in subparagraph (A), (B), (C), or (D); or

(F)

is known or believed to have provided, or attempted to provide, during the period specified in paragraph (2), financial, material, technological, or other support for, or goods or services in support of, any material contribution to a program described in subparagraph (A) carried out by a person described in subparagraph (A), (B), (C), (D), or (E).

(2)

Period specified

The period specified in this paragraph is—

(A)

in the case of the first report submitted under paragraph (1), the period beginning

January 1, 2016

, and ending on the date the report is submitted; and

(B)

in the case of a subsequent such report, the 180-day period preceding the submission of the report.

(3)

Form of report

Each report required by paragraph (1) shall be submitted in unclassified form but may include a classified annex.

Source

(Pub. L. 115–44, title I, § 104,

Aug. 2, 2017

, 131 Stat. 890.)

Notes

Editorial Notes

References in Text

Executive Order No. 13382, referred to in subsec. (a), is Ex. Ord. No. 13382,

June 28, 2005

, 70 F.R. 38567, which is listed in a table under section 1701 of Title 50, War and National Defense.

The International Emergency Economic Powers Act, referred to in subsec. (c)(1), is title II of Pub. L. 95–223,

Dec. 28, 1977

, 91 Stat. 1626, which is classified generally to chapter 35 (§ 1701 et seq.) of Title 50, War and National Defense. For complete classification of this Act to the Code, see Short Title note set out under section 1701 of Title 50 and Tables.

Executive Documents

Delegation of Certain Functions and Authorities Under the Countering America’s Adversaries Through Sanctions Act of 2017

Memorandum of President of the United States,

Oct. 11, 2017

, 82 F.R. 50051, provided:

Memorandum for the Secretary of State[,] the Secretary of the Treasury[, and] the Secretary of Homeland Security

By the authority vested in me as President by the Constitution and the laws of the United States of America, including section 301 of title 3, United States Code, I hereby order as follows:

Section 1. (a) I hereby delegate to the Secretary of State the functions and authorities vested in the President by section 110 of the Countering America’s Adversaries Through Sanctions Act of 2017 (Public Law 115–44) (the “Act”)[.]

(b) I hereby delegate to the Secretary of State, in consultation with the Secretary of the Treasury, the functions and authorities vested in the President by the following provisions of the Act:

(i) section 104(b) [22 U.S.C. 9403(b)], with respect to a determination under the standard set forth in section 104(b)(1);

(ii) section 107(a) [22 U.S.C. 9406(a)], with respect to a determination under the standards set forth in section 107(a)(1) and (a)(2);

(iii) section 107(d) [22 U.S.C. 9406(d)], with respect to making the certification described therein;

(iv) section 108(b)(2) [22 U.S.C. 9407(b)(2)];

(v) section 109 [22 U.S.C. 9408]; and

(vi) section 112 [22 U.S.C. 9411].

(c) I hereby delegate to the Secretary of the Treasury the functions and authorities vested in the President by the following provisions of the Act:

(i) section 104(c)(1) [22 U.S.C. 9403(c)(1)]; and

(ii) section 107(b)(1) [22 U.S.C. 9406(b)(1)].

(d) I hereby delegate to the Secretary of the Treasury, in consultation with the Secretary of State, the functions and authorities vested in the President by the following provisions of the Act:

(i) section 104(b), with respect to a determination under the standards set forth under section 104(b)(2) through (b)(6);

(ii) section 104(e) [22 U.S.C. 9403(e)];

(iii) section 106(b)(1) [22 U.S.C. 9405(b)(1)];

(iv) section 108(a)(1) [22 U.S.C. 9407(a)(1)]; and

(v) section 108(b)(1) [22 U.S.C. 9407(b)(1)].

(e) I hereby delegate to the Secretary of State and the Secretary of the Treasury the functions and authorities vested in the President by the following sections of the Act:

(i) section 105(b) [22 U.S.C. 9404(b)], to be exercised in consultation with each other and commensurate with their respective areas of responsibility set forth in previous Presidential actions under the International Emergency Economic Powers Act (50 U.S.C. 1701 et seq.), including Executive Order 13224 of

September 23, 2001

(Blocking Property and Prohibiting Transactions With Persons Who Commit, Threaten To Commit, or Support Terrorism);

(ii) section 108(a)(2) [22 U.S.C. 9407(a)(2)], to be exercised in consultation with each other and commensurate with their respective areas of responsibility set forth in Executive Order 13382 of

June 28, 2005

(Blocking Property of Weapons of Mass Destruction Proliferators and Their Supporters) and Executive Order 13224; and

(iii) section 111(b) [22 U.S.C. 9410(b)], to be exercised commensurate with their respective areas of responsibility set forth in this memorandum.

(f) I hereby delegate to the Secretary of State, the Secretary of the Treasury, and the Secretary of Homeland Security the functions and authorities vested in the President by the following sections of the Act:

(i) section 104(b), to be exercised commensurate with their respective areas of responsibility or delegated authority under section 104(c), with respect to the imposition of sanctions following a determination under section 104(b); and

(ii) section 107(a), to be exercised commensurate with their respective areas of responsibility or delegated authority under section 107(b), with respect to the imposition of sanctions following a determination under section 107(a).

Sec. 2. The delegations in this memorandum shall apply to any provisions of any future public laws that are the same or substantially the same as those provisions referenced in this memorandum.

Sec. 3. The Secretary of State is authorized and directed to publish this memorandum in the Federal Register.

Donald J. Trump.

§ 9403. Imposition of additional sanctions in response to Iran’s ballistic missile program