§ 1701. Unusual and extraordinary threat; declaration of national emergency; exercise of Presidential authorities

§ 1701. Unusual and extraordinary threat; declaration of national emergency; exercise of Presidential authorities

(a) Any authority granted to the President by section 1702 of this title may be exercised to deal with any unusual and extraordinary threat, which has its source in whole or substantial part outside the United States, to the national security, foreign policy, or economy of the United States, if the President declares a national emergency with respect to such threat.

(b) The authorities granted to the President by section 1702 of this title may only be exercised to deal with an unusual and extraordinary threat with respect to which a national emergency has been declared for purposes of this chapter and may not be exercised for any other purpose. Any exercise of such authorities to deal with any new threat shall be based on a new declaration of national emergency which must be with respect to such threat.

(Pub. L. 95–223, title II, § 202, Dec. 28, 1977, 91 Stat. 1626.)

Statutory Notes and Related Subsidiaries

Short Title of 2024 Amendment

Pub. L. 118–50, div. O, § 1, Apr. 24, 2024, 138 Stat. 988, provided that: “This division [enacting section 1710 of this title, enacting provisions set out as notes under this section, and amending provisions set out as a note under this section] may be cited as the ‘Strengthening Tools to Counter the Use of Human Shields Act’.”

Short Title of 2023 Amendment

Pub. L. 117–336, § 1, Jan. 5, 2023, 136 Stat. 6147, provided that: “This Act [enacting section 1709 of this title] may be cited as the ‘Protecting American Intellectual Property Act of 2022’.”

Short Title of 2021 Amendment

Pub. L. 117–54, § 1(a), Nov. 10, 2021, 135 Stat. 413, provided that: “This Act [amending section 2277a of Title 22, Foreign Relations and Intercourse, and enacting and amending provisions set out as notes under this section] may be cited as the ‘Reinforcing Nicaragua’s Adherence to Conditions for Electoral Reform Act of 2021’ or the ‘RENACER Act’.”

Short Title of 2018 Amendment

Pub. L. 115–272, § 1(a), Oct. 25, 2018, 132 Stat. 4144, provided that: “This Act [amending sections 9229 and 9241 of Title 22, Foreign Relations and Intercourse, and enacting and amending provisions set out as notes under this section] may be cited as the ‘Hizballah International Financing Prevention Amendments Act of 2018’.”

Short Title of 2016 Amendment

Pub. L. 114–277, § 1, Dec. 15, 2016, 130 Stat. 1409, provided that: “This Act [amending provisions set out as a note under this section] may be cited as the ‘Iran Sanctions Extension Act’.”

Pub. L. 114–194, § 1, July 15, 2016, 130 Stat. 674, provided that: “This Act [amending provisions set out as a note under this section] may be cited as the ‘Venezuela Defense of Human Rights and Civil Society Extension Act of 2016’.”

Short Title of 2007 Amendment

Pub. L. 110–96, § 1, Oct. 16, 2007, 121 Stat. 1011, provided that: “This Act [amending section 1705 of this title and enacting provisions set out as a note under section 1705 of this title] may be cited as the ‘International Emergency Economic Powers Enhancement Act’.”

Short Title of 2006 Amendment

Pub. L. 109–353, § 1, Oct. 13, 2006, 120 Stat. 2015, provided that: “This Act [amending provisions set out as a note under this section] may be cited as the ‘North Korea Nonproliferation Act of 2006’.”

Pub. L. 109–293, § 1, Sept. 30, 2006, 120 Stat. 1344, provided that: “This Act [amending section 5318A of Title 31, Money and Finance, enacting provisions set out as notes under this section and section 2151 of Title 22, Foreign Relations and Intercourse, and amending provisions set out as a note under this section] may be cited as the ‘Iran Freedom Support Act’.”

Short Title of 2005 Amendment

Pub. L. 109–112, § 1, Nov. 22, 2005, 119 Stat. 2366, provided that: “This Act [enacting provisions set out as a note under this section and amending provisions set out as notes under this section and section 2797b of Title 22, Foreign Relations and Intercourse] may be cited as the ‘Iran Nonproliferation Amendments Act of 2005’.”

Short Title of 2001 Amendment

Pub. L. 107–24, § 1, Aug. 3, 2001, 115 Stat. 199, provided that: “This Act [enacting and amending provisions set out as notes under this section] may be cited as the ‘ILSA Extension Act of 2001’.”

Short Title

Pub. L. 95–223, title II, § 201, Dec. 28, 1977, 91 Stat. 1626, provided that: “This title [enacting this chapter] may be cited as the ‘International Emergency Economic Powers Act’.”

Regulatory Authority

Pub. L. 115–272, title III, § 301(a), Oct. 25, 2018, 132 Stat. 4155, provided that: “The President shall, not later than 180 days after the date of the enactment of this Act [Oct. 25, 2018], prescribe regulations as necessary for the implementation of this Act [see Short Title of 2018 Amendment note set out above] and the amendments made by this Act.”

Separability

Pub. L. 95–223, title II, § 208, Dec. 28, 1977, 91 Stat. 1629, provided that: “If any provision of this Act [enacting this chapter] is held invalid, the remainder of the Act shall not be affected thereby.”

Report and Imposition of Sanctions To Harmonize With Allied Sanctions

Pub. L. 118–50, div. G, § 1, Apr. 24, 2024, 138 Stat. 954, provided that: “(a) Report Required.—Not later than 90 days after the date of the enactment of this division [Apr. 24, 2024], the President shall submit to the Committee on Foreign Affairs of the House of Representatives and the Committee on Foreign Relations of the Senate a report identifying—“(1) each foreign person currently subject to—“(A) sanctions issued by the European Union pursuant to European Union Council Regulation No. 269/2014 of 17 March, 2014, as amended; or “(B) sanctions issued by the United Kingdom pursuant to the Russia (Sanctions) (EU Exit) Regulations 2019, as amended; and “(2) each such foreign person that also meets the criteria for imposition of sanctions by the United States pursuant to—“(A) the Global Magnitsky Human Rights Accountability Act of 2016 [Pub. L. 114–328, div. A, title XII, subtitle F] (22 U.S.C. 10101 et seq.); “(B) Executive Order 14024 (50 U.S.C. 1701 note, relating to blocking property with respect to specified harmful foreign activities of the Government of the Russian Federation), as amended; “(C) Executive Order 14068 (50 U.S.C. 1701 note, relating to prohibiting certain imports, exports, and new investment with respect to continued Russian Federation aggression), as amended; or “(D) Executive Order 14071 (50 U.S.C. 1701 note, relating to prohibiting new investment in and certain services to the Russian Federation in response to continued Russian Federation aggression), as amended. “(b) Imposition of Sanctions.—The President may impose the sanctions authorized by the applicable provision of law listed in subsection (a)(2) with respect to each foreign person identified in the report required under subsection (a)(1) who is not already subject to sanctions under United States law pursuant to one or more statutory sanctions authorities as of the date of the submission of such report.”

Hamas and Other Palestinian Terrorist Groups International Financing Prevention

Pub. L. 118–50, div. M, Apr. 24, 2024, 138 Stat. 980, provided that: “SEC. 1. SHORT TITLE.“This division may be cited as the ‘Hamas and Other Palestinian Terrorist Groups International Financing Prevention Act’. “SEC. 2. STATEMENT OF POLICY.“It shall be the policy of the United States—“(1) to prevent Hamas, Palestinian Islamic Jihad, Al-Aqsa Martyrs Brigade, the Lion’s Den, or any affiliate or successor thereof from accessing its international support networks; and “(2) to oppose Hamas, the Palestinian Islamic Jihad, Al-Aqsa Martyrs Brigade, the Lion’s Den, or any affiliate or successor thereof from using goods, including medicine and dual use items, to smuggle weapons and other materials to further acts of terrorism, including against Israel. “SEC. 3. IMPOSITION OF SANCTIONS WITH RESPECT TO FOREIGN PERSONS SUPPORTING ACTS OF TERRORISM OR ENGAGING IN SIGNIFICANT TRANSACTIONS WITH SENIOR MEMBERS OF HAMAS, PALESTINIAN ISLAMIC JIHAD AND OTHER PALESTINIAN TERRORIST ORGANIZATIONS.“(a) In General.—Not later than 180 days after the date of enactment of this division [Apr. 24, 2024], the President shall impose the sanctions described in subsection (c) with respect to each foreign person that the President determines, on or after the date of the enactment of this division, engages in an activity described in subsection (b). “(b) Activities Described.—A foreign person engages in an activity described in this subsection if the foreign person knowingly—“(1) assists in sponsoring or providing significant financial, material, or technological support for, or goods or other services to enable, acts of terrorism; or “(2) engages, directly or indirectly, in a significant transaction with—“(A) a senior member of Hamas, Palestinian Islamic Jihad, Al-Aqsa Martyrs Brigade, the Lion’s Den, or any affiliate or successor thereof; or “(B) a senior member of a foreign terrorist organization designated pursuant to section 219 of the Immigration and Nationality Act (8 U.S.C. 1189) that is responsible for providing, directly or indirectly, support to Hamas, Palestinian Islamic Jihad, Al-Aqsa Martyrs Brigade, the Lion’s Den, or any affiliate or successor thereof. “(c) Sanctions Described.—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 a foreign person described in subsection (a) 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. “(d) 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 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. “(e) Implementation; Regulations.—“(1) In general.—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) for purposes of carrying out this section. “(2) Regulations.—Not later than 60 days after the date of the enactment of this division, the President shall issue regulations or other guidance as may be necessary for the implementation of this section. “(f) Waiver.—The President may waive, on a case-by-case basis and for a period of not more than 180 days, the application of sanctions under this section with respect to a foreign person only if, not later than 15 days prior to the date on which the waiver is to take effect, the President submits to the appropriate congressional committees a written determination and justification that the waiver is in the vital national security interests of the United States. “(g) Humanitarian Assistance.—“(1) In general.—Sanctions under this section shall not apply to—“(A) the conduct or facilitation of a transaction for the provision of agricultural commodities, food, medicine, medical devices, or humanitarian assistance, or for humanitarian purposes; or “(B) transactions that are necessary for or related to the activities described in subparagraph (A). “(2) Definitions.—In this subsection:“(A) Agricultural commodity.—The term ‘agricultural commodity’ has the meaning given that term in section 102 of the Agricultural Trade Act of 1978 (7 U.S.C. 5602). “(B) Medical device.—The term ‘medical device’ has the meaning given the term ‘device’ in section 201 of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 321). “(C) Medicine.—The term ‘medicine’ has the meaning given the term ‘drug’ in section 201 of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 321). “(h) Rule of Construction.—The authority to impose sanctions under this section with respect to a foreign person is in addition to the authority to impose sanctions under any other provision of law with respect to a foreign person that directly or indirectly supports acts of international terrorism. “SEC. 4. IMPOSITION OF MEASURES WITH RESPECT TO FOREIGN STATES PROVIDING SUPPORT TO HAMAS, PALESTINIAN ISLAMIC JIHAD AND OTHER PALESTINIAN TERRORIST ORGANIZATIONS.“(a) In General.—Not later than 180 days after the date of enactment of this division [Apr. 24, 2024], the President shall impose the measures described in subsection (c) with respect to a foreign state if the President determines that the foreign state, on or after the date of the enactment of this division, engages in an activity described in subsection (b). “(b) Activities Described.—A foreign state engages in an activity described in this subsection if the foreign state knowingly—“(1) provides significant material or financial support for acts of international terrorism, pursuant to—“(A) section 1754(c) of the Export Control Reform Act of 2018 (50 U.S.C. 4813(c)(1)(A)) [sic]; “(B) section 620A of the Foreign Assistance Act of 1961 (22 U.S.C. 2371); “(C) section 40 of the Arms Export Control Act (22 U.S.C. 2780); or “(D) any other provision of law; “(2) provides significant material support to Hamas, the Palestinian Islamic Jihad, Al-Aqsa Martyrs Brigade, the Lion’s Den, or any affiliate or successor thereof; or “(3) engages in a significant transaction that materially contributes, directly or indirectly, to the terrorist activities of Hamas, the Palestinian Islamic Jihad, Al-Aqsa Martyrs Brigade, the Lion’s Den, or any affiliate or successor thereof. “(c) Measures Described.—The measures described in this subsection with respect to a foreign state are the following:“(1) The President shall suspend, for a period of at least 1 year, United States assistance to the foreign state. “(2) The Secretary of the Treasury shall instruct the United States Executive Director to each appropriate international financial institution to oppose, and vote against, for a period of 1 year, the extension by such institution of any loan or financial or technical assistance to the government of the foreign state. “(3) The President shall prohibit the export of any item on the United States Munitions List (established pursuant to section 38 of the Arms Export Control Act (22 U.S.C. 2778)) or the Commerce Control List set forth in Supplement No. 1 to part 774 of title 15, Code of Federal Regulations, to the foreign state for a period of 1 year. “(d) 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 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. “(e) Waiver.—The President may waive, on a case-by-case basis and for a period of not more than 180 days, the application of measures under this section with respect to a foreign state only if, not later than 15 days prior to the date on which the waiver is to take effect, the President submits to the appropriate congressional committees a written determination and justification that the waiver is in the vital national security interests of the United States. “(f) Implementation; Regulations.—“(1) In general.—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) for purposes of carrying out this section. “(2) Regulations.—Not later than 60 days after the date of the enactment of this division, the President shall issue regulations or other guidance as may be necessary for the implementation of this section. “(g) Additional Exemptions.—“(1) Status of forces agreements.—The President may exempt the application of measures under this section with respect to a foreign state if the application of such measures would prevent the United States from meeting the terms of any status of forces agreement to which the United States is a party or meeting other obligations relating to the basing of United States service members. “(2) Authorized intelligence activities.—Measures under this section shall not apply with respect to any activity subject to the reporting requirements under title V of the National Security Act of 1947 (50 U.S.C. 3091 et seq.) or any authorized intelligence activities of the United States. “(3) Humanitarian assistance.—“(A) In general.—Measures under this section shall not apply to—“(i) the conduct or facilitation of a transaction for the provision of agricultural commodities, food, medicine, medical devices, or humanitarian assistance, or for humanitarian purposes; or “(ii) transactions that are necessary for or related to the activities described in clause (i). “(B) Definitions.—In this subsection:“(i) Agricultural commodity.—The term ‘agricultural commodity’ has the meaning given that term in section 102 of the Agricultural Trade Act of 1978 (7 U.S.C. 5602). “(ii) Medical device.—The term ‘medical device’ has the meaning given the term ‘device’ in section 201 of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 321). “(iii) Medicine.—The term ‘medicine’ has the meaning given the term ‘drug’ in section 201 of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 321). “(h) Rule of Construction.—The authority to impose measures under this section with respect to a foreign state is in addition to the authority to impose measures under any other provision of law with respect to foreign states that directly or indirectly support acts of international terrorism. “SEC. 5. REPORTS ON ACTIVITIES TO DISRUPT GLOBAL FUNDRAISING, FINANCING, AND MONEY LAUNDERING ACTIVITIES OF HAMAS, PALESTINIAN ISLAMIC JIHAD, AL-AQSA MARTYRS BRIGADE, THE LION’S DEN OR ANY AFFILIATE OR SUCCESSOR THEREOF.“(a) In General.—Not later than 90 days after the date of enactment of this division [Apr. 24, 2024], and every 180 days thereafter, the President shall submit to the appropriate congressional committees a report that includes—“(1) an assessment of the disposition of the assets and activities of Hamas, the Palestinian Islamic Jihad, Al-Aqsa Martyrs Brigade, the Lion’s Den, or any affiliate or successor thereof related to fundraising, financing, and money laundering worldwide; “(2) a list of foreign states that knowingly providing material, financial, or technical support for, or goods or services to Hamas, the Palestinian Islamic Jihad, Al-Aqsa Martyrs Brigade, the Lion’s Den, or any affiliate or successor thereof; “(3) a list of foreign states in which Hamas, the Palestinian Islamic Jihad, Al-Aqsa Martyrs Brigade, the Lion’s Den, or any affiliate or successor thereof conducts significant fundraising, financing, or money laundering activities; “(4) a list of foreign states from which Hamas, the Palestinian Islamic Jihad, Al-Aqsa Martyrs Brigade, the Lion’s Den, or any affiliate or successor thereof knowingly engaged in the transfer of surveillance equipment, electronic monitoring equipment, or other means to inhibit communication or the free flow of information in Gaza; and “(5) with respect to each foreign state listed in paragraph (2), (3), or (4)—“(A) a description of the steps the foreign state identified is taking adequate measures to restrict financial flows to Hamas, the Palestinian Islamic Jihad, Al-Aqsa Martyrs Brigade, the Lion’s Den, or any affiliates or successors thereof; and “(B) in the case of a foreign state failing to take adequate measures to restrict financial flows to Hamas, Palestinian Islamic Jihad, Al-Aqsa Martyrs Brigade, the Lion’s Den or any other designated entity engaged in significant act of terrorism threatening the peace and security of Israel—“(i) an assessment of the reasons that government is not taking adequate measures to restrict financial flows to those entities; and “(ii) a description of measures being taken by the United States Government to encourage the foreign state to restrict financial flows to those entities; and “(b) Form.—Each report required by subsection (a) shall be submitted in unclassified form to the greatest extent possible, and may contain a classified annex. “SEC. 6. TERMINATION.“This division shall terminate on the earlier of—“(1) the date that is 7 years after the date of the enactment of this division [Apr. 24, 2024]; or “(2) the date that is 30 days after the date on which the President certifies to the appropriate congressional committees that—“(A) Hamas or any successor or affiliate thereof is no longer designated as a foreign terrorist organization pursuant to section 219 of the Immigration and Nationality Act (8 U.S.C. 1189); “(B) Hamas, the Palestinian Islamic Jihad, Al-Aqsa Martyrs Brigade, the Lion’s Den, and any successor or affiliate thereof are no longer subject to sanctions pursuant to—“(i) Executive Order No. 12947 [50 U.S.C. 1701 note] (January 23, 1995; relating to prohibiting transactions with terrorists who threaten to disrupt the Middle East peace process); and “(ii) Executive Order No. 13224 [50 U.S.C. 1701 note] (September 23, 2001; relating to blocking property and prohibiting transactions with persons who commit, threaten to commit, or support terrorism); and “(C) Hamas, the Palestinian Islamic Jihad, Al-Aqsa Martyrs Brigade, the Lion’s Den, and any successor or affiliate thereof meet the criteria described in paragraphs (1) through (4) of section 9 of the Palestinian Anti-Terrorism Act of 2006 (22 U.S.C. 2378b note). “SEC. 7. DEFINITIONS.“In this division:“(1) Act of terrorism.—The term ‘act of terrorism’ means an activity that—“(A) involves a violent act or an act dangerous to human life, property, or infrastructure; and “(B) appears to be intended to—“(i) intimidate or coerce a civilian population; “(ii) influence the policy of a government by intimidation or coercion; or “(iii) affect the conduct of a government by mass destruction, assassination, kidnapping, or hostage-taking. “(2) Admitted.—The term ‘admitted’ has the meaning given such term in section 101(a)(13)(A) of the Immigration and Nationality Act (8 U.S.C. 1101(a)(13)(A)). “(3) Appropriate congressional committees.—The term ‘appropriate congressional committees’ means—“(A) the Committee on Foreign Affairs and the Committee on Financial Services of the House of Representatives; and “(B) the Committee on Foreign Relations and the Committee on Banking, Housing, and Urban Affairs of the Senate. “(4) Foreign state.—The term ‘foreign state’ has the meaning given such term in section 1603 of title 28, United States Code. “(5) Humanitarian aid.—The term ‘humanitarian aid’ means food, medicine, and medical supplies. “(6) Material support.—The term ‘material support’ has the meaning given the term ‘material support or resources’ in section 2339A of title 18, United States Code. “(7) United states person.—The term ‘United States person’ means—“(A) a United States citizen or an alien lawfully admitted for permanent residence to the United States; or “(B) an entity organized under the laws of the United States or of any jurisdiction within the United States, including a foreign branch of such an entity.”

Sanctions With Respect to Threats to Current or Former United States Officials

Pub. L. 118–50, div. O, § 6, Apr. 24, 2024, 138 Stat. 991, provided that: “(a) In General.—On and after the date that is 180 days after the date of the enactment of this division [Apr. 24, 2024], the President shall impose the sanctions described in subsection (b) with respect to any foreign person the President determines has, on or after such date of enactment, ordered, directed, or taken material steps to carry out any use of violence or has attempted or threatened to use violence against any current or former official of the Government of the United States. “(b) Sanctions Described.—The sanctions described in this subsection are the following:“(1) Inadmissibility to united states.—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 221(i) of the Immigration and Nationality Act (8 U.S.C. 1201(i)), of the visa or other documentation. “(2) Blocking of property.—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. “(c) Enforcement of Blocking of Property.—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. “(d) Waiver.—The President may waive the application of sanctions under this section for renewable periods not to exceed 180 days if the President—“(1) determines that such a waiver is in the vital national security interests of the United States; and “(2) not less than 15 days before the granting of the waiver, submits to the appropriate congressional committees a notice of and justification for the waiver. “(e) Termination and Sunset.—“(1) Termination of sanctions.—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—“(A) credible information exists that the person did not engage in the activity for which sanctions were imposed; “(B) 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 “(C) the termination of the sanctions is in the vital national security interests of the United States. “(2) Sunset.—The requirement to impose sanctions under this section shall terminate on the date that is 4 years after the date of the enactment of this division. “(f) Appropriate Congressional Committees Defined.—In this section, the term ‘appropriate congressional committees’ means—“(1) the Committee on Foreign Affairs and the Committee on the Judiciary; and “(2) the Committee on Foreign Relations and the Committee on the Judiciary.”

Illicit Captagon Trafficking Suppression

Pub. L. 118–50, div. P, Apr. 24, 2024, 138 Stat. 992, provided that: “SEC. 1. SHORT TITLE.“This division may be cited as the ‘Illicit Captagon Trafficking Suppression Act of 2023’. “SEC. 2. FINDINGS.“Congress finds the following:“(1) Industrial scale production of the amphetamine-type stimulant also known as captagon, and the illicit production of precursor chemicals, in territories held by the regime of President Bashar al Assad in Syria are becoming more sophisticated and pose a severe challenge to regional and international security. “(2) Elements of the Government of Syria are key drivers of illicit trafficking in captagon, with ministerial-level complicity in production and smuggling, using other armed groups such as Hizballah for technical and logistical support in captagon production and trafficking. “(3) As affiliates of the Government of Syria and other actors seek to export captagon, they undermine regional security by empowering a broad range of criminal networks, militant groups, mafia syndicates, and autocratic governments. “SEC. 3. STATEMENT OF POLICY.“It is the policy of the United States to target individuals, entities, and networks associated with the Government of Syria to dismantle and degrade the transnational criminal organizations, including narcotics trafficking networks, associated with the regime of President Bashar al Assad in Syria and Hizballah. “SEC. 4. IMPOSITION OF SANCTIONS WITH RESPECT TO ILLICIT CAPTAGON TRAFFICKING.“(a) In General.—The sanctions described in subsection (b) shall be imposed with respect to any foreign person the President determines, on or after the date of enactment of this division—“(1) engages in, or attempts to engage in, activities or transactions that have materially contributed to, or pose a significant risk of materially contributing to, the illicit production and international illicit proliferation of captagon; or “(2) knowingly receives any property or interest in property that the foreign person knows—“(A) constitutes or is derived from proceeds of activities or transactions that have materially contributed to, or pose a significant risk of materially contributing to, the illicit production and international illicit proliferation of captagon; or “(B) was used or intended to be used to commit or to facilitate activities or transactions that have materially contributed to, or pose a significant risk of materially contributing to, the illicit production and international illicit proliferation of captagon. “(b) Sanctions Described.—The sanctions described in this subsection are the following:“(1) Blocking of property.—The President shall exercise all authorities granted 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 come within the possession or control of a United States person. “(2) Ineligibility for visas, admission, or parole.—“(A) Visas, admission, or parole.—An alien described in subsection (a) shall be—“(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.). “(B) Current visas revoked.—“(i) In general.—The visa or other entry documentation of any alien described in subsection (a) is subject to revocation regardless of the issue date of the visa or other entry documentation. “(ii) Immediate effect.—A revocation under clause (i) shall, in accordance with section 221(i) of the Immigration and Nationality Act (8 U.S.C. 1201(i))— “(I) take effect immediately; and “(II) cancel any other valid visa or entry documentation that is in the possession of the alien. “(c) Penalties.—Any person that violates, or attempts to violate, subsection (b) or any regulation, license, or order issued pursuant to 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. “(d) Waiver.—“(1) In general.—The President may waive the application of sanctions under this section with respect to a foreign person only if, not later than 15 days prior to the date on which the waiver is to take effect, the President submits to the appropriate congressional committees a written determination and justification that the waiver is important to the national security interests of the United States. “(2) Briefing.—Not later than 60 days after the issuance of a waiver under paragraph (1), and every 180 days thereafter while the waiver remains in effect, the President shall brief the appropriate congressional committees on the reasons for the waiver. “(e) 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 this section. “(f) Regulations.—“(1) In general.—The President shall, not later than 120 days after the date of the enactment of this division [Apr. 24, 2024], promulgate regulations as necessary for the implementation of this section. “(2) Notification to congress.—Not later than 10 days before the promulgation of regulations under this subsection, the President shall notify the appropriate congressional committees of the proposed regulations and the provisions of this section that the regulations are implementing. “(g) Exceptions.—“(1) Exception for intelligence activities.—Sanctions under this section shall not apply to any activity subject to the reporting requirements under title V of the National Security Act of 1947 (50 U.S.C. 3091 et seq.) or any authorized intelligence activities of the United States. “(2) Exception to comply with international obligations and for law enforcement activities.—Sanctions under this section shall not apply with respect to an alien if admitting or paroling the alien into the United States is necessary—“(A) 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 “(B) to carry out or assist authorized law enforcement activity in the United States. “(3) Humanitarian assistance.—“(A) In general.—Sanctions under this division shall not apply to—“(i) the conduct or facilitation of a transaction for the provision of agricultural commodities, food, medicine, medical devices, humanitarian assistance, or for humanitarian purposes; or “(ii) transactions that are necessary for or related to the activities described in clause (i). “(B) Definitions.—In this subsection:“(i) Agricultural commodity.—The term ‘agricultural commodity’ has the meaning given that term in section 102 of the Agricultural Trade Act of 1978 (7 U.S.C. 5602). “(ii) Medical device.—The term ‘medical device’ has the meaning given the term ‘device’ in section 201 of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 321). “(iii) Medicine.—The term ‘medicine’ has the meaning given the term ‘drug’ in section 201 of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 321). “SEC. 5. DETERMINATIONS WITH RESPECT TO THE GOVERNMENT OF SYRIA, HIZBALLAH, AND NETWORKS AFFILIATED WITH THE GOVERNMENT OF SYRIA OR HIZBALLAH.“(a) In General.—Not later than 180 days after the date of the enactment of this division [Apr. 24, 2024], the President shall—“(1) determine whether each foreign person described in subsection (b) meets the criteria for sanctions under this division; and “(2) submit to the appropriate congressional committees a report containing—“(A) a list of all foreign persons described in subsection (b) that meet the criteria for imposition of sanctions under this division; “(B) for each foreign person identified pursuant to subparagraph (A), a statement of whether sanctions have been imposed or will be imposed within 30 days of the submission of the report; and “(C) with respect to any person identified pursuant to subparagraph (A) for whom sanctions have not been imposed and will not be imposed within 30 days of the submission of the report, the specific authority under which otherwise applicable sanctions are being waived, have otherwise been determined not to apply, or are not being imposed and a complete justification of the decision to waive or otherwise not apply such sanctions. “(b) Foreign Persons Described.—The foreign persons described in this subsection are the following:“(1) Maher Al Assad. “(2) Imad Abu Zureiq. “(3) Amer Taysir Khiti. “(4) Taher al-Kayyali. “(5) Raji Falhout. “(6) Mohammed Asif Issa Shalish. “(7) Abdellatif Hamid. “(8) Mustafa Al Masalmeh. “SEC. 6. DEFINITIONS.“In this division:“(1) Appropriate congressional committees.—The term ‘appropriate congressional committees’ means—“(A) the Committee on Foreign Affairs, the Committee on Financial Services, and the Committee on the Judiciary of the House of Representatives; and “(B) the Committee on Foreign Relations, the Committee on Banking, Housing, and Urban Affairs, and the Committee on the Judiciary of the Senate. “(2) Captagon.—The term ‘captagon’ means any compound, mixture, or preparation which contains any quantity of a stimulant in schedule I or II of section 202 of the Controlled Substances Act (21 U.S.C. 812), including—“(A) amphetamine, methamphetamine, and fenethylline; “(B) any immediate precursor or controlled substance analogue of such a stimulant, as defined in section 102 of the Controlled Substances Act (21 U.S.C. 802); and “(C) any isomers, esters, ethers, salts, and salts of isomers, esters, and ethers of such a stimulant, whenever the existence of such isomers, esters, ethers, and salts is possible within the specific chemical designation. “(3) Foreign person.—The term ‘foreign person’—“(A) means an individual or entity that is not a United States person; and “(B) includes a foreign state (as such term is defined in section 1603 of title 28, United States Code). “(4) Illicit proliferation.—The term ‘illicit proliferation’ refers to any illicit activity to produce, manufacture, distribute, sell, or knowingly finance or transport. “(5) Knowingly.—The term ‘knowingly’ has the meaning given that term in section 14 of the Iran Sanctions Act of 1996 (Public Law 104–172; 50 U.S.C. 1701 note). “(6) United states person.—The term ‘United States person’ means—“(A) a United States citizen; “(B) a permanent resident alien of the United States; “(C) an entity organized under the laws of the United States or of any jurisdiction within the United States, including a foreign branch of such an entity; or “(D) a person in the United States.”

Banking Transparency for Sanctioned Persons Act of 2022

Pub. L. 117–263, div. E, title LVII, § 5706, Dec. 23, 2022, 136 Stat. 3418, provided that: “(a) In General.—Not later than 1 year after the date of the enactment of this Act [Dec. 23, 2022], and annually thereafter, the Secretary of the Treasury shall issue a report to the Committees on Financial Services and Foreign Affairs of the House of Representatives and the Committees on Banking, Housing, and Urban Affairs and Foreign Relations of the Senate that includes a list of specific licenses issued by the Secretary in the preceding 365 days that authorizes a U.S. financial institution (as defined under section 561.309 of title 31, Code of Federal Regulations) to provide financial services to any of the following:“(1) The government of a state sponsor of terrorism. “(2) A person sanctioned pursuant to any of the following:“(A) Section 404 of the Russia and Moldova Jackson-Vanik Repeal and Sergei Magnitsky Rule of Law Accountability Act of 2012 (Public Law 112–208) [22 U.S.C. 5811 note]. “(B) Subtitle F of title XII of the National Defense Authorization Act for Fiscal Year 2017 (Public Law 114–328, the Global Magnitsky Human Rights Accountability Act) [22 U.S.C. 10101 et seq.]. “(C) Executive Order No. 13818 [listed in a table below]. “(b) Submission of Copies of Licenses on Request.—The Secretary of the Treasury shall expeditiously provide a copy of any license identified in a report required by subsection (a) to the Committee on Financial Services of the House of Representatives and the Committee on Banking, Housing, and Urban Affairs of the Senate if an appropriate Member of Congress requests a copy of that license not later than 60 days after submission of the report. “(c) Business Confidential Information.—“(1) In general.—The Secretary of the Treasury shall, in the report under subsection (a) and any submissions under subsection (b), identify any proprietary information submitted by any private sector representative and mark such information as ‘business confidential information’. “(2) Treatment as trade secrets.—Business confidential information described under paragraph (1) shall be considered to be a matter falling within the meaning of trade secrets and commercial or financial information exemption under section 552(b)(4) of title 5, United States Code, and shall be exempt from disclosure under such section 552 of such title without the express approval of the private party. “(d) Authorization of Appropriations.—For the purpose of carrying out the activities authorized under this section, there is authorized to be appropriated to the Secretary of the Treasury $1,000,000. “(e) Sunset.—The section shall cease to have any force or effect after the end of the 5-year period beginning on the date of enactment of this Act [Dec. 23, 2022]. “(f) Form of Report and Submissions.—A report or submission required under this section shall be submitted in unclassified form but may contain a classified annex. “(g) Appropriate Member of Congress Defined.—In this section, the term ‘appropriate Member of Congress’ has the meaning given that term under section 7132(d) of the National Defense Authorization Act for Fiscal Year 2020 [22 U.S.C. 9265a(d)].”

Sanctioning the Use of Civilians as Defenseless Shields

Pub. L. 118–50, div. O, § 2, Apr. 24, 2024, 138 Stat. 988, provided that: “It shall be the policy of the United States to fully implement and enforce sanctions against terrorist organizations and other malign actors that use innocent civilians as human shields.”

Pub. L. 115–348, Dec. 21, 2018, 132 Stat. 5055, as amended by Pub. L. 118–50, div. O, § 3, Apr. 24, 2024, 138 Stat. 988, provided that: “SECTION 1. SHORT TITLE.“This Act may be cited as the ‘Sanctioning the Use of Civilians as Defenseless Shields Act’. “SEC. 2. STATEMENT OF POLICY.“It shall be the policy of the United States to officially and publicly condemn the use of innocent civilians as human shields. “SEC. 3. IMPOSITION OF SANCTIONS WITH RESPECT TO FOREIGN PERSONS THAT ARE RESPONSIBLE FOR THE USE OF CIVILIANS AS HUMAN SHIELDS.“(a) Imposition of Sanctions.—“(1) Mandatory sanctions.—The President shall impose sanctions described in subsection (d) with respect to each person on the list required under subsection (b). “(2) Permissive sanctions.—The President may impose sanctions described in subsection (d) with respect to each person on the list described in subsection (c). “(b) Mandatory Sanctions List.—Not later than one year after the date of the enactment of this Act [Dec. 21, 2018], and annually thereafter, the President shall submit to the appropriate congressional committees a list of the following:“(1) Each foreign person that the President determines, on or after the date of the enactment of this Act—“(A) is a member of Hizballah or is knowingly acting on behalf of Hizballah; and “(B) knowingly orders, controls, or otherwise directs the use of civilians protected as such by the law of war to shield military objectives from attack. “(2) Each foreign person that the President determines, on or after the date of the enactment of this Act—“(A) is a member of Hamas or is knowingly acting on behalf of Hamas; and “(B) knowingly orders, controls, or otherwise directs the use of civilians protected as such by the law of war to shield military objectives from attack. “(3) Each foreign person that the President determines, on or after the date of the enactment of the Strengthening Tools to Counter the Use of Human Shields Act—“(A) is a member of Palestine Islamic Jihad or is knowingly acting on behalf of Palestine Islamic Jihad; and “(B) knowingly orders, controls, or otherwise directs the use of civilians protected as such by the law of war to shield military objectives from attack. “(4) Each foreign person or agency or instrumentality of a foreign state that the President determines, on or after the date of the enactment of this Act, knowingly and materially supports, orders, controls, directs, or otherwise engages in—“(A) any act described in subparagraph (B) of paragraph (1) by a person described in that paragraph; or “(B) any act described in subparagraph (B) of paragraph (2) by a person described in that paragraph. “(c) Permissive Sanctions List.—Not later than one year after the date of the enactment of this Act [Dec. 21, 2018], and annually thereafter, the President should submit to the appropriate congressional committees a list of each foreign person that the President determines, on or after the date of the enactment of this Act, knowingly orders, controls, or otherwise directs the use of civilians protected as such by the law of war to shield military objectives from attack, excluding foreign persons included in the most recent list under subsection (b). “(d) Sanctions Described.—The sanctions to be imposed on a foreign person or an agency or instrumentality of a foreign state under this subsection are the following:“(1) Blocking of property.—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 or agency or instrumentality of a foreign state if such property or 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) Aliens ineligible for visas, admission, or parole.—“(A) Visas, admission, or parole.—An alien who the Secretary of State or the Secretary of Homeland Security determines is subject to sanctions under 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.). “(B) Current visas revoked.—Any visa or other documentation issued to an alien who is subject to sanctions under subsection (a), regardless of when such visa or other documentation was issued, shall be revoked and such alien shall be denied admission to the United States. “(C) Exception to comply with united nations headquarters agreement and other international obligations.—The sanctions under this paragraph shall not be imposed on an individual if admitting such individual to 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 with other applicable international obligations. “(e) Congressional Requests.—Not later than 120 days after receiving a request from the chairman and ranking member of one of the appropriate congressional committees with respect to whether a foreign person meets the criteria of a person described in subsection (b) or (c), the President shall—“(1) determine if the person meets such criteria; and “(2) submit a written justification to the chairman and ranking member detailing whether or not the President imposed or intends to impose sanctions described in subsection (b) or (c) with respect to such person. “(f) 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 knowingly violates, attempts to violate, conspires to violate, or causes a violation of regulations prescribed to carry out this section to the same extent that such penalties apply to a person that knowingly commits an unlawful act described in section 206(a) of such Act. “(g) Procedures for Judicial Review of Classified Information.—“(1) In general.—If a finding under this section, 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 this section or any prohibition, condition, or penalty imposed as a result of any such finding. “(h) Waiver.—The President may waive the application of sanctions under this section if the President determines and reports to the appropriate congressional committees that such waiver is in the national security interest of the United States. “(i) Regulatory Authority.—“(1) In general.—The President may exercise all authorities under sections 203 and 205 of the International Emergency Economic Powers Act (50 U.S.C. 1702 and 1704) for purposes of carrying out this section. “(2) Issuance of regulations.—Not later than 180 days after the date of the enactment of this Act [Dec. 21, 2018], the President shall prescribe such regulations as may be necessary to implement this section. “(j) Rule of Construction.—Nothing in this section may be construed—“(1) to limit the authorities of the President pursuant to the International Emergency Economic Powers Act (50 U.S.C. 1701 et seq.) or any other relevant provision of law; or “(2) to apply with respect to any activity subject to the reporting requirements under title V of the National Security Act of 1947 (50 U.S.C. 3091 et seq.), or to any authorized intelligence activities of the United States. “SEC. 4. DEFINITIONS.“In this Act:“(1) Admitted; alien.—The terms ‘admitted’ and ‘alien’ have the meanings given those terms in section 101 of the Immigration and Nationality Act (8 U.S.C. 1101). “(2) Agency or instrumentality of a foreign state.—The term ‘agency or instrumentality of a foreign state’ has the meaning given that term in section 1603(b) of title 28, United States Code. “(3) Appropriate congressional committees.—In this section, the term ‘appropriate congressional committees’ means—“(A) the Committee on Banking, Housing, and Urban Affairs, the Committee on Foreign Relations, and the Committee on the Judiciary of the Senate; and “(B) the Committee on Financial Services, the Committee on Foreign Affairs, and the Committee on the Judiciary of the House of Representatives. “(4) Foreign person.—The term ‘foreign person’ means—“(A) any citizen or national of a foreign state, wherever located; or “(B) any entity not organized solely under the laws of the United States or existing solely in the United States. “(5) Hamas.—The term ‘Hamas’ means—“(A) the entity known as Hamas and designated by the Secretary of State as a foreign terrorist organization pursuant to section 219 of the Immigration and Nationality Act (8 U.S.C. 1189); or “(B) any person identified as an agent or instrumentality of Hamas on the list of specially designated nationals and blocked persons maintained by the Office of Foreign Asset Control of the Department of the Treasury, the property or interests in property of which are blocked pursuant to the International Emergency Economic Powers Act (50 U.S.C. 1701 et seq.). “(6) Hizballah.—The term ‘Hizballah’ means—“(A) the entity known as Hizballah and designated by the Secretary of State as a foreign terrorist organization pursuant to section 219 of the Immigration and Nationality Act (8 U.S.C. 1189); or “(B) any person identified as an agent or instrumentality of Hizballah on the list of specially designated nationals and blocked persons maintained by the Office of Foreign Asset Control of the Department of the Treasury, the property or interests in property of which are blocked pursuant to the International Emergency Economic Powers Act (50 U.S.C. 1701 et seq.). “(7) Palestine islamic jihad.—The term ‘Palestine Islamic Jihad’ means—“(A) the entity known as Palestine Islamic Jihad and designated by the Secretary of State as a foreign terrorist organization pursuant to section 219 of the Immigration and Nationality Act (8 U.S.C. 1189); or “(B) any person identified as an agent or instrumentality of Palestine Islamic Jihad on the list of specially designated nationals and blocked persons maintained by the Office of Foreign Asset Control of the Department of the Treasury, the property or interests in property of which are blocked pursuant to the International Emergency Economic Powers Act (50 U.S.C. 1701 et seq.). “(8) United states person.—The term ‘United States person’ means any United States citizen, permanent resident alien, entity organized under the laws of the United States (including foreign branches), or any person in the United States. “SEC. 5. SUNSET.“This Act shall cease to be effective on December 31, 2030. “SEC. 6. SEVERABILITY.“If any provision of this Act, or the application of such provision to any person or circumstance, is found to be unconstitutional, the remainder of this Act, or the application of that provision to other persons or circumstances, shall not be affected.”

[Memorandum of President of the United States, May 24, 2019, 84 F.R. 27697, delegated to the Secretary of State the functions and authorities vested in the President by section 3(g) of Pub. L. 115–348, set out above, and delegated to the Secretary of the Treasury, in consultation with the Secretary of State, the functions and authorities vested in the President by section 3(a), (b), (c), (d)(1), and (h) of Pub. L. 115–348, and any future Act that is the same or substantially the same as such provisions.]

Nicaragua Investment Conditionality

Pub. L. 117–54, §§ 5, 6, 14, Nov. 10, 2021, 135 Stat. 416, 417, 422, provided that: “SEC. 5. TARGETED SANCTIONS TO ADVANCE DEMOCRATIC ELECTIONS.“(a) Coordinated Strategy.—“(1) In general.—The Secretary of State and the Secretary of the Treasury, in consultation with the intelligence community (as defined in section 3 of the National Security Act of 1947 (50 U.S.C. 3003)), shall develop and implement a coordinated strategy to align diplomatic engagement efforts with the implementation of targeted sanctions in order to support efforts to facilitate the necessary conditions for free, fair, and transparent elections in Nicaragua. “(2) Briefing required.—Not later than 90 days after the date of the enactment of this Act [Nov. 10, 2021], and every 90 days thereafter until December 31, 2022, the Secretary of State and the Secretary of the Treasury shall brief the Committee on Foreign Relations of the Senate and the Committee on Foreign Affairs of the House of Representatives on steps to be taken by the United States Government to develop and implement the coordinated strategy required by paragraph (1). “(b) Targeted Sanctions Prioritization.—“(1) In general.—Pursuant to the coordinated strategy required by subsection (a), the President shall prioritize the implementation of the targeted sanctions required under section 5 of the Nicaragua Investment Conditionality Act of 2018 [Pub. L. 115–335, set out below]. “(2) Targets.—In carrying out paragraph (1), the President—“(A) shall examine whether foreign persons involved in directly or indirectly obstructing the establishment of conditions necessary for the realization of free, fair, and transparent elections in Nicaragua are subject to sanctions under section 5 of the Nicaragua Investment Conditionality Act of 2018; and “(B) should, in particular, examine whether the following persons have engaged in conduct subject to such sanctions:“(i) Officials in the government of President Daniel Ortega. “(ii) Family members of President Daniel Ortega. “(iii) High-ranking members of the National Nicaraguan Police. “(iv) High-ranking members of the Nicaraguan Armed Forces. “(v) Members of the Supreme Electoral Council of Nicaragua. “(vi) Officials of the Central Bank of Nicaragua. “(vii) Party members and elected officials from the Sandinista National Liberation Front and their family members. “(viii) Individuals or entities affiliated with businesses engaged in corrupt financial transactions with officials in the government of President Daniel Ortega, his party, or his family. “(ix) Individuals identified in the report required by section 8 [135 Stat. 418] as involved in significant acts of public corruption in Nicaragua. “SEC. 6. DEVELOPING AND IMPLEMENTING A COORDINATED SANCTIONS STRATEGY WITH DIPLOMATIC PARTNERS.“(a) Findings.—Congress makes the following findings:“(1) On June 21, 2019, the Government of Canada, pursuant to its Special Economic Measures Act, designated 9 officials of the Government of Nicaragua for the imposition of sanctions in response to gross and systematic human rights violations in Nicaragua. “(2) On May 4, 2020, the European Union imposed sanctions with respect to 6 officials of the Government of Nicaragua identified as responsible for serious human rights violations and for the repression of civil society and democratic opposition in Nicaragua. “(3) On October 12, 2020, the European Union extended its authority to impose restrictive measures on ‘persons and entities responsible for serious human rights violations or abuses or for the repression of civil society and democratic opposition in Nicaragua, as well as persons and entities whose actions, policies or activities otherwise undermine democracy and the rule of law in Nicaragua, and persons associated with them’. “(b) Sense of Congress.—It is the sense of Congress that the United States should encourage the Government of Canada, the European Union and governments of members [sic] countries of the European Union, and governments of countries in Latin America and the Caribbean to use targeted sanctions with respect to persons involved in human rights violations and the obstruction of free, fair, and transparent elections in Nicaragua. “(c) Coordinating International Sanctions.—The Secretary of State, working through the head of the Office of Sanctions Coordination established by section 1(h) [now section 1(l)] of the State Department Basic Authorities Act of 1956 (22 U.S.C. 2651a(h) [now 22 U.S.C. 2651a(l)]), and in consultation with the Secretary of the Treasury, shall engage in diplomatic efforts with governments of countries that are partners of the United States, including the Government of Canada, governments of countries in the European Union, and governments of countries in Latin America and the Caribbean, to impose targeted sanctions with respect to the persons described in section 5(b) in order to advance democratic elections in Nicaragua. “(d) Briefing Requirement.—Not later than 90 days after the date of the enactment of this Act [Nov. 10, 2021], and every 90 days thereafter until December 31, 2022, the Secretary of State, in consultation with the Secretary of the Treasury, shall brief the Committee on Foreign Relations of the Senate and the Committee on Foreign Affairs of the House of Representatives on the implementation of this section. “SEC. 14. DEFINITION.“In this Act [see Short Title of 2021 Amendment note set out above], the term ‘Nicaragua Investment Conditionality Act of 2018’ means the Public Law 115–335 (50 U.S.C. 1701 note), as amended by section 13.”

Pub. L. 115–335, Dec. 20, 2018, 132 Stat. 5019, as amended by Pub. L. 117–54, §§ 4, 13, Nov. 10, 2021, 135 Stat. 415, 421, provided that: “SECTION 1. SHORT TITLE; TABLE OF CONTENTS.“(a) Short Title.—This Act may be cited as the ‘Nicaragua Investment Conditionality Act of 2018’ or the ‘NICA Act’. “(b) Table of Contents.— [Omitted.] “SEC. 2. SENSE OF CONGRESS ON ADVANCING A NEGOTIATED SOLUTION TO NICARAGUA’S CRISIS.“It is the sense of Congress that—“(1) credible negotiations between the Government of Nicaragua and representatives of Nicaragua’s civil society, student movement, private sector, and political opposition, mediated by the Catholic Church in Nicaragua, represent the best opportunity to reach a peaceful solution to the current political crisis that includes—“(A) a commitment to hold early elections that meet democratic standards and permit credible international electoral observation; “(B) the cessation of the violence perpetrated against civilians by the National Police of Nicaragua and by armed groups supported by the Government of Nicaragua; and “(C) independent investigations into the killings of protesters; and “(2) negotiations between the Government of Nicaragua and representatives of Nicaragua’s civil society, student movement, private sector, and political opposition, mediated by the Catholic Church in Nicaragua, have not resulted in an agreement as of the date of the enactment of this Act [Dec. 20, 2018] because the Government of Nicaragua has failed to credibly participate in the process. “SEC. 3. STATEMENT OF POLICY.“It is the policy of the United States to support—“(1) the rule of law and an independent judiciary and electoral council in Nicaragua; “(2) democratic governance in Nicaragua; “(3) free and fair elections overseen by credible domestic and international observers in Nicaragua; and “(4) anti-corruption and transparency efforts in Nicaragua. “SEC. 4. RESTRICTIONS ON INTERNATIONAL FINANCIAL INSTITUTIONS RELATING TO NICARAGUA.“(a) Sense of Congress.—It is the sense of Congress that the Secretary of the Treasury should take all possible steps, including through the full implementation of the exceptions set forth in subsection (c), to ensure that the restrictions required under subsection (b) do not negatively impact the basic human needs of the people of Nicaragua. “(b) Restrictions.—The Secretary of the Treasury shall—“(1) instruct the United States Executive Director at each international financial institution of the World Bank Group to use the voice, vote, and influence of the United States to oppose the extension by the International Finance Corporation of any loan or financial or technical assistance to the Government of Nicaragua for a project in Nicaragua; “(2) instruct the United States Executive Director of the Inter-American Development Bank to use the voice, vote, and influence of the United States to oppose the extension by the Bank of any loan or financial or technical assistance to the Government of Nicaragua for a project in Nicaragua; and “(3) instruct the United States Executive Director of each other international financial institution, including the International Monetary Fund, to work with other key donor countries to develop a coherent policy approach to future engagements with and lending to the Government of Nicaragua, in a manner that will advance human rights, including the full restoration of the rights guaranteed to the people of Nicaragua through the commitments made by the Government of Nicaragua as a signatory of the International Covenant on Civil and Political Rights. “(c) Exceptions for Basic Human Needs and Democracy Promotion.—The restrictions under paragraphs (1) and (2) of subsection (b) shall not apply with respect to any loan or financial or technical assistance provided to address basic human needs or to promote democracy in Nicaragua. “(d) Increased Oversight.—“(1) In general.—The United States Executive Director at each international financial institution of the World Bank Group, the United States Executive Director at the Inter-American Development Bank, and the United States Executive Director at each other international financial institution, including the International Monetary Fund, shall take all practicable steps—“(A) to increase scrutiny of any loan or financial or technical assistance provided for a project in Nicaragua; and “(B) to ensure that the loan or assistance is administered through an entity with full technical, administrative, and financial independence from the Government of Nicaragua. “(2) Mechanisms for increased scrutiny.—The United States Executive Director at each international financial institution described in paragraph (1) shall use the voice, vote, and influence of the United States to encourage that institution to increase oversight mechanisms for new and existing loans or financial or technical assistance provided for a project in Nicaragua. “(e) Interagency Consultation.—Before implementing the restrictions described in subsection (b), or before exercising an exception under subsection (c), the Secretary of the Treasury shall consult with the Secretary of State and with the Administrator of the United States Agency for International Development to ensure that all loans and financial or technical assistance to Nicaragua are consistent with United States foreign policy objectives as defined in section 3. “(f) Report.—Not later than 180 days after the date of the enactment of the RENACER Act [Nov. 10, 2021], and annually thereafter until the termination date specified in section 10, the Secretary of the Treasury, in coordination with the Secretary of State and the Administrator of the United States Agency for International Development, shall submit to the appropriate congressional committees a report on the implementation of this section, which shall include—“(1) summary of any loans and financial and technical assistance provided by international financial institutions for projects in Nicaragua; “(2) a description of the implementation of the restrictions described in subsection (b); “(3) an identification of the occasions in which the exceptions under subsection (c) are exercised and an assessment of how the loan or assistance provided with each such exception may address basic human needs or promote democracy in Nicaragua; “(4) a description of the results of the increased oversight conducted under subsection (d); and “(5) a description of international efforts to address the humanitarian needs of the people of Nicaragua. “SEC. 5. IMPOSITION OF TARGETED SANCTIONS WITH RESPECT TO NICARAGUA.“(a) In General.—The President shall impose the sanctions described in subsection (c) with respect to any foreign person, including any current or former official of the Government of Nicaragua or any person acting on behalf of that Government, that the President determines—“(1) to be responsible for or complicit in, or responsible for ordering, controlling, or otherwise directing, or to have knowingly participated in, directly or indirectly, any activity described in subsection (b); “(2) to be a leader of—“(A) an entity that has, or whose members have, engaged in any activity described in subsection (b); or “(B) an entity whose property and interests in property are blocked under subsection (c)(1)(A) as a result of activities related to the tenure of the leader; “(3) to have knowingly materially assisted, sponsored, or provided financial, material, or technological support for, or goods or services in support of—“(A) an activity described in subsection (b); or “(B) a person whose property and interests in property are blocked under subsection (c)(1)(A); or “(4) to be owned or controlled by, or to have knowingly acted or purported to act for or on behalf of, directly or indirectly, any person whose property and interests in property are blocked under subsection (c)(1)(A). “(b) Activities Described.—An activity described in this subsection is any of the following in or in relation to Nicaragua on or after April 18, 2018:“(1) Significant acts of violence or conduct that constitutes a serious abuse or violation of human rights against persons associated with the protests in Nicaragua that began on April 18, 2018. “(2) Significant actions or policies that undermine democratic processes or institutions. “(3) Acts of significant corruption by or on behalf of the Government of Nicaragua or a current or former official of the Government of Nicaragua, including—“(A) the expropriation of private or public assets for personal gain or political purposes; “(B) corruption related to government contracts; “(C) bribery; or “(D) the facilitation or transfer of the proceeds of corruption. “(4) The arrest or prosecution of a person, including an individual or media outlet disseminating information to the public, primarily because of the legitimate exercise by such person of the freedom of speech, assembly, or the press. “(c) Sanctions Described.—“(1) In general.—The sanctions described in this subsection are the following:“(A) Asset blocking.—The exercise of 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 person determined by the President to be subject to subsection (a) 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. “(B) Exclusion from the united states and revocation of visa or other documentation.—In the case of an alien determined by the President to be subject to subsection (a), denial of a visa to, and exclusion from the United States of, the alien, and revocation in accordance with section 221(i) of the Immigration and Nationality Act (8 U.S.C. 1201(i)), of any visa or other documentation of the alien. “(2) Penalties.—A person that violates, attempts to violate, conspires to violate, or causes a violation of a measure imposed pursuant to paragraph (1)(A) or any regulation, license, or order issued to carry out paragraph (1)(A) 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. “(3) Exception relating to importation of goods.—The requirement to block and prohibit all transactions in all property and interests in property under paragraph (1)(A) shall not include the authority to impose sanctions on the importation of goods. “(4) Exception to comply with united nations headquarters agreement.—Sanctions under paragraph (1)(B) shall not apply to an alien if admitting 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. “(d) Implementation; Regulatory Authority.—“(1) 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 this section. “(2) Regulatory authority.—The President shall issue such regulations, licenses, and orders as are necessary to carry out this section. “SEC. 6. ANNUAL CERTIFICATION AND WAIVER.“(a) Certification.—Not later than 180 days after the date of the enactment of this Act [Dec. 20, 2018], and annually thereafter, the Secretary of State shall submit to the appropriate congressional committees a report certifying whether the Government of Nicaragua is taking effective steps—“(1) to strengthen the rule of law and democratic governance, including the independence of the judicial system and electoral council; “(2) to combat corruption, including by investigating and prosecuting cases of public corruption; “(3) to protect civil and political rights, including the rights of freedom of the press, speech, and association, for all people of Nicaragua, including political opposition parties, journalists, trade unionists, human rights defenders, indigenous peoples, and other civil society activists; “(4) to investigate and hold accountable officials of the Government of Nicaragua and other persons responsible for the killings of individuals associated with the protests in Nicaragua that began on April 18, 2018; and “(5) to hold free and fair elections overseen by credible domestic and international observers[.] “(b) Waiver.—“(1) Temporary general waiver.—If the Secretary certifies to the appropriate congressional committees under subsection (a) that the Government of Nicaragua is taking effective steps as described in that subsection, the President may waive the application of the restrictions under section 4 and sanctions under section 5 for a period of not more than one year beginning on the date of the certification. “(2) National interest waiver.—The President may waive the application of the restrictions under section 4 and sanctions under section 5 if the President—“(A) determines that such a waiver is in the national interest of the United States; and “(B) submits to the appropriate congressional committees a notice of and justification for the waiver. “(3) Sense of congress.—It is the sense of Congress that the President should exercise the waiver authority provided under paragraph (1) if the Secretary of State certifies under subsection (a) that the Government of Nicaragua is taking effective steps as described in that subsection. “(c) Consultation.—In preparing a certification required by subsection (a), the Secretary shall consult with the appropriate congressional committees. “(d) Annual Briefing.—The Secretary shall annually brief the appropriate congressional committees on whether the Government of Nicaragua is taking effective steps as described in subsection (a). “SEC. 7. REPORT ON HUMAN RIGHTS VIOLATIONS AND CORRUPTION IN NICARAGUA.“(a) In General.—Not later than 180 days after the date of the enactment of this Act, the Secretary of State, acting through the Assistant Secretary of State for Intelligence and Research, and in coordination with the Secretary of the Treasury and the Director of National Intelligence, shall submit to the appropriate congressional committees a report on—“(1) the involvement of senior officials of the Government of Nicaragua, including members of the Supreme Electoral Council, the National Assembly, and the judicial system, in human rights violations, acts of significant corruption, and money laundering; and “(2) persons that transfer, or facilitate the transfer of, goods or technologies for use in or with respect to Nicaragua, that are used by the Government of Nicaragua to commit serious human rights violations against the people of Nicaragua. “(b) Form.—The report required by subsection (a) may be classified. “SEC. 8. CIVIL SOCIETY ENGAGEMENT STRATEGY.“Not later than 90 days after the date of the enactment of this Act, the Secretary of State shall brief the appropriate congressional committees on a strategy—“(1) for engaging relevant elements of civil society in Nicaragua, including independent media, human rights, and anti-corruption organizations, to strengthen rule of law and increase accountability for human rights abuses and corruption in Nicaragua; and “(2) setting forth measures to support the protection of human rights and anti-corruption advocates in Nicaragua. “SEC. 9. REFORM OF WESTERN HEMISPHERE DRUG POLICY COMMISSION. [Amended section 603(f)(1) of Pub. L. 114–323, which is not classified to the Code.] “SEC. 10. TERMINATION.“The provisions of this Act (other than section 9) shall terminate on December 31, 2023. “SEC. 11. DEFINITIONS.“In this Act:“(1) Appropriate congressional committees.—The term ‘appropriate congressional committees’ means—“(A) the Committee on Foreign Relations, the Committee on Banking, Housing, and Urban Affairs, and the Committee on Appropriations of the Senate; and “(B) the Committee on Foreign Affairs, the Committee on Financial Services, and the Committee on Appropriations of the House of Representatives. “(2) Good.—The term ‘good’ means any article, natural or manmade substance, material, supply or manufactured product, including inspection and test equipment, and excluding technical data. “(3) Person.—The term ‘person’ means an individual or entity. “(4) United states person.—The term ‘United States person’ means any United States citizen, permanent resident alien, entity organized under the laws of the United States or any jurisdiction within the United States (including a foreign branch of such an entity), or any person in the United States.”

[Memorandum of President of the United States, May 24, 2019, 84 F.R. 27695, delegated to the Secretary of the Treasury, in consultation with the Secretary of State, the functions and authorities vested in the President by section 5(a) of Pub. L. 115–335, set out above, with respect to making a determination under the standards set forth in sections 5(a)(1)–(4); to the Secretary of the Treasury the functions and authorities vested in the President by section 5(a), with respect to the imposition of the sanctions in section 5(c)(1)(A) following a determination by the Secretary of the Treasury under section 5(a); to the Secretary of the Treasury, in consultation with the Secretary of State, the functions and authorities vested in the President by section 5(d); to the Secretary of State the functions and authorities vested in the President by section 5(a), with respect to the imposition of the sanctions in section 5(c)(1)(B) following a determination by the Secretary of the Treasury under section 5(a); and to the Secretary of State, in consultation with the Secretary of the Treasury, the functions and authorities vested in the President by section 6(b). A reference to a provision of Pub. L. 115–335 so delegated is deemed to refer to a provision of any future Act that is the same or substantially the same.]

Policy Regarding Imposition of Sanctions With Respect to Affiliated Networks of Hizballah for Transnational Criminal Activities

Pub. L. 115–272, title II, § 201(a), Oct. 25, 2018, 132 Stat. 4150, provided that: “It is the policy of the United States to determine if individuals and entities that are designated by the United States Government on or after the date of the enactment of this Act [Oct. 25, 2018] as being associated with Hizballah are engaged in transnational organized crime or related activities on or after such date of enactment.”

Hizballah International Financing Prevention