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

Pub. L. 108–61, July 28, 2003, 117 Stat. 864, as amended by Pub. L. 109–251, § 1, Aug. 1, 2006, 120 Stat. 654; Pub. L. 110–286, §§ 6(a)–(b)(2), (c), 9(b), July 29, 2008, 122 Stat. 2638, 2642–2644; Pub. L. 111–42, title I, § 101, July 28, 2009, 123 Stat. 1963; Pub. L. 112–163, § 3(a), Aug. 10, 2012, 126 Stat. 1277, provided that: “SECTION 1. SHORT TITLE.“This Act may be cited as the ‘Burmese Freedom and Democracy Act of 2003’. “SEC. 2. FINDINGS.“Congress makes the following findings:“(1) The State Peace and Development Council (SPDC) has failed to transfer power to the National League for Democracy (NLD) whose parliamentarians won an overwhelming victory in the 1990 elections in Burma. “(2) The SPDC has failed to enter into meaningful, political dialogue with the NLD and ethnic minorities and has dismissed the efforts of United Nations Special Envoy Razali bin Ismail to further such dialogue. “(3) According to the State Department’s ‘Report to the Congress Regarding Conditions in Burma and U.S. Policy Toward Burma’ dated March 28, 2003, the SPDC has become ‘more confrontational’ in its exchanges with the NLD. “(4) On May 30, 2003, the SPDC, threatened by continued support for the NLD throughout Burma, brutally attacked NLD supporters, killed and injured scores of civilians, and arrested democracy advocate Aung San Suu Kyi and other activists. “(5) The SPDC continues egregious human rights violations against Burmese citizens, uses rape as a weapon of intimidation and torture against women, and forcibly conscripts child-soldiers for the use in fighting indigenous ethnic groups. “(6) The SPDC is engaged in ethnic cleansing against minorities within Burma, including the Karen, Karenni, and Shan people, which constitutes a crime against humanity and has directly led to more than 600,000 internally displaced people living within Burma and more than 130,000 people from Burma living in refugee camps along the Thai-Burma border. “(7) The ethnic cleansing campaign of the SPDC is in sharp contrast to the traditional peaceful coexistence in Burma of Buddhists, Muslims, Christians, and people of traditional beliefs. “(8) The SPDC has demonstrably failed to cooperate with the United States in stopping the flood of heroin and methamphetamines being grown, refined, manufactured, and transported in areas under the control of the SPDC serving to flood the region and much of the world with these illicit drugs. “(9) The SPDC provides safety, security, and engages in business dealings with narcotics traffickers under indictment by United States authorities, and other producers and traffickers of narcotics. “(10) The International Labor Organization (ILO), for the first time in its 82-year history, adopted in 2000, a resolution recommending that governments, employers, and workers organizations take appropriate measures to ensure that their relations with the SPDC do not abet the government-sponsored system of forced, compulsory, or slave labor in Burma, and that other international bodies reconsider any cooperation they may be engaged in with Burma and, if appropriate, cease as soon as possible any activity that could abet the practice of forced, compulsory, or slave labor. “(11) The SPDC has integrated the Burmese military and its surrogates into all facets of the economy effectively destroying any free enterprise system. “(12) Investment in Burmese companies and purchases from them serve to provide the SPDC with currency that is used to finance its instruments of terror and repression against the Burmese people. “(13) On April 15, 2003, the American Apparel and Footwear Association expressed its ‘strong support for a full and immediate ban on U.S. textiles, apparel and footwear imports from Burma’ and called upon the United States Government to ‘impose an outright ban on U.S. imports’ of these items until Burma demonstrates respect for basic human and labor rights of its citizens. “(14) The policy of the United States, as articulated by the President on April 24, 2003, is to officially recognize the NLD as the legitimate representative of the Burmese people as determined by the 1990 election. “(15) The United States must work closely with other nations, including Thailand, a close ally of the United States, to highlight attention to the SPDC’s systematic abuses of human rights in Burma, to ensure that nongovernmental organizations promoting human rights and political freedom in Burma are allowed to operate freely and without harassment, and to craft a multilateral sanctions regime against Burma in order to pressure the SPDC to meet the conditions identified in section 3(a)(3) of this Act. “SEC. 3. BAN AGAINST TRADE THAT SUPPORTS THE MILITARY REGIME OF BURMA.“(a) General Ban.—“(1) In general.—Notwithstanding any other provision of law, until such time as the President determines and certifies to Congress that Burma has met the conditions described in paragraph (3), beginning 30 days after the date of the enactment of this Act [July 28, 2003], the President shall ban the importation of any article that is a product of Burma. “(2) Ban on imports from certain companies.—The import restrictions contained in paragraph (1) shall apply to, among other entities—“(A) the SPDC, any ministry of the SPDC, a member of the SPDC or an immediate family member of such member; “(B) known narcotics traffickers from Burma or an immediate family member of such narcotics trafficker; “(C) the Union of Myanmar Economics Holdings Incorporated (UMEHI) or any company in which the UMEHI has a fiduciary interest; “(D) the Myanmar Economic Corporation (MEC) or any company in which the MEC has a fiduciary interest; “(E) the Union Solidarity and Development Association (USDA); and “(F) any successor entity for the SPDC, UMEHI, MEC, or USDA. “(3) Conditions described.—The conditions described in this paragraph are the following:“(A) The SPDC has made substantial and measurable progress to end violations of internationally recognized human rights including rape, and the Secretary of State, after consultation with the ILO Secretary General and relevant nongovernmental organizations, reports to the appropriate congressional committees that the SPDC no longer systematically violates workers rights, including the use of forced and child labor, and conscription of child-soldiers. “(B) The SPDC has made measurable and substantial progress toward implementing a democratic government including—“(i) releasing all political prisoners; “(ii) allowing freedom of speech and the press; “(iii) allowing freedom of association; “(iv) permitting the peaceful exercise of religion; and “(v) bringing to a conclusion an agreement between the SPDC and the democratic forces led by the NLD and Burma’s ethnic nationalities on the transfer of power to a civilian government accountable to the Burmese people through democratic elections under the rule of law. “(C) Pursuant to section 706(2) of the Foreign Relations Authorization Act, Fiscal Year 2003 (Public Law 107–228) [22 U.S.C. 2291j–1(2)], Burma has not been designated as a country that has failed demonstrably to make substantial efforts to adhere to its obligations under international counternarcotics agreements and to take other effective counternarcotics measures, including, but not limited to (i) the arrest and extradition of all individuals under indictment in the United States for narcotics trafficking, (ii) concrete and measurable actions to stem the flow of illicit drug money into Burma’s banking system and economic enterprises, and (iii) actions to stop the manufacture and export of methamphetamines. “(4) Appropriate congressional committees.—In this subsection, the term ‘appropriate congressional committees’ means the Committees on Foreign Relations and Appropriations of the Senate and the Committees on International Relations [now Foreign Affairs] and Appropriations of the House of Representatives. “(b) Waiver Authorities.—The President may waive the restrictions described in this section or section 3A(b)(1) or (c)(1) for any or all articles that are subject to such restrictions if the President determines and notifies the Committees on Appropriations, Finance, and Foreign Relations of the Senate and the Committees on Appropriations, International Relations [now Foreign Affairs], and Ways and Means of the House of Representatives that to do so is in the national interest of the United States. “SEC. 3A. PROHIBITION ON IMPORTATION OF JADEITE AND RUBIES FROM BURMA AND ARTICLES OF JEWELRY CONTAINING JADEITE OR RUBIES FROM BURMA.“(a) Definitions.—In this section:“(1) Appropriate congressional committees.—The term ‘appropriate congressional committees’ means—“(A) the Committee on Ways and Means and the Committee on Foreign Affairs of the House of Representatives; and “(B) the Committee on Finance and the Committee on Foreign Relations of the Senate. “(2) Burmese covered article.—The term ‘Burmese covered article’ means—“(A) jadeite mined or extracted from Burma; “(B) rubies mined or extracted from Burma; or “(C) articles of jewelry containing jadeite described in subparagraph (A) or rubies described in subparagraph (B). “(3) Non-burmese covered article.—The term ‘non-Burmese covered article’ means—“(A) jadeite mined or extracted from a country other than Burma; “(B) rubies mined or extracted from a country other than Burma; or “(C) articles of jewelry containing jadeite described in subparagraph (A) or rubies described in subparagraph (B). “(4) Jadeite; rubies; articles of jewelry containing jadeite or rubies.—“(A) Jadeite.—The term ‘jadeite’ means any jadeite classifiable under heading 7103 of the Harmonized Tariff Schedule of the United States (in this paragraph referred to as the ‘HTS’) [see Publication of Harmonized Tariff Schedule note set out under section 1202 of Title 19, Customs Duties]. “(B) Rubies.—The term ‘rubies’ means any rubies classifiable under heading 7103 of the HTS. “(C) Articles of jewelry containing jadeite or rubies.—The term ‘articles of jewelry containing jadeite or rubies’ means—“(i) any article of jewelry classifiable under heading 7113 of the HTS that contains jadeite or rubies; or “(ii) any article of jadeite or rubies classifiable under heading 7116 of the HTS. “(5) United states.—The term ‘United States’, when used in the geographic sense, means the several States, the District of Columbia, and any commonwealth, territory, or possession of the United States. “(b) Prohibition on Importation of Burmese Covered Articles.—“(1) In general.—Notwithstanding any other provision of law, until such time as the President determines and certifies to the appropriate congressional committees that Burma has met the conditions described in section 3(a)(3), beginning 60 days after the date of the enactment of the Tom Lantos Block Burmese JADE (Junta’s Anti-Democratic Efforts) Act of 2008 [July 29, 2008], the President shall prohibit the importation into the United States of any Burmese covered article. “(2) Regulatory authority.—The President is authorized to, and shall as necessary, issue such proclamations, regulations, licenses, and orders, and conduct such investigations, as may be necessary to implement the prohibition under paragraph (1). “(3) Other actions.—Beginning on the date of the enactment of this Act [July 28, 2003], the President shall take all appropriate actions to seek the following:“(A) The issuance of a draft waiver decision by the Council for Trade in Goods of the World Trade Organization granting a waiver of the applicable obligations of the United States under the World Trade Organization with respect to the provisions of this section and any measures taken to implement this section. “(B) The adoption of a resolution by the United Nations General Assembly expressing the need to address trade in Burmese covered articles and calling for the creation and implementation of a workable certification scheme for non-Burmese covered articles to prevent the trade in Burmese covered articles. “(c) Requirements for Importation of Non-Burmese Covered Articles.—“(1) In general.—Except as provided in paragraph (2), until such time as the President determines and certifies to the appropriate congressional committees that Burma has met the conditions described in section 3(a)(3), beginning 60 days after the date of the enactment of the Tom Lantos Block Burmese JADE (Junta’s Anti-Democratic Efforts) Act of 2008 [July 29, 2008], the President shall require as a condition for the importation into the United States of any non-Burmese covered article that—“(A) the exporter of the non-Burmese covered article has implemented measures that have substantially the same effect and achieve the same goals as the measures described in clauses (i) through (iv) of paragraph (2)(B) (or their functional equivalent) to prevent the trade in Burmese covered articles; and “(B) the importer of the non-Burmese covered article agrees—“(i) to maintain a full record of, in the form of reports or otherwise, complete information relating to any act or transaction related to the purchase, manufacture, or shipment of the non-Burmese covered article for a period of not less than 5 years from the date of entry of the non-Burmese covered article; and “(ii) to provide the information described in clause (i) within the custody or control of such person to the relevant United States authorities upon request. “(2) Exception.—“(A) In general.—The President may waive the requirements of paragraph (1) with respect to the importation of non-Burmese covered articles from any country with respect to which the President determines and certifies to the appropriate congressional committees has implemented the measures described in subparagraph (B) (or their functional equivalent) to prevent the trade in Burmese covered articles. “(B) Measures described.—The measures referred to in subparagraph (A) are the following:“(i) With respect to exportation from the country of jadeite or rubies in rough form, a system of verifiable controls on the jadeite or rubies from mine to exportation demonstrating that the jadeite or rubies were not mined or extracted from Burma, and accompanied by officially-validated documentation certifying the country from which the jadeite or rubies were mined or extracted, total carat weight, and value of the jadeite or rubies. “(ii) With respect to exportation from the country of finished jadeite or polished rubies, a system of verifiable controls on the jadeite or rubies from mine to the place of final finishing of the jadeite or rubies demonstrating that the jadeite or rubies were not mined or extracted from Burma, and accompanied by officially-validated documentation certifying the country from which the jadeite or rubies were mined or extracted. “(iii) With respect to exportation from the country of articles of jewelry containing jadeite or rubies, a system of verifiable controls on the jadeite or rubies from mine to the place of final finishing of the article of jewelry containing jadeite or rubies demonstrating that the jadeite or rubies were not mined or extracted from Burma, and accompanied by officially-validated documentation certifying the country from which the jadeite or rubies were mined or extracted. “(iv) Verifiable recordkeeping by all entities and individuals engaged in mining, importation, and exportation of non-Burmese covered articles in the country, and subject to inspection and verification by authorized authorities of the government of the country in accordance with applicable law. “(v) Implementation by the government of the country of proportionate and dissuasive penalties against any persons who violate laws and regulations designed to prevent trade in Burmese covered articles. “(vi) Full cooperation by the country with the United Nations or other official international organizations that seek to prevent trade in Burmese covered articles. “(3) Regulatory authority.—The President is authorized to, and shall as necessary, issue such proclamations, regulations, licenses, and orders and conduct such investigations, as may be necessary to implement the provisions under paragraphs (1) and (2). “(d) Inapplicability.—“(1) In general.—The requirements of subsection (b)(1) and subsection (c)(1) shall not apply to Burmese covered articles and non-Burmese covered articles, respectively, that were previously exported from the United States, including those that accompanied an individual outside the United States for personal use, if they are reimported into the United States by the same person, without having been advanced in value or improved in condition by any process or other means while outside the United States. “(2) Additional provision.—The requirements of subsection (c)(1) shall not apply with respect to the importation of non-Burmese covered articles that are imported by or on behalf of an individual for personal use and accompanying an individual upon entry into the United States. “(e) Enforcement.—Burmese covered articles or non-Burmese covered articles that are imported into the United States in violation of any prohibition of this Act or any other provision law [sic] shall be subject to all applicable seizure and forfeiture laws and criminal and civil laws of the United States to the same extent as any other violation of the customs laws of the United States. “(f) Sense of Congress.—“(1) In general.—It is the sense of Congress that the President should take the necessary steps to seek to negotiate an international arrangement—similar to the Kimberley Process Certification Scheme for conflict diamonds—to prevent the trade in Burmese covered articles. Such an international arrangement should create an effective global system of controls and should contain the measures described in subsection (c)(2)(B) (or their functional equivalent). “(2) Kimberley process certification scheme defined.—In paragraph (1), the term ‘Kimberley Process Certification Scheme’ has the meaning given the term in section 3(6) of the Clean Diamond Trade Act (Public Law 108–19; 19 U.S.C. 3902(6)). “(g) Report.—“(1) In general.—Not later than 180 days after the date of the enactment of the Tom Lantos Block Burmese JADE (Junta’s Anti-Democratic Efforts) Act of 2008 [July 29, 2008], the President shall transmit to the appropriate congressional committees a report describing what actions the United States has taken during the 60-day period beginning on the date of the enactment of such Act to seek—“(A) the issuance of a draft waiver decision by the Council for Trade in Goods of the World Trade Organization, as specified in subsection (b)(3)(A); “(B) the adoption of a resolution by the United Nations General Assembly, as specified in subsection (b)(3)(B); and “(C) the negotiation of an international arrangement, as specified in subsection (f)(1). “(2) Update.—The President shall make continued efforts to seek the items specified in subparagraphs (A), (B), and (C) of paragraph (1) and shall promptly update the appropriate congressional committees on subsequent developments with respect to these efforts. “(h) GAO Report.—Not later than 14 months after the date of the enactment of the Tom Lantos Block Burmese JADE (Junta’s Anti-Democratic Efforts) Act of 2008 [July 29, 2008], the Comptroller General of the United States shall submit to the appropriate congressional committees a report on the effectiveness of the implementation of this section. The Comptroller General shall include in the report any recommendations for improving the administration of this Act. “SEC. 4. FREEZING ASSETS OF THE BURMESE REGIME IN THE UNITED STATES.“(a) Reporting Requirement.—Not later than 60 days after the date of enactment of this Act [July 28, 2003], the President shall take such action as is necessary to direct, and promulgate regulations to the same, that any United States financial institution holding funds belonging to the SPDC or the assets of those individuals who hold senior positions in the SPDC or its political arm, the Union Solidarity Development Association, shall promptly report those funds or assets to the Office of Foreign Assets Control. “(b) Additional Authority.—The President may take such action as may be necessary to impose a sanctions regime to freeze such funds or assets, subject to such terms and conditions as the President determines to be appropriate. “(c) Delegation.—The President may delegate the duties and authorities under this section to such Federal officers or other officials as the President deems appropriate. “SEC. 5. LOANS AT INTERNATIONAL FINANCIAL INSTITUTIONS.“(a) Opposition to Assistance to Burma.—The Secretary of the Treasury shall instruct the United States executive director to each appropriate international financial institution in which the United States participates, to oppose, and vote against the extension by such institution of any loan or financial or technical assistance to Burma until such time as the conditions described in section 3(a)(3) are met. “(b) Licenses for Humanitarian or Religious Activities in Burma.—Notwithstanding any other provision of law, the Secretary of the Treasury is authorized to issue multi-year licenses for humanitarian or religious activities in Burma. “SEC. 6. EXPANSION OF VISA BAN.“(a) In General.—“(1) Visa ban.—The President is authorized to deny visas and entry to the former and present leadership of the SPDC or the Union Solidarity Development Association. “(2) Updates.—The Secretary of State shall coordinate on a biannual basis with representatives of the European Union to allow officials of the United States and the European Union to ensure a high degree of coordination of lists of individuals banned from obtaining a visa by the European Union for the reason described in paragraph (1) and those banned from receiving a visa from the United States. “(b) Publication.—The Secretary of State shall post on the Department of State’s website the names of individuals whose entry into the United States is banned under subsection (a). “SEC. 7. CONDEMNATION OF THE REGIME AND DISSEMINATION OF INFORMATION.“Congress encourages the Secretary of State to highlight the abysmal record of the SPDC to the international community and use all appropriate fora, including the Association of Southeast Asian Nations Regional Forum and Asian Nations Regional Forum, to encourage other states to restrict financial resources to the SPDC and Burmese companies while offering political recognition and support to Burma’s democratic movement including the National League for Democracy and Burma’s ethnic groups. “SEC. 8. SUPPORT DEMOCRACY ACTIVISTS IN BURMA.“(a) In General.—The President is authorized to use all available resources to assist Burmese democracy activists dedicated to nonviolent opposition to the regime in their efforts to promote freedom, democracy, and human rights in Burma, including a listing of constraints on such programming. “(b) Reports.—“(1) First report.—Not later than 3 months after the date of enactment of this Act [July 28, 2003], the Secretary of State shall provide the Committees on Appropriations and Foreign Relations of the Senate and the Committees on Appropriations and International Relations [now Foreign Affairs] of the House of Representatives a comprehensive report on its short- and long-term programs and activities to support democracy activists in Burma, including a list of constraints on such programming. “(2) Report on resources.—Not later than 6 months after the date of enactment of this Act, the Secretary of State shall provide the Committees on Appropriations and Foreign Relations of the Senate and the Committees on Appropriations and International Relations [now Foreign Affairs] of the House of Representatives a report identifying resources that will be necessary for the reconstruction of Burma, after the SPDC is removed from power, including—“(A) the formation of democratic institutions; “(B) establishing the rule of law; “(C) establishing freedom of the press; “(D) providing for the successful reintegration of military officers and personnel into Burmese society; and “(E) providing health, educational, and economic development. “(3) Report on trade sanctions.—Not later than 90 days before the date on which the import restrictions contained in section 3(a)(1) are to expire, the Secretary of State, in consultation with the United States Trade Representative and the heads of appropriate agencies, shall submit to the Committees on Appropriations, Finance, and Foreign Relations of the Senate, and the Committees on Appropriations, International Relations [now Foreign Affairs], and Ways and Means of the House of Representatives, a report on—“(A) bilateral and multilateral measures undertaken by the United States Government and other governments to promote human rights and democracy in Burma; “(B) the extent to which actions related to trade with Burma taken pursuant to this Act have been effective in—“(i) improving conditions in Burma, including human rights violations, arrest and detention of democracy activists, forced and child labor, and the status of dialogue between the SPDC and the NLD and ethnic minorities; “(ii) furthering the policy objections of the United States toward Burma; and “(C) the impact of actions relating to trade take [sic] pursuant to this Act on other national security, economic, and foreign policy interests of the United States, including relations with countries friendly to the United States. “SEC. 9. DURATION OF SANCTIONS.“(a) Termination by Request From Democratic Burma.—The President may terminate any provision in this Act upon the request of a democratically elected government in Burma, provided that all the conditions in section 3(a)(3) have been met. “(b) Continuation of Import Sanctions.—“(1) Expiration.—The import restrictions contained in section 3(a)(1) shall expire 1 year from the date of enactment of this Act [July 28, 2003] unless renewed under paragraph (2) of this section [subsection]. “(2) Resolution by congress.—The import restrictions contained in section 3(a)(1) may be renewed annually for a 1-year period if, prior to the anniversary of the date of enactment of this Act, and each year thereafter, a renewal resolution is enacted into law in accordance with subsection (c). “(3) Limitation.—The import restrictions contained in section 3(a)(1) may be renewed for a maximum of twelve years from the date of the enactment of this Act [July 28, 2003]. “(4) Rule of construction.—For purposes of this subsection, any reference to section 3(a)(1) shall be deemed to include a reference to section 3A(b)(1) and (c)(1). “(c) Renewal Resolutions.—“(1) In general.—For purposes of this section, the term ‘renewal resolution’ means a joint resolution of the 2 Houses of Congress, the sole matter after the resolving clause of which is as follows: ‘That Congress approves the renewal of the import restrictions contained in section 3(a)(1) and section 3A(b)(1) and (c)(1) of the Burmese Freedom and Democracy Act of 2003.’. “(2) Procedures.—“(A) In general.—A renewal resolution—“(i) may be introduced in either House of Congress by any member of such House at any time within the 90-day period before the expiration of the import restrictions contained in section 3(a)(1) and section 3A(b)(1) and (c)(1); and “(ii) the provisions of subparagraph (B) shall apply. “(B) Expedited consideration.—The provisions of section 152(b), (c), (d), (e), and (f) of the Trade Act of 1974 (19 U.S.C. 2192 (b), (c), (d), (e), and (f)) apply to a renewal resolution under this Act as if such resolution were a resolution described in section 152(a) of the Trade Act of 1974.”

[For effective date of amendment by Pub. L. 110–286, § 6(b)(1), (2), see section 6(b)(3) of Pub. L. 110–286, set out above.]

[Pub. L. 109–251, § 3, Aug. 1, 2006, 120 Stat. 654, provided that: “This Act [enacting note below and amending Pub. L. 108–61 set out above] and the amendments made by this Act shall take effect on the date of the enactment of this Act [Aug. 1, 2006] or July 26, 2006, whichever occurs first.” ]

[Proc. No. 8294, Sept. 26, 2008, 73 F.R. 57223, provided: in par. (2), that beginning on Sept. 27, 2008, importation of Burmese covered articles into the United States is prohibited, subject to certain exceptions; in par. (3), that beginning on Sept. 27, 2008, importation of non-Burmese covered articles into the United States is subject to certain conditions, with certain exceptions; in par. (4), that the Secretary of the Treasury and the Secretary of Homeland Security are authorized to issue regulations, licenses, and orders and to conduct necessary investigations to implement the prohibition on Burmese covered articles and the conditions for importation of non-Burmese covered articles set forth in section 3A(b), (c) of Pub. L. 108–61, set out above, and also to redelegate those functions as necessary; in par. (5), that the Secretary of the Treasury, in consultation with the Secretary of State, is authorized to perform the functions set forth in section 3A(c)(2)(A) of Pub. L. 108–61 relating to the issuance of waivers and may redelegate those functions; in par. (6), that the United States Trade Representative is authorized to perform the functions specified in section 3A(b)(3)(A) of Pub. L. 108–61; and, in pars. (7) to (9), that the Secretary of State is authorized to perform the functions specified in sections 3(b) and 3A(b)(3)(B) of Pub. L. 108–61, as well as the functions in section 3A(g) of that Act, in consultation with the United States Trade Representative.]

[Certain powers of President under sections 3(a) and 4 of Pub. L. 108–61, set out above, delegated to Secretary of the Treasury and functions and authorities of President under section 3(b) of Pub. L. 108–61 delegated to Secretary of State by section 9 of Ex. Ord. No. 13310, July 28, 2003, 68 F.R. 44854, listed in a table below.]

[Certain powers of President under section 4 of Pub. L. 108–61, set out above, delegated to Secretary of the Treasury by section 6 of Ex. Ord. No. 13448, Oct. 18, 2007, 72 F.R. 60225, listed in a table below.]

Provisions similar to those contained in section 5(a) of Pub. L. 108–61, set out above, were contained in the following appropriation acts:

Pub. L. 112–74, div. I, title VII, § 7044(b)(1), Dec. 23, 2011, 125 Stat. 1230.

Pub. L. 111–117, div. F, title VII, § 7071(b)(1), Dec. 16, 2009, 123 Stat. 3388.

Pub. L. 111–8, div. H, title VII, § 7071(b)(1), Mar. 11, 2009, 123 Stat. 903.

Pub. L. 110–161, div. J, title VI, § 638(b)(1), Dec. 26, 2007, 121 Stat. 2333.

Pub. L. 109–102, title V, § 526(a), Nov. 14, 2005, 119 Stat. 2205.

Pub. L. 108–447, div. D, title V, § 531(a), Dec. 8, 2004, 118 Stat. 3004.

Pub. L. 108–199, div. D, title V, § 531(a), Jan. 23, 2004, 118 Stat. 180.

Pub. L. 112–163, § 3(b), (c), Aug. 10, 2012, 126 Stat. 1277, provided that: “(b) Renewal of Import Restrictions.—“(1) In general.—Congress approves the renewal of the import restrictions contained in section 3(a)(1) and section 3A (b)(1) and (c)(1) of the Burmese Freedom and Democracy Act of 2003 [Pub. L. 108–61, set out above]. “(2) Rule of construction.—This section shall be deemed to be a ‘renewal resolution’ for purposes of section 9 of the Burmese Freedom and Democracy Act of 2003. “(c) Effective Date.—This section [enacting this note and amending Pub. L. 108–61, set out above] and the amendment made by this section shall take effect on the date of the enactment of this Act [Aug. 10, 2012] or July 26, 2012, whichever occurs first.”

Prior similar provisions were contained in the following Acts:

Pub. L. 112–36, § 140, Oct. 5, 2011, 125 Stat. 391.

Pub. L. 112–33, § 140, Sept. 30, 2011, 125 Stat. 368.

Pub. L. 111–210, § 1, July 27, 2010, 124 Stat. 2256.

Pub. L. 111–42, title I, § 102, July 28, 2009, 123 Stat. 1963.

Pub. L. 110–287, § 1, July 29, 2008, 122 Stat. 2649.

Pub. L. 110–52, §§ 1, 4, Aug. 1, 2007, 121 Stat. 264.

Pub. L. 109–251, § 2, Aug. 1, 2006, 120 Stat. 654.

Pub. L. 109–39, July 27, 2005, 119 Stat. 409.

Pub. L. 108–272, July 7, 2004, 118 Stat. 818.

Pub. L. 104–208, div. A, title I, § 101(c) [title V, § 570], Sept. 30, 1996, 110 Stat. 3009–121, 3009–166, as amended by Pub. L. 117–81, div. E, title LI, § 5114(a)(1), Dec. 27, 2021, 135 Stat. 2351, provided that: “(a) Until such time as the President determines and certifies to Congress that Burma has made measurable and substantial progress in improving human rights practices and implementing democratic government, the following sanctions shall be imposed on Burma:“(1) Bilateral assistance.—There shall be no United States assistance to the Government of Burma, other than:“(A) humanitarian assistance, “(B) subject to the regular notification procedures of the Committees on Appropriations, counter-narcotics assistance under chapter 8 of part I of the Foreign Assistance Act of 1961 [Pub. L. 87–195], or crop substitution assistance, if the Secretary of State certifies to the appropriate congressional committees that—“(i) the Government of Burma is fully cooperating with United States counter-narcotics efforts, and “(ii) the programs are fully consistent with United States human rights concerns in Burma and serve the United States national interest, and “(C) assistance promoting human rights and democratic values. “(2) Multilateral assistance.—The Secretary of the Treasury shall instruct the United States executive director of each international financial institution to vote against any loan or other utilization of funds of the respective bank to or for Burma. “(3) Visas.—Except as required by treaty obligations or to staff the Burmese mission to the United States, the United States should not grant entry visas to any Burmese government official. “(b) Conditional Sanctions.—The President is hereby authorized to prohibit, and shall prohibit[,] United States persons from new investment in Burma, if the President determines and certifies to Congress that, after the date of enactment of this Act [Sept. 30, 1996], the Government of Burma has physically harmed, rearrested for political acts, or exiled Daw Aung San Suu Kyi or has committed large-scale repression of or violence against the Democratic opposition. “(c) Multilateral Strategy.—The President shall develop, in coordination with likeminded countries, a comprehensive, multilateral strategy to—“(1) support democratic governance and inclusive and representative civilian government, including by supporting entities promoting democracy in Burma and denying legitimacy and resources to the military junta; “(2) support organizations that represent the democratic aspirations of the people of Burma in the struggle against the military junta; “(3) impose costs on the military junta; “(4) secure the unconditional release of all political prisoners in Burma; “(5) promote genuine national reconciliation among Burma’s diverse ethnic and religious groups; “(6) provide humanitarian assistance to internally displaced persons in Burma, particularly in areas targeted by the military junta, and in neighboring countries for refugees from Burma; “(7) pursue accountability for atrocities, human rights violations, and crimes against humanity committed by the military junta or the Tatmadaw; and “(8) counter corrosive malign influence of the People’s Republic of China and the Russian Federation in Burma. “(d) Presidential Reports.—Every year following the enactment of this Act [Sept. 30, 1996], the President shall report to the Chairmen of the Committee on Foreign Relations, the Committee on International Relations and the House and Senate Appropriations Committees on the following:“(1) progress towards inclusive, democratic governance in Burma; “(2) improvements in human rights practices and accountability for atrocities, human rights violations, and crimes against humanity committed by the Tatmadaw, or military junta of Burma; “(3) progress toward broad-based and inclusive economic growth; “(4) progress toward genuine national reconciliation; “(5) steps taken to impose costs on the military junta; “(6) progress made in advancing the strategy referred to in subsection (c); and “(7) actions by the People’s Republic of China or the Russian Federation that undermine the sovereignty, stability, or unity of Burma. “(e) Waiver Authority.—The President shall have the authority to waive, temporarily or permanently, any sanction referred to in subsection (a) or subsection (b) if he determines and certifies to Congress that the application of such sanction would be contrary to the national security interests of the United States. “(f) Definitions.—“(1) The term ‘international financial institutions’ shall include the International Bank for Reconstruction and Development, the International Development Association, the International Finance Corporation, the Multilateral Investment Guarantee Agency, the Asian Development Bank, and the International Monetary Fund. “(2) The term ‘new investment’ shall mean any of the following activities if such an activity is undertaken pursuant to an agreement, or pursuant to the exercise of rights under such an agreement, that is entered into with the Government of Burma or a nongovernmental entity in Burma, on or after the date of the certification under subsection (b):“(A) the entry into a contract that includes the economical development of resources located in Burma, or the entry into a contract providing for the general supervision and guarantee of another person’s performance of such a contract; “(B) the purchase of a share of ownership, including an equity interest, in that development; “(C) the entry into a contract providing for the participation in royalties, earnings, or profits in that development, without regard to the form of the participation: Provided, That the term ‘new investment’ does not include the entry into, performance of, or financing of a contract to sell or purchase goods, services, or technology.”

[Pub. L. 117–81, div. E, title LI, § 5114(a)(1), Dec. 27, 2021, 135 Stat. 2351, which directed the amendment of section 570 of Pub. L. 104–208, was executed by amending Pub. L. 104–208, div. A, title I, § 101(c) [title V, § 570] (set out above), to reflect the probable intent of Congress.]

[Pub. L. 117–81, div. E, title LI, § 5114(a)(2), Dec. 27, 2021, 135 Stat. 2352, provided that: “The amendments made by paragraph (1) [amending section 570 Pub. L. 104–208, set out above] shall take effect on the date of the enactment of this Act [Dec. 27, 2021] and apply with respect to the first report required under subsection (d) of section 570 of Public Law 104–208 [set out above] that is required after the date of the enactment of this Act.” ]

Presidential Determination Pursuant to Section 570(a) of the Foreign Operations, Export Financing, and Related Programs Appropriations Act, 1997

Determination of President of the United States, No. 2017–04, Dec. 2, 2016, 81 F.R. 94211, provided:

Memorandum for the Secretary of State

By the authority vested in me as President by the Constitution and the laws of the United States, including section 570(a) of the Foreign Operations, Export Financing, and Related Programs Appropriations Act, 1997 (Public Law 104–208) (the “Act”), I hereby determine and certify, pursuant to section 570(a) of the Act, that Burma has made measurable and substantial progress in improving human rights practices and implementing democratic government.

You are authorized and directed to provide this determination and the accompanying Memorandum of Justification to the Congress and to publish the determination in the Federal Register.

Limited Waiver of Certain Sanctions Imposed by, and Delegation of Certain Authorities Pursuant to, the Tom Lantos Block Burmese JADE (Junta’s Anti-Democratic Efforts) Act of 2008

Determination of President of the United States, No. 2009–11, Jan. 15, 2009, 74 F.R. 3957, provided:

Memorandum for the Secretary of State [and] the Secretary of the Treasury

By the authority vested in me as President by the Constitution and laws of the United States, including the Tom Lantos Block Burmese JADE (Junta’s Anti-Democratic Efforts) Act of 2008 (Public Law 110–286) (JADE Act) [set out as a note above] and section 301 of title 3, United States Code, in order to ensure that the United States Government’s sanctions against the Burmese leadership and its supporters continue to be implemented effectively, to allow the reconciliation of measures applicable to persons sanctioned under the JADE Act with measures applicable to the same persons sanctioned under the International Emergency Economic Powers Act (50 U.S.C. 1701 et seq.), and to allow for the implementation of additional appropriate sanctions:

(1) I hereby waive, pursuant to section 5(i) of the JADE Act, the provisions of section 5(b) of the JADE Act with respect to those persons described in section 5(a)(1) of the JADE Act who are not included on the Department of the Treasury’s List of Specially Designated Nationals and Blocked Persons. Because the imposition of effective and meaningful blocking sanctions requires the identification of those individuals and entities targeted for sanction and the authorization of certain limited exceptions to the prohibitions and restrictions that would otherwise apply, I hereby determine and certify that such a limited waiver is in the national interest of the United States.

(2) I hereby delegate to the Secretary of the Treasury the waiver authority set forth in section 5(i) of the JADE Act, including the authority to invoke or revoke the waiver with respect to any person or persons or any transaction or category of transactions or prohibitions by making the necessary determination and certification regarding the national interest of the United States set forth in that section. I hereby direct the Secretary of the Treasury, after consultation with the Secretary of State and with necessary support from the Intelligence Community, as defined in section 3(4) of the National Security Act of 1947, as amended ([former] 50 U.S.C. 401a(4)) [now 50 U.S.C. 3003(4)], to continue to target aggressively the Burmese regime and its lines of support. I further delegate to the Secretary of the Treasury the authority to take such actions as may be necessary to carry out the purposes of section 5(b) of the JADE Act. The Secretary of the Treasury may redelegate any of these functions to other officers and agencies of the United States Government consistent with applicable law. The authorities delegated to the Secretary of the Treasury under this memorandum shall be exercised after consultation with the Secretary of State.

(3) I authorize the Secretary of State, after consultation with the Secretary of the Treasury, to take such actions as may be necessary to make the submissions to the appropriate congressional committees pursuant to section 5(d) of the JADE Act.

I hereby authorize and direct the Secretary of the Treasury to report this determination to the appropriate congressional committees and to publish it in the Federal Register.

Sudan Peace

Pub. L. 108–497, Dec. 23, 2004, 118 Stat. 4012, as amended by Pub. L. 109–344, §§ 5(a), (b), 8(b), Oct. 13, 2006, 120 Stat. 1875, 1876, 1879, known as the Comprehensive Peace in Sudan Act of 2004, which enforced a comprehensive peace agreement for Sudan, as envisioned in the Sudan Peace Act and the Machakos Protocol of 2002, and continued to provide humanitarian assistance to the areas of Sudan to which the United States has access, was repealed by Pub. L. 116–283, div. A, title XII, § 1270E(b), Jan. 1, 2021, 134 Stat. 3978, effective Jan. 1, 2020.

Pub. L. 107–245, Oct. 21, 2002, 116 Stat. 1504, as amended by Pub. L. 108–497, § 5, Dec. 23, 2004, 118 Stat. 4016; Pub. L. 109–344, § 9, Oct. 13, 2006, 120 Stat. 1880, known as the Sudan Peace Act, which authorized increased assistance to the areas of Sudan not controlled by the Government of Sudan to prepare the population for peace and democratic governance, was repealed by Pub. L. 116–283, div. A, title XII, § 1270E(a), Jan. 1, 2021, 134 Stat. 3978, effective Jan. 1, 2020.

[Memorandum of President of the United States, Oct. 26, 2020, 85 F.R. 71213, certified, pursuant to section 6(e) of the Comprehensive Peace in Sudan Act of 2004 (Pub. L. 108–497, formerly set out above), that the Government of Sudan has taken demonstrable steps in accordance with section 12(a)(2) of the Sudan Peace Act of 2002 (Pub. L. 107–245, formerly set out above).]

Presidential Determinations on the Sudan Peace Act

Provisions certifying good faith negotiations between the Government of Sudan and the Sudan People’s Liberation Movement were contained in the following:

Determination of President of the United States, No. 2004–29, Apr. 21, 2004, 69 F.R. 24905.

Determination of President of the United States, No. 2004–05, Oct. 21, 2003, 68 F.R. 63977.

Determination of President of the United States, No. 2003–21, Apr. 21, 2003, 68 F.R. 20329.

Assistance Efforts in Sudan

Pub. L. 108–199, div. D, title V, § 534(j), Jan. 23, 2004, 118 Stat. 182, defined terms for purposes of section 501 of Pub. L. 106–570, formerly set out below.

Pub. L. 106–570, title V, § 501, Dec. 27, 2000, 114 Stat. 3050, authorized the President to undertake appropriate programs with indigenous groups, agencies, or organizations in areas outside of control of the Government of Sudan in order to benefit the economic development of that area and its people and exempted exports from those areas from the export prohibitions of Ex. Ord. No. 13067, prior to repeal by Pub. L. 109–344, § 8(a), Oct. 13, 2006, 120 Stat. 1879.

Iran, North Korea, and Syria Nonproliferation

Pub. L. 106–178, Mar. 14, 2000, 114 Stat. 38, as amended by Pub. L. 107–228, div. B, title XIII, § 1306, Sept. 30, 2002, 116 Stat. 1438; Pub. L. 109–112, §§ 3–4(e)(1), Nov. 22, 2005, 119 Stat. 2368, 2369; Pub. L. 109–353, § 3, Oct. 13, 2006, 120 Stat. 2015; Pub. L. 110–329, div. A, § 125, Sept. 30, 2008, 122 Stat. 3577; Pub. L. 112–273, § 4, Jan. 14, 2013, 126 Stat. 2454; Pub. L. 116–94, div. I, title VII, § 701, Dec. 20, 2019, 133 Stat. 3028, provided that: “SECTION 1. SHORT TITLE.“This Act may be cited as the ‘Iran, North Korea, and Syria Nonproliferation Act’. “SEC. 2. REPORTS ON PROLIFERATION RELATING TO IRAN, NORTH KOREA, AND SYRIA.“(a) Reports.—The President shall, at the times specified in subsection (b), submit to the Committee on International Relations [now Committee on Foreign Affairs] of the House of Representatives and the Committee on Foreign Relations of the Senate a report identifying every foreign person with respect to whom there is credible information indicating that that person, on or after January 1, 1999, transferred to or acquired from Iran, on or after January 1, 2005, transferred to or acquired from Syria, or on or after January 1, 2006, transferred to or acquired from North Korea—“(1) goods, services, or technology listed on—“(A) the Nuclear Suppliers Group Guidelines for the Export of Nuclear Material, Equipment and Technology (published by the International Atomic Energy Agency as Information Circular INFCIRC/254/ Rev.3/ Part 1, and subsequent revisions) and Guidelines for Transfers of Nuclear-Related Dual-Use Equipment, Material, and Related Technology (published by the International Atomic Energy Agency as Information Circular INFCIRC/254/ Rev.3/ Part 2, and subsequent revisions); “(B) the Missile Technology Control Regime Equipment and Technology Annex of June 11, 1996, and subsequent revisions; “(C) the lists of items and substances relating to biological and chemical weapons the export of which is controlled by the Australia Group; “(D) the Schedule One or Schedule Two list of toxic chemicals and precursors the export of which is controlled pursuant to the Convention on the Prohibition of the Development, Production, Stockpiling and Use of Chemical Weapons and on Their Destruction; or “(E) the Wassenaar Arrangement list of Dual Use Goods and Technologies and Munitions list of July 12, 1996, and subsequent revisions; or “(2) goods, services, or technology not listed on any list identified in paragraph (1) but which nevertheless would be, if they were United States goods, services, or technology, prohibited for export to Iran, North Korea, or Syria, as the case may be, because of their potential to make a material contribution to the development of nuclear, biological, or chemical weapons, or of ballistic or cruise missile systems. “(b) Timing of Reports.—The reports under subsection (a) shall be submitted not later than 90 days after the date of the enactment of this Act [Mar. 14, 2000], not later than 6 months after such date of enactment, and not later than the end of each 6-month period thereafter. “(c) Exceptions.—Any foreign person who—“(1) was identified in a previous report submitted under subsection (a) on account of a particular transfer; or “(2) has engaged in a transfer on behalf of, or in concert with, the Government of the United States, is not required to be identified on account of that same transfer in any report submitted thereafter under this section, except to the degree that new information has emerged indicating that the particular transfer may have continued, or been larger, more significant, or different in nature than previously reported under this section. “(d) Submission in Classified Form.—When the President considers it appropriate, reports submitted under subsection (a), or appropriate parts thereof, may be submitted in classified form. “(e) Content of Reports.—Each report under subsection (a) shall contain, with respect to each foreign person identified in such report, a brief description of the type and quantity of the goods, services, or technology transferred by that person to Iran, the circumstances surrounding the transfer, the usefulness of the transfer to Iranian weapons programs, and the probable awareness or lack thereof of the transfer on the part of the government with primary jurisdiction over the person. “SEC. 3. APPLICATION OF MEASURES TO CERTAIN FOREIGN PERSONS.“(a) Application of Measures.—Subject to sections 4 and 5, the President is authorized to apply with respect to each foreign person identified in a report submitted pursuant to section 2(a), for such period of time as he may determine, any or all of the measures described in subsection (b). “(b) Description of Measures.—The measures referred to in subsection (a) are the following:“(1) Executive order no. 12938 prohibitions.—The measures set forth in subsections (b) and (c) of section 4 of Executive Order No. 12938. “(2) Arms export prohibition.—Prohibition on United States Government sales to that foreign person of any item on the United States Munitions List as in effect on August 8, 1995, and termination of sales to that person of any defense articles, defense services, or design and construction services under the Arms Export Control Act [22 U.S.C. 2751 et seq.]. “(3) Dual use export prohibition.—Denial of licenses and suspension of existing licenses for the transfer to that person of items the export of which is controlled under the Export Administration Act of 1979 [50 U.S.C. 4601 et seq.] or the Export Administration Regulations. “(c) Effective Date of Measures.—Measures applied pursuant to subsection (a) shall be effective with respect to a foreign person no later than—“(1) 90 days after the report identifying the foreign person is submitted, if the report is submitted on or before the date required by section 2(b); “(2) 90 days after the date required by section 2(b) for submitting the report, if the report identifying the foreign person is submitted within 60 days after that date; or “(3) on the date that the report identifying the foreign person is submitted, if that report is submitted more than 60 days after the date required by section 2(b). “(d) Publication in Federal Register.—The application of measures to a foreign person pursuant to subsection (a) shall be announced by notice published in the Federal Register. “SEC. 4. PROCEDURES IF MEASURES ARE NOT APPLIED.“(a) Requirement To Notify Congress.—Should the President not exercise the authority of section 3(a) to apply any or all of the measures described in section 3(b) with respect to a foreign person identified in a report submitted pursuant to section 2(a), he shall so notify the Committee on International Relations [now Committee on Foreign Affairs] of the House of Representatives and the Committee on Foreign Relations of the Senate no later than the effective date under section 3(c) for measures with respect to that person. “(b) Written Justification.—Any notification submitted by the President under subsection (a) shall include a written justification describing in detail the facts and circumstances relating specifically to the foreign person identified in a report submitted pursuant to section 2(a) that support the President’s decision not to exercise the authority of section 3(a) with respect to that person. “(c) Submission in Classified Form.—When the President considers it appropriate, the notification of the President under subsection (a), and the written justification under subsection (b), or appropriate parts thereof, may be submitted in classified form. “SEC. 5. DETERMINATION EXEMPTING FOREIGN PERSON FROM SECTIONS 3 AND 4.“(a) In General.—Sections 3 and 4 shall not apply to a foreign person 15 days after the President reports to the Committee on International Relations [now Committee on Foreign Affairs] of the House of Representatives and the Committee on Foreign Relations of the Senate that the President has determined, on the basis of information provided by that person, or otherwise obtained by the President, that—“(1) the person did not, on or after January 1, 1999, knowingly transfer to or acquire from Iran, North Korea, or Syria, as the case may be, the goods, services, or technology the apparent transfer of which caused that person to be identified in a report submitted pursuant to section 2(a); “(2) the goods, services, or technology the transfer of which caused that person to be identified in a report submitted pursuant to section 2(a) did not materially contribute to the efforts of Iran, North Korea, or Syria, as the case may be, to develop nuclear, biological, or chemical weapons, or ballistic or cruise missile systems, or weapons listed on the Wassenaar Arrangement Munitions List of July 12, 1996, or any subsequent revision of that list; “(3) the person is subject to the primary jurisdiction of a government that is an adherent to one or more relevant nonproliferation regimes, the person was identified in a report submitted pursuant to section 2(a) with respect to a transfer of goods, services, or technology described in section 2(a)(1), and such transfer was made consistent with the guidelines and parameters of all such relevant regimes of which such government is an adherent; or “(4) the government with primary jurisdiction over the person has imposed meaningful penalties on that person on account of the transfer of the goods, services, or technology which caused that person to be identified in a report submitted pursuant to section 2(a). “(b) Opportunity To Provide Information.—Congress urges the President—“(1) in every appropriate case, to contact in a timely fashion each foreign person identified in each report submitted pursuant to section 2(a), or the government with primary jurisdiction over such person, in order to afford such person, or governments, the opportunity to provide explanatory, exculpatory, or other additional information with respect to the transfer that caused such person to be identified in a report submitted pursuant to section 2(a); and “(2) to exercise the authority in subsection (a) in all cases where information obtained from a foreign person identified in a report submitted pursuant to section 2(a), or from the government with primary jurisdiction over such person, establishes that the exercise of such authority is warranted. “(c) Submission in Classified Form.—When the President considers it appropriate, the determination and report of the President under subsection (a), or appropriate parts thereof, may be submitted in classified form. “SEC. 6. RESTRICTION ON EXTRAORDINARY PAYMENTS IN CONNECTION WITH THE INTERNATIONAL SPACE STATION.“(a) Restriction on Extraordinary Payments in Connection With the International Space Station.—Notwithstanding any other provision of law, no agency of the United States Government may make extraordinary payments in connection with the International Space Station to the Russian Aviation and Space Agency, any organization or entity under the jurisdiction or control of the Russian Aviation and Space Agency, or any other organization, entity, or element of the Government of the Russian Federation, unless, during the fiscal year in which the extraordinary payments in connection with the International Space Station are to be made, the President has made the determination described in subsection (b), and reported such determination to the Committee on International Relations [now Committee on Foreign Affairs] and the Committee on Science [now Committee on Science, Space, and Technology] of the House of Representatives and the Committee on Foreign Relations and the Committee on Commerce, Science, and Transportation of the Senate. “(b) Determination Regarding Russian Cooperation in Preventing Proliferation Relating to Iran, North Korea, and Syria.—The determination referred to in subsection (a) is a determination by the President that—“(1) it is the policy of the Government of the Russian Federation to oppose the proliferation to or from Iran, North Korea, and Syria of weapons of mass destruction and missile systems capable of delivering such weapons; “(2) the Government of the Russian Federation (including the law enforcement, export promotion, export control, and intelligence agencies of such government) has demonstrated and continues to demonstrate a sustained commitment to seek out and prevent the transfer to or from Iran, North Korea, and Syria of goods, services, and technology that could make a material contribution to the development of nuclear, biological, or chemical weapons, or of ballistic or cruise missile systems; and “(3) neither the Russian Aviation and Space Agency, nor any organization or entity under the jurisdiction or control of the Russian Aviation and Space Agency, has, during the 1-year period prior to the date of the determination pursuant to this subsection, made transfers to or from Iran, North Korea, or Syria reportable under section 2(a) of this Act (other than transfers with respect to which a determination pursuant to section 5 has been or will be made). “(c) Prior Notification.—Not less than 5 days before making a determination under subsection (b), the President shall notify the Committee on International Relations [now Committee on Foreign Affairs] and the Committee on Science [now Committee on Science, Space, and Technology] of the House of Representatives and the Committee on Foreign Relations and the Committee on Commerce, Science, and Transportation of the Senate of his intention to make such determination. “(d) Written Justification.—A determination of the President under subsection (b) shall include a written justification describing in detail the facts and circumstances supporting the President’s conclusion. “(e) Submission in Classified Form.—When the President considers it appropriate, a determination of the President under subsection (b), a prior notification under subsection (c), and a written justification under subsection (d), or appropriate parts thereof, may be submitted in classified form. “(f) Exception for Crew Safety.—“(1) Exception.—The National Aeronautics and Space Administration may make extraordinary payments that would otherwise be prohibited under this section to the Russian Aviation and Space Agency or any organization or entity under the jurisdiction or control of the Russian Aviation and Space Agency if the President has notified the Congress in writing that such payments are necessary to prevent the imminent loss of life by or grievous injury to individuals aboard the International Space Station. “(2) Report.—Not later than 30 days after notifying Congress that the National Aeronautics and Space Administration will make extraordinary payments under paragraph (1), the President shall submit to Congress a report describing—“(A) the extent to which the provisions of subsection (b) had been met as of the date of notification; and “(B) the measures that the National Aeronautics and Space Administration is taking to ensure that—“(i) the conditions posing a threat of imminent loss of life by or grievous injury to individuals aboard the International Space Station necessitating the extraordinary payments are not repeated; and “(ii) it is no longer necessary to make extraordinary payments in order to prevent imminent loss of life by or grievous injury to individuals aboard the International Space Station. “(g) Service Module Exception.—“(1) The National Aeronautics and Space Administration may make extraordinary payments that would otherwise be prohibited under this section to the Russian Aviation and Space Agency, any organization or entity under the jurisdiction or control of the Russian Aviation and Space Agency, or any subcontractor thereof for the construction, testing, preparation, delivery, launch, or maintenance of the Service Module, and for the purchase (at a total cost not to exceed $14,000,000) of the pressure dome for the Interim Control Module and the Androgynous Peripheral Docking Adapter and related hardware for the United States propulsion module, if—“(A) the President has notified Congress at least 5 days before making such payments; “(B) no report has been made under section 2 with respect to an activity of the entity to receive such payment, and the President has no credible information of any activity that would require such a report; and “(C) the United States will receive goods or services of value to the United States commensurate with the value of the extraordinary payments made. “(2) For purposes of this subsection, the term ‘maintenance’ means activities which cannot be performed by the National Aeronautics and Space Administration and which must be performed in order for the Service Module to provide environmental control, life support, and orbital maintenance functions which cannot be performed by an alternative means at the time of payment. “(3) This subsection shall cease to be effective 60 days after a United States propulsion module is in place at the International Space Station. “(h) Exception.—Notwithstanding subsections (a) and (b), no agency of the United States Government may make extraordinary payments in connection with the International Space Station, or any other payments in connection with the International Space Station, to any foreign person subject to measures applied pursuant to—“(1) section 3 of this Act; or “(2) section 4 of Executive Order No. 12938 (November 14, 1994), as amended by Executive Order No. 13094 (July 28, 1998). Such payments shall also not be made to any other entity if the agency of the United States Government anticipates that such payments will be passed on to such a foreign person. “(i) Report on Certain Payments Related to International Space Station.—“(1) In general.—The President shall, together with each report submitted under section 2(a), submit to the Committee on Foreign Relations of the Senate and the Committee on International Relations [now Committee on Foreign Affairs] of the House of Representatives a report that identifies each Russian entity or person to whom the United States Government has, since the date of the enactment of the Iran Nonproliferation Amendments Act of 2005 [Nov. 22, 2005], made a payment in cash or in kind for work to be performed or services to be rendered under the Agreement Concerning Cooperation on the Civil International Space Station, with annex, signed at Washington January 29, 1998, and entered into force March 27, 2001, or any protocol, agreement, memorandum of understanding, or contract related thereto. “(2) Content.—Each report submitted under paragraph (1) shall include—“(A) the specific purpose of each payment made to each entity or person identified in the report; and “(B) with respect to each such payment, the assessment of the President that the payment was not prejudicial to the achievement of the objectives of the United States Government to prevent the proliferation of ballistic or cruise missile systems in Iran and other countries that have repeatedly provided support for acts of international terrorism, as determined by the Secretary of State under section 620A(a) of the Foreign Assistance Act of 1961 (22 U.S.C. 2371(a)), [former] section 6(j) of the Export Administration Act of 1979 (50 U.S.C. App. 2405(j)) [former 50 U.S.C. 4605(j)], or section 40(d) of the Arms Export Control Act (22 U.S.C. 2780(d)). “SEC. 7. DEFINITIONS.“For purposes of this Act, the following terms have the following meanings:“(1) Extraordinary payments in connection with the international space station.—The term ‘extraordinary payments in connection with the International Space Station’ means payments in cash or in kind made or to be made by the United States Government—“(A) for work on the International Space Station which the Russian Government pledged at any time to provide at its expense; or “(B) for work on the International Space Station not required to be made under the terms of a contract or other agreement that was in effect on January 1, 1999, as those terms were in effect on such date, except that such term does not mean payments in cash or in kind made or to be made by the United States Government prior to December 31, 2025, for work to be performed or services to be rendered prior to that date necessary to meet United States obligations under the Agreement Concerning Cooperation on the Civil International Space Station, with annex, signed at Washington January 29, 1998, and entered into force March 27, 2001, or any protocol, agreement, memorandum of understanding, or contract related thereto. “(2) Foreign person; person.—The terms ‘foreign person’ and ‘person’ mean—“(A) a natural person that is an alien; “(B) a corporation, business association, partnership, society, trust, or any other nongovernmental entity, organization, or group, that is organized under the laws of a foreign country or has its principal place of business in a foreign country; “(C) any foreign government, including any foreign governmental entity; and “(D) any successor, subunit, or subsidiary of any entity described in subparagraph (A), (B), or (C), including any entity in which any entity described in any such subparagraph owns a controlling interest. “(3) Executive order no. 12938.—The term ‘Executive Order No. 12938’ means Executive Order No. 12938 [listed in a table below] as in effect on January 1, 1999. “(4) Adherent to relevant nonproliferation regime.—A government is an ‘adherent’ to a ‘relevant nonproliferation regime’ if that government—“(A) is a member of the Nuclear Suppliers Group with respect to a transfer of goods, services, or technology described in section 2(a)(1)(A); “(B) is a member of the Missile Technology Control Regime with respect to a transfer of goods, services, or technology described in section 2(a)(1)(B), or is a party to a binding international agreement with the United States that was in effect on January 1, 1999, to control the transfer of such goods, services, or technology in accordance with the criteria and standards set forth in the Missile Technology Control Regime; “(C) is a member of the Australia Group with respect to a transfer of goods, services, or technology described in section 2(a)(1)(C); “(D) is a party to the Convention on the Prohibition of the Development, Production, Stockpiling and Use of Chemical Weapons and on Their Destruction with respect to a transfer of goods, services, or technology described in section 2(a)(1)(D); or “(E) is a member of the Wassenaar Arrangement with respect to a transfer of goods, services, or technology described in section 2(a)(1)(E). “(5) Organization or entity under the jurisdiction or control of the Russian Aviation and Space Agency.—“(A) The term ‘organization or entity under the jurisdiction or control of the Russian Aviation and Space Agency’ means an organization or entity that—“(i) was made part of the Russian Space Agency upon its establishment on February 25, 1992; “(ii) was transferred to the Russian Space Agency by decree of the Russian Government on July 25, 1994, or May 12, 1998; “(iii) was or is transferred to the Russian Aviation and Space Agency or Russian Space Agency by decree of the Russian Government at any other time before, on, or after the date of the enactment of this Act [Mar. 14, 2000]; or “(iv) is a joint stock company in which the Russian Aviation and Space Agency or Russian Space Agency has at any time held controlling interest. “(B) Any organization or entity described in subparagraph (A) shall be deemed to be under the jurisdiction or control of the Russian Aviation and Space Agency regardless of whether—“(i) such organization or entity, after being part of or transferred to the Russian Aviation and Space Agency or Russian Space Agency, is removed from or transferred out of the Russian Aviation and Space Agency or Russian Space Agency; or “(ii) the Russian Aviation and Space Agency or Russian Space Agency, after holding a controlling interest in such organization or entity, divests its controlling interest.”

[Pub. L. 109–112, § 3(a)(2), Nov. 22, 2005, 119 Stat. 2368, which directed amendment of “section 7(1)(B)” of Pub. L. 106–178, set out above, by inserting at end “except that such term does not mean payments in cash or in kind made or to be made by the United States Government prior to January 1, 2012, for work to be performed or services to be rendered prior to that date necessary to meet United States obligations under the Agreement Concerning Cooperation on the Civil International Space Station, with annex, signed at Washington January 29, 1998, and entered into force March 27, 2001, or any protocol, agreement, memorandum of understanding, or contract related thereto.”, was executed by inserting text as concluding provisions of par. (1), to reflect the probable intent of Congress. Subsequent amendments by Pub. L. 110–329 and Pub. L. 112–173, which also directed amendment of section “7(1)(B)”, were executed by making the amendments to such concluding provisions.]

[Pub. L. 109–112, § 4(e)(2), Nov. 22, 2005, 119 Stat. 2370, provided that: “Any reference in a law, regulation, document, or other record of the United States to the Iran Nonproliferation Act of 2000 [now Iran, North Korea, and Syria Nonproliferation Act, Pub. L. 106–198, set out above] shall be deemed to be a reference to the Iran and Syria Nonproliferation Act.” ]

[Memorandum of President of the United States, Sept. 11, 2000, 65 F.R. 56209, delegated to the Secretary of State functions and authorities conferred on the President under Pub. L. 106–178, set out above, with the exception of section 6(f) and (g), from which were delegated to the Secretary of State only section 6(f)(2)(A) and (g)(1)(B), with the remaining functions and authorities under section 6(f) and (g) delegated to the Administrator of the National Aeronautics and Space Administration, and provided that authorities and functions delegated by the memorandum could be redelegated.]

Application of Authorities Under the International Emergency Economic Powers Act to Communist Chinese Military Companies

Pub. L. 105–261, div. A, title XII, § 1237, Oct. 17, 1998, 112 Stat. 2160, as amended by [Pub. L. 106–398, § 1 [div. A], title XII, § 1233], Oct. 30, 2000, 114 Stat. 1654, 1654A–330; Pub. L. 108–375, div. A, title XII, § 1222, Oct. 28, 2004, 118 Stat. 2089, provided that: “(a) Presidential Authority.—“(1) In general.—The President may exercise IEEPA authorities (other than authorities relating to importation) without regard to section 202 of the International Emergency Economic Powers Act (50 U.S.C. 1701) in the case of any commercial activity in the United States by a person that is on the list published under subsection (b). “(2) Penalties.—The penalties set forth in section 206 of the International Emergency Economic Powers Act (50 U.S.C. 1705) apply to violations of any license, order, or regulation issued under paragraph (1). “(3) Ieepa authorities.—For purposes of paragraph (1), the term ‘IEEPA authorities’ means the authorities set forth in section 203(a) of the International Emergency Economic Powers Act (50 U.S.C. 1702(a)). “(b) Determination and Reporting of Communist Chinese Military Companies Operating in United States.—“(1) Initial determination and reporting.—Not later than March 1, 2001, the Secretary of Defense shall make a determination of those persons operating directly or indirectly in the United States or any of its territories and possessions that are Communist Chinese military companies and shall submit a list of those persons in classified and unclassified form to the following:“(A) The Committee on Armed Services of the House of Representatives. “(B) The Committee on Armed Services of the Senate. “(C) The Secretary of State. “(D) The Secretary of the Treasury. “(E) The Attorney General. “(F) The Secretary of Commerce. “(G) The Secretary of Energy. “(H) The Director of Central Intelligence. “(2) Annual revisions to the list.—The Secretary of Defense shall make additions or deletions to the list submitted under paragraph (1) on an annual basis based on the latest information available and shall submit the updated list not later than February 1, each year to the committees and officers specified in paragraph (1). “(3) Consultation.—The Secretary of Defense shall consult with the following officers in carrying out paragraphs (1) and (2):“(A) The Attorney General. “(B) The Director of Central Intelligence. “(C) The Director of the Federal Bureau of Investigation. “(4) Communist chinese military company.—For purposes of making the determination required by paragraph (1) and of carrying out paragraph (2), the term ‘Communist Chinese military company’ means—“(A) any person identified in the Defense Intelligence Agency publication numbered VP–1920–271–90, dated September 1990, or PC–1921–57–95, dated October 1995, and any update of those publications for the purposes of this section; and “(B) any other person that—“(i) is owned or controlled by, or affiliated with, the People’s Liberation Army or a ministry of the government of the People’s Republic of China or that is owned or controlled by an entity affiliated with the defense industrial base of the People’s Republic of China; and “(ii) is engaged in providing commercial services, manufacturing, producing, or exporting. “(c) People’s Liberation Army.—For purposes of this section, the term ‘People’s Liberation Army’ means the land, naval, and air military services, the police, and the intelligence services of the Communist Government of the People’s Republic of China, and any member of any such service or of such police.”

[Reference to the Director of Central Intelligence or the Director of the Central Intelligence Agency in the Director’s capacity as the head of the intelligence community deemed to be a reference to the Director of National Intelligence. Reference to the Director of Central Intelligence or the Director of the Central Intelligence Agency in the Director’s capacity as the head of the Central Intelligence Agency deemed to be a reference to the Director of the Central Intelligence Agency. See section 1081(a), (b) of Pub. L. 108–458, set out as a note under section 3001 of this title.]

[For termination, effective Dec. 31, 2021, of annual reporting provisions in section 1237(b)(2) of Pub. L. 105–261, set out above, see section 1061 of Pub. L. 114–328, set out as a note under section 111 of Title 10, Armed Forces.]

Iran Sanctions