22 U.S.C. § 8803 - Imposition of sanctions with respect to the energy, shipping, and shipbuilding sectors of Iran
(a)
Findings
Congress makes the following findings:
(1)
Iran’s energy, shipping, and shipbuilding sectors and Iran’s ports are facilitating the Government of Iran’s nuclear proliferation activities by providing revenue to support proliferation activities.
(2)
The United Nations Security Council and the United States Government have expressed concern about the proliferation risks presented by the Iranian nuclear program.
(3)
The Director General of the International Atomic Energy Agency (in this section referred to as the “IAEA”) has in successive reports (GOV/2012/37 and GOV/2011/65) identified possible military dimensions of Iran’s nuclear program.
(4)
The Government of Iran continues to defy the requirements and obligations contained in relevant IAEA Board of Governors and United Nations Security Council resolutions, including by continuing and expanding uranium enrichment activities in Iran, as reported in IAEA Report GOV/2012/37.
(5)
United Nations Security Council Resolution 1929 (2010) recognizes the “potential connection between Iran’s revenues derived from its energy sector and the funding of Iran’s proliferation sensitive nuclear activities”.
(6)
The National Iranian Tanker Company is the main carrier for the Iranian Revolutionary Guard Corps-designated National Iranian Oil Company and a key element in the petroleum supply chain responsible for generating energy revenues that support the illicit nuclear proliferation activities of the Government of Iran.
(b)
Designation of ports and entities in the energy, shipping, and shipbuilding sectors of Iran as entities of proliferation concern
Entities that operate ports in Iran and entities in the energy, shipping, and shipbuilding sectors of Iran, including the National Iranian Oil Company, the National Iranian Tanker Company, the Islamic Republic of Iran Shipping Lines, and their affiliates, play an important role in Iran’s nuclear proliferation efforts and all such entities are hereby designated as entities of proliferation concern.
(c)
Blocking of property of entities in energy, shipping, and shipbuilding sectors
(1)
Blocking of property
(A)
In general
On and after the date that is 180 days after January 2, 2013, the President shall block and prohibit all transactions in all property and interests in property of any person described in paragraph (2) if such property and interests in property are in the United States, come within the United States, or are or come within the possession or control of a United States person.
(2)
Persons described
A person is described in this paragraph if the President determines that the person, on or after the date that is 180 days after January 2, 2013—
(C)
knowingly provides significant financial, material, technological, or other support to, or goods or services in support of any activity or transaction on behalf of or for the benefit of—
(3)
Iranian financial institutions described
An Iranian financial institution described in this paragraph is an Iranian financial institution that has not been designated for the imposition of sanctions in connection with—
(d)
Additional sanctions with respect to the energy, shipping, and shipbuilding sectors of Iran
(1)
Sale, supply, or transfer of certain goods and services
(A)
In general
Except as provided in this section, the President shall impose 5 or more of the sanctions described in section 6(a) of the Iran Sanctions Act of 1996 (Public Law 104–172; 50 U.S.C. 1701 note) with respect to a person if the President determines that the person knowingly, on or after the date that is 180 days after January 2, 2013, sells, supplies, or transfers to or from Iran goods or services described in paragraph (3).
(B)
Exception
The requirement to impose sanctions under subparagraph (A) shall not include the authority to impose sanctions relating to the importation of goods under paragraph (8)(A) or (12) of section 6(a) of the Iran Sanctions Act of 1996, and any sanction relating to the importation of goods shall not count for purposes of the requirement to impose sanctions under subparagraph (A).
(2)
Facilitation of certain transactions
Except as provided in this section, the President shall prohibit the opening, and prohibit or impose strict conditions on the maintaining, in the United States of a correspondent account or a payable-through account by a foreign financial institution that the President determines knowingly, on or after the date that is 180 days after January 2, 2013, conducts or facilitates a significant financial transaction for the sale, supply, or transfer to or from Iran of goods or services described in paragraph (3).
(3)
Goods and services described
Goods or services described in this paragraph are significant goods or services used in connection with the energy, shipping, or shipbuilding sectors of Iran, including the National Iranian Oil Company, the National Iranian Tanker Company, and the Islamic Republic of Iran Shipping Lines.
(e)
Humanitarian exception
The President may not impose sanctions under this section with respect to any person for conducting or facilitating a transaction for the sale of agricultural commodities, food, medicine, or medical devices to Iran or for the provision of humanitarian assistance to the people of Iran.
(f)
Exception for Afghanistan reconstruction
The President may provide for an exception from the imposition of sanctions under this section for reconstruction assistance or economic development for Afghanistan—
(g)
Applicability of sanctions to petroleum and petroleum products
(1)
In general
Except as provided in paragraph (2), this section shall apply with respect to the purchase of petroleum or petroleum products from Iran only if, at the time of the purchase, a determination of the President under section
8513a
(d)(4)(B) of this title that the price and supply of petroleum and petroleum products produced in countries other than Iran is sufficient to permit purchasers of petroleum and petroleum products from Iran to reduce significantly their purchases from Iran is in effect.
(2)
Exception for certain countries
(A)
Exportation
This section shall not apply with respect to the exportation of petroleum or petroleum products from Iran to a country to which the exception under section
8513a
(d)(4)(D)(i) of this title applies at the time of the exportation of the petroleum or petroleum products.
(B)
Financial transactions
(i)
In general
This section shall not apply with respect to a financial transaction described in clause (ii) conducted or facilitated by a foreign financial institution if, at the time of the transaction, the exception under section
8513a
(d)(4)(D)(i) of this title applies to the country with primary jurisdiction over the foreign financial institution.
(h)
Applicability of sanctions to natural gas
(1)
Sale, supply, or transfer
Except as provided in paragraph (2), this section shall not apply to the sale, supply, or transfer to or from Iran of natural gas.
(a)
Findings
Congress makes the following findings:
(1)
Iran’s energy, shipping, and shipbuilding sectors and Iran’s ports are facilitating the Government of Iran’s nuclear proliferation activities by providing revenue to support proliferation activities.
(2)
The United Nations Security Council and the United States Government have expressed concern about the proliferation risks presented by the Iranian nuclear program.
(3)
The Director General of the International Atomic Energy Agency (in this section referred to as the “IAEA”) has in successive reports (GOV/2012/37 and GOV/2011/65) identified possible military dimensions of Iran’s nuclear program.
(4)
The Government of Iran continues to defy the requirements and obligations contained in relevant IAEA Board of Governors and United Nations Security Council resolutions, including by continuing and expanding uranium enrichment activities in Iran, as reported in IAEA Report GOV/2012/37.
(5)
United Nations Security Council Resolution 1929 (2010) recognizes the “potential connection between Iran’s revenues derived from its energy sector and the funding of Iran’s proliferation sensitive nuclear activities”.
(6)
The National Iranian Tanker Company is the main carrier for the Iranian Revolutionary Guard Corps-designated National Iranian Oil Company and a key element in the petroleum supply chain responsible for generating energy revenues that support the illicit nuclear proliferation activities of the Government of Iran.
(b)
Designation of ports and entities in the energy, shipping, and shipbuilding sectors of Iran as entities of proliferation concern
Entities that operate ports in Iran and entities in the energy, shipping, and shipbuilding sectors of Iran, including the National Iranian Oil Company, the National Iranian Tanker Company, the Islamic Republic of Iran Shipping Lines, and their affiliates, play an important role in Iran’s nuclear proliferation efforts and all such entities are hereby designated as entities of proliferation concern.
(c)
Blocking of property of entities in energy, shipping, and shipbuilding sectors
(1)
Blocking of property
(A)
In general
On and after the date that is 180 days after January 2, 2013, the President shall block and prohibit all transactions in all property and interests in property of any person described in paragraph (2) if such property and interests in property are in the United States, come within the United States, or are or come within the possession or control of a United States person.
(2)
Persons described
A person is described in this paragraph if the President determines that the person, on or after the date that is 180 days after January 2, 2013—
(C)
knowingly provides significant financial, material, technological, or other support to, or goods or services in support of any activity or transaction on behalf of or for the benefit of—
(3)
Iranian financial institutions described
An Iranian financial institution described in this paragraph is an Iranian financial institution that has not been designated for the imposition of sanctions in connection with—
(d)
Additional sanctions with respect to the energy, shipping, and shipbuilding sectors of Iran
(1)
Sale, supply, or transfer of certain goods and services
(A)
In general
Except as provided in this section, the President shall impose 5 or more of the sanctions described in section 6(a) of the Iran Sanctions Act of 1996 (Public Law 104–172; 50 U.S.C. 1701 note) with respect to a person if the President determines that the person knowingly, on or after the date that is 180 days after January 2, 2013, sells, supplies, or transfers to or from Iran goods or services described in paragraph (3).
(B)
Exception
The requirement to impose sanctions under subparagraph (A) shall not include the authority to impose sanctions relating to the importation of goods under paragraph (8)(A) or (12) of section 6(a) of the Iran Sanctions Act of 1996, and any sanction relating to the importation of goods shall not count for purposes of the requirement to impose sanctions under subparagraph (A).
(2)
Facilitation of certain transactions
Except as provided in this section, the President shall prohibit the opening, and prohibit or impose strict conditions on the maintaining, in the United States of a correspondent account or a payable-through account by a foreign financial institution that the President determines knowingly, on or after the date that is 180 days after January 2, 2013, conducts or facilitates a significant financial transaction for the sale, supply, or transfer to or from Iran of goods or services described in paragraph (3).
(3)
Goods and services described
Goods or services described in this paragraph are significant goods or services used in connection with the energy, shipping, or shipbuilding sectors of Iran, including the National Iranian Oil Company, the National Iranian Tanker Company, and the Islamic Republic of Iran Shipping Lines.
(e)
Humanitarian exception
The President may not impose sanctions under this section with respect to any person for conducting or facilitating a transaction for the sale of agricultural commodities, food, medicine, or medical devices to Iran or for the provision of humanitarian assistance to the people of Iran.
(f)
Exception for Afghanistan reconstruction
The President may provide for an exception from the imposition of sanctions under this section for reconstruction assistance or economic development for Afghanistan—
(g)
Applicability of sanctions to petroleum and petroleum products
(1)
In general
Except as provided in paragraph (2), this section shall apply with respect to the purchase of petroleum or petroleum products from Iran only if, at the time of the purchase, a determination of the President under section
8513a
(d)(4)(B) of this title that the price and supply of petroleum and petroleum products produced in countries other than Iran is sufficient to permit purchasers of petroleum and petroleum products from Iran to reduce significantly their purchases from Iran is in effect.
(2)
Exception for certain countries
(A)
Exportation
This section shall not apply with respect to the exportation of petroleum or petroleum products from Iran to a country to which the exception under section
8513a
(d)(4)(D)(i) of this title applies at the time of the exportation of the petroleum or petroleum products.
(B)
Financial transactions
(i)
In general
This section shall not apply with respect to a financial transaction described in clause (ii) conducted or facilitated by a foreign financial institution if, at the time of the transaction, the exception under section
8513a
(d)(4)(D)(i) of this title applies to the country with primary jurisdiction over the foreign financial institution.
(h)
Applicability of sanctions to natural gas
(1)
Sale, supply, or transfer
Except as provided in paragraph (2), this section shall not apply to the sale, supply, or transfer to or from Iran of natural gas.
Source
(Pub. L. 112–239, div. A, title XII, § 1244,Jan. 2, 2013, 126 Stat. 2006.)
The table below lists the classification updates, since Jan. 3, 2012, for this section. Updates to a broader range of sections may be found at the update page for containing chapter, title, etc.
The most recent Classification Table update that we have noticed was Tuesday, May 21, 2013
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| 22 USC | Description of Change | Session Year | Public Law | Statutes at Large |
|---|---|---|---|---|
| § 8803 | new | 2012 | 112-239 [Sec.] 1244 | 126 Stat. 2006 |
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