22 USC 8803 - Imposition of sanctions with respect to the energy, shipping, and shipbuilding sectors of Iran

U.S Code last checked for updates: Nov 22, 2024

§ 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

(c)

Blocking of property of entities in energy, shipping, and shipbuilding sectors

(1)

Blocking of property

(A)

In general

(B)

Exception

(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—

(A)

is part of the energy, shipping, or shipbuilding sectors of Iran;

(B)

operates a port in Iran; or

(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—

(i)

a person determined under subparagraph (A) to be a part of the energy, shipping, or shipbuilding sectors of Iran;

(ii)

a person determined under subparagraph (B) to operate a port in Iran; or

(iii)

an Iranian person included on the list of specially designated nationals and blocked persons maintained by the Office of Foreign Assets Control of the Department of the Treasury (other than an Iranian financial institution described in paragraph (3)).

(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—

(A)

Iran’s proliferation of weapons of mass destruction or delivery systems for weapons of mass destruction;

(B)

Iran’s support for international terrorism; or

(C)

Iran’s abuses of human rights.

(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

(B)

Exception

(2)

Facilitation of certain transactions

(3)

Goods and services described

(e)

Humanitarian exception

(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—

(1)

to the extent that the President determines that such an exception is in the national interest of the United States; and

(2)

if the President submits to the appropriate congressional committees a notification of and justification for the exception not later than 15 days before issuing the exception.

(g)

Applicability of sanctions to petroleum and petroleum products

(1)

In general

(2)

Exception for certain countries

(A)

Exportation

(B)

Financial transactions

(i)

In general

(ii)

Financial transactions described

A financial transaction conducted or facilitated by a foreign financial institution is described in this clause if—

(I)

the financial transaction is only for trade in goods or services—

(aa)

not otherwise subject to sanctions under the law of the United States; and

(bb)

between the country with primary jurisdiction over the foreign financial institution and Iran; and

(II)

any funds owed to Iran as a result of such trade are credited to an account located in the country with primary jurisdiction over the foreign financial institution.

(h)

Applicability of sanctions to natural gas

(1)

Sale, supply, or transfer

(2)

Financial transactions

This section shall apply to a foreign financial institution that conducts or facilitates a financial transaction for the sale, supply, or transfer to or from Iran of natural gas unless—

(A)

the financial transaction is only for trade in goods or services—

(i)

not otherwise subject to sanctions under the law of the United States; and

(ii)

between the country with primary jurisdiction over the foreign financial institution and Iran; and

(B)

any funds owed to Iran as a result of such trade are credited to an account located in the country with primary jurisdiction over the foreign financial institution.

(i)

Waiver

(1)

In general

The President may waive the imposition of sanctions under this section for a period of not more than 180 days, and may renew that waiver for additional periods of not more than 180 days, if the President—

(A)

determines that such a waiver is vital to the national security of the United States; and

(B)

submits to the appropriate congressional committees a report providing a justification for the waiver.

(2)

Form of report

(Pub. L. 112–239, div. A, title XII, § 1244, Jan. 2, 2013, 126 Stat. 2006.)

cite as: 22 USC 8803