Imposition of sanctions with respect to Iranian petroleum

Source Credit

(a) In general
On and after the date that is 180 days after April 24, 2024, and except as provided in subsection (e)(2), the President shall impose the sanctions described in subsection (c) with respect to each foreign person that the President determines knowingly engaged, on or after April 24, 2024, in an activity described in subsection (b).
(b) Activities described
A foreign person engages in an activity described in this subsection if the foreign person—
(1) owns or operates a foreign port at which, on or after April 24, 2024, such person knowingly permits to dock a vessel—
(A) that is 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 for transporting Iranian crude oil or petroleum products; or
(B) of which the operator or owner of such vessel otherwise knowingly engages in a significant transaction involving such vessel to transport, offload, or deal in significant transactions in condensate, refined, or unrefined petroleum products, or other petrochemical products originating from the Islamic Republic of Iran;
(2) owns or operates a vessel through which such owner knowingly conducts a ship to ship transfer involving a significant transaction of any petroleum product originating from the Islamic Republic of Iran;
(3) owns or operates a refinery through which such owner knowingly engages in a significant transaction to process, refine, or otherwise deal in any petroleum product originating from the Islamic Republic of Iran;
(4) is a covered family member of a foreign person described in paragraph (1), (2), or (3); or
(5) is owned or controlled by a foreign person described in paragraph (1), (2), or (3), and knowingly engages in an activity described in paragraph (1), (2), or (3).
(c) Sanctions described
The sanctions described in this subsection with respect to a foreign person described in subsection (a) are the following:
(1) Sanctions on foreign vessels
Subject to such regulations as the President may prescribe, the President may prohibit a vessel described in subsection (b)(1)(A) or (b)(1)(B) from landing at any port in the United States—
(A) with respect to a vessel described in subsection (b)(1)(A), for a period of not more than 2 years beginning on the date on which the President imposes sanctions with respect to a related foreign port described in subsection (b)(1)(A); and
(B) with respect to a vessel described in subsection (b)(1)(B), for a period of not more than 2 years.
(2) Blocking of property
The President shall exercise all of the powers granted to the President under the International Emergency Economic Powers Act (50 U.S.C. 1701 et seq.) to the extent necessary to block and prohibit all transactions in property and interests in property of the foreign person 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.
(3) Ineligibility for visas, admission, or parole
(A) Visas, admission, or parole
An alien described in subsection (a) is—
(i) inadmissible to the United States;
(ii) ineligible to receive a visa or other documentation to enter the United States; and
(iii) otherwise ineligible to be admitted or paroled into the United States or to receive any other benefit under the Immigration and Nationality Act (8 U.S.C. 1101 et seq.).
(B) Current visas revoked
(i) In general
An alien described in subsection (a) is subject to revocation of any visa or other entry documentation regardless of when the visa or other entry documentation is or was issued.
(ii) Immediate effect
A revocation under clause (i) shall take effect immediately and automatically cancel any other valid visa or entry documentation that is in the alien's possession.
(C) Exceptions
Sanctions under this paragraph shall not apply with respect to an alien if admitting or paroling the alien into the United States is necessary—
(i) to permit the United States to comply with the Agreement regarding the Headquarters of the United Nations, signed at Lake Success June 26, 1947, and entered into force November 21, 1947, between the United Nations and the United States, or other applicable international obligations; or
(ii) to carry out or assist law enforcement activity in the United States.
(4) Penalties
The penalties provided for in subsections (b) and (c) of section 206 of the International Emergency Economic Powers Act (50 U.S.C. 1705) shall apply to a person that violates, attempts to violate, conspires to violate, or causes a violation of this section or any regulations promulgated to carry out this section to the same extent that such penalties apply to a person that commits an unlawful act described in section 206(a) of that Act.
(d) Rules of construction
(1) For purposes of determinations under subsection (a) that a foreign person engaged in activities described in subsection (b), a foreign person shall not be determined to know that petroleum or petroleum products originated from Iran if such person relied on a certificate of origin or other documentation confirming that the origin of the petroleum or petroleum products was a country other than Iran, unless such person knew or had reason to know that such documentation was falsified.
(2) Nothing in this subchapter shall be construed to affect the availability of any existing authorities to issue waivers, exceptions, exemptions, licenses, or other authorization.
(e) Implementation; regulations
(1) In general
The President may exercise all authorities under sections 203 and 205 of the International Emergency Economic Powers Act (50 U.S.C. 1702 and 1704) for purposes of carrying out this section.
(2) Deadline for regulations
Not later than 180 days after April 24, 2024, the President shall prescribe such regulations as may be necessary for the implementation of this subchapter.
(3) Notification to Congress
Not later than 10 days before the prescription of regulations under paragraph (2), the President shall brief and provide written notification to the appropriate congressional committees regarding—
(A) the proposed regulations; and
(B) the specific provisions of this subchapter that the regulations are implementing.
(f) Exception for humanitarian assistance
(1) In general
Sanctions under this section shall not apply to—
(A) the conduct or facilitation of a transaction for the provision of agricultural commodities, food, medicine, medical devices, or humanitarian assistance, or for humanitarian purposes; or
(B) transactions that are necessary for or related to the activities described in subparagraph (A).
(2) Definitions
In this subsection:
(A) Agricultural commodity
The term "agricultural commodity" has the meaning given that term in section 5602 of title 7.
(B) Medical device
The term "medical device" has the meaning given the term "device" in section 321 of title 21.
(C) Medicine
The term "medicine" has the meaning given the term "drug" in section 321 of title 21.
(g) Exception for safety of vessels and crew
Sanctions under this section shall not apply with respect to a person providing provisions to a vessel otherwise subject to sanctions under this section if such provisions are intended for the safety and care of the crew aboard the vessel, the protection of human life aboard the vessel, or the maintenance of the vessel to avoid any environmental or other significant damage.
(h) Waiver
(1) In general
The President may, on a case-by-case basis and for periods not to exceed 180 days each, waive the application of sanctions imposed with respect to a foreign person under this section if the President certifies to the appropriate congressional committees, not later than 15 days after such waiver is to take effect, that the waiver is vital to the national interests of the United States.
(2) Special rule
The President shall not be required to impose sanctions under this section with respect to a foreign person described in subsection (a) if the President certifies in writing to the appropriate congressional committees that the foreign person—
(A) is no longer engaging in activities described in subsection (b); or
(B) has taken and is continuing to take significant, verifiable steps toward permanently terminating such activities.
(i) Termination
The authorities provided by this section shall cease to have effect on and after the date that is 30 days after the date on which the President certifies to the appropriate congressional committees that—
(1) the Government of Iran no longer repeatedly provides support for international terrorism as determined by the Secretary of State pursuant to—
(A) section 4813(c)(1)(A) of title 50;
(B) section 2371 of this title;
(C) section 2780 of this title; or
(D) any other provision of law; and
(2) Iran has ceased the pursuit, acquisition, and development of, and verifiably dismantled, its nuclear, biological, and chemical weapons, ballistic missiles, and ballistic missile launch technology.

History

(Pub. L. 118–50, div. J, §3, Apr. 24, 2024, 138 Stat. 963.)

Editorial Notes

Editorial Notes

References in Text
The International Emergency Economic Powers Act, referred to in subsec. (c)(2), is title II of Pub. L. 95–223, Dec. 28, 1977, 91 Stat. 1626, which is classified generally to chapter 35 (§1701 et seq.) of Title 50, War and National Defense. For complete classification of this Act to the Code, see Short Title note set out under section 1701 of Title 50 and Tables.
The Immigration and Nationality Act, referred to in subsec. (c)(3)(A)(iii), is act June 27, 1952, ch. 477, 66 Stat. 163, which is classified principally to chapter 12 (§1101 et seq.) of Title 8, Aliens and Nationality. For complete classification of this Act to the Code, see Short Title note set out under section 1101 of Title 8 and Tables.

Codification
Section was enacted as part of the Stop Harboring Iranian Petroleum Act, also known as the SHIP Act, and not as part of the Comprehensive Iran Sanctions, Accountability, and Divestment Act of 2010 which comprises this chapter.

Executive Documents

Delegation of Functions
Memorandum of President of the United States, §1, Sept. 13, 2024, 89 F.R. 77757, provided:
(a) I hereby delegate to the Secretary of the Treasury, in consultation with the Secretary of State, the functions and authorities vested in the President by sections 3(a), 3(c)(1), and 3(e) of the Stop Harboring Iranian Petroleum Act (Division J of Public Law 118–50) (the "SHIP Act") [22 U.S.C. 8572(a), (c)(1), (e)].
(b) I hereby delegate to the Secretary of the Treasury the functions and authorities vested in the President by section 3(c)(2) of the SHIP Act.
(c) I hereby delegate to the Secretary of State the functions and authorities vested in the President by sections 3(h) and 3(i) of the SHIP Act.