View all text of Subchapter III [§ 8741 - § 8744]
§ 8742. Identification of, and imposition of sanctions with respect to, persons that support or conduct certain transactions with Iran’s Revolutionary Guard Corps or other sanctioned persons
(a) Identification
(1) In generalNot later than 90 days after August 10, 2012, and every 180 days thereafter, the President shall submit to the appropriate congressional committees a report identifying foreign persons that the President determines, on or after August 10, 2012, knowingly—
(A) materially assist, sponsor, or provide financial, material, or technological support for, or goods or services in support of, Iran’s Revolutionary Guard Corps or any of its officials, agents, or affiliates the property and interests in property of which are blocked pursuant to the International Emergency Economic Powers Act (50 U.S.C. 1701 et seq.);
(B) engage in a significant transaction or transactions with Iran’s Revolutionary Guard Corps or any of its officials, agents, or affiliates—
(i) the property and interests in property of which are blocked pursuant to that Act; or
(ii) that are identified under section 8741(a)(1) of this title or pursuant to paragraph (4)(A) of section 8513(c) of this title, as added by section 312; or
(C) engage in a significant transaction or transactions with—
(i) a person subject to financial sanctions pursuant to United Nations Security Council Resolution 1737 (2006), 1747 (2007), 1803 (2008), or 1929 (2010), or any other resolution that is adopted by the Security Council and imposes sanctions with respect to Iran or modifies such sanctions; or
(ii) a person acting on behalf of or at the direction of, or owned or controlled by, a person described in clause (i).
(2) Form of report
(3) Barter transactions
(b) Imposition of sanctionsIf the President determines under subsection (a)(1) that a foreign person has knowingly engaged in an activity described in that subsection, the President—
(1) shall impose 5 or more of the sanctions described in section 6(a) of the Iran Sanctions Act of 1996, as amended by section 204; and
(2) may impose additional sanctions pursuant to the International Emergency Economic Powers Act (50 U.S.C. 1701 et seq.) with respect to the person.
(c) TerminationThe President may terminate a sanction imposed with respect to a foreign person pursuant to subsection (b) if the President determines that the person—
(1) no longer engages in the activity for which the sanction was imposed; and
(2) has provided assurances to the President that the person will not engage in any activity described in subsection (a)(1) in the future.
(d) Waiver of imposition of sanctions
(1) In generalThe President may waive the imposition of sanctions under subsection (b) with respect to a foreign person if the President—
(A)
(i) determines that the person has ceased the activity for which sanctions would otherwise be imposed and has taken measures to prevent a recurrence of the activity; or
(ii) determines that it is essential to the national security interests of the United States to do so; and
(B) submits to the appropriate congressional committees a report that—
(i) identifies the foreign person with respect to which the waiver applies;
(ii) describes the activity that would otherwise subject the foreign person to the imposition of sanctions under subsection (b); and
(iii) sets forth the reasons for the determination.
(2) Form of report
(e) Waiver of identifications and designationsNotwithstanding any other provision of this subchapter and subject to paragraph (2), the President shall not be required to make any identification of a foreign person under subsection (a) or any identification or designation of a foreign person under section 8741(a) of this title if the President—
(1) determines that doing so would cause damage to the national security of the United States; and
(2) notifies the appropriate congressional committees of the exercise of the authority provided under this subsection.
(f) Application of provisions of Iran Sanctions Act of 1996The following provisions of the Iran Sanctions Act of 1996, as amended by this Act, apply with respect to the imposition under subsection (b)(1) of sanctions relating to activities described in subsection (a)(1) to the same extent that such provisions apply with respect to the imposition of sanctions under section 5(a) of the Iran Sanctions Act of 1996:
(1) Subsections (c) and (e) of section 4.
(2) Subsections (c), (d), and (f) of section 5.
(3) Section 8.
(4) Section 9.
(5) Section 11.
(6) Section 12.
(7) Subsection (b) of section 13.
(8) Section 14.
(Pub. L. 112–158, title III, § 302, Aug. 10, 2012, 126 Stat. 1243.)