Exceptions; waivers
Title I — Sanctions with respect to the Russian Federation › Subtitle D — General provisions
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(a) Exceptions (1) Exception relating to importation of goods (A) In general A requirement to block and prohibit all transactions in all property and interests in property under this title shall not include the authority or a requirement to impose sanctions on the importation of goods. (B) Good In this paragraph, the term good means any article, natural or manmade substance, material, supply, or manufactured product, including inspection and test equipment, and excluding technical data. (2) Exception to comply with united nations headquarters agreement and law enforcement activities Sanctions under this title shall not apply with respect to the admission of an alien to the United States if admitting or paroling the alien into the United States is necessary— (A) 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 of the United States; or (B) to carry out or assist authorized law enforcement activity in the United States. (3) Exception to comply with intelligence activities Sanctions under this title shall not apply to any activity subject to the reporting requirements under title V of the National Security Act of 1947 (50 U.S.C. 3091 et seq.) or any authorized intelligence activities of the United States. (4) Humanitarian assistance (A) In general Sanctions under this title shall not apply to— (i) the conduct or facilitation of a transaction for the provision of agricultural commodities, food, medicine, medical devices, humanitarian assistance, or for humanitarian purposes; or (ii) transactions that are necessary for or related to the activities described in clause (i). (B) Definitions In this paragraph: (i) Agricultural commodity The term agricultural commodity has the meaning given that term in section 102 of the Agricultural Trade Act of 1978 (7 U.S.C. 5602). (ii) Medical device The term medical device has the meaning given the term device in section 201 of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 321). (iii) Medicine The term medicine has the meaning given the term drug in section 201 of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 321). (5) Exception for safety of vessels and crew Sanctions under this title shall not apply with respect to a person providing provisions to a vessel otherwise subject to sanctions under this title 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. (6) Annual report Not later than 1 year after the date of the enactment of this Act, and annually thereafter, the President shall submit to the appropriate congressional committees a report that describes each activity that would be sanctionable under this title if not covered by an exception under this subsection. (b) 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 vessel or a foreign person under this title 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 in the national security interests of the United States. (2) Certification The President shall not be required to impose sanctions under this title with respect to a foreign person who has engaged in activity subject to sanctions under this title if the President certifies in writing to the appropriate congressional committees that the foreign person— (A) is no longer engaging in such activities; or (B) has taken and is continuing to take significant, verifiable steps toward permanently terminating such activities. (c) Rule of construction Nothing in this section shall be construed to affect the availability of any existing authorities to issue waivers, exceptions, exemptions, licenses, or other authorization.
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