Sanctions
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(a) In general The President may impose the sanctions described in subsection (b) with respect to any foreign person the President determines, on or after the date of the enactment of this Act— (1) to be responsible for, complicit in, or to have directly or indirectly engaged in or facilitated— (A) actions that threaten the peace, security, stability, or territorial integrity of Sudan; (B) the supply, sale, or transfer of arms or any related materiel, or any assistance, advice, or training related to military activities to— (i) the Sudanese Armed Forces; (ii) the Rapid Support Forces; or (iii) non-State armed groups operating in Sudan; (C) the use or recruitment of child soldiers; (D) directing, leading, or enabling the presence of foreign military forces or non-state armed groups in Sudan; (E) aiding or abetting Sudanese Armed Forces or Rapid Support Forces by— (i) providing financial support or a safe haven; or (ii) contributing to the concealment of their crimes; (F) actions that obstruct, undermine, delay, or have the purpose or effect of undermining a political process aimed at securing a ceasefire, peace, or political resolution to the conflict in Sudan; (G) the commission of atrocities or other gross violations of internationally recognized human rights (as defined in section 1262 of the Global Magnitsky Human Rights Accountability Act (subtitle F of title XII of Public Law 114–328; 22 U.S.C. 10101)); (H) the smuggling or trafficking of natural resources from or through Sudan, including gold and gum arabic; (I) actions that constitute a violation of the arms embargo under United Nations Security Council Resolutions 1556 (2004) and 1591 (2005), including facilitating financial transactions in furtherance of such actions or facilitating any export, reexport, transshipment, or transfer in furtherance of such actions; (J) the targeting of civilians, including women and children, through the commission of acts of violence (including killing, maiming, torture, or rape or other sexual violence), abduction, forced displacement, or attacks on schools, hospitals, religious sites, or locations where civilians are seeking refuge or aid provided by domestic or international actors; (K) the obstruction of activities of, or attacks on, the United Nations, bilateral or multilateral diplomatic missions, or international humanitarian organizations, or their personnel; (L) the operation of private military companies that are contributing to violence against civilians in Sudan; (M) the obstruction of the delivery or distribution of, or access to, humanitarian assistance, including by force, intimidation, theft, coercion, or bureaucratic means; (N) significant efforts to impede investigations or prosecutions of alleged gross abuses of internationally recognized human rights in Sudan; or (O) actions or policies that obstruct, undermine, delay, or impede, or pose a significant risk of obstructing, undermining, delaying, or impeding, the formation or operation of a civilian government; (2) (A) to have materially assisted, sponsored, or provided financial, material, or technological support for, or goods or services to or in support of— (i) any activity described in this section; and (ii) any person whose property and interests in property are blocked pursuant to this section; or (B) to be owned or controlled by, or to have acted or purported to act for or on behalf of (directly or indirectly) any person whose property and interests in property are blocked pursuant to this section; or (3) forms an entity for the purpose of evading sanctions that would otherwise be imposed pursuant to this section. (b) Sanctions; exceptions (1) Sanctions (A) Asset blocking Notwithstanding section 202 of the International Emergency Economic Powers Act (50 U.S.C. 1701), the President may exercise all of the powers granted to the President by such Act to the extent necessary to block and prohibit all transactions in all property and interests in property of a foreign person the President determines meets 1 or more of the criteria described in subsection (a) 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. (B) Prohibitions on financial transactions Notwithstanding the requirements under section 202 of the International Emergency Economic Powers Act (50 U.S.C. 1701), the President may exercise all powers granted to the President by such Act to the extent necessary— (i) to prohibit any United States financial institution from making loans or providing credit to the foreign person; or (ii) to prohibit any transactions in foreign exchange that are subject to the jurisdiction of the United States and in which the foreign person has any interest. (C) Aliens inadmissible for visas, admission, or parole (i) Visas, admission, or parole An alien is described in this clause if the Secretary of State or the Secretary of Homeland Security (or a designee of either such Secretary) knows, or has reason to believe the alien— (I) meets any of the criteria described in subsection (a); and (II) (aa) is inadmissible to the United States; (bb) is ineligible to receive a visa or other documentation to enter the United States; or (cc) is 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.). (ii) Current visas revoked (I) In general The issuing consular officer, the Secretary of State, or a designee of the Secretary of State, in accordance with section 221(i) of the Immigration and Nationality Act (8 U.S.C. 1201(i)), shall revoke any visa or other entry documentation issued to an alien described in clause (i) regardless of when the visa or other entry documentation was issued. (II) Effect of revocation Each revocation under subclause (I) shall— (aa) take effect immediately; and (bb) automatically cancel any other valid visa or entry documentation that is in the alien’s possession. (2) Penalties Any person that commits, attempts to commit, conspires to commit, or causes the commission of an action described in subsection (a) shall be subject to the penalties set forth in subsections (b) and (c) of section 206 of the International Emergency Economic Powers Act (50 U.S.C. 1705) to the same extent as a person that commits an unlawful act described in subsection (a) of such section. (3) Implementation The President— (A) may exercise all authorities provided under sections 203 and 205 of the International Emergency Economic Powers Act (50 U.S.C. 1702 and 1704) to carry out this section; and (B) shall issue such regulations, licenses, and orders as may be necessary to carry out this section. (4) Exception to comply with United Nations Headquarters Agreement Sanctions described in paragraph (1)(B) shall not apply with respect to an alien if admitting or paroling the alien into the United States is necessary 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. (5) Exception to comply with intelligence and law enforcement activities Sanctions under this section shall not apply to any activity subject to— (A) 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; or (B) to carry out or assist any authorized law enforcement activities of the United States. (6) Exception for humanitarian assistance (A) Definitions In this paragraph: (i) Agricultural commodity The term agricultural commodity has the meaning given such 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). (B) In general Sanctions under this section 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 any activity described in clause (i). (7) Exception relating to the importation of goods (A) 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. (B) In general A requirement to block and prohibit all transactions in all property and interests in property under this section shall not include the authority or a requirement to impose sanctions on the importation of goods.
(a) In general The President may impose the sanctions described in subsection (b) with respect to any foreign person the President determines, on or after the date of the enactment of this Act— (1) to be responsible for, complicit in, or to have directly or indirectly engaged in or facilitated— (A) actions that threaten the peace, security, stability, or territorial integrity of Sudan; (B) the supply, sale, or transfer of arms or any related materiel, or any assistance, advice, or training related to military activities to— (i) the Sudanese Armed Forces; (ii) the Rapid Support Forces; or (iii) non-State armed groups operating in Sudan; (C) the use or recruitment of child soldiers; (D) directing, leading, or enabling the presence of foreign military forces or non-state armed groups in Sudan; (E) aiding or abetting Sudanese Armed Forces or Rapid Support Forces by— (i) providing financial support or a safe haven; or (ii) contributing to the concealment of their crimes; (F) actions that obstruct, undermine, delay, or have the purpose or effect of undermining a political process aimed at securing a ceasefire, peace, or political resolution to the conflict in Sudan; (G) the commission of atrocities or other gross violations of internationally recognized human rights (as defined in section 1262 of the Global Magnitsky Human Rights Accountability Act (subtitle F of title XII of Public Law 114–328; 22 U.S.C. 10101)); (H) the smuggling or trafficking of natural resources from or through Sudan, including gold and gum arabic; (I) actions that constitute a violation of the arms embargo under United Nations Security Council Resolutions 1556 (2004) and 1591 (2005), including facilitating financial transactions in furtherance of such actions or facilitating any export, reexport, transshipment, or transfer in furtherance of such actions; (J) the targeting of civilians, including women and children, through the commission of acts of violence (including killing, maiming, torture, or rape or other sexual violence), abduction, forced displacement, or attacks on schools, hospitals, religious sites, or locations where civilians are seeking refuge or aid provided by domestic or international actors; (K) the obstruction of activities of, or attacks on, the United Nations, bilateral or multilateral diplomatic missions, or international humanitarian organizations, or their personnel; (L) the operation of private military companies that are contributing to violence against civilians in Sudan; (M) the obstruction of the delivery or distribution of, or access to, humanitarian assistance, including by force, intimidation, theft, coercion, or bureaucratic means; (N) significant efforts to impede investigations or prosecutions of alleged gross abuses of internationally recognized human rights in Sudan; or (O) actions or policies that obstruct, undermine, delay, or impede, or pose a significant risk of obstructing, undermining, delaying, or impeding, the formation or operation of a civilian government; (2) (A) to have materially assisted, sponsored, or provided financial, material, or technological support for, or goods or services to or in support of— (i) any activity described in this section; and (ii) any person whose property and interests in property are blocked pursuant to this section; or (B) to be owned or controlled by, or to have acted or purported to act for or on behalf of (directly or indirectly) any person whose property and interests in property are blocked pursuant to this section; or (3) forms an entity for the purpose of evading sanctions that would otherwise be imposed pursuant to this section. (b) Sanctions; exceptions (1) Sanctions (A) Asset blocking Notwithstanding section 202 of the International Emergency Economic Powers Act (50 U.S.C. 1701), the President may exercise all of the powers granted to the President by such Act to the extent necessary to block and prohibit all transactions in all property and interests in property of a foreign person the President determines meets 1 or more of the criteria described in subsection (a) 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. (B) Prohibitions on financial transactions Notwithstanding the requirements under section 202 of the International Emergency Economic Powers Act (50 U.S.C. 1701), the President may exercise all powers granted to the President by such Act to the extent necessary— (i) to prohibit any United States financial institution from making loans or providing credit to the foreign person; or (ii) to prohibit any transactions in foreign exchange that are subject to the jurisdiction of the United States and in which the foreign person has any interest. (C) Aliens inadmissible for visas, admission, or parole (i) Visas, admission, or parole An alien is described in this clause if the Secretary of State or the Secretary of Homeland Security (or a designee of either such Secretary) knows, or has reason to believe the alien— (I) meets any of the criteria described in subsection (a); and (II) (aa) is inadmissible to the United States; (bb) is ineligible to receive a visa or other documentation to enter the United States; or (cc) is 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.). (ii) Current visas revoked (I) In general The issuing consular officer, the Secretary of State, or a designee of the Secretary of State, in accordance with section 221(i) of the Immigration and Nationality Act (8 U.S.C. 1201(i)), shall revoke any visa or other entry documentation issued to an alien described in clause (i) regardless of when the visa or other entry documentation was issued. (II) Effect of revocation Each revocation under subclause (I) shall— (aa) take effect immediately; and (bb) automatically cancel any other valid visa or entry documentation that is in the alien’s possession. (2) Penalties Any person that commits, attempts to commit, conspires to commit, or causes the commission of an action described in subsection (a) shall be subject to the penalties set forth in subsections (b) and (c) of section 206 of the International Emergency Economic Powers Act (50 U.S.C. 1705) to the same extent as a person that commits an unlawful act described in subsection (a) of such section. (3) Implementation The President— (A) may exercise all authorities provided under sections 203 and 205 of the International Emergency Economic Powers Act (50 U.S.C. 1702 and 1704) to carry out this section; and (B) shall issue such regulations, licenses, and orders as may be necessary to carry out this section. (4) Exception to comply with United Nations Headquarters Agreement Sanctions described in paragraph (1)(B) shall not apply with respect to an alien if admitting or paroling the alien into the United States is necessary 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. (5) Exception to comply with intelligence and law enforcement activities Sanctions under this section shall not apply to any activity subject to— (A) 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; or (B) to carry out or assist any authorized law enforcement activities of the United States. (6) Exception for humanitarian assistance (A) Definitions In this paragraph: (i) Agricultural commodity The term agricultural commodity has the meaning given such 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). (B) In general Sanctions under this section 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 any activity described in clause (i). (7) Exception relating to the importation of goods (A) 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. (B) In general A requirement to block and prohibit all transactions in all property and interests in property under this section shall not include the authority or a requirement to impose sanctions on the importation of goods.
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