CHAPTER 79—TRADE SANCTIONS REFORM AND EXPORT ENHANCEMENT
Sec.
7201.Definitions.
7202.Restriction.
7203.Exceptions.
7204.Termination of sanctions.
7205.State sponsors of international terrorism.
7206.Congressional procedures.
7207.Prohibition on United States assistance and financing.
7208.Prohibition on additional imports from Cuba.
7209.Requirements relating to certain travel-related transactions with Cuba.
7210.Application of the Trade Sanctions Reform and Export Enhancement Act.
7211.Technical clarification relating to provision of material support to terrorism.
§7201. Definitions
In this chapter:
(1) Agricultural commodity
The term "agricultural commodity" has the meaning given the term in section 102 of the Agricultural Trade Act of 1978 (7 U.S.C. 5602).
(2) Agricultural program
The term "agricultural program" means—
(A) any program administered under the Food for Peace Act (7 U.S.C. 1691 et seq.);
(B) any program administered under section 1431 of title 7;
(C) any program administered under the Agricultural Trade Act of 1978 (7 U.S.C. 5601 et seq.);
(D) any commercial export sale of agricultural commodities; or
(E) any export financing (including credits or credit guarantees) provided by the United States Government for agricultural commodities.
(3) Joint resolution
The term "joint resolution" means—
(A) in the case of section 7202(a)(1) of this title, only a joint resolution introduced within 10 session days of Congress after the date on which the report of the President under section 7202(a)(1) of this title is received by Congress, the matter after the resolving clause of which is as follows: "That Congress approves the report of the President pursuant to section 903(a)(1) of the Trade Sanctions Reform and Export Enhancement Act of 2000, transmitted on ______________.", with the blank completed with the appropriate date; and
(B) in the case of section 7205(1) 1 of this title, only a joint resolution introduced within 10 session days of Congress after the date on which the report of the President under section 7205(2) 1 of this title is received by Congress, the matter after the resolving clause of which is as follows: "That Congress approves the report of the President pursuant to section 906(1) of the Trade Sanctions Reform and Export Enhancement Act of 2000, transmitted on ______________.", with the blank completed with the appropriate date.
(4) Medical device
The term "medical device" has the meaning given the term "device" in section 321 of title 21.
(5) Medicine
The term "medicine" has the meaning given the term "drug" in section 321 of title 21.
(6) Unilateral agricultural sanction
The term "unilateral agricultural sanction" means any prohibition, restriction, or condition on carrying out an agricultural program with respect to a foreign country or foreign entity that is imposed by the United States for reasons of foreign policy or national security, except in a case in which the United States imposes the measure pursuant to—
(A) a multilateral regime and the other member countries of that regime have agreed to impose substantially equivalent measures; or
(B) a mandatory decision of the United Nations Security Council.
(7) Unilateral medical sanction
The term "unilateral medical sanction" means any prohibition, restriction, or condition on exports of, or the provision of assistance consisting of, medicine or a medical device with respect to a foreign country or foreign entity that is imposed by the United States for reasons of foreign policy or national security, except in a case in which the United States imposes the measure pursuant to—
(A) a multilateral regime and the other member countries of that regime have agreed to impose substantially equivalent measures; or
(B) a mandatory decision of the United Nations Security Council.
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§7203. Exceptions
Section 7202 of this title shall not affect any authority or requirement to impose (or continue to impose) a sanction referred to in section 7202 of this title—
(1) against a foreign country or foreign entity—
(A) pursuant to a declaration of war against the country or entity;
(B) pursuant to specific statutory authorization for the use of the Armed Forces of the United States against the country or entity;
(C) against which the Armed Forces of the United States are involved in hostilities; or
(D) where imminent involvement by the Armed Forces of the United States in hostilities against the country or entity is clearly indicated by the circumstances; or
(2) to the extent that the sanction would prohibit, restrict, or condition the provision or use of any agricultural commodity, medicine, or medical device that is—
(A) controlled on the United States Munitions List established under section 2778 of this title;
(B) controlled on any control list established under the Export Administration Act of 1979 or any successor statute (50 U.S.C. App. 2401 et seq.); 1 or
(C) used to facilitate the design, development, or production of chemical or biological weapons, missiles, or weapons of mass destruction.
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§7204. Termination of sanctions
Any unilateral agricultural sanction or unilateral medical sanction that is imposed pursuant to the procedures described in section 7202(a) of this title shall terminate not later than 2 years after the date on which the sanction became effective unless—
(1) not later than 60 days before the date of termination of the sanction, the President submits to Congress a report containing—
(A) the recommendation of the President for the continuation of the sanction for an additional period of not to exceed 2 years; and
(B) the request of the President for approval by Congress of the recommendation; and
(2) there is enacted into law a joint resolution stating the approval of Congress for the report submitted under paragraph (1).
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§7205. State sponsors of international terrorism
(a) Requirement
(1) In general
Notwithstanding any other provision of this chapter (other than section 7203 of this title), the export of agricultural commodities, medicine, or medical devices to Cuba, the Taliban or the territory of Afghanistan controlled by the Taliban, or to the government of a country that has been determined by the Secretary of State to have repeatedly provided support for acts of international terrorism under section 2371 of this title, section 4605(j)(1) of title 50, or section 2780(d) of this title, or to any other entity in such a country, shall only be made pursuant to 1-year licenses issued by the United States Government for contracts entered into during the 1-year period of the license and shipped within the 12-month period beginning on the date of the signing of the contract, except that the requirements of such 1-year licenses shall be no more restrictive than license exceptions administered by the Department of Commerce or general licenses administered by the Department of the Treasury, except that procedures shall be in place to deny licenses for exports to any entity within such country, or in the territory of Afghanistan controlled by the Taliban, promoting international terrorism.
(2) Exception
Paragraph (1) shall not apply with respect to the export of agricultural commodities, medicine, or medical devices to the Government of Syria or to the Government of North Korea, or to any other entity in Syria or North Korea.
(b) Quarterly reports
The applicable department or agency of the Federal Government shall submit to the appropriate congressional committees on a quarterly basis a report on any activities undertaken under subsection (a)(1) during the preceding calendar quarter.
(c) Biennial reports
Not later than 2 years after October 28, 2000, and every 2 years thereafter, the applicable department or agency of the Federal Government shall submit a report to the appropriate congressional committees on the operation of the licensing system under this section for the preceding 2-year period, including—
(1) the number and types of licenses applied for;
(2) the number and types of licenses approved;
(3) the average amount of time elapsed from the date of filing of a license application until the date of its approval;
(4) the extent to which the licensing procedures were effectively implemented; and
(5) a description of comments received from interested parties about the extent to which the licensing procedures were effective, after the applicable department or agency holds a public 30-day comment period.
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§7206. Congressional procedures
(a) Referral of report
A report described in section 7202(a)(1) or 7204(1) of this title shall be referred to the appropriate committee or committees of the House of Representatives and to the appropriate committee or committees of the Senate.
(b) Referral of joint resolution
(1) In general
A joint resolution introduced in the Senate shall be referred to the Committee on Foreign Relations, and a joint resolution introduced in the House of Representatives shall be referred to the Committee on International Relations.
(2) Reporting date
A joint resolution referred to in paragraph (1) may not be reported before the eighth session day of Congress after the introduction of the joint resolution.
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§7207. Prohibition on United States assistance and financing
(a) Prohibition on United States assistance
(1) In general
Notwithstanding any other provision of law, no United States Government assistance, including United States foreign assistance, United States export assistance, and any United States credit or guarantees shall be available for exports to Cuba or for commercial exports to Iran, Libya, North Korea, or Sudan.
(2) Rule of construction
Nothing in paragraph (1) shall be construed to alter, modify, or otherwise affect the provisions of section 6039 of this title or any other provision of law relating to Cuba in effect on the day before October 28, 2000.
(3) Waiver
The President may waive the application of paragraph (1) with respect to Iran, Libya, North Korea, and Sudan to the degree the President determines that it is in the national security interest of the United States to do so, or for humanitarian reasons.
(b) Prohibition on financing of agricultural sales to Cuba
(1) In general
No United States person may provide payment or financing terms for sales of agricultural commodities or products to Cuba or any person in Cuba, except in accordance with the following terms (notwithstanding part 515 of title 31, Code of Federal Regulations, or any other provision of law):
(A) Payment of cash in advance.
(B) Financing by third country financial institutions (excluding United States persons or Government of Cuba entities), except that such financing may be confirmed or advised by a United States financial institution.
Nothing in this paragraph authorizes payment terms or trade financing involving a debit or credit to an account of a person located in Cuba or of the Government of Cuba maintained on the books of a United States depository institution.
(2) Penalties
Any private person or entity that violates paragraph (1) shall be subject to the penalties provided in the Trading With the Enemy Act [50 U.S.C. 4301 et seq.] for violations under that Act.
(3) Administration and enforcement
The President shall issue such regulations as are necessary to carry out this section, except that the President, in lieu of issuing new regulations, may apply any regulations in effect on October 28, 2000, pursuant to the Trading With the Enemy Act [50 U.S.C. 4301 et seq.], with respect to the conduct prohibited in paragraph (1).
(4) Definitions
In this subsection—
(A) the term "financing" includes any loan or extension of credit;
(B) the term "United States depository institution" means any entity (including its foreign branches or subsidiaries) organized under the laws of any jurisdiction within the United States, or any agency, office or branch located in the United States of a foreign entity, that is engaged primarily in the business of banking (including a bank, savings bank, savings association, credit union, trust company, or United States bank holding company); and
(C) the term "United States person" means the Federal Government, any State or local government, or any private person or entity of the United States.
(Pub. L. 106–387, §1(a) [title IX, §908], Oct. 28, 2000, 114 Stat. 1549, 1549A-70.)
References in Text
The Trading With the Enemy Act, referred to in subsec. (b)(2), (3), is act Oct. 6, 1917, ch. 106, 40 Stat. 411, which is classified to chapter 53 (§4301 et seq.) of Title 50, War and National Defense. For complete classification of this Act to the Code, see Tables.
Determination and Waiver of Application of Section 908(a)(1) of the Trade Sanctions Reform and Export Enhancement Act of 2000 With Respect to Libya
Determination of President of the United States, No. 2004–49, Sept. 20, 2004, 69 F.R. 58035, provided:
Memorandum for the Secretary of State[,] the Secretary of Agriculture[, and] the Secretary of Commerce
By virtue of the authority vested in me by the Constitution and laws of the United States, including section 908(a)(3) of the Trade Sanctions Reform and Export Enhancement Act of 2000, title IX, Public Law 106–387 [22 U.S.C. 7207(a)(3)] (TSRA), I hereby determine that waiver of the application of section 908(a)(1) of TSRA with respect to Libya is in the national security interest of the United States and hereby waive the application of that section with respect to Libya.
The Secretary of State is hereby authorized and directed to report this determination and waiver to the Congress and to arrange for its publication in the Federal Register.
George W. Bush.
Presidential Determination on Sudan
Determination of President of the United States, No. 2011–05, Nov. 19, 2010, 75 F.R 75865, provided:
Memorandum for the Secretary of State [and the] President of the Export-Import Bank of the United States
By the authority vested in me as President by the Constitution and the laws of the United States of America, including section 908(a)(3) of the Trade Sanctions Reform and Export Enhancement Act of 2000, title IX, Public Law 106–387, as amended, 22 U.S.C. 7207(a)(3) (TSRA), I hereby determine it is in the national security interest of the United States to waive the application of section 908(a)(1) of TSRA to allow export assistance to be made available for the export of computers and related equipment that enables the United Nations to facilitate the referendum in Southern Sudan pursuant to the Comprehensive Peace Agreement.
The Secretary of State is hereby authorized and directed to publish this determination in the Federal Register.
Barack Obama.
§7208. Prohibition on additional imports from Cuba
Nothing in this chapter shall be construed to alter, modify, or otherwise affect the provisions of section 515.204 of title 31, Code of Federal Regulations, relating to the prohibition on the entry into the United States of merchandise that: (1) is of Cuban origin; (2) is or has been located in or transported from or through Cuba; or (3) is made or derived in whole or in part of any article which is the growth, produce, or manufacture of Cuba.
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§7209. Requirements relating to certain travel-related transactions with Cuba
(a) Authorization of travel relating to commercial sales of agricultural and medical goods
The Secretary of the Treasury shall promulgate regulations under which the travel-related transactions listed in paragraph (c) of section 515.560 of title 31, Code of Federal Regulations, are authorized by general license for travel to, from, or within Cuba for the marketing and sale of agricultural and medical goods pursuant to the provisions of this chapter.
(b) Prohibition on travel relating to tourist activities
(1) In general
Notwithstanding any other provision of law or regulation, the Secretary of the Treasury, or any other Federal official, may not authorize the travel-related transactions listed in subsection (c) of section 515.560 of title 31, Code of Federal Regulations, either by a general license or on a case-by-case basis by a specific license for travel to, from, or within Cuba for tourist activities.
(2) Definition
In this subsection, the term "tourist activities" means any activity with respect to travel to, from, or within Cuba that is not expressly authorized in subsection (a) of this section, in any of paragraphs (1) through (12) of section 515.560 of title 31, Code of Federal Regulations, or in any section referred to in any of such paragraphs (1) through (12) (as such sections were in effect on June 1, 2000).
(Pub. L. 106–387, §1(a) [title IX, §910], Oct. 28, 2000, 114 Stat. 1549, 1549A-71; Pub. L. 111–8, div. D, title VI, §620, Mar. 11, 2009, 123 Stat. 677.)
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§7210. Application of the Trade Sanctions Reform and Export Enhancement Act
Nothing in the Trade Sanctions Reform and Export Enhancement Act of 2000 [22 U.S.C. §7201 et seq.] shall limit the application or scope of any law establishing criminal or civil penalties, including any Executive order or regulation promulgated pursuant to such laws (or similar or successor laws), for the unlawful export of any agricultural commodity, medicine, or medical device to—
(1) a foreign organization, group, or person designated pursuant to Executive Order No. 12947 of January 23, 1995, as amended;
(2) a Foreign Terrorist Organization pursuant to the Antiterrorism and Effective Death Penalty Act of 1996 (Public Law 104–132);
(3) a foreign organization, group, or person designated pursuant to Executive Order No. 13224 (September 23, 2001);
(4) any narcotics trafficking entity designated pursuant to Executive Order No. 12978 (October 21, 1995) or the Foreign Narcotics Kingpin Designation Act (Public Law 106–120) [21 U.S.C. §1901 et seq.]; or
(5) any foreign organization, group, or persons subject to any restriction for its involvement in weapons of mass destruction or missile proliferation.
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§7211. Technical clarification relating to provision of material support to terrorism
No provision of the Trade Sanctions Reform and Export Enhancement Act of 2000 (title IX of Public Law 106–387) [22 U.S.C. §7201 et seq.] shall be construed to limit or otherwise affect section 2339A or 2339B of title 18.
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Because the continued relevance of TSRA is broadly divided between Cuba-specific provisions and provisions having an effect on virtually all sanctions programs with respect to agricultural commodities, medicine and medical devices notes on the statute is divided between the two General Comments below.
*General Note on the Cross Programmatic Relevance of TSRA, as it relates to Agricultural Commodities, Medicine and Medical Devices (System Ed. Note).
*General Note on the TSRA as it relates to the CACR (System Ed. Note).