Sec. 105. Waivers
422 words·~2 min read·
/bill/116/s/1044/is/section-105A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
The President may, on a case-by-case basis, waive for a period of not more than 12 months the application of sanctions under this title with respect to a financial institution that is owned or controlled, directly or indirectly, by a foreign government or any political subdivision, agency, or instrumentality of a foreign government, if the President, not less than 30 days before the waiver is to take effect, certifies to the appropriate congressional committees and leadership that the foreign government is closely cooperating with the United States in efforts to prevent opioid trafficking. The President may certify under paragraph
(1)that a foreign government is closely cooperating with the United States in efforts to prevent opioid trafficking if that government is— implementing domestic laws to schedule all fentanyl analogues as controlled substances; and doing two or more of the following: Implementing substantial improvements in regulations involving the chemical and pharmaceutical production and export of illicit opioids. Implementing substantial improvements in judicial regulations to combat transnational criminal organizations that traffic opioids. Increasing efforts to prosecute foreign opioid traffickers. Increasing intelligence sharing and law enforcement cooperation with the United States with respect to opioid trafficking. The President may renew a waiver under paragraph
(1)for subsequent periods of not more than 6 months each if, not less than 30 days before the renewal is to take effect, the Director of National Intelligence certifies to the appropriate congressional committees and leadership that the government of the country to which the waiver applies has effectively implemented and is effectively enforcing the measures that formed the basis for the certification under paragraph (2). The President may waive the application of sanctions under this title with respect to a person if the President determines that the application of such sanctions with respect to that person would significantly harm— the national security of the United States; or subject to paragraph (2), the access of United States persons to prescription medications. The President shall establish a monitoring program to verify that a person receiving a waiver under paragraph (1)(B) is not trafficking illicit opioids. Not later than 21 days after making a determination under paragraph
(1)with respect to a person, the President shall notify the appropriate congressional committees and leadership of the determination and the reasons for the determination. The President may waive, for renewable periods of 180 days, the application of the sanctions under this title if the President certifies to the appropriate congressional committees and leadership that the waiver is necessary for the provision of humanitarian assistance.