Sec. 5. Imposition of sanctions with respect to foreign persons responsible for illicit trade in tobacco products or their precursors
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The President is authorized to impose the sanctions described in subsection
(b)with respect to any foreign person the President determines, based on credible evidence— is responsible for illicit trade in tobacco products or their precursors; acted as an agent of or on behalf of a foreign person in a matter relating to an activity described in paragraph (1); is a government official, or a senior associate of such an official, that is responsible for, or complicit in, ordering, controlling, or otherwise directing, the illicit trade in tobacco products or their precursors, including acts of significant corruption, bribery, or the facilitation or transfer of the proceeds of corruption to foreign jurisdictions; or has materially assisted, sponsored, or provided financial, material, or technological support for, or goods or services in support of, an activity described in paragraph (1), (2), or (3). The sanctions described in this subsection are the following: In the case of a foreign person who is an individual— ineligibility to receive a visa to enter the United States or to be admitted to the United States; or if the individual has been issued a visa or other documentation, revocation, in accordance with section 221(i) of the Immigration and Nationality Act ( 8 U.S.C. 1201(i) ), of the visa or other documentation. The blocking, in accordance with the International Emergency Economic Powers Act ( 50 U.S.C. 1701 et seq.), of all transactions in all property and interests in property of a foreign person 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. The requirements of section 202 of the International Emergency Economic Powers Act ( 50 U.S.C. 1701 ) shall not apply for purposes of this section. The authority to block and prohibit all transactions in all property and interests in property under subparagraph
(A)shall not include the authority to impose sanctions on the importation of goods. In this subparagraph, the term good means any article, natural or man-made substance, supply or manufactured product, including inspection and test equipment, and excluding technical data. In determining whether to impose sanctions under subsection (a), the President shall consider— information provided by the chairperson and ranking member of each of the appropriate congressional committees; and credible information obtained by other countries and nongovernmental organizations that monitor violations of human rights. Not later than 120 days after receiving a written request from the chairperson and ranking member of one of the appropriate congressional committees with respect to whether a foreign person has engaged in an activity described in subsection (a), the President shall— determine if that person has engaged in such an activity; and submit to the chairperson and ranking member of that committee with respect to that determination a report that includes— a statement of whether or not the President imposed or intends to impose sanctions with respect to the person; and if the President imposed or intends to impose sanctions, a description of those sanctions. Sanctions under subsection (b)(1) shall not apply to an individual if admitting the individual into the United States would further important law enforcement objectives or 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 of the United States. A person that violates, attempts to violate, conspires to violate, or causes a violation of subsection (b)(2) or any regulation, license, or order issued to carry out subsection (b)(2) 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 that section. The President may terminate the application of sanctions under this section with respect to a foreign person if the President determines and reports to the appropriate congressional committees not later than 15 days before the termination of the sanctions that— credible information exists that the person did not engage in the activity for which sanctions were imposed; the person has been prosecuted appropriately for the activity for which sanctions were imposed; the person has credibly demonstrated a significant change in behavior, has paid an appropriate consequence for the activity for which sanctions were imposed, and has credibly committed to not engage in an activity described in subsection
(a)in the future; or the termination of the sanctions is in the vital national security interests of the United States. The President shall issue such regulations, licenses, and orders as are necessary to carry out this section. The Assistant Secretary of State for International Narcotics and Law Enforcement Affairs, in consultation with the Assistant Secretary of State for Consular Affairs and other bureaus of the Department of State, as appropriate, is authorized to submit to the Secretary of State, for review and consideration, the names of foreign persons who may meet the criteria described in subsection (a).
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Sec. 5
Imposition of sanctions with respect to foreign persons responsible for illicit trade in tobacco products or their precursors
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