Sec. 203. Limitation on judicial review
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/bill/117/hr/5286/ih/section-203·A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
The decision of the Secretary of State as to any question regarding the inclusion of a covered entity on the list required by section 103(a) shall be final and conclusive and may not be reviewed by any other official or by any court, whether by action in the nature of mandamus or otherwise. The decision of the Secretary of Defense as to any question regarding the inclusion of a Communist Chinese military company, a Chinese military company, or a military-civil fusion contributor on either the lists described in section 1237 of the Strom Thurmond National Defense Authorization Act for Fiscal Year 1999 ( Public Law 105–261 ; 50 U.S.C. 1701 note) or in section 1260H of the William M.
(Mac)Thornberry National Defense Authorization Act for Fiscal Year 2021 ( Public Law 116–283 ) may not be reviewed by any official or by any court, whether by action in the nature of mandamus or otherwise. The decision of the Secretary of Treasury, after consultation with the Secretary of State and the Secretary of Defense, as to any question regarding the inclusion of an entity on the Office of Foreign Assets Control’s Non-SDN Chinese Military-Industrial Complex Companies List shall be final and conclusive and may not be reviewed by any other official or by any court, whether by action in the nature of mandamus or otherwise. The rules and regulations promulgated by the Secretary of the Treasury under sections 103(b)(6) and 202(e) shall be final and not subject to any further agency review or to judicial review by any court (including under chapter 7 of title 5, United States Code).
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- Pub. L. 105-261
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