Sec. 4. Imposition of measures with respect to foreign states providing support to Hamas, Palestinian Islamic Jihad and other Palestinian terrorist organizations
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Not later than 180 days after the date of enactment of this Act, the President shall impose the measures described in subsection
(c)with respect to a foreign state if the President determines that the foreign state, on or after the date of the enactment of this Act, engages in an activity described in subsection (b). A foreign state engages in an activity described in this subsection if the foreign state knowingly— provides significant material or financial support for acts of international terrorism, pursuant to— section 1754(c) of the Export Control Reform Act of 2018 ( 50 U.S.C. 4813(c)(1)(A) ); section 620A of the Foreign Assistance Act of 1961 ( 22 U.S.C. 2371 ); section 40 of the Arms Export Control Act ( 22 U.S.C. 2780 ); or any other provision of law; provides significant material support to Hamas, the Palestinian Islamic Jihad, Al-Aqsa Martyrs Brigade, the Lion’s Den, or any affiliate or successor thereof; or engages in a significant transaction that materially contributes, directly or indirectly, to the terrorist activities of Hamas, the Palestinian Islamic Jihad, Al-Aqsa Martyrs Brigade, the Lion’s Den, or any affiliate or successor thereof. The measures described in this subsection with respect to a foreign state are the following: The President shall suspend, for a period of at least 1 year, United States assistance to the foreign state. The Secretary of the Treasury shall instruct the United States Executive Director to each appropriate international financial institution to oppose, and vote against, for a period of 1 year, the extension by such institution of any loan or financial or technical assistance to the government of the foreign state. The President shall prohibit the export of any item on the United States Munitions List (established pursuant to section 38 of the Arms Export Control Act ( 22 U.S.C. 2778 )) or the Commerce Control List set forth in Supplement No. 1 to part 774 of title 15, Code of Federal Regulations, to the foreign state for a period of 1 year. The penalties provided for in subsections
(b)and
(c)of section 206 of the International Emergency Economic Powers Act ( 50 U.S.C. 1705 ) shall apply to a person that violates, attempts to violate, conspires to violate, or causes a violation of this section or any regulations promulgated to carry out this section to the same extent that such penalties apply to a person that commits an unlawful act described in section 206(a) of that Act. The President may waive, on a case-by-case basis and for a period of not more than 180 days, the application of measures under this section with respect to a foreign state only if, not later than 15 days prior to the date on which the waiver is to take effect, the President submits to the appropriate congressional committees a written determination and justification that the waiver is in the vital national security interests of the United States. The President may exercise all authorities provided under sections 203 and 205 of the International Emergency Economic Powers Act (50 U.S.C. 1702 and 1704) for purposes of carrying out this section. Not later than 60 days after the date of the enactment of this Act, the President shall issue regulations or other guidance as may be necessary for the implementation of this section. The President may exempt the application of measures under this section with respect to a foreign state if the application of such measures would prevent the United States from meeting the terms of any status of forces agreement to which the United States is a party. Measures under this section shall not apply with respect to any activity subject to 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. The President may waive the application of any provision of this section if the President certifies in writing to the appropriate congressional committees that such a waiver is vital to facilitate the delivery of humanitarian aid and is consistent with the national security interests of the United States 15 days prior to the waiver taking effect. The authority to impose measures under this section with respect to a foreign state is in addition to the authority to impose measures under any other provision of law with respect to foreign states that directly or indirectly support acts of international terrorism.
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U.S. Code
- Additional authorities§ 4813
- Prohibition on assistance to governments supporting international terrorism§ 2371
- Transactions with countries supporting acts of international terrorism§ 2780
- Control of arms exports and imports§ 2778
- Penalties§ 1705
- Presidential authorities§ 1702
- General congressional oversight provisions§ 3091
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Sec. 4
Imposition of measures with respect to foreign states providing support to Hamas, Palestinian Islamic Jihad and other Palestinian terrorist organizations
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