Sec. 4. Authorization of imposition of sanctions
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The President may impose the sanctions described in subsection
(b)with respect to any foreign person, including a foreign vessel regardless of ownership, that the President determines— is responsible for, complicit in, or has directly or indirectly participated in— IUU fishing, as such term is defined in section 3(f)(4); except as part of a conservation effort, the sale, supply, purchase, or transfer (including transportation) of endangered species, as defined in section 3(6) of the Endangered Species Act ( 16 U.S.C. 1532(6) ); or behavior associated with IUU fishing, including improper use of relevant vessel monitoring, identification, or communication systems; is a leader or official of an entity, including a government entity, that has engaged in, or the members of which have engaged in, any of the activities described in paragraph
(1)during the tenure of the leader or official; has ever owned, operated, chartered, or controlled a vessel during which time the personnel of the vessel engaged in any of the activities described in paragraph (1); or has materially assisted, sponsored, or provided financial, material, or technological support for, or goods or services in support of— any of the activities described in paragraph (1); or any entity engaged in any such activity. The sanctions described in this subsection are the following: Notwithstanding section 202 of the International Emergency Economic Powers Act ( 50 U.S.C. 1701 ), the exercise of all powers granted to the President by the International Emergency Economic Powers Act ( 50 U.S.C. 1701 et seq. ) to the extent necessary to block and prohibit all transactions in all property and interests in property of a foreign person described in subsection (a), 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. In the case of a foreign person described in subsection
(a)who is an individual— ineligibility for a visa to enter and inadmissibility to the United States; and revocation of any valid visa or travel documentation in accordance with section 221(i) of the Immigration and Nationality Act ( 8 U.S.C. 1201(i) ). In the case of a foreign vessel, denial of access to United States ports. The President may direct the Secretary of State to deny a visa to, and the Secretary of Homeland Security to exclude from the United States, any alien that the President determines is a corporate officer or principal of, or a shareholder with a controlling interest in, the foreign person. The President may impose on the principal executive officer or officers of the foreign person, entity, or on individuals performing similar functions and with similar authorities as such officer or officers, any of the sanctions described in paragraphs (1), (2), (3), (4), or
(6)of this subsection that are applicable. The President may prohibit any United States financial institution from making loans or providing credits to the foreign person or entity. The President may, pursuant to such regulations as the President may prescribe, prohibit any transactions in foreign exchange that are subject to the jurisdiction of the United States and in which the foreign person, entity, or vessel has any interest. The President shall annually submit a report to the Committee on Financial Services and the Committee on Foreign Affairs of the House of Representatives and the Committee on Banking, Housing, and Urban Affairs and the Committee on Foreign Relations of the Senate on actions exercising the authorities provided by this section. 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) to carry out this section. A person that violates, attempts to violate, conspires to violate, or causes a violation of this section or any regulation, license, or order issued to carry out this section 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 waive the imposition of sanctions under this section with respect to a person if the President determines that such a waiver is in the national interests of the United States. This section shall not apply with respect to activities 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, law enforcement, or national security activities of the United States. Sanctions under subsection (b)(2) shall not apply with respect to the admission of an alien to the United States if such admission is necessary to comply with the obligations of the United States under the Agreement regarding the Headquarters of the United Nations, signed at Lake Success on June 26, 1947, and entered into force on November 21, 1947, between the United Nations and the United States, or the Convention on Consular Relations, done at Vienna on April 24, 1963, and entered into force on March 19, 1967, or other international obligations. Sanctions under this section shall not apply with respect to a person providing provisions to a vessel if such provisions are intended for the safety and care of the crew aboard the vessel, or the maintenance of the vessel to avoid any environmental or other significant damage. The President may not impose sanctions under this section with respect to any person for conducting or facilitating a transaction for the sale of agricultural commodities, food, medicine, or medical devices or for the provision of humanitarian assistance. Agencies responsible for the implementation of this section may promulgate such rules and regulations as may be necessary to carry out the provisions of this section (which may include regulatory exceptions), including under section 205 of the International Emergency Economic Powers Act ( 50 U.S.C. 1704 ). Nothing in this section may be construed to limit the authority of the President pursuant to the International Emergency Economic Powers Act ( 50 U.S.C. 1701 et seq. ). In this section: The term foreign person means an individual or entity that is not a United States person. The term United States person means— a United States citizen or an alien lawfully admitted for permanent residence to the United States; an entity organized under the laws of the United States or any jurisdiction within the United States, including a foreign branch of such an entity; or any person located in the United States.
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Sec. 4
Authorization of imposition of sanctions
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