Sec. 4. Authorization of imposition of sanctions with respect to illegal, unreported, or unregulated fishing and trade in endangered species
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The President may impose the sanctions described in subsection
(b)with respect to any foreign person or foreign vessel (regardless of ownership) that the President determines— is responsible for or complicit in— illegal, unreported, or unregulated fishing; or 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 of 1973 ( 16 U.S.C. 1532(6) ); 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 foreign person engaged in any such activity. The sanctions that may be imposed under subsection
(a)with respect to a foreign person or foreign vessel 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 an alien described in subsection (a), or any alien that the President determines is a corporate officer or principal of, or a shareholder with a controlling interest in, a foreign person described in subsection
(a)that is an entity— ineligibility for a visa 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 described in subsection (a), denial of access to United States ports. The President may prohibit any United States financial institution from making loans or providing credits to a foreign person described in subsection (a). 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 a foreign person or foreign vessel described in subsection
(a)has any interest. Not later than 1 year after the date of the enactment of this Act, and annually thereafter, the President shall submit a report on the imposition of sanctions under this section to— the Committee on Banking, Housing, and Urban Affairs and the Committee on Foreign Relations of the Senate; and the Committee on Financial Services and the Committee on Foreign Affairs of the House of Representatives. The President may waive the imposition of sanctions under subsection
(a)with respect to a foreign person or foreign vessel if the President determines that such a waiver is in the national interests of the United States. Sanctions under 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. Except as provided in subparagraph (B), 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. The exception under subparagraph
(A)does not include transactions for the sale of food or agricultural commodities obtained through illegal, unreported, or unregulated fishing. 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 head of any Federal agency 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. ).
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Sec. 4
Authorization of imposition of sanctions with respect to illegal, unreported, or unregulated fishing and trade in endangered species
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