Sec. 5. Imposition of sanctions
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The Secretary of the Treasury may impose the measures described in subsection
(b)with respect to— any foreign person or foreign vessel, regardless of ownership, that the Secretary of the Treasury determines has participated in— the sale, supply, purchase, or transfer (including transportation) of a fish species that is an endangered species, as defined in section of the Endangered Species Act of 1973 ( 16 U.S.C. 1532 ), directly or indirectly; or IUU fishing; a leader or official of an entity that has engaged in, or whose members have engaged in, any of the activities described in paragraph (1); an entity determined to have owned, operated, chartered, or controlled a vessel whose personnel are engaged in the activities described in paragraph
(1)at a time period relating to the activities; an entity that commits any action described in section 608(c) of the High Seas Driftnet Fishing Moratorium Protection Act ( 16 U.S.C. 1826i ) as a basis to be put on the IUU vessel list under such section; and an entity that has materially assisted, sponsored, or provided financial, material, or technological support for, or goods or services in support of, a foreign person or foreign vessel described in paragraph (1). The sanctions to be imposed under subsection
(a)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 or entity described in subsection
(a)including, to the extent appropriate, the vessel of which the person is the beneficial owner, 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. A foreign person described in subsection
(a)is— inadmissible to the United States; ineligible to receive a visa or other documentation to enter the United States; and otherwise ineligible to be admitted or paroled into the United States or to receive any other benefit under the Immigration and Nationality Act ( 8 U.S.C. 1101 et seq. ). The visa or other entry documentation of a foreign person described in subsection
(a)shall be revoked, regardless of when such visa or other entry documentation is or was issued. A revocation under clause
(i)shall, in accordance with section 221(i) of the Immigration and Nationality Act ( 8 U.S.C. 1201(i) )— take effect; and cancel any other valid visa or entry documentation that is in the person’s possession. 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 foreign person or entity. 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 June 26, 1947, and entered into force November 21, 1947, between the United Nations and the United States, or the Convention on Consular Relations, done at Vienna April 24, 1963, and entered into force March 19, 1967, or other international obligations. Sanctions under this section shall not apply with respect to a person or entity providing provisions to a vessel identified under section 608(c) of the High Seas Driftnet Fishing Moratorium Protection Act ( 16 U.S.C. 1826i ) 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 or entity 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 President is authorized to 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, or in any amendment made by 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 terms admission , admitted , alien , and lawfully admitted for permanent residence have the meanings given those terms in section 101 of the Immigration and Nationality Act ( 8 U.S.C. 1101 ). 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 in the United States.
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U.S. Code
- Definitions§ 1532
- Action to strengthen international fishery management organizations§ 1826i
- Unusual and extraordinary threat; declaration of national emergency; exercise of Presidential authorities§ 1701
- Definitions§ 1101
- Issuance of visas§ 1201
- Presidential authorities§ 1702
- Penalties§ 1705
- General congressional oversight provisions§ 3091
- Authority to issue regulations§ 1704
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Sec. 5
Imposition of sanctions
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