Sec. 9. DURATION OF SANCTIONS; PRESIDENTIAL WAIVER
954 words·~4 min read·
/statute-compilations/comps-9189/sec-9A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
## SEC. 9 DURATION OF SANCTIONS; PRESIDENTIAL WAIVER ###
(a)Delay of Sanctions ####
(1)Consultations If the President makes a determination described in subsection
(a)or paragraph
(1)or
(2)of subsection
(b)of section 5 with respect to a foreign person, the Congress urges the President to initiate consultations immediately with the government with primary jurisdiction over that foreign person with respect to the imposition of sanctions under this Act. ####
(2)Actions by government of jurisdiction In order to pursue consultations under paragraph
(1)with the government concerned, the President may delay imposition of sanctions under this Act for up to 90 days. Following such consultations, the President shall immediately impose sanctions unless the President determines and certifies to the Congress that the government has taken specific and effective actions, including, as appropriate, the imposition of appropriate penalties, to terminate the involvement of the foreign person in the activities that resulted in the determination by the President under subsection
(a)or paragraph
(1)or
(2)of subsection
(b)of section 5 concerning such person. ####
(3)Additional delay in imposition of sanctions The President may delay the imposition of sanctions for up to an additional 90 days if the President determines and certifies to the Congress that the government with primary jurisdiction over the person concerned is in the process of taking the actions described in paragraph (2). ####
(4)Report to congress Not later than 90 days after making a determination under subsection
(a)or paragraph
(1)or
(2)of subsection
(b)of section 5, the President shall submit to the appropriate congressional committees a report on the status of consultations with the appropriate foreign government under this subsection, and the basis for any determination under paragraph (3). ###
(b)Duration of Sanctions A sanction imposed under section 5 shall remain in effect— ####
(1)for a period of not less than 2 years from the date on which it is imposed; or ####
(2)until such time as the President determines and certifies to the Congress that the person whose activities were the basis for imposing the sanction is no longer engaging in such activities and that the President has received reliable assurances that such person will not knowingly engage in such activities in the future, except that such sanction shall remain in effect for a period of at least 1 year. ###
(c)Presidential Waiver ####
(1)Authority #####
(A)Sanctions relating to the energy sector of iran The President may waive, on a case-by-case basis and for a period of not more than one year, the requirement in section 5(a) to impose a sanction or sanctions on a person described in section 5(c), and may waive the continued imposition of a sanction or sanctions under subsection
(b)of this section, 30 days or more after the President determines and so reports to the appropriate congressional committees that it is essential to the national security interests of the United States to exercise such waiver authority. #####
(B)Sanctions relating to development of weapons of mass destruction or other military capabilities The President may waive, on a case-by-case basis and for a period of not more than one year, the requirement in paragraph
(1)or
(2)of section 5(b) to impose a sanction or sanctions on a person described in section 5(c), and may waive the continued imposition of a sanction or sanctions under subsection
(b)of this section, 30 days or more after the President determines and so reports to the appropriate congressional committees that it is vital to the national security interests of the United States to exercise such waiver authority. #####
(C)Renewal of waivers The President may renew, on a case-by-case basis, a waiver with respect to a person under subparagraph
(A)or
(B)for additional one-year periods if, not later than 30 days before the waiver expires, the President makes the determination and submits to the appropriate congressional committees the report described in subparagraph
(A)or (B), as applicable. ####
(2)Contents of report Any report under paragraph
(1)shall provide a specific and detailed rationale for the determination under paragraph (1), including— #####
(A)a description of the conduct that resulted in the determination under subsection
(a)or paragraph
(1)or
(2)of subsection
(b)of section 5, as the case may be; #####
(B)in the case of a foreign person, an explanation of the efforts to secure the cooperation of the government with primary jurisdiction over the sanctioned person to terminate or, as appropriate, penalize the activities that resulted in the determination under subsection
(a)or paragraph
(1)or
(2)of subsection
(b)of section 5, as the case may be; #####
(C)an estimate of the significance of the conduct of the person in contributing to the ability of Iran to, as the case may be— ######
(i)develop petroleum resources, produce refined petroleum products, or import refined petroleum products; or ######
(ii)acquire or develop— ######
(I)chemical, biological, or nuclear weapons or related technologies; or ######
(II)destabilizing numbers and types of advanced conventional weapons; and #####
(D)a statement as to the response of the United States in the event that the person concerned engages in other activities that would be subject to subsection
(a)or paragraph
(1)or
(2)of subsection
(b)of section 5. ####
(3)Effect of report on waiver If the President makes a report under paragraph
(1)with respect to a waiver of sanctions on a person described in section 5(c), sanctions need not be imposed under subsection
(a)or paragraph
(1)or
(2)of subsection
(b)of section 5 on that person during the 30-day period referred to in paragraph (1).