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Iran: U.S. Economic Sanctions and the Authority to Lift Restrictions

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Iran: U.S. Economic Sanctions and the Authority to Lift Restrictions Dianne E. Rennack Specialist in Foreign Policy Legislation July 15, 2015 Congressional Research Service 7-5700 www.crs.gov R43311 Iran: U.S. Economic Sanctions and the Authority to Lift Restrictions Summary The United States has led the international community in imposing economic sanctions on Iran, in an effort to change the government of that country’s support of acts of international terrorism, poor human rights record, weapons and missile development and acquisition, role in regional instability, and development of a nuclear program. This report identifies the legislative bases for sanctions imposed on Iran, and the nature of the authority to waive or lift those restrictions. It comprises two tables that present legislation and executive orders that are specific to Iran and its objectionable activities in the areas of terrorism, human rights, and weapons proliferation. It will be updated if and when new legislation is enacted, or, in the case of executive orders, if and when the President takes additional steps to change U.S. policy toward Iran. Other CRS reports address the U.S.-Iran relationship, including a comprehensive discussion of the practical application of economic sanctions: CRS Report RS20871, Iran Sanctions, by Kenneth Katzman. See also CRS Report R43333, Iran: Efforts to Achieve a Nuclear Accord, by Kenneth Katzman, Paul K. Kerr, and Michael John Garcia; CRS Report R43492, Achievements of and Outlook for Sanctions on Iran, by Kenneth Katzman; CRS Report RL32048, Iran, Gulf Security, and U.S. Policy, by Kenneth Katzman; and CRS Report R40094, Iran’s Nuclear Program: Tehran’s Compliance with International Obligations, by Paul K. Kerr. Congressional Research Service Iran: U.S. Economic Sanctions and the Authority to Lift Restrictions Contents Overview.......................................................................................................................................... 1 Authority to Waive or Lift Economic Sanctions .............................................................................. 4 International Terrorism Determination ...................................................................................... 5 Legislation and Executive Orders .................................................................................................... 6 Tables Table 1. Iran—Economic Sanctions Currently Imposed in Furtherance of U.S. Foreign Policy or National Security Objectives......................................................................................... 8 Table 2. Executive Orders Issued to Meet Statutory Requirements To Impose Economic Sanctions on Iran ........................................................................................................................ 34 Contacts Author Contact Information........................................................................................................... 42 Congressional Research Service Iran: U.S. Economic Sanctions and the Authority to Lift Restrictions Overview The regime of economic sanctions against Iran is arguably the most complex the United States and the international community have ever imposed on a rogue state. Iran’s economy was once integrated into world trade, markets, and banking. As relations deteriorated, for the United States starting during Iran’s 1979 revolution and hostage-taking at the U.S. Embassy, and for the larger international community over more recent human rights, regional stability, and nuclear proliferation concerns, this complete economic integration offered seemingly limitless opportunities to impose economic restrictions and create points where pressure could be applied to bring Iran back into conformity with international norms. The June 2013 election of President Hassan Rouhani seemed to have created the possibility of an opening between the United States and Iran. The presidents of each nation addressed a fall 2013 meeting of the U.N. General Assembly, and spoke directly to one another shortly thereafter—the first direct contact at the top level in 34 years. Diplomatic staff representing the United States, Russia, China, France, Britain (permanent members of the U.N. Security Council), plus Germany (P5+1),1 met with Iran’s foreign ministry in mid-October 2013 on the heels of that contact. Over November 7-9, 2013, these negotiators drafted an interim deal that would require Iran to limit its nuclear program and, in exchange, require the United States and others to ease economic sanctions affecting Iran’s access to some of its hard currency held abroad. The P5+1 and Iran negotiators agreed to a Joint Plan of Action (JPOA) on November 24, 2013, under which Iran would commit to placing “meaningful limits on its nuclear program,” and the P5+1 states would “provide Iran with limited, targeted, and reversible sanctions relief for a six-month period.”2 Subsequently, all parties agreed to extend the terms of the JPOA an additional six months, to July 20, 2014, and again to November 24, 2014. As the November deadline was reached without final agreement, all parties extended terms of the JPOA—including sanctions relief—through June 30, 2015. Although the Administration had provided sanctions relief to the extent the laws allow, the State Department admonished those persons and entities under U.S. jurisdiction that most transactions continue to be prohibited and that [a]ll suspended sanctions are scheduled to resume on July 1, 2015 unless further action is taken by the P5+1 and Iran and subsequent waivers and guidance are issued by the U.S. government. Companies engaging in activities covered by the temporary sanctions relief should expect sanctions to apply to any activities that extend beyond the current end date of 1 Also referred to as the E3/EU+3. U.S. Department of the Treasury. Office of Foreign Assets Control. Guidance Relating to the Provision of Certain Temporary Sanctions Relief In Order To Implement the Joint Plan of Action Reached on November 24, 2013, Between the P5+1 and the Islamic Republic of Iran, January 20, 2014. 79 F.R. 5025; January 30, 2014. See also: U.S. Department of the Treasury. Office of Foreign Assets Control. Publication of Guidance Relating to the Provision of Certain Temporary Sanctions Relief, as Extended, July 21, 2014. 79 F.R. 45233; August 4, 2014; and Guidance Relating to the Provision of Certain Temporary Sanctions Relief in Order to Implement the Joint Plan of Action Reached on November 24, 2013, Between the P5+1 and the Islamic Republic of Iran, as Extended Through June 30, 2015. 79 F.R. 73141; December 8, 2014. See, also: Department of the Treasury. Frequently Asked Questions Relating to the Temporary Sanctions Relief To Implement the Joint Plan of Action Between the P5+1 and the Islamic Republic of Iran, January 20, 2014. OFAC has also issued a number of General Licenses related to sanctions relief, all available at http://www.treasury.gov/ofac. See also Iranian Transactions and Sanctions Regulations, at 31 Code of Federal Regulations (CFR) Part 560. 2 Congressional Research Service 1 Iran: U.S. Economic Sanctions and the Authority to Lift Restrictions the Extended JPOA Period, June 30, 2015. The temporary suspension of sanctions applies only to activities that begin and end during the period January 20, 2014 to June 30, 2015.3 Negotiators extended the deadline beyond June 30, 2015, first through July 7, then through July 10, then again through July 13. With each extension, the Departments of the Treasury and State issued a “Guidance on the Continuation of Certain Temporary Sanctions Relief Implementing the Joint Plan of Action, as Extended.”4 On July 14, 2015, the same day the negotiating parties agreed to the Joint Comprehensive Plan of Action that will be implemented over the next several years, the Department of the Treasury stated, in part, that: The P5+1 and Iran also decided on July 14, 2015 to further extend through Implementation Day the sanctions relief provided for in the Joint Plan of Action (JPOA) of November 24, 2013, as extended. This JPOA sanctions relief is the only Iran-related sanctions relief in effect until further notice. The U.S. government will issue revised guidance on the continued JPOA relief shortly. Effective July 14, 2015, all specific licenses that: (1) were issued pursuant to OFAC’s Second Amended Statement of Licensing Policy on Activities Related to the Safety of Iran’s Civil Aviation Industry, and (2) have an expiration date on or before July 14, 2015, are hereby authorized to remain in effect according to their terms until Implementation Day.5 Joint Comprehensive Plan of Action, Vienna, July 14, 2015 On July 14, 2015, the E3/EU+3 and Iran reached agreement on a Joint Comprehensive Plan of Action (JCPOA) in which “Iran reaffirms that under no circumstances will Iran ever seek, develop or acquire any nuclear weapons.” The Agreement also stated, “This JCPOA will produce the comprehensive lifting of all UN Security Council sanctions as well as multilateral and national sanctions related to Iran’s nuclear programme, including steps on access in areas of trade, technology, finance and energy.” (JCPOA, Authority to Lift Restrictions January 22, 2016 (R43311) Jump to Main Text of Report

Summary

The United States has led the international community in imposing economic sanctions on Iran, in an effort to change the government of that country's support of acts of international terrorism, poor human rights record, weapons and missile development and acquisition, role in regional instability, and development of a nuclear program.

This report identifies the legislative bases for sanctions imposed on Iran, and the nature of the authority to waive or lift those restrictions. It comprises two tables that present legislation and executive orders that are specific to Iran and its objectionable activities in the areas of terrorism, human rights, and weapons proliferation. It will be updated if and when new legislation is enacted, or, in the case of executive orders, if and when the President takes additional steps to change U.S. policy toward Iran.

On July 14, 2015, the United States, China, France, Germany, the Russian Federation, the United Kingdom, European Union, and Iran agreed to a Joint Comprehensive Plan of Action to "ensure that Iran's nuclear programme will be exclusively peaceful.... " In turn, the negotiating parties and United Nations would "produce the comprehensive lifting of all UN Security Council sanctions as well as multilateral and national sanctions related to Iran's nuclear programme, including steps on access in areas of trade, technology, finance, and energy."

On January 16, 2016, the International Atomic Energy Agency verified that Iran had implemented the measures enumerated in the JCPOA to disable and end its nuclear-related capabilities. Secretary of State Kerry confirmed the arrival of Implementation Day (defined in Annex V of the JCPOA). President Obama, the State Department, and the Department of the Treasury's Office of Foreign Assets Control initiated steps for the United States to meet its obligations under the JCPOA (Annexes II and V)—revoking a number of executive orders, delisting individuals and entities designated as Specially Designated Nationals, issuing general licenses to authorize the resumption of some trade, and exercising waivers for non-U.S. persons as allowable by various laws.

Other CRS reports address the U.S.-Iran relationship, including a comprehensive discussion of the practical application of economic sanctions: CRS Report RS20871, Iran Sanctions, by [author name scrubbed]. See also CRS Report R43333, Iran Nuclear Agreement, by [author name scrubbed] and [author name scrubbed]; CRS Report R43492, Achievements of and Outlook for Sanctions on Iran, by [author name scrubbed]; CRS Report RL32048, Iran, Gulf Security, and U.S. Policy, by [author name scrubbed]; and CRS Report R40094, Iran's Nuclear Program: Tehran's Compliance with International Obligations, by [author name scrubbed].

Iran: U.S. Economic Sanctions and the Authority to Lift Restrictions

Overview

The regime of economic sanctions against Iran is arguably the most complex the United States and the international community have ever imposed on a rogue state. Iran's economy was once integrated into world trade, markets, and banking. As relations deteriorated, for the United States starting during Iran's 1979 revolution and hostage-taking at the U.S. Embassy, and for the larger international community over more recent human rights, regional stability, and nuclear proliferation concerns, this complete economic integration offered seemingly limitless opportunities to impose economic restrictions and create points where pressure could be applied to bring Iran back into conformity with international norms.

The June 2013 election of President Hassan Rouhani seemed to have created the possibility of an opening between the United States and Iran. The presidents of each nation addressed a fall 2013 meeting of the U.N. General Assembly, and spoke directly to one another shortly thereafter—the first direct contact at the top level in 34 years. Diplomatic staff representing the United States, Russia, China, France, Britain (permanent members of the U.N. Security Council), plus Germany (P5+1),1 met with Iran's foreign ministry in mid-October 2013 on the heels of that contact. Over November 7-9, 2013, these negotiators drafted an interim deal that would require Iran to limit its nuclear program and, in exchange, require the United States and others to ease economic sanctions affecting Iran's access to some of its hard currency held abroad. The P5+1 and Iran negotiators agreed to a Joint Plan of Action (JPOA) on November 24, 2013, under which Iran would commit to placing "meaningful limits on its nuclear program," and the P5+1 states would "provide Iran with limited, targeted, and reversible sanctions relief for a six-month period."2 Subsequently, all parties agreed to extend the terms of the JPOA an additional six months, to July 20, 2014, and again to November 24, 2014. As the November deadline was reached without final agreement, all parties extended terms of the JPOA—including sanctions relief—through June 30, 2015.

Although the Administration had provided sanctions relief to the extent the laws allow, the State Department admonished those persons and entities under U.S. jurisdiction that most transactions continue to be prohibited and that

[a]ll suspended sanctions are scheduled to resume on July 1, 2015 unless further action is taken by the P5+1 and Iran and subsequent waivers and guidance are issued by the U.S. government. Companies engaging in activities covered by the temporary sanctions relief should expect sanctions to apply to any activities that extend beyond the current end date of the Extended JPOA Period, June 30, 2015. The temporary suspension of sanctions applies only to activities that begin and end during the period January 20, 2014 to June 30, 2015.3

Negotiators extended the deadline beyond June 30, 2015, first through July 7, then through July 10, then again through July 13. With each extension, the Departments of the Treasury and State issued a "Guidance on the Continuation of Certain Temporary Sanctions Relief Implementing the Joint Plan of Action, as Extended."4 On July 14, 2015, the same day the negotiating parties agreed to the Joint Comprehensive Plan of Action (JCPOA) that will be implemented over the next several years, the Department of the Treasury stated, in part, that

The P5+1 and Iran also decided on July 14, 2015 to further extend through Implementation Day the sanctions relief provided for in the Joint Plan of Action (JPOA) of November 24, 2013, as extended. This JPOA sanctions relief is the only Iran-related sanctions relief in effect until further notice. The U.S. government will issue revised guidance on the continued JPOA relief shortly.

Effective July 14, 2015, all specific licenses that (1) were issued pursuant to OFAC's Second Amended Statement of Licensing Policy on Activities Related to the Safety of Iran's Civil Aviation Industry, and (2) have an expiration date on or before July 14, 2015, are hereby authorized to remain in effect according to their terms until Implementation Day.5

Joint Comprehensive Plan of Action, Vienna, July 14, 2015

On July 14, 2015, the E3/EU+3 and Iran reached agreement on a Joint Comprehensive Plan of Action (JCPOA) in which "Iran reaffirms that under no circumstances will Iran ever seek, develop or acquire any nuclear weapons." The Agreement also stated, "This JCPOA will produce the comprehensive lifting of all UN Security Council sanctions as well as multilateral and national sanctions related to Iran's nuclear programme, including steps on access in areas of trade, technology, finance and energy." (JCPOA,
Preamble and General Provisions, paras. iii and v.) A 37-point main text and five annexes comprise the JCPOA. Annex II and its multiple attachments that identify "persons, entities and bodies set out in Annex II" define "Sanctions-related commitments." Annex V, the "Implementation Plan," establishes the timeline for each party to implement its responsibilities. The U.S. government summarizes the key markers relating to sanctions as follows:The UN Security Council resolution endorsing the JCPOA will terminate all the provisions of the previous UN Security Council resolutions on the Iranian nuclear issue simultaneously with the IAEA-verified implementation of agreed nuclear-related measures by Iran and will establish specific restrictions. The EU will terminate all provisions of the EU Regulation, as subsequently amended, implementing all the nuclear related economic and financial sanctions, including related designations, simultaneously with IAEA-verified implementation of agreed nuclear- related measures by Iran as specified in Annex V. The United States will cease the application, and will continue to do so, in accordance with the JCPOA, of the sanctions specified in Annex II, to take effect simultaneously with the IAEA-verified implementation of the agreed upon related measures by Iran as specified in Appendix V. (Note: U.S. statutory sanctions focused on Iran’s 's support for terrorism, human rights abuses, and missile activities will remain in effect and continue to be 3 Department of State Public Notice 8985 of December 10, 2014. 79 F.R. 78550-78553; December 30, 2014. Reiterated in Department of State Public Notice 9163 of June 1, 2015. 80 F.R.32193; June 5, 2015 4 The “Guidances” of June 30, 2015, July 7, 2015, and July 10, 2015, are available at the Office of Foreign Assets Control, Department of the Treasury, http enforced.)
  • Eight years after Adoption Day or when the IAEA has reached the Broader Conclusion that all the nuclear material in Iran remains in peaceful activities, whichever is earlier, the United States will seek such legislative action as may be appropriate to terminate or modify to effectuate the termination of sanctions specified in Annex II.
  • [Text of the JCPOA is available at http://eeas.europa.eu/top_stories/2015/150714_iran_nuclear_deal_en.htm. Text of the U.S. Government's "Key Excerpts of the JCPOA" is available at https://www.whitehouse.gov/sites/default/files/docs/jcpoa_key_excerpts.pdf]. Implementation Day

    The IAEA, on January 16, 2016, verified that Iran had met its nuclear-related commitments as set out in detail in Annex V of the JCPOA.6 Secretary of State Kerry confirmed the arrival of Implementation Day (defined in Annex V of the JCPOA). President Obama, the State Department, and the Department of the Treasury's Office of Foreign Assets Control initiated steps for the United States to meet its obligations under the JCPOA (Annexes II and V)—revoking a number of executive orders,7 delisting individuals and entities designated as Specially Designated Nationals, issuing general licenses to authorize the resumption of some trade, and exercising waivers for non-U.S. persons as allowable by various laws.8

    Department of the Treasury and Department of State Guidance

    In connection with reaching Implementation Day, January 16, 2016, the Department of the Treasury's Office of Foreign Assets Control (OFAC) issued several documents to identify what sanctions—in executive orders, legislation, and regulations—are waived, removed, or no longer applied. All of the following are available at OFAC's website: https
    ://www.treasury.gov/resource-center/sanctions/Programs/Pages/iran.aspx.Guidance Relating to the Lifting of Certain Sanctions Pursuant to theiran.aspx. 5 Department of the Treasury. “Statement Relating to the July 14, 2015 Announcement of a Joint Comprehensive Plan of Action Regarding the Islamic Republic of Iran’s Nuclear Program.” Congressional Research Service 2 Iran: U.S. Economic Sanctions and the Authority to Lift Restrictions enforced.) • Eight years after Adoption Day or when the IAEA has reached the Broader Conclusion that all the nuclear material in Iran remains in peaceful activities, whichever is earlier, the United States will seek such legislative action as may be appropriate to terminate or modify to effectuate the termination of sanctions specified in Annex II. [Text of the JCPOA is available at http://eeas.europa.eu/top_stories/2015/150714_iran_nuclear_deal_en.htm. Text of the U.S. Government’s “Key Excerpts of the JCPOA” is available at https://www.whitehouse.gov/sites/default/files/ docs/jcpoa_key_excerpts.pdf]. The sudden possibility that the United States may ease financial sector sanctions, and perhaps commit to an eventual dismantling of the entire panoply of economic restrictions on Iran affecting aid, trade, shipping, banking, insurance, underwriting, and support in the international financial institutions, arrived at a time when Congress had been considering additional sanctions on Iran. The 114th Congress enacted the Iran Nuclear Agreement Act of 2015,6 and the President signed the measure into law on May 22, 2015.7 The act, by amending the Atomic Energy Act of 1954, requires the President to send any agreement reached with Iran relating to its nuclear program to the Senate Committees on Finance; Banking, Housing, and Urban Affairs; Select Committee on Intelligence; and Foreign Relations; the House Committees on Ways and Means; Financial Services; Permanent Select Committee on Intelligence; Foreign Affairs; and majority and minority leaders in each chamber, within five days. Transmittal to Congress includes any supporting material, including a verification assessment report to be completed by the Secretary of State. The act affords Congress a period of time to review the agreement and assessment, during which “the President may not waive, suspend, reduce, provide relief from, or otherwise limit the application of statutory sanctions8 with respect to Iran under any provision of law or refrain from applying any such sanctions pursuant to an agreement.... ”9 6 The 114th Congress has begun its session with hearings on Iran’s activities, including U.S. Congress, Senate Committee on Foreign Relations, Implications of The Iran Nuclear Agreement For U.S. Policy In The Middle East, June 3, 2015; and House Committee on Foreign Affairs, Subcommittee on Middle East and Africa, Iran’s Enduring Ballistic Missile Threat, 114th Cong., 1st sess., June 9, 2015. The 113th Congress held a number of hearings on the matter, including U.S. Congress, House Committee on Foreign Affairs, Joint hearing of the Subcommittee on Middle East and North Africa and Subcommittee on Terrorism, Nonproliferation, and Trade, Implementation of the Iran Nuclear Deal, 113th Cong., 2nd sess., January 28, 2014; HFAC Subcommittee on Middle East and North Africa, Examining What a Nuclear Iran Deal Means for Global Security, November 20, 2014; HFAC Subcommittee on Terrorism, Nonproliferation, and Trade, Iranian Nuclear Talks: Negotiating a Bad Deal? November 18, 2014; Senate Committee on Foreign Relations, Negotiations on Iran’s Nuclear Program, February 4, 2014, Regional Implications Of A Nuclear Deal With Iran, June 12, 2014, Iran: Status of the P5+1, July 29, 2014, and Dismantling Iran’s Nuclear Weapons Program: Next Steps To Achieve A Comprehensive Deal, December 3, 2014. 7 P.L. 114-17 (H.R. 1191; 129 Stat. 201). 8 Section 135, Atomic Energy Act of 1954 (42 U.S.C. 2160e), as added by P.L. 114-17, does not define “statutory sanctions.” The section, however, provides, for purposes of sec. 135(c), which states Congress’s understanding that its enactment of a range of legislation that required the President to impose sanctions on Iran “is primarily responsible for bringing Iran to the table to negotiate on its nuclear program,” that: “the phrase ‘action involving any measure of statutory sanctions relief by the United States’ shall include waiver, suspension, reduction, or other effort to provide relief from, or otherwise limit the application of statutory sanctions with respect to, Iran under any provision of law or any other effort to refrain from applying any such sanctions.” 9 Section 135(b), Atomic Energy Act of 1954 (42 U.S.C. 2160e(b)), as added by P.L. 114-17. Section 135 also establishes a range of congressional-executive exchanges to be met concurrent with Iran implementing its side of any nuclear program agreement. Congressional Research Service 3 Iran: U.S. Economic Sanctions and the Authority to Lift Restrictions Congress is also considering the National Defense Authorization Act for Fiscal Year 2016. The House-passed version10 includes new reporting requirements on transfers of military equipment, technology, and training transfers to Iran (§1231); the military posture required in the Middle East to deter Iran from developing a nuclear weapon (§1233); and “any security agreement or commitment provided by the United States to any country in the Middle East, including the member countries of the Gulf Cooperation Council, associated with Iran’s nuclear weapons program” (§1235). It also prohibits military-to-military exchanges between the United States and Iran until the Secretary of Defense certifies that certain conditions have been achieved relating to Iran’s ballistic missile program, terrorism, and its bilateral relationship with Israel (§1234). The Senate-passed version11 requires additional reporting on Iran’s military and cyber capabilities (§1241). H.R. 1735 is in conference. Authority to Waive or Lift Economic Sanctions The ability to impose and ease economic sanctions with some nimbleness and responsiveness to changing events is key to effectively using the tool in furtherance of national security or foreign policy objectives. Historically, both the President and Congress have recognized this essential requirement and have worked together to provide the President substantial flexibility. In the collection of laws that are the statutory basis for the U.S. economic sanctions regime on Iran, the President retains, in varying degrees, the authority to tighten and relax restrictions. If an agreement is reached, congressional review requirements added to the Atomic Energy Act of 1954 by the Iran Nuclear Agreement Review Act of 2015 (discussed above) impose additional requirements on the executive branch before the President may ease or lift sanctions. In the Comprehensive Iran Sanctions, Accountability, and Divestment Act of 2010 (CISADA; P.L. 111-195 of Action on Implementation Day;
  • Frequently Asked Questions Relating to the Lifting of Certain U.S. Sanctions Under the Joint Comprehensive Plan of Action (JCPOA) on Implementation Day;
  • General License H: Authorizing Certain Transactions relating to Foreign Entities Owned or Controlled by a United States Person; and
  • Statement of Licensing Policy for Activities Related to the Export or Re-Export to Iran of Commercial Passenger Aircraft and Related Parts and Services.
  • Part VII of the Guidance Relating to the Lifting of Certain Sanctions identifies "key U.S. legal authorities that remain in place after Implementation Day," including those that authorize the imposition of sanctions in an effort to deter weapons proliferation and support of international terrorism. Part VII is reprinted, in its entirety, in the Appendix. The Role of Congress

    The sudden possibility that the United States may ease financial sector sanctions, and perhaps commit to an eventual dismantling of the entire panoply of economic restrictions on Iran affecting aid, trade, shipping, banking, insurance, underwriting, and support in the international financial institutions, arrived at a time when Congress had been considering additional sanctions on Iran.

    The 114th Congress enacted the Iran Nuclear Agreement Act of 2015,9 and the President signed the measure into law on May 22, 2015.10 The act, by amending the Atomic Energy Act of 1954, required the President to send any agreement reached with Iran relating to its nuclear program to the Senate Committees on Finance; Banking, Housing, and Urban Affairs; Select Committee on Intelligence; and Foreign Relations; the House Committees on Ways and Means; Financial Services; Permanent Select Committee on Intelligence; Foreign Affairs; and majority and minority leaders in each chamber, within five days. Transmittal to Congress was required to include any supporting material, including a verification assessment report to be completed by the Secretary of State. The act afforded Congress a period of time to review the agreement and assessment, during which "the President may not waive, suspend, reduce, provide relief from, or otherwise limit the application of statutory sanctions11 with respect to Iran under any provision of law or refrain from applying any such sanctions pursuant to an agreement.... "12 The requirements of the Iran Nuclear Agreement Act of 2015 were met; ultimately Congress did not adopt blocking legislation.

    The 114th Congress, however, remains seized of the matter, particularly monitoring Iran's reported activities related to international terrorism, terrorism financing, and ballistic missile research and development. In the Intelligence Appropriations Act, FY2016 (Division M, Consolidated Appropriations Act for 2016; P.L. 114-113; December 18, 2015), Congress requires the Director of National Intelligence, in consultation with the Secretary of the Treasury, to report regularly to Congress on the monetary value of sanctions relief Iran has received and if it has made use of the funds to support international terrorism, the regime of Bashar al Assad in Syria, nuclear weapons or ballistic missiles development at home or elsewhere, human rights abuses, or personal wealth of any senior government official.

    On January 13, 2016, the House adopted the Iran Terror Finance Transparency Act (H.R. 3662), by a vote of 191-106—a vote that was vacated on the same day, reportedly for procedural concerns.13 The bill, if enacted, would require the President to meet new certification standards before delisting a foreign financial institution, including an Iranian financial institution, or foreign person, from OFAC's lists of Specially Designated Nationals. It would also require heightened certification standards to be met before the designation of Iran as a "jurisdiction of money laundering concern" is removed.

    Authority to Waive or Lift Economic Sanctions

    The ability to impose and ease economic sanctions with some nimbleness and responsiveness to changing events is key to effectively using the tool in furtherance of national security or foreign policy objectives. Historically, both the President and Congress have recognized this essential requirement and have worked together to provide the President substantial flexibility. In the collection of laws that are the statutory basis for the U.S. economic sanctions regime on Iran, the President retains, in varying degrees, the authority to tighten and relax restrictions. If an agreement is reached, congressional review requirements added to the Atomic Energy Act of 1954 by the Iran Nuclear Agreement Review Act of 2015 (discussed above) impose additional requirements on the executive branch before the President may ease or lift sanctions.

    In the Comprehensive Iran Sanctions, Accountability, and Divestment Act of 2010 (CISADA; P.L. 111-195
    , as amended; 22 U.S.C. 8501 et seq.),14.),12 Congress grants to the President the authority to terminate most of the sanctions imposed on Iran in that act as well as the Iran Threat Reduction and Syria Human Rights Act of 2012 (P.L. 112-158; 22 U.S.C. 8701 et seq.), and Iran Freedom and Counter-proliferation Act of 2012 (P.L. 112-239; 22 U.S.C. 8801 et seq.). Before terminating these sanctions, however, the President must certify that the government of Iran has ceased its engagement in the two critical areas of terrorism and weapons, as set forth in Section 401 of CISADA— SEC. 401 [22 U.S.C. 8551]. GENERAL PROVISIONS. 10 H.R. 1735, adopted in the House by a vote of 269–151 (Roll No. 239; May 15, 2015). H.R. 1735, as amended, adopted in the Senate by a vote of 71-25 (Record Vote No. 215; June 18, 2015). The Senate took up the measure during the week of June 8, 2015, and had slated amendments for consideration, including an extension of the Iran Sanctions Act of 1996 through 2026 (it is scheduled to expire at the end of 2016) (Kirk-Menendez S.Amdt. 1710); a report on how Iran has used funds it accrued as a result of sanctions relief following the Joint Plan of Action (Kirk S.Amdt. 1759); and a sense of the Congress that “robust inspections and proper verification of all Iran’s nuclear programs, military installations, and access to scientists and their respective progress” should be required before the United States continues negotiations with Iran (Sessions S.Amdt. 1787). None of these amendments were incorporated into the final Senate vote. 12 Section 401(a) and (b)(1) of the Comprehensive Iran Sanctions, Accountability, and Divestment Act of 2010 (CISADA; P.L. 111-195; 22 U.S.C. 8551), as amended. Table 1 shows the sanctions for which Section 401 waiver authority is applicable. 11 Congressional Research Service 4 Iran: U.S. Economic Sanctions and the Authority to Lift Restrictions (a) SUNSET

    SEC. 401 [22 U.S.C. 8551]. GENERAL PROVISIONS.

    (a) Sunset
    .—The provisions of this Act (other than sections 105 and 305 and the amendments made by sections 102, 107, 109, and 205) shall terminate, and section 13(c)(1)(B) of the Investment Company Act of 1940, as added by section 203(a), shall cease to be effective, on the date that is 30 days after the date on which the President certifies to Congress that— (1) the Government of Iran has ceased providing support for acts of international terrorism and no longer satisfies the requirements for designation as a state sponsor of terrorism (as defined in section 301) under— (A) section 6(j)(1)(A) of the Export Administration Act of 1979 (50 U.S.C. App. 2405(j)(1)(A)) (or any successor thereto); (B) section 40(d) of the Arms Export Control Act (22 U.S.C. 2780(d)); or (C) section 620A(a) of the Foreign Assistance Act of 1961 (22 U.S.C. 2371(a)); and (2) Iran has ceased the pursuit, acquisition, and development of, and verifiably dismantled its, nuclear, biological, and chemical weapons and ballistic missiles and ballistic missile launch technology. (b) PRESIDENTIAL WAIVERS.— (1) IN GENERAL

    (b) Presidential Waivers.—

    (1) In general
    .—The President may waive the application of sanctions under section 103(b), the requirement to impose or maintain sanctions with respect to a person under section 105(a), 105A(a), 105B(a), or 105C(a) the requirement to include a person on the list required by section 105(b), 105A(b), 105B(b), or 105C(b), the application of the prohibition under section 106(a), or the imposition of the licensing requirement under section 303(c) with respect to a country designated as a Destination of Diversion Concern under section 303(a), if the President determines that such a waiver is in the national interest of the United States. International Terrorism Determination To lift the majority of the economic sanctions imposed by CISADA, the President must determine and certify that the government of Iran no longer supports acts of international terrorism. The government of Iran is designated as a state sponsor of acts of international terrorism, effective January 1984, pursuant to the Secretary of State's authorities and responsibilities under Section 6(j) of the Export Administration Act of 1979. Various statutes impede or prohibit foreign aid, financing, and trade because of that designation. Three laws (§620A, Foreign Assistance Act of 1961 [22 U.S.C. 2371]; §40, Arms Export Control Act [22 U.S.C. 2780]; and §6(j), Export Administration Act of 1979 [50 U.S.C. app. 2405(j)]) form the "terrorist list.”13"15 Because these statutes are not Iran-specific, they are not included in Table 1. Table 1. 13 Section 40A, Arms Export Control Act (22 U.S.C. 2780) also prohibits trade in defense articles and defense services to any country the President finds “is not cooperating fully with United States antiterrorism efforts.” The President may waive the prohibition if he finds it “important to the national interests” to do so. This provision requires the President to annually identify uncooperative states; Iran has been listed since the provision’s enactment in 1996 (first list was issued in 1997; authority to make certifications is currently delegated to the Secretary of State). On May 11, 2015, the Secretary of State issued the latest list, which continues to designate Iran. Department of State Public Notice 9148. 80 Federal Register 30319 (May 27, 2015). See also: CRS Report R43835, State Sponsors of Acts of International (continued...) Congressional Research Service 5 Iran: U.S. Economic Sanctions and the Authority to Lift Restrictions The President holds the authority to remove the designation of any country from the terrorist list. Though each of the three laws provides slightly different procedures, the authority to delist Iran resides with the President, and generally requires him to find thatthere has been a fundamental change in the leadership and policies of the government; the government is not supporting acts of international terrorism; and the government has assured that it will not support terrorism in the future. Alternatively, the President may notify Congress that the terrorism designation will be rescinded in 45 days, and that the rescission is justified on the basis thatthe government has not supported an act of terrorism in the preceding six months; and the government has assured that it will not support terrorism in the future. In the case of foreign aid, the President also is authorized to provide aid despite the terrorism designation if he finds that "national security interests or humanitarian reasons justify" doing so and so notifies Congress 15 days in advance. In practical terms, the process of removing a state from the list of sponsors of international terrorism is studied and argued throughout the entire executive branch interagency, with those departments that are tasked with administering the restrictions—primarily State, Commerce, Treasury, Justice, and Defense—each weighing in. For a state to be delisted—which has occurred, most recently, to North Korea and Libya—the Secretary of State publishes a public notice that the respective government no longer supports acts of international terrorism; that starts the 45-day countdown required by legislation. After 45 days (or later), both the President and the Secretary of State issue determinations and announcements, which is followed by a rewriting of each department's regulations governing exports, arms sales, transactions, and other related matters. The requirement that the foreign government has not supported terrorist acts for six months may be retrospective. Legislation and Executive Orders The The first two tables presented in this report identify the legislative bases for sanctions imposed on Iran, and the nature of the authority to waive or lift those restrictions. Table 1 presents legislation, and Table 2 shows executive orders that are specific to Iran and its objectionable activities in the areas of terrorism, human rights, and weapons proliferation. The latter two tables identify legislative and executive authorities that have been exercised to meet the requirements agreed to in the JCPOA on Implementation Day. Table 3 presents legislation, and Table 4 shows executive orders that have been waived, revoked, or altered to provide sanctions relief, based on Executive Order 13716 of January 16, 2016, and Departments of the Treasury and State Guidance Relating to the Lifting of Certain U.S. Sanctions Pursuant to the Joint Comprehensive Plan of Action on Implementation Day, also issued on January 16. Public laws that are not specific to the objectionable activities of the government of Iran but have been invoked to impede transactions or other economic or diplomatic relations are not included here. Failure to achieve human rights standards as a condition for foreign aid (e.g., the Foreign Assistance Act of 1961, the Trafficking Victims Protection Act of 2000, and related annual appropriations), or refusal to comply with international nonproliferation norms (e.g., Chemical and Biological Weapons Control and Warfare Elimination Act of 1991), for example, can trigger a range of economic sanctions. These and other authorities have been applied to Iran. It is unlikely (...continued) Terrorism—Legislative Parameters: In Brief, by Dianne E. Rennack. Congressional Research Service 6 Iran: U.S. Economic Sanctions and the Authority to Lift Restrictions that these statutes would be amended if and when they no longer apply to Iran. Sanctions authorized by these statutes are applied, and lifted, by executive branch decision. On the other hand, because the President holds sole authority to renew, alter, and revoke executive orders he issues pursuant to the National Emergencies Act (NEA) and the International Emergency Economic Powers Act (IEEPA), Table 2 includes actions taken that are specific to Iran and also actions taken that are not specific to Iran (e.g., Executive Order 13224 and 13382 target terrorists and proliferators, respectively) but have been applied to that country. The authorities in these orders have been exercised to affect Iran in a significant way. Executive orders are subject to their underlying statutory authorities: economic sanctions are most often based on the President's authorities established in IEEPA. These are applied and lifted by the President; often their implementation and administration are delegated to the Secretary of the Treasury, who in turn assigns the task to Treasury's Office of Foreign Assets Control. Many of the Iran-specific sanctions in statute cite the President's authority to curtail transactions under IEEPA. In some instances, Congress has enacted restrictions on the President's unilateral authority to revoke an order, and the economic restrictions therein, until specific conditions are met. The Departments of the Treasury and State have identified the provisions in laws and Executive Orders that the United States would suspend or waive to implement the Joint Plan of Action of November 24, 2013. In the following tables, these provisions are noted in bold in the far-right columns. Congressional Research Service 7 Table 1. Iran—Economic Sanctions Currently Imposed in Furtherance of U.S. Foreign Policy or National Security Objectives Statutory Basis Rationale Restriction Authority To Impose Authority To Lift or Waive FOREIGN AID: AUTHORIZATION AND APPROPRIATIONS Sec. 307, Foreign Assistance Act of 1961 (P.L. 87-195; 22 U.S.C. 2227; as amended) General foreign policy reasons Limits proportionate share of foreign aid to international organizations which, in turn, expend funds in Iran. Statutory requirement No waiver; exemption for certain UNICEF and IAEA programs. Secretary of State may block funds if he determines that IAEA programs are “inconsistent with U.S. nonproliferation and safety goals, will provide Iran with training or expertise ... , or are being used as a cover for the acquisition of sensitive nuclear technology” and notifies Congress. Sec. 7007, Foreign Operations Appropriations (Div. J, P.L. 113-235; 128 Stat. 2130) General foreign policy reasons Prohibits direct funding to the Government of Iran, including Export-Import Bank funds. Statutory requirement No waiver, though “notwithstanding” clauses elsewhere in appropriations and authorization statutes could result in aid being made available. Sec. 7015(f), Foreign Operations Appropriations (Div. J, P.L. 113-235; 128 Stat. 2130) General foreign policy reasons Prohibits most foreign aid to Iran, “except as provided through the regular notification procedures of the Committees on Appropriations.” Statutory requirement President may waive or lift by exercising notification procedures of the Committee on Appropriations. Sec. 7041(b), Foreign Operations Appropriations (Div. J, P.L. 113-235; 128 Stat. 2130) Nuclear nonproliferation Prohibits U.S. Export-Import Bank from providing financing “to any person that is subject to sanctions under” Sec. 5(a)(2) or (3) of the Iran Sanctions Act of 1996—those under sanctions for engaging in production or export to Iran of refined petroleum products. Statutory requirement No waiver, though those sanctioned under Sec. 5(a)(2) and (3), Iran Sanctions Act of 1996, is subject to change. See below. IRAQ SANCTIONS ACT OF 1990 (P.L. 101-513; 50 U.S.C. 1701 note; extended to apply to Iran by Sec. 1603 of the Iran-Iraq Arms Non-proliferation Act of 1992; see below) Sec. 586G Nonproliferation Prohibits: —Sales under the Arms Export Control Act (foreign military sales); CRS-8 Statutory requirement President may waive if he finds it “essential to the national interest” to do so and notifies the Armed Services, Foreign Affairs/Relations Statutory Basis Rationale Restriction Authority To Impose Authority To Lift or Waive Committees 15 days in advance (Sec. 1606, IIANA). —Export licenses for commercial arms sales for any USML item; —Export of Commerce Control List items; and —export of nuclear equipment, materials, or technology. IRAN-IRAQ ARMS NON-PROLIFERATION ACT OF 1992 (IIANA) (Title XVI of P.L. 102-484 (National Defense Authorization Act for Fiscal Year 1993); 50 U.S.C. 1701 note; as amended) Sec. 1603 Nonproliferation Makes selected sanctions in Sec. 586G, Iran Sanctions Act of 1990, applicable for Iran (see above). Sec. 1604 Nonproliferation For a period of 2 years, for any person who “transfers goods or technology so as to contribute knowingly and materially” to Iran’s efforts “to acquire chemical, biological, or nuclear weapons or to acquire destabilizing numbers and types of advanced conventional weapons”: President may waive; see Sec. 586G, Iran Sanctions Act of 1990, above. Statutory requirement President may waive if he finds it “essential to the national interest” to do so and notifies the Armed Services, Foreign Affairs/Relations Committees 15 days in advance (Sec. 1606, IIANA). Statutory requirement President may waive if he finds it “essential to the national interest” to do so and notifies the Armed Services, Foreign Affairs/Relations Committees 15 days in advance (Sec. 1606, IIANA). —prohibits USG procurement contracts; and —prohibits U.S. export licenses. Sec. 1605 Nonproliferation For any foreign government that “transfers or retransfers goods or technology so as to contribute knowingly and materially” to Iran’s efforts “to acquire chemical, biological, or nuclear weapons or to acquire destabilizing numbers and types of advanced conventional weapons”: —Suspends foreign aid for one year; —Requires U.S. opposition and “no” votes in international financial institutions for one year; —Suspends weapons codevelopment and coproduction agreements for one year; CRS-9 Statutory Basis Rationale Restriction Authority To Impose Authority To Lift or Waive —Suspends exchange agreements and related exports pertaining to military and dual-use technology for one year (unless such activities contribute to U.S. security); and —Prohibits the export of USML items for one year. Sec. 1605(c) Nonproliferation The President may exercise IEEPA authorities, excluding instances of “urgent humanitarian assistance,” toward the foreign country. (See IEEPA authorities, below.) At the President’s discretion At the President’s discretion, following IEEPA authorities (see below). Table 1. Iran—Economic Sanctions Currently Imposed in Furtherance of U.S. Foreign Policy or National Security Objectives

    Statutory Basis

    Rationale

    Restriction

    Authority To Impose

    Authority To Lift or Waive

    FOREIGN AID: AUTHORIZATION AND APPROPRIATIONS

    Sec. 307, Foreign Assistance Act of 1961 (P.L. 87-195; 22 U.S.C. 2227; as amended)

    General foreign policy reasons

    Limits proportionate share of foreign aid to international organizations which, in turn, expend funds in Iran.

    Statutory requirement

    No waiver; exemption for certain UNICEF and IAEA programs. Secretary of State may block funds if he determines that IAEA programs are "inconsistent with U.S. nonproliferation and safety goals, will provide Iran with training or expertise ... , or are being used as a cover for the acquisition of sensitive nuclear technology" and notifies Congress.

    Sec. 7007, Foreign Operations Appropriations (Div. K, P.L. 114-113; 129 Stat. 2242)

    General foreign policy reasons

    Prohibits direct funding to the Government of Iran, including Export-Import Bank funds.

    Statutory requirement

    No waiver, though "notwithstanding" clauses elsewhere in appropriations and authorization statutes could result in aid being made available.

    Sec. 7015(f), Foreign Operations Appropriations (Div. K, P.L. 114-113; 129 Stat. 2242)

    General foreign policy reasons

    Prohibits most foreign aid to Iran, "except as provided through the regular notification procedures of the Committees on Appropriations."

    Statutory requirement

    President may waive or lift by exercising notification procedures of the Committee on Appropriations.

    Sec. 7041(b), Foreign Operations Appropriations (Div. K, P.L. 114-113; 129 Stat. 2242)

    Nuclear nonproliferation

    Prohibits U.S. Export-Import Bank from providing financing "to any person that is subject to sanctions under" Sec. 5(a)(2) or (3) of the Iran Sanctions Act of 1996—those under sanctions for engaging in production or export to Iran of refined petroleum products.

    Statutory requirement

    No waiver, though those sanctioned under Sec. 5(a)(2) and (3), Iran Sanctions Act of 1996, is subject to change. See below.

    IRAQ SANCTIONS ACT OF 1990

    (P.L. 101-513; 50 U.S.C. 1701 note; extended to apply to Iran by Sec. 1603 of the Iran-Iraq Arms Non-proliferation Act of 1992; see below)

    Sec. 586G

    Nonproliferation

    Prohibits:

    —Sales under the Arms Export Control Act (foreign military sales);

    —Export licenses for commercial arms sales for any USML item;

    —Export of Commerce Control List items; and

    —export of nuclear equipment, materials, or technology.

    Statutory requirement

    President may waive if he finds it "essential to the national interest" to do so and notifies the Armed Services, Foreign Affairs/Relations Committees 15 days in advance (Sec. 1606, IIANA).

    IRAN-IRAQ ARMS NON-PROLIFERATION ACT OF 1992 (IIANA)

    (Title XVI of P.L. 102-484 (National Defense Authorization Act for Fiscal Year 1993); 50 U.S.C. 1701 note; as amended)

    Sec. 1603

    Nonproliferation

    Makes selected sanctions in Sec. 586G, Iran Sanctions Act of 1990, applicable for Iran (see above).

     

    President may waive; see Sec. 586G, Iran Sanctions Act of 1990, above.

    Sec. 1604

    Nonproliferation

    For a period of 2 years, for any person who "transfers goods or technology so as to contribute knowingly and materially" to Iran's efforts "to acquire chemical, biological, or nuclear weapons or to acquire destabilizing numbers and types of advanced conventional weapons":

    —prohibits USG procurement contracts; and

    —prohibits U.S. export licenses.

    Statutory requirement

    President may waive if he finds it "essential to the national interest" to do so and notifies the Armed Services, Foreign Affairs/Relations Committees 15 days in advance (Sec. 1606, IIANA).

    Sec. 1605

    Nonproliferation

    For any foreign government that "transfers or retransfers goods or technology so as to contribute knowingly and materially" to Iran's efforts "to acquire chemical, biological, or nuclear weapons or to acquire destabilizing numbers and types of advanced conventional weapons":

    —Suspends foreign aid for one year;

    —Requires U.S. opposition and "no" votes in international financial institutions for one year;

    —Suspends weapons codevelopment and coproduction agreements for one year;

    —Suspends exchange agreements and related exports pertaining to military and dual-use technology for one year (unless such activities contribute to U.S. security); and

    —Prohibits the export of USML items for one year.

    Statutory requirement

    President may waive if he finds it "essential to the national interest" to do so and notifies the Armed Services, Foreign Affairs/Relations Committees 15 days in advance (Sec. 1606, IIANA).

    Sec. 1605(c)

    Nonproliferation

    The President may exercise IEEPA authorities, excluding instances of "urgent humanitarian assistance," toward the foreign country. (See IEEPA authorities, below.)

    At the President's discretion

    At the President's discretion, following IEEPA authorities (see below).

    IRAN SANCTIONS ACT OF 1996 (ISA 1996)a (a (P.L. 104-172; 50 U.S.C. 1701 note; as amended; Act sunsets effective December 31, 2016 (Sec. 13(b)) Sec. 5(a), Sec, 6 Nonproliferation Anti-terrorism

    Sec. 5(a), Sec, 6

    Nonproliferation

    Anti-terrorism

    Sec. 5(a) identifies developing Iran's energy sector as behavior to be investigated and cause for sanctions: —investing in Iran's petroleum resources; —providing to Iran goods, services, technology, information, or support relating to production of refined petroleum products; —trades in, facilitates, or finances Iran's refined petroleum products; —joint ventures with the Government of Iran to develop refined petroleum resources; —supporting Iran's development of petroleum products; —supporting Iran's development of petrochemical products; —transporting crude oil from Iran; and —concealing Iran origin of petroleum products in the course of transporting such products. President imposes, based on investigation (Sec. 4(e)). Generally, imposed for a period of 2 years (Sec. 9(b)). President may delay imposition of sanctions for up to 90 days in order to initiate consultations with foreign government of jurisdiction (Sec. 9(a)). The President may waive, case-by-case, for 6 months and for further 6-12 months depending on circumstances, for a foreign national if he finds it “vital to the national security interests” and notifies the Committees on Finance, Banking, Foreign Relations. Foreign Affairs, Ways and Means, Financial Services, 30 days in advance (Sec. 4(c)). The President may waive for 12 months if the targeted person is subject to a government cooperating with U.S. in multilateral nonproliferation efforts relating to Iran, it is vital to national security interests, and he notifies Congress 30 days in advance. The President may cancel an investigation (precursor to imposing sanctions) if he determines the person is no longer engaged in objectionable behavior and has credible assurances such behavior will not occur in the future (Sec. 4(e)). The President may not apply sanctions if CRS-10 Statutory Basis Rationale Restriction President may choose among the following penalties, and is required to impose at least five (Sec. 6): —deny Export-Import Bank program funds; —deny export licenses; —prohibit loans from U.S. financial institutions; —prohibit targeted financial institutions being designated as a primary dealer or a repository of government funds; —deny U.S. government procurement contracts; —limit or prohibit foreign exchange transactions; —limit or prohibit transactions with banks under U.S. jurisdiction; —prohibit transactions related to U.S.-based property; —prohibit investments in equity of a targeted entity; —deny visas to, or expel, any person who holds a position or controlling interest in a targeted entity; —impose any of the above on a targeted entity’s principal executive officers; and —economic restrictions drawing from IEEPA authorities (see below). Authority To Impose Authority To Lift or Waive transaction: —meets an existing contract requirement; —is completed by a sole source supplier; or —is “essential to the national security under defense coproduction agreements”; —is specifically designated under certain trade laws; —complies with existing contracts and pertains to spare parts, component parts, servicing and maintenance, or information and technology relating to essential U.S. products, or medicine, medical supplies or humanitarian items (Sec. 5(f)). The requirement to impose sanctions under Sec. 5(a) has no force or effect if the President determines Iran: —has ceased programs relating to nuclear weapons, chemical and biological weapons, ballistic missiles; —is no longer designated as a state supporter of acts of international terrorism; and —“poses no significant threat to United States national security, interests, or allies.” (Sec. 8). President may lift sanctions if he determines behavior has changed (Sec. 9(b)(2)). President may waive sanctions if he determines it is “essential to national security interests” to do so (Sec. 9(c)). President may delay imposition of sanctions expanded by amendments in the Comprehensive Iran Sanctions, CRS-11 Statutory Basis Rationale Restriction Authority To Impose Authority To Lift or Waive Accountability, and Divestment Act (CISADA), relating to development and export of refined petroleum products, for up to 180 days, and in additional 180-day increments, if President certifies objectionable activities are being curtailed (CISADA, Sec. 102(h)). State Department Public Notice 8610 of January 22, 2014 (79 F.R. 4522) (Guidance of January 20, 2014) waives Sec. 5(a)(7) as it applies to National Iranian Oil Company (NIOC) and the National Iranian Tanker Company (NITC) for oil trade with China, India, Japan, South Korea, Taiwan, and Turkey, with conditions (vital to national security interests). Extended in Guidance of July 21, 2014 (79 F.R. 45233). Further extended in Guidance of November 25, 2014 (79 F.R. 73141). See also State Department Public Notice 8985 of December 10, 2014 (79 F.R. 78551); and State Department Public Notice 9163 (May 15, 2015) (80 F.R. 32193). See also Department of the Treasury statement of July 14, 2015 (p. 2, this report). All U.S. government agencies are required to certify any prospective contractor as not being subject to sanctions under this section (Sec. 6(b)). Sec. 5(b), Sec. 6 Nonproliferation Anti-terrorism Sec. 5(b) identifies developing Iran’s WMD or other military capabilities as cause for sanctions: —exports, transfers, and transshipments of military/weapons goods, services, or technology; and —joint ventures relating to uranium mining, production, or transportation. CRS-12 President may waive contractor certification requirement, case-by-case, if he finds it “essential to national security interests” to do so (Sec. 6(b)(5)). Statutory requirement; generally imposed for a period of 2 years (Sec. 9(b)). The President may not apply sanctions if: President may delay imposition of sanctions for up to 90 days in order to initiate consultations —President determines the government of jurisdiction did not know person was engaged in activity, or has taken steps to prevent recurrence; —in the case of joint venture, is terminated within 180 days; Statutory Basis Rationale Restriction President may choose among the following penalties, and is required to impose at least five (Sec. 6): —deny Export-Import Bank program funds; Authority To Impose with foreign government of jurisdiction (Sec. 9(a)). Authority To Lift or Waive —case-by-case, President determines approval of activity is “vital to national security interests of the United States” and notifies Congress; or —deny export licenses; The President may not apply sanctions if transaction: —prohibit loans from U.S. financial institutions; —meets an existing contract requirement; —prohibit targeted financial institutions being designated as a primary dealer or a repository of government funds; —is completed by a sole source supplier; or —deny U.S. government procurement contracts; —limit or prohibit foreign exchange transactions; —limit or prohibit transactions with banks under U.S. jurisdiction; —prohibit transactions related to U.S.-based property; —is “essential to the national security under defense coproduction agreements”; —is specifically designated under certain trade laws; —complies with existing contracts and pertains to spare parts, component parts, servicing and maintenance, or information and technology relating to essential U.S. products, or medicine, medical supplies or humanitarian items (Sec. 5(f)). —prohibit investments in equity of a targeted entity; —deny visas to, or expel, any person who holds a position or controlling interest in a targeted entity; CRS-13 —impose any of the above on a targeted entity’s principal executive officers; and President may waive contractor certification requirement, case-by-case, if he finds it “essential to national security interests” to do so (Sec. 6(b)(5)). —economic restrictions drawing from IEEPA authorities (see below). President may lift sanctions if he determines behavior has changed (Sec. 9(b)(2)). All U.S. government agencies are required to certify any prospective contractor as not being subject to sanctions under this section (Sec. 6(b)). President may waive sanctions if he determines it is “essential to national security interests” to do so (Sec. 9(c)). Statutory Basis Rationale Restriction Authority To Impose Authority To Lift or Waive

    President may choose among the following penalties, and is required to impose at least five (Sec. 6):

    —deny Export-Import Bank program funds;

    —deny export licenses;

    —prohibit loans from U.S. financial institutions;

    —prohibit targeted financial institutions being designated as a primary dealer or a repository of government funds;

    —deny U.S. government procurement contracts;

    —limit or prohibit foreign exchange transactions;

    —limit or prohibit transactions with banks under U.S. jurisdiction;

    —prohibit transactions related to U.S.-based property;

    —prohibit investments in equity of a targeted entity;

    —deny visas to, or expel, any person who holds a position or controlling interest in a targeted entity;

    —impose any of the above on a targeted entity's principal executive officers; and

    —economic restrictions drawing from IEEPA authorities (see below).

    President imposes, based on investigation (Sec. 4(e)). Generally, imposed for a period of 2 years (Sec. 9(b)).

    President may delay imposition of sanctions for up to 90 days in order to initiate consultations with foreign government of jurisdiction (Sec. 9(a)).

    Sec. 5(a) waived; made inapplicable "to the extent necessary to implement the JCPOA and excluding any transactions involving persons on OFAC's SDN list.... " See Table 3.

    The President may waive, case-by-case, for 6 months and for further 6-12 months depending on circumstances, for a foreign national if he finds it "vital to the national security interests" and notifies the Committees on Finance, Banking, Foreign Relations. Foreign Affairs, Ways and Means, Financial Services, 30 days in advance (Sec. 4(c)).

    The President may waive for 12 months if the targeted person is subject to a government cooperating with U.S. in multilateral nonproliferation efforts relating to Iran, it is vital to national security interests, and he notifies Congress 30 days in advance.

    The President may cancel an investigation (precursor to imposing sanctions) if he determines the person is no longer engaged in objectionable behavior and has credible assurances such behavior will not occur in the future (Sec. 4(e)).

    The President may not apply sanctions if transaction:

    —meets an existing contract requirement;

    —is completed by a sole source supplier; or

    —is "essential to the national security under defense coproduction agreements";

    —is specifically designated under certain trade laws;

    —complies with existing contracts and pertains to spare parts, component parts, servicing and maintenance, or information and technology relating to essential U.S. products, or medicine, medical supplies or humanitarian items (Sec. 5(f)).

    The requirement to impose sanctions under Sec. 5(a) has no force or effect if the President determines Iran:

    —has ceased programs relating to nuclear weapons, chemical and biological weapons, ballistic missiles;

    —is no longer designated as a state supporter of acts of international terrorism; and

    —"poses no significant threat to United States national security, interests, or allies." (Sec. 8).

    President may lift sanctions if he determines behavior has changed (Sec. 9(b)(2)).

    President may waive sanctions if he determines it is "essential to national security interests" to do so (Sec. 9(c)).

    President may delay imposition of sanctions expanded by amendments in the Comprehensive Iran Sanctions, Accountability, and Divestment Act (CISADA), relating to development and export of refined petroleum products, for up to 180 days, and in additional 180-day increments, if President certifies objectionable activities are being curtailed (CISADA, Sec. 102(h)).

    See also:

    State Department Public Notice 8610 of January 22, 2014 (79 F.R. 4522) (Guidance of January 20, 2014)

    Guidance of July 21, 2014 (79 F.R. 45233)

    Guidance of November 25, 2014 (79 F.R. 73141)

    State Department Public Notice 8985 of December 10, 2014 (79 F.R. 78551)

    State Department Public Notice 9163 (May 15, 2015) (80 F.R. 32193)

    See also Department of the Treasury statement of July 14, 2015 (p. 2, this report).

       

    All U.S. government agencies are required to certify any prospective contractor as not being subject to sanctions under this section (Sec. 6(b)).

     

    President may waive contractor certification requirement, case-by-case, if he finds it "essential to national security interests" to do so (Sec. 6(b)(5)).

    Sec. 5(b), Sec. 6

    Nonproliferation

    Anti-terrorism

    Sec. 5(b) identifies developing Iran's WMD or other military capabilities as cause for sanctions:

    —exports, transfers, and transshipments of military/weapons goods, services, or technology; and

    —joint ventures relating to uranium mining, production, or transportation.

    President may choose among the following penalties, and is required to impose at least five (Sec. 6):

    —deny Export-Import Bank program funds;

    —deny export licenses;

    —prohibit loans from U.S. financial institutions;

    —prohibit targeted financial institutions being designated as a primary dealer or a repository of government funds;

    —deny U.S. government procurement contracts;

    —limit or prohibit foreign exchange transactions;

    —limit or prohibit transactions with banks under U.S. jurisdiction;

    —prohibit transactions related to U.S.-based property;

    —prohibit investments in equity of a targeted entity;

    —deny visas to, or expel, any person who holds a position or controlling interest in a targeted entity;

    —impose any of the above on a targeted entity's principal executive officers; and

    —economic restrictions drawing from IEEPA authorities (see below).

    All U.S. government agencies are required to certify any prospective contractor as not being subject to sanctions under this section (Sec. 6(b)).

    Statutory requirement; generally imposed for a period of 2 years (Sec. 9(b)).

    President may delay imposition of sanctions for up to 90 days in order to initiate consultations with foreign government of jurisdiction (Sec. 9(a)).

    The President may not apply sanctions if:

    —in the case of joint venture, is terminated within 180 days;

    —President determines the government of jurisdiction did not know person was engaged in activity, or has taken steps to prevent recurrence;

    —case-by-case, President determines approval of activity is "vital to national security interests of the United States" and notifies Congress; or

    The President may not apply sanctions if transaction:

    —meets an existing contract requirement;

    —is completed by a sole source supplier; or

    —is "essential to the national security under defense coproduction agreements";

    —is specifically designated under certain trade laws;

    —complies with existing contracts and pertains to spare parts, component parts, servicing and maintenance, or information and technology relating to essential U.S. products, or medicine, medical supplies or humanitarian items (Sec. 5(f)).

    President may waive contractor certification requirement, case-by-case, if he finds it "essential to national security interests" to do so (Sec. 6(b)(5)).

    President may lift sanctions if he determines behavior has changed (Sec. 9(b)(2)).

    President may waive sanctions if he determines it is "essential to national security interests" to do so (Sec. 9(c)).

    IRAN, NORTH KOREA, AND SYRIA NONPROLIFERATION ACT (INKSA) ( (P.L. 106-178; 50 U.S.C. 1701 note; as amended) Sec. 3 Nonproliferation

    Sec. 3

    Nonproliferation

    Foreign persons identified by President as having transferred to or acquired from Iran goods, services, or technology related to weapons or missile proliferation may, at the President’s 's discretion, be: At the President’s discretion President may choose to not impose sanctions, but must justify to Committees on Foreign Affairs and Foreign Relations (Sec. 4). President may choose to not impose sanctions if he finds: —denied entering into procurement contracts with the U.S. government; —targeted person did not knowingly engage in objectionable transaction; —prohibited transactions relating to import into the United States; —transaction did not materially contribute to proliferation; —prohibited arms sales from the United States of USML articles and services; —government of jurisdiction adheres to relevant nonproliferation regime; or —denied export licenses for items controlled under the Export Administration Act of 1979 or Export Administration Regulations. —government of jurisdiction “has imposed meaningful penalties” (Sec. 5(a)).

    —denied entering into procurement contracts with the U.S. government;

    —prohibited transactions relating to import into the United States;

    —prohibited arms sales from the United States of USML articles and services;

    —denied export licenses for items controlled under the Export Administration Act of 1979 or Export Administration Regulations.

    At the President's discretion

    President may choose to not impose sanctions, but must justify to Committees on Foreign Affairs and Foreign Relations (Sec. 4).

    President may choose to not impose sanctions if he finds:

    —targeted person did not knowingly engage in objectionable transaction;

    —transaction did not materially contribute to proliferation;

    —government of jurisdiction adheres to relevant nonproliferation regime; or

    —government of jurisdiction "has imposed meaningful penalties" (Sec. 5(a)).

    TRADE SANCTIONS REFORM AND EXPORT ENHANCEMENT ACT OF 2000 (TSRA) (Title IX of P.L. 106-387 (Agriculture, Rural Development, Food and Drug Administration, and Related Agencies Appropriations Act, 2001); 22 U.S.C. 7201 et seqet seq.; as amended) Sec. 906 (22 U.S.C. 7205) Anti-terrorism 7205)

    Anti-terrorism

    Requires export licenses for agricultural commodities, medicines, medical devices to any government designated as a state sponsor of acts of international terrorism. Statutory requirement

    Statutory requirement

    No waiver; the executive branch (primarily Departments of Commerce, for exportation, and Treasury for related transactions) may issue export licenses limited to a 12-month duration but there is no limit on the number or nature of licenses generally. Sec. 908 (22 U.S.C. 7207) Anti-terrorism 7207)

    Anti-terrorism

    Prohibits U.S. assistance—foreign aid, export assistance, credits, guarantees—for commercial exports to Iran. Statutory requirement

    Statutory requirement

    President may waive if "it is in the national security interest of the United States to do so, or for humanitarian reasons.” CRS-14 Statutory Basis Rationale Restriction Authority To Impose Authority To Lift or Waive " IRAN NUCLEAR PROLIFERATION PREVENTION ACT OF 2002 (INPPA) (Subtitle D of title XIII of P.L. 107-228 (Foreign Relations Authorization Act for Fiscal Year 2003)) Sec. 1343(b) (22 U.S.C. 2027(b)) CRS-15 Nonproliferation

    Sec. 1343(b) (22 U.S.C. 2027(b))

    Nonproliferation

    Requires the U.S. representative to the IAEA to oppose programs that are "inconsistent with nuclear nonproliferation and safety goals of the United States." Discretionary, based on findings of the Secretary of State No waiver; however, “nay”"nay" votes are based on the Secretary of State's annual review of IAEA programs and determinations. Statutory Basis Rationale Restriction Authority To Impose Authority To Lift or Waive IRAN FREEDOM SUPPORT ACT (IFSA) ( (P.L. 109-293; 50 U.S.C. 1701 note) Sec. 101 Democracy promotion General foreign policy reasons

    Sec. 101

    Democracy promotion

    General foreign policy reasons

    Makes permanent the restrictions the President imposed under IEEPA/NEA authorities in Executive Order 12957, which: Statutory requirement —prohibits any U.S. person from entering into a contract or financing or guaranteeing performance under a contract relating to petroleum resource development in Iran; President may terminate the sanctions if he notifies Congress 15 days in advance, unless “exigent circumstances” warrant terminating the restrictions without notice, in which case Congress shall be notified within 3 days after termination. petroleum resource development in Iran; and Executive Order 12959, which: —prohibits any U.S. person from investing in Iran; and Executive Order 13059, which: —prohibits any U.S. person from exporting where the end-user is Iran or the Government of Iran; —prohibits any U.S. person from investing in Iran; —prohibits any U.S. person from engaging in transactions or financing related to Iran-origin goods or services.

    Statutory requirement

    President may terminate the sanctions if he notifies Congress 15 days in advance, unless "exigent circumstances" warrant terminating the restrictions without notice, in which case Congress shall be notified within 3 days after termination.

    COMPREHENSIVE IRAN SANCTIONS, ACCOUNTABILITY, AND DIVESTMENT ACT OF 2010 (CISADA) ( (P.L. 111-195; 22 U.S.C. 8501 et seq.; as amended) Sec. 103(b)(1) and (2) (22 U.S.C. 8512) Nonproliferation Human rights Anti-terrorism

    Nonproliferation

    Human rights

    Anti-terrorism

    Prohibits most imports into the United States of goods of Iranian origin. Prohibits a U.S. person from exporting most U.S.-origin goods, services, or technology to Iran. Statutory requirement Iran.

    Statutory requirement

    Allows imports, exports, food, medicine, and humanitarian aid as covered by IEEPA and TSRA. President may allow exports if he determines to do so is in the national interest. Most of CISADA, including sanctions under this section, ceases to be effective when CRS-16 Statutory Basis Rationale Restriction Authority To Impose Authority To Lift or Waive President removes Iran's designation as a sponsor of acts of international terrorism and that country has ceased its pursuit of weapons of mass destruction (WMD) (Sec. 401; 22 U.S.C. 8551). President may waive if he finds it "in the national interest" to do so (Sec. 401(b)). Sec. 103(b)(3) (22 U.S.C. 8512) Nonproliferation Human rights

    Nonproliferation

    Human rights

    Anti-terrorism

    Freezes assets of individual, family member, or associates acting on behalf of individual, in compliance with IEEPA authorities. President determines President’s discretion.

    President determines

    President's discretion.

    Most of CISADA, including sanctions under this section, ceases to be effective when President removes Iran's designation as a sponsor of acts of international terrorism and that country has ceased its pursuit of WMD (Sec. 401; 22 U.S.C. 8551). Anti-terrorism President may waive if he finds it "in the national interest" to do so (Sec. 401(b)). Sec. 104(c) (22 U.S.C. 8513(c)) Anti-money laundering Anti-terrorism (financing) Nonproliferation 8513(c))

    Anti-money laundering

    Anti-terrorism (financing)

    Nonproliferation

    Imposes IEEPA-authorized economic restrictions, to be issued by Secretary of the Treasury in new regulations and prohibits U.S. banks opening or maintaining correspondent or payable-through accounts for any foreign financial institution that: —facilitates Iran's acquisition of WMD; —facilitates Iran's support of foreign terrorist organizations (FTO); —facilitates activities of persons subject to U.N. Security Council sanctions; —engages in money laundering; —facilitates Iran's Central Bank or other financial institution in objectionable activities; or —facilitates transactions of IRGC or others under IEEPA sanctions. CRS-17 Statutory requirement Secretary of the Treasury may waive if he finds it “necessary to the national interest” to do so (subsec. (f)). Most of CISADA, including sanctions under this section, ceases to be effective when President removes Iran’s designation as a sponsor of acts of international terrorism and that country has ceased its pursuit of WMD (Sec. 401; 22 U.S.C. 8551). Statutory Basis Sec. 104(c)(4) (22 U.S.C. 8513(c)(4)) Rationale Anti-money laundering Anti-terrorism (financing) Nonproliferation Restriction Authority To Impose Authority To Lift or Waive Subjects National Iranian Oil Company (NIOC) and National Iranian Tanker Company (NITC) to IEEPA-authorized economic restrictions, promulgated by the Secretary of the Treasury under Sec. 104(c) (above) if found to be affiliated with the Iranian Revolutionary Guard Corps (IRGC). Requires Secretary of the Treasury determination Secretary of the Treasury may waive if he finds it “necessary to the national interest” to do so (subsec. (f)). If the country of primary jurisdiction is exempted under Sec. 1245, National Defense Authorization Act, 2012 (NDAA’12), that exemption extends to financial entities engaged in transactions with NIOC and NITC (Sec. 104(c)(4)(C)). Most of CISADA, including sanctions under this section, ceases to be effective when President removes Iran’s designation as a sponsor of acts of international terrorism and that country has ceased its pursuit of WMD (Sec. 401; 22 U.S.C. 8551). Sec. 104A (22 U.S.C. 8513A) Anti-money laundering Anti-terrorism (financing) Expands restriction established in Sec. 104 (above) to also apply to any foreign financial institution that facilitates, participates, or assists in activities identified in Sec. 104(c). Requires Secretary of the Treasury to issue new regulations Imposes sanctions on individuals the President identifies as responsible for or complicit in the human rights crackdown around the 2009 national election. Statutory requirement of the President Most of CISADA, including sanctions under this section, ceases to be effective when President removes Iran’s designation as a sponsor of acts of international terrorism and that country has ceased its pursuit of WMD (Sec. 401; 22 U.S.C. 8551). Nonproliferation Sec. 105 (22 U.S.C. 8514) Human rights Sanctions include visa ineligibility and IEEPArelated economic restrictions. Secretary of the Treasury may waive if he finds it “necessary to the national interest” to do so (sec. 104(f)). President may terminate sanctions when he determines and certifies that the government of Iran has released political prisoners detained around the June 2009 election; ceased related objectionable activities; investigated related killings, arrests, and abuses; and made public commitment to establishing an independent judiciary and upholding international human rights standards. Most of CISADA, including sanctions under CRS-18 Statutory Basis Rationale Restriction Authority To Impose Authority To Lift or Waive this section, ceases to be effective when President removes Iran’s designation as a sponsor of acts of international terrorism and that country has ceased its pursuit of WMD (Sec. 401; 22 U.S.C. 8551). President may waive if he finds it “in the national interest” to do so (Sec. 401(b)). Sec. 105A (22 U.S.C. 8514A) Human rights Imposes sanctions on any individual the President identifies as providing goods or technology to the government of Iran to facilitate human rights abuses, including “sensitive technology.” Includes making such materials available to the IRGC. Statutory requirement of the President President may terminate sanctions when he determines an individual has taken steps toward stopping objectionable activity, and will not reengage. Most of CISADA, including sanctions under this section, ceases to be effective when President removes Iran’s designation as a sponsor of acts of international terrorism and that country has ceased its pursuit of WMD (Sec. 401; 22 U.S.C. 8551). Sanctions include visa ineligibility and IEEPArelated economic restrictions. President may waive if he finds it “in the national interest” to do so (Sec. 401(b)). Sec. 105B (22 U.S.C. 8514B) Human rights (freedom of expression and assembly) Imposes sanctions on any individual the President identifies as engaging in censorship or limiting the freedom of assembly. Statutory requirement of the President Sanctions include visa ineligibility and IEEPArelated economic restrictions. Most of CISADA, including sanctions under this section, ceases to be effective when President removes Iran’s designation as a sponsor of acts of international terrorism and that country has ceased its pursuit of WMD (Sec. 401; 22 U.S.C. 8551). President may waive if he finds it “in the national interest” to do so (Sec. 401(b)). Sec. 105C (22 U.S.C. 8514C) Human rights (diversion of food and medicine) Imposes sanctions on any individual the President identifies as diverting food and medicine from reaching the Iranian people. Sanctions include visa ineligibility and IEEPArelated economic restrictions. Statutory requirement of the President Most of CISADA, including sanctions under this section, ceases to be effective when President removes Iran’s designation as a sponsor of acts of international terrorism and that country has ceased its pursuit of WMD (Sec. 401; 22 U.S.C. 8551). President may waive if he finds it “in the CRS-19 Statutory Basis Rationale Restriction Authority To Impose Authority To Lift or Waive national interest” to do so (Sec. 401(b)). Sec. 106 (22 U.S.C. 8515) Human rights (freedom of expression and assembly) Prohibits entering into procurement contracts with any individual the President identifies as exporting sensitive technology to Iran. Statutory requirement of the President President may exempt some products defined in specific trade laws and IEEPA. Most of CISADA, including sanctions under this section, ceases to be effective when President removes Iran’s designation as a sponsor of acts of international terrorism and that country has ceased its pursuit of WMD (Sec. 401; 22 U.S.C. 8551). Sec. 412, Iran Threat Reduction and Syria Human Rights Act (ITRSHRA), further defines “sensitive technology.” President may waive if he finds it “in the national interest” to do so (Sec. 401(b)). Sec. 108 (22 U.S.C. 8516) International obligations President may issue any regulations to comply with U.N. Security Council resolutions. Discretion of the President Discretion of the President. Sec. 303 (22 U.S.C. 8543) Export controls (nonproliferation; anti-terrorism) President may identify and designate a country as a “Destination of Division Concern” if he finds it diverts export-controlled goods and technology to Iran that would materially contribute to that state’s development of WMD, delivery systems, and international terrorism. Discretion of the President President terminates designation—and ensuing trade restrictions—on determining that country “has adequately strengthened the export control system.” Most of CISADA, including sanctions under this section, ceases to be effective when President removes Iran’s designation as a sponsor of acts of international terrorism and that country has ceased its pursuit of WMD (Sec. 401; 22 U.S.C. 8551). Most of CISADA, including sanctions under this section, ceases to be effective when President removes Iran’s designation as a sponsor of acts of international terrorism and that country has ceased its pursuit of WMD (Sec. 401; 22 U.S.C. 8551). President may delay or deny export licenses. NATIONAL DEFENSE AUTHORIZATION

    Statutory requirement

    Sec. 104(c)(2)(E)(ii)(I) no longer applicable to transactions or services for specifically identified Iranian financial institutions. "Statutory sanctions authorities will no longer apply ... " to the extent an SDN has been delisted. See Table 3.

    Secretary of the Treasury may waive if he finds it "necessary to the national interest" to do so (subsec. (f)).

    Most of CISADA, including sanctions under this section, ceases to be effective when President removes Iran's designation as a sponsor of acts of international terrorism and that country has ceased its pursuit of WMD (Sec. 401; 22 U.S.C. 8551).

    Sec. 104(c)(4) (22 U.S.C. 8513(c)(4))

    Anti-money laundering

    Anti-terrorism (financing)

    Nonproliferation

    Subjects National Iranian Oil Company (NIOC) and National Iranian Tanker Company (NITC) to IEEPA-authorized economic restrictions, promulgated by the Secretary of the Treasury under Sec. 104(c) (above) if found to be affiliated with the Iranian Revolutionary Guard Corps (IRGC).

    Requires Secretary of the Treasury determination

    Secretary of the Treasury may waive if he finds it "necessary to the national interest" to do so (subsec. (f)).

    If the country of primary jurisdiction is exempted under Sec. 1245, National Defense Authorization Act, 2012 (NDAA'12), that exemption extends to financial entities engaged in transactions with NIOC and NITC (Sec. 104(c)(4)(C)).

    Most of CISADA, including sanctions under this section, ceases to be effective when President removes Iran's designation as a sponsor of acts of international terrorism and that country has ceased its pursuit of WMD (Sec. 401; 22 U.S.C. 8551).

    Sec. 104A (22 U.S.C. 8513A)

    Anti-money laundering

    Anti-terrorism (financing)

    Nonproliferation

    Expands restriction established in Sec. 104 (above) to also apply to any foreign financial institution that facilitates, participates, or assists in activities identified in Sec. 104(c).

    Requires Secretary of the Treasury to issue new regulations

    Secretary of the Treasury may waive if he finds it "necessary to the national interest" to do so (sec. 104(f)).

    Most of CISADA, including sanctions under this section, ceases to be effective when President removes Iran's designation as a sponsor of acts of international terrorism and that country has ceased its pursuit of WMD (Sec. 401; 22 U.S.C. 8551).

    Sec. 105 (22 U.S.C. 8514)

    Human rights

    Imposes sanctions on individuals the President identifies as responsible for or complicit in the human rights crackdown around the 2009 national election.

    Sanctions include visa ineligibility and IEEPA-related economic restrictions.

    Statutory requirement of the President

    President may terminate sanctions when he determines and certifies that the government of Iran has released political prisoners detained around the June 2009 election; ceased related objectionable activities; investigated related killings, arrests, and abuses; and made public commitment to establishing an independent judiciary and upholding international human rights standards.

    Most of CISADA, including sanctions under this section, ceases to be effective when President removes Iran's designation as a sponsor of acts of international terrorism and that country has ceased its pursuit of WMD (Sec. 401; 22 U.S.C. 8551).

    President may waive if he finds it "in the national interest" to do so (Sec. 401(b)).

    Sec. 105A (22 U.S.C. 8514A)

    Human rights

    Imposes sanctions on any individual the President identifies as providing goods or technology to the government of Iran to facilitate human rights abuses, including "sensitive technology." Includes making such materials available to the IRGC.

    Sanctions include visa ineligibility and IEEPA-related economic restrictions.

    Statutory requirement of the President

    President may terminate sanctions when he determines an individual has taken steps toward stopping objectionable activity, and will not reengage.

    Most of CISADA, including sanctions under this section, ceases to be effective when President removes Iran's designation as a sponsor of acts of international terrorism and that country has ceased its pursuit of WMD (Sec. 401; 22 U.S.C. 8551).

    President may waive if he finds it "in the national interest" to do so (Sec. 401(b)).

    Sec. 105B (22 U.S.C. 8514B)

    Human rights (freedom of expression and assembly)

    Imposes sanctions on any individual the President identifies as engaging in censorship or limiting the freedom of assembly.

    Sanctions include visa ineligibility and IEEPA-related economic restrictions.

    Statutory requirement of the President

    Most of CISADA, including sanctions under this section, ceases to be effective when President removes Iran's designation as a sponsor of acts of international terrorism and that country has ceased its pursuit of WMD (Sec. 401; 22 U.S.C. 8551).

    President may waive if he finds it "in the national interest" to do so (Sec. 401(b)).

    Sec. 105C (22 U.S.C. 8514C)

    Human rights (diversion of food and medicine)

    Imposes sanctions on any individual the President identifies as diverting food and medicine from reaching the Iranian people.

    Sanctions include visa ineligibility and IEEPA-related economic restrictions.

    Statutory requirement of the President

    Most of CISADA, including sanctions under this section, ceases to be effective when President removes Iran's designation as a sponsor of acts of international terrorism and that country has ceased its pursuit of WMD (Sec. 401; 22 U.S.C. 8551).

    President may waive if he finds it "in the national interest" to do so (Sec. 401(b)).

    Sec. 106 (22 U.S.C. 8515)

    Human rights (freedom of expression and assembly)

    Prohibits entering into procurement contracts with any individual the President identifies as exporting sensitive technology to Iran.

    Sec. 412, Iran Threat Reduction and Syria Human Rights Act (ITRSHRA), further defines "sensitive technology."

    Statutory requirement of the President

    President may exempt some products defined in specific trade laws and IEEPA.

    Most of CISADA, including sanctions under this section, ceases to be effective when President removes Iran's designation as a sponsor of acts of international terrorism and that country has ceased its pursuit of WMD (Sec. 401; 22 U.S.C. 8551).

    President may waive if he finds it "in the national interest" to do so (Sec. 401(b)).

    Sec. 108 (22 U.S.C. 8516)

    International obligations

    President may issue any regulations to comply with U.N. Security Council resolutions.

    Discretion of the President

    Discretion of the President.

    Most of CISADA, including sanctions under this section, ceases to be effective when President removes Iran's designation as a sponsor of acts of international terrorism and that country has ceased its pursuit of WMD (Sec. 401; 22 U.S.C. 8551).

    Sec. 303 (22 U.S.C. 8543)

    Export controls (nonproliferation; anti-terrorism)

    President may identify and designate a country as a "Destination of Division Concern" if he finds it diverts export-controlled goods and technology to Iran that would materially contribute to that state's development of WMD, delivery systems, and international terrorism.

    President may delay or deny export licenses.

    Discretion of the President

    President terminates designation—and ensuing trade restrictions—on determining that country "has adequately strengthened the export control system."

    Most of CISADA, including sanctions under this section, ceases to be effective when President removes Iran's designation as a sponsor of acts of international terrorism and that country has ceased its pursuit of WMD (Sec. 401; 22 U.S.C. 8551).

    NATIONAL DEFENSE AUTHORIZATION
    ACT FOR FISCAL YEAR 2012 (NDAA 2012)  2012) (Sec. 1245 of P.L. 112-81; 22 U.S.C. 8513a; as amended) Sec. 1245 CRS-20 Anti-money laundering Designates Iran’s financial sector, including its Central Bank, as a “primary money laundering concern.” Statutory requirement President may delay imposition of sanctions if government of primary jurisdiction reduces its crude oil purchases from Iran. Renewable Statutory Basis Rationale Restriction

    Sec. 1245

    Anti-money laundering

    Designates Iran's financial sector, including its Central Bank, as a "primary money laundering concern."

    —Requires the President to block and prohibit all transactions of any Iranian financial institution under U.S. jurisdiction. —Requires the President to prohibit opening of correspondent and payable-through accounts for any institution that conducts transactions for the Central Bank of Iran. —Authorizes the President to impose IEEPAbased sanctions. Authority To Impose Authority To Lift or Waive every 180 days. President may waive imposition if he finds it “in the national security interest of the United States” to do so. Sanctions under this section cease to be effective 30 days after President certifies and removes Iran’s designation as a sponsor of acts of international terrorism and that country has ceased its pursuit of WMD (Sec. 401, CISADA; 22 U.S.C. 8551) (Sec. 605; 22 U.S.C. 8785) (Sec. 1245(i)). State Department Public Notice 8610 of January 22, 2014 (79 F.R. 4522) (Guidance of January 20, 2014) waives Sec. 1245 for foreign financial institutions under the primary jurisdiction of China, India, Japan, South Korea, the authorities on Taiwan, and Turkey, subject to conditions. Also waived for “foreign financial institutions under the primary jurisdiction of Switzerland that are notified directly in writing by the U.S. Government, to the extent necessary for such foreign financial institutions to engage in financial transactions with the Central Bank of Iran in connection with the repatriation of revenues and the establishment of a financial channel as specifically provided for in the Joint Plan of Action of November 24, 2013.” Extended in Guidance of July 21, 2014 (79 F.R. 45233). Further extended in Guidance of November 25, 2014 (79 F.R. 73141). See also State Department Public Notice 8985 of December 10, 2014 (79 F.R. 78551). See also Department of the Treasury statement of July 14, 2015 (p. 2, this report). State Department Public Notice 8594 of January 15, 2014 (79 F.R. 2746), the CRS-21 Statutory Basis Rationale Restriction Authority To Impose Authority To Lift or Waive Secretary of State determined, that as of November 29, 2013, India, Malaysia, China, South Korea, Singapore, South Africa, Sri Lanka, Taiwan, and Turkey are exempted from restriction for Iran oil trade. Supersedes a similar determination of June 5, 2013. State Department Public Notice 9168 of June 3, 2015 (80 F.R. 33006) extended exemption for Malaysia and Singapore, stating that they “have maintained their crude oil purchases from Iran at zero over the preceding 180-day period.” Previously, State Department Public Notice 8963 of November 28, 2014 (79 F.R. 72054) extended exemption for Malaysia, Singapore, and South Africa. Supersedes a similar determination in Public Notice 8753 of May 27, 2014 (79 F.R. 32011). State Department Public Notice 8678 of March 25, 2014 (79 F.R. 18382), the Secretary of State determined, that as of March 4, 2014, Belgium, the Czech Republic, France, Germany, Greece, Italy, Netherlands, Poland, Spain, and the United Kingdom are exempted from restriction for Iran oil trade. Extended for these “EU10” by Public Notice 8865 of August 29, 2014 (79 F.R. 54342). Extended exemption for “EU10” and for Sri Lanka (see Public Notice 8753, above), by Public Notice 9046 of February 19, 2015 (80 F.R. 10563). IEEPA-based sanctions.

    Statutory requirement

    Waived, including refraining from imposing sanctions under 31 CFR 561.203(a) as it may have applied to the Central Bank of Iran, 31 CFR Part 561 as it applies to foreign financial institutions engaged in transactions with the Central Bank.

    "Statutory sanctions authorities will no longer apply.... " to the extent an SDN has been delisted.

    Correspondent or payable-through account sanctions waived as applied to sec. 1245(d)(1). See Table 3.

    President may delay imposition of sanctions if government of primary jurisdiction reduces its crude oil purchases from Iran. Renewable every 180 days.

    President may waive imposition if he finds it "in the national security interest of the United States" to do so.

    Sanctions under this section cease to be effective 30 days after President certifies and removes Iran's designation as a sponsor of acts of international terrorism and that country has ceased its pursuit of WMD (Sec. 401, CISADA; 22 U.S.C. 8551) (Sec. 605; 22 U.S.C. 8785) (Sec. 1245(i)).

    See also:

    State Department Public Notice 8594 of January 15, 2014 (79 F.R. 2746)

    State Department Public Notice 8610 of January 22, 2014 (79 F.R. 4522) (Guidance of January 20, 2014)

    State Department Public Notice 8678 of March 25, 2014 (79 F.R. 18382)

    Public Notice 8753 of May 27, 2014 (79 F.R. 32011)

    Guidance of July 21, 2014 (79 F.R. 45233)

    Public Notice 8865 of August 29, 2014 (79 F.R. 54342)

    Guidance of November 25, 2014 (79 F.R. 73141)

    State Department Public Notice 8963 of November 28, 2014 (79 F.R. 72054)

    State Department Public Notice 8985 of December 10, 2014 (79 F.R. 78551)

    Public Notice 9046 of February 19, 2015 (80 F.R. 10563)

    State Department Public Notice 9168 of June 3, 2015 (80 F.R. 33006)

    Department of the Treasury statement of July 14, 2015 (p. 2, this report).

    IRAN THREAT REDUCTION AND SYRIA HUMAN RIGHTS ACT OF 2012 (ITRSHRA) ( (P.L. 112-158; 22 U.S.C. 8701 et seq.) Sec. 211 (22 U.S.C. 8721) CRS-22 Nonproliferation 8721)

    Nonproliferation

    Anti-terrorism

    President imposes IEEPA-based sanctions on any person he determines has engaged in Statutory requirement President may waive imposition if he finds it “vital to the national security interests of the Statutory Basis Rationale Anti-terrorism Sec. 212 (22 U.S.C. 8722) Nonproliferation Anti-terrorism Sec. 213 (22 U.S.C. 8723) Nonproliferation Sec. 217 (22 U.S.C. 8724) Nonproliferation Anti-terrorism Anti-terrorism Restriction Authority To Impose person he determines has engaged in transactions relating to providing a vessel or insuring a shipping service that materially contributes to the government of Iran’s 's proliferation activities. Authority To Lift or Waive United States” to do so.

    Statutory requirement

    President may waive imposition if he finds it "vital to the national security interests of the United States" to do so.

    Most of ITR, including sanctions under this section, ceases to be effective when President removes Iran's designation as a sponsor of acts of international terrorism and that country has ceased its pursuit of WMD (Sec. 401, CISADA; 22 U.S.C. 8551) (Sec. 605; 22 U.S.C. 8785).

    Sec. 212 (22 U.S.C. 8722)

    Nonproliferation

    Anti-terrorism

    President imposes IEEPA- and Iran Sanctions Act- (ISA) based sanctions (see above) on any person he determines has provided underwriting services or insurance for NIOC or NITC. Statutory requirement President may terminate if objectionable activity has ceased. President imposes IEEPA- and ISA-based sanctions (see above) on any person he determines has engaged in transactions relating to Iran’s sovereign debt. Statutory requirement Most of ITR, including sanctions under this section, ceases to be effective when President removes Iran’s designation as a sponsor of acts of international terrorism and that country has ceased its pursuit of WMD (Sec. 401, CISADA; 22 U.S.C. 8551) (Sec. 605; 22 U.S.C. 8785). Requires President to certify that the Central Bank of Iran is not engaging in activities related to WMD or terrorism before he lifts IEEPAbased sanctions imposed pursuant to E.O. 13599 (see Table 2). Statutory requirement President may still lift sanctions, but is slowed in doing so and must certify on new conditions relating to terrorism and proliferation. Statutory requirement Most of ITR, including sanctions under this Most of ITR, including sanctions under this section, ceases to be effective when President removes Iran’s designation as a sponsor of acts of international terrorism and that country has ceased its pursuit of WMD (Sec. 401, CISADA; 22 U.S.C. 8551) (Sec. 605; 22 U.S.C. 8785). Requires President to certify that sanctions evaders are engaged in activities related to WMD or terrorism before he lifts IEEPA-based sanctions imposed pursuant to E.O. 13608 (see Table 2). Sec. 218 (22 U.S.C. CRS-23 Nonproliferation Extends IEEPA-based sanctions imposed on Statutory Basis Rationale Restriction Authority To Impose Authority To Lift or Waive 8725) Anti-terrorism parent companies to their foreign subsidiaries, to prohibit transactions with the government of Iran. Sec. 220(c) (22 U.S.C. 8726(c)) Nonproliferation President may impose IEEPA-based sanctions on financial messaging services that facilitate transactions for the Central Bank of Iran or other restricted financial institutions. At the President’s discretion President’s discretion. Sec. 221 (22 U.S.C. 8727) Nonproliferation Requires the President to identify senior Iranian government officials involved in proliferation, support of terrorism, or human rights violations. Requires the Secretaries of State and Homeland Security to, respectively, deny identified persons and their family members visas and entry into the United States. Statutory requirement President may waive if he finds it “essential to the national interests of the United States” and notifies Congress in advance. Requires the President to identify members, agents, and affiliates of the IRGC and impose IEEPA-based sanctions. Requires the Secretaries of State and Homeland Security to, respectively, deny identified persons and their family members visas and entry into the United States. Statutory requirement Requires the President to identify those who Statutory requirement Anti-terrorism Anti-terrorism Human rights Sec. 301 (22 U.S.C. 8741) Sec. 302 (22 U.S.C. CRS-24 National security Nonproliferation National security section, ceases to be effective when President removes Iran’s designation as a sponsor of acts of international terrorism and that country has ceased its pursuit of WMD (Sec. 401, CISADA; 22 U.S.C. 8551) (Sec. 605; 22 U.S.C. 8785). Most of ITR, including sanctions under this section, ceases to be effective when President removes Iran’s designation as a sponsor of acts of international terrorism and that country has ceased its pursuit of WMD (Sec. 401, CISADA; 22 U.S.C. 8551) (Sec. 605; 22 U.S.C. 8785). Most of ITR, including sanctions under this section, ceases to be effective when President removes Iran’s designation as a sponsor of acts of international terrorism and that country has ceased its pursuit of WMD (Sec. 401, CISADA; 22 U.S.C. 8551) (Sec. 605; 22 U.S.C. 8785). President may waive if he finds it “vital to the national security interests of the United States to do so.” Most of ITR, including sanctions under this section, ceases to be effective when President removes Iran’s designation as a sponsor of acts of international terrorism and that country has ceased its pursuit of WMD (Sec. 401, CISADA; 22 U.S.C. 8551) (Sec. 605; 22 U.S.C. 8785). President may terminate when he determines Statutory Basis 8742) Rationale Nonproliferation Restriction Authority To Impose materially engage in support or transactions with the IRGC or related entities subject to IEEPA-based sanctions. Further requires the President to impose ISA-based sanctions on and additional IEEPA-based sanctions on those he identifies. Authority To Lift or Waive objectionable activities have ceased. President may waive if activities have ceased or if “it is essential to the national security interests of the United States to do so.” President may forego imposing sanctions if similar exception has been made under Sec. 104(c) of CISADA (see above). President is not required to publicly identify such individual if “doing so would cause damage to the national security of the United States.” Most of ITR, including sanctions under this section, ceases to be effective when President removes Iran’s designation as a sponsor of acts of international terrorism and that country has ceased its pursuit of WMD (Sec. 401, CISADA; 22 U.S.C. 8551) (Sec. 605; 22 U.S.C. 8785). State Department Public Notice 8610 of January 22, 2014 (79 F.R. 4522) (Guidance of January 20, 2014) waives Sec. 302(e) as it would “cause damage to the national security of the United States to identify or designate a foreign person” in connection with transactions by non-U.S. persons engaged in trade in oil to China, India, Japan, South Korea, Taiwan, and Turkey, with conditions. Extended in Guidance of July 21, 2014 (79 F.R. 45233). Further extended in Guidance of November 25, 2014 (79 F.R. 73141). Sec. 303 (22 U.S.C. 8743) Nonproliferation United Nations compliance President is required to identify any agency of a foreign country that materially assists or engages in transactions with IRGC or any entity subject to U.N. Security Council sanctions. President may cut off most foreign aid, deny arms sales and transfers, deny export licenses, require opposition to loans to that foreign country in the international financial institutions, CRS-25 Statutory requirement; however, President selects specific actions President may terminate if objectionable activities have ceased, or if “it is essential to the national security interests of the United States to terminate such measures.” President may waive imposition of any measure if he explains his decision to Congress (and justification may be subsequent to action taken). Statutory Basis Rationale Restriction Authority To Impose deny USG financial assistance, or impose other IEEPA-based sanctions. Sec. 411 (22 U.S.C. 8751) Human rights Nonproliferation Anti-terrorism Sec. 501 (22 U.S.C. 8771) Nonproliferation Authority To Lift or Waive Most of ITR, including sanctions under this section, ceases to be effective when President removes Iran’s designation as a sponsor of acts of international terrorism and that country has ceased its pursuit of WMD (Sec. 401, CISADA; 22 U.S.C. 8551) (Sec. 605; 22 U.S.C. 8785). Requires the President to maintain IEEPA-based NITC.

    Statutory requirement

    Sec. 212(a) waived; made inapplicable "to the extent necessary to implement the JCPOA and excluding any transactions involving persons on OFAC's SDN list.... " See Table 3.

    President may terminate if objectionable activity has ceased.

    Most of ITR, including sanctions under this section, ceases to be effective when President removes Iran's designation as a sponsor of acts of international terrorism and that country has ceased its pursuit of WMD (Sec. 401, CISADA; 22 U.S.C. 8551) (Sec. 605; 22 U.S.C. 8785).

    Sec. 213 (22 U.S.C. 8723)

    Nonproliferation

    Anti-terrorism

    President imposes IEEPA- and ISA-based sanctions (see above) on any person he determines has engaged in transactions relating to Iran's sovereign debt.

    Statutory requirement

    Sec. 213(a) waived; made inapplicable "to the extent necessary to implement the JCPOA and excluding any transactions involving persons on OFAC's SDN list.... " See Table 3.

    Most of ITR, including sanctions under this section, ceases to be effective when President removes Iran's designation as a sponsor of acts of international terrorism and that country has ceased its pursuit of WMD (Sec. 401, CISADA; 22 U.S.C. 8551) (Sec. 605; 22 U.S.C. 8785).

    Sec. 217 (22 U.S.C. 8724)

    Nonproliferation

    Anti-terrorism

    Requires President to certify that the Central Bank of Iran is not engaging in activities related to WMD or terrorism before he lifts IEEPA-based sanctions imposed pursuant to E.O. 13599 (see Table 2). Requires President to certify that sanctions evaders are engaged in activities related to WMD or terrorism before he lifts IEEPA-based sanctions imposed pursuant to E.O. 13608 (see Table 2).

    Statutory requirement

    President may still lift sanctions, but is slowed in doing so and must certify on new conditions relating to terrorism and proliferation.

    Sec. 218 (22 U.S.C. 8725)

    Nonproliferation

    Anti-terrorism

    Extends IEEPA-based sanctions imposed on parent companies to their foreign subsidiaries, to prohibit transactions with the government of Iran.

    Statutory requirement

    Most of ITR, including sanctions under this section, ceases to be effective when President removes Iran's designation as a sponsor of acts of international terrorism and that country has ceased its pursuit of WMD (Sec. 401, CISADA; 22 U.S.C. 8551) (Sec. 605; 22 U.S.C. 8785).

    Sec. 220(c) (22 U.S.C. 8726(c))

    Nonproliferation

    Anti-terrorism

    President may impose IEEPA-based sanctions on financial messaging services that facilitate transactions for the Central Bank of Iran or other restricted financial institutions.

    At the President's discretion

    Committed to refrain from imposing discretionary sanctions blocking access to property or assets. See Table 3.

    President's discretion.

    Most of ITR, including sanctions under this section, ceases to be effective when President removes Iran's designation as a sponsor of acts of international terrorism and that country has ceased its pursuit of WMD (Sec. 401, CISADA; 22 U.S.C. 8551) (Sec. 605; 22 U.S.C. 8785).

    Sec. 221 (22 U.S.C. 8727)

    Nonproliferation

    Anti-terrorism

    Human rights

    Requires the President to identify senior Iranian government officials involved in proliferation, support of terrorism, or human rights violations. Requires the Secretaries of State and Homeland Security to, respectively, deny identified persons and their family members visas and entry into the United States.

    Statutory requirement

    President may waive if he finds it "essential to the national interests of the United States" and notifies Congress in advance.

    Most of ITR, including sanctions under this section, ceases to be effective when President removes Iran's designation as a sponsor of acts of international terrorism and that country has ceased its pursuit of WMD (Sec. 401, CISADA; 22 U.S.C. 8551) (Sec. 605; 22 U.S.C. 8785).

    Sec. 301 (22 U.S.C. 8741)

    National security

    Nonproliferation

    Requires the President to identify members, agents, and affiliates of the IRGC and impose IEEPA-based sanctions. Requires the Secretaries of State and Homeland Security to, respectively, deny identified persons and their family members visas and entry into the United States.

    Statutory requirement

    President may waive if he finds it "vital to the national security interests of the United States to do so."

    Most of ITR, including sanctions under this section, ceases to be effective when President removes Iran's designation as a sponsor of acts of international terrorism and that country has ceased its pursuit of WMD (Sec. 401, CISADA; 22 U.S.C. 8551) (Sec. 605; 22 U.S.C. 8785).

    Sec. 302 (22 U.S.C. 8742)

    National security

    Nonproliferation

    Requires the President to identify those who materially engage in support or transactions with the IRGC or related entities subject to IEEPA-based sanctions. Further requires the President to impose ISA-based sanctions on and additional IEEPA-based sanctions on those he identifies.

    President is not required to publicly identify such individual if "doing so would cause damage to the national security of the United States."

    Statutory requirement

    President may terminate when he determines objectionable activities have ceased.

    President may waive if activities have ceased or if "it is essential to the national security interests of the United States to do so."

    President may forego imposing sanctions if similar exception has been made under Sec. 104(c) of CISADA (see above).

    Most of ITR, including sanctions under this section, ceases to be effective when President removes Iran's designation as a sponsor of acts of international terrorism and that country has ceased its pursuit of WMD (Sec. 401, CISADA; 22 U.S.C. 8551) (Sec. 605; 22 U.S.C. 8785).

    See also:

    State Department Public Notice 8610 of January 22, 2014 (79 F.R. 4522) (Guidance of January 20, 2014)

    Guidance of July 21, 2014 (79 F.R. 45233)

    Guidance of November 25, 2014 (79 F.R. 73141)

    Sec. 303 (22 U.S.C. 8743)

    Nonproliferation

    United Nations compliance

    President is required to identify any agency of a foreign country that materially assists or engages in transactions with IRGC or any entity subject to U.N. Security Council sanctions.

    President may cut off most foreign aid, deny arms sales and transfers, deny export licenses, require opposition to loans to that foreign country in the international financial institutions, deny USG financial assistance, or impose other IEEPA-based sanctions.

    Statutory requirement; however, President selects specific actions

    President may terminate if objectionable activities have ceased, or if "it is essential to the national security interests of the United States to terminate such measures."

    President may waive imposition of any measure if he explains his decision to Congress (and justification may be subsequent to action taken).

    Most of ITR, including sanctions under this section, ceases to be effective when President removes Iran's designation as a sponsor of acts of international terrorism and that country has ceased its pursuit of WMD (Sec. 401, CISADA; 22 U.S.C. 8551) (Sec. 605; 22 U.S.C. 8785).

    Sec. 411 (22 U.S.C. 8751)

    Human rights

    Nonproliferation

    Anti-terrorism

    Requires the President to maintain IEEPA-based
    sanctions pursuant to E.O. 13606 (see Table 2) ) until he certifies Iran has ceased its support of international terrorism and pursuit of weapons proliferation, under Sec. 401, CISADA (see above). Statutory requirement President’s determination. Requires the Secretaries of State and Homeland Security to, respectively, deny visas and entry into the United States to Iranian citizens who seek education in the United States related to energy, nuclear science, or nuclear engineering. Statutory requirement Most of ITR, including sanctions under this section, ceases to be effective when President removes Iran’s designation as a sponsor of acts of international terrorism and that country has ceased its pursuit of WMD (Sec. 401, CISADA; 22 U.S.C. 8551) (Sec. 605; 22 U.S.C. 8785). IRAN FREEDOM AND COUNTER-PROLIFERATION ACT OF 2012 (IFCA) above).

    Statutory requirement

    President's determination.

    Sec. 501 (22 U.S.C. 8771)

    Nonproliferation

    Requires the Secretaries of State and Homeland Security to, respectively, deny visas and entry into the United States to Iranian citizens who seek education in the United States related to energy, nuclear science, or nuclear engineering.

    Statutory requirement

    Most of ITR, including sanctions under this section, ceases to be effective when President removes Iran's designation as a sponsor of acts of international terrorism and that country has ceased its pursuit of WMD (Sec. 401, CISADA; 22 U.S.C. 8551) (Sec. 605; 22 U.S.C. 8785).

    IRAN FREEDOM AND COUNTER-PROLIFERATION ACT OF 2012 (IFCA)

    (Title XII, subtitle D, of National Defense Authorization Act for Fiscal Year 2013; NDAA 2013; ; P.L. 112-239; 22 U.S.C. 8801 et seq.) .) Sec. 1244 (22 U.S.C. 8803) Nonproliferation Designates entities that operate Iran’s ports, and entities in energy, shipping, and shipbuilding, including NITC, IRISL, and NIOC, and their affiliates, as “entities of proliferation concern.” Requires the President to block transactions and interests in property under U.S. jurisdiction of such entities. Requires the President to impose ISA-based sanctions on any person who knowingly engages in trade related to energy, shipping, or shipbuilding sectors of Iran. CRS-26 Statutory requirement Humanitarian-related transactions are exempted. President may exempt transactions related to Afghanistan reconstruction and development, if he determines it in the national interest to do so. President may exempt application to those countries exempted from NDAA’12 requirements (see above). Some aspects of trade in natural gas are exempted. Statutory Basis Rationale Restriction Authority To Impose Authority To Lift or Waive President may waive for 180 days if he finds it “vital to the national security of the United States” to do so. State Department Public Notice 8610 of January 22, 2014 (79 F.R. 4522) (Guidance of January 20, 2014) waives Sec. 1244(c)(1) for —Transactions by non-U.S. persons for the export from Iran of petrochemical products and associated services, with exceptions; —Transactions by U.S. or non-U.S. persons for the supply and installation of spare parts necessary for the safety of flight for Iranian civil aviation, with exceptions; —Transactions by non-U.S. persons for Iran oil exports to China, India, Japan, South Korea, Taiwan, and Turkey, with exceptions; and —Transactions by non-U.S. persons for the sale, supply or transfer to or from Iran of precious metals, with exceptions. The above is extended in Guidance of July 21, 2014 (79 F.R. 45233). Further extended in Guidance of November 25, 2014 (79 F.R. 73141). See also State Department Public Notice 8985 of December 10, 2014 (79 F.R. 78551). State Department Public Notice 8610 of January 22, 2014 (79 F.R. 4522) (Guidance of January 20, 2014) waives Sec. 1244(d) for —Transactions by non-U.S. persons in connection with Iran oil exports to China, India, Japan, South Korea, Taiwan, and CRS-27 Statutory Basis Rationale Restriction Authority To Impose Authority To Lift or Waive Turkey, and for insurance and transportation services, with exceptions. The above is extended in Guidance of July 21, 2014 (79 F.R. 45233). Further extended in Guidance of November 25, 2014 (79 F.R. 73141), and State Department Public Notice 9163 (May 15, 2015) (80 F.R. 32193), which also waived sec. 1244(g)(2) for these countries relating to insurance and transportation services. State Department Public Notice 8632 of February 10, 2014 (79 F.R. 9030) waives Secs. 1244(i), 1245(g), 1246(e), and 1247(f) for certain transactions related to Islamic Republic of Iran Broadcasting (IRIB). See also State Department Public Notice 8855 of August 22, 2014 (79 F.R. 51390). State Department Public Notice 8809 of July 28, 2014 (79 F.R. 45228) waives Sec. 1244(c), (d), Sec. 1245(a), (c), Sec. 1246, and Sec. 1247(a) for certain transactions. State Department Public Notice 9095 of April 16, 2015 (80 F.R. 20552) waives Sec. 1244(d)(1) for certain transactions for four groups of foreign countries, each with a different set of conditions: (1) China, India, Japan, South Korea, Taiwan, and Turkey; (2) Switzerland; (3) Oman; and (4) South Africa. State Department Public Notice 9163 (May 15, 2015) (80 F.R. 32193) extended these. State Department Public Notice 9100 (undated) (80 F.R. 22762; April 23, 2015) waives Sec. 1244(c)(1), Sec. 1246(a), and Sec. 1247(a) for certain transactions relating to ground connectivity and broadcasting. CRS-28 Statutory Basis Rationale Restriction Authority To Impose Authority To Lift or Waive State Department Public Notice 9163 (May 15, 2015) (80 F.R. 32193) waives Sec. 1244(c)(1), Sec. 1246(a), and Sec. 1247(a) for certain transactions relating to petrochemical products. Sec. 1245 (22 U.S.C. 8804) Nonproliferation Requires the President to impose ISA-based sanctions on any person who knowingly engages in trade related to precious metal, or material used in energy, shipping, or shipbuilding, if controlled by IRGC or other sanctioned entity. Statutory requirement President may exempt those he determines are exercising “due diligence” to comply with restrictions. President may waive for 180 days, and may renew that waiver in 6-month increments, if he finds it “vital to the national security of the United States” to do so. State Department Public Notice 8610 of January 22, 2014 (79 F.R. 4522) (Guidance of January 20, 2014) waives Sec. 1245(a)(1)(A), 1245(c), for —Transactions by non-U.S. persons related to precious metals, with exceptions. The above is extended in Guidance of July 21, 2014 (79 F.R. 45233). Further extended in Guidance of November 25, 2014 (79 F.R. 73141). See also State Department Public Notice 8985 of December 10, 2014 (79 F.R. 78551). State Department Public Notice 8632 of February 10, 2014 (79 F.R. 9030) waives Secs. 1244(i), 1245(g), 1246(e), and 1247(f) for certain transactions related to Islamic Republic of Iran Broadcasting (IRIB). See also State Department Public Notice 8855 of August 22, 2014 (79 F.R. 51390). State Department Public Notice 8809 of July 28, 2014 (79 F.R. 45228) waives Sec. 1244(c), (d), Sec. 1245(a), (c), Sec. 1246, and CRS-29 Statutory Basis Rationale Restriction Authority To Impose Authority To Lift or Waive Sec. 1247(a) for certain transactions. State Department Public Notice 9163 (May 15, 2015) (80 F.R. 32193) waives Sec. 1245(a)(1)(A) and Sec. 1245(c) for certain transactions relating to precious metals. Sec. 1246 (22 U.S.C. 8805) Nonproliferation Requires the President to impose ISA-based sanctions on any person who knowingly provides underwriting or insurance services to any sanctioned entity with respect to Iran. Statutory requirement Humanitarian-related transactions are exempted. President may exempt those he determines are exercising “due diligence” to comply with restrictions. President may waive for 180 days, and may renew that waiver in 6-month increments, if he finds it “vital to the national security of the United States” to do so. State Department Public Notice 8610 of January 22, 2014 (79 F.R. 4522) (Guidance of January 20, 2014) waives Sec. 1246(a) for —Transactions by non-U.S. persons related to oil exports to China, India, Japan, South Korea, Taiwan, and Turkey, with exceptions; —Transactions by non-U.S. persons in connection with export of Iran petrochemical products, with exceptions; —Transactions by non-U.S. persons in connection with trade in precious metals, with exceptions; —Transactions by non-U.S. persons in connection with Iran’s automotive sector, with exceptions; and —Transactions by U.S. and non-U.S. persons related to civil aviation, with exceptions. The above is extended in Guidance of July CRS-30 Statutory Basis Rationale Restriction Authority To Impose Authority To Lift or Waive 21, 2014 (79 F.R. 45233). Further extended in Guidance of November 25, 2014 (79 F.R. 73141). See also State Department Public Notice 8985 of December 10, 2014 (79 F.R. 78551). State Department Public Notice 8632 of February 10, 2014 (79 F.R. 9030) waives Secs. 1244(i), 1245(g), 1246(e), and 1247(f) for certain transactions related to Islamic Republic of Iran Broadcasting (IRIB). See also State Department Public Notice 8855 of August 22, 2014 (79 F.R. 51390). State Department Public Notice 8809 of July 28, 2014 (79 F.R. 45228) waives Sec. 1244(c), (d), Sec. 1245(a), (c), Sec. 1246, and Sec. 1247(a) for certain transactions. State Department Public Notice 9100 (undated) (80 F.R. 22762; April 23, 2015) waives Sec. 1244(c)(1), Sec. 1246(a), and Sec. 1247(a) for certain transactions relating to ground connectivity and broadcasting. State Department Public Notice 9163 (May 15, 2015) (80 F.R. 32193) waives Sec. 1244(c)(1), Sec. 1246(a), and Sec. 1247(a) for certain transactions relating to petrochemical products. Sec. 1247 (22 U.S.C. 8806) Nonproliferation Requires the President to prohibit any correspondent or payable-through account by a foreign financial institution that is found to facilitate a “significant financial transaction” on behalf of any Iranian Specially Designated National (SDN). Statutory requirement Humanitarian-related transactions are exempted. President may exempt application to those countries exempted from NDAA’12 requirements (see above). President may waive for 180 days, and may renew that waiver in 6-month increments, if he finds it “vital to the national security of the United States” to do so. CRS-31 Statutory Basis Rationale Restriction Authority To Impose Authority To Lift or Waive State Department Public Notice 8610 of January 22, 2014 (79 F.R. 4522) (Guidance of January 20, 2014) waives Sec. 1247(a) for —Transactions by foreign financial institutions related to oil exports to China, India, Japan, South Korea, Taiwan, and Turkey; —Transactions by foreign financial institutions related to export of petrochemical products, with exceptions; —Transactions of foreign financial institutions related to trade in precious metals, with exceptions; and —Transactions of foreign financial institutions related to civil aviation, with exceptions. The above is extended in Guidance of July 21, 2014 (79 F.R. 45233). Further extended in Guidance of November 25, 2014 (79 F.R. 73141). See also State Department Public Notice 8985 of December 10, 2014 (79 F.R. 78551). State Department Public Notice 8632 of February 10, 2014 (79 F.R. 9030) waives Secs. 1244(i), 1245(g), 1246(e), and 1247(f) for certain transactions related to Islamic Republic of Iran Broadcasting (IRIB). See also State Department Public Notice 8855 of August 22, 2014 (79 F.R. 51390). State Department Public Notice 8809 of July 28, 2014 (79 F.R. 45228) waives Sec. 1244(c), (d), Sec. 1245(a), (c), Sec. 1246, and Sec. 1247(a) for certain transactions. State Department Public Notice 9100 (undated) (80 F.R. 22762; April 23, 2015) CRS-32 Statutory Basis Rationale Restriction Authority To Impose Authority To Lift or Waive waives Sec. 1244(c)(1), Sec. 1246(a), and Sec. 1247(a) for certain transactions relating to ground connectivity and broadcasting. State Department Public Notice 9163 (May 15, 2015) (80 F.R. 32193) waives Sec. 1244(c)(1), Sec. 1246(a), and Sec. 1247(a) for certain transactions relating to petrochemical products. Sec. 1248 (22 U.S.C. 8807) Human rights Requires the President to apply Sec. 105(c), CISADA-based sanctions (see above) to the Islamic Republic of Iran Broadcasting and the President of that entity, and to add this entity and individual to the SDN list. Statutory requirement President may waive if he finds it “in the national interest” to do so (Sec. 401(b), CISADA). President may terminate sanctions when he determines and certifies that the government of Iran has released political prisoners detained around the June 2009 election; ceased related objectionable activities; investigated related killings, arrests, and abuses; and made public commitment to establishing an independent judiciary and upholding international human rights standards (Sec. 105(d), CISADA). Notes: AECA = Arms Export Control Act; CISADA = Comprehensive Iran Sanctions, Accountability, and Divestment Act of 2010; DNI = Director of National Intelligence; E.O. = Executive Order; FTO = Foreign Terrorist Organization; IAEA = International Atomic Energy Agency; IEEPA = International Emergency Economic Powers Act; IFI = International Financial Institution; IFSA = Iran Freedom Support Act; IIANA = Iran-Iraq Arms Non-Proliferation Act of 1992; INA = Immigration and Nationality Act of 1952; INKSA = Iran, North Korea, Syria Nonproliferation Act; IRGC = Iranian Revolutionary Guard Corps; ISA = Iran Sanctions Act of 1996; ITRSHRA = Iran Threat Reduction and Syria Human Rights Act of 2012; NDAA = National Defense Authorization Act; NEA = National Emergencies Act; NICO = Naftiran Intertrade Company; NIOC = National Iranian Oil Company; NITC = National Iranian Tanker Company; SDN = Specially Designated National; TSRA = Trade Sanctions Reform Act of 2000; UNICEF = U.N. Children’s Fund; UNPA = United Nations Participation Act of 1945; UNSC = United Nations Security Council; USC = United States Code; USML = United States Munitions List; USTR = U.S. Trade Representative; WMD = Weapons of Mass Destruction. a. CRS-33 The State Department published a current and complete list of 16 entities subject to sanctions under the ISA 1996 as of March 4, 2015. See Department of State 8803)

    Nonproliferation

    The President, in sec. 3 of E.O. 13716 of January 16, 2016, authorizes the Secretary of the Treasury, in consultation with the Secretary of State, to block property and interests in property of those "providing significant financial, material, technological, support, or goods or services to transactions related to the energy, shipping, and shipbuilding sectors of Iran.

    E.O. 13716 of January 16, 2016, at sec. 3(b), further authorizes the Secretaries to block loans above $10 million in any 12-month period; prohibit foreign exchange, transfers or credits through U.S. financial institutions; block property, investments under U.S. jurisdiction; block U.S. persons from investing in debt of a sanctioned person; prohibit imports; and extend restrictions to officers of sanctioned entity.

    E.O. 13716 of January 16, 2016, at sec. 3(c), further authorizes the Secretaries to block property of any individual who is found to engage in diversion of food and medicine intended for the people of Iran; misappropriation of resources; transactions with a sanctioned person; or owned or controlled by a sanctioned person.

    Designates entities that operate Iran's ports, and entities in energy, shipping, and shipbuilding, including NITC, IRISL, and NIOC, and their affiliates, as "entities of proliferation concern."

    Requires the President to block transactions and interests in property under U.S. jurisdiction of such entities.

    Requires the President to impose ISA-based sanctions on any person who knowingly engages in trade related to energy, shipping, or shipbuilding sectors of Iran.

    Statutory requirement

    Sec. 1244(c), and (c)(1) are waived; "Statutory sanctions authorities will no longer apply" to the extent an SDN has been delisted.

    OFAC also issued a Statement of Licensing Policy (SLP) to establish a favorable licensing policy regime through which U.S. persons and, where there is a nexus to U.S. jurisdiction, non-U.S. persons may request specific authorization to engage in transactions related to providing Iran commercial passenger aircraft, and related spare parts and services, for exclusively civil aviation end use. Such transactions must meet the requirements of Department of Commerce export controls, the Export Administration Act, the Federal Food, Drug, and Cosmetic Act, and the Iran-Iraq Arms Non-Proliferation Act, and no SDN may be involved in the transaction.

    Sec. 1244(d)(1), (d)(2), (h)(2), waived as related to sanctions drawn from ISA'96 authorities, and sanctions applied to correspondent or payable-through account sanctions. See Table 3.

    Humanitarian-related transactions are exempted.

    President may exempt transactions related to Afghanistan reconstruction and development, if he determines it in the national interest to do so.

    President may exempt application to those countries exempted from NDAA'12 requirements (see above).

    Some aspects of trade in natural gas are exempted.

    President may waive for 180 days if he finds it "vital to the national security of the United States" to do so.

    See also:

    State Department Public Notice 8610 of January 22, 2014 (79 F.R. 4522) (Guidance of January 20, 2014)

    State Department Public Notice 8632 of February 10, 2014 (79 F.R. 9030)

    Guidance of July 21, 2014 (79 F.R. 45233)

    State Department Public Notice 8809 of July 28, 2014 (79 F.R. 45228)

    State Department Public Notice 8855 of August 22, 2014 (79 F.R. 51390).

    Guidance of November 25, 2014 (79 F.R. 73141)

    State Department Public Notice 8985 of December 10, 2014 (79 F.R. 78551)

    State Department Public Notice 9095 of April 16, 2015 (80 F.R. 20552)

    State Department Public Notice 9100 of April 23, 2015 (80 F.R. 22762)

    State Department Public Notice 9163 (May 15, 2015) (80 F.R. 32193)

    Sec. 1245 (22 U.S.C. 8804)

    Nonproliferation

    Requires the President to impose ISA-based sanctions on any person who knowingly engages in trade related to precious metal, or material used in energy, shipping, or shipbuilding, if controlled by IRGC or other sanctioned entity.

    Statutory requirement

    Correspondent or payable-through account sanctions waived as applied to sec. 1245(a)(1), (c). See Table 3.

    President may exempt those he determines are exercising "due diligence" to comply with restrictions.

    President may waive for 180 days, and may renew that waiver in 6-month increments, if he finds it "vital to the national security of the United States" to do so.

    See also:

    State Department Public Notice 8610 of January 22, 2014 (79 F.R. 4522) (Guidance of January 20, 2014)

    State Department Public Notice 8632 of February 10, 2014 (79 F.R. 9030)

    Guidance of July 21, 2014 (79 F.R. 45233)

    State Department Public Notice 8809 of July 28, 2014 (79 F.R. 45228)

    State Department Public Notice 8855 of August 22, 2014 (79 F.R. 51390)

    Guidance of November 25, 2014 (79 F.R. 73141)

    State Department Public Notice 8985 of December 10, 2014 (79 F.R. 78551)

    State Department Public Notice 9163 (May 15, 2015) (80 F.R. 32193)

    Sec. 1246 (22 U.S.C. 8805)

    Nonproliferation

    Requires the President to impose ISA-based sanctions on any person who knowingly provides underwriting or insurance services to any sanctioned entity with respect to Iran.

    Statutory requirement

    Sec. 1246(a) "Statutory sanctions authorities will no longer apply.... " to the extent an SDN has been delisted. See Table 3.

    Humanitarian-related transactions are exempted.

    President may exempt those he determines are exercising "due diligence" to comply with restrictions.

    President may waive for 180 days, and may renew that waiver in 6-month increments, if he finds it "vital to the national security of the United States" to do so.

    See also:

    State Department Public Notice 8610 of January 22, 2014 (79 F.R. 4522) (Guidance of January 20, 2014)

    State Department Public Notice 8632 of February 10, 2014 (79 F.R. 9030)

    Guidance of July 21, 2014 (79 F.R. 45233)

    State Department Public Notice 8809 of July 28, 2014 (79 F.R. 45228)

    State Department Public Notice 8855 of August 22, 2014 (79 F.R. 51390)

    Guidance of November 25, 2014 (79 F.R. 73141)

    State Department Public Notice 8985 of December 10, 2014 (79 F.R. 78551)

    State Department Public Notice 9100 of April 23, 2015 (80 F.R. 22762)

    State Department Public Notice 9163 (May 15, 2015) (80 F.R. 32193)

    Sec. 1247 (22 U.S.C. 8806)

    Nonproliferation

    Requires the President to prohibit any correspondent or payable-through account by a foreign financial institution that is found to facilitate a "significant financial transaction" on behalf of any Iranian Specially Designated National (SDN).

    Statutory requirement

    Sec. 1247(a) waived; "Statutory sanctions authorities will no longer apply.... " to the extent an SDN has been delisted. Correspondent or payable-through account sanctions waived. See Table 3.

    Humanitarian-related transactions are exempted.

    President may exempt application to those countries exempted from NDAA'12 requirements (see above).

    President may waive for 180 days, and may renew that waiver in 6-month increments, if he finds it "vital to the national security of the United States" to do so.

    See also:

    State Department Public Notice 8610 of January 22, 2014 (79 F.R. 4522) (Guidance of January 20, 2014)

    State Department Public Notice 8632 of February 10, 2014 (79 F.R. 9030)

    Guidance of July 21, 2014 (79 F.R. 45233)

    State Department Public Notice 8809 of July 28, 2014 (79 F.R. 45228)

    State Department Public Notice 8855 of August 22, 2014 (79 F.R. 51390).

    Guidance of November 25, 2014 (79 F.R. 73141)

    State Department Public Notice 8985 of December 10, 2014 (79 F.R. 78551)

    State Department Public Notice 9100 of April 23, 2015 (80 F.R. 22762)

    State Department Public Notice 9163 (May 15, 2015) (80 F.R. 32193)

    Sec. 1248 (22 U.S.C. 8807)

    Human rights

    Requires the President to apply Sec. 105(c), CISADA-based sanctions (see above) to the Islamic Republic of Iran Broadcasting and the President of that entity, and to add this entity and individual to the SDN list.

    Statutory requirement

    President may waive if he finds it "in the national interest" to do so (Sec. 401(b), CISADA).

    President may terminate sanctions when he determines and certifies that the government of Iran has released political prisoners detained around the June 2009 election; ceased related objectionable activities; investigated related killings, arrests, and abuses; and made public commitment to establishing an independent judiciary and upholding international human rights standards (Sec. 105(d), CISADA).

    Notes: AECA = Arms Export Control Act; CISADA = Comprehensive Iran Sanctions, Accountability, and Divestment Act of 2010; DNI = Director of National Intelligence; E.O. = Executive Order; FTO = Foreign Terrorist Organization; IAEA = International Atomic Energy Agency; IEEPA = International Emergency Economic Powers Act; IFI = International Financial Institution; IFSA = Iran Freedom Support Act; IIANA = Iran-Iraq Arms Non-Proliferation Act of 1992; INA = Immigration and Nationality Act of 1952; INKSA = Iran, North Korea, Syria Nonproliferation Act; IRGC = Iranian Revolutionary Guard Corps; ISA = Iran Sanctions Act of 1996; ITRSHRA = Iran Threat Reduction and Syria Human Rights Act of 2012; NDAA = National Defense Authorization Act; NEA = National Emergencies Act; NICO = Naftiran Intertrade Company; NIOC = National Iranian Oil Company; NITC = National Iranian Tanker Company; SDN = Specially Designated National; TSRA = Trade Sanctions Reform Act of 2000; UNICEF = U.N. Children's Fund; UNPA = United Nations Participation Act of 1945; UNSC = United Nations Security Council; USC = United States Code; USML = United States Munitions List; USTR = U.S. Trade Representative; WMD = Weapons of Mass Destruction.

    a. The State Department published a current and complete list of 16 entities subject to sanctions under the ISA 1996 as of March 4, 2015. See Department of State
    Public Notice 9061 of March 4, 2015 (80 Federal Register 12544; March 9, 2015). Table 2. Executive Orders Issued to Meet Statutory Requirements To Impose Economic Sanctions on Iran Executive Order E.O. 12170 Underlying Statute IEEPA / NEA (November 14, 1979) Restriction

    Executive Order

    Underlying Statute

    Restriction

    Authority To Lift or Waive

    E.O. 12170

    (November 14, 1979)

    IEEPA / NEA

    Declares a national emergency exists relating to 1979 events in Iran; blocks Iranian government property subject to U.S. jurisdiction. Secretary of the Treasury administers. E.O. 12938 IEEPA / NEA (November 14, 1994) AECA (also invoked in Sec. 3(b)(1), INKSA)

    President

    The President continued the national emergency declared in E.O. 12170 in a notice of November 12, 2014 (79 F.R. 68091).

    E.O. 12938

    (November 14, 1994)

    IEEPA / NEA

    AECA

    (also invoked in Sec. 3(b)(1), INKSA)

    Declares a national emergency exists relating to the proliferation of weapons of mass destruction and the means of delivery. Succeeds and replaces similar authorities of 1990 and 1994. Establishes export controls, sanctions affecting foreign aid, procurement, imports, on proliferators. Establishes sanctions—affecting foreign aid, IFI support, credits, arms sales, exports, imports, landing rights—targeting foreign countries that produce or use chemical or biological weapons. Authority To Lift or Waive President The President continued the national emergency declared in E.O. 12170 in a notice of November 12, 2014 (79 F.R. 68091). President Secretaries of State, Commerce, Defense, and the Treasury administer. E.O. 12957 IEEPA / NEA (March 15, 1995) Declares a national emergency exists relating to Iran’s proliferation activities; prohibits persons under U.S. jurisdiction from entering into certain transactions with respect to Iranian petroleum resources. Secretaries of the Treasury and State administer. E.O. 12959 IEEPA / NEA (May 6, 1995) ISDC ‘85 Expands national emergency set forth in E.O. 12957; prohibits entering into new investment. Secretaries of the Treasury and State administer. E.O. 13059 IEEPA / NEA (August 19, 1997) ISDC ‘85 Clarifies steps taken in E.O. 12957 and E.O. 12959; prohibits most imports from Iran, exports to Iran, new investment, transactions relating to Iran-origin goods regardless of their location President Sec. 101(a), IFSA, codifies this EO. The President must notify Congress 15 days in advance of its termination, unless exigent circumstances justify acting first. The President continued the national emergency declared in E.O. 12957 in a notice of March 11, 2015 (80 F.R. 13471). President Sec. 101(a), IFSA, codifies this EO. The President must notify Congress 15 days in advance of its termination, unless exigent circumstances justify acting first. President Sec. 101(a), IFSA, codifies this EO. The President must notify Congress 15 days in advance of its termination, unless exigent circumstances justify acting first. Secretaries of the Treasury and State administer. E.O. 13224 CRS-34 IEEPA / NEA Declares a national emergency exists relating to international terrorism, in the aftermath of events of September 11, 2001; President Executive Order (September 23, 2001) Underlying Statute UNPA’45 (also invoked in Sec. 211, ITRSHRA) Restriction Authority To Lift or Waive blocks property and prohibits transactions with persons who commit, threaten to commit, or support terrorism. Generates a list of designated individuals who are incorporated into the Specially Designated Nationals (SDN) list. Secretaries of the Treasury, State, Homeland Security, and the Attorney General administer. E.O. 13382 IEEPA / NEA (June 28, 2005) (also invoked in Sec. 211, ITRSHRA) Expands national emergency set forth in E.O. 12938; blocks property of WMD proliferators and their supporters. Secretaries of State, the Treasury, and the Attorney General administer. President Guidance of January 20, 2014 (79 F.R. 5025): “The USG will not impose blocking sanctions under section 1(a)(iii) of E.O. 13382 ... with respect to persons” who facilitate certain activities related to safety of Iran’s civil aviation industry. Extended in Guidance of July 21, 2014 (79 F.R. 45233). Further extended in Guidance of November 25, 2014 (79 F.R. 73141). Guidance of January 20, 2014 (79 F.R. 5025): “The USG will not impose blocking sanctions under section 1(a)(iii) of E.O. 13382 ... with respect to non-U.S. persons” who facilitate export of petroleum and related products from Iran to China, India, Japan, South Korea, Taiwan, or Turkey. Extended in Guidance of July 21, 2014 (79 F.R. 45233). Further extended in Guidance of November 25, 2014 (79 F.R. 73141). E.O. 13438 IEEPA / NEA (July 17, 2007) Expands national emergency relating to events in Iraq and set forth in E.O. 13303, May 22, 2003; blocks property of certain persons who threaten stabilization efforts in Iraq. President Secretaries of the Treasury, State, and Defense administer. E.O. 13553 IEEPA / NEA (September 28, 2010) CISADA Expands national emergency set forth in E.O. 12957; blocks property of certain persons with respect to human rights abuses by the government of Iran. Generates a list of designated individuals for whom property under U.S. jurisdiction is blocked. Imposes sanctions on those who enter into transactions with designated individuals. This is the initial implementation of requirements under CRS-35 President Executive Order Underlying Statute Restriction Authority To Lift or Waive CISADA. Secretaries of the Treasury and State administer. E.O. 13574 IEEPA / NEA (May 23, 2011) ISA ‘96 CISADA Expands national emergency set forth in E.O. 12957; implements new sanctions added to ISA. Prohibits U.S. financial institutions from making loans or credits, or engaging in foreign exchange transactions. Prohibits imports from, and blocks property of, a sanctioned person. President The President, and Secretaries of the Treasury and State, administer. E.O. 13590 IEEPA / NEA (November 20, 2011) Expands national emergency set forth in E.O. 12957; blocks property of those who trade in goods, services, technology, or support for Iran’s energy and petrochemical sectors. Prohibits Ex-Im Bank from entering into transactions with sanctioned person. Requires Federal Reserve to deny goods and services. Prohibits U.S. financial institutions from making most loans or credits. President Secretaries of State, the Treasury, and Commerce, the U.S. Trade Representative (USTR), Chairman of Federal Reserve Board, and President of Ex-Im Bank, administer. E.O. 13599 IEEPA / NEA (February 5, 2012) NDAA ‘12 Expands national emergency set forth in E.O. 12957; blocks property of the government of Iran and Iranian financial institutions, including the Central Bank of Iran. Secretaries of the Treasury, State, and Energy, and DNI administer. E.O. 13606 IEEPA / NEA (April 22, 2012) Expands, in the case of Iran, national emergency set forth in E.O. 12957; blocks the property and suspends entry into the United States of persons found to commit human rights abuses by the governments of Iran and Syria, facilitated misuse of information technology. Generates new list of SDN. President Sec. 217, ITRSHRA, requires the President notify Congress 90 days in advance of termination of this E.O., and certify a number of objectionable activities have ceased. President Sec. 411, ITRSHRA, requires the President notify Congress 30 days in advance of termination of this E.O., and certify a number of objectionable activities have ceased pursuant to Sec. 401, CISADA. Secretaries of the Treasury and State administer. E.O. 13608 (May 1, 2012) CRS-36 IEEPA / NEA Expands, in the case of Iran, national emergency set forth in E.O. 12957; prohibits transactions with and suspends entry into the United States of foreign sanctions evaders. Generates President Sec. 217, ITRSHRA, requires the President notify Congress 30 days in advance of termination of this E.O., and certify a Executive Order Underlying Statute Restriction new list of SDN. Secretaries of the Treasury and State administer. E.O. 13622 IEEPA / NEA (July 30, 2012) NDAA ‘12 Expands national emergency set forth in E.O. 12957; authorizes sanctions on foreign financial institutions that finance activities with NIOC, NICO. Prohibits correspondent and payable-through accounts. Prohibits Ex-Im financing, designation as a primary dealer of U.S. debt instruments, access to U.S. financial institutions. Blocks property, denies imports and exports. The President, and Secretaries of the Treasury, State, and Commerce, the USTR, Chairman of Federal Reserve Board, and President of Ex-Im Bank, administer. Authority To Lift or Waive number of objectionable activities have ceased pursuant to Sec. 401, CISADA. President Guidance of January 20, 2014 (79 F.R. 5025): “The USG will not impose correspondent or payable-through account sanctions under section 1(a)(i)-(ii) of E.O. 13622 ... with respect to foreign financial institutions” that facilitate export of petroleum and related products from Iran to China, India, Japan, South Korea, Taiwan, or Turkey. Extended in Guidance of July 21, 2014 (79 F.R. 45233). Further extended in Guidance of November 25, 2014 (79 F.R. 73141). Guidance of January 20, 2014 (79 F.R. 5025): “The USG will not impose correspondent or payable-through account sanctions under section 1(a)(iii) of E.O. 13622...on foreign financial institutions” that are not otherwise subject to sanctions. Extended in Guidance of July 21, 2014 (79 F.R. 45233). Further extended in Guidance of November 25, 2014 (79 F.R. 73141). Guidance of January 20, 2014 (79 F.R. 5025): “The USG will not impose sanctions under section 2(a)(i) of E.O. 13622...on non-U.S. persons” who engage in transactions relating to export of petroleum and related products from Iran to China, India, Japan, South Korea, Taiwan, or Turkey. Extended in Guidance of July 21, 2014 (79 F.R. 45233). Further extended in Guidance of November 25, 2014 (79 F.R. 73141). Guidance of January 20, 2014 (79 F.R. 5025): “The USG will not impose sanctions under section...2(a)(ii) of E.O. 13622...on non-U.S. persons not otherwise subject to” the Iran Transactions Sanctions Regime and engage in petrochemical exports transactions with specific Iranian entities. Extended in Guidance of July 21, 2014 (79 F.R. 45233). Further extended in Guidance of November 25, 2014 (79 F.R. 73141). CRS-37 Executive Order Underlying Statute Restriction Authority To Lift or Waive Guidance of January 20, 2014 (79 F.R. 5025): “The USG will not impose blocking sanctions under section 5(a) of E.O. 13622...with respect to persons” who facilitate trade in gold and precious metals. Extended in Guidance of July 21, 2014 (79 F.R. 45233). Further extended in Guidance of November 25, 2014 (79 F.R. 73141). Guidance of January 20, 2014 (79 F.R. 5025): “The USG will not impose blocking sanctions under section 5(a) of E.O. 13622...with respect to non-U.S. persons” who facilitate export of petroleum and related products from Iran to China, India, Japan, South Korea, Taiwan, or Turkey. Extended in Guidance of July 21, 2014 (79 F.R. 45233). Further extended in Guidance of November 25, 2014 (79 F.R. 73141). E.O. 13628 IEEPA / NEA (October 9, 2012) ISA ‘96 CISADA ITRSHRA INA Expands national emergency set forth in E.O. 12957; primarily implements ITRSHRA. Further prohibits U.S. financial institutions from making loans or credits, foreign exchange transactions, and transfers or credits between financial institutions. Blocks property of those who deal in equity or debt instruments of a sanctioned person. Prohibits imports, exports. Extends sanctions to other officers of sanctioned entities. Blocks property affiliated with human rights abusers, including those who limit freedom of expression. Denies access to certain financing tools, property, and imports, if one engaged in expansion of Iran’s refined petroleum sector. Blocks entry into the United States of those who engage in certain human rights abuses. President The President, and Secretaries of the Treasury, State, and Commerce, the USTR, Chairman of Federal Reserve Board, and President of Ex-Im Bank, administer. E.O. 13645 IEEPA / NEA (June 3, 2013) CISADA IFCA INA CRS-38 Expands national emergency set forth in E.O. 12957; imposes restrictions on foreign financial institutions engaged in transactions relating to, or maintaining accounts dominated by, Iran’s currency (rial). Prohibits opening or maintaining U.S.-based payable-through correspondent accounts. Blocks property under U.S. jurisdiction. Imposes restrictions on President Guidance of January 20, 2014 (79 F.R. 5025): “The USG will not impose blocking sanctions under section ... 2(a)(i)-(ii) of E.O. 13645 with respect to persons” who engage in various transactions related to petrochemical products. Extended in Executive Order Underlying Statute Restriction those, including foreign financial institutions, found to be materially assisting in any way an Iran-related SDN. Imposes restrictions on those found to engage in transactions related to Iran’s petroleum or related products. Requires the Secretary of State to impose restrictions on financing (Federal Reserve, Ex-Im Bank, commercial banks) on those found to engage in significant transactions related to Iran’s automotive sector. Blocks property of those found to have engage in diversion of goods and services intended for the people of Iran The President, and Secretaries of the Treasury, State, Homeland Security, and Commerce, the USTR, Chairman of Federal Reserve Board, and President of Ex-Im Bank, administer. Authority To Lift or Waive Guidance of July 21, 2014 (79 F.R. 45233). Further extended in Guidance of November 25, 2014 (79 F.R. 73141). Guidance of January 20, 2014 (79 F.R. 5025): “The USG will not impose blocking sanctions under section...2(a)(i)-(ii) of E.O. 13645 with respect to persons” who facilitate trade in gold and precious metals. Extended in Guidance of July 21, 2014 (79 F.R. 45233). Further extended in Guidance of November 25, 2014 (79 F.R. 73141). Guidance of January 20, 2014 (79 F.R. 5025): “The USG will not impose blocking sanctions under... section 2(a)(i)-(ii) of E.O. 13645...with respect to persons” who facilitate certain activities related to safety of Iran’s civil aviation industry. Extended in Guidance of July 21, 2014 (79 F.R. 45233). Further extended in Guidance of November 25, 2014 (79 F.R. 73141). Guidance of January 20, 2014 (79 F.R. 5025): “The USG will not impose blocking sanctions under section...2(a)-(ii) of E.O. 13645...with respect to non-U.S. persons” who facilitate export of petroleum and related products from Iran to China, India, Japan, South Korea, Taiwan, or Turkey. Extended in Guidance of July 21, 2014 (79 F.R. 45233). Further extended in Guidance of November 25, 2014 (79 F.R. 73141). Guidance of January 20, 2014 (79 F.R. 5025): “The USG will not impose correspondent or payable-through account sanctions under section...3(a)(i) of E.O. 13645...on foreign financial institutions” that are not otherwise subject to sanctions. Extended in Guidance of July 21, 2014 (79 F.R. 45233). Further extended in Guidance of November 25, 2014 (79 F.R. 73141). Guidance of January 20, 2014 (79 F.R. 5025): “The USG will not impose correspondent or payable-through account sanctions under section 3(a)(i) of E.O. 13645 with respect to foreign financial institutions” that facilitate trade in gold and precious metals. Extended in Guidance of July 21, 2014 (79 CRS-39 Executive Order Underlying Statute Restriction Authority To Lift or Waive F.R. 45233). Further extended in Guidance of November 25, 2014 (79 F.R. 73141). Guidance of January 20, 2014 (79 F.R. 5025): “The USG will not impose correspondent or payable-through account sanctions under section 3(a)(i) of E.O. 13645...on foreign financial institutions” that facilitate certain activities related to safety of Iran’s civil aviation industry. Extended in Guidance of July 21, 2014 (79 F.R. 45233). Further extended in Guidance of November 25, 2014 (79 F.R. 73141). Guidance of January 20, 2014 (79 F.R. 5025): “The USG will not impose correspondent or payable-through account sanctions under section ...3(a)(i) of E.O. 13645...with respect to foreign financial institutions” that facilitate export of petroleum and related products from Iran to China, India, Japan, South Korea, Taiwan, or Turkey. Extended in Guidance of July 21, 2014 (79 F.R. 45233). Further extended in Guidance of November 25, 2014 (79 F.R. 73141). Guidance of January 20, 2014 (79 F.R. 5025): “The USG will not impose correspondent or payable-through account sanctions under section...3(a)(ii) of E.O. 13645...on foreign financial institutions” that engage in sale, supply, or transfer related to Iran’s automotive sector. Extended in Guidance of July 21, 2014 (79 F.R. 45233). Further extended in Guidance of November 25, 2014 (79 F.R. 73141). Guidance of January 20, 2014 (79 F.R. 5025): “The USG will not impose sanctions described in section 6 of E.O. 13645” on persons who engage in sale, supply, or transfer related to Iran’s automotive sector. Extended in Guidance of July 21, 2014 (79 F.R. 45233). Further extended in Guidance of November 25, 2014 (79 F.R. 73141). Guidance of July 21, 2014 (79 F.R. 45233): “The USG will not impose sanctions described in sections 6 and 7 of E.O. 13645”. Further extended in Guidance of November 25, 2014 (79 F.R. 73141). CRS-40 Notes: AECA = Arms Export Control Act; CISADA = Comprehensive Iran Sanctions, Accountability, and Divestment Act of 2010; DNI = Director of National Intelligence; E.O. = Executive Order; IEEPA = International Emergency Economic Powers Act; IFI = International Financial Institution; IFCA = Iran Freedom and Counterproliferation Act of 2012; IFSA = Iran Freedom Support Act; INA = Immigration and Nationality Act of 1952; INKSA = Iran, North Korea, Syria Nonproliferation Act; ISA = Iran Sanctions Act of 1996; ITRSHRA = Iran Threat Reduction and Syria Human Rights Act of 2012; NDAA = National Defense Authorization Act; NEA = National Emergencies Act; NICO = Naftiran Intertrade Company; NIOC = National Iranian Oil Company; SDN = Specially Designated National; UNPA = United Nations Participation Act of 1945; USTR = U.S. Trade Representative. CRS-41 Iran: U.S. Economic Sanctions and the Authority to Lift Restrictions Author Contact Information Dianne E. Rennack Specialist in Foreign Policy Legislation drennack@crs.loc.gov, 7-7608 Congressional Research Service 42

    Secretaries of State, Commerce, Defense, and the Treasury administer.

    President

    E.O. 12957

    (March 15, 1995)

    IEEPA / NEA

    The President, in sec. 4 and 5 of E.O. 13716 of January 16, 2016, prohibits donations for the benefit of any blocked person under this or related Orders.

    E.O. 13716 of January 16, 2016, at sec. 6, further prohibits entry into the United States of any person blocked under sec. 3(a)(i) or 3(c)(i) (see IFCA, sec. 1244).

    Declares a national emergency exists relating to Iran's proliferation activities; prohibits persons under U.S. jurisdiction from entering into certain transactions with respect to Iranian petroleum resources.

    Secretaries of the Treasury and State administer.

    President

    Sec. 101(a), IFSA, codifies this EO. The President must notify Congress 15 days in advance of its termination, unless exigent circumstances justify acting first.

    The President continued the national emergency declared in E.O. 12957 in a notice of March 11, 2015 (80 F.R. 13471).

    E.O. 12959

    (May 6, 1995)

    IEEPA / NEA

    ISDC '85

    Expands national emergency set forth in E.O. 12957; prohibits entering into new investment.

    Secretaries of the Treasury and State administer.

    President

    Sec. 101(a), IFSA, codifies this EO. The President must notify Congress 15 days in advance of its termination, unless exigent circumstances justify acting first.

    E.O. 13059

    (August 19, 1997)

    IEEPA / NEA

    ISDC '85

    Clarifies steps taken in E.O. 12957 and E.O. 12959; prohibits most imports from Iran, exports to Iran, new investment, transactions relating to Iran-origin goods regardless of their location

    Secretaries of the Treasury and State administer.

    President

    Sec. 101(a), IFSA, codifies this EO. The President must notify Congress 15 days in advance of its termination, unless exigent circumstances justify acting first.

    E.O. 13224

    (September 23, 2001)

    IEEPA / NEA

    UNPA'45

    (also invoked in Sec. 211, ITRSHRA)

    Declares a national emergency exists relating to international terrorism, in the aftermath of events of September 11, 2001; blocks property and prohibits transactions with persons who commit, threaten to commit, or support terrorism. Generates a list of designated individuals who are incorporated into the Specially Designated Nationals (SDN) list.

    Secretaries of the Treasury, State, Homeland Security, and the Attorney General administer.

    President

    E.O. 13382

    (June 28, 2005)

    IEEPA / NEA

    (also invoked in Sec. 211, ITRSHRA)

    Expands national emergency set forth in E.O. 12938; blocks property of WMD proliferators and their supporters.

    Secretaries of State, the Treasury, and the Attorney General administer.

    President

    See also

    Guidance of January 20, 2014 (79 F.R. 5025)

    Guidance of July 21, 2014 (79 F.R. 45233)

    Guidance of November 25, 2014 (79 F.R. 73141)

    E.O. 13438

    (July 17, 2007)

    IEEPA / NEA

    Expands national emergency relating to events in Iraq and set forth in E.O. 13303, May 22, 2003; blocks property of certain persons who threaten stabilization efforts in Iraq.

    Secretaries of the Treasury, State, and Defense administer.

    President

    E.O. 13553

    (September 28, 2010)

    IEEPA / NEA

    CISADA

    Expands national emergency set forth in E.O. 12957; blocks property of certain persons with respect to human rights abuses by the government of Iran. Generates a list of designated individuals for whom property under U.S. jurisdiction is blocked. Imposes sanctions on those who enter into transactions with designated individuals.

    This is the initial implementation of requirements under CISADA.

    Secretaries of the Treasury and State administer.

    President

    E.O. 13574 (May 23, 2011)

    Revoked. See Table 4.  

    E.O. 13590 (November 20, 2011)

    Revoked. See Table 4.  

    E.O. 13599

    (February 5, 2012)

    IEEPA / NEA

    NDAA '12

    Expands national emergency set forth in E.O. 12957; blocks property of the government of Iran and Iranian financial institutions, including the Central Bank of Iran.

    Secretaries of the Treasury, State, and Energy, and DNI administer.

    President

    Sec. 217, ITRSHRA, requires the President notify Congress 90 days in advance of termination of this E.O., and certify a number of objectionable activities have ceased.

    E.O. 13606

    (April 22, 2012)

    IEEPA / NEA

    Expands, in the case of Iran, national emergency set forth in E.O. 12957; blocks the property and suspends entry into the United States of persons found to commit human rights abuses by the governments of Iran and Syria, facilitated misuse of information technology. Generates new list of SDN.

    Secretaries of the Treasury and State administer.

    President

    Sec. 411, ITRSHRA, requires the President notify Congress 30 days in advance of termination of this E.O., and certify a number of objectionable activities have ceased pursuant to Sec. 401, CISADA.

    E.O. 13608

    (May 1, 2012)

    IEEPA / NEA

    Expands, in the case of Iran, national emergency set forth in E.O. 12957; prohibits transactions with and suspends entry into the United States of foreign sanctions evaders. Generates new list of SDN.

    Secretaries of the Treasury and State administer.

    President

    Sec. 217, ITRSHRA, requires the President notify Congress 30 days in advance of termination of this E.O., and certify a number of objectionable activities have ceased pursuant to Sec. 401, CISADA.

    E.O. 13622 (July 30, 2012)

    Revoked. See Table 4.  

    E.O. 13628

    (October 9, 2012)

    IEEPA / NEA

    ISA '96

    CISADA

    ITRSHRA

    INA

    Partially revoked; see Table 4.

    Expands national emergency set forth in E.O. 12957; primarily implements ITRSHRA. Further prohibits U.S. financial institutions from making loans or credits, foreign exchange transactions, and transfers or credits between financial institutions. Blocks property of those who deal in equity or debt instruments of a sanctioned person. Prohibits imports, exports. Extends sanctions to other officers of sanctioned entities. Blocks property affiliated with human rights abusers, including those who limit freedom of expression. Blocks entry into the United States of those who engage in certain human rights abuses.

    The President, and Secretaries of the Treasury, State, and Commerce, the USTR, Chairman of Federal Reserve Board, and President of Ex-Im Bank, administer.

    President

    E.O. 13645 (June 3, 2013)

    Revoked. See Table 4.

    E.O. 13716

    (January 16, 2016)

    IEEPA / NEA

    ISA'96

    CISADA

    ITRSHRA

    IFCA'12

    INA

    Revokes several other E.O. (see Table 4).

    At sec. 3(a), authorizes the Secretary of the Treasury, in consultation with the Secretary of State, to block property and interests in property of those "providing significant financial, material, technological, support, or goods or services to transactions related to the energy, shipping, and shipbuilding sectors of Iran.

    At sec. 3(b), further authorizes the Secretaries to block loans above $10 million in any 12-month period; prohibit foreign exchange, transfers or credits through U.S. financial institutions; block property, investments under U.S. jurisdiction; block U.S. persons from investing in debt of a sanctioned person; prohibit imports; and extend restrictions to officers of sanctioned entity.

    At sec. 3(c), further authorizes the Secretaries to block property of any individual who is found to engage in diversion of food and medicine intended for the people of Iran; misappropriation of resources; transactions with a sanctioned person; or owned or controlled by a sanctioned person.

    President.

    Notes: AECA = Arms Export Control Act; CISADA = Comprehensive Iran Sanctions, Accountability, and Divestment Act of 2010; DNI = Director of National Intelligence; E.O. = Executive Order; IEEPA = International Emergency Economic Powers Act; IFI = International Financial Institution; IFCA = Iran Freedom and Counter-proliferation Act of 2012; IFSA = Iran Freedom Support Act; INA = Immigration and Nationality Act of 1952; INKSA = Iran, North Korea, Syria Nonproliferation Act; ISA = Iran Sanctions Act of 1996; ITRSHRA = Iran Threat Reduction and Syria Human Rights Act of 2012; NDAA = National Defense Authorization Act; NEA = National Emergencies Act; NICO = Naftiran Intertrade Company; NIOC = National Iranian Oil Company; SDN = Specially Designated National; UNPA = United Nations Participation Act of 1945; USTR = U.S. Trade Representative.

    Table 3. Legislation Made Inapplicable on Implementation Day to Meet Requirements of the JCPOA

    Effective January 16, 2016

    Section Affected

    Target

    No Longer Applied

    Waiver or Revocation: Rationale

    IRAN SANCTIONS ACT OF 1996 (ISA 1996)a

    (P.L. 104-172; 50 U.S.C. 1701 note; as amended; Act sunsets effective December 31, 2016 (Sec. 13(b))

    Sec. 5(a)

    Non-U.S. persons who:

    —make investments above specified thresholds that could directly and significantly contribute to the maintenance or enhancement of Iran's ability to develop petroleum resources;

    —knowingly sell, lease, or provide to Iran goods, services, technology, information, or support that could directly and significantly facilitate the maintenance or enhancement of Iran's domestic production of refined petroleum products;

    —sell or provide to Iran refined petroleum products or sell, lease, or provide to Iran goods, services, technology, information, or support that could directly and significantly contribute to the enhancement of Iran's ability to import refined petroleum products;

    —knowingly participate in certain joint ventures for the development of petroleum resources outside of Iran;

    —knowingly sell, lease, or provide to Iran goods, services, technology, information, or support that could directly and significantly contribute to the maintenance or enhancement of Iran's ability to develop petroleum resources located in Iran or domestic production of refined petrochemical products;

    —knowingly sell, lease, or provide to Iran goods, services, technology, or support that could directly and significantly contribute to the maintenance or expansion of Iran's domestic production of petrochemical products;

    —own, operate, or control, or insure a vessel used to transport crude oil from Iran to another country;

    —own, operate, or control a vessel used in a manner that conceals the Iranian origin of crude oil or refined petroleum products transported on the vessel

    Sanctions drawn from ISA'96 and IEEPA authorities

    Waived; made inapplicable "to the extent necessary to implement the JCPOA and excluding any transactions involving persons on OFAC's SDN list.... "

    COMPREHENSIVE IRAN SANCTIONS, ACCOUNTABILITY, AND DIVESTMENT ACT OF 2010 (CISADA)

    (P.L. 111-195; 22 U.S.C. 8501 et seq.; as amended)

    Sec. 104(c)(2)(E)(ii)(I)

    (22 U.S.C. 8513(c)(2)(E)(ii)(I))

    Foreign financial institutions that knowingly facilitate a significant transaction or provide significant financial services for a person whose property or interests in property are blocked in connection with Iran's proliferation of WMD or their means of delivery

    Correspondent or payable-through account sanctions

    No longer applicable to transactions or services for specifically identified Iranian financial institutions

    "Statutory sanctions authorities will no longer apply.... " to the extent an SDN has been delisted.

    NATIONAL DEFENSE AUTHORIZATION ACT FOR FISCAL YEAR 2012 (NDAA 2012)

    (Sec. 1245 of P.L. 112-81; 22 U.S.C. 8513a; as amended)

    Sec. 1245(d), (d)(1)

    Significant financial transactions by foreign financial institutions, including transactions with the Central Bank of Iran

    Correspondent or payable-through account sanctions

    Waived, including refraining from imposing sanctions under 31 CFR 561.203(a) as it may have applied to the Central Bank of Iran, 31 CFR Part 561 as it applies to foreign financial institutions engaged in transactions with the Central Bank.

    "Statutory sanctions authorities will no longer apply.... " to the extent an SDN has been delisted.

    IRAN THREAT REDUCTION AND SYRIA HUMAN RIGHTS ACT OF 2012 (ITRSHRA)

    (P.L. 112-158; 22 U.S.C. 8701 et seq.)

    Sec. 212(a)

    (22 U.S.C. 8722(a))

    Non-U.S. persons who knowingly provide underwriting services or insurance or reinsurance for NIOC, NITC, or a successor entity to either company, in cases where the transactions are for activities described in sections 4.2.1, 4.3, and 4.4 of Annex II of the JCPOA

    Sanctions drawn from ISA'96 and IEEPA authorities

    Waived; made inapplicable "to the extent necessary to implement the JCPOA and excluding any transactions involving persons on OFAC's SDN list.... "

    Sec. 213(a)

    (22 U.S.C. 8723(a))

    Non-U.S. persons who purchase, subscribe to, or facilitate the issuance of sovereign debt of the Government of Iran, including governmental bonds

    Sanctions drawn from ISA'96 and IEEPA authorities

    Waived; made inapplicable "to the extent necessary to implement the JCPOA and excluding any transactions involving persons on OFAC's SDN list.... "

    Sec. 220(c)

    (22 U.S.C. 8726(c))

    Non-U.S. persons who knowingly provide specialized financial messaging services that facilitate transactions for the Central Bank of Iran or other financial institutions not designated as an SDN

    Blocking access to property or assets

    Committed to refrain from imposing discretionary sanctions

    IRAN FREEDOM AND COUNTER-PROLIFERATION ACT OF 2012 (IFCA)

    (Title XII, subtitle D, of National Defense Authorization Act for Fiscal Year 2013; NDAA 2013; P.L. 112-239; 22 U.S.C. 8801 et seq.)

    Sec. 1244(c), (c)(1)

    (22 U.S.C. 8803(c), (c)(1))

    Non-U.S. persons who knowingly provide significant financial, material, technological, or other support to, or goods or services to a person who is part of the energy, shipping, or shipbuilding sectors, or a port operator, or Iranian individuals or entities identified in the JCPOA (Annex II, Attachment 3) for delisting

    Blocking access to property or assets

    Waived; "Statutory sanctions authorities will no longer apply" to the extent an SDN has been delisted.

    OFAC also issued a Statement of Licensing Policy (SLP) to establish a favorable licensing policy regime through which U.S. persons and, where there is a nexus to U.S. jurisdiction, non-U.S. persons may request specific authorization to engage in transactions related to providing Iran commercial passenger aircraft, and related spare parts and services, for exclusively civil aviation end use. Such transactions must meet the requirements of Department of Commerce export controls, the Export Administration Act, the Federal Food, Drug, and Cosmetic Act, and the Iran-Iraq Arms Non-Proliferation Act, and no SDN may be involved in the transaction.

    Sec. 1244(d)(1)

    (22 U.S.C. 8803(d)(1))

    Non-U.S. persons who knowingly sell, supply, or transfer to or from Iran significant goods or services used in connection with the energy, shipping, or shipbuilding sectors of Iran, including NIOC, NITC, and IRISL

    Sanctions drawn from ISA'96 authorities

    Waived

    Sec. 1244(d)(2)

    (22 U.S.C. 8803(d)(2))

    Significant financial transactions by foreign financial institutions for the sale, supply, or transfer to or from Iran of significant goods or services used in connection with the energy, shipping, or shipbuilding sectors, including NIOC, NITC, IRISL

    Correspondent or payable-through account sanctions

    Waived

    Sec. 1244(h)(2)

    (22 U.S.C. 8803(h)(2))

    Financial transactions by foreign financial institutions for the sale, supply, or transfer to or from Iran of natural gas

    Correspondent or payable-through account sanctions

    Waived

    Sec. 1245(a)(1), (a)(1)(A), (a)(1)(B), (a)(1)(C)(i)(II), (a)(1)(C)(ii)(II)

    (22 U.S.C. 8804)

    Non-U.S. persons who sell, supply, or transfer to or from Iran precious metals or specified materials (graphite, raw or semi-finished metals), subject to certain limitations

    Sanctions drawn from ISA'96 authorities

    Waived

    Sec. 1245(c)

    (22 U.S.C. 8804(c))

    Significant financial transactions by foreign financial institutions for the sale, supply, or transfer to or from Iran of precious metals or specified materials (graphite, raw or semi-finished metals) that are within the scope of waivers under sec. 1245(a)(1)

    Correspondent or payable-through account sanctions

    Waived

    Sec. 1246(a)

    (22 U.S.C. 8805(a))

    Non-U.S. persons who provide underwriting services, insurance, or reinsurance in connection with activities involving Iran that are described in sections 17.1 to 17.2 and 17.5 of Annex V of the JCPOA, or to or for any individual or entity whose property and interests in property are blocked solely pursuant to E.O. 13599

    Sanctions drawn from ISA'96 authorities

    Waived

    Sec. 1246(a)(1)(B)(i), (a)(1)(B)(ii), (a)(1)(B)(iii)(I), (a)(1)(C)

    (22 U.S.C. 8805(a))

    Persons who knowingly provide underwriting services or insurance or reinsurance to or for any person designated for the imposition of sanctions in connection with Iran's proliferation of WMD or their means of delivery

    Sanctions drawn from ISA'96 authorities

    "Statutory sanctions authorities will no longer apply ... ." to the extent an SDN has been delisted.

    Sec. 1247(a)

    (22 U.S.C. 8806(a))

    Significant financial transaction by a foreign financial institution on behalf of any Iranian specially designated national (SDN)

    Correspondent or payable-through account sanctions

    Waived; "Statutory sanctions authorities will no longer apply.... " to the extent an SDN has been delisted.

    Source: U.S. Department of the Treasury. U.S. Department of State. Guidance Relating to the Lifting of Certain U.S. Sanctions Pursuant to the Joint Comprehensive Plan of Action on Implementation Day. January 16, 2016 (Guidance of January 16, 2016).

    Notes: The Guidance of January 16, 2016 notes that "This document is explanatory only and does not have the force of law. Please see particularly the legally binding provisions cited ... governing the sanctions. This document does not supplement or modify the statutory authorities, Executive orders, or regulations."

    Table 4. Executive Orders Revoked or Amended on Implementation Day to Meet Requirements of the JCPOA

    Effective pursuant to Executive Order 13716 of January 16, 2016

    Executive Order

    Underlying Statute

    Restriction

    Authority to Lift or Waive

    E.O. 13574

    (May 23, 2011)

    IEEPA / NEA

    ISA '96

    CISADA

    Revoked.

    Expanded national emergency set forth in E.O. 12957; implemented new sanctions added to ISA. Prohibited U.S. financial institutions from making loans or credits, or engaging in foreign exchange transactions. Prohibited imports from, and blocks property of, a sanctioned person.

    The President, and Secretaries of the Treasury and State, administered.

    President

    E.O. 13590

    (November 20, 2011)

    IEEPA / NEA

    Revoked.

    Expanded national emergency set forth in E.O. 12957; blocked property of those who trade in goods, services, technology, or support for Iran's energy and petrochemical sectors. Prohibited Ex-Im Bank from entering into transactions with sanctioned person. Required Federal Reserve to deny goods and services. Prohibited U.S. financial institutions from making most loans or credits.

    Secretaries of State, the Treasury, and Commerce, the U.S. Trade Representative (USTR), Chairman of Federal Reserve Board, and President of Ex-Im Bank, administered.

    President

    E.O. 13622

    (July 30, 2012)

    IEEPA / NEA

    NDAA '12

    Revoked.

    Expanded national emergency set forth in E.O. 12957; authorized sanctions on foreign financial institutions that finance activities with NIOC, NICO. Prohibited correspondent and payable-through accounts. Prohibited Ex-Im financing, designation as a primary dealer of U.S. debt instruments, access to U.S. financial institutions. Blocked property; denied imports and exports.

    The President, and Secretaries of the Treasury, State, and Commerce, the USTR, Chairman of Federal Reserve Board, and President of Ex-Im Bank, administered.

    President

    See also:

    Guidance of January 20, 2014 (79 F.R. 5025)

    Guidance of July 21, 2014 (79 F.R. 45233)

    Guidance of November 25, 2014 (79 F.R. 73141)

    E.O. 13628

    (October 9, 2012)

    IEEPA / NEA ISA '96

    CISADA

    ITRSHRA

    INA

    Partially revoked. See Table 2.

    Denied access to certain financing tools, property, and imports, if one engaged in expansion of Iran's refined petroleum sector.

    President

    E.O. 13645

    (June 3, 2013)

    IEEPA / NEA

    CISADA

    IFCA

    INA

    Revoked.

    Expanded national emergency set forth in E.O. 12957; imposed restrictions on foreign financial institutions engaged in transactions relating to, or maintaining accounts dominated by, Iran's currency (rial). Prohibited opening or maintaining U.S.-based payable-through correspondent accounts. Blocked property under U.S. jurisdiction. Imposed restrictions on those, including foreign financial institutions, found to be materially assisting in any way an Iran-related SDN. Imposed restrictions on those found to engage in transactions related to Iran's petroleum or related products. Required the Secretary of State to impose restrictions on financing (Federal Reserve, Ex-Im Bank, commercial banks) on those found to engage in significant transactions related to Iran's automotive sector. Blocked property of those found to have engage in diversion of goods and services intended for the people of Iran

    The President, and Secretaries of the Treasury, State, Homeland Security, and Commerce, the USTR, Chairman of Federal Reserve Board, and President of Ex-Im Bank, administered.

    President

    See also

    Guidance of January 20, 2014 (79 F.R. 5025)

    Guidance of July 21, 2014 (79 F.R. 45233)

    Guidance of November 25, 2014 (79 F.R. 73141)

    Source: Executive Order 13716 of January 16, 2016 (81 F.R. 3693-3698).

    Key U.S. Legal Authorities That Remain in Place After Implementation Day

    U.S. DEPARTMENT OF THE TREASURY

    U.S. DEPARTMENT OF STATE

    Guidance Relating to the Lifting of Certain U.S. Sanctions Pursuant to the Joint Comprehensive Plan of Action on Implementation Day

    * * * * * *

    VII. Key U.S. Legal Authorities That Remain in Place After Implementation Day

    A number of U.S. legal authorities that are outside the scope of the JCPOA and are directed toward, or have been used to address, U.S. concerns with respect to, Iran remain in place after Implementation Day. A non-exhaustive list of such authorities is set out below:

    A. Trade Sanctions

    1. Trade Embargo: The U.S. domestic trade embargo imposed on Iran under the national emergency declared in E.O. 12957, as implemented through the ITSR, also referred to as U.S. primary sanctions, remains in place following Implementation Day. Pursuant to the ITSR and with limited exceptions,16 U.S. persons, as defined in section 560.314 of the ITSR, continue to be broadly prohibited from engaging in transactions or dealings directly or indirectly with Iran or its government. In addition, non-U.S. persons continue to be prohibited from knowingly engaging in conduct that seeks to evade U.S. restrictions on transactions or dealings with Iran or that causes the export of goods or services from the United States to Iran.

    Please note that, under the ITSR, the clearing of transactions involving Iran through the U.S. financial system, including foreign branches of U.S. financial institutions continues to be prohibited.

    2. Export Controls: U.S. controls on the exportation or reexportation of goods, technology, and services to Iran imposed pursuant to the ITSR, including sections 560.204 and 560.205, as well as the Export Administration Regulations, 15 C.F.R. parts 730-774 (EAR), and the International Traffic in Arms Regulations, 22 CFR parts 120-130 (ITAR), remain in place. Pursuant to these authorities and unless exempt from regulation or authorized under the relevant regulations, the exportation or reexportation by a U.S. person or from the United States to Iran or the Government of Iran, as well as the reexportation by non-U.S. persons of items that contain 10 percent or more U.S.-controlled content with knowledge or reason to know that the reexportation is intended specifically to Iran or the Government of Iran, generally requires a license.

    B. Designation Authorities and Blocking Sanctions

    In addition, the United States retains a number of authorities that are directed toward, or have been used to address, U.S. concerns with respect to Iran. Generally, these authorities provide for the imposition of blocking sanctions on persons meeting certain criteria or engaging in specified conduct, as well as their support networks.

    Designation authorities:

    The activities targeted by these authorities include the following:

    1. Support for terrorism: E.O. 13224 (blocking property and prohibiting transactions with persons who commit, threaten to commit, or support terrorism);

    2. Iran's human rights abuses:

    • E.O.s 13553 and 13628 (implementing sections 105, 105A, and 105B of CISADA (related to persons who are responsible for or complicit in human rights abuses committed against the citizens of Iran; transfers of goods or technologies to Iran that are likely to be used to commit serious human rights abuses against the people of Iran; and persons who engage in censorship or similar activities with respect to Iran)); and
    • E.O. 13606 (relating to the provision of information technology used to further serious human rights abuses);

    3. Proliferation of WMD and their means of delivery, including ballistic missiles: E.O.s 12938 and 13382;

    4. Support for persons involved in human rights abuses in Syria or for the Government of Syria: E.O.s 13572 and 13582;

    5. Support for persons threatening the peace, security, or stability of Yemen: E.O. 13611;

    6. Transactions or activities described in section 1244(c)(1)(A) of IFCA if the transaction involves any person on the SDN list (other than an Iranian financial institution whose property and interests in property are blocked solely pursuant to E.O. 13599): Section 1244(c)(1) of IFCA;

    7. Diversion of goods intended for the people of Iran: CISADA 105C, as added by section 1249 of IFCA (relating to the diversion of goods, including agricultural commodities, food, medicine, and medical devices, intended for the people of Iran, or the misappropriation of proceeds from the sale or resale of such goods);

    8. Knowingly and directly providing specialized financial messaging services to, or knowingly enabling or facilitating direct or indirect access to such messaging services for a financial, institution whose property or interests in property are blocked in connection with Iran's proliferation of WMD or their means of delivery, or Iran's support for international terrorism: Section 220 of the TRA [ITRSHRA];17

    9. Officials, agents, and affiliates of the IRGC: Section 301 of the TRA18 (providing for the designation of officials, agents, or affiliates of the IRGC); and

    10.Foreign sanctions evaders: E.O. 13608 (authorizing the imposition of prohibitions on transactions or dealings by U.S. persons involving persons determined to have: (i) violated, attempted to violate, conspired to violate, or caused a violation of U.S. sanctions with respect to Iran or Syria (including sanctions imposed under counter-proliferation or counter-terrorism authorities); or (ii) facilitated deceptive transactions for or on behalf of any person subject to U.S. sanctions concerning Iran or Syria).19

    Blocking authorities:

    The persons targeted by these authorities include the following:

    1. The Government of Iran and Iranian Financial Institutions: E.O. 13599, section 217(a) of the TRA, section 560.211 of the ITSR; and

    2. Islamic Republic of Iran Broadcasting and its president under section 105(c) of CISADA: Section 1248 of IFCA.

    C. Correspondent and Payable-through Account Sanctions

    After Implementation Day, FFIs may be subject to correspondent or payable-through account secondary sanctions for:

    1. Knowingly facilitating a significant financial transaction with designated Iranian financial institutions that remain or are placed on the SDN List (section 1245(d) of NDAA 2012);

    2. Knowingly facilitating a significant financial transaction on behalf of any Iranian persons that remain or are placed on the SDN List (section 1247(a) of IFCA);

    3. Knowingly facilitating a significant financial transaction or providing significant financial services for any other person on the SDN List with the "[IFSR]" identifying tag (i.e., the Islamic Revolutionary Guard Corps (IRGC) and any of its designated officials, agents, or affiliates; individuals and entities designated pursuant to E.O. 13382 in connection with Iran's proliferation of WMD or their means of delivery; and individuals and entities designated pursuant to E.O. 13224 in connection with Iran's support for international terrorism) (section 104(c)(2)(E) of CISADA);

    4. Knowingly facilitating a significant financial transaction for the sale, supply, or transfer to or from Iran of significant goods and services used in connection with the energy, shipping, or shipbuilding sectors of Iran where the transactions involve persons who remain or are placed on the SDN List (section 1244(d)(2) of IFCA); or

    5. Knowingly conducting or facilitating a significant financial transaction for the sale, supply, or transfer to or from Iran of graphite, raw or semi-finished metals such as aluminum and steel, coal, and software for integrating industrial processes that have been determined pursuant to section 1245(e)(3) of IFCA to be used as described in that section if the transactions involve (i) persons on the SDN List; (ii) the sale, supply, or transfer of materials described in section 1245(d) of IFCA that have not been approved by the procurement channel established pursuant to paragraph 16 of UNSCR 2231 and section 6 of Annex IV of the JCPOA, in cases in which the procurement channel applies; or (iii) the sale, supply, or transfer of materials described in section 1245(d) of IFCA if the material is sold, supplied, or transferred, or resold, retransferred, or otherwise supplied directly or indirectly, for use in connection with the military or ballistic missile program of Iran (section 1245(c) of IFCA).

    D. Menu-based Sanctions

    After Implementation Day, menu-based secondary sanctions continue to attach to:

    1. Persons who materially assist, sponsor, or provide financial, material, or technological support for, or goods or services in support of: the IRGC or any of its officials, agents, or affiliates blocked pursuant to IEEPA; persons that engage in significant transactions with (i) any of the foregoing or (ii) persons subject to financial sanctions pursuant to the UNSCRs that impose sanctions with respect to Iran, or a person acting for or on behalf of, or owned or controlled by, such person (section 302(a) of the TRA);

    2. Non-U.S. persons who engage in transactions or activities described in sections 1244(d)(1) and 1246(a) of IFCA if the transactions involve persons on the SDN List; and

    3. Non-U.S. persons who sell, supply, or transfer directly or indirectly to or from Iran graphite, raw or semi-finished metals such as aluminum and steel, coal, and software for integrating industrial processes that have been determined pursuant to section 1245(e)(3) of IFCA to be used as described in that section if the transactions involve (i) persons on the SDN List; (ii) the sale, supply, or transfer of materials described in section 1245(d) of IFCA that have not been approved by the procurement channel established pursuant to paragraph 16 of UNSCR 2231 and section 6 of Annex IV of the JCPOA, in cases in which the procurement channel applies; or (iii) the sale, supply, or transfer of materials described in section 1245(d) of IFCA if the material is sold, supplied, or transferred, or resold, retransferred, or otherwise supplied directly or indirectly, for use in connection with the military or ballistic missile program of Iran (section 1245(a) of IFCA).

    E. Non-Proliferation Sanctions

    On Transition Day, the United States will seek such legislative action as may be appropriate to terminate, or modify to effectuate the termination of, the nuclear proliferation-related statutory sanctions set forth in paragraph 4.9 of Annex II of the JCPOA, including sanctions under the Iran, North Korea and Syria Nonproliferation Act on the acquisition of nuclear-related commodities and services for nuclear activities contemplated in the JCPOA, to be consistent with the U.S. approach to other non-nuclear weapon states under the Treaty on the Non-Proliferation of Nuclear Weapons. The JCPOA does not address the application of a number of generally- applicable non-proliferation statutes related to transfers of proliferation-sensitive equipment and technology, or statutes that provide for sanctions for activities that would be outside the scope of the JCPOA.

    F. Terrorism List Sanctions

    Iran remains designated as a state sponsor of terrorism under relevant laws (section 6(j) of the Export Administration Act; section 40 of the Arms Export Control Act; and section 620A of the Foreign Assistance Act), and the JCPOA does not alter that designation. A number of different sanctions laws and restrictions are keyed to this designation, including restrictions on foreign assistance (22 U.S.C. § 2371), a ban on defense exports and sales (22 U.S.C. § 2780), controls on exports of certain sensitive technology and dual-use items (50 U.S.C. App. § 2405), and various financial and other restrictions.

    Author Contact Information

    [author name scrubbed], Specialist in Foreign Policy Legislation ([email address scrubbed], [phone number scrubbed])

    Footnotes

    1.

    Also referred to as the E3/EU+3.

    2.

    U.S. Department of the Treasury. Office of Foreign Assets Control. Guidance Relating to the Provision of Certain Temporary Sanctions Relief In Order To Implement the Joint Plan of Action Reached on November 24, 2013, Between the P5+1 and the Islamic Republic of Iran, January 20, 2014. 79 F.R. 5025; January 30, 2014. See also: U.S. Department of the Treasury. Office of Foreign Assets Control. Publication of Guidance Relating to the Provision of Certain Temporary Sanctions Relief, as Extended, July 21, 2014. 79 F.R. 45233; August 4, 2014; and Guidance Relating to the Provision of Certain Temporary Sanctions Relief in Order to Implement the Joint Plan of Action Reached on November 24, 2013, Between the P5+1 and the Islamic Republic of Iran, as Extended Through June 30, 2015. 79 F.R. 73141; December 8, 2014. See, also: Department of the Treasury. Frequently Asked Questions Relating to the Temporary Sanctions Relief To Implement the Joint Plan of Action Between the P5+1 and the Islamic Republic of Iran, January 20, 2014. OFAC has also issued a number of General Licenses related to sanctions relief, all available at http://www.treasury.gov/ofac. See also Iranian Transactions and Sanctions Regulations, at 31 Code of Federal Regulations (CFR) Part 560.

    3.

    Department of State Public Notice 8985 of December 10, 2014. 79 F.R. 78550-78553; December 30, 2014. Reiterated in Department of State Public Notice 9163 of June 1, 2015. 80 F.R.32193; June 5, 2015

    4.

    The "Guidances" of June 30, 2015, July 7, 2015, and July 10, 2015, are available at the Office of Foreign Assets Control, Department of the Treasury, http://www.treasury.gov/resource-center/sanctions/Programs/Pages/iran.aspx.

    5.

    Department of the Treasury. "Statement Relating to the July 14, 2015 Announcement of a Joint Comprehensive Plan of Action Regarding the Islamic Republic of Iran's Nuclear Program."

    6.

    International Atomic Energy Agency, Board of Governors. "Verification and Monitoring in the Islamic Republic of Iran in Light of United Nations Security Council Resolution 2231 (2015): Report by the Director General," January 16, 2016. GOV/INF/2016/1.

    7.

    President Barack Obama. The White House. Executive Order 13716 of January 16, 2016. Revocation of Executive Orders 13574, 13590, 13622, and 13645 with Respect to Iran, Amendment of Executive Order 13628 with Respect to Iran, and Provision of Implementation Authorities for Aspects of Certain Statutory Sanctions. 81 Federal Register 3693.

    8.

    U.S. Department of the Treasury. U.S. Department of State. Guidance Relating to the Lifting of Certain U.S. Sanctions Pursuant to the Joint Comprehensive Plan of Action on Implementation Day. January 16, 2016.

    9.

    The 114th Congress has begun its session with hearings on Iran's activities, including U.S. Congress, Senate Committee on Foreign Relations, Implications of The Iran Nuclear Agreement For U.S. Policy In The Middle East, June 3, 2015; and House Committee on Foreign Affairs, Subcommittee on Middle East and Africa, Iran's Enduring Ballistic Missile Threat, 114th Cong., 1st sess., June 9, 2015.

    The 113th Congress held a number of hearings on the matter, including U.S. Congress, House Committee on Foreign Affairs, Joint hearing of the Subcommittee on Middle East and North Africa and Subcommittee on Terrorism, Nonproliferation, and Trade, Implementation of the Iran Nuclear Deal, 113th Cong., 2nd sess., January 28, 2014; HFAC Subcommittee on Middle East and North Africa, Examining What a Nuclear Iran Deal Means for Global Security, November 20, 2014; HFAC Subcommittee on Terrorism, Nonproliferation, and Trade, Iranian Nuclear Talks: Negotiating a Bad Deal? November 18, 2014; Senate Committee on Foreign Relations, Negotiations on Iran's Nuclear Program, February 4, 2014, Regional Implications Of A Nuclear Deal With Iran, June 12, 2014, Iran: Status of the P-5+1, July 29, 2014, and Dismantling Iran's Nuclear Weapons Program: Next Steps To Achieve A Comprehensive Deal, December 3, 2014.

    10.

    P.L. 114-17 (H.R. 1191; 129 Stat. 201).

    11.

    Section 135, Atomic Energy Act of 1954 (42 U.S.C. 2160e), as added by P.L. 114-17, does not define "statutory sanctions." The section, however, provides, for purposes of sec. 135(c), which states Congress's understanding that its enactment of a range of legislation that required the President to impose sanctions on Iran "is primarily responsible for bringing Iran to the table to negotiate on its nuclear program," that "the phrase 'action involving any measure of statutory sanctions relief by the United States' shall include waiver, suspension, reduction, or other effort to provide relief from, or otherwise limit the application of statutory sanctions with respect to, Iran under any provision of law or any other effort to refrain from applying any such sanctions."

    12.

    Section 135(b), Atomic Energy Act of 1954 (42 U.S.C. 2160e(b)), as added by P.L. 114-17. Section 135 also established a range of congressional-executive exchanges to be met concurrent with Iran implementing its side of any nuclear program agreement.

    13.

    H.R. 3662. Rachel Oswald, "House Vacates Vote on Iran Sanctions After Many Members Miss It," CQ News, January 13, 2016.

    14. Section 401(a) and (b)(1) of the Comprehensive Iran Sanctions, Accountability, and Divestment Act of 2010 (CISADA; P.L. 111-195; 22 U.S.C. 8551), as amended. Table 1shows the sanctions for which Section 401 waiver authority is applicable. 15.

    Section 40A, Arms Export Control Act (22 U.S.C. 2780) also prohibits trade in defense articles and defense services to any country the President finds "is not cooperating fully with United States antiterrorism efforts." The President may waive the prohibition if he finds it "important to the national interests" to do so. This provision requires the President to annually identify uncooperative states; Iran has been listed since the provision's enactment in 1996 (first list was issued in 1997; authority to make certifications is currently delegated to the Secretary of State). On May 11, 2015, the Secretary of State issued the latest list, which continues to designate Iran. Department of State Public Notice 9148. 80 Federal Register 30319 (May 27, 2015). See also: CRS Report R43835, State Sponsors of Acts of International Terrorism—Legislative Parameters: In Brief, by [author name scrubbed].

    16.

    These exceptions include the three categories of activity the United States has committed to license pursuant to section 5 of Annex II of the JCPOA, as well as activities that are exempt from regulation or authorized under the ITSR. See section IV above and sections J, K, and L of the JCPOA FAQs for further details.

    17.

    The United States has committed not to apply the sanctions under section 220 of the TRA with respect to the CBI or any financial institution listed in Attachment 3 to Annex II of the JCPOA.

    18.

    Section 302(b)(2) of the TRA further provides for discretionary blocking of persons determined to meet the criteria set out in section 302(a). See section VII.D.1 below.

    19.

    E.O. 13608 is not a blocking authority. However, U.S. persons are prohibited from engaging in transactions or dealings with persons sanctioned under this authority.