On May 8, 2018, President Donald Trump signed National Security Presidential Memorandum 11, "ceasing U.S. participation in the JCPOA [Joint Comprehensive Plan of Action] and taking additional action to counter Iran's malign influence and deny Iran all paths to a nuclear weapon." The action set in motion a reestablishment of U.S. unilateral economic sanctions that affect U.S. businesses and include secondary sanctions that target the commerce originating in other countries that engage in trade with and investment in Iran.
U.S.-Iran bilateral relations continued to deteriorate from this juncture, until, on January 2, 2020, the United States killed by drone strike in Iraq Qasem Soleimani, Islamic Revolutionary Guard Corps-Qods Force Commander. Both the United States and Iran threatened a rapid escalation in both economic and kinetic war options.
On January 10, 2020, the President, as promised in the immediate aftermath of the U.S. drone strike, announced new sanctions to curtail international trade, transactions, and financing in Iran's construction, mining, manufacturing, and textile sectors. The Secretary of the Treasury, in addition, announced that eight "senior Iranian regime officials who have advanced the regime's destabilizing objectives" were made subject to sanctions, and 17 Iranian metals producers, mining companies, and three partners in China and the Seychelles that facilitated trade in Iran's metal products were also now designated for economic restrictions.
Prior to this juncture, the United States had 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. The United States' abrogation of its participation in the JCPOA sets the United States apart from its allies and partners in what had been for more than a decade a unified, multilateral approach to Iran's malign activities.
This report identifies the basis in U.S. law 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 RL34544, Iran's Nuclear Program: Status, by Paul K. Kerr; CRS Report RL32048, Iran: Internal Politics and U.S. Policy and Options, by Kenneth Katzman; CRS Report R45795, U.S.-Iran Conflict and Implications for U.S. Policy, by Kenneth Katzman, Kathleen J. McInnis, and Clayton Thomas; and CRS Report R46148, U.S. Killing of Qasem Soleimani: Frequently Asked Questions, coordinated by Clayton Thomas.
On January 2, 2020, the United States killed by drone strike in Iraq Qasem Soleimani, Islamic Revolutionary Guard Corps-Qods Force Commander. Both the United States and Iran threatened a rapid escalation in both economic and kinetic war options.1
On January 10, 2020, the President, as promised in the immediate aftermath of the U.S. drone strike, announced new sanctions to curtail international trade, transactions, and financing in Iran's construction, mining, manufacturing, and textile sectors.2 The Secretary of the Treasury, in addition, announced that eight "senior Iranian regime officials who have advanced the regime's destabilizing objectives" were made subject to sanctions, and 17 Iranian metals producers, mining companies, and three partners in China and the Seychelles that facilitated trade in Iran's metal products are also now designated for economic restrictions.3
In the coming days and weeks, it is possible that the Department of the Treasury will designate additional entities and individuals, particularly under the newest executive order of January 10.
On May 8, 2018, President Donald Trump announced that the United States was ending its participation in the Joint Comprehensive Plan of Action (JCPOA).4 The JCPOA is an agreement signed on July 14, 2015, by the United States, Russia, China, France, Britain (all permanent members of the U.N. Security Council), Germany (P5+1),5 and Iran, to 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 (see text box, below).6 The President's decision set in motion a restoring of U.S. unilateral economic sanctions that affect U.S. businesses and include secondary sanctions that target commerce originating in other countries that engage in trade with and investment in Iran. The Secretaries of the Treasury and State were required to take appropriate steps to reimpose as quickly as possible, but not later than 180 days (November 4, 2018), the U.S. sanctions that were waived or lifted in implementing the United States' part of the JCPOA. In addition, the Secretary of Defense was tasked with preparing "to meet, swiftly and decisively, all possible modes of Iranian aggression against the United States, our allies, and our partners. The Department of Defense shall ensure that the United States develops and retains the means to stop Iran from developing or acquiring a nuclear weapon and related delivery systems."7
The Department of the Treasury's Office of Foreign Assets Control (OFAC) issued a new set of Frequently Asked Questions shortly after the President's announcement to explain how the United States intended to reestablish the sanctions regime.8 The State Department also reported to Congress a set of waiver revocations, determinations, certifications, and findings to establish, in effect, a timeline for the reimposition of sanctions on certain Iranians and those who engage in business with and investment in Iran.9
The Trump Administration reestablished the United States' sanctions regime in a wave of announcements, including the following:
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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 U.N. 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 summarized the key markers relating to sanctions as follows:
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 regime of economic sanctions against Iran, at its height beginning in 2012, was arguably the most complex the United States and the international community had 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 dating back to 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 and missile 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.
Congress remains seized of the matter of Iran's illicit activities, particularly monitoring Iran's reported activities related to military power, international terrorism, terrorism financing, illicit cyber activities, and ballistic missile research and development. Substantive reports required of the administration include the following:
The ability to impose or ease economic sanctions with some nimbleness and responsiveness to changing events is key to effective use of 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.
The President has the authority to impose a wide range of economic sanctions under the National Emergencies Act (NEA) and the International Emergency Economic Powers Act (IEEPA)—the authority on which sanctions-initiating executive orders are most often based.18 Using these statutes, the President maintains that Iran poses an "unusual and extraordinary threat, which has its source in whole or substantial part outside the United States, to the national security, foreign policy, or economy of the United States…."19 On March 15, 1995, President William Clinton declared that Iran's proliferation activities posed a threat to the United States that constituted a national emergency; this declaration has been renewed annually since 1995, as required by statute, and is the basis for subsequent executive orders that have expanded restrictions on economic relations with Iran.20 President Trump cited the 1995 national emergency as the legal basis when he signed Executive Order 13846 of August 6, 2018, to reimpose sanctions after ending U.S. participation in the JCPOA.21
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.),22 Congress grants to the President the authority to terminate most of the sanctions imposed on Iran in that act as well as those provided for in 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, as amended—
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.—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.
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 §6(j) of the Export Administration Act of 1979.23 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 §1754(c), Export Controls Act of 2018 [50 U.S.C. 4813(c)]) form the "terrorist list."24 Because these statutes are not Iran-specific, they are not included in Table 1.
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 that
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 that
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, for North Korea, Libya, and Cuba—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.
The 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.
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, International Religious Freedom Act of 1998, 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 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.
Table 1. Iran—Economic Sanctions Currently Imposed in Furtherance of U.S. Foreign Policy or National Security Objectives
(generally in order of enactment)
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Statutory Basis |
Rationale |
Restriction |
Authority To Impose |
Authority To Lift or Waive |
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FOREIGN AID: AUTHORIZATION AND APPROPRIATIONS |
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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 that, 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. |
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Sec. 7007, Foreign Operations Appropriations (Div. G, P.L. 116-94) |
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. |
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Sec. 7015(f), Foreign Operations Appropriations (Div. G, P.L. 116-94 |
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. |
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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) |
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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). |
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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) |
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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. |
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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). |
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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). |
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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). |
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IRAN SANCTIONS ACT OF 1996 (ISA 1996) (P.L. 104-172; 50 U.S.C. 1701 note; as amended; Act sunsets effective December 31, 2026 (Sec. 13(b)) |
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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 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)). |
Waivers issued pursuant to Sec. 4(c)(1)(A) are revoked, effective May 8, 2018. Sanctions imposed under Sec. 5(a) are reimposed but subject to a 90-day wind-down waiver, effective May 8, 2018. 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)). |
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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)). |
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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)). |
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IRAN, NORTH KOREA, AND SYRIA NONPROLIFERATION ACT (INKSNA) (P.L. 106-178; 50 U.S.C. 1701 note; as amended) |
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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 discretion, be: —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 not to 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)). |
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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 seq.; as amended) |
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Sec. 906 (22 U.S.C. 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 |
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. |
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Sec. 908 (22 U.S.C. 7207) |
Anti-terrorism |
Prohibits U.S. assistance—foreign aid, export assistance, credits, guarantees—for commercial exports to Iran. |
Statutory requirement |
President may waive if "it is in the national security interest of the United States to do so, or for humanitarian reasons." |
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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)) |
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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" votes are based on the Secretary of State's annual review of IAEA programs and determinations. |
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IRAN FREEDOM SUPPORT ACT (IFSA) (P.L. 109-293; 50 U.S.C. 1701 note) |
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Sec. 101 |
Democracy promotion General foreign policy reasons |
Makes permanent the restrictions the President imposed under IEEPA/NEA authorities in Executive Order 12957, which: —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; 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. |
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COMPREHENSIVE IRAN SANCTIONS, ACCOUNTABILITY, AND DIVESTMENT ACT OF 2010 (CISADA) (P.L. 111-195; 22 U.S.C. 8501 et seq.; as amended) |
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Sec. 103(b)(1) and (2) (22 U.S.C. 8512) |
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 |
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 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)). |
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Sec. 103(b)(3) (22 U.S.C. 8512) |
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. 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)). |
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Sec. 104(c) (22 U.S.C. 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. |
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). |
|
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. 8513b) |
Anti-money laundering Anti-terrorism (financing) Nonproliferation |
Expands restriction established in Sec. 104 (above) to apply also 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) (Sec. 1245 of P.L. 112-81; 22 U.S.C. 8513a; as amended) |
||||
|
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 IEEPA-based sanctions. |
Statutory requirement |
Waivers issued pursuant to Sec. 1245(d)(5) are revoked, effective May 8, 2018. Department of the Treasury issued a final rule imposing the Fifth Special Measure (31 U.S.C. 5318A) against Iran as a jurisdiction of primary money laundering concern, effective November 14, 2019 (84 F.R. 59302). 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)). |
|
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) |
Nonproliferation Anti-terrorism |
President imposes IEEPA-based sanctions on any 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 proliferation activities. |
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 |
Waivers issued pursuant to Sec. 212(d)(1) are revoked, effective May 8, 2018. 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 |
Waivers issued pursuant to Sec. 213(b)(1) are revoked, effective May 8, 2018. 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. 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. |
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 |
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 identify publicly 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 is 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). |
|
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 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. |
|
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. |
Statutory requirement |
Waivers issued pursuant to Sec. 1244(i) are revoked, effective May 8, 2018. Humanitarian-related transactions are exempt. 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 exempt. President may waive for 180 days if he finds it "vital to the national security of the United States" to do so. |
|
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 |
Waivers issued pursuant to Sec. 1245(g) are revoked, effective May 8, 2018. 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. |
|
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 |
Waivers issued pursuant to Sec. 1246(e) are revoked, effective May 8, 2018. Humanitarian-related transactions are exempt. 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. |
|
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 |
Waivers issued pursuant to Sec. 1247(f) are revoked, effective May 8, 2018. Humanitarian-related transactions are exempt. 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. |
|
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). |
|
COUNTERING IRAN'S DESTABILIZING ACTIVITIES ACT OF 2017 (Title I of the Countering America's Adversaries Through Sanctions Act (CAATSA); P.L. 115-44; 22 U.S.C. 9401 et seq.) |
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|
Sec. 104 (22 U.S.C. 9403) |
Nonproliferation (ballistic missiles) |
Requires President to impose IEEPA-based sanctions and deny visas for those who engage in activities that materially contribute to Iran's ballistic missile program. |
Statutory requirement |
Sec. 112 provides the President the authority to waive for 180 days, case-by-case, if he finds it vital to U.S. national security interests to do so. Determination may be renewed in additional 180-day increments with congressional notification. Also constructed in context of E.O. 13382. |
|
Sec. 105 (22 U.S.C. 9404) |
Terrorism |
Requires President to impose IEEPA-based sanctions with respect to IRGC and foreign affiliates. |
Statutory requirement |
Sec. 112 provides the President the authority to waive for 180 days, case-by-case, if he finds it vital to U.S. national security interests to do so. Determination may be renewed in additional 180-day increments with congressional notification. Also constructed in context of E.O. 13224. |
|
Sec. 106 (22 U.S.C. 9405) |
Human rights |
Authorizes the President to impose IEEPA-based sanctions on those identified by the Secretary of State as "responsible for extrajudicial killings, torture, or other gross violations of internationally recognized human rights" against Iranians who are whistleblowers against state corruption, human rights violations, or civil liberties violations. |
Discretion of the President |
Sec. 112 provides the President the authority to waive for 180 days, case-by-case, if he finds it vital to U.S. national security interests to do so. Determination may be renewed in additional 180-day increments with congressional notification. |
|
Sec. 107 (22 U.S.C. 9406) |
Nonproliferation |
Requires the President to impose IEEPA-based sanctions on those he finds to engage in arms trade with Iran. |
Statutory requirement |
Sec. 107(d) authorizes the President to waive if in U.S. national security interest; Iran is no longer a national security threat; and Iran no longer "satisfies the requirements for designation as a state sponsor of terrorism." In addition, sec. 112 provides the President the authority to waive for 180 days, case-by-case, if he finds it vital to U.S. national security interests to do so. Determination may be renewed in additional 180-day increments with congressional notification. |
|
Sec. 108 (22 U.S.C. 9407) |
Nonproliferation Terrorism |
Requires the President to review, 5 years after enactment, all Iran-related SDN to determine their role in ballistic missile proliferation or terrorism. |
Statutory requirement |
Sec. 112 provides the President the authority to waive for 180 days, case-by-case, if he finds it vital to U.S. national security interests to do so. Determination may be renewed in additional 180-day increments with congressional notification. |
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.
Table 2. Executive Orders Issued to Meet Statutory Requirements to Impose Economic Sanctions on Iran
|
Executive Order |
Underlying Statute |
Restriction |
Authority To Lift or Waive |
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|
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. |
President The President most recently continued the national emergency declared in E.O. 12170 in a notice of November 12, 2019 (84 F.R. 61815). |
||||||
|
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. Secretaries of State, Commerce, Defense, and the Treasury administer. |
President |
||||||
|
E.O. 12957 (March 15, 1995) |
IEEPA / NEA |
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 most recently continued the national emergency declared in E.O. 12957 in a notice of March 12, 2019 (84 F.R. 9219). |
||||||
|
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 |
||||||
|
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. 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. |
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|
E.O. 13694 (April 1, 2015) as amended by E.O. 13757 (December 28, 2016) |
IEEPA / NEA |
Authorizes the Secretary of the Treasury, in consultation with the Attorney General and the Secretary of State, to block property and interests in property of those found to have engaged in "cyber-enabled activities originating from ... outside the United States" that have affected a critical infrastructure sector, computers or networks, financial information, trade secrets, personal identifiers, or election processes, among other targets. |
President. |
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|
E.O. 13846 (August 6, 2018) |
IEEPA / NEA ISA'96 CISADA ITRSHRA IFCA INA |
Implements President Trump's decision to have the United States cease participation in the JCPOA. Reimposes all sanctions waived under that agreement:
|
President. |
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E.O. 13871 (May 8, 2019) |
IEEPA / NEA INA IFCA |
Blocks assets and transactions related to trade in Iran's iron, steel, aluminum, or copper sectors |
President. |
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E.O. 13876 (June 24, 2019) |
IEEPA / NEA INA |
Blocks assets of and transactions with the Supreme Leader and his office, and in addition any person appointed by the Supreme Leader to an official position, any official, or affiliates. |
President. |
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E.O. 13902 (January 10, 2020) |
IEEPA / NEA INA |
Blocks assets of and transactions with those designated as operating in Iran's construction, mining, manufacturing, or textiles sectors, "or any other sector of the Iranian economy as may be determined by the Secretary of the Treasury, in consultation with the Secretary of State…." |
President. |
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Presidential Proclamation 9645a (September 24, 2017) |
INA |
Suspends entry into the United States of persons from a number of foreign countries, including Iran. [Based on E.O. 13780, March 6, 2017] |
Commissioner, U.S. Customs and Border Protection may issue visas on a case-by-case basis. Secretary of Homeland Security, in consultation with Secretary of State, may devise "a process to assess whether any suspensions and limitations ... should be continued, terminated, modified, or supplemented." |
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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.
a. The U.S. Supreme Court, on June 26, 2018, ruled that Presidential Proclamation 9645, restricting entry into the United States from certain countries, was lawful. https://travel.state.gov/content/travel/en/us-visas/visa-information-resources/presidential-proclamation-archive/june_26_supreme_court_decision_on_presidential_proclamation9645.html
Author Contact Information
| 1. |
For details, see CRS Report R46148, U.S. Killing of Qasem Soleimani: Frequently Asked Questions, coordinated by Clayton Thomas; and CRS Report R45795, U.S.-Iran Conflict and Implications for U.S. Policy, by Kenneth Katzman, Kathleen J. McInnis, and Clayton Thomas. |
| 2. |
Executive Order 13902 of January 10, 2020, 85 F.R. 2003, https://www.treasury.gov/resource-center/sanctions/Programs/Documents/13902.pdf. |
| 3. |
U.S. Department of the Treasury. "Treasury Targets Iran's Billion Dollar Metals Industry and Senior Regime Officials," press release, January 10, 2020. |
| 4. |
White House press release. "NSPM-11—Ceasing U.S. Participation in the JCPOA and Taking Additional Action to Counter Iran's Malign Influence and Deny Iran All Paths to a Nuclear Weapon," May 8, 2018. |
| 5. |
Also referred to as the E3/EU+3. |
| 6. |
Implementing interim versions of the 2015 agreement—primarily the Joint Plan of Action Reached on November 24, 2013, and related extensions—generated sanctions guidance including 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. |
| 7. |
NSPM-11, section 4. |
| 8. |
Department of the Treasury. Office of Foreign Assets Control. Frequently Asked Questions Regarding the Re-Imposition of Sanctions Pursuant to the May 8, 2018 National Security Presidential Memorandum Relating to the Joint Comprehensive Plan of Action (JCPOA). https://www.treasury.gov/resource-center/sanctions/Programs/Documents/jcpoa_winddown_faqs.pdf. |
| 9. |
Department of State. Report to Congress: Waiver of Certain Sanctions to Provide for a Wind-Down Period for Sanctions Relief Previously Provided Consistent with the Joint Comprehensive Plan of Action; and Waiver Revocations, Determinations, Certifications, and Findings. May 8, 2018. |
| 10. |
31 C.F.R. Part 560, as amended effective June 27, 2018, 83 F.R. 30335. |
| 11. |
OFAC has issued some dozen General Licenses (GL) to allow for limited transactions with Iranian persons and entities ranging across engagement with international organizations, civil aircraft safety, educational services, sports activities, nongovernmental organizations activities in Iran, personal communications, trade in food and medicine, commercial use of the internet, and the transportation of human remains. The licenses were revoked on June 27, 2018. |
| 12. |
Executive Order 13846 of August 6, 2018, 83 F.R. 38939; and 31 C.F.R. Part 560, as amended effective November 5, 2018, 83 F.R. 55269. |
| 13. |
https://www.treasury.gov/resource-center/sanctions/OFAC-Enforcement/Pages/20181105_names.aspx. |
| 14. |
Executive Order 13871 of May 8, 2019, 84 F.R. 20761; 31 C.F.R. Part 561 as amended; and 31 C.F.R. Part 562, as amended. |
| 15. |
Executive Order 13876 of June 24, 2019, 84 F.R. 30573. |
| 16. |
Department of the Treasury. Financial Crimes Enforcement Network. 31 C.F. R. Part 1010. Imposition of Fifth Special Measure Against the Islamic Republic of Iran as a Jurisdiction of Primary Money Laundering Concern. 84 F.R. 59302. See also the initial determination of November 28, 2011, at 76 F.R. 72878. |
| 17. |
Section 7041(b)(2)(B) of the Department of State, Foreign Operations and Related Programs Appropriations Act, 2020 (Division G, P.L. 116-94; December 20, 2019) requires the similar report, required by Section 135(d)(4) of the Atomic Energy Act of 1954 (42 U.S.C. 2160e(d)(4)), to be submitted semiannually to the Committees on Appropriations. This provision has been repeated in annual appropriations measures. |
| 18. |
National Emergencies Act, P.L. 94-412; 50 U.S.C. 1601 et seq.; and International Emergency Economic Powers Act, P.L. 95-223; 50 U.S.C. 1701 et seq. |
| 19. |
IEEPA, §202(a); 50 U.S.C. 1701(a). |
| 20. |
Executive Order 12957 of March 15, 1995; 60 F.R. 14615. An earlier order, relating to the taking of hostages at the American Embassy in Tehran in 1979, also remains active and is based on a separate announcement that a national emergency exists. Executive Order 12170 of November 14, 1979; 44 F.R. 65729. Most recently, the President continued the national emergency declared in Executive Order 12957 with a notice of March 12, 2019; 84 F.R. 9219; and extended the national emergency declared in Executive Order 12170 with a notice of November 12, 2019; 84 F.R. 61815. |
| 21. |
Executive Order 13846 of August 6, 2018; 83 F.R. 38939. |
| 22. |
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. |
| 23. |
The Export Controls Act of 2018 (ECA'18; part I, subtitle B, title XVII, of the John S. McCain National Defense Authorization Act for Fiscal Year 2019; P.L. 115-232) repealed all but three sections of the Export Administration Act of 1979 (EAA'79), including §6(j) relating to designating a foreign government as a sponsor of acts of international terrorism. Section 1768, ECA'18 (50 U.S.C. 4826) continued under §1754(c), ECA'18, any designation or related determination, delegation, rule, regulation, license, or order made under §6(j), EAA'79. In addition, §1768, ECA'18, provides that any reference elsewhere in law to §6(j), EAA'79, shall be deemed to be a reference to §1754(c), ECA'18. |
| 24. |
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 5, 2018, the Secretary of State issued the latest list, which continues to designate Iran. Department of State Public Notice 10428. 83 F.R. 23988; May 23, 2018. See also CRS Report R43835, State Sponsors of Acts of International Terrorism—Legislative Parameters: In Brief, by Dianne E. Rennack. |