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1 1 (March 4, 2024)

handle is hein.crs/goveomw0001 and id is 1 raw text is: Con gressionol Research Service Informing the IegisIative debate since 1914 Updated March 4, 2024 U.S. Sanctions: Overview for the 118th Congress U.S. Sanctions and Authorites U.S. sanctions in furtherance of foreign policy or national security objectives are coercive economic or diplomatic measures taken against a target to bring about a change in behavior. In U.S. foreign policy and national security, sanctions can include trade embargoes; restrictions on exports or imports; restrictions or outright denial of foreign assistance, loans, or investments; blocking of foreign assets under U.S. jurisdiction; prohibition on economic transactions that involve U.S. citizens or businesses; and denial of entry into the United States. Secondary sanctions are sometimes used to put additional pressure on the sanctions target. They seek to deter third parties from engaging in activities with the primary target in order to further restrict the availability of revenue that might be used to advance malign intentions or evade sanctions altogether. The Role of the President Most U.S. sanctions imposed for foreign policy or national security reasons are based on national emergency authorities. The President holds substantial decisionmaking authority when sanctions are used in U.S. foreign policy. If the sanctions are to be a part of a policy already identified by Congress in legislation, the President is to follow the requirements of the relevant legislation. Thus, for example, sanctions imposed on Russia relating to its invasion of Ukraine, the death of Sergei Magnitsky, government corruption, weapons proliferation, weapons trade with Syria, election interference, or its relationship with North Korea are based on legislative requirements. It remains, however, the executive branch's responsibility to make each determination under law that forms the Russia sanctions program. The President may also act as a sole decisionmaker by determining that a situation 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. In this process, the President declares that a national emergency exists, as provided for in the National Emergencies Act (50 U.S.C. §§1601 et seq.), submits that declaration to Congress, and publishes it in the Federal Register to establish a public record. Under this national emergency, the President further invokes the authorities granted to his office in the International Emergency Economic Powers Act (50 U.S.C. §§1701 et seq.) to identify for whom U.S.-based assets are to be blocked or for whom transactions are to be limited or prohibited. The Role of the Executive Branch In the executive branch, the responsibility to administer sanctions resides throughout agencies and departments, but primarily with the Departments of State, the Treasury, and Commerce: * State manages arms sales, diplomatic relations, visas, military aid, and foreign aid; * Treasury regulates transactions, access to U.S.-based assets, use of the U.S. dollar and U.S. banking system, and the U.S. voice and vote in the international financial institutions; and * Commerce oversees export licensing and implements controls coordinated with partner countries. Other agencies have a role particular to their own missions. The Department of Justice prosecutes violations of sanctions and export laws. The Department of Homeland Security oversees customs affecting importation and immigration. Both Justice and Homeland Security can offer counsel on visas and entry into the United States. The Department of Energy oversees international nuclear agreement obligations. The Role of Congress Congress has a role in defining the objectives for which sanctions are applied. As part of this responsibility, Congress enacts legislation to authorize, or in some instances to require, the President to take action to address foreign policy and national security concerns. Congress has, for example, taken the lead in writing into legislation the authority or requirement for the President or executive branch to use sanctions to address military coups d'dtat, weapons proliferation, international terrorism, illicit narcotics trafficking, human rights abuses (including trafficking in persons or foreign states' failure to uphold religious freedom), regional instability, cyber insecurity, corruption and money laundering, and events rising from specific regions or countries. Even when Congress authorizes the President to use sanctions, it often refers back to the national emergency framework for implementation. Sanctions Regies in 2024 The United States maintains an array of sanctions against foreign governments, entities, and individuals, including * countries whose governments are found to be the source of certain U.S. national security and foreign policy threats, such as supporters of acts of international terrorism (Cuba, Iran, North Korea, Syria); * individuals (including political and military leaders), entities (including political groups and government entities), or sectors in certain countries or regions found to engage in human rights abuses, corruption, the undermining of democratic processes, terrorism, activities that threaten peace and security, or a wide range of other illicit activity (e.g., Afghanistan, Belarus, Burma, Central African Republic, China, Cuba, Democratic Republic of the Congo, Ethiopia, Iran, Iraq,

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