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1 [1] (August 2, 2017)

handle is hein.crs/govcfyx0001 and id is 1 raw text is: FF. - riE S-' $. h ,,,. , Updated August 2, 2017 Countering America's Adversaries Through Sanctions Act On August 2, 2017, President Trump signed into law H.R. 3364/P.L. 115-44, the Countering America's Adversaries Through Sanctions Act. The act establishes requirements and discretionary authorities for the President to impose sanctions on Iran, Russia, and North Korea. In signing the act, the President stated that several provisions overstep Congress's responsibilities established in the Constitution. The President identified as problematic the sections that could affect his authority to determine who gains entry into the United States (§§104, 107, 222, 224, 227, 228, 234), to recognize foreign governments (§§253, 257), or to conduct foreign policy (§§254, 257). He also noted that the congressional review procedure for Russia sanctions, established in §216, does not meet Constitutional requirements for each branch's full participation in enacting and implementing legislation (https://www.whitehouse.gov/ the-press-office/2017/08/02/statement-president-donald-j - trump-signing-hr-3364). Title I of the act addresses Iran's missile proliferation, human rights violations, international terrorism, and activities that destabilize the Middle East. A key question is how the provisions of the act comport with U.S. sanctions relief requirements of the July 2015 multilateral nuclear agreement, the Joint Comprehensive Plan of Action (JCPOA). According to that agreement, sanctions lifted to implement the JCPOA-affecting Iran's civilian economy, such as its energy, banking, shipping, manufacturing, and other sectors-are not to be reimposed. The act's Iran- related provisions mandate sanctions already established in executive orders (EOs) that address proliferation, terrorism, and human rights issues and do not appear to reimpose U.S. sanctions that were suspended to implement the JCPOA. The main operative provisions * require imposition of penalties similar to those in EO 13382 (weapons proliferation) on entities determined by the Administration to be assisting Iran's ballistic missile program (§104). * require imposition of sanctions contained in EO 13224 (terrorism) on the Iranian Revolutionary Guard Corps (IRGC), its officials, agents, and affiliates. Currently, the IRGC as a whole is sanctioned under several other EOs, including EO 13382 (proliferation), but not under EO 13224. The IRGC's Qods Force, which supports pro-Iranian governments and factions throughout the Middle East, is designated under EO 13224 (§ 105). * authorize, but do not require, sanctions (such as those in EO 13553 on human rights abusers) on persons responsible for extrajudicial killings, torture, or other gross violations of internationally recognized human rights in Iran. The section has the effect of expanding the authority of EO 13553, which generally refers to human rights abuses against Iranians in connection specifically with the 2009 uprising in Iran (§106). require sanctions (those in EO 13382) on entities that sell weapons to Iran. The weapons systems specified are the same as those that U.N. Security Council Resolution 2231 generally prohibits for sale to Iran. The provision appears to expand the definition of prohibited weapons sales to Iran beyond those in current law, such as the Iran-Iraq Arms Nonproliferation Act, which imposes sanctions on those who trade in destabilizing numbers and types of conventional weapons (§ 107). * require review of designated entities to assess if such entities contribute to Iran's ballistic missile program or to Iranian support for international terrorism. No entities to be delisted by the United States in October 2023, under the JCPOA, appear to fall into these categories; thus the requirement would not appear to preclude delisting any entities as required to implement the JCPOA by October 2023 (§ 108). (2c~untrhkg Rus ',Influence in Euok'- Title II strengthens Ukraine- and cyber-related sanctions on Russia, currently established in executive orders. It requires the President to impose sanctions in areas that are currently left to his discretion for activities discussed below, and establishes a mechanism for Congress to review any action the President takes to ease or lift sanctions. The act makes permanent Ukraine-related sanctions provided for in four EOs from 2014 (EOs 13660, 13661, 13662, 13685) unless certain conditions are met and Congress reviews any proposed changes (§222). The act also makes permanent cyber-related sanctions provided for in EO 13694 related to malicious cyber-enabled activities, as amended by EO 13757, which expands the scope of the original order to include election-related activities (§222). The act strengthens sectoral sanctions provided for in EO 13662 to prohibit persons under U.S. jurisdiction from providing goods, services, and technology in support of exploration or production for deepwater, Arctic offshore, and shale oil projects in Russian territory to such projects worldwide that involve any designated persons that have an ownership interest of not less than 33 percent (§223). The act restricts new lending to designated financial institutions to a maturity of up to 14 days (down from 30 days) and to designated energy companies to a maturity of no more than 60 days (down from 90 days) (§223). N.: z:O&X:2$' ~.Ct fl:OC~qK~'$ - , gmmw' ggmm , q rq\\ 'S a X 11LULANJILiN,

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