§ 287c. — Economic and communication sanctions pursuant to United Nations Security Council Resolution.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 22USC287c]
TITLE 22--FOREIGN RELATIONS AND INTERCOURSE
CHAPTER 7--INTERNATIONAL BUREAUS, CONGRESSES, ETC.
SUBCHAPTER XVI--UNITED NATIONS ORGANIZATION
Sec. 287c. Economic and communication sanctions pursuant to
United Nations Security Council Resolution
(a) Enforcement measures; importation of Rhodesian chromium
Notwithstanding the provisions of any other law, whenever the United
States is called upon by the Security Council to apply measures which
said Council has decided, pursuant to article 41 of said Charter, are to
be employed to give effect to its decisions under said Charter, the
President may, to the extent necessary to apply such measures, through
any agency which he may designate, and under such orders, rules, and
regulations as may be prescribed by him, investigate, regulate, or
prohibit, in whole or in part, economic relations or rail, sea, air,
postal, telegraphic, radio, and other means of communication between any
foreign country or any national thereof or any person therein and the
United States or any person subject to the jurisdiction thereof, or
involving any property subject to the jurisdiction of the United States.
Any Executive order which is issued under this subsection and which
applies measures against Southern Rhodesia pursuant to any United
Nations Security Council Resolution may be enforced, notwithstanding the
provisions of any other law. The President may exempt from such
Executive order any shipment of chromium in any form which is in transit
to the United States on March 18, 1977.
(b) Penalties
Any person who willfully violates or evades or attempts to violate
or evade any order, rule, or regulation issued by the President pursuant
to subsection (a) of this section shall, upon conviction, be find \1\
not more than $10,000 or, if a natural person, be imprisoned for not
more than ten years, or both; and the officer, director, or agent of any
corporation who knowingly participates in such violation or evasion
shall be punished by a like fine, imprisonment, or both, and any
property, funds, securities, papers, or other articles or documents, or
any vessel, together with her tackle, apparel, furniture, and equipment,
or vehicle, or aircraft, concerned in such violation shall be forfeited
to the United States.
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\1\ So in original. Probably should be ``fined''.
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(c) Steel mill products containing chromium; certificate of origin;
regulations; subpenas; certificate exemption; release from
customs custody; definitions
(1) During the period in which measures are applied against Southern
Rhodesia under subsection (a) of this section pursuant to any United
Nations Security Council Resolution, a shipment of any steel mill
product (as such product may be defined by the Secretary) containing
chromium in any form may not be released from customs custody for entry
into the United States if--
(A) a certificate of origin with respect to such shipment has
not been filed with the Secretary; or
(B) in the case of a shipment with respect to which a
certificate of origin has been filed with the Secretary, the
Secretary determines that the information contained in such
certificate does not adequately establish that the steel mill
product in such shipment does not contain chromium in any form which
is of Southern Rhodesian origin;
unless such release is authorized by the Secretary under paragraph
(3)(B) or (C).
(2) The Secretary shall prescribe regulations for carrying out this
subsection.
(3)(A) In carrying out this subsection, the Secretary may issue
subpenas requiring the attendance and testimony of witnesses and the
production of evidence. Any such subpena may, upon application by the
Secretary, be enforced in a civil action in an appropriate United States
district court.
(B) The Secretary may exempt from the certification requirements of
this subsection any shipment of a steel mill product containing chromium
in any form which is in transit to the United States on March 18, 1977.
(C) Under such circumstances as he deems appropriate, the Secretary
may release from customs custody for entry into the United States, under
such bond as he may require, any shipment of a steel mill product
containing chromium in any form.
(4) As used in this subsection--
(A) the term ``certificate of origin'' means such certificate as
the Secretary may require, with respect to a shipment of any steel
mill product containing chromium in any form, issued by the
government (or by a designee of such government if the Secretary is
satisfied that such designee is the highest available certifying
authority) of the country in which such steel mill product was
produced certifying that the steel mill product in such shipment
contains no chromium in any form which is of Southern Rhodesian
origin; and
(B) the term ``Secretary'' means the Secretary of the Treasury.
(Dec. 20, 1945, ch. 583, Sec. 5, 59 Stat. 620; Oct. 10, 1949, ch. 660,
Sec. 3, 63 Stat. 735; Pub. L. 95-12, Sec. 1, Mar. 18, 1977, 91 Stat.
22.)
References in Text
Article 41 of said Charter, referred to in subsec. (a), is an
article of the United Nations Charter.
Amendments
1977--Subsec. (a). Pub. L. 95-12, Sec. 1(1), inserted provision
permitting enforcement of any Executive order, issued under this
subsection, applying measures against Southern Rhodesia and permitting
Presidential exemption from that Executive order of any shipment of
chromium in transit to the United States on Mar. 18, 1977.
Subsec. (c). Pub. L. 95-12, Sec. 1(2), added subsec. (c).
1949--Subsec. (b). Act Oct. 10, 1949, made aircraft subject to
forfeiture.
Delegation of Authority
Authority of President under this section with respect to blocked
funds and other assets of Iraqi Government delegated to Secretary of the
Treasury by section 1 of Ex. Ord. No. 12817, Oct. 21, 1992, 57 F.R.
48433, set out as a note under section 1701 of Title 50, War and
National Defense.
Importation of Strategic and Critical Materials From Zimbabwe-Rhodesia
Pub. L. 96-107, title VIII, Sec. 818, Nov. 9, 1979, 93 Stat. 818,
provided that: ``It is the sense of the Congress that the United States
should have unlimited access to strategic and critical materials which
are vital to the defense and security of the United States and that
every effort should be made to remove artificial impediments against the
importation of such materials into the United States from Zimbabwe-
Rhodesia.''
Sanctions Against Zimbabwe-Rhodesia; Report to Congress
Pub. L. 96-60, title IV, Sec. 408, Aug. 15, 1979, 93 Stat. 405,
provided for termination of sanctions against Zimbabwe-Rhodesia by Nov.
15, 1979, unless the President determined and reported to Congress that
termination of sanctions would not be in the national interest, with
provision authorizing Congress to reject such Presidential
determination, prior to repeal by Pub. L. 97-241, title V,
Sec. 505(a)(1), Aug. 24, 1982, 96 Stat. 298.
Determinations Respecting Future Enforcement of Sanctions Against
Rhodesia
Pub. L. 95-384, Sec. 27, Sept. 26, 1978, 92 Stat. 746, which related
to enforcement of sanctions against Rhodesia, was repealed by Pub. L.
97-113, title VII, Sec. 734(a)(12), Dec. 29, 1981, 95 Stat. 1560.
Suspension of Amendment Operation by President; Report to Congress
Section 2 of Pub. L. 95-12 provided that:
``(a) Upon the enactment of this Act [Mar. 18, 1977], the President
may suspend the operation of the amendments contained in this Act
[amending this section] if he determines that such suspension would
encourage meaningful negotiations and further the peaceful transfer of
governing power from minority rule to majority rule in Southern
Rhodesia. Such suspension shall remain in effect for such duration as
deemed necessary by the President.
``(b) If the President suspends the operation of the amendments
contained in this Act [amending this section], he shall so report to the
Congress. In addition, the President shall report to the Congress when
he terminates such suspension.
``(c) If the President suspends the operation of the amendments
contained in this Act [amending this section], any reference in those
amendments to date of enactment [Mar. 18, 1977] shall be deemed to be a
reference to the date on which such suspension is terminated by the
President.''
Executive Order No. 11322
Ex. Ord. No. 11322, Jan. 5, 1967, 32 F.R. 119, which related to
transactions involving Southern Rhodesia, was revoked by Ex. Ord. No.
12183, Dec. 16, 1979, 44 F.R. 74787, set out below.
Executive Order No. 11419
Ex. Ord. No. 11419, July 29, 1968, 33 F.R. 10837, which related to
trade and other transactions involving Southern Rhodesia, was revoked by
Ex. Ord. No. 12183, Dec. 16, 1979, 44 F.R. 74787, set out below.
Ex. Ord. No. 12183. Revoking Rhodesian Sanctions
Ex. Ord. No. 12183, Dec. 16, 1979, 44 F.R. 74787, provided:
By the authority vested in me as President by the Constitution and
statutes of the United States of America, including Section 5 of the
United Nations Participation Act of 1945, as amended (22 U.S.C. 287c),
and in order to terminate current limitations relating to trade and
other transactions involving Zimbabwe-Rhodesia, it is hereby ordered as
follows:
1-101. (a) Subject to the provisions of this order, the following
are hereby revoked with respect to transactions occurring after the
effective date of this order:
(1) Executive Order 11322 of January 5, 1967 (32 F.R. 119);
(2) Executive Order 11419 of July 29, 1968 (33 F.R. 10837); and
(3) Executive Order 11978 of March 18, 1977 (42 F.R. 15403).
(b) To the extent consistent with this order, all determinations,
authorizations, regulations, rulings, certificates, orders, directives,
licenses, contracts, agreements, and other actions made, issued, taken,
or entered into under the provisions of such Executive orders and not
previously revoked, superseded, or otherwise made inapplicable, shall
continue in full force and effect until amended, modified, or terminated
by appropriate authority.
1-102. (a) The Secretaries of State, the Treasury, Commerce, and
Transportation, and the heads of other government agencies, shall retain
the authority and responsibility for the enforcement of Executive Orders
11322, 11419, and 11978 with respect to transactions occurring prior to
the effective date of this order.
(b) The revocation, in Section 1-101 of this order, of such prior
Executive orders shall not affect:
(1) any act done or omitted to be done or any suit or proceeding
finished or started in civil or criminal cases prior to the revocation,
but all such liabilities, penalties, and forfeitures under the Executive
orders shall continue and may be enforced in the same manner as if the
revocation had not been made; or
(2) any violation of any rules, regulations, orders, licenses, or
other forms of administrative action under those revoked orders during
the periods those orders were in effect.
1-103. (a) The Secretaries of State, the Treasury, Commerce, and
Transportation, and the heads of other government agencies, shall take
the appropriate measures to implement this order.
(b) In carrying out their respective functions and responsibilities
under this order, the Secretaries of the Treasury, Commerce, and
Transportation, and the heads of other government agencies, shall, as
appropriate, consult with the Secretary of State. Each such Secretary
and agency head and the Secretary of State shall also consult with other
government agencies and private persons, as appropriate.
Jimmy Carter.
Ex. Ord. No. 12918. Prohibiting Certain Transactions With Respect to
Rwanda and Delegating Authority With Respect to Other United Nations
Arms Embargoes
Ex. Ord. No. 12918, May 26, 1994, 59 F.R. 28205, provided:
By the authority vested in me as President by the Constitution and
the laws of the United States of America, including section 5 of the
United Nations Participation Act of 1945, as amended (22 U.S.C. 287c),
the Export Administration Act of 1979, as amended (50 U.S.C. App. 2401
et seq.), the Arms Export Control Act (22 U.S.C. 2751 et seq.), and
section 301 of title 3, United States Code, and in view of United
Nations Security Council Resolution 918 of May 17, 1994, it is hereby
ordered as follows:
Section 1. Arms Embargo. The following activities are prohibited,
notwithstanding the existence of any rights or obligations conferred or
imposed by any international agreement or any contract entered into or
any license or permit granted before the effective date of this order,
except to the extent provided in regulations, orders, directives, or
licenses that may hereafter be issued pursuant to this order: (a) The
sale or supply to Rwanda from the territory of the United States by any
person, or by any United States person in any foreign country or other
location, or using any U.S.-registered vessel or aircraft, of arms and
related materiel of all types, including weapons and ammunition,
military vehicles and equipment, paramilitary police equipment, and
spare parts for the aforementioned, irrespective of origin. This
prohibition does not apply to activities related to the United Nations
Assistance Mission for Rwanda or the United Nations Observer Mission
Uganda-Rwanda or other entities permitted to have such items by the
United Nations Security Council; and
(b) Any willful evasion or attempt to violate or evade any of the
prohibitions set forth in this order, by any person.
Sec. 2. Definitions. For purposes of this order, the term: (a)
``Person'' means a natural person as well as a corporation, business
association, partnership, society, trust, or any other entity,
organization or group, including governmental entities; and
(b) ``United States person'' means any citizen or national of the
United States, any lawful permanent resident of the United States, or
any corporation, business association, partnership, society, trust, or
any other entity, organization or group, including governmental
entities, organized under the laws of the United States (including
foreign branches).
Sec. 3. Responsibilities. The functions and responsibilities for the
enforcement of the foregoing prohibitions are delegated as follows: (a)
The Secretary of State is hereby authorized to take such actions,
including the promulgation of rules and regulations, and to employ all
powers granted to the President by section 5 of the United Nations
Participation Act [22 U.S.C. 287c] and other authorities available to
the Secretary of State, as may be necessary to carry out the purpose of
this order, relating to arms and related materiel of a type enumerated
on the United States Munitions List (22 C.F.R. Part 121). The Secretary
of State may redelegate any of these functions to other officers and
agencies of the United States Government; and
(b) The Secretary of Commerce, in consultation with the Secretary of
State, is hereby authorized to take such actions, including the
promulgation of rules and regulations, and to employ all powers granted
to the President by section 5 of the United Nations Participation Act
and other authorities available to the Secretary of Commerce, as may be
necessary to carry out the purpose of this order, relating to arms and
related materiel identified in the Export Administration Regulations (15
C.F.R. Parts 730-799). The Secretary of Commerce may redelegate any of
these functions to other officers and agencies of the United States
Government.
Sec. 4. Authorization. All agencies of the United States Government
are hereby directed to take all appropriate measures within their
authority to carry out the provisions of this order, including
suspension or termination of licenses or other authorizations in effect
as of the date of this order.
Sec. 5. Delegation of Authority. The Secretary of State and the
Secretary of Commerce in consultation with the Secretary of State are
hereby authorized to promulgate rules and regulations, and to employ all
powers granted to the President by section 5 of the United Nations
Participation Act [22 U.S.C. 287c] and not otherwise delegated by
Executive order, as may be necessary to carry out the purpose of
implementing any other arms embargo mandated by resolution of the United
Nations Security Council, consistent with the allocation of functions
delegated under section 3 of this order. The Secretary of State or the
Secretary of Commerce may redelegate any of these functions to other
officers and agencies of the United States Government.
Sec. 6. Judicial Review. Nothing contained in this order shall
create any right or benefit, substantive or procedural, enforceable by
any party against the United States, its agencies or instrumentalities,
its officers or employees, or any other person.
Sec. 7. Effective Date. This order shall take effect at 11:59 p.m.
eastern daylight time on May 26, 1994.
William J. Clinton.
Section Referred to in Other Sections
This section is referred to in title 12 sections 3409, 3413.
