SUBCHAPTER VII—APPLICATION OF SANCTIONS LAWS TO INTELLIGENCE ACTIVITIES
§3171. Stay of sanctions
Notwithstanding any provision of law identified in section 3174 of this title, the President may stay the imposition of an economic, cultural, diplomatic, or other sanction or related action by the United States Government concerning a foreign country, organization, or person when the President determines and reports to Congress in accordance with section 3173 of this title that to proceed without delay would seriously risk the compromise of an ongoing criminal investigation directly related to the activities giving rise to the sanction or an intelligence source or method directly related to the activities giving rise to the sanction. Any such stay shall be effective for a period of time specified by the President, which period may not exceed 120 days, unless such period is extended in accordance with section 3172 of this title.
(July 26, 1947, ch. 343, title IX, §901, as added Pub. L. 104–93, title III, §303(a), Jan. 6, 1996, 109 Stat. 964.)
Editorial Notes
Codification
Section was formerly classified to section 441 of this title prior to editorial reclassification and renumbering as this section.
§3172. Extension of stay
Whenever the President determines and reports to Congress in accordance with section 3173 of this title that a stay of sanctions or related actions pursuant to section 3171 of this title has not afforded sufficient time to obviate the risk to an ongoing criminal investigation or to an intelligence source or method that gave rise to the stay, he may extend such stay for a period of time specified by the President, which period may not exceed 120 days. The authority of this section may be used to extend the period of a stay pursuant to section 3171 of this title for successive periods of not more than 120 days each.
(July 26, 1947, ch. 343, title IX, §902, as added Pub. L. 104–93, title III, §303(a), Jan. 6, 1996, 109 Stat. 964.)
Editorial Notes
Codification
Section was formerly classified to section 441a of this title prior to editorial reclassification and renumbering as this section.
§3173. Reports
Reports to Congress pursuant to sections 3171 and 3172 of this title shall be submitted promptly upon determinations under this subchapter. Such reports shall be submitted to the Committee on International Relations of the House of Representatives and the Committee on Foreign Relations of the Senate. With respect to determinations relating to intelligence sources and methods, reports shall also be submitted to the congressional intelligence committees. With respect to determinations relating to ongoing criminal investigations, reports shall also be submitted to the Committees on the Judiciary of the House of Representatives and the Senate.
(July 26, 1947, ch. 343, title IX, §903, as added Pub. L. 104–93, title III, §303(a), Jan. 6, 1996, 109 Stat. 964; amended Pub. L. 107–306, title III, §353(b)(2)(C), Nov. 27, 2002, 116 Stat. 2402.)
Editorial Notes
Codification
Section was formerly classified to section 441b of this title prior to editorial reclassification and renumbering as this section.
Amendments
2002—Pub. L. 107–306 substituted "congressional intelligence committees" for "Permanent Select Committee on Intelligence of the House of Representatives and the Select Committee on Intelligence of the Senate".
Statutory Notes and Related Subsidiaries
Change of Name
Committee on International Relations of House of Representatives changed to Committee on Foreign Affairs of House of Representatives by House Resolution No. 6, One Hundred Tenth Congress, Jan. 5, 2007.
§3174. Laws subject to stay
The President may use the authority of sections 3171 and 3172 of this title to stay the imposition of an economic, cultural, diplomatic, or other sanction or related action by the United States Government related to the proliferation of weapons of mass destruction, their delivery systems, or advanced conventional weapons otherwise required to be imposed by the Chemical and Biological Weapons Control and Warfare Elimination Act of 1991 (title III of Public Law 102–182) [22 U.S.C. 5601 et seq.]; the Nuclear Proliferation Prevention Act of 1994 (title VIII of Public Law 103–236); title XVII of the National Defense Authorization Act for Fiscal Year 1991 (Public Law 101–510) (relating to the nonproliferation of missile technology); the Iran-Iraq Arms Nonproliferation Act of 1992 (title XVI of Public Law 102–484); section 573 of the Foreign Operations, Export Financing Related Programs Appropriations Act, 1994 (Public Law 103–87); section 563 of the Foreign Operations, Export Financing Related Programs Appropriations Act, 1995 (Public Law 103–306); and comparable provisions.
(July 26, 1947, ch. 343, title IX, §904, as added Pub. L. 104–93, title III, §303(a), Jan. 6, 1996, 109 Stat. 965.)
Editorial Notes
References in Text
The Chemical and Biological Weapons Control and Warfare Elimination Act of 1991, referred to in text, is title III of Pub. L. 102–182, Dec. 4, 1991, 105 Stat. 1245, which is classified principally to chapter 65 (§5601 et seq.) of Title 22, Foreign Relations and Intercourse. For complete classification of this Act to the Code, see Short Title note set out under section 5601 of Title 22 and Tables.
The Nuclear Proliferation Prevention Act of 1994, referred to in text, is title VIII of Pub. L. 103–236, Apr. 30, 1994, 108 Stat. 507. For complete classification of this Act to the Code, see Short Title note set out under section 6301 of Title 22, Foreign Relations and Intercourse, and Tables.
Title XVII of the National Defense Authorization Act for Fiscal Year 1991, referred to in text, is title XVII of div. A of Pub. L. 101–510, Nov. 5, 1990, 104 Stat. 1750, which enacted former section 4612 of this title and sections 2797 to 2797c of Title 22, Foreign Relations and Intercourse, amended former section 4605 of this title, and enacted provisions formerly set out as notes under former section 4602 of this title and section 2797 of Title 22. For complete classification of title XVII to the Code, see Tables.
The Iran-Iraq Arms Nonproliferation Act of 1992, referred to in text, is title XVI of div. A of Pub. L. 102–484, Oct. 23, 1992, 106 Stat. 2571, which is set out as a note under section 1701 of this title.
Section 573 of the Foreign Operations, Export Financing Related Programs Appropriations Act, 1994, referred to in text, probably means section 573 of the Foreign Operations, Export Financing, and Related Programs Appropriations Act, 1994, Pub. L. 103–87, title V, Sept. 30, 1993, 107 Stat. 972, which is not classified to the Code.
Section 563 of the Foreign Operations, Export Financing Related Programs Appropriations Act, 1995, referred to in text, probably means section 563 of the Foreign Operations, Export Financing, and Related Programs Appropriations Act, 1995, Pub. L. 103–306, title V, Aug. 23, 1994, 108 Stat. 1649, which is not classified to the Code.
Codification
Section was formerly classified to section 441c of this title prior to editorial reclassification and renumbering as this section.
Section, act July 26, 1947, ch. 343, title IX, §905, as added Pub. L. 104–93, title III, §303(a), Jan. 6, 1996, 109 Stat. 965; amended Pub. L. 104–293, title III, §304, Oct. 11, 1996, 110 Stat. 3464; Pub. L. 105–107, title III, §304, Nov. 20, 1997, 111 Stat. 2252; Pub. L. 105–272, title III, §303, Oct. 20, 1998, 112 Stat. 2400, provided that this subchapter would cease to be effective on Jan. 6, 2000.
Editorial Notes
Codification
Section was formerly classified to section 441d of this title and repealed prior to editorial reclassification and renumbering as this section.