Page:United States Statutes at Large Volume 104 Part 3.djvu/697

 PUBLIC LAW 101-513—NOV. 5, 1990 104 STAT. 2049 (2) NATIONAL EMERGENCIES AND UNITED NATIONS LEGISLA- TION.— Nothing in this section supersedes any provision of the National Emergencies Act or any authority of the President under the International Emergency Economic Powers Act or section 5(a) of the United Nations Participation Act of 1945. SEC. 586D. COMPLIANCE WITH UNITED NATIONS SANCTIONS AGAINST 50 USC 1701 IRAQ. note. (a) DENIAL OF ASSISTANCE,—None of the funds appropriated or otherwise made available pursuant to this Act to carry out the Foreign Assistance Act of 1961 (including title IV of chapter 2 of part I, relating to the Overseas Private Investment Corporation) or the Arms Export Control Act may be used to provide assistance to any country that is not in compliance with the United Nations Security Council sanctions against Iraq unless the President determines and so certifies to the Congress that— (1) such assistance is in the national interest of the United States; (2) such assistance will directly benefit the needy people in that country; or (3) the assistance to be provided will be humanitarian gissistance for foreign nationals who have fled Iraq and Kuwait. (b) IMPORT SANCTIONS. — If the President considers that the taking of such action would promote the effectiveness of the economic sanctions of the United Nations and the United States imposed with respect to Iraq, and is consistent with the national interest, the President may prohibit, for such a period of time as he considers appropriate, the importation into the United States of any or all products of any foreign country that has not prohibited— (1) the importation of products of Iraq into its customs territory, and (2) the export of its products to Iraq. SEC. 586E. PENALTIES FOR VIOLATIONS OF EMBARGO. 50 USC 1701 Notwithstanding section 206 of the International Emergency Economic Powers Act (50 U.S.C. 1705) and section 5(b) of the United Nations Participation Act of 1945 (22 U.S.C. 287c(b))— (1) a civil penalty of not to exceed $250,000 may be imposed on any person who, after the date of enactment of this Act, violates or evades or attempts to violate or evade Executive Order Numbered 12722, 12723, 12724, or 12725 or any license, order, or regulation issued under any such Executive order; and (2) whoever, after the date of enactment of this Act, willfully violates or evades or attempts to violate or evade Executive Order Numbered 12722, 12723, 12724, or 12725 or any license, order, or regulation issued under any such Executive order— (A) shall, upon conviction, be fined not more than $1,000,000, if a person other than a natural person; or (B) if a natural person, shall, upon conviction, be fined not more than $1,000,000, be imprisoned for not more than 12 years, or both. Any officer, director, or agent of any corporation who knowingly participates in a violation, evasion, or attempt described in paragraph (2) may be punished by imposition of the fine or imprisonment (or both) specified in subparagraph (B) of that paragraph.

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