An act to impose sanctions with respect to foreign persons that are responsible for using civilians as human shields, and for other purposes
PL 115-348 (H.R.3342), enacted 12/21/2018

132 STAT. 5055 
PUBLIC LAW 115–348—DEC. 21, 2018 
Public Law 115–348 
115th Congress 
An Act 
To impose sanctions with respect to foreign persons that are responsible for using 
civilians as human shields, and for other purposes. 
Be it enacted by the Senate and House of Representatives of 
the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Sanctioning the Use of Civilians 
as Defenseless Shields Act’’. 
SEC. 2. STATEMENT OF POLICY. 
It shall be the policy of the United States to officially and 
publicly condemn the use of innocent civilians as human shields. 
SEC. 3. IMPOSITION OF SANCTIONS WITH RESPECT TO FOREIGN PER-
SONS THAT ARE RESPONSIBLE FOR THE USE OF CIVILIANS 
AS HUMAN SHIELDS. 
(a) IMPOSITION OF SANCTIONS.— 
(1) MANDATORY SANCTIONS.—The President shall impose 
sanctions described in subsection (d) with respect to each person 
on the list required under subsection (b). 
(2) PERMISSIVE
SANCTIONS.—The President may impose 
sanctions described in subsection (d) with respect to each person 
on the list described in subsection (c). 
(b) MANDATORY SANCTIONS LIST.—Not later than one year after 
the date of the enactment of this Act, and annually thereafter, 
the President shall submit to the appropriate congressional commit-
tees a list of the following: 
(1) Each foreign person that the President determines, 
on or after the date of the enactment of this Act— 
(A) is a member of Hizballah or is knowingly acting 
on behalf of Hizballah; and 
(B) knowingly orders, controls, or otherwise directs 
the use of civilians protected as such by the law of war 
to shield military objectives from attack. 
(2) Each foreign person that the President determines, 
on or after the date of the enactment of this Act— 
(A) is a member of Hamas or is knowingly acting 
on behalf of Hamas; and 
(B) knowingly orders, controls, or otherwise directs 
the use of civilians protected as such by the law of war 
to shield military objectives from attack. 
(3) Each foreign person or agency or instrumentality of 
a foreign state that the President determines, on or after the 
Deadline. 
Determinations. 
President. 
Sanctioning the 
Use of Civilians 
as Defenseless 
Shields Act. 
50 USC 1701 
note. 
Dec. 21, 2018 
[H.R. 3342] 
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132 STAT. 5056 
PUBLIC LAW 115–348—DEC. 21, 2018 
date of the enactment of this Act, knowingly and materially 
supports, orders, controls, directs, or otherwise engages in— 
(A) any act described in subparagraph (B) of paragraph 
(1) by a person described in that paragraph; or 
(B) any act described in subparagraph (B) of paragraph 
(2) by a person described in that paragraph. 
(c) PERMISSIVE SANCTIONS LIST.—Not later than one year after 
the date of the enactment of this Act, and annually thereafter, 
the President should submit to the appropriate congressional 
committees a list of each foreign person that the President deter-
mines, on or after the date of the enactment of this Act, knowingly 
orders, controls, or otherwise directs the use of civilians protected 
as such by the law of war to shield military objectives from attack, 
excluding foreign persons included in the most recent list under 
subsection (b). 
(d) SANCTIONS DESCRIBED.—The sanctions to be imposed on 
a foreign person or an agency or instrumentality of a foreign state 
under this subsection are the following: 
(1) BLOCKING OF PROPERTY.—The President shall exercise 
all of the powers granted to the President under the Inter-
national Emergency Economic Powers Act (50 U.S.C. 1701 et 
seq.) to the extent necessary to block and prohibit all trans-
actions in property and interests in property of the foreign 
person or agency or instrumentality of a foreign state if such 
property or interests in property are in the United States, 
come within the United States, or are or come within the 
possession or control of a United States person. 
(2) ALIENS INELIGIBLE FOR VISAS, ADMISSION, OR PAROLE.— 
(A) VISAS, ADMISSION, OR PAROLE.—An alien who the 
Secretary of State or the Secretary of Homeland Security 
determines is subject to sanctions under subsection (a) 
is— 
(i) inadmissible to the United States; 
(ii) ineligible to receive a visa or other documenta-
tion to enter the United States; and 
(iii) otherwise ineligible to be admitted or paroled 
into the United States or to receive any other benefit 
under the Immigration and Nationality Act (8 U.S.C. 
1101 et seq.). 
(B) CURRENT VISAS REVOKED.—Any visa or other docu-
mentation issued to an alien who is subject to sanctions 
under subsection (a), regardless of when such visa or other 
documentation was issued, shall be revoked and such alien 
shall be denied admission to the United States. 
(C) EXCEPTION TO COMPLY WITH UNITED NATIONS HEAD-
QUARTERS AGREEMENT AND OTHER INTERNATIONAL OBLIGA-
TIONS.—The sanctions under this paragraph shall not be 
imposed on an individual if admitting such individual to 
the United States is necessary to permit the United States 
to comply with the Agreement regarding the Headquarters 
of the United Nations, signed at Lake Success June 26, 
1947, and entered into force November 21, 1947, between 
the United Nations and the United States, or with other 
applicable international obligations. 
(e) PENALTIES.—The penalties provided for in subsections (b) 
and (c) of section 206 of the International Emergency Economic 
Powers Act (50 U.S.C. 1705) shall apply to a person that knowingly 
Applicability. 
Determination. 
Deadline. 
Determination. 
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132 STAT. 5057 
PUBLIC LAW 115–348—DEC. 21, 2018 
violates, attempts to violate, conspires to violate, or causes a viola-
tion of regulations prescribed to carry out this section to the same 
extent that such penalties apply to a person that knowingly commits 
an unlawful act described in section 206(a) of such Act. 
(f) PROCEDURES FOR JUDICIAL REVIEW OF CLASSIFIED INFORMA-
TION.— 
(1) IN
GENERAL.—If a finding under this section, or a 
prohibition, condition, or penalty imposed as a result of any 
such finding, is based on classified information (as defined 
in section 1(a) of the Classified Information Procedures Act 
(18 U.S.C. App.)) and a court reviews the finding or the imposi-
tion of the prohibition, condition, or penalty, the President 
may submit such information to the court ex parte and in 
camera. 
(2) RULE OF CONSTRUCTION.—Nothing in this subsection 
shall be construed to confer or imply any right to judicial 
review of any finding under this section or any prohibition, 
condition, or penalty imposed as a result of any such finding. 
(g) WAIVER.—The President may waive the application of sanc-
tions under this section if the President determines and reports 
to the appropriate congressional committees that such waiver is 
in the national security interest of the United States. 
(h) REGULATORY AUTHORITY.— 
(1) IN GENERAL.—The President may exercise all authorities 
under sections 203 and 205 of the International Emergency 
Economic Powers Act (50 U.S.C. 1702 and 1704) for purposes 
of carrying out this section. 
(2) ISSUANCE OF REGULATIONS.—Not later than 180 days 
after the date of the enactment of this Act, the President 
shall prescribe such regulations as may be necessary to imple-
ment this section. 
(i) RULE OF CONSTRUCTION.—Nothing in this section may be 
construed— 
(1) to limit the authorities of the President pursuant to 
the International Emergency Economic Powers Act (50 U.S.C. 
1701 et seq.) or any other relevant provision of law; or 
(2) to apply with respect to any activity subject to the 
reporting requirements under title V of the National Security 
Act of 1947 (50 U.S.C. 3091 et seq.), or to any authorized 
intelligence activities of the United States. 
SEC. 4. DEFINITIONS. 
In this Act: 
(1) ADMITTED; ALIEN.—The terms ‘‘admitted’’ and ‘‘alien’’ 
have the meanings given those terms in section 101 of the 
Immigration and Nationality Act (8 U.S.C. 1101). 
(2) AGENCY OR INSTRUMENTALITY OF A FOREIGN STATE.— 
The term ‘‘agency or instrumentality of a foreign state’’ has 
the meaning given that term in section 1603(b) of title 28, 
United States Code. 
(3) APPROPRIATE CONGRESSIONAL COMMITTEES.—In this sec-
tion, the term ‘‘appropriate congressional committees’’ means— 
(A) the Committee on Banking, Housing, and Urban 
Affairs, the Committee on Foreign Relations, and the Com-
mittee on the Judiciary of the Senate; and 
Deadline. 
Determination. 
Report. 
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132 STAT. 5058 
PUBLIC LAW 115–348—DEC. 21, 2018 
LEGISLATIVE HISTORY—H.R. 3342: 
HOUSE REPORTS: No. 115–367, Pt. 1 (Comm. on Foreign Affairs). 
CONGRESSIONAL RECORD: 
Vol. 163 (2017): Oct. 25, considered and passed House. 
Vol. 164 (2018): Oct. 11, considered and passed Senate, amended. 
Dec. 11, House concurred in Senate amendments. 
DAILY COMPILATION OF PRESIDENTIAL DOCUMENTS (2018): 
Dec. 21, Presidential statement. 
(B) the Committee on Financial Services, the Com-
mittee on Foreign Affairs, and the Committee on the 
Judiciary of the House of Representatives. 
(4) FOREIGN PERSON.—The term ‘‘foreign person’’ means— 
(A) any citizen or national of a foreign state, wherever 
located; or 
(B) any entity not organized solely under the laws 
of the United States or existing solely in the United States. 
(5) HAMAS.—The term ‘‘Hamas’’ means— 
(A) the entity known as Hamas and designated by 
the Secretary of State as a foreign terrorist organization 
pursuant to section 219 of the Immigration and Nationality 
Act (8 U.S.C. 1189); or 
(B) any person identified as an agent or instrumen-
tality of Hamas on the list of specially designated nationals 
and blocked persons maintained by the Office of Foreign 
Asset Control of the Department of the Treasury, the prop-
erty or interests in property of which are blocked pursuant 
to the International Emergency Economic Powers Act (50 
U.S.C. 1701 et seq.). 
(6) HIZBALLAH.—The term ‘‘Hizballah’’ means— 
(A) the entity known as Hizballah and designated by 
the Secretary of State as a foreign terrorist organization 
pursuant to section 219 of the Immigration and Nationality 
Act (8 U.S.C. 1189); or 
(B) any person identified as an agent or instrumen-
tality of Hizballah on the list of specially designated 
nationals and blocked persons maintained by the Office 
of Foreign Asset Control of the Department of the Treasury, 
the property or interests in property of which are blocked 
pursuant to the International Emergency Economic Powers 
Act (50 U.S.C. 1701 et seq.). 
(7) UNITED STATES PERSON.—The term ‘‘United States per-
son’’ means any United States citizen, permanent resident 
alien, entity organized under the laws of the United States 
(including foreign branches), or any person in the United States. 
SEC. 5. SUNSET. 
This Act shall cease to be effective on December 31, 2023. 
Approved December 21, 2018. 
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