Sec. 202. Imposition of additional sanctions on persons responsible for violence or who undermine the independence, sovereignty, or territorial or economic integrity of Ukraine
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It shall be the policy of the United States to impose sanctions with respect to those individuals within and outside of the Government of the Russian Federation whom the President determines wields significant influence over the formation and implementation of Russian foreign policy, in particular with respect to the violation of Ukraine’s sovereignty, democracy, and territorial integrity. A foreign person or an alien is subject to sanctions under subsection
(c)in accordance with the provisions of such subsection if the foreign person or alien, on or after November 21, 2013— is knowingly responsible for or complicit in, or engaged in, directly or indirectly— actions that significantly undermine democratic processes or institutions in Ukraine; actions that significantly threaten the peace, security, stability, sovereignty, or territorial integrity of Ukraine; acts of significant corruption in Ukraine, or the seizure or expropriation of significant economic assets from Ukraine, including the expropriation of private or state assets for personal gain, or the facilitation or transfer of the proceeds of such expropriation to foreign jurisdictions; or the commission of serious human rights abuses against citizens of Ukraine or citizens of the Russian Federation; is a current or former senior official of the Government of the Russian Federation who has engaged in any activity described in paragraph (1); operates in the arms or related materiel sector in the Russian Federation that has engaged in any activity described in paragraph (1); is a current or former leader of an entity that has, or whose members have, knowingly engaged in any activity described in paragraph (1), (2), or
(3)or of an entity whose property and interests in property are blocked pursuant to this section; has knowingly materially assisted, sponsored, or provided financial, material, or technological support for, or goods or services to or in support of, any activity described in paragraph (1), (2), or
(3)or of any person whose property and interests in property are blocked pursuant to this section; or is owned or controlled by, or has acted or purported to act for or on behalf of, directly or indirectly, any person whose property and interests in property are blocked pursuant to this section. The sanctions described in this subsection are the following: With respect to a foreign person who the President, acting through the Secretary of the Treasury and in consultation with the Secretary of State (or their designees), determines meets the requirements described in subsection (b), the President, acting through the Secretary of the Treasury and in consultation with the Secretary of State (or their designees), shall to the extent necessary investigate, block during the pendency of an investigation, regulate, direct and compel, nullify, void, prevent or prohibit, any acquisition, holding, withholding, use, transfer, withdrawal, transportation, or exportation of, or dealing in, or exercising any right, power, or privilege with respect to, or transactions involving, any property in which any foreign country or a national thereof has any interest by any person, or with respect to any property, subject to the jurisdiction of the United States if such property and 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. An alien who the Secretary of State or the Secretary of Homeland Security (or a designee of one of such Secretaries) knows, or has reason to believe, meets any of the criteria described in subsection
(b)is— inadmissible to the United States; ineligible to receive a visa or other documentation to enter the United States; and 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. ). The issuing consular officer, the Secretary of State, or the Secretary of Homeland Security (or a designee of one of such Secretaries) shall revoke any visa or other entry documentation issued to an alien who meets any of the criteria described in subsection (b), regardless of when issued. Notwithstanding any other provision of law, including section 2241 of title 28, United States Code, or any other habeas corpus provision, and sections 1361 and 1651 of such title, no court shall have jurisdiction to review a revocation decision under this clause, and no court shall have jurisdiction to hear any claim arising from, or any challenge to, such a revocation. A revocation under subclause (I)— shall take effect immediately; and shall automatically cancel any other valid visa or entry documentation that is in the alien’s possession. A foreign person that violates, attempts to violate, conspires to violate, or causes a violation of paragraph (1)(A) or any regulation, license, or order issued to carry out paragraph (1)(A) shall be subject to the penalties set forth in subsections
(b)and
(c)of section 206 of the International Emergency Economic Powers Act ( 50 U.S.C. 1705 ) to the same extent as a person that commits an unlawful act described in subsection
(a)of that section. The President shall, not later than 90 days after the date of the enactment of this Act, promulgate regulations as necessary for the implementation of this section. Sanctions under paragraph (1)(B) shall not apply to an alien if admitting the alien into 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 other applicable international obligations. Nothing in this section shall be construed to limit the authority of the President pursuant to the International Emergency Economic Powers Act ( 50 U.S.C. 1701 et seq. ). The President may waive the application of sanctions under subsection
(c)with respect to a foreign person or alien if the President— determines that such a waiver is vital to the national interest of the United States; and not less than 15 days after the waiver takes effect, submits to the appropriate congressional committees a notice of the waiver and a justification for such waiver. Not later than 30 days after the date of the enactment of this Act, and every 180 days thereafter for a period not to exceed 2 years, the Secretary of State, in consultation with the Secretary of the Treasury, shall submit to the appropriate congressional committees a detailed report with respect to whether senior foreign political figures of the Russian Federation are responsible for engaging in activities described in subsection (b). The report required by subparagraph
(A)shall be submitted in unclassified form but may contain a classified annex. Not later than 120 days after receiving a written request from the chairperson and ranking member of one of the appropriate congressional committees with respect to whether a senior foreign political figure of the Russian Federation is responsible for engaging in activities described in subsection (b), the President shall submit a response to the chairperson and ranking member of the committee which made the request with respect to the status of the person. The President may submit a response required by subparagraph
(A)in classified form if the President determines that it is necessary for the national security interests of the United States to do so. In this subsection, the term appropriate congressional committees means— the Committee on Foreign Affairs and the Committee on Financial Services of the House of Representatives; and the Committee on Foreign Relations and the Committee on Banking, Housing, and Urban Affairs of the Senate. In this section: The term admitted has the meaning given such term in section 101(a)(13)(A) of the Immigration and Nationality Act (8 U.S.C. 1101(a)(13)(A)). The term alien has the meaning given such term in section 101(a)(3) of the Immigration and Nationality Act (8 U.S.C. 1101(a)(3)). The term financial institution has the meaning given that term in section 5312 of title 31, United States Code. The term foreign person means— an individual who is not a United States person or an alien lawfully admitted for permanent residence into the United States; a corporation, partnership, or other nongovernmental entity which is not a United States person; or any representative, agent or instrumentality of, or an individual working on behalf of a foreign government. The term paroled means paroled into the United States under section 212(d)(5) of the Immigration and Nationality Act ( 8 U.S.C. 1182(d)(5) ). The term senior foreign political figure means— a current or former— senior official in the executive, legislative, administrative, military, or judicial branches of a foreign government (whether elected or not); senior official of a major foreign political party; or senior executive of a foreign-government-owned commercial enterprise; a corporation, business, or other entity that has been formed by, or for the benefit of, any such individual; an immediate family member (including spouses, parents, siblings, children, and a spouse’s parents and siblings) of any such individual; or a person who is widely and publicly known to be a close associate of such individual. The term United States person means— a United States citizen or an alien lawfully admitted for permanent residence to the United States; or an entity organized under the laws of the United States or of any jurisdiction within the United States, including a foreign branch of such an entity. This section and any sanction imposed by this section shall remain in effect until the earlier of— the date that is 90 days after the date on which the President submits to the appropriate congressional committees the certification described in subsection
(a)of section 206 in accordance with subsection
(b)of such section; or the date that is 30 days after any date subsequent to January 1, 2020, on which the President submits to the appropriate congressional committees in writing a determination that the termination of this section and the sanctions imposed by this section is in the vital national security interests of the United States.
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Sec. 202
Imposition of additional sanctions on persons responsible for violence or who undermine the independence, sovereignty, or territorial or economic integrity of Ukraine
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