Sec. 5. Imposition of sanctions
1,388 words·~6 min read·
/bill/117/s/3513/is/section-5A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
On and after the date on which the Director of National Intelligence assesses under section 4 that the Government of the Russian Federation, or any foreign person acting as an agent of or on behalf of that Government, has engaged in an act that infringes on the territorial integrity of Ukraine, the President shall impose the sanctions described in subsection
(c)with respect to a foreign person described in subsection (b). A foreign person described in this subsection is a foreign person that the Secretary of the Treasury, in consultation with the Secretary of State, determines— operates in— the energy, financial, mining, or aerospace sectors of the economy of the Russian Federation; or any other sector of the economy of the Russian Federation determined by the Secretary of the Treasury, in consultation with the Secretary of State, to support actions or policies that threaten the peace, security, or stability of Ukraine or any other state actor; has directly or indirectly engaged, or attempted to engage, in a significant transaction for the sale, supply, or transfer to or from the Russian Federation of significant goods or services used in connection with a sector of the economy of the Russian Federation described in subparagraph (A); or has knowingly engaged in a significant transaction for the sale, supply, or transfer to or from the Russian Federation of significant goods or services used in connection with a sector of the economy of the Russian Federation described in subparagraph (A); is the President, the Prime Minister, the Minister of Defense, or the Ministry of Defense of the Government of the Russian Federation; or is any entity controlled in whole or in part by an person described subparagraph
(A)or a successor to such an entity that benefits the military of the Russian Federation; or is a senior foreign political figure or oligarch in the Russian Federation identified in the report required by section 241(a) of the Countering America’s Adversaries Through Sanctions Act ( Public Law 115–44 ; 131 Stat. 922); knowingly and materially violates, attempts to violate, conspires to violate, or has caused or attempted to cause a violation of any license, order, regulation, or prohibition contained in or issued pursuant to Executive Order 14024 ( 50 U.S.C. 1701 note; relating to blocking property with respect to specified harmful foreign activities of the Government of the Russian Federation) or this Act; is an adult family member of any person described in any of paragraphs
(1)through (4); knowingly facilitates a significant transaction or transactions for or on behalf of a person described, or a person that has engaged in the activity described, as the case may be, in any of paragraphs
(1)through (4); is owned or controlled by, or has acted for or on behalf of, directly or indirectly, a person described, or a person that has engaged in the activity described, as the case may be, in any of paragraphs
(1)through (4); or has knowingly and materially assisted, sponsored, or provided financial, material, or technological support for, or goods or services to or in support of, a person described, or a person that has engaged in the activity described, as the case may be, in any of paragraphs
(1)through (4). The sanctions to be imposed with respect to a foreign person described in subsection
(b)are the following: The President shall exercise all of the powers granted to the President under the International Emergency Economic Powers Act ( 50 U.S.C. 1701 et seq. ) to the extent necessary to block and prohibit all transactions in property and interests in property of the foreign person 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. In the case of a foreign financial institution, the President shall prohibit the opening, and prohibit or impose strict conditions on the maintaining, in the United States of a correspondent account or payable-through account by the foreign financial institution. An alien 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. ). An alien described in subsection
(b)is subject to revocation of any visa or other entry documentation, regardless of when the visa or other entry documentation is or was issued. A revocation under clause
(i)shall— take effect immediately; and automatically cancel any other valid visa or entry documentation that is in the alien’s possession. Information about the denial or revocation of a visa or other documentation under this paragraph shall be made available to the public. Not later than 30 days after the date of the enactment of this Act, the Secretary of the Treasury, in consultation with the Secretary of State, shall submit to the appropriate congressional committees a determination with respect to whether any foreign financial institution identified in paragraph
(2)is a foreign person described in subsection (b). A foreign financial institution identified under this subsection is any of the following: Sberbank. VTB Bank. Gazprombank. Vnesheconombank. Rosselkhozbank. The President may delay the imposition of sanctions under this section for not more than 30 days if the President certifies to the appropriate congressional committees that the extension— is in the national security interest of the United States; and is necessary to enable non-Russian persons impacted by sanctions under this section to wind down business prohibited as a result of those sanctions. Not later than 10 days after receiving a request from the chairman or ranking member of one of the appropriate congressional committees with respect to whether a foreign person is described in subsection (b), the President shall— determine if the person is so described; and submit a classified or unclassified report to the committee the chairman or ranking member of which submitted the request with respect to that determination that includes a statement of whether or not the President imposed or intends to impose sanctions under this section with respect to that person. The President may exercise all authorities provided under sections 203 and 205 of the International Emergency Economic Powers Act (50 U.S.C. 1702 and 1704) to carry out this section. A person that violates, attempts to violate, conspires to violate, or causes a violation of this section or any regulation, license, or order issued to carry out this section 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. Sanctions under this section shall not apply with respect to any person for conducting or facilitating a transaction for the provision (including any sale) of agricultural commodities, food, medicine, or medical devices to the Russian Federation. Sanctions under subsection (c)(3) shall not apply with respect to an alien if admitting or paroling 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; or to carry out or assist law enforcement activity in the United States. The requirement to impose sanctions under this section shall not include the authority or a requirement to impose sanctions with respect to the importation of goods. The President may, on a case-by-case basis, waive the application of sanctions under this section with respect to a person for renewable periods of not to exceed 90 days if the President submits to the appropriate congressional committees a determination in writing that— the waiver is in the vital national security interest of the United States; and failing to use the waiver will cause significant adverse harm to the vital national security interests of the United States. The authority to issue a waiver under paragraph
(1)shall terminate on the date that is 2 years after the date of the enactment of this Act.
Connectionstraces to 6
Traces to 6 documents
public-private-law
register
1 reference not yet in our index
- 131 Stat. 922
Citation graph
cites case law
Sec. 5
Imposition of sanctions
Stat.131 Stat. 922
Cites 7Cited by 0 across 0 sources