Sec. 6. Sanctions against the government of belarus

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Section 6 of the Belarus Democracy Act of 2004 ( Public Law 109–480 ; 22 U.S.C. 5811 note) is amended— in subsection (a)— by striking The sanctions and inserting the following: The sanctions ; and by adding at the end the following: Any sanctions imposed pursuant to the Executive orders described in subparagraph

(B)that were imposed in connection with conduct relating to, concerning, or occurring in Belarus should remain in effect until the President determines and certifies to the appropriate congressional committees that the Government of Belarus has made significant progress in meeting the conditions described in subsection (c). The Executive orders described in this subparagraph are the following: Executive Order 13405 (71 Fed. Reg. 35485; relating to blocking property of certain persons undermining democratic processes or institutions in Belarus). Executive Order 14024 (86 Fed. Reg. 20249; relating to blocking property with respect to specified harmful foreign activities of the Government of the Russian Federation). Executive Order 14038 (86 Fed. Reg. 43905; relating to blocking property of additional persons contributing to the situation in Belarus). ; in subsection (b)— in the matter preceding paragraph (1), by striking subsection

(a)and inserting paragraphs

(1)and

(2)of subsection

(a); by striking paragraph (2); by redesignating paragraphs (3), (4), and

(5)as paragraphs (2), (3), and (4), respectively; and by adding at the end the following: The withdrawal of the armed forces of the Russian Federation from the Republic of Belarus and the cessation of Belarusian support for the Russian Federation’s war against Ukraine. The return of all Ukrainian children abducted and deported to Belarus from the territory of Ukraine illegally occupied by the Russian Federation. ; in subsection (c)— in the subsection heading, by striking complicit in the crackdown that occurred after the august 9, 2020, election ; in the matter preceding paragraph (1), by striking may and inserting shall ; in paragraph (2), by striking inadmissible under and inserting described in ; in paragraph (4), by adding at the end before the semicolon the following: , or future elections in Belarus should they be determined to be neither free nor fair ; in paragraph (5), by adding at the end before the semicolon the following: , or future elections in Belarus should they be determined to be neither free nor fair ; by striking paragraphs (6), (7), (8), and

(9)and inserting the following: is a government official or member of the security or law enforcement services of Belarus and has participated in the persecution or harassment of religious groups, human rights defenders, democratic opposition groups, or independent media or journalists; is an individual determined by the President to be interfering in the internal affairs of the Republic of Belarus on behalf of or at the direction of the Government of the Russian Federation; is an official who provides for, facilitates, or otherwise enables or engages with the abduction and deportation of Ukrainian children from territories illegally occupied by the Russian Federation to the territory of Belarus; is an official who provides for, facilitates, or otherwise enables the Russian Federation to use the territory or Belarus to further its unprovoked invasion of Ukraine; is an official of the so-called Union State between Russia and Belarus (regardless of nationality of the individual) or works toward the furtherance of such Union State; or is a Russian individual that has significantly participated in the crackdown on independent press or human rights abuses related to political repression in Belarus, including the Russian propagandists sent to replace local employees at Belarusian state media outlets. ; by amending subsection

(f)to read as follows: The President shall impose the sanction described in paragraph

(3)with respect to each foreign person that the President determines— is a member of the Central Election Commission of Belarus or assisted the Commission in manipulating elections in Belarus including the presidential election of August 9, 2020; is a government official or member of the security or law enforcement services of Belarus and has participated in the persecution or harassment of religious groups, human rights defenders, democratic opposition groups, or independent media or journalists; is an individual determined by the President to be knowingly interfering in the internal affairs of the Republic of Belarus on behalf of or at the direction of the Government of the Russian Federation; is an official who knowingly engages in the abduction and deportation of Ukrainian children from territories illegally occupied by the Russian Federation to the territory of Belarus; is an official who knowingly supports and provides for, the Russian Federation’s use of the territory or Belarus to further its unprovoked invasion of Ukraine; or is an official in the so-called Union State between Russia and Belarus (regardless of nationality of the individual) or works toward the furtherance of such Union State . The President may impose the sanction described in paragraph

(3)with respect to each foreign person that the President determines— holds a position in the senior leadership of the Government of Belarus; is an immediate family member of a person described in subparagraph (A); or through his or her business dealings with a person described in subparagraph

(A)derives significant financial benefit from policies or actions, including electoral fraud, gross violations of internationally recognized human rights, or corruption, that undermine or injure democratic institutions or impede the transition to democracy in Belarus. 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. The sanction described in paragraph

(3)may not be imposed with respect to transactions or the facilitation of transactions for— the sale of agricultural commodities, food, medicine, or medical devices; the provision of humanitarian assistance; financial transactions relating to humanitarian assistance; or transporting goods or services that are necessary to carry out operations relating to humanitarian assistance. The sanction described in paragraph

(3)shall not apply to any authorized intelligence, law enforcement, or national security activities of the United States. The President may, on a case-by-case basis and for periods not to exceed 180 days each, waive the application of the sanction described in paragraph

(3)imposed with respect to a foreign person under this subsection if the President certifies to the appropriate congressional committees not later than 15 days before such waiver is to take effect that the waiver is important to the national security interests of the United States. Any person who violates, attempts to violate, or causes a violation of this subsection or any regulation, license, or order issued to carry out this subsection shall be subject to the penalties under 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 under that Act ( 50 U.S.C. 1701 et seq. ). In this subsection— the term air carrier has the meaning given that term in section 40102 of title 49, United States Code; the term foreign person means a person that is not a United States person; and the term United States person means— any United States citizen or alien admitted for permanent residence to the United States; any entity organized under the laws of the United States; and any person in the United States. .

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