Sec. 1294. MODIFIED WAIVER AUTHORITY FOR CERTAIN SANCTIONABLE TRANSACTIONS UNDER SECTION 231 OF THE COUNTERING AMERICA’S ADVERSARIES THROUGH SANCTIONS ACT
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## SEC. 1294 MODIFIED WAIVER AUTHORITY FOR CERTAIN SANCTIONABLE TRANSACTIONS UNDER SECTION 231 OF THE COUNTERING AMERICA’S ADVERSARIES THROUGH SANCTIONS ACT ###
(a)In General Section 231 of the Countering America’s Adversaries Through Sanctions Act (Public Law 115-44; 22 U.S.C. 9525) is amended— ####
(1)by redesignating subsections
(d)and
(e)as subsection
(e)and (f), respectively; and ####
(2)by inserting after subsection (c), as amended, the following new subsection: > > ### “(d) Modified Waiver Authority for Certain Sanctionable Transactions Under This Section > > > #### “(1) In general > > The President may use the authority under section 236(b) to waive the application of sanctions with respect to a person under this section without regard to section 216 if, not later than 30 days prior to the waiver taking effect, the President certifies in writing to the appropriate congressional committees and the Committee on Armed Services of the Senate and the Committee on Armed Services of the House of Representatives that— > > > ##### “(A) > > the waiver is in the national security interests of the United States; > > > ##### “(B) > > the significant transaction described in subsection
(a)that the person engaged in with respect to which the waiver is being exercised— > > > ###### “(i) > > is not a significant transaction with— > > > ###### “(I) > > the Main Intelligence Agency of the General Staff of the Armed Forces of the Russian Federation; > > > ###### “(II) > > the Federal Security Service of the Russian Federation; > > > ###### “(III) > > the Foreign Intelligence Service of the Russian Federation; > > > ###### “(IV) > > Autonomous Noncommercial Professional Organization/Professional Association of Designers of Data Processing (ANO PO KSI); > > > ###### “(V) > > the Special Technology Center; > > > ###### “(VI) > > Zorsecurity; or > > > ###### “(VII) > > any person that the Secretary of State, in consultation with the Director of National Intelligence, determines— > > > ###### “(aa) > > to be part of, or operating for or on behalf of, the defense or intelligence sector of the Government of the Russian Federation; and > > > ###### “(bb) > > has directly participated in or facilitated cyber intrusions by the Government of the Russian Federation; and > > > ###### “(ii) > > would not— > > > ###### “(I) > > endanger the integrity of any multilateral alliance of which the United States is a part; > > > ###### “(II) > > adversely affect ongoing operations of the Armed Forces of the United States, including coalition operations in which the Armed Forces of the United States participate; > > > ###### “(III) > > result in a significant negative impact to defense cooperation between the United States and the country whose government has primary jurisdiction over the person; and > > > ###### “(IV) > > significantly increase the risk of compromising United States defense systems and operational capabilities; and > > > ##### “(C) > > the government with primary jurisdiction over the person— > > > ###### “(i) > > is taking or will take steps to reduce its inventory of major defense equipment and advanced conventional weapons produced by the defense sector of the Russian Federation as a share of its total inventory of major defense equipment and advanced conventional weapons over a specified period; or > > > ###### “(ii) > > is cooperating with the United States Government on other security matters that are critical to United States strategic interests. > > > #### “(2) Form > > The certification described in paragraph
(1)shall be transmitted in an unclassified form, and may contain a classified annex. > > > #### “(3) Report > > > ##### “(A) In general > > Not later than 120 days after the date on which the President submits a certification described in paragraph
(1)with respect to the waiver of the application of sanctions with respect to a person under this section, and annually thereafter for two years, the Secretary of State and the Secretary of Defense shall jointly submit to the appropriate congressional committees and the Committee on Armed Services of the Senate and the Committee on Armed Services of the House of Representatives a report on the waiver. > > > ##### “(B) Matters to be included > > The report required by subparagraph
(A)shall include— > > > ###### “(i) > > the extent to which such waiver has or has not resulted in the compromise of United States systems and operational capabilities, including through the diversion of United States sensitive technology to a person that is part of, or operates for or on behalf of, the defense or intelligence sectors of the Government of the Russian Federation; and > > > ###### “(ii) > > the extent to which the government with primary jurisdiction over the person is taking specific actions to further the enforcement of this title.” > . ###
(b)Rule of Construction **[**[22 U.S.C. 9525 note](/us/usc/t22/s9525)**]** Nothing in subsection
(d)of section 231 of the Countering America’s Adversaries Through Sanctions Act (Public Law 115-44; 22 U.S.C. 9525), as added by subsection
(a)of this section, shall be construed to modify, waive, or terminate any existing sanctions with respect to the Russian Federation, including any Russian person or entity, that are in effect on the date of the enactment of this Act. ###
(c)Report ####
(1)Initial report Not later than 90 days after the date of the enactment of this Act, the President shall submit to the appropriate congressional committees a report that describes those persons that the President has determined under section 231 of the Countering America’s Adversaries Through Sanctions Act (Public Law 115-44; 22 U.S.C. 9525) have knowingly engaged, on or after August 2, 2017, in a significant transaction with a person that is part of, or operates for or on behalf of, the defense or intelligence sectors of the Government of the Russian Federation, as defined in guidance required under subsection
(e)of that section, as redesignated by subsection (a)(1) of this section. ####
(2)Updates Not later than 90 days after the date of the submission of the report required by paragraph (1), and every 90 days thereafter for a period of 5 years, the President shall submit to the appropriate congressional committees an update to the report required by that paragraph. ####
(3)Elements The report required by paragraph
(1)and each update required by paragraph
(2)shall contain the following: #####
(A)A list of persons that the President has determined under section 231 of the Countering America’s Adversaries Through Sanctions Act (Public Law 115-44; 22 U.S.C. 9525) have knowingly engaged, on or after August 2, 2017, in a significant transaction with a person that is part of, or operates for or on behalf of, the defense or intelligence sectors of the Government of the Russian Federation, as defined in guidance required under subsection
(e)of that section, as redesignated by subsection (a)(1) of this section. #####
(B)For the initial report required by paragraph (1), a year-by-year and country-by-country description of significant transactions from persons described in paragraph (1), dating back to August 2, 2017, and for each update required by paragraph (2), such a description of significant transactions dating back to the date of submission of the most recent report submitted under paragraph
(1)or the most recent update submitted under paragraph (2), as applicable. #####
(C)A description of the significant transactions described in subsection
(a)of such section 231, including, for each such transaction, types of material and equipment involved, the monetary value of the transaction, and the duration of any contract involved. #####
(D)A description of the diplomatic efforts by the Government of the United States, if any, to persuade persons to no longer conduct significant transactions with persons that are part of, or operate for or on behalf of, the defense or intelligence sectors of the Government of the Russian Federation, as defined in guidance required under subsection
(e)of such section 231, as redesignated by subsection (a)(1) of this section. #####
(E)A description of significant transactions with persons that are part of, or operate for or on behalf of, the defense or intelligence sectors of the Government of the Russian Federation, if any, that the Government of the United States through diplomatic efforts was able to persuade persons not to engage in, including a description of each such transaction and the monetary value of the transaction. ####
(4)Form The initial report required by paragraph
(1)and each update required under paragraph
(2)shall be submitted in unclassified form, but may contain a classified annex. ####
(5)Appropriate congressional committees defined In this subsection, the term “appropriate congressional committees” has the meaning given that term in section 221 of the Countering Russian Influence in Europe and Eurasia Act of 2017 (22 U.S.C. 9521) and includes the Committee on Armed Services of the Senate and the Committee on Armed Services of the House of Representatives. ###
(d)Exception Relating to Importation of Goods **[**[22 U.S.C. 9525 note](/us/usc/t22/s9525)**]** No provision affecting sanctions under this section or an amendment made by this section shall apply to any portion of a sanction that affects the importation of goods.
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Sec. 1294
MODIFIED WAIVER AUTHORITY FOR CERTAIN SANCTIONABLE TRANSACTIONS UNDER SECTION 231 OF THE COUNTERING AMERICA’S ADVERSARIES THROUGH SANCTIONS ACT
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