Sec. 104. AUTHORITY TO ENSURE COMPENSATION TO UKRAINE USING SEIZED RUSSIAN SOVEREIGN ASSETS AND RUSSIAN AGGRESSOR STATE SOVEREIGN ASSETS
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## SEC. 104 AUTHORITY TO ENSURE COMPENSATION TO UKRAINE USING SEIZED RUSSIAN SOVEREIGN ASSETS AND RUSSIAN AGGRESSOR STATE SOVEREIGN ASSETS **[**[22 U.S.C. 9521 note](/us/usc/t22/s9521)**]** ###
(a)Reporting on Russian Assets ####
(1)Notice required Not later than 90 days after the date of the enactment of this division, the President shall, by means of such instructions or regulations as the President may prescribe, require any financial institution at which Russian sovereign assets are located, and that knows or should know of such assets, to provide notice of such assets, including relevant information required under section 501.603(b)(ii) of title 31, Code of Federal Regulations (or successor regulations), to the Secretary of the Treasury not later than 10 days after detection of such assets. ####
(2)Report required #####
(A)In general Not later than 180 days after the date of the enactment of this division, and annually thereafter for 3 years, the President shall submit to the appropriate congressional committees a report detailing the status of Russian sovereign assets with respect to which notice has been provided to the Secretary of the Treasury under paragraph (1). #####
(B)Form The report required by subparagraph
(A)shall be submitted in unclassified form, but may include a classified annex. ###
(b)Seizure or Transfer of Assets ####
(1)Seizure of russian aggressor state sovereign assets On and after the date that is 30 days after the President submits to the appropriate congressional committees the certification described in subsection (c), the President may seize, confiscate, transfer, or vest any Russian aggressor state sovereign assets, in whole or in part, and including any interest or interests in such assets, subject to the jurisdiction of the United States for the purpose of transferring those funds to the Ukraine Support Fund established under subsection (d). ####
(2)Vesting For funds confiscated under paragraph (1), all right, title, and interest shall vest in the United States Government, provided that no use of those funds other than the use of those funds consistent with subsection
(f)shall be permitted. ####
(3)Liquidation and deposit The President shall— #####
(A)deposit any funds seized, transferred, or confiscated under paragraph
(1)into the Ukraine Support Fund established under subsection (d); #####
(B)liquidate or sell any other property seized, transferred, or confiscated under paragraph
(1)and deposit the funds resulting from such liquidation or sale into the Ukraine Support Fund; and #####
(C)make all such funds available for the purposes described in subsection (f). ####
(4)Method of seizure, transfer, or confiscation The President may seize, transfer, confiscate or vest Russian aggressor state sovereign assets under paragraph
(1)through instructions or licenses or in such other manner as the President determines appropriate. ###
(c)Certification The certification described in this subsection, with respect to Russian aggressor state sovereign assets, is a certification that— ####
(1)seizing, confiscating, transferring, or vesting Russian aggressor state sovereign assets for the benefit of Ukraine is in the national interests of the United States; ####
(2)the President has meaningfully coordinated with G7 leaders to take multilateral action with regard to any seizure, confiscation, vesting, or transfer of Russian sovereign assets for the benefit of Ukraine; and ####
(3)either— #####
(A)the President has received an official and legitimate request from a properly constituted international mechanism that includes the participation of the Government of Ukraine and the United States and that has been established for the purpose of, or otherwise tasked with, compensating Ukraine for damages arising or resulting from the internationally wrongful acts of the Russian Federation regarding the repurposing of sovereign assets of the Russian Federation; or #####
(B)either— ######
(i)the Russian Federation has not ceased its unlawful aggression against Ukraine; or ######
(ii)the Russian Federation has ceased its unlawful aggression against Ukraine, but— ######
(I)has not provided full compensation to Ukraine for harms resulting from the internationally wrongful acts of the Russian Federation; and ######
(II)is not participating in a bona fide process to provide full compensation to Ukraine for harms resulting from Russian aggression. ###
(d)Establishment of the Ukraine Support Fund ####
(1)Ukraine support fund The President shall establish an account, to be known as the “Ukraine Support Fund”, to consist of any funds with respect to which a seizure is ordered pursuant to subsection (b). ####
(2)Use of funds The funds in the accounts established under paragraph
(1)shall be available to be used only as specified in subsection (f). ###
(e)Rule of Construction Nothing in this section may be construed to provide the President with the authority to seize, transfer, confiscate, or vest title to foreign sovereign assets that are not Russian aggressor state sovereign assets in the United States or transfer any foreign sovereign assets to any recipient for any use other than the uses described in this division. ###
(f)Further Transfer and Use of Funds ####
(1)In general Subject to paragraphs
(2)and (3), Funds in the Ukraine Support Fund shall be available to the Secretary of State, in consultation with the Administrator of the United States Agency for International Development, for the purpose of providing assistance to Ukraine for the damage resulting from the unlawful invasion by the Russian Federation that began on February 24, 2022. ####
(2)Specific permissible uses Subject to paragraph (3), the following are permissible uses of the funds in the Ukraine Support Fund pursuant to paragraph (1): #####
(A)Making contributions to an international body, fund, or mechanism established consistent with section 105(a) that is charged with determining and administering compensation or providing assistance to Ukraine. #####
(B)Supporting reconstruction, rebuilding, and recovery efforts in Ukraine. #####
(C)Providing economic and humanitarian assistance to the people of Ukraine. ####
(3)Notification #####
(A)In general The Secretary of State shall notify the appropriate congressional committees not fewer than 15 days before providing any funds from the Ukraine Support Fund to any other account for the purposes described in paragraph (1). #####
(B)Elements A notification under subparagraph
(A)with respect to the transfer of funds to another account pursuant to paragraph
(1)shall specify— ######
(i)the amount of funds to be provided; ######
(ii)the specific purpose for which such funds are provided; and ######
(iii)the recipient of those funds. ###
(g)Limitation on Transfer of Funds No funds may be transferred or otherwise expended from the Ukraine Support Fund pursuant to subsection
(f)unless the President certifies to the appropriate congressional committees that— ####
(1)a plan exists to ensure transparency and accountability for all funds transferred to and from any account receiving the funds; and ####
(2)the President has transmitted the plan required under paragraph
(1)to the appropriate congressional committees in writing. ###
(h)Joint Resolution of Disapproval No funds may be transferred pursuant to subsection
(f)if, within 15 days of receipt of the notification required under subsection (f)(3), a joint resolution is enacted into law prohibiting such transfer. ###
(i)Report Not later than 90 days after the date of the enactment of this division, and not less frequently than every 180 days thereafter, the President shall submit to the appropriate congressional committees a report that includes the following: ####
(1)An accounting of funds in the Ukraine Support Fund. ####
(2)Any information regarding the disposition of funds in any account to which funds have been transferred pursuant to subsection
(f)that has been transmitted to the President by the institution housing said account during the period covered by the report. ####
(3)A description of United States multilateral and bilateral diplomatic engagement with allies and partners of the United States that also have immobilized Russian sovereign assets to compensate for damages caused by the Russian Federation’s internationally wrongful acts during the period covered by the report. ####
(4)An outline of steps taken to carry out the establishment of the international mechanism described by section 105(a) during the period covered by the report. ###
(j)Exception for United States Obligations Under Treaties The authorities provided by this section may not be exercised in a manner inconsistent with the obligations of the United States under— ####
(1)the Convention on Diplomatic Relations, done at Vienna April 18, 1961, and entered into force April 24, 1964 (23 UST 3227); ####
(2)the Convention on Consular Relations, done at Vienna April 24, 1963, and entered into force on March 19, 1967 (21 UST 77); ####
(3)the Agreement Regarding the Headquarters of the United Nations, signed at Lake Success June 26, 1947, and entered into force November 21, 1947 (TIAS 1676); or ####
(4)any other international agreement to which the United States is a state party on the day before the date of the enactment of this division. ###
(k)Judicial Review ####
(1)Exclusiveness of remedy Notwithstanding any other provision of law, any action taken under this section shall not be subject to judicial review, except as provided in this subsection. ####
(2)Limitations for filing claims A claim may only be brought with respect to an action under this section— #####
(A)that alleges that the action will deny rights under the Constitution of the United States; and #####
(B)if the claim is brought not later than 60 days after the date of such action. ####
(3)Jurisdiction #####
(A)In general A claim under paragraph
(2)of this subsection shall be barred unless a complaint is filed prior to the expiration of such time limits in the United States District Court for the District of Columbia. #####
(B)Appeal An appeal of an order of the United States District Court for the District of Columbia issued pursuant to a claim brought under this subsection shall be taken by a notice of appeal filed with the United States Court of Appeals for the District of Columbia Circuit not later than 10 days after the date on which the order is entered. #####
(C)Expedited consideration It shall be the duty of the United States District Court for the District of Columbia and the United States Court of Appeals for the District of Columbia Circuit to advance on the docket and to expedite to the greatest possible extent the disposition of any claim brought under this subsection. ###
(l)Sunset The authorities conferred under this section shall terminate on the earlier of— ####
(1)the date that is 5 years after the date of the enactment of this division; or ####
(2)the date that is 120 days after the date on which the President determines and certifies to the appropriate congressional committees that— #####
(A)the Russian Federation has reached an agreement relating to the respective withdrawal of Russian forces and cessation of military hostilities that is accepted by the free and independent Government of Ukraine; and #####
(B)######
(i)full compensation has been made to Ukraine for harms resulting from the invasion of Ukraine by the Russian Federation; ######
(ii)the Russian Federation is participating in a bona fide international mechanism that, by agreement, will discharge the obligations of the Russian Federation to compensate Ukraine for all amounts determined to be owed to Ukraine; or ######
(iii)the Russian Federation’s obligation to compensate Ukraine for the damage caused by the Russian Federation’s aggression has been resolved pursuant to an agreement between the Russian Federation and the Government of Ukraine.
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Sec. 104
AUTHORITY TO ENSURE COMPENSATION TO UKRAINE USING SEIZED RUSSIAN SOVEREIGN ASSETS AND RUSSIAN AGGRESSOR STATE SOVEREIGN ASSETS
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