PART B—SANCTIONS WITH RESPECT TO THE RUSSIAN FEDERATION
§9521. Definitions
In this part:
(1) Appropriate congressional committees
The term "appropriate congressional committees" means—
(A) the Committee on Banking, Housing, and Urban Affairs, the Committee on Foreign Relations, and the Committee on Finance of the Senate; and
(B) the Committee on Foreign Affairs, the Committee on Financial Services, and the Committee on Ways and Means of the House of Representatives.
(2) Good
The term "good" has the meaning given that term in section 4618 1 of title 50 (as continued in effect pursuant to the International Emergency Economic Powers Act (
(3) International financial institution
The term "international financial institution" has the meaning given that term in
(4) Knowingly
The term "knowingly", with respect to conduct, a circumstance, or a result, means that a person has actual knowledge, or should have known, of the conduct, the circumstance, or the result.
(5) Person
The term "person" means an individual or entity.
(6) United States person
The term "United States person" means—
(A) a United States citizen or an alien lawfully admitted for permanent residence to the United States; or
(B) 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.
(
Editorial Notes
References in Text
This part, referred to in text, is part 2 (§§221–238) of subtitle A of title II of
The International Emergency Economic Powers Act, referred to in par. (2), is title II of
Statutory Notes and Related Subsidiaries
Rebuilding Economic Prosperity and Opportunity for Ukrainians
"Title I
"SEC. 1. SHORT TITLE; TABLE OF CONTENTS.
"(a)
"(b)
"SEC. 2. DEFINITIONS.
"In this division:
"(1)
"(A) the Russian Federation; and
"(B) Belarus, if the President determines Belarus has engaged in an act of war against Ukraine related to Russia's ongoing February 24, 2022, invasion of Ukraine.
"(2)
"(3)
"(A) the Committee on Foreign Relations and the Committee on Banking, Housing, and Urban Affairs of the Senate; and
"(B) the Committee on Foreign Affairs and the Committee on Financial Services of the House of Representatives.
"(4)
"(5)
"(6)
"(A) Funds and other property of—
"(i) the Central Bank of the Russian Federation;
"(ii) the Russian National Wealth Fund; or
"(iii) the Ministry of Finance of the Russian Federation.
"(B) Any other funds or other property that are owned by the Government of the Russian Federation, including by any subdivision, agency, or instrumentality of that government.
"(7)
"(8)
"(9)
"Title II—Repurposing of Russian Sovereign Assets
"SEC. 101. FINDINGS; SENSE OF CONGRESS.
"(a)
"(1) On February 24, 2022, the Government of the Russian Federation violated the sovereignty and territorial integrity of Ukraine by engaging in a premeditated, second illegal invasion of Ukraine.
"(2) The international community has condemned the illegal invasions of Ukraine by the Russian Federation, as well as the commission of the crime of aggression, war crimes, crimes against humanity, and genocide by officials of the Russian Federation, including through the deliberate targeting of civilians and civilian infrastructure, the forcible transfer of children, and the commission of sexual violence.
"(3) The leaders of the G7 have called the Russian Federation's 'unprovoked and completely unjustified attack on the democratic state of Ukraine' a 'serious violation of international law and a grave breach of the United Nations Charter and all commitments Russia entered in the Helsinki Final Act and the Charter of Paris and its commitments in the Budapest Memorandum'.
"(4) On March 2, 2022, the United Nations General Assembly adopted Resolution ES–11/1, entitled 'Aggression against Ukraine', by a vote of 141 to 5. That resolution 'deplore[d] [probably should be "[d]eplore[d]"] in the strongest terms the aggression by the Russian Federation against Ukraine in violation of Article 2(4) of the [United Nations] Charter' and demanded that the Russian Federation 'immediately cease its use of force against Ukraine' and 'immediately, completely and unconditionally withdraw all of its military forces from the territory of Ukraine within its internationally recognized borders'.
"(5) On March 16, 2022, the International Court of Justice issued a provisional measures order requiring the Russian Federation to 'immediately suspend the military operations that it commenced on 24 February 2022 in the territory of Ukraine' and, in this regard, observed that 'orders on provisional measures . . . have binding effect'.
"(6) On November 14, 2022, the United Nations General Assembly adopted a resolution [Resolution ES–11/5]—
"(A) recognizing that the Russian Federation has committed a serious breach of the most fundamental norms of international law and its gross and systematic refusal to obey its obligations has affected the entire international community;
"(B) recognizing the need for the establishment, in cooperation with Ukraine, of an international mechanism for compensation for financially assessable damages caused by the Russian Federation's internationally wrongful acts; and
"(C) recommending 'the creation . . . of an international register of damage to serve as a record . . . of evidence and claims information on damage, loss or injury to all natural and legal persons concerned, as well as the State of Ukraine, caused by internationally wrongful acts of the Russian Federation in or against Ukraine . . . . [sic]'.
"(7) The Russian Federation bears international legal responsibility for its aggression against Ukraine and, under international law, must cease its internationally wrongful acts. Because of this breach of the prohibition on aggression under international law, the United States is legally entitled to take counter measures that are proportionate and aimed at inducing the Russian Federation to comply with its international obligations.
"(8) Approximately $300,000,000,000 of Russian sovereign assets have been immobilized worldwide. Only a small fraction of those assets, 1 to 2 percent, or between $4,000,000,000 and $5,000,000,000, are reportedly subject to the jurisdiction of the United States.
"(9) The vast majority of immobilized Russian sovereign assets, approximately $190,000,000,000, are reportedly subject to the jurisdiction of Belgium. The Government of Belgium has publicly indicated that any action by that Government regarding those assets would be predicated on support by the G7.
"(b)
"SEC. 102. SENSE OF CONGRESS REGARDING IMPORTANCE OF THE RUSSIAN FEDERATION PROVIDING COMPENSATION TO UKRAINE.
"It is the sense of Congress that—
"(1) the Russian Federation bears responsibility for the financial burden of the reconstruction of Ukraine and for countless other costs associated with the illegal invasion of Ukraine by the Russian Federation that began on February 24, 2022;
"(2) the most effective ways to provide compensation for the damages caused by the Russian Federation's internationally wrongful acts should be assessed by an international mechanism charged with determining compensation and providing assistance to Ukraine;
"(3) at least since November 2022 the Russian Federation has been on notice of its opportunity to comply with its international obligations, including to make full compensation for injury, or, by agreement with Ukraine, to authorize an international mechanism to resolve issues regarding compensation to Ukraine;
"(4) the Russian Federation can, by negotiated agreement, participate in any international process to assess the damages caused by the Russian Federation's internationally wrongful acts and make funds available to compensate for these damages, and if it fails to do so, the United States and other countries should explore all avenues for ensuring compensation to Ukraine;
"(5) the President should lead robust engagement on all bilateral and multilateral aspects of the response by the United States to acts by the Russian Federation that undermine the sovereignty and territorial integrity of Ukraine, including on any policy coordination and alignment regarding the repurposing or ordered transfer of Russian sovereign assets in the context of determining compensation and providing assistance to Ukraine;
"(6) as part of the robust engagement on bilateral and multilateral responses to acts by the Russian Federation that undermine the sovereignty and territorial integrity of Ukraine, the President should endeavor to facilitate creation of, and United States participation in, an international mechanism regarding the repurposing or seizure of sovereign assets of the Russian Federation for the benefit of Ukraine.[;]
"(7) the repurposing of Russian sovereign assets is in the national interests of the United States and consistent with United States and international law;
"(8) the United States should work with international allies and partners on the repurposing of Russian sovereign assets as part of a coordinated, multilateral effort, including with G7 countries and other countries in which Russian sovereign assets are located; and
"(9) any effort by the United States to confiscate and repurpose Russian sovereign assets should be undertaken alongside international allies and partners as part of a coordinated, multilateral effort, including with G7 countries, the European Union, Australia, and other countries in which Russian sovereign assets are located.
"SEC. 103. PROHIBITION ON RELEASE OF BLOCKED RUSSIAN SOVEREIGN ASSETS.
"(a)
"(1) hostilities between the Russian Federation and Ukraine have ceased; and
"(2)(A) full compensation has been made to Ukraine for harms resulting from the invasion of Ukraine by the Russian Federation; or
"(B) 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.
"(b)
"(1) a notification of the decision to take the action that releases or mobilizes the asset; and
"(2) a justification in writing for such decision.
"(c)
"(1)
"(2)
"(d)
"SEC. 104. AUTHORITY TO ENSURE COMPENSATION TO UKRAINE USING SEIZED RUSSIAN SOVEREIGN ASSETS AND RUSSIAN AGGRESSOR STATE SOVEREIGN ASSETS.
"(a)
"(1)
"(2)
"(A)
"(B)
"(b)
"(1)
"(2)
"(3)
"(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)
"(c)
"(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)
"(1)
"(2)
"(e)
"(f)
"(1)
"(2)
"(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)
"(A)
"(B)
"(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)
"(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)
"(i)
"(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)
"(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)
"(1)
"(2)
"(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)
"(A)
"(B)
"(C)
"(l)
"(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.
"SEC. 105. INTERNATIONAL MECHANISM TO USE RUSSIAN SOVEREIGN ASSETS AND RUSSIAN AGGRESSOR STATE SOVEREIGN ASSETS TO PROVIDE FOR THE RECONSTRUCTION OF UKRAINE.
"(a)
"(1) supporting a register of damage to serve as a record of evidence and for assessment of the financially assessable damages to Ukraine resulting from the invasions of Ukraine by the Russian Federation and operations or actions in support thereof;
"(2) establishing a mechanism to compensate Ukraine for damages caused by Russia's internationally wrongful acts connected with the invasions of Ukraine;
"(3) ensuring distribution of those assets or the proceeds of those assets based on determinations under that mechanism; and
"(4) taking such other actions as may be necessary to carry out this section.
"(b)
"(c)
"(d)
"(1) seek to ensure that any fund or mechanism established consistent with subsection (a) operates in accordance with established international accounting principles;
"(2) seek to ensure that any fund or mechanism established consistent with subsection (a) is—
"(A) staffed, operated, and administered in accordance with established accounting rules and governance procedures, including providing for payment of reasonable expenses from the fund for the governance and operation of the fund and the tribunal;
"(B) operated transparently as to all funds transfers, filings, and decisions; and
"(C) audited on a regular basis by an independent auditor, in accordance with internationally accepted accounting and auditing standards;
"(3) seek to ensure that any audits of any fund or mechanism established consistent with subsection (a) shall be made available to the public; and
"(4) ensure that any audits of any fund or mechanism established consistent with subsection (a) shall be reviewed and reported on by the Government Accountability Office to the appropriate congressional committees and the public.
"(e)
"(1) the institution housing the fund or mechanism has a plan to ensure transparency and accountability for all funds transferred to and from the fund or mechanism established consistent with subsection (a); and
"(2) the President has transmitted the plan required under paragraph (1) to the appropriate congressional committees in writing.
"(f)
"(g)
"(1) An accounting of funds in any fund or mechanism established consistent with subsection (a).
"(2) Any information regarding the disposition of any such fund or mechanism that has been transmitted to the President by the institution housing the fund or mechanism 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 allow for compensation for Ukraine during the period covered by the report.
"(4) An outline of steps taken to carry out this section during the period covered by the report.
"SEC. 106. REPORT ON USE OF TRANSFERRED RUSSIAN SOVEREIGN ASSETS FOR RECONSTRUCTION.
"Not later than 90 days after the date of the enactment of this division [Apr. 24, 2024], and every 180 days thereafter, the Secretary of State, in consultation with the Secretary of the Treasury, shall submit to the appropriate congressional committees a report that contains—
"(1) the amount and source of Russian sovereign assets seized, transferred, or confiscated pursuant to section 104(b);
"(2) the amount and source of funds deposited into the Ukraine Support Fund under section 104(b)(3); and
"(3) a detailed description and accounting of how such funds were used to meet the purposes described in section 104(f).
"SEC. 107. ASSESSMENT BY SECRETARY OF STATE AND ADMINISTRATOR OF USAID ON RECONSTRUCTION AND REBUILDING NEEDS OF UKRAINE.
"(a)
"(b)
"(1) An estimate of the rebuilding and reconstruction needs of Ukraine, as of the date of the assessment, resulting from the unlawful invasion of Ukraine by the Russian Federation, including—
"(A) a description of the sources and methods for the estimate; and
"(B) an identification of the locations or regions in Ukraine with the most pressing needs.
"(2) An estimate of the humanitarian needs, as of the date of the assessment, of the people of Ukraine, including Ukrainians residing inside the internationally recognized borders of Ukraine or outside those borders, resulting from the unlawful invasion of Ukraine by the Russian Federation.
"(3) An assessment of the extent to which the needs described in paragraphs (1) and (2) have been met or funded, by any source, as of the date of the assessment.
"(4) A plan to engage in robust multilateral and bilateral diplomacy to ensure that allies and partners of the United States, particularly in the European Union as Ukraine seeks accession to the European Union, increase their commitment to Ukraine's reconstruction.
"(5) An identification of which such needs should be prioritized, including any assessment or request by the Government of Ukraine with respect to the prioritization of such needs.
"SEC. 108. EXTENSIONS.
"[Amended section 5(a) of
Imposition of Sanctions With Respect to the Sale, Supply, or Transfer of Gold to or From Russia
"(a)
"(1) shall submit to Congress a report identifying foreign persons that knowingly participated in a significant transaction—
"(A) for the sale, supply, or transfer (including transportation) of gold, directly or indirectly, to or from the Russian Federation or the Government of the Russian Federation, including from reserves of the Central Bank of the Russian Federation held outside the Russian Federation; or
"(B) that otherwise involved gold in which the Government of the Russian Federation had any interest; and
"(2) shall impose the sanctions described in subsection (b)(1) with respect to each such person; and
"(3) may impose the sanctions described in subsection (b)(2) with respect to any such person that is an alien.
"(b)
"(1)
"(2)
"(A)
"(i) inadmissible to the United States;
"(ii) ineligible to receive a visa or other documentation to enter the United States; and
"(iii) otherwise ineligible to be admitted or paroled into the United States or to receive any other benefit under the Immigration and Nationality Act (
"(B)
"(i)
"(ii)
"(I) take effect immediately; and
"(II) automatically cancel any other valid visa or entry documentation that is in the alien's possession.
"(c)
"(1)
"(2)
"(d)
"(1) determines that such a waiver is in the national interests of the United States; and
"(2) submits to Congress a notification of the waiver and the reasons for the waiver.
"(e)
"(1)
"(A) the date that is 3 years after the date of the enactment of this Act; or
"(B) the date that is 30 days after the date on which the President certifies to Congress that—
"(i) the Government of the Russian Federation has ceased its destabilizing activities with respect to the sovereignty and territorial integrity of Ukraine; and
"(ii) such termination in the national interests of the United States.
"(2)
"(A)
"(B)
"(i) the violation occurred before the termination date; or
"(ii) the person involved in the violation continues to be subject to sanctions pursuant to subparagraph (A).
"(f)
"(1)
"(2)
"(3)
"(4)
"(A)
"(B)
"(g)
"(1) The terms 'admission', 'admitted', 'alien', and 'lawfully admitted for permanent residence' have the meanings given those terms in section 101 of the Immigration and Nationality Act (
"(2) The term 'foreign person' means an individual or entity that is not a United States person.
"(3) The term 'knowingly', with respect to conduct, a circumstance, or a result, means that a person has actual knowledge, or should have known, of the conduct, the circumstance, or the result.
"(4) The term 'United States person' means—
"(A) a United States citizen or an alien lawfully admitted for permanent residence to the United States;
"(B) an entity organized under the laws of the United States or any jurisdiction within the United States, including a foreign branch of such an entity; or
"(C) any person in the United States."
Executive Documents
Ex. Ord. No. 13849. Authorizing the Implementation of Certain Sanctions Set Forth in the Countering America's Adversaries Through Sanctions Act
Ex. Ord. No. 13849, Sept. 20, 2018, 83 F.R. 48195, provided:
By the authority vested in me as President by the Constitution and the laws of the United States of America, including the International Emergency Economic Powers Act (
I, DONALD J. TRUMP, President of the United States of America, in order to take additional steps with respect to the national emergencies declared in Executive Order 13660 of March 6, 2014, as expanded in scope and relied upon for additional steps taken in subsequent Executive Orders, and Executive Order 13694 of April 1, 2015, as relied upon for additional steps taken in Executive Order 13757 of December 28, 2016 [listed in a table under
(i) prohibit any United States financial institution from making loans or providing credits to the sanctioned person totaling more than $10,000,000 in any 12-month period, unless the person is engaged in activities to relieve human suffering and the loans or credits are provided for such activities;
(ii) prohibit any transactions in foreign exchange that are subject to the jurisdiction of the United States and in which the sanctioned person has any interest;
(iii) prohibit any transfers of credit or payments between financial institutions, or by, through, or to any financial institution, to the extent that such transfers or payments are subject to the jurisdiction of the United States and involve any interest of the sanctioned person;
(iv) block all property and interests in property of the sanctioned person that are in the United States, that hereafter come within the United States, or that are or hereafter come within the possession or control of any United States person, and provide that such property and interests in property may not be transferred, paid, exported, withdrawn, or otherwise dealt in;
(v) prohibit any United States person from investing in or purchasing significant amounts of equity or debt instruments of the sanctioned person; or
(vi) impose on the principal executive officer or officers of the sanctioned person, or on persons performing similar functions and with similar authorities as such officer or officers, the sanctions described in subsections (a)(i)–(a)(v) of this section, as selected by the President, the Secretary of State, or the Secretary of the Treasury.
(b) The prohibitions in subsection (a)(iv) of this section include:
(i) the making of any contribution or provision of funds, goods, or services by, to, or for the benefit of any sanctioned person whose property and interests in property are blocked pursuant to this order; and
(ii) the receipt of any contribution or provision of funds, goods, or services from any such sanctioned person.
(c) The prohibitions in this section apply except to the extent provided by statutes, or in regulations, orders, directives, or licenses that may be issued pursuant to this order, and notwithstanding any contract entered into or any license or permit granted prior to the date of this order [Sept. 20, 2018].
(i) The Export-Import Bank shall deny approval of the issuance of any guarantee, insurance, extension of credit, or participation in an extension of credit in connection with the export of any goods or services to the sanctioned person;
(ii) Departments and agencies shall not issue any specific license or grant any other specific permission or authority under any statute that requires the prior review or approval of the United States Government as a condition for the export or reexport of goods or technology to the sanctioned person;
(iii) The United States executive director of each international financial institution shall use the voice and vote of the United States to oppose any loan from the international financial institution that would benefit the sanctioned person;
(iv) With respect to a sanctioned person that is a financial institution: the Board of Governors of the Federal Reserve System and the Federal Reserve Bank of New York shall not designate, or permit the continuation of any prior designation of, the sanctioned person as a primary dealer in United States Government debt instruments; and departments and agencies shall prevent the sanctioned person from serving as an agent of the United States Government or serving as a repository for United States Government funds;
(v) Departments and agencies shall not procure, or enter into a contract for the procurement of, any goods or services from the sanctioned person;
(vi) The Secretary of State shall deny a visa to, and the Secretary of Homeland Security shall exclude from the United States, any alien that the President, the Secretary of State, or the Secretary of the Treasury determines is a corporate officer or principal of, or a shareholder with a controlling interest in, the sanctioned person by treating the person as covered by section 1 of Proclamation 8693 of July 24, 2011 (Suspension of Entry of Aliens Subject to United Nations Security Council Travel Bans and International Emergency Economic Powers Act Sanctions) [
(vii) The heads of the relevant departments and agencies, as appropriate, shall impose on the principal executive officer or officers of the sanctioned person, or on persons performing similar functions and with similar authorities as such officer or officers, the sanctions described in subsections (a)(i)–(a)(vi) of this section, as selected by the President, the Secretary of State, or the Secretary of the Treasury.
(b) The prohibitions in this section apply except to the extent provided by statutes, or in regulations, orders, directives, or licenses that may be issued pursuant to this order, and notwithstanding any contract entered into or any license or permit granted prior to the date of this order.
(i) block all property and interests in property of the sanctioned person that are in the United States, that hereafter come within the United States, or that are or hereafter come within the possession or control of any United States person, and provide that such property and interests in property may not be transferred, paid, exported, withdrawn, or otherwise dealt in;
(ii) prohibit any transfers of credit or payments between financial institutions, or by, through, or to any financial institution, to the extent that such transfers or payments are subject to the jurisdiction of the United States and involve any interest of the sanctioned person;
(iii) prohibit any United States person from transacting in, providing financing for, or otherwise dealing in certain debt or equity of the sanctioned person, in accordance with section 4(c)(7) of UFSA; or
(iv) impose on the principal executive officer or officers of the sanctioned person, or on persons performing similar functions and with similar authorities as such officer or officers, the sanctions described in subsections (a)(i)–(a)(iii) of this section, as selected by the President, the Secretary of State, or the Secretary of the Treasury.
(b) The prohibitions in subsection (a)(i) of this section include:
(i) the making of any contribution or provision of funds, goods, or services by, to, or for the benefit of any sanctioned person whose property and interests in property are blocked pursuant to this order; and
(ii) the receipt of any contribution or provision of funds, goods, or services from any such sanctioned person.
(c) The prohibitions in this section apply except to the extent provided by statutes, or in regulations, orders, directives, or licenses that may be issued pursuant to this order, and notwithstanding any contract entered into or any license or permit granted prior to the date of this order.
(i) The Export-Import Bank shall deny approval of the issuance of any guarantee, insurance, extension of credit, or participation in an extension of credit in connection with the export of any goods or services to the sanctioned person;
(ii) Departments and agencies shall not procure, or enter into a contract for the procurement of, any goods or services from the sanctioned person;
(iii) Departments and agencies shall prohibit the exportation, or provision by sale, lease or loan, grant, or other means, directly or indirectly, of any defense article or defense service to the sanctioned person and shall not issue any license or other approval to the sanctioned person under section 38 of the Arms Export Control Act (
(iv) Departments and agencies shall not issue any license, and shall suspend any license, for the transfer to the sanctioned person of any item the export of which is controlled under the Export Control Reform Act of 2018 (subtitle B of title XVII of
(v) The Secretary of State shall deny a visa to, and the Secretary of Homeland Security shall exclude from the United States, the sanctioned person by treating the person as covered by section 1 of Proclamation 8693; or
(vi) The heads of the relevant departments and agencies, as appropriate, shall impose on the principal executive officer or officers of the sanctioned person, or on persons performing similar functions and with similar authorities as such officer or officers, the sanctions described in subsections (a)(i)–(a)(v) of this section, as selected by the President, the Secretary of State, or the Secretary of the Treasury.
(b) The prohibitions in this section apply except to the extent provided by statutes, or in regulations, orders, directives, or licenses that may be issued pursuant to this order, and notwithstanding any contract entered into or any license or permit granted prior to the date of this order.
(b) Any conspiracy formed to violate any of the prohibitions set forth in this order is prohibited.
(a) the term "person" means an individual or entity;
(b) the term "entity" means a partnership, association, trust, joint venture, corporation, group, subgroup, or other organization;
(c) the term "United States person" means any United States citizen, permanent resident alien, entity organized under the laws of the United States or any jurisdiction within the United States (including foreign branches), or any person within the United States;
(d) the term "financial institution" includes: (i) a depository institution (as defined in section 3(c)(1) of the Federal Deposit Insurance Act (
(e) the term "international financial institution" has the meaning given that term in section 1701(c) of the International Financial Institutions Act (
(f) the term "United States financial institution" means a financial institution (including its foreign branches) organized under the laws of the United States or of any jurisdiction within the United States or located in the United States; and
(g) the term "sanctioned person" means a person that the President, or the Secretary of State or the Secretary of the Treasury pursuant to authority delegated by the President and in accordance with the terms of such delegation, has determined is a person on whom sanctions shall be imposed pursuant to sections 224(a)(2), 224(a)(3), 231(a), 232(a), or 233(a) of CAATSA or sections 4(a) or 4(b) of UFSA and on whom the President, the Secretary of State, or the Secretary of the Treasury has imposed any of the sanctions in section 235 of CAATSA or section 4(c) of UFSA.
(i) the authority granted by law to an executive department or agency, or the head thereof; or
(ii) the functions of the Director of the Office of Management and Budget relating to budgetary, administrative, or legislative proposals.
(b) This order shall be implemented consistent with applicable law and subject to the availability of appropriations.
(c) This order is not intended to, and does not, create any right or benefit, substantive or procedural, enforceable at law or in equity by any party against the United States, its departments, agencies, or entities, its officers, employees, or agents, or any other person.
Donald J. Trump.
1 See References in Text note below.
§9522. Codification of sanctions relating to the Russian Federation
(a) Codification
United States sanctions provided for in Executive Order No. 13660 (79 Fed. Reg. 13493; relating to blocking property of certain persons contributing to the situation in Ukraine), Executive Order No. 13661 (79 Fed. Reg. 15535; relating to blocking property of additional persons contributing to the situation in Ukraine), Executive Order No. 13662 (79 Fed. Reg. 16169; relating to blocking property of additional persons contributing to the situation in Ukraine), Executive Order No. 13685 (79 Fed. Reg. 77357; relating to blocking property of certain persons and prohibiting certain transactions with respect to the Crimea region of Ukraine), Executive Order No. 13694 (80 Fed. Reg. 18077; relating to blocking the property of certain persons engaging in significant malicious cyber-enabled activities), and Executive Order No. 13757 (82 Fed. Reg. 1; relating to taking additional steps to address the national emergency with respect to significant malicious cyber-enabled activities), as in effect on the day before August 2, 2017, including with respect to all persons sanctioned under such Executive orders, shall remain in effect except as provided in subsection (b).
(b) Termination of certain sanctions
Subject to
(1) the person is not engaging in the activity that was the basis for the sanctions or has taken significant verifiable steps toward stopping the activity; and
(2) the President has received reliable assurances that the person will not knowingly engage in activity subject to sanctions described in subsection (a) in the future.
(c) Application of new cyber sanctions
The President may waive the initial application under subsection (a) of sanctions with respect to a person under Executive Order No. 13694 or 13757 only if the President submits to the appropriate congressional committees—
(1) a written determination that the waiver—
(A) is in the vital national security interests of the United States; or
(B) will further the enforcement of this chapter; and
(2) a certification that the Government of the Russian Federation has made significant efforts to reduce the number and intensity of cyber intrusions conducted by that Government.
(d) Application of new Ukraine-related sanctions
The President may waive the initial application under subsection (a) of sanctions with respect to a person under Executive Order No. 13660, 13661, 13662, or 13685 only if the President submits to the appropriate congressional committees—
(1) a written determination that the waiver—
(A) is in the vital national security interests of the United States; or
(B) will further the enforcement of this chapter; and
(2) a certification that the Government of the Russian Federation is taking steps to implement the Minsk Agreement to address the ongoing conflict in eastern Ukraine, signed in Minsk, Belarus, on February 11, 2015, by the leaders of Ukraine, Russia, France, and Germany, the Minsk Protocol, which was agreed to on September 5, 2014, and any successor agreements that are agreed to by the Government of Ukraine.
(
Editorial Notes
References in Text
Executive Order No. 13660, referred to in subsecs. (a) and (d), is Ex. Ord. No. 13660, Mar. 6, 2014, 79 F.R. 13493, which is listed in a table under
Executive Order No. 13661, referred to in subsecs. (a) and (d), is Ex. Ord. No. 13661, Mar. 16, 2014, 79 F.R. 15535, which is listed in a table under
Executive Order No. 13662, referred to in subsecs. (a) and (d), is Ex. Ord. No. 13662, Mar. 20, 2014, 79 F.R. 16169, which is listed in a table under
Executive Order No. 13685, referred to in subsecs. (a) and (d), is Ex. Ord. No. 13685, Dec. 19, 2014, 79 F.R. 77357, which is listed in a table under
Executive Order No. 13694, referred to in subsecs. (a) and (c), is Ex. Ord. No. 13694, Apr. 1, 2015, 80 F.R. 18077, which is listed in a table under
Executive Order No. 13757, referred to in subsecs. (a) and (c), is Ex. Ord. No. 13757, Dec. 28, 2016, 82 F.R. 1. Sections 1 to 3 of the Order amended Ex. Ord. No. 13694, which is listed in a table under
This chapter, referred to in subsecs. (c)(1)(B) and (d)(1)(B), was in the original "this title", meaning title II of
Statutory Notes and Related Subsidiaries
Isolate Russian Government Officials Act of 2022
"(a)
"(1) Group of 20.
"(2) Bank for International Settlements.
"(3) Basel Committee for Banking Standards.
"(4) Financial Stability Board.
"(5) International Association of Insurance Supervisors.
"(6) International Organization of Securities Commissions.
"(b)
"(c)
"(1) the date that is 5 years after the date of the enactment of this Act [Dec. 23, 2022]; or
"(2) the date that is 30 days after the date on which the President reports to Congress that the Government of the Russian Federation has ceased its destabilizing activities with respect to the sovereignty and territorial integrity of Ukraine.
"(d)
§9523. Modification of implementation of Executive Order No. 13662
(a) Determination that certain entities are subject to sanctions
The Secretary of the Treasury may determine that a person meets one or more of the criteria in section 1(a) of Executive Order No. 13662 if that person is a state-owned entity operating in the railway or metals and mining sector of the economy of the Russian Federation.
(b) Modification of Directive 1 with respect to the financial services sector of the Russian Federation economy
Not later than 60 days after August 2, 2017, the Secretary of the Treasury shall modify Directive 1 (as amended), dated September 12, 2014, issued by the Office of Foreign Assets Control under Executive Order No. 13662, or any successor directive (which shall be effective beginning on the date that is 60 days after the date of such modification), to ensure that the directive prohibits the conduct by United States persons or persons within the United States of all transactions in, provision of financing for, and other dealings in new debt of longer than 14 days maturity or new equity of persons determined to be subject to the directive, their property, or their interests in property.
(c) Modification of Directive 2 with respect to the energy sector of the Russian Federation economy
Not later than 60 days after August 2, 2017, the Secretary of the Treasury shall modify Directive 2 (as amended), dated September 12, 2014, issued by the Office of Foreign Assets Control under Executive Order No. 13662, or any successor directive (which shall be effective beginning on the date that is 60 days after the date of such modification), to ensure that the directive prohibits the conduct by United States persons or persons within the United States of all transactions in, provision of financing for, and other dealings in new debt of longer than 60 days maturity of persons determined to be subject to the directive, their property, or their interests in property.
(d) Modification of Directive 4
Not later than 90 days after August 2, 2017, the Secretary of the Treasury shall modify Directive 4, dated September 12, 2014, issued by the Office of Foreign Assets Control under Executive Order No. 13662, or any successor directive (which shall be effective beginning on the date that is 90 days after the date of such modification), to ensure that the directive prohibits the provision, exportation, or reexportation, directly or indirectly, by United States persons or persons within the United States, of goods, services (except for financial services), or technology in support of exploration or production for new deepwater, Arctic offshore, or shale projects—
(1) that have the potential to produce oil; and
(2) that involve any person determined to be subject to the directive or the property or interests in property of such a person who has a controlling interest or a substantial non-controlling ownership interest in such a project defined as not less than a 33 percent interest.
(
Editorial Notes
References in Text
Executive Order No. 13662, referred to in section catchline and text, is Ex. Ord. No. 13662, Mar. 20, 2014, 79 F.R. 16169, which is listed in a table under
§9524. Imposition of sanctions with respect to activities of the Russian Federation undermining cybersecurity
(a) In general
On and after the date that is 60 days after August 2, 2017, the President shall—
(1) impose the sanctions described in subsection (b) with respect to any person that the President determines—
(A) knowingly engages in significant activities undermining cybersecurity against any person, including a democratic institution, or government on behalf of the Government of the Russian Federation; or
(B) is owned or controlled by, or acts or purports to act for or on behalf of, directly or indirectly, a person described in subparagraph (A);
(2) impose five or more of the sanctions described in
(3) impose three or more of the sanctions described in
(b) Sanctions described
The sanctions described in this subsection are the following:
(1) Asset blocking
The exercise of all powers granted to the President by the International Emergency Economic Powers Act (
(2) Exclusion from the United States and revocation of visa or other documentation
In the case of an alien determined by the President to be subject to subsection (a)(1), denial of a visa to, and exclusion from the United States of, the alien, and revocation in accordance with
(c) Application of new cyber sanctions
The President may waive the initial application under subsection (a) of sanctions with respect to a person only if the President submits to the appropriate congressional committees—
(1) a written determination that the waiver—
(A) is in the vital national security interests of the United States; or
(B) will further the enforcement of this chapter; and
(2) a certification that the Government of the Russian Federation has made significant efforts to reduce the number and intensity of cyber intrusions conducted by that Government.
(d) Significant activities undermining cybersecurity defined
In this section, the term "significant activities undermining cybersecurity" includes—
(1) significant efforts—
(A) to deny access to or degrade, disrupt, or destroy an information and communications technology system or network; or
(B) to exfiltrate, degrade, corrupt, destroy, or release information from such a system or network without authorization for purposes of—
(i) conducting influence operations; or
(ii) causing a significant misappropriation of funds, economic resources, trade secrets, personal identifications, or financial information for commercial or competitive advantage or private financial gain;
(2) significant destructive malware attacks; and
(3) significant denial of service activities.
(
Editorial Notes
References in Text
The International Emergency Economic Powers Act, referred to in subsec. (b)(1), is title II of
This chapter, referred to in subsec. (c)(1)(B), was in the original "this title", meaning title II of
§9525. Imposition of sanctions with respect to persons engaging in transactions with the intelligence or defense sectors of the Government of the Russian Federation
(a) In general
On and after the date that is 180 days after August 2, 2017, the President shall impose five or more of the sanctions described in
(b) Application of new sanctions
The President may waive the initial application of sanctions under subsection (a) with respect to a person only if the President submits to the appropriate congressional committees—
(1) a written determination that the waiver—
(A) is in the vital national security interests of the United States; or
(B) will further the enforcement of this chapter; and
(2) a certification that the Government of the Russian Federation has made significant efforts to reduce the number and intensity of cyber intrusions conducted by that Government.
(c) Delay of imposition of sanctions
The President may delay the imposition of sanctions under subsection (a) with respect to a person if the President certifies to the appropriate congressional committees, not less frequently than every 180 days while the delay is in effect, that the person is substantially reducing the number of significant transactions described in subsection (a) in which that person engages.
(d) Modified waiver authority for certain sanctionable transactions under this section
(1) In general
The President may use the authority under
(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.
(e) Requirement to issue guidance
Not later than 60 days after August 2, 2017, the President shall issue regulations or other guidance to specify the persons that are part of, or operate for or on behalf of, the defense and intelligence sectors of the Government of the Russian Federation.
(f) Penalties
A person that violates, attempts to violate, conspires to violate, or causes a violation of subsection (a) or any regulation, license, or order issued to carry out subsection (a) shall be subject to the penalties set forth in subsections (b) and (c) of
(
Editorial Notes
References in Text
This chapter, referred to in subsec. (b)(1)(B), was in the original "this title", meaning title II of
Amendments
2018—Subsecs. (d) to (f).
Statutory Notes and Related Subsidiaries
Construction
Determination and Imposition of Sanctions With Respect to Turkey's Acquisition of the S–400 Air Defense System
"(a)
"(1) to deter aggression against North Atlantic Treaty Organization (NATO) allies by the Russian Federation or any other adversary;
"(2) to continue to work with NATO allies to ensure they meet their alliance defense commitments, including through adequate and efficient investments in national defense;
"(3) to work to maintain and strengthen the democratic institutions and practices of all NATO allies, in accordance with the goals of Article 2 of the North Atlantic Treaty;
"(4) to ensure that Turkey remains a critical NATO ally and important military partner for the United States, contributing to key NATO and United States missions and providing support for United States military operations and logistics needs;
"(5) to assist NATO allies in acquiring and deploying modern, NATO-interoperable military equipment and reducing their dependence on Russian or former Soviet-era defense articles;
"(6) to promote opportunities to strengthen the capacity of NATO member states to counter Russian malign influence; and
"(7) to enforce fully the Countering America's Adversaries Through Sanctions Act (
"(b)
"(c)
"(d)
"(1)
"(2)
"(e)
"(1) the Government of Turkey and any person acting on its behalf no longer possesses the S–400 air defense system or a successor system;
"(2) no S-400 air defense system or successor system is operated or maintained inside Turkey by nationals of the Russian Federation or persons acting on behalf of the Government of the Russian Federation or the defense sector of the Russian Federation; and
"(3) the President has received reliable assurances from the Government of Turkey that the Government of Turkey will not knowingly engage, or allow any foreign person to engage on its behalf, in pursuing any activity subject to sanctions under section 231 of the Countering America's Adversaries Through Sanctions Act (
"(f)
"(1) the Committee on Foreign Relations and the Committee on Armed Services of the Senate; and
"(2) the Committee on Foreign Affairs and the Committee on Armed Services of the House of Representatives."
Exception Relating to Importation of Goods
Executive Documents
Delegation of Authorities Under Section 1294 of the National Defense Authorization Act for Fiscal Year 2019
Memorandum of President of the United States, Oct. 26, 2018, 83 F.R. 57671, provided:
Memorandum for the Secretary of State[,] the Secretary of the Treasury[,] the Secretary of Defense[, and] the Assistant to the President for National Security Affairs
By the authority vested in me as President by the Constitution and the laws of the United States of America, including
The delegation in this memorandum shall apply to any provision of any future public law that is the same or substantially the same as the provision referenced in this memorandum.
The Secretary of State is authorized and directed to publish this memorandum in the Federal Register.
Donald J. Trump.
§9526. Sanctions with respect to the development of pipelines in the Russian Federation
(a) In general
The President, in coordination with allies of the United States, may impose five or more of the sanctions described in
(1) any of which has a fair market value of $1,000,000 or more; or
(2) that, during a 12-month period, have an aggregate fair market value of $5,000,000 or more.
(b) Investment described
An investment described in this subsection is an investment that directly and significantly contributes to the enhancement of the ability of the Russian Federation to construct energy export pipelines.
(c) Goods, services, technology, information, or support described
Goods, services, technology, information, or support described in this subsection are goods, services, technology, information, or support that could directly and significantly facilitate the maintenance or expansion of the construction, modernization, or repair of energy export pipelines by the Russian Federation.
(
Statutory Notes and Related Subsidiaries
Protecting Europe's Energy Security
"SEC. 7501. SHORT TITLE.
"This title may be cited as the 'Protecting Europe's Energy Security Act of 2019'.
"SEC. 7502. SENSE OF CONGRESS.
"It is the sense of Congress that—
"(1) the United States and Europe share a common history, a common identity, and common values built upon the principles of democracy, rule of law, and individual freedoms;
"(2) the United States has encouraged and admired the European project, which has resulted in a common market and common policies, has achieved unprecedented prosperity and stability on the continent, and serves as a model for other countries to reform their institutions and prioritize anticorruption measures;
"(3) the relationships between the United States and Europe and the United States and Germany are critical to the national security interests of the United States as well as to global prosperity and peace, and Germany in particular is a crucial partner for the United States in multilateral efforts aimed at promoting global prosperity and peace;
"(4) the United States should stand against any effort designed to weaken those relationships; and
"(5) Germany has demonstrated leadership within the European Union and in international fora to ensure that sanctions imposed with respect to the Russian Federation for its malign activities are maintained.
"SEC. 7503. IMPOSITION OF SANCTIONS WITH RESPECT TO PROVISION OF CERTAIN VESSELS FOR THE CONSTRUCTION OF CERTAIN RUSSIAN ENERGY EXPORT PIPELINES.
"(a)
"(1)
"(A) vessels that engaged in pipe-laying or pipe-laying activities at depths of 100 feet or more below sea level for the construction of the Nord Stream 2 pipeline project, the TurkStream pipeline project, or any project that is a successor to either such project;
"(B) foreign persons that the Secretary of State, in consultation with the Secretary of the Treasury, determines have knowingly—
"(i) sold, leased, or provided, or facilitated selling, leasing, or providing, those vessels for the construction of such a project;
"(ii) facilitated deceptive or structured transactions to provide those vessels for the construction of such a project;
"(iii) provided for those vessels underwriting services or insurance or reinsurance necessary or essential for the completion of such a project;
"(iv) provided services or facilities for technology upgrades or installation of welding equipment for, or retrofitting or tethering of, those vessels if the services or facilities are necessary or essential for the completion of such a project; or
"(v) provided services for the testing, inspection, or certification necessary or essential for the completion or operation of the Nord Stream 2 pipeline; and
"(C) the consultations carried out pursuant to subsection (i) and describes the nature of the consultations and any concerns raised by the government of Norway, Switzerland, the United Kingdom, or any member country of the European Union.
"(2)
"(A) in the case of the first report required to be submitted by paragraph (1), the period beginning on the date of the enactment of this Act and ending on the date on which the report is submitted; and
"(B) in the case of any subsequent such report, the 90-day period preceding submission of the report.
"(b)
"(1)
"(A)
"(i) inadmissible to the United States;
"(ii) ineligible to receive a visa or other documentation to enter the United States; and
"(iii) otherwise ineligible to be admitted or paroled into the United States or to receive any other benefit under the Immigration and Nationality Act (
"(B)
"(i)
"(ii)
"(I) take effect immediately; and
"(II) automatically cancel any other valid visa or entry documentation that is in the alien's possession.
"(2)
"(A) a foreign person identified under subsection (a)(1)(B);
"(B) a corporate officer of a person described in subparagraph (A); or
"(C) a principal shareholder with a controlling interest in a person described in subparagraph (A).
"(c)
"(d)
"(e)
"(1)
"(2)
"(3)
"(4)
"(5)
"(A)
"(B)
"(6)
"(A) the European Union;
"(B) the government of Norway, Switzerland, the United Kingdom, or any member country of the European Union; or
"(C) any entity of the European Union or a government described in subparagraph (B) that is not operating as a business enterprise.
"(f)
"(1) determines that the waiver is in the national interests of the United States; and
"(2) submits to the appropriate congressional committees a report on the waiver and the reasons for the waiver.
"(g)
"(1)
"(2)
"(h)
"(1) the date on which the President certifies to the appropriate congressional committees that appropriate safeguards have been put in place—
"(A) to minimize the ability of the Government of the Russian Federation to use that project as a tool of coercion and political leverage, including by achieving the unbundling of energy production and transmission so that entities owned or controlled by that Government do not control the transmission network for the pipeline; and
"(B) to ensure, barring unforeseen circumstances, that the project would not result in a decrease of more than 25 percent in the volume of Russian energy exports transiting through existing pipelines in other countries, particularly Ukraine, relative to the average monthly volume of Russian energy exports transiting through such pipelines in 2018; or
"(2) the date that is 5 years after the date of the enactment of this Act [Dec. 20, 2019].
"(i)
"(j)
"(1) whether the goals of the sanctions have been met;
"(2) the diplomatic impact of the sanctions, including on relationships with the governments of Norway, Switzerland, the United Kingdom, and member countries of the European Union; and
"(3) the economic impact of the sanctions, including the impact on United States persons.
"(k)
"(1)
"(2)
"(A) the Committee on Foreign Relations and the Committee on Banking, Housing, and Urban Affairs of the Senate; and
"(B) the Committee on Foreign Affairs and the Committee on Financial Services of the House of Representatives.
"(3)
"(4)
"(5)
"(6)
"(A) a United States citizen or an alien lawfully admitted for permanent residence to the United States;
"(B) an entity organized under the laws of the United States or any jurisdiction within the United States, including a foreign branch of such an entity; or
"(C) any person within the United States."
[
[Functions and authorities of President under sections 7503(d), (f), and (h) of
Executive Documents
Ex. Ord. No. 14039. Blocking Property With Respect to Certain Russian Energy Export Pipelines
Ex. Ord. No. 14039, Aug. 20, 2021, 86 F.R. 47205, provided:
By the authority vested in me as President by the Constitution and the laws of the United States of America, including the International Emergency Economic Powers Act (
I, JOSEPH R. BIDEN JR., President of the United States of America, in order to take additional steps with respect to the national emergency declared in Executive Order 14024 of April 15, 2021 (Blocking Property With Respect To Specified Harmful Foreign Activities of the Government of the Russian Federation) [
(b) Sanctions under subsection (a) of this section shall not apply to any foreign person with respect to whom a waiver under section 7503(f) of PEESA has been issued.
(c) The prohibitions in subsection (a) of this section apply except to the extent provided by statutes, or in regulations, orders, directives, or licenses that may be issued pursuant to this order, and notwithstanding any contract entered into or any license or permit granted prior to the date of this order.
(a) the making of any contribution or provision of funds, goods, or services by, to, or for the benefit of any person whose property and interests in property are blocked pursuant to this order; and
(b) the receipt of any contribution or provision of funds, goods, or services from any such person.
(b) Any conspiracy formed to violate any of the prohibitions set forth in this order is prohibited.
(a) the term "entity" means a partnership, association, trust, joint venture, corporation, group, subgroup, or other organization;
(b) the term "foreign person" means an individual or entity that is not a United States person;
(c) the term "person" means an individual or entity; and
(d) the term "United States person" means any United States citizen, lawful permanent resident, entity organized under the laws of the United States or any jurisdiction within the United States (including foreign branches), or any person in the United States.
(i) the authority granted by law to an executive department or agency, or the head thereof; or
(ii) the functions of the Director of the Office of Management and Budget relating to budgetary, administrative, or legislative proposals.
(b) This order shall be implemented consistent with applicable law and subject to the availability of appropriations.
(c) This order is not intended to, and does not, create any right or benefit, substantive or procedural, enforceable at law or in equity by any party against the United States, its departments, agencies, or entities, its officers, employees, or agents, or any other person.
J.R. Biden, Jr.
§9527. Sanctions with respect to investment in or facilitation of privatization of State-owned assets by the Russian Federation
(a) In general
The President shall impose five or more of the sanctions described in
(1) officials of the Government of the Russian Federation; or
(2) close associates or family members of those officials.
(b) Application of new sanctions
The President may waive the initial application of sanctions under subsection (a) with respect to a person only if the President submits to the appropriate congressional committees—
(1) a written determination that the waiver—
(A) is in the vital national security interests of the United States; or
(B) will further the enforcement of this chapter; and
(2) a certification that the Government of the Russian Federation is taking steps to implement the Minsk Agreement to address the ongoing conflict in eastern Ukraine, signed in Minsk, Belarus, on February 11, 2015, by the leaders of Ukraine, Russia, France, and Germany, the Minsk Protocol, which was agreed to on September 5, 2014, and any successor agreements that are agreed to by the Government of Ukraine.
(
Editorial Notes
References in Text
This chapter, referred to in subsec. (b)(1)(B), was in the original "this title", meaning title II of
§9528. Sanctions with respect to the transfer of arms and related materiel to Syria
(a) Imposition of sanctions
(1) In general
The President shall impose on a foreign person the sanctions described in subsection (b) if the President determines that such foreign person has, on or after August 2, 2017, knowingly exported, transferred, or otherwise provided to Syria significant financial, material, or technological support that contributes materially to the ability of the Government of Syria to—
(A) acquire or develop chemical, biological, or nuclear weapons or related technologies;
(B) acquire or develop ballistic or cruise missile capabilities;
(C) acquire or develop destabilizing numbers and types of advanced conventional weapons;
(D) acquire significant defense articles, defense services, or defense information (as such terms are defined under the Arms Export Control Act (
(E) acquire items designated by the President for purposes of the United States Munitions List under section 38(a)(1) of the Arms Export Control Act (
(2) Applicability to other foreign persons
The sanctions described in subsection (b) shall also be imposed on any foreign person that—
(A) is a successor entity to a foreign person described in paragraph (1); or
(B) is owned or controlled by, or has acted for or on behalf of, a foreign person described in paragraph (1).
(b) Sanctions described
The sanctions to be imposed on a foreign person described in subsection (a) are the following:
(1) Blocking of property
The President shall exercise all powers granted by the International Emergency Economic Powers Act (
(2) Aliens ineligible for visas, admission, or parole
(A) Exclusion from the United States
If the foreign person is an individual, the Secretary of State shall deny a visa to, and the Secretary of Homeland Security shall exclude from the United States, the foreign person.
(B) Current visas revoked
(i) In general
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 the foreign person regardless of when issued.
(ii) Effect of revocation
A revocation under clause (i) shall take effect immediately and shall automatically cancel any other valid visa or entry documentation that is in the possession of the foreign person.
(c) Waiver
Subject to
(d) Definitions
In this section:
(1) Financial, material, or technological support
The term "financial, material, or technological support" has the meaning given such term in section 542.304 of title 31, Code of Federal Regulations (or any corresponding similar regulation or ruling).
(2) Foreign person
The term "foreign person" has the meaning given such term in section 594.304 of title 31, Code of Federal Regulations (or any corresponding similar regulation or ruling).
(3) Syria
The term "Syria" has the meaning given such term in section 542.316 of title 31, Code of Federal Regulations (or any corresponding similar regulation or ruling).
(
Editorial Notes
References in Text
The Arms Export Control Act, referred to in subsec. (a)(1)(D), is
The International Emergency Economic Powers Act, referred to in subsec. (b)(1), is title II of
§9529. Sanctions described
(a) Sanctions described
The sanctions to be imposed with respect to a person under
(1) Export-Import Bank assistance for exports to sanctioned persons
The President may direct the Export-Import Bank of the United States not to give approval to the issuance of any guarantee, insurance, extension of credit, or participation in the extension of credit in connection with the export of any goods or services to the sanctioned person.
(2) Export sanction
The President may order the United States Government not to issue any specific license and not to grant any other specific permission or authority to export any goods or technology to the sanctioned person under—
(A) the Export Administration Act of 1979 (
(B) the Arms Export Control Act (
(C) the Atomic Energy Act of 1954 (
(D) any other statute that requires the prior review and approval of the United States Government as a condition for the export or reexport of goods or services.
(3) Loans from United States financial institutions
The President may prohibit any United States financial institution from making loans or providing credits to the sanctioned person totaling more than $10,000,000 in any 12-month period unless the person is engaged in activities to relieve human suffering and the loans or credits are provided for such activities.
(4) Loans from international financial institutions
The President may direct the United States executive director to each international financial institution to use the voice and vote of the United States to oppose any loan from the international financial institution that would benefit the sanctioned person.
(5) Prohibitions on financial institutions
The following prohibitions may be imposed against the sanctioned person if that person is a financial institution:
(A) Prohibition on designation as primary dealer
Neither the Board of Governors of the Federal Reserve System nor the Federal Reserve Bank of New York may designate, or permit the continuation of any prior designation of, the financial institution as a primary dealer in United States Government debt instruments.
(B) Prohibition on service as a repository of Government funds
The financial institution may not serve as agent of the United States Government or serve as repository for United States Government funds.
The imposition of either sanction under subparagraph (A) or (B) shall be treated as one sanction for purposes of subsection (b), and the imposition of both such sanctions shall be treated as two sanctions for purposes of subsection (b).
(6) Procurement sanction
The United States Government may not procure, or enter into any contract for the procurement of, any goods or services from the sanctioned person.
(7) Foreign exchange
The President may, pursuant to such regulations as the President may prescribe, prohibit any transactions in foreign exchange that are subject to the jurisdiction of the United States and in which the sanctioned person has any interest.
(8) Banking transactions
The President may, pursuant to such regulations as the President may prescribe, prohibit any transfers of credit or payments between financial institutions or by, through, or to any financial institution, to the extent that such transfers or payments are subject to the jurisdiction of the United States and involve any interest of the sanctioned person.
(9) Property transactions
The President may, pursuant to such regulations as the President may prescribe, prohibit any person from—
(A) acquiring, holding, withholding, using, transferring, withdrawing, transporting, importing, or exporting any property that is subject to the jurisdiction of the United States and with respect to which the sanctioned person has any interest;
(B) dealing in or exercising any right, power, or privilege with respect to such property; or
(C) conducting any transaction involving such property.
(10) Ban on investment in equity or debt of sanctioned person
The President may, pursuant to such regulations or guidelines as the President may prescribe, prohibit any United States person from investing in or purchasing significant amounts of equity or debt instruments of the sanctioned person.
(11) Exclusion of corporate officers
The President may direct the Secretary of State to deny a visa to, and the Secretary of Homeland Security to exclude from the United States, any alien that the President determines is a corporate officer or principal of, or a shareholder with a controlling interest in, the sanctioned person.
(12) Sanctions on principal executive officers
The President may impose on the principal executive officer or officers of the sanctioned person, or on persons performing similar functions and with similar authorities as such officer or officers, any of the sanctions under this subsection.
(b) Sanctioned person defined
In this section, the term "sanctioned person" means a person subject to sanctions under
(
Editorial Notes
References in Text
The Export Administration Act of 1979, referred to in subsec. (a)(2)(A), is
The International Emergency Economic Powers Act, referred to in subsec. (a)(2)(A), is title II of
The Arms Export Control Act, referred to in subsec. (a)(2)(B), is
The Atomic Energy Act of 1954, referred to in subsec. (a)(2)(C), is act Aug. 1, 1946, ch. 724, as added by act Aug. 30, 1954, ch. 1073, §1,
§9530. Exceptions, waiver, and termination
(a) Exceptions
The provisions of this part and amendments made by this part shall not apply with respect to the following:
(1) Activities subject to the reporting requirements under title V of the National Security Act of 1947 (
(2) The admission of an alien to the United States if such admission is necessary to comply with United States obligations under the Agreement between the United Nations and the United States of America regarding the Headquarters of the United Nations, signed at Lake Success June 26, 1947, and entered into force November 21, 1947, under the Convention on Consular Relations, done at Vienna April 24, 1963, and entered into force March 19, 1967, or under other international agreements.
(b) Waiver of sanctions that are imposed
Subject to
(c) Termination
Subject to
(1) a notice of and justification for the termination; and
(2) a notice that—
(A) the person is not engaging in the activity that was the basis for the sanctions or has taken significant verifiable steps toward stopping the activity; and
(B) the President has received reliable assurances that the person will not knowingly engage in activity subject to sanctions under this part in the future.
(
Editorial Notes
References in Text
This part, referred to in text, is part 2 (§§221–238) of subtitle A of title II of
The National Security Act of 1947, referred to in subsec. (a)(1), is act July 26, 1947, ch. 343,
§9531. Exception relating to activities of the National Aeronautics and Space Administration
(a) In general
This chapter and the amendments made by this Act shall not apply with respect to activities of the National Aeronautics and Space Administration.
(b) Rule of construction
Nothing in this chapter or the amendments made by this Act shall be construed to authorize the imposition of any sanction or other condition, limitation, restriction, or prohibition, that directly or indirectly impedes the supply by any entity of the Russian Federation of any product or service, or the procurement of such product or service by any contractor or subcontractor of the United States or any other entity, relating to or in connection with any space launch conducted for—
(1) the National Aeronautics and Space Administration; or
(2) any other non-Department of Defense customer.
(
Editorial Notes
References in Text
This chapter, referred to in text, was in the original "This Act" and was translated as reading "This title", meaning title II of
§9532. Rule of construction
Nothing in this part or the amendments made by this part shall be construed—
(1) to supersede the limitations or exceptions on the use of rocket engines for national security purposes under section 1608 of the Carl Levin and Howard P. "Buck" McKeon National Defense Authorization Act for Fiscal Year 2015 (
(2) to prohibit a contractor or subcontractor of the Department of Defense from acquiring components referred to in such section 1608.
(
Editorial Notes
References in Text
This part, referred to in text, is part 2 (§§221–238) of subtitle A of title II of