CHAPTER 102 —COUNTERING RUSSIAN INFLUENCE IN EUROPE AND EURASIA
SUBCHAPTER I—SANCTIONS AND OTHER MEASURES WITH RESPECT TO THE RUSSIAN FEDERATION
Part A—CONGRESSIONAL REVIEW OF SANCTIONS IMPOSED WITH RESPECT TO THE RUSSIAN FEDERATION
Part B—SANCTIONS WITH RESPECT TO THE RUSSIAN FEDERATION
SUBCHAPTER II—COUNTERING RUSSIAN INFLUENCE IN EUROPE AND EURASIA
SUBCHAPTER III—EUROPEAN ENERGY SECURITY AND DIVERSIFICATION
SUBCHAPTER I—SANCTIONS AND OTHER MEASURES WITH RESPECT TO THE RUSSIAN FEDERATION
§9501. Findings
Congress makes the following findings:
(1) On March 6, 2014, President Barack Obama issued Executive Order No. 13660 (79 Fed. Reg. 13493; relating to blocking property of certain persons contributing to the situation in Ukraine), which authorizes the Secretary of the Treasury, in consultation with the Secretary of State, to impose sanctions on those determined to be undermining democratic processes and institutions in Ukraine or threatening the peace, security, stability, sovereignty, and territorial integrity of Ukraine. President Obama subsequently issued Executive Order No. 13661 (79 Fed. Reg. 15535; relating to blocking property of additional persons contributing to the situation in Ukraine) and Executive Order No. 13662 (79 Fed. Reg. 16169; relating to blocking property of additional persons contributing to the situation in Ukraine) to expand sanctions on certain persons contributing to the situation in Ukraine.
(2) On December 18, 2014, the Ukraine Freedom Support Act of 2014 was enacted (
(3) On April 1, 2015, President Obama issued Executive Order No. 13694 (80 Fed. Reg. 18077; relating to blocking the property of certain persons engaging in significant malicious cyber-enabled activities), which authorizes the Secretary of the Treasury, in consultation with the Attorney General and the Secretary of State, to impose sanctions on persons determined to be engaged in malicious cyber-hacking.
(4) On July 26, 2016, President Obama approved a Presidential Policy Directive on United States Cyber Incident Coordination, which states, "certain cyber incidents that have significant impacts on an entity, our national security, or the broader economy require a unique approach to response efforts".
(5) On December 29, 2016, President Obama issued an annex to Executive Order No. 13694,1 which authorized sanctions on the following entities and individuals:
(A) The Main Intelligence Directorate (also known as Glavnoe Razvedyvatel'noe Upravlenie or the GRU) in Moscow, Russian Federation.
(B) The Federal Security Service (also known as Federalnaya Sluzhba Bezopasnosti or the FSB) in Moscow, Russian Federation.
(C) The Special Technology Center (also known as STLC, Ltd. Special Technology Center St. Petersburg) in St. Petersburg, Russian Federation.
(D) Zorsecurity (also known as Esage Lab) in Moscow, Russian Federation.
(E) The autonomous noncommercial organization known as the Professional Association of Designers of Data Processing Systems (also known as ANO PO KSI) in Moscow, Russian Federation.
(F) Igor Valentinovich Korobov.
(G) Sergey Aleksandrovich Gizunov.
(H) Igor Olegovich Kostyukov.
(I) Vladimir Stepanovich Alexseyev.
(6) On January 6, 2017, an assessment of the United States intelligence community entitled, "Assessing Russian Activities and Intentions in Recent U.S. Elections" stated, "Russian President Vladimir Putin ordered an influence campaign in 2016 aimed at the United States presidential election." The assessment warns that "Moscow will apply lessons learned from its Putin-ordered campaign aimed at the U.S. Presidential election to future influence efforts worldwide, including against U.S. allies and their election processes".
(
Editorial Notes
References in Text
Executive Order No. 13660, referred to in par. (1), 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 par. (1), 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 par. (1), is Ex. Ord. No. 13662, Mar. 20, 2014, 79 F.R. 16169, which is listed in a table under
The Ukraine Freedom Support Act of 2014, referred to in par. (2), is
Executive Order No. 13694, referred to in par. (3), is Ex. Ord. No. 13694, Apr. 1, 2015, 80 F.R. 18077, which is listed in a table under
The annex to Executive Order No. 13694, referred to in par. (5), probably means Ex. Ord. No. 13757, §§1–3, Dec. 28, 2016, 82 F.R. 1, 2, which amended Ex. Ord. No. 13694.
Statutory Notes and Related Subsidiaries
Short Title
Rule of Construction
1 See References in Text note below.
§9502. Sense of Congress
It is the sense of Congress that the President—
(1) should continue to uphold and seek unity with European and other key partners on sanctions implemented against the Russian Federation, which have been effective and instrumental in countering Russian aggression in Ukraine;
(2) should engage to the fullest extent possible with partner governments with regard to closing loopholes, including the allowance of extended prepayment for the delivery of goods and commodities and other loopholes, in multilateral and unilateral restrictive measures against the Russian Federation, with the aim of maximizing alignment of those measures; and
(3) should increase efforts to vigorously enforce compliance with sanctions in place as of August 2, 2017, with respect to the Russian Federation in response to the crisis in eastern Ukraine, cyber intrusions and attacks, and human rights violators in the Russian Federation.
(
PART A—CONGRESSIONAL REVIEW OF SANCTIONS IMPOSED WITH RESPECT TO THE RUSSIAN FEDERATION
§9511. Congressional review of certain actions relating to sanctions imposed with respect to the Russian Federation
(a) Submission to Congress of proposed action
(1) In general
Notwithstanding any other provision of law, before taking any action described in paragraph (2), the President shall submit to the appropriate congressional committees and leadership a report that describes the proposed action and the reasons for that action.
(2) Actions described
(A) In general
An action described in this paragraph is—
(i) an action to terminate the application of any sanctions described in subparagraph (B);
(ii) with respect to sanctions described in subparagraph (B) imposed by the President with respect to a person, an action to waive the application of those sanctions with respect to that person; or
(iii) a licensing action that significantly alters United States' 1 foreign policy with regard to the Russian Federation.
(B) Sanctions described
The sanctions described in this subparagraph are—
(i) sanctions provided for under—
(I) this chapter or any provision of law amended by this title, including the Executive orders codified under
(II) the Support for the Sovereignty, Integrity, Democracy, and Economic Stability of Ukraine Act of 2014 (
(III) the Ukraine Freedom Support Act of 2014 (
(ii) the prohibition on access to the properties of the Government of the Russian Federation located in Maryland and New York that the President ordered vacated on December 29, 2016.
(3) Description of type of action
Each report submitted under paragraph (1) with respect to an action described in paragraph (2) shall include a description of whether the action—
(A) is not intended to significantly alter United States foreign policy with regard to the Russian Federation; or
(B) is intended to significantly alter United States foreign policy with regard to the Russian Federation.
(4) Inclusion of additional matter
(A) In general
Each report submitted under paragraph (1) that relates to an action that is intended to significantly alter United States foreign policy with regard to the Russian Federation shall include a description of—
(i) the significant alteration to United States foreign policy with regard to the Russian Federation;
(ii) the anticipated effect of the action on the national security interests of the United States; and
(iii) the policy objectives for which the sanctions affected by the action were initially imposed.
(B) Requests from banking and financial services committees
The Committee on Banking, Housing, and Urban Affairs of the Senate or the Committee on Financial Services of the House of Representatives may request the submission to the Committee of the matter described in clauses (ii) and (iii) of subparagraph (A) with respect to a report submitted under paragraph (1) that relates to an action that is not intended to significantly alter United States foreign policy with regard to the Russian Federation.
(5) Confidentiality of proprietary information
Proprietary information that can be associated with a particular person with respect to an action described in paragraph (2) may be included in a report submitted under paragraph (1) only if the appropriate congressional committees and leadership provide assurances of confidentiality, unless such person otherwise consents in writing to such disclosure.
(6) Rule of construction
Paragraph (2)(A)(iii) shall not be construed to require the submission of a report under paragraph (1) with respect to the routine issuance of a license that does not significantly alter United States foreign policy with regard to the Russian Federation.
(b) Period for review by Congress
(1) In general
During the period of 30 calendar days beginning on the date on which the President submits a report under subsection (a)(1)—
(A) in the case of a report that relates to an action that is not intended to significantly alter United States foreign policy with regard to the Russian Federation, the Committee on Banking, Housing, and Urban Affairs of the Senate and the Committee on Financial Services of the House of Representatives should, as appropriate, hold hearings and briefings and otherwise obtain information in order to fully review the report; and
(B) in the case of a report that relates to an action that is intended to significantly alter United States foreign policy with regard to the Russian Federation, the Committee on Foreign Relations of the Senate and the Committee on Foreign Affairs of the House of Representatives should, as appropriate, hold hearings and briefings and otherwise obtain information in order to fully review the report.
(2) Exception
The period for congressional review under paragraph (1) of a report required to be submitted under subsection (a)(1) shall be 60 calendar days if the report is submitted on or after July 10 and on or before September 7 in any calendar year.
(3) Limitation on actions during initial congressional review period
Notwithstanding any other provision of law, during the period for congressional review provided for under paragraph (1) of a report submitted under subsection (a)(1) proposing an action described in subsection (a)(2), including any additional period for such review as applicable under the exception provided in paragraph (2), the President may not take that action unless a joint resolution of approval with respect to that action is enacted in accordance with subsection (c).
(4) Limitation on actions during presidential consideration of a joint resolution of disapproval
Notwithstanding any other provision of law, if a joint resolution of disapproval relating to a report submitted under subsection (a)(1) proposing an action described in subsection (a)(2) passes both Houses of Congress in accordance with subsection (c), the President may not take that action for a period of 12 calendar days after the date of passage of the joint resolution of disapproval.
(5) Limitation on actions during congressional reconsideration of a joint resolution of disapproval
Notwithstanding any other provision of law, if a joint resolution of disapproval relating to a report submitted under subsection (a)(1) proposing an action described in subsection (a)(2) passes both Houses of Congress in accordance with subsection (c), and the President vetoes the joint resolution, the President may not take that action for a period of 10 calendar days after the date of the President's veto.
(6) Effect of enactment of a joint resolution of disapproval
Notwithstanding any other provision of law, if a joint resolution of disapproval relating to a report submitted under subsection (a)(1) proposing an action described in subsection (a)(2) is enacted in accordance with subsection (c), the President may not take that action.
(c) Joint resolutions of disapproval or approval defined
In this subsection:
(1) Joint resolution of approval
The term "joint resolution of approval" means only a joint resolution of either House of Congress—
(A) the title of which is as follows: "A joint resolution approving the President's proposal to take an action relating to the application of certain sanctions with respect to the Russian Federation."; and
(B) the sole matter after the resolving clause of which is the following: "Congress approves of the action relating to the application of sanctions imposed with respect to the Russian Federation proposed by the President in the report submitted to Congress under section 216(a)(1) of the Russia Sanctions Review Act of 2017 2 on ______ relating to ______.", with the first blank space being filled with the appropriate date and the second blank space being filled with a short description of the proposed action.
(2) Joint resolution of disapproval
The term "joint resolution of disapproval" means only a joint resolution of either House of Congress—
(A) the title of which is as follows: "A joint resolution disapproving the President's proposal to take an action relating to the application of certain sanctions with respect to the Russian Federation."; and
(B) the sole matter after the resolving clause of which is the following: "Congress disapproves of the action relating to the application of sanctions imposed with respect to the Russian Federation proposed by the President in the report submitted to Congress under section 216(a)(1) of the Russia Sanctions Review Act of 2017 2 on ______ relating to ______.", with the first blank space being filled with the appropriate date and the second blank space being filled with a short description of the proposed action.
(3) Introduction
During the period of 30 calendar days provided for under subsection (b)(1), including any additional period as applicable under the exception provided in subsection (b)(2), a joint resolution of approval or joint resolution of disapproval may be introduced—
(A) in the House of Representatives, by the majority leader or the minority leader; and
(B) in the Senate, by the majority leader (or the majority leader's designee) or the minority leader (or the minority leader's designee).
(4) Floor consideration in House of Representatives
If a committee of the House of Representatives to which a joint resolution of approval or joint resolution of disapproval has been referred has not reported the joint resolution within 10 calendar days after the date of referral, that committee shall be discharged from further consideration of the joint resolution.
(5) Consideration in the Senate
(A) Committee referral
A joint resolution of approval or joint resolution of disapproval introduced in the Senate shall be—
(i) referred to the Committee on Banking, Housing, and Urban Affairs if the joint resolution relates to a report under subsection (a)(3)(A) that relates to an action that is not intended to significantly alter United States foreign policy with regard to the Russian Federation; and
(ii) referred to the Committee on Foreign Relations if the joint resolution relates to a report under subsection (a)(3)(B) that relates to an action that is intended to significantly alter United States foreign policy with respect to the Russian Federation.
(B) Reporting and discharge
If the committee to which a joint resolution of approval or joint resolution of disapproval was referred has not reported the joint resolution within 10 calendar days after the date of referral of the joint resolution, that committee shall be discharged from further consideration of the joint resolution and the joint resolution shall be placed on the appropriate calendar.
(C) Proceeding to consideration
Notwithstanding Rule XXII of the Standing Rules of the Senate, it is in order at any time after the Committee on Banking, Housing, and Urban Affairs or the Committee on Foreign Relations, as the case may be, reports a joint resolution of approval or joint resolution of disapproval to the Senate or has been discharged from consideration of such a joint resolution (even though a previous motion to the same effect has been disagreed to) to move to proceed to the consideration of the joint resolution, and all points of order against the joint resolution (and against consideration of the joint resolution) are waived. The motion to proceed is not debatable. The motion is not subject to a motion to postpone. A motion to reconsider the vote by which the motion is agreed to or disagreed to shall not be in order.
(D) Rulings of the chair on procedure
Appeals from the decisions of the Chair relating to the application of the rules of the Senate, as the case may be, to the procedure relating to a joint resolution of approval or joint resolution of disapproval shall be decided without debate.
(E) Consideration of veto messages
Debate in the Senate of any veto message with respect to a joint resolution of approval or joint resolution of disapproval, including all debatable motions and appeals in connection with the joint resolution, shall be limited to 10 hours, to be equally divided between, and controlled by, the majority leader and the minority leader or their designees.
(6) Rules relating to Senate and House of Representatives
(A) Treatment of Senate joint resolution in House
In the House of Representatives, the following procedures shall apply to a joint resolution of approval or a joint resolution of disapproval received from the Senate (unless the House has already passed a joint resolution relating to the same proposed action):
(i) The joint resolution shall be referred to the appropriate committees.
(ii) If a committee to which a joint resolution has been referred has not reported the joint resolution within 2 calendar days after the date of referral, that committee shall be discharged from further consideration of the joint resolution.
(iii) Beginning on the third legislative day after each committee to which a joint resolution has been referred reports the joint resolution to the House or has been discharged from further consideration thereof, it shall be in order to move to proceed to consider the joint resolution in the House. All points of order against the motion are waived. Such a motion shall not be in order after the House has disposed of a motion to proceed on the joint resolution. The previous question shall be considered as ordered on the motion to its adoption without intervening motion. The motion shall not be debatable. A motion to reconsider the vote by which the motion is disposed of shall not be in order.
(iv) The joint resolution shall be considered as read. All points of order against the joint resolution and against its consideration are waived. The previous question shall be considered as ordered on the joint resolution to final passage without intervening motion except 2 hours of debate equally divided and controlled by the sponsor of the joint resolution (or a designee) and an opponent. A motion to reconsider the vote on passage of the joint resolution shall not be in order.
(B) Treatment of House joint resolution in Senate
(i) If, before the passage by the Senate of a joint resolution of approval or joint resolution of disapproval, the Senate receives an identical joint resolution from the House of Representatives, the following procedures shall apply:
(I) That joint resolution shall not be referred to a committee.
(II) With respect to that joint resolution—
(aa) the procedure in the Senate shall be the same as if no joint resolution had been received from the House of Representatives; but
(bb) the vote on passage shall be on the joint resolution from the House of Representatives.
(ii) If, following passage of a joint resolution of approval or joint resolution of disapproval in the Senate, the Senate receives an identical joint resolution from the House of Representatives, that joint resolution shall be placed on the appropriate Senate calendar.
(iii) If a joint resolution of approval or a joint resolution of disapproval is received from the House, and no companion joint resolution has been introduced in the Senate, the Senate procedures under this subsection shall apply to the House joint resolution.
(C) Application to revenue measures
The provisions of this paragraph shall not apply in the House of Representatives to a joint resolution of approval or joint resolution of disapproval that is a revenue measure.
(7) Rules of House of Representatives and Senate
This subsection is enacted by Congress—
(A) as an exercise of the rulemaking power of the Senate and the House of Representatives, respectively, and as such is deemed a part of the rules of each House, respectively, and supersedes other rules only to the extent that it is inconsistent with such rules; and
(B) with full recognition of the constitutional right of either House to change the rules (so far as relating to the procedure of that House) at any time, in the same manner, and to the same extent as in the case of any other rule of that House.
(d) Appropriate congressional committees and leadership defined
In this section, the term "appropriate congressional committees and leadership" means—
(1) the Committee on Banking, Housing, and Urban Affairs, the Committee on Foreign Relations, and the majority and minority leaders of the Senate; and
(2) the Committee on Financial Services, the Committee on Foreign Affairs, and the Speaker, the majority leader, and the minority leader of the House of Representatives.
(
Editorial Notes
References in Text
This chapter, referred to in subsec. (a)(2)(B)(i)(I), was in the original "this title". See below.
This title, referred to in subsec. (a)(2)(B)(i)(I), is title II of
The Support for the Sovereignty, Integrity, Democracy, and Economic Stability of Ukraine Act of 2014, referred to in subsec. (a)(2)(B)(i)(II), is
The Ukraine Freedom Support Act of 2014, referred to in subsec. (a)(2)(B)(i)(III), is
Section 216(a)(1) of the Russia Sanctions Review Act of 2017, referred to in subsec. (c)(1)(B), (2)(B), is subsec. (a)(1) of this section.
1 So in original. Probably should be "United States".
2 See References in Text note below.
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
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
SUBCHAPTER II—COUNTERING RUSSIAN INFLUENCE IN EUROPE AND EURASIA
§9541. Findings
Congress makes the following findings:
(1) The Government of the Russian Federation has sought to exert influence throughout Europe and Eurasia, including in the former states of the Soviet Union, by providing resources to political parties, think tanks, and civil society groups that sow distrust in democratic institutions and actors, promote xenophobic and illiberal views, and otherwise undermine European unity. The Government of the Russian Federation has also engaged in well-documented corruption practices as a means toward undermining and buying influence in European and Eurasian countries.
(2) The Government of the Russian Federation has largely eliminated a once-vibrant Russian-language independent media sector and severely curtails free and independent media within the borders of the Russian Federation. Russian-language media organizations that are funded and controlled by the Government of the Russian Federation and disseminate information within and outside of the Russian Federation routinely traffic in anti-Western disinformation, while few independent, fact-based media sources provide objective reporting for Russian-speaking audiences inside or outside of the Russian Federation.
(3) The Government of the Russian Federation continues to violate its commitments under the Memorandum on Security Assurances in connection with Ukraine's Accession to the Treaty on the Non-Proliferation of Nuclear Weapons, done at Budapest December 5, 1994, and the Conference on Security and Co-operation in Europe Final Act, concluded at Helsinki August 1, 1975 (commonly referred to as the "Helsinki Final Act"), which laid the ground-work for the establishment of the Organization for Security and Co-operation in Europe, of which the Russian Federation is a member, by its illegal annexation of Crimea in 2014, its illegal occupation of South Ossetia and Abkhazia in Georgia in 2008, and its ongoing destabilizing activities in eastern Ukraine.
(4) The Government of the Russian Federation continues to ignore the terms of the August 2008 ceasefire agreement relating to Georgia, which requires the withdrawal of Russian Federation troops, free access by humanitarian groups to the regions of South Ossetia and Abkhazia, and monitoring of the conflict areas by the European Union Monitoring Mission.
(5) The Government of the Russian Federation is failing to comply with the terms of 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, as well as the Minsk Protocol, which was agreed to on September 5, 2014.
(6) The Government of the Russian Federation is—
(A) in violation of the Treaty between the United States of America and the Union of Soviet Socialist Republics on the Elimination of their Intermediate-Range and Shorter-Range Missiles, signed at Washington December 8, 1987, and entered into force June 1, 1988 (commonly known as the "INF Treaty"); and
(B) failing to meet its obligations under the Treaty on Open Skies, done at Helsinki March 24, 1992, and entered into force January 1, 2002 (commonly known as the "Open Skies Treaty").
(
§9542. Sense of Congress
It is the sense of Congress that—
(1) the Government of the Russian Federation bears responsibility for the continuing violence in Eastern Ukraine, including the death on April 24, 2017, of Joseph Stone, a citizen of the United States working as a monitor for the Organization for Security and Co-operation in Europe;
(2) the President should call on the Government of the Russian Federation—
(A) to withdraw all of its forces from the territories of Georgia, Ukraine, and Moldova;
(B) to return control of the borders of those territories to their respective governments; and
(C) to cease all efforts to undermine the popularly elected governments of those countries;
(3) the Government of the Russian Federation has applied, and continues to apply, to the countries and peoples of Georgia and Ukraine, traditional uses of force, intelligence operations, and influence campaigns, which represent clear and present threats to the countries of Europe and Eurasia;
(4) in response, the countries of Europe and Eurasia should redouble efforts to build resilience within their institutions, political systems, and civil societies;
(5) the United States supports the institutions that the Government of the Russian Federation seeks to undermine, including the North Atlantic Treaty Organization and the European Union;
(6) a strong North Atlantic Treaty Organization is critical to maintaining peace and security in Europe and Eurasia;
(7) the United States should continue to work with the European Union as a partner against aggression by the Government of the Russian Federation, coordinating aid programs, development assistance, and other counter-Russian efforts;
(8) the United States should encourage the establishment of a commission for media freedom within the Council of Europe, modeled on the Venice Commission regarding rule of law issues, that would be chartered to provide governments with expert recommendations on maintaining legal and regulatory regimes supportive of free and independent media and an informed citizenry able to distinguish between fact-based reporting, opinion, and disinformation;
(9) in addition to working to strengthen the North Atlantic Treaty Organization and the European Union, the United States should work with the individual countries of Europe and Eurasia—
(A) to identify vulnerabilities to aggression, disinformation, corruption, and so-called hybrid warfare by the Government of the Russian Federation;
(B) to establish strategic and technical plans for addressing those vulnerabilities;
(C) to ensure that the financial systems of those countries are not being used to shield illicit financial activity by officials of the Government of the Russian Federation or individuals in President Vladimir Putin's inner circle who have been enriched through corruption;
(D) to investigate and prosecute cases of corruption by Russian actors; and
(E) to work toward full compliance with the Convention on Combating Bribery of Foreign Public Officials in International Business Transactions (commonly referred to as the "Anti-Bribery Convention") of the Organization for Economic Co-operation and Development; and
(10) the President of the United States should use the authority of the President to impose sanctions under—
(A) the Sergei Magnitsky Rule of Law Accountability Act of 2012 (title IV of
(B) the Global Magnitsky Human Rights Accountability Act (subtitle F of title XII of
(
Editorial Notes
References in Text
The Sergei Magnitsky Rule of Law Accountability Act of 2012, referred to in par. (10)(A), is title IV of
The Global Magnitsky Human Rights Accountability Act, referred to in par. (10)(B), is subtitle F (§§1261–1264) of title XII of div. A of
1 See References in Text note below.
§9543. Coordinating aid and assistance across Europe and Eurasia
(a) Authorization of appropriations
There are authorized to be appropriated for the Countering Russian Influence Fund $250,000,000 for fiscal years 2020, 2021, 2022, and 2023.
(b) Use of funds
Amounts in the Countering Russian Influence Fund shall be used to effectively implement, prioritized in the following order and subject to the availability of funds, the following goals:
(1) To assist in protecting critical infrastructure and electoral mechanisms from cyberattacks in the following countries:
(A) Countries that are members of the North Atlantic Treaty Organization or the European Union that the Secretary of State determines—
(i) are vulnerable to influence by the Russian Federation; and
(ii) lack the economic capability to effectively respond to aggression by the Russian Federation without the support of the United States.
(B) Countries that are participating in the enlargement process of the North Atlantic Treaty Organization or the European Union, including Albania, Bosnia and Herzegovina, Georgia, Macedonia, Moldova, Kosovo, Serbia, and Ukraine.
(2) To combat corruption, improve the rule of law, and otherwise strengthen independent judiciaries and prosecutors general offices in the countries described in paragraph (1).
(3) To respond to the humanitarian crises and instability caused or aggravated by the invasions and occupations of Georgia and Ukraine by the Russian Federation.
(4) To improve participatory legislative processes and legal education, political transparency and competition, and compliance with international obligations in the countries described in paragraph (1).
(5) To build the capacity of civil society, media, and other nongovernmental organizations countering the influence and propaganda of the Russian Federation to combat corruption, prioritize access to truthful information, and operate freely in all regions in the countries described in paragraph (1).
(6) To assist the Secretary of State in executing the functions specified in section 1287(b) of the National Defense Authorization Act for Fiscal Year 2017 (
(7) To assist United States agencies that operate under the foreign policy guidance of the Secretary of State in providing assistance under
(c) Revision of activities for which amounts may be used
The Secretary of State may modify the goals described in subsection (b) if, not later than 15 days before revising such a goal, the Secretary notifies the appropriate congressional committees of the revision.
(d) Implementation
(1) In general
The Secretary of State shall, acting through the Coordinator of United States Assistance to Europe and Eurasia (authorized pursuant to
(2) Method
Activities to achieve the goals described in subsection (b) shall be carried out through—
(A) initiatives of the United States Government;
(B) Federal grant programs such as the Information Access Fund; or
(C) nongovernmental or international organizations, such as the Organization for Security and Co-operation in Europe, the National Endowment for Democracy, the Black Sea Trust, the Balkan Trust for Democracy, the Prague Civil Society Centre, the North Atlantic Treaty Organization Strategic Communications Centre of Excellence, the European Endowment for Democracy, and related organizations.
(3) Report on implementation
(A) In general
Not later than April 1 of each year, the Secretary of State, acting through the Coordinator of United States Assistance to Europe and Eurasia, shall submit to the appropriate congressional committees a report on the programs and activities carried out to achieve the goals described in subsection (b) during the preceding fiscal year.
(B) Elements
Each report required by subparagraph (A) shall include, with respect to each program or activity described in that subparagraph—
(i) the amount of funding for the program or activity;
(ii) the goal described in subsection (b) to which the program or activity relates; and
(iii) an assessment of whether or not the goal was met.
(e) Coordination With global partners
(1) In general
In order to maximize cost efficiency, eliminate duplication, and speed the achievement of the goals described in subsection (b), the Secretary of State shall ensure coordination with—
(A) the European Union and its institutions;
(B) the governments of countries that are members of the North Atlantic Treaty Organization or the European Union; and
(C) international organizations and quasi-governmental funding entities that carry out programs and activities that seek to accomplish the goals described in subsection (b).
(2) Report by Secretary of State
Not later than April 1 of each year, the Secretary of State shall submit to the appropriate congressional committees a report that includes—
(A) the amount of funding provided to each country referred to in subsection (b) by—
(i) the European Union or its institutions;
(ii) the government of each country that is a member of the European Union or the North Atlantic Treaty Organization; and
(iii) international organizations and quasi-governmental funding entities that carry out programs and activities that seek to accomplish the goals described in subsection (b); and
(B) an assessment of whether the funding described in subparagraph (A) is commensurate with funding provided by the United States for those goals.
(f) Rule of construction
Nothing in this section shall be construed to apply to or limit United States foreign assistance not provided using amounts available in the Countering Russian Influence Fund.
(g) Ensuring adequate staffing for governance activities
In order to ensure that the United States Government is properly focused on combating corruption, improving rule of law, and building the capacity of civil society, media, and other nongovernmental organizations in countries described in subsection (b)(1), the Secretary of State shall establish a pilot program for Foreign Service officer positions focused on governance and anticorruption activities in such countries.
(
Editorial Notes
Amendments
2019—Subsec. (a).
Subsec. (b)(7).
Statutory Notes and Related Subsidiaries
Change of Name
Broadcasting Board of Governors renamed United States Agency for Global Media pursuant to
§9544. Report on media organizations controlled and funded by the Government of the Russian Federation
(a) In general
Not later than 90 days after August 2, 2017, and annually thereafter, the President shall submit to the appropriate congressional committees a report that includes a description of media organizations that are controlled and funded by the Government of the Russian Federation, and any affiliated entities, whether operating within or outside the Russian Federation, including broadcast and satellite-based television, radio, Internet, and print media organizations.
(b) Form of report
The report required by subsection (a) shall be submitted in unclassified form but may include a classified annex.
(
§9545. Report on Russian Federation influence on elections in Europe and Eurasia
(a) In general
Not later than 90 days after August 2, 2017, and annually thereafter, the President shall submit to the appropriate congressional committees and leadership a report on funds provided by, or funds the use of which was directed by, the Government of the Russian Federation or any Russian person with the intention of influencing the outcome of any election or campaign in any country in Europe or Eurasia during the preceding year, including through direct support to any political party, candidate, lobbying campaign, nongovernmental organization, or civic organization.
(b) Form of report
Each report required by subsection (a) shall be submitted in unclassified form but may include a classified annex.
(c) Definitions
In this section:
(1) Appropriate congressional committees and leadership
The term "appropriate congressional committees and leadership" means—
(A) the Committee on Foreign Relations, the Committee on Banking, Housing, and Urban Affairs, the Committee on Armed Services, the Committee on Homeland Security and Governmental Affairs, the Committee on Appropriations, the Select Committee on Intelligence, and the majority and minority leaders of the Senate; and
(B) the Committee on Foreign Affairs, the Committee on Financial Services, the Committee on Armed Services, the Committee on Homeland Security, the Committee on Appropriations, the Permanent Select Committee on Intelligence, and the Speaker, the majority leader, and the minority leader of the House of Representatives.
(2) Russian person
The term "Russian person" means—
(A) an individual who is a citizen or national of the Russian Federation; or
(B) an entity organized under the laws of the Russian Federation or otherwise subject to the jurisdiction of the Government of the Russian Federation.
(
§9546. Ukranian energy security
(a) Statement of policy
It is the policy of the United States—
(1) to support the Government of Ukraine in restoring its sovereign and territorial integrity;
(2) to condemn and oppose all of the destabilizing efforts by the Government of the Russian Federation in Ukraine in violation of its obligations and international commitments;
(3) to never recognize the illegal annexation of Crimea by the Government of the Russian Federation or the separation of any portion of Ukrainian territory through the use of military force;
(4) to deter the Government of the Russian Federation from further destabilizing and invading Ukraine and other independent countries in Central and Eastern Europe and the Caucuses; 1
(5) to assist in promoting reform in regulatory oversight and operations in Ukraine's energy sector, including the establishment and empowerment of an independent regulatory organization;
(6) to encourage and support fair competition, market liberalization, and reliability in Ukraine's energy sector;
(7) to help Ukraine and United States allies and partners in Europe reduce their dependence on Russian energy resources, especially natural gas, which the Government of the Russian Federation uses as a weapon to coerce, intimidate, and influence other countries;
(8) to work with European Union member states and European Union institutions to promote energy security through developing diversified and liberalized energy markets that provide diversified sources, suppliers, and routes;
(9) to continue to oppose the NordStream 2 pipeline given its detrimental impacts on the European Union's energy security, gas market development in Central and Eastern Europe, and energy reforms in Ukraine; and
(10) that the United States Government should prioritize the export of United States energy resources in order to create American jobs, help United States allies and partners, and strengthen United States foreign policy.
(b) Plan to promote energy security in Ukraine
(1) In general
The Secretary of State, in coordination with the Administrator of the United States Agency for International Development and the Secretary of Energy, shall work with the Government of Ukraine to develop a plan to increase energy security in Ukraine, increase the amount of energy produced in Ukraine, and reduce Ukraine's reliance on energy imports from the Russian Federation.
(2) Elements
The plan developed under paragraph (1) shall include strategies for market liberalization, effective regulation and oversight, supply diversification, energy reliability, and energy efficiency, such as through supporting—
(A) the promotion of advanced technology and modern operating practices in Ukraine's oil and gas sector;
(B) modern geophysical and meteorological survey work as needed followed by international tenders to help attract qualified investment into exploration and development of areas with untapped resources in Ukraine;
(C) a broadening of Ukraine's electric power transmission interconnection with Europe;
(D) the strengthening of Ukraine's capability to maintain electric power grid stability and reliability;
(E) independent regulatory oversight and operations of Ukraine's gas market and electricity sector;
(F) the implementation of primary gas law including pricing, tariff structure, and legal regulatory implementation;
(G) privatization of government owned energy companies through credible legal frameworks and a transparent process compliant with international best practices;
(H) procurement and transport of emergency fuel supplies, including reverse pipeline flows from Europe;
(I) provision of technical assistance for crisis planning, crisis response, and public outreach;
(J) repair of infrastructure to enable the transport of fuel supplies;
(K) repair of power generating or power transmission equipment or facilities; and
(L) improved building energy efficiency and other measures designed to reduce energy demand in Ukraine.
(3) Reports
(A) Implementation of Ukraine Freedom Support Act of 2014 [22 U.S.C. 8921 et seq. ] provisions
Not later than 180 days after August 2, 2017, the Secretary of State shall submit to the appropriate congressional committees a report detailing the status of implementing the provisions required under section 7(c) of the Ukraine Freedom Support Act of 2014 (
(B) In general
Not later than 180 days after August 2, 2017, and every 180 days thereafter, the Secretary of State shall submit to the appropriate congressional committees a report detailing the plan developed under paragraph (1), the level of funding that has been allocated to and expended for the strategies set forth in paragraph (2), and progress that has been made in implementing the strategies.
(C) Briefings
The Secretary of State, or a designee of the Secretary, shall brief the appropriate congressional committees not later than 30 days after the submission of each report under subparagraph (B). In addition, the Department of State shall make relevant officials available upon request to brief the appropriate congressional committees on all available information that relates directly or indirectly to Ukraine or energy security in Eastern Europe.
(D) Appropriate congressional committees defined
In this paragraph, the term "appropriate congressional committees" means—
(i) the Committee on Foreign Relations and the Committee on Appropriations of the Senate; and
(ii) the Committee on Foreign Affairs and the Committee on Appropriations of the House of Representatives.
(c) Supporting efforts of countries in Europe and Eurasia to decrease their dependence on Russian sources of energy
(1) Findings
Congress makes the following findings:
(A) The Government of the Russian Federation uses its strong position in the energy sector as leverage to manipulate the internal politics and foreign relations of the countries of Europe and Eurasia.
(B) This influence is based not only on the Russian Federation's oil and natural gas resources, but also on its state-owned nuclear power and electricity companies.
(2) Sense of Congress
It is the sense of Congress that—
(A) the United States should assist the efforts of the countries of Europe and Eurasia to enhance their energy security through diversification of energy supplies in order to lessen dependencies on Russian Federation energy resources and state-owned entities; and
(B) the Export-Import Bank of the United States and the United States International Development Finance Corporation should play key roles in supporting critical energy projects that contribute to that goal.
(3) Use of Countering Russian Influence Fund to provide technical assistance
Amounts in the Countering Russian Influence Fund pursuant to
(d) Authorization of appropriations
There is authorized to be appropriated for the Department of State a total of $30,000,000 for fiscal years 2018 and 2019 to carry out the strategies set forth in subsection (b)(2) and other activities under this section related to the promotion of energy security in Ukraine.
(e) Rule of construction
Nothing in this section shall be construed as affecting the responsibilities required and authorities provided under section 7 of the Ukraine Freedom Support Act of 2014 (
(
Editorial Notes
References in Text
The Ukraine Freedom Support Act of 2014, referred to in subsec. (b)(3)(A), is
Amendments
2018—Subsec. (c)(2)(B).
Statutory Notes and Related Subsidiaries
Effective Date of 2018 Amendment
Amendment by
1 So in original. Probably should be "Caucasus;".
§9547. Termination
The provisions of this subchapter shall terminate on the date that is 5 years after August 2, 2017.
(
§9548. Appropriate congressional committees defined
Except as otherwise provided, in this subchapter, the term "appropriate congressional committees" means—
(1) the Committee on Foreign Relations, the Committee on Banking, Housing, and Urban Affairs, the Committee on Armed Services, the Committee on Homeland Security and Governmental Affairs, the Committee on Appropriations, and the Select Committee on Intelligence of the Senate; and
(2) the Committee on Foreign Affairs, the Committee on Financial Services, the Committee on Armed Services, the Committee on Homeland Security, the Committee on Appropriations, and the Permanent Select Committee on Intelligence of the House of Representatives.
(
SUBCHAPTER III—EUROPEAN ENERGY SECURITY AND DIVERSIFICATION
Editorial Notes
Codification
This subchapter was enacted as part of the European Energy Security and Diversification Act of 2019, and also as part of the Further Consolidated Appropriations Act, 2020, and not as part of the Countering Russian Influence in Europe and Eurasia Act of 2017 which comprises this chapter.
§9561. Definitions
In this subchapter:
(1) Early-stage project support
The term "early-stage project support" includes—
(A) feasibility studies;
(B) resource evaluations;
(C) project appraisal and costing;
(D) pilot projects;
(E) commercial support, such as trade missions, reverse trade missions, technical workshops, international buyer programs, and international partner searchers to link suppliers to projects;
(F) technical assistance and other guidance to improve the local regulatory environment and market frameworks to encourage transparent competition and enhance energy security; and
(G) long-term energy sector planning.
(2) Late-stage project support
The term "late-stage project support" includes debt financing, insurance, and transaction advisory services.
(
Editorial Notes
References in Text
This subchapter, referred to in text, was in the original "this title", meaning title XX of div. P of
Codification
Section was enacted as part of the European Energy Security and Diversification Act of 2019, and also as part of the Further Consolidated Appropriations Act, 2020, and not as part of the Countering Russian Influence in Europe and Eurasia Act of 2017 which comprises this chapter.
§9562. Statement of policy
(a) Sense of Congress
It is the sense of Congress that the United States has economic and national security interests in assisting European and Eurasian countries achieve energy security through diversification of their energy sources and supply routes.
(b) Statement of policy
It is the policy of the United States—
(1) to advance United States foreign policy and development goals by assisting European and Eurasian countries to reduce their dependence on energy resources from countries that use energy dependence for undue political influence, such as the Russian Federation, which has used natural gas to coerce, intimidate, and influence other countries;
(2) to promote the energy security of allies and partners of the United States by encouraging the development of accessible, transparent, and competitive energy markets that provide diversified sources, types, and routes of energy;
(3) to encourage United States public and private sector investment in European energy infrastructure projects to bridge the gap between energy security requirements and commercial demand in a way that is consistent with the region's absorptive capacity; and
(4) to help facilitate the export of United States energy resources, technology, and expertise to global markets in a way that benefits the energy security of allies and partners of the United States, including in Europe and Eurasia.
(
Editorial Notes
Codification
Section was enacted as part of the European Energy Security and Diversification Act of 2019, and also as part of the Further Consolidated Appropriations Act, 2020, and not as part of the Countering Russian Influence in Europe and Eurasia Act of 2017 which comprises this chapter.
§9563. Prioritization of efforts and assistance for energy infrastructure projects in Europe and Eurasia
(a) In general
In pursuing the policy described in
(1) providing diplomatic and political support to the European Commission and those governments, as necessary—
(A) to facilitate international negotiations concerning cross-border infrastructure;
(B) to enhance Europe's regulatory environment with respect to energy; and
(C) to develop accessible, transparent, and competitive energy markets supplied by diverse sources, types, and routes of energy; and
(2) providing support to improve European and Eurasian energy markets, including early-stage project support and late-stage project support for the construction or improvement of energy and related infrastructure, as necessary—
(A) to diversify the energy sources and supply routes of European and Eurasian countries;
(B) to enhance energy market integration across the region; and
(C) to increase competition within energy markets.
(b) Project selection
(1) In general
The agencies described in subsection (a) shall identify energy infrastructure projects that would be appropriate for United States assistance under this section.
(2) Project eligibility
A project is eligible for United States assistance under this section if the project—
(A)(i) improves electricity transmission infrastructure, power generation through the use of a broad power mix (including fossil fuel and renewable energy), or energy efficiency; or
(ii) advances electricity storage projects, smart grid projects, distributed generation models, or other technological innovations, as appropriate; and
(B) is located in a European or Eurasian country.
(3) Preference
In selecting among projects that are eligible under paragraph (2), the agencies described in subsection (a) shall give preference to projects that—
(A) link the energy systems of 2 or more European or Eurasian countries;
(B) have already been identified by the European Commission as being integral for the energy security of European countries;
(C) are expected to enhance energy market integration;
(D) can attract funding from the private sector, an international financial institution, the government of the country in which the project will be carried out, or the European Commission; or
(E) have the potential to use United States goods and services during project implementation.
(c) Types of assistance
(1) Diplomatic and political support
The Secretary of State shall provide diplomatic and political support to the European Commission and the governments of European and Eurasian countries, as necessary, including by using the diplomatic and political influence and expertise of the Department of State to build the capacity of those countries to resolve any impediments to the development of projects selected under subsection (b).
(2) Early-stage project support
The Director of the Trade and Development Agency shall provide early-stage project support with respect to projects selected under subsection (b), as necessary.
(3) Late-stage project support
Agencies described in subsection (a) that provide late-stage project support shall do so with respect to projects selected under subsection (b), as necessary.
(d) Omitted
(e) Exception from certain limitation under BUILD Act
(1) In general
For purposes of providing support for projects under this section—
(A) the United States International Development Finance Corporation may provide support for projects in countries with upper-middle-income economies or high-income economies (as those terms are defined by the World Bank);
(B) the restriction under
(C) the Corporation shall restrict the provision of such support in a country described in subparagraph (A) unless—
(i) the President certifies to the appropriate congressional committees that such support furthers the national economic or foreign policy interests of the United States; and
(ii) such support is—
(I) designed to produce significant developmental outcomes or provide developmental benefits to the poorest population of that country; or
(II) necessary to preempt or counter efforts by a strategic competitor of the United States to secure significant political or economic leverage or acquire national security-sensitive technologies or infrastructure in a country that is an ally or partner of the United States.
(2) Definitions
In this subsection, the terms "appropriate congressional committees" and "less developed country" have the meanings given those terms in
(
Editorial Notes
References in Text
The BUILD Act, referred to in subsec. (e), probably means the BUILD Act of 2018, also known as the Better Utilization of Investments Leading to Development Act of 2018, which is classified principally to
Codification
Section was enacted as part of the European Energy Security and Diversification Act of 2019, and also as part of the Further Consolidated Appropriations Act, 2020, and not as part of the Countering Russian Influence in Europe and Eurasia Act of 2017 which comprises this chapter.
Section is comprised of section 2004 of
Executive Documents
Delegation of Authority Under the European Energy Security and Diversification Act of 2019
Memorandum of President of the United States, June 8, 2022, 87 F.R. 35853, provided:
Memorandum for the Secretary of State
By the authority vested in me as President by the Constitution and the laws of the United States of America, including
You are authorized and directed to publish this memorandum in the Federal Register.
J.R. Biden, Jr.
§9564. Progress reports
Not later than one year after December 20, 2019, and annually thereafter, the President shall submit to the Committee on Foreign Relations of the Senate and the Committee on Foreign Affairs of the House of Representatives a report on progress made in providing assistance for projects under
(1) a description of the energy infrastructure projects the United States has identified for such assistance; and
(2) for each such project—
(A) a description of the role of the United States in the project, including in early-stage project support and late-stage project support;
(B) the amount and form of any debt financing and insurance provided by the United States Government for the project;
(C) the amount and form of any early-stage project support; and
(D) an update on the progress made on the project as of the date of the report.
(
Editorial Notes
Codification
Section was enacted as part of the European Energy Security and Diversification Act of 2019, and also as part of the Further Consolidated Appropriations Act, 2020, and not as part of the Countering Russian Influence in Europe and Eurasia Act of 2017 which comprises this chapter.