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22 U.S.C. § 8908 — Sanctions on persons in the Russian Federation complicit in or responsible for significant corruption

submitted 12 years ago by Pub. L. 113-95 to r/title-22-FOREIGN-RELATIONS-AND-INTERCOURSE · 881 words · no verdicts yet

in plain englishAI-generated · not legal advice

The President must sanction Russian officials and their family members who commit or order significant corruption in Russia, and anyone who materially helps them. Sanctions include freezing their U.S. property and barring them from entering the country. The President can waive or later end sanctions under specific conditions and must issue rules to carry this out.

(a) In general — This section applies to two groups. First, Russian government officials — or their close associates or family members — who the President decides, on or after August 2, 2017, committed, ordered, or helped with major corruption in Russia or elsewhere. That includes stealing private or public property for personal gain, corruption tied to government contracts or resource extraction, bribery, or moving corrupt proceeds to other countries. Second, anyone who materially helps, sponsors, or gives money, materials, technology, goods, or services to support that corruption.

(b) Sanctions described
(1) The President must impose two kinds of sanctions on these people:
(A) Asset blocking — Using all the powers under the International Emergency Economic Powers Act, the President must freeze all of the person's property and property interests that are in the United States, that enter the United States, or that a U.S. person controls.
(B) Exclusion from the United States — If the person is a foreign national ("alien"), the government must deny them a visa, keep them out of the United States, and cancel any visa or travel document they already have.
(2) Penalties — Anyone who violates, tries to violate, conspires to violate, or causes a violation of the asset-blocking rule (or any related regulation, license, or order) faces the same penalties as a violation of the International Emergency Economic Powers Act itself.
(3) Exception for importing goods — The asset-blocking power does not let the President block the importation of goods. "Good" has the meaning given in the cited section of title 50.
(4) Exception for the U.N. headquarters agreement — The travel-ban part of the sanctions does not apply if letting someone into the U.S. is necessary so the U.S. can keep its promises under the 1947 agreement establishing the United Nations headquarters, or other international obligations.

(c) Waiver — Except as subsection (d) requires, the President may waive sanctions for a person if the President decides the waiver serves U.S. national security interests, and notifies the relevant Senate and House committees, with reasons, on or before the waiver takes effect.

(d) Termination — Subject to section 9511, the President may end sanctions on a person by notifying Congress that the person has stopped the sanctioned activity (or taken real, verifiable steps toward stopping), and that the President has gotten reliable assurances the person will not knowingly do it again.

(e) Application of new sanctions — The President may waive sanctions before they are first applied to a person only by submitting to Congress a written finding that the waiver either serves vital national security interests or helps enforce this law, plus a certification that Russia is taking steps to carry out the Minsk peace agreements on eastern Ukraine (signed February 11, 2015, and the earlier Minsk Protocol from September 5, 2014) or any later agreements Ukraine's government accepts.

(e) Regulatory authority — (This subsection is also labeled "(e)" in the official text.) The President must issue whatever regulations, licenses, and orders are needed to carry out this section.

the actual law source: uscode.house.gov ↗public domain
(a) In general

The President shall impose the sanctions described in subsection (b) with respect to—

(1)

any official of the Government of the Russian Federation, or a close associate or family member of such an official, that the President determines is, on or after August 2, 2017, responsible for, or complicit in, or responsible for ordering, controlling, or otherwise directing, acts of significant corruption in the Russian Federation or elsewhere, including the expropriation of private or public assets for personal gain, corruption related to government contracts or the extraction of natural resources, bribery, or the facilitation or transfer of the proceeds of corruption to foreign jurisdictions; and

(2)

any individual who has materially assisted, sponsored, or provided financial, material, or technological support for, or goods or services in support of, an act described in paragraph (1).

(b) Sanctions described
(1) In general

The sanctions described in this subsection are the following:

(A) Asset blocking

The exercise of all powers granted to the President by the International Emergency Economic Powers Act (50 U.S.C. 1701 et seq.) to the extent necessary to block and prohibit all transactions in all property and interests in property of a person determined by the President to be subject to subsection (a) if such property and interests in property are in the United States, come within the United States, or are or come within the possession or control of a United States person.

(B) 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), denial of a visa to, and exclusion from the United States of, the alien, and revocation in accordance with section 1201(i) of title 8, of any visa or other documentation of the alien.

(2) Penalties

A person that violates, attempts to violate, conspires to violate, or causes a violation of paragraph (1)(A) or any regulation, license, or order issued to carry out paragraph (1)(A) shall be subject to the penalties set forth in subsections (b) and (c) of section 206 of the International Emergency Economic Powers Act (50 U.S.C. 1705) to the same extent as a person that commits an unlawful act described in subsection (a) of that section.

(3) Exception relating to the importation of goods
(A) In general

The authority to block and prohibit all transactions in all property and interests in property under paragraph (1)(A) shall not include the authority to impose sanctions on the importation of goods.

(B) Good defined

In this paragraph, 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 (50 U.S.C. 1701 et seq.)).

(4) Exception to comply with United Nations headquarters agreement

Sanctions under paragraph (1)(B) shall not apply to an alien if admitting the alien into the United States is necessary to permit the United States to comply with the Agreement regarding the Headquarters of the United Nations, signed at Lake Success June 26, 1947, and entered into force November 21, 1947, between the United Nations and the United States, or other applicable international obligations.

(c) Waiver

except 2 as provided in subsection (d), the President may waive the application of sanctions under subsection (b) with respect to a person if the President—

(1)

determines that such a waiver is in the national security interests of the United States; and

(2)

on or before the date on which the waiver takes effect, submits to the Committee on Foreign Relations and the Committee on Banking, Housing, and Urban Affairs of the Senate and the Committee on Foreign Affairs and the Committee on Financial Services of the House of Representatives a notice of and a justification for the waiver.

(d) Termination

Subject to section 9511 of this title, the President may terminate the application of sanctions under subsection (b) with respect to a person if the President submits to the appropriate congressional committees a notice that—

(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 under subsection (a) in the future.

(e)3 Application of new sanctions

The President may waive the initial application of sanctions under subsection (b) 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.

(e)3 Regulatory authority

The President shall issue such regulations, licenses, and orders as are necessary to carry out this section.

Source credit: (Pub. L. 113–95, § 9, Apr. 3, 2014, 128 Stat. 1094; Pub. L. 115–44, title II, §§ 227, 230(b), Aug. 2, 2017, 131 Stat. 910, 916.)

history & why it existsrecord from the source credit
  • 2014Enacted · Pub. L. 113-95 · 128 Stat. 1094
  • 2017Amended · Pub. L. 115-44 · 131 Stat. 910, 916

A history note hasn’t been published yet. The record shows enactment by Pub. L. 113-95 on 2014-04-03.

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