22 U.S.C. § 8923 — Sanctions relating to the defense and energy sectors of the Russian Federation
submitted 12 years ago by Pub. L. 113-272 to r/title-22-FOREIGN-RELATIONS-AND-INTERCOURSE · 2,327 words · no verdicts yet
The President must impose at least three sanctions on Rosoboronexport and on Russian entities (or their supporters) that make, sell, or transfer weapons into Syria or countries like Ukraine without that country's consent, and must sanction foreign persons who make major investments in special Russian crude oil projects, unless doing so is not in the national interest. Available sanctions range from blocking export financing and government contracts to freezing property and barring entry to the U.S., subject to listed exceptions, waivers, and a certification-based termination date once Russia stops destabilizing Ukraine.
(a) Sanctions relating to the defense sector
(1) Rosoboronexport — Unless subsection (d)'s exceptions apply, within 30 days of December 18, 2014, the President had to impose 3 or more of the sanctions listed in (c) on Rosoboronexport (a Russian state arms exporter).
(2) Russian producers, transferors, or brokers of defense articles — Unless (d) applies, starting 45 days after December 18, 2014, the President must impose 3 or more sanctions from (c) on a foreign person* the President finds either (A) is an entity owned or controlled by Russia's government or Russian nationals that (i) knowingly makes or sells weapons transferred into Syria or a "specified country" without that country's government's consent, (ii) transfers weapons into Syria or a specified country without consent, or (iii) brokers or helps transfer weapons into Syria or a specified country without consent; or (B) knowingly, since December 18, 2014, helps, sponsors, or provides money, materials, technology, goods, or services to an entity described in (A) for that activity.
(3) "Specified country" — (A) means Ukraine, Georgia, Moldova, and any other country the President names as a country of significant concern, such as Poland, Lithuania, Latvia, Estonia, or the Central Asian republics. (B) The President must notify Congress in writing at least 15 days before naming or un-naming a country this way.
(b) Sanctions related to the energy sector
(1) Development of special Russian crude oil projects — Unless (d) applies, starting 30 days after August 2, 2017, the President must impose 3 or more sanctions from (c) on a foreign person the President finds knowingly makes a significant investment in a special Russian crude oil project* — unless the President decides doing so is not in the national interest.
(2) Licensing extension authority — The President, through Commerce's Bureau of Industry and Security or Treasury's Office of Foreign Assets Control, may add licensing requirements or other restrictions on exporting equipment for Russia's energy sector, including tertiary oil-recovery equipment.
(3) Gazprom contingency sanction — If the President finds Gazprom is withholding significant natural gas from NATO countries, or further withholds gas from countries like Ukraine, Georgia, or Moldova, the President must, within 45 days of that finding, impose the sanction in (c)(7) plus at least one more sanction from (c) on Gazprom.
(c) Sanctions described — The President may choose from these sanctions for a person under (a) or (b): (1) blocking Export-Import Bank financing for exports to them; (2) barring federal agencies from procurement contracts with them; (3) banning arms exports and license approvals to them; (4) banning or suspending licenses for controlled dual-use exports to them; (5) blocking property transactions involving their U.S.-linked property; (6) blocking banking transfers or payments tied to them through U.S.-jurisdiction financial institutions; (7) banning U.S. persons from investing in or financing their debt (over 30 days' maturity under (a), or 90 days' under (b)) or equity issued after sanctions start; (8) for an individual, denying or revoking a visa and excluding them from the U.S., subject to the U.N. headquarters agreement exception; (9) for an entity, applying any of these individual sanctions to its top executive officer(s) or people with similar authority.
(d) Exceptions
(1) Importation of goods — (A) The property-transaction sanction in (c)(5) does not authorize blocking the importation of goods. (B) "Good" has the meaning given in a specific section of the Export Administration Act of 1979.
(2) Additional exceptions — The President does not have to apply or keep sanctions under (a) or (b): (A) for procuring defense articles or services under existing contracts (and related ancillary contracts) needed for U.S. national security, if the President finds in writing either (i) the sanctioned person is the sole source, the items are essential, no other source is reasonably available, and sanctions would hurt U.S. national interests, or (ii) the items are essential under a defense coproduction agreement and sanctions would hurt U.S. national interests; (B) for procuring "eligible products" from a country given special trade status under specific customs law provisions; (C) for products, technology, or services under contracts signed before the President publicly names the sanctioned person; (D) for (i) spare parts essential to U.S. products or production, (ii) essential component (not finished) parts, or (iii) routine servicing and maintenance of U.S. products, when no reasonable alternative source exists; (E) for information and technology essential to U.S. products or production; or (F) for food, medicine, medical devices, or farm products as defined in section 8511.
(e) National security waiver — The President may waive sanctions under (a) or (b) for a person by (1) finding the waiver serves U.S. national security interests, and (2) sending Congress a report explaining the finding and reasons. That report must be unclassified, though it may include a classified annex.
(f) Transaction-specific national security waiver — The President may waive sanctions under (a) or (b) for one specific transaction by (1) finding the transaction serves U.S. national security interests, and (2) sending Congress a detailed report explaining why the waiver is necessary for that transaction. That report, too, must be unclassified but may include a classified annex.
(g) Notifications and certifications to Congress
(1) The President must notify Congress in writing within 15 days of imposing sanctions on someone under (a) or (b).
(2) Subject to section 9511, the President may end sanctions under (a)(2) on a person by sending Congress (A) a notice explaining the reasons, and (B) a notice that (i) the person stopped the sanctioned activity or took real steps to stop, and (ii) the President has reliable assurance they will not do it again.
(h) Implementation; penalties
(1) The President may use all authorities under sections 203 and 205 of the International Emergency Economic Powers Act to carry this section out.
(2) Anyone who violates, tries to, conspires to, or causes a violation of (a) or (b), or a related order or regulation, faces the same penalties as violating that Act directly.
(i) Termination
(1) Except as (2) says, this section and its sanctions end once the President certifies to Congress that Russia's government has stopped ordering, controlling, directing, supporting, or financing serious efforts to undermine Ukraine's peace, security, stability, sovereignty, or territorial integrity — including through an agreement between the relevant parties.
(2) That termination date does not apply to the parts of (a) about transferring weapons into Syria, or sanctions imposed because of that.
Except as provided in subsection (d), not later than 30 days after December 18, 2014, the President shall impose 3 or more of the sanctions described in subsection (c) with respect to Rosoboronexport.
Except as provided in subsection (d), on and after the date that is 45 days after December 18, 2014, the President shall impose 3 or more of the sanctions described in subsection (c) with respect to a foreign person* the President determines—
is an entity—
owned or controlled by the Government of the Russian Federation or owned or controlled by nationals of the Russian Federation; and
that—
knowingly manufactures or sells defense articles transferred into Syria or into the territory of a specified country without the consent of the internationally recognized government of that country;
transfers defense articles into Syria or into the territory of a specified country without the consent of the internationally recognized government of that country; or
brokers or otherwise assists in the transfer of defense articles into Syria or into the territory of a specified country without the consent of the internationally recognized government of that country; or
knowingly, on or after December 18, 2014, assists, sponsors, or provides financial, material, or technological support for, or goods or services to or in support of, an entity described in subparagraph (A) with respect to an activity described in clause (ii) of that subparagraph.
In this subsection, the term “specified country” means—
Ukraine, Georgia, and Moldova; and
any other country designated by the President as a country of significant concern for purposes of this subsection, such as Poland, Lithuania, Latvia, Estonia, and the Central Asia republics.
The President shall notify the appropriate congressional committees* in writing not later than 15 days before—
designating a country as a country of significant concern under subparagraph (A)(ii); or
terminating a designation under that subparagraph, including the termination of any such designation pursuant to subsection (i).
Except as provided in subsection (d), on and after the date that is 30 days after August 2, 2017, the President shall impose, unless the President determines that it is not in the national interest of the United States to do so, 3 or more of the sanctions described in subsection (c) with respect to a foreign person if the President determines that the foreign person knowingly makes a significant investment in a special Russian crude oil project*.
The President, through the Bureau of Industry and Security of the Department of Commerce or the Office of Foreign Assets Control of the Department of the Treasury, as appropriate, may impose additional licensing requirements for or other restrictions on the export or reexport of items for use in the energy sector of the Russian Federation, including equipment used for tertiary oil recovery.
If the President determines that Gazprom is withholding significant natural gas supplies from member countries of the North Atlantic Treaty Organization, or further withholds significant natural gas supplies from countries such as Ukraine, Georgia, or Moldova, the President shall, not later than 45 days after making that determination, impose the sanction described in subsection (c)(7) and at least one additional sanction described in subsection (c) with respect to Gazprom.
The sanctions the President may impose with respect to a foreign person under subsection (a) or (b) are the following:
The President may direct the Export-Import Bank of the United States not to approve 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 foreign person.
The President may prohibit the head of any executive agency (as defined in section 133 of title 41) from entering into any contract for the procurement of any goods or services from the foreign person.
The President may 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 foreign person and the issuance of any license or other approval to the foreign person under section 2778 of this title.
The President may prohibit the issuance of any license and suspend any license for the transfer to the foreign person of any item the export of which is controlled under the Export Administration Act of 1979 (50 U.S.C. App. 2401 et seq.) 1 (as in effect pursuant to the International Emergency Economic Powers Act (50 U.S.C. 1701 et seq.)) or the Export Administration Regulations under subchapter C of chapter VII of title 15, Code of Federal Regulations.
The President may, pursuant to such regulations as the President may prescribe, prohibit any person from—
acquiring, holding, withholding, using, transferring, withdrawing, transporting, or exporting any property that is subject to the jurisdiction of the United States and with respect to which the foreign person has any interest;
dealing in or exercising any right, power, or privilege with respect to such property; or
conducting any transaction involving such property.
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 foreign person.
The President may, pursuant to such regulations as the President may prescribe, prohibit any United States person from transacting in, providing financing for, or otherwise dealing in—
debt—
of longer than 30 days’ maturity of a foreign person with respect to which sanctions are imposed under subsection (a) or of longer than 90 days’ maturity of a foreign person with respect to which sanctions are imposed under subsection (b); and
issued on or after the date on which such sanctions are imposed with respect to the foreign person; or
equity of the foreign person issued on or after that date.
In the case of a foreign person who is an individual, 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, the foreign person, subject to regulatory exceptions 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.
In the case of a foreign person that is an entity, the President may impose on the principal executive officer or officers of the foreign person, or on individuals performing similar functions and with similar authorities as such officer or officers, any of the sanctions described in this subsection applicable to individuals.
The authority to block and prohibit all transactions in all property and interests in property under subsection (c)(5) shall not include the authority to impose sanctions on the importation of goods.
In this paragraph, the term “good” has the meaning given that term in section 16 of the Export Administration Act of 1979 (50 U.S.C. App. 2415) 1 (as continued in effect pursuant to the International Emergency Economic Powers Act (50 U.S.C. 1701 et seq.)).
The President shall not be required to apply or maintain the sanctions under subsection (a) or (b)—
in the case of procurement of defense articles or defense services under existing contracts, subcontracts, or other business agreements, including ancillary or incidental contracts for goods, or for services or funding (including necessary financial services) associated with such goods, as necessary to give effect to such contracts, subcontracts, or other business agreements, and the exercise of options for production quantities to satisfy requirements essential to the national security of the United States—
if the President determines in writing that—
the foreign person to which the sanctions would otherwise be applied is a sole source supplier of the defense articles or services;
the defense articles or services are essential;
alternative sources are not readily or reasonably available; and
the national interests of the United States would be adversely affected by the application or maintenance of such sanctions; or
if the President determines in writing that—
such articles or services are essential to the national security under defense coproduction agreements; and
the national interests of the United States would be adversely affected by the application or maintenance of such sanctions;
in the case of procurement, to eligible products, as defined in section 2518(4) of title 19, of any foreign country or instrumentality designated under section 2511(b)(1) of title 19;
to products, technology, or services provided under contracts, subcontracts, or other business agreements (including ancillary or incidental contracts for goods, or for services or funding (including necessary financial services) associated with such goods, as necessary to give effect to such contracts, subcontracts, or other business agreements) entered into before the date on which the President publishes in the Federal Register the name of the foreign person with respect to which the sanctions are to be imposed;
to—
spare parts that are essential to United States products or production;
component parts, but not finished products, essential to United States products or production; or
routine servicing and maintenance of United States products, to the extent that alternative sources are not readily or reasonably available;
to information and technology essential to United States products or production; or
to food, medicine, medical devices, or agricultural commodities (as those terms are defined in section 8511 of this title).
The President may waive the application of sanctions under subsection (a) or (b) with respect to a foreign person if the President—
determines that the waiver is in the national security interest of the United States; and
submits to the appropriate congressional committees a report on the determination and the reasons for the determination.
The report required by paragraph (1)(B) shall be submitted in unclassified form, but may include a classified annex.
The President may waive the application of sanctions under subsection (a) or (b) with respect to a specific transaction if the President—
determines that the transaction is in the national security interest of the United States; and
submits to the appropriate congressional committees a detailed report on the determination and the specific reasons for the determination that a waiver with respect to the transaction is necessary and appropriate.
The report required by paragraph (1)(B) shall be submitted in unclassified form, but may include a classified annex.
The President shall notify the appropriate congressional committees in writing not later than 15 days after imposing sanctions with respect to a foreign person under subsection (a) or (b).
Subject to section 9511 of this title, the President may terminate the imposition of sanctions under subsection (a)(2) with respect to a foreign person if the President submits to the appropriate congressional committees—
a notice of and justification for the termination; and
a notice that—
the foreign 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
the President has received reliable assurances that the foreign person will not knowingly engage in activity subject to sanctions under subsection (a)(2) in the future.
The President may exercise all authorities provided under sections 203 and 205 of the International Emergency Economic Powers Act (50 U.S.C. 1702 and 1704) to carry out the purposes of this section.
The penalties provided for in subsections (b) and (c) of section 206 of the International Emergency Economic Powers Act (50 U.S.C. 1705) shall apply to a person that violates, attempts to violate, or conspires to violate, or causes a violation of, subsection (a) or (b) of this section, or an order or regulation prescribed under either such subsection, to the same extent that such penalties apply to a person that commits an unlawful act described in section 206(a) of the International Emergency Economic Powers Act.
Except as provided in paragraph (2), this section, and sanctions imposed under this section, shall terminate on the date on which the President submits to the appropriate congressional committees a certification that the Government of the Russian Federation has ceased ordering, controlling, or otherwise directing, supporting, or financing, significant acts intended to undermine the peace, security, stability, sovereignty, or territorial integrity of Ukraine, including through an agreement between the appropriate parties.
The termination date under paragraph (1) shall not apply with respect to the provisions of subsection (a) relating to the transfer of defense articles into Syria or sanctions imposed pursuant to such provisions.
Source credit: (Pub. L. 113–272, § 4, Dec. 18, 2014, 128 Stat. 2953; Pub. L. 115–44, title II, §§ 225, 229(a), Aug. 2, 2017, 131 Stat. 910, 915.)
- 2014Enacted · Pub. L. 113-272 · 128 Stat. 2953
- 2017Amended · Pub. L. 115-44 · 131 Stat. 910, 915
A history note hasn’t been published yet. The record shows enactment by Pub. L. 113-272 on 2014-12-18.
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