22 U.S.C. § 8924 — Sanctions on Russian and other foreign financial institutions
submitted 12 years ago by Pub. L. 113-272 to r/title-22-FOREIGN-RELATIONS-AND-INTERCOURSE · 533 words · no verdicts yet
The President must restrict a foreign bank's U.S. correspondent accounts if the bank knowingly handles significant transactions tied to Russian defense or energy sanctions violations, or knowingly processes a major financial transaction for a Russian person on the U.S. sanctions list, unless the President decides that is not in the national interest. The President can waive this with a national-security finding reported to Congress, and the section ends once Russia meets the certification described in section 8923(i).
(a) Facilitation of certain defense- and energy-related transactions — The President must impose the sanction in (c), unless the President decides it is not in the national interest, on a foreign financial institution* the President finds knowingly engaged, since August 2, 2017, in significant transactions tied to specific defense- or energy-sector sanctionable activities (described by cross-reference to section 8923) involving people already sanctioned under section 8923.
(b) Facilitation of financial transactions on behalf of specially designated nationals — The President must impose the sanction in (c), unless not in the national interest, on a foreign financial institution* the President finds knowingly facilitated, since 30 days after August 2, 2017, a significant financial transaction for a Russian person* on Treasury's list of specially designated nationals and blocked persons, under (1) this chapter, (2) three specific Executive orders about Ukraine (13660, 13661, 13662), or (3) any other Ukraine-crisis Executive order.
(c) Sanction described — For a foreign financial institution, the sanction is banning it from opening — or, if already open, strictly restricting or banning it from keeping — a U.S. correspondent account* or payable-through account*.
(d) National security waiver — The President may waive sanctions under this section by (1) finding the waiver serves national security interests, and (2) sending Congress a report on that finding and its reasons.
(e) Notification to Congress — The President must notify Congress in writing within 15 days of imposing sanctions on a foreign financial institution under (a) or (b).
(f) Implementation; penalties
(1) The President may use all authorities under sections 1702 and 1704 of title 50 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 section 1705 of title 50 directly.
(g) Termination — This section and its sanctions end on the date the President sends Congress the certification described in section 8923(i) — the same certification that Russia has stopped its destabilizing actions toward Ukraine.
The President shall impose, unless the President determines that it is not in the national interest of the United States to do so, the sanction described in subsection (c) with respect to a foreign financial institution* that the President determines knowingly engages, on or after August 2, 2017, in significant transactions involving activities described in subparagraph (A)(ii) or (B) of section 8923(a)(2) of this title or paragraph (1) or (3) of section 8923(b) of this title for persons with respect to which sanctions are imposed under section 8923 of this title.
The President shall impose, unless the President determines that it is not in the national interest of the United States to do so, the sanction described in subsection (c) with respect to a foreign financial institution* if the President determines that the foreign financial institution has, on or after the date that is 30 days after August 2, 2017, knowingly facilitated a significant financial transaction on behalf of any Russian person* included on the list of specially designated nationals and blocked persons maintained by the Office of Foreign Assets Control of the Department of the Treasury, pursuant to—
this chapter;
Executive Order No. 13660 (79 Fed. Reg. 13,493), 13661 (79 Fed. Reg. 15,535), or 13662 (79 Fed. Reg. 16,169); or
any other Executive order addressing the crisis in Ukraine.
The sanction described in this subsection is, with respect to a foreign financial institution, a prohibition on the opening, and a prohibition or the imposition of strict conditions on the maintaining, in the United States of a correspondent account* or a payable-through account* by the foreign financial institution.
The President may waive the application of sanctions under this section with respect to a foreign financial institution 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 President shall notify the appropriate congressional committees in writing not later than 15 days after imposing sanctions with respect to a foreign financial institution under subsection (a) or (b).
The President may exercise all authorities provided under sections 1702 and 1704 of title 50 to carry out the purposes of this section.
The penalties provided for in subsections (b) and (c) of section 1705 of title 50 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 1705(a) of title 50.
This section, and sanctions imposed under this section, shall terminate on the date on which the President submits to the appropriate congressional committees the certification described in section 8923(i) of this title.
Source credit: (Pub. L. 113–272, § 5, Dec. 18, 2014, 128 Stat. 2958; Pub. L. 115–44, title II, §§ 226, 229(b), Aug. 2, 2017, 131 Stat. 910, 915.)
- 2014Enacted · Pub. L. 113-272 · 128 Stat. 2958
- 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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