Collapse to view only § 9532. Rule of construction
- § 9521. Definitions
- § 9522. Codification of sanctions relating to the Russian Federation
- § 9523. Modification of implementation of Executive Order No. 13662
- § 9524. Imposition of sanctions with respect to activities of the Russian Federation undermining cybersecurity
- § 9525. Imposition of sanctions with respect to persons engaging in transactions with the intelligence or defense sectors of the Government of the Russian Federation
- § 9526. Sanctions with respect to the development of pipelines in the Russian Federation
- § 9527. Sanctions with respect to investment in or facilitation of privatization of State-owned assets by the Russian Federation
- § 9528. Sanctions with respect to the transfer of arms and related materiel to Syria
- § 9529. Sanctions described
- § 9530. Exceptions, waiver, and termination
- § 9531. Exception relating to activities of the National Aeronautics and Space Administration
- § 9532. Rule of construction
§ 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
(3) International financial institution
(4) Knowingly
(5) Person
(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.
(Pub. L. 115–44, title II, § 221, Aug. 2, 2017, 131 Stat. 906.)
§ 9522. Codification of sanctions relating to the Russian Federation
(a) Codification
(b) Termination of certain sanctionsSubject to section 9511 of this title, the President may terminate the application of sanctions described in subsection (a) that are imposed on a person in connection with activity conducted by the 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 described in subsection (a) in the future.
(c) Application of new cyber sanctionsThe 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 sanctionsThe 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.
(Pub. L. 115–44, title II, § 222, Aug. 2, 2017, 131 Stat. 906.)
§ 9523. Modification of implementation of Executive Order No. 13662
(a) Determination that certain entities are subject to sanctions
(b) Modification of Directive 1 with respect to the financial services sector of the Russian Federation economy
(c) Modification of Directive 2 with respect to the energy sector of the Russian Federation economy
(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.
(Pub. L. 115–44, title II, § 223, Aug. 2, 2017, 131 Stat. 907.)
§ 9524. Imposition of sanctions with respect to activities of the Russian Federation undermining cybersecurity
(a) In generalOn 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 section 9529 of this title with respect to any person that the President determines knowingly materially assists, sponsors, or provides financial, material, or technological support for, or goods or services (except financial services) in support of, an activity described in paragraph (1)(A); and
(3) impose three or more of the sanctions described in section 8923(c) of this title with respect to any person that the President determines knowingly provides financial services in support of an activity described in paragraph (1)(A).
(b) Sanctions describedThe sanctions described in this subsection are the following:
(1) Asset blocking
(2) Exclusion from the United States and revocation of visa or other documentation
(c) Application of new cyber sanctionsThe 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 definedIn 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.
(Pub. L. 115–44, title II, § 224, Aug. 2, 2017, 131 Stat. 908.)
§ 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
(b) Application of new sanctionsThe 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
(d) Modified waiver authority for certain sanctionable transactions under this section
(1) In generalThe President may use the authority under section 9530(b) of this title to waive the application of sanctions with respect to a person under this section without regard to section 9511 of this title if, not later than 30 days prior to the waiver taking effect, the President certifies in writing 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 that—
(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
(3) Report
(A) In general
(B) Matters to be includedThe 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
(f) Penalties
(Pub. L. 115–44, title II, § 231, Aug. 2, 2017, 131 Stat. 916; Pub. L. 115–232, div. A, title XII, § 1294(a), Aug. 13, 2018, 132 Stat. 2085.)
§ 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 section 9529 of this title with respect to a person if the President determines that the person knowingly, on or after August 2, 2017, makes an investment described in subsection (b) or sells, leases, or provides to the Russian Federation, for the construction of Russian energy export pipelines, goods, services, technology, information, or support described in subsection (c)—
(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
(c) Goods, services, technology, information, or support described
(Pub. L. 115–44, title II, § 232, Aug. 2, 2017, 131 Stat. 917.)
§ 9527. Sanctions with respect to investment in or facilitation of privatization of State-owned assets by the Russian Federation
(a) In generalThe President shall impose five or more of the sanctions described in section 9529 of this title if the President determines that a person, with actual knowledge, on or after August 2, 2017, makes an investment of $10,000,000 or more (or any combination of investments of not less than $1,000,000 each, which in the aggregate equals or exceeds $10,000,000 in any 12-month period), or facilitates such an investment, if the investment directly and significantly contributes to the ability of the Russian Federation to privatize state-owned assets in a manner that unjustly benefits—
(1) officials of the Government of the Russian Federation; or
(2) close associates or family members of those officials.
(b) Application of new sanctionsThe 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.
(Pub. L. 115–44, title II, § 233, Aug. 2, 2017, 131 Stat. 917.)
§ 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 (22 U.S.C. 2751 et seq.)); or
(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 (22 U.S.C. 2778(a)(1)).
(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
(2) Aliens ineligible for visas, admission, or parole
(A) Exclusion from the United States
(B) Current visas revoked
(i) In general
(ii) Effect of revocation
(c) Waiver
(d) Definitions
In this section:
(1) Financial, material, or technological support
(2) Foreign person
(3) Syria
(Pub. L. 115–44, title II, § 234, Aug. 2, 2017, 131 Stat. 918.)
§ 9529. Sanctions described
(a) Sanctions described
The sanctions to be imposed with respect to a person under section 9524(a)(2), 9525(b), 9526(a), or 9527(a) of this title are the following:
(1) Export-Import Bank assistance for exports to sanctioned persons
(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 (50 U.S.C. 4601 et seq.) (as continued in effect pursuant to the International Emergency Economic Powers Act (50 U.S.C. 1701 et seq.));
(B) the Arms Export Control Act (22 U.S.C. 2751 et seq.);
(C) the Atomic Energy Act of 1954 (42 U.S.C. 2011 et seq.); or
(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
(4) Loans from international financial institutions
(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
(B) Prohibition on service as a repository of 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
(7) Foreign exchange
(8) Banking transactions
(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
(11) Exclusion of corporate officers
(12) Sanctions on principal executive officers
(b) Sanctioned person defined
(Pub. L. 115–44, title II, § 235, Aug. 2, 2017, 131 Stat. 919.)
§ 9530. Exceptions, waiver, and termination
(a) ExceptionsThe 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 (50 U.S.C. 3091 et seq.), or any authorized intelligence activities of the United States.
(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
(c) TerminationSubject to section 9511 of this title, the President may terminate the application of sanctions under section 9524, 9525, 9526, 9527, or 9528 of this title with respect to a person if the President submits to the appropriate congressional committees—
(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.
(Pub. L. 115–44, title II, § 236, Aug. 2, 2017, 131 Stat. 921.)
§ 9531. Exception relating to activities of the National Aeronautics and Space Administration
(a) In general
(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.
(Pub. L. 115–44, title II, § 237, Aug. 2, 2017, 131 Stat. 922.)
§ 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 (Public Law 113–291; 128 Stat. 3626; 10 U.S.C. 2271 note), as amended by section 1607 of the National Defense Authorization Act for Fiscal Year 2016 (Public Law 114–92; 129 Stat. 1100) and section 1602 of the National Defense Authorization Act for Fiscal Year 2017 (Public Law 114–328; 130 Stat. 2582); or
(2) to prohibit a contractor or subcontractor of the Department of Defense from acquiring components referred to in such section 1608.
(Pub. L. 115–44, title II, § 238, Aug. 2, 2017, 131 Stat. 922.)