22 USC 9525 - Imposition of sanctions with respect to persons engaging in transactions with the intelligence or defense sectors of the Government of the Russian Federation

U.S Code last checked for updates: Nov 22, 2024

§ 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 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

(d)

Modified waiver authority for certain sanctionable transactions under this section

(1)

In general

The 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 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

(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.)

cite as: 22 USC 9525