22 USC 8923 - Sanctions relating to the defense and energy sectors of the Russian Federation

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

§ 8923.

Sanctions relating to the defense and energy sectors of the Russian Federation

(a)

Sanctions relating to the defense sector

(1)

Rosoboronexport

(2)

Russian producers, transferors, or brokers of defense articles

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—

(A)

is an entity—

(i)

owned or controlled by the Government of the Russian Federation or owned or controlled by nationals of the Russian Federation; and

(ii)

that—

(I)

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;

(II)

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

(III)

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

(B)

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.

(3)

Specified country defined

(A)

In general

In this subsection, the term “specified country” means—

(i)

Ukraine, Georgia, and Moldova; and

(ii)

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.

(B)

Notice to Congress

The President shall notify the appropriate congressional committees in writing not later than 15 days before—

(i)

designating a country as a country of significant concern under subparagraph (A)(ii); or

(ii)

terminating a designation under that subparagraph, including the termination of any such designation pursuant to subsection (i).

(b)

Sanctions related to the energy sector

(1)

Development of special Russian crude oil projects

(2)

Authorization for extension of licensing limitations on certain equipment

(3)

Contingent sanction relating to Gazprom

(c)

Sanctions described

The sanctions the President may impose with respect to a foreign person under subsection (a) or (b) are the following:

(1)

Export-Import Bank assistance

(2)

Procurement sanction

(3)

Arms export prohibition

(4)

Dual-use export prohibition

(5)

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, 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;

(B)

dealing in or exercising any right, power, or privilege with respect to such property; or

(C)

conducting any transaction involving such property.

(6)

Banking transactions

(7)

Prohibition on investment in equity or debt of sanctioned 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—

(A)

debt—

(i)

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

(ii)

issued on or after the date on which such sanctions are imposed with respect to the foreign person; or

(B)

equity of the foreign person issued on or after that date.

(8)

Exclusion from the United States and revocation of visa or other documentation

(9)

Sanctions on principal executive officers

(d)

Exceptions

(1)

Importation of goods

(A)

In general

(B)

Good defined

(2)

Additional exceptions

The President shall not be required to apply or maintain the sanctions under subsection (a) or (b)—

(A)

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—

(i)

if the President determines in writing that—

(I)

the foreign person to which the sanctions would otherwise be applied is a sole source supplier of the defense articles or services;

(II)

the defense articles or services are essential;

(III)

alternative sources are not readily or reasonably available; and

(IV)

the national interests of the United States would be adversely affected by the application or maintenance of such sanctions; or

(ii)

if the President determines in writing that—

(I)

such articles or services are essential to the national security under defense coproduction agreements; and

(II)

the national interests of the United States would be adversely affected by the application or maintenance of such sanctions;

(B)

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;

(C)

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;

(D)

to—

(i)

spare parts that are essential to United States products or production;

(ii)

component parts, but not finished products, essential to United States products or production; or

(iii)

routine servicing and maintenance of United States products, to the extent that alternative sources are not readily or reasonably available;

(E)

to information and technology essential to United States products or production; or

(F)

to food, medicine, medical devices, or agricultural commodities (as those terms are defined in section 8511 of this title).

(e)

National security waiver

(1)

In general

The President may waive the application of sanctions under subsection (a) or (b) with respect to a foreign person if the President—

(A)

determines that the waiver is in the national security interest of the United States; and

(B)

submits to the appropriate congressional committees a report on the determination and the reasons for the determination.

(2)

Form of report

(f)

Transaction-specific national security waiver

(1)

In general

The President may waive the application of sanctions under subsection (a) or (b) with respect to a specific transaction if the President—

(A)

determines that the transaction is in the national security interest of the United States; and

(B)

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.

(2)

Form of report

(g)

Notifications and certifications to Congress

(1)

Imposition of sanctions

(2)

Termination of sanctions with respect to Russian producers, transferors, or brokers of defense articles

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)

a notice of and justification for the termination; and

(B)

a notice that—

(i)

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

(ii)

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.

(h)

Implementation; penalties

(1)

Implementation

(2)

Penalties

(i)

Termination

(1)

In general

(2)

Applicability with respect to Syria

(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.)

cite as: 22 USC 8923