22 USC 8909 - Mandatory imposition of sanctions with respect to certain transactions with persons that evade sanctions imposed with respect to the Russian Federation

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

§ 8909.

Mandatory imposition of sanctions with respect to certain transactions with persons that evade sanctions imposed with respect to the Russian Federation

(a)

In general

The President shall impose the sanctions described in subsection (b) with respect to a foreign person if the President determines that the foreign person knowingly, on or after August 2, 2017—

(1)

materially violates, attempts to violate, conspires to violate, or causes a violation of any license, order, regulation, or prohibition contained in or issued pursuant to any covered Executive order, this chapter, or the Ukraine Freedom Support Act of 2014 (22 U.S.C. 8921 et seq.); or

(2)

facilitates a significant transaction or transactions, including deceptive or structured transactions, for or on behalf of—

(A)

any person subject to sanctions imposed by the United States with respect to the Russian Federation; or

(B)

any child, spouse, parent, or sibling of an individual described in subparagraph (A).

(b)

Sanctions described

(c)

Implementation; penalties

(1)

Implementation

(2)

Penalties

(d)

Application of new sanctions

The President may waive the initial application of sanctions under subsection (b) 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;

(2)

in the case of sanctions imposed under this section in connection with a covered Executive order described in subparagraph (A), (B), (C), or (D) of subsection (f)(1), 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; and

(3)

in the case of sanctions imposed under this section in connection with a covered Executive order described in subparagraphs (E) or (F) of subsection (f)(1), 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.

(e)

Termination

Subject to section 9511 of this title, the President may terminate the application of sanctions under subsection (b) 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 subsection (a) in the future.

(f)

Definitions

In this section:

(1)

Covered executive order

The term “covered Executive order” means any of the following:

(A)

Executive Order No. 13660 (79 Fed. Reg. 13493; relating to blocking property of certain persons contributing to the situation in Ukraine).

(B)

Executive Order No. 13661 (79 Fed. Reg. 15535; relating to blocking property of additional persons contributing to the situation in Ukraine).

(C)

Executive Order No. 13662 (79 Fed. Reg. 16169; relating to blocking property of additional persons contributing to the situation in Ukraine).

(D)

Executive Order No. 13685 (79 Fed. Reg. 77357; relating to blocking property of certain persons and prohibiting certain transactions with respect to the Crimea region of Ukraine).

(E)

Executive Order No. 13694 (80 Fed. Reg. 18077; relating to blocking the property of certain persons engaging in significant malicious cyber-enabled activities), relating to the Russian Federation.

(F)

Executive Order No. 13757 (82 Fed. Reg. 1; relating to taking additional steps to address the national emergency with respect to significant malicious cyber-enabled activities), relating to the Russian Federation.

(2)

Foreign person

(3)

Structured

(Pub. L. 113–95, § 10, as added Pub. L. 115–44, title II, § 228(a), Aug. 2, 2017, 131 Stat. 911.)

cite as: 22 USC 8909