[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[S. 3723 Placed on Calendar Senate (PCS)]
<DOC>
Calendar No. 293
117th CONGRESS
2d Session
S. 3723
To impose sanctions with respect to the Russian Federation in response
to the invasion of Ukraine, to confiscate assets of the Russian
Federation and remit those assets to the legitimate Government of
Ukraine, and for other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
March 1, 2022
Mr. Cassidy introduced the following bill; which was read the first
time
March 2, 2022
Read the second time and placed on the calendar
_______________________________________________________________________
A BILL
To impose sanctions with respect to the Russian Federation in response
to the invasion of Ukraine, to confiscate assets of the Russian
Federation and remit those assets to the legitimate Government of
Ukraine, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``Special Russian
Sanctions Authority Act of 2022''.
(b) Table of Contents.--The table of contents for this Act is as
follows:
Sec. 1. Short title; table of contents.
TITLE I--SANCTIONS
Sec. 101. Definitions.
Sec. 102. Joint Task Force on Russian Sanctions.
Sec. 103. Imposition of sanctions with respect to officials of the
Government of the Russian Federation.
Sec. 104. Imposition of sanctions with respect to Navalny 35.
Sec. 105. Imposition of sanctions with respect to the Wagner Group.
Sec. 106. Implementation; penalties; exceptions.
TITLE II--OTHER MATTERS
Sec. 201. Confiscation of assets of Russian Federation; remittance to
legitimate Government of Ukraine.
Sec. 202. Designation of Vladimir Putin as a specially designated
global terrorist.
Sec. 203. Declaration of certain governments with military cooperation
agreements with the Russian Federation as
engaging in grave hostile acts of a foreign
power.
Sec. 204. Recognition of government of Volodymyr Zelenskyy as
legitimate government of Ukraine.
Sec. 205. Military assistance for Ukraine.
Sec. 206. Closure of consulates; restriction on free movement of
Russian diplomats.
Sec. 207. Anti-money laundering requirements for real estate
professionals.
TITLE I--SANCTIONS
SEC. 101. DEFINITIONS.
In this title:
(1) Admission; admitted; alien.--The terms ``admission'',
``admitted'', and ``alien'' have the meanings given those terms
in section 101 of the Immigration and Nationality Act (8 U.S.C.
1101).
(2) Property.--The term ``property'' includes
cryptocurrency.
(3) United states person.--The term ``United States
person'' means--
(A) an individual who is 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 any jurisdiction within the United
States, including a foreign branch of such an entity.
SEC. 102. JOINT TASK FORCE ON RUSSIAN SANCTIONS.
(a) Establishment.--There is established a Joint Task Force on
Russian Sanctions (in this section referred to as the ``Task Force'').
(b) Leadership.--The Task Force shall be led by the Director of
National Intelligence.
(c) Composition.--The Task Force shall be composed of
representatives from--
(1) the Office of Foreign Assets Control of the Department
of the Treasury;
(2) the head of the Office of Sanctions Coordination of the
Department of State;
(3) each element of the intelligence community (as defined
in section 3(4) of the National Security Act of 1947 (50 U.S.C.
3003(4))); and
(4) any other agency the Director of National Intelligence
considers appropriate.
(d) Duties.--The Task Force shall be responsible for coordinating
the imposition of sanctions with respect to the Russian Federation.
(e) Identification of Sanctionable Persons.--The Task Force shall,
on an ongoing basis, submit to the President, the Director of the
Office of Foreign Assets Control, and the head of the Office of
Sanctions Coordination of the Department of State, lists of persons the
Task Force identifies as subject to sanctions imposed by the United
States with respect to the Russian Federation.
(f) Identification of Cryptocurrency.--In carrying out subsections
(d) and (e), the Task Force shall consider ways--
(1) to identify cryptocurrency owned by persons subject to
sanctions imposed by the United States with respect to the
Russian Federation; and
(2) to block and prohibit all transactions in such
cryptocurrency.
SEC. 103. IMPOSITION OF SANCTIONS WITH RESPECT TO OFFICIALS OF THE
GOVERNMENT OF THE RUSSIAN FEDERATION.
(a) In General.--As soon as practicable after the date of the
enactment of this Act, the President shall impose the sanctions
described in subsection (b) with respect to any individual serving in
any of the following positions on or after March 26, 2014:
(1) As a member of the United Russia Party in the State
Duma.
(2) As an official of the Government of the Russian
Federation at the level of director or higher.
(3) As a member of the intelligence apparatus of the
Government of the Russian Federation.
(4) As a officer of the Armed Forces of the Russian
Federation with the rank of colonel or higher.
(b) Sanctions Described.--The sanctions described in this
subsection are the following:
(1) Blocking of property.--The President shall exercise all
of the powers granted to the President under the International
Emergency Economic Powers Act (50 U.S.C. 1701 et seq.) to the
extent necessary to block and prohibit all transactions in
property and interests in property of an individual described
in subsection (a) if such property and interests in property
are in the United States, come within the United States, or are
or come within the possession or control of a United States
person.
(2) Ineligibility for visas, admission, or parole.--
(A) Visas, admission, or parole.--An alien
described in subsection (a) is--
(i) inadmissible to the United States;
(ii) ineligible to receive a visa or other
documentation to enter the United States; and
(iii) otherwise ineligible to be admitted
or paroled into the United States or to receive
any other benefit under the Immigration and
Nationality Act (8 U.S.C. 1101 et seq.).
(B) Current visas revoked.--
(i) In general.--An alien described in
subsection (a) is subject to revocation of any
visa or other entry documentation, regardless
of when the visa or other entry documentation
is or was issued.
(ii) Immediate effect.--A revocation under
clause (i) shall--
(I) take effect immediately; and
(II) automatically cancel any other
valid visa or entry documentation that
is in the alien's possession.
SEC. 104. IMPOSITION OF SANCTIONS WITH RESPECT TO NAVALNY 35.
(a) In General.--As soon as practicable after the date of the
enactment of this Act, the President shall exercise all of the powers
granted to the President under the International Emergency Economic
Powers Act (50 U.S.C. 1701 et seq.) to the extent necessary to block
and prohibit all transactions in property and interests in property of
each individual specified in subsection (b) if such property and
interests in property are in the United States, come within the United
States, or are or come within the possession or control of a United
States person.
(b) Individuals Specified.--The individuals specified in this
subsection are the following:
(1) Roman Abramovich, businessman.
(2) Denis Bortnikov, Deputy President and Chairman of the
Management Board of VTB Bank.
(3) Andrey Kostin, President and Chairman of the Management
Board of VTB Bank.
(4) Dmitry Patrushev, Minister of Agriculture.
(5) Igor Shuvalov, Chairman of the State Development
Corporation VEB.
(6) Alisher Usmanov, businessman.
(7) Oleg Deripaska, businessman.
(8) Alexei Miller, Chairman of the Management Committee of
Gazprom.
(9) Igor Sechin, Chairman of the Management Board of
Rosneft.
(10) Gennady Timchenko, businessman.
(11) Nikolai Tokarev, Chairman of Transneft.
(12) Andrey Vorobyev, Governor of the Moscow Region XIII.
(13) Mikhail Murashko, Minister of Health.
(14) Vladimir Solovyev, media personality.
(15) Alexander Bastrykin, Head of the Investigative
Committee.
(16) Alexander Bortnikov, Director of the Federal Security
Service (FSB).
(17) Konstantin Ernst, Chief Executive Officer of Channel
One TV station.
(18) Victor Gavrilov, Head of the Department of Transport
of the Economic Security Service.
(19) Dmitry Ivanov, Head of Chelyabinsk FSB.
(20) Alexander Kalashnikov, Director of the Federal
Penitentiary Service (FSIN).
(21) Sergei Kirienko, First Deputy Head of the Presidential
Administration.
(22) Elena Morozova, Judge of Khimki District Court.
(23) Denis Popov, Chief Prosecutor of Moscow.
(24) Margarita Simonyan, Editor-in-Chief of RT.
(25) Igor Yanchuk, Head of the Khimki Police Department.
(26) Victor Zolotov, Director of the National Guard.
(27) Alexander Beglov, Governor of St. Petersburg.
(28) Yuri Chaika, former Prosecutor General.
(29) Andrei Kartapolov, Deputy Defense Minister.
(30) Pavel Krasheninnikov, Parliamentarian and former
Justice Minister.
(31) Mikhail Mishustin, Prime Minister of the Russian
Federation.
(32) Ella Pamfilova, Head of Central Electoral Commission.
(33) Dmitry Peskov, Presidential Press Secretary.
(34) Sergei Sobyanin, Mayor of Moscow.
(35) Anton Vaino, Head of the Presidential Administration.
SEC. 105. IMPOSITION OF SANCTIONS WITH RESPECT TO THE WAGNER GROUP.
(a) Blocking of Property.--As soon as practicable after the date of
the enactment of this Act, the President shall exercise all of the
powers granted to the President under the International Emergency
Economic Powers Act (50 U.S.C. 1701 et seq.) to the extent necessary to
block and prohibit all transactions in property and interests in
property of the Wagner Group if such property and interests in property
are in the United States, come within the United States, or are or come
within the possession or control of a United States person.
(b) Designation as Specially Designated Global Terrorist
Organization.--The Wagner Group is designated as a specially designated
global terrorist organization for purposes of Executive Order 13224 (50
U.S.C. 1701 note; relating to blocking property and prohibiting
transactions with persons who commit, threaten to commit, or support
terrorism), as amended before, on, or after the date of the enactment
of this Act.
SEC. 106. IMPLEMENTATION; PENALTIES; EXCEPTIONS.
(a) Implementation; Penalties.--
(1) Implementation.--The President may exercise all
authorities provided under sections 203 and 205 of the
International Emergency Economic Powers Act (50 U.S.C. 1702 and
1704) to carry out this title.
(2) Penalties.--A person that violates, attempts to
violate, conspires to violate, or causes a violation of this
title or any regulation, license, or order issued to carry out
this title shall be subject to the penalties set forth in
subsections (b) and (c) of section 206 of the International
Emergency Economic Powers Act (50 U.S.C. 1705) to the same
extent as a person that commits an unlawful act described in
subsection (a) of that section.
(b) Exceptions.--
(1) Exception relating to importation of goods.--
(A) In general.--A requirement to block and
prohibit all transactions in all property and interests
in property under this title shall not include the
authority or a requirement to impose sanctions on the
importation of goods.
(B) Good.--In this paragraph, the term ``good''
means any article, natural or manmade substance,
material, supply or manufactured product, including
inspection and test equipment, and excluding technical
data.
(2) Exception to comply with united nations headquarters
agreement and law enforcement objectives.--Sanctions under
section 103(b)(2) shall not apply with respect to an alien if
admitting the alien into the United States--
(A) would further important law enforcement
objectives; or
(B) is necessary to permit the United States to
comply with the Agreement regarding the Headquarters of
the United Nations, signed at Lake Success June 26,
1947, and entered into force November 21, 1947, between
the United Nations and the United States, or other
applicable international obligations of the United
States.
TITLE II--OTHER MATTERS
SEC. 201. CONFISCATION OF ASSETS OF RUSSIAN FEDERATION; REMITTANCE TO
LEGITIMATE GOVERNMENT OF UKRAINE.
(a) Confiscation.--
(1) In general.--The President--
(A) may confiscate and vest, through instructions
or licenses or in such other manner as the President
determines appropriate, funds and other property of the
Government of the Russian Federation that are subject
to the jurisdiction of the United States;
(B) may liquidate or sell any of such property; and
(C) shall deposit any funds confiscated and vested
under subparagraph (A) and any funds resulting from the
liquidation or sale of property under subparagraph (B)
in the account established under subsection (d).
(2) Vesting.--All right, title, and interest in funds and
other property confiscated under paragraph (1) shall vest in
the Government of the United States.
(3) Inclusion of cryptocurrency.--For purposes of paragraph
(1), the term ``funds and other property'' includes
cryptocurrency.
(b) Establishment of Account for Confiscated Property.--
(1) In general.--The President shall establish a non-
interest-bearing account to consist of the funds deposited into
the account under subsection (a)(1)(C).
(2) Use of funds.--The funds in the account established
under paragraph (1) shall be available as specified in
subsection (c).
(c) Transfer of Confiscated Property to Government of Ukraine.--The
President may transfer funds from the account established under
subsection (b) to the Government of Ukraine recognized under section 7.
SEC. 202. DESIGNATION OF VLADIMIR PUTIN AS A SPECIALLY DESIGNATED
GLOBAL TERRORIST.
Vladimir Putin is designated as a specially designated global
terrorist for purposes of Executive Order 13224 (50 U.S.C. 1701 note;
relating to blocking property and prohibiting transactions with persons
who commit, threaten to commit, or support terrorism), as amended
before, on, or after the date of the enactment of this Act.
SEC. 203. DECLARATION OF CERTAIN GOVERNMENTS WITH MILITARY COOPERATION
AGREEMENTS WITH THE RUSSIAN FEDERATION AS ENGAGING IN
GRAVE HOSTILE ACTS OF A FOREIGN POWER.
The government of any country in the Western Hemisphere that has in
effect a miliary cooperation agreement (or an equivalent agreement)
with the Government of the Russian Federation is designated as having
engaged in a grave hostile act of a foreign power (within the meaning
of that term under the Foreign Intelligence Surveillance Act of 1978
(50 U.S.C. 1801 et seq.)).
SEC. 204. RECOGNITION OF GOVERNMENT OF VOLODYMYR ZELENSKYY AS
LEGITIMATE GOVERNMENT OF UKRAINE.
It is the policy of the United States that--
(1) Volodymyr Zelenskyy is the legitimate head of state of
Ukraine and his government is the legitimate government of
Ukraine, without regard to whether Volodymyr Zelenskyy or
officials of his government are in Ukraine or in control of
Ukraine; and
(2) the United States will recognize as the legitimate
government of Ukraine only a government put in place pursuant
to the line of succession under the Constitution of Ukraine.
SEC. 205. MILITARY ASSISTANCE FOR UKRAINE.
(a) Authority.--The President may provide lethal and non-lethal
assistance in the form of military hardware to the Government of
Ukraine to resist invasion by the Russian Federation.
(b) Authorization of Appropriations.--There is authorized to be
appropriated $10,000,000,000 to the Secretary of State for fiscal year
2022 for Foreign Military Financing assistance to Ukraine as authorized
under subsection (a).
SEC. 206. CLOSURE OF CONSULATES; RESTRICTION ON FREE MOVEMENT OF
RUSSIAN DIPLOMATS.
(a) Closure of Consulates.--The Secretary of State shall take such
actions as are necessary to close, as soon as possible after the date
of the enactment of this Act, all property and facilities affiliated
with the mission of the Russian Federation in the United States other
than the embassy located in Washington, D.C.
(b) Restriction on Free Movement of Russian Diplomats.--The
Secretary of State shall ensure that members of the foreign mission of
the Russian Federation in the United States and their family members
are not permitted outside of a 10-mile radius surrounding the embassy
of the Russian Federation located in Washington, D.C. The Secretary
shall coordinate with the heads of other Federal departments and
agencies as necessary to ensure that such members and family members
are not allowed to use such permitted space to leave the United States
by land, air, or sea, consistent with obligations under international
law.
SEC. 207. ANTI-MONEY LAUNDERING REQUIREMENTS FOR REAL ESTATE
PROFESSIONALS.
(a) Definitions.--In this section:
(1) Beneficial owner.--The term ``beneficial owner'' has
the meaning given the term in section 5336(a) of title 31,
United States Code.
(2) Covered transaction.--The term ``covered transaction''
means the purchase of residential real property by a Russian
politically exposed person, regardless of the total purchase
price.
(3) Director.--The term ``Director'' means the Director of
FinCEN.
(4) FinCEN.--The term ``FinCEN'' means the Financial Crimes
Enforcement Network of the Department of the Treasury.
(5) Responsible party.--The term ``responsible party''
means a person described in section 5312(a)(2)(U) of title 31,
United States Code, including--
(A) a title insurance company;
(B) an escrow agent;
(C) a real estate lawyer; and
(D) a real estate agent.
(6) Secretary.--The term ``Secretary'' means the Secretary
of the Treasury.
(b) Reporting Real Estate Transactions Involving Russian
Politically Exposed Persons.--With respect to a covered transaction,
the Director shall require a responsible party to the covered
transaction to report to the Director--
(1) the source of funding for the covered transaction; and
(2) the name of each Russian politically exposed person
involved in the covered transaction.
(c) Requirements for Geographic Targeting Orders.--In issuing a
Geographic Targeting Order that requires responsible parties to collect
and report information about certain persons involved in certain
residential real estate transactions, the Director--
(1) shall not limit the transactions to be reported under
the order by total purchase price;
(2) shall expand the entities that are required to collect
and report information to primarily be the title insurance
company, followed by the parties described in subparagraphs (B)
through (D) of subsection (a)(4);
(3) shall define the term ``beneficial ownership'' as
provided in section 5336(a) of title 31, United States Code;
and
(4) shall require the reporting of residential real
property that is purchased by a trust.
(d) Anti-money Laundering Requirements for Real Estate
Professionals.--In accordance with the authority under section
5318(a)(2) of title 31, United States Code, the Secretary shall issue
regulations that require all responsible parties with respect to
residential real estate transactions of any total purchase price to
comply with the due diligence and reporting requirements applicable to
financial institutions under subchapter II of chapter 53 of title 31,
United States Code, including--
(1) reporting suspicious transactions under section
5318(g)(1) of title 31, United States Code;
(2) establishing anti-money laundering programs under
section 5318(h) of title 31, United States Code;
(3) establishing due diligence policies, procedures, and
controls under section 5318(i) of title 31, United States Code;
and
(4) identifying and verifying account holders (or
functional equivalents) under section 5318(l) of title 31,
United States Code, including by establishing and maintaining
written procedures that are reasonably designed to enable the
responsible party to identify and verify beneficial owners.
Calendar No. 293
117th CONGRESS
2d Session
S. 3723
_______________________________________________________________________
A BILL
To impose sanctions with respect to the Russian Federation in response
to the invasion of Ukraine, to confiscate assets of the Russian
Federation and remit those assets to the legitimate Government of
Ukraine, and for other purposes.
_______________________________________________________________________
March 2, 2022
Read the second time and placed on the calendar