[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 4858 Introduced in Senate (IS)]

<DOC>






118th CONGRESS
  2d Session
                                S. 4858

   To require the imposition of sanctions with respect to financial 
  institutions of countries of concern that clear, verify, or settle 
   transactions with other financial institutions of such countries.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             July 30, 2024

   Mr. Rubio introduced the following bill; which was read twice and 
    referred to the Committee on Banking, Housing, and Urban Affairs

_______________________________________________________________________

                                 A BILL


 
   To require the imposition of sanctions with respect to financial 
  institutions of countries of concern that clear, verify, or settle 
   transactions with other financial institutions of such countries.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Sanctions Evasion Prevention And 
Mitigation Act of 2024'' or the ``SEPAM Act of 2024''.

SEC. 2. IMPOSITION OF SANCTIONS WITH RESPECT TO CERTAIN FINANCIAL 
              INSTITUTIONS OF COUNTRIES OF CONCERN.

    (a) In General.--The President shall impose one or more of the 
sanctions described in subsection (b) with respect to each covered 
financial institution that uses the Cross-Border Interbank Payment 
System (commonly referred to as ``CIPS''), the System for Transfer of 
Financial Messages (commonly referred to as ``SPFS''), or the System 
for Electronic Payment Messaging (commonly referred to as ``SEPAM'') to 
clear, verify, settle, or otherwise conduct transactions with any other 
covered financial institution.
    (b) Sanctions Described.--The sanctions described in this 
subsection are the following:
            (1) Property blocking.--The exercise of exercise all of the 
        powers granted by the International Emergency Economic Powers 
        Act (50 U.S.C. 1701 et seq.) to the extent necessary to block 
        and prohibit all transactions in all property and interests in 
        property of a covered financial institution subject to 
        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) Restrictions on correspondent and payable-through 
        accounts.--A prohibition on the opening or maintaining in the 
        United States of a correspondent account or a payable-through 
        account by a covered financial institution subject to 
        subsection (a).
            (3) Executive officers inadmissible for visas, admission, 
        or parole.--
                    (A) Visas, admission, or parole.--An executive 
                officer of a covered financial institution subject to 
                subsection (a) who is an alien 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.--The visa or other entry 
                        documentation of an alien described in 
                        subparagraph (A) shall be revoked, regardless 
                        of when such visa or other entry documentation 
                        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.
    (c) Exceptions.--
            (1) Exception for intelligence activities.--This section 
        shall not apply with respect to 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) Compliance with united nations headquarters 
        agreement.--Subsection (b)(3) shall not apply with respect to 
        the admission of an alien to the United States if such 
        admission 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.
            (3) Exception relating to importation of goods.--
                    (A) In general.--The authority to block and 
                prohibit all transactions in all property and interests 
                in property under subsection (b)(1) 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.
    (d) 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 section.
            (2) Penalties.--A person that violates, attempts to 
        violate, conspires to violate, or causes a violation of this 
        section or any regulation, license, or order issued to carry 
        out this section 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.
    (e) Delegation.--Not later than 90 days after the date of the 
enactment of this Act, the President shall--
            (1) make a determination with respect to if and how the 
        President will delegate the requirements and authorities under 
        this section; and
            (2) notify the appropriate congressional committees of that 
        determination.
    (f) Regulations.--Not later than 90 days after the date of the 
enactment of this Act, the President shall prescribe such regulations 
as are necessary to carry out this section.
    (g) Report Required.--
            (1) In general.--Not later than 180 days after the date of 
        the enactment of this Act, the President shall submit to the 
        appropriate congressional committees a report--
                    (A) describing the scope and usage of CIPS, SPFS, 
                or SEPAM around the world, including usage rates by 
                country;
                    (B) assessing the risks that widespread adoption of 
                CIPS, SPFS, or SEPAM poses to the national security of 
                the United States;
                    (C) assessing the ability of CIPS, SPFS, and SEPAM 
                in helping countries of concern circumvent United 
                States and international sanctions; and
                    (D) making recommendations to further preserve and 
                strengthen the influence of the United States in the 
                global financial system.
            (2) Form.--Each report required by paragraph (1) shall be 
        submitted in unclassified form but may include a classified 
        annex.
    (h) Definitions.--In this section:
            (1) Account; correspondent account; payable-through 
        account.--The terms ``account'', ``correspondent account'', and 
        ``payable-through account'' have the meanings given those terms 
        in section 5318A of title 31, United States Code.
            (2) 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).
            (3) Appropriate congressional committees.--The term 
        ``appropriate congressional committees'' means--
                    (A) the Committee on Foreign Relations, the 
                Committee on Banking, Housing, and Urban Affairs, and 
                the Select Committee on Intelligence of the Senate; and
                    (B) the Committee on Foreign Affairs, the Committee 
                on Financial Services, and the Permanent Select 
                Committee on Intelligence of the House of 
                Representatives.
            (4) Covered financial institution.--The term ``covered 
        financial institution'' means a financial institution--
                    (A) located in--
                            (i) a country of concern; or
                            (ii) territory controlled by an entity 
                        holding itself out to be the government of the 
                        Republic of South Ossetia, the State of Alania, 
                        the Donetsk People's Republic, the Luhansk 
                        People's Republic, the Republic of Abkhazia, or 
                        the Pridnestrovian Moldavian Republic;
                    (B) organized under the laws of a country of 
                concern, any jurisdiction within a country of concern, 
                or an entity described in subparagraph (A)(ii), 
                including a foreign branch of such an institution;
                    (C) wherever located, owned or controlled by the 
                government of a country of concern or an entity 
                described in subparagraph (A)(ii); or
                    (D) wherever located, owned or controlled by a 
                financial institution described in subparagraph (A), 
                (B), or (C).
            (5) Country of concern.--The term ``country of concern''--
                    (A) has the meaning given the term ``foreign 
                adversary'' in section 8(c)(2) of the Secure and 
                Trusted Communications Networks Act of 2019 (47 U.S.C. 
                1607(c)(2)); and
                    (B) includes--
                            (i) the People's Republic of China 
                        (including the Special Administrative Regions 
                        of China, including Hong Kong and Macau);
                            (ii) the Russian Federation;
                            (iii) Iran;
                            (iv) North Korea;
                            (v) Cuba; and
                            (vi) Venezuela under the regime of Nicolas 
                        Maduro.
            (6) Financial institution.--The term ``financial 
        institution'' means a financial institution specified in 
        subparagraph (A), (B), (C), (D), (E), (F), (G), (H), (I), (J), 
        (M), or (Y) of section 5312(a)(2) of title 31, United States 
        Code.
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