[Congressional Bills 115th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1751 Introduced in House (IH)]
<DOC>
115th CONGRESS
1st Session
H. R. 1751
To impose sanctions in response to cyber intrusions by the Government
of the Russian Federation and other aggressive activities of the
Russian Federation, and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
March 28, 2017
Mr. Mooney of West Virginia introduced the following bill; which was
referred to the Committee on Foreign Affairs, and in addition to the
Committees on the Judiciary, Financial Services, Oversight and
Government Reform, Armed Services, and Transportation and
Infrastructure, for a period to be subsequently determined by the
Speaker, in each case for consideration of such provisions as fall
within the jurisdiction of the committee concerned
_______________________________________________________________________
A BILL
To impose sanctions in response to cyber intrusions by the Government
of the Russian Federation and other aggressive activities of the
Russian Federation, 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 ``Counteracting
Russian Hostilities Act of 2017''.
(b) Table of Contents.--The table of contents for this Act is as
follows:
Sec. 1. Short title; table of contents.
Sec. 2. Definitions.
TITLE I--COUNTERING RUSSIAN CYBER INTRUSIONS
Sec. 101. Short title.
Sec. 102. Findings.
Sec. 103. Imposition of sanctions with respect to persons engaging in
significant activities undermining
cybersecurity and democratic institutions.
Sec. 104. Codification of Executive Order 13694.
Sec. 105. Imposition of sanctions with respect to persons engaging in
transactions with the intelligence or
defense sectors of the Government of the
Russian Federation.
Sec. 106. Exemptions, waivers, and rulemaking.
Sec. 107. Public service campaign relating to cybersecurity and
combating disinformation.
Sec. 108. Termination.
Sec. 109. Rule of construction.
TITLE II--COUNTERING RUSSIAN AGGRESSION
Sec. 201. Short title.
Sec. 202. Findings.
Sec. 203. Sense of Congress.
Sec. 204. Prohibitions against United States recognition of the Russian
Federation's annexation of Crimea and
occupation of South Ossetia and Abkhazia.
Sec. 205. Statements of policy with respect to Ukraine.
Sec. 206. Codification of Executive orders imposing sanctions in
relation to the situation in Ukraine.
Sec. 207. Sanctions with respect to the development and production of
petroleum and natural gas resources in the
Russian Federation.
Sec. 208. Sanctions with respect to the development of pipelines in the
Russian Federation.
Sec. 209. Sanctions with respect to the development of civil nuclear
projects by the Russian Federation.
Sec. 210. Sanctions with respect to purchase, subscription to, or
facilitation of the issuance of sovereign
debt of the Russian Federation.
Sec. 211. Sanctions with respect to investment in or facilitation of
privatization of state-owned assets by the
Russian Federation.
Sec. 212. Prohibiting certain transactions in areas controlled by the
Russian Federation.
Sec. 213. Sanctions described.
Sec. 214. Exemptions, waivers, and rulemaking.
Sec. 215. Inclusion of all funds in records of certain transactions.
Sec. 216. Termination.
Sec. 217. Rule of construction.
TITLE III--EUROPE AND EURASIA DEMOCRACY AND ANTI-CORRUPTION INITIATIVE
Sec. 301. Short title.
Sec. 302. Findings.
Sec. 303. Sense of Congress.
Sec. 304. Report on advertising on media outlets controlled and funded
by the Government of the Russian
Federation.
Sec. 305. Europe and Eurasia Democracy and Anti-Corruption Fund.
Sec. 306. Establishment of a Russia unit in the Financial Crimes
Enforcement Network.
Sec. 307. Termination.
SEC. 2. DEFINITIONS.
In this Act:
(1) Appropriate congressional committees.--The term
``appropriate congressional committees'' means--
(A) the Committee on Foreign Relations, the
Committee on Banking, Housing, and Urban Affairs, the
Committee on Armed Services, the Committee on Homeland
Security and Governmental Affairs, the Committee on
Appropriations, and the sеlесt Committee on
Intelligence of the Senate; and
(B) the Committee on Foreign Affairs, the Committee
on Financial Services, the Committee on Armed Services,
the Committee on Homeland Security, the Committee on
Appropriations, and the Permanent sеlесt Committee on
Intelligence of the House of Representatives.
(2) Good.--The term ``good'' has the meaning given that
term in section 16 of the Export Administration Act of 1979 (50
U.S.C. 4618) (as continued in effect pursuant to the
International Emergency Economic Powers Act (50 U.S.C. 1701 et
seq.)).
(3) International financial institution.--The term
``international financial institution'' has the meaning given
that term in section 1701(c) of the International Financial
Institutions Act (22 U.S.C. 262r(c)).
(4) Knowingly.--The term ``knowingly'', with respect to
conduct, a circumstance, or a result, means that a person has
actual knowledge, or should have known, of the conduct, the
circumstance, or the result.
(5) Person.--The term ``person'' means an individual or
entity.
(6) United states person.--The term ``United States
person'' means--
(A) 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 of any jurisdiction within the United
States, including a foreign branch of such an entity.
TITLE I--COUNTERING RUSSIAN CYBER INTRUSIONS
SEC. 101. SHORT TITLE.
This title may be cited as the ``Russian Cyber Intrusions Sanctions
Act of 2017''.
SEC. 102. FINDINGS.
Congress makes the following findings:
(1) On October 7, 2016, the Department of Homeland Security
and the Office of the Director of National Intelligence stated,
the ``U.S. Intelligence Community (USIC) is confident that the
Russian government directed the recent compromises of e-mails
from U.S. persons and institutions, including from U.S.
political organizations. The recent disclosures of alleged
hacked e-mails on sites like DCLeaks.com and WikiLeaks and by
the Guccifer 2.0 online persona are consistent with the methods
and motivations of Russian-directed efforts.''. The statement
concluded that ``only Russia's senior-most officials could have
authorized these activities''.
(2) On April 1, 2015, President Barack Obama issued
Executive Order 13694 (80 Fed. Reg. 18077; relating to blocking
the property of certain persons engaging in significant
malicious cyber-enabled activities), which authorizes the
Secretary of the Treasury, in consultation with the Attorney
General and the Secretary of State, to impose sanctions on
persons determined to be engaged in malicious cyber-hacking.
(3) On July 26, 2016, President Obama approved a
Presidential Policy Directive on United States Cyber Incident
Coordination, which states, ``certain cyber incidents that have
significant impacts on an entity, our national security, or the
broader economy require a unique approach to response
efforts''.
(4) On December 29, 2016, President Obama issued an annex
to Executive Order 13694, which authorized sanctions on the
following entities and individuals:
(A) The Main Intelligence Directorate (also known
as Glavnoe Razvedyvatel'noe Upravlenie or the GRU) in
Moscow, Russian Federation.
(B) The Federal Security Service (also known as
Federalnaya Sluzhba Bezopasnosti or the FSB) in Moscow,
Russian Federation.
© The Special Technology Center (also known as
STLC, Ltd. Special Technology Center St. Petersburg) in
St. Petersburg, Russian Federation.
(D) Zorsecurity (also known as Esage Lab) in
Moscow, Russian Federation.
(E) The autonomous noncommercial organization known
as the Professional Association of Designers of Data
Processing Systems (also known as ANO PO KSI) in
Moscow, Russian Federation.
(F) Igor Valentinovich Korobov.
(G) Sergey Aleksandrovich Gizunov.
(H) Igor Olegovich Kostyukov.
(I) Vladimir Stepanovich Alexseyev.
(5) On January 6, 2017, an assessment of the United States
intelligence community entitled, ``Assessing Russian Activities
and Intentions in Recent U.S. Elections'' stated, ``Russian
President Vladimir Putin ordered an influence campaign in 2016
aimed at the United States presidential election. Russia's
goals were to undermine public faith in the United States
democratic process, denigrate Secretary Clinton, and harm her
electability and potential presidency.''. The intelligence
community ``did not make an assessment of the impact that
Russian activities had on the outcome of the 2016 election''.
The assessment warns that ``Moscow will apply lessons learned
from its Putin-ordered campaign aimed at the U.S. Presidential
election to future influence efforts worldwide, including
against U.S. allies and their election processes''.
SEC. 103. IMPOSITION OF SANCTIONS WITH RESPECT TO PERSONS ENGAGING IN
SIGNIFICANT ACTIVITIES UNDERMINING CYBERSECURITY AND
DEMOCRATIC INSTITUTIONS.
(a) In General.--The President shall impose the sanctions described
in subsection (b) with respect to any person that the President
determines--
(1) knowingly engages, on behalf of the Government of the
Russian Federation, in significant activities undermining
cybersecurity, through the use of computer networks or systems
against persons or governments, that--
(A) have a detrimental effect on public or private
infrastructure of the United States or an ally of the
United States; or
(B) result in the compromise of democratic
institutions of the United States or an ally of the
United States;
(2) materially assists, sponsors, or provides financial,
material, or technological support for, or goods or services in
support of, an activity described in paragraph (1); or
(3) is owned or controlled by, or acts or purports to act
for or on behalf of, directly or indirectly, a person described
in paragraph (1).
(b) Sanctions Described.--The sanctions described in this
subsection are the following:
(1) Asset blocking.--The exercise of all powers granted to
the President 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 person determined by the President to be 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) Exclusion from the united states and revocation of visa
or other documentation.--In the case of an alien determined by
the President to be subject to subsection (a), denial of a visa
to, and exclusion from the United States of, the alien, and
revocation in accordance with section 221(i) of the Immigration
and Nationality Act (8 U.S.C. 1201(i)), of any visa or other
documentation of the alien.
© Requests by Chairperson and Ranking Member of Appropriate
Congressional Committees.--
(1) In general.--Not later than 120 days after receiving a
written request from the chairperson and ranking member of one
of the appropriate congressional committees with respect to
whether a person meets the criteria for the imposition of
sanctions under subsection (a), the President shall submit a
response to the chairperson and ranking member of the committee
that made the request with respect to whether or not the person
meets such criteria.
(2) Notification of termination of sanctions.--If the
President terminates sanctions imposed under subsection (a)
with respect to a person that was the subject of a request
under paragraph (1), the President shall notify the chairperson
and ranking member of the appropriate congressional committee
that made the request and provide to the chairperson and
ranking member any information that contributed to the decision
to terminate such sanctions.
(3) Form.--The President may submit a response required by
paragraph (1) or a notification required by paragraph (3) in
classified form if the President determines that it is
necessary for the national security interests of the United
States to do so.
(d) Implementation; Penalties.--
(1) Implementation.--The President may exercise all
authorities provided to the President under sections 203 and
205 of the International Emergency Economic Powers Act (50
U.S.C. 1702 and 1704) to carry out subsection (b)(1).
(2) Penalties.--A person that violates, attempts to
violate, conspires to violate, or causes a violation of
subsection (b)(1) or any regulation, license, or order issued
to carry out subsection (b)(1) shall be subject to the
penalties set forth in subsections (b) and © 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.
SEC. 104. CODIFICATION OF EXECUTIVE ORDER 13694.
Executive Order 13694 (80 Fed. Reg. 18077; relating to blocking the
property of certain persons engaging in significant malicious cyber-
enabled activities), as in effect on the day before the date of the
enactment of this Act, and any sanctions imposed pursuant to that
Executive order, shall remain in effect until the date specified in
section 108.
SEC. 105. IMPOSITION OF SANCTIONS WITH RESPECT TO PERSONS ENGAGING IN
TRANSACTIONS WITH THE INTELLIGENCE OR DEFENSE SECTORS OF
THE GOVERNMENT OF THE RUSSIAN FEDERATION.
(a) List Required.--Not later than 180 days after the date of the
enactment of this Act, and every 180 days thereafter, the President
shall submit to Congress a list of each person that knowingly, on or
after such date of enactment, engages in a significant transaction with
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,
including the Main Intelligence Agency of the General Staff of the
Armed Forces of the Russian Federation or the Federal Security Service
of the Russian Federation.
(b) Imposition of Sanctions.--The President shall impose 5 or more
of the sanctions described in subsection © with respect to a person
on the list required by subsection (a).
© Sanctions Described.--The sanctions to be imposed with respect
to a person subject to subsection (b) are the following:
(1) Export-import bank assistance for exports to sanctioned
persons.--The President may direct the Export-Import Bank of
the United States not to give approval to the issuance of any
guarantee, insurance, extension of credit, or participation in
the extension of credit in connection with the export of any
goods or services to the person subject to subsection (b).
(2) Export sanction.--The President may order the United
States Government not to issue any specific license and not to
grant any other specific permission or authority to export any
goods or technology to the person subject to subsection (b)
under--
(A) the Export Administration Act of 1979 (50
U.S.C. 4601 et seq.) (as continued in effect pursuant
to the International Emergency Economic Powers Act (50
U.S.C. 1701 et seq.));
(B) the Arms Export Control Act (22 U.S.C. 2751 et
seq.);
© the Atomic Energy Act of 1954 (42 U.S.C. 2011
et seq.); or
(D) any other statute that requires the prior
review and approval of the United States Government as
a condition for the export or reexport of goods or
services.
(3) Loans from united states financial institutions.--The
President may prohibit any United States financial institution
from making loans or providing credits to the person subject to
subsection (b) totaling more than $10,000,000 in any 12-month
period unless the person is engaged in activities to relieve
human suffering and the loans or credits are provided for such
activities.
(4) Loans from international financial institutions.--The
President may direct the United States executive director to
each international financial institution to use the voice and
vote of the United States to oppose any loan from the
international financial institution that would benefit the
person subject to subsection (b).
(5) Prohibitions on financial institutions.--The following
prohibitions may be imposed against the person subject to
subsection (b) if that person is a financial institution:
(A) Prohibition on designation as primary dealer.--
Neither the Board of Governors of the Federal Reserve
System nor the Federal Reserve Bank of New York may
designate, or permit the continuation of any prior
designation of, the financial institution as a primary
dealer in United States Government debt instruments.
(B) Prohibition on service as a repository of
government funds.--The financial institution may not
serve as agent of the United States Government or serve
as repository for United States Government funds.
The imposition of either sanction under subparagraph (A) or (B)
shall be treated as 1 sanction for purposes of subsection (b),
and the imposition of both such sanctions shall be treated as 2
sanctions for purposes of subsection (b).
(6) Procurement sanction.--The United States Government may
not procure, or enter into any contract for the procurement of,
any goods or services from the person subject to subsection
(b).
(7) Foreign exchange.--The President may, pursuant to such
regulations as the President may prescribe, prohibit any
transactions in foreign exchange that are subject to the
jurisdiction of the United States and in which the person
subject to subsection (b) has any interest.
(8) Banking transactions.--The President may, pursuant to
such regulations as the President may prescribe, prohibit any
transfers of credit or payments between financial institutions
or by, through, or to any financial institution, to the extent
that such transfers or payments are subject to the jurisdiction
of the United States and involve any interest of the person
subject to subsection (b).
(9) 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, importing, or
exporting any property that is subject to the
jurisdiction of the United States and with respect to
which the person subject to subsection (b) has any
interest;
(B) dealing in or exercising any right, power, or
privilege with respect to such property; or
© conducting any transaction involving such
property.
(10) Ban on investment in equity or debt of sanctioned
person.--The President may, pursuant to such regulations or
guidelines as the President may prescribe, prohibit any United
States person from investing in or purchasing significant
amounts of equity or debt instruments of the person subject to
subsection (b).
(11) Exclusion of corporate officers.--The President may
direct the Secretary of State to deny a visa to, and the
Secretary of Homeland Security to exclude from the United
States, any alien that the President determines is a corporate
officer or principal of, or a shareholder with a controlling
interest in, the person subject to subsection (b).
(12) Sanctions on principal executive officers.--The
President may impose on the principal executive officer or
officers of the person subject to subsection (b), or on persons
performing similar functions and with similar authorities as
such officer or officers, any of the sanctions under this
subsection.
SEC. 106. EXEMPTIONS, WAIVERS, AND RULEMAKING.
(a) Exemptions.--The following activities shall be exempt from
sanctions under sections 103 and 105:
(1) 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) The admission of an alien to the United States if such
admission is necessary to comply with United States obligations
under the Agreement between the United Nations and the United
States of America regarding the Headquarters of the United
Nations, signed at Lake Success June 26, 1947, and entered into
force November 21, 1947, under the Convention on Consular
Relations, done at Vienna April 24, 1963, and entered into
force March 19, 1967, or under other international agreements.
(b) Exception Relating to Importation of Goods.--The requirement to
impose sanctions under sections 103 and 105 shall not include the
authority to impose sanctions on the importation of goods.
© Waiver.--The President may waive the application of sanctions
under section 103 or 105 if before the waiver to takes effect, the
President submits to the appropriate congressional committees--
(1) a written determination that the waiver--
(A) is vital to the national security interests of
the United States; or
(B) will further the enforcement of this title; and
(2) a certification that the Government of the Russian
Federation has made significant efforts to reduce the number
and intensity of the cyber intrusions conducted by that
Government.
(d) Rulemaking.--The President may prescribe such rules and
regulations as may be necessary to carry out the provisions of this
title.
(e) Rule of Construction.--Nothing in this title shall be
construed--
(1) to supersede the limitations on the use of rocket
engines for national security purposes under section 1608 of
the Carl Levin and Howard P. ``Buck'' McKeon National Defense
Authorization Act for Fiscal Year 2015 (Public Law 113-291; 128
Stat. 3626; 10 U.S.C. 2271 note), as amended by section 1607 of
the National Defense Authorization Act for Fiscal Year 2016
(Public Law 114-92; 129 Stat. 1100) and section 1602 of the
National Defense Authorization Act for Fiscal Year 2017 (Public
Law 114-328); or
(2) to prohibit a contractor or subcontractor of the
Department of Defense from acquiring components referred to in
such section 1608.
SEC. 107. PUBLIC SERVICE CAMPAIGN RELATING TO CYBERSECURITY AND
COMBATING DISINFORMATION.
(a) In General.--The Secretary of Homeland Security shall conduct a
series of public service campaigns to educate the people of the United
States on threats to their cybersecurity and to urge better online
practices to ensure the protection of private information. In
conducting such campaigns, the Secretary shall offer training in basic
skills on fact checking news articles and media sources.
(b) Authorization of Appropriations.--There are authorized to be
appropriated for the Secretary of Homeland Security $25,000,000 for
fiscal years 2018 through 2019 to carry out the activities set forth in
subsection (a).
SEC. 108. TERMINATION.
Sanctions imposed under this title shall terminate on the date on
which the President submits to the appropriate congressional committees
a certification that the Government of the Russian Federation has
ceased cyberattacks against United States official and unofficial
entities.
SEC. 109. RULE OF CONSTRUCTION.
Nothing in this title may be construed to limit the authority of
the President to designate or sanction persons pursuant to an
applicable Executive order or otherwise pursuant to the International
Emergency Economic Powers Act (50 U.S.C. 1701 et seq.).
TITLE II--COUNTERING RUSSIAN AGGRESSION
SEC. 201. SHORT TITLE.
The title may be cited as the ``Countering Russian Aggression Act
of 2017''.
SEC. 202. FINDINGS.
Congress makes the following findings:
(1) The Government of the Russian Federation continues to
violate its commitments under the Conference on Security and
Co-operation in Europe Final Act, concluded at Helsinki August
1, 1975 (commonly referred to as the ``Helsinki Final Act''),
which laid the groundwork for the establishment of the
Organization for Security and Co-operation in Europe, of which
the Russian Federation is a member, by its illegal annexation
of Crimea in 2014, its illegal occupation of South Ossetia and
Abkhazia in Georgia in 2008, and its ongoing destabilizing
activities in eastern Ukraine.
(2) The Government of the Russian Federation has ignored
the terms of the August 2008 cease-fire agreement relating to
Georgia, which requires the withdrawal of Russian troops, free
access by humanitarian groups to the regions of South Ossetia
and Abkhazia, and monitoring of the conflict areas by the
European Union Monitoring Mission.
(3) The Government of the Russian Federation is failing to
comply with the terms of 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, as well as the Minsk Protocol, which was
agreed to on September 5, 2014 (in this Act collectively
referred to as the ``Minsk Agreements'').
(4) On October 7, 2016, United States Secretary of State
John Kerry, addressing the conflict in Syria, said ``Russia and
the regime owe the world more than an explanation about why
they keep hitting hospitals, and medical facilities, and
children and women. . . . These are acts that beg for an
appropriate investigation of war crimes, and those who commit
these would and should be held accountable for these actions. .
. . This is a targeted strategy to terrorize civilians.''.
SEC. 203. SENSE OF CONGRESS.
It is the sense of Congress that--
(1) the President should call on all parties to fully
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 as
well as the Minsk Protocol agreed to on September 5, 2014; and
(2) the Department of State's Office of Global Criminal
Justice and relevant organizations, including the Center for
Justice and Accountability and the Commission for International
Justice and Accountability, should conduct a full investigation
into allegations that the Russian Federation committed war
crimes through its military actions in Syria.
SEC. 204. PROHIBITIONS AGAINST UNITED STATES RECOGNITION OF THE RUSSIAN
FEDERATION'S ANNEXATION OF CRIMEA AND OCCUPATION OF SOUTH
OSSETIA AND ABKHAZIA.
(a) United States Policy Against Recognition of Territorial Changes
Effected by Force Alone.--Between the years of 1940 and 1991, the
United States did not recognize the forcible incorporation and
annexation of the three Baltic States of Lithuania, Latvia, and Estonia
into the Soviet Union under a policy known as the ``Stimson Doctrine''.
(b) Non-Recognition of Sovereignty of Russian Federation Over
Crimea and Independence of South Ossetia and Abkhazia.--No Federal
agency shall take any action or extend any assistance that recognizes
or implies any recognition of--
(1) the de jure or de facto sovereignty of the Russian
Federation over Crimea or its airspace or territorial waters;
or
(2) the de jure or de facto independence of South Ossetia
or Abkhazia, or the airspace or territorial waters of South
Ossetia or Abkhazia, from Georgia.
© Department of Justice Affirmation of Non-Recognition of
Sovereignty of Russian Federation Over Crimea and Independence of South
Ossetia and Abkhazia.--In any matter before any United States court,
upon request of the court or any party to the matter, the Attorney
General shall affirm the United States policies of not recognizing--
(1) the de jure or de facto sovereignty of the Russian
Federation over Crimea or its airspace or territorial waters;
and
(2) the de jure or de facto independence of South Ossetia
or Abkhazia, or the airspace or territorial waters of South
Ossetia or Abkhazia, from Georgia.
(d) Documents Portraying Crimea as Part of Russian Federation or
South Ossetia or Abkhazia as Independent From Georgia.--The Government
Publishing Office shall not print any map, document, record, or other
paper of the United States portraying or otherwise indicating--
(1) Crimea as part of the territory of the Russian
Federation; or
(2) South Ossetia or Abkhazia as anything other than a part
of Georgia.
(e) United States Armed Forces.--The Secretary of Defense may not
take any action, including any movement of aircraft or vessels, that
implies recognition of--
(1) the sovereignty of the Russian Federation over Crimea
or its airspace or territorial waters; or
(2) the independence of Abkhazia or South Ossetia, or the
airspace or territorial waters of South Ossetia or Abkhazia,
from Georgia.
(f) United States Flagged Vessels.--No vessel that is issued a
certificate of documentation under chapter 121 of title 46, United
States Code, may take any action that implies recognition of--
(1) the sovereignty of the Russian Federation over Crimea
or its territorial waters; or
(2) the independence of South Ossetia or Abkhazia, or the
territorial waters of South Ossetia or Abkhazia, from Georgia.
(g) United States Aircraft.--No aircraft operated by an air carrier
that holds an air carrier certificate issued under chapter 411 of title
49, United States Code, may take any action that implies recognition
of--
(1) the sovereignty of the Russian Federation over Crimea
or its airspace; or
(2) the independence of South Ossetia or Abkhazia, or the
airspace of South Ossetia or Abkhazia, from Georgia.
SEC. 205. STATEMENTS OF POLICY WITH RESPECT TO UKRAINE.
(a) In General.--It is the policy of the United States to further
assist the Government of Ukraine in restoring its sovereignty and
territorial integrity to contain, reverse, and deter the aggression of
the Russian Federation in Ukraine. That policy shall be carried into
effect, among other things, through a comprehensive effort, in
coordination with allies and partners of the United States where
appropriate, that includes sanctions, diplomacy, and assistance,
including lethal defensive weapons systems, for the people of Ukraine
intended to enhance their ability to consolidate a democracy based on
the rule of law and with a free market economy and to exercise their
right under international law to self-defense.
(b) Additional Statement of Policy.--It is further the policy of
the United States--
(1) to use its voice, vote, and influence in international
fora to encourage other countries, including United States
allies, to provide assistance that is similar to assistance
described in subsection (a) to Ukraine;
(2) to ensure that any relevant sanctions relief for the
Russian Federation is contingent on the recognition by the
Government of the Russian Federation of the sovereignty of
Ukraine over Crimea as well as timely, complete, and verifiable
implementation of the Minsk Agreements, especially the
restoration of Ukraine's control of the entirety of its eastern
border with the Russian Federation in the conflict zone;
(3) to support Georgia's sovereignty, independence, and
territorial integrity and the inviolability of its borders and
to recognize the areas of Abkhazia and South Ossetia as regions
of Georgia occupied by the Russian Federation; and
(4) to further call on the Government of the Russian
Federation to take steps to fulfill all the terms and
conditions of the 2008 cease-fire agreements with the
Government of Georgia, including returning military forces to
pre-war positions and ensuring access to international
humanitarian aid to all those affected by the conflict.
SEC. 206. CODIFICATION OF EXECUTIVE ORDERS IMPOSING SANCTIONS IN
RELATION TO THE SITUATION IN UKRAINE.
(a) In General.--The Executive orders specified in subsection (b),
and sanctions imposed pursuant to such Executive orders, shall remain
in effect until the date specified in section 216.
(b) Executive Orders Specified.--The Executive orders specified in
this subsection are the following:
(1) Executive Order 13660 (79 Fed. Reg. 13493; relating to
blocking property of certain persons contributing to the
situation in Ukraine).
(2) Executive Order 13661 (79 Fed. Reg. 15535; relating to
blocking property of additional persons contributing to the
situation in Ukraine).
(3) Executive Order 13662 (79 Fed. Reg. 16169; relating to
blocking property of additional persons contributing to the
situation in Ukraine).
(4) Executive Order 13685 (79 Fed. Reg. 77357; relating to
blocking property of certain persons and prohibiting certain
transactions with respect to the Crimea region of Ukraine).
SEC. 207. SANCTIONS WITH RESPECT TO THE DEVELOPMENT AND PRODUCTION OF
PETROLEUM AND NATURAL GAS RESOURCES IN THE RUSSIAN
FEDERATION.
(a) Development of Petroleum and Natural Gas Resources of the
Russian Federation.--
(1) In general.--The President shall impose 5 or more of
the sanctions described in section 213 with respect to a person
if the President determines that the person knowingly, on or
after the date of the enactment of this Act--
(A) makes an investment described in paragraph (2)
of $20,000,000 or more; or
(B) makes a combination of investments described in
paragraph (2) in a 12-month period if each such
investment is of not less than $5,000,000 and such
investments equal or exceed $20,000,000 in the
aggregate.
(2) Investment described.--An investment described in this
paragraph is an investment that directly and significantly
contributes to the enhancement of the ability of the Russian
Federation to develop petroleum or natural gas resources.
(b) Production of Petroleum Products and Natural Gas.--
(1) In general.--The President shall impose 5 or more of
the sanctions described in section 213 with respect to a person
if the President determines that the person knowingly, on or
after the date of the enactment of this Act, sells, leases, or
provides to the Russian Federation goods, services, technology,
information, or support described in paragraph (2)--
(A) any of which has a fair market value of
$1,000,000 or more; or
(B) that, during a 12-month period, have an
aggregate fair market value of $5,000,000 or more.
(2) Goods, services, technology, information, or support
described.--Goods, services, technology, information, or
support described in this paragraph are goods, services,
technology, information, or support that could directly and
significantly facilitate the maintenance or expansion of the
production of petroleum products or natural gas in the Russian
Federation, including any direct and significant assistance
with respect to the construction, modernization, or rераir of
petroleum refineries and natural gas infrastructure.
SEC. 208. SANCTIONS WITH RESPECT TO THE DEVELOPMENT OF PIPELINES IN THE
RUSSIAN FEDERATION.
(a) In General.--The President shall impose 5 or more of the
sanctions described in section 213 with respect to a person if the
President determines that the person knowingly, on or after the date of
the enactment of this Act, makes an investment described in subsection
(b), or sells, leases, or provides to the Russian Federation, for the
construction of Russian energy export pipelines, goods, services,
technology, information, or support described in subsection ©--
(1) any of which has a fair market value of $1,000,000 or
more; or
(2) that, during a 12-month period, have an aggregate fair
market value of $5,000,000 or more.
(b) Investment Described.--An investment described in this
subsection is an investment that directly and significantly contributes
to the enhancement of the ability of the Russian Federation to
construct energy export pipelines.
© Goods, Services, Technology, Information, or Support
Described.--Goods, services, technology, information, or support
described in this subsection are goods, services, technology,
information, or support that could directly and significantly
facilitate the maintenance or expansion of the construction,
modernization, or rераir of energy pipelines by the Russian Federation.
SEC. 209. SANCTIONS WITH RESPECT TO THE DEVELOPMENT OF CIVIL NUCLEAR
PROJECTS BY THE RUSSIAN FEDERATION.
(a) In General.--The President shall impose 5 or more of the
sanctions described in section 213 with respect to a person if the
President determines that the person knowingly, on or after the date of
the enactment of this Act, makes an investment described in subsection
(b), or sells, leases, or provides to the Russian Federation, for the
construction of civil nuclear projects by the Russian Federation,
goods, services, technology, information, or support described in
subsection ©--
(1) any of which has a fair market value of $1,000,000 or
more; or
(2) that, during a 12-month period, have an aggregate fair
market value of $5,000,000 or more.
(b) Investment Described.--An investment described in this
subsection is an investment that directly and significantly contributes
to the enhancement of the ability of the Russian Federation to
construct civil nuclear power plants.
© Goods, Services, Technology, Information, or Support
Described.--Goods, services, technology, information, or support
described in this subsection are goods, services, technology,
information, or support that could directly and significantly
facilitate the maintenance or expansion of the construction,
modernization, or rераir of civil nuclear plants by the Russian
Federation.
SEC. 210. SANCTIONS WITH RESPECT TO PURCHASE, SUBSCRIPTION TO, OR
FACILITATION OF THE ISSUANCE OF SOVEREIGN DEBT OF THE
RUSSIAN FEDERATION.
The President shall impose 5 or more of the sanctions described in
section 213 with respect to a person if the President determines that
the person knowingly, on or after the date of the enactment of this
Act, purchases, subscribes to, or facilitates the issuance of--
(1) sovereign debt of the Government of the Russian
Federation issued on or after such date of enactment, including
governmental bonds; or
(2) debt of any entity owned or controlled by the
Government of the Russian Federation issued on or after such
date of enactment, including bonds.
SEC. 211. SANCTIONS WITH RESPECT TO INVESTMENT IN OR FACILITATION OF
PRIVATIZATION OF STATE-OWNED ASSETS BY THE RUSSIAN
FEDERATION.
The President shall impose 5 or more of the sanctions described in
section 213 if the President determines that a person, with actual
knowledge, on or after the date of the enactment of this Act, makes an
investment of $10,000,000 or more (or any combination of investments of
not less than $1,000,000 each, which in the aggregate equals or exceeds
$10,000,000 in any 12-month period), or facilitates such an investment,
if the investment directly and significantly contributes to the ability
of the Russian Federation to privatize state-owned assets.
SEC. 212. PROHIBITING CERTAIN TRANSACTIONS IN AREAS CONTROLLED BY THE
RUSSIAN FEDERATION.
(a) In General.--The President shall impose with respect to a
foreign person the sanctions described in subsection (b) if the
President determines that the foreign person, based on credible
information--
(1) is responsible for, complicit in, or responsible for
ordering, controlling, or otherwise directing, the commission
of serious human rights abuses in any territory forcibly
occupied or otherwise controlled by the Government of the
Russian Federation;
(2) has materially assisted, sponsored, or provided
financial, material, or technological support for, or goods or
services to, a foreign person that is responsible for,
complicit in, or responsible for ordering, controlling, or
otherwise directing, the commission of serious human rights
abuses in any territory forcibly occupied or otherwise
controlled by the Government of the Russian Federation; и т.д. и т.п.
Это сообщение отредактировал Merdocc - 8.04.2017 - 20:01
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