[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