[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[S. 5232 Introduced in Senate (IS)]
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117th CONGRESS
2d Session
S. 5232
To require the imposition of sanctions with respect to the sale,
supply, or transfer of gold to or from the Russian Federation.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
December 12, 2022
Mr. Cornyn (for himself and Mr. King) 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 the sale,
supply, or transfer of gold to or from the Russian Federation.
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 ``Stop Russian Government and
Oligarchs from Limiting Democracy Act of 2022'' or the ``Stop Russian
GOLD Act of 2022''.
SEC. 2. IMPOSITION OF SANCTIONS WITH RESPECT TO THE SALE, SUPPLY, OR
TRANSFER OF GOLD TO OR FROM RUSSIA.
(a) Identification.--Not later than 90 days after the date of the
enactment of this Act, and periodically as necessary thereafter, the
President--
(1) shall submit to Congress a report identifying foreign
persons that knowingly participated in a significant
transaction--
(A) for the sale, supply, or transfer (including
transportation) of gold, directly or indirectly, to or
from the Russian Federation or the Government of the
Russian Federation, including from reserves of the
Central Bank of the Russian Federation held outside the
Russian Federation; or
(B) that otherwise involved gold in which the
Government of the Russian Federation had any interest;
and
(2) shall impose the sanctions described in subsection
(b)(1) with respect to each such person; and
(3) may impose the sanctions described in subsection (b)(2)
with respect to any such person that is an alien.
(b) Sanctions Described.--The sanctions described in this
subsection are the following:
(1) Blocking of property.--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 foreign person
identified in the report required by subsection (a)(1) 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)(1) 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 issuing consular
officer, the Secretary of State, or the
Secretary of Homeland Security (or a designee
of one of such Secretaries) shall, in
accordance with section 221(i) of the
Immigration and Nationality Act (8 U.S.C.
1201(i)), revoke any visa or other entry
documentation issued to an alien described in
subsection (a)(1).
(ii) Immediate effect.--The revocation
under clause (i) of a visa or other entry
documentation issued to an alien shall--
(I) take effect immediately; and
(II) automatically cancel any other
valid visa or entry documentation that
is in the alien's possession.
(c) 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.
(d) National Interest Waiver.--The President may waive the
imposition of sanctions under this section with respect to a person if
the President--
(1) determines that such a waiver is in the national
interests of the United States; and
(2) submits to Congress a notification of the waiver and
the reasons for the waiver.
(e) Termination.--
(1) In general.--Except as provided in paragraph (2), the
requirement to impose sanctions under this section, and any
sanctions imposed under this section, shall terminate on the
earlier of--
(A) the date that is 3 years after the date of the
enactment of this Act; or
(B) the date that is 30 days after the date on
which the President certifies to Congress that--
(i) the Government of the Russian
Federation has ceased its destabilizing
activities with respect to the sovereignty and
territorial integrity of Ukraine; and
(ii) such termination in the national
interests of the United States.
(2) Transition rules.--
(A) Continuation of certain authorities.--Any
authorities exercised before the termination date under
paragraph (1) to impose sanctions with respect to a
foreign person under this section may continue to be
exercised on and after that date if the President
determines that the continuation of those authorities
is in the national interests of the United States.
(B) Application to ongoing investigations.--The
termination date under paragraph (1) shall not apply to
any investigation of a civil or criminal violation of
this section or any regulation, license, or order
issued to carry out this section, or the imposition of
a civil or criminal penalty for such a violation, if--
(i) the violation occurred before the
termination date; or
(ii) the person involved in the violation
continues to be subject to sanctions pursuant
to subparagraph (A).
(f) Exceptions.--
(1) Exceptions for authorized intelligence and law
enforcement and national security 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, law enforcement, or national security activities
of the United States.
(2) Exception to comply with international agreements.--
Sanctions under subsection (b)(2) may not apply with respect to
the admission of an alien to the United States if such
admission is necessary to comply with the obligations of the
United States under 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 the Convention on Consular
Relations, done at Vienna April 24, 1963, and entered into
force March 19, 1967, or other international obligations.
(3) Humanitarian exemption.--The President shall not impose
sanctions under this section with respect to any person for
conducting or facilitating a transaction for the sale of
agricultural commodities, food, medicine, or medical devices or
for the provision of humanitarian assistance.
(4) Exception relating to importation of goods.--
(A) In general.--The requirement or authority to
impose sanctions under this section shall not include
the authority or a requirement to impose sanctions on
the importation of goods.
(B) Good defined.--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.
(g) Definitions.--In this section:
(1) The terms ``admission'', ``admitted'', ``alien'', and
``lawfully admitted for permanent residence'' have the meanings
given those terms in section 101 of the Immigration and
Nationality Act (8 U.S.C. 1101).
(2) The term ``foreign person'' means an individual or
entity that is not a United States person.
(3) 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.
(4) The term ``United States person'' means--
(A) a United States citizen or an alien lawfully
admitted for permanent residence to the United States;
(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;
or
(C) any person in the United States.
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