H.R. 4278 — what changed
Ukraine Support Act
From Introduced in House to Referred in Senate. 12 sections amended and 6 added between Introduced in House and Referred in Senate.
Sec. 2 United States policy
It is the policy of the United States—
to support the right of the people of Ukraine to freely determine their future, including their country’s relationship with other nations and international organizations, without interference, intimidation, or coercion by other countries;
to support the people of Ukraine in their desire to address endemic corruption, consolidate democracy, and achieve sustained prosperity;
to support the efforts of the Government of Ukraine to bring to justice those responsible for the acts of violence against peaceful protestors and other unprovoked acts of violence related to the anti-government protests that began on November 21, 2013;
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to support the efforts of the Government of Ukraine to recover identify, investigate, recover, and return to the Ukrainian state funds stolen by assets unaccounted for under the leadership and departure from Ukraine of former President Yanukovych, his family, and other current and former members of the Ukrainian government, along with others legitimately charged by government authorities with similar offenses;
to assist the Government of Ukraine in preparations for the presidential election scheduled for May 25, 2014, and to participate in efforts to ensure that this election is conducted in accordance with international standards;
to promote democratic values, transparent and accountable government institutions, and advance United States national security interests through United States international broadcasting, including the Voice of America and Radio Free Europe/Radio Liberty (RFE/RL), Incorporated;
to support needed economic structural reforms in Ukraine, including in the fiscal, energy, pension, and banking sectors, among others;
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to support energy diversification initiatives to reduce Russian control of energy supplies to Ukraine and other European countries, including United States promotion of increased natural gas exports to, and energy efficiency;efficiency in, Ukraine, which could be enhanced by advances in new energy technologies;
to condemn the armed intervention of the Russian Federation in Ukraine, including its continuing political, economic, and military aggression against that country;
to work with United States allies and partners in Europe and around the world, including at the United Nations, to ensure that all nations refuse to recognize the illegal annexation of Crimea by the Russian Federation and reaffirm the independence, sovereignty, and territorial integrity of Ukraine;
to refuse to recognize the legitimacy of the illegal referendum in Crimea on March 16, 2014, on the status of that region of Ukraine, which was held under conditions of occupation and coercion by Russian forces;
to support the deployment of international monitors to Ukraine to assess the current status of its territorial integrity and the safety of all people in Ukraine;
to encourage the Government of Ukraine to continue to respect and protect the rights of all ethnic, religious, and linguistic minorities;
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to call on all Ukrainians encourage the Government of Ukraine to respect promote and protect the legitimate government authorities, as well human rights, as all Ukrainian laws and recognized by the Constitution Universal Declaration of Ukraine in all regions Human Rights, of Ukraine, including Crimea; andall individuals as they seek freedom, democracy, and equality under the law;
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to work with United States allies and partners to condemn any violation by Russian Federation occupation forces or their proxies of the rights of ethnic, religious, and linguistic minorities in Crimea, including the region’s Tatar population;
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to call on all Ukrainians to respect the legitimate government authorities, as well as all Ukrainian laws and the Constitution of Ukraine in all regions of Ukraine, including Crimea;
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to maintain existing sanctions against and consider all available options for further sanctions on the Russian Federation until Ukrainian sovereignty, independence, and territorial integrity are not being violated by the Russian Federation; and
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to honor and abide by its commitments undertaken pursuant to Article 5 of the North Atlantic Treaty, signed at Washington, District of Columbia, on April 4, 1949, and entered into force on August 24, 1949.
Sec. 101 Support for democratic governance and civil society in Ukraine
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In general— The President is authorized and encouraged to provide assistance to support democracy and civil society society, including community-based and faith-based organizations, in Ukraine by undertaking the activities described in subsection (b).
Activities described— The activities described in this subsection are—
improving democratic governance, transparency, accountability, rule of law, and anti-corruption efforts;
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supporting Ukrainian efforts to foster greater unity among people and regions of the country, combat anti-Semitism and discrimination, and promote respect for religious freedom;
supporting the people and Government of Ukraine in preparing to conduct and participate in free and fair elections, including through domestic and international election monitoring;
assisting Ukraine in diversifying its economy, trade, and energy supplies, including at the national, regional, and local levels;
strengthening democratic institutions and political and civil society organizations; and
expanding free and unfettered access to independent media of all kinds in Ukraine and assisting with the protection of journalists and civil society activists who have been targeted for free speech activities.
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Availability Authorization of funds—appropriations— Of amounts made available to carry out the Foreign Assistance Act of 1961 (22 U.S.C. 2151 et seq.) for fiscal year 2014, $50,000,000 There is authorized to be appropriated to the President $50,000,000 for fiscal year 2014 to carry out this section.
Sec. 102 Economic reform in Ukraine
Findings— Congress finds the following:
The Ukrainian economy is weak and vulnerable, as evidenced by short-term debt interest rates as high as 15 percent, a high proportion of foreign exchange-denominated government debt that will mature in 2014 and 2015, a banking sector with non-performing loans at the high level of 14 percent, a financing gap which the Government of Ukraine has estimated will amount to $35 billion over the next two years, and a large underground economy. This economic condition undermines democratic prospects in Ukraine.
Years of poor economic management and performance have undermined and may continue to undermine political stability and unity within Ukraine.
On March 6, 2014, the House of Representatives passed H.R. 4152, to redirect previously appropriated funds to cover the cost of roughly $1 billion in loan guarantees for Ukraine.
Statement of policy— It shall be the policy of the United States to work with other countries and international institutions to stabilize the Ukrainian economy, while promoting critically needed structural economic reforms in Ukraine, including—
cutting the massive natural gas subsidies that have led to market inefficiencies;
reducing the bloated public sector;
maintaining a market-determined exchange rate;
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strengthening the vulnerable banking sector; andsector;
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reducing corruption.promoting a robust, independent, and impartial judiciary, due process, and uniform application of law; and
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reducing corruption, such as by supporting reform efforts of the Government of Ukraine to pass legislation related to greater accountability for government officials, greater protection of private property, and increased transparency of government funds.
Sense of Congress— It is the sense of Congress that loan guarantees provided by the United States for Ukraine should be used to promote government, banking and energy sector reform, and anti-corruption efforts in Ukraine.
Sec. 103 United States international programming to Ukraine and neighboring regions
Findings and declarations— Congress finds and declares the following:
The Russian Government has deliberately blocked the Ukrainian people’s access to uncensored sources of information and has provided alternative news and information that is both inaccurate and inflammatory.
United States international programming exists to advance the United States interests and values by presenting accurate and comprehensive news and information, which is the foundation for democratic governance.
The opinions and views of the Ukrainian people, especially those people located in the eastern regions and Crimea, are not being accurately represented in Russian dominated mass media.
Russian forces have seized more than five television stations in Crimea and taken over transmissions, switching to a 24/7 Russian propaganda format; this increase in programming augments the already robust pro-Russian programming to Ukraine.
United States international programming has the potential to combat this anti-democratic propaganda.
Programming— Radio Free Europe/Radio Liberty (RFE/RL), Incorporated, and the Voice of America service to Ukraine and neighboring regions shall—
provide news and information that is accessible, credible, and accurate;
emphasize investigative and analytical journalism to highlight inconsistencies and misinformation provided by Russian or pro-Russian media outlets;
prioritize programming to areas where access to uncensored sources of information is limited or non-existent, especially populations serviced by Russian supported media outlets;
increase the number of reporters and organizational presence in eastern Ukraine, especially in Crimea;
promote democratic processes, respect for human rights, freedom of the press, and territorial sovereignty; and
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take necessary preparatory steps to continue and increase programming and content services to that promotes democracy and government transparency in Russia.
Programming surge— RFE/RL, Incorporated, and Voice of America programming to Ukraine and neighboring regions shall—
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prioritize programming to eastern Ukraine, including Crimea, and Moldova, and to ethnic and linguistic Russian populations, as well as to Tatar minorities;
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prioritize news and information that directly contributes to the target audiences’ understanding of political and economic developments in Ukraine, Ukraine and Moldova, including countering misinformation that may originate from other news outlets, especially Russian supported news outlets;
provide programming content 24 hours a day, seven days a week to target populations, using all available and effective distribution outlets, including—
at least 8 weekly hours of total original television and video content in Ukrainian, Russian, and Tatar languages, not inclusive of live video streaming coverage of breaking news, to be distributed on satellite, digital, and through regional television affiliates by the Voice of America; and
at least 14 weekly hours the total audio content in Ukrainian, Russian, and Tatar languages to be distributed on satellite, digital, and through regional radio affiliates of RFE/RL, Incorporated;
expand the use, audience, and audience engagement of mobile news and multimedia platforms by RFE/RL, Incorporated, and the Voice of America, including through Internet-based social networking platforms; and
partner with private sector broadcasters and affiliates to seek and start co-production for new, original content, when possible, to increase distribution.
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Authorization of appropriations— There is authorized to be appropriated for fiscal year 2014, in addition to funds otherwise made available for such purposes, up to $10,000,000 to carry out programming in the Ukrainian, Balkan, Russian, and Tatar language services of RFE/RL, Incorporated, and the Voice of America, for the purpose of bolstering existing United States programming to the people of Ukraine and neighboring regions, and increasing programming capacity and jamming circumvention technology to overcome any disruptions to service.
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Authorization of appropriations—
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In general— There is authorized to be appropriated for fiscal year 2014, in addition to funds otherwise made available for such purposes, up to $10,000,000 to carry out programming in the Ukrainian, Balkan, Russian, and Tatar language services of RFE/RL, Incorporated, and the Voice of America, for the purpose of bolstering existing United States programming to the people of Ukraine and neighboring regions, and increasing programming capacity and jamming circumvention technology to overcome any disruptions to service.
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Offset— Section 102(a) of the Enhanced Partnership with Pakistan Act of 2009 (22 U.S.C. 8412(a); Public Law 111–73; 123 Stat. 2068) is amended by striking “$1,500,000,000” and inserting “$1,490,000,000”.
Report— Not later than 15 days after the date of the enactment of this Act, the Broadcasting Board of Governors shall submit to the Committees on Foreign Affairs and Appropriations of the House of Representatives and the Committees on Foreign Relations and Appropriations of the Senate a detailed report on plans to increase broadcasts pursuant to subsections (a) and (b).
Sec. 105 Enhanced assistance for law enforcement and the judicial system in Ukraine
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Statement of policy— It shall be the policy of the United States to assist Ukraine to eliminate the human rights abuses associated with the Berkut forces in order to foster a democratically reformed police force with strong public oversight, which is critical to fostering political unity and stability throughout Ukraine.States—
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to assist Ukraine to eliminate the human rights abuses associated with the Berkut forces in order to foster a democratically reformed police force with strong public oversight, which is critical to fostering political unity and stability throughout Ukraine; and
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to assist Ukraine to develop a robust, independent, and impartial judicial system at national, regional, and local levels, which is essential to ensure that the rights of all citizens are respected, and maintain appropriate checks and balances between the co-equal branches of government.
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Availability Authorization of funds—appropriations— Of amounts made available to carry out section 1207 of the National Defense Authorization Act for Fiscal Year 2012 (22 U.S.C. 2151 note) for fiscal year 2014, $8,000,000 There is authorized to be appropriated $8,000,000 for fiscal year 2014 to enhance United States efforts to assist Ukraine to strengthen law enforcement capabilities and maintain the rule of law.
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Notification requirement— The congressional notification requirements contained in section 1207(l) of the National Defense Authorization Act for Fiscal Year 2012 (22 U.S.C. 2151 note) shall apply to the initiation of activities under a program of assistance under subsection (b) to the same extent and in the same manner as such congressional notification requirements apply to the initiation of activities under a program of assistance section 1207(b) of such Act.
Sec. 106 Enhanced security cooperation among Central and Eastern European NATO member states
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In general— The Secretary of State, in consultation with the heads of other appropriate United States departments and agencies, shall seek to provide enhanced security cooperation with Central and Eastern European North Atlantic Treaty Organization (NATO) member states by undertaking the activities described in subsection (b).
Activities described— The activities described in this subsection are—
enhancing existing security cooperation, including defense and military-to-military cooperation, among Central and Eastern European NATO member states;
enhancing security relationships among the United States, the European Union, and Central and Eastern European NATO member states;
providing defense articles, defense services, and military training to Central and Eastern European NATO member states;
expanding the scope and frequency of military exercises among Central and Eastern European NATO member states; and
supporting greater reform, professionalism, and capacity-building efforts within the military, intelligence, and security services in Central and Eastern European NATO member states.
Sec. 107 United States-Ukraine security assistance
Findings— Congress finds that—
in fiscal year 2013 the United States provided Ukraine with nearly $2,000,000 in assistance under chapter 5 of part II of the Foreign Assistance Act of 1961 (22 U.S.C. 2347 et seq.; relating to International Military Education Training) and nearly $7,000,000 in assistance under section 23 of the Arms Export Control Act (22 U.S.C. 2763; relating to the Foreign Military Financing Program); and
Ukraine has been a longstanding member of NATO’s Partnership for Peace.
Sense of Congress— It is the sense of Congress that—
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United States assistance to Ukraine under chapter 5 of part II of the Foreign Assistance Act of 1961 and section 23 of the Arms Export Control Act should continue;be increased;
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consistent with section 506(a) of the Foreign Assistance Act of 1961 (22 U.S.C. 2318(a)), the President is encouraged to draw down defense articles from the stocks of the Department of Defense, in order to provide non-lethal security assistance, which could include communication equipment, clothing, fuel and other forms of appropriate assistance, to the Government of Ukraine; and
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the Administration should expeditiously conclude its current review Government of all security assistance Ukraine should make greater efforts to secure the Government protection of Ukraine.classified information and military equipment.
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Statement of policy— It shall be the policy of the United States, in consultation with the Government of Ukraine, to enhance Ukraine’s self defense, including through appropriate assistance to improve the capabilities of the country’s armed forces.
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Review of security assistance—
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In general— Not later than 30 days after the date of the enactment of this Act, the Secretary of State, in consultation with the heads of other appropriate United States departments and agencies, shall submit to Congress a report on the results of a review of all United States security assistance to the Government of Ukraine.
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Form— The report required by paragraph (1) shall be submitted in unclassified form but may contain a classified annex.
Sec. 108 Recovery of assets linked to corruption in Ukraine
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Sense of Congress— It is the sense of Congress that the Administration should provide expedited assistance to the Government of Ukraine through appropriate United States Government and multilateral programs, including the Department of Justice’s Kleptocracy Asset Recovery Initiative, the Egmont Group, the Stolen Asset Recovery Initiative, the Camden Asset Recovery Inter-Agency Network, and the Asset Recovery Focal Point Initiative, to identify, investigate, secure, and recover assets missing from the Government of Ukraine or linked to purported acts of corruption by former President Viktor Yanukovych, members of his family, other former or current senior foreign political figures of the Government of Ukraine, and their accomplices in any jurisdiction.
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Definition— In this section, the term “senior foreign political figure” has the meaning given the term in section 208.
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It is the sense of Congress that the Administration should provide expedited assistance to the Government of Ukraine to identify, investigate, secure, and recover assets stolen from the Government of Ukraine or linked to acts of corruption by former President Viktor Yanukovych, members of his family, and other former or current Ukrainian government officials, and their accomplices in any jurisdiction through appropriate United States Government and multilateral programs, including the Department of Justice’s Kleptocracy Asset Recovery Initiative, the Egmont Group, the Stolen Asset Recovery Initiative, the Camden Asset Recovery Inter-Agency Network, and the Asset Recovery Focal Point Initiative.
Sec. 110 Offset
addedadded Section 102(a) of the Enhanced Partnership with Pakistan Act of 2009 (22 U.S.C. 8412(a); Public Law 111–73; 123 Stat. 2068) is amended by striking “$1,500,000,000” and inserting “$1,430,000,000”.
Sec. 202 Imposition of additional sanctions on persons responsible for violence or who undermine the independence, sovereignty, or territorial or economic integrity of Ukraine
Statement of policy— It shall be the policy of the United States to impose sanctions with respect to those individuals within and outside of the Government of the Russian Federation whom the President determines wields significant influence over the formation and implementation of Russian foreign policy, in particular with respect to the violation of Ukraine’s sovereignty, democracy, and territorial integrity.
Criteria for imposition of sanctions— A foreign person or an alien is subject to sanctions under subsection (c) in accordance with the provisions of such subsection if the foreign person or alien, on or after November 21, 2013—
is knowingly responsible for or complicit in, or engaged in, directly or indirectly—
actions that significantly undermine democratic processes or institutions in Ukraine;
actions that significantly threaten the peace, security, stability, sovereignty, or territorial integrity of Ukraine;
acts of significant corruption in Ukraine, or the seizure or expropriation of significant economic assets from Ukraine, including the expropriation of private or state assets for personal gain, or the facilitation or transfer of the proceeds of such expropriation to foreign jurisdictions; or
the commission of serious human rights abuses against citizens of Ukraine or citizens of the Russian Federation;
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is a current or former senior official foreign political figure of the Government of the Russian Federation who has engaged in any activity described in paragraph (1);
operates in the arms or related materiel sector in the Russian Federation that has engaged in any activity described in paragraph (1);
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is a current or former leader senior foreign political figure of an entity that has, or whose members have, knowingly engaged in any activity described in paragraph (1), (2), or (3) or of an entity whose property and interests in property are blocked pursuant to this section;
has knowingly materially assisted, sponsored, or provided financial, material, or technological support for, or goods or services to or in support of, any activity described in paragraph (1), (2), or (3) or of any person whose property and interests in property are blocked pursuant to this section; or
is owned or controlled by, or has acted or purported to act for or on behalf of, directly or indirectly, any person whose property and interests in property are blocked pursuant to this section.
Sanctions described—
In general— The sanctions described in this subsection are the following:
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Asset blocking— With respect to a foreign person who the President, acting through the Secretary of the Treasury and in consultation with the Secretary of State (or their designees), determines meets the requirements described in subsection (b), (b) (and, if the President determines such foreign person is a senior foreign political figure, such foreign person is not included in the classified annex of a report submitted to the appropriate congressional committees under subsection (e)(1)), the President, acting through the Secretary of the Treasury and in consultation with the Secretary of State (or their designees), shall to the extent necessary investigate, block during the pendency of an investigation, regulate, direct and compel, nullify, void, prevent or prohibit, any acquisition, holding, withholding, use, transfer, withdrawal, transportation, or exportation of, or dealing in, or exercising any right, power, or privilege with respect to, or transactions involving, any property in which any foreign country or a national thereof has any interest by any person, or with respect to any property, subject to the jurisdiction interests in property of such person to the United States if extent such property and or interests in property are in subject to the United States, come within jurisdiction of the United States, or are or come within pursuant to the possession or control applicable provisions of a United States person.the International Emergency Economic Powers Act (50 U.S.C. 1701 et seq.).
Aliens ineligible for visas, admission, or parole—
Visas, admission, or parole— An alien who the Secretary of State or the Secretary of Homeland Security (or a designee of one of such Secretaries) knows, or has reason to believe, meets any of the criteria described in subsection (b) is—
inadmissible to the United States;
ineligible to receive a visa or other documentation to enter the United States; and
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.).
Current visas revoked—
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 revoke any visa or other entry documentation issued to an alien who meets any of the criteria described in subsection (b), regardless of when issued.
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Judicial review— Notwithstanding any other provision of law, including section 2241 of title 28, United States Code, or any other habeas corpus provision, and sections 1361 and 1651 of such title, no court shall have jurisdiction to review a revocation decision under this clause, and no court shall have jurisdiction to hear any claim arising from, or any challenge to, such a revocation.
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was (4)(2)(4)(3)(4)
Effect of revocation— A revocation under subclause (I)—
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was (4)(2)(4)(3)(4)(3)
shall take effect immediately; and
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shall automatically cancel any other valid visa or entry documentation that is in the alien’s possession.
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Penalties— A foreign person that violates, attempts to violate, conspires to violate, or causes a violation of paragraph (1)(A) or any regulation, license, or order issued to carry out paragraph (1)(A) 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.
Regulatory authority— The President shall, not later than 90 days after the date of the enactment of this Act, promulgate regulations as necessary for the implementation of this section.
Exception to comply with united nations headquarters agreement— Sanctions under paragraph (1)(B) shall not apply to an alien if admitting the alien into the United States 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.
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Rule of construction— Nothing in this section shall be construed to limit the authority of the President to impose additional sanctions pursuant to the International Emergency Economic Powers Act (50 U.S.C. 1701 et seq.).seq.), relevant executive orders, regulations, or other provisions of law.
Waiver— The President may waive the application of sanctions under subsection (c) with respect to a foreign person or alien if the President—
determines that such a waiver is vital to the national interest of the United States; and
not less than 15 days after the waiver takes effect, submits to the appropriate congressional committees a notice of the waiver and a justification for such waiver.
Report—
Report required—
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In general— Not later than 30 days after the date of the enactment of this Act, and at least once every 180 days thereafter for a period not to exceed 2 years, the Secretary of State, in consultation with the Secretary of the Treasury, shall submit to the appropriate congressional committees a detailed report with respect to whether senior foreign political figures of the Russian Federation are responsible for engaging that have been determined to have engaged in activities described in subsection (b).
Form— The report required by subparagraph (A) shall be submitted in unclassified form but may contain a classified annex.
Requests by chairperson and ranking member of appropriate congressional committees—
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 senior foreign political figure of the Russian Federation is responsible for engaging in activities described in subsection (b), the President shall submit a response to the chairperson and ranking member of the committee which made the request with respect to the status of the person.
Form— The President may submit a response required by subparagraph (A) in classified form if the President determines that it is necessary for the national security interests of the United States to do so.
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Definition— In this subsection, the term appropriate congressional committees means—
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the Committee on Foreign Affairs and the Committee on Financial Services of the House of Representatives; and
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the Committee on Foreign Relations and the Committee on Banking, Housing, and Urban Affairs of the Senate.
Definitions— In this section:
Admitted— The term admitted has the meaning given such term in section 101(a)(13)(A) of the Immigration and Nationality Act (8 U.S.C. 1101(a)(13)(A)).
Alien— The term alien has the meaning given such term in section 101(a)(3) of the Immigration and Nationality Act (8 U.S.C. 1101(a)(3)).
Financial institution— The term financial institution has the meaning given that term in section 5312 of title 31, United States Code.
Foreign person— The term foreign person means—
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an individual who is not a United States person or an alien lawfully admitted for permanent residence into the United States;person;
a corporation, partnership, or other nongovernmental entity which is not a United States person; or
any representative, agent or instrumentality of, or an individual working on behalf of a foreign government.
Paroled— The term paroled means paroled into the United States under section 212(d)(5) of the Immigration and Nationality Act (8 U.S.C. 1182(d)(5)).
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Senior foreign political figure— The term senior foreign political figure means—
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a current or former—
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senior official in the executive, legislative, administrative, military, or judicial branches of a foreign government (whether elected or not);
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senior official of a major foreign political party; or
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senior executive of a foreign-government-owned commercial enterprise;
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a corporation, business, or other entity that has been formed by, or for the benefit of, any such individual;
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an immediate family member (including spouses, parents, siblings, children, and a spouse’s parents and siblings) of any such individual; or
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a person who is widely and publicly known to be a close associate of such individual.
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was (7)(9)
United states person— The term United States person means—
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a United States citizen or an alien lawfully admitted for permanent residence to the United States; or
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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.
Termination— This section and any sanction imposed by this section shall remain in effect until the earlier of—
the date that is 90 days after the date on which the President submits to the appropriate congressional committees the certification described in subsection (a) of section 206 in accordance with subsection (b) of such section; or
the date that is 30 days after any date subsequent to January 1, 2020, on which the President submits to the appropriate congressional committees in writing a determination that the termination of this section and the sanctions imposed by this section is in the vital national security interests of the United States.
Sec. 203 Imposition of additional sanctions on persons complicit in or responsible for significant corruption in the Russian Federation
Findings— Congress finds the following:
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On February 26, March 20, 2014, the Department of the Treasury’s Financial Crimes Enforcement Network advised United States Treasury designated four individuals and one financial institutions institution for acting for or on behalf of their responsibility or materially assisting, sponsoring, or providing financial, material, or technological support for, or goods or services to take reasonable, risk-based steps regarding or in support of, a senior official of the potential suspicious movement Government of assets related to Viktor Yanukovych departing Kyiv and abdicating his responsibilities and other senior officials resigning from their positions or departing Kyiv.the Russian Federation.
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United States financial institutions are required to apply enhanced scrutiny to private banking accounts held by or on behalf of Widespread corruption at senior foreign levels of the Government of the Russian Federation, in combination with the suppression of political figures freedoms and the concentration of enormous wealth in the hands of individuals exercising extensive influence over government policy, has contributed to monitor transactions the establishment of an authoritarian system that could potentially represent misappropriated or diverted state assets, does not respect the proceeds rights of bribery or other illegal payments, or other public corruption proceeds.the Russian people.
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Authority for imposition of sanctions—
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Asset blocking— The President, acting through the Secretary of the Treasury and in consultation with the Secretary of State (or their designees), is authorized to impose sanctions described in paragraph (1)(A) of section 202(c) in accordance with the provisions of such section against a foreign person if the foreign person is a senior foreign political figure or a close associate of such senior foreign political figure with respect to whom the President, acting through the Secretary of the Treasury and in consultation with the Secretary of State (or their designees), determines meets one or more of the criteria described in subsection (c).
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Aliens ineligible for visas, admission, or parole— The Secretary of State or the Secretary of Homeland Security (or a designee of one of such Secretaries) is authorized to impose sanctions described in paragraph (1)(B) of section 202(c) in accordance with the provisions of such section against an alien if the alien is a senior foreign political figure or a close associate of such senior foreign political figure with respect to whom the Secretary of State or the Secretary of Homeland Security (or a designee of one of such Secretaries) knows, or has reason to believe, meets one or more of the criteria described in subsection (c).
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Criteria for imposition of sanctions— The criteria described in this subsection are the following:
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On March 3, 2014, the Government of Ukraine announced that it had initiated criminal proceedings against a number of former Ukrainian officials or close associates of former Ukrainian officials.
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On March 5, 2014, the European Union, based on information from Ukraine’s Prosecutor General, issued a Council Regulation requiring the European Union to freeze the funds and economic resources of various former Ukrainian officials and their close associates.
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The Government of Canada has taken similar action against the same individuals.
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The measures being taken against these former Ukrainian officials and their close associates increase the risk that they will seek to move their assets in a deceptive fashion.
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Foreign financial institutions should apply similar, enhanced due-diligence and reporting requirements.
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The United States has a strong interest in seeing the international financial system protected from illicit financial activity, including money laundering, terrorism and proliferation financing, transnational organized crime, and the misappropriation of state assets, and international sanctions evasion, among others.
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The Department of the Treasury possesses a range of authorities to insulate the United States financial system from entities or jurisdictions that pose an illicit financing risk.
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Statement of policy— It shall be the policy of the United States to use all of its regulatory and statutory authorities to closely scrutinize all foreign financial institutions, including those in the Russian Federation, that may be complicit in enabling foreign persons and transnational criminal enterprises to evade or otherwise circumvent United States and international sanctions, launder the proceeds of criminal activity, finance acts of terrorism and the proliferation of weapons of mass destruction, or any other illicit activity that presents risks and vulnerabilities to the United States financial system.
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Report—
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In general— Not later than 30 days after the date of the enactment of this Act, and every 180 days thereafter for a period not to exceed 2 years, the Secretary of State and the Secretary of the Treasury shall jointly submit to the appropriate congressional committees a report on—
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foreign financial institutions that are in direct or indirect control of Government of Ukraine state-owned or controlled assets without the knowledge or approval of the Government of Ukraine;
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foreign financial institutions that may be complicit in illicit financial activity, including money laundering, terrorism and proliferation financing, transnational organized crime, misappropriation of state assets, or otherwise engaged in any activity prohibited under United States law that are—
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organized under the laws of the Russian Federation; or
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owned or controlled by a foreign person described in section 202(b); and
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foreign financial institutions that are directly or indirectly assisting or otherwise aiding the violation of Ukrainian sovereignty, independence, and territorial integrity, including, the Crimea.
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Form— The report required to be submitted under this subsection shall be submitted foreign person or alien is responsible for, or complicit in, or responsible for ordering, controlling, or otherwise directing, acts of significant corruption in an unclassified form, the Russian Federation, including the expropriation of private or public assets for personal gain, corruption related to government contracts or the extent appropriate, but may include a classified annex.extraction of natural resources, bribery, or the facilitation or transfer of the proceeds of corruption to foreign jurisdictions.
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The foreign person or alien has materially assisted, sponsored, or provided financial, material, or technological support for, or goods or services in support of, an act described in paragraph (1).
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Waiver— The waiver provisions of subsection (d) of section 202 shall apply with respect to this section and any sanction imposed by this section to the same extent and in the same manner as such waiver provisions apply to section 202 and any sanction imposed by such section.
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Definitions— In this section, the terms “foreign person” and “alien” have the meanings given such terms in section 202(f).
Sec. 204 Report on certain foreign financial institutions
Findings— Congress finds the following:
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Iran continues its longstanding effort to obtain banned components for its nuclear and missile programs in violation On February 26, 2014, the Department of its obligations under successive the Treasury’s Financial Crimes Enforcement Network advised United Nations Security Council Resolutions.States financial institutions of their responsibility to take reasonable, risk-based steps regarding the potential suspicious movement of assets related to Viktor Yanukovych departing Kyiv and abdicating his responsibilities and other senior officials resigning from their positions or departing Kyiv.
changed
Russian entities, including Rosoboronexport, have been sanctioned with respect United States financial institutions are required to proliferation activities, particularly sanctions under the Iran, North Korea, apply enhanced scrutiny to private banking accounts held by or on behalf of senior foreign political figures and Syria Nonproliferation Act (Public Law 106–178; 50 U.S.C. 1701 note).to monitor transactions that could potentially represent misappropriated or diverted state assets, the proceeds of bribery or other illegal payments, or other public corruption proceeds.
changed
The Department of State must expeditiously restore On March 3, 2014, the deterrent effect Government of the Iran, North Korea, and Syria Nonproliferation Act by fully applying and enforcing such Act.Ukraine announced that it had initiated criminal proceedings against a number of former Ukrainian officials or close associates of former Ukrainian officials.
added
On March 5, 2014, the European Union, based on information from Ukraine’s Prosecutor General, issued a Council Regulation requiring the European Union to freeze the funds and economic resources of various former Ukrainian officials and their close associates.
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The Government of Canada has taken similar action against the same individuals.
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The measures being taken against these former Ukrainian officials and their close associates increase the risk that they will seek to move their assets in a deceptive fashion.
added
Foreign financial institutions should apply similar, enhanced due-diligence and reporting requirements.
added
The United States has a strong interest in seeing the international financial system protected from illicit financial activity, including money laundering, terrorism and proliferation financing, transnational organized crime, and the misappropriation of state assets, and international sanctions evasion, among others.
added
The Department of the Treasury possesses a range of authorities to insulate the United States financial system from entities or jurisdictions that pose an illicit financing risk.
changed
Amendment—Statement of policy— Section 2 It shall be the policy of the Iran, North Korea, United States to use all of its regulatory and Syria Nonproliferation Act (Public Law 106–178; 50 U.S.C. 1701 note) is amended by adding at statutory authorities to closely scrutinize all foreign financial institutions, including those in the end Russian Federation, that may be complicit in enabling foreign persons and transnational criminal enterprises to evade or otherwise circumvent United States and international sanctions, launder the following:proceeds of criminal activity, finance acts of terrorism and the proliferation of weapons of mass destruction, or any other illicit activity that presents risks and vulnerabilities to the United States financial system.
added
Report—
added
In general— Not later than 30 days after the date of the enactment of this Act, and every 180 days thereafter for a period not to exceed 2 years, the Secretary of State and the Secretary of the Treasury shall jointly submit to the appropriate congressional committees a report on—
added
foreign financial institutions that are in direct control of Government of Ukraine state-owned or controlled assets in a manner determined by the Secretary of State and the Secretary of the Treasury to be contrary to the interests of the Government of Ukraine;
added
foreign financial institutions determined by the Secretary of State and the Secretary of the Treasury to be complicit in illicit financial activity, including money laundering, terrorism and proliferation financing, transnational organized crime, or misappropriation of state assets, that are—
added
organized under the laws of the Russian Federation; or
added
owned or controlled by a foreign person described in section 202(b); and
added
foreign financial institutions that are directly or indirectly assisting or otherwise aiding the violation of Ukrainian sovereignty, independence, and territorial integrity, including the Crimea.
added
Form— The report required to be submitted under this subsection shall be submitted in an unclassified form, to the extent appropriate, but may include a classified annex.
removed
“(f) Plan To expedite reports and sanctions under this Act—Not later than 30 days after the date of the enactment of the Ukraine Support Act, the President shall submit to the Committee on Foreign Affairs of the House of Representatives and the Committee on Foreign Relations in the Senate, a plan, to include specific timetables, to expedite the implementation of this Act with respect to submission of reports required under subsection (a) and the application of measures to certain foreign persons under section 3.”
Sec. 207 Sense of Congress on suspension of all activities and meetings of the NATO-Russia Council
changed
Except as otherwise provided, in this title It is the term appropriate congressional committees means—sense of Congress that the United States should work to temporarily suspend all activities and meetings of the NATO-Russia Council.
removed
the Committee on Foreign Affairs, the Committee on Financial Services, the Committee on Ways and Means, and the Committee on the Judiciary of the House of Representatives; and
removed
Committee on Foreign Relations, the Committee on Banking, Housing, and Urban Affairs, and the Committee on the Judiciary of the Senate.
Sec. 208 Definitions
addedadded In this title:
added
Appropriate congressional committees— Except as otherwise provided, the term appropriate congressional committees means—
added
the Committee on Foreign Affairs, the Committee on Financial Services, the Committee on Ways and Means, and the Committee on the Judiciary of the House of Representatives; and
added
Committee on Foreign Relations, the Committee on Banking, Housing, and Urban Affairs, and the Committee on the Judiciary of the Senate.
added
Senior foreign political figure— The term senior foreign political figure has the meaning given the term in section 1010.605 of title 31, Code of Federal Regulations.
Sec. 301 Annual report on security developments in the Russian Federation and their effects on Ukrainian sovereignty
added
added
Report— Not later than September 30, 2014, and September 30 of each year thereafter through 2020, the Secretary of State shall submit to the specified congressional committees a report, in both classified and unclassified form, on the current and future security and foreign policy posture of the Russian Federation (in this section referred to as “Russia”).
added
Matters to be included— The report required under subsection (a) shall include the following:
added
An assessment of the security situation in regions neighboring Russia, including Crimea.
added
The goals and factors shaping the security strategy of the Government of Russia, including potential annexation of non-Russian territory.
added
Trends in Russian security behavior that would be designed to achieve, or that are consistent with, the goals described in paragraph (2).
added
An assessment of the global and regional security objectives of the Government of Russia, including objectives that would affect the North Atlantic Treaty Organization, the Middle East, or the People’s Republic of China.
added
A detailed assessment of the sizes, locations, and capabilities of the nuclear, special operations, land, sea, and air forces of the Government of Russia and how they affect neighboring countries, including Ukraine.
added
Developments in Russian military doctrine and training and whether the developments have differed from before the annexation of Crimea.
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Other security developments involving Russia that the Secretary of State considers relevant to United States national security.
added
Specified congressional committees defined— In this section, the term “specified congressional committees” means—
added
the Committee on Foreign Affairs and the Committee on Armed Services of the House of Representatives; and
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the Committee on Foreign Relations and the Committee on Armed Services of the Senate.
Sec. 302 Presidential determination and report on compliance by Russian Federation of its obligations under INF Treaty
added
added
Finding— Congress finds that there are reports that the Russian Federation is in material breach of its obligations under the Treaty Between the United States of America and the Union of Soviet Socialist Republics on the Elimination of Their Intermediate-Range and Shorter-Range Missiles, commonly referred to as the Intermediate-Range Nuclear Forces (INF) Treaty, signed at Washington December 8, 1987, and entered into force June 1, 1988.
added
Report—
added
In general— Not later than 30 days after the date of the enactment of this Act, the President shall submit to the Committee on Foreign Affairs of the House of Representatives and the Committee on Foreign Relations of the Senate a report that includes a determination as to whether or not the Russian Federation is in material breach of its obligations under the INF Treaty.
added
Additional matters to be included— If the President determines that the Russian Federation is in material breach of its obligations under the INF Treaty, the report shall also include the following:
added
A description of the measures taken to hold the Russian Federation accountable for its violation of its obligations under the INF Treaty.
added
A description of the measures being taken to ensure that the Russian Federation completely and verifiably eliminates any military system that constitutes a material breach of its obligations under the INF Treaty.
added
Form— The report required by this subsection shall be submitted in unclassified form but may contain a classified annex.
Sec. 303 Report on geopolitical impact of energy exports
added
added
Report required— Not later than 90 days after the date of the enactment of this Act, the Department of State’s Special Envoy and Coordinator for International Energy Affairs shall submit to the appropriate congressional committees a detailed, quantitative, and substantive report on the potential short, medium, and long-term impacts of increased United States natural gas and oil exports on Russia’s economic and political influence over Ukraine and other European countries.
added
Definition— In this subsection, the term “appropriate congressional committees” means—
added
the Committee on Foreign Affairs and the Committee on Energy and Commerce of the House of Representatives; and
added
the Committee on Foreign Relations and the Committee on Energy and Natural Resources of the Senate.
Sec. 304 Amendment to the Iran, North Korea, and Syria Nonproliferation Act
added
added
Findings— Congress finds the following:
added
Iran continues its longstanding effort to obtain banned components for its nuclear and missile programs in violation of its obligations under successive United Nations Security Council Resolutions.
added
Russian entities, including Rosoboronexport, have been sanctioned with respect to proliferation activities, particularly sanctions under the Iran, North Korea, and Syria Nonproliferation Act (Public Law 106–178; 50 U.S.C. 1701 note).
added
The Department of State must expeditiously restore the deterrent effect of the Iran, North Korea, and Syria Nonproliferation Act by fully applying and enforcing such Act.
added
Amendment— Section 2 of the Iran, North Korea, and Syria Nonproliferation Act (Public Law 106–178; 50 U.S.C. 1701 note) is amended by adding at the end the following:
added “(f) Plan To expedite reports and sanctions under this Act
added “(1) In general—Not later than 30 days after the date of the enactment of the Ukraine Support Act, the President shall submit to the Committee on Foreign Affairs of the House of Representatives and the Committee on Foreign Relations in the Senate, a plan, to include specific timetables, to expedite the implementation of this Act with respect to submission of reports required under subsection (a) and the application of measures to certain foreign persons under section 3.
added “(2) Special emphasis on Syria—In the submission of reports required under subsection (a) and in accordance with the plan required under paragraph (1), the President is encouraged to place a special emphasis on any foreign person in Russia, including any Russian Federation official, that is engaged in any activity described in subsection (a) with respect to the government of President Bashar al-Assad and any affiliates thereof.
added “(3) Rule of construction—Nothing in this subsection shall be construed to preclude or exempt the President from fulfilling or otherwise deviating from the requirements under subsection (b).”