Sec. 201 Short title
The title may be cited as the “Countering Russian Aggression Act of 2017”.
Title II — Countering Russian aggression
II Countering Russian aggression
Sec. 202 Findings
Congress makes the following findings:
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.
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.
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”).
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—
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
the international community 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
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”.
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—
the de jure or de facto sovereignty of the Russian Federation over Crimea or its airspace or territorial waters; or
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—
the de jure or de facto sovereignty of the Russian Federation over Crimea or its airspace or territorial waters; and
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.
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—
Crimea as part of the territory of the Russian Federation; or
South Ossetia or Abkhazia as anything other than a part of Georgia.
United States Armed Forces— The Secretary of Defense may not take any action, including any movement of aircraft or vessels, that implies recognition of—
the sovereignty of the Russian Federation over Crimea or its airspace or territorial waters; or
the independence of Abkhazia or South Ossetia, or the airspace or territorial waters of South Ossetia or Abkhazia, from Georgia.
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—
the sovereignty of the Russian Federation over Crimea or its territorial waters; or
the independence of South Ossetia or Abkhazia, or the territorial waters of South Ossetia or Abkhazia, from Georgia.
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—
the sovereignty of the Russian Federation over Crimea or its airspace; or
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
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.
Additional statement of policy— It is further the policy of the United States—
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;
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;
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
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
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.
Executive orders specified— The Executive orders specified in this subsection are the following:
Executive Order 13660 (79 Fed. Reg. 13493; relating to blocking property of certain persons contributing to the situation in Ukraine).
Executive Order 13661 (79 Fed. Reg. 15535; relating to blocking property of additional persons contributing to the situation in Ukraine).
Executive Order 13662 (79 Fed. Reg. 16169; relating to blocking property of additional persons contributing to the situation in Ukraine).
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
Development of petroleum and natural gas resources of the Russian Federation—
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 paragraph (2) of $20,000,000 or more; or
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.
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.
Production of petroleum products and natural gas—
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)—
any of which has a fair market value of $1,000,000 or more; or
that, during a 12-month period, have an aggregate fair market value of $5,000,000 or more.
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 repair of petroleum refineries and natural gas infrastructure.
Sec. 208 Sanctions with respect to the development of pipelines in the Russian Federation
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 (c)—
any of which has a fair market value of $1,000,000 or more; or
that, during a 12-month period, have an aggregate fair market value of $5,000,000 or more.
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 repair of energy pipelines by the Russian Federation.
Sec. 209 Sanctions with respect to the development of civil nuclear projects by the Russian Federation
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 (c)—
any of which has a fair market value of $1,000,000 or more; or
that, during a 12-month period, have an aggregate fair market value of $5,000,000 or more.
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 repair 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—
sovereign debt of the Government of the Russian Federation issued on or after such date of enactment, including governmental bonds; or
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
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—
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;
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; or
is owned or controlled by a foreign person, or has acted or purported to act for or on behalf of, directly or indirectly, 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.
Sanctions described— The sanctions described in this subsection are the following:
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.
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.
Waiver— The President may waive the application of sanctions under subsection (b) with respect to a person if the President—
determines that such a waiver is vital to the national interests of the United States; and
before issuing the waiver, submits to the appropriate congressional committees a certification that the Government of the Russian Federation has made efforts to reduce serious human rights abuses in any territory forcibly occupied or otherwise controlled by the Government of the Russian Federation.
Implementation; penalties—
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).
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 (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.
Sec. 213 Sanctions described
In general— The sanctions to be imposed with respect to a sanctioned person under this title (other than section 212) are the following:
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 sanctioned person.
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 sanctioned person under—
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.));
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
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.
Loans from United States financial institutions— The President may prohibit any United States financial institution from making loans or providing credits to the sanctioned person 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.
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 sanctioned person.
Prohibitions on financial institutions— The following prohibitions may be imposed against the sanctioned person if that person is a financial institution:
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.
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.
Procurement sanction— The United States Government may not procure, or enter into any contract for the procurement of, any goods or services from the sanctioned person.
Foreign exchange— The President, pursuant to such regulations as the President may prescribe, may prohibit any transactions in foreign exchange that are subject to the jurisdiction of the United States and in which the sanctioned person has any interest.
Banking transactions— The President, pursuant to such regulations as the President may prescribe, may 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 sanctioned person.
Property transactions— The President, pursuant to such regulations as the President may prescribe, may prohibit any person from—
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 sanctioned person has any interest;
dealing in or exercising any right, power, or privilege with respect to such property; or
conducting any transaction involving such property.
Ban on investment in equity or debt of sanctioned person— The President, pursuant to such regulations or guidelines as the President may prescribe, may prohibit any United States person from investing in or purchasing significant amounts of equity or debt instruments of the sanctioned person.
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 sanctioned person.
Sanctions on principal executive officers— The President may impose on the principal executive officer or officers of the sanctioned person, or on persons performing similar functions and with similar authorities as such officer or officers, any of the sanctions under this subsection.
Sanctioned person defined— In this section, the term sanctioned person means a person subject to sanctions under this title (other than section 212).
Sec. 214 Exemptions, waivers, and rulemaking
Exemptions— The following activities shall be exempt from sanctions under this title:
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.
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.
Exception relating to importation of goods— The requirement to impose sanctions under this title shall not include the authority to impose sanctions on the importation of goods.
Waiver— The President may waive the application of sanctions under section 207, 208, 209, 210, or 211 if the President submits to the appropriate congressional committees—
a written determination that the waiver—
is vital to the national security interests of the United States; or
will further the enforcement of this title; and
before issuing the waiver, a certification that the Government of the Russian Federation is taking steps to implement the Minsk Agreements and to substantially decrease its military activities in Syria.
Sec. 215 Inclusion of all funds in records of certain transactions
in the section heading, by striking “coin and currency”;
in subsection (a)—
in the matter preceding paragraph (1), by striking “subtitle and” and inserting “subtitle or to”; and
in paragraph (1)(A), by striking “United States coins or currency (or such other monetary instruments as the Secretary may describe in such order)” and inserting “funds (as the Secretary may describe in such order),”; and
in subsection (b)—
in paragraph (1)(A), by striking “coins or currency (or monetary instruments)” and inserting “funds”; and
in paragraph (2), by striking “coins or currency (or such other monetary instruments as the Secretary may describe in the regulation or order)” and inserting “funds (as the Secretary may describe in the regulation or order)”.
Clerical amendment— The table of sections for chapter 53 of title 31, United States Code, is amended by striking the item relating to section 5326 and inserting the following:
Sec. 216 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 ordering, controlling, or otherwise directing, supporting, or financing, significant acts intended to undermine the peace, security, stability, sovereignty, or territorial integrity of Ukraine, including through an agreement between the appropriate parties; and
halted military operations in Syria.
Sec. 217 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.).