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”.
Stop Russian Government and Oligarchs from Limiting Democracy Act of 2022
A BILL
To require the imposition of sanctions with respect to the sale, supply, or transfer of gold to or from the Russian Federation.
Sec. 2 Imposition of sanctions with respect to the sale, supply, or transfer of gold to or from Russia
Identification— Not later than 90 days after the date of the enactment of this Act, and periodically as necessary thereafter, the President—
shall submit to Congress a report identifying foreign persons that knowingly participated in a significant transaction—
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
that otherwise involved gold in which the Government of the Russian Federation had any interest; and
shall impose the sanctions described in subsection (b)(1) with respect to each such person; and
may impose the sanctions described in subsection (b)(2) with respect to any such person that is an alien.
Sanctions described— The sanctions described in this subsection are the following:
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.
Ineligibility for visas, admission, or parole—
Visas, admission, or parole— An alien described in subsection (a)(1) 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, 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).
Immediate effect— The revocation under clause (i) of a visa or other entry documentation issued to an alien shall—
take effect immediately; and
automatically cancel any other valid visa or entry documentation that is in the alien’s possession.
Implementation; penalties—
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.
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.
National interest waiver— The President may waive the imposition of sanctions under this section with respect to a person if the President—
determines that such a waiver is in the national interests of the United States; and
submits to Congress a notification of the waiver and the reasons for the waiver.
Termination—
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—
the date that is 3 years after the date of the enactment of this Act; or
the date that is 30 days after the date on which the President certifies to Congress that—
the Government of the Russian Federation has ceased its destabilizing activities with respect to the sovereignty and territorial integrity of Ukraine; and
such termination in the national interests of the United States.
Transition rules—
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.
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—
the violation occurred before the termination date; or
the person involved in the violation continues to be subject to sanctions pursuant to subparagraph (A).
Exceptions—
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.
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.
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.
Exception relating to importation of goods—
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.
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.
Definitions— In this section:
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).
The term foreign person means an individual or entity that is not a United States person.
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.
The term United States person means—
a United States citizen or an alien lawfully admitted for permanent residence to the United States;
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
any person in the United States.