Section 1 Short title
This Act may be cited as the “No Russian Tunnel to Crimea Act”.
No Russian Tunnel to Crimea Act
AN ACT
To require the imposition of sanctions with respect to any foreign person that knowingly participates in the construction, maintenance, or repair of a tunnel or bridge that connects the Russian mainland with the Crimean peninsula.
Sec. 2 Findings
Congress makes the following findings:
In February and March 2014, the Russian Federation invaded the Crimean peninsula and annexed Crimea, international recognized as Ukrainian territory.
Following its annexation of Crimea, the Russian Federation constructed the Kerch Strait Bridge to connect the Russian mainland with the Crimean peninsula.
On February 24, 2022, the Government of the Russian Federation, led by Vladimir Putin, launched an unprovoked, full-scale invasion of Ukraine.
The Russian Federation has used Crimea as an integral part of its full scale invasion of Ukraine, including to house Russian troops, store ammunition and weapons, and host the Black Sea Fleet.
In October 2023, it was publicly reported that Russian and Chinese business officials met and exchanged emails to discuss building a tunnel from the Russian mainland to illegally occupied Crimea.
Sec. 3 Sanctions
In general— The President shall impose sanctions described in subsection (b) with respect to any foreign person that knowingly participates in the construction, maintenance, or repair of a tunnel or bridge that connects the Russian mainland with the Crimean peninsula.
Sanctions described— The sanctions described in this subsection are the following:
Asset blocking— Notwithstanding the requirements of section 202 of the International Emergency Economic Powers Act (50 U.S.C. 1701), the President may exercise of all powers granted to the President by that Act to the extent necessary to block and prohibit all transactions in all property and interests in property of the foreign person 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.
Visas, admission, or parole—
In general— 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, is described in subsection (a) is—
inadmissible to the United States;
ineligible for 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 subparagraph (A) regardless of when the visa or other entry documentation is issued.
Effect of revocation— A revocation under clause (i)—
shall take effect immediately; and
shall automatically cancel any other valid visa or entry documentation that is in the alien’s possession.
Exceptions—
Exception to comply with international obligations— Sanctions under subsection (b)(2) shall not apply with respect to the admission of an alien if admitting or paroling 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.
Exception relating to the provision of humanitarian assistance— Sanctions under this section may not be imposed with respect to transactions or the facilitation of transactions for—
the sale of agricultural commodities, food, medicine, or medical devices;
the provision of humanitarian assistance;
financial transactions relating to humanitarian assistance; or
transporting goods or services that are necessary to carry out operations relating to humanitarian assistance.
Exception for intelligence, law enforcement, and national security activities— Sanctions under this section shall not apply to any authorized intelligence, law enforcement, or national security activities of the United States.
Classified information— In any judicial review of a determination made under this section, if the determination was based on classified information (as defined in section 1(a) of the Classified Information Procedures Act) such information may be submitted to the reviewing court ex parte and in camera. This subsection does not confer or imply any right to judicial review.
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 this section.
Penalties— The penalties provided for in subsections (b) and (c) of section 206 of the International Emergency Economic Powers Act (50 U.S.C. 1705) shall apply to a person that violates, attempts to violate, conspires to violate, or causes a violation of regulations promulgated to carry out this section to the same extent that such penalties apply to a person that commits an unlawful act described in section 206(a) of that Act.
Waiver— The President may waive the application of sanctions imposed with respect to a foreign person under this section if the President certifies to the appropriate congressional committees not later than 15 days before such waiver is to take effect that the waiver is important to the national security interests of the United States.
Definitions— In this section—
the term appropriate congressional committees means the Committee on Foreign Affairs of the House of Representatives and the Committee on Foreign Relations of the Senate;
the term foreign person means an individual or entity that is not a United States person; and
the term United States person means—
a United States citizen;
a permanent resident alien of the United States;
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; or
a person in the United States.