Section 1 Short title
This Act may be cited as the “No Aid for Russian Energy Act”.
No Aid for Russian Energy Act
A BILL
To prohibit United States persons from providing petroleum equipment or services in the energy sector of the Russian Federation.
Sec. 2 Prohibition
In general— The President shall prohibit the exportation, reexportation, sale, or supply, directly or indirectly, from the United States, or by a United States person, wherever located, of petroleum equipment and services to any person located in the Russian Federation.
Liability of parent companies for violations of sanctions by foreign subsidiaries— Except as provided in subsection (c), not later than 60 days after the date of the enactment of this Act, the President shall prohibit any entity owned or controlled by a United States person and established or maintained outside the United States from knowingly engaging directly or indirectly in any transaction described in subsection (a) that would be prohibited by an order or regulation issued pursuant to the International Emergency Economic Powers Act (50 U.S.C. 1701 et seq.) if the transaction were engaged in by a United States person or in the United States.
Exception— The prohibitions in subsections (a) and (b) shall not apply with respect to petroleum equipment and services directly related to isotopes derived from petroleum manufacturing that are used for medical, agricultural, or environmental purposes, such as Carbon-13.
Sec. 3 Sanctions
In general— The President shall impose the sanctions described in subsection (b) on any foreign person that directly or indirectly engages in the exportation, reexportation, sale, or supply, of petroleum equipment and services to any person located in the Russian Federation.
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 shall 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), or is a corporate officer or principal shareholder with a controlling interest in a foreign person 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.
Sec. 4 Administrative measures
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 Act.
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 Act to the same extent that such penalties apply to a person who 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 United States person or a foreign person (as the case may be) under this section for periods not to exceed 180 days 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 vital to the national security interests of the United States and includes a description of the specific national security rationale therefor in the certification.
Regulatory authority—
In general— The President shall, not later than 180 days after the date of the enactment of this Act, prescribe regulations as necessary for the implementation of this Act.
Application of certain regulations— Pursuant to paragraph (1), any regulations that the President prescribes necessary for the implementation of section 3 of this Act shall amend part 587 of title 31, Code of Federal Regulations
Sec. 5 Definitions
In this section—
the term appropriate congressional committees means—
the Committee on Foreign Affairs and the Committee on the Judiciary of the House of Representatives; and
the Committee on Foreign Relations and the Committee on the Judiciary of the Senate;
the term foreign person means an individual or entity (as such term is defined in section 587.303 of title 31, Code of Federal Regulations) that is not a United States person;
the term petroleum equipment and services includes—
equipment, equipment parts, software and services related to the exploration and production of oil, oil condensates and natural gas; and
with respect to equipment and services described in subparagraph (A)—
software support and updates or software packages or applications;
commercial provision of access to data systems and software packages wherever located, including cloud-based data and software, for the purposes of supporting exploration and production of oil, oil condensates and natural gas;
commercial arrangements that enable the manufacturing or development of equipment or software under licensing or similar arrangements; and
engineering and consulting services, including—
process optimization, efficiency improvements, and production planning for petroleum operations;
operational guidance and best-practice consultation;
feasibility studies and technical assessments for exploration or production activities; and
capacity building and training in petroleum sector methodologies; and
technology transfer and intellectual property licensing, including—
licensing of patents, trademarks, trade secrets, and intellectual property used in petroleum operations;
software licensing arrangements enabling proprietary technology use in Russian petroleum operations;
commercial arrangements enabling manufacturing or development of equipment or software under licensing or similar arrangements; and
transfer of know-how and confidential technical information related to petroleum operations; 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.