Library / Laws / 113th / hr / H.R. 4278 / Introduced in House
I
113th CONGRESS
2d Session
H. R. 4278
IN THE HOUSE OF REPRESENTATIVES
March 21, 2014
Mr. Royce (for himself and Mr. Engel) introduced the following bill; which was referred to the Committee on Foreign Affairs, and in addition to the Committee on the Judiciary, for a period to be subsequently determined by the Speaker, in each case for consideration of such
provisions as fall within the jurisdiction of the committee concerned
A BILL
To support the independence, sovereignty, and territorial integrity of Ukraine, and for other
purposes.
1.
Short title and table of contents
(a)
Short title
This Act may be cited as the Ukraine Support Act.
(b)
Table of contents
The table of contents for this Act is as follows:
Sec. 1. Short title and table of contents.
Sec. 2. United States policy.
Title I—Assistance provisions
Sec. 101. Support for democratic governance and civil society in Ukraine.
Sec. 102. Economic reform in Ukraine.
Sec. 103. United States international programming to Ukraine and neighboring regions.
Sec. 104. Overseas Private Investment Corporation.
Sec. 105. Enhanced assistance for law enforcement in Ukraine.
Sec. 106. Enhanced security cooperation among Central and Eastern European NATO member states.
Sec. 107. United States-Ukraine security assistance.
Sec. 108. Recovery of assets linked to corruption in Ukraine.
Sec. 109. European Bank for Reconstruction and Development.
Title II—Sanctions provisions
Sec. 201. Continuation in effect of sanctions with respect to the blocking of certain persons
contributing to the situation in Ukraine.
Sec. 202. Imposition of additional sanctions on persons responsible for violence or who undermine
the independence, sovereignty, or territorial or economic integrity of
Ukraine.
Sec. 203. Report on certain foreign financial institutions.
Sec. 204. Amendment to the Iran, North Korea, and Syria Nonproliferation Act.
Sec. 205. Sense of Congress on human rights in the Russian Federation.
Sec. 206. Certification described and submission to Congress.
Sec. 207. Appropriate congressional committees defined.
2.
United States policy
It is the policy of the United States—
(1) 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;
(2) to support the people of Ukraine in their desire to address endemic corruption, consolidate
democracy, and achieve sustained prosperity;
(3) 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;
(4) to support the efforts of the Government of Ukraine to recover and return to the Ukrainian state
funds stolen by 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;
(5) 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;
(6) 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;
(7) to support needed economic structural reforms in Ukraine, including in the fiscal, energy, pension,
and banking sectors, among others;
(8) 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 and energy efficiency;
(9) to condemn the armed intervention of the Russian Federation in Ukraine, including its continuing
political, economic, and military aggression against that country;
(10) 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;
(11) 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;
(12) 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;
(13) to encourage the Government of Ukraine to continue to respect and protect the rights of all ethnic,
religious, and linguistic minorities;
(14) 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; and
(15) 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.
I
Assistance provisions
101.
Support for democratic governance and civil society in Ukraine
(a)
In general
The President is authorized and encouraged to provide assistance to support democracy and civil
society in Ukraine by undertaking the activities described in subsection
(b).
(b)
Activities described
The activities described in this subsection are—
(1) improving democratic governance, transparency, accountability, rule of law, and anti-corruption
efforts;
(2) supporting Ukrainian efforts to foster greater unity among people and regions of the country,
combat anti-Semitism and promote respect for religious freedom;
(3) 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;
(4) assisting Ukraine in diversifying its economy, trade, and energy supplies, including at the
national, regional, and local levels;
(5) strengthening democratic institutions and political and civil society organizations; and
(6) 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.
(c)
Availability of funds
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 is authorized to be appropriated to
carry out this section.
102.
Economic reform in Ukraine
(a)
Findings
Congress finds the following:
(1) 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.
(2) Years of poor economic management and performance have undermined and may continue to undermine
political stability and unity within Ukraine.
(3) 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.
(b)
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—
(1) cutting the massive natural gas subsidies that have led to market inefficiencies;
(2) reducing the bloated public sector;
(3) maintaining a market-determined exchange rate;
(4) strengthening the vulnerable banking sector; and
(5) reducing corruption.
(c)
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.
103.
United States international programming to Ukraine and neighboring regions
(a)
Findings and declarations
Congress finds and declares the following:
(1) 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.
(2) 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.
(3) 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.
(4) 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.
(5) United States international programming has the potential to combat this anti-democratic
propaganda.
(b)
Programming
Radio Free Europe/Radio Liberty (RFE/RL), Incorporated, and the Voice of America service to Ukraine
and neighboring regions shall—
(1) provide news and information that is accessible, credible, and accurate;
(2) emphasize investigative and analytical journalism to highlight inconsistencies and misinformation
provided by Russian or pro-Russian media outlets;
(3) prioritize programming to areas where access to uncensored sources of information is limited or
non-existent, especially populations serviced by Russian supported media
outlets;
(4) increase the number of reporters and organizational presence in eastern Ukraine, especially in
Crimea;
(5) promote democratic processes, respect for human rights, freedom of the press, and territorial
sovereignty; and
(6) take necessary preparatory steps to continue and increase programming and content services to
Russia.
(c)
Programming surge
RFE/RL, Incorporated, and Voice of America programming to Ukraine and neighboring regions shall—
(1) prioritize programming to eastern Ukraine, including Crimea, and to ethnic and linguistic Russian
populations, as well as Tatar minorities;
(2) prioritize news and information that directly contributes to the target audiences’ understanding of
political and economic developments in Ukraine, including countering
misinformation that may originate from other news outlets, especially
Russian supported news outlets;
(3) provide programming content 24 hours a day, seven days a week to target populations, using all
available and effective distribution outlets, including—
(A) 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
(B) 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;
(4) 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
(5) partner with private sector broadcasters and affiliates to seek and start co-production for new,
original content, when possible, to increase distribution.
(d)
Authorization of appropriations
(1)
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.
(2)
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.
(e)
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).
104.
Overseas Private Investment Corporation
It is the sense of Congress that the Overseas Private Investment Corporation should prioritize
investments in Ukraine.
105.
Enhanced assistance for law enforcement in Ukraine
(a)
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.
(b)
Availability of funds
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 is
authorized to be appropriated to enhance United States efforts to assist
Ukraine to strengthen law enforcement capabilities and maintain the rule
of law.
(c)
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.
106.
Enhanced security cooperation among Central and Eastern European NATO member states
(a)
In general
The Secretary of State, in consultation with the heads of 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).
(b)
Activities described
The activities described in this subsection are—
(1) enhancing existing security cooperation, including defense and military-to-military cooperation,
among Central and Eastern European NATO member states;
(2) enhancing security relationships among the United States, the European Union, and Central and
Eastern European NATO member states;
(3) providing defense articles, defense services, and military training to Central and Eastern European
NATO member states;
(4) expanding the scope and frequency of military exercises among Central and Eastern European NATO
member states; and
(5) supporting greater reform, professionalism, and capacity-building efforts within the military,
intelligence, and security services in Central and Eastern European NATO
member states.
107.
United States-Ukraine security assistance
(a)
Findings
Congress finds that—
(1) 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
(2) Ukraine has been a longstanding member of NATO’s Partnership for Peace.
(b)
Sense of Congress
It is the sense of Congress that—
(1) 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;
(2) 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 assistance,
which could include communication equipment, clothing, fuel and other
forms of appropriate assistance, to the Government of Ukraine; and
(3) the Administration should expeditiously conclude its current review of all security assistance to
the Government of Ukraine.
108.
Recovery of assets linked to corruption in Ukraine
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.
109.
European Bank for Reconstruction and Development
(a)
Findings
The Congress finds the following:
(1) Article 1 of the Agreement Establishing the European Bank for Reconstruction and Development (EBRD)
states that the EBRD should support investments in countries that are
committed to and applying the principles of multiparty democracy,
pluralism, and market economics, and the EBRD has recognized that Russian progress in the application of these principles … has been uneven.
(2) Russia received 21 percent of the investments made by the EBRD in 2013, which is more than any
other country received from the EBRD in that year, and has received an
inordinate ratio of investment from the EBRD since the 2006 Capital
Resources Review.
(b)
Sense of the Congress
It is the sense of the Congress that the European Bank for Reconstruction and Development (EBRD)
should increase investments in Ukraine and cease new investments in the
Russian Federation, and the United States Government should press the EBRD
to support new investment in Ukraine and halt consideration of new
investment in Russia.
II
Sanctions provisions
201.
Continuation in effect of sanctions with respect to the blocking of certain persons contributing to
the situation in Ukraine
(a)
In general
United States sanctions described in subsection (b), as in effect on the day before the date of the
enactment of this Act, shall remain in effect until the earlier of—
(1) 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
(2) 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 such sanctions imposed is in the
vital national security interests of the United States.
(b)
Sanctions described
United States sanctions described in this subsection are sanctions imposed under the following
executive orders:
(1) Executive Order 13660 (March 6, 2014; relating to blocking property of certain persons contributing
to the situation in Ukraine).
(2) Executive Order 13661 (March 16, 2014; relating to blocking property of additional persons
contributing to the situation in Ukraine).
(3) Executive Order 13662 (March 20, 2014; relating to blocking property of additional persons
contributing to the situation in Ukraine).
202.
Imposition of additional sanctions on persons responsible for violence or who undermine the
independence, sovereignty, or territorial or economic integrity of Ukraine
(a)
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.
(b)
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—
(1) is knowingly responsible for or complicit in, or engaged in, directly or indirectly—
(A) actions that significantly undermine democratic processes or institutions in Ukraine;
(B) actions that significantly threaten the peace, security, stability, sovereignty, or territorial
integrity of Ukraine;
(C) 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
(D) the commission of serious human rights abuses against citizens of Ukraine or citizens of the
Russian Federation;
(2) is a current or former senior official of the Government of the Russian Federation who has engaged
in any activity described in paragraph (1);
(3) operates in the arms or related materiel sector in the Russian Federation that has engaged in any
activity described in paragraph (1);
(4) is a current or former leader 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;
(5) 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
(6) 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.
(c)
Sanctions described
(1)
In general
The sanctions described in this subsection are the following:
(A)
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), 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 of the United States 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.
(B)
Aliens ineligible for visas, admission, or parole
(i)
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—
(I) inadmissible to the United States;
(II) ineligible to receive a visa or other documentation to enter the United States; and
(III) 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.).
(ii)
Current visas revoked
(I)
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.
(II)
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.
(III)
Effect of revocation
A revocation under subclause (I)—
(aa) shall take effect immediately; and
(bb) shall automatically cancel any other valid visa or entry documentation that is in the alien’s
possession.
(2)
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.
(3)
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.
(4)
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.
(5)
Rule of construction
Nothing in this section shall be construed to limit the authority of the President pursuant to the
International Emergency Economic Powers Act (50 U.S.C. 1701 et seq.).
(d)
Waiver
The President may waive the application of sanctions under subsection (c) with respect to a foreign
person or alien if the President—
(1) determines that such a waiver is vital to the national interest of the United States; and
(2) 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.
(e)
Report
(1)
Report required
(A)
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, 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 in activities described in subsection (b).
(B)
Form
The report required by subparagraph (A) shall be submitted in unclassified form but may contain a
classified annex.
(2)
Requests by chairperson and ranking member of appropriate congressional committees
(A)
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.
(B)
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.
(3)
Definition
In this subsection, the term appropriate congressional committees means—
(A) the Committee on Foreign Affairs and the Committee on Financial Services of the House of
Representatives; and
(B) the Committee on Foreign Relations and the Committee on Banking, Housing, and Urban Affairs of the
Senate.
(f)
Definitions
In this section:
(1)
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)).
(2)
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)).
(3)
Financial institution
The term financial institution has the meaning given that term in section 5312 of title 31, United States Code.
(4)
Foreign person
The term foreign person means—
(A) an individual who is not a United States person or an alien lawfully admitted for permanent
residence into the United States;
(B) a corporation, partnership, or other nongovernmental entity which is not a United States person; or
(C) any representative, agent or instrumentality of, or an individual working on behalf of a foreign
government.
(5)
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)).
(6)
Senior foreign political figure
The term senior foreign political figure means—
(A) a current or former—
(i) senior official in the executive, legislative, administrative, military, or judicial branches of a
foreign government (whether elected or not);
(ii) senior official of a major foreign political party; or
(iii) senior executive of a foreign-government-owned commercial enterprise;
(B) a corporation, business, or other entity that has been formed by, or for the benefit of, any such
individual;
(C) an immediate family member (including spouses, parents, siblings, children, and a spouse’s parents
and siblings) of any such individual; or
(D) a person who is widely and publicly known to be a close associate of such individual.
(7)
United states person
The term United States person means—
(A) a United States citizen or an alien lawfully admitted for permanent residence to the United States;
or
(B) 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.
(g)
Termination
This section and any sanction imposed by this section shall remain in effect until the earlier of—
(1) 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
(2) 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.
203.
Report on certain foreign financial institutions
(a)
Findings
Congress finds the following:
(1) On February 26, 2014, the Department of the Treasury’s Financial Crimes Enforcement Network advised
United 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.
(2) United States financial institutions are required to apply enhanced scrutiny to private banking
accounts held by or on behalf of senior foreign political figures and 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.
(3) 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.
(4) 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.
(5) The Government of Canada has taken similar action against the same individuals.
(6) 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.
(7) Foreign financial institutions should apply similar, enhanced due-diligence and reporting
requirements.
(8) 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.
(9) 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.
(b)
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.
(c)
Report
(1)
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—
(A) 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;
(B) 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—
(i) organized under the laws of the Russian Federation; or
(ii) owned or controlled by a foreign person described in section 202(b); and
(C) foreign financial institutions that are directly or indirectly assisting or otherwise aiding the
violation of Ukrainian sovereignty, independence, and territorial
integrity, including, the Crimea.
(2)
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.
204.
Amendment to the Iran, North Korea, and Syria Nonproliferation Act
(a)
Findings
Congress finds the following:
(1) 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.
(2) 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).
(3) 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.
(b)
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:
(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.
.
205.
Sense of Congress on human rights in the Russian Federation
It is the sense of Congress that the President should greatly expand the list of 18 Russian
officials and others published on April 12, 2013, who were engaged in
actions described in section 404 of the Sergei Magnitsky Rule of Law
Accountability Act of 2012 (title IV of Public Law 112–208; 22 U.S.C.
5811) regarding the death of Sergei Magnitsky, illegal activity by
officials of the Government of the Russian Federation, or violations of
human rights and other offenses in Russia.
206.
Certification described and submission to Congress
(a)
In general
A certification described in this section is a certification of the President to Congress that
Ukrainian sovereignty, independence, and territorial integrity is not
being violated by the Russian Federation or any other state actor.
(b)
Submission to congress
(1)
In general
The President shall submit the certification described in subsection (a) to the appropriate
congressional committees in writing and shall include a justification for
the certification.
(2)
Form of certification
The certification described in subsection (a) shall be submitted in unclassified form but may
contain a classified annex.
207.
Appropriate congressional committees defined
Except as otherwise provided, in this title the term appropriate congressional committees means—
(1) 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
(2) Committee on Foreign Relations, the Committee on Banking, Housing, and Urban Affairs, and the
Committee on the Judiciary of the Senate.