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22 U.S.C. § 9527 — Imposition of sanctions with respect to persons engaging in transactions with the intelligence or defense sectors of the Government of the Russian Federation

Federal law — U.S. Code and appendices · legal_authorities

22 U.S.C. § 9527 — Imposition of sanctions with respect to persons engaging in transactions with the intelligence or defense sectors of the Government of the Russian Federation

**(a) In general** On and after the date that is 180 days after August 2, 2017, the President shall impose five or more of the sanctions described in [section 9529 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title22-section9529&num=0&edition=prelim) with respect to a person the President determines knowingly, on or after August 2, 2017, engages in a significant transaction with a person that is part of, or operates for or on behalf of, the defense or intelligence sectors of the Government of the Russian Federation, including the Main Intelligence Agency of the General Staff of the Armed Forces of the Russian Federation or the Federal Security Service of the Russian Federation. **(b) Application of new sanctions** The President may waive the initial application of sanctions under subsection (a) with respect to a person only if the President submits to the appropriate congressional committees— (1) a written determination that the waiver— (A) is in the vital national security interests of the United States; or (B) will further the enforcement of this chapter; and (2) a certification that the Government of the Russian Federation has made significant efforts to reduce the number and intensity of cyber intrusions conducted by that Government. **(c) Delay of imposition of sanctions** The President may delay the imposition of sanctions under subsection (a) with respect to a person if the President certifies to the appropriate congressional committees, not less frequently than every 180 days while the delay is in effect, that the person is substantially reducing the number of significant transactions described in subsection (a) in which that person engages. **(d) Modified waiver authority for certain sanctionable transactions under this

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Source file: Laws/federal/codes/united-states-code/title-22/section-9527-imposition-of-sanctions-with-respect-to-persons-engaging-in-transactions--3be8b93a70.md
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Source location: Title 22, Chapter 102, § 9527; chapter-102-countering-russian-influence-in-europe-and-eurasia.md

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**(a) In general** On and after the date that is 180 days after August 2, 2017, the President shall impose five or more of the sanctions described in [section 9529 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title22-section9529&num=0&edition=prelim) with respect to a person the President determines knowingly, on or after August 2, 2017, engages in a significant transaction with a person that is part of, or operates for or on behalf of, the defense or intelligence sectors of the Government of the Russian Federation, including the Main Intelligence Agency of the General Staff of the Armed Forces of the Russian Federation or the Federal Security Service of the Russian Federation. **(b) Application of new sanctions** The President may waive the initial application of sanctions under subsection (a) with respect to a person only if the President submits to the appropriate congressional committees— (1) a written determination that the waiver— (A) is in the vital national security interests of the United States; or (B) will further the enforcement of this chapter; and (2) a certification that the Government of the Russian Federation has made significant efforts to reduce the number and intensity of cyber intrusions conducted by that Government. **(c) Delay of imposition of sanctions** The President may delay the imposition of sanctions under subsection (a) with respect to a person if the President certifies to the appropriate congressional committees, not less frequently than every 180 days while the delay is in effect, that the person is substantially reducing the number of significant transactions described in subsection (a) in which that person engages. **(d) Modified waiver authority for certain sanctionable transactions under this section** (1) **In general** — The President may use the authority under [section 9530(b) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title22-section9530/b&num=0&edition=prelim) to waive the application of sanctions with respect to a person under this section without regard to [section 9511 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title22-section9511&num=0&edition=prelim) if, not later than 30 days prior to the waiver taking effect, the President certifies in writing to the appropriate congressional committees and the Committee on Armed Services of the Senate and the Committee on Armed Services of the House of Representatives that— (A) the waiver is in the national security interests of the United States; (B) the significant transaction described in subsection (a) that the person engaged in with respect to which the waiver is being exercised— (i) is not a significant transaction with— (I) the Main Intelligence Agency of the General Staff of the Armed Forces of the Russian Federation; (II) the Federal Security Service of the Russian Federation; (III) the Foreign Intelligence Service of the Russian Federation; (IV) Autonomous Noncommercial Professional Organization/Professional Association of Designers of Data Processing (ANO PO KSI); (V) the Special Technology Center; (VI) Zorsecurity; or (VII) any person that the Secretary of State, in consultation with the Director of National Intelligence, determines— (aa) to be part of, or operating for or on behalf of, the defense or intelligence sector of the Government of the Russian Federation; and (bb) has directly participated in or facilitated cyber intrusions by the Government of the Russian Federation; and (ii) would not— (I) endanger the integrity of any multilateral alliance of which the United States is a part; (II) adversely affect ongoing operations of the Armed Forces of the United States, including coalition operations in which the Armed Forces of the United States participate; (III) result in a significant negative impact to defense cooperation between the United States and the country whose government has primary jurisdiction over the person; and (IV) significantly increase the risk of compromising United States defense systems and operational capabilities; and (C) the government with primary jurisdiction over the person— (i) is taking or will take steps to reduce its inventory of major defense equipment and advanced conventional weapons produced by the defense sector of the Russian Federation as a share of its total inventory of major defense equipment and advanced conventional weapons over a specified period; or (ii) is cooperating with the United States Government on other security matters that are critical to United States strategic interests. (2) **Form** — The certification described in paragraph (1) shall be transmitted in an unclassified form, and may contain a classified annex. (3) **Report** (A) *In general* — Not later than 120 days after the date on which the President submits a certification described in paragraph (1) with respect to the waiver of the application of sanctions with respect to a person under this section, and annually thereafter for two years, the Secretary of State and the Secretary of Defense shall jointly submit to the appropriate congressional committees and the Committee on Armed Services of the Senate and the Committee on Armed Services of the House of Representatives a report on the waiver. (B) *Matters to be included* — The report required by subparagraph (A) shall include— (i) the extent to which such waiver has or has not resulted in the compromise of United States systems and operational capabilities, including through the diversion of United States sensitive technology to a person that is part of, or operates for or on behalf of, the defense or intelligence sectors of the Government of the Russian Federation; and (ii) the extent to which the government with primary jurisdiction over the person is taking specific actions to further the enforcement of this title. **(e) Requirement to issue guidance** Not later than 60 days after August 2, 2017, the President shall issue regulations or other guidance to specify the persons that are part of, or operate for or on behalf of, the defense and intelligence sectors of the Government of the Russian Federation. **(f) Penalties** A person that violates, attempts to violate, conspires to violate, or causes a violation of subsection (a) or any regulation, license, or order issued to carry out subsection (a) shall be subject to the penalties set forth in subsections (b) and (c) of [section 1705 of title 50](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title50-section1705&num=0&edition=prelim) to the same extent as a person that commits an unlawful act described in subsection (a) of that section.

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Federal law — U.S. Code and appendices · legal_authorities

22 U.S.C. § 9525 — Modification of implementation of Executive Order No. 13662

**(a) Determination that certain entities are subject to sanctions** The Secretary of the Treasury may determine that a person meets one or more of the criteria in section 1(a) of Executive Order No. 13662 if that person is a state-owned entity operating in the railway or metals and mining sector of the economy of the Russian Federation. **(b) Modification of Directive 1 with respect to the financial services sector of the Russian Federation economy** Not later than 60 days after August 2, 2017, the Secretary of the Treasury shall modify Directive 1 (as amended), dated September 12, 2014, issued by the Office of Foreign Assets Control under Executive Order No. 13662, or any successor directive (which shall be effective beginning on the date that is 60 days after the date of such modification), to ensure that the directive prohibits the conduct by United States persons or persons within the United States of all transactions in, provision of financing for, and other dealings in new debt of longer than 14 days maturity or new equity of persons determined to be subject to the directive, their property, or their interests in property. **(c) Modification of Directive 2 with respect to the energy sector of the Russian Federation economy** Not later than 60 days after August 2, 2017, the Secretary of the Treasury shall modify Directive 2 (as amended), dated September 12, 2014, issued by the Office of Foreign Assets Control under Executive Order No. 13662, or any successor directive (which shall be effective beginning on the date that is 60 days after the date of such modification), to ensure that the directive prohibits the conduct by United States persons or persons within the United States of all transactions in, provision of financing for, and other dealings in new debt of

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Federal law — U.S. Code and appendices · legal_authorities

22 U.S.C. § 9501 — Exception relating to activities of the National Aeronautics and Space Administration

**(a) In general** This chapter and the amendments made by this Act shall not apply with respect to activities of the National Aeronautics and Space Administration. **(b) Rule of construction** Nothing in this chapter or the amendments made by this Act shall be construed to authorize the imposition of any sanction or other condition, limitation, restriction, or prohibition, that directly or indirectly impedes the supply by any entity of the Russian Federation of any product or service, or the procurement of such product or service by any contractor or subcontractor of the United States or any other entity, relating to or in connection with any space launch conducted for— (1) the National Aeronautics and Space Administration; or (2) any other non-Department of Defense customer.

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Federal law — U.S. Code and appendices · legal_authorities

22 U.S.C. § 9511 — Findings

Congress makes the following findings: (1) On March 6, 2014, President Barack Obama issued Executive Order No. 13660 (79 Fed. Reg. 13493; relating to blocking property of certain persons contributing to the situation in Ukraine), which authorizes the Secretary of the Treasury, in consultation with the Secretary of State, to impose sanctions on those determined to be undermining democratic processes and institutions in Ukraine or threatening the peace, security, stability, sovereignty, and territorial integrity of Ukraine. President Obama subsequently issued Executive Order No. 13661 (79 Fed. Reg. 15535; relating to blocking property of additional persons contributing to the situation in Ukraine) and Executive Order No. 13662 (79 Fed. Reg. 16169; relating to blocking property of additional persons contributing to the situation in Ukraine) to expand sanctions on certain persons contributing to the situation in Ukraine. (2) On December 18, 2014, the Ukraine Freedom Support Act of 2014 was enacted (Public Law 113–272; [22 U.S.C. 8921](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title22-section8921&num=0&edition=prelim) et seq.), which includes provisions directing the President to impose sanctions on foreign persons that the President determines to be entities owned or controlled by the Government of the Russian Federation or nationals of the Russian Federation that manufacture, sell, transfer, or otherwise provide certain defense articles into Syria. (3) On April 1, 2015, President Obama issued Executive Order No. 13694 (80 Fed. Reg. 18077; relating to blocking the property of certain persons engaging in significant malicious cyber-enabled activities), which authorizes the Secretary of the Treasury, in consultation with the Attorney General and the Secr

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Federal law — U.S. Code and appendices · legal_authorities

22 U.S.C. § 9401 — Definitions

In this chapter: (1) **Act of international terrorism** — The term “act of international terrorism” has the meaning given that term in section 14 of the Iran Sanctions Act of 1996 (Public Law 104–172; [50 U.S.C. 1701](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title50-section1701&num=0&edition=prelim) note). (2) **Appropriate congressional committees** — The term “appropriate congressional committees” has the meaning given that term in section 14 of the Iran Sanctions Act of 1996 (Public Law 104–172; [50 U.S.C. 1701](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title50-section1701&num=0&edition=prelim) note). (3) **Foreign person** — The term “foreign person” means a person that is not a United States person. (4) **Iranian person** — The term “Iranian person” means— (A) an individual who is a citizen or national of Iran; or (B) an entity organized under the laws of Iran or otherwise subject to the jurisdiction of the Government of Iran. (5) **IRGC** — The term “IRGC” means Iran’s Islamic Revolutionary Guard Corps. (6) **Knowingly** — The term “knowingly” has the meaning given that term in section 14 of the Iran Sanctions Act of 1996 (Public Law 104–172; [50 U.S.C. 1701](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title50-section1701&num=0&edition=prelim) note). (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.

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Federal law — U.S. Code and appendices · legal_authorities

3 U.S.C. § 301 — General authorization to delegate functions; publication of delegations

The President of the United States is authorized to designate and empower the head of any department or agency in the executive branch, or any official thereof who is required to be appointed by and with the advice and consent of the Senate, to perform without approval, ratification, or other action by the President (1) any function which is vested in the President by law, or (2) any function which such officer is required or authorized by law to perform only with or subject to the approval, ratification, or other action of the President: Provided, That nothing contained herein shall relieve the President of his responsibility in office for the acts of any such head or other official designated by him to perform such functions. Such designation and authorization shall be in writing, shall be published in the Federal Register, shall be subject to such terms, conditions, and limitations as the President may deem advisable, and shall be revocable at any time by the President in whole or in part.

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Federal law — U.S. Code and appendices · legal_authorities

50 U.S.C. § 1705 — Penalties

**(a) Unlawful acts** It shall be unlawful for a person to violate, attempt to violate, conspire to violate, or cause a violation of any license, order, regulation, or prohibition issued under this chapter. **(b) Civil penalty** A civil penalty may be imposed on any person who commits an unlawful act described in subsection (a) in an amount not to exceed the greater of— (1) $250,000; or (2) an amount that is twice the amount of the transaction that is the basis of the violation with respect to which the penalty is imposed. **(c) Criminal penalty** A person who willfully commits, willfully attempts to commit, or willfully conspires to commit, or aids or abets in the commission of, an unlawful act described in subsection (a) shall, upon conviction, be fined not more than $1,000,000, or if a natural person, may be imprisoned for not more than 20 years, or both. **(d) Statute of limitations** (1) **Time for commencing proceedings** (A) *In general* — An action, suit, or proceeding for the enforcement of any civil fine, penalty, or forfeiture, pecuniary or otherwise, under this section shall not be entertained unless commenced within 10 years after the latest date of the violation upon which the civil fine, penalty, or forfeiture is based. (B) *Commencement* — For purposes of this paragraph, the commencement of an action, suit, or proceeding includes the issuance of a pre-penalty notice or finding of violation. (2) **Time for indictment** — No person shall be prosecuted, tried, or punished for any offense under subsection (c) unless the indictment is found or the information is instituted within 10 years after the latest date of the violation upon which the indictment or information is based.

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Federal law — U.S. Code and appendices · legal_authorities

22 U.S.C. § 9529 — Sanctions with respect to investment in or facilitation of privatization of State-owned assets by the Russian Federation

**(a) In general** The President shall impose five or more of the sanctions described in [section 9529 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title22-section9529&num=0&edition=prelim) if the President determines that a person, with actual knowledge, on or after August 2, 2017, 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 in a manner that unjustly benefits— (1) officials of the Government of the Russian Federation; or (2) close associates or family members of those officials. **(b) Application of new sanctions** The President may waive the initial application of sanctions under subsection (a) with respect to a person only if the President submits to the appropriate congressional committees— (1) a written determination that the waiver— (A) is in the vital national security interests of the United States; or (B) will further the enforcement of this chapter; and (2) a certification that the Government of the Russian Federation is taking steps to 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, the Minsk Protocol, which was agreed to on September 5, 2014, and any successor agreements that are agreed to by the Government of Ukraine.

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Federal law — U.S. Code and appendices · legal_authorities

22 U.S.C. § 9527 — Sanctions with respect to investment in

Page 2259 TITLE 22—FOREIGN RELATIONS AND INTERCOURSE § 9528 203(b)(2) of IEEPA (50 U.S.C. 1702(b)(2)) by, to, or for the benefit of any person whose property and interests in property are blocked pursuant to this order would seri- ously impair my ability to deal with the national emer- gency declared in Executive Order 14024, and I hereby prohibit such donations as provided by section 1 of this order. SEC. 6. For the purposes of this order: (a) the term ‘‘entity’’ means a partnership, associa- tion, trust, joint venture, corporation, group, subgroup, or other organization; (b) the term ‘‘foreign person’’ means an individual or entity that is not a United States person; (c) the term ‘‘person’’ means an individual or entity; and (d) the term ‘‘United States person’’ means any United States citizen, lawful permanent resident, enti- ty organized under the laws of the United States or any jurisdiction within the United States (including foreign branches), or any person in the United States. SEC. 7. For those persons whose property and inter- ests in property are blocked pursuant to this order who might have a constitutional presence in the United States, I find that because of the ability to transfer funds or other assets instantaneously, prior notice to such persons of measures to be taken pursuant to this order would render those measures ineffectual. I there- fore determine that for these measures to be effective in addressing the national emergency declared in Exec- utive Order 14024, there need be no prior notice of a list- ing or determination made pursuant to section 1 of this order. SEC. 8. The Secretary of the Treasury, in consultation with the Secretary of State, is hereby authorized to take such actions, including the promulgation of rule

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