22 U.S.C. § 9525 — Imposition of sanctions with respect to

Page 2253 TITLE 22—FOREIGN RELATIONS AND INTERCOURSE § 9525 Editorial Notes REFERENCES IN TEXT Executive Order No. 13662, referred to in section catchline and text, is Ex. Ord. No. 13662, Mar. 20, 2014, 79 F.R. 16169, which is listed in a table under section 1701 of Title 50, War and National Defense. § 9524. Imposition of sanctions with respect to ac- tivities of the Russian Federation under- mining cybersecurity (a) In general On and after the date that is 60 days after Au- gust 2, 2017, the President shall— (1) impose the sanctions described in sub- section (b) with respect to any person that the President determines— (A) knowingly engages in significant ac- tivities undermining cybersecurity against any person, including a democratic institu- tion, or government on behalf of the Govern- ment of the Russian Federation; or (B) is owned or controlled by, or acts or purports to act for or on behalf of, directly or indirectly, a person described in subpara- graph (A); (2) impose five or more of the sanctions de- scribed in section 9529 of this title with re- spect to any person that the President deter- mines knowingly materially assists, sponsors, or provides financial, material, or techno- logical support for, or goods or services (ex- cept financial services) in support of, an activ- ity described in paragraph (1)(A); and (3) impose three or more of the sanctions de- scribed in section 8923(c) of this title with re- spect to any person that the President deter- mines knowingly provides financial services in support of an activity described in paragraph (1)(A). (b) Sanctions described The sanctions described in this subsection are the following: (1) Asset blocking 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 person determined by the Presi- dent to be subject to 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 con- trol of a United States person. (2) Exclusion from the United States and rev- ocation of visa or other documentation In the case of an alien determined by the President to be subject to subsection (a)(1), de- nial of a visa to, and exclusion from the United States of, the alien, and revocation in accordance with section 1201(i) of title 8, of any visa or other documentation of the alien. (c) Application of new cyber sanctions The President may waive the initial applica- tion under subsection (a) of sanctions with re- spect to a person only if the President submits to the appropriate congressional committees— (1) a written determination that the waiv- er— (A) is in the vital national security inter- ests 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 Govern- ment. (d) Significant activities undermining cybersecurity defined In this section, the term ‘‘significant activi- ties undermining cybersecurity’’ includes— (1) significant efforts— (A) to deny access to or degrade, disrupt, or destroy an information and communica- tions technology system or network; or (B) to exfiltrate, degrade, corrupt, destroy, or release information from such a system or network without authorization for pur- poses of— (i) conducting influence operations; or (ii) causing a significant misappropria- tion of funds, economic resources, trade secrets, personal identifications, or finan- cial information for commercial or com- petitive advantage or private financial gain; (2) significant destructive malware attacks; and (3) significant denial of service activities. (Pub. L. 115–44, title II, § 224, Aug. 2, 2017, 131 Stat. 908.) Editorial Notes REFERENCES IN TEXT The International Emergency Economic Powers Act, referred to in subsec. (b)(1), is title II of Pub. L. 95–223, Dec. 28, 1977, 91 Stat. 1626, which is classified generally to chapter 35 (§ 1701 et seq.) of Title 50, War and Na- tional Defense. For complete classification of this Act to the Code, see Short Title note set out under section 1701 of Title 50 and Tables. This chapter, referred to in subsec. (c)(1)(B), was in the original ‘‘this title’’, meaning title II of Pub. L. 115–44, Aug. 2, 2017, 131 Stat. 898, which is classified principally to this chapter. For complete classification of title II to the Code, see section 201 of Pub. L. 115–44, set out as a Short Title note under section 9501 of this title and Tables. § 9525. Imposition of sanctions with respect to persons engaging in transactions with the in- telligence or defense sectors of the Govern- ment of the Russian Federation (a) In general On and after the date that is 180 days after Au- gust 2, 2017, the President shall impose five or more of the sanctions described in section 9529 of this title with respect to a person the Presi- dent 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 be- half of, the defense or intelligence sectors of the Government of the Russian Federation, includ- ing the Main Intelligence Agency of the General Staff of the Armed Forces of the Russian Fed- Page 2254 TITLE 22—FOREIGN RELATIONS AND INTERCOURSE § 9525 eration or the Federal Security Service of the Russian Federation. (b) Application of new sanctions The President may waive the initial applica- tion of sanctions under subsection (a) with re- spect to a person only if the President submits to the appropriate congressional committees— (1) a written determination that the waiv- er— (A) is in the vital national security inter- ests 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 Govern- ment. (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 appro- priate congressional committees, not less fre- quently 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 to waive the appli- cation of sanctions with respect to a person under this section without regard to section 9511 of this title if, not later than 30 days prior to the waiver taking effect, the President cer- tifies in writing to the appropriate congres- sional committees and the Committee on Armed Services of the Senate and the Com- mittee on Armed Services of the House of Rep- resentatives 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 ex- ercised— (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 Pro- fessional Organization/Professional Asso- ciation 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 Rus- sian Federation; and (bb) has directly participated in or facilitated cyber intrusions by the Government of the Russian Federa- tion; and (ii) would not— (I) endanger the integrity of any mul- tilateral 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 sys- tems and operational capabilities; and (C) the government with primary jurisdic- tion over the person— (i) is taking or will take steps to reduce its inventory of major defense equipment and advanced conventional weapons pro- duced by the defense sector of the Russian Federation as a share of its total inven- tory of major defense equipment and ad- vanced conventional weapons over a speci- fied 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 De- fense shall jointly submit to the appropriate congressional committees and the Com- mittee 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 ca- pabilities, 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 sec- tors of the Government of the Russian Federation; and (ii) the extent to which the government with primary jurisdiction over the person Page 2255 TITLE 22—FOREIGN RELATIONS AND INTERCOURSE § 9525 is taking specific actions to further the en- forcement of this title. (e) Requirement to issue guidance Not later than 60 days after August 2, 2017, the President shall issue regulations or other guid- ance to specify the persons that are part of, or operate for or on behalf of, the defense and intel- ligence sectors of the Government of the Rus- sian Federation. (f) Penalties A person that violates, attempts to violate, conspires to violate, or causes a violation of sub- section (a) or any regulation, license, or order issued to carry out subsection (a) shall be sub- ject to the penalties set forth in subsections (b) and (c) of section 1705 of title 50 to the same ex- tent as a person that commits an unlawful act described in subsection (a) of that section. (Pub. L. 115–44, title II, § 231, Aug. 2, 2017, 131 Stat. 916; Pub. L. 115–232, div. A, title XII, § 1294(a), Aug. 13, 2018, 132 Stat. 2085.) Editorial Notes REFERENCES IN TEXT This chapter, referred to in subsec. (b)(1)(B), was in the original ‘‘this title’’, meaning title II of Pub. L. 115–44, Aug. 2, 2017, 131 Stat. 898, which is classified principally to this chapter. For complete classification of title II to the Code, see section 201 of Pub. L. 115–44, set out as a Short Title note under section 9501 of this title and Tables. AMENDMENTS 2018—Subsecs. (d) to (f). Pub. L. 115–232 added subsec. (d) and redesignated former subsecs. (d) and (e) as (e) and (f), respectively. Statutory Notes and Related Subsidiaries CONSTRUCTION Pub. L. 115–232, div. A, title XII, § 1294(b), Aug. 13, 2018, 132 Stat. 2087, provided that: ‘‘Nothing in sub- section (d) of section 231 of the Countering America’s Adversaries Through Sanctions Act (Public Law 115–44; 22 U.S.C. 9525), as added by subsection (a) of this sec- tion, shall be construed to modify, waive, or terminate any existing sanctions with respect to the Russian Fed- eration, including any Russian person or entity, that are in effect on the date of the enactment of this Act [Aug. 13, 2018].’’ DETERMINATION AND IMPOSITION OF SANCTIONS WITH RESPECT TO TURKEY’S ACQUISITION OF THE S–400 AIR DEFENSE SYSTEM Pub. L. 116–283, div. A, title XII, § 1241, Jan. 1, 2021, 134 Stat. 3944, provided that: ‘‘(a) SENSE OF CONGRESS.—It is the sense of Congress that it is in the national security interest of the United States— ‘‘(1) to deter aggression against North Atlantic Treaty Organization (NATO) allies by the Russian Federation or any other adversary; ‘‘(2) to continue to work with NATO allies to ensure they meet their alliance defense commitments, in- cluding through adequate and efficient investments in national defense; ‘‘(3) to work to maintain and strengthen the demo- cratic institutions and practices of all NATO allies, in accordance with the goals of Article 2 of the North Atlantic Treaty; ‘‘(4) to ensure that Turkey remains a critical NATO ally and important military partner for the United States, contributing to key NATO and United States missions and providing support for United States military operations and logistics needs; ‘‘(5) to assist NATO allies in acquiring and deploy- ing modern, NATO-interoperable military equipment and reducing their dependence on Russian or former Soviet-era defense articles; ‘‘(6) to promote opportunities to strengthen the ca- pacity of NATO member states to counter Russian malign influence; and ‘‘(7) to enforce fully the Countering America’s Ad- versaries Through Sanctions Act (22 U.S.C. 9401 et seq.), including by imposing sanctions with respect to any person that the President determines knowingly engages in a significant transaction with a person that is part of, or operates for or on behalf of, the de- fense or intelligence sectors of the Government of the Russian Federation, as described in section 231 of that Act (22 U.S.C. 9525). ‘‘(b) DETERMINATION.—The acquisition by the Govern- ment of Turkey of the S–400 air defense system from the Russian Federation beginning on July 12, 2019, con- stitutes a significant transaction as described in sec- tion 231 of the Countering America’s Adversaries Through Sanctions Act (22 U.S.C. 9525). ‘‘(c) IMPOSITION OF SANCTIONS.—Not later than 30 days after the date of the enactment of this Act [Jan. 1, 2021], the President shall impose five or more of the sanctions described in section 235 of the Countering America’s Adversaries Through Sanctions Act (22 U.S.C. 9529) with respect to each person that knowingly engaged in the acquisition of the S-400 air defense sys- tem referred to in subsection (b). ‘‘(d) EXCEPTION RELATING TO IMPORTATION OF GOODS.— ‘‘(1) IN GENERAL.—Notwithstanding any other provi- sion of this section, the authorities and requirements to impose sanctions under this section shall not in- clude the authority or a requirement to impose sanc- tions on the importation of goods. ‘‘(2) GOOD DEFINED.—In this subsection, the term ‘good’ means any article, natural or man-made sub- stance, material, supply or manufactured product, in- cluding inspection and test equipment, and excluding technical data. ‘‘(e) TERMINATION.—On and after the date that is one year after the date on which the President imposes sanctions under subsection (c) with respect to a person, the President may terminate the application of such sanctions with respect to that person if the President submits to the appropriate congressional committees a certification that— ‘‘(1) the Government of Turkey and any person act- ing on its behalf no longer possesses the S–400 air de- fense system or a successor system; ‘‘(2) no S-400 air defense system or successor system is operated or maintained inside Turkey by nationals of the Russian Federation or persons acting on behalf of the Government of the Russian Federation or the defense sector of the Russian Federation; and ‘‘(3) the President has received reliable assurances from the Government of Turkey that the Government of Turkey will not knowingly engage, or allow any foreign person to engage on its behalf, in pursuing any activity subject to sanctions under section 231 of the Countering America’s Adversaries Through Sanc- tions Act (22 U.S.C. 9525) to reacquire the S-400 air de- fense system or a successor system. ‘‘(f) APPROPRIATE CONGRESSIONAL COMMITTEES DE- FINED.—In this section, the term ‘appropriate congres- sional committees’ means— ‘‘(1) the Committee on Foreign Relations and the Committee on Armed Services of the Senate; and ‘‘(2) the Committee on Foreign Affairs and the Committee on Armed Services of the House of Rep- resentatives.’’ EXCEPTION RELATING TO IMPORTATION OF GOODS Pub. L. 115–232, div. A, title XII, § 1294(d), Aug. 13, 2018, 132 Stat. 2088, provided that: ‘‘No provision affect- ing sanctions under this section [amending this section and enacting provisions set out as notes under this sec- Page 2256 TITLE 22—FOREIGN RELATIONS AND INTERCOURSE § 9526 tion] or an amendment made by this section shall apply to any portion of a sanction that affects the importa- tion of goods.’’ Executive Documents DELEGATION OF AUTHORITIES UNDER SECTION 1294 OF THE NATIONAL DEFENSE AUTHORIZATION ACT FOR FISCAL YEAR 2019 Memorandum of President of the United States, Oct. 26, 2018, 83 F.R. 57671, provided: Memorandum for the Secretary of State[,] the Sec- retary of the Treasury[,] the Secretary of Defense[, and] the Assistant to the President for National Secu- rity Affairs By the authority vested in me as President by the Constitution and the laws of the United States of America, including section 301 of title 3, United States Code, I hereby delegate to the Secretary of State, in co- ordination with the Secretary of the Treasury, the Sec- retary of Defense, and the Assistant to the President for National Security Affairs, the functions and au- thorities vested in the President by section 1294 of the [John S. McCain] National Defense Authorization Act for Fiscal Year 2019 (Public Law 115–232) [probably means 22 U.S.C. 9525(d), as added by section 1294(a) of Pub. L. 115–232]. The delegation in this memorandum shall apply to any provision of any future public law that is the same or substantially the same as the provision referenced in this memorandum. The Secretary of State is authorized and directed to publish this memorandum in the Federal Register. DONALD J. TRUMP. § 9526. Sanctions with respect to the develop- ment of pipelines in the Russian Federation (a) In general The President, in coordination with allies of the United States, may impose five or more of the sanctions described in section 9529 of this title with respect to a person if the President determines that the person knowingly, on or after August 2, 2017, makes an investment de- scribed in subsection (b) or sells, leases, or pro- vides to the Russian Federation, for the con- struction of Russian energy export pipelines, goods, services, technology, information, or sup- port described in subsection (c)— (1) any of which has a fair market value of $1,000,000 or more; or (2) that, during a 12-month period, have an aggregate fair market value of $5,000,000 or more. (b) Investment described An investment described in this subsection is an investment that directly and significantly contributes to the enhancement of the ability of the Russian Federation to construct energy ex- port pipelines. (c) Goods, services, technology, information, or support described Goods, services, technology, information, or support described in this subsection are goods, services, technology, information, or support that could directly and significantly facilitate the maintenance or expansion of the construc- tion, modernization, or repair of energy export pipelines by the Russian Federation. (Pub. L. 115–44, title II, § 232, Aug. 2, 2017, 131 Stat. 917.) Statutory Notes and Related Subsidiaries PROTECTING EUROPE’S ENERGY SECURITY Pub. L. 116–92, div. F, title LXXV, Dec. 20, 2019, 133 Stat. 2300, as amended by Pub. L. 116–283, div. A, title XII, § 1242(a)–(e), Jan. 1, 2021, 134 Stat. 3945–3947, pro- vided that: ‘‘SEC. 7501. SHORT TITLE. ‘‘This title may be cited as the ‘Protecting Europe’s Energy Security Act of 2019’. ‘‘SEC. 7502. SENSE OF CONGRESS. ‘‘It is the sense of Congress that— ‘‘(1) the United States and Europe share a common history, a common identity, and common values built upon the principles of democracy, rule of law, and in- dividual freedoms; ‘‘(2) the United States has encouraged and admired the European project, which has resulted in a com- mon market and common policies, has achieved un- precedented prosperity and stability on the con- tinent, and serves as a model for other countries to reform their institutions and prioritize anticorruption measures; ‘‘(3) the relationships between the United States and Europe and the United States and Germany are critical to the national security interests of the United States as well as to global prosperity and peace, and Germany in particular is a crucial partner for the United States in multilateral efforts aimed at promoting global prosperity and peace; ‘‘(4) the United States should stand against any ef- fort designed to weaken those relationships; and ‘‘(5) Germany has demonstrated leadership within the European Union and in international fora to en- sure that sanctions imposed with respect to the Rus- sian Federation for its malign activities are main- tained. ‘‘SEC. 7503. IMPOSITION OF SANCTIONS WITH RE- SPECT TO PROVISION OF CERTAIN VESSELS FOR THE CONSTRUCTION OF CERTAIN RUSSIAN ENERGY EXPORT PIPELINES. ‘‘(a) REPORT REQUIRED.— ‘‘(1) IN GENERAL.—Not later than 60 days after the date of the enactment of this Act [Dec. 20, 2019], and every 90 days thereafter, the Secretary of State, in consultation with the Secretary of the Treasury, shall submit to the appropriate congressional com- mittees a report that identifies, for the period speci- fied in paragraph (2)— ‘‘(A) vessels that engaged in pipe-laying or pipe- laying activities at depths of 100 feet or more below sea level for the construction of the Nord Stream 2 pipeline project, the TurkStream pipeline project, or any project that is a successor to either such project; ‘‘(B) foreign persons that the Secretary of State, in consultation with the Secretary of the Treasury, determines have knowingly— ‘‘(i) sold, leased, or provided, or facilitated sell- ing, leasing, or providing, those vessels for the construction of such a project; ‘‘(ii) facilitated deceptive or structured trans- actions to provide those vessels for the construc- tion of such a project; ‘‘(iii) provided for those vessels underwriting services or insurance or reinsurance necessary or essential for the completion of such a project; ‘‘(iv) provided services or facilities for tech- nology upgrades or installation of welding equip- ment for, or retrofitting or tethering of, those vessels if the services or facilities are necessary or essential for the completion of such a project; or ‘‘(v) provided services for the testing, inspec- tion, or certification necessary or essential for the completion or operation of the Nord Stream 2 pipeline; and ‘‘(C) the consultations carried out pursuant to subsection (i) and describes the nature of the con-