22 U.S.C. § 9522 — Codification of sanctions relating to the

Page 2251 TITLE 22—FOREIGN RELATIONS AND INTERCOURSE § 9522 sanctions shall be imposed pursuant to sections 224(a)(2), 224(a)(3), 231(a), 232(a), or 233(a) of CAATSA or sections 4(a) or 4(b) of UFSA and on whom the Presi- dent, the Secretary of State, or the Secretary of the Treasury has imposed any of the sanctions in section 235 of CAATSA or section 4(c) of UFSA. SEC. 8. 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 with respect to such property or interests in property pursuant to this order would render those measures ineffectual. I there- fore determine that for these measures to be effective in addressing the national emergencies declared in Ex- ecutive Orders 13660 and 13694, there need be no prior notice of an action taken pursuant to this order with respect to such property or interests in property. SEC. 9. The unrestricted immigrant and non- immigrant entry into the United States of aliens on whom sanctions described in sections 1(a)(iv) or 3(a)(i) of this order have been imposed would be detrimental to the interests of the United States, and the entry of such persons into the United States, as immigrants or nonimmigrants, is hereby suspended. Such persons shall be treated as persons covered by section 1 of Proc- lamation 8693. SEC. 10. The Secretary of the Treasury, in consulta- tion with the Secretary of State, is hereby authorized to take such actions, including the promulgation of rules and regulations, and to employ all powers granted to the President by IEEPA, and sections 224(a)(2), 224(a)(3), 231(a), 231(e), 232(a), 233(a), and 235 of CAATSA and sections 4(a)–(c) and 4(h) of UFSA with respect to powers to impose sanctions, as may be necessary to carry out the purposes of this order. The Secretary of the Treasury may, consistent with applicable law, re- delegate any of these functions within the Department of the Treasury. All departments and agencies of the United States Government shall take all appropriate measures within their authority to carry out the provi- sions of this order. SEC. 11. (a) Nothing in this order shall be construed to impair or otherwise affect: (i) the authority granted by law to an executive de- partment or agency, or the head thereof; or (ii) the functions of the Director of the Office of Man- agement and Budget relating to budgetary, administra- tive, or legislative proposals. (b) This order shall be implemented consistent with applicable law and subject to the availability of appro- priations. (c) This order is not intended to, and does not, create any right or benefit, substantive or procedural, enforce- able at law or in equity by any party against the United States, its departments, agencies, or entities, its officers, employees, or agents, or any other person. DONALD J. TRUMP. § 9522. Codification of sanctions relating to the Russian Federation (a) Codification United States sanctions provided for in Execu- tive Order No. 13660 (79 Fed. Reg. 13493; relating to blocking property of certain persons contrib- uting to the situation in Ukraine), Executive Order No. 13661 (79 Fed. Reg. 15535; relating to blocking property of additional persons contrib- uting to the situation in Ukraine), Executive Order No. 13662 (79 Fed. Reg. 16169; relating to blocking property of additional persons contrib- uting to the situation in Ukraine), Executive Order No. 13685 (79 Fed. Reg. 77357; relating to blocking property of certain persons and prohib- iting certain transactions with respect to the Crimea region of Ukraine), Executive Order No. 13694 (80 Fed. Reg. 18077; relating to blocking the property of certain persons engaging in signifi- cant malicious cyber-enabled activities), and Executive Order No. 13757 (82 Fed. Reg. 1; relat- ing to taking additional steps to address the na- tional emergency with respect to significant malicious cyber-enabled activities), as in effect on the day before August 2, 2017, including with respect to all persons sanctioned under such Ex- ecutive orders, shall remain in effect except as provided in subsection (b). (b) Termination of certain sanctions Subject to section 9511 of this title, the Presi- dent may terminate the application of sanctions described in subsection (a) that are imposed on a person in connection with activity conducted by the person if the President submits to the ap- propriate congressional committees a notice that— (1) the person is not engaging in the activity that was the basis for the sanctions or has taken significant verifiable steps toward stop- ping the activity; and (2) the President has received reliable assur- ances that the person will not knowingly en- gage in activity subject to sanctions described in subsection (a) in the future. (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 under Executive Order No. 13694 or 13757 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) Application of new Ukraine-related sanctions The President may waive the initial applica- tion under subsection (a) of sanctions with re- spect to a person under Executive Order No. 13660, 13661, 13662, or 13685 only if the President submits to the appropriate congressional com- mittees— (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 is taking steps to im- plement 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 Ger- many, the Minsk Protocol, which was agreed to on September 5, 2014, and any successor agreements that are agreed to by the Govern- ment of Ukraine. (Pub. L. 115–44, title II, § 222, Aug. 2, 2017, 131 Stat. 906.) Page 2252 TITLE 22—FOREIGN RELATIONS AND INTERCOURSE § 9523 Editorial Notes REFERENCES IN TEXT Executive Order No. 13660, referred to in subsecs. (a) and (d), is Ex. Ord. No. 13660, Mar. 6, 2014, 79 F.R. 13493, which is listed in a table under section 1701 of Title 50, War and National Defense. Executive Order No. 13661, referred to in subsecs. (a) and (d), is Ex. Ord. No. 13661, Mar. 16, 2014, 79 F.R. 15535, which is listed in a table under section 1701 of Title 50, War and National Defense. Executive Order No. 13662, referred to in subsecs. (a) and (d), 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. Executive Order No. 13685, referred to in subsecs. (a) and (d), is Ex. Ord. No. 13685, Dec. 19, 2014, 79 F.R. 77357, which is listed in a table under section 1701 of Title 50, War and National Defense. Executive Order No. 13694, referred to in subsecs. (a) and (c), is Ex. Ord. No. 13694, Apr. 1, 2015, 80 F.R. 18077, which is listed in a table under section 1701 of Title 50, War and National Defense. Executive Order No. 13757, referred to in subsecs. (a) and (c), is Ex. Ord. No. 13757, Dec. 28, 2016, 82 F.R. 1. Sections 1 to 3 of the Order amended Ex. Ord. No. 13694, which is listed in a table under section 1701 of Title 50, War and National Defense. This chapter, referred to in subsecs. (c)(1)(B) and (d)(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 Pub. L. 115–44, set out as a Short Title note under sec- tion 9501 of this title and Tables. Statutory Notes and Related Subsidiaries ISOLATE RUSSIAN GOVERNMENT OFFICIALS ACT OF 2022 Pub. L. 117–263, div. E, title LVII, § 5704, Dec. 23, 2022, 136 Stat. 3411, provided that: ‘‘(a) STATEMENT OF POLICY.—It is the policy of the United States to seek to exclude government officials of the Russian Federation, to the maximum extent practicable, from participation in meetings, pro- ceedings, and other activities of the following organiza- tions: ‘‘(1) Group of 20. ‘‘(2) Bank for International Settlements. ‘‘(3) Basel Committee for Banking Standards. ‘‘(4) Financial Stability Board. ‘‘(5) International Association of Insurance Super- visors. ‘‘(6) International Organization of Securities Com- missions. ‘‘(b) IMPLEMENTATION.—The Secretary of the Treas- ury, the Board of Governors of the Federal Reserve System, and the Securities and Exchange Commission, as the case may be, shall take all necessary steps to ad- vance the policy set forth in subsection (a). ‘‘(c) TERMINATION.—This section shall have no force or effect on the earlier of— ‘‘(1) the date that is 5 years after the date of the en- actment of this Act [Dec. 23, 2022]; or ‘‘(2) the date that is 30 days after the date on which the President reports to Congress that the Govern- ment of the Russian Federation has ceased its desta- bilizing activities with respect to the sovereignty and territorial integrity of Ukraine. ‘‘(d) WAIVER.—The President may waive the applica- tion of this section if the President reports to the Con- gress that the waiver is in the national interest of the United States and includes an explanation of the rea- sons therefor.’’ § 9523. Modification of implementation of Execu- tive Order No. 13662 (a) Determination that certain entities are sub- ject 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 Direc- tive 1 (as amended), dated September 12, 2014, issued by the Office of Foreign Assets Control under Executive Order No. 13662, or any suc- cessor directive (which shall be effective begin- ning 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 trans- actions in, provision of financing for, and other dealings in new debt of longer than 14 days ma- turity 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 Direc- tive 2 (as amended), dated September 12, 2014, issued by the Office of Foreign Assets Control under Executive Order No. 13662, or any suc- cessor directive (which shall be effective begin- ning 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 trans- actions in, provision of financing for, and other dealings in new debt of longer than 60 days ma- turity of persons determined to be subject to the directive, their property, or their interests in property. (d) Modification of Directive 4 Not later than 90 days after August 2, 2017, the Secretary of the Treasury shall modify Direc- tive 4, dated September 12, 2014, issued by the Office of Foreign Assets Control under Execu- tive Order No. 13662, or any successor directive (which shall be effective beginning on the date that is 90 days after the date of such modifica- tion), to ensure that the directive prohibits the provision, exportation, or reexportation, di- rectly or indirectly, by United States persons or persons within the United States, of goods, serv- ices (except for financial services), or tech- nology in support of exploration or production for new deepwater, Arctic offshore, or shale projects— (1) that have the potential to produce oil; and (2) that involve any person determined to be subject to the directive or the property or in- terests in property of such a person who has a controlling interest or a substantial non-con- trolling ownership interest in such a project defined as not less than a 33 percent interest. (Pub. L. 115–44, title II, § 223, Aug. 2, 2017, 131 Stat. 907.)