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Title 22 — Foreign Relations and Intercourse

Chapter 96A — Ukraine Freedom Support

§ 8924. Sanctions on Russian and other foreign financial institutions

Statutory text

(a)

Facilitation of certain defense- and energy-related transactions

The President shall impose, unless the President determines that it is not in the national interest of the United States to do so, the sanction described in subsection (c) with respect to a foreign financial institution that the President determines knowingly engages, on or after , in significant transactions involving activities described in subparagraph (A)(ii) or (B) of section 8923(a)(2) of this title or paragraph (1) or (3) of section 8923(b) of this title for persons with respect to which sanctions are imposed under section 8923 of this title.

(b)

Facilitation of financial transactions on behalf of specially designated nationals

The President shall impose, unless the President determines that it is not in the national interest of the United States to do so, the sanction described in subsection (c) with respect to a foreign financial institution if the President determines that the foreign financial institution has, on or after the date that is 30 days after , knowingly facilitated a significant financial transaction on behalf of any Russian person included on the list of specially designated nationals and blocked persons maintained by the Office of Foreign Assets Control of the Department of the Treasury, pursuant to—

(1)

this chapter;

(2)

Executive Order No. 13660 (79 Fed. Reg. 13,493), 13661 (79 Fed. Reg. 15,535), or 13662 (79 Fed. Reg. 16,169); or

(3)

any other Executive order addressing the crisis in Ukraine.

(c)

Sanction described

The sanction described in this subsection is, with respect to a foreign financial institution, a prohibition on the opening, and a prohibition or the imposition of strict conditions on the maintaining, in the United States of a correspondent account or a payable-through account by the foreign financial institution.

(d)

National security waiver

The President may waive the application of sanctions under this section with respect to a foreign financial institution if the President—

(1)

determines that the waiver is in the national security interest of the United States; and

(2)

submits to the appropriate congressional committees a report on the determination and the reasons for the determination.

(e)

Notification to Congress on imposition of sanctions

The President shall notify the appropriate congressional committees in writing not later than 15 days after imposing sanctions with respect to a foreign financial institution under subsection (a) or (b).

(f)

Implementation; penalties

(1)

Implementation

The President may exercise all authorities provided under sections 1702 and 1704 of title 50 to carry out the purposes of this section.

(2)

Penalties

The penalties provided for in subsections (b) and (c) of section 1705 of title 50 shall apply to a person that violates, attempts to violate, or conspires to violate, or causes a violation of, subsection (a) or (b) of this section, or an order or regulation prescribed under either such subsection, to the same extent that such penalties apply to a person that commits an unlawful act described in section 1705(a) of title 50.

(g)

Termination

This section, and sanctions imposed under this section, shall terminate on the date on which the President submits to the appropriate congressional committees the certification described in section 8923(i) of this title.

Legislative history

Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.

  1. Ukraine Freedom Support Act of 2014

    Pub. L. 113–272 § 5 · 128 Stat. 2952

    Enacted · 22 U.S.C. § 8924

    Pub. L. 113–272, § 5, Dec. 18, 2014, 128 Stat. 2958

    Source evidence

    Code source credit
    Pub. L. 113–272, § 5, Dec. 18, 2014, 128 Stat. 2958

    Enacted provision · exact public law section
    SEC. 5. SANCTIONS ON RUSSIAN AND OTHER FOREIGN FINANCIAL INSTITUTIONS. (a) Facilitation of Certain Defense- and Energy-Related Transactions.— The President may impose the sanction described in subsection (c) with respect to a foreign financial institution that the President determines knowingly engages, on or after the date of the enactment of this Act, in significant transactions involving activities described in subparagraph (A)(ii) or (B) of section 4(a)(2) or paragraph (1) or (3) of section 4(b) for persons with respect to which sanctions are imposed under section 4. (b) Facilitation of Financial Transactions on Behalf of Specially Designated Nationals.— The President may impose the sanction described in subsection (c) with respect to a foreign financial institution if the President determines that the foreign financial institution has, on or after the date that is 180 days after the date of the enactment of this Act, knowingly facilitated a significant financial transaction on behalf of any Russian person included on the list of specially designated nationals and blocked persons maintained by the Office of Foreign Assets Control of the Department of the Treasury, pursuant to— (1) this Act; (2) Executive Order No. 13660 (79 Fed. Reg. 13,493), 13661 (79 Fed. Reg. 15,535), or 13662 (79 Fed. Reg. 16,169); or (3) any other Executive order addressing the crisis in Ukraine. (c) Sanction Described.— The sanction described in this subsection is, with respect to a foreign financial institution, a prohibition on the opening, and a prohibition or the imposition of strict conditions on the maintaining, in the United States of a correspondent account or a payable-through account by the foreign financial institution. (d) National Security Waiver.— The President may waive the application of sanctions under this section with respect to a foreign financial institution if the President— (1) determines that the waiver is in the national security interest of the United States; and (2) submits to the appropriate congressional committees a report on the determination and the reasons for the determination. (e) Implementation; Penalties.— (1) Implementation.— The President may exercise all authorities provided under sections 203 and 205 of the International Emergency Economic Powers Act (50 U.S.C. 1702 and 1704) to carry out the purposes of this section. (2) Penalties.— The penalties provided for in subsections (b) and (c) of section 206 of the International Emergency Economic Powers Act (50 U.S.C. 1705) shall apply to a person that violates, attempts to violate, or conspires to violate, or causes a violation of, subsection (a) or (b) of this section, or an order or regulation prescribed under either such subsection, to the same extent that such penalties apply to a person that commits an unlawful act described in section 206(a) of the International Emergency Economic Powers Act. (f) Termination.— This section, and sanctions imposed under this section, shall terminate on the date on which the President submits to the appropriate congressional committees the certification described in section 4(h).

  2. Countering Russian Influence in Europe and Eurasia Act of 2017

    Pub. L. 115–44 § 226(1) · 131 Stat. 886

    1. Substituted · 22 U.S.C. § 8924(a)

      Pub. L. 115–44, § 226(1), substituted “shall impose, unless the President determines that it is not in the national interest of the United States to do so,” for “may impose”

    2. Substituted · 22 U.S.C. § 8924(a)

      Pub. L. 115–44, § 226(1), substituted “on or after August 2, 2017” for “on or after December 18, 2014”

    Source evidence

    Code amendment note
    Subsec. (a). Pub. L. 115–44, § 226(1), substituted “shall impose, unless the President determines that it is not in the national interest of the United States to do so,” for “may impose” and “on or after August 2, 2017” for “on or after December 18, 2014”.

    Enacted provision · exact public law section
    (1) in subsection (a)— (A) by striking “may impose” and inserting “shall impose, unless the President determines that it is not in the national interest of the United States to do so,”; and (B) by striking “on or after the date of the enactment of this Act” and inserting “on or after the date of the enactment of the Countering Russian Influence in Europe and Eurasia Act of 2017”; and

  3. Countering Russian Influence in Europe and Eurasia Act of 2017

    Pub. L. 115–44 § 226(2) · 131 Stat. 886

    1. Substituted · 22 U.S.C. § 8924(b)

      Pub. L. 115–44, § 226(2), in introductory provisions, substituted “shall impose, unless the President determines that it is not in the national interest of the United States to do so,” for “may impose”

    2. Substituted · 22 U.S.C. § 8924(b)

      Pub. L. 115–44, § 226(2), in introductory provisions, substituted “on or after the date that is 30 days after August 2, 2017” for “on or after the date that is 180 days after December 18, 2014”

    Source evidence

    Code amendment note
    Subsec. (b). Pub. L. 115–44, § 226(2), in introductory provisions, substituted “shall impose, unless the President determines that it is not in the national interest of the United States to do so,” for “may impose” and “on or after the date that is 30 days after August 2, 2017” for “on or after the date that is 180 days after December 18, 2014”.

    Enacted provision · exact public law section
    (2) in subsection (b)— (A) by striking “may impose” and inserting “shall impose, unless the President determines that it is not in the national interest of the United States to do so,”; and (B) by striking “on or after the date that is 180 days after the date of the enactment of this Act” and inserting “on or after the date that is 30 days after the date of the enactment of the Countering Russian Influence in Europe and Eurasia Act of 2017”.

  4. Countering Russian Influence in Europe and Eurasia Act of 2017

    Pub. L. 115–44 § 229(b)(1) · 131 Stat. 886

    1. Added · 22 U.S.C. § 8924(e); 22 U.S.C. § 8924(f)

      Pub. L. 115–44, § 229(b)(1), (2), added subsec. (e)

    2. Redesignated · 22 U.S.C. § 8924(e); 22 U.S.C. § 8924(f)

      Pub. L. 115–44, § 229(b)(1), (2), redesignated former subsec. (e) as (f). Former subsec. (f) redesignated (g)

    Source evidence

    Code amendment note
    Subsecs. (e), (f). Pub. L. 115–44, § 229(b)(1), (2), added subsec. (e) and redesignated former subsec. (e) as (f). Former subsec. (f) redesignated (g).

    Enacted provision · exact public law section
    (1) by redesignating subsections (e) and (f) as subsections (f) and (g), respectively;

  5. Countering Russian Influence in Europe and Eurasia Act of 2017

    Pub. L. 115–44 § 229(b)(1) · 131 Stat. 886

    1. Redesignated · 22 U.S.C. § 8924(g)

      Pub. L. 115–44, § 229(b)(1), (3), redesignated subsec. (f) as (g)

    2. Substituted · 22 U.S.C. § 8924(g)

      Pub. L. 115–44, § 229(b)(1), (3), substituted “section 8923(i)” for “section 8923(h)”

    Source evidence

    Code amendment note
    Subsec. (g). Pub. L. 115–44, § 229(b)(1), (3), redesignated subsec. (f) as (g) and substituted “section 8923(i)” for “section 8923(h)”.

    Enacted provision · exact public law section
    (1) by redesignating subsections (e) and (f) as subsections (f) and (g), respectively;

9 of 9 references resolved to an enrolled provision

Notes

Termination of Section

For termination of section, see subsection (g) of this section.

Editorial Notes

References in Text

Executive Order No. 13660, referred to in subsec. (b)(2), is Ex. Ord. No. 13660, , 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 subsec. (b)(2), is Ex. Ord. No. 13661, , 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 subsec. (b)(2), is Ex. Ord. No. 13662, , 79 F.R. 16169, which is listed in a table under section 1701 of Title 50, War and National Defense.

Amendments

2017—Subsec. (a). Pub. L. 115–44, § 226(1), substituted “shall impose, unless the President determines that it is not in the national interest of the United States to do so,” for “may impose” and “on or after ” for “on or after ”.

Subsec. (b). Pub. L. 115–44, § 226(2), in introductory provisions, substituted “shall impose, unless the President determines that it is not in the national interest of the United States to do so,” for “may impose” and “on or after the date that is 30 days after ” for “on or after the date that is 180 days after ”.

Subsecs. (e), (f). Pub. L. 115–44, § 229(b)(1), (2), added subsec. (e) and redesignated former subsec. (e) as (f). Former subsec. (f) redesignated (g).

Subsec. (g). Pub. L. 115–44, § 229(b)(1), (3), redesignated subsec. (f) as (g) and substituted “section 8923(i)” for “section 8923(h)”.

Credits

2014–2017 · 2 acts
  1. 2014Pub. L. 113–272, § 5, , 128 Stat. 2958
  2. 2017Pub. L. 115–44, title II, §§ 226, 229(b), , 131 Stat. 910, 915.
Show as published

(Pub. L. 113–272, § 5, , 128 Stat. 2958; Pub. L. 115–44, title II, §§ 226, 229(b), , 131 Stat. 910, 915.)

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