Federal · Title 22 — Foreign Relations and Intercourse

22 U.S.C. § 9525: Imposition of sanctions with respect to persons engaging in transactions with the intelligence or defense sectors of the Government of the Russian Federation

Civil

What this law says, in plain English

This statute authorizes the President to impose sanctions on persons who knowingly engage in significant transactions with Russian defense or intelligence sectors, with specified exceptions and waiver procedures available.

Read the full statutory text
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 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. is in the vital national security interests of the United States; or will further the enforcement of this chapter; and 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. 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. the waiver is in the national security interests of the United States; the Main Intelligence Agency of the General Staff of the Armed Forces of the Russian Federation; the Federal Security Service of the Russian Federation; the Foreign Intelligence Service of the Russian Federation; Autonomous Noncommercial Professional Organization/Professional Association of Designers of Data Processing (ANO PO KSI); the Special Technology Center; Zorsecurity; or to be part of, or operating for or on behalf of, the defense or intelligence sector of the Government of the Russian Federation; and has directly participated in or facilitated cyber intrusions by the Government of the Russian Federation; and endanger the integrity of any multilateral alliance of which the United States is a part; 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; 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 significantly increase the risk of compromising United States defense systems and operational capabilities; and 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 is cooperating with the United States Government on other security matters that are critical to United States strategic interests. The certification described in paragraph (1) shall be transmitted in an unclassified form, and may contain a classified annex. 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. 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 the extent to which the government with primary jurisdiction over the person is taking specific actions to further the enforcement of this title. 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. 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 to the same extent as a person that commits an unlawful act described in subsection (a) of that section. to deter aggression against North Atlantic Treaty Organization (NATO) allies by the Russian Federation or any other adversary; to continue to work with NATO allies to ensure they meet their alliance defense commitments, including through adequate and efficient investments in national defense; to work to maintain and strengthen the democratic institutions and practices of all NATO allies, in accordance with the goals of Article 2 of the North Atlantic Treaty; 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; to assist NATO allies in acquiring and deploying modern, NATO-interoperable military equipment and reducing their dependence on Russian or former Soviet-era defense articles; to promote opportunities to strengthen the capacity of NATO member states to counter Russian malign influence; and to enforce fully the Countering America’s Adversaries 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 defense or intelligence sectors of the Government of the Russian Federation, as described in section 231 of that Act ( 22 U.S.C. 9525 ). The acquisition by the Government of Turkey of the S–400 air defense system from the Russian Federation beginning on July 12, 2019 , constitutes a significant transaction as described in section 231 of the Countering America’s Adversaries Through Sanctions Act ( 22 U.S.C. 9525 ). 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 system referred to in subsection (b). Notwithstanding any other provision of this section, the authorities and requirements to impose sanctions under this section shall not include the authority or a requirement to impose sanctions on the importation of goods. In this subsection, the term ‘good’ means any article, natural or man-made substance, material, supply or manufactured product, including inspection and test equipment, and excluding technical data. the Government of Turkey and any person acting on its behalf no longer possesses the S–400 air defense system or a successor system; 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 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 Sanctions Act ( 22 U.S.C. 9525 ) to reacquire the S-400 air defense system or a successor system. the Committee on Foreign Relations and the Committee on Armed Services of the Senate; and the Committee on Foreign Affairs and the Committee on Armed Services of the House of Representatives.”

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