Protection of Civilians- “It is the sense of Congress that the Government of Ukraine should take all appropriate steps to protect civilians.” HR 5859. Pictured here: Dead civilian, killed by Ukrainian shelling in Sloviansk 2014.
Those who monitor Congress closely with respect to Russia may have noticed some movement on H.R. 5859 on December 6, 2015.
The Ukraine Freedom Support Act of 2014 (Received in Senate – RDS). Many people consider a type of economic war against Russia by the United States.
The reasons become clear when you begin to read the legislation:
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.Sec. 1. Short title; table of contents.SEC. 2. DEFINITIONS.
SEC. 3. STATEMENT OF POLICY REGARDING UKRAINE.It is the policy of the United States to further assist the Government of Ukraine in restoring its sovereignty and territorial integrity to deter the Government of the Russian Federation from further destabilizing and invading Ukraine and other independent countries in Central and Eastern Europe, the Caucasus, and Central Asia. That policy shall be carried into effect, among other things, through a comprehensive effort, in coordination with allies and partners of the United States where appropriate, that includes economic sanctions, diplomacy, assistance for the people of Ukraine, and the provision of military capabilities to the Government of Ukraine that will enhance the ability of that Government to defend itself and to restore its sovereignty and territorial integrity in the face of unlawful actions by the Government of the Russian Federation.
SEC. 4. SANCTIONS RELATING TO THE DEFENSE AND ENERGY SECTORS OF THE RUSSIAN FEDERATION.(a) Sanctions Relating to the Defense Sector-(1) ROSOBORONEXPORT- Except as provided in subsection (d), not later than 30 days after the date of the enactment of this Act, the President shall impose 3 or more of the sanctions described in subsection (c) with respect to Rosoboronexport.
(2) RUSSIAN PRODUCERS, TRANSFERORS, OR BROKERS OF DEFENSE ARTICLES- Except as provided in subsection (d), on and after the date that is 45 days after the date of the enactment of this Act, the President shall impose 3 or more of the sanctions described in subsection (c) with respect to a foreign person the President determines–(A) is an entity–(i) owned or controlled by the Government of the Russian Federation or owned or controlled by nationals of the Russian Federation; and(ii) that–(I) knowingly manufactures or sells defense articles transferred into Syria or into the territory of a specified country without the consent of the internationally recognized government of that country;(II) transfers defense articles into Syria or into the territory of a specified country without the consent of the internationally recognized government of that country; or(III) brokers or otherwise assists in the transfer of defense articles into Syria or into the territory of a specified country without the consent of the internationally recognized government of that country; or(B) knowingly, on or after the date of the enactment of this Act, assists, sponsors, or provides financial, material, or technological support for, or goods or services to or in support of, an entity described in subparagraph (A) with respect to an activity described in clause (ii) of that subparagraph.
(3) SPECIFIED COUNTRY DEFINED-(A) IN GENERAL- In this subsection, the term `specified country’ means–(i) Ukraine, Georgia, and Moldova; and(ii) any other country designated by the President as a country of significant concern for purposes of this subsection, such as Poland, Lithuania, Latvia, Estonia, and the Central Asia republics.(B) NOTICE TO CONGRESS- The President shall notify the appropriate congressional committees in writing not later than 15 days before–(i) designating a country as a country of significant concern under subparagraph (A)(ii); or(ii) terminating a designation under that subparagraph, including the termination of any such designation pursuant to subsection (h).(b) Sanctions Related to the Energy Sector-
(1) DEVELOPMENT OF SPECIAL RUSSIAN CRUDE OIL PROJECTS- Except as provided in subsection (d), on and after the date that is 45 days after the date of the enactment of this Act, the President may impose 3 or more of the sanctions described in subsection (c) with respect to a foreign person if the President determines that the foreign person knowingly makes a significant investment in a special Russian crude oil project.
(2) AUTHORIZATION FOR EXTENSION OF LICENSING LIMITATIONS ON CERTAIN EQUIPMENT- The President, through the Bureau of Industry and Security of the Department of Commerce or the Office of Foreign Assets Control of the Department of the Treasury, as appropriate, may impose additional licensing requirements for or other restrictions on the export or reexport of items for use in the energy sector of the Russian Federation, including equipment used for tertiary oil recovery.(3)
CONTINGENT SANCTION RELATING TO GAZPROM- If the President determines that Gazprom is withholding significant natural gas supplies from member countries of the North Atlantic Treaty Organization, or further withholds significant natural gas supplies from countries such as Ukraine, Georgia, or Moldova, the President shall, not later than 45 days after making that determination, impose the sanction described in subsection (c)(7) and at least one additional sanction described in subsection (c) with respect to Gazprom.(c) Sanctions Described- The sanctions the President may impose with respect to a foreign person under subsection (a) or (b) are the following:
(1) EXPORT-IMPORT BANK ASSISTANCE- The President may direct the Export-Import Bank of the United States not to approve the issuance of any guarantee, insurance, extension of credit, or participation in the extension of credit in connection with the export of any goods or services to the foreign person.
(2) PROCUREMENT SANCTION- The President may prohibit the head of any executive agency (as defined in section 133 of title 41, United States Code) from entering into any contract for the procurement of any goods or services from the foreign person.
(3) ARMS EXPORT PROHIBITION- The President may prohibit the exportation or provision by sale, lease or loan, grant, or other means, directly or indirectly, of any defense article or defense service to the foreign person and the issuance of any license or other approval to the foreign person under section 38 of the Arms Export Control Act (22 U.S.C. 2778).(4)
DUAL-USE EXPORT PROHIBITION- The President may prohibit the issuance of any license and suspend any license for the transfer to the foreign person of any item the export of which is controlled under the Export Administration Act of 1979 (50 U.S.C. App. 2401 et seq.) (as in effect pursuant to the International Emergency Economic Powers Act (50 U.S.C. 1701 et seq.)) or the Export Administration Regulations under subchapter C of chapter VII of title 15, Code of Federal Regulations.
(5) PROPERTY TRANSACTIONS- The President may, pursuant to such regulations as the President may prescribe, prohibit any person from–(A) acquiring, holding, withholding, using, transferring, withdrawing, transporting, or exporting any property that is subject to the jurisdiction of the United States and with respect to which the foreign person has any interest;(B) dealing in or exercising any right, power, or privilege with respect to such property; or(C) conducting any transaction involving such property.
(6) BANKING TRANSACTIONS- The President may, pursuant to such regulations as the President may prescribe, prohibit any transfers of credit or payments between financial institutions or by, through, or to any financial institution, to the extent that such transfers or payments are subject to the jurisdiction of the United States and involve any interest of the foreign person.
(7) PROHIBITION ON INVESTMENT IN EQUITY OR DEBT OF SANCTIONED PERSON- The President may, pursuant to such regulations as the President may prescribe, prohibit any United States person from transacting in, providing financing for, or otherwise dealing in–(A) debt–(i) of longer than 30 days’ maturity of a foreign person with respect to which sanctions are imposed under subsection (a) or of longer than 90 days’ maturity of a foreign person with respect to which sanctions are imposed under subsection (b); and(ii) issued on or after the date on which such sanctions are imposed with respect to the foreign person; or(B) equity of the foreign person issued on or after that date.
(8) EXCLUSION FROM THE UNITED STATES AND REVOCATION OF VISA OR OTHER DOCUMENTATION- In the case of a foreign person who is an individual, the President may direct the Secretary of State to deny a visa to, and the Secretary of Homeland Security to exclude from the United States, the foreign person, subject to regulatory exceptions to permit the United States to comply with the Agreement regarding the Headquarters of the United Nations, signed at Lake Success June 26, 1947, and entered into force November 21, 1947, between the United Nations and the United States, or other applicable international obligations.
(9) SANCTIONS ON PRINCIPAL EXECUTIVE OFFICERS- In the case of a foreign person that is an entity, the President may impose on the principal executive officer or officers of the foreign person, or on individuals performing similar functions and with similar authorities as such officer or officers, any of the sanctions described in this subsection applicable to individuals.(d) Exceptions-
(1) IMPORTATION OF GOODS-(A) IN GENERAL- The authority to block and prohibit all transactions in all property and interests in property under subsection (c)(5) shall not include the authority to impose sanctions on the importation of goods.(B) GOOD DEFINED- In this paragraph, the term `good’ has the meaning given that term in section 16 of the Export Administration Act of 1979 (50 U.S.C. App. 2415) (as continued in effect pursuant to the International Emergency Economic Powers Act (50 U.S.C. 1701 et seq.)).(2)
ADDITIONAL EXCEPTIONS- The President shall not be required to apply or maintain the sanctions under subsection (a) or (b)–(A) in the case of procurement of defense articles or defense services under existing contracts, subcontracts, or other business agreements, including ancillary or incidental contracts for goods, or for services or funding (including necessary financial services) associated with such goods, as necessary to give effect to such contracts, subcontracts, or other business agreements, and the exercise of options for production quantities to satisfy requirements essential to the national security of the United States–(i) if the President determines in writing that–(I) the foreign person to which the sanctions would otherwise be applied is a sole source supplier of the defense articles or services;(II) the defense articles or services are essential;(III) alternative sources are not readily or reasonably available; and(IV) the national interests of the United States would be adversely affected by the application or maintenance of such sanctions; or(ii) if the President determines in writing that–(I) such articles or services are essential to the national security under defense coproduction agreements; and(II) the national interests of the United States would be adversely affected by the application or maintenance of such sanctions;(B) in the case of procurement, to eligible products, as defined in section 308(4) of the Trade Agreements Act of 1979 (19 U.S.C. 2518(4)), of any foreign country or instrumentality designated under section 301(b)(1) of that Act (19 U.S.C. 2511(b)(1));(C) to products, technology, or services provided under contracts, subcontracts, or other business agreements (including ancillary or incidental contracts for goods, or for services or funding (including necessary financial services) associated with such goods, as necessary to give effect to such contracts, subcontracts, or other business agreements) entered into before the date on which the President publishes in the Federal Register the name of the foreign person with respect to which the sanctions are to be imposed;(D) to–(i) spare parts that are essential to United States products or production;(ii) component parts, but not finished products, essential to United States products or production; or(iii) routine servicing and maintenance of United States products, to the extent that alternative sources are not readily or reasonably available;(E) to information and technology essential to United States products or production; or(F) to food, medicine, medical devices, or agricultural commodities (as those terms are defined in section 101 of the Comprehensive Iran Sanctions, Accountability, and Divestment Act of 2010 (22 U.S.C. 8511)). (e) National Security Waiver-(1) IN GENERAL- The President may waive the application of sanctions under subsection (a) or (b) with respect to a foreign person if the President–(A) determines that the waiver is in the national security interest of the United States; and(B) submits to the appropriate congressional committees a report on the determination and the reasons for the determination.(2) FORM OF REPORT- The report required by paragraph (1)(B) shall be submitted in unclassified form, but may include a classified annex.(f) Transaction-specific National Security Waiver-(1) IN GENERAL- The President may waive the application of sanctions under subsection (a) or (b) with respect to a specific transaction if the President–(A) determines that the transaction is in the national security interest of the United States; and(B) submits to the appropriate congressional committees a detailed report on the determination and the specific reasons for the determination that a waiver with respect to the transaction is necessary and appropriate.(2) FORM OF REPORT- The report required by paragraph (1)(B) shall be submitted in unclassified form, but may include a classified annex.(g) 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.(h) Termination-(1) IN GENERAL- Except as provided in paragraph (2), this section, and sanctions imposed under this section, shall terminate on the date on which the President submits to the appropriate congressional committees a certification that the Government of the Russian Federation has ceased ordering, controlling, or otherwise directing, supporting, or financing, significant acts intended to undermine the peace, security, stability, sovereignty, or territorial integrity of Ukraine, including through an agreement between the appropriate parties.(2)
APPLICABILITY WITH RESPECT TO SYRIA- The termination date under paragraph (1) shall not apply with respect to the provisions of subsection (a) relating to the transfer of defense articles into Syria or sanctions imposed pursuant to such provisions.
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).
SEC. 6. INCREASED MILITARY ASSISTANCE FOR THE GOVERNMENT OF UKRAINE.(a) In General- The President is authorized to provide defense articles, defense services, and training to the Government of Ukraine for the purpose of countering offensive weapons and reestablishing the sovereignty and territorial integrity of Ukraine, including anti-tank and anti-armor weapons, crew weapons and ammunition, counter-artillery radars to identify and target artillery batteries, fire control, range finder, and optical and guidance and control equipment, tactical troop-operated surveillance drones, and secure command and communications equipment, pursuant to the provisions of the Arms Export Control Act (22 U.S.C. 2751 et seq.), the Foreign Assistance Act of 1961 (22 U.S.C. 2151 et seq.), and other relevant provisions of law.(b) Report Required- Not later than 60 days after the date of the enactment of this Act, the President shall submit a report detailing the anticipated defense articles, defense services, and training to be provided pursuant to this section and a timeline for the provision of such defense articles, defense services, and training, to–(1) the Committee on Foreign Relations, the Committee on Appropriations, and the Committee on Armed Services of the Senate; and(2) the Committee on Foreign Affairs, the Committee on Appropriations, and the Committee on Armed Services of the House of Representatives.(c) Authorization of Appropriations-
(1) IN GENERAL- There are authorized to be appropriated to the Secretary of State $100,000,000 for fiscal year 2015, $125,000,000 for fiscal year 2016, and $125,000,000 for fiscal year 2017 to carry out activities under this section.
(2) AVAILABILITY OF AMOUNTS- Amounts authorized to be appropriated pursuant to paragraph (1) shall remain available for obligation and expenditure through the end of fiscal year 2018.(d) Authority for the Use of Funds- The funds made available pursuant to subsection (c) for provision of defense articles, defense services, and training may be used to procure such articles, services, and training from the United States Government or other appropriate sources.(e) Protection of Civilians- It is the sense of Congress that the Government of Ukraine should take all appropriate steps to protect civilians.
SEC. 7. EXPANDED NONMILITARY ASSISTANCE FOR UKRAINE.(a) Assistance to Internally Displaced People in Ukraine-
(1) IN GENERAL- Not later than 30 days after the date of the enactment of this Act, the Secretary of State shall submit a plan, including actions by the United States Government, other governments, and international organizations, to meet the need for protection of and assistance for internally displaced persons in Ukraine, to–(A) the Committee on Foreign Relations, the Committee on Appropriations, and the Committee on Energy and Natural Resources of the Senate; and(B) the Committee on Foreign Affairs, the Committee on Appropriations, and the Committee on Energy and Commerce of the House of Representatives.
(2) ELEMENTS- The plan required by paragraph (1) should include, as appropriate, activities in support of–(A) helping to establish a functional and adequately resourced central registration system in Ukraine that can ensure coordination of efforts to provide assistance to internally displaced persons in different regions;(B) encouraging adoption of legislation in Ukraine that protects internally displaced persons from discrimination based on their status and provides simplified procedures for obtaining the new residency registration or other official documentation that is a prerequisite to receiving appropriate social payments under the laws of Ukraine, such as pensions and disability, child, and unemployment benefits; and(C) helping to ensure that information is available to internally displaced persons about–(i) government agencies and independent groups that can provide assistance to such persons in various regions; and(ii) evacuation assistance available to persons seeking to flee armed conflict areas.
(3) ASSISTANCE THROUGH INTERNATIONAL ORGANIZATIONS- The President shall instruct the United States permanent representative or executive director, as the case may be, to the relevant United Nations voluntary agencies, including the United Nations High Commissioner for Refugees and the United Nations Office for the Coordination of Humanitarian Affairs, and other appropriate international organizations, to use the voice and vote of the United States to support appropriate assistance for internally displaced persons in Ukraine.(b) Assistance to the Defense Sector of Ukraine- The Secretary of State and the Secretary of Defense should assist entities in the defense sector of Ukraine to reorient exports away from customers in the Russian Federation and to find appropriate alternative markets for those entities in the defense sector of Ukraine that have already significantly reduced exports to and cooperation with entities in the defense sector of the Russian Federation.(c) Assistance To Address the Energy Crisis in Ukraine-(1)
EMERGENCY ENERGY ASSISTANCE-(A) PLAN REQUIRED-
(4) SUPPORT BY THE WORLD BANK GROUP AND THE EUROPEAN BANK FOR RECONSTRUCTION AND DEVELOPMENT-
SEC. 8. EXPANDED BROADCASTING IN COUNTRIES OF THE FORMER SOVIET UNION.
SEC. 9. SUPPORT FOR RUSSIAN DEMOCRACY AND CIVIL SOCIETY ORGANIZATIONS.
SEC. 10. REPORT ON NON-COMPLIANCE BY THE RUSSIAN FEDERATION OF ITS OBLIGATIONS UNDER THE INF TREATY.
Source: Congressional Record
See related video: A new cold war https://www.youtube.com/watch?v=AYuBUn-fQoM
See Putin reacts to US sanctions https://www.youtube.com/watch?v=JBSzJ2wzb0s