Trump Expected to Approve Russian Sanctions

Congress cut a deal on Saturday regarding a sanctions package intended to respond to Russia’s alleged interference in the 2016 presidential election. Whether President Trump would eventually sign the sanctions bill was unknown. However, the White House signaled its that it will sign the bill on Sunday.

A version of the sanctions had passed the Senate last month, pushing the proposal to the House of Representatives.

Regarding the response to the Russian cyber security breaches, the Senate’s sanctions package requires the President to impose two types of sanctions within 60 days of passage.

First, the President must “impose 5 or more of the sanctions . . . with respect to any person that the President determines knowingly materially assists, sponsors, or provides financial, material, or technological support for, or goods or services (except financial services) in support of” an activity that qualifies as “knowingly engages in significant activities undermining cybersecurity against any person, including a democratic institution, or government on behalf of the Government of the Russian Federation.”

Second, the President must “impose 3 or more of the sanctions described in section 4(c) of the of the Ukraine Freedom Support Act of 2014 (22 U.S.C. 8923(c)) with respect to any person that the President determines knowingly provides financial services in support of an activity” that qualifies as “knowingly engages in significant activities undermining cybersecurity against any person, including a democratic institution, or government on behalf of the Government of the Russian Federation.”

Section 4(c) of the Ukraine Freedome Support Act of 2014 outlines nine types of sanctions:

(1) directing the Export-Import Bank “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) “prohibit[ing] the head of any executive agency . . . from entering into any contract for the procurement of any goods or services from the foreign person”;

(3) “prohibit[ing] 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”;

(4) “prohibit[ing] 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”;

(5) “prohibit[ing] 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) “prohibit[ing] 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) “prohibit[ing] 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 . . . or of longer than 90 days’ maturity of a foreign person with respect to which sanctions are imposed . . . ; 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) “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”; and

(9) “impos[ing] 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.”

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