II 

118TH CONGRESS 

2D SESSION S. 4438 

To expand the categories of forfeited property available to remediate harms 

to Ukraine from Russian aggression, and for other purposes. 

IN THE SENATE OF THE UNITED STATES 

JUNE 3, 2024 

Mr. MANCHIN (for himself and Mr. GRAHAM) introduced the following bill; 

which was read twice and referred to the Committee on Foreign Relations 

A BILL 

To expand the categories of forfeited property available to 

remediate harms to Ukraine from Russian aggression, 

and for other purposes. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Transferring Illicit As5 sets to Ukraine Act of 2024’’. 


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1 SEC. 2. EXPANSION OF FORFEITED PROPERTY AVAILABLE 

2 TO REMEDIATE HARMS TO UKRAINE FROM 

3 RUSSIAN AGGRESSION. 

4 (a) IN GENERAL.—Section 1708 of the Additional 

5 Ukraine Supplemental Appropriations Act, 2023 (division 

6 M of Public Law 117–328; 136 Stat. 5200) is amended— 

7 (1) in subsection (a), by inserting ‘‘from any 

8 forfeiture fund’’ after ‘‘The Attorney General may 

9 transfer’’; and 

10 (2) in subsection (c)— 

11 (A) in paragraph (2), by striking ‘‘which 

12 property belonged’’ and all that follows and in13 serting the following: ‘‘which property— 

14 ‘‘(A) belonged to, was possessed by, or was 

15 controlled by a person the property or interests 

16 in property of which were blocked pursuant to 

17 any covered legal authority; 

18 ‘‘(B) was involved in an act in violation of, 

19 or a conspiracy or scheme to violate or cause a 

20 violation of— 

21 ‘‘(i) any covered legal authority; or 

22 ‘‘(ii) any restriction on the export, re23 export, or in-country transfer of items im24 posed by the United States under the Ex25 port Administration Regulations, or any 

26 restriction on the export, reexport, or reVerDate Sep 11 2014 19:20 Jul 21, 2024 Jkt 049200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\S4438.IS S4438

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1 transfer of defense articles under the 

2 International Traffic in Arms Regulations 

3 under subchapter M of chapter I of title 

4 22, Code of Federal Regulations, with re5 spect to— 

6 ‘‘(I) the Russian Federation, 

7 Belarus, the Crimea region of 

8 Ukraine, or the so-called Donetsk and 

9 Luhansk People’s Republic regions of 

10 Ukraine; 

11 ‘‘(II) any person in any such 

12 country or region on a restricted par13 ties list; or 

14 ‘‘(III) any person located in any 

15 other country that has been added to 

16 a restricted parties list in connection 

17 with the malign conduct of the Rus18 sian Federation in Ukraine, including 

19 the annexation of the Crimea region 

20 of Ukraine in March 2014 and the in21 vasion beginning in February 2022 of 

22 Ukraine, as substantially enabled by 

23 Belarus; or 

24 ‘‘(C) was involved in any related con25 spiracy, scheme, or other Federal offense arisVerDate Sep 11 2014 19:20 Jul 21, 2024 Jkt 049200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\S4438.IS S4438

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1 ing from the actions of, or doing business with 

2 or acting on behalf of, the Russian Federation, 

3 Belarus, or the Crimea region of Ukraine, or 

4 the so-called Donetsk and Luhansk People’s 

5 Republic regions of Ukraine.’’; and 

6 (B) by adding at the end the following: 

7 ‘‘(3) The term ‘covered legal authority’ means 

8 any license, order, regulation, or prohibition imposed 

9 by the United States under the authority provided 

10 by the International Emergency Economic Powers 

11 Act (50 U.S.C. 1701 et seq.) or any other provision 

12 of law, with respect to— 

13 ‘‘(A) the Russian Federation; 

14 ‘‘(B) the national emergency— 

15 ‘‘(i) declared in Executive Order 

16 13660 (50 U.S.C. 1701 note; relating to 

17 blocking property of certain persons con18 tributing to the situation in Ukraine); 

19 ‘‘(ii) expanded by— 

20 ‘‘(I) Executive Order 13661 (50 

21 U.S.C. 1701 note; relating to blocking 

22 property of additional persons contrib23 uting to the situation in Ukraine); 

24 and 


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1 ‘‘(II) Executive Order 13662 (50 

2 U.S.C. 1701 note; relating to blocking 

3 property of additional persons contrib4 uting to the situation in Ukraine); 

5 and 

6 ‘‘(iii) relied on for additional steps 

7 taken in Executive Order 13685 (50 

8 U.S.C. 1701 note; relating to blocking 

9 property of certain persons and prohibiting 

10 certain transactions with respect to the 

11 Crimea region of Ukraine); 

12 ‘‘(C) the national emergency, as it relates 

13 to the Russian Federation— 

14 ‘‘(i) declared in Executive Order 

15 13694 (50 U.S.C. 1701 note; relating to 

16 blocking the property of certain persons 

17 engaging in significant malicious cyber-en18 abled activities); and 

19 ‘‘(ii) relied on for additional steps 

20 taken in Executive Order 13757 (50 

21 U.S.C. 1701 note; relating to taking addi22 tional steps to address the national emer23 gency with respect to significant malicious 

24 cyber-enabled activities); 

25 ‘‘(D) the national emergency— 


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1 ‘‘(i) declared in Executive Order 

2 14024 (50 U.S.C. 1701 note; relating to 

3 blocking property with respect to specified 

4 harmful foreign activities of the Govern5 ment of the Russian Federation); 

6 ‘‘(ii) expanded by Executive Order 

7 14066 (50 U.S.C. 1701 note; relating to 

8 prohibiting certain imports and new invest9 ments with respect to continued Russian 

10 Federation efforts to undermine the sov11 ereignty and territorial integrity of 

12 Ukraine); and 

13 ‘‘(iii) relied on for additional steps 

14 taken in— 

15 ‘‘(I) Executive Order 14039 (22 

16 U.S.C. 9526 note; relating to blocking 

17 property with respect to certain Rus18 sian energy export pipelines); 

19 ‘‘(II) Executive Order 14068 (50 

20 U.S.C. 1701 note; relating to prohib21 iting certain imports, exports, and 

22 new investment with respect to contin23 ued Russian Federation aggression); 

24 and 


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1 ‘‘(III) Executive Order 14071 

2 (50 U.S.C. 1701 note; relating to pro3 hibiting new investment in and certain 

4 services to the Russian Federation in 

5 response to continued Russian Fed6 eration aggression); and 

7 ‘‘(iv) which may be expanded or relied 

8 on in future Executive orders; or 

9 ‘‘(E) actions or policies that undermine the 

10 democratic processes and institutions in 

11 Ukraine or threaten the peace, security, sta12 bility, sovereignty, or territorial integrity of 

13 Ukraine. 

14 ‘‘(4) The term ‘Export Administration Regula15 tions’ has the meaning given that term in section 

16 1742 of the Export Control Reform Act of 2018 (50 

17 U.S.C. 4801). 

18 ‘‘(5) The term ‘restricted parties list’ means 

19 any of the following lists maintained by the Bureau 

20 of Industry and Security: 

21 ‘‘(A) The Entity List set forth in Supple22 ment No. 4 to part 744 of the Export Adminis23 tration Regulations. 


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1 ‘‘(B) The Denied Persons List maintained 

2 pursuant to section 764.3(a)(2) of the Export 

3 Administration Regulations. 

4 ‘‘(C) The Unverified List set forth in Sup5 plement No. 6 to part 744 of the Export Ad6 ministration Regulations.’’. 

7 (b) SEMIANNUAL REPORTS.—Such section is further 

8 amended— 

9 (1) by redesignating subsections (c) and (d) as 

10 subsections (d) and (e), respectively; and 

11 (2) by inserting after subsection (b) the fol12 lowing: 

13 ‘‘(c) Not later than 180 days after the date of the 

14 enactment of the Transferring Illicit Assets to Ukraine 

15 Act of 2024, and every 180 days thereafter, the Secretary 

16 of State, in consultation with the Attorney General and 

17 the Secretary of the Treasury, shall submit to the appro18 priate congressional committees a report on progress made 

19 in remediating the harms of Russian aggression toward 

20 Ukraine as a result of transfers made under subsection 

21 (a).’’. 

22 (c) PLAN REQUIRED.— 

23 (1) IN GENERAL.—Not later than 30 days after 

24 the date of the enactment of this Act, the Attorney 

25 General, in consultation with the Secretary of the 


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1 Treasury and the Secretary of State, shall submit to 

2 the appropriate congressional committees a plan for 

3 using the authority provided by section 1708 of the 

4 Additional Ukraine Supplemental Appropriations 

5 Act, 2023, as amended by this section. 

6 (2) APPROPRIATE CONGRESSIONAL COMMIT7 TEES DEFINED.—In this section, the term ‘‘appro8 priate congressional committees’’ has the meaning 

9 given that term by section 1708 of the Additional 

10 Ukraine Supplemental Appropriations Act, 2023, as 

11 amended by this section. 

Æ 


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