II 

118TH CONGRESS 

1ST SESSION S. 3359 

To authorize the seizure and forfeiture of assets of Russian kleptocrats, 

and for other purposes. 

IN THE SENATE OF THE UNITED STATES 

NOVEMBER 29, 2023 

Mr. WHITEHOUSE (for himself, Mr. GRAHAM, Mr. BLUMENTHAL, Mr. RISCH, 

and Mr. BENNET) introduced the following bill; which was read twice and 

referred to the Committee on the Judiciary 

A BILL 

To authorize the seizure and forfeiture of assets of Russian 

kleptocrats, 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 ‘‘Asset Seizure for 

5 Ukraine Reconstruction Act’’. 

6 SEC. 2. NATIONAL EMERGENCY DECLARATION RELATING 

7 TO HARMFUL ACTIVITIES OF RUSSIAN FED8 ERATION RELATING TO UKRAINE. 

9 The procedures under section 3 shall apply if the 

10 President— 


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1 (1) declares a national emergency under section 

2 201 of the National Emergencies Act (50 U.S.C. 

3 1621) with respect to actions of the Government of 

4 the Russian Federation or nationals of the Russian 

5 Federation that threaten the peace, security, sta6 bility, sovereignty, or territorial integrity of Ukraine; 

7 and 

8 (2) declares that the use of the procedures 

9 under section 3 are necessary as a response to the 

10 national emergency. 

11 SEC. 3. PROCEDURES. 

12 (a) NONJUDICIAL FORFEITURE.—Property may be 

13 forfeited through nonjudicial civil forfeiture under section 

14 609 of the Tariff Act of 1930 (19 U.S.C. 1609), without 

15 regard to limitation under section 607(a)(1) of that Act 

16 (19 U.S.C. 1607(a)(1)), if— 

17 (1) the President makes the declaration de18 scribed in section 2; and 

19 (2) the Attorney General, or a designee, makes 

20 the certification described in subsection (b) with re21 spect to the property. 

22 (b) CERTIFICATION.—After seizure of property and 

23 prior to forfeiture of the property under subsection (a), 

24 the Attorney General, or a designee, shall certify that, 

25 upon forfeiture, the property will be covered forfeited 


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1 property (as defined in section 1708(c) of the Additional 

2 Ukraine Supplemental Appropriations Act, 2023 (division 

3 M of Public Law 117–328; 136 Stat. 5200), as amended 

4 by this Act). 

5 SEC. 4. EXPANSION OF FORFEITED PROPERTY AVAILABLE 

6 TO REMEDIATE HARMS TO UKRAINE FROM 

7 RUSSIAN AGGRESSION. 

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

9 Ukraine Supplemental Appropriations Act, 2023 (division 

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

11 (1) in paragraph (2), by striking ‘‘which prop12 erty belonged’’ and all that follows and inserting the 

13 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 license, order, regulation, or prohibition im18 posed by the United States under the authority 

19 provided by the International Emergency Eco20 nomic Powers Act (50 U.S.C. 1701 et seq.) or 

21 any other provision of law, with respect to— 

22 ‘‘(i) the Russian Federation; or 

23 ‘‘(ii) actions or policies that under24 mine the democratic processes and institu25 tions in Ukraine or threaten the peace, seVerDate Sep 11 2014 03:11 Nov 30, 2023 Jkt 049200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\S3359.IS S3359

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1 curity, stability, sovereignty, or territorial 

2 integrity of Ukraine; 

3 ‘‘(B) was involved in an act in violation of 

4 or a conspiracy or scheme to violate— 

5 ‘‘(i) any license, order, regulation, or 

6 prohibition described in subparagraph (A); 

7 or 

8 ‘‘(ii) any restriction on the export, re9 export, or in-country transfer of items im10 posed by the United States under the Ex11 port Administration Regulations, or any 

12 restriction on the export, reexport, or re13 transfer of defense articles under the 

14 International Traffic in Arms Regulations 

15 under subchapter M of chapter I of title 

16 22, Code of Federal Regulations, with re17 spect to— 

18 ‘‘(I) the Russian Federation, 

19 Belarus, the Crimea region of 

20 Ukraine, or the so-called ‘Donetsk 

21 People’s Republic’ or ‘Luhansk Peo22 ple’s Republic’ regions of Ukraine; 

23 ‘‘(II) any person in any such 

24 country or region on a restricted par25 ties list; or 


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1 ‘‘(III) any person located in any 

2 other country that has been added to 

3 a restricted parties list in connection 

4 with the malign conduct of the Rus5 sian Federation in Ukraine, including 

6 the annexation of the Crimea region 

7 of Ukraine in March 2014 and the in8 vasion beginning in February 2022 of 

9 Ukraine, as substantially enabled by 

10 Belarus; or 

11 ‘‘(C) was involved in any related con12 spiracy, scheme, or other Federal offense aris13 ing from the actions of, or doing business with 

14 or acting on behalf of, the Russian Federation, 

15 Belarus, the Crimea region of Ukraine, or the 

16 so-called ‘Donetsk People’s Republic’ or 

17 ‘Luhansk People’s Republic’ regions of 

18 Ukraine.’’; and 

19 (2) by adding at the end the following: 

20 ‘‘(3) The term ‘Export Administration Regula21 tions’ has the meaning given that term in section 

22 1742 of the Export Control Reform Act of 2018 (50 

23 U.S.C. 4801). 


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1 ‘‘(4) The term ‘restricted parties list’ means 

2 any of the following lists maintained by the Bureau 

3 of Industry and Security: 

4 ‘‘(A) The Entity List set forth in Supple5 ment No. 4 to part 744 of the Export Adminis6 tration Regulations. 

7 ‘‘(B) The Denied Persons List maintained 

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

9 Administration Regulations. 

10 ‘‘(C) The Unverified List set forth in Sup11 plement No. 6 to part 744 of the Export Ad12 ministration Regulations.’’. 

13 (b) EXTENSION OF AUTHORITY.—Section 1708(d) of 

14 the Additional Ukraine Supplemental Appropriations Act, 

15 2023 is amended by striking ‘‘May 1, 2025’’ and inserting 

16 ‘‘the date that is 3 years after the date of the enactment 

17 of the Asset Seizure for Ukraine Reconstruction Act’’. 

18 SEC. 5. RULEMAKING. 

19 The Attorney General and the Secretary of the Treas20 ury may prescribe regulations to carry out this Act with21 out regard to the requirements of section 553 of title 5, 

22 United States Code. 


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1 SEC. 6. TERMINATION. 

2 (a) IN GENERAL.—The provisions of this Act shall 

3 terminate on the date that is 3 years after the date of 

4 the enactment of this Act. 

5 (b) SAVINGS PROVISION.—The termination of this 

6 Act under subsection (a) shall not— 

7 (1) terminate the applicability of the procedures 

8 under this Act to any property seized prior to the 

9 date of the termination under subsection (a); or 

10 (2) moot any legal action taken or pending legal 

11 proceeding not finally concluded or determined on 

12 that date. 

Æ 


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