I 

113TH CONGRESS 

2D SESSION H. R. 4278 

To support the independence, sovereignty, and territorial integrity of Ukraine, 

and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

MARCH 21, 2014 

Mr. ROYCE (for himself and Mr. ENGEL) introduced the following bill; which 

was referred to the Committee on Foreign Affairs, and in addition to the 

Committee on the Judiciary, for a period to be subsequently determined 

by the Speaker, in each case for consideration of such provisions as fall 

within the jurisdiction of the committee concerned 

A BILL 

To support the independence, sovereignty, and territorial 

integrity of Ukraine, 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 AND TABLE OF CONTENTS. 

4 (a) SHORT TITLE.—This Act may be cited as the 

5 ‘‘Ukraine Support Act’’. 

6 (b) TABLE OF CONTENTS.—The table of contents for 

7 this Act is as follows: 

Sec. 1. Short title and table of contents. 

Sec. 2. United States policy. 

TITLE I—ASSISTANCE PROVISIONS 


smartinez on DSK6TPTVN1PROD with BILLS
2 

•HR 4278 IH

Sec. 101. Support for democratic governance and civil society in Ukraine. 

Sec. 102. Economic reform in Ukraine. 

Sec. 103. United States international programming to Ukraine and neighboring 

regions. 

Sec. 104. Overseas Private Investment Corporation. 

Sec. 105. Enhanced assistance for law enforcement in Ukraine. 

Sec. 106. Enhanced security cooperation among Central and Eastern European 

NATO member states. 

Sec. 107. United States-Ukraine security assistance. 

Sec. 108. Recovery of assets linked to corruption in Ukraine. 

Sec. 109. European Bank for Reconstruction and Development. 

TITLE II—SANCTIONS PROVISIONS 

Sec. 201. Continuation in effect of sanctions with respect to the blocking of certain persons contributing to the situation in Ukraine. 

Sec. 202. Imposition of additional sanctions on persons responsible for violence 

or who undermine the independence, sovereignty, or territorial 

or economic integrity of Ukraine. 

Sec. 203. Report on certain foreign financial institutions. 

Sec. 204. Amendment to the Iran, North Korea, and Syria Nonproliferation 

Act. 

Sec. 205. Sense of Congress on human rights in the Russian Federation. 

Sec. 206. Certification described and submission to Congress. 

Sec. 207. Appropriate congressional committees defined. 

1 SEC. 2. UNITED STATES POLICY. 

2 It is the policy of the United States— 

3 (1) to support the right of the people of 

4 Ukraine to freely determine their future, including 

5 their country’s relationship with other nations and 

6 international organizations, without interference, in7 timidation, or coercion by other countries; 

8 (2) to support the people of Ukraine in their 

9 desire to address endemic corruption, consolidate de10 mocracy, and achieve sustained prosperity; 

11 (3) to support the efforts of the Government of 

12 Ukraine to bring to justice those responsible for the 

13 acts of violence against peaceful protestors and other 


smartinez on DSK6TPTVN1PROD with BILLS
3 

•HR 4278 IH

1 unprovoked acts of violence related to the anti-gov2 ernment protests that began on November 21, 2013; 

3 (4) to support the efforts of the Government of 

4 Ukraine to recover and return to the Ukrainian 

5 state funds stolen by former President Yanukovych, 

6 his family, and other current and former members 

7 of the Ukrainian government, along with others le8 gitimately charged by government authorities with 

9 similar offenses; 

10 (5) to assist the Government of Ukraine in 

11 preparations for the presidential election scheduled 

12 for May 25, 2014, and to participate in efforts to 

13 ensure that this election is conducted in accordance 

14 with international standards; 

15 (6) to promote democratic values, transparent 

16 and accountable government institutions, and ad17 vance United States national security interests 

18 through United States international broadcasting, 

19 including the Voice of America and Radio Free Eu20 rope/Radio Liberty (RFE/RL), Incorporated; 

21 (7) to support needed economic structural re22 forms in Ukraine, including in the fiscal, energy, 

23 pension, and banking sectors, among others; 

24 (8) to support energy diversification initiatives 

25 to reduce Russian control of energy supplies to 


smartinez on DSK6TPTVN1PROD with BILLS
4 

•HR 4278 IH

1 Ukraine and other European countries, including 

2 United States promotion of increased natural gas ex3 ports and energy efficiency; 

4 (9) to condemn the armed intervention of the 

5 Russian Federation in Ukraine, including its con6 tinuing political, economic, and military aggression 

7 against that country; 

8 (10) to work with United States allies and part9 ners in Europe and around the world, including at 

10 the United Nations, to ensure that all nations refuse 

11 to recognize the illegal annexation of Crimea by the 

12 Russian Federation and reaffirm the independence, 

13 sovereignty, and territorial integrity of Ukraine; 

14 (11) to refuse to recognize the legitimacy of the 

15 illegal referendum in Crimea on March 16, 2014, on 

16 the status of that region of Ukraine, which was held 

17 under conditions of occupation and coercion by Rus18 sian forces; 

19 (12) to support the deployment of international 

20 monitors to Ukraine to assess the current status of 

21 its territorial integrity and the safety of all people in 

22 Ukraine; 

23 (13) to encourage the Government of Ukraine 

24 to continue to respect and protect the rights of all 

25 ethnic, religious, and linguistic minorities; 


smartinez on DSK6TPTVN1PROD with BILLS
5 

•HR 4278 IH

1 (14) to call on all Ukrainians to respect the le2 gitimate government authorities, as well as all 

3 Ukrainian laws and the Constitution of Ukraine in 

4 all regions of Ukraine, including Crimea; and 

5 (15) to honor and abide by its commitments un6 dertaken pursuant to Article 5 of the North Atlantic 

7 Treaty, signed at Washington, District of Columbia, 

8 on April 4, 1949, and entered into force on August 

9 24, 1949. 

10 TITLE I—ASSISTANCE 

11 PROVISIONS 

12 SEC. 101. SUPPORT FOR DEMOCRATIC GOVERNANCE AND 

13 CIVIL SOCIETY IN UKRAINE. 

14 (a) IN GENERAL.—The President is authorized and 

15 encouraged to provide assistance to support democracy 

16 and civil society in Ukraine by undertaking the activities 

17 described in subsection (b). 

18 (b) ACTIVITIES DESCRIBED.—The activities de19 scribed in this subsection are— 

20 (1) improving democratic governance, trans21 parency, accountability, rule of law, and anti-corrup22 tion efforts; 

23 (2) supporting Ukrainian efforts to foster 

24 greater unity among people and regions of the counVerDate Mar 15 2010 00:08 Mar 22, 2014 Jkt 039200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\H4278.IH H4278

smartinez on DSK6TPTVN1PROD with BILLS
6 

•HR 4278 IH

1 try, combat anti-Semitism and promote respect for 

2 religious freedom; 

3 (3) supporting the people and Government of 

4 Ukraine in preparing to conduct and participate in 

5 free and fair elections, including through domestic 

6 and international election monitoring; 

7 (4) assisting Ukraine in diversifying its econ8 omy, trade, and energy supplies, including at the na9 tional, regional, and local levels; 

10 (5) strengthening democratic institutions and 

11 political and civil society organizations; and 

12 (6) expanding free and unfettered access to 

13 independent media of all kinds in Ukraine and as14 sisting with the protection of journalists and civil so15 ciety activists who have been targeted for free speech 

16 activities. 

17 (c) AVAILABILITY OF FUNDS.—Of amounts made 

18 available to carry out the Foreign Assistance Act of 1961 

19 (22 U.S.C. 2151 et seq.) for fiscal year 2014, $50,000,000 

20 is authorized to be appropriated to carry out this section. 

21 SEC. 102. ECONOMIC REFORM IN UKRAINE. 

22 (a) FINDINGS.—Congress finds the following: 

23 (1) The Ukrainian economy is weak and vulner24 able, as evidenced by short-term debt interest rates 

25 as high as 15 percent, a high proportion of foreign 


smartinez on DSK6TPTVN1PROD with BILLS
7 

•HR 4278 IH

1 exchange-denominated government debt that will 

2 mature in 2014 and 2015, a banking sector with 

3 non-performing loans at the high level of 14 percent, 

4 a financing gap which the Government of Ukraine 

5 has estimated will amount to $35 billion over the 

6 next two years, and a large underground economy. 

7 This economic condition undermines democratic 

8 prospects in Ukraine. 

9 (2) Years of poor economic management and 

10 performance have undermined and may continue to 

11 undermine political stability and unity within 

12 Ukraine. 

13 (3) On March 6, 2014, the House of Represent14 atives passed H.R. 4152, to redirect previously ap15 propriated funds to cover the cost of roughly $1 bil16 lion in loan guarantees for Ukraine. 

17 (b) STATEMENT OF POLICY.—It shall be the policy 

18 of the United States to work with other countries and 

19 international institutions to stabilize the Ukrainian econ20 omy, while promoting critically needed structural economic 

21 reforms in Ukraine, including— 

22 (1) cutting the massive natural gas subsidies 

23 that have led to market inefficiencies; 

24 (2) reducing the bloated public sector; 


smartinez on DSK6TPTVN1PROD with BILLS
8 

•HR 4278 IH

1 (3) maintaining a market-determined exchange 

2 rate; 

3 (4) strengthening the vulnerable banking sector; 

4 and 

5 (5) reducing corruption. 

6 (c) SENSE OF CONGRESS.—It is the sense of Con7 gress that loan guarantees provided by the United States 

8 for Ukraine should be used to promote government, bank9 ing and energy sector reform, and anti-corruption efforts 

10 in Ukraine. 

11 SEC. 103. UNITED STATES INTERNATIONAL PROGRAMMING 

12 TO UKRAINE AND NEIGHBORING REGIONS. 

13 (a) FINDINGS AND DECLARATIONS.—Congress finds 

14 and declares the following: 

15 (1) The Russian Government has deliberately 

16 blocked the Ukrainian people’s access to uncensored 

17 sources of information and has provided alternative 

18 news and information that is both inaccurate and in19 flammatory. 

20 (2) United States international programming 

21 exists to advance the United States interests and 

22 values by presenting accurate and comprehensive 

23 news and information, which is the foundation for 

24 democratic governance. 


smartinez on DSK6TPTVN1PROD with BILLS
9 

•HR 4278 IH

1 (3) The opinions and views of the Ukrainian 

2 people, especially those people located in the eastern 

3 regions and Crimea, are not being accurately rep4 resented in Russian dominated mass media. 

5 (4) Russian forces have seized more than five 

6 television stations in Crimea and taken over trans7 missions, switching to a 24/7 Russian propaganda 

8 format; this increase in programming augments the 

9 already robust pro-Russian programming to 

10 Ukraine. 

11 (5) United States international programming 

12 has the potential to combat this anti-democratic 

13 propaganda. 

14 (b) PROGRAMMING.—Radio Free Europe/Radio Lib15 erty (RFE/RL), Incorporated, and the Voice of America 

16 service to Ukraine and neighboring regions shall— 

17 (1) provide news and information that is acces18 sible, credible, and accurate; 

19 (2) emphasize investigative and analytical jour20 nalism to highlight inconsistencies and misinforma21 tion provided by Russian or pro-Russian media out22 lets; 

23 (3) prioritize programming to areas where ac24 cess to uncensored sources of information is limited 


smartinez on DSK6TPTVN1PROD with BILLS
10 

•HR 4278 IH

1 or non-existent, especially populations serviced by 

2 Russian supported media outlets; 

3 (4) increase the number of reporters and orga4 nizational presence in eastern Ukraine, especially in 

5 Crimea; 

6 (5) promote democratic processes, respect for 

7 human rights, freedom of the press, and territorial 

8 sovereignty; and 

9 (6) take necessary preparatory steps to con10 tinue and increase programming and content serv11 ices to Russia. 

12 (c) PROGRAMMING SURGE.—RFE/RL, Incorporated, 

13 and Voice of America programming to Ukraine and neigh14 boring regions shall— 

15 (1) prioritize programming to eastern Ukraine, 

16 including Crimea, and to ethnic and linguistic Rus17 sian populations, as well as Tatar minorities; 

18 (2) prioritize news and information that directly 

19 contributes to the target audiences’ understanding of 

20 political and economic developments in Ukraine, in21 cluding countering misinformation that may origi22 nate from other news outlets, especially Russian 

23 supported news outlets; 

24 (3) provide programming content 24 hours a 

25 day, seven days a week to target populations, using 


smartinez on DSK6TPTVN1PROD with BILLS
11 

•HR 4278 IH

1 all available and effective distribution outlets, includ2 ing— 

3 (A) at least 8 weekly hours of total original 

4 television and video content in Ukrainian, Rus5 sian, and Tatar languages, not inclusive of live 

6 video streaming coverage of breaking news, to 

7 be distributed on satellite, digital, and through 

8 regional television affiliates by the Voice of 

9 America; and 

10 (B) at least 14 weekly hours the total 

11 audio content in Ukrainian, Russian, and Tatar 

12 languages to be distributed on satellite, digital, 

13 and through regional radio affiliates of RFE/ 

14 RL, Incorporated; 

15 (4) expand the use, audience, and audience en16 gagement of mobile news and multimedia platforms 

17 by RFE/RL, Incorporated, and the Voice of Amer18 ica, including through Internet-based social net19 working platforms; and 

20 (5) partner with private sector broadcasters and 

21 affiliates to seek and start co-production for new, 

22 original content, when possible, to increase distribu23 tion. 

24 (d) AUTHORIZATION OF APPROPRIATIONS.— 


smartinez on DSK6TPTVN1PROD with BILLS
12 

•HR 4278 IH

1 (1) IN GENERAL.—There is authorized to be 

2 appropriated for fiscal year 2014, in addition to 

3 funds otherwise made available for such purposes, 

4 up to $10,000,000 to carry out programming in the 

5 Ukrainian, Balkan, Russian, and Tatar language 

6 services of RFE/RL, Incorporated, and the Voice of 

7 America, for the purpose of bolstering existing 

8 United States programming to the people of Ukraine 

9 and neighboring regions, and increasing program10 ming capacity and jamming circumvention tech11 nology to overcome any disruptions to service. 

12 (2) OFFSET.—Section 102(a) of the Enhanced 

13 Partnership with Pakistan Act of 2009 (22 U.S.C. 

14 8412(a); Public Law 111–73; 123 Stat. 2068) is 

15 amended by striking ‘‘$1,500,000,000’’ and insert16 ing ‘‘$1,490,000,000’’. 

17 (e) REPORT.—Not later than 15 days after the date 

18 of the enactment of this Act, the Broadcasting Board of 

19 Governors shall submit to the Committees on Foreign Af20 fairs and Appropriations of the House of Representatives 

21 and the Committees on Foreign Relations and Appropria22 tions of the Senate a detailed report on plans to increase 

23 broadcasts pursuant to subsections (a) and (b). 


smartinez on DSK6TPTVN1PROD with BILLS
13 

•HR 4278 IH

1 SEC. 104. OVERSEAS PRIVATE INVESTMENT CORPORATION. 

2 It is the sense of Congress that the Overseas Private 

3 Investment Corporation should prioritize investments in 

4 Ukraine. 

5 SEC. 105. ENHANCED ASSISTANCE FOR LAW ENFORCEMENT 

6 IN UKRAINE. 

7 (a) STATEMENT OF POLICY.—It shall be the policy 

8 of the United States to assist Ukraine to eliminate the 

9 human rights abuses associated with the Berkut forces in 

10 order to foster a democratically reformed police force with 

11 strong public oversight, which is critical to fostering polit12 ical unity and stability throughout Ukraine. 

13 (b) AVAILABILITY OF FUNDS.—Of amounts made 

14 available to carry out section 1207 of the National De15 fense Authorization Act for Fiscal Year 2012 (22 U.S.C. 

16 2151 note) for fiscal year 2014, $8,000,000 is authorized 

17 to be appropriated to enhance United States efforts to as18 sist Ukraine to strengthen law enforcement capabilities 

19 and maintain the rule of law. 

20 (c) NOTIFICATION REQUIREMENT.—The congres21 sional notification requirements contained in section 

22 1207(l) of the National Defense Authorization Act for Fis23 cal Year 2012 (22 U.S.C. 2151 note) shall apply to the 

24 initiation of activities under a program of assistance under 

25 subsection (b) to the same extent and in the same manner 

26 as such congressional notification requirements apply to 


smartinez on DSK6TPTVN1PROD with BILLS
14 

•HR 4278 IH

1 the initiation of activities under a program of assistance 

2 section 1207(b) of such Act. 

3 SEC. 106. ENHANCED SECURITY COOPERATION AMONG 

4 CENTRAL AND EASTERN EUROPEAN NATO 

5 MEMBER STATES. 

6 (a) IN GENERAL.—The Secretary of State, in con7 sultation with the heads of appropriate United States de8 partments and agencies, shall seek to provide enhanced 

9 security cooperation with Central and Eastern European 

10 North Atlantic Treaty Organization (NATO) member 

11 states by undertaking the activities described in subsection 

12 (b). 

13 (b) ACTIVITIES DESCRIBED.—The activities de14 scribed in this subsection are— 

15 (1) enhancing existing security cooperation, in16 cluding defense and military-to-military cooperation, 

17 among Central and Eastern European NATO mem18 ber states; 

19 (2) enhancing security relationships among the 

20 United States, the European Union, and Central 

21 and Eastern European NATO member states; 

22 (3) providing defense articles, defense services, 

23 and military training to Central and Eastern Euro24 pean NATO member states; 


smartinez on DSK6TPTVN1PROD with BILLS
15 

•HR 4278 IH

1 (4) expanding the scope and frequency of mili2 tary exercises among Central and Eastern European 

3 NATO member states; and 

4 (5) supporting greater reform, professionalism, 

5 and capacity-building efforts within the military, in6 telligence, and security services in Central and East7 ern European NATO member states. 

8 SEC. 107. UNITED STATES-UKRAINE SECURITY ASSISTANCE. 

9 (a) FINDINGS.—Congress finds that— 

10 (1) in fiscal year 2013 the United States pro11 vided Ukraine with nearly $2,000,000 in assistance 

12 under chapter 5 of part II of the Foreign Assistance 

13 Act of 1961 (22 U.S.C. 2347 et seq.; relating to 

14 International Military Education Training) and 

15 nearly $7,000,000 in assistance under section 23 of 

16 the Arms Export Control Act (22 U.S.C. 2763; re17 lating to the Foreign Military Financing Program); 

18 and 

19 (2) Ukraine has been a longstanding member of 

20 NATO’s Partnership for Peace. 

21 (b) SENSE OF CONGRESS.—It is the sense of Con22 gress that— 

23 (1) United States assistance to Ukraine under 

24 chapter 5 of part II of the Foreign Assistance Act 


smartinez on DSK6TPTVN1PROD with BILLS
16 

•HR 4278 IH

1 of 1961 and section 23 of the Arms Export Control 

2 Act should continue; 

3 (2) consistent with section 506(a) of the For4 eign Assistance Act of 1961 (22 U.S.C. 2318(a)), 

5 the President is encouraged to draw down defense 

6 articles from the stocks of the Department of De7 fense, in order to provide non-lethal assistance, 

8 which could include communication equipment, 

9 clothing, fuel and other forms of appropriate assist10 ance, to the Government of Ukraine; and 

11 (3) the Administration should expeditiously con12 clude its current review of all security assistance to 

13 the Government of Ukraine. 

14 SEC. 108. RECOVERY OF ASSETS LINKED TO CORRUPTION 

15 IN UKRAINE. 

16 It is the sense of Congress that the Administration 

17 should provide expedited assistance to the Government of 

18 Ukraine to identify, investigate, secure, and recover assets 

19 stolen from the Government of Ukraine or linked to acts 

20 of corruption by former President Viktor Yanukovych, 

21 members of his family, and other former or current 

22 Ukrainian government officials, and their accomplices in 

23 any jurisdiction through appropriate United States Gov24 ernment and multilateral programs, including the Depart25 ment of Justice’s Kleptocracy Asset Recovery Initiative, 


smartinez on DSK6TPTVN1PROD with BILLS
17 

•HR 4278 IH

1 the Egmont Group, the Stolen Asset Recovery Initiative, 

2 the Camden Asset Recovery Inter-Agency Network, and 

3 the Asset Recovery Focal Point Initiative. 

4 SEC. 109. EUROPEAN BANK FOR RECONSTRUCTION AND 

5 DEVELOPMENT. 

6 (a) FINDINGS.—The Congress finds the following: 

7 (1) Article 1 of the Agreement Establishing the 

8 European Bank for Reconstruction and Development 

9 (EBRD) states that the EBRD should support in10 vestments in countries that are committed to and 

11 applying the principles of multiparty democracy, plu12 ralism, and market economics, and the EBRD has 

13 recognized that Russian ‘‘progress in the application 

14 of these principles . . . has been uneven’’. 

15 (2) Russia received 21 percent of the invest16 ments made by the EBRD in 2013, which is more 

17 than any other country received from the EBRD in 

18 that year, and has received an inordinate ratio of in19 vestment from the EBRD since the 2006 Capital 

20 Resources Review. 

21 (b) SENSE OF THE CONGRESS.—It is the sense of 

22 the Congress that the European Bank for Reconstruction 

23 and Development (EBRD) should increase investments in 

24 Ukraine and cease new investments in the Russian Fed25 eration, and the United States Government should press 


smartinez on DSK6TPTVN1PROD with BILLS
18 

•HR 4278 IH

1 the EBRD to support new investment in Ukraine and halt 

2 consideration of new investment in Russia. 

3 TITLE II—SANCTIONS 

4 PROVISIONS 

5 SEC. 201. CONTINUATION IN EFFECT OF SANCTIONS WITH 

6 RESPECT TO THE BLOCKING OF CERTAIN 

7 PERSONS CONTRIBUTING TO THE SITUATION 

8 IN UKRAINE. 

9 (a) IN GENERAL.—United States sanctions described 

10 in subsection (b), as in effect on the day before the date 

11 of the enactment of this Act, shall remain in effect until 

12 the earlier of— 

13 (1) the date that is 90 days after the date on 

14 which the President submits to the appropriate con15 gressional committees the certification described in 

16 subsection (a) of section 206 in accordance with sub17 section (b) of such section; or 

18 (2) the date that is 30 days after any date sub19 sequent to January 1, 2020, on which the President 

20 submits to the appropriate congressional committees 

21 in writing a determination that the termination of 

22 such sanctions imposed is in the vital national secu23 rity interests of the United States. 


smartinez on DSK6TPTVN1PROD with BILLS
19 

•HR 4278 IH

1 (b) SANCTIONS DESCRIBED.—United States sanc2 tions described in this subsection are sanctions imposed 

3 under the following executive orders: 

4 (1) Executive Order 13660 (March 6, 2014; re5 lating to blocking property of certain persons con6 tributing to the situation in Ukraine). 

7 (2) Executive Order 13661 (March 16, 2014; 

8 relating to blocking property of additional persons 

9 contributing to the situation in Ukraine). 

10 (3) Executive Order 13662 (March 20, 2014; 

11 relating to blocking property of additional persons 

12 contributing to the situation in Ukraine). 

13 SEC. 202. IMPOSITION OF ADDITIONAL SANCTIONS ON PER14 SONS RESPONSIBLE FOR VIOLENCE OR WHO 

15 UNDERMINE THE INDEPENDENCE, SOV16 EREIGNTY, OR TERRITORIAL OR ECONOMIC 

17 INTEGRITY OF UKRAINE. 

18 (a) STATEMENT OF POLICY.—It shall be the policy 

19 of the United States to impose sanctions with respect to 

20 those individuals within and outside of the Government 

21 of the Russian Federation whom the President determines 

22 wields significant influence over the formation and imple23 mentation of Russian foreign policy, in particular with re24 spect to the violation of Ukraine’s sovereignty, democracy, 

25 and territorial integrity. 


smartinez on DSK6TPTVN1PROD with BILLS
20 

•HR 4278 IH

1 (b) CRITERIA FOR IMPOSITION OF SANCTIONS.—A 

2 foreign person or an alien is subject to sanctions under 

3 subsection (c) in accordance with the provisions of such 

4 subsection if the foreign person or alien, on or after No5 vember 21, 2013— 

6 (1) is knowingly responsible for or complicit in, 

7 or engaged in, directly or indirectly— 

8 (A) actions that significantly undermine 

9 democratic processes or institutions in Ukraine; 

10 (B) actions that significantly threaten the 

11 peace, security, stability, sovereignty, or terri12 torial integrity of Ukraine; 

13 (C) acts of significant corruption in 

14 Ukraine, or the seizure or expropriation of sig15 nificant economic assets from Ukraine, includ16 ing the expropriation of private or state assets 

17 for personal gain, or the facilitation or transfer 

18 of the proceeds of such expropriation to foreign 

19 jurisdictions; or 

20 (D) the commission of serious human 

21 rights abuses against citizens of Ukraine or citi22 zens of the Russian Federation; 

23 (2) is a current or former senior official of the 

24 Government of the Russian Federation who has en25 gaged in any activity described in paragraph (1); 


smartinez on DSK6TPTVN1PROD with BILLS
21 

•HR 4278 IH

1 (3) operates in the arms or related materiel sec2 tor in the Russian Federation that has engaged in 

3 any activity described in paragraph (1); 

4 (4) is a current or former leader of an entity 

5 that has, or whose members have, knowingly en6 gaged in any activity described in paragraph (1), 

7 (2), or (3) or of an entity whose property and inter8 ests in property are blocked pursuant to this section; 

9 (5) has knowingly materially assisted, spon10 sored, or provided financial, material, or techno11 logical support for, or goods or services to or in sup12 port of, any activity described in paragraph (1), (2), 

13 or (3) or of any person whose property and interests 

14 in property are blocked pursuant to this section; or 

15 (6) is owned or controlled by, or has acted or 

16 purported to act for or on behalf of, directly or indi17 rectly, any person whose property and interests in 

18 property are blocked pursuant to this section. 

19 (c) SANCTIONS DESCRIBED.— 

20 (1) IN GENERAL.—The sanctions described in 

21 this subsection are the following: 

22 (A) ASSET BLOCKING.—With respect to a 

23 foreign person who the President, acting 

24 through the Secretary of the Treasury and in 

25 consultation with the Secretary of State (or 


smartinez on DSK6TPTVN1PROD with BILLS
22 

•HR 4278 IH

1 their designees), determines meets the require2 ments described in subsection (b), the Presi3 dent, acting through the Secretary of the 

4 Treasury and in consultation with the Secretary 

5 of State (or their designees), shall to the extent 

6 necessary investigate, block during the pend7 ency of an investigation, regulate, direct and 

8 compel, nullify, void, prevent or prohibit, any 

9 acquisition, holding, withholding, use, transfer, 

10 withdrawal, transportation, or exportation of, or 

11 dealing in, or exercising any right, power, or 

12 privilege with respect to, or transactions involv13 ing, any property in which any foreign country 

14 or a national thereof has any interest by any 

15 person, or with respect to any property, subject 

16 to the jurisdiction of the United States if such 

17 property and interests in property are in the 

18 United States, come within the United States, 

19 or are or come within the possession or control 

20 of a United States person. 

21 (B) ALIENS INELIGIBLE FOR VISAS, AD22 MISSION, OR PAROLE.— 

23 (i) VISAS, ADMISSION, OR PAROLE.— 

24 An alien who the Secretary of State or the 

25 Secretary of Homeland Security (or a desVerDate Mar 15 2010 00:08 Mar 22, 2014 Jkt 039200 PO 00000 Frm 00022 Fmt 6652 Sfmt 6201 E:\BILLS\H4278.IH H4278

smartinez on DSK6TPTVN1PROD with BILLS
23 

•HR 4278 IH

1 ignee of one of such Secretaries) knows, or 

2 has reason to believe, meets any of the cri3 teria described in subsection (b) is— 

4 (I) inadmissible to the United 

5 States; 

6 (II) ineligible to receive a visa or 

7 other documentation to enter the 

8 United States; and 

9 (III) otherwise ineligible to be 

10 admitted or paroled into the United 

11 States or to receive any other benefit 

12 under the Immigration and Nation13 ality Act (8 U.S.C. 1101 et seq.). 

14 (ii) CURRENT VISAS REVOKED.— 

15 (I) IN GENERAL.—The issuing 

16 consular officer, the Secretary of 

17 State, or the Secretary of Homeland 

18 Security (or a designee of one of such 

19 Secretaries) shall revoke any visa or 

20 other entry documentation issued to 

21 an alien who meets any of the criteria 

22 described in subsection (b), regardless 

23 of when issued. 

24 (II) JUDICIAL REVIEW.—Not25 withstanding any other provision of 


smartinez on DSK6TPTVN1PROD with BILLS
24 

•HR 4278 IH

1 law, including section 2241 of title 28, 

2 United States Code, or any other ha3 beas corpus provision, and sections 

4 1361 and 1651 of such title, no court 

5 shall have jurisdiction to review a rev6 ocation decision under this clause, and 

7 no court shall have jurisdiction to 

8 hear any claim arising from, or any 

9 challenge to, such a revocation. 

10 (III) EFFECT OF REVOCATION.— 

11 A revocation under subclause (I)— 

12 (aa) shall take effect imme13 diately; and 

14 (bb) shall automatically can15 cel any other valid visa or entry 

16 documentation that is in the 

17 alien’s possession. 

18 (2) PENALTIES.—A foreign person that vio19 lates, attempts to violate, conspires to violate, or 

20 causes a violation of paragraph (1)(A) or any regu21 lation, license, or order issued to carry out para22 graph (1)(A) shall be subject to the penalties set 

23 forth in subsections (b) and (c) of section 206 of the 

24 International Emergency Economic Powers Act (50 

25 U.S.C. 1705) to the same extent as a person that 


smartinez on DSK6TPTVN1PROD with BILLS
25 

•HR 4278 IH

1 commits an unlawful act described in subsection (a) 

2 of that section. 

3 (3) REGULATORY AUTHORITY.—The President 

4 shall, not later than 90 days after the date of the 

5 enactment of this Act, promulgate regulations as 

6 necessary for the implementation of this section. 

7 (4) EXCEPTION TO COMPLY WITH UNITED NA8 TIONS HEADQUARTERS AGREEMENT.—Sanctions 

9 under paragraph (1)(B) shall not apply to an alien 

10 if admitting the alien into the United States is nec11 essary to permit the United States to comply with 

12 the Agreement regarding the Headquarters of the 

13 United Nations, signed at Lake Success June 26, 

14 1947, and entered into force November 21, 1947, 

15 between the United Nations and the United States, 

16 or other applicable international obligations. 

17 (5) RULE OF CONSTRUCTION.—Nothing in this 

18 section shall be construed to limit the authority of 

19 the President pursuant to the International Emer20 gency Economic Powers Act (50 U.S.C. 1701 et 

21 seq.). 

22 (d) WAIVER.—The President may waive the applica23 tion of sanctions under subsection (c) with respect to a 

24 foreign person or alien if the President— 


smartinez on DSK6TPTVN1PROD with BILLS
26 

•HR 4278 IH

1 (1) determines that such a waiver is vital to the 

2 national interest of the United States; and 

3 (2) not less than 15 days after the waiver takes 

4 effect, submits to the appropriate congressional com5 mittees a notice of the waiver and a justification for 

6 such waiver. 

7 (e) REPORT.— 

8 (1) REPORT REQUIRED.— 

9 (A) IN GENERAL.—Not later than 30 days 

10 after the date of the enactment of this Act, and 

11 every 180 days thereafter for a period not to 

12 exceed 2 years, the Secretary of State, in con13 sultation with the Secretary of the Treasury, 

14 shall submit to the appropriate congressional 

15 committees a detailed report with respect to 

16 whether senior foreign political figures of the 

17 Russian Federation are responsible for engag18 ing in activities described in subsection (b). 

19 (B) FORM.—The report required by sub20 paragraph (A) shall be submitted in unclassi21 fied form but may contain a classified annex. 

22 (2) REQUESTS BY CHAIRPERSON AND RANKING

23 MEMBER OF APPROPRIATE CONGRESSIONAL COMMIT24 TEES.— 


smartinez on DSK6TPTVN1PROD with BILLS
27 

•HR 4278 IH

1 (A) IN GENERAL.—Not later than 120 

2 days after receiving a written request from the 

3 chairperson and ranking member of one of the 

4 appropriate congressional committees with re5 spect to whether a senior foreign political figure 

6 of the Russian Federation is responsible for en7 gaging in activities described in subsection (b), 

8 the President shall submit a response to the 

9 chairperson and ranking member of the com10 mittee which made the request with respect to 

11 the status of the person. 

12 (B) FORM.—The President may submit a 

13 response required by subparagraph (A) in clas14 sified form if the President determines that it 

15 is necessary for the national security interests 

16 of the United States to do so. 

17 (3) DEFINITION.—In this subsection, the term 

18 ‘‘appropriate congressional committees’’ means— 

19 (A) the Committee on Foreign Affairs and 

20 the Committee on Financial Services of the 

21 House of Representatives; and 

22 (B) the Committee on Foreign Relations 

23 and the Committee on Banking, Housing, and 

24 Urban Affairs of the Senate. 

25 (f) DEFINITIONS.—In this section: 


smartinez on DSK6TPTVN1PROD with BILLS
28 

•HR 4278 IH

1 (1) ADMITTED.—The term ‘‘admitted’’ has the 

2 meaning given such term in section 101(a)(13)(A) of 

3 the Immigration and Nationality Act (8 U.S.C. 

4 1101(a)(13)(A)). 

5 (2) ALIEN.—The term ‘‘alien’’ has the meaning 

6 given such term in section 101(a)(3) of the Immi7 gration and Nationality Act (8 U.S.C. 1101(a)(3)). 

8 (3) FINANCIAL INSTITUTION.—The term ‘‘fi9 nancial institution’’ has the meaning given that term 

10 in section 5312 of title 31, United States Code. 

11 (4) FOREIGN PERSON.—The term ‘‘foreign per12 son’’ means— 

13 (A) an individual who is not a United 

14 States person or an alien lawfully admitted for 

15 permanent residence into the United States; 

16 (B) a corporation, partnership, or other 

17 nongovernmental entity which is not a United 

18 States person; or 

19 (C) any representative, agent or instru20 mentality of, or an individual working on behalf 

21 of a foreign government. 

22 (5) PAROLED.—The term ‘‘paroled’’ means pa23 roled into the United States under section 212(d)(5) 

24 of the Immigration and Nationality Act (8 U.S.C. 

25 1182(d)(5)). 


smartinez on DSK6TPTVN1PROD with BILLS
29 

•HR 4278 IH

1 (6) SENIOR FOREIGN POLITICAL FIGURE.—The 

2 term ‘‘senior foreign political figure’’ means— 

3 (A) a current or former— 

4 (i) senior official in the executive, leg5 islative, administrative, military, or judicial 

6 branches of a foreign government (whether 

7 elected or not); 

8 (ii) senior official of a major foreign 

9 political party; or 

10 (iii) senior executive of a foreign-gov11 ernment-owned commercial enterprise; 

12 (B) a corporation, business, or other entity 

13 that has been formed by, or for the benefit of, 

14 any such individual; 

15 (C) an immediate family member (includ16 ing spouses, parents, siblings, children, and a 

17 spouse’s parents and siblings) of any such indi18 vidual; or 

19 (D) a person who is widely and publicly 

20 known to be a close associate of such individual. 

21 (7) UNITED STATES PERSON.—The term 

22 ‘‘United States person’’ means— 

23 (A) a United States citizen or an alien law24 fully admitted for permanent residence to the 

25 United States; or 


smartinez on DSK6TPTVN1PROD with BILLS
30 

•HR 4278 IH

1 (B) an entity organized under the laws of 

2 the United States or of any jurisdiction within 

3 the United States, including a foreign branch of 

4 such an entity. 

5 (g) TERMINATION.—This section and any sanction 

6 imposed by this section shall remain in effect until the 

7 earlier of— 

8 (1) the date that is 90 days after the date on 

9 which the President submits to the appropriate con10 gressional committees the certification described in 

11 subsection (a) of section 206 in accordance with sub12 section (b) of such section; or 

13 (2) the date that is 30 days after any date sub14 sequent to January 1, 2020, on which the President 

15 submits to the appropriate congressional committees 

16 in writing a determination that the termination of 

17 this section and the sanctions imposed by this sec18 tion is in the vital national security interests of the 

19 United States. 

20 SEC. 203. REPORT ON CERTAIN FOREIGN FINANCIAL INSTI21 TUTIONS. 

22 (a) FINDINGS.—Congress finds the following: 

23 (1) On February 26, 2014, the Department of 

24 the Treasury’s Financial Crimes Enforcement Net25 work advised United States financial institutions of 


smartinez on DSK6TPTVN1PROD with BILLS
31 

•HR 4278 IH

1 their responsibility to take reasonable, risk-based 

2 steps regarding the potential suspicious movement of 

3 assets related to Viktor Yanukovych departing Kyiv 

4 and abdicating his responsibilities and other senior 

5 officials resigning from their positions or departing 

6 Kyiv. 

7 (2) United States financial institutions are re8 quired to apply enhanced scrutiny to private banking 

9 accounts held by or on behalf of senior foreign polit10 ical figures and to monitor transactions that could 

11 potentially represent misappropriated or diverted 

12 state assets, the proceeds of bribery or other illegal 

13 payments, or other public corruption proceeds. 

14 (3) On March 3, 2014, the Government of 

15 Ukraine announced that it had initiated criminal 

16 proceedings against a number of former Ukrainian 

17 officials or close associates of former Ukrainian offi18 cials. 

19 (4) On March 5, 2014, the European Union, 

20 based on information from Ukraine’s Prosecutor 

21 General, issued a Council Regulation requiring the 

22 European Union to freeze the funds and economic 

23 resources of various former Ukrainian officials and 

24 their close associates. 


smartinez on DSK6TPTVN1PROD with BILLS
32 

•HR 4278 IH

1 (5) The Government of Canada has taken simi2 lar action against the same individuals. 

3 (6) The measures being taken against these 

4 former Ukrainian officials and their close associates 

5 increase the risk that they will seek to move their 

6 assets in a deceptive fashion. 

7 (7) Foreign financial institutions should apply 

8 similar, enhanced due-diligence and reporting re9 quirements. 

10 (8) The United States has a strong interest in 

11 seeing the international financial system protected 

12 from illicit financial activity, including money laun13 dering, terrorism and proliferation financing, 

14 transnational organized crime, and the misappro15 priation of state assets, and international sanctions 

16 evasion, among others. 

17 (9) The Department of the Treasury possesses 

18 a range of authorities to insulate the United States 

19 financial system from entities or jurisdictions that 

20 pose an illicit financing risk. 

21 (b) STATEMENT OF POLICY.—It shall be the policy 

22 of the United States to use all of its regulatory and statu23 tory authorities to closely scrutinize all foreign financial 

24 institutions, including those in the Russian Federation, 

25 that may be complicit in enabling foreign persons and 


smartinez on DSK6TPTVN1PROD with BILLS
33 

•HR 4278 IH

1 transnational criminal enterprises to evade or otherwise 

2 circumvent United States and international sanctions, 

3 launder the proceeds of criminal activity, finance acts of 

4 terrorism and the proliferation of weapons of mass de5 struction, or any other illicit activity that presents risks 

6 and vulnerabilities to the United States financial system. 

7 (c) REPORT.— 

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

9 the date of the enactment of this Act, and every 180 

10 days thereafter for a period not to exceed 2 years, 

11 the Secretary of State and the Secretary of the 

12 Treasury shall jointly submit to the appropriate con13 gressional committees a report on— 

14 (A) foreign financial institutions that are 

15 in direct or indirect control of Government of 

16 Ukraine state-owned or controlled assets with17 out the knowledge or approval of the Govern18 ment of Ukraine; 

19 (B) foreign financial institutions that may 

20 be complicit in illicit financial activity, including 

21 money laundering, terrorism and proliferation 

22 financing, transnational organized crime, mis23 appropriation of state assets, or otherwise en24 gaged in any activity prohibited under United 

25 States law that are— 


smartinez on DSK6TPTVN1PROD with BILLS
34 

•HR 4278 IH

1 (i) organized under the laws of the 

2 Russian Federation; or 

3 (ii) owned or controlled by a foreign 

4 person described in section 202(b); and 

5 (C) foreign financial institutions that are 

6 directly or indirectly assisting or otherwise aid7 ing the violation of Ukrainian sovereignty, inde8 pendence, and territorial integrity, including, 

9 the Crimea. 

10 (2) FORM.—The report required to be sub11 mitted under this subsection shall be submitted in 

12 an unclassified form, to the extent appropriate, but 

13 may include a classified annex. 

14 SEC. 204. AMENDMENT TO THE IRAN, NORTH KOREA, AND 

15 SYRIA NONPROLIFERATION ACT. 

16 (a) FINDINGS.—Congress finds the following: 

17 (1) Iran continues its longstanding effort to ob18 tain banned components for its nuclear and missile 

19 programs in violation of its obligations under succes20 sive United Nations Security Council Resolutions. 

21 (2) Russian entities, including Rosoboronexport, 

22 have been sanctioned with respect to proliferation 

23 activities, particularly sanctions under the Iran, 

24 North Korea, and Syria Nonproliferation Act (Pub25 lic Law 106–178; 50 U.S.C. 1701 note). 


smartinez on DSK6TPTVN1PROD with BILLS
35 

•HR 4278 IH

1 (3) The Department of State must expedi2 tiously restore the deterrent effect of the Iran, 

3 North Korea, and Syria Nonproliferation Act by 

4 fully applying and enforcing such Act. 

5 (b) AMENDMENT.—Section 2 of the Iran, North 

6 Korea, and Syria Nonproliferation Act (Public Law 106– 

7 178; 50 U.S.C. 1701 note) is amended by adding at the 

8 end the following: 

9 ‘‘(f) PLAN TO EXPEDITE REPORTS AND SANCTIONS

10 UNDER THIS ACT.—Not later than 30 days after the date 

11 of the enactment of the Ukraine Support Act, the Presi12 dent shall submit to the Committee on Foreign Affairs of 

13 the House of Representatives and the Committee on For14 eign Relations in the Senate, a plan, to include specific 

15 timetables, to expedite the implementation of this Act with 

16 respect to submission of reports required under subsection 

17 (a) and the application of measures to certain foreign per18 sons under section 3.’’. 

19 SEC. 205. SENSE OF CONGRESS ON HUMAN RIGHTS IN THE 

20 RUSSIAN FEDERATION. 

21 It is the sense of Congress that the President should 

22 greatly expand the list of 18 Russian officials and others 

23 published on April 12, 2013, who were engaged in actions 

24 described in section 404 of the Sergei Magnitsky Rule of 

25 Law Accountability Act of 2012 (title IV of Public Law 


smartinez on DSK6TPTVN1PROD with BILLS
36 

•HR 4278 IH

1 112–208; 22 U.S.C. 5811) regarding the death of Sergei 

2 Magnitsky, illegal activity by officials of the Government 

3 of the Russian Federation, or violations of human rights 

4 and other offenses in Russia. 

5 SEC. 206. CERTIFICATION DESCRIBED AND SUBMISSION TO 

6 CONGRESS. 

7 (a) IN GENERAL.—A certification described in this 

8 section is a certification of the President to Congress that 

9 Ukrainian sovereignty, independence, and territorial integ10 rity is not being violated by the Russian Federation or 

11 any other state actor. 

12 (b) SUBMISSION TO CONGRESS.— 

13 (1) IN GENERAL.—The President shall submit 

14 the certification described in subsection (a) to the 

15 appropriate congressional committees in writing and 

16 shall include a justification for the certification. 

17 (2) FORM OF CERTIFICATION.—The certifi18 cation described in subsection (a) shall be submitted 

19 in unclassified form but may contain a classified 

20 annex. 

21 SEC. 207. APPROPRIATE CONGRESSIONAL COMMITTEES 

22 DEFINED. 

23 Except as otherwise provided, in this title the term 

24 ‘‘appropriate congressional committees’’ means— 


smartinez on DSK6TPTVN1PROD with BILLS
37 

•HR 4278 IH

1 (1) the Committee on Foreign Affairs, the 

2 Committee on Financial Services, the Committee on 

3 Ways and Means, and the Committee on the Judici4 ary of the House of Representatives; and 

5 (2) Committee on Foreign Relations, the Com6 mittee on Banking, Housing, and Urban Affairs, 

7 and the Committee on the Judiciary of the Senate. 

Æ 


smartinez on DSK6TPTVN1PROD with BILLS