II 

Calendar No. 169 

116TH CONGRESS 

1ST SESSION S. 1441 

To impose sanctions with respect to the provision of certain vessels for 

the construction of Russian energy export pipelines, and for other purposes. 

IN THE SENATE OF THE UNITED STATES 

MAY 14, 2019 

Mr. CRUZ (for himself, Mrs. SHAHEEN, Mr. BARRASSO, Mr. COTTON, Mr. 

JOHNSON, and Mr. GARDNER) introduced the following bill; which was 

read twice and referred to the Committee on Foreign Relations 

JULY 31, 2019 

Reported by Mr. RISCH, with an amendment 

[Strike out all after the enacting clause and insert the part printed in italic] 

A BILL 

To impose sanctions with respect to the provision of certain 

vessels for the construction of Russian energy export 

pipelines, 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 ‘‘Protecting Europe’s 

5 Energy Security Act of 2019’’. 


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1 SEC. 2. SENSE OF CONGRESS. 

2 It is the sense of Congress that— 

3 (1) the United States and Europe share a com4 mon history, a common identity, and common values 

5 built upon the principles of democracy, rule of law, 

6 and individual freedoms; 

7 (2) the United States has encouraged and ad8 mired the European project, which has resulted in a 

9 common market and common policies, has achieved 

10 unprecedented prosperity and stability on the con11 tinent, and serves as a model for other countries to 

12 reform their institutions and prioritize 

13 anticorruption measures; 

14 (3) the relationships between the United States 

15 and Europe and the United States and Germany are 

16 critical to the national security interests of the 

17 United States as well as to global prosperity and 

18 peace, and Germany in particular is a crucial part19 ner for the United States in multilateral efforts 

20 aimed at promoting global prosperity and peace; 

21 (4) the United States should stand against any 

22 effort designed to weaken those relationships; and 

23 (5) Germany has demonstrated leadership with24 in the European Union and in international fora to 

25 ensure that sanctions imposed with respect to the 


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1 Russian Federation for its malign activities are 

2 maintained. 

3 SEC. 3. IMPOSITION OF SANCTIONS WITH RESPECT TO PRO4 VISION OF CERTAIN VESSELS FOR THE CON5 STRUCTION OF RUSSIAN ENERGY EXPORT 

6 PIPELINES. 

7 (a) REPORT REQUIRED.—Not later than 60 days 

8 after the date of the enactment of this Act, and every 90 

9 days thereafter, the Secretary of State shall submit to the 

10 appropriate congressional committees a report that identi11 fies, for the period beginning on the date of the enactment 

12 of this Act and ending on the date of the report— 

13 (1) vessels that engaged in pipe-laying at 

14 depths of 100 feet or more below sea level for the 

15 construction of Russian energy export pipelines; and 

16 (2) foreign persons that have sold, leased, pro17 vided, or facilitated the provision of those vessels for 

18 the construction of such pipelines. 

19 (b) INADMISSIBILITY TO UNITED STATES OF IDENTI20 FIED PERSONS AND CORPORATE OFFICERS.—The Sec21 retary of State shall deny a visa to, and the Secretary of 

22 Homeland Security shall exclude from the United States 

23 of, any alien who is— 

24 (1) a foreign person identified under subsection 

25 (a)(2); 


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1 (2) a corporate officer of a person described in 

2 paragraph (1); or 

3 (3) a principal shareholder with a controlling 

4 interest in a person described in paragraph (1). 

5 (c) BLOCKING OF PROPERTY OF IDENTIFIED PER6 SONS.—The President shall exercise all powers granted to 

7 the President by the International Emergency Economic 

8 Powers Act (50 U.S.C. 1701 et seq.) to the extent nec9 essary to block and prohibit all transactions in all property 

10 and interests in property of any person identified under 

11 subsection (a)(2) if such property and interests in prop12 erty are in the United States, come within the United 

13 States, or are or come within the possession or control 

14 of a United States person. 

15 (d) SANCTIONS FOR PROVISION OF UNDERWRITING

16 SERVICES OR INSURANCE OR REINSURANCE FOR IDENTI17 FIED VESSELS.— 

18 (1) IN GENERAL.—The President may impose 5 

19 or more of the sanctions described in paragraph (2) 

20 with respect to a foreign person if the President de21 termines that the person knowingly, on or after the 

22 date of the enactment of this Act, provides under23 writing services or insurance or reinsurance for a 

24 vessel identified under subsection (a)(1). 


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1 (2) SANCTIONS DESCRIBED.—The sanctions 

2 that may be imposed with respect to a foreign per3 son under paragraph (1) are the following: 

4 (A) EXPORT-IMPORT BANK ASSISTANCE

5 FOR EXPORTS TO SANCTIONED PERSONS.—The 

6 President may direct the Export-Import Bank 

7 of the United States not to give approval to the 

8 issuance of any guarantee, insurance, extension 

9 of credit, or participation in the extension of 

10 credit in connection with the export of any 

11 goods or services to the foreign person. 

12 (B) EXPORT SANCTION.—The President 

13 may order the United States Government not to 

14 issue any specific license and not to grant any 

15 other specific permission or authority to export 

16 any goods or technology to the foreign person 

17 under— 

18 (i) the Export Control Reform Act of 

19 2018 (50 U.S.C. 4801 et seq.); 

20 (ii) the Arms Export Control Act (22 

21 U.S.C. 2751 et seq.); 

22 (iii) the Atomic Energy Act of 1954 

23 (42 U.S.C. 2011 et seq.); or 

24 (iv) any other statute that requires 

25 the prior review and approval of the 


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1 United States Government as a condition 

2 for the export or reexport of goods or serv3 ices. 

4 (C) LOANS FROM UNITED STATES FINAN5 CIAL INSTITUTIONS.—The United States Gov6 ernment may prohibit any United States finan7 cial institution from making loans or providing 

8 credits to the foreign person totaling more than 

9 $10,000,000 in any 12-month period unless 

10 such person is engaged in activities to relieve 

11 human suffering and the loans or credits are 

12 provided for such activities. 

13 (D) PROHIBITIONS ON FINANCIAL INSTI14 TUTIONS.—The following prohibitions may be 

15 imposed with respect to the foreign person if 

16 the foreign person is a financial institution: 

17 (i) PROHIBITION ON DESIGNATION AS

18 PRIMARY DEALER.—Neither the Board of 

19 Governors of the Federal Reserve System 

20 nor the Federal Reserve Bank of New 

21 York may designate, or permit the continu22 ation of any prior designation of, such fi23 nancial institution as a primary dealer in 

24 United States Government debt instru25 ments. 


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1 (ii) PROHIBITION ON SERVICE AS A

2 REPOSITORY OF GOVERNMENT FUNDS.— 

3 Such financial institution may not serve as 

4 agent of the United States Government or 

5 serve as repository for United States Gov6 ernment funds. 

7 The imposition of either sanction under clause 

8 (i) or (ii) shall be treated as 1 sanction for pur9 poses of paragraph (1), and the imposition of 

10 both such sanctions shall be treated as 2 sanc11 tions for purposes of paragraph (1). 

12 (E) PROCUREMENT SANCTION.—The 

13 United States Government may not procure, or 

14 enter into any contract for the procurement of, 

15 any goods or services from the foreign person. 

16 (F) FOREIGN EXCHANGE.—The President 

17 may, pursuant to such regulations as the Presi18 dent may prescribe, prohibit any transactions in 

19 foreign exchange that are subject to the juris20 diction of the United States and in which the 

21 foreign person has any interest. 

22 (G) BANKING TRANSACTIONS.—The Presi23 dent may, pursuant to such regulations as the 

24 President may prescribe, prohibit any transfers 

25 of credit or payments between financial instituVerDate Sep 11 2014 23:44 Jul 31, 2019 Jkt 089200 PO 00000 Frm 00007 Fmt 6652 Sfmt 6401 E:\BILLS\S1441.RS S1441

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1 tions or by, through, or to any financial institu2 tion, to the extent that such transfers or pay3 ments are subject to the jurisdiction of the 

4 United States and involve any interest of the 

5 foreign person. 

6 (H) PROPERTY TRANSACTIONS.—The 

7 President may, pursuant to such regulations as 

8 the President may prescribe, prohibit any per9 son from— 

10 (i) acquiring, holding, withholding, 

11 using, transferring, withdrawing, trans12 porting, importing, or exporting any prop13 erty that is subject to the jurisdiction of 

14 the United States and with respect to 

15 which the foreign person has any interest; 

16 (ii) dealing in or exercising any right, 

17 power, or privilege with respect to such 

18 property; or 

19 (iii) conducting any transaction in20 volving such property. 

21 (I) BAN ON INVESTMENT IN EQUITY OR

22 DEBT OF SANCTIONED PERSON.—The President 

23 may, pursuant to such regulations or guidelines 

24 as the President may prescribe, prohibit any 

25 United States person from investing in or purVerDate Sep 11 2014 23:44 Jul 31, 2019 Jkt 089200 PO 00000 Frm 00008 Fmt 6652 Sfmt 6401 E:\BILLS\S1441.RS S1441

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1 chasing significant amounts of equity or debt 

2 instruments of the foreign person. 

3 (J) EXCLUSION OF CORPORATE OFFI4 CERS.—The President may direct the Secretary 

5 of State to deny a visa to, and the Secretary of 

6 Homeland Security to exclude from the United 

7 States, any alien that the President determines 

8 is a corporate officer or principal of, or a share9 holder with a controlling interest in, the foreign 

10 person. 

11 (K) SANCTIONS ON PRINCIPAL EXECUTIVE

12 OFFICERS.—The President may impose on the 

13 principal executive officer or officers of the for14 eign person, or on persons performing similar 

15 functions and with similar authorities as such 

16 officer or officers, any of the sanctions under 

17 this paragraph. 

18 (e) EXCEPTIONS.— 

19 (1) EXCEPTION TO COMPLY WITH UNITED NA20 TIONS HEADQUARTERS AGREEMENT.—Sanctions 

21 under this subsection shall not apply with respect to 

22 the admission of an alien to the United States if the 

23 admission of the alien is necessary to permit the 

24 United States to comply with the Agreement regard25 ing the Headquarters of the United Nations, signed 


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1 at Lake Success June 26, 1947, and entered into 

2 force November 21, 1947, between the United Na3 tions and the United States, the Convention on Con4 sular Relations, done at Vienna April 24, 1963, and 

5 entered into force March 19, 1967, or other applica6 ble international obligations. 

7 (2) EXCEPTION RELATING TO IMPORTATION OF

8 GOODS.— 

9 (A) IN GENERAL.—A requirement or the 

10 authority to block and prohibit all transactions 

11 in all property and interests in property under 

12 this section shall not include the authority to 

13 impose sanctions on the importation of goods. 

14 (B) GOOD DEFINED.—In this paragraph, 

15 the term ‘‘good’’ means any article, natural or 

16 man-made substance, material, supply or manu17 factured product, including inspection and test 

18 equipment, and excluding technical data. 

19 (f) NATIONAL SECURITY WAIVER.—The President 

20 may waive the application of sanctions under this section 

21 with respect to a person if the President— 

22 (1) determines that the waiver is in the national 

23 security interests of the United States; and 


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1 (2) submits to the appropriate congressional 

2 committees a report on the waiver and the reasons 

3 for the waiver. 

4 (g) IMPLEMENTATION; PENALTIES.— 

5 (1) IMPLEMENTATION.—The President may ex6 ercise all authorities provided to the President under 

7 sections 203 and 205 of the International Emer8 gency Economic Powers Act (50 U.S.C. 1702 and 

9 1704) to carry out this section. 

10 (2) PENALTIES.—A person that violates, at11 tempts to violate, conspires to violate, or causes a 

12 violation of this section or any regulation, license, or 

13 order issued to carry out this section shall be subject 

14 to the penalties set forth in subsections (b) and (c) 

15 of section 206 of the International Emergency Eco16 nomic Powers Act (50 U.S.C. 1705) to the same ex17 tent as a person that commits an unlawful act de18 scribed in subsection (a) of that section. 

19 (h) DEFINITIONS.—In this section: 

20 (1) ADMISSION; ADMITTED; ALIEN.—The terms 

21 ‘‘admission’’, ‘‘admitted’’, and ‘‘alien’’ have the 

22 meanings given those terms in section 101 of the 

23 Immigration and Nationality Act (8 U.S.C. 1101). 

24 (2) APPROPRIATE CONGRESSIONAL COMMIT25 TEES.—The term ‘‘appropriate congressional comVerDate Sep 11 2014 23:44 Jul 31, 2019 Jkt 089200 PO 00000 Frm 00011 Fmt 6652 Sfmt 6401 E:\BILLS\S1441.RS S1441

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1 mittees’’ means the Committee on Foreign Relations 

2 of the Senate and the Committee on Foreign Affairs 

3 of the House of Representatives. 

4 (3) FOREIGN PERSON.—The term ‘‘foreign per5 son’’ means an individual or entity that is not a 

6 United States person. 

7 (4) KNOWINGLY.—The term ‘‘knowingly’’, with 

8 respect to conduct, a circumstance, or a result, 

9 means that a person has actual knowledge, or should 

10 have known, of the conduct, the circumstance, or the 

11 result. 

12 (5) UNITED STATES PERSON.—The term 

13 ‘‘United States person’’ means— 

14 (A) a United States citizen or an alien law15 fully admitted for permanent residence to the 

16 United States; or 

17 (B) an entity organized under the laws of 

18 the United States or any jurisdiction within the 

19 United States, including a foreign branch of 

20 such an entity. 

21 SEC. 4. STRATEGY TO IMPROVE ENERGY SECURITY OF EU22 ROPEAN ALLIES OF THE UNITED STATES. 

23 (a) IN GENERAL.—The President shall direct the 

24 Secretary of State, in coordination with the heads of other 

25 Federal agencies, as appropriate, to develop a strategy to 


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1 improve the national and regional energy security of allies 

2 of the United States in Europe. 

3 (b) ELEMENTS.—The strategy required by subsection 

4 (a) shall include elements— 

5 (1) to deepen the role of United States diplo6 macy in Europe and the Middle East in enhancing 

7 the energy security of allies of the United States in 

8 Europe; 

9 (2) to diversify the energy sources of such al10 lies; 

11 (3) to counter efforts by the Russian Federa12 tion to establish energy dominance over Europe; and 

13 (4) to improve the resilience of energy infra14 structure of such allies. 

15 SEC. 5. REPORT ON EFFECTS OF NORD STREAM 2 ON THE 

16 NATIONAL SECURITY OF THE UNITED 

17 STATES. 

18 Not later than 90 days after the date of the enact19 ment of this Act, the Secretary of State shall submit to 

20 the appropriate congressional committees (as defined in 

21 section 3(h)) a report that includes the following: 

22 (1) An assessment of the effects of the Nord 

23 Stream 2 natural gas pipeline on the national secu24 rity of the United States, including an assessment of 


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1 the effect that increased dependence by countries in 

2 Europe on Russian natural gas would have on— 

3 (A) the energy security of Europe; 

4 (B) the diplomatic security and foreign 

5 policy of Ukraine; 

6 (C) the diplomatic security and foreign pol7 icy of Germany; and 

8 (D) United States diplomatic missions and 

9 facilities of the United States Government in 

10 Europe. 

11 (2) A description of activities of, or support by, 

12 the Government of the Russian Federation aimed at 

13 influencing opinions of the public and elites in Eu14 rope to generate support for Nord Stream 2 and 

15 other Russian energy export projects, including 

16 through— 

17 (A) propaganda activities through media 

18 and digital platforms, including broadcast and 

19 satellite-based television, radio, internet, and 

20 print media; or 

21 (B) funding or otherwise supporting third22 party groups in Europe such as think tanks, 

23 academic institutions, trade associations, and 

24 other nongovernmental organizations. 


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1 SEC. 6. REPORT ON ENTITIES INVOLVED IN CONSTRUC2 TION OR REPAIR OF NORD STREAM 2. 

3 (a) IN GENERAL.—Not later than 180 days after the 

4 date of the enactment of this Act, and annually thereafter 

5 until the date that is 6 years after such date of enactment, 

6 the Secretary of State shall submit to the appropriate con7 gressional committees (as defined in section 3(h)) a report 

8 that includes— 

9 (1) a list of all entities, including financial insti10 tutions, directly or indirectly providing goods, serv11 ices, information, or technology for the construction 

12 or repair of the Nord Stream 2 natural gas pipeline; 

13 and 

14 (2) an assessment of whether each entity on the 

15 list required by paragraph (1) has knowingly en16 gaged in a significant transaction with, or provided 

17 goods, services, information, or technology to or 

18 for— 

19 (A) a Russian person the property or inter20 ests in property of which have been blocked 

21 pursuant to the International Emergency Eco22 nomic Powers Act (50 U.S.C. 1701 et seq.); 

23 (B) any person with respect to which sanc24 tions have been imposed under section 231 of 

25 the Countering America’s Adversaries Through 

26 Sanctions Act (22 U.S.C. 9525); or 


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1 (C) any person with respect to which sanc2 tions have been imposed under— 

3 (i) any other provision of title II of 

4 the Countering America’s Adversaries 

5 Through Sanctions Act (22 U.S.C. 9501 et 

6 seq.); 

7 (ii) the Support for the Sovereignty, 

8 Integrity, Democracy, and Economic Sta9 bility of Ukraine Act of 2014 (22 U.S.C. 

10 8901 et seq.); or 

11 (iii) the Ukraine Freedom Support 

12 Act of 2014 (22 U.S.C. 8921 et seq.). 

13 (b) RUSSIAN PERSON DEFINED.—In this section, the 

14 term ‘‘Russian person’’ has the meaning given that term 

15 in section 2 of the Ukraine Freedom Support Act of 2014 

16 (22 U.S.C. 8921). 

17 SECTION 1. SHORT TITLE. 

18 This Act may be cited as the ‘‘Protecting Europe’s En19 ergy Security Act of 2019’’. 

20 SEC. 2. SENSE OF CONGRESS. 

21 It is the sense of Congress that— 

22 (1) the United States and Europe share a com23 mon history, a common identity, and common values 

24 built upon the principles of democracy, rule of law, 

25 and individual freedoms; 


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1 (2) the United States has encouraged and ad2 mired the European project, which has resulted in a 

3 common market and common policies, has achieved 

4 unprecedented prosperity and stability on the con5 tinent, and serves as a model for other countries to 

6 reform their institutions and prioritize 

7 anticorruption measures; 

8 (3) the relationships between the United States 

9 and Europe and the United States and Germany are 

10 critical to the national security interests of the United 

11 States as well as to global prosperity and peace, and 

12 Germany in particular is a crucial partner for the 

13 United States in multilateral efforts aimed at pro14 moting global prosperity and peace; 

15 (4) the United States should stand against any 

16 effort designed to weaken those relationships; and 

17 (5) Germany has demonstrated leadership within 

18 the European Union and in international fora to en19 sure that sanctions imposed with respect to the Rus20 sian Federation for its malign activities are main21 tained. 


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1 SEC. 3. IMPOSITION OF SANCTIONS WITH RESPECT TO PRO2 VISION OF CERTAIN VESSELS FOR THE CON3 STRUCTION OF CERTAIN RUSSIAN ENERGY 

4 EXPORT PIPELINES. 

5 (a) REPORT REQUIRED.— 

6 (1) IN GENERAL.—Not later than 60 days after 

7 the date of the enactment of this Act, and every 90 

8 days thereafter, the Secretary of State, in consultation 

9 with the Secretary of the Treasury, shall submit to the 

10 appropriate congressional committees a report that 

11 identifies, for the period specified in paragraph (2)— 

12 (A) vessels that engaged in pipe-laying at 

13 depths of 100 feet or more below sea level for the 

14 construction of the Nord Stream 2 pipeline 

15 project, the TurkStream pipeline project, or any 

16 project that is a successor to either such project; 

17 and 

18 (B) foreign persons that have— 

19 (i) knowingly sold, leased, or provided 

20 those vessels for the construction of such a 

21 project; or 

22 (ii) intentionally facilitated deceptive 

23 or structured transactions to provide those 

24 vessels for the construction of such a project. 

25 (2) PERIOD SPECIFIED.—The period specified in 

26 this paragraph is— 


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1 (A) in the case of the first report required 

2 to be submitted by paragraph (1), the period be3 ginning on the date of the enactment of this Act 

4 and ending on the date on which the report is 

5 submitted; and 

6 (B) in the case of any subsequent such re7 port, the 90-day period preceding submission of 

8 the report. 

9 (b) INADMISSIBILITY TO UNITED STATES OF IDENTI10 FIED PERSONS AND CORPORATE OFFICERS.—The Secretary 

11 of State shall deny a visa to, and the Secretary of Home12 land Security shall exclude from the United States, any 

13 alien who is— 

14 (1) a foreign person identified under subsection 

15 (a)(1)(B); 

16 (2) a corporate officer of a person described in 

17 paragraph (1); or 

18 (3) a principal shareholder with a controlling 

19 interest in a person described in paragraph (1). 

20 (c) BLOCKING OF PROPERTY OF IDENTIFIED PER21 SONS.—The President shall exercise all powers granted to 

22 the President by the International Emergency Economic 

23 Powers Act (50 U.S.C. 1701 et seq.) to the extent necessary 

24 to block and prohibit all transactions in all property and 

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1 section (a)(1)(B) if such property and interests in property 

2 are in the United States, come within the United States, 

3 or are or come within the possession or control of a United 

4 States person. 

5 (d) SANCTIONS FOR PROVISION OF UNDERWRITING

6 SERVICES OR INSURANCE OR REINSURANCE FOR IDENTI7 FIED VESSELS.— 

8 (1) IN GENERAL.—The President may impose 3 

9 or more of the sanctions described in paragraph (2) 

10 with respect to a foreign person if the President deter11 mines that the person knowingly, on or after the date 

12 of the enactment of this Act, provides significant un13 derwriting services or insurance or reinsurance for a 

14 vessel identified under subsection (a)(1)(A). 

15 (2) SANCTIONS DESCRIBED.—The sanctions that 

16 may be imposed with respect to a foreign person 

17 under paragraph (1) are the following: 

18 (A) EXPORT-IMPORT BANK ASSISTANCE FOR

19 EXPORTS TO SANCTIONED PERSONS.—The Presi20 dent may direct the Export-Import Bank of the 

21 United States not to give approval to the 

22 issuance of any guarantee, insurance, extension 

23 of credit, or participation in the extension of 

24 credit in connection with the export of any goods 

25 or services to the foreign person. 


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1 (B) EXPORT SANCTION.—The President 

2 may order the United States Government not to 

3 issue any specific license and not to grant any 

4 other specific permission or authority to export 

5 any goods or technology to the foreign person 

6 under— 

7 (i) the Export Control Reform Act of 

8 2018 (50 U.S.C. 4801 et seq.); 

9 (ii) the Arms Export Control Act (22 

10 U.S.C. 2751 et seq.); 

11 (iii) the Atomic Energy Act of 1954 

12 (42 U.S.C. 2011 et seq.); or 

13 (iv) any other statute that requires the 

14 prior review and approval of the United 

15 States Government as a condition for the 

16 export or reexport of goods or services. 

17 (C) LOANS FROM UNITED STATES FINAN18 CIAL INSTITUTIONS.—The United States Govern19 ment may prohibit any United States financial 

20 institution from making loans or providing cred21 its to the foreign person totaling more than 

22 $10,000,000 in any 12-month period unless such 

23 person is engaged in activities to relieve human 

24 suffering and the loans or credits are provided 

25 for such activities. 


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1 (D) PROHIBITIONS ON FINANCIAL INSTITU2 TIONS.—The following prohibitions may be im3 posed with respect to the foreign person if the 

4 foreign person is a financial institution: 

5 (i) PROHIBITION ON DESIGNATION AS

6 PRIMARY DEALER.—Neither the Board of 

7 Governors of the Federal Reserve System 

8 nor the Federal Reserve Bank of New York 

9 may designate, or permit the continuation 

10 of any prior designation of, such financial 

11 institution as a primary dealer in United 

12 States Government debt instruments. 

13 (ii) PROHIBITION ON SERVICE AS A

14 REPOSITORY OF GOVERNMENT FUNDS.— 

15 Such financial institution may not serve as 

16 an agent of the United States Government 

17 or serve as a repository for United States 

18 Government funds. 

19 The imposition of either sanction under clause 

20 (i) or (ii) shall be treated as 1 sanction for pur21 poses of paragraph (1), and the imposition of 

22 both such sanctions shall be treated as 2 sanc23 tions for purposes of paragraph (1). 

24 (E) PROCUREMENT SANCTION.—The United 

25 States Government may not procure, or enter 


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1 into any contract for the procurement of, any 

2 goods or services from the foreign person. 

3 (F) FOREIGN EXCHANGE.—The President 

4 may, pursuant to such regulations as the Presi5 dent may prescribe, prohibit any transactions in 

6 foreign exchange that are subject to the jurisdic7 tion of the United States and in which the for8 eign person has any interest. 

9 (G) BANKING TRANSACTIONS.—The Presi10 dent may, pursuant to such regulations as the 

11 President may prescribe, prohibit any transfers 

12 of credit or payments between financial institu13 tions or by, through, or to any financial institu14 tion, to the extent that such transfers or pay15 ments are subject to the jurisdiction of the 

16 United States and involve any interest of the for17 eign person. 

18 (H) PROPERTY TRANSACTIONS.—The Presi19 dent may, pursuant to such regulations as the 

20 President may prescribe, prohibit any person 

21 from— 

22 (i) acquiring, holding, withholding, 

23 using, transferring, withdrawing, trans24 porting, importing, or exporting any prop25 erty that is subject to the jurisdiction of the 


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1 United States and with respect to which the 

2 foreign person has any interest; 

3 (ii) dealing in or exercising any right, 

4 power, or privilege with respect to such 

5 property; or 

6 (iii) conducting any transaction in7 volving such property. 

8 (I) BAN ON INVESTMENT IN EQUITY OR

9 DEBT OF SANCTIONED PERSON.—The President 

10 may, pursuant to such regulations or guidelines 

11 as the President may prescribe, prohibit any 

12 United States person from investing in or pur13 chasing significant amounts of equity or debt in14 struments of the foreign person. 

15 (J) EXCLUSION OF CORPORATE OFFI16 CERS.—The President may direct the Secretary 

17 of State to deny a visa to, and the Secretary of 

18 Homeland Security to exclude from the United 

19 States, any alien that the President determines 

20 is a corporate officer or principal of, or a share21 holder with a controlling interest in, the foreign 

22 person. 

23 (K) SANCTIONS ON PRINCIPAL EXECUTIVE

24 OFFICERS.—The President may impose on the 

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1 eign person, or on persons performing similar 

2 functions and with similar authorities as such 

3 officer or officers, any of the sanctions under this 

4 paragraph. 

5 (e) WIND-DOWN PERIOD.—The President may not im6 pose sanctions under this section with respect to a person 

7 identified in the first report submitted under subsection (a) 

8 if the President certifies in that report that the person has, 

9 not later than 30 days after the date of the enactment of 

10 this Act, engaged in good faith efforts to wind down oper11 ations that would otherwise subject the person to the imposi12 tion of sanctions under this section. 

13 (f) EXCEPTIONS.— 

14 (1) EXCEPTION FOR INTELLIGENCE, LAW EN15 FORCEMENT, AND NATIONAL SECURITY ACTIVITIES.— 

16 Sanctions under this section shall not apply to any 

17 authorized intelligence, law enforcement, or national 

18 security activities of the United States. 

19 (2) EXCEPTION TO COMPLY WITH UNITED NA20 TIONS HEADQUARTERS AGREEMENT.—Sanctions 

21 under this section shall not apply with respect to the 

22 admission of an alien to the United States if the ad23 mission of the alien is necessary to permit the United 

24 States to comply with the Agreement regarding the 

25 Headquarters of the United Nations, signed at Lake 


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1 Success June 26, 1947, and entered into force Novem2 ber 21, 1947, between the United Nations and the 

3 United States, the Convention on Consular Relations, 

4 done at Vienna April 24, 1963, and entered into force 

5 March 19, 1967, or other applicable international ob6 ligations. 

7 (3) EXCEPTION FOR SAFETY OF VESSELS AND

8 CREW.—Sanctions under this section shall not apply 

9 with respect to a person providing provisions to a 

10 vessel identified under subsection (a)(1)(A) if such 

11 provisions are intended for the safety and care of the 

12 crew aboard the vessel, the protection of human life 

13 aboard the vessel, or the maintenance of the vessel to 

14 avoid any environmental or other significant damage. 

15 (4) EXCEPTION FOR REPAIR OR MAINTENANCE

16 OF PIPELINES.—Sanctions under this section shall 

17 not apply with respect to a person for engaging in ac18 tivities necessary for or related to the repair or main19 tenance of, or environmental remediation with respect 

20 to, a pipeline project described in subsection 

21 (a)(1)(A). 

22 (5) EXCEPTION RELATING TO IMPORTATION OF

23 GOODS.— 

24 (A) IN GENERAL.—A requirement or the au25 thority to block and prohibit all transactions in 


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1 all property and interests in property under this 

2 section shall not include the authority to impose 

3 sanctions on the importation of goods. 

4 (B) GOOD DEFINED.—In this paragraph, 

5 the term ‘‘good’’ means any article, natural or 

6 man-made substance, material, supply or manu7 factured product, including inspection and test 

8 equipment, and excluding technical data. 

9 (g) WAIVERS.— 

10 (1) NATIONAL INTEREST WAIVER FOR VISA

11 BAN.—The President may waive the application of 

12 sanctions under subsection (b) with respect to an 

13 alien if the President— 

14 (A) determines that the waiver is in the na15 tional interests of the United States; and 

16 (B) submits to the appropriate congres17 sional committees a report on the waiver and the 

18 reasons for the waiver. 

19 (2) NATIONAL SECURITY WAIVER FOR ECONOMIC

20 AND OTHER SANCTIONS.—The President may waive 

21 the application of sanctions under subsection (c) or 

22 (d) with respect to a person if the President— 

23 (A) determines that the waiver is in the na24 tional security interests of the United States; 

25 and 


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1 (B) submits to the appropriate congres2 sional committees a report on the waiver and the 

3 reasons for the waiver. 

4 (h) IMPLEMENTATION; PENALTIES.— 

5 (1) IMPLEMENTATION.—The President may exer6 cise all authorities provided to the President under 

7 sections 203 and 205 of the International Emergency 

8 Economic Powers Act (50 U.S.C. 1702 and 1704) to 

9 carry out this section. 

10 (2) PENALTIES.—A person that violates, at11 tempts to violate, conspires to violate, or causes a vio12 lation of this section or any regulation, license, or 

13 order issued to carry out this section shall be subject 

14 to the penalties set forth in subsections (b) and (c) of 

15 section 206 of the International Emergency Economic 

16 Powers Act (50 U.S.C. 1705) to the same extent as a 

17 person that commits an unlawful act described in 

18 subsection (a) of that section. 

19 (i) TERMINATION AND SUNSET.—The authority to im20 pose sanctions under this section with respect to a person 

21 involved in the construction of a pipeline project described 

22 in subsection (a)(1)(A), and any sanctions imposed under 

23 this section with respect to that project, shall terminate on 

24 the date that is the earlier of— 


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1 (1) the date on which the President certifies to 

2 the appropriate congressional committees that appro3 priate safeguards have been put in place— 

4 (A) to minimize the ability of the Govern5 ment of the Russian Federation to use that 

6 project as a tool of coercion and political lever7 age, including by achieving— 

8 (i) the unbundling of energy produc9 tion and transmission so that entities 

10 owned or controlled by that Government do 

11 not control the transmission network for the 

12 pipeline; 

13 (ii) transparency in the energy market 

14 of the Russian Federation; and 

15 (iii) effective regulatory oversight of 

16 that market; and 

17 (B) to ensure, barring unforeseen cir18 cumstances, that the project would not result in 

19 a decrease of more than 25 percent in the volume 

20 of Russian energy exports transiting through ex21 isting pipelines in other countries, particularly 

22 Ukraine, relative to the average monthly volume 

23 of Russian energy exports transiting through 

24 such pipelines in 2018; or 


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1 (2) the date that is 10 years after the date of the 

2 enactment of this Act. 

3 (j) DEFINITIONS.—In this section: 

4 (1) ADMISSION; ADMITTED; ALIEN.—The terms 

5 ‘‘admission’’, ‘‘admitted’’, and ‘‘alien’’ have the mean6 ings given those terms in section 101 of the Immigra7 tion and Nationality Act (8 U.S.C. 1101). 

8 (2) APPROPRIATE CONGRESSIONAL COMMIT9 TEES.—The term ‘‘appropriate congressional commit10 tees’’ means the Committee on Foreign Relations of 

11 the Senate and the Committee on Foreign Affairs of 

12 the House of Representatives. 

13 (3) FOREIGN PERSON.—The term ‘‘foreign per14 son’’ means an individual or entity that is not a 

15 United States person. 

16 (4) KNOWINGLY.—The term ‘‘knowingly’’, with 

17 respect to conduct, a circumstance, or a result, means 

18 that a person has actual knowledge, or should have 

19 known, of the conduct, the circumstance, or the result. 

20 (5) UNITED STATES PERSON.—The term ‘‘United 

21 States person’’ means— 

22 (A) a United States citizen or an alien law23 fully admitted for permanent residence to the 

24 United States; 


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1 (B) an entity organized under the laws of 

2 the United States or any jurisdiction within the 

3 United States, including a foreign branch of 

4 such an entity; or 

5 (C) any person within the United States. 

6 SEC. 4. LIST OF ENTITIES INVOLVED IN CONSTRUCTION OR 

7 REPAIR OF THE NORD STREAM 2 PIPELINE. 

8 (a) IN GENERAL.—Not later than 180 days after the 

9 date of the enactment of this Act, and annually thereafter 

10 until the date that is 6 years after such date of enactment, 

11 the Secretary of State, in consultation with the Secretary 

12 of the Treasury, shall submit to the appropriate congres13 sional committees (as defined in section 3(j)) a list of all 

14 entities, including financial institutions, directly or indi15 rectly providing significant goods, services, information, or 

16 technology for the construction or repair of the Nord Stream 

17 2 pipeline project. 

18 (b) FORM.—The list required by subsection (a) shall 

19 be submitted in unclassified form but may include a classi20 fied annex. 


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Calendar No. 169 

116TH CONGRESS 

1ST SESSION S. 1441 

A BILL 

To impose sanctions with respect to the provision 

energy export pipelines, and for other purposes. of certain vessels for the construction of Russian 

JULY 31, 2019 

Reported with an amendment 


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