II 118th CONGRESS 1st Session S. 3359 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. Short title This Act may be cited as the Asset Seizure for Ukraine Reconstruction Act . 2. National emergency declaration relating to harmful activities of Russian Federation relating to Ukraine The procedures under section 3 shall apply if the President— (1) declares a national emergency under section 201 of the National Emergencies Act ( 50 U.S.C. 1621 ) with respect to actions of the Government of the Russian Federation or nationals of the Russian Federation that threaten the peace, security, stability, sovereignty, or territorial integrity of Ukraine; and (2) declares that the use of the procedures under section 3 are necessary as a response to the national emergency. 3. Procedures (a) Nonjudicial forfeiture Property may be forfeited through nonjudicial civil forfeiture under section 609 of the Tariff Act of 1930 ( 19 U.S.C. 1609 ), without regard to limitation under section 607(a)(1) of that Act ( 19 U.S.C. 1607(a)(1) ), if— (1) the President makes the declaration described in section 2; and (2) the Attorney General, or a designee, makes the certification described in subsection (b) with respect to the property. (b) Certification After seizure of property and prior to forfeiture of the property under subsection (a), the Attorney General, or a designee, shall certify that, upon forfeiture, the property will be covered forfeited property (as defined in section 1708(c) of the Additional Ukraine Supplemental Appropriations Act, 2023 (division M of Public Law 117–328 ; 136 Stat. 5200), as amended by this Act). 4. Expansion of forfeited property available to remediate harms to Ukraine from Russian aggression (a) In general Section 1708(c) of the Additional Ukraine Supplemental Appropriations Act, 2023 (division M of Public Law 117–328 ; 136 Stat. 5200) is amended— (1) in paragraph (2), by striking which property belonged and all that follows and inserting the following: ‘‘which property— (A) belonged to, was possessed by, or was controlled by a person the property or interests in property of which were blocked pursuant to any license, order, regulation, or prohibition imposed by the United States under the authority provided by the International Emergency Economic Powers Act ( 50 U.S.C. 1701 et seq. ) or any other provision of law, with respect to— (i) the Russian Federation; or (ii) actions or policies that undermine the democratic processes and institutions in Ukraine or threaten the peace, security, stability, sovereignty, or territorial integrity of Ukraine; (B) was involved in an act in violation of or a conspiracy or scheme to violate— (i) any license, order, regulation, or prohibition described in subparagraph (A); or (ii) any restriction on the export, reexport, or in-country transfer of items imposed by the United States under the Export Administration Regulations, or any restriction on the export, reexport, or retransfer of defense articles under the International Traffic in Arms Regulations under subchapter M of chapter I of title 22, Code of Federal Regulations, with respect to— (I) the Russian Federation, Belarus, the Crimea region of Ukraine, or the so-called Donetsk People's Republic or Luhansk People’s Republic regions of Ukraine; (II) any person in any such country or region on a restricted parties list; or (III) any person located in any other country that has been added to a restricted parties list in connection with the malign conduct of the Russian Federation in Ukraine, including the annexation of the Crimea region of Ukraine in March 2014 and the invasion beginning in February 2022 of Ukraine, as substantially enabled by Belarus; or (C) was involved in any related conspiracy, scheme, or other Federal offense arising from the actions of, or doing business with or acting on behalf of, the Russian Federation, Belarus, the Crimea region of Ukraine, or the so-called Donetsk People's Republic or Luhansk People’s Republic regions of Ukraine. ; and (2) by adding at the end the following: (3) The term Export Administration Regulations has the meaning given that term in section 1742 of the Export Control Reform Act of 2018 ( 50 U.S.C. 4801 ). (4) The term restricted parties list means any of the following lists maintained by the Bureau of Industry and Security: (A) The Entity List set forth in Supplement No. 4 to part 744 of the Export Administration Regulations. (B) The Denied Persons List maintained pursuant to section 764.3(a)(2) of the Export Administration Regulations. (C) The Unverified List set forth in Supplement No. 6 to part 744 of the Export Administration Regulations. . (b) Extension of authority Section 1708(d) of the Additional Ukraine Supplemental Appropriations Act, 2023 is amended by striking May 1, 2025 and inserting the date that is 3 years after the date of the enactment of the Asset Seizure for Ukraine Reconstruction Act . 5. Rulemaking The Attorney General and the Secretary of the Treasury may prescribe regulations to carry out this Act without regard to the requirements of section 553 of title 5, United States Code. 6. Termination (a) In general The provisions of this Act shall terminate on the date that is 3 years after the date of the enactment of this Act. (b) Savings provision The termination of this Act under subsection (a) shall not— (1) terminate the applicability of the procedures under this Act to any property seized prior to the date of the termination under subsection (a); or (2) moot any legal action taken or pending legal proceeding not finally concluded or determined on that date.