[113th Congress Public Law 95]
[From the U.S. Government Publishing Office]
[[Page 1087]]
SUPPORT FOR THE SOVEREIGNTY, INTEGRITY, DEMOCRACY, AND ECONOMIC
STABILITY OF UKRAINE ACT OF 2014
[[Page 128 STAT. 1088]]
Public Law 113-95
113th Congress
An Act
To provide for the costs of loan guarantees for Ukraine. <<NOTE: Apr. 3,
2014 - [H.R. 4152]>>
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled, <<NOTE: Support for
the Sovereignty, Integrity, Democracy, and Economic Stability of Ukraine
Act of 2014. President. 22 USC 8901 note. 22 USC 8901.>>
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Support for the Sovereignty,
Integrity, Democracy, and Economic Stability of Ukraine Act of 2014''.
SEC. 2. DEFINITIONS.
In this Act:
(1) Alien.--The term ``alien'' has the meaning given that
term in section 101(a) of the Immigration and Nationality Act (8
U.S.C. 1101(a)).
(2) Appropriate congressional committees.--The term
``appropriate congressional committees'' means--
(A) the Committee on Foreign Relations, the Select
Committee on Intelligence, the Committee on
Appropriations, and the majority leader and minority
leader of the Senate; and
(B) the Committee on Foreign Affairs, the Permanent
Select Committee on Intelligence, the Committee on
Appropriations, and the Speaker and minority leader of
the House of Representatives.
(3) Materially assisted.--The term ``materially assisted''
means the provision of assistance that is significant and of a
kind directly relevant to acts described in paragraph (1), (2),
or (3) of section 8(a) or acts described in section 9(a)(1).
(4) United states person.--The term ``United States person''
means--
(A) a United States citizen or an alien lawfully
admitted for permanent residence to the United States;
or
(B) an entity organized under the laws of the United
States or of any jurisdiction within the United States,
including a foreign branch of such an entity.
SEC. <<NOTE: 22 USC 8902.>> 3. UNITED STATES POLICY TOWARD
UKRAINE.
It is the policy of the United States--
(1) to condemn the unjustified military intervention of the
Russian Federation in the Crimea region of Ukraine and its
concurrent occupation of that region, as well as any other form
of political, economic, or military aggression against Ukraine;
[[Page 128 STAT. 1089]]
(2) to reaffirm the commitment of the United States to, and
to remind Russia of its ongoing commitment to, the 1994 Budapest
Memorandum on Security Assurances, which was executed jointly
with the Russian Federation and the United Kingdom and
explicitly secures the independence, sovereignty, and
territorial integrity and borders of Ukraine, and to demand the
immediate cessation of improper activities, including the
seizures of airfields and other locations, and the immediate
return of Russian forces to their barracks;
(3) to work with United States partners in the European
Union, the North Atlantic Treaty Organization, and at the United
Nations to ensure that all nations recognize and not undermine,
nor seek to undermine, the independence, sovereignty, or
territorial or economic integrity of Ukraine;
(4) to use all appropriate economic elements of United
States national power, in coordination with United States
allies, to protect the independence, sovereignty, and
territorial and economic integrity of Ukraine;
(5) to support the people of Ukraine in their desire to
forge closer ties with Europe, including signing an Association
Agreement with the European Union as a means to address endemic
corruption, consolidate democracy, and achieve sustained
prosperity;
(6) to use the voice and vote of the United States to secure
sufficient resources through the International Monetary Fund to
support needed economic structural reforms in Ukraine under
conditions that will reinforce a sovereign decision by the
Government of Ukraine to sign and implement an association
agreement with the European Union;
(7) to help the Government of Ukraine prepare for the
presidential election in May 2014;
(8) to reinforce the efforts of the Government of Ukraine to
bring to justice those responsible for the acts of violence
against peaceful protestors and other unprovoked acts of
violence related to the antigovernment protests in that began on
November 21, 2013;
(9) to support the efforts of the Government of Ukraine to
recover and return to the Ukrainian state funds stolen by former
President Yanukovych, his family, and other current and former
members of the Ukrainian government and elites;
(10) to support the continued professionalization of the
Ukrainian military;
(11) to condemn economic extortion by the Russian Federation
against Ukraine, Moldova, Lithuania, and other countries in the
region designed to obstruct closer ties between the European
Union and the countries of the Eastern Partnership and to reduce
the harmful consequences of such extortion;
(12) to condemn the continuing and long-standing pattern and
practice by the Government of the Russian Federation of physical
and economic aggression toward neighboring countries;
(13) to enhance and extend our security cooperation with,
security assistance to, and military exercises conducted with,
states in Central and Eastern Europe, including North Atlantic
Treaty Organization (NATO) member countries, NATO aspirants, and
appropriate Eastern Partnership countries;
[[Page 128 STAT. 1090]]
(14) to reaffirm United States defense commitments to its
treaty allies under Article V of the North Atlantic Treaty;
(15) that the continued participation of the Russian
Federation in the Group of Eight (G-8) nations should be
conditioned on the Government of the Russian Federation
respecting the territorial integrity of its neighbors and
accepting and adhering to the norms and standards of free,
democratic societies as generally practiced by every other
member nation of the G-8 nations;
(16) to explore ways for the United States Government to
assist the countries of Central and Eastern Europe to diversify
their energy sources and achieve energy security; and
(17) to ensure the United States maintains its predominant
leadership position and influence within the International
Monetary Fund, and to guarantee the International Monetary Fund
has the resources and governance structure necessary to support
structural reforms in Ukraine and respond to and prevent a
potentially serious financial crisis in Ukraine or other foreign
economic crises that threatens United States national security.
SEC. <<NOTE: 22 USC 8903.>> 4. PROVISION OF COSTS OF LOAN
GUARANTEES FOR UKRAINE.
(a) In General.--From the unobligated balance of amounts
appropriated or otherwise made available under the heading ``economic
support fund'' under the heading ``Funds Appropriated to the President''
in title III of the Department of State, Foreign Operations, and Related
Programs Appropriations Act, 2014 (division K of Public Law 113-76) and
in Acts making appropriations for the Department of State, foreign
operations, and related programs for preceding fiscal years (other than
amounts designated pursuant to section 251(b)(2)(A) of the Balanced
Budget and Emergency Deficit Control Act of 1985 (2 U.S.C.
901(b)(2)(A))), amounts shall be made available for the costs (as
defined in section 502 of the Congressional Budget Act of 1974 (2 U.S.C.
661a)) of loan guarantees for Ukraine that are hereby authorized to be
provided under this Act.
(b) Inapplicability of Certain Limitations.--Amounts made available
for the costs of loan guarantees for Ukraine pursuant to subsection (a)
shall not be considered ``assistance'' for the purpose of provisions of
law limiting assistance to Ukraine.
SEC. <<NOTE: Coordination. 22 USC 8904.>> 5. RECOVERY OF ASSETS
LINKED TO GOVERNMENTAL CORRUPTION IN UKRAINE.
(a) <<NOTE: Viktor Yanukovych.>> Asset Recovery.--The Secretary of
State, in coordination with the Attorney General and the Secretary of
the Treasury, shall assist, on an expedited basis as appropriate, the
Government of Ukraine to identify, secure, and recover assets linked to
acts of corruption by Viktor Yanukovych, members of his family, or other
former or current officials of the Government of Ukraine or their
accomplices in any jurisdiction through appropriate programs, including
the Kleptocracy Asset Recovery Initiative of the Department of Justice.
(b) Coordination.--Any asset recovery efforts undertaken pursuant to
subsection (a) shall be coordinated through the relevant bilateral or
multilateral entities, including, as appropriate, the Egmont Group of
Financial Intelligence Units, the Stolen Asset Recovery Initiative of
the World Bank Group and the United Nations Office on Drugs and Crime,
the Camden Asset Recovery
[[Page 128 STAT. 1091]]
Inter-Agency Network, and the Global Focal Point Initiative of the
International Criminal Police Organization (INTERPOL).
(c) Investigative Assistance.--The Secretary of State, in
coordination with the Attorney General, shall assist the Government of
Ukraine, the European Union, and other appropriate countries, on an
expedited basis, with formal and informal investigative assistance and
training, as appropriate, to support the identification, seizure, and
return to the Government of Ukraine of assets linked to acts of
corruption.
(d) Priority Assigned.--The Secretary of the Treasury shall ensure
that the Financial Crimes Enforcement Network of the Department of the
Treasury assists the Government of Ukraine, the European Union, and
other appropriate countries under section 314(a) of the Uniting and
Strengthening America by Providing Appropriate Tools Required to
Intercept and Obstruct Terrorism Act of 2001 (31 U.S.C. 5311 note).
SEC. <<NOTE: 22 USC 8905.>> 6. DEMOCRACY, CIVIL SOCIETY,
GOVERNANCE, AND TECHNICAL ASSISTANCE FOR
UKRAINE AND OTHER STATES IN CENTRAL AND
EASTERN EUROPE.
(a) In General.--The Secretary of State shall, subject to the
availability of appropriations, directly or through nongovernmental
organizations--
(1) improve democratic governance, transparency,
accountability, rule of law, and anti-corruption efforts in
Ukraine;
(2) support efforts by the Government of Ukraine to foster
greater unity among the people and regions of the country;
(3) support the people and Government of Ukraine in
preparing to conduct and contest free and fair elections,
including through domestic and international election
monitoring;
(4) assist in diversifying Ukraine's economy, trade, and
energy supplies, including at the national, regional, and local
levels;
(5) strengthen democratic institutions and political and
civil society organizations in Ukraine;
(6) expand free and unfettered access to independent media
of all kinds in Ukraine and assist with the protection of
journalists and civil society activists who have been targeted
for free speech activities;
(7) support political and economic reform initiatives by
Eastern Partnership countries; and
(8) support the efforts of the Government of Ukraine, civil
society, and international organizations to enhance the economic
and political empowerment of women in Ukraine and to prevent and
address violence against women and girls in Ukraine, and support
the inclusion of women in Ukraine in any negotiations to restore
Ukraine's security, independence, sovereignty, or territorial or
economic integrity.
(b) Authorization of Appropriations.--There is authorized to be
appropriated to the Secretary of State $50,000,000 for fiscal year 2015
to carry out the activities set forth in subsection (a). Amounts
appropriated for the activities set forth in subsection (a) shall be
used pursuant to the authorization and requirements contained in this
section. Additional amounts may be authorized to be appropriated under
other provisions of law.
(c) <<NOTE: Deadline.>> Strategy Requirement.--Not later than 60
days after the date of the enactment of this Act, the President shall
submit to
[[Page 128 STAT. 1092]]
the appropriate congressional committees a strategy to carry out the
activities set forth in subsection (a).
(d) Notification Requirement.--
(1) <<NOTE: Time period.>> In general.--Funds appropriated
or otherwise made available pursuant to subsection (b) may not
be obligated until 15 days after the date on which the President
has provided notice of intent to obligate such funds to the
appropriate congressional committees.
(2) <<NOTE: Determination. Deadline.>> Waiver.--The
President may waive the notification requirement under paragraph
(1) if the President determines that failure to do so would pose
a substantial risk to human health or welfare, in which case
notification shall be provided as early as practicable, but in
no event later than three days after taking the action to which
such notification requirement was applicable in the context of
the circumstances necessitating such waiver.
SEC. <<NOTE: 22 USC 8906.>> 7. ENHANCED SECURITY COOPERATION WITH
UKRAINE AND OTHER COUNTRIES IN CENTRAL AND
EASTERN EUROPE.
(a) In General.--The President shall, subject to the availability of
appropriations--
(1) enhance security cooperation efforts and relationships
amongst countries in Central and Eastern Europe and among the
United States, the European Union, and countries in Central and
Eastern Europe;
(2) provide additional security assistance, including
defense articles and defense services (as those terms are
defined in section 47 of the Arms Export Control Act (22 U.S.C.
2794)) and military training, to countries in Central and
Eastern Europe, including Ukraine; and
(3) support greater reform, professionalism, and capacity-
building efforts within the military, intelligence, and security
services in Central and Eastern Europe, including Ukraine.
(b) Authorization of Appropriations.--There is authorized to be
appropriated to the President a total of $100,000,000 for fiscal years
2015 through 2017 to carry out this section. Amounts appropriated for
the activities set forth in subsection (a) shall be used pursuant to the
authorization and requirements contained in this section. Additional
amounts may be authorized to be appropriated under other provisions of
law.
(c) <<NOTE: Deadline.>> Strategy Requirement.--Not later than 60
days after the date of the enactment of this Act, the President shall
submit to the appropriate congressional committees a strategy to carry
out the activities set forth in subsection (a).
(d) Notification Requirement.--
(1) <<NOTE: Time period.>> In general.--Funds appropriated
or otherwise made available pursuant to subsection (b) may not
be obligated until 15 days after the date on which the President
has provided notice of intent to obligate such funds to the
appropriate congressional committees and the Committees on Armed
Services of the Senate and the House of Representatives.
(2) <<NOTE: Determination. Deadline.>> Waiver.--The
President may waive the notification requirement under paragraph
(1) if the President determines that failure to do so would pose
a substantial risk to human health or welfare, in which case
notification shall be provided as early as practicable, but in
no event later than three days after taking the action to which
such notification requirement
[[Page 128 STAT. 1093]]
was applicable in the context of the circumstances necessitating
such waiver.
SEC. <<NOTE: 22 USC 8907.>> 8. SANCTIONS ON PERSONS RESPONSIBLE
FOR VIOLENCE OR UNDERMINING THE PEACE,
SECURITY, STABILITY, SOVEREIGNTY, OR
TERRITORIAL INTEGRITY OF UKRAINE.
(a) <<NOTE: Determinations.>> In General.--The President shall
impose the sanctions described in subsection (b) with respect to--
(1) any person, including a current or former official of
the Government of Ukraine or a person acting on behalf of that
Government, that the President determines has perpetrated, or is
responsible for ordering, controlling, or otherwise directing,
significant acts of violence or gross human rights abuses in
Ukraine against persons associated with the antigovernment
protests in Ukraine that began on November 21, 2013;
(2) any person that the President determines has
perpetrated, or is responsible for ordering, controlling, or
otherwise directing, significant acts that are intended to
undermine the peace, security, stability, sovereignty, or
territorial integrity of Ukraine, including acts of economic
extortion;
(3) any official of the Government of the Russian
Federation, or a close associate or family member of such an
official, that the President determines is responsible for,
complicit in, or responsible for ordering, controlling, or
otherwise directing, acts of significant corruption in Ukraine,
including the expropriation of private or public assets for
personal gain, corruption related to government contracts or the
extraction of natural resources, bribery, or the facilitation or
transfer of the proceeds of corruption to foreign jurisdictions;
and
(4) any individual that the President determines materially
assisted, sponsored, or provided financial, material, or
technological support for, or goods or services in support of,
the commission of acts described in paragraph (1), (2), or (3).
(b) Sanctions Described.--
(1) In general.--The sanctions described in this subsection
are the following:
(A) Asset blocking.--The exercise of all powers
granted to the President by the International Emergency
Economic Powers Act (50 U.S.C. 1701 et seq.) to the
extent necessary to block and prohibit all transactions
in all property and interests in property of a person
determined by the President to be subject to subsection
(a) if such property and interests in property are in
the United States, come within the United States, or are
or come within the possession or control of a United
States person.
(B) Exclusion from the united states and revocation
of visa or other documentation.--In the case of an alien
determined by the President to be subject to subsection
(a), denial of a visa to, and exclusion from the United
States of, the alien, and revocation in accordance with
section 221(i) of the Immigration and Nationality Act (8
U.S.C. 1201(i)), of any visa or other documentation of
the alien.
(2) Penalties.--A person that violates, attempts to violate,
conspires to violate, or causes a violation of paragraph (1)(A)
[[Page 128 STAT. 1094]]
or any regulation, license, or order issued to carry out
paragraph (1)(A) shall be subject to the penalties set forth in
subsections (b) and (c) of section 206 of the International
Emergency Economic Powers Act (50 U.S.C. 1705) to the same
extent as a person that commits an unlawful act described in
subsection (a) of that section.
(3) Exception relating to the importation of goods.--
(A) In general.--The requirement to block and
prohibit all transactions in all property and interests
in property under paragraph (1)(A) shall not include the
authority to impose sanctions on the importation of
goods.
(B) Good defined.--In this paragraph, the term
``good'' has the meaning given that term in section 16
of the Export Administration Act of 1979 (50 U.S.C. App.
2415) (as continued in effect pursuant to the
International Emergency Economic Powers Act (50 U.S.C.
1701 et seq.)).
(4) Exception to comply with united nations headquarters
agreement.--Sanctions under paragraph (1)(B) shall not apply to
an alien if admitting the alien into the United States is
necessary to permit the United States to comply with the
Agreement regarding the Headquarters of the United Nations,
signed at Lake Success June 26, 1947, and entered into force
November 21, 1947, between the United Nations and the United
States, or other applicable international obligations.
(c) <<NOTE: Determination.>> Waiver.--The President may waive the
application of sanctions under subsection (b) with respect to a person
if the President--
(1) determines that such a waiver is in the national
security interests of the United States; and
(2) <<NOTE: Notification.>> on or before the date on which
the waiver takes effect, submits to the Committee on Foreign
Relations and the Committee on Banking, Housing, and Urban
Affairs of the Senate and the Committee on Foreign Affairs and
the Committee on Financial Services of the House of
Representatives a notice of and a justification for the waiver.
(d) Regulatory Authority.--The President shall issue such
regulations, licenses, and orders as are necessary to carry out this
section.
SEC. <<NOTE: 22 USC 8908.>> 9. SANCTIONS ON PERSONS IN THE
RUSSIAN FEDERATION COMPLICIT IN OR RESPONSIBLE
FOR SIGNIFICANT CORRUPTION.
(a) In General.--The President is authorized and encouraged to
impose the sanctions described in subsection (b) with respect to--
(1) any official of the Government of the Russian
Federation, or a close associate or family member of such an
official, that the President determines is responsible for, or
complicit in, or responsible for ordering, controlling, or
otherwise directing, acts of significant corruption in the
Russian Federation, including the expropriation of private or
public assets for personal gain, corruption related to
government contracts or the extraction of natural resources,
bribery, or the facilitation or transfer of the proceeds of
corruption to foreign jurisdictions; and
(2) any individual who has materially assisted, sponsored,
or provided financial, material, or technological support for,
[[Page 128 STAT. 1095]]
or goods or services in support of, an act described in
paragraph (1).
(b) Sanctions Described.--
(1) In general.--The sanctions described in this subsection
are the following:
(A) Asset blocking.--The exercise of all powers
granted to the President by the International Emergency
Economic Powers Act (50 U.S.C. 1701 et seq.) to the
extent necessary to block and prohibit all transactions
in all property and interests in property of a person
determined by the President to be subject to subsection
(a) if such property and interests in property are in
the United States, come within the United States, or are
or come within the possession or control of a United
States person.
(B) Exclusion from the united states and revocation
of visa or other documentation.--In the case of an alien
determined by the President to be subject to subsection
(a), denial of a visa to, and exclusion from the United
States of, the alien, and revocation in accordance with
section 221(i) of the Immigration and Nationality Act (8
U.S.C. 1201(i)), of any visa or other documentation of
the alien.
(2) Penalties.--A person that violates, attempts to violate,
conspires to violate, or causes a violation of paragraph (1)(A)
or any regulation, license, or order issued to carry out
paragraph (1)(A) shall be subject to the penalties set forth in
subsections (b) and (c) of section 206 of the International
Emergency Economic Powers Act (50 U.S.C. 1705) to the same
extent as a person that commits an unlawful act described in
subsection (a) of that section.
(3) Exception relating to the importation of goods.--
(A) In general.--The authority to block and prohibit
all transactions in all property and interests in
property under paragraph (1)(A) shall not include the
authority to impose sanctions on the importation of
goods.
(B) Good defined.--In this paragraph, the term
``good'' has the meaning given that term in section 16
of the Export Administration Act of 1979 (50 U.S.C. App.
2415) (as continued in effect pursuant to the
International Emergency Economic Powers Act (50 U.S.C.
1701 et seq.)).
(4) Exception to comply with united nations headquarters
agreement.--Sanctions under paragraph (1)(B) shall not apply to
an alien if admitting the alien into the United States is
necessary to permit the United States to comply with the
Agreement regarding the Headquarters of the United Nations,
signed at Lake Success June 26, 1947, and entered into force
November 21, 1947, between the United Nations and the United
States, or other applicable international obligations.
(c) <<NOTE: Determination.>> Waiver.--The President may waive the
application of sanctions under subsection (b) with respect to a person
if the President--
(1) determines that such a waiver is in the national
security interests of the United States; and
(2) <<NOTE: Notification.>> on or before the date on which
the waiver takes effect, submits to the Committee on Foreign
Relations and the Committee on Banking, Housing, and Urban
Affairs of the Senate and the Committee on Foreign Affairs and
the Committee on
[[Page 128 STAT. 1096]]
Financial Services of the House of Representatives a notice of
and a justification for the waiver.
(d) Regulatory Authority.--The President shall issue such
regulations, licenses, and orders as are necessary to carry out this
section.
SEC. <<NOTE: 22 USC 8909.>> 10. ANNUAL REPORT ON MILITARY AND
SECURITY DEVELOPMENTS INVOLVING THE RUSSIAN
FEDERATION.
(a) <<NOTE: Classified information. Time period.>> Report.--Not
later than June 1, 2015, and June 1 of each year thereafter through
2020, the Secretary of Defense shall submit to the specified
congressional committees a report, in both classified and unclassified
form, on the current and future military power of the Russian Federation
(in this section referred to as ``Russia''). The report shall address
the current and probable future course of military-technological
development of the Russian military, the tenets and probable development
of the security strategy and military strategy of the Government of
Russia, and military organizations and operational concepts, for the 20-
year period following submission of such report.
(b) Matters To Be Included.--The report required under subsection
(a) shall include the following:
(1) An assessment of the security situation in regions
neighboring Russia.
(2) The goals and factors shaping the security strategy and
military strategy of the Government of Russia.
(3) Trends in Russian security and military behavior that
would be designed to achieve, or that are consistent with, the
goals described in paragraph (2).
(4) An assessment of the global and regional security
objectives of the Government of Russia, including objectives
that would affect the North Atlantic Treaty Organization, the
Middle East, or the People's Republic of China.
(5) A detailed assessment of the sizes, locations, and
capabilities of the nuclear, special operations, land, sea, and
air forces of the Government of Russia.
(6) Developments in Russian military doctrine and training.
(7) An assessment of the proliferation activities of the
Government of Russia and Russian entities, as a supplier of
materials, technologies, or expertise relating to nuclear
weapons or other weapons of mass destruction or missile systems.
(8) Developments in the asymmetric capabilities of the
Government of Russia, including its strategy and efforts to
develop and deploy cyberwarfare and electronic warfare
capabilities, details on the number of malicious cyber incidents
originating from Russia against Department of Defense
infrastructure, and associated activities originating or
suspected of originating from Russia.
(9) The strategy and capabilities of space and counterspace
programs in Russia, including trends, global and regional
activities, the involvement of military and civilian
organizations, including state-owned enterprises, academic
institutions, and commercial entities, and efforts to develop,
acquire, or gain access to advanced technologies that would
enhance Russian military capabilities.
(10) Developments in Russia's nuclear program, including the
size and state of Russia's stockpile, its nuclear strategy
[[Page 128 STAT. 1097]]
and associated doctrines, its civil and military production
capacities, and projections of its future arsenals.
(11) A description of the anti-access and area denial
capabilities of the Government of Russia.
(12) A description of Russia's command, control,
communications, computers, intelligence, surveillance, and
reconnaissance modernization program and its applications for
Russia's precision guided weapons.
(13) In consultation with the Secretary of Energy and the
Secretary of State, developments regarding United States-Russian
engagement and cooperation on security matters.
(14) Other military and security developments involving
Russia that the Secretary of Defense considers relevant to
United States national security.
(c) Specified Congressional Committees Defined.--In this section,
the term ``specified congressional committees'' means--
(1) the Committee on Foreign Relations, the Committee on
Armed Services, the Select Committee on Intelligence, and the
majority leader and minority leader of the Senate; and
(2) the Committee on Foreign Affairs, the Committee on Armed
Services, the Permanent Select Committee on Intelligence, and
the Speaker and minority leader of the House of Representatives.
Approved April 3, 2014.
LEGISLATIVE HISTORY--H.R. 4152:
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CONGRESSIONAL RECORD, Vol. 160 (2014):
Mar. 6, considered and passed House.
Mar. 25, 27, considered and passed Senate, amended.
Apr. 1, House concurred in Senate amendment.
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