Transferring Illicit Assets to Ukraine Act of 2023

II 118TH CONGRESS 1ST SESSION S. 1905 To expand the categories of forfeited property available to remediate harms to Ukraine from Russian aggression, and for other purposes. IN THE SENATE OF THE UNITED STATES JUNE 8, 2023 Mr. MANCHIN (for himself, Mr. GRAHAM, Mr. BLUMENTHAL, Mr. ROUNDS, and Ms. MURKOWSKI) introduced the following bill; which was read twice and referred to the Committee on Foreign Relations A BILL To expand the categories of forfeited property available to remediate harms to Ukraine from Russian aggression, and for other purposes. Be it enacted by the Senate and House of Representa- 1 tives of the United States of America in Congress assembled, 2 SECTION 1. SHORT TITLE. 3 This Act may be cited as the ‘‘Transferring Illicit As- 4 sets to Ukraine Act of 2023’’. 5 VerDate Sep 11 2014 05:07 Jul 01, 2023 Jkt 039200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\S1905.IS S1905 kjohnson on DSK79L0C42PROD with BILLS 2 •S 1905 IS SEC. 2. EXPANSION OF FORFEITED PROPERTY AVAILABLE 1 TO REMEDIATE HARMS TO UKRAINE FROM 2 RUSSIAN AGGRESSION. 3 (a) IN GENERAL.—Subsection (c) of section 1708 of 4 the Additional Ukraine Supplemental Appropriations Act, 5 2023 (division M of Public Law 117–328) is amended— 6 (1) in paragraph (2), by striking ‘‘which prop- 7 erty belonged’’ and all that follows and inserting the 8 following: ‘‘which property— 9 ‘‘(A) belonged to, was possessed by, or was 10 controlled by a person subject to sanctions im- 11 posed by the United States with respect to the 12 Russian Federation under any provision of law; 13 ‘‘(B) was involved in an act in violation 14 of— 15 ‘‘(i) any sanction described in sub- 16 paragraph (A); or 17 ‘‘(ii) any restriction on the export, re- 18 export, or in-country transfer of items im- 19 posed by the United States under the Ex- 20 port Administration Regulations, or any 21 restriction on the export, reexport, or re- 22 transfer of defense articles under the 23 International Traffic in Arms Regulations 24 under subchapter M of chapter I of title 25 VerDate Sep 11 2014 05:07 Jul 01, 2023 Jkt 039200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\S1905.IS S1905 kjohnson on DSK79L0C42PROD with BILLS 3 •S 1905 IS 22, Code of Federal Regulations, with re- 1 spect to— 2 ‘‘(I) the Russian Federation, 3 Belarus, the Crimea, or the so-called 4 Donetsk and Luhansk People’s Re- 5 public regions of Ukraine; 6 ‘‘(II) any person in any such 7 country or region on a restricted par- 8 ties list; or 9 ‘‘(III) any person located in any 10 other country that has been added to 11 a restricted parties list in connection 12 with the malign conduct of the Rus- 13 sian Federation in Ukraine, including 14 the annexation of the Crimea region 15 of Ukraine in March 2014 and the in- 16 vasion beginning in February 2022 of 17 Ukraine, as substantially enabled by 18 Belarus; or 19 ‘‘(C) was involved in any related con- 20 spiracy, scheme, or other Federal offense aris- 21 ing from the actions of, or doing business with 22 or acting on behalf of, the Russian Federation, 23 Belarus, or the Crimea, or the so-called 24 VerDate Sep 11 2014 05:07 Jul 01, 2023 Jkt 039200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\S1905.IS S1905 kjohnson on DSK79L0C42PROD with BILLS 4 •S 1905 IS Donetsk and Luhansk People’s Republic re- 1 gions of Ukraine.’’; and 2 (2) by adding at the end the following: 3 ‘‘(3) The term ‘Export Administration Regula- 4 tions’ has the meaning given that term in section 5 1742 of the Export Control Reform Act of 2018 (50 6 U.S.C. 4801). 7 ‘‘(4) The term ‘restricted parties list’ means 8 any of the following lists maintained by the Bureau 9 of Industry and Security: 10 ‘‘(A) The Entity List set forth in Supple- 11 ment No. 4 to part 744 of the Export Adminis- 12 tration Regulations. 13 ‘‘(B) The Denied Persons List maintained 14 pursuant to section 764.3(a)(2) of the Export 15 Administration Regulations. 16 ‘‘(C) The Unverified List set forth in Sup- 17 plement No. 6 to part 744 of the Export Ad- 18 ministration Regulations.’’. 19 (b) SEMIANNUAL REPORTS.—Such section is further 20 amended— 21 (1) by redesignating subsections (c) and (d) as 22 subsections (d) and (e), respectively; and 23 (2) by inserting after subsection (b) the fol- 24 lowing: 25 VerDate Sep 11 2014 05:07 Jul 01, 2023 Jkt 039200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\S1905.IS S1905 kjohnson on DSK79L0C42PROD with BILLS 5 •S 1905 IS ‘‘(c) Not later than 180 days after the date of the 1 enactment of the Transferring Illicit Assets to Ukraine 2 Act of 2023, and every 180 days thereafter, the Attorney 3 General, in consultation with the Secretary of the Treas- 4 ury and the Secretary of State, shall submit to the appro- 5 priate congressional committees a report on— 6 ‘‘(1) transfers made under subsection (a) dur- 7 ing the 180 days preceding submission of the report; 8 and 9 ‘‘(2) progress made in remediating the harms of 10 Russian aggression towards Ukraine as a result of 11 such transfers.’’. 12 (c) PLAN REQUIRED.— 13 (1) IN GENERAL.—Not later than 30 days after 14 the date of the enactment of this Act, the Attorney 15 General, in consultation with the Secretary of the 16 Treasury and the Secretary of State, shall submit to 17 the appropriate congressional committees a plan for 18 using the authority provided by section 1708 of the 19 Additional Ukraine Supplemental Appropriations 20 Act, 2023, as amended by this section. 21 (2) APPROPRIATE CONGRESSIONAL COMMIT- 22 TEES DEFINED.—In this section, the term ‘‘appro- 23 priate congressional committees’’ has the meaning 24 given that term by section 1708 of the Additional 25 VerDate Sep 11 2014 05:07 Jul 01, 2023 Jkt 039200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\S1905.IS S1905 kjohnson on DSK79L0C42PROD with BILLS 6 •S 1905 IS Ukraine Supplemental Appropriations Act, 2023, as 1 amended by this section. 2 Æ VerDate Sep 11 2014 05:07 Jul 01, 2023 Jkt 039200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6301 E:\BILLS\S1905.IS S1905 kjohnson on DSK79L0C42PROD with BILLS