S1905-118

1. Short title This Act may be cited as the Transferring Illicit Assets to Ukraine Act of 2023.

2. Expansion of forfeited property available to remediate harms to Ukraine from Russian aggression Subsection (c) of section 1708 of the Additional Ukraine Supplemental Appropriations Act, 2023 (division M of Public Law 117–328) is amended— in paragraph (2), by striking which property belonged and all that follows and inserting the following: which property— belonged to, was possessed by, or was controlled by a person subject to sanctions imposed by the United States with respect to the Russian Federation under any provision of law; was involved in an act in violation of— any sanction described in subparagraph (A); or 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— the Russian Federation, Belarus, the Crimea, or the so-called Donetsk and Luhansk People’s Republic regions of Ukraine; any person in any such country or region on a restricted parties list; or 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 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, or the Crimea, or the so-called Donetsk and Luhansk People’s Republic regions of Ukraine. by adding at the end the following: 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). The term restricted parties list means any of the following lists maintained by the Bureau of Industry and Security: The Entity List set forth in Supplement No. 4 to part 744 of the Export Administration Regulations. The Denied Persons List maintained pursuant to section 764.3(a)(2) of the Export Administration Regulations. The Unverified List set forth in Supplement No. 6 to part 744 of the Export Administration Regulations. Such section is further amended— by redesignating subsections (c) and (d) as subsections (d) and (e), respectively; and by inserting after subsection (b) the following: Not later than 180 days after the date of the enactment of the Transferring Illicit Assets to Ukraine Act of 2023, and every 180 days thereafter, the Attorney General, in consultation with the Secretary of the Treasury and the Secretary of State, shall submit to the appropriate congressional committees a report on— transfers made under subsection (a) during the 180 days preceding submission of the report; and progress made in remediating the harms of Russian aggression towards Ukraine as a result of such transfers. Not later than 30 days after the date of the enactment of this Act, the Attorney General, in consultation with the Secretary of the Treasury and the Secretary of State, shall submit to the appropriate congressional committees a plan for using the authority provided by section 1708 of the Additional Ukraine Supplemental Appropriations Act, 2023, as amended by this section. In this section, the term appropriate congressional committees has the meaning given that term by section 1708 of the Additional Ukraine Supplemental Appropriations Act, 2023, as amended by this section. which property—(A)belonged to, was possessed by, or was controlled by a person subject to sanctions imposed by the United States with respect to the Russian Federation under any provision of law; (B)was involved in an act in violation of—(i)any sanction 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, or the so-called Donetsk and 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, or the Crimea, or the so-called Donetsk and Luhansk People’s Republic regions of Ukraine.; and (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.. (c)Not later than 180 days after the date of the enactment of the Transferring Illicit Assets to Ukraine Act of 2023, and every 180 days thereafter, the Attorney General, in consultation with the Secretary of the Treasury and the Secretary of State, shall submit to the appropriate congressional committees a report on—(1)transfers made under subsection (a) during the 180 days preceding submission of the report; and(2)progress made in remediating the harms of Russian aggression towards Ukraine as a result of such transfers..