S.Amdt. 3768

This amendment, titled the Deterring Adversary Ill-Gotten Gains Act, aims to add a new subtitle to the bill focused on the Seizure and Forfeiture of Assets of Russian Kleptocrats.

The amendment proposes the following changes and additions:

• Nonjudicial Forfeiture: It allows property subject to forfeiture under title 18, United States Code, to be forfeited through nonjudicial civil forfeiture if the Attorney General or a designee provides a specific certification.

• Expansion of Forfeited Property: It expands the definition of property available to remediate harms to Ukraine. This includes property that:

  • Belonged to, was possessed by, or was controlled by persons whose property was blocked under the International Emergency Economic Powers Act or other laws regarding the Russian Federation or actions threatening Ukraine.
  • Was involved in violating licenses, orders, regulations, or prohibitions, including export restrictions on defense articles or items relating to the Russian Federation, Belarus, Crimea, or the "Donetsk People's Republic" and "Luhansk People's Republic" regions of Ukraine.
  • Was involved in conspiracies, schemes, or Federal offenses related to doing business with or acting for the entities mentioned above.

• Authority and Timeline: It extends the authority of section 1708(d) of the Additional Ukraine Supplemental Appropriations Act, 2023, to a date 3 years after this Act is enacted.

• Rulemaking and Termination: It allows the Attorney General and the Secretary of the Treasury to create regulations to carry out this subtitle. The provisions of this subtitle generally terminate 3 years after the Act's enactment, though this does not affect property already seized or pending legal proceedings.