S.Amdt. 6291

This amendment, titled the Deterring Adversary Ill-Gotten Gains Act, aims to add a new subtitle to bill S. 4784 to deal with the seizure and forfeiture of assets belonging to Russian kleptocrats.

The amendment seeks to change and add the following:

• 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 help remediate harms to Ukraine. This includes property that:

  • Belonged to, was possessed by, or was controlled by persons whose interests were 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, or export restrictions (such as the Export Administration Regulations or International Traffic in Arms Regulations) involving the Russian Federation, Belarus, Crimea, or the Donetsk and Luhansk People's Republics.
  • Was involved in conspiracies or Federal offenses related to doing business with or acting on behalf of the aforementioned entities.

• Extension of Authority: It changes the expiration date in section 1708(d) of the Additional Ukraine Supplemental Appropriations Act, 2023, from May 1, 2025, to a date 3 years after the enactment of this Act.

• Rulemaking and Termination: It allows the Attorney General and the Secretary of the Treasury to create regulations to carry out these rules. The provisions of this subtitle generally terminate 3 years after enactment, though this does not affect property seized before that date or pending legal actions.