S.Amdt. 6722

This amendment, titled the Deterring Adversary Ill-Gotten Gains Act, aims to add a new title to bill H.R. 5334 focused on the seizure and forfeiture of assets of Russian kleptocrats.

The amendment seeks to change and add the following:

• Forfeiture Procedures: 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.

• Expanded Property Scope: It expands the types of forfeited property available to help 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 regarding the Russian Federation or actions undermining Ukraine.
  • Was involved in violating licenses, regulations, or export restrictions (such as the Export Administration Regulations or International Traffic in Arms Regulations) related to the Russian Federation, Belarus, Crimea, or the "Donetsk People's Republic" and "Luhansk People's Republic" regions of Ukraine.
  • Was involved in Federal offenses or schemes arising from doing business with or acting on behalf of those same entities and regions.

• 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 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 this title. The provisions of this title are set to terminate 3 years after enactment, though this does not affect property already seized or pending legal proceedings.