H.R. 7094 — No Aid for Russian Energy Act

This section requires the President to prohibit the exportation, reexportation, sale, or supply, directly or indirectly from the United States or by U.S. persons, of petroleum equipment and services to any person in Russia. It further requires the President, within 60 days of enactment, to extend such prohibitions to any foreign entity owned or controlled by a U.S. person that knowingly engages in the same transactions. The prohibitions do not apply to petroleum equipment and services directly related to isotopes derived from petroleum manufacturing used for medical, agricultural, or environmental purposes (e.g., Carbon-13).

This section requires the President to impose sanctions on any foreign person that directly or indirectly exports, reexports, sells, or supplies petroleum equipment and services to any person located in Russia. The sanctions include (1) asset blocking under the International Emergency Economic Powers Act (IEEPA, 50 U.S.C. 1701 et seq.) notwithstanding IEEPA's requirement for a national emergency declaration; and (2) visa restrictions rendering such foreign persons, along with their corporate officers or principal shareholders with controlling interests, inadmissible to the United States, ineligible for visas or parole, and subject to revocation of existing visas. Exceptions apply to visa sanctions necessary for U.S. compliance with international obligations (e.g., UN Headquarters Agreement) and to all sanctions for humanitarian assistance activities (i.e., agricultural commodities, food, medicine, medical devices, or related financial transactions or transportation).

This section authorizes the President to exercise all authorities under §§203 and 205 of the International Emergency Economic Powers Act (IEEPA; 50 U.S.C. 1702, 1704)—which enable regulation or prohibition of foreign exchange transactions, credit transfers involving foreign interests, currency or securities imports/exports, and property dealings or confiscation of foreign persons' assets—to carry out this Act; applies civil and criminal penalties under IEEPA §206(b) and (c) (50 U.S.C. 1705(b), (c)) to violations of implementing regulations; authorizes the President to waive such sanctions on U.S. or foreign persons for periods not to exceed 180 days upon certification to congressional committees at least 15 days prior that the waiver is vital to U.S. national security interests, including a specific rationale; and requires the President to prescribe implementing regulations within 180 days of enactment, including amendments to 31 C.F.R. pt. 587 for sanctions under section 3 of this Act.

This section establishes definitions for use in this section, including (1) "appropriate congressional committees" as the House Committees on Foreign Affairs and Judiciary and the Senate Committees on Foreign Relations and Judiciary; (2) "foreign person" as an individual or entity (per 31 CFR 587.303) that is not a United States person; (3) "petroleum equipment and services" as equipment, parts, software, and services related to oil, oil condensate, and natural gas exploration and production (i.e., including software support and cloud-based data access, licensing arrangements, engineering and consulting services, and technology and intellectual property transfer); and (4) "United States person" as a U.S. citizen, permanent resident alien, entity organized under U.S. law (including foreign branches), or person in the United States.