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PRIOR PRINTER'S NOS. 1611, 1759
PRINTER'S NO. 1810
THE GENERAL ASSEMBLY OF PENNSYLVANIA
SENATE BILL
No.
1203
Session of
2022
INTRODUCED BY ARGALL, SCHWANK, GEBHARD, MENSCH, BARTOLOTTA,
KANE, YUDICHAK, COSTA, STREET, ROBINSON, PITTMAN AND STEFANO,
APRIL 22, 2022
AS AMENDED ON SECOND CONSIDERATION, JUNE 22, 2022
AN ACT
Preventing the Commonwealth from dealing with persons associated
with the Government of Russia or the Government of Belarus;
and imposing duties on the Treasury Department and the
Attorney General.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Short title.
This act shall be known and may be cited as the Restrictions
for Associations with Russia and Belarus Act.
Section 2. Definitions.
The following words and phrases when used in this act shall
have the meanings given to them in this section unless the
context clearly indicates otherwise:
"Commonwealth agency." As defined in 62 Pa.C.S. § 103
(relating to definitions).
"Critical material" or "critical mineral." A material or
mineral that:
(1) has a significant economic importance for key
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sectors of the State or national economy;
(2) has a high-supply risk due to import dependence or
high levels of concentration in particular countries or
regions; and
(3) lacks viable substitutes due to its unique
properties and nature.
"Person." An individual, corporation, partnership, limited
liability company, business trust, association, estate, trust,
foundation, business entity or government entity. WHO IS OWNED
OR CONTROLLED BY, OR ACTING FOR OR ON BEHALF OF, RUSSIA OR
BELARUS AS DEFINED BY THE OFFICE OF FOREIGN ASSETS CONTROL OF
THE UNITED STATES DEPARTMENT OF TREASURY AS OF THE EFFECTIVE
DATE OF THIS DEFINITION.
Section 3. List of persons associated with Russia or Belarus.
(a) Development of list.--Within 60 days of the effective
date of this section, the Treasury Department shall, using
credible information available to the public, develop a list of
persons in this Commonwealth that, as determined by the Treasury
Department, meet any of the following criteria:
(1) Have a direct equity share with the Government of
Russia or the Government of Belarus.
(2) Have business operations that involve contracts with
or the provision of goods or services to the Government of
Russia or the Government of Belarus.
(3) Are headquartered or have a principal place of
business in Russia or Belarus.
(4) Support, assist or facilitate the Government of
Russia or the Government of Belarus in the shared campaign to
invade the sovereignty of Ukraine, either through in-kind
support or for-profit dealings. PUBLISH A LIST OF PERSONS.
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(b) Update of list.--The list under subsection (a) shall be
updated every 90 days ANNUALLY.
Section 4. Restrictions.
If a person is found to be on the list under section 3, the
person may not:
(1) Bid on, submit a proposal for, enter into, BE A
PARTY TO or renew a contract with a Commonwealth agency for
the provision of goods or services.
(2) Submit a proposal for, BE ASSOCIATED WITH or renew a
grant issued by the Commonwealth.
(3) Submit a proposal for, RECEIVE or renew a tax credit
offered by the Commonwealth.
Section 5. Notice and challenge.
(a) Notice.--The Treasury Department shall provide to each
person on the list under section 3 notice of:
(1) The person's inclusion on the list.
(2) The restrictions under section 4.
(3) The opportunity of the person to challenge the
person's inclusion on the list, through commenting in writing
that the person does not meet any of the criteria specified
in section 3(a).
(b) Successful challenge.--If a person challenges the
person's inclusion on the list under section 3 and demonstrates
to the satisfaction of the Treasury Department that the person
does not meet any of the criteria specified in section 3(a), the
person shall not be included on the list.
(c) Unsuccessful challenge.--If a person challenges the
person's inclusion on the list under section 3 but does not
demonstrate to the satisfaction of the Treasury Department that
the person does not meet any of the criteria specified in
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section 3(a), the Treasury Department shall forward the matter
to the Attorney General for further review.
(d) Duty of Attorney General.--
(1) If, after receiving the matter under subsection (c),
the Attorney General finds that the evidence presented by the
person is with merit, the Attorney General shall make a
recommendation to the Treasury Department that the person not
be included on the list under section 3.
(2) If, after receiving the matter under subsection (c),
the Attorney General finds that the evidence presented by the
person is without merit, the Attorney General shall determine
whether to pursue appropriate criminal or civil charges
against the person.
(A) NOTICE.--THE TREASURY DEPARTMENT SHALL PUBLISH A LIST OF
PERSONS ON ITS PUBLICLY ACCESSIBLE INTERNET WEBSITE UNDER
SECTION 3.
(B) CHALLENGE.--A PERSON MAY CHALLENGE THE PERSON'S
INCLUSION ON THE LIST UNDER SECTION 3 TO THE ATTORNEY GENERAL.
IF THE PERSON DEMONSTRATES TO THE SATISFACTION OF THE ATTORNEY
GENERAL THAT THE PERSON SHOULD NOT BE INCLUDED ON THE LIST THE
PERSON SHALL BE STRICKEN FROM THE LIST.
Section 6. Critical materials and critical minerals.
The Treasury Department shall develop a list of critical
materials and critical minerals that are exempted from this act
that include those minerals identified as critical by the United
States Department of the Interior as part of Executive Order
13817. This list shall be reviewed annually by the Treasury
Department. AS IDENTIFIED AS CRITICAL BY THE UNITED STATES
DEPARTMENT OF THE INTERIOR UNDER EXECUTIVE ORDER 13817. ANY
PERSON WHO PROVIDES, OBTAINS OR SUPPLIES A MINERAL IDENTIFIED AS
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CRITICAL MINERALS OR MATERIALS TO THE FEDERAL GOVERNMENT OR
UNITED STATES DOMICILED BUSINESS SHALL, UPON NOTIFICATION TO THE
TREASURY DEPARTMENT, BE REMOVED FROM THE LIST AND EXEMPTED FROM
ANY RESTRICTIONS IMPOSED BY THIS ACT. THIS LIST SHALL BE
REVIEWED ANNUALLY AND UPDATED BY THE TREASURY DEPARTMENT.
SECTION 7. CONSTRUCTION.
NOTHING IN THIS ACT SHALL BE CONSTRUED TO PROHIBIT
TRANSACTIONS AUTHORIZED BY THE FEDERAL GOVERNMENT OR UNDER
FEDERAL LAW.
Section 7 8. Effective date.
This act shall take effect in 30 60 days.
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