PRIOR PRINTER'S NOS. 1611, 1759, 1810
PRINTER'S NO. 1931
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 THIRD CONSIDERATION, SEPTEMBER 20, 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. ยง 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
publish a list of persons.
(b) Update of list.--The list under subsection (a) shall be
updated 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.
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(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.
(B) CHALLENGE.--A PERSON MAY CHALLENGE THE PERSON'S
INCLUSION ON THE LIST UNDER SECTION 3 BY PRESENTING PROOF OF
REMOVAL FROM THE SPECIALLY DESIGNATED NATIONALS AND BLOCKED
PERSONS LIST MAINTAINED BY THE UNITED STATES DEPARTMENT OF
TREASURY, OFFICE OF FOREIGN ASSETS CONTROL, TO THE TREASURY
DEPARTMENT TO 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 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 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 8. Effective date.
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This act shall take effect in 60 days.
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