S.1490 - Global Hunt for Offshore Smuggling and Trafficking Act of 2025; GHOST Act of 2025 (119th Congress)
Summary
The "Global Hunt for Offshore Smuggling and Trafficking Act of 2025" (GHOST Act) aims to enhance the enforcement of US sanctions against Russia by establishing a Russia Sanctions Enforcement Fund. This fund will be used to cover expenses related to the seizure and forfeiture of assets from entities violating these sanctions, including Russia's 'ghost ship' fleet. The bill also seeks to codify the Export Enforcement Coordination Center to bolster efforts in preventing export control violations.
This act authorizes appropriations of $150 million for fiscal year 2026 to initiate the fund, which will be managed by an administrator appointed by the Secretary of Homeland Security in consultation with the Secretary of the Treasury. The fund's resources can be used for investigative costs, asset maintenance, and compensation to informants, among other related expenses.
Furthermore, the bill mandates regular reports to Congress on the fund's activities and financial status, ensuring transparency and accountability. Failure to comply with reporting requirements or utilize the fund appropriately could result in the transfer of funds to the Treasury for public debt reduction.
Expected Effects
The GHOST Act is likely to strengthen the enforcement of existing sanctions against Russia, potentially disrupting its ability to circumvent economic restrictions through illicit shipping activities. By providing dedicated funding and resources for enforcement, the act could lead to increased seizures and forfeitures of assets linked to sanctioned entities.
The codification of the Export Enforcement Coordination Center aims to improve interagency collaboration in preventing export control violations, which could reduce the flow of sensitive technologies and goods to Russia. This may impact Russia's access to resources needed for military or strategic purposes.
Ultimately, the act could increase economic pressure on Russia and contribute to broader efforts to deter its destabilizing actions. The act also provides a mechanism to use seized assets to pay down the US national debt.
Potential Benefits
- Strengthened enforcement of sanctions against Russia, potentially limiting its ability to finance its activities.
- Increased interagency coordination in preventing export control violations, reducing the flow of sensitive technologies to adversaries.
- Potential for seized assets to be used to reduce the U.S. national debt, benefiting taxpayers.
- Enhanced national security by disrupting illicit activities that support sanctioned entities.
- Increased transparency and accountability through mandated reporting requirements.
Potential Disadvantages
- Potential for increased costs associated with enforcement activities, including investigations and asset management.
- Risk of unintended consequences, such as impacts on legitimate trade or diplomatic relations.
- Possible legal challenges related to asset seizures and forfeitures.
- The fund could be subject to political influence or misuse, despite safeguards.
- The act's effectiveness depends on the cooperation of other countries and the ability to identify and seize assets.
Constitutional Alignment
The GHOST Act appears to align with the US Constitution, particularly Article I, Section 8, which grants Congress the power to regulate commerce with foreign nations and to make all laws necessary and proper for carrying out its enumerated powers. The act's focus on enforcing sanctions and preventing export control violations falls within the scope of these powers.
The establishment of the Russia Sanctions Enforcement Fund and the Export Enforcement Coordination Center are within the authority of Congress to create and fund government entities to carry out its legislative objectives. The act also includes provisions for reporting and oversight, which are consistent with the principle of accountability.
However, the act's implementation must adhere to due process requirements under the Fifth Amendment, ensuring that asset seizures and forfeitures are conducted fairly and with adequate legal safeguards. The act also needs to be implemented in a way that respects individual liberties and rights, as outlined in the Bill of Rights.
Impact Assessment: Things You Care About ⓘ
This action has been evaluated across 19 key areas that matter to you. Scores range from 1 (highly disadvantageous) to 5 (highly beneficial).