Global Magnitsky Human Rights Accountability Reauthorization Act

II Calendar No. 89 117TH CONGRESS 1ST SESSION S. 93 To amend the Global Magnitsky Human Rights Accountability Act to modify the foreign persons subject to sanctions and to remove the sunset for the imposition of sanctions, and for other purposes. IN THE SENATE OF THE UNITED STATES JANUARY 28, 2021 Mr. CARDIN (for himself, Mr. WICKER, Mr. COONS, and Mr. WHITEHOUSE) introduced the following bill; which was read twice and referred to the Committee on Foreign Relations JUNE 24, 2021 Reported by Mr. MENENDEZ, with an amendment [Strike out all after the enacting clause and insert the part printed in italic] A BILL To amend the Global Magnitsky Human Rights Account- ability Act to modify the foreign persons subject to sanc- tions and to remove the sunset for the imposition of sanctions, and for other purposes. Be it enacted by the Senate and House of Representa- 1 tives of the United States of America in Congress assembled, 2 VerDate Sep 11 2014 02:47 Jun 25, 2021 Jkt 019200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\S93.RS S93 kjohnson on DSK79L0C42PROD with BILLS 2 •S 93 RS SECTION 1. SHORT TITLE. 1 This Act may be cited as the ‘‘Global Magnitsky 2 Human Rights Accountability Reauthorization Act’’. 3 SEC. 2. MODIFICATIONS TO AND REAUTHORIZATION OF 4 SANCTIONS WITH RESPECT TO HUMAN 5 RIGHTS VIOLATIONS. 6 (a) DEFINITIONS.—Section 1262 of the Global 7 Magnitsky Human Rights Accountability Act (Subtitle F 8 of title XII of Public Law 114–328; 22 U.S.C. 2656 note) 9 is amended by striking paragraph (2) and inserting the 10 following: 11 ‘‘(2) IMMEDIATE FAMILY MEMBER.—The term 12 ‘immediate family member’, with respect to a foreign 13 person, means the spouse, parent, sibling, or adult 14 child of the person.’’. 15 (b) SENSE OF CONGRESS.—The Global Magnitsky 16 Human Rights Accountability Act (Subtitle F of title XII 17 of Public Law 114–328; 22 U.S.C. 2656 note) is amended 18 by inserting after section 1262 the following new section: 19 ‘‘SEC. 1262A. SENSE OF CONGRESS. 20 ‘‘It is the sense of Congress that the President should 21 establish and regularize information sharing and sanc- 22 tions-related decision making with like-minded govern- 23 ments possessing human rights and anti-corruption sanc- 24 tions programs similar in nature to those authorized under 25 this subtitle.’’. 26 VerDate Sep 11 2014 02:47 Jun 25, 2021 Jkt 019200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6401 E:\BILLS\S93.RS S93 kjohnson on DSK79L0C42PROD with BILLS 3 •S 93 RS (c) IMPOSITION OF SANCTIONS.— 1 (1) IN GENERAL.—Subsection (a) of section 2 1263 of the Global Magnitsky Human Rights Ac- 3 countability Act (Subtitle F of title XII of Public 4 Law 114–328; 22 U.S.C. 2656 note) is amended to 5 read as follows: 6 ‘‘(a) IN GENERAL.—The President may impose the 7 sanctions described in subsection (b) with respect to— 8 ‘‘(1) any foreign person that the President de- 9 termines, based on credible information— 10 ‘‘(A) is responsible for or complicit in, or 11 has directly or indirectly engaged in, serious 12 human rights abuse or any violation of inter- 13 nationally recognized human rights; 14 ‘‘(B) is a current or former government of- 15 ficial, or a person acting for or on behalf of 16 such an official, who is responsible for or 17 complicit in, or has directly or indirectly en- 18 gaged in— 19 ‘‘(i) corruption, including— 20 ‘‘(I) the misappropriation of state 21 assets; 22 ‘‘(II) the expropriation of private 23 assets for personal gain; 24 VerDate Sep 11 2014 02:47 Jun 25, 2021 Jkt 019200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6401 E:\BILLS\S93.RS S93 kjohnson on DSK79L0C42PROD with BILLS 4 •S 93 RS ‘‘(III) corruption related to gov- 1 ernment contracts or the extraction of 2 natural resources; or 3 ‘‘(IV) bribery; or 4 ‘‘(ii) the transfer or facilitation of the 5 transfer of the proceeds of corruption; 6 ‘‘(C) is or has been a leader or official of— 7 ‘‘(i) an entity, including a government 8 entity, that has engaged in, or whose mem- 9 bers have engaged in, any of the activities 10 described in subparagraph (A) or (B) dur- 11 ing the tenure of the leader or official; or 12 ‘‘(ii) an entity whose property and in- 13 terests in property are blocked pursuant to 14 this section as a result of activities during 15 the tenure of the leader or official; 16 ‘‘(D) has materially assisted, sponsored, or 17 provided financial, material, or technological 18 support for, or goods or services to or in sup- 19 port of— 20 ‘‘(i) an activity described in subpara- 21 graph (A) or (B) that is conducted by a 22 foreign person; 23 VerDate Sep 11 2014 02:47 Jun 25, 2021 Jkt 019200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6401 E:\BILLS\S93.RS S93 kjohnson on DSK79L0C42PROD with BILLS 5 •S 93 RS ‘‘(ii) a person whose property and in- 1 terests in property are blocked pursuant to 2 this section; or 3 ‘‘(iii) an entity, including a govern- 4 ment entity, that has engaged in, or whose 5 members have engaged in, an activity de- 6 scribed in subparagraph (A) or (B) con- 7 ducted by a foreign person; or 8 ‘‘(E) is owned or controlled by, or acts or 9 is purported to act for or on behalf of, directly 10 or indirectly, a person whose property and in- 11 terests in property are blocked pursuant to this 12 section; and 13 ‘‘(2) any immediate family member of a person 14 described in paragraph (1).’’. 15 (2) SANCTIONS DESCRIBED.—Clause (ii) of sub- 16 section (b)(2)(C) of such section is amended to read 17 as follows: 18 ‘‘(ii) GOOD.—In this subparagraph, 19 the term ‘good’ means any article, natural 20 or manmade substance, material, supply, 21 or manufactured product, including inspec- 22 tion and test equipment, and excluding 23 technical data.’’. 24 VerDate Sep 11 2014 02:47 Jun 25, 2021 Jkt 019200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6401 E:\BILLS\S93.RS S93 kjohnson on DSK79L0C42PROD with BILLS 6 •S 93 RS (3) CONSIDERATION OF CERTAIN INFORMA- 1 TION.—Subsection (c)(2) of such section is amended 2 by inserting ‘‘corruption and’’ after ‘‘monitor’’. 3 (4) REQUESTS BY CONGRESS.—Subsection (d) 4 of such section is amended— 5 (A) in paragraph (1)— 6 (i) in the matter preceding subpara- 7 graph (A), by striking ‘‘subsection (a)’’ 8 and inserting ‘‘subsection (a)(1)’’; and 9 (ii) in subparagraph (B)(i), by insert- 10 ing ‘‘or an immediate family member of 11 the person’’; and 12 (B) in paragraph (2)— 13 (i) in subparagraph (A)— 14 (I) in the subparagraph heading, 15 by striking ‘‘HUMAN RIGHTS VIOLA- 16 TIONS’’ and inserting ‘‘SERIOUS 17 HUMAN RIGHTS ABUSE OR VIOLA- 18 TIONS OF INTERNATIONALLY RECOG- 19 NIZED HUMAN RIGHTS’’; and 20 (II) by striking ‘‘described in 21 paragraph (1) or (2) of subsection 22 (a)’’ and inserting ‘‘described in sub- 23 section (a)(1) relating to serious 24 human rights abuse or any violation 25 VerDate Sep 11 2014 02:47 Jun 25, 2021 Jkt 019200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6401 E:\BILLS\S93.RS S93 kjohnson on DSK79L0C42PROD with BILLS 7 •S 93 RS of internationally recognized human 1 rights’’; and 2 (ii) in subparagraph (B), in the mat- 3 ter preceding clause (i), by striking ‘‘de- 4 scribed in paragraph (3) or (4) of sub- 5 section (a)’’ and inserting ‘‘described in 6 subsection (a)(1) relating to corruption or 7 the transfer or facilitation of the transfer 8 of the proceeds of corruption’’. 9 (5) TERMINATION OF SANCTIONS.—Subsection 10 (g) of such section is amended, in the matter pre- 11 ceding paragraph (1), by inserting ‘‘and the imme- 12 diate family members of that person’’ after ‘‘a per- 13 son’’. 14 (d) REPORTS TO CONGRESS.—Section 1264(a) of the 15 Global Magnitsky Human Rights Accountability Act (Sub- 16 title F of title XII of Public Law 114–328; 22 U.S.C. 17 2656 note) is amended— 18 (1) in paragraph (5), by striking ‘‘; and’’ and 19 inserting a semicolon; 20 (2) in paragraph (6), by striking the period at 21 the end and inserting ‘‘; and’’; and 22 (3) by adding at the end the following: 23 ‘‘(7) A description of additional steps taken by 24 the President through diplomacy and assistance to 25 VerDate Sep 11 2014 02:47 Jun 25, 2021 Jkt 019200 PO 00000 Frm 00007 Fmt 6652 Sfmt 6401 E:\BILLS\S93.RS S93 kjohnson on DSK79L0C42PROD with BILLS 8 •S 93 RS foreign or security sectors to address persistent un- 1 derlying causes of serious human rights abuse, viola- 2 tions of internationally recognized human rights, 3 and corruption in each country in which foreign per- 4 sons with respect to which sanctions have been im- 5 posed under section 1263 are located.’’. 6 (e) REPEAL OF SUNSET.—Section 1265 of the Global 7 Magnitsky Human Rights Accountability Act (Subtitle F 8 of title XII of Public Law 114–328; 22 U.S.C. 2656 note) 9 is repealed. 10 SECTION 1. SHORT TITLE. 11 This Act may be cited as the ‘‘Global Magnitsky 12 Human Rights Accountability Reauthorization Act’’. 13 SEC. 2. MODIFICATIONS TO AND REAUTHORIZATION OF 14 SANCTIONS WITH RESPECT TO HUMAN 15 RIGHTS VIOLATIONS. 16 (a) DEFINITIONS.—Section 1262 of the Global 17 Magnitsky Human Rights Accountability Act (Subtitle F 18 of title XII of Public Law 114–328; 22 U.S.C. 2656 note) 19 is amended by striking paragraph (2) and inserting the fol- 20 lowing: 21 ‘‘(2) IMMEDIATE FAMILY MEMBER.—The term 22 ‘immediate family member’, with respect to a foreign 23 person, means the spouse, parent, sibling, or adult 24 child of the person.’’. 25 VerDate Sep 11 2014 02:47 Jun 25, 2021 Jkt 019200 PO 00000 Frm 00008 Fmt 6652 Sfmt 6203 E:\BILLS\S93.RS S93 kjohnson on DSK79L0C42PROD with BILLS 9 •S 93 RS (b) SENSE OF CONGRESS.—The Global Magnitsky 1 Human Rights Accountability Act (Subtitle F of title XII 2 of Public Law 114–328; 22 U.S.C. 2656 note) is amended 3 by inserting after section 1262 the following new section: 4 ‘‘SEC. 1262A. SENSE OF CONGRESS. 5 ‘‘It is the sense of Congress that the President should 6 establish and regularize information sharing and sanctions- 7 related decision making with like-minded governments pos- 8 sessing human rights and anti-corruption sanctions pro- 9 grams similar in nature to those authorized under this sub- 10 title.’’. 11 (c) IMPOSITION OF SANCTIONS.— 12 (1) IN GENERAL.—Subsection (a) of section 1263 13 of the Global Magnitsky Human Rights Account- 14 ability Act (Subtitle F of title XII of Public Law 15 114–328; 22 U.S.C. 2656 note) is amended to read as 16 follows: 17 ‘‘(a) IN GENERAL.—The President may impose the 18 sanctions described in subsection (b) with respect to— 19 ‘‘(1) any foreign person that the President deter- 20 mines, based on credible information— 21 ‘‘(A) is responsible for or complicit in, or 22 has directly or indirectly engaged in, serious 23 human rights abuse; 24 VerDate Sep 11 2014 02:47 Jun 25, 2021 Jkt 019200 PO 00000 Frm 00009 Fmt 6652 Sfmt 6203 E:\BILLS\S93.RS S93 kjohnson on DSK79L0C42PROD with BILLS 10 •S 93 RS ‘‘(B) is a current or former government offi- 1 cial, or a person acting for or on behalf of such 2 an official, who is responsible for or complicit 3 in, or has directly or indirectly engaged in— 4 ‘‘(i) corruption, including— 5 ‘‘(I) the misappropriation of state 6 assets; 7 ‘‘(II) the expropriation of private 8 assets for personal gain; 9 ‘‘(III) corruption related to gov- 10 ernment contracts or the extraction of 11 natural resources; or 12 ‘‘(IV) bribery; or 13 ‘‘(ii) the transfer or facilitation of the 14 transfer of the proceeds of corruption; 15 ‘‘(C) is or has been a leader or official of— 16 ‘‘(i) an entity, including a government 17 entity, that has engaged in, or whose mem- 18 bers have engaged in, any of the activities 19 described in subparagraph (A) or (B) re- 20 lated to the tenure of the leader or official; 21 or 22 ‘‘(ii) an entity whose property and in- 23 terests in property are blocked pursuant to 24 VerDate Sep 11 2014 02:47 Jun 25, 2021 Jkt 019200 PO 00000 Frm 00010 Fmt 6652 Sfmt 6203 E:\BILLS\S93.RS S93 kjohnson on DSK79L0C42PROD with BILLS 11 •S 93 RS this section as a result of activities related 1 to the tenure of the leader or official; 2 ‘‘(D) has materially assisted, sponsored, or 3 provided financial, material, or technological 4 support for, or goods or services to or in support 5 of— 6 ‘‘(i) an activity described in subpara- 7 graph (A) or (B) that is conducted by a for- 8 eign person; 9 ‘‘(ii) a person whose property and in- 10 terests in property are blocked pursuant to 11 this section; or 12 ‘‘(iii) an entity, including a govern- 13 ment entity, that has engaged in, or whose 14 members have engaged in, an activity de- 15 scribed in subparagraph (A) or (B) con- 16 ducted by a foreign person; or 17 ‘‘(E) is owned or controlled by, or has acted 18 or been purported to act for or on behalf of, di- 19 rectly or indirectly, a person whose property and 20 interests in property are blocked pursuant to this 21 section; and 22 ‘‘(2) any immediate family member of a person 23 described in paragraph (1).’’. 24 VerDate Sep 11 2014 02:47 Jun 25, 2021 Jkt 019200 PO 00000 Frm 00011 Fmt 6652 Sfmt 6203 E:\BILLS\S93.RS S93 kjohnson on DSK79L0C42PROD with BILLS 12 •S 93 RS (2) CONSIDERATION OF CERTAIN INFORMA- 1 TION.—Subsection (c)(2) of such section is amended 2 by inserting ‘‘corruption and’’ after ‘‘monitor’’. 3 (3) REQUESTS BY CONGRESS.—Subsection (d) of 4 such section is amended— 5 (A) in paragraph (1)— 6 (i) in the matter preceding subpara- 7 graph (A), by striking ‘‘subsection (a)’’ and 8 inserting ‘‘subsection (a)(1)’’; and 9 (ii) in subparagraph (B)(i), by insert- 10 ing ‘‘or an immediate family member of the 11 person’’; and 12 (B) in paragraph (2)— 13 (i) in subparagraph (A)— 14 (I) in the subparagraph heading, 15 by striking ‘‘HUMAN RIGHTS VIOLA- 16 TIONS’’ and inserting ‘‘SERIOUS 17 HUMAN RIGHTS ABUSE’’; and 18 (II) by striking ‘‘described in 19 paragraph (1) or (2) of subsection (a)’’ 20 and inserting ‘‘described in subsection 21 (a)(1) relating to serious human rights 22 abuse’’; and 23 (ii) in subparagraph (B)— 24 VerDate Sep 11 2014 02:47 Jun 25, 2021 Jkt 019200 PO 00000 Frm 00012 Fmt 6652 Sfmt 6203 E:\BILLS\S93.RS S93 kjohnson on DSK79L0C42PROD with BILLS 13 •S 93 RS (I) in the matter preceding clause 1 (i), by striking ‘‘described in para- 2 graph (3) or (4) of subsection (a)’’ and 3 inserting ‘‘described in subsection 4 (a)(1) relating to corruption or the 5 transfer or facilitation of the transfer 6 of the proceeds of corruption’’; and 7 (II) by striking ‘‘ranking member 8 of’’ and all that follows through the pe- 9 riod at the end and inserting ‘‘ranking 10 member of one of the appropriate con- 11 gressional committees’’. 12 (4) TERMINATION OF SANCTIONS.—Subsection 13 (g) of such section is amended, in the matter pre- 14 ceding paragraph (1), by inserting ‘‘and the imme- 15 diate family members of that person’’ after ‘‘a per- 16 son’’. 17 (d) [Text truncated for display. 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