Caesar Syria Civilian Protection Act of 2019

II 116TH CONGRESS 1ST SESSION S. 52 To halt the wholesale slaughter of the Syrian people, encourage a negotiated political settlement, and hold Syrian human rights abusers accountable for their crimes. IN THE SENATE OF THE UNITED STATES JANUARY 8, 2019 Mr. RISCH (for himself, Mr. MENENDEZ, and Mr. RUBIO) introduced the fol- lowing bill; which was read twice and referred to the Committee on For- eign Relations A BILL To halt the wholesale slaughter of the Syrian people, encour- age a negotiated political settlement, and hold Syrian human rights abusers accountable for their crimes. Be it enacted by the Senate and House of Representa- 1 tives of the United States of America in Congress assembled, 2 SECTION 1. SHORT TITLE; TABLE OF CONTENTS. 3 (a) SHORT TITLE.—This Act may be cited as the 4 ‘‘Caesar Syria Civilian Protection Act of 2019’’. 5 (b) TABLE OF CONTENTS.—The table of contents for 6 this Act is as follows: 7 Sec. 1. Short title; table of contents. Sec. 2. Statement of policy. VerDate Sep 11 2014 03:14 Jan 15, 2019 Jkt 089200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6211 E:\BILLS\S52.IS S52 kjohnson on DSK79L0C42 with BILLS 2 •S 52 IS TITLE I—ADDITIONAL ACTIONS IN CONNECTION WITH THE NATIONAL EMERGENCY WITH RESPECT TO SYRIA Sec. 101. Measures with respect to Central Bank of Syria. Sec. 102. Sanctions with respect to foreign persons that engage in certain transactions. Sec. 103. Strategy relating to areas of Syria in which civilians are subject to forced displacement. TITLE II—AMENDMENTS TO SYRIA HUMAN RIGHTS ACCOUNTABILITY ACT OF 2012 Sec. 201. Imposition of sanctions with respect to certain persons who are re- sponsible for or complicit in human rights abuses committed against citizens of Syria or their family members. Sec. 202. Imposition of sanctions with respect to the transfer of goods or tech- nologies to Syria that are likely to be used to commit human rights abuses. TITLE III—ASSISTANCE FOR THE PEOPLE OF SYRIA Sec. 301. Briefing on monitoring and evaluating of ongoing assistance pro- grams in Syria and to the Syrian people. Sec. 302. Assessment of potential methods to enhance the protection of civil- ians. Sec. 303. Assistance to support entities taking actions relating to gathering evi- dence for investigations into war crimes or crimes against hu- manity in Syria since March 2011. Sec. 304. Codification of certain services in support of nongovernmental organi- zations’ activities authorized. Sec. 305. Briefing on strategy to facilitate humanitarian assistance. TITLE IV—GENERAL PROVISIONS Sec. 401. Suspension of sanctions. Sec. 402. Waivers and exemptions. Sec. 403. Implementation and regulatory authorities. Sec. 404. Cost limitation. Sec. 405. Authority to consolidate reports. Sec. 406. Rule of construction. Sec. 407. Sunset. SEC. 2. STATEMENT OF POLICY. 1 It is the policy of the United States that diplomatic 2 and coercive economic means should be utilized to compel 3 the government of Bashar al-Assad to halt its murderous 4 attacks on the Syrian people and to support a transition 5 to a government in Syria that respects the rule of law, 6 VerDate Sep 11 2014 03:14 Jan 15, 2019 Jkt 089200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\S52.IS S52 kjohnson on DSK79L0C42 with BILLS 3 •S 52 IS human rights, and peaceful co-existence with its neigh- 1 bors. 2 TITLE I—ADDITIONAL ACTIONS 3 IN CONNECTION WITH THE 4 NATIONAL EMERGENCY WITH 5 RESPECT TO SYRIA 6 SEC. 101. MEASURES WITH RESPECT TO CENTRAL BANK OF 7 SYRIA. 8 (a) DETERMINATION REGARDING CENTRAL BANK OF 9 SYRIA.—Not later than 180 days after the date of the en- 10 actment of this Act, the Secretary of the Treasury shall 11 determine, under section 5318A of title 31, United States 12 Code, whether reasonable grounds exist for concluding 13 that the Central Bank of Syria is a financial institution 14 of primary money laundering concern. 15 (b) ENHANCED DUE DILIGENCE AND REPORTING 16 REQUIREMENTS.—If the Secretary of the Treasury deter- 17 mines under subsection (a) that reasonable grounds exist 18 for concluding that the Central Bank of Syria is a finan- 19 cial institution of primary money laundering concern, the 20 Secretary, in consultation with the Federal functional reg- 21 ulators (as defined in section 509 of the Gramm-Leach- 22 Bliley Act (15 U.S.C. 6809)), shall impose one or more 23 of the special measures described in section 5318A(b) of 24 VerDate Sep 11 2014 03:14 Jan 15, 2019 Jkt 089200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\S52.IS S52 kjohnson on DSK79L0C42 with BILLS 4 •S 52 IS title 31, United States Code, with respect to the Central 1 Bank of Syria. 2 (c) REPORT REQUIRED.— 3 (1) IN GENERAL.—Not later than 90 days after 4 making a determination under subsection (a) with 5 respect to whether the Central Bank of Syria is a 6 financial institution of primary money laundering 7 concern, the Secretary of the Treasury shall submit 8 to the appropriate congressional committees a report 9 that includes the reasons for the determination. 10 (2) FORM.—A report required by paragraph (1) 11 shall be submitted in unclassified form, but may in- 12 clude a classified annex. 13 (3) APPROPRIATE CONGRESSIONAL COMMIT- 14 TEES DEFINED.—In this subsection, the term ‘‘ap- 15 propriate congressional committees’’ means— 16 (A) the Committee on Foreign Affairs and 17 the Committee on Financial Services of the 18 House of Representatives; and 19 (B) the Committee on Foreign Relations 20 and the Committee on Banking, Housing, and 21 Urban Affairs of the Senate. 22 VerDate Sep 11 2014 03:14 Jan 15, 2019 Jkt 089200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\S52.IS S52 kjohnson on DSK79L0C42 with BILLS 5 •S 52 IS SEC. 102. SANCTIONS WITH RESPECT TO FOREIGN PER- 1 SONS THAT ENGAGE IN CERTAIN TRANS- 2 ACTIONS. 3 (a) IMPOSITION OF SANCTIONS.— 4 (1) IN GENERAL.—On and after the date that 5 is 180 days after the date of the enactment of this 6 Act, the President shall impose the sanctions de- 7 scribed in subsection (b) with respect to a foreign 8 person if the President determines that the foreign 9 person, on or after such date of enactment, know- 10 ingly engages in an activity described in paragraph 11 (2). 12 (2) ACTIVITIES DESCRIBED.—A foreign person 13 engages in an activity described in this paragraph if 14 the foreign person— 15 (A) knowingly provides significant finan- 16 cial, material, or technological support to, or 17 knowingly engages in a significant transaction 18 with— 19 (i) the Government of Syria (including 20 any entity owned or controlled by the Gov- 21 ernment of Syria) or a senior political fig- 22 ure of the Government of Syria; 23 (ii) a foreign person that is a military 24 contractor, mercenary, or a paramilitary 25 force knowingly operating in a military ca- 26 VerDate Sep 11 2014 03:14 Jan 15, 2019 Jkt 089200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\S52.IS S52 kjohnson on DSK79L0C42 with BILLS 6 •S 52 IS pacity inside Syria for or on behalf of the 1 Government of Syria, the Government of 2 the Russian Federation, or the Govern- 3 ment of Iran; or 4 (iii) a foreign person subject to sanc- 5 tions pursuant to the International Emer- 6 gency Economic Powers Act (50 U.S.C. 7 1701 et seq.) with respect to Syria or any 8 other provision of law that imposes sanc- 9 tions with respect to Syria; 10 (B) knowingly sells or provides significant 11 goods, services, technology, information, or 12 other support that significantly facilitates the 13 maintenance or expansion of the Government of 14 Syria’s domestic production of natural gas, pe- 15 troleum, or petroleum products; 16 (C) knowingly sells or provides aircraft or 17 spare aircraft parts that are used for military 18 purposes in Syria for or on behalf of the Gov- 19 ernment of Syria to any foreign person oper- 20 ating in an area directly or indirectly controlled 21 by the Government of Syria or foreign forces 22 associated with the Government of Syria; 23 (D) knowingly provides significant goods 24 or services associated with the operation of air- 25 VerDate Sep 11 2014 03:14 Jan 15, 2019 Jkt 089200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6201 E:\BILLS\S52.IS S52 kjohnson on DSK79L0C42 with BILLS 7 •S 52 IS craft that are used for military purposes in 1 Syria for or on behalf of the Government of 2 Syria to any foreign person operating in an 3 area described in subparagraph (C); or 4 (E) knowingly, directly or indirectly, pro- 5 vides significant construction or engineering 6 services to the Government of Syria. 7 (3) SENSE OF CONGRESS.—It is the sense of 8 Congress that, in implementing this section, the 9 President should consider financial support under 10 paragraph (2)(A) to include the provision of loans, 11 credits, or export credits. 12 (b) SANCTIONS DESCRIBED.— 13 (1) IN GENERAL.—The sanctions to be imposed 14 with respect to a foreign person subject to sub- 15 section (a) are the following: 16 (A) BLOCKING OF PROPERTY.—The Presi- 17 dent shall exercise all of the powers granted to 18 the President under the International Emer- 19 gency Economic Powers Act (50 U.S.C. 1701 et 20 seq.) to the extent necessary to block and pro- 21 hibit all transactions in property and interests 22 in property of the foreign person if such prop- 23 erty and interests in property are in the United 24 States, come within the United States, or are or 25 VerDate Sep 11 2014 03:14 Jan 15, 2019 Jkt 089200 PO 00000 Frm 00007 Fmt 6652 Sfmt 6201 E:\BILLS\S52.IS S52 kjohnson on DSK79L0C42 with BILLS 8 •S 52 IS come within the possession or control of a 1 United States person. 2 (B) ALIENS INELIGIBLE FOR VISAS, AD- 3 MISSION, OR PAROLE.— 4 (i) VISAS, ADMISSION, OR PAROLE.— 5 An alien who the Secretary of State or the 6 Secretary of Homeland Security (or a des- 7 ignee of one of such Secretaries) knows, or 8 has reason to believe, has knowingly en- 9 gaged in any activity described in sub- 10 section (a)(2) is— 11 (I) inadmissible to the United 12 States; 13 (II) ineligible to receive a visa or 14 other documentation to enter the 15 United States; and 16 (III) otherwise ineligible to be 17 admitted or paroled into the United 18 States or to receive any other benefit 19 under the Immigration and Nation- 20 ality Act (8 U.S.C. 1101 et seq.). 21 (ii) CURRENT VISAS REVOKED.— 22 (I) IN GENERAL.—The issuing 23 consular officer, the Secretary of 24 State, or the Secretary of Homeland 25 VerDate Sep 11 2014 03:14 Jan 15, 2019 Jkt 089200 PO 00000 Frm 00008 Fmt 6652 Sfmt 6201 E:\BILLS\S52.IS S52 kjohnson on DSK79L0C42 with BILLS 9 •S 52 IS Security (or a designee of one of such 1 Secretaries) shall, in accordance with 2 section 221(i) of the Immigration and 3 Nationality Act (8 U.S.C. 1201(i)), 4 revoke any visa or other entry docu- 5 mentation issued to an alien described 6 in clause (i) regardless of when the 7 visa or other entry documentation is 8 issued. 9 (II) EFFECT OF REVOCATION.— 10 A revocation under subclause (I)— 11 (aa) shall take effect imme- 12 diately; and 13 (bb) shall automatically can- 14 cel any other valid visa or entry 15 documentation that is in the 16 alien’s possession. 17 (2) PENALTIES.—The penalties provided for in 18 subsections (b) and (c) of section 206 of the Inter- 19 national Emergency Economic Powers Act (50 20 U.S.C. 1705) shall apply to a person that violates, 21 attempts to violate, conspires to violate, or causes a 22 violation of regulations promulgated under section 23 403(b) to carry out paragraph (1)(A) to the same 24 extent that such penalties apply to a person that 25 VerDate Sep 11 2014 03:14 Jan 15, 2019 Jkt 089200 PO 00000 Frm 00009 Fmt 6652 Sfmt 6201 E:\BILLS\S52.IS S52 kjohnson on DSK79L0C42 with BILLS 10 •S 52 IS commits an unlawful act described in section 206(a) 1 of that Act. 2 (3) EXCEPTION TO COMPLY WITH UNITED NA- 3 TIONS HEADQUARTERS AGREEMENT.—Sanctions 4 under paragraph (1)(B) shall not apply with respect 5 to an alien if admitting the alien into the United 6 States is necessary to permit the United States to 7 comply with the Agreement regarding the Head- 8 quarters of the United Nations, signed at Lake Suc- 9 cess June 26, 1947, and entered into force Novem- 10 ber 21, 1947, between the United Nations and the 11 United States, or other applicable international obli- 12 gations. 13 SEC. 103. STRATEGY RELATING TO AREAS OF SYRIA IN 14 WHICH CIVILIANS ARE SUBJECT TO FORCED 15 DISPLACEMENT. 16 (a) IN GENERAL.—Not later than 180 days after the 17 date of the enactment of this Act, the President shall— 18 (1) identify the areas described in subsection 19 (b); and 20 (2) submit to the appropriate congressional 21 committees the strategy described in subsection (c). 22 (b) AREAS DESCRIBED.—The areas described in this 23 subsection are areas in Syria that the President deter- 24 mines— 25 VerDate Sep 11 2014 03:14 Jan 15, 2019 Jkt 089200 PO 00000 Frm 00010 Fmt 6652 Sfmt 6201 E:\BILLS\S52.IS S52 kjohnson on DSK79L0C42 with BILLS 11 •S 52 IS (1) are under the control of— 1 (A) the Government of Syria; 2 (B) the Government of the Russian Fed- 3 eration; 4 (C) the Government of Iran; or 5 (D) a foreign person described in section 6 102(a)(2)(A)(ii); and 7 (2) are areas in which civilians have been sub- 8 ject to forced displacement by— 9 (A) a government specified in subpara- 10 graph (A), (B), or (C) of paragraph (1); or 11 (B) a foreign person described in section 12 102(a)(2)(A)(ii). 13 (c) STRATEGY DESCRIBED.—The strategy described 14 in this subsection is a strategy to deter foreign persons 15 from entering into contracts related to reconstruction in 16 the areas described in subsection (b) for or on behalf of— 17 (1) a government specified in subparagraph 18 (A), (B), or (C) of subsection (b)(1); or 19 (2) a foreign person described in section 20 102(a)(2)(A)(ii). 21 (d) FORM.—The strategy required by subsection 22 (a)(2) shall be submitted in unclassified form but may in- 23 clude a classified annex. 24 VerDate Sep 11 2014 03:14 Jan 15, 2019 Jkt 089200 PO 00000 Frm 00011 Fmt 6652 Sfmt 6201 E:\BILLS\S52.IS S52 kjohnson on DSK79L0C42 with BILLS 12 •S 52 IS (e) APPROPRIATE CONGRESSIONAL COMMITTEES DE- 1 FINED.—In this section, the term ‘‘appropriate congres- 2 sional committees’’ means— 3 (1) the Committee on Foreign Affairs of the 4 House of Representatives; and 5 (2) the Committee on Foreign Relations of the 6 Senate. 7 TITLE II—AMENDMENTS TO 8 SYRIA HUMAN RIGHTS AC- 9 COUNTABILITY ACT OF 2012 10 SEC. 201. IMPOSITION OF SANCTIONS WITH RESPECT TO 11 CERTAIN PERSONS WHO ARE RESPONSIBLE 12 FOR OR COMPLICIT IN HUMAN RIGHTS 13 ABUSES COMMITTED AGAINST CITIZENS OF 14 SYRIA OR THEIR FAMILY MEMBERS. 15 (a) IN GENERAL.—Section 702 of the Syria Human 16 Rights Accountability Act of 2012 (22 U.S.C. 8791) is 17 am [Text truncated for display. Full text available on Congress.gov.]