Defending United States Citizens and Diplomatic Staff from Political Prosecutions Act of 2019

II 116TH CONGRESS 1ST SESSION S. 1075 To advocate for the release of United States citizens and locally employed diplomatic staff unlawfully detained in Turkey, and for other purposes. IN THE SENATE OF THE UNITED STATES APRIL 9, 2019 Mr. WICKER (for himself, Mr. CARDIN, Mr. RUBIO, Mr. TILLIS, Mr. DURBIN, and Mr. VAN HOLLEN) introduced the following bill; which was read twice and referred to the Committee on Foreign Relations A BILL To advocate for the release of United States citizens and locally employed diplomatic staff unlawfully detained in Turkey, 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 SECTION 1. SHORT TITLE. 3 This Act may be cited as the ‘‘Defending United 4 States Citizens and Diplomatic Staff from Political Pros- 5 ecutions Act of 2019’’. 6 SEC. 2. FINDINGS. 7 Congress makes the following findings: 8 VerDate Sep 11 2014 22:53 Apr 11, 2019 Jkt 089200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\S1075.IS S1075 pamtmann on DSKBFK8HB2PROD with BILLS 2 •S 1075 IS (1) The United States Government employs 1 thousands of local nationals (in this Act referred to 2 as ‘‘locally employed staff’’) at its diplomatic mis- 3 sions, military bases, and other official facilities 4 around the world, generating employment and eco- 5 nomic opportunities in local economies and allowing 6 the United States Government to benefit from local 7 expertise and perspectives. 8 (2) Since February 2017, the Government of 9 Turkey—a member of the North Atlantic Treaty Or- 10 ganization (in this Act referred to as ‘‘NATO’’) 11 since 1952—has targeted at least 3 locally employed 12 staff of United States consulates in Turkey with na- 13 tional security charges stemming from their routine 14 job responsibilities on behalf of the United States 15 Government and without providing any credible evi- 16 dence of wrongdoing. 17 (3) As NATO allies, the United States and 18 Turkey share a commitment to ‘‘safeguard the free- 19 dom, common heritage and civilization of their peo- 20 ples, founded on the principles of democracy, indi- 21 vidual liberty and the rule of law’’, as enshrined in 22 the preamble to the 1949 North Atlantic Treaty. 23 (4) Authorities in Turkey detained Hamza 24 Uluc¸ay—an employee of the United States Con- 25 VerDate Sep 11 2014 22:53 Apr 11, 2019 Jkt 089200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\S1075.IS S1075 pamtmann on DSKBFK8HB2PROD with BILLS 3 •S 1075 IS sulate in Adana for more than 38 years—for nearly 1 2 years and convicted him of ‘‘membership in a ter- 2 rorist organization’’ without any credible evidence of 3 wrongdoing before releasing him on January 30, 4 2019, and barring him from international travel. 5 (5) Authorities in Turkey have detained Metin 6 Topuz—a Foreign Service National Investigator at 7 the United States Consulate General in Istanbul for 8 more than 36 years—since September 25, 2017, on 9 charges of ‘‘membership in a terrorist organization’’, 10 ‘‘gathering state secrets for espionage’’, and ‘‘at- 11 tempting to overthrow [the Government, Turkish 12 National Assembly, and the Constitutional Order]’’, 13 citing among other things his routine communica- 14 tions with Turkish law enforcement officers, which 15 constituted a central part of his job responsibilities 16 as an employee of the United States Government. 17 (6) Authorities in Turkey have held Mete 18 Canturk—another Foreign Service National Investi- 19 gator at the United States Consulate General in 20 Istanbul for more than 30 years—under house ar- 21 rest since January 31, 2018, and subjected his wife 22 and daughter to travel bans and regular check-ins 23 with police after initially detaining them. 24 VerDate Sep 11 2014 22:53 Apr 11, 2019 Jkt 089200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\S1075.IS S1075 pamtmann on DSKBFK8HB2PROD with BILLS 4 •S 1075 IS (7) As of April 9, 2019, Metin Topuz remains 1 in jail, Mete Canturk remains under house arrest, 2 and Hamza Uluc¸ay remains convicted of false 3 charges and subject to travel restrictions because of 4 charges relating directly to the conduct of their pro- 5 fessional responsibilities as employees of the United 6 States Government without any credible evidence of 7 wrongdoing. 8 (8) The physical and psychological health of 9 these men continues to be adversely affected by their 10 prolonged and indefinite detention, including signifi- 11 cant weight loss and aggravation of preexisting med- 12 ical conditions. 13 (9) On November 15, 2017, then-Deputy As- 14 sistant Secretary of State for European and Eur- 15 asian Affairs Jonathan Cohen testified to the Com- 16 mission on Security and Cooperation in Europe 17 (commonly known as the ‘‘Helsinki Commission’’) 18 that ‘‘it appears to us that Mr. Uluc¸ay and Mr. 19 Topuz were arrested for maintaining legitimate con- 20 tacts with Turkish Government and local officials 21 and others in the context of their official duties on 22 behalf of the United States Government’’. 23 (10) In pursuing its legitimate right to bring to 24 justice the perpetrators of the failed July 2016 coup 25 VerDate Sep 11 2014 22:53 Apr 11, 2019 Jkt 089200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\S1075.IS S1075 pamtmann on DSKBFK8HB2PROD with BILLS 5 •S 1075 IS attempt, Turkish authorities have subjected tens of 1 thousands of other citizens of Turkey to detention 2 and criminal prosecutions, with some subjected to 3 official harassment based on specious claims and 4 guilt by association, reflecting a significant deterio- 5 ration in the respect of the Government of Turkey 6 for the rule of law and the human rights of its peo- 7 ple. 8 (11) United States citizen and National Aero- 9 nautics and Space Administration physicist Dr. 10 Serkan Go¨lge has spent more than 21⁄2 years in jail 11 in Turkey and is currently serving a 5-year sentence 12 on national security charges without any credible 13 evidence of wrongdoing. 14 SEC. 3. SENSE OF CONGRESS. 15 It is the sense of Congress that— 16 (1) the Government of Turkey should imme- 17 diately release all wrongfully detained locally em- 18 ployed staff of United States diplomatic missions 19 and citizens of the United States in Turkey and re- 20 solve such cases in a timely, fair, and transparent 21 manner; 22 (2) the United States has a moral obligation to 23 forcefully advocate for the release of wrongfully de- 24 tained locally employed staff who endure arrest, de- 25 VerDate Sep 11 2014 22:53 Apr 11, 2019 Jkt 089200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\S1075.IS S1075 pamtmann on DSKBFK8HB2PROD with BILLS 6 •S 1075 IS tention, prosecution, and imprisonment because of 1 the personal risk they often assume to themselves, 2 their families, and their communities as a result of 3 their work for and affiliation with the United States 4 Government; 5 (3) it is in the national security interest of the 6 United States to advocate for the safety and security 7 of all employees of the United States Government 8 overseas because any failure to do so emboldens 9 other foreign governments to interfere with United 10 States diplomatic, military, and other missions 11 around the world; and 12 (4) the President should— 13 (A) press the Government of Turkey, in 14 coordination with NATO allies, in all high-level 15 bilateral and multilateral fora to immediately 16 release wrongfully detained locally employed 17 staff and citizens of the United States and to 18 resolve their cases in a timely, fair, and trans- 19 parent manner; 20 (B) urge the Government of Turkey, in co- 21 ordination with NATO allies, to restore demo- 22 cratic norms and respect for the rule of law and 23 the human rights of all citizens of Turkey by 24 ceasing all arbitrary or politically motivated 25 VerDate Sep 11 2014 22:53 Apr 11, 2019 Jkt 089200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6201 E:\BILLS\S1075.IS S1075 pamtmann on DSKBFK8HB2PROD with BILLS 7 •S 1075 IS prosecutions, detentions, and dismissals, and by 1 undertaking meaningful reforms to ensure the 2 independence of the judiciary in Turkey; 3 (C) consider, in coordination with NATO 4 allies, in order to secure the prompt release of 5 wrongfully detained locally employed staff and 6 citizens of the United States in Turkey, re- 7 scinding accreditations to a commensurate 8 number of diplomats from the Embassy of Tur- 9 key to the United States; and 10 (D) support the extension of special immi- 11 grant visas to Hamza Uluc¸ay, Metin Topuz, 12 and Mete Canturk and their immediate families 13 in recognition of their distinguished service to 14 the United States under exceptional cir- 15 cumstances. 16 SEC. 4. IMPOSITION OF SANCTIONS WITH RESPECT TO 17 WRONGFUL DETENTION OF LOCALLY EM- 18 PLOYED STAFF AND UNITED STATES CITI- 19 ZENS IN TURKEY. 20 (a) IN GENERAL.—The President shall impose the 21 sanctions described in subsection (b) with respect to any 22 senior official of the Government of Turkey the President 23 determines, based on credible evidence, is, on or after the 24 date of the enactment of this Act, responsible for the 25 VerDate Sep 11 2014 22:53 Apr 11, 2019 Jkt 089200 PO 00000 Frm 00007 Fmt 6652 Sfmt 6201 E:\BILLS\S1075.IS S1075 pamtmann on DSKBFK8HB2PROD with BILLS 8 •S 1075 IS wrongful and prolonged detention of locally employed staff 1 of United States diplomatic missions or citizens of the 2 United States in Turkey. 3 (b) SANCTIONS DESCRIBED.—The sanctions to be 4 imposed under subsection (a) with respect to an official 5 described in that subsection are the following: 6 (1) INADMISSIBILITY TO UNITED STATES.—In- 7 eligibility to receive a visa to enter the United States 8 or to be admitted to the United States or, if the offi- 9 cial has been issued a visa or other documentation, 10 revocation, in accordance with section 221(i) of the 11 Immigration and Nationality Act (8 U.S.C. 1201(i)), 12 of the visa or other documentation. 13 (2) BLOCKING OF PROPERTY.— 14 (A) IN GENERAL.—The blocking and pro- 15 hibiting, in accordance with the International 16 Emergency Economic Powers Act (50 U.S.C. 17 1701 et seq.), of all transactions in all property 18 and interests in property of the official if such 19 property and interests in property are in the 20 United States, come within the United States, 21 or are or come within the possession or control 22 of a United States person. 23 (B) INAPPLICABILITY OF NATIONAL EMER- 24 GENCY REQUIREMENT.—The requirements of 25 VerDate Sep 11 2014 22:53 Apr 11, 2019 Jkt 089200 PO 00000 Frm 00008 Fmt 6652 Sfmt 6201 E:\BILLS\S1075.IS S1075 pamtmann on DSKBFK8HB2PROD with BILLS 9 •S 1075 IS section 202 of the International Emergency 1 Economic Powers Act (50 U.S.C. 1701) shall 2 not apply for purposes of this paragraph. 3 (c) EXCEPTIONS.— 4 (1) EXCEPTION TO COMPLY WITH UNITED NA- 5 TIONS HEADQUARTERS AGREEMENT AND LAW EN- 6 FORCEMENT OBJECTIVES.—Sanctions under sub- 7 section (b)(1) shall not apply to an individual if ad- 8 mitting the individual into the United States would 9 further important law enforcement objectives or is 10 necessary to permit the United Nations Head- 11 quarters Agreement or other applicable international 12 obligations of the United States. 13 (2) EXCEPTION RELATING TO IMPORTATION OF 14 GOODS.— 15 (A) IN GENERAL.—The authority to block 16 and prohibit all transactions in all property and 17 interests in property under subsection (b)(2) 18 shall not include the authority to impose sanc- 19 tions on the importation of goods. 20 (B) GOOD.—In this paragraph, the term 21 ‘‘good’’ means any article, natural or man-made 22 substance, material, supply or manufactured 23 product, including inspection and test equip- 24 ment, and excluding technical data. 25 VerDate Sep 11 2014 22:53 Apr 11, 2019 Jkt 089200 PO 00000 Frm 00009 Fmt 6652 Sfmt 6201 E:\BILLS\S1075.IS S1075 pamtmann on DSKBFK8HB2PROD with BILLS 10 •S 1075 IS (d) IMPLEMENTATION; PENALTIES.— 1 (1) IMPLEMENTATION.—The President may ex- 2 ercise all authorities provided under sections 203 3 and 205 of the International Emergency Economic 4 Powers Act (50 U.S.C. 1702 and 1704) to carry out 5 this section. 6 (2) PENALTIES.—A person that violates, at- 7 tempts to violate, conspires to violate, or causes a 8 violation of subsection (b)(2) or any regulation, li- 9 cense, or order issued to carry out that subsection 10 shall be subject to the penalties set forth in sub- 11 sections (b) and (c) of section 206 of the Inter- 12 national Emergency Economic Powers Act (50 13 U.S.C. 1705) to the same extent as a person that 14 commits an unlawful act described in subsection (a) 15 of that section. 16 (e) NATIONAL SECURITY WAIVER.—The President 17 may waive the application of sanctions under this section 18 with respect to an individual if the President determines 19 and reports to the appropriate congressional committees 20 and leadership that the waiver is in the vital national secu- 21 rity interests of the United States. 22 (f) TERMINATION.—The requirement to impose sanc- 23 tions under this section shall terminate on the date on 24 VerDate Sep 11 2014 22:53 Apr 11, 2019 Jkt 089200 PO 00000 Frm 00010 Fmt 6652 Sfmt 6201 E:\BILLS\S1075.IS S1075 pamtmann on DSKBFK8HB2PROD with BILLS 11 •S 1075 IS which the President determines and reports to the appro- 1 priate congressional committees and leadership that— 2 (1) all locally employed staff of United States 3 diplomatic missions and citizens of the United 4 States wrongfully detained by the Government of 5 Turkey have been released from detention; and 6 (2) locally employed staff of United States dip- 7 lomatic missions and citizens of the United States 8 are not subject to travel restrictions imposed by the 9 Government of Turkey. 10 SEC. 5. REPORT REQUIRED. 11 (a) IN GENERAL.—Not later than 90 days after the 12 date of the enactment of this Act, and every 120 days 13 thereafter, the President shall submit to the appropriate 14 congressional committees and leadership a report that in- 15 cludes the following: 16 (1) Information related to the wrongful and 17 prolonged detention by the Government of Turkey of 18 locally employed staff of United States diplomatic 19 missions and citizens of the United States, includ- 20 ing— 21 (A) their status within the judicial system 22 in Turkey; 23 VerDate Sep 11 2014 22:53 Apr 11, 2019 Jkt 089200 PO 00000 Frm 00011 Fmt 6652 Sfmt 6201 E:\BILLS\S1075.IS S1075 pamtmann on DSKBFK8HB2PROD with BILLS 12 •S 1075 IS (B) where applicable, the dates of their de- 1 tention, arrest, indictment, trials, and convic- 2 tions; 3 (C) a description of the access the Govern- 4 ment of Turkey grants to representatives of the 5 United States Government to the detained indi- 6 viduals and th [Text truncated for display. Full text available on Congress.gov.]