Vietnam Human Rights Sanctions Act of 2019

II 116TH CONGRESS 1ST SESSION S. 1369 To impose sanctions on individuals who are complicit in human rights abuses committed against nationals of Vietnam or their family members, and for other purposes. IN THE SENATE OF THE UNITED STATES MAY 8, 2019 Mr. CORNYN (for himself, Mr. BOOZMAN, Mr. CASSIDY, and Mr. RUBIO) intro- duced the following bill; which was read twice and referred to the Com- mittee on Foreign Relations A BILL To impose sanctions on individuals who are complicit in human rights abuses committed against nationals of Vietnam or their family members, and for other pur- poses. 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 ‘‘Vietnam Human 4 Rights Sanctions Act of 2019’’. 5 SEC. 2. FINDINGS. 6 Congress makes the following findings: 7 VerDate Sep 11 2014 03:29 May 15, 2019 Jkt 089200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 \\ALPHA3\E\BILLS\S1369.IS S1369 kjohnson on DSK79L0C42 with BILLS 2 •S 1369 IS (1) The relationship between the United States 1 and the Socialist Republic of Vietnam has grown 2 substantially since the end of the trade embargo in 3 1994, with annual trade between the countries 4 reaching more than $36,000,000,000 in 2014. 5 (2) However, the transition by the Government 6 of Vietnam toward greater economic activity and 7 trade, which has led to increased bilateral engage- 8 ment between the United States and Vietnam, has 9 not been matched by greater political freedom or 10 substantial improvements in basic human rights for 11 the people of Vietnam. 12 (3) Vietnam remains an authoritarian state 13 ruled by the Communist Party of Vietnam, which 14 continues to deny the right of the people of Vietnam 15 to participate in free and fair elections. 16 (4) According to the Department of State’s 17 2014 Country Reports on Human Rights Practices, 18 Vietnam’s ‘‘most significant human rights problems 19 . . . were severe government restrictions of citizens’ 20 political rights, particularly their right to change 21 their government through free and fair elections; 22 limits on citizens’ civil liberties, including freedom of 23 assembly and expression; and inadequate protection 24 VerDate Sep 11 2014 03:29 May 15, 2019 Jkt 089200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 \\ALPHA3\E\BILLS\S1369.IS S1369 kjohnson on DSK79L0C42 with BILLS 3 •S 1369 IS of citizens’ due process rights, including protection 1 against arbitrary detention’’. 2 (5) The Country Reports also state that the 3 Government of Vietnam ‘‘continued to restrict 4 speech that criticized individual government leaders; 5 promoted political pluralism or multi-party democ- 6 racy; or questioned policies on sensitive matters, 7 such as human rights, religious freedom, or sov- 8 ereignty disputes with China’’ and ‘‘sought to im- 9 pede criticism by monitoring meetings and commu- 10 nications of political activists’’. 11 (6) Furthermore, the Department of State doc- 12 uments that ‘‘arbitrary arrest and detention, par- 13 ticularly for political activists, remained a problem’’, 14 with the Government of Vietnam sentencing 29 ar- 15 rested activists during 2014. Of those, 6 activists 16 were convicted on national security charges in the 17 penal code for ‘‘undermining the unity policy’’, 17 18 for ‘‘causing public disorder’’, and 6 for ‘‘abusing 19 democratic freedoms’’. 20 (7) At the end of 2014, the Government of 21 Vietnam reportedly held more than 125 political 22 prisoners. 23 (8) On September 24, 2012, 3 prominent Viet- 24 namese bloggers—Nguyen Van Hai (also known as 25 VerDate Sep 11 2014 03:29 May 15, 2019 Jkt 089200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 \\ALPHA3\E\BILLS\S1369.IS S1369 kjohnson on DSK79L0C42 with BILLS 4 •S 1369 IS Dieu Cay), Ta Phong Tan, and Phan Thanh Hai 1 (also known as Anh Ba Saigon)—were sentenced to 2 prison based on 3-year-old blog postings criticizing 3 the Government and leaders of Vietnam and the 4 Communist Party of Vietnam. Nguyen Van Hai 5 served 2 years of a 12-year prison sentence on 6 charges of ‘‘conducting propaganda against the 7 state’’ but was later released and departed from 8 Vietnam. If he were to return, he would likely have 9 to complete his prison sentence. 10 (9) United Nations High Commissioner for 11 Human Rights Navi Pillay responded to the sen- 12 tencing of the bloggers on September 25, 2012, stat- 13 ing that ‘‘[t]he harsh prison terms handed down to 14 bloggers exemplify the severe restrictions on freedom 15 of expression in Vietnam’’ and calling the sentences 16 an ‘‘unfortunate development that undermines the 17 commitments Vietnam has made internationally . . . 18 to protect and promote the right to freedom of ex- 19 pression’’. 20 (10) On March 21, 2013, Deputy Assistant 21 Secretary of State for Democracy, Human Rights, 22 and Labor Daniel B. Baer testified before the Sub- 23 committee on East Asian and Pacific Affairs of the 24 Committee on Foreign Relations of the Senate that 25 VerDate Sep 11 2014 03:29 May 15, 2019 Jkt 089200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 \\ALPHA3\E\BILLS\S1369.IS S1369 kjohnson on DSK79L0C42 with BILLS 5 •S 1369 IS ‘‘in Vietnam we’ve been disappointed in recent years 1 to see backsliding, particularly on . . . freedom of ex- 2 pression issues . . . people are being prosecuted for 3 what they say online under really draconian national 4 security laws . . . that is an issue that we continue 5 to raise, both in our human rights dialogue with the 6 Vietnamese as well as in other bilateral engage- 7 ments’’. 8 (11) Although the Constitution of Vietnam pro- 9 vides for freedom of religion, the Department of 10 State’s 2013 International Religious Freedom Re- 11 port maintains, ‘‘Government practices and bureau- 12 cratic impediments restricted religious freedom. Un- 13 registered and unrecognized religious groups were 14 often subject to harassment, as well as coercive and 15 punitive actions by authorities.’’. 16 (12) Likewise, the United States Commission 17 on International Religious Freedom 2015 Annual 18 Report states, ‘‘The Vietnamese government con- 19 tinues to control all religious activities through law 20 and administrative oversight, restrict severely inde- 21 pendent religious practice, and repress individuals 22 and religious groups it views as challenging its au- 23 thority, including independent Buddhists, Hoa Hao, 24 Cao Dai, Catholics, and Protestants.’’. 25 VerDate Sep 11 2014 03:29 May 15, 2019 Jkt 089200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 \\ALPHA3\E\BILLS\S1369.IS S1369 kjohnson on DSK79L0C42 with BILLS 6 •S 1369 IS (13) The 2013 Annual Report notes that in 1 2004 the United States designated Vietnam as a 2 country of particular concern for religious freedom 3 pursuant to section 402(b)(1) of the International 4 Religious Freedom Act of 1998 (22 U.S.C. 5 6442(b)(1)), and that Vietnam responded at that 6 time by releasing prisoners, prohibiting the policy of 7 forced renunciations of faith, and expanding protec- 8 tions for religious groups, and that ‘‘[m]ost religious 9 leaders in Vietnam attributed these positive changes 10 to the [country of particular concern] designation 11 and the priority placed on religious freedom con- 12 cerns in U.S.-Vietnamese bilateral relations’’. 13 (14) However, the 2013 Annual Report con- 14 cludes that since the designation as a country of 15 particular concern was lifted from Vietnam in 2006, 16 ‘‘religious freedom conditions in Vietnam remain 17 mixed’’, and therefore recommends to the Depart- 18 ment of State that Vietnam should be redesignated 19 as a country of particular concern. 20 (15) Deputy Assistant Secretary of State Baer 21 likewise testified that ‘‘[i]n Vietnam the right to reli- 22 gious freedom, which seemed to be improving several 23 years ago, has been stagnant for several years’’. 24 VerDate Sep 11 2014 03:29 May 15, 2019 Jkt 089200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6201 \\ALPHA3\E\BILLS\S1369.IS S1369 kjohnson on DSK79L0C42 with BILLS 7 •S 1369 IS SEC. 3. IMPOSITION OF SANCTIONS ON CERTAIN INDIVID- 1 UALS WHO ARE COMPLICIT IN HUMAN 2 RIGHTS ABUSES COMMITTED AGAINST NA- 3 TIONALS OF VIETNAM OR THEIR FAMILY 4 MEMBERS. 5 (a) DEFINITIONS.—In this section: 6 (1) ADMITTED; ALIEN; IMMIGRATION LAWS; NA- 7 TIONAL.—The terms ‘‘admitted’’, ‘‘alien’’, ‘‘immigra- 8 tion laws’’, and ‘‘national’’ have the meanings given 9 those terms in section 101 of the Immigration and 10 Nationality Act (8 U.S.C. 1101). 11 (2) APPROPRIATE CONGRESSIONAL COMMIT- 12 TEES.—The term ‘‘appropriate congressional com- 13 mittees’’ means— 14 (A) the Committee on Finance, the Com- 15 mittee on Banking, Housing, and Urban Af- 16 fairs, and the Committee on Foreign Relations 17 of the Senate; and 18 (B) the Committee on Ways and Means, 19 the Committee on Financial Services, and the 20 Committee on Foreign Affairs of the House of 21 Representatives. 22 (3) CONVENTION AGAINST TORTURE.—The 23 term ‘‘Convention against Torture’’ means the 24 United Nations Convention against Torture and 25 Other Cruel, Inhuman or Degrading Treatment or 26 VerDate Sep 11 2014 03:29 May 15, 2019 Jkt 089200 PO 00000 Frm 00007 Fmt 6652 Sfmt 6201 \\ALPHA3\E\BILLS\S1369.IS S1369 kjohnson on DSK79L0C42 with BILLS 8 •S 1369 IS Punishment, done at New York on December 10, 1 1984. 2 (4) UNITED STATES PERSON.—The term 3 ‘‘United States person’’ means— 4 (A) a United States citizen or an alien law- 5 fully admitted for permanent residence to the 6 United States; or 7 (B) an entity organized under the laws of 8 the United States or of any jurisdiction within 9 the United States, including a foreign branch of 10 such an entity. 11 (b) IMPOSITION OF SANCTIONS.—Except as provided 12 in subsections (e) and (f), the President shall impose the 13 sanctions described in subsection (d) with respect to each 14 individual on the list required by subsection (c)(1). 15 (c) LIST OF INDIVIDUALS WHO ARE COMPLICIT IN 16 CERTAIN HUMAN RIGHTS ABUSES.— 17 (1) IN GENERAL.—Not later than 90 days after 18 the date of the enactment of this Act, the President 19 shall submit to the appropriate congressional com- 20 mittees a list of individuals who are nationals of 21 Vietnam that the President determines are complicit 22 in human rights abuses committed against nationals 23 of Vietnam or their family members, regardless of 24 whether such abuses occurred in Vietnam. 25 VerDate Sep 11 2014 03:29 May 15, 2019 Jkt 089200 PO 00000 Frm 00008 Fmt 6652 Sfmt 6201 \\ALPHA3\E\BILLS\S1369.IS S1369 kjohnson on DSK79L0C42 with BILLS 9 •S 1369 IS (2) UPDATES OF LIST.—The President shall 1 submit to the appropriate congressional committees 2 an updated list under paragraph (1) as new infor- 3 mation becomes available and not less frequently 4 than annually. 5 (3) PUBLIC AVAILABILITY.—The list required 6 by paragraph (1) shall be made available to the pub- 7 lic and posted on the websites of the Department of 8 the Treasury and the Department of State. 9 (4) CONSIDERATION OF DATA FROM OTHER 10 COUNTRIES AND NONGOVERNMENTAL ORGANIZA- 11 TIONS.—In preparing the list required by paragraph 12 (1), the President shall consider data already ob- 13 tained by other countries and nongovernmental orga- 14 nizations, including organizations in Vietnam, that 15 monitor the human rights abuses of the Government 16 of Vietnam. 17 (d) SANCTIONS.— 18 (1) PROHIBITION ON ENTRY AND ADMISSION TO 19 THE UNITED STATES.—An individual on the list re- 20 quired by subsection (c)(1) may not— 21 (A) be admitted to, enter, or transit 22 through the United States; 23 (B) receive any lawful immigration status 24 in the United States under the immigration 25 VerDate Sep 11 2014 03:29 May 15, 2019 Jkt 089200 PO 00000 Frm 00009 Fmt 6652 Sfmt 6201 \\ALPHA3\E\BILLS\S1369.IS S1369 kjohnson on DSK79L0C42 with BILLS 10 •S 1369 IS laws, including any relief under the Convention 1 against Torture; or 2 (C) file any application or petition to ob- 3 tain such admission, entry, or status. 4 (2) FINANCIAL SANCTIONS.—The President 5 shall block and prohibit all transactions in all prop- 6 erty and interests in property of an individual on the 7 list required by subsection (c)(1) if such property 8 and interests in property are in the United States, 9 come within the United States, or are or come with- 10 in the possession or control of a United States per- 11 son. 12 (3) EXCEPTIONS TO COMPLY WITH INTER- 13 NATIONAL AGREEMENTS.—The President may, by 14 regulation, authorize exceptions to the imposition of 15 sanctions under paragraph (1) to permit the United 16 States to comply with the Agreement regarding the 17 Headquarters of the United Nations, signed at Lake 18 Success June 26, 1947, and entered into force No- 19 vember 21, 1947, between the United Nations and 20 the United States, and other applicable international 21 agreements. 22 (4) EXCEPTION RELATING TO IMPORTATION OF 23 GOODS.— 24 VerDate Sep 11 2014 03:29 May 15, 2019 Jkt 089200 PO 00000 Frm 00010 Fmt 6652 Sfmt 6201 \\ALPHA3\E\BILLS\S1369.IS S1369 kjohnson on DSK79L0C42 with BILLS 11 •S 1369 IS (A) IN GENERAL.—The requirement to 1 block and prohibit all transactions in all prop- 2 erty and interests in property under paragraph 3 (2) shall not include the authority to impose 4 sanctions on the importation of goods. 5 (B) GOOD DEFINED.—In this paragraph, 6 the term ‘‘good’’ means any article, natural or 7 man-made substance, material, supply or manu- 8 factured product, including inspection and test 9 equipment, and excluding technical data. 10 (e) WAIVER.—The President may waive the require- 11 ment to impose or maintain sanctions with respect to an 12 individual under subsection (b) or the requirement to in- 13 clude an individual on the list required by subsection 14 (c)(1) if the President— 15 (1) determines that such a waiver is in the na- 16 tional interest of the United States; and 17 (2) submits to the appropriate congressional 18 committees a report describing the reasons for the 19 determination. 20 (f) TERMINATION OF SANCTIONS.—The provisions of 21 this section shall terminate on the date on which the Presi- 22 dent determines and certifies to the appropriate congres- 23 sional committees that the Government of Vietnam has— 24 VerDate Sep 11 2014 03:29 May 15, 2019 Jkt 089200 PO 00000 Frm 00011 Fmt 6652 Sfmt 6201 \\ALPHA3\E\BILLS\S1369.IS S1369 kjohnson on DSK79L0C42 with BILLS 12 •S 1369 IS (1) unconditionally released all political pris- 1 oners; 2 (2) ceased its practices of violence, unlawful de- 3 tention, torture, and abuse of nationals of Vietnam 4 while those nationals are engaging in peaceful polit- 5 ical activity; and 6 (3) conducted a transparent investigation into 7 the killings, arrest [Text truncated for display. 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