Cambodia Accountability and Return on Investment Act of 2019

II 116TH CONGRESS 1ST SESSION S. 1468 To support the successful implementation of the 1991 Paris Peace Agreement in Cambodia, and for other purposes. IN THE SENATE OF THE UNITED STATES MAY 14, 2019 Mr. GRAHAM (for himself, Mr. DURBIN, and Mr. RUBIO) introduced the fol- lowing bill; which was read twice and referred to the Committee on For- eign Relations A BILL To support the successful implementation of the 1991 Paris Peace Agreement in Cambodia, 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 ‘‘Cambodia Account- 4 ability and Return on Investment Act of 2019’’. 5 SEC. 2. STRENGTHENING DEMOCRACY AND THE SOV- 6 EREIGNTY OF CAMBODIA. 7 (a) CONDITIONS OF ASSISTANCE FOR CAMBODIA.— 8 (1) IN GENERAL.—No funds authorized to be 9 appropriated for assistance for the Government of 10 VerDate Sep 11 2014 02:20 May 25, 2019 Jkt 089200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\S1468.IS S1468 kjohnson on DSK79L0C42 with BILLS 2 •S 1468 IS Cambodia may be made available for that purpose 1 unless the Secretary of State makes the certification 2 described in paragraph (2). 3 (2) CERTIFICATION DESCRIBED.—The certifi- 4 cation described in this paragraph is a certification 5 to the appropriate congressional committees that the 6 Government of Cambodia is taking effective steps 7 to— 8 (A) strengthen regional security and sta- 9 bility, particularly regarding territorial disputes 10 in the South China Sea and the enforcement of 11 international sanctions with respect to North 12 Korea; 13 (B) protect its sovereignty from inter- 14 ference by the People’s Republic of China; and 15 (C) respect the rights and responsibilities 16 enshrined in the Constitution of the Kingdom 17 of Cambodia enacted in 1993, including— 18 (i) the immediate and unconditional 19 release from house arrest of opposition pol- 20 itician Kem Sokha and the dismissal of the 21 politically motivated charges against him; 22 (ii) the immediate and unconditional 23 release from detention of all other known 24 political opposition party members and 25 VerDate Sep 11 2014 02:20 May 25, 2019 Jkt 089200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\S1468.IS S1468 kjohnson on DSK79L0C42 with BILLS 3 •S 1468 IS civil society representatives who were pros- 1 ecuted for exercising their civil or political 2 rights, and dismissal of the politically mo- 3 tivated charges against them; 4 (iii) the dismissal of politically moti- 5 vated criminal charges against other oppo- 6 sition party leaders and supporters, includ- 7 ing opposition leader Sam Rainsy, and 8 criminal charges against other dissidents, 9 government critics, and journalists, includ- 10 ing Radio Free Asia journalists Uon Chhin 11 and Yeang Sothearin; 12 (iv) the repeal of 2017 and 2019 13 amendments to the Law on Political Par- 14 ties that permitted the arbitrary dissolu- 15 tion of opposition parties in Cambodia, in- 16 cluding the Cambodia National Rescue 17 Party, and the prohibition of over 100 op- 18 position party members from political ac- 19 tivity; and 20 (v) the repeal of laws, amendments, 21 decrees, and regulations that serve as a 22 pretext for the Government of Cambodia to 23 prosecute opposition political party mem- 24 bers and political dissidents and to 25 VerDate Sep 11 2014 02:20 May 25, 2019 Jkt 089200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\S1468.IS S1468 kjohnson on DSK79L0C42 with BILLS 4 •S 1468 IS weaponize the rule of law, including: the 1 Law on Associations and Non-Govern- 2 mental Organizations; the Law on Trade 3 Unions; the Law on Telecommunications; 4 National Law Decree No. 170 Br.K/Inter- 5 ministerial (Prakas) allowing for the re- 6 moval and blocking of online content that 7 is critical of such government; and con- 8 stitutional amendments and amendments 9 to the Penal Code introducing clauses on 10 lese majeste. 11 (b) INADMISSIBILITY OF INDIVIDUALS WHO UNDER- 12 MINE DEMOCRACY IN CAMBODIA.— 13 (1) POLICY.— 14 (A) IN GENERAL.—The Secretary of State, 15 in consultation with the Secretary of Homeland 16 Security, shall continue to implement the policy 17 announced by the Department of State on De- 18 cember 6, 2017, to restrict entry into the 19 United States of individuals involved in under- 20 mining democracy in Cambodia, including— 21 (i) senior officials of the Government 22 of Cambodia, including the military, gen- 23 darmerie, police, and judiciary; 24 VerDate Sep 11 2014 02:20 May 25, 2019 Jkt 089200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\S1468.IS S1468 kjohnson on DSK79L0C42 with BILLS 5 •S 1468 IS (ii) officers and employees of entities, 1 including international commercial facilita- 2 tors and offshore entities, owned or con- 3 trolled by such officials; and 4 (iii) immediate family members of 5 such officials. 6 (B) DURATION.—The entry restriction pol- 7 icy described in subparagraph (A) shall remain 8 in effect until the Secretary of State makes the 9 certification described in subsection (a)(2). 10 (2) REPORT REQUIRED.— 11 (A) IN GENERAL.—Not later than 30 days 12 after the date of the enactment of this Act, and 13 every 90 days thereafter until December 31, 14 2021, the Secretary of State shall submit to the 15 appropriate congressional committees a report 16 that— 17 (i) describes the measures taken to 18 implement the entry restriction policy de- 19 scribed in paragraph (1)(A); and 20 (ii) includes a comprehensive list of 21 the individuals subject to the policy. 22 (B) FORM OF REPORT.—Each report re- 23 quired by subparagraph (A) shall be submitted 24 VerDate Sep 11 2014 02:20 May 25, 2019 Jkt 089200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\S1468.IS S1468 kjohnson on DSK79L0C42 with BILLS 6 •S 1468 IS in unclassified form but may include a classified 1 annex. 2 (c) BLOCKING OF PROPERTY OF INDIVIDUALS WHO 3 UNDERMINE DEMOCRACY IN CAMBODIA.— 4 (1) REPORTS TO OFFICE OF FOREIGN ASSETS 5 CONTROL.—Not later than 60 days after the date of 6 the enactment of this Act, the President shall take 7 such action as is necessary to direct, including 8 through the promulgation of regulations, that any 9 United States financial institution holding, man- 10 aging, or transferring property or interests in prop- 11 erty of an individual described in subsection 12 (b)(1)(A), shall promptly report such property or in- 13 terests in property to the Office of Foreign Assets 14 Control of the Department of the Treasury. 15 (2) BLOCKING OF PROPERTY.—The President 16 may, pursuant to the International Emergency Eco- 17 nomic Powers Act (50 U.S.C. 1701 et seq.) and sub- 18 ject to such regulations as the President may pre- 19 scribe, block and prohibit all transactions in all 20 property and interests in property of an individual 21 described in subsection (b)(1)(A), if such property 22 and interests in property are in the United States, 23 come within the United States, or are or come with- 24 VerDate Sep 11 2014 02:20 May 25, 2019 Jkt 089200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6201 E:\BILLS\S1468.IS S1468 kjohnson on DSK79L0C42 with BILLS 7 •S 1468 IS in the possession or control of a United States per- 1 son. 2 (3) PENALTIES.—A person that violates, at- 3 tempts to violate, conspires to violate, or causes a 4 violation of this subsection or any regulation, license, 5 or order issued to carry out this subsection shall be 6 subject to the penalties set forth in subsections (b) 7 and (c) of section 206 of the International Emer- 8 gency Economic Powers Act (50 U.S.C. 1705) to the 9 same extent as a person that commits an unlawful 10 act described in subsection (a) of that section. 11 (d) SUSPENSION OF ELIGIBILITY FOR GENERALIZED 12 SYSTEM OF PREFERENCES.—Not later than 90 days after 13 the date of the enactment of this Act, the designation of 14 Cambodia under section 502 of the Trade Act of 1974 15 (19 U.S.C. 2462) as a beneficiary developing country for 16 purposes of the Generalized System of Preferences under 17 title V of that Act (19 U.S.C. 2461 et seq.) shall be sus- 18 pended until the Secretary of State makes the certification 19 described in subsection (a)(2). 20 (e) PROHIBITION ON DEBT RELIEF.—The Secretary 21 of State may not negotiate for or establish a program of 22 debt relief for the Government of Cambodia until the Sec- 23 retary of State makes the certification described in sub- 24 section (a)(2). 25 VerDate Sep 11 2014 02:20 May 25, 2019 Jkt 089200 PO 00000 Frm 00007 Fmt 6652 Sfmt 6201 E:\BILLS\S1468.IS S1468 kjohnson on DSK79L0C42 with BILLS 8 •S 1468 IS (f) OPPOSITION TO LOANS AND ASSISTANCE BY 1 INTERNATIONAL FINANCIAL INSTITUTIONS.—The Sec- 2 retary of the Treasury shall instruct the United States ex- 3 ecutive director to each international financial institution 4 to use the voice and vote of the United States to oppose 5 the extension by that institution of any loan or financial 6 or technical assistance for the Government of Cambodia, 7 other than to meet basic human needs, until the Secretary 8 of State makes the certification described in subsection 9 (a)(2). 10 (g) ONLINE INFORMATION PROGRAMS ON THE IN- 11 TERFERENCE OF THE PEOPLE’S REPUBLIC OF CHINA IN 12 THE SOVEREIGNTY OF CAMBODIA.—There are authorized 13 to be appropriated such sums as may be necessary for 14 Khmer-language programs to be broadcast on the internet 15 that inform and educate the people of Cambodia on the 16 role of— 17 (1) the Government of the People’s Republic of 18 China in supporting the Communist Party of 19 Kampuchea and the Democratic Kampuchea regime 20 of Pol Pot; 21 (2) the international community, particularly 22 the United States, in supporting implementation of 23 the Agreement on a Comprehensive Political Settle- 24 ment of the Cambodia Conflict, signed October 23, 25 VerDate Sep 11 2014 02:20 May 25, 2019 Jkt 089200 PO 00000 Frm 00008 Fmt 6652 Sfmt 6201 E:\BILLS\S1468.IS S1468 kjohnson on DSK79L0C42 with BILLS 9 •S 1468 IS 1991 (commonly known as the ‘‘1991 Paris Peace 1 Agreement’’), and providing assistance for the devel- 2 opment of Cambodia from 1991 to 2018, consistent 3 with the letter and spirit of that Agreement; 4 (3) the Government of Cambodia in imple- 5 menting that Agreement; and 6 (4) the People’s Republic of China in under- 7 mining the sovereignty of Cambodia today, includ- 8 ing— 9 (A) the extent of its influence among sen- 10 ior Government of Cambodia officials and overt 11 and covert methods for exerting such influence; 12 (B) involvement in licit and illicit busi- 13 nesses, particularly in the coastal provinces of 14 Koh Kong and Sihanoukville; and 15 (C) the strategic designs on the geography 16 of Cambodia for military and other security 17 purposes through dual use investments and 18 projects. 19 (h) DEFINITIONS.—In this section: 20 (1) APPROPRIATE CONGRESSIONAL COMMIT- 21 TEES.—The term ‘‘appropriate congressional com- 22 mittees’’ means— 23 (A) the Committee on Appropriations, the 24 Committee on Banking, Housing, and Urban 25 VerDate Sep 11 2014 02:20 May 25, 2019 Jkt 089200 PO 00000 Frm 00009 Fmt 6652 Sfmt 6201 E:\BILLS\S1468.IS S1468 kjohnson on DSK79L0C42 with BILLS 10 •S 1468 IS Affairs, and the Committee on Foreign Rela- 1 tions of the Senate; and 2 (B) the Committee on Appropriations, the 3 Committee on Financial Services, and the Com- 4 mittee on Foreign Affairs of the House of Rep- 5 resentatives. 6 (2) INTERNATIONAL FINANCIAL INSTITU- 7 TION.—The term ‘‘international financial institu- 8 tion’’ has the meaning given that term in section 9 1701(c) of the International Financial Institutions 10 Act (22 U.S.C. 262r(c)). 11 (3) UNITED STATES PERSON.—The term 12 ‘‘United States person’’ means— 13 (A) a United States citizen or an alien law- 14 fully admitted for permanent residence to the 15 United States; or 16 (B) an entity organized under the laws of 17 the United States or of any jurisdiction within 18 the United States, including a foreign branch of 19 such an entity. 20 Æ VerDate Sep 11 2014 02:20 May 25, 2019 Jkt 089200 PO 00000 Frm 00010 Fmt 6652 Sfmt 6301 E:\BILLS\S1468.IS S1468 kjohnson on DSK79L0C42 with BILLS