Libya Stabilization Act

IIB 116TH CONGRESS 2D SESSION H. R. 4644 IN THE SENATE OF THE UNITED STATES NOVEMBER 30, 2020 Received; read twice and referred to the Committee on Foreign Relations AN ACT To clarify United States policy toward Libya, advance a diplomatic solution to the conflict in Libya, and support the people of Libya. 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 06:06 Dec 01, 2020 Jkt 019200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\H4644.RFS H4644 kjohnson on DSK79L0C42PROD with BILLS 2 HR 4644 RFS SECTION 1. SHORT TITLE; TABLE OF CONTENTS. 1 (a) SHORT TITLE.—This Act may be cited as the 2 ‘‘Libya Stabilization Act’’. 3 (b) TABLE OF CONTENTS.—The table of contents for 4 this Act is as follows: 5 Sec. 1. Short title; table of contents. Sec. 2. Findings; statement of policy. TITLE I—IDENTIFYING CHALLENGES TO STABILITY IN LIBYA Sec. 101. Report on activities of certain foreign governments and actors in Libya. Sec. 102. Report of Russian activities and objectives in Libya. Sec. 103. Determination of sanctionable activities of the Libyan National Army with respect to Syria. TITLE II—ACTIONS TO ADDRESS FOREIGN INTERVENTION IN LIBYA Sec. 201. Sanctions with respect to foreign persons leading, directing, or sup- porting certain foreign government involvement in Libya. Sec. 202. Sanctions with respect to foreign persons threatening the peace or stability of Libya. Sec. 203. Sanctions with respect to foreign persons who are responsible for or complicit in gross violations of internationally recognized human rights committed in Libya. Sec. 204. Sanctions described. Sec. 205. Waiver. Sec. 206. Implementation and regulatory authority. Sec. 207. Exception relating to importation of goods. Sec. 208. Definitions. Sec. 209. Suspension of sanctions. Sec. 210. Sunset. TITLE III—ASSISTANCE FOR LIBYA Sec. 301. Humanitarian relief for the people of Libya and international refu- gees and migrants in Libya. Sec. 302. Support for democratic governance, elections, and civil society. Sec. 303. Engaging international financial institutions to advance Libyan eco- nomic recovery and improve public sector financial manage- ment. Sec. 304. Recovering assets stolen from the Libyan people. TITLE IV—DETERMINATION OF BUDGETARY EFFECTS Sec. 401. Determination of budgetary effects. VerDate Sep 11 2014 06:06 Dec 01, 2020 Jkt 019200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6211 E:\BILLS\H4644.RFS H4644 kjohnson on DSK79L0C42PROD with BILLS 3 HR 4644 RFS SEC. 2. FINDINGS; STATEMENT OF POLICY. 1 (a) FINDINGS.—Congress makes the following find- 2 ings: 3 (1) The stability and territorial unity of Libya 4 is critical to the security of the United States, Eu- 5 rope, North Africa, and the Sahel, as well as mari- 6 time routes in the southern Mediterranean Sea. 7 (2) United States Africa Command 8 (AFRICOM) identifies containing instability in 9 Libya as one of its six main lines of effort in Africa 10 and works to support diplomatic efforts to reconsti- 11 tute the Libyan State and to disrupt terrorist orga- 12 nizations that impede that process or threaten 13 United States interests. 14 (3) According to the Defense Intelligence Agen- 15 cy, the Islamic State in Libya (ISIS-Libya) is ‘‘de- 16 graded’’. However, Secretary of Defense Mark Esper 17 said in November 2019 that there is a continued 18 need for lethal operations to keep ISIS-Libya in a 19 degraded state. 20 (4) On April 4, 2019, Khalifa Haftar, the com- 21 mander of the Libyan National Army (LNA) or- 22 dered forces loyal to him to begin a unilateral mili- 23 tary operation to take control of Tripoli, the capital 24 of Libya and seat of the Government of National Ac- 25 cord (GNA), an interim body that emerged from 26 VerDate Sep 11 2014 06:06 Dec 01, 2020 Jkt 019200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\H4644.RFS H4644 kjohnson on DSK79L0C42PROD with BILLS 4 HR 4644 RFS previous United Nations-backed negotiations which 1 the United States Government and the United Na- 2 tions Security Council have recognized since 2015. 3 (5) Both the LNA, the GNA, and their associ- 4 ated forces have failed to observe their obligations 5 under international humanitarian law, increased the 6 geographic scope of the conflict, ignored calls for de- 7 escalation and a ceasefire, recruited foreign merce- 8 naries, and intensified ground and air campaigns 9 using heavy weapons, aircraft, and reportedly using 10 armed drones provided by foreign powers. 11 (6) According to then-United Nations Special 12 Representative and Head of the United Nations 13 Support Mission in Libya (UNSMIL), Ghassan 14 Salame´, weapons provided by foreign powers to the 15 warring parties in violation of the United Nations 16 arms embargo are being sold to or captured by ter- 17 rorist groups active in Libya. 18 (7) According to the United Nations, since the 19 LNA offensive began in April 2019, the conflict in 20 Libya has led to the deaths of more than 2,200 peo- 21 ple and the displacement of more than 150,000 peo- 22 ple. 23 (8) All sides of the conflict have requisitioned 24 the houses of civilians, targeted medical facilities, 25 VerDate Sep 11 2014 06:06 Dec 01, 2020 Jkt 019200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\H4644.RFS H4644 kjohnson on DSK79L0C42PROD with BILLS 5 HR 4644 RFS and inhibited humanitarian access to food, health, 1 and other life-saving services, worsening humani- 2 tarian conditions. 3 (9) More than 2,200 refugees and migrants are 4 detained in detention facilities in Libya with serious 5 risks of torture, starvation, sexual abuse, and death. 6 On July 2, 2019, an airstrike against the Tajura 7 Detention Center killed 53 and wounded 130 people 8 trapped in the center. The United Nations has called 9 for the immediate release, evacuation, and protection 10 of refugees and migrants detained in conflict zones. 11 (10) The Department of State’s 2020 Traf- 12 ficking in Persons Report states with regard to 13 Libya, ‘‘Trafficking victims—including men, women, 14 and children—are highly vulnerable to extreme vio- 15 lence and other human rights violations in Libya by 16 governmental and non-state armed groups, includ- 17 ing: physical, sexual, and verbal assault; abduction 18 for ransom; extortion; arbitrary killings; inhumane 19 detention; and child soldiering. . .Migrants in Libya 20 are extremely vulnerable to sex and labor trafficking 21 [and . . .] are vulnerable to exploitation by state 22 and non-state actors, including employers who refuse 23 to pay laborers’ wages.’’. 24 VerDate Sep 11 2014 06:06 Dec 01, 2020 Jkt 019200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\H4644.RFS H4644 kjohnson on DSK79L0C42PROD with BILLS 6 HR 4644 RFS (11) In November 2019, the GNA and the Gov- 1 ernment of Turkey signed a Memorandum of Under- 2 standing on maritime boundaries in the Mediterra- 3 nean Sea. 4 (12) According to a July 2020 Department of 5 Defense Inspector General report, the Wagner 6 Group, a Russian private military company, has de- 7 ployed as many as 2,500 mercenary forces, including 8 some Syrian fighters, advanced equipment, and ad- 9 vanced capabilities to support the LNA and Russian 10 objectives in North Africa. 11 (13) According to a July 2020 Department of 12 Defense Inspector General report, ‘‘Turkey’s presi- 13 dent acknowledged that his country sent many Syr- 14 ian militants to Libya to support the Government of 15 National Accord (GNA). . ..USAFRICOM esti- 16 mated that 3,500 Syrian mercenaries were in Libya 17 supporting the GNA as of the end of March. Citing 18 press reports, USAFRICOM stated that an addi- 19 tional 300 Turkish-supported ‘Syrian opposition’ 20 fighters arrived in Libya in early April.’’. 21 (14) In January 2020, LNA-aligned forces shut 22 down oil production in eastern Libya, which accord- 23 ing to the United Nations threatens devastating con- 24 VerDate Sep 11 2014 06:06 Dec 01, 2020 Jkt 019200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6201 E:\BILLS\H4644.RFS H4644 kjohnson on DSK79L0C42PROD with BILLS 7 HR 4644 RFS sequences for the Libyan people and for the coun- 1 try’s economic and financial situation. 2 (15) On January 19, 2020, at a peace con- 3 ference in Berlin, representatives of the Govern- 4 ments of Algeria, China, Egypt, France, Germany, 5 Italy, Russia, Turkey, the Republic of Congo, the 6 United Arab Emirates, the United Kingdom, and 7 the United States, as well as regional and multilat- 8 eral organizations, agreed to refrain from inter- 9 ference in Libya’s internal affairs, abide by the 10 United Nations arms embargo, and advance a 55- 11 point communique to resolve the conflict in Libya. 12 (16) On January 30, 2020, then-United Na- 13 tions Special Representative Salame´ asserted, ‘‘the 14 warring parties have continued to receive advanced 15 equipment, fighters, and advisors from foreign 16 states, in violation of the UN arms embargo and 17 pledges made by representatives of these countries in 18 Berlin’’. 19 (17) On February 12, 2020, the United States 20 Assistant Secretary of State for Near Eastern Af- 21 fairs testified before the Senate Foreign Relations 22 Committee, ‘‘The task of bringing the Libyans back 23 to the negotiating table has been complicated by the 24 involvement of external actors. Libya is not the place 25 VerDate Sep 11 2014 06:06 Dec 01, 2020 Jkt 019200 PO 00000 Frm 00007 Fmt 6652 Sfmt 6201 E:\BILLS\H4644.RFS H4644 kjohnson on DSK79L0C42PROD with BILLS 8 HR 4644 RFS for Russian mercenaries, or fighters from Syria, 1 Chad, and Sudan. It is not the place for the 2 Emiratis, Russians, or Turks to be fighting battles 3 on the ground through intermediaries they sponsor 4 or support with sophisticated and deadly equipment 5 in pursuit of their own agendas.’’. 6 (18) On February 13, 2020, the United Na- 7 tions Security Council adopted Resolution 2510, 8 which endorses the Conclusions of the International 9 Conference on Libya held in Berlin, affirms the need 10 for a lasting ceasefire, demands full compliance by 11 all member states with the United Nations arms em- 12 bargo, and expresses unequivocal support for the 13 United Nations Special Representative and the ongo- 14 ing UNSMIL-facilitated intra-Libyan dialogue. 15 (b) STATEMENT OF POLICY.—It is the policy of the 16 United States— 17 (1) to advance a peaceful resolution to the con- 18 flict in Libya through a political process as the best 19 way to secure United States interests, ensure a sta- 20 ble and unified Libya, reduce the threat of ter- 21 rorism, and provide peace and opportunity to the 22 Libyan people; 23 (2) to support the implementation of United 24 Nations Security Council Resolutions 1970 (2011) 25 VerDate Sep 11 2014 06:06 Dec 01, 2020 Jkt 019200 PO 00000 Frm 00008 Fmt 6652 Sfmt 6201 E:\BILLS\H4644.RFS H4644 kjohnson on DSK79L0C42PROD with BILLS 9 HR 4644 RFS and 1973 (2011), which established an arms embar- 1 go on Libya, and subsequent resolutions modifying 2 and extending the embargo; 3 (3) to enforce Executive Order 13726 (81 Fed. 4 Reg. 23559; relating to blocking property and sus- 5 pending entry into the United States of persons con- 6 tributing to the situation in Libya (April 19, 2016)), 7 designed to target individuals or entities who 8 ‘‘threaten the peace, security, and stability of 9 Libya’’; 10 (4) to oppose attacks on civilians, medical work- 11 ers, and critical infrastructure, including water sup- 12 plies, in Libya, and to support accountability for 13 those engaged in such heinous actions; 14 (5) to support Libya’s sovereignty, independ- 15 ence, territorial integrity, and national unity con- 16 sistent with United Nations Security Council Resolu- 17 tion 2510 (2020) and all predecessor resolutions 18 with respect to Libya, including by— 19 (A) taking action to end the violence and 20 flow of arms; 21 (B) rejecting attempts by any party to il- 22 licitly export Libya’s oil; and 23 (C) urging Libyan parties to eject foreign 24 military and mercenary forces; 25 VerDate Sep 11 2014 06:06 Dec 01, 2020 Jkt 019200 PO 00000 Frm 00009 Fmt 6652 Sfmt 6201 E:\BILLS\H4644.RFS H4644 kjohnson on DSK79L0C42PROD with BILLS 10 HR 4644 RFS (6) to leverage diplomatic relations to convince 1 the parties to the conflict in Libya to immediately 2 de-escalate and halt their current fighting and per- 3 suade foreign powers to stop providing personnel, in- 4 cluding mercenaries, weapons, and financing that ex- 5 acerbate the conflict; 6 (7) to support building on the Libyan Political 7 Agreement as a viable framework for the political so- 8 lution in Libya and to urge all Libyan parties to re- 9 sume the inclusive Libyan-led and Libyan-owned po- 10 litical process under the auspices of UNSMIL; 11 (8) to support a negotiated and peaceful polit- 12 ical solution that includes a single, unified, inclusive, 13 and effective Libyan Government approved by the 14 Libyan House of Representatives, the end of a tran- 15 sitional period achieved through free, fair, inclusive, 16 and credible elections, a fair and transparent alloca- 17 tion of resources, interim security arrangements, 18 and a process for the reunification of Libyan govern- 19 ment ministries and Libyan sovereign institutions, 20 including the Central Bank of Libya, the National 21 Oil Corporation, and the Libyan Investment Author- 22 ity; 23 (9) to support constant, unimpeded, and reli- 24 able humanitarian access to those in need and to 25 VerDate Sep 11 2014 06:06 Dec 01, 2020 Jkt 019200 PO 00000 Frm 00010 Fmt 6652 Sfmt 6201 E:\BILLS\H4644.RFS H4644 kjohnson on DSK79L0C42PROD with BILLS 11 HR 4644 RFS hold accountable those who impede or threaten the 1 delivery of humanitarian assistance; 2 (10) to seek to bring an end to trafficking in 3 persons such as slavery, forced labor, and sexual ex- 4 ploitation, including with respect to migrants; 5 (11) to advocate for the immediate release and 6 safe evacuations of detained refugees and migrants 7 trapped by the fighting in Libya; 8 (12) to encourage implementation of 9 UNSMIL’s plan for the organized and gradual clo- 10 sure of migrant detention centers in Libya; 11 (13) to support current and future democratic 12 and economic development; and 13 (14) to discourage all parties from heightening 14 tensions in the region, through unhelpful and pro- 15 vocative actions. 16 TITLE I—IDENTIFYING CHAL- 17 LENGES TO STABILITY IN 18 LIBYA 19 SEC. 101. REPORT ON ACTIVITIES OF CERTAIN FOREIGN 20 GOVERNMENTS AND ACTORS IN LIBYA. 21 (a) IN GENERAL.—Not later than 90 days after the 22 date of the enactment of this Act, the Secretary of State, 23 in consultation with the Director of National Intelligence, 24 VerDate Sep 11 2014 06:06 Dec 01, 2020 Jkt 019200 PO 00000 Frm 0 [Text truncated for display. Full text available on Congress.gov.]