Countering Turkish Aggression Act of 2019

I 116TH CONGRESS 1ST SESSION H. R. 4692 To impose sanctions with respect to Turkey, and for other purposes. IN THE HOUSE OF REPRESENTATIVES OCTOBER 16, 2019 Ms. CHENEY (for herself, Mr. ABRAHAM, Mr. ARRINGTON, Mr. BACON, Mr. BALDERSON, Mr. BANKS, Mr. BERGMAN, Mr. BILIRAKIS, Mrs. BROOKS of Indiana, Mr. BUCSHON, Mr. BUDD, Mr. CALVERT, Mr. CARTER of Georgia, Mr. CLINE, Mr. COOK, Mr. CRAWFORD, Mr. CRENSHAW, Mr. CURTIS, Mr. DIAZ-BALART, Mr. FERGUSON, Mr. GALLAGHER, Mr. GRAVES of Louisiana, Mr. GREEN of Tennessee, Mrs. HARTZLER, Mr. HIGGINS of Louisiana, Mr. HILL of Arkansas, Mr. HOLDING, Mr. HUD- SON, Mr. HUNTER, Mr. HURD of Texas, Mr. JOHNSON of Louisiana, Mr. KING of New York, Mr. KINZINGER, Mr. LAHOOD, Mr. LAMBORN, Mr. MITCHELL, Mr. OLSON, Mr. PALMER, Mr. RESCHENTHALER, Mr. RIGGLEMAN, Mrs. ROBY, Mr. ROGERS of Alabama, Mr. ROONEY of Flor- ida, Mr. JOHN W. ROSE of Tennessee, Mr. ROUZER, Mr. RUTHERFORD, Ms. STEFANIK, Mr. STEIL, Mr. STIVERS, Mr. THORNBERRY, Mr. TUR- NER, Mr. UPTON, Mrs. WAGNER, Mr. WALDEN, Mr. WALKER, Mr. WALTZ, Mr. WENSTRUP, Mr. WILSON of South Carolina, Mr. WOMACK, Mr. DESJARLAIS, Mr. MCCARTHY, Mr. SCALISE, Mr. RATCLIFFE, Mr. BYRNE, Mr. STAUBER, Mr. MCKINLEY, Mr. HUIZENGA, Mr. LONG, Mr. GUTHRIE, Mr. BABIN, Mr. RODNEY DAVIS of Illinois, Mr. ESTES, Mr. GIANFORTE, Mr. GONZALEZ of Ohio, Mr. WEBER of Texas, Mr. TIMMONS, Mr. MOOLENAAR, Mr. STEUBE, Mr. WOODALL, Mr. WITTMAN, Mr. DAVID P. ROE of Tennessee, Mr. GIBBS, Mr. HAGEDORN, Mr. ARM- STRONG, Mr. LATTA, Mr. BURGESS, Mr. KATKO, Mr. TIPTON, Mr. BARR, Mrs. WALORSKI, Mr. SCHWEIKERT, Mr. EMMER, Mr. MARSHALL, Mr. WALBERG, Mr. SPANO, Mrs. LESKO, Mrs. MILLER, Mr. FORTENBERRY, Mr. LAMALFA, Mr. ROY, Mr. NEWHOUSE, Mr. COLLINS of Georgia, Mr. FITZPATRICK, Mr. MCHENRY, Mr. LUETKEMEYER, Mr. JOHNSON of Ohio, Mr. SMITH of New Jersey, Mr. STEWART, and Mr. MULLIN) intro- duced the following bill; which was referred to the Committee on Foreign Affairs, and in addition to the Committees on Financial Services, Over- sight and Reform, the Judiciary, and Ways and Means, for a period to be subsequently determined by the Speaker, in each case for consider- ation of such provisions as fall within the jurisdiction of the committee concerned VerDate Sep 11 2014 22:52 Oct 22, 2019 Jkt 099200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6652 E:\BILLS\H4692.IH H4692 kjohnson on DSK79L0C42 with BILLS 2 •HR 4692 IH A BILL To impose sanctions with respect to 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 ‘‘Countering Turkish 4 Aggression Act of 2019’’. 5 SEC. 2. IMPOSITION OF SANCTIONS WITH RESPECT TO TUR- 6 KEY. 7 (a) IN GENERAL.—On and after that effective date 8 described in subsection (f), the President shall impose the 9 sanctions described in subsection (c) with respect to— 10 (1) each official of the Government of Turkey 11 described in subsection (b); 12 (2) any foreign person that the President deter- 13 mines knowingly sells or provides financial, material, 14 or technological support to, or knowingly conducts a 15 transaction with, the Turkish Armed Forces, includ- 16 ing— 17 (A) aircraft or aircraft parts or machinery 18 used by the Turkish Air Force; 19 (B) automotive equipment and services 20 used by the Turkish Land and Naval Forces; 21 and 22 VerDate Sep 11 2014 22:52 Oct 22, 2019 Jkt 099200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\H4692.IH H4692 kjohnson on DSK79L0C42 with BILLS 3 •HR 4692 IH (C) defense articles, services, technology, 1 or materials used by the Turkish Armed 2 Forces; or 3 (3) any foreign person that the President deter- 4 mines knowingly supplies goods, services, technology, 5 information, or other support that maintains or sup- 6 ports the production of petroleum or natural gas in 7 Turkey for use by the Turkish Armed Forces. 8 (b) OFFICIALS DESCRIBED.—An official of the Gov- 9 ernment of Turkey described in this subsection is any of 10 the following: 11 (1) The President of Turkey. 12 (2) The Vice President of Turkey. 13 (3) The Minister of National Defense of Tur- 14 key. 15 (4) The Minister of Foreign Affairs of Turkey. 16 (5) The Minister of Treasury and Finance of 17 Turkey. 18 (6) The Minister of Trade of Turkey. 19 (7) The Minister of Energy and Natural Re- 20 sources of Turkey. 21 (c) SANCTIONS DESCRIBED.—The sanctions de- 22 scribed in this subsection are the blocking and prohibiting, 23 pursuant to the International Emergency Economic Pow- 24 ers Act (50 U.S.C. 1701 et seq.), of all transactions in 25 VerDate Sep 11 2014 22:52 Oct 22, 2019 Jkt 099200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\H4692.IH H4692 kjohnson on DSK79L0C42 with BILLS 4 •HR 4692 IH property and interests in property of a person subject to 1 subsection (a) if such property and interests in property 2 are in the United States, come within the United States, 3 or come within the possession or control of a United 4 States person. 5 (d) EXCEPTIONS.— 6 (1) SUPPORT FOR PEOPLE OF TURKEY.—Sanc- 7 tions under this section shall not apply with respect 8 to— 9 (A) the provision of humanitarian assist- 10 ance (including medical assistance) to the peo- 11 ple of Turkey; or 12 (B) efforts to promote democracy in Tur- 13 key, including through providing election assist- 14 ance. 15 (2) INTELLIGENCE ACTIVITIES.—Sanctions 16 under this section shall not apply with respect to ac- 17 tivities subject to the reporting requirements under 18 title V of the National Security Act of 1947 (50 19 U.S.C. 3091 et seq.), or any authorized intelligence 20 activities of the United States. 21 (e) IMPLEMENTATION; PENALTIES.— 22 (1) IMPLEMENTATION.—The President may ex- 23 ercise all authorities provided to the President under 24 sections 203 and 205 of the International Emer- 25 VerDate Sep 11 2014 22:52 Oct 22, 2019 Jkt 099200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\H4692.IH H4692 kjohnson on DSK79L0C42 with BILLS 5 •HR 4692 IH gency Economic Powers Act (50 U.S.C. 1702 and 1 1704) to carry out this section. 2 (2) PENALTIES.—A person that violates, at- 3 tempts to violate, conspires to violate, or causes a 4 violation of this section or any regulation, license, or 5 order issued to carry out this section shall be subject 6 to the penalties set forth in subsections (b) and (c) 7 of section 206 of the International Emergency Eco- 8 nomic Powers Act (50 U.S.C. 1705) to the same ex- 9 tent as a person that commits an unlawful act de- 10 scribed in subsection (a) of that section. 11 (f) EFFECTIVE DATE.— 12 (1) IN GENERAL.—Except as provided in para- 13 graph (2), the effective date described in this sub- 14 section is the date of the enactment of this Act. 15 (2) DELAYS OF EFFECTIVE DATE.—The Presi- 16 dent may delay the effective date described in para- 17 graph (1) for successive periods of not more than 90 18 days each if, before each such delay takes effect, the 19 President certifies to Congress that Turkey— 20 (A) is not operating in Syria, east of the 21 Euphrates and west of the Iraqi border, without 22 the support of the United States; and 23 (B) has withdrawn the Turkish Armed 24 Forces and rebel groups supported by the Gov- 25 VerDate Sep 11 2014 22:52 Oct 22, 2019 Jkt 099200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\H4692.IH H4692 kjohnson on DSK79L0C42 with BILLS 6 •HR 4692 IH ernment of Turkey from areas occupied by Tur- 1 key during the operation beginning on October 2 9, 2019. 3 (g) DEFINITIONS.—In this section: 4 (1) FOREIGN PERSON.—The term ‘‘foreign per- 5 son’’ means an individual or entity that is not a 6 United States person. 7 (2) KNOWINGLY.—The term ‘‘knowingly’’, with 8 respect to conduct, a circumstance, or a result, 9 means that a person has actual knowledge, or should 10 have known, of the conduct, the circumstance, or the 11 result. 12 (3) UNITED STATES PERSON.—The term 13 ‘‘United States person’’ means— 14 (A) a United States citizen or an alien law- 15 fully admitted for permanent residence to the 16 United States; or 17 (B) an entity organized under the laws of 18 the United States or any jurisdiction within the 19 United States, including a foreign branch of 20 such an entity. 21 VerDate Sep 11 2014 22:52 Oct 22, 2019 Jkt 099200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6201 E:\BILLS\H4692.IH H4692 kjohnson on DSK79L0C42 with BILLS 7 •HR 4692 IH SEC. 3. TREATMENT OF PURCHASE OF S–400 SURFACE-TO- 1 AIR DEFENSE SYSTEM AS A SIGNIFICANT 2 TRANSACTION UNDER SECTION 231 OF THE 3 COUNTERING AMERICA’S ADVERSARIES 4 THROUGH SANCTIONS ACT. 5 (a) IN GENERAL.—The President shall— 6 (1) treat the purchase by the Government of 7 Turkey of the S–400 surface-to-air defense system 8 from the Russian Federation as a significant trans- 9 action described in section 231 of the Countering 10 America’s Adversaries Through Sanctions Act (22 11 U.S.C. 9525); and 12 (2) not later than 180 days after that purchase, 13 impose 5 or more of the sanctions described in sec- 14 tion 235 of that Act (22 U.S.C. 9529) with respect 15 to the Government of Turkey. 16 (b) DEFINITION.—In subsection (a), the term ‘‘pur- 17 chase’’ means the execution of a contract, the delivery of 18 any goods or services, or the payment for any goods or 19 services. 20 (c) NONAPPLICABILITY OF WAIVER AND DELAY PRO- 21 VISIONS.—The following provisions of law shall not apply 22 for purposes of subsection (a): 23 (1) Subsection (b) or (c) of section 231 of the 24 Countering America’s Adversaries Through Sanc- 25 tions Act (22 U.S.C. 9525). 26 VerDate Sep 11 2014 22:52 Oct 22, 2019 Jkt 099200 PO 00000 Frm 00007 Fmt 6652 Sfmt 6201 E:\BILLS\H4692.IH H4692 kjohnson on DSK79L0C42 with BILLS 8 •HR 4692 IH (2) Section 236 or 237 of that Act. 1 SEC. 4. PROHIBITION ON UNITED STATES MILITARY AS- 2 SISTANCE. 3 Effective as of the date of the enactment of this Act, 4 no funds may be obligated or expended to sell or transfer 5 any United States defense articles, services, technology, 6 or materials or ammunition for end use by the Turkish 7 Armed Forces. 8 SEC. 5. VISA RESTRICTIONS ON CERTAIN OFFICIALS OF 9 THE GOVERNMENT OF TURKEY. 10 (a) IN GENERAL.—Effective as of the date of the en- 11 actment of this Act, the Secretary of State may not issue 12 a visa to, and the Secretary of Homeland Security shall 13 exclude from the United States, an official of the Govern- 14 ment of Turkey described in section 2(b). 15 (b) EXCEPTION TO COMPLY WITH INTERNATIONAL 16 OBLIGATIONS.—Subsection (a) shall not apply to the ad- 17 mission of an official described in section 2(b) if the ad- 18 mission of that official is necessary to comply with United 19 States obligations under the Agreement between the 20 United Nations and the United States of America regard- 21 ing the Headquarters of the United Nations, signed at 22 Lake Success June 26, 1947, and entered into force No- 23 vember 21, 1947, under the Convention on Consular Rela- 24 tions, done at Vienna April 24, 1963, and entered into 25 VerDate Sep 11 2014 22:52 Oct 22, 2019 Jkt 099200 PO 00000 Frm 00008 Fmt 6652 Sfmt 6201 E:\BILLS\H4692.IH H4692 kjohnson on DSK79L0C42 with BILLS 9 •HR 4692 IH force March 19, 1967, or under other international agree- 1 ments. 2 SEC. 6. REPORT ON NET WORTH OF RECEP TAYYIP 3 ERDOGAN. 4 Not later than 120 days after the date of the enact- 5 ment of this Act, the President shall submit to Congress 6 a report on the net worth and assets of the President of 7 Turkey, Recep Tayyip Erdogan. 8 SEC. 7. EXCEPTION RELATING TO IMPORTATION OF 9 GOODS. 10 (a) IN GENERAL.—The authorities and requirements 11 to impose sanctions authorized under this Act shall not 12 include the authority or requirement to impose sanctions 13 on the importation of goods. 14 (b) GOOD DEFINED.—In this section, the term 15 ‘‘good’’ means any article, natural or manmade substance, 16 material, supply or manufactured product, including in- 17 spection and test equipment, and excluding technical data. 18 Æ VerDate Sep 11 2014 22:52 Oct 22, 2019 Jkt 099200 PO 00000 Frm 00009 Fmt 6652 Sfmt 6301 E:\BILLS\H4692.IH H4692 kjohnson on DSK79L0C42 with BILLS