Sec. 3. Imposition of sanctions on certain individuals who are complicit in human rights abuses committed against nationals of Vietnam or their family members
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In this section: The terms admitted , alien , immigration laws , national , and spouse have the meanings given those terms in section 101 of the Immigration and Nationality Act ( 8 U.S.C. 1101 ). The term appropriate congressional committees means— the Committee on Finance, the Committee on Banking, Housing, and Urban Affairs, and the Committee on Foreign Relations of the Senate; and the Committee on Ways and Means, the Committee on Financial Services, and the Committee on Foreign Affairs of the House of Representatives.
The term Convention against Torture means the United Nations Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment, done at New York on December 10, 1984. The term United States person means— a United States citizen or an alien lawfully admitted for permanent residence to the United States; or an entity organized under the laws of the United States or of any jurisdiction within the United States, including a foreign branch of such an entity.
Except as provided in subsections
(e)and (f), the President shall impose the sanctions described in subsection
(d)with respect to each individual on the list required by subsection (c)(1). Not later than 90 days after the date of the enactment of this Act, the President shall submit to the appropriate congressional committees a list of individuals who are nationals of Vietnam that the President determines are complicit in human rights abuses committed against nationals of Vietnam or their family members, regardless of whether such abuses occurred in Vietnam. The President shall submit to the appropriate congressional committees an updated list under paragraph
(1)as new information becomes available and not less frequently than annually. The list required by paragraph
(1)shall be made available to the public and posted on the Web sites of the Department of the Treasury and the Department of State. In preparing the list required by paragraph (1), the President shall consider data already obtained by other countries and nongovernmental organizations, including organizations in Vietnam, that monitor the human rights abuses of the Government of Vietnam. An individual on the list required by subsection (c)(1) may not— be admitted to, enter, or transit through the United States; receive any lawful immigration status in the United States under the immigration laws, including any relief under the Convention Against Torture; or file any application or petition to obtain such admission, entry, or status. The President shall freeze and prohibit all transactions in all property and interests in property of an individual on the list required by subsection (c)(1) if such property and interests in property are in the United States, come within the United States, or are or come within the possession or control of a United States person. The President may, by regulation, authorize exceptions to the imposition of sanctions under this section to permit the United States to comply with the Agreement between the United Nations and the United States of America regarding the Headquarters of the United Nations, signed June 26, 1947, and entered into force November 21, 1947, and other applicable international agreements. The President may waive the requirement to impose or maintain sanctions with respect to an individual under subsection
(b)or the requirement to include an individual on the list required by subsection (c)(1) if the President— determines that such a waiver is in the national interest of the United States; and submits to the appropriate congressional committees a report describing the reasons for the determination. The provisions of this section shall terminate on the date on which the President determines and certifies to the appropriate congressional committees that the Government of Vietnam has— unconditionally released all political prisoners; ceased its practices of violence, unlawful detention, torture, and abuse of nationals of Vietnam while those nationals are engaging in peaceful political activity; and conducted a transparent investigation into the killings, arrest, and abuse of peaceful political activists in Vietnam and prosecuted those responsible.
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Sec. 3
Imposition of sanctions on certain individuals who are complicit in human rights abuses committed against nationals of Vietnam or their family members
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