Sec. 301. Preventing diplomats from aiding and abetting flights from justice
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Not later than 90 days after the date of the enactment of this Act, the Secretary of State, in coordination with the Attorney General and the Director of National Intelligence, shall submit a report to the President and the appropriate congressional committees that describes the degree to which any citizen of the Kingdom of Saudi Arabia who enjoys diplomatic immunity from criminal jurisdiction in the United States has assisted in the unlawful removal of any Saudi citizen in the United States for the purposes of evading criminal prosecution or otherwise evading a criminal sentence in the United States. The report required under paragraph
(1)shall include the following elements: A review of the extent to which officials from the Government of Saudi Arabia assist in the posting of bond for Saudi nationals facing criminal prosecution within the United States. A review as to whether officials from the Government of Saudi Arabia have aided, abetted, or assisted in any way Saudi nationals in avoiding criminal prosecution in the United States, including an assessment as to the scope and frequency of any such conduct. A review as to whether officials from the Government of Saudi Arabia have harbored or concealed Saudi nationals after escape from the lawful custody of a Federal, State, or local law enforcement authority or penal or correctional institution, including an assessment as to the scope and frequency of any such conduct. A review of how the Government of Saudi Arabia’s conduct compares to that of other foreign governments. A review of the effectiveness of terms of bail requiring the surrender of a foreign national’s passport as a condition of release at preventing foreign nationals from fleeing Federal, State, and local criminal justice systems within the United States, including an assessment of any shortcomings in current policies. Any other matter the Secretary of State determines relevant. The report required under paragraph
(1)shall be submitted in unclassified form, but may include a classified annex. Any conclusions reached during the preparation of the report required under paragraph
(1)shall be included in the first Report on Cases Involving Diplomatic Immunity submitted to Congress pursuant to sections 56 and 204B of the State Department Basic Authorities Act of 1956 ( 22 U.S.C. 2728 and 4304b) after the date of the enactment of this Act. In this section, the term appropriate congressional committees means— the Committee on Foreign Relations, the Committee on the Judiciary, and the Select Committee on Intelligence of the Senate; and the Committee on Foreign Affairs, the Committee on the Judiciary, and the Permanent Select Committee on Intelligence of the House of Representatives. If the report required under subsection
(a)concludes that officials from the Government of Saudi Arabia have aided, abetted, or assisted in the unlawful removal of Saudi nationals from the United States or harbored Saudi nationals within the United States for the purpose of avoiding criminal prosecution or evading law enforcement authorities, the President is authorized to enforce any of the measures described in subsection (c). Notwithstanding any other provision of law, the President may deny access to and use by the Government of Saudi Arabia of Saudi-owned diplomatic facilities and properties located at 2045 Sawtelle Boulevard, Los Angeles, California, or 8500 Hilltop Road, Fairfax, Virginia. Notwithstanding any agreement between the United States and Saudi Arabia relating to air services, the President may suspend the permit of a foreign air carrier owned or controlled, directly or indirectly, by the Government of Saudi Arabia to operate in foreign air transportation under chapter 413 of title 49, United States Code. If the President determines under clause
(i)to suspend the permit of an air carrier described in that clause— the President shall notify the Government of Saudi Arabia of the intention of the President to suspend the permit; and not later than 10 days after the President notifies that Government of that intention, the Secretary of Transportation shall take such measures as may be necessary to suspend the permit at the earliest possible date. The President may direct the Secretary of State to terminate any agreement between the United States and Saudi Arabia relating to air services in accordance with the provisions of that agreement. Upon termination of an agreement under clause (i), the Secretary of Transportation may take such measures as may be necessary to revoke, at the earliest possible date, the permit of any foreign air carrier owned or controlled, directly or indirectly, by the Government of Saudi Arabia to operate in foreign air transportation under chapter 413 of title 49, United States Code. The Secretary of Transportation may provide for such exceptions to subparagraphs
(A)and
(B)as the Secretary considers necessary to address emergencies in which the safety of an aircraft or the crew or passengers on an aircraft is threatened. In this paragraph, the terms foreign air carrier and foreign air transportation have the meanings given those terms in section 40102(a) of title 49, United States Code. A foreign official enjoying diplomatic immunity in the United States who aids, abets, or assists in the unlawful removal of any foreign national from the United States or harbors any foreign national within the United States for the purpose of avoiding criminal prosecution or evading a law enforcement authority may be subject to one or more of the following measures: Submission of a request for a waiver of immunity from the United States to the sending country for the purposes of pursuing criminal prosecution within the United States. A declaration that the official is persona non grata and is expelled from the United States, without replacement of that position. Revocation of any existing visa or other relevant entry documentation, which may include denial of future visa requests. Sanctions described under subsection (e). The President may exercise all of the powers granted to the President under the International Emergency Economic Powers Act ( 50 U.S.C. 1701 et seq.) to the extent necessary to block and prohibit all transactions in property and interests in property of a foreign official described in subsection
(d)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 requirements under section 202 of the International Emergency Economic Powers Act ( 50 U.S.C. 1701 ) shall not apply for purposes of paragraph (1). The authority to block and prohibit all transactions in all property and interests in property under paragraph
(1)shall not include the authority to impose sanctions on the importation of goods. In this paragraph, the term good means any article, natural or manmade substance, material, supply or manufactured product, including inspection and test equipment, and excluding technical data. The President may exercise all authorities provided to the President under sections 203 and 205 of the International Emergency Economic Powers Act ( 50 U.S.C. 1702 and 1704) for purposes of carrying out the provisions of this subsection. The penalties provided for in subsections
(b)and
(c)of section 206 of the International Emergency Economic Powers Act ( 50 U.S.C. 1705 ) shall apply to a person that violates, attempts to violate, conspires to violate, or causes a violation of paragraph (1), or any regulation, license, or order issued to carry out that paragraph, to the same extent that such penalties apply to a person that commits an unlawful act described in section 206(a) of that Act.
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Sec. 301
Preventing diplomats from aiding and abetting flights from justice
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