Sec. 9. Imposition of sanctions relating to transnational repression
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In this section: The terms admission , admitted , alien , and lawfully admitted for permanent residence have the meanings given such terms in section 101 of the Immigration and Nationality Act ( 8 U.S.C. 1101 ). The term appropriate congressional committees means— the Committee on Foreign Relations of the Senate ; the Committee on Banking, Housing, and Urban Affairs of the Senate ; the Committee on Foreign Affairs of the House of Representatives ; and the Committee on Financial Services of the House of Representatives .
The term foreign person means an individual or entity that is not a United States person. The term transnational repression means actions of a foreign government, or agents of a foreign government, involving the transgression of national borders through physical, digital, or analog means to intimidate, silence, coerce, harass, or harm members of diaspora and exile communities in order to prevent their exercise of internationally recognized human rights. The term United States person means— a United States citizen or an alien lawfully admitted for permanent residence to the United States; an entity organized under the laws of the United States or the laws of any jurisdiction within the United States, including a foreign branch of such an entity; and any person who is physically present in the United States.
Not later than 180 days after the date of the enactment of this Act, and not less frequently than annually thereafter, the Secretary of State shall submit a report to the appropriate congressional committees that, except as provided in paragraph (2), identifies each foreign person that the President determines has, on or after the date of the enactment of this Act, whether knowingly or unknowingly, directly engaged in transnational repression. The report required under paragraph
(1)shall not identify individuals if such identification would interfere with law enforcement efforts. If a foreign person identified in the report required under paragraph
(1)is not subject to sanctions under section (c), the report shall explain, to the extent practicable, the reasons such sanctions were not imposed on such person. The report required under paragraph
(1)shall be submitted in unclassified form, but may include a classified annex. Except as provided in subsection (b)(3), the President shall impose 1 or more of the sanctions described in subsection
(d)with respect to each foreign person identified in the report required under subsection (b)(1). The sanctions described in this subsection are the following: The President shall exercise all of the powers granted to the President under section 203 through 207 of the International Emergency Economic Powers Act ( 50 U.S.C. 1702 et seq. ) to the extent necessary to block and prohibit all transactions in property and interests in property of a foreign person identified in the report required under subsection (b)(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. An alien described in subsection (b)(1) is— inadmissible to the United States; ineligible to receive a visa or other documentation to enter the United States; and otherwise ineligible to be admitted or paroled into the United States or to receive any other benefit under the Immigration and Nationality Act ( 8 U.S.C. 1101 et seq. ). An alien described in subsection (b)(1) is subject to revocation of any visa or other entry documentation of the alien, regardless of when the visa or other entry documentation is or was issued. A revocation under clause
(i)shall, in accordance with section 221(i) of the Immigration and Nationality Act, 8 U.S.C. 1201(i) — take effect immediately; and automatically cancel any other valid visa or entry documentation that is in the alien’s possession. The President may exercise all authorities provided under sections 203 and 205 of the International Emergency Economic Powers Act (50 U.S.C. 1702 and 1704) to carry out this section. A person that violates, attempts to violate, conspires to violate, or causes a violation of this section or any regulation, license, or order issued to carry out this section shall be subject to the penalties set forth in subsections
(b)and
(c)of section 206 of the International Emergency Economic Powers Act ( 50 U.S.C. 1705 ) to the same extent as a person that commits an unlawful act described in subsection
(a)of such section. The President is authorized to impose sanctions as provided under the Global Magnitsky Human Rights Accountability Act ( 22 U.S.C. 10101 et seq. ) against any foreign person who the President, based on credible evidence, determines is responsible for the rendition of journalists, activists, or other individuals to a country in which the person would be at risk of irreparable harm upon return, including extrajudicial killings, torture, or other gross violations of internationally recognized human rights. The President may waive the application of sanctions authorized under this section with respect to a foreign person if the President determines and certifies to the appropriate congressional committees that such a waiver is in the national interests of the United States. The President shall provide an annual report to Congress that— lists every waiver granted under paragraph (1); and provides a justification for each such waiver. Sanctions under this section shall not apply to any activity subject to the reporting requirements under title V of the National Security Act of 1947 ( 50 U.S.C. 3091 et seq. ) or any authorized intelligence activities of the United States. Sanctions under subsection (d)(2) shall not apply with respect to an alien if admitting or paroling the alien into the United States is necessary— to permit the United States to comply with the Agreement regarding the Headquarters of the United Nations, signed at Lake Success June 26, 1947, and entered into force November 21, 1947, between the United Nations and the United States, or other applicable international obligations; or to carry out or assist law enforcement activity in the United States. The requirement to impose sanctions under this section shall not include the authority or a requirement 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. This section, and any sanctions imposed under this section, shall terminate on the date that is 5 years after the date of the enactment of this Act.
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Sec. 9
Imposition of sanctions relating to transnational repression
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