Sec. 4. Sanctions relating to suppressing democratic institutions, political freedoms, and human rights in Cambodia
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Not later than 180 days after the date of the enactment of this Act, the President shall submit to the appropriate congressional committees a list of— any current or former official of the Government of Cambodia or the military or security forces of Cambodia, or any other foreign person, that the President determines knowingly— directly and substantially prevents members of opposition parties and groups, the media, and civil society organizations from exercising their civil and political rights; engages in or is responsible for any acts for which sanctions may be imposed under the Global Magnitsky Human Rights Accountability Act ( 22 U.S.C. 10101 et seq. ); or engages in or supports the establishment of installations or facilities that could be used by the People’s Liberation Army or entities tied to the People’s Liberation Army in Cambodia, which could include persons identified under paragraph
(1)of section 5(a) in the report required by that section; any person that the President determines is acting for or on behalf of a person described in subparagraph
(A)related to conduct described in that subparagraph; and any person that the President determines is owned or controlled by a person described in subparagraph
(A)and is involved in conduct described in that subparagraph. The President shall submit to the appropriate congressional committees updated lists under paragraph
(1)as new information becomes available. The President shall impose the following sanctions with respect to each foreign person on the list required by subsection (a): The President shall exercise all of the powers granted to the President under the International Emergency Economic Powers Act ( 50 U.S.C. 1701 et seq. ) (except that the requirements of section 202 of such Act ( 50 U.S.C. 1701 ) shall not apply) to the extent necessary to block and prohibit all transactions in property and interests in property of the person 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. In the case of an individual, that individual 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. ). The visa or other entry documentation of the individual shall be revoked in accordance with section 221(i) of the Immigration and Nationality Act ( 8 U.S.C. 1201(i) ), regardless of when such visa or other entry documentation is or was issued. A revocation under clause
(i)shall— take effect immediately; and automatically cancel any other valid visa or entry documentation that is in the individual’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 subsection (b)(1) or any regulation, license, or order issued to carry out that subsection 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 that section. Sanctions under this section shall not apply with respect 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 or law enforcement activities of the United States. Sanctions under subsection (b)(2) shall not apply with respect to the admission or parole of an individual if admitting or paroling the individual 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. The authorities and requirements to impose sanctions authorized under subsection (b)(1) shall not include the authority or 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. The President may waive the application of sanctions under subsection
(b)with respect to a foreign person on the list required by subsection
(a)if the President determines and certifies to the appropriate congressional committees that such a waiver is in the national interest of the United States. The requirement to impose sanctions under this section may be suspended for an initial period of not more than one year if the President determines and certifies to the appropriate congressional committees that Cambodia is making meaningful progress toward the following: Ending government efforts to suppress democratic institutions and political freedoms and rights. Ending gross violations of internationally recognized human rights and acts of significant corruption. Releasing all political prisoners. Dropping all politically motivated charges and vacating convictions from any such charges against members of the Cambodia National Rescue Party, journalists, and civil society activists. Conducting free and fair elections that allow for the active participation of credible opposition candidates. The suspension of sanctions under paragraph
(1)may be renewed for additional, consecutive one-year periods if the President determines and certifies to the appropriate congressional committees that Cambodia continued to make meaningful progress toward satisfying the conditions described in that paragraph during the year preceding the certification. 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. 4
Sanctions relating to suppressing democratic institutions, political freedoms, and human rights in Cambodia
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