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Code · BILL · 118th Congress · S. 5095 (Introduced in Senate) — To counter efforts to recognize or normalize relations with any Government of Syria that is led by Bashar al-Assad, a... · Sec. 2

Sec. 2. Modifications to the Caesar Syria Civilian Protection Act

1,346 words·~6 min read·/bill/118/s/5095/is/section-2

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Section 7412(a) of the Caesar Syria Civilian Protection Act of 2019 (title LXXIV of the National Defense Authorization Act for Fiscal Year 2020; 22 U.S.C. 8791 note) is amended— in paragraph (1), by striking the President shall impose and all that follows and inserting the following: the President— shall impose the sanctions described in subsection
(b)with respect to a foreign person that the President determines— knowingly engages, on or after such date of enactment, in an activity described in paragraph (2); or is owned or controlled by a foreign person described in clause (i); and may impose the sanctions described in subsection
(b)with respect to a foreign person that the Secretary of State determines knowingly provides, on or after such date of enactment, significant financial, material, or technological support to a foreign person engaging in an activity described in any of subparagraphs
(B)through
(H)of paragraph (2). ; in paragraph (2)— in subparagraph (A)— by amending clause
(i)to read as follows: the Government of Syria (including any entity owned or controlled by the Government of Syria), a senior political figure of the Government of Syria, a member of the People’s Assembly of Syria, or a senior foreign political figure (as defined in section 101.605 of title 31, Code of Federal Regulations) of the Arab Socialist Ba’ath Party of Syria, including any such senior foreign political figure who is a member of the Central Command, Central Committee, or Auditing and Inspection Committee of such Party; ; in clause (ii), by striking ; or and inserting a semicolon; in clause (iii), by striking the semicolon at the end and inserting ; or ; and by adding at the end the following: Syria Arab Airlines, Cham Wings, or any foreign person owned or controlled by Syria Arab Airlines or Cham Wings; ; by amending subparagraph
(C)to read as follows: knowingly sells or provides aircraft or spare aircraft parts— to the Government of Syria; or on behalf of the Government of Syria to any foreign person operating in an area directly or indirectly controlled by the Government of Syria or foreign forces under the direction or control of the Government of Syria; ; in subparagraph (D), by striking or at the end; in subparagraph (E), by striking the period at the end and inserting a semicolon; and by adding at the end the following: purposefully engages in or directs— the significant diversion of valuable goods (including agricultural commodities, food, medicine, and medical devices) or any international humanitarian assistance intended for the people of Syria; or the dealing in the significant misappropriation of proceeds from the sale or resale of such significant diverted goods or international humanitarian assistance, as the case may be; knowingly engages in, or attempts to engage in, the significant seizure, confiscation, theft, or expropriation for personal gain or political purposes of significant property, including real property, in Syria or owned by a citizen of Syria; or knowingly and directly engages in, or attempts to engage in, a transaction or transactions for or with seized, confiscated, stolen, or expropriated property described in subparagraph (G). . In this subsection, 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 . Not later than 180 days after the date of the enactment of this Act, and annually thereafter for the following 3 years, the Secretary of the Treasury, with the concurrence of the Secretary of State, shall submit a report to the appropriate congressional committees describing the implementation of sanctions under the Caesar Syria Civilian Protection Act of 2019 , as amended by this Act. Each report submitted pursuant to paragraph
(2)shall describe— all individuals or entities sanctioned under the authorities granted by the Caesar Syria Civilian Protection Act of 2019 ; all individuals and entities determined to be eligible for sanction under the authorities granted by the Caesar Syria Civilian Protection Act of 2019 who have not yet been sanctioned under such authorities; all individuals and entities currently under consideration for sanction under the authorities granted by the Caesar Syria Civilian Protection Act of 2019 ; and the steps taken to explain to financial institutions sanctions liability under the authorities granted by the Caesar Syria Civilian Protection Act of 2019 and the date such steps were taken. Each report required under paragraph
(2)shall be submitted in an unclassified form, but may contain a classified annex that is submitted separately from the unclassified report. Section 7432 of the Caesar Syria Civilian Protection Act of 2019 ( 22 U.S.C. 8791 note) is amended to read as follows: In this section: The term agricultural commodity has the meaning given such term in section 102 of the Agricultural Trade Act of 1978 ( 7 U.S.C. 5602 ). 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 term medical device has the meaning given the term device in section 201 of the Federal Food, Drug, and Cosmetic Act ( 21 U.S.C. 321 ). The term medicine has the meaning given the term drug in section 201 of the Federal Food, Drug, and Cosmetic Act ( 21 U.S.C. 321 ). Sanctions under this Act shall not apply with respect to the admission of an alien to the United States if admitting or paroling such 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 of the United States; or to carry out or assist authorized law enforcement activity in the United States. Sanctions under this Act 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 this Act shall not apply to— the conduct or facilitation of a transaction for the provision of agricultural commodities, food, medicine, medical devices, or humanitarian assistance, or for other humanitarian purposes; or transactions that are necessary for, or related to, the activities described in paragraph (1). . Section 7438 of the Caesar Syria Civilian Protection Act of 2019 is amended by striking the date that is 5 years after the date of the enactment of this Act and inserting December 31, 2028 . In this subsection, 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 . Not later than 120 days after the date of the enactment of this Act, the President shall— determine whether the nonprofit organization chaired by Asma Al-Assad, the First Lady of Syria, known as the Syria Trust for Development meets the criteria for the imposition of sanctions— under section 7412(a) of the Caesar Syria Civilian Protection Act of 2019, as amended by subsection (a); under Executive Order 13894 (84 Fed. Reg. 55851; relating to blocking property and suspending entry of certain persons contributing to the situation in Syria); or by nature of being owned or controlled by a person designated under any executive order or regulation administered by the Office of Foreign Assets Control; and submit to the appropriate congressional committees each such determination, including a justification for the determination. Each determination required under paragraph (2)(B) shall be submitted in unclassified form, but the justification specified in such paragraph may be included in a classified annex. The unclassified determination shall be made available on a publicly available website of the Federal Government.
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