Sec. 5. Imposition of sanctions with respect to significant actions that exacerbate climate change, deforestation, or harm to environmental defenders
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It is the sense of Congress that the President should employ the authorities provided by this section to prioritize action against, and deterrence of, egregious behaviors that— undermine efforts to limit the increase in global average temperature to 1.5 degrees Celsius above pre-industrial levels; contribute to deforestation; or present specific harm to environmental defenders. The President may impose one or more of the sanctions described in subsection
(c)with respect to any foreign person the President determines, based on credible information— knowingly, recklessly, or willfully engages in an activity in a foreign country that causes, or is likely to cause, greenhouse gas emissions that are not in line with scientifically established pathways to help avoid a sustained increase in the Earth’s temperature of more than 1.5 degrees Celsius above pre-industrial levels, as determined by the Intergovernmental Panel on Climate Change, including any action that significantly undermines, as a result of timing, magnitude, or corruption, projects for the adoption in the country of high-efficiency, low-carbon, or renewable energy technology or infrastructure, including the construction of low-efficiency fossil fuel power plants; engages in an activity in a foreign country that causes, or is likely to cause, illegal deforestation or loss of natural carbon sinks, including— establishment of incentives for, or promotion of, knowingly conducting deforestation; or engagement in, or failure to combat, illegal logging, mining, or ranching; knowingly engages in an activity in a foreign country that misrepresents the environmental impact of a project, investment, or product, including misrepresenting the amount of greenhouse gas emissions associated with the project, investment, or product, in the context of— assessments conducted by multilateral organizations, national governments, or investors; or public efforts to gain market advantage based on purported environmental advantages of a product; engages in an activity in a foreign country that causes, or is likely to cause, limitations on or circumvention of opposition to deforestation or projects described in paragraph
(1)by individuals seeking to protect the environment, public health, or community land rights, including actions that encourage impunity for those perpetrating physical threats or violence against such individuals; is otherwise responsible for or complicit in an activity described in any of paragraphs
(1)through (4), including a government official who approves or implements policies or acts that serve to promote such an activity; has acted or purported to act for or on behalf of, directly or indirectly, any foreign person in a matter relating to an activity described in any of paragraphs
(1)through (4), including for or on behalf of a government official described in paragraph (5); has materially assisted, sponsored, or provided financial, material, or technological support for, or goods or services to or in support of, an activity described in any of paragraphs
(1)through (4); or is owned or controlled by a foreign person that engages an activity described in any of paragraphs
(1)through
(4)or is described in paragraph (5). The sanctions that may be imposed with respect to a foreign person under subsection
(b)are the following: In the case of a foreign person who is an individual— ineligibility to receive a visa to travel to the United States or to be admitted to the United States; or if the individual has been issued a visa or other documentation, revocation, in accordance with section 221(i) of the Immigration and Nationality Act ( 8 U.S.C. 1201(i) ), of the visa or other documentation. The blocking, in accordance with the International Emergency Economic Powers Act ( 50 U.S.C. 1701 et seq. ), of all transactions in all property and interests in property of the foreign 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. The requirements of section 202 of the International Emergency Economic Powers Act ( 50 U.S.C. 1701 ) shall not apply for purposes of this paragraph. Any of the sanctions described in section 235 of the Countering America's Adversaries Through Sanctions Act ( 22 U.S.C. 9529 ). In determining whether to impose sanctions under subsection (b), the President shall consider— information provided jointly by the chairperson and ranking member of each of the appropriate congressional committees; and credible information obtained by other countries and nongovernmental organizations that monitor environmental harm or violations of human rights. 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. This section shall not apply with respect to the admission of an individual to the United States if the admission of the individual is necessary to comply with United States obligations under the Agreement between the United Nations and the United States of America regarding the Headquarters of the United Nations, signed at Lake Success June 26, 1947, and entered into force November 21, 1947, under the Convention on Consular Relations, done at Vienna April 24, 1963, and entered into force March 19, 1967, or under other international obligations of the United States. The authority to block and prohibit all transactions in all property and interests in property under this section shall not include the authority to impose sanctions on the importation of goods. In this paragraph, the term good means any article, natural or man-made substance, material, supply or manufactured product, including inspection and test equipment, and excluding technical data. 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 that section. In this section: The term appropriate congressional committees means— the Committee on Environment and Public Works and the Committee on Foreign Relations of the Senate; and the Committee on Energy and Commerce and the Committee on Foreign Affairs of the House of Representatives. The term carbon sink means a feature or process that absorbs more carbon from the atmosphere than it releases. The term deforestation means the conversion of forest to other land use, whether human-induced or not, that results in— permanent reduction of the tree canopy to less than a minimum 10 percent threshold; and the conversion of areas of forest to agriculture, pasture, water reservoirs, mining, or urban areas. The term knowingly , with respect to conduct, means— a person has actual knowledge of the facts; or a reasonable person acting in the circumstances and exercising reasonable care would have that knowledge. The term foreign person means a person that is not a United States person. The term recklessly , with respect to conduct, means that a person displays a deliberate indifference or conscious disregard to the consequences of the conduct. 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. The term willfully , with respect to conduct, means a person has knowledge— of the facts; and that the conduct was subject to sanctions under this section.
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Sec. 5
Imposition of sanctions with respect to significant actions that exacerbate climate change, deforestation, or harm to environmental defenders
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