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Bill
Notes

H.R. 5754 — what changed

Cambodia Democracy Act of 2018

From Introduced in House to Engrossed in House. 3 sections amended between Introduced in House and Engrossed in House.

Sec. 2 Findings

Congress finds the following:

(1)
changed Cambodia’s present political system was established in 1991, after decades of internal conflict, by the United Nations-brokered Paris Peace Accords. The first national elections under this system were administered by the United Nations in 1993. Hun Sen, the current Prime Minister of Cambodia, Hun Sen has been in power in Cambodia since before this time, serving as premier from 1985 to 1993, and as Prime Minister thereafter. Hun Sen has used his position to cling to is the pinnacle longest-serving leader in Southeast Asia. Despite decades of power international attention and assistance to promote a pluralistic, multi-party democratic system in Cambodia, the Government of Cambodia for 32 years, through tactics including coup d’état, irregular election procedures, and continues to be undemocratically dominated by the silencing ruling Cambodia People’s Party (CPP), which controls every agency and security apparatus of opposition voices.the state.
(2)
changed In Cambodia’s most recent general elections in 2013, Hun Sen’s Cambodian People’s Party (CPP) maintained its parliamentary majority by 2015, the smallest margin CPP-controlled parliament passed the “Law on Associations and Non-Governmental Organizations”, which gave the government sweeping powers to date, while revoke the registration of NGOs that the government believed to be operating with a unified opposition Cambodia political bias in a blatant attempt to restrict the legitimate work of civil society. On August 23, 2017, Cambodia’s Ministry of Foreign Affairs ordered the closure of the National Rescue Party (CNRP) made substantial gains. The Department Democratic Institute and the expulsion of State’s Country Reports on Human Rights Practices its foreign staff. On September 15, 2017, Prime Minister Hun Sen called for 2016 described Cambodia’s 2013 elections as “largely free the withdrawal of intimidation, all volunteers from the United States Peace Corps, which has operated in contrast to previous national elections”, yet also “fraught Cambodia since 2006 with irregularities”. Subsequent local elections marked similar setbacks for the ruling CPP.500 United States volunteers providing English language and healthcare training.
(3)
changed Cambodia’s next general elections will occur in June 2018. According The Government of Cambodia has taken several measures to the 2017 Freedom restrict its media environment, especially through politicized tax investigations against independent media outlets that resulted in the World Report issued by Freedom House, closure of The Cambodian Daily and Radio Free Asia in early September 2017. Additionally, the intervening period Hun Sen Government of Cambodia has overseen “a decisive crackdown on ordered several radio stations to stop the country’s beleaguered opposition and press corps as his [CPP] prepared for national elections”. Regional experts have reached a general consensus that Hun Sen broadcasting of Radio Free Asia and the CPP have undertaken this crackdown to consolidate power ahead Voice of an election that may have ended their grip on power.America programming.
(4)
changed Hun Sen’s actions Each of the five elections that have taken place in late 2017 pushed Cambodia further away from democracy. In late August 2017, the regime shut down the National Democratic Institute since 1991 were conducted in circumstances that were not free and expelled its entire foreign staff from the country within a week. Less than a week later, radio stations carrying Radio Free Asia fair, and Voice of America were also shut down marked by the regime. On September 3, 2017, authorities arrested Kem Sokha, the leader of the CNRP, fraud, intimidation, violence, and charged him with treason, allegedly for participating in an American plot to undermine Hun Sen’s regime. Kem Sokha remains in detention. On November 16, 2017, Cambodia’s Supreme Court dissolved the CNRP, eliminating the most popular and viable challenger to Hun Sen’s regime. Subsequent actions by Hun Sen have aimed government’s misuse of legal mechanisms to “cement total control over Cambodian government weaken opposition candidates and business”, according to Human Rights Watch.parties.
(5)
changed Since On September 3, 2017, Kem Sokha, the dissolution President of the CNRP, both Cambodia National Rescue Party (CNRP), was arrested on politically motivated charges, including treason and conspiring to overthrow the Department Government of State Cambodia, and the White House have issued statements condemning the Hun Sen regime’s actions faces up to undermine democracy and calling for Kem Sokha’s release. 30 years in prison. The CNRP’s previous leader, Sam Rainsy, remains in exile. On November 16, 2017, the White House announced that the United States would terminate support for Cambodia’s National Election Committee. On December 6, 2017, the Department of State began implementing visa restrictions for officials responsible for undermining Cambodian democracy. On February 27, 2018, the White House announced further assistance reductions following Cambodian Senate elections on February 25 which did not represent Supreme Court dissolved the genuine will of CNRP, eliminating the Cambodian people.CPP’s only viable challenger.
(6)
added The United States is committed to promoting democracy, human rights, and the rule of law in Cambodia. The United States continues to urge the Government of Cambodia to immediately release Mr. Kem Sokha, reinstate the political status of the CNRP and its 55 elected seats in the National Assembly, and support electoral reform efforts in Cambodia with free and fair elections in 2018 monitored by international observers.

Sec. 3 Sanctions relating to undermining democracy in Cambodia

(a)
changed Designation of persons responsible for undermining democracy in Cambodia— Not later than 180 days after the date of the enactment of this Act, the President shall apply the sanctions described in subsection (b) on—
(1)
changed each senior official of the Government, military, or security forces of Cambodia that the President determines has directly and substantially undermined democracy in Cambodia; andCambodia;
(2)
changed each senior official of the Government, military, or security forces of Cambodia that the President determines has committed or directed serious human rights violations associated with undermining democracy in Cambodia.Cambodia; and
(3)
added entities owned or controlled by senior officials of the Government, military, or security forces of Cambodia described in (1) and (2).
(b)
Sanctions described—
(1)
Asset blocking— 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.) to the extent necessary to block and prohibit all transactions in property and interests in property of a person designated under subsection (a) 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.
(2)
Visa restrictions—
(A)
changed In general— The Secretary of State, in consultation with the Secretary of Homeland Security, shall continue to implement the policy announced by the Department of State on December 6, 2017, to restrict entry into the United States of person persons involved in undermining democracy in Cambodia, including any person designated under subsection (a).
(B)
Exception for multilateral activities— Persons otherwise restricted from entry into the United States under this section may be admitted if such admission 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, or under the Convention on Consular Relations, done at Vienna April 24, 1963, and entered into force March 19, 1967, or other applicable international obligations of the United States.
(3)
Penalties— 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) to the same extent that such penalties apply to a person that commits an unlawful act described in subsection (a) of such section 206.
(e)
List of designated persons—
(1)
In general— Not later than 180 days after the date of the enactment of this Act, the President shall transmit to the appropriate congressional committees a list of persons designated under subsection (a).
(2)
Updates— The President shall transmit to the appropriate congressional committees updated lists under paragraph (1) as new information becomes available.
(f)
Implementation— 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.
(g)
changed Waiver— The President may waive the application of sanctions described in subsection (b) with respect to a person described in designated under subsection (a) if the President determines and certifies to the appropriate congressional committees that such waiver is in the national interest of the United States.

Sec. 6 Definitions

In this Act:

(1)
Appropriate congressional committees— The term “appropriate congressional committees” means the Committee on Foreign Affairs and the Committee on Financial Services of the House of Representatives, and the Committee on Foreign Relations and the Committee on Banking, Housing, and Urban Affairs of the Senate.
(2)
added Person—
(A)
added In general— The term “person” means—
(i)
added a natural person; or
(ii)
added a corporation, business association, partnership, society, trust, financial institution, insurer, underwriter, guarantor, and any other business organization, any other nongovernmental entity, organization, or group, and any governmental entity operating as a business enterprise or any successor to any entity described in this clause.
(B)
added Application to governmental entities— The term “person” does not include a government or governmental entity that is not operating as a business enterprise.
(3)
added United States person— The term “United States person” means—
(2)
removed United States person; person— The term “United States person” means—
(A)
renumbered was (4)(3) a United States citizen or an alien lawfully admitted for permanent residence to the United States; or
(B)
renumbered was (4)(4) an entity organized under the laws of the United States or of any jurisdiction of the United States, including a foreign branch of such an entity.