--- kind: "diff" citation: "H.R. 3190" bill: "116-hr-3190" heading: "Burma Unified through Rigorous Military Accountability Act of 2019" from: "ih" from_label: "Introduced in House" to: "eh" to_label: "Engrossed in House" sections_amended: 4 sections_added: 1 sections_removed: 1 url: "https://uscodex.org/bills/116/hr/3190/changes/eh" --- # H.R. 3190 — what changed H.R. 3190, Burma Unified through Rigorous Military Accountability Act of 2019 — 4 sections amended, 1 added, and 1 removed between Introduced in House and Engrossed in House. Edits are marked `struck` and `inserted`. ## Sec. 2 Definitions - In this Act: - (1) Appropriate congressional committees— The term appropriate congressional committees means— - (A) the Committee on Foreign Affairs Affairs, the Committee on Financial Services, and the Committee on Armed Services of the House of Representatives; and - (B) the Committee on Foreign Relations Relations, the Committee on Banking, and the Committee on Armed Services of the Senate. - (2) Crimes against humanity— The term crimes against humanity includes, when committed as part of a widespread or systematic attack directed against any civilian population, with knowledge of the attack— - (A) murder; - (B) deportation or forcible transfer of population; - (C) torture; - (D) extermination; - (E) enslavement; - (F) rape, sexual slavery, or any other form of sexual violence of comparable severity; - (G) persecution against any identifiable group or collectivity on political, racial, national, ethnic, cultural, religious, gender, or other grounds that are universally recognized as impermissible under international law; and - (H) enforced disappearance of persons. - (3) Genocide— The term genocide means any offense described in section 1091(a) of title 18, United States Code. - (4) Transitional justice— The term transitional justice means the range of judicial, nonjudicial, formal, informal, retributive, and restorative measures employed by countries transitioning out of armed conflict or repressive regimes to redress legacies of atrocities and to promote long-term, sustainable peace. - (5) War crime— The term war crime has the meaning given the term in section 2441(c) of title 18, United States Code. ## Sec. 3 Findings - Congress finds the following: - (1) On August 25, 2017, Burmese military and security forces violently and disproportionately responded to an attack on security outposts, resulting in a mass exodus of Rohingya from the Rakhine State of Burma into Bangladesh, which the International Organization of Migration called “unprecedented in terms of volume and speed”. - (2) Between August 2017 and March 2019, in response to the violence perpetrated by the Burmese military and security forces, the United Nations estimates more than 740,000 Rohingya, approximately 75 percent of whom are women and children, have fled to Bangladesh, fearing loss of life, livelihoods, and shelter. Rohingya have continued to flee Burma in significant numbers, including in 2019. According to the United Nations High Commissioner for Refugees, more than 1,400 Rohingya have arrived in Bangladesh since January 1, 2019. - (3) Even after the Burmese military scaled back attacks against Rohingya in late 2017, security forces continued to impose restrictions on the basic freedoms of Rohingya in Rakhine State, including on freedom of movement. In November 2017, Amnesty International determined that Rohingya remaining in Rakhine are “trapped in a vicious system of state-sponsored, institutionalized discrimination that amounts to apartheid”. - (4) Despite the steps taken toward democracy in Burma, there exists limited control by the civilian government over civilian agencies as well as military and security forces that carried out the violence in Rakhine State. The military and security forces continue to engage in grave human rights abuses against ethnic minorities throughout in the country. - (5) Both government- and military-initiated investigations into human rights abuses in Burma involving violence between ethnic minorities and Burmese security forces have failed to yield credible results or hold perpetrators accountable. - (6) In a public address on October 12, 2017, State Counsellor Aung San Suu Kyi laid out the following goals for the State of Rakhine: - (A) Repatriation of those who have crossed over to Bangladesh. - (B) Effective provision of humanitarian assistance. - (C) Resettlement of displaced populations. - (D) Economic development and durable peace. - (7) Due to restrictions enforced by the Rakhine State government and the national military and security forces, there has been little progress made since that time and limited ability for the international community to support, verify, or evaluate the Government of Burma’s efforts. There are also credible reports of Burmese military and security forces bulldozing numerous villages where violence occurred, thus destroying physical evidence, and in some cases, constructing new military installations on top of the bulldozed villages. - (8) On November 22, 2017, former Secretary of State Rex Tillerson stated that “After a careful and thorough analysis of available facts, it is clear that the situation in northern Rakhine state constitutes ethnic cleansing against the Rohingya. Those responsible for these atrocities must be held accountable”. He also said the violence “has a number of characteristics of certainly crimes against humanity”. Despite repeated requests from Members of Congress, as well as the result of its own investigation (the executive summary of which was released on September 17, 2018), the Department has declined to make a determination if the atrocities in Rakhine State constitute genocide or crimes against humanity. - (9) On December 12, 2017, Wa Lone and Kyaw Soe Oo, two Reuters reporters covering the crisis in Rakhine State, were entrapped, arrested, and charged with violating the Official Secrets Act, continuing a trend of restricting media and free speech and attempting to thwart coverage of the events in Rakhine State. - (10) Another barrier to the voluntary, safe, dignified and sustainable return of the Rohingya to Rakhine State is the refusal of the Government of Burma to reinstate the full citizenship of the Rohingya, as well as the Government’s unwillingness to consider the repeal of or amendments to the Citizenship Act of 1982 that stripped the Rohingya of their full citizenship. - (11) During 2018, the ongoing conflict in Burma escalated in Kachin and Shan States, reignited in Karen (Kayin) State, and spread into Chin and Rakhine States. Along with the increase in fighting between Burma’s security forces and several ethnic armed organizations, there was a rise in allegations of human rights abuses perpetrated by Burmese security forces in these conflict areas. - (12) In April 2018, thousands of civilians fled fighting between the military and ethnic armed groups in Kachin State, prompting peaceful demonstrations. In December 2018, three prominent activist in Kachin State, Lum Zawng, Nang Pu and Zau Jet were convicted and sentenced to six 6 months imprisonment for defaming the military. - (13) On June 6, 2018, the United Nations Refugee Agency and the United Nations Development Programme signed a tripartite Memorandum of Understanding with Burma. The Office of the United Nations High Commissioner for Refugees and various international human rights and international relief agencies agreed that conditions in Rakhine State are not sufficient for the voluntary, safe, dignified, and sustainable return of the Rohingya. - (14) The United Nations Independent International Fact-Finding Mission on Myanmar, the Department of State, and more than a dozen human rights organizations have reported and documented a campaign of violence perpetrated by the security forces of Burma, which indiscriminately fired on and killed civilians, raped women and girls, and arrested Rohingya men without any cause or charges. Satellite images obtained by Amnesty International reveal that, out of the approximately 470 villages in northern Rakhine State, nearly 300 were partially or completely destroyed by fire since August 25, 2017, most of which were completely or partially populated by Rohingya Muslims. - (15) In its report of September 17, 2018, the United Nations Independent International Fact-Finding Mission on Myanmar determined that there was sufficient evidence of “genocidal intent” in the attacks against the Rohingya in Rakhine State, and probable “crimes against humanity” and “war crimes” in Burmese security forces assaults on ethnic minorities in Kachin and Shan States. The Mission recommended that the United Nations Security Council “should ensure accountability for crimes under international law committed in Myanmar, preferably by referring the situation to the International Criminal Court or alternatively by creating an ad hoc international criminal tribunal”. The Mission also recommended the imposition of targeted economic sanctions, including an arms embargo on Burma. - (16) On September 3, 2018, Wa Lone and Kyaw Soe Oo were convicted and sentenced to seven years in prison and released as an act of Presidential amnesty on May 6, 2019, after over 500 days in jail. Time Magazine included pictures the two reporters on the cover of its “Person of the Year” issue on December 10, 2018, as two of the “Guardians and the War on Truth”. - (17) According to the free-speech organization Athan, 44 journalists and 142 activists have faced trial since 2016 charged with colonial-era laws used to stifle dissent, while tightening restrictions on activist groups. - (18) On September 28, 2018, the United Nations Human Rights Council passed a resolution that calls for an independent mechanism to collect and analyze evidence in regard to the serious international crimes committed in Burma against Rohingya Muslims and other minorities since 2011. The resolution requests that the independent mechanism “prepare files in order to facilitate and expedite fair and independent criminal proceedings, in accordance with international law standards, in national, regional or international courts or tribunals that have or may in the future have jurisdiction over these crimes”. - (19) On November 15, 2018, the Government of Bangladesh and the Government of Burma abandoned plans to return more than 2,000 Rohingya to Rakhine State after it was determined that none were willing to voluntarily return given the current conditions in Rakhine State, as well as the Government of Burma’s failure to ensure the returnees’ safety, dignity, or sustainability of their livelihoods. - (20) A December 2018 report by the Public Law Interest & Policy group noted that “the destruction of their villages, crops, and virtually all infrastructure clearly points to a strategy of ensuring the Rohingya’s permanent removal. The mass killings and accompanying brutality, including against children, women, pregnant women, the elderly, and those crossing the border to Bangladesh further suggest, however, that, at least in the minds of some perpetrators, the goal was not only to expel, but also to exterminate the Rohingya …” * * *” and that “there are reasonable grounds to believe that crimes against humanity, genocide, and war crimes have been committed against the Rohingya in Myanmar’s northern Rakhine State”. - (21) Despite substantial evidence of widespread and systematic atrocities committed by Burmese security forces in Rakhine State, State Counselor Aung San Suu Kyi and Burma’s Commander-in-Chief Senior General Min Aung Hlaing continue to maintain that no such widespread and systematic atrocities occurred. - (22) On December 13, 2018, the United States House of Representatives passed House Resolution 1091 (115th Congress) which expressed the sense of the House that “the atrocities committed against the Rohingya by the Burmese military and security forces since August 2017 constitute crimes against humanity and genocide” and called upon the Secretary of State to review the available evidence and make a similar determination. - (23) On December 19, 2018, the United Nations Humanitarian Coordinator requested $202,000,000 for the 2019 Humanitarian Response Plan for Burma. - (24) The 2019 Joint Response Plan for the Rohingya Humanitarian Crisis asks the international community to provide $20,500,000 in assistance to meet needs in Bangladesh. - (25) On May 14, 2019, the United Nations Fact-Finding Mission on Myanmar urged all countries to cut off economic ties to Burma’s military-owned businesses, stating “… “* * * due to the gravity of past and continuing violations, attention must be given to the political, economic and financial ties of the Myanmar military … * * * so we can cut off the money supply as a means of increasing pressure and reducing the violence.”. ## Sec. 102 Sense of Congress with respect to humanitarian assistance, freedom of movement, and rights of returnees - (a) Sense of Congress— It is the sense of Congress that— - (1) significant and sustained international funding, from both public and private sources, is necessary to address the medium- and long-term impacts of the crisis in Burma and the impact of the crisis on Bangladesh; and - (2) the United States should make resolving the Rohingya crisis one of its top priorities in its engagement with regional institutions, such as the Association of Southeast Asian Nations. - (b) Restoration of humanitarian access and accountability in Rakhine State— Congress calls on the Government of Burma, including the Burmese military and security forces, to ensure full and secure humanitarian access to the State of Rakhine and to cooperate with the ongoing international mechanism set up by the United Nations Human Rights Council in September 2018 and funded by the United Nations General Assembly to gather evidence and other information pertaining to allegations of crimes against humanity and genocide committed in Burma. - (c) Rights of refugees, internally displaced persons, and returnees— - (1) Burma— Congress calls on the Government of Burma to— - (A) ensure that Rohinyga in Burma have freedom of movement; - (B) create conditions for return of those displaced from their homes and implement the recommendations of the Advisory Commission on Rakhine State, which includes full and equal citizenship; - (C) work closely with the international community, including the United Nations High Commissioner for Refugees, to ensure the dignified, safe, sustainable and voluntary return of all those displaced from their homes, especially from Rakhine State, without an unduly high burden of proof; and - (D) offer compensation or restitution to those refugees who do not want to return to their homes. - (2) Bangladesh— Congress calls on the Government of Bangladesh to— - (A) ensure that the rights of refugees are protected, including through allowing them to build more permanent shelters, and ensuring equal access to healthcare, basic services, education and work; - (B) work closely with the international community, including the United Nations High Commissioner for Refugees, to ensure that any repatriation or resettlement of refugees be dignified, safe, sustainable and voluntary; and - (C) ensure that any relocation or local integration of refugees in Bangladesh be consistent with international humanitarian principles, including freedom of movement, and implemented only through voluntary, fully informed consent. ## Sec. 202 Imposition of sanctions with respect to human rights abuses in Burma - (a) In general— Except as provided in subsection (b), for For the 8-year period beginning on the date that is 270 days after the date of the enactment of this Act and ending on Act, the date President shall impose the sanctions described in subsection (c), the United States may not provide any security assistance or engage in any security cooperation (b) with any of respect to each foreign person that the military or security forces of Burma.President determines, based on credible evidence— - (1) is a current or former senior official of the military or security forces of Burma who— - (A) knowingly perpetrated, ordered, or otherwise directed serious human rights abuses in Burma; or - (B) has taken significant steps to impede investigations or prosecutions of alleged serious human rights abuses, including against the Rohingya community in Rakhine State; - (2) is an entity owned or controlled by any person described in paragraph (1); - (3) is an entity, such as the Myanmar Economic Cooperation or the Myanmar Economic Holding Corporation, that is owned or controlled, directly or indirectly, by the military or security forces of Burma, including through collective or cooperative structures, from which one or more persons described in paragraph (1) derive significant revenue or financial benefit; or - (4) has knowingly— - (A) provided significant financial, material, or technological support— - (i) to a foreign person described in paragraph (1) in furtherance of any of the acts described in subparagraph (A) or (B) of such paragraph; or - (ii) to any entity owned or controlled by such person or an immediate family member of such person; or - (B) received significant financial, material, or technological support from a foreign person described in paragraph (1) or an entity owned or controlled by such person or an immediate family member of such person. - (b) Exceptions; waiver—Sanctions described; exceptions— - (1) Sanctions— The sanctions described in this subsection are the following: - (1) Exceptions— - (A) Certain existing authorities— Notwithstanding subsection (a), the Secretary of Defense shall retain the authority granted by section 1253 of the Carl Levin and Howard P. “Buck” McKeon National Defense Authorization Act for Fiscal Year 2015 (22 U.S.C. 2151 note). The limitation in subsection (a) of this section may not be construed to limit the authority to provide the Government of Burma with assistance necessary to make available the activities described in subsection (a) of such section 1253. - (A) Hospitality—Asset blocking— Notwithstanding subsection (a), the Secretary requirements of State and section 202 of the United States Agency for International Development may provide assistance authorized under part I Emergency Economic Powers Act (50 U.S.C. 1701), the exercise of all powers granted to the Foreign Assistance President by such Act of 1961 (22 U.S.C. 2151 et seq.) to provide hospitality during research, dialogues, meetings, the extent necessary to block and prohibit all transactions in all property and interests in property of a foreign person the President determines meets one or other activities by more of the parties attending criteria described in subsection (a) if such property and interests in property are in the Union Peace Conference 21st Century Panglong United States, come within the United States, or related processes seeking inclusive, sustainable reconciliation.are or come within the possession or control of a United States person. - (B) Aliens inadmissible for visas, admission, or parole— - (i) Visas, admission, or parole— A foreign person described in subsection (a) is— - (I) inadmissible to the United States; - (II) ineligible to receive a visa or other documentation to enter the United States; and - (III) 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.). - (ii) Current visas revoked— A foreign person described in subsection (a) is subject to the following: - (I) Revocation of any visa or other entry documentation regardless of when the visa or other entry documentation is or was issued. - (II) A revocation under subclause (I) shall— - (aa) take effect immediately; and - (bb) automatically cancel any other valid visa or entry documentation that is in the foreign person’s possession. - (2) Waiver—Exception to comply with United Nations Headquarters Agreement— The Secretary of State, Sanctions under paragraph (1)(B) shall not apply with respect to security assistance, and an alien if admitting or paroling the Secretary of State in consultation with alien into the Secretary of Defense, with respect United States is necessary to security cooperation programs and activities of permit the Department of Defense, may waive on a case-by-case basis United States to comply with the limitation under subsection (a) if Agreement regarding the Secretary submits to Headquarters of the appropriate congressional committees, not later than 30 days before such waiver enters United Nations, signed at Lake Success June 26, 1947, and entered into effect—force November 21, 1947, between the United Nations and the United States, or other applicable international obligations. - (A) a list of the activities and participants to which such waiver would apply; - (B) a certification, including a justification, that the waiver is in the national security interest of the United States; and - (C) a certification that none of the participants included in the list described in subparagraph (A) have committed any of the acts described in subparagraph (A) or (B) of section 203(a)(1) or committed any other gross violation of human rights, as such term is defined for purposes of section 362 of title 10, United States Code. - (c) Certification of significant progress—Penalties— The date described in Any 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 subsection is (b) shall be subject to the earlier penalties set forth in subsections (b) and (c) of the date that is 8 years after the date section 206 of the enactment of this International Emergency Economic Powers Act or the date on which the Secretary of State certifies (50 U.S.C. 1705) to the appropriate congressional committees the following:same extent as a person that commits an unlawful act described in subsection (a) of that section. - (d) 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 and shall issue such regulations, licenses, and orders as are necessary to carry out this section. - (1) The military and security forces of Burma— - (A) have demonstrated significant progress in abiding by international human rights standards and are undertaking meaningful security sector reform, including reforms that enhance transparency and accountability, to prevent future abuses; - (B) adhere to international humanitarian law; - (C) pledge to stop future human rights abuses; - (D) support efforts to carry out comprehensive independent investigations of alleged abuses; - (E) are taking steps to hold accountable any members of such forces determined to be responsible for human rights abuses; and - (F) cease their attacks against ethnic minority groups and participate in the conclusion of a nationwide cease-fire agreement, political accommodation, and constitutional change, including the provision of citizenship to the Rohingya. - (2) The Government of Burma, including the military and security forces— - (A) allows full humanitarian access to communities in areas affected by conflict, including Rohingya communities in Rakhine State; - (B) cooperates with the United Nations High Commissioner for Refugees and organizations affiliated with the United Nations to ensure the protection of displaced persons and the safe, voluntary, sustainable, and dignified return of refugees and internally displaced persons; - (C) defines a transparent plan that includes— - (i) a timeline for professionalizing the military and security forces; and - (ii) a process by which the military withdraws from ownership or control of private-sector business enterprises and ceases involvement in the illegal trade in natural resources and narcotics; and - (D) establishes civilian control over the finances and assets of its military and security forces, including that military expenditures are subject to civilian oversight. - (d) Report— - (1) In general— Not later than 180 days after the date of the enactment of this Act, and annually thereafter, the Secretary of Defense and the Secretary of State shall submit to the appropriate congressional committees a report on the strategy and plans for military-to-military engagement between the United States Armed Forces and the military and security forces of Burma. - (2) Elements required— The report required under paragraph (1) shall include the following: - (A) A description and assessment of the Government of Burma's strategy for security sector reform, including any plans to withdraw the military from owning or controlling private-sector business entities and end involvement in the illegal trade in jade and other natural resources, reforms to end corruption and illicit drug trafficking, and constitutional reforms to ensure civilian control. - (B) A list of ongoing military activities conducted by the United States Government with the Government of Burma, and a description of the United States strategy for future military-to-military engagements between the United States and Burma's military and security forces. - (C) An assessment of the progress of the military and security forces of Burma towards developing a framework to implement human right reforms, including— - (i) cooperation with civilian authorities and independent international investigations to investigate and prosecute cases of human rights abuses; - (ii) steps taken to demonstrate respect for and implementation of the laws of war; and - (iii) a description of the elements of the military-to-military engagement between the United States and Burma that promote such implementation. - (D) An assessment of progress on the peaceful settlement of armed conflicts between the Government of Burma and ethnic minority groups, including actions taken by the military of Burma to adhere to cease-fire agreements, allow for safe, voluntary, sustainable, and dignified returns of displaced persons to their homes, and withdraw forces from conflict zones. - (E) An assessment of the manner and extent to which the Burmese military recruits and uses children as soldiers. - (F) An assessment of the Burmese's military's use of violence against women, sexual violence, or other gender-based violence as a tool of terror, war, or ethnic cleansing. - (e) Form—Exception relating to the importation of goods— - (1) In general— The certification described in subsection (c) authorities and the report required by subsection (d) requirements to impose sanctions authorized under this Act shall be submitted in unclassified form but may not include a classified annex.the authority or requirement to impose sanctions on the importation of goods. - (2) Certification—Good defined— The certification described in subsection (c) shall be accompanied by a written justification in unclassified form, that may contain a classified annex, describing In this subsection, the Burmese military's efforts to implement reforms, end impunity for human rights abuses, term “good” means any article, natural or man-made substance, material, supply or manufactured product, including inspection and increase transparency test equipment, and accountability.excluding technical data. - (f) Waiver— The President may annually waive the application of sanctions imposed on a foreign person pursuant to subsection (a) if the President— - (1) determines that a waiver with respect to such foreign person is in the national interest of the United States; and - (2) not later than the date on which such waiver will take effect, submits to the following committees notice of and justification for such waiver: - (A) The Committee on Foreign Affairs, the Committee on Appropriations, and the Committee on Financial Services of the House of Representatives. - (B) The Committee on Foreign Relations, the Committee on Appropriations, and the Committee on Banking, Housing, and Urban Affairs of the Senate. - (g) Definitions— In this section— - (1) Admitted; alien— The terms admitted and alien have the meanings given those terms in section 101 of the Immigration and Nationality Act (8 U.S.C. 1001). - (2) Foreign person— The term foreign person means a person that is not a United States person. - (3) Knowingly— The term knowingly means, with respect to conduct, a circumstance, or a result, means that a person has actual knowledge, or should have known, of the conduct, the circumstance, or the result. - (4) United States person— The term United States person means— - (A) a United States citizen, an alien lawfully admitted for permanent residence to the United States, or any other individual subject to the jurisdiction of the United States; or - (B) an entity organized under the laws of the United States or of any jurisdiction within the United States, including a foreign branch of such entity. ## Sec. 203 Imposition of sanctions with respect to human rights abuses in Burma — removed - (a) In general— For the 8-year period beginning on the date that is 270 days after the date of the enactment of this Act, the President shall impose the sanctions described in subsection (b) with respect to each foreign person that the President determines, based on credible evidence— - (1) is a current or former senior official of the military or security forces of Burma who— - (A) knowingly perpetrated, ordered, or otherwise directed serious human rights abuses in Burma; or - (B) has taken significant steps to impede investigations or prosecutions of alleged serious human rights abuses, including against the Rohingya community in Rakhine State; - (2) is an entity owned or controlled by any person described in paragraph (1); - (3) is an entity, such as the Myanmar Economic Cooperation or the Myanmar Economic Holding Corporation, that is owned or controlled, directly or indirectly, by the military or security forces of Burma, including through collective or cooperative structures, from which one or more persons described in paragraph (1) derive significant revenue or financial benefit; or - (4) has knowingly— - (A) provided significant financial, material, or technological support— - (i) to a foreign person described in paragraph (1) in furtherance of any of the acts described in subparagraph (A) or (B) of such paragraph; or - (ii) to any entity owned or controlled by such person or an immediate family member of such person; or - (B) received significant financial, material, or technological support from a foreign person described in paragraph (1) or an entity owned or controlled by such person or an immediate family member of such person. - (b) Sanctions described; exceptions— - (1) Sanctions— The sanctions described in this subsection are the following: - (A) Asset blocking— Notwithstanding the requirements of section 202 of the International Emergency Economic Powers Act (50 U.S.C. 1701), the exercise of all powers granted to the President by such Act to the extent necessary to block and prohibit all transactions in all property and interests in property of a foreign person the President determines meets one or more of the criteria described in 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. - (B) Aliens inadmissible for visas, admission, or parole— - (i) Visas, admission, or parole— An alien who the Secretary of State or the Secretary of Homeland Security (or a designee of one of such Secretaries) knows, or has reason to believe, meets any of the criteria described in subsection (a) is— - (I) inadmissible to the United States; - (II) ineligible to receive a visa or other documentation to enter the United States; and - (III) 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.). - (ii) Current visas revoked— - (I) In general— The issuing consular officer or the Secretary of State (or a designee of the Secretary of State) shall, in accordance with section 221(i) of the Immigration and Nationality Act (8 U.S.C. 1201(i)), revoke any visa or other entry documentation issued to an alien described in clause (i) regardless of when the visa or other entry documentation is issued. - (II) Effect of revocation— A revocation under subclause (I) shall take effect immediately and shall automatically cancel any other valid visa or entry documentation that is in the alien's possession. - (2) Exception to comply with United Nations Headquarters Agreement— Sanctions under paragraph (1)(B) 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. - (c) Penalties— Any 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 subsection (b) 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. - (d) 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 and shall issue such regulations, licenses, and orders as are necessary to carry out this section. - (e) Exception relating to the importation of goods— - (1) In general— The authorities and requirements to impose sanctions authorized under this Act shall not include the authority or requirement to impose sanctions on the importation of goods. - (2) Good defined— In this subsection, 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. - (f) Waiver— The President may annually waive the application of sanctions imposed on a foreign person pursuant to subsection (a) if the President— - (1) determines that a waiver with respect to such foreign person is in the national interest of the United States; and - (2) not later than the date on which such waiver will take effect, submits to the following committees notice of and justification for such waiver: - (A) The Committee on Foreign Affairs, the Committee on Appropriations, and the Committee on Financial Services of the House of Representatives. - (B) The Committee on Foreign Relations, the Committee on Appropriations, and the Committee on Banking, Housing, and Urban Affairs of the Senate. - (g) Definitions— In this section— - (1) Admitted; alien— The terms admitted and alien have the meanings given those terms in section 101 of the Immigration and Nationality Act (8 U.S.C. 1001). - (2) Foreign person— The term foreign person means a person that is not a United States person. - (3) Knowingly— The term knowingly means, with respect to conduct, a circumstance, or a result, means that a person has actual knowledge, or should have known, of the conduct, the circumstance, or the result. - (4) United States person— The term United States person means— - (A) a United States citizen, an alien lawfully admitted for permanent residence to the United States, or any other individual subject to the jurisdiction of the United States; or - (B) an entity organized under the laws of the United States or of any jurisdiction within the United States, including a foreign branch of such entity. ## Sec. 501 Determination of budgetary effects — added - The budgetary effects of this Act, for the purpose of complying with the Statutory Pay-As-You-Go Act of 2010, shall be determined by reference to the latest statement titled “Budgetary Effects of PAYGO Legislation” for this Act, submitted for printing in the Congressional Record by the Chairman of the Committee on the Budget of the House of Representatives, provided that such statement has been submitted prior to the vote on passage.