US Codex
Bill
Notes

Title II — Actions to address foreign intervention in Libya

H.R. 4644 · 116th Congress · Nov 30, 2020 · Lineage

II Actions to address foreign intervention in Libya

Sec. 201 Sanctions with respect to foreign persons leading, directing, or supporting certain foreign government involvement in Libya

(a)
In general— Not later than 180 days after the date of the enactment of this Act, the President shall impose each of the sanctions described in section 204 with respect to each foreign person that the President determines knowingly engages in an activity described in subsection (b).
(b)
Activities described— A foreign person engages in an activity described in this subsection if the person leads, directs, or provides significant financial, material, or technological support to, or knowingly engages in a significant transaction with, a non-Libyan foreign person that is—
(1)
in Libya in a military or commercial capacity as a military contractor, mercenary, or part of a paramilitary force; and
(2)
engaged in significant actions that threaten the peace, security, or stability of Libya.

Sec. 202 Sanctions with respect to foreign persons threatening the peace or stability of Libya

(a)
Imposition of sanctions— The President shall impose each of the sanctions described in section 204 with respect to each foreign person on the list required by subsection (b).
(b)
List— 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—
(1)
foreign persons, including senior government officials, militia leaders, paramilitary leaders, and other persons who provide significant support to militia or paramilitary groups in Libya, that the President determines are knowingly—
(A)
engaged in significant actions or policies that threaten the peace, security, or stability of Libya, including any supply of arms or related materiel in violation of a United Nations Security Council resolution with respect to Libya;
(B)
engaged in significant actions or policies that obstruct, undermine, delay, or impede, or pose a significant risk of obstructing, undermining, delaying, or impeding the United Nations-mediated political process that seeks a negotiated and peaceful solution to the Libyan crisis;
(C)
engaged in significant actions that may lead to or result in the misappropriation of significant state assets of Libya;
(D)
involved in, or has been involved in, the significant illicit exploitation of crude oil or any other natural resources in Libya, including the significant illicit production, refining, brokering, sale, purchase, or export of Libyan oil;
(E)
significantly threatening or coercing Libyan state financial institutions or the Libyan National Oil Company; or
(F)
significantly responsible for actions or policies that are intended to undermine efforts to promote stabilization and economic recovery in Libya;
(2)
foreign persons that the President determines are successor entities to persons referred to in subparagraphs (A) through (F) of paragraph (1); and
(3)
foreign persons that the President determines—
(A)
own or control, or are owned or controlled by, a person referred to in any of subparagraphs (A) through (F) of paragraph (1) or paragraph (2); and
(B)
have provided, or attempted to provide, significant financial, material, technological, or other support for, or goods or services in support of, a person referred to in any of subparagraphs (A) through (F) of paragraph (1) or paragraph (2) for purposes of engaging in any activity listed in such subparagraphs (A) through (F) of paragraph (1).
(4)
Updates of list— The President shall submit to the appropriate congressional committees an updated list under paragraph (1)—
(A)
not later than 180 days after the date of the enactment of this Act and annually thereafter for a period of 5 years; or
(B)
as new information becomes available.
(5)
Form— The list required by paragraph (1) shall be submitted in unclassified form, but may include a classified annex.

Sec. 203 Sanctions with respect to foreign persons who are responsible for or complicit in gross violations of internationally recognized human rights committed in Libya

(a)
Imposition of sanctions— The President shall impose each of the sanctions described in section 204 with respect to each foreign person on the list required by subsection (b).
(b)
List of persons—
(1)
In general— 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 foreign persons, including senior government officials, militia leaders, paramilitary leaders, and other persons who provide significant support to militia or paramilitary groups in Libya, that the President determines are knowingly responsible for or complicit in, or have directly or indirectly engaged in, gross violations of internationally recognized human rights committed in Libya.
(2)
Updates of list— The President shall submit to the appropriate congressional committees an updated list under paragraph (1)—
(A)
not later than 180 days after the date of the enactment of this Act and annually thereafter for a period of 5 years; or
(B)
as new information becomes available.
(3)
Form— The list required by paragraph (1) shall be submitted in unclassified form, but may include a classified annex.

Sec. 204 Sanctions described

(a)
Sanctions described— The sanctions to be imposed with respect to a foreign person under section 201, 202, or 203 are the following:
(1)
Blocking of property— The President shall exercise all of the powers granted to the President by 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.
(2)
Inadmissibility of certain individuals—
(A)
Ineligibility for visas, admission, or parole— A foreign person who meets any of the criteria described section 201, 202, or 203 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.).
(B)
Current visas revoked— A foreign person subject to section 201, 202, or 203 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 clause (i) shall—
(I)
take effect immediately; and
(II)
automatically cancel any other valid visa or entry documentation that is in the foreign person’s possession.
(b)
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 regulations promulgated under section 306(2) to carry out subsection (a)(1) to the same extent that such penalties apply to a person that commits an unlawful act described in section 206(a) of that Act.
(c)
Exception— Sanctions under subsection (a)(2) shall not apply 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 of the United States.
(d)
Exception to comply with national security— The following activities shall be exempt from sanctions under this section:
(1)
Activities subject to the reporting requirements under title V of the National Security Act of 1947 (50 U.S.C. 3091 et seq.).
(2)
Any authorized intelligence or law enforcement activities of the United States.

Sec. 205 Waiver

The President may waive the application of sanctions imposed on a foreign person under this title if the President—
(1)
determines that such a waiver 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 appropriate congressional committees a notice of and justification for such waiver.

Sec. 206 Implementation and regulatory authority

The President—
(1)
is authorized to exercise all authorities provided to the President under sections 203 and 205 of the International Emergency Economic Powers Act (50 U.S.C. 1702 and 1704) to carry out this title; and
(2)
shall issue such regulations, licenses, and orders as are necessary to carry out this title.

Sec. 207 Exception relating to importation of goods

(a)
In general— The authorities and requirements to impose sanctions under this title shall not include the authority or requirement to impose sanctions on the importation of goods.
(b)
Good defined— In this section, 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.

Sec. 208 Definitions

In this title:
(1)
Appropriate congressional committees— The term “appropriate congressional committees” means—
(A)
the Committee on Foreign Affairs and the Committee on Financial Services of the House of Representatives; and
(B)
the Committee on Foreign Relations and the Committee on Banking, Housing, and Urban Affairs of the Senate.
(2)
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. 1101).
(3)
Foreign person— The term “foreign person” means an individual or entity that is not a United States person.
(4)
Foreign government— The term “foreign government” means any government of a country other than the United States.
(5)
Knowingly— The term “knowingly” 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.
(6)
United states person— The term “United States person” means—
(A)
an individual who is a United States citizen or an alien lawfully admitted for permanent residence to the United States; or
(B)
an entity organized under the laws of the United States or any jurisdiction within the United States, including a foreign branch of such an entity; or
(C)
any person in the United States.
(7)
Gross violations of internationally recognized human rights— The term “gross violations of internationally recognized human rights” has the meaning given such term in section 502B(d)(1) of the Foreign Assistance Act of 1961 (22 U.S.C. 2304(d)(1)).

Sec. 209 Suspension of sanctions

(a)
In general— The President may suspend in whole or in part the imposition of sanctions otherwise required under this title for periods not to exceed 90 days if the President determines that the parties to the conflict in Libya have agreed to and are upholding a sustainable, good-faith ceasefire in support of a lasting political solution in Libya.
(b)
Notification required— Not later than 30 days after the date on which the President makes a determination to suspend the imposition of sanctions as described in subsection (a), the President shall submit to the appropriate congressional committees a notification of the determination.
(c)
Reimposition of sanctions— Any sanctions suspended under subsection (a) shall be reimposed if the President determines that the criteria described in that subsection are no longer being met.

Sec. 210 Sunset

The requirement to impose sanctions under this title shall cease to be effective on December 31, 2024.