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Title II — Actions to address foreign intervention in Libya

S. 2934 · 116th Congress · Nov 21, 2019 · Lineage

II Actions to address foreign intervention in Libya

Sec. 201 Definitions

In this title:
(1)
Admission; admitted, alien— The terms admission, admitted, and alien have the meanings given those terms in section 101 of the Immigration and Nationality Act (8 U.S.C. 1101).
(2)
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.
(3)
Foreign person— The term foreign person means an individual or entity that is not a United States person.
(4)
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.
(5)
United states person— The term United States person means—
(A)
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.

Sec. 202 Imposition of sanctions with respect to persons supporting Russian military intervention in Libya

(a)
In general— On and after the date that is 180 days after the date on which the report required by section 102 is submitted to the appropriate congressional committees, the President shall impose the sanctions described in section 205 with respect to a foreign person if the President determines that the foreign person, on or after the date of the enactment of this Act, 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 knowingly provides significant financial, material, or technological support to, or knowingly engages in a significant transaction with—
(1)
a foreign person that is knowingly operating in a military capacity in Libya for or on behalf of the Government of the Russian Federation; or
(2)
a foreign person that is a military contractor, mercenary, or a paramilitary force knowingly operating in a military capacity in Libya for or on behalf of the Government of the Russian Federation.

Sec. 203 Imposition of sanctions with respect to persons threatening the peace or stability of Libya

(a)
In general— On and after the date that is 180 days after the date of the enactment of this Act, the President shall impose the sanctions described in section 205 with respect to a foreign person if the President determines that the person, on or after the date of the enactment of this Act, 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 knowingly—
(1)
is engaged in significant actions or policies that threaten the peace, security, or stability of Libya, including through the supply of arms or related materiel;
(2)
is 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;
(3)
is engaged in significant actions or policies that may lead to or result in the misappropriation of significant assets of the Government of Libya;
(4)
is 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 oil produced in Libya;
(5)
is significantly threatening or coercing financial institutions owned or controlled by the Government of Libya or the Libyan National Oil Company;
(6)
is significantly responsible for actions or policies that are intended to undermine—
(A)
the United Nations-led political process to end the conflict in Libya; or
(B)
efforts to promote stabilization and economic recovery in Libya;
(7)
is significantly responsible for civilian casualties or violations of international humanitarian law;
(8)
is a successor entity to a person referred to in any of paragraphs (1) through (7);
(9)
owns or controls, or is owned or controlled by, a person referred to in any of paragraphs (1) through (7);
(10)
is acting for or on behalf of a person referred to in any of paragraphs (1) through (7); or
(11)
has 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 paragraphs (1) through (7).

Sec. 204 Imposition of sanctions with respect to certain persons who are responsible for or complicit in human rights abuses committed in Libya

(a)
In general— The President shall impose the sanctions described in section 205 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 that the President determines are knowingly responsible for or complicit in, or to have directly or indirectly engaged in, serious human rights abuses and violations of international humanitarian law 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 until the date that is 5 years after such date of enactment; 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. 205 Sanctions described

The sanctions to be imposed with respect to a foreign person under section 202, 203, or 204 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— An alien described in section 202, 203, or 204(b)(1) 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—
(i)
In general— An alien described in section 202, 203, or 204(b)(1) is subject to revocation of any visa or other entry documentation regardless of when the visa or other entry documentation is or was issued.
(ii)
Immediate effect— 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 alien’s possession.

Sec. 206 Waiver; exceptions

(a)
Waiver— The President, acting through the Secretary of State, may waive the application of sanctions imposed with respect to a foreign person under this title if the Secretary—
(1)
determines that such a waiver is in the national interest of the United States; and
(2)
not later than the date on which the waiver takes effect, submits to the appropriate congressional committees a notice of and justification for the waiver.
(b)
Exception for compliance with international obligations— Section 205(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.
(c)
Exception relating to importation of goods—
(1)
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.
(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.

Sec. 207 Implementation; regulations; penalties

(a)
Implementation— The President may 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.
(b)
Regulations— The President shall issue such regulations, licenses, and orders as are necessary to carry out this title.
(c)
Penalties— A person that violates, attempts to violate, conspires to violate, or causes a violation of this title or any regulation, license, or order issued to carry out this title 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.

Sec. 208 Termination

The requirement to impose sanctions under this title shall terminate on December 31, 2024.