Section 1 Short title
This Act may be cited as the “Free Peng Shuai Act”.
Free Peng Shuai Act
A BILL
To require the imposition of sanctions pursuant to the Global Magnitsky Human Rights Accountability Act to combat the perpetuation of human rights violations in the People’s Republic of China by certain members of the International Olympic Committee, and for other purposes.
Sec. 2 Global Magnitsky sanctions with respect to certain International Olympic Committee (IOC) officials who are complicit in the perpetuation of human rights abuses in the People’s Republic of China
In general— Not later than 120 days after the date of the enactment of this Act and as appropriate thereafter, the President shall impose the sanctions described in subsection (c) with respect to each foreign person described in subsection (b) if the President has credible evidence that the foreign person has knowingly engaged in any of the activities described in section 1263(a)(3) of the Global Magnitsky Human Rights Accountability Act (subtitle F of title XII of Public Law 114–328; 22 U.S.C. 2656 note).
Foreign persons described— A foreign person described in this subsection is a foreign person who is—
President of the International Olympic Committee; or
any other individual associated with the International Olympic Committee who the President determines has materially assisted the Government of the People’s Republic of China in the disappearance of Peng Shuai.
Sanctions described—
In general— The sanctions described in this subsection are the sanctions described in section 1263(b) of the Global Magnitsky Human Rights Accountability Act (subtitle F of title XII of Public Law 114–328; 22 U.S.C. 2656 note).
Exception for intelligence activities— The requirement to impose sanctions under this section shall not apply with respect to activities 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 activities of the United States.
Waiver— The President may waive the imposition of the sanctions under this section with respect to a foreign person if the President determines and reports to the appropriate congressional committees that—
a waiver is in the national security interests of the United States; or
Peng Shuai has been released and may travel freely, including internationally, and her well-being has been independently confirmed to the satisfaction of the Government of the United States.
Implementation—
In general— 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 section.
Exception relating to the importation of goods— 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.
Good defined— In this subsection, the term “good” means any article, natural or manmade substance, material, supply, or manufactured product, including inspection and test equipment and excluding technical data.
Penalties— 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.
Report on implementation— Not later than 15 days after imposing sanctions under subsection (a), the President shall submit to the appropriate congressional committees a report regarding measures taken to implement this section.
Definitions— In this section:
Appropriate congressional committees— The term “appropriate congressional committees” means—
the Committee on Foreign Affairs, the Committee on Armed Services, the Permanent Select Committee on Intelligence, the Committee on Financial Services, the Committee on the Judiciary, and the Committee on Appropriations of the House of Representatives; and
the Committee on Foreign Relations, the Committee on Armed Services, the Select Committee on Intelligence, the Committee on Banking, Housing, and Urban Affairs, the Committee on the Judiciary, and the Committee on Appropriations of the Senate.
Foreign person— The term “foreign person” means an individual or entity that is not a United States person.
United States person— 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.