Section 1 Short title
This Act may be cited as the “Hizballah in Latin America Accountability Act of 2021”.
Hizballah in Latin America Accountability Act of 2021
A BILL
To impose certain measures with respect to Hizballah-affected areas in Latin America and the Caribbean and to impose sanctions with respect to senior foreign political figures in Latin America who support Hizballah, and for other purposes.
Sec. 2 Definitions
In this Act:
Appropriate congressional committees— In this section, the term appropriate congressional committees means—
the Committee on Foreign Relations, the Committee on Banking, Housing, and Urban Affairs, and the Committee on the Judiciary of the Senate; and
the Committee on Foreign Affairs, the Committee on Financial Services, and the Committee on the Judiciary of the House of Representatives.
Covered country— The term covered country means any of the following:
Argentina.
Belize.
Bolivia.
Brazil.
Chile.
Colombia.
Cuba.
The Dominican Republic.
Ecuador.
Mexico.
Nicaragua.
Panama.
Paraguay.
Peru.
Uruguay.
Venezuela.
Foreign person— The term foreign person has the meaning given the term in section 101(d) of the Hizballah International Financing Prevention Act of 2015 (Public Law 114–102; 50 U.S.C. 1701 note).
Good— 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. 3 Reporting on illicit activities of Hizballah in Latin America and the Caribbean
Report required— Not later than 180 days after the date of the enactment of this Act, the Secretary of the Treasury, in consultation with the Secretary of State, shall submit to the appropriate congressional committees a report on illicit activities of Hizballah in Latin America and the Caribbean that—
estimates—
the number of operatives acting on behalf of the Iran’s Revolutionary Guard Corps and intelligence services in covered countries;
the number of operatives acting on behalf of Hizballah in covered countries and whether that number exceeds the number of such operatives last estimated by Mr. Roger F. Noriega in testimony before the Permanent Select Committee on Intelligence of the House of Representatives in July 2011;
how much of Hizballah’s annual budget derives from illicit operations in covered countries;
the type of weapons that have been smuggled to drug trafficking organizations from Iran, Hizballah, or the Quds Force to Latin America and the Caribbean; and
the amount of resources the governments of Venezuela, Bolivia, Nicaragua, and Cuba are supplying to Iran to assist in the development of Iran’s weapons of mass destruction programs;
describes—
recruiting efforts and modes of recruitment by Hizballah, including the target audience of such efforts and the language used; and
how Hizballah and the Quds Force have advanced their tactics within the covered countries in the 10 years preceding the date of the enactment of this Act;
identifies—
financial institutions in covered countries known to be operating on behalf or with ties to Hizballah or the Quds Force; and
officials of the governments of covered countries with financial or other ties to the Quds Force or members of Hizballah; and
assesses—
whether Margarita Island, the tri-border area between Argentina, Paraguay, and Brazil, or any other free trade zone is a headquarters for Hizballah;
the relationship between dissidents of the Revolutionary Armed Forces of Colombia (commonly known as the “FARC”) and members of the National Liberation Army of Colombia (commonly known as the “ELN”) and Hizballah;
interagency efforts and progress in combatting illicit activities of Hizballah in covered countries;
the actions of Hizballah in covered countries that violate or undermine internationally recognized human rights;
the ability and efforts of the government of each covered country to curb illicit activities of Hizballah; and
the extent of the role of multilateral fora in efforts of the United States to counter the illicit activities of Hizballah.
Briefing required— Not later than 120 days after the date of the enactment of this Act, the Secretary of the Treasury, in consultation with the Secretary of State, shall brief the appropriate congressional committees on how Hizballah uses cryptocurrency to conduct illicit activities.
Form of report— The report required by subsection (a) shall be submitted in unclassified form but may include a classified annex.
Sec. 4 Expansion of trade transparency units
In general— The Secretary of Homeland Security, in consultation with the Secretary of State and the Secretary of the Treasury, shall seek to improve—
the regional sharing of data among trade transparency units with respect to operations against malign actors among covered countries with trade transparency units and the United States; and
cooperation with the Drug Enforcement Administration, the Federal Bureau of Investigation, and other Federal agencies with respect to trade transparency units.
Briefing required— Not later than 120 days after date of the enactment of this Act, the Secretary of Homeland Security, in consultation with the Secretary of State and the Secretary of the Treasury, shall brief the appropriate congressional committees on—
the legal restrictions and limitations in each bilateral agreement between the United States and a covered country establishing a trade transparency unit that prevent the Department of Homeland Security and authorities in that country from operating to their fullest extent against malign actors; and
recommendations for legislative action to address those restrictions and limitations.
Sec. 5 Sanctions with respect to senior foreign political figures in Latin America and the Caribbean supporting Hizballah
In general— The President shall impose the sanctions described in section 101(b) of the Hizballah International Financing Prevention Act of 2015 (Public Law 114–102; 50 U.S.C. 1701 note) with respect to each individual on the list required by subsection (b).
List—
In general— Not later than 120 days after the date of the enactment of this Act, the President shall submit to the appropriate congressional committees a list of individuals who are senior foreign political figures in a covered country that the President determines—
have knowingly provided material support to or engaged in a significant transaction with Hizballah; or
meet the criteria for the imposition of sanctions under the Hizballah International Financing Prevention Act of 2015 (Public Law 114–102; 50 U.S.C. 1701 note).
Form— The list required by paragraph (1) shall be submitted in unclassified form but may contain a classified annex.
Sec. 6 Sanctions with respect to foreign persons supporting Hizballah in Latin America and the Caribbean
In general— The President shall impose the sanctions described in section 101(b) of the Hizballah International Financing Prevention Act of 2015 (Public Law 114–102; 50 U.S.C. 1701 note) with respect to each foreign person on the list required by subsection (b).
List—
In general— Not later than 120 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 have knowingly directly or indirectly engaged in significant transactions with or provided material support to Hizballah in a covered country.
Form— The list required by paragraph (1) shall be submitted in unclassified form but may contain a classified annex.
Sec. 7 Waiver; exceptions; penalties
Waiver— The President may waive the imposition of sanctions under section 5 or 6 with respect to a foreign person if the President—
determines that such a waiver is in the national interests of the United States; and
submits to the appropriate congressional committees notice of, and a justification for, the waiver.
Penalties; exception to comply with United Nations Headquarters Agreement; Enforcement— Subsections (b) and (d)(2) of section 105 of the Hizballah International Financing Prevention Act of 2015 (Public Law 114–102; 50 U.S.C. 1701 note) apply with respect to the imposition of sanctions under sections 5 and 6 to the same extent as such subsections apply with respect to the imposition of sanctions under that Act.
Exception Relating to Importation of Goods— The authorities and requirements to impose sanctions under this Act shall not include the authority or requirement to impose sanctions on the importation of goods.
Sec. 8 Regulatory authority
The President shall issue such regulations, licenses, and orders as are necessary to carry out this Act.