[Congressional Bills 113th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1687 Introduced in House (IH)]
113th CONGRESS
1st Session
H. R. 1687
To provide for the imposition of sanctions with respect to foreign
persons responsible for or complicit in ordering, controlling, or
otherwise directing, the commission of serious human rights abuses
against citizens of ALBA countries, and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
April 23, 2013
Ms. Ros-Lehtinen (for herself and Mr. Sires) introduced the following
bill; which was referred to the Committee on Foreign Affairs, and in
addition to the Committees on Financial Services, Ways and Means, and
the Judiciary, for a period to be subsequently determined by the
Speaker, in each case for consideration of such provisions as fall
within the jurisdiction of the committee concerned
_______________________________________________________________________
A BILL
To provide for the imposition of sanctions with respect to foreign
persons responsible for or complicit in ordering, controlling, or
otherwise directing, the commission of serious human rights abuses
against citizens of ALBA countries, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Countering ALBA Act of 2013''.
SEC. 2. DEFINITIONS.
In this Act:
(1) Appropriate congressional committees.--The term
``appropriate congressional committees'' means--
(A) the Committee on Foreign Affairs of the House
of Representatives; and
(B) the Committee on Foreign Relations of the
Senate.
(2) ALBA countries.--The term ``ALBA countries'' means
Venezuela, Nicaragua, Bolivia, and Ecuador.
(3) ALBA governments.--The term ``ALBA Governments'' means
the Governments of Venezuela, Nicaragua, Bolivia, and Ecuador.
(4) Human rights.--The term ``human rights'' has the
meaning given such term in the Inter-American Democratic
Charter.
(5) Sensitive technology.--
(A) In general.--The term ``sensitive technology''
means hardware, software, telecommunications equipment,
or any other technology that the President determines
is to be used specifically to--
(i) restrict the free flow of unbiased
information; or
(ii) disrupt, monitor, or otherwise
restrict freedom of speech.
(B) Exception.--The term ``sensitive technology''
does not include information or informational materials
the exportation of which the President does not have
the authority to regulate.
SEC. 3. FINDINGS.
Congress finds the following:
(1) The 2004 Venezuelan Law on Social Responsibility of
Radio and Television gives the government the authority to
control radio and television content.
(2) According to the Department of State's annual Country
Reports on Human Rights Practices for 2012 for Venezuela, ``The
following human rights problems were reported by
nongovernmental organizations (NGOs), the media, and in some
cases the government itself: unlawful killings, including
summary killings by rogue police elements; torture and other
cruel, inhuman, or degrading treatment; inadequate juvenile
detention centers; arbitrary arrests and detentions; corruption
and impunity in police forces; political prisoners;
interference with privacy rights; corruption at all levels of
government; threats against domestic NGOs; violence against
women; anti-Semitism in the official media; trafficking in
persons; violence based on sexual orientation and gender
identity; and restrictions on workers' right of association.''.
(3) In December 2010, the Venezuelan Congress passed the
Law on Political Sovereignty and National Self-Determination,
which threatens sanctions against any ``political
organization'' that receives foreign funding or hosts foreign
visitors who criticize the government.
(4) According to Freedom House's Freedom in the World
Report of 2012 on Venezuela, ``Politicization of the judicial
branch has increased under Chavez, and high courts generally do
not rule against the government.''.
(5) According to the Department of State's Country Reports
on Human Rights Practices for 2012 for Venezuela, ``The
principal human rights abuses reported during the year included
corruption, inefficiency, and politicization in the judicial
system; government actions to impede freedom of expression; and
harsh and life-threatening prison conditions. The government
harassed and intimidated privately owned television stations,
other media outlets, and journalists throughout the year, using
threats, fines, property seizures, targeted regulations, and
criminal investigations and prosecutions. The government did
not respect judicial independence or permit judges to act
according to the law without fear of retaliation. The
government used the judiciary to intimidate and selectively
prosecute political, union, business, and civil society leaders
who were critical of government policies or actions. Failure to
provide for due process rights, physical safety, and humane
conditions for inmates contributed to widespread violence,
riots, injuries, and deaths in prisons.''.
(6) According to Freedom House's Freedom in the World
Report of 2012 on Nicaragua, ``The press has faced increased
political and judicial harassment since 2007, as the Ortega
administration engages in systematic efforts to obstruct and
discredit media critics. Journalists have received death
threats, and some have been killed in recent years, with a
number of attacks attributed to FSLN sympathizers.''.
(7) According to Freedom House's Freedom in the World
Report of 2012 on Nicaragua, ``Nicaragua's political rights
rating declined from 4 to 5 due to shortcomings regarding the
constitutionality of Daniel Ortega's presidential candidacy,
reported irregularities, and the absence of transparency
throughout the electoral process, and the Supreme electoral
Tribunal's apparent lack of neutrality.''.
(8) According to the Department of State's annual Country
Reports on Human Rights Practices for 2012 for Nicaragua, ``The
principal human rights abuses were restrictions on citizens'
right to vote, including significantly biased policies to
promote single party dominance, and withholding of
accreditation from election-monitoring nongovernmental
organizations (NGOs); widespread corruption, including in the
police, CSE, Supreme Court of Justice (CSJ), and other
government organs; and societal violence, particularly against
women and lesbian, gay, bisexual, and transgender (LGBT)
persons. Additional significant human rights abuses included
police abuse of suspects during arrest and detention; harsh and
life-threatening prison conditions; arbitrary and lengthy
pretrial detention; erosion of freedom of speech and press,
including government intimidation and harassment of journalists
and independent media; government harassment and intimidation
of NGOs; trafficking in persons; discrimination against ethnic
minorities and indigenous persons and communities; societal
discrimination against persons with disabilities;
discrimination against persons with HIV/AIDS; and violations of
trade union rights.''.
(9) According to Freedom House's Freedom in the World
Report of 2012 on Ecuador, ``In February 2011, Guayaquil's
leading newspaper, El Universo, published an opinion column
suggesting that Correa could be held accountable in the future
for the use of lethal force during the rescue operation. In
response, Correa lodged a lawsuit against the author and the
owners of the newspaper. All four defendants were found guilty
of aggravated defamation and sentenced in July to three-year
prison sentences and an unprecedented fine of $40 million.
International human rights and press freedom organizations,
along with the Organization of American States (OAS) and the
United Nations, denounced the court decision as a clear effort
to intimidate the press.''.
(10) Freedom House gave Ecuador a ``downward trend arrow''
in 2012 due to ``the government's intensified campaign against
opposition leaders and intimidation of journalists, its
excessive use of public resources to influence a national
referendum, and the unconstitutional restructuring of the
judiciary.''.
(11) According to the Department of State's annual Country
Reports on Human Rights Practices for 2012 for Ecuador, ``The
main human rights abuses were the use of excessive force by
public security forces, restrictions on freedom of speech,
press, and association; and corruption by officials. President
Correa and his administration continued verbal and legal
attacks against the media and used legal mechanisms such as
libel laws and administrative regulations to suppress freedom
of the press. Corruption was widespread, and questions
continued regarding transparency within the judicial sector,
despite attempts at procedural reform. The following human
rights problems continued: isolated unlawful killings, poor
prison conditions, arbitrary arrest and detention, abuses by
security forces, a high number of pretrial detainees, and
delays and denial of due process within the judicial system.
Societal problems continued, including physical aggression
against journalists; violence against women; discrimination
against women, indigenous persons, Afro-Ecuadorians, and
persons based on their sexual orientation; trafficking in
persons and exploitation of minors; and child labor.''.
(12) According to the Department of State's annual Country
Reports on Human Rights Practices for 2012 for Bolivia, ``The
most serious human rights problems included arbitrary arrest or
detention, denial of a fair and timely public trial, and
violence against women. Additional human rights problems
included harsh prison conditions, restrictions on freedom of
speech and press, official corruption in the judiciary and
elsewhere, lack of government transparency, trafficking in
persons, and vigilante justice. Societal discrimination
continued against women; members of racial and ethnic minority
groups; indigenous persons; individuals with disabilities;
lesbian, gay, bisexual and transgender (LGBT) persons; and
those with HIV/AIDS.''.
(13) According to Freedom House's Freedom in the World
Report of 2012 on Bolivia, ``Corruption remains a major problem
in Bolivia, affecting a range of government entities and
economic sectors, including extractive industries.''.
(14) According to Freedom House's Freedom in the World
Report of 2012 on Bolivia, ``In July 2011, Morales signed a new
telecommunications law requiring that state-run media control
33 percent of all broadcast licenses. Press freedom advocates
welcomed the idea of expanding media access to new groups, but
expressed fears that local and indigenous outlets would lack
the financial resources to operate independently and could fall
under government control. The law also allows the government to
access any private communication, including e-mail and
telephone calls, for reasons of `national security' or any
other emergency.''.
(15) Mr. Jacob Ostreicher, who has been detained in the
notorious Palmasola prison in Santa Cruz de la Sierra, Bolivia,
since June 4, 2011, is one of the United States citizens who
currently is enduring multiple, egregious, and continuous
violations of his fundamental due process and human rights
under both local and international law.
SEC. 4. ACTIONS AT THE ORGANIZATION OF AMERICAN STATES.
The Secretary of State shall direct the United States Permanent
Representative to the Organization of American States to use the voice,
vote, and influence of the United States at the Organization of
American States to defend, protect, and strengthen the independent
Inter-American Commission on Human Rights to advance the protection of
human rights throughout the Western Hemisphere.
SEC. 5. IMPOSITION OF SANCTIONS ON CERTAIN PERSONS WHO ARE RESPONSIBLE
FOR OR COMPLICIT IN HUMAN RIGHTS ABUSES COMMITTED AGAINST
CITIZENS OF ALBA COUNTRIES OR THEIR FAMILY MEMBERS AFTER
FEBRUARY 2, 1999.
(a) In General.--The President shall impose sanctions described in
subsection (c) with respect to each person on the list required by
subsection (b).
(b) List of Persons Who Are Responsible for or Complicit in Certain
Human Rights Abuses.--
(1) In general.--Not later than 90 days after the date of
the enactment of this Act, the President shall transmit to the
appropriate congressional committees a list of persons who are
officials of ALBA Governments or persons acting on behalf of
ALBA Governments, who the President determines, based on
credible evidence, are responsible for or complicit in, or
responsible for ordering, controlling, or otherwise directing,
the commission of serious human rights abuses against citizens
of ALBA countries or their family members on or after February
2, 1999.
(2) Updates of list.--The President shall transmit 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
(B) as new information becomes available.
(3) Public availability.--The list required under paragraph
(1) shall be made available to the public and posted on the Web
sites of the Department of the Treasury and the Department of
State.
(4) Consideration of data from other countries and
nongovernmental organizations.--In preparing the list required
under paragraph (1), the President may consider credible data
already obtained by other countries and nongovernmental
organizations, including organizations in ALBA countries, that
monitor the human rights abuses of ALBA Governments.
(c) Sanctions Described.--The sanctions described in this
subsection are ineligibility for a visa to enter the United States and
sanctions pursuant to the International Emergency Economic Powers Act
(50 U.S.C. 1701 et seq.), including blocking of property and
restrictions or prohibitions on financial transactions and the
exportation and importation of property, subject to such regulations as
the President may prescribe, including regulatory exceptions to permit
the United States to comply with the Agreement between the United
Nations and the United States of America regarding the Headquarters of
the United Nations, signed June 26, 1947, and entered into force
November 21, 1947, and other applicable international obligations.
(d) Termination of Sanctions.--The provisions of this section shall
terminate on the date on which the President determines and certifies
to the appropriate congressional committees that the ALBA Governments
have--
(1) unconditionally released all political prisoners;
(2) ceased violence, unlawful detention, torture, and abuse
of its citizens;
(3) conducted a transparent investigation into the
killings, arrests, and abuse of peaceful political activists
and prosecuted the individuals responsible for such killings,
arrests, and abuse; and
(4) made public commitments to, and is making demonstrable
progress toward--
(A) establishing an independent judiciary; and
(B) respecting the human rights and basic freedoms
recognized in the Universal Declaration of Human
Rights.
SEC. 6. IMPOSITION OF SANCTIONS WITH RESPECT TO THE TRANSFER OF GOODS
OR TECHNOLOGIES TO ALBA COUNTRIES THAT ARE LIKELY TO BE
USED TO COMMIT HUMAN RIGHTS ABUSES.
(a) In General.--The President shall impose sanctions described in
section 5(c) with respect to each person on the list required under
subsection (b) of this section.
(b) List.--
(1) In general.--Not later than 90 days after the date of
the enactment of this Act, the President shall transmit to the
appropriate congressional committees a list of persons who the
President determines have knowingly engaged in an activity
described in paragraph (2) on or after such date of enactment.
(2) Activity described.--
(A) In general.--A person engages in an activity
described in this paragraph if the person--
(i) transfers, or facilitates the transfer
of, goods or technologies described in
subparagraph (C) to ALBA countries, any entity
organized under the laws of ALBA countries, or
any national of ALBA countries, for use in or
with respect to ALBA countries; or
(ii) provides services (including services
relating to hardware, software, and specialized
information, and professional consulting,
engineering, and support services) with respect
to goods or technologies described in
subparagraph (C) after such goods or
technologies are transferred to ALBA countries.
(B) Applicability to contracts and other
agreements.--A person engages in an activity described
in subparagraph (A) without regard to whether the
activity is carried out pursuant to a contract or other
agreement entered into before, on, or after the date of
the enactment of this Act.
(C) Goods or technologies described.--Goods or
technologies described in this subparagraph are goods
or technologies that the President determines are
likely to be used by ALBA Governments or any of the
agencies or instrumentalities of ALBA Governments (or
by any other person on behalf of ALBA Governments or
any of such agencies or instrumentalities) to commit
serious human rights abuses against the people of ALBA
countries, including--
(i) firearms or ammunition (as such terms
are defined in section 921 of title 18, United
States Code), rubber bullets, police batons,
pepper or chemical sprays, stun grenades,
electroshock weapons, tear gas, water cannons,
or surveillance technology; or
(ii) sensitive technology.
(3) Special rule to allow for termination of sanctionable
activity.--The President shall not be required to include a
person on the list required under paragraph (1) if the
President certifies in writing to the appropriate congressional
committees that--
(A) the person is no longer engaging in, or has
taken significant verifiable steps toward stopping, the
activity described in paragraph (2) for which the
President would otherwise have included the person on
the list; and
(B) the President has received reliable assurances
that such person will not knowingly engage in any
activity described in such paragraph (2) in the future.
(4) Updates of list.--The President shall transmit 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
(B) as new information becomes available.
(5) Form of list; public availability.--
(A) Form.--The list required under paragraph (1)
shall be submitted in unclassified form but may contain
a classified annex.
(B) Public availability.--The unclassified portion
of the list required under paragraph (1) shall be made
available to the public and posted on the Web sites of
the Department of the Treasury and the Department of
State.
SEC. 7. IMPOSITION OF SANCTIONS WITH RESPECT TO PERSONS WHO ENGAGE IN
CENSORSHIP OR OTHER RELATED ACTIVITIES AGAINST CITIZENS
OF ALBA COUNTRIES.
(a) In General.--The President shall impose sanctions described in
section 5(c) with respect to each person on the list required under
subsection (b) of this section.
(b) List of Persons Who Engage in Censorship.--
(1) In general.--Not later than 90 days after the date of
the enactment of this Act, the President shall transmit to the
appropriate congressional committees a list of persons who the
President determines have, on or after February 2, 1999,
engaged in censorship or other activities with respect to ALBA
countries that--
(A) prohibit, limit, or penalize the exercise of
freedom of expression or assembly by citizens of ALBA
countries; or
(B) limit access to print or broadcast media,
including the facilitation or support of intentional
frequency manipulation by the ALBA Governments or an
entity owned or controlled by ALBA Governments that
would jam or restrict an international signal.
(2) Updates of list.--The President shall transmit 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
(B) as new information becomes available.
(3) Form of list; public availability.--
(A) Form.--The list required under paragraph (1)
shall be submitted in unclassified form but may contain
a classified annex.
(B) Public availability.--The unclassified portion
of the list required under paragraph (1) shall be made
available to the public and posted on the Web sites of
the Department of the Treasury and the Department of
State.
SEC. 8. COMPREHENSIVE STRATEGY TO PROMOTE INTERNET FREEDOM AND ACCESS
TO INFORMATION.
Not later than 90 days after the date of the enactment of this Act,
the Secretary of State, in consultation with the Secretary of the
Treasury and the heads of other Federal departments and agencies, as
appropriate, shall submit to the appropriate congressional committees a
comprehensive strategy to--
(1) assist the people of ALBA countries to produce, access,
and share information freely and safely via the Internet;
(2) increase the capabilities and availability of secure
mobile and other communications through connective technology
among human rights and democracy activists in ALBA countries;
(3) provide resources for digital safety training for media
and academic and civil society organizations in ALBA countries;
(4) increase emergency resources for the most vulnerable
human rights advocates seeking to organize, share information,
and support human rights in ALBA countries;
(5) expand surrogate radio, television, live stream, and
social network communications inside ALBA countries;
(6) expand activities to safely assist and train human
rights, civil society, and democracy activists in ALBA
countries to operate effectively and securely;
(7) expand access to proxy servers for democracy activists
in ALBA countries; and
(8) discourage telecommunications and software companies
from facilitating Internet censorship by ALBA Governments.
SEC. 9. COMPREHENSIVE STRATEGY TO ENSURE THAT ALBA GOVERNMENTS ARE
DEMOCRATIC GOVERNMENTS.
Not later than 90 days after the date of the enactment of this Act,
the Secretary of State shall submit to the appropriate congressional
committees a comprehensive strategy to ensure that ALBA Governments are
democratic governments that--
(1) result from free and fair elections--
(A) conducted under the supervision of
internationally recognized observers; and
(B) in which--
(i) opposition parties were permitted ample
time to organize and campaign for such
elections; and
(ii) all candidates were permitted full
access to the media;
(2) are showing respect for the basic civil liberties and
human rights of the citizens of ALBA countries;
(3) are substantially moving toward a market-oriented
economic systems based on the right to own and enjoy property;
(4) are committed to making constitutional changes that
would ensure regular free and fair elections and the full
enjoyment of basic civil liberties and human rights by the
citizens of ALBA countries; and
(5) have made demonstrable progress in establishing
independent judiciaries and electoral councils.
SEC. 10. STATEMENT OF POLICY ON POLITICAL PRISONERS.
It shall be the policy of the United States--
(1) to support efforts to research and identify prisoners
of conscience and cases of human rights abuses in ALBA
countries;
(2) to offer refugee status or political asylum in the
United States to political dissidents in ALBA countries if
requested and consistent with the laws and national security
interests of the United States;
(3) to offer to assist, through the United Nations High
Commissioner for Refugees, with the relocation of such
political prisoners to other countries if requested, as
appropriate and with appropriate consideration for the national
security interests of the United States; and
(4) to publicly call for the release of ALBA country
dissidents by name and raise awareness with respect to
individual cases of ALBA country dissidents and prisoners of
conscience, as appropriate and if requested by the dissidents
or prisoners themselves or their families.
<all>