[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[S. 3052 Reported in Senate (RS)]
<DOC>
Calendar No. 455
117th CONGRESS
2d Session
S. 3052
To promote free and fair elections, democracy, political freedoms, and
human rights in Cambodia, and for other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
October 21, 2021
Mr. Markey (for himself, Mr. Rubio, Mr. Durbin, Mr. Tillis, Ms. Warren,
Mrs. Feinstein, Mr. Padilla, Mr. Coons, Mr. Reed, Mr. Whitehouse, Mr.
Leahy, Mr. Van Hollen, Mr. Merkley, Mr. Cardin, Mr. Peters, and Ms.
Collins) introduced the following bill; which was read twice and
referred to the Committee on Foreign Relations
July 21, 2022
Reported by Mr. Menendez, with an amendment
[Strike out all after the enacting clause and insert the part printed
in italic]
_______________________________________________________________________
A BILL
To promote free and fair elections, democracy, political freedoms, and
human rights in Cambodia, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
<DELETED>SECTION 1. SHORT TITLE.</DELETED>
<DELETED> This Act may be cited as the ``Cambodia Democracy and
Human Rights Act of 2021''.</DELETED>
<DELETED>SEC. 2. FINDINGS.</DELETED>
<DELETED> Congress finds the following:</DELETED>
<DELETED> (1) On October 23, 1991, Cambodia and 18 other
countries signed the Comprehensive Cambodian Peace Agreement
(commonly referred to as the ``Paris Peace Agreements''), which
committed Cambodia to a democratic system of governance
protected by a constitution and free and fair elections and
stated that the people of Cambodia ``shall enjoy the rights and
freedoms embodied in the Universal Declaration of Human Rights
and other relevant international human rights
instruments''.</DELETED>
<DELETED> (2) Prime Minister Hun Sen has been in power in
Cambodia since 1984 and is the longest-serving leader in
Southeast Asia. Despite decades of international attention and
assistance to promote a pluralistic, multi-party democratic
system in Cambodia, the Government of Cambodia continues to be
undemocratically dominated by the ruling Cambodian People's
Party.</DELETED>
<DELETED> (3) In 2015, the Cambodian People's Party-
controlled National Assembly adopted the Law on Associations
and Non-Governmental Organizations, which gave the Government
of Cambodia sweeping powers to revoke the registration of
nongovernmental organizations in the name of ``national
unity'', and which the government has used to restrict the
legitimate work of civil society.</DELETED>
<DELETED> (4) On August 23, 2017, Cambodia's Ministry of
Foreign Affairs ordered the closure of the National Democratic
Institute office in Cambodia and the expulsion of its foreign
staff. On September 15, 2017, Prime Minister Hun Sen called for
the withdrawal of all volunteers from the United States Peace
Corps, which has operated in Cambodia since 2006 with
approximately 500 United States volunteers providing English
language and healthcare training.</DELETED>
<DELETED> (5) The Government of Cambodia has taken several
measures to restrict its media environment, especially through
politicized tax investigations against independent media
outlets that resulted in the closure of The Cambodia Daily and
Radio Free Asia in early September 2017. Additionally, the
Government of Cambodia has ordered several radio stations to
stop the broadcasting of Radio Free Asia and Voice of America
programming.</DELETED>
<DELETED> (6) Cambodia's small number of independent trade
unions and workers have the right to strike, but many face
retribution for doing so, according to Freedom House.</DELETED>
<DELETED> (7) Each of the 6 elections that have taken place
in Cambodia since 1991 was conducted in circumstances that were
not free and fair, and were marked, to varying degrees, by
fraud, intimidation, violence, and the misuse by the Government
of Cambodia of legal mechanisms to weaken opposition candidates
and parties. The 2017 local elections were marked by fewer
reported irregularities, however, which helped the opposition
Cambodia National Rescue Party (in this section referred to as
the ``CNRP''). Hun Sen responded to those improvements in
elections, resulting in part from international assistance and
observers, by banning the CNRP, the primary opposition party,
on November 16, 2017.</DELETED>
<DELETED> (8) On September 3, 2017, Kem Sokha, the President
of the CNRP, was arrested on politically motivated charges,
including treason and conspiring to overthrow the Government of
Cambodia. While he was released on bail, he faces up to 30
years in prison. His trial has been delayed due to the
coronavirus disease 2019 (commonly known as ``COVID-19'')
pandemic and will likely not resume in 2021.</DELETED>
<DELETED> (9) In the most recent general election in July
2018, following the dissolution of the CNRP, the Cambodian
People's Party secured every parliamentary seat, an electoral
victory that the White House Press Secretary stated was
``neither free nor fair and failed to represent the will of the
Cambodian people''.</DELETED>
<DELETED> (10) The widespread crackdown by the Government of
Cambodia on the political opposition and other independent
voices has caused many CNRP leaders to flee abroad. According
to Human Rights Watch, on March 12, 2019, a court criminally
charged and issued arrest warrants for 8 leading members of the
CNRP, including former CNRP leader Sam Rainsy, who had left
Cambodia ahead of the July 2018 election, as well as Mu Sochua,
Ou Chanrith, Eng Chhai Eang, Men Sothavarin, Long Ry, Tob Van
Chan, and Ho Vann.</DELETED>
<DELETED> (11) The Government of Cambodia has arrested many
opposition party members and democracy activists who remained
in Cambodia. More than 80 opposition party supporters and
activists were arrested in 2019 and were released on bail with
charges still pending and could face re-arrest any
time.</DELETED>
<DELETED> (12) In November 2019, Sam Rainsy made a failed
attempt to return to Cambodia to partake in mass pro-democracy
protests. Approximately 150 CNRP activists were put on trial in
2020 and 2021 for treason for calling for his return.</DELETED>
<DELETED> (13) In March 2021, a Cambodian court convicted
and sentenced Sam Rainsy in absentia to 25 years in prison and
8 other opposition figures living in exile, including Rainsy's
wife Tioulong Saumura, as well as Mu Sochua, Eng Chhay Eang,
Men Sothavarin, Ou Chanrith, Ho Vann, Long Ry, and Nuth
Romduol, to between 20 and 22 years.</DELETED>
<DELETED> (14) Prime Minister Hun Sen has used the COVID-19
pandemic as justification to further consolidate power and the
Cambodia People's Party-controlled National Assembly passed new
laws to further curtail the rights to freedom of expression,
peaceful assembly, and association.</DELETED>
<DELETED> (15) According to Human Rights Watch, under the
guise of the pandemic, authorities--</DELETED>
<DELETED> (A) banned protests organized by youth and
environmental activists;</DELETED>
<DELETED> (B) detained and interrogated at least 30
people for Facebook posts related to the pandemic;
and</DELETED>
<DELETED> (C) charged one journalist for pandemic-
related reporting.</DELETED>
<DELETED> (16) According to Freedom House, Hun Sen uses the
police and armed forces as instruments of repression. The
military has stood firmly behind Hun Sen and his crackdown on
opposition groups and Hun Sen has built a personal bodyguard
unit in the armed forces that he reportedly uses to harass and
abuse Cambodian People's Party opponents.</DELETED>
<DELETED> (17) In August 2020, 14 youth and environmental
activists were detained by Cambodian authorities. In May 2021,
3 environmental activists were convicted on charges of
``incitement to commit a felony or disturb social order'',
related to peaceful protests against authorities. In June 2021,
a Cambodian court charged 3 environmental activists with
``plotting against the government and insulting the king''. The
2020 Country Reports on Human Rights Practices of the
Department of State reported ``at least 40 political prisoners
or detainees'' in Cambodia.</DELETED>
<DELETED> (18) In 2019, the Wall Street Journal reported
that Cambodia had signed a deal with the Government of the
People's Republic of China to allow that Government access to
and use of the Ream Naval Base on the Gulf of Thailand, which
would violate the Constitution of Cambodia, which prohibits the
establishment of foreign military bases.</DELETED>
<DELETED> (19) In 2019, the New York Times reported that a
company described by the Department of the Treasury as being a
state-owned company of the People's Republic of China had
secured a 99-year lease to build an airport capable of
supporting military aircraft at Dara Sakor, raising concerns
that Beijing intends to use this dual-use facility for its
military, which would violate the Constitution of
Cambodia.</DELETED>
<DELETED> (20) In section 401 of the Asia Reassurance
Initiative Act of 2018 (Public Law 115-409; 132 Stat. 5407),
Congress expressed serious concerns with the rule of law and
civil liberties in Cambodia and made the finding that the
promotion of human rights and respect for democratic values in
the Indo-Pacific region is in the United States national
security interest.</DELETED>
<DELETED> (21) The 2020 Country Reports on Human Rights
Practices of the Department of State stated, of Cambodia,
``Corruption was endemic throughout society and government.
There were reports police, prosecutors, investigating judges,
and presiding judges took bribes from owners of both legal and
illegal businesses. Citizens frequently and publicly complained
about corruption. Meager salaries contributed to `survival
corruption' among low-level public servants, while a culture of
impunity enabled corruption to flourish among senior
officials.''.</DELETED>
<DELETED> (22) Section 7043(b) of the Department of State,
Foreign Operations, and Related Programs Appropriations Act,
2018 (division K of Public Law 115-141; 132 Stat. 918) and
section 201(f) of the Asia Reassurance Initiative Act of 2018
(Public Law 115-409; 132 Stat. 5392) restrict assistance to
Cambodia until the Government of Cambodia takes effective steps
to--</DELETED>
<DELETED> (A) strengthen regional security and
stability, particularly regarding territorial disputes
in the South China Sea and the enforcement of
international sanctions with respect to North Korea;
and</DELETED>
<DELETED> (B) respect the rights and
responsibilities enshrined in the Constitution of the
Kingdom of Cambodia as enacted in 1993, including
through the--</DELETED>
<DELETED> (i) restoration of the civil and
political rights of the opposition Cambodia
National Rescue Party, media, and civil society
organizations;</DELETED>
<DELETED> (ii) restoration of all elected
officials to their elected offices;
and</DELETED>
<DELETED> (iii) release of all political
prisoners, including journalists, civil society
activists, and members of the opposition
political party.</DELETED>
<DELETED> (23) On December 9, 2019, the Department of the
Treasury imposed sanctions under the Global Magnitsky Human
Rights Accountability Act (subtitle F of title XII of Public
Law 114-328; 22 U.S.C. 2656 note) with respect to certain
corrupt Cambodian actors and their networks.</DELETED>
<DELETED> (24) In February 2019, the European Union began
intense scrutiny of Cambodia's eligibility to for preferential
trade access in light of the deterioration of democracy, the
rule of law, and the protection of human rights in Cambodia. In
February 2020, the European Union, Cambodia's largest export
market, partially suspended trade preferences for Cambodia
under its ``Everything but Arms'' trade program, in response to
Cambodia's violations of civil and political rights.</DELETED>
<DELETED>SEC. 3. SENSE OF CONGRESS.</DELETED>
<DELETED> It is the sense of Congress that--</DELETED>
<DELETED> (1) the United States is committed to promoting
democracy, human rights, and the rule of law in Cambodia, as
laid out in the 1991 Paris Peace Agreements;</DELETED>
<DELETED> (2) the United States Government, through
diplomacy and assistance, must urge the Government of Cambodia
to--</DELETED>
<DELETED> (A) release all political
prisoners;</DELETED>
<DELETED> (B) drop all politically motivated charges
and vacate convictions against members of the Cambodia
National Rescue Party, journalists, and civil society
activists; and</DELETED>
<DELETED> (C) restore full political rights to the
Cambodia National Rescue Party and other political
parties;</DELETED>
<DELETED> (3) the United States Government should urge the
Government of Cambodia--</DELETED>
<DELETED> (A) to reverse the policies and actions
that have resulted in the dismantling of democracy, the
blatant disregard of fundamental human rights, and the
breakdown of rule of law in Cambodia;</DELETED>
<DELETED> (B) to immediately discontinue the
imprisonment and judicial harassment of journalists,
political dissidents, and activists, and drop
politically motivated charges;</DELETED>
<DELETED> (C) to halt the threat of mass arrests and
violence if and when Cambodia National Rescue Party
members currently overseas return to
Cambodia;</DELETED>
<DELETED> (D) to reinstate the political status of
the Cambodia National Rescue Party and other opposition
parties, restore the Cambodia National Rescue Party's
elected seats in the National Assembly, and support
electoral reform efforts in Cambodia with free and fair
elections monitored by international
observers;</DELETED>
<DELETED> (E) to ensure that media outlets are able
to operate freely and without interference, including
having the ability to apply for and receive licenses to
operate within Cambodia; and</DELETED>
<DELETED> (F) to consider how allowing the People's
Liberation Army to conduct activities, gain access, or
establish a presence in Cambodia would harm Cambodia's
relationships with its neighbors, partners, and allies,
and violate the Constitution of Cambodia;</DELETED>
<DELETED> (4) Prime Minister Hun Sen is directly
responsible, and should be held accountable, for the safety,
health, and welfare of exiled Cambodia National Rescue Party
leaders and their supporters upon their return to
Cambodia;</DELETED>
<DELETED> (5) other governments throughout the Indo-Pacific
region should--</DELETED>
<DELETED> (A) urge the Government of Cambodia to
allow the peaceful return of exiled Cambodia National
Rescue Party leaders and their supporters;
and</DELETED>
<DELETED> (B) refrain from illegally restricting the
rights of Cambodia National Rescue Party members to
travel to and through their countries as they return;
and</DELETED>
<DELETED> (6) in the absence of systemic democratic reforms
on the part of the Government of Cambodia, there is need for
additional United States Government measures, including through
legislation and executive action.</DELETED>
<DELETED>SEC. 4. SANCTIONS RELATING TO UNDERMINING DEMOCRACY IN
CAMBODIA.</DELETED>
<DELETED> (a) Identification of Persons Responsible for Undermining
Democracy in Cambodia.--</DELETED>
<DELETED> (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--
</DELETED>
<DELETED> (A) each foreign person, including any
senior official of the Government, military, or
security forces of Cambodia, who the President
determines has, on or after such date of enactment--
</DELETED>
<DELETED> (i) directly and substantially
undermined democracy in Cambodia, including
through the use of baseless legal charges,
malicious prosecution, or mass
trials;</DELETED>
<DELETED> (ii) committed or directed serious
human rights violations associated with
undermining democracy in Cambodia; or</DELETED>
<DELETED> (iii) engaged in or directed acts
of significant corruption, including the
expropriation of private or public assets for
personal gain, corruption related to government
contracts or the extraction of natural
resources, bribery, or the facilitation or
transfer of the proceeds of corruption to
foreign jurisdictions; and</DELETED>
<DELETED> (B) each foreign person owned or
controlled by an official described in subparagraph
(A).</DELETED>
<DELETED> (2) Updates.--The President shall submit to the
appropriate congressional committees updated lists under
paragraph (1) as new information becomes available.</DELETED>
<DELETED> (b) Imposition of Sanctions.--The President shall impose
the following sanctions with respect to each foreign person on the list
required by subsection (a):</DELETED>
<DELETED> (1) Asset blocking.--The President shall exercise
all of the powers granted to the President under 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.</DELETED>
<DELETED> (2) Aliens inadmissible for visas, admission, or
parole.--</DELETED>
<DELETED> (A) Visas, admission, or parole.--In the
case of an individual, that individual is--</DELETED>
<DELETED> (i) inadmissible to the United
States;</DELETED>
<DELETED> (ii) ineligible to receive a visa
or other documentation to enter the United
States; and</DELETED>
<DELETED> (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.).</DELETED>
<DELETED> (B) Current visas revoked.--</DELETED>
<DELETED> (i) In general.--The visa or other
entry documentation of the individual shall be
revoked, regardless of when such visa or other
entry documentation is or was issued.</DELETED>
<DELETED> (ii) Immediate effect.--A
revocation under clause (i) shall--</DELETED>
<DELETED> (I) take effect
immediately; and</DELETED>
<DELETED> (II) automatically cancel
any other valid visa or entry
documentation that is in the
individual's possession.</DELETED>
<DELETED> (c) Exceptions.--</DELETED>
<DELETED> (1) Exception relating to importation of goods.--
</DELETED>
<DELETED> (A) In general.--The authorities and
requirements to impose sanctions authorized under
subsection (b)(1) shall not include the authority or
requirement to impose sanctions on the importation of
goods.</DELETED>
<DELETED> (B) Good defined.--In this paragraph, the
term ``good'' means any article, natural or manmade
substance, material, supply or manufactured product,
including inspection and test equipment, and excluding
technical data.</DELETED>
<DELETED> (2) Exception to comply with international
obligations.--Sanctions under subsection (b)(2) shall not apply
with respect to a foreign person if admitting or paroling the
person 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.</DELETED>
<DELETED> (d) Waiver.--The President may waive the application of
sanctions under subsection (b) with respect to a foreign person on the
list required by subsection (a) if the President determines and
certifies to the appropriate congressional committees that such a
waiver is in the national interest of the United States.</DELETED>
<DELETED> (e) Suspension of Sanctions.--</DELETED>
<DELETED> (1) Suspension.--The requirement to impose
sanctions under this section may be suspended for an initial
period of not more than one year if the President determines
and certifies to the appropriate congressional committees that
Cambodia is making meaningful progress toward the
following:</DELETED>
<DELETED> (A) Ending government efforts to undermine
democracy.</DELETED>
<DELETED> (B) Ending human rights violations
associated with undermining democracy.</DELETED>
<DELETED> (C) Releasing all political
prisoners.</DELETED>
<DELETED> (D) Dropping all politically motivated
charges and vacating convictions from any such charges
against members of the Cambodia National Rescue Party,
journalists, and civil society activists.</DELETED>
<DELETED> (E) Conducting free and fair elections
that allow for the active participation of credible
opposition candidates.</DELETED>
<DELETED> (2) Renewal of suspension.--The suspension of
sanctions under paragraph (1) may be renewed for additional,
consecutive one-year periods if the President determines and
certifies to the appropriate congressional committees that
Cambodia continued to make meaningful progress toward
satisfying the conditions described in that paragraph during
the year preceding the certification.</DELETED>
<DELETED> (f) Implementation; Penalties.--</DELETED>
<DELETED> (1) Implementation.--The President may exercise
all authorities provided under sections 203 and 205 of the
International Emergency Economic Powers Act (50 U.S.C. 1702 and
1704) to carry out this section.</DELETED>
<DELETED> (2) Penalties.--A person that violates, attempts
to violate, conspires to violate, or causes a violation of
subsection (b)(1) or any regulation, license, or order issued
to carry out that subsection 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.</DELETED>
<DELETED> (g) Sunset.--This section shall terminate on the date that
is 5 years after the date of the enactment of this Act.</DELETED>
<DELETED>SEC. 5. REPORT ON ACTIVITY OF THE PEOPLE'S LIBERATION ARMY AND
GOVERNMENT OF THE PEOPLE'S REPUBLIC OF CHINA IN
CAMBODIA.</DELETED>
<DELETED> Not later than 180 days after the date of the enactment of
this Act, the President shall submit to the appropriate congressional
committees a report assessing--</DELETED>
<DELETED> (1) the involvement of the Government of the
People's Republic of China or the People's Liberation Army in
upgrading existing facilities or constructing new facilities at
Ream Naval Base and Dara Sakor Airport in Cambodia;</DELETED>
<DELETED> (2) any actual or projected benefits, including
any enhancement of the power projection capabilities of the
People's Liberation Army, that the Government of the People's
Republic of China or the People's Liberation Army may accrue as
a result of such upgrades or construction;</DELETED>
<DELETED> (3) the impact that the presence of the People's
Liberation Army in Cambodia may have on the interests, allies,
and partners of the United States in the region;</DELETED>
<DELETED> (4) any efforts undertaken by the United States
Government to convey to the Government of Cambodia the concerns
relating to the presence of the People's Liberation Army and
the Government of the People's Republic of China in Cambodia
and the impact that presence could have on adherence to the
Constitution of Cambodia; and</DELETED>
<DELETED> (5) the impact the presence of the People's
Liberation Army in Cambodia, as well as closer government-to-
government ties between Cambodia and the Government of the
People's Republic of China, including through investments under
the Belt and Road Initiative, has had on the deterioration of
democracy and human rights inside Cambodia.</DELETED>
<DELETED>SEC. 6. DEFINITIONS.</DELETED>
<DELETED> In this Act:</DELETED>
<DELETED> (1) Appropriate congressional committees.--The
term ``appropriate congressional committees'' means--</DELETED>
<DELETED> (A) the Committee on Foreign Relations and
the Committee on Banking, Housing, and Urban Affairs of
the Senate; and</DELETED>
<DELETED> (B) the Committee on Foreign Affairs and
the Committee on Financial Services of the House of
Representatives.</DELETED>
<DELETED> (2) Foreign person.--The term ``foreign person''
means a person that is not a United States person.</DELETED>
<DELETED> (3) People's liberation army.--The term ``People's
Liberation Army'' means the armed forces of the People's
Republic of China.</DELETED>
<DELETED> (4) Person.--</DELETED>
<DELETED> (A) In general.--The term ``person''
means--</DELETED>
<DELETED> (i) a natural person; or</DELETED>
<DELETED> (ii) a corporation, business
association, partnership, society, trust,
financial institution, insurer, underwriter,
guarantor, and any other business organization,
any other nongovernmental entity, organization,
or group, and any governmental entity operating
as a business enterprise or any successor to
any entity described in this clause.</DELETED>
<DELETED> (B) Application to governmental
entities.--The term ``person'' does not include a
government or governmental entity that is not operating
as a business enterprise.</DELETED>
<DELETED> (5) United states person.--The term ``United
States person'' means--</DELETED>
<DELETED> (A) a United States citizen or an alien
lawfully admitted for permanent residence to the United
States; or</DELETED>
<DELETED> (B) an entity organized under the laws of
the United States or of any jurisdiction of the United
States, including a foreign branch of such an
entity.</DELETED>
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Cambodia Democracy and Human Rights
Act of 2022''.
SEC. 2. FINDINGS.
Congress finds the following:
(1) On October 23, 1991, Cambodia and 18 other countries
signed the Comprehensive Cambodian Peace Agreement (commonly
referred to as the ``Paris Peace Agreements''), which committed
Cambodia to a democratic system of governance protected by a
constitution and free and fair elections and stated that the
people of Cambodia ``shall enjoy the rights and freedoms
embodied in the Universal Declaration of Human Rights and other
relevant international human rights instruments''.
(2) Prime Minister Hun Sen has been in power in Cambodia
since 1984 and is the longest-serving leader in Southeast Asia.
Despite decades of international attention and assistance to
promote a pluralistic, multi-party democratic system in
Cambodia, the Government of Cambodia continues to be
undemocratically dominated by the ruling Cambodian People's
Party.
(3) In 2015, the Cambodian People's Party-controlled
National Assembly adopted the Law on Associations and Non-
Governmental Organizations, which gave the Government of
Cambodia sweeping powers to revoke the registration of
nongovernmental organizations in the name of ``national
unity'', and which the government has used to restrict the
legitimate work of civil society.
(4) On August 23, 2017, Cambodia's Ministry of Foreign
Affairs ordered the closure of the National Democratic
Institute office in Cambodia and the expulsion of its foreign
staff. On September 15, 2017, Prime Minister Hun Sen called for
the withdrawal of all volunteers from the United States Peace
Corps, which has operated in Cambodia since 2006 with
approximately 500 United States volunteers providing English
language and healthcare training.
(5) The Government of Cambodia has taken several measures
to restrict its media environment, especially through
politicized tax investigations against independent media
outlets that resulted in the closure of The Cambodia Daily and
Radio Free Asia in early September 2017. Additionally, the
Government of Cambodia has ordered several radio stations to
stop the broadcasting of Radio Free Asia and Voice of America
programming.
(6) Cambodia's small number of independent trade unions and
workers have the right to strike, but many face retribution for
doing so, according to Freedom House.
(7) Each of the 6 elections that have taken place in
Cambodia since 1991 was conducted in circumstances that were
not free and fair, and were marked, to varying degrees, by
fraud, intimidation, violence, and the misuse by the Government
of Cambodia of legal mechanisms to weaken opposition candidates
and parties. The 2017 local elections were marked by fewer
reported irregularities, however, which helped the opposition
Cambodia National Rescue Party (in this section referred to as
the ``CNRP''). Hun Sen responded to those improvements in
elections, resulting in part from international assistance and
observers, by banning the CNRP, the primary opposition party,
on November 16, 2017.
(8) On September 3, 2017, Kem Sokha, the President of the
CNRP, was arrested on politically motivated charges, including
treason and conspiring to overthrow the Government of Cambodia.
While he was released on bail, he faces up to 30 years in
prison.
(9) In the most recent general election in July 2018,
following the dissolution of the CNRP, the Cambodian People's
Party secured every parliamentary seat, an electoral victory
that the White House Press Secretary stated was ``neither free
nor fair and failed to represent the will of the Cambodian
people''.
(10) The widespread crackdown by the Government of Cambodia
on the political opposition and other independent voices has
caused many CNRP leaders to flee abroad. On March 12, 2019, a
court criminally charged and issued arrest warrants for 8
leading members of the CNRP, including former CNRP leader Sam
Rainsy, who had left Cambodia ahead of the July 2018 election,
as well as Mu Sochua, Ou Chanrith, Eng Chhai Eang, Men
Sothavarin, Long Ry, Tob Van Chan, and Ho Vann.
(11) The Government of Cambodia has arrested many
opposition party members and democracy activists who remained
in Cambodia. More than 80 opposition party supporters and
activists were arrested in 2019 and were released on bail with
charges still pending and could face re-arrest any time.
(12) In November 2019, Sam Rainsy made a failed attempt to
return to Cambodia to partake in mass pro-democracy protests.
Approximately 150 CNRP activists were put on trial in 2020 and
2021 for treason for calling for his return.
(13) In March 2021, a Cambodian court convicted and
sentenced Sam Rainsy in absentia to 25 years in prison and 8
other opposition figures living in exile, including Rainsy's
wife Tioulong Saumura, as well as Mu Sochua, Eng Chhay Eang,
Men Sothavarin, Ou Chanrith, Ho Vann, Long Ry, and Nuth
Romduol, to between 20 and 22 years.
(14) On June 14, 2022, the Government of Cambodia convicted
51 opposition politicians and activists in a mass trial, many
of whom were convicted in abstentia on charges of
``incitement'' and ``conspiracy'' for supporting the
development of democracy in Cambodia. Sentences ranged from 5-
year suspended jail terms to 8 years in prison and serve to
further intimidate potential political opponents of the regime
of Prime Minister Hun Sen.
(15) Prime Minister Hun Sen has used the coronavirus
disease 2019 (commonly known as ``COVID-19'') pandemic as
justification to further consolidate power and the Cambodia
People's Party-controlled National Assembly passed new laws to
further curtail the rights to freedom of expression, peaceful
assembly, and association.
(16) According to Human Rights Watch, under the guise of
the pandemic, authorities--
(A) banned protests organized by youth and
environmental activists;
(B) detained and interrogated at least 30 people
for Facebook posts related to the pandemic; and
(C) charged one journalist for pandemic-related
reporting.
(17) According to Freedom House, Hun Sen uses the police
and armed forces as instruments of repression. The military has
stood firmly behind Hun Sen and his crackdown on opposition
groups and Hun Sen has built a personal bodyguard unit in the
armed forces that he reportedly uses to harass and abuse
Cambodian People's Party opponents.
(18) In August 2020, 14 youth and environmental activists
were detained by Cambodian authorities. In May 2021, 3
environmental activists were convicted on charges of
``incitement to commit a felony or disturb social order'',
related to peaceful protests against authorities. In June 2021,
a Cambodian court charged 3 environmental activists with
``plotting against the government and insulting the king''. The
2020 Country Reports on Human Rights Practices of the
Department of State reported ``at least 40 political prisoners
or detainees'' in Cambodia.
(19) Beginning in December 2021, the Government of Cambodia
has restricted the labor rights of workers protesting working
conditions and illegal dismissals at the NagaWorld Casino,
including using the COVID-19 pandemic as an excuse to limit the
ability of workers to protest. In February 2022, officials of
the Government of Cambodia arrested 6 workers of the casino
after leaving a COVID-19 testing center, claiming that they had
obstructed testing.
(20) In 2019, the Wall Street Journal reported that
Cambodia had signed a deal with the Government of the People's
Republic of China to allow that Government access to and use of
the Ream Naval Base on the Gulf of Thailand, even though the
Constitution of Cambodia prohibits the establishment of foreign
military bases.
(21) In 2019, the New York Times reported that a company
described by the Department of the Treasury as being a state-
owned company of the People's Republic of China had secured a
99-year lease to build an airport capable of supporting
military aircraft at Dara Sakor, raising concerns that Beijing
intends to use this dual-use facility for its military, despite
the prohibition against the establishment of foreign military
bases in the Constitution of Cambodia.
(22) In section 401 of the Asia Reassurance Initiative Act
of 2018 (Public Law 115-409; 132 Stat. 5407), Congress
expressed serious concerns with the rule of law and civil
liberties in Cambodia and made the finding that the promotion
of human rights and respect for democratic values in the Indo-
Pacific region is in the United States national security
interest.
(23) The 2020 Country Reports on Human Rights Practices of
the Department of State stated, of Cambodia, ``Corruption was
endemic throughout society and government. There were reports
police, prosecutors, investigating judges, and presiding judges
took bribes from owners of both legal and illegal businesses.
Citizens frequently and publicly complained about corruption.
Meager salaries contributed to `survival corruption' among low-
level public servants, while a culture of impunity enabled
corruption to flourish among senior officials.''.
(24) Section 7043(b) of the Department of State, Foreign
Operations, and Related Programs Appropriations Act, 2022
(division K of Public Law 117-103; 136 Stat. 645) restricts
assistance to the Government of Cambodia until ``the Secretary
of State certifies and reports to the Committees on
Appropriations that such Government is taking effective steps
to--
``(i) strengthen regional security and stability,
particularly regarding territorial disputes in the
South China Sea and the enforcement of international
sanctions with respect to North Korea;
``(ii) assert its sovereignty against interference
by the People's Republic of China, including by
verifiably maintaining the neutrality of Ream Naval
Base, other military installations in Cambodia, and
dual use facilities such as the Dara Sakor development
project;
``(iii) cease violence, threats, and harassment
against civil society and the political opposition in
Cambodia, and dismiss any politically motivated
criminal charges against critics of the government; and
``(iv) respect the rights, freedoms, and
responsibilities enshrined in the Constitution of the
Kingdom of Cambodia as enacted in 1993.''.
(25) Section 201(f) of the Asia Reassurance Initiative Act
of 2018 (Public Law 115-409; 132 Stat. 5392) restricts
assistance to Cambodia until the Government of Cambodia takes
effective steps to--
(A) strengthen regional security and stability,
particularly regarding territorial disputes in the
South China Sea and the enforcement of international
sanctions with respect to North Korea; and
(B) respect the rights and responsibilities
enshrined in the Constitution of the Kingdom of
Cambodia as enacted in 1993, including through the--
(i) restoration of the civil and political
rights of the opposition Cambodia National
Rescue Party, media, and civil society
organizations;
(ii) restoration of all elected officials
to their elected offices; and
(iii) release of all political prisoners,
including journalists, civil society activists,
and members of the opposition political party.
(26) On December 9, 2019, the Department of the Treasury
imposed sanctions under the Global Magnitsky Human Rights
Accountability Act (22 U.S.C. 10101 et seq.) with respect to
certain corrupt Cambodian actors and their networks.
(27) In February 2019, the European Union began intense
scrutiny of Cambodia's eligibility to for preferential trade
access in light of the deterioration of democracy, the rule of
law, and the protection of human rights in Cambodia. In
February 2020, the European Union, Cambodia's largest export
market, partially suspended trade preferences for Cambodia
under its ``Everything but Arms'' trade program, in response to
Cambodia's violations of civil and political rights.
(28) In 2021, the Joint Vietnamese Friendship building, a
facility built by the Government of Vietnam, was relocated off
the Ream Naval Base, reportedly to avert conflicts with
military personnel of the People's Republic of China.
(29) In 2022, the governments of the People's Republic of
China and Cambodia held a groundbreaking ceremony for a new
upgrade to the Ream Naval Base, which, according to the
Washington Post, would allow the People's Liberation Army to
have ``exclusive use of the northern portion of the base, while
their presence would remain concealed''.
(30) On June 8, 2022, in the groundbreaking ceremony for
constructing new facilities of the Ream Naval Base, the
Ambassador of the People's Republic of China to Cambodia, Wang
Wentian, declared that the base would be a monument to ``the
ironclad friendship and cooperation between the two
militaries'' of the People's Republic of China and Cambodia.
SEC. 3. SENSE OF CONGRESS.
It is the sense of Congress that--
(1) the United States is committed to promoting democracy,
human rights, and the rule of law in Cambodia, as laid out in
the 1991 Paris Peace Agreements;
(2) the United States Government, through diplomacy and
assistance, should urge the Government of Cambodia to--
(A) release all political prisoners;
(B) drop all politically motivated charges and
vacate convictions against members of the Cambodia
National Rescue Party, journalists, and civil society
activists; and
(C) restore full political rights to the Cambodia
National Rescue Party and other political parties;
(3) the United States Government should urge the Government
of Cambodia--
(A) to reverse the policies and actions that have
resulted in the dismantling of democracy, the blatant
disregard of fundamental human rights, and the
breakdown of rule of law in Cambodia;
(B) to immediately discontinue the imprisonment and
judicial harassment of journalists, political
dissidents, and activists, and drop politically
motivated charges;
(C) to stop arrests and intimidation of civil
society members, including human rights activists,
environmental defenders, and labor leaders, and promote
a flourishing civil society that supports the political
and economic development of Cambodia;
(D) to halt the threat of mass arrests and violence
if and when Cambodia National Rescue Party members
currently overseas return to Cambodia;
(E) to reinstate the political status of the
Cambodia National Rescue Party and other opposition
parties, restore the Cambodia National Rescue Party's
elected seats in the National Assembly, and support
electoral reform efforts in Cambodia with free and fair
elections monitored by international observers;
(F) to ensure that media outlets are able to
operate freely and without interference, including
having the ability to apply for and receive licenses to
operate within Cambodia;
(G) to consider how allowing the People's
Liberation Army to conduct activities, gain access, or
establish a presence in Cambodia would harm Cambodia's
relationships with its neighbors, partners, and allies,
and could violate the Constitution of Cambodia; and
(H) to cease providing support to authoritarian
regimes and undermining democratic activists in the
region, especially through its ties to the Burmese
military that seized power in a coup d'etat on February
1, 2021, and instead play a constructive role in
multilateral organizations like the Association of
Southeast Asian Nations to promote peace and democracy
in the region;
(4) Prime Minister Hun Sen is directly responsible, and
should be held accountable, for the safety, health, and welfare
of exiled Cambodia National Rescue Party leaders and their
supporters upon their return to Cambodia;
(5) other governments throughout the Indo-Pacific region
should--
(A) urge the Government of Cambodia to allow the
peaceful return of exiled Cambodia National Rescue
Party leaders and their supporters;
(B) refrain from illegally restricting the rights
of Cambodia National Rescue Party members to travel to
and through their countries as they return; and
(C) press the Government of Cambodia not to allow
the People's Liberation Army to use Cambodia's military
facilities or establish a presence within Cambodia;
(6) in the absence of systemic democratic reforms on the
part of the Government of Cambodia, there is need for
additional measures by the United States Government, including
through the enactment of legislation and executive action; and
(7) the presence of the People's Liberation Army will
further enable Prime Minister Hun Sen's authoritarian
crackdown, including oppression of opposition parties,
independent civil society, and free media in Cambodia.
SEC. 4. SANCTIONS RELATING TO UNDERMINING DEMOCRACY IN CAMBODIA.
(a) Identification of Persons Responsible for Undermining Democracy
in Cambodia.--
(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--
(A) any current or former official of the
Government of Cambodia or the military or security
forces of Cambodian, or any other foreign person, that
the President determines knowingly--
(i) directly and substantially undermines
democracy in Cambodia;
(ii) engages in or is responsible for
serious human rights abuses;
(iii) engages in or is responsible for
significant corruption associated with
undermining democracy in Cambodia; or
(iv) engages in or supports the
establishment of installations or facilities
that could be used by the People's Liberation
Army or entities tied to the People's
Liberation Army in Cambodia, which could
include persons identified under paragraph (1)
of section 5 in the report required by that
section;
(B) any person that the President determines is
acting for or on behalf of a person described in
subparagraph (A) related to conduct described in that
subparagraph; and
(C) any person that the President determines is
owned or controlled by a person described in
subparagraph (A) and is involved in conduct described
in that subparagraph.
(2) Updates.--The President shall submit to the appropriate
congressional committees updated lists under paragraph (1) as
new information becomes available.
(b) Imposition of Sanctions.--The President shall impose the
following sanctions with respect to each foreign person on the list
required by subsection (a):
(1) Asset blocking.--The President shall exercise all of
the powers granted to the President under 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) Aliens inadmissible for visas, admission, or parole.--
(A) Visas, admission, or parole.--In the case of an
individual, that individual 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.--The visa or other entry
documentation of the individual shall be
revoked in accordance with section 221(i) of
the Immigration and Nationality Act (8 U.S.C.
1201(i)), regardless of when such 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 individual's possession.
(c) Implementation; Penalties.--
(1) Implementation.--The President may exercise all
authorities provided under sections 203 and 205 of the
International Emergency Economic Powers Act (50 U.S.C. 1702 and
1704) to carry out this section.
(2) Penalties.--A person that violates, attempts to
violate, conspires to violate, or causes a violation of
subsection (b)(1) or any regulation, license, or order issued
to carry out that subsection 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.
(d) Exceptions.--
(1) Exception for intelligence and law enforcement
activities.--Sanctions under this section shall not apply with
respect to--
(A) any activity subject to the reporting
requirements under title V of the National Security Act
of 1947 (50 U.S.C. 3091 et seq.); or
(B) any authorized intelligence or law enforcement
activities of the United States.
(2) Exception to comply with international obligations.--
Sanctions under subsection (b)(2) shall not apply with respect
to the admission or parole of an individual if admitting or
paroling the individual 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.
(3) Exception relating to importation of goods.--
(A) In general.--The authorities and requirements
to impose sanctions authorized under subsection (b)(1)
shall not include the authority or requirement to
impose sanctions on the importation of goods.
(B) Good defined.--In this paragraph, the term
``good'' means any article, natural or manmade
substance, material, supply or manufactured product,
including inspection and test equipment, and excluding
technical data.
(e) Waiver.--The President may waive the application of sanctions
under subsection (b) with respect to a foreign person on the list
required by subsection (a) if the President determines and certifies to
the appropriate congressional committees that such a waiver is in the
national interest of the United States.
(f) Suspension of Sanctions.--
(1) Suspension.--The requirement to impose sanctions under
this section may be suspended for an initial period of not more
than one year if the President determines and certifies to the
appropriate congressional committees that Cambodia is making
meaningful progress toward the following:
(A) Ending government efforts to undermine
democracy.
(B) Ending human rights violations associated with
undermining democracy.
(C) Releasing all political prisoners.
(D) Dropping all politically motivated charges and
vacating convictions from any such charges against
members of the Cambodia National Rescue Party,
journalists, and civil society activists.
(E) Conducting free and fair elections that allow
for the active participation of credible opposition
candidates.
(2) Renewal of suspension.--The suspension of sanctions
under paragraph (1) may be renewed for additional, consecutive
one-year periods if the President determines and certifies to
the appropriate congressional committees that Cambodia
continued to make meaningful progress toward satisfying the
conditions described in that paragraph during the year
preceding the certification.
(g) Sunset.--This section shall terminate on the date that is 5
years after the date of the enactment of this Act.
SEC. 5. REPORT ON ACTIVITY OF THE PEOPLE'S LIBERATION ARMY AND
GOVERNMENT OF THE PEOPLE'S REPUBLIC OF CHINA IN CAMBODIA.
(a) In General.--Not later than 180 days after the date of the
enactment of this Act, the President shall submit to the committees
specified in subsection (c) a report assessing--
(1) the involvement of the Government of the People's
Republic of China or the People's Liberation Army in upgrading
existing facilities or constructing new facilities at Ream
Naval Base and Dara Sakor Airport in Cambodia;
(2) any actual or projected benefits, including any
enhancement of the power projection capabilities of the
People's Liberation Army, that the Government of the People's
Republic of China or the People's Liberation Army may accrue as
a result of such upgrades or construction;
(3) the impact that the presence of the People's Liberation
Army in Cambodia may have on the interests, allies, and
partners of the United States in the region;
(4) any efforts undertaken by the United States Government
to convey to the Government of Cambodia the concerns relating
to the presence of the People's Liberation Army and the
Government of the People's Republic of China in Cambodia and
the impact that presence could have on security in the South
China Sea and the Indo-Pacific region more broadly and on
adherence to the Constitution of Cambodia;
(5) the impact the presence of the People's Liberation Army
in Cambodia, as well as closer government-to-government ties
between Cambodia and the Government of the People's Republic of
China, including through investments under the Belt and Road
Initiative, has had on the deterioration of democracy and human
rights inside Cambodia; and
(6) any other ongoing activities by the People's Liberation
Army or any other security services of the Government of the
People's Republic of China in Cambodia.
(b) Form of Report.--The report required by subsection (a) shall be
submitted in unclassified form but may include a classified annex.
(c) Committees Specified.--The committees specified in this
subsection are--
(1) the Committee on Foreign Relations, the Committee on
Armed Services, and the Select Committee on Intelligence of the
Senate; and
(2) the Committee on Foreign Affairs, the Committee on
Armed Services, and the Permanent Select Committee on
Intelligence of the House of Representatives.
SEC. 6. RULE OF CONSTRUCTION.
Nothing in this Act may be construed to limit the authority of the
President to designate persons for the imposition of sanctions pursuant
to an Executive order issued under the International Emergency Economic
Powers Act (50 U.S.C. 1701 et seq.) or otherwise pursuant to that Act.
SEC. 7. DEFINITIONS.
In this Act:
(1) Appropriate congressional committees.--The term
``appropriate congressional committees'' means--
(A) the Committee on Foreign Relations and the
Committee on Banking, Housing, and Urban Affairs of the
Senate; and
(B) the Committee on Foreign Affairs and the
Committee on Financial Services of the House of
Representatives.
(2) Foreign person.--The term ``foreign person'' means a
person that is not a United States person.
(3) 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.
(4) People's liberation army.--The term ``People's
Liberation Army'' means the armed forces of the People's
Republic of China.
(5) Person.--The term ``person'' means an individual or
entity.
(6) 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;
(B) an entity organized under the laws of the
United States or of any jurisdiction of the United
States, including a foreign branch of such an entity;
or
(C) any person in the United States.
Calendar No. 455
117th CONGRESS
2d Session
S. 3052
_______________________________________________________________________
A BILL
To promote free and fair elections, democracy, political freedoms, and
human rights in Cambodia, and for other purposes.
_______________________________________________________________________
July 21, 2022
Reported with an amendment