[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[S. 3725 Introduced in Senate (IS)]
<DOC>
117th CONGRESS
2d Session
S. 3725
To withdraw normal trade relations treatment from products of countries
that commit acts of aggression in violation of international law
against other countries or territories and to amend the Global
Magnitsky Human Rights Accountability Act to modify the foreign persons
subject to sanctions and to remove the sunset for the imposition of
sanctions.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
March 1, 2022
Mr. Portman (for himself and Mr. Cardin) introduced the following bill;
which was read twice and referred to the Committee on Foreign Relations
_______________________________________________________________________
A BILL
To withdraw normal trade relations treatment from products of countries
that commit acts of aggression in violation of international law
against other countries or territories and to amend the Global
Magnitsky Human Rights Accountability Act to modify the foreign persons
subject to sanctions and to remove the sunset for the imposition of
sanctions.
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 ``No Trading with Invaders Act''.
SEC. 2. WITHDRAWAL OF NORMAL TRADE RELATIONS TREATMENT FOR COUNTRIES OR
TERRITORIES THAT COMMIT ACTS OF AGGRESSION.
(a) Withdrawal of Normal Trade Relations Treatment.--
(1) In general.--Notwithstanding any other provision of
law, effective on the date of the enactment of this Act, if the
President determines that the government of a subject country
or territory has committed an act of aggression in violation of
international law, that the President does not consider to be a
legitimate act of self-defense, against a WTO member, the
President shall deny nondiscriminatory treatment (normal trade
relations) in accordance with paragraph (2) to products of that
country or territory.
(2) Duty rates applicable.--If the President makes a
determination of aggression under paragraph (1) with respect to
a subject country or territory, not later than 15 days after
that determination, the President shall, by proclamation, cause
all products of that country or territory to be dutiable at the
rates set forth in the column 2 rate of duty column of the
Harmonized Tariff Schedule of the United States.
(3) Request by congress for determination.--If the
President receives from a relevant congressional committee a
request to make a determination under paragraph (1) as to
whether the government of a subject country or territory
committed an act of aggression in violation of international
law against a WTO member, the President shall make such a
determination not later than 15 days after receiving the
request.
(4) Determination of non-aggression.--If the President
determines that the government of a subject country or
territory has not committed an act of aggression in violation
of international law against a WTO member, whether pursuant to
a request by a relevant congressional committee under paragraph
(3) or otherwise, the President shall brief each relevant
congressional committee on the justification for such a
determination.
(b) Restoration of Normal Trade Relations Treatment.--
(1) In general.--The President may restore
nondiscriminatory treatment to products of a subject country or
territory with respect to which such treatment has been
withdrawn under subsection (a) on and after the date that is 30
days after the date on which the President certifies to
Congress that--
(A) the subject country or territory has ceased
committing acts of aggression in violation of
international law towards the WTO member that led to
the withdrawal of such treatment and has fully removed
its armed forces or proxy forces from the WTO member;
and
(B) the WTO member has fully regained its
sovereignty and territorial integrity as in existence
in that country before the commencement of the acts of
aggression in violation of international law.
(2) Consultation with congress.--Before making a decision
to restore nondiscriminatory treatment under paragraph (1), the
President shall consult with each relevant congressional
committee to determine whether the conditions of that paragraph
have been satisfied.
(c) Determination of Acts of Aggression.--For purposes of this
section, the President shall consider an act of aggression in violation
of international law by a subject country or territory against a WTO
member to include--
(1) an invasion of the territory of the WTO member by the
armed forces or proxy forces of the subject country or
territory;
(2) the occupation of the territory of the WTO member by
the armed forces or proxy forces of the subject country or
territory; or
(3) any other armed attack by the armed forces or proxy
forces of the subject country or territory on the WTO member.
(d) Definitions.--In this section:
(1) Relevant congressional committee.--The term ``relevant
congressional committee'' means any of the following
committees:
(A) The Committee on Finance, the Committee on
Foreign Relations, or the Committee on Armed Services
of the Senate.
(B) The Committee on Ways and Means, the Committee
on Foreign Affairs, or the Committee on Armed Services
of the House of Representatives.
(2) Sovereignty.--The term ``sovereignty'' means the
international independence of a state, including its right to
regulate its own internal and external affairs without foreign
dictation, such as by conducting free and fair elections.
(3) Subject country or territory.--The term ``subject
country or territory'' means a country or territory that is or
was at any time subject to the provisions of chapter 1 of title
IV of the Trade Act of 1974 (19 U.S.C. 2431 et seq.).
(4) WTO member.--The term ``WTO member'' has the meaning
given that term in section 2 of the Uruguay Round Agreements
Act (19 U.S.C. 3501).
SEC. 3. MODIFICATIONS TO AND REAUTHORIZATION OF SANCTIONS WITH RESPECT
TO HUMAN RIGHTS VIOLATIONS.
(a) Definitions.--Section 1262 of the Global Magnitsky Human Rights
Accountability Act (Subtitle F of title XII of Public Law 114-328; 22
U.S.C. 2656 note) is amended by striking paragraph (2) and inserting
the following:
``(2) Immediate family member.--The term `immediate family
member', with respect to a foreign person, means the spouse,
parent, sibling, or adult child of the person.''.
(b) Sense of Congress.--The Global Magnitsky Human Rights
Accountability Act (Subtitle F of title XII of Public Law 114-328; 22
U.S.C. 2656 note) is amended by inserting after section 1262 the
following new section:
``SEC. 1262A. SENSE OF CONGRESS.
``It is the sense of Congress that the President should establish
and regularize information sharing and sanctions-related decision
making with like-minded governments possessing human rights and anti-
corruption sanctions programs similar in nature to those authorized
under this subtitle.''.
(c) Imposition of Sanctions.--
(1) In general.--Subsection (a) of section 1263 of the
Global Magnitsky Human Rights Accountability Act (Subtitle F of
title XII of Public Law 114-328; 22 U.S.C. 2656 note) is
amended to read as follows:
``(a) In General.--The President may impose the sanctions described
in subsection (b) with respect to--
``(1) any foreign person that the President determines,
based on credible information--
``(A) is responsible for or complicit in, or has
directly or indirectly engaged in, serious human rights
abuse;
``(B) is a current or former government official,
or a person acting for or on behalf of such an
official, who is responsible for or complicit in, or
has directly or indirectly engaged in--
``(i) corruption, including--
``(I) the misappropriation of state
assets;
``(II) the expropriation of private
assets for personal gain;
``(III) corruption related to
government contracts or the extraction
of natural resources; or
``(IV) bribery; or
``(ii) the transfer or facilitation of the
transfer of the proceeds of corruption;
``(C) is or has been a leader or official of--
``(i) an entity, including a government
entity, that has engaged in, or whose members
have engaged in, any of the activities
described in subparagraph (A) or (B) related to
the tenure of the leader or official; or
``(ii) an entity whose property and
interests in property are blocked pursuant to
this section as a result of activities related
to the tenure of the leader or official;
``(D) has materially assisted, sponsored, or
provided financial, material, or technological support
for, or goods or services to or in support of--
``(i) an activity described in subparagraph
(A) or (B) that is conducted by a foreign
person;
``(ii) a person whose property and
interests in property are blocked pursuant to
this section; or
``(iii) an entity, including a government
entity, that has engaged in, or whose members
have engaged in, an activity described in
subparagraph (A) or (B) conducted by a foreign
person; or
``(E) is owned or controlled by, or has acted or
been purported to act for or on behalf of, directly or
indirectly, a person whose property and interests in
property are blocked pursuant to this section; and
``(2) any immediate family member of a person described in
paragraph (1).''.
(2) Consideration of certain information.--Subsection
(c)(2) of such section is amended by inserting ``corruption
and'' after ``monitor''.
(3) Requests by congress.--Subsection (d) of such section
is amended--
(A) in paragraph (1)--
(i) in the matter preceding subparagraph
(A), by striking ``subsection (a)'' and
inserting ``subsection (a)(1)''; and
(ii) in subparagraph (B)(i), by inserting
``or an immediate family member of the
person''; and
(B) in paragraph (2)--
(i) in subparagraph (A)--
(I) in the subparagraph heading, by
striking ``human rights violations''
and inserting ``serious human rights
abuse''; and
(II) by striking ``described in
paragraph (1) or (2) of subsection
(a)'' and inserting ``described in
subsection (a)(1) relating to serious
human rights abuse''; and
(ii) in subparagraph (B)--
(I) in the matter preceding clause
(i), by striking ``described in
paragraph (3) or (4) of subsection
(a)'' and inserting ``described in
subsection (a)(1) relating to
corruption or the transfer or
facilitation of the transfer of the
proceeds of corruption''; and
(II) by striking ``ranking member
of'' and all that follows through the
period at the end and inserting
``ranking member of one of the
appropriate congressional committees''.
(4) Termination of sanctions.--Subsection (g) of such
section is amended, in the matter preceding paragraph (1), by
inserting ``and the immediate family members of that person''
after ``a person''.
(d) Reports to Congress.--Section 1264(a) of the Global Magnitsky
Human Rights Accountability Act (Subtitle F of title XII of Public Law
114-328; 22 U.S.C. 2656 note) is amended--
(1) in paragraph (5), by striking ``; and'' and inserting a
semicolon;
(2) in paragraph (6), by striking the period at the end and
inserting ``; and''; and
(3) by adding at the end the following:
``(7) A description of additional steps taken by the
President through diplomacy, international engagement, and
assistance to foreign or security sectors to address persistent
underlying causes of serious human rights abuse and corruption
in each country in which foreign persons with respect to which
sanctions have been imposed under section 1263 are located.''.
(e) Repeal of Sunset.--Section 1265 of the Global Magnitsky Human
Rights Accountability Act (Subtitle F of title XII of Public Law 114-
328; 22 U.S.C. 2656 note) is repealed.
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