[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 5643 Introduced in Senate (IS)]
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118th CONGRESS
2d Session
S. 5643
To impose sanctions with respect to the Government of Turkiye, and for
other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
December 20 (legislative day, December 16), 2024
Mr. Graham (for himself and Mr. Van Hollen) introduced the following
bill; which was read twice and referred to the Committee on Foreign
Relations
_______________________________________________________________________
A BILL
To impose sanctions with respect to the Government of Turkiye, 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; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``Countering Turkish
Aggression Act of 2024''.
(b) Table of Contents.--The table of contents for this Act is as
follows:
Sec. 1. Short title; table of contents.
Sec. 2. Sense of Congress.
Sec. 3. Definitions.
Sec. 4. Imposition of sanctions with respect to the Government of
Turkiye.
Sec. 5. Imposition of sanctions with respect to financial institutions
that facilitate transactions for Turkish
Armed Forces.
Sec. 6. Imposition of sanctions with respect to energy production in
Syria.
Sec. 7. Imposition of CAATSA section 231 sanctions against the
Government of Turkiye.
Sec. 8. Prohibition on United States military assistance to Turkish
Armed Forces.
Sec. 9. Prohibition on purchases of Turkish sovereign debt by United
States persons.
Sec. 10. Exceptions.
Sec. 11. Implementation; penalties.
Sec. 12. Exception to comply with international obligations.
Sec. 13. Termination authority.
SEC. 2. SENSE OF CONGRESS.
It is the sense of Congress that--
(1) the presence of United States troops within Syria is
critical to the safety of the United States and allies and
partners of the United States;
(2) the United States should continue to work with the
Syrian Kurdish communities that have been key partners of the
United States in the ongoing fight against the Islamic State of
Iraq and Syria (commonly known as ``ISIS'');
(3) the Syrian Democratic Forces oversee more than 20
detention facilities in Syria that contain thousands of ISIS
fighters;
(4) attacks on the Syrian Democratic Forces by the
Government of Turkiye or Turkish-backed forces jeopardize
United States interests in the region and risk the reemergence
of ISIS, which would threaten the homeland and allies and
partners of the United States across the globe; and
(5) the United States Government should work, through
diplomatic means, with the Government of Turkiye to help
facilitate a sustained ceasefire and a demilitarized zone along
the border between Turkiye and Syria, particularly the city of
Kobani.
SEC. 3. DEFINITIONS.
In this Act:
(1) Admitted; alien.--The terms ``admitted'' and ``alien''
have the meanings given those terms in section 101 of the
Immigration and Nationality Act (8 U.S.C. 1101).
(2) Financial institution.--The term ``financial
institution'' means a financial institution specified in
subparagraph (A), (B), (C), (D), (E), (F), (G), (H), (I), (J),
(M), or (Y) of section 5312(a)(2) of title 31, United States
Code.
(3) Foreign financial institution.--The term ``foreign
financial institution'' has the meaning given that term in
regulations prescribed by the Secretary of the Treasury.
(4) Foreign person.--The term ``foreign person'' means an
individual or entity that is not a United States person.
(5) 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.
(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;
or
(B) an entity organized under the laws of the
United States or any jurisdiction within the United
States, including a foreign branch of such an entity.
SEC. 4. IMPOSITION OF SANCTIONS WITH RESPECT TO THE GOVERNMENT OF
TURKIYE.
(a) In General.--Not later than 15 days after the date of the
enactment of this Act, and every 90 days thereafter, the President
shall--
(1) impose the sanctions described in subsection (c) with
respect to--
(A) each official of the Government of Turkiye
described in subsection (b);
(B) any foreign person that the President
determines knowingly sells, otherwise provides, or
conducts a transaction to provide, financial, material,
or technological support to the Turkish Armed Forces,
including--
(i) aircraft, aircraft parts, or machinery,
equipment, or services used by the Turkish Air
Force;
(ii) aircraft or automotive machinery,
equipment, or services used by the Turkish Land
Forces;
(iii) vessels, aircraft, equipment, or
services used by the Turkish Navy; and
(iv) defense articles, services,
technology, or materials used by the Turkish
Armed Forces; and
(C) any foreign person that the President
determines knowingly supplies goods, services,
technology, information, or other support that
maintains or supports the production of crude oil,
natural gas, or refined petroleum or natural gas
products, in Turkiye for use by the Turkish Armed
Forces; and
(2) prohibit any United States person from engaging in any
transaction with a person described in paragraph (1).
(b) Officials Described.--An official of the Government of Turkiye
described in this subsection is any of the following:
(1) The President of the Government of Turkiye.
(2) The Vice President of the Government of Turkiye.
(3) The Minister of National Defense of the Government of
Turkiye.
(4) The Minister of Foreign Affairs of the Government of
Turkiye.
(5) The Minister of Treasury and Finance of the Government
of Turkiye.
(6) The Minister of Trade of the Government of Turkiye.
(7) The Minister of Energy and Natural Resources of the
Government of Turkiye.
(8) The Chief of the National Intelligence Organization of
the Government of Turkiye.
(9) Any other official of the Government of Turkiye that
the President determines should be subject to sanctions under
subsection (a).
(c) Sanctions Described.--The sanctions described in this
subsection are the following:
(1) Property blocking.--
(A) In general.--The exercise of all powers granted
to the President by the International Emergency
Economic Powers Act (50 U.S.C. 1701 et seq.) to the
extent necessary to block and prohibit all transactions
in property and interests in property described in
subparagraph (B), 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.
(B) Property described.--The property and interests
in property described in this subparagraph are--
(i) property and interests in property of a
person determined by the President to be
subject to subsection (a)(1); and
(ii) property and interests in property of
any other individual, if a person subject to
subsection (a)(1) transferred the property or
interests in property to the individual after
the date on which the President imposed
sanctions under this section with respect to
the person.
(2) Aliens inadmissible for visas, admission, parole.--
(A) Visas, admission, or parole.--An alien
described in subsection (a)(1) 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 an official specified in
subsection (b) shall be revoked, 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 possession of such official.
SEC. 5. IMPOSITION OF SANCTIONS WITH RESPECT TO FINANCIAL INSTITUTIONS
THAT FACILITATE TRANSACTIONS FOR TURKISH ARMED FORCES.
If the Secretary of the Treasury, in consultation with the
Secretary of State, the Secretary of Defense, and the Director of
National Intelligence, determines that any foreign financial
institution has knowingly facilitated transactions for the Turkish
Armed Forces or defense industry in Turkiye relating to the military
operations of Turkiye in Syria, the President shall, not later than 60
days after that determination--
(1) impose the sanctions described in section 4(c) with
respect to that financial institution; and
(2) prohibit any United States person from engaging in any
transaction with that financial institution.
SEC. 6. IMPOSITION OF SANCTIONS WITH RESPECT TO ENERGY PRODUCTION IN
SYRIA.
On and after the date of the enactment of this Act, the President
shall--
(1) impose the sanctions described in section 4(c) with
respect to any foreign person that the President determines
knowingly sells or provides significant goods, services,
technology, information, or other support that significantly
facilitates the maintenance or expansion of the production of
natural gas, petroleum, or petroleum products in Syria for use
by the Russian Federation, Iran, Turkiye, or Turkish-backed
militias; and
(2) prohibit any United States person from engaging in any
transaction with a person described in paragraph (1).
SEC. 7. IMPOSITION OF CAATSA SECTION 231 SANCTIONS AGAINST THE
GOVERNMENT OF TURKIYE.
(a) Determination.--For the purposes of section 231 of the
Countering America's Adversaries Through Sanctions Act (22 U.S.C.
9525), Turkiye's acquisition of the Russian S-400 air and missile
defense system beginning July 12, 2019, shall be considered to be a
significant transaction described in such section.
(b) Sanctions.--Not later than 30 days after the date of the
enactment of this Act, the President shall impose, under section 231 of
the Countering America's Adversaries Through Sanctions Act (22 U.S.C.
9525), 5 or more sanctions described in section 235 of that Act ( 22
U.S.C. 9529) with respect to the Government of Turkiye, which shall be
in addition to the sanctions imposed with respect to the Government of
Turkiye under such section 231 as of such date of enactment.
SEC. 8. PROHIBITION ON UNITED STATES MILITARY ASSISTANCE TO TURKISH
ARMED FORCES.
(a) Prohibition on Transfers.--The President shall prohibit the
transfer of defense articles and services under section 21 of the Arms
Export Control Act (22 U.S.C. 2761) to the Turkish Armed Forces.
(b) No Use of Emergency Authorities.--The authority of the
President to waive statutory congressional review periods under the
Arms Export Control Act ( 22 U.S.C. 2751 et seq.) in cases in which an
emergency exists shall not apply to the transfer of defense articles or
services to Turkiye.
SEC. 9. PROHIBITION ON PURCHASES OF TURKISH SOVEREIGN DEBT BY UNITED
STATES PERSONS.
The President shall prescribe regulations prohibiting any United
States person from purchasing sovereign debt of the Government of
Turkiye.
SEC. 10. EXCEPTIONS.
(a) Support for People of Turkiye.--This Act shall not apply with
respect to--
(1) the provision of humanitarian assistance (including
medical assistance) to the people of Turkiye; or
(2) efforts to promote democracy in Turkiye, including
through providing election assistance.
(b) Intelligence Activities.--
(1) In general.--This Act shall not apply with respect to
activities subject to the reporting requirements under title V
of the National Security Act of 1947 (50 U.S.C. 3091 et seq.),
or any authorized intelligence activities of the United States.
(2) Requirement.--Activities carried out under the
exception under paragraph (1) may not be carried out in a
manner that provides the Government of Turkiye with targeting
data regarding the location or disposition of Syrian Democratic
Forces.
(c) Exception Relating to Importation of Goods.--
(1) In general.--The authorities and requirements to impose
sanctions authorized under this Act shall not include the
authority or requirement to impose sanctions on the importation
of goods.
(2) Good defined.--In this subsection, the term ``good''
means any article, natural or manmade substance, material,
supply or manufactured product, including inspection and test
equipment, and excluding technical data.
SEC. 11. IMPLEMENTATION; PENALTIES.
(a) Implementation.--The President may exercise all authorities
provided to the President under sections 203 and 205 of the
International Emergency Economic Powers Act (50 U.S.C. 1702 and 1704)
to carry out this Act.
(b) Penalties.--A person that violates, attempts to violate,
conspires to violate, or causes a violation of this Act or any
regulation, license, or order issued to carry out this Act 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.
SEC. 12. EXCEPTION TO COMPLY WITH INTERNATIONAL OBLIGATIONS.
Sanctions under this Act shall not apply to the admission of an
alien if the admission of that alien is necessary to comply with United
States obligations under the Agreement between the United Nations and
the United States of America regarding the Headquarters of the United
Nations, signed at Lake Success June 26, 1947, and entered into force
November 21, 1947, under the Convention on Consular Relations, done at
Vienna April 24, 1963, and entered into force March 19, 1967, or under
other international agreements.
SEC. 13. TERMINATION AUTHORITY.
(a) In General.--The President may terminate the application of
sanctions, prohibitions, restrictions, and penalties under this Act if
the President certifies to Congress that--
(1) the Government of Turkiye, the Syrian National Army,
and other militias supported by the Government of Turkiye have
halted attacks against the Syrian Kurdish community and other
communities affected by Turkish or Turkish-backed military
operations;
(2) Turkish forces, Syrian National Army forces, and other
militias supported by the Government of Turkiye not involved in
coordinated operations with members of the North Atlantic
Treaty Organization or the Global Coalition to Defeat ISIS,
have withdrawn from all locations in Syria that they did not
occupy before the launch of any action against the Syrian
Democratic Forces on November 27, 2024; and
(3) the Government of Turkiye, the Syrian National Army,
and other militias supported by the Government of Turkiye are
not hindering counterterrorism operations against ISIS.
(b) Reimposition.--If the Government of Turkiye violates paragraph
(1), (2), or (3) of subsection (a) after the submission of a
certification described in subsection (a), the President shall reimpose
sanctions, prohibitions, restrictions, and penalties as described in
this Act.
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