116 HR 4644 RH: Libya Stabilization Act U.S. House of Representatives 2020-11-17 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.

IBUnion Calendar No. 491116th CONGRESS2d SessionH. R. 4644[Report No. 116–594, Part I]IN THE HOUSE OF REPRESENTATIVESOctober 11, 2019Mr. Deutch (for himself, Mr. Wilson of South Carolina, Mr. Ted Lieu of California, and Mr. Malinowski) introduced the following bill; which was referred to the Committee on Foreign Affairs, and in addition to the Committees on the Judiciary, and Financial Services, 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 concernedNovember 17, 2020Additional sponsors: Mr. Allred, Mr. Kinzinger, Mr. Gonzalez of Texas, Mr. Reschenthaler, Mr. Trone, Mr. Cicilline, Mr. Vela, Mr. Wenstrup, Mr. Sires, Mr. Sherman, and Mr. TaylorNovember 17, 2020Reported from the Committee on Foreign Affairs with an amendmentStrike out all after the enacting clause and insert the part printed in italicNovember 17, 2020Committees on the Judiciary and Financial Services discharged; committed to the Committee of the Whole House on the State of the Union and ordered to be printedFor text of introduced bill, see copy of bill as introduced on October 11, 2019A BILLTo clarify United States policy toward Libya, advance a diplomatic solution to the conflict in Libya, and support the people of Libya.

1.

Short title; table of contents

(a)

Short title

This Act may be cited as the Libya Stabilization Act.(b)

Table of contents

The table of contents for this Act is as follows:Sec. 1. Short title; table of contents.Sec. 2. Findings; statement of policy.Title I—Identifying challenges to stability in LibyaSec. 101. Report on activities of certain foreign governments and actors in Libya.Sec. 102. Report of Russian activities and objectives in Libya.Sec. 103. Determination of sanctionable activities of the Libyan National Army with respect to Syria.Title II—Actions to address foreign intervention in LibyaSec. 201. Sanctions with respect to foreign persons leading, directing, or supporting certain foreign government involvement in Libya.Sec. 202. Sanctions with respect to foreign persons threatening the peace or stability of Libya.Sec. 203. Sanctions with respect to foreign persons who are responsible for or complicit in gross violations of internationally recognized human rights committed in Libya.Sec. 204. Sanctions described.Sec. 205. Waiver.Sec. 206. Implementation and regulatory authority.Sec. 207. Exception relating to importation of goods.Sec. 208. Definitions.Sec. 209. Suspension of sanctions.Sec. 210. Sunset.Title III—Assistance for LibyaSec. 301. Humanitarian relief for the people of Libya and international refugees and migrants in Libya.Sec. 302. Support for democratic governance, elections, and civil society.Sec. 303. Engaging international financial institutions to advance Libyan economic recovery and improve public sector financial management.Sec. 304. Recovering assets stolen from the Libyan people.

2.

Findings; statement of policy

(a)

Findings

Congress makes the following findings:(1)The stability and territorial unity of Libya is critical to the security of the United States, Europe, North Africa, and the Sahel, as well as maritime routes in the southern Mediterranean Sea.(2)United States Africa Command (AFRICOM) identifies containing instability in Libya as one of its six main lines of effort in Africa and works to support diplomatic efforts to reconstitute the Libyan State and to disrupt terrorist organizations that impede that process or threaten United States interests.(3)According to the Defense Intelligence Agency, the Islamic State in Libya (ISIS-Libya) is degraded. However, Secretary of Defense Mark Esper said in November 2019 that there is a continued need for lethal operations to keep ISIS-Libya in a degraded state.(4)On April 4, 2019, Khalifa Haftar, the commander of the Libyan National Army (LNA) ordered forces loyal to him to begin a unilateral military operation to take control of Tripoli, the capital of Libya and seat of the Government of National Accord (GNA), an interim body that emerged from previous United Nations-backed negotiations which the United States Government and the United Nations Security Council have recognized since 2015.(5)Both the LNA, the GNA, and their associated forces have failed to observe their obligations under international humanitarian law, increased the geographic scope of the conflict, ignored calls for de-escalation and a ceasefire, recruited foreign mercenaries, and intensified ground and air campaigns using heavy weapons, aircraft, and reportedly using armed drones provided by foreign powers.(6)According to then-United Nations Special Representative and Head of the United Nations Support Mission in Libya (UNSMIL), Ghassan Salamé, weapons provided by foreign powers to the warring parties in violation of the United Nations arms embargo are being sold to or captured by terrorist groups active in Libya.(7)According to the United Nations, since the LNA offensive began in April 2019, the conflict in Libya has led to the deaths of more than 2,200 people and the displacement of more than 150,000 people.(8)All sides of the conflict have requisitioned the houses of civilians, targeted medical facilities, and inhibited humanitarian access to food, health, and other life-saving services, worsening humanitarian conditions.(9)More than 2,200 refugees and migrants are detained in detention facilities in Libya with serious risks of torture, starvation, sexual abuse, and death. On July 2, 2019, an airstrike against the Tajura Detention Center killed 53 and wounded 130 people trapped in the center. The United Nations has called for the immediate release, evacuation, and protection of refugees and migrants detained in conflict zones.(10)The Department of State’s 2020 Trafficking in Persons Report states with regard to Libya, Trafficking victims—including men, women, and children—are highly vulnerable to extreme violence and other human rights violations in Libya by governmental and non-state armed groups, including: physical, sexual, and verbal assault; abduction for ransom; extortion; arbitrary killings; inhumane detention; and child soldiering…Migrants in Libya are extremely vulnerable to sex and labor trafficking [and …] are vulnerable to exploitation by state and non-state actors, including employers who refuse to pay laborers’ wages..(11)In November 2019, the GNA and the Government of Turkey signed a Memorandum of Understanding on maritime boundaries in the Mediterranean Sea.(12)According to a July 2020 Department of Defense Inspector General report, the Wagner Group, a Russian private military company, has deployed as many as 2,500 mercenary forces, including some Syrian fighters, advanced equipment, and advanced capabilities to support the LNA and Russian objectives in North Africa.(13)According to a July 2020 Department of Defense Inspector General report, Turkey’s president acknowledged that his country sent many Syrian militants to Libya to support the Government of National Accord (GNA)….USAFRICOM estimated that 3,500 Syrian mercenaries were in Libya supporting the GNA as of the end of March. Citing press reports, USAFRICOM stated that an additional 300 Turkish-supported Syrian opposition fighters arrived in Libya in early April..(14)In January 2020, LNA-aligned forces shut down oil production in eastern Libya, which according to the United Nations threatens devastating consequences for the Libyan people and for the country’s economic and financial situation.(15)On January 19, 2020, at a peace conference in Berlin, representatives of the Governments of Algeria, China, Egypt, France, Germany, Italy, Russia, Turkey, the Republic of Congo, the United Arab Emirates, the United Kingdom, and the United States, as well as regional and multilateral organizations, agreed to refrain from interference in Libya’s internal affairs, abide by the United Nations arms embargo, and advance a 55-point communique to resolve the conflict in Libya.(16)On January 30, 2020, then-United Nations Special Representative Salamé asserted, the warring parties have continued to receive advanced equipment, fighters, and advisors from foreign states, in violation of the UN arms embargo and pledges made by representatives of these countries in Berlin.(17)On February 12, 2020, the United States Assistant Secretary of State for Near Eastern Affairs testified before the Senate Foreign Relations Committee, The task of bringing the Libyans back to the negotiating table has been complicated by the involvement of external actors. Libya is not the place for Russian mercenaries, or fighters from Syria, Chad, and Sudan. It is not the place for the Emiratis, Russians, or Turks to be fighting battles on the ground through intermediaries they sponsor or support with sophisticated and deadly equipment in pursuit of their own agendas..(18)On February 13, 2020, the United Nations Security Council adopted Resolution 2510, which endorses the Conclusions of the International Conference on Libya held in Berlin, affirms the need for a lasting ceasefire, demands full compliance by all member states with the United Nations arms embargo, and expresses unequivocal support for the United Nations Special Representative and the ongoing UNSMIL-facilitated intra-Libyan dialogue.(b)

Statement of policy

It is the policy of the United States—(1)to advance a peaceful resolution to the conflict in Libya through a political process as the best way to secure United States interests, ensure a stable and unified Libya, reduce the threat of terrorism, and provide peace and opportunity to the Libyan people;(2)to support the implementation of United Nations Security Council Resolutions 1970 (2011) and 1973 (2011), which established an arms embargo on Libya, and subsequent resolutions modifying and extending the embargo;(3)to enforce Executive Order 13726 (81 Fed. Reg. 23559; relating to blocking property and suspending entry into the United States of persons contributing to the situation in Libya (April 19, 2016)), designed to target individuals or entities who threaten the peace, security, and stability of Libya;(4)to oppose attacks on civilians, medical workers, and critical infrastructure, including water supplies, in Libya, and to support accountability for those engaged in such heinous actions;(5)to support Libya’s sovereignty, independence, territorial integrity, and national unity consistent with United Nations Security Council Resolution 2510 (2020) and all predecessor resolutions with respect to Libya, including by—(A)taking action to end the violence and flow of arms; (B)rejecting attempts by any party to illicitly export Libya’s oil; and(C)urging Libyan parties to eject foreign military and mercenary forces;(6)to leverage diplomatic relations to convince the parties to the conflict in Libya to immediately de-escalate and halt their current fighting and persuade foreign powers to stop providing personnel, including mercenaries, weapons, and financing that exacerbate the conflict;(7)to support building on the Libyan Political Agreement as a viable framework for the political solution in Libya and to urge all Libyan parties to resume the inclusive Libyan-led and Libyan-owned political process under the auspices of UNSMIL;(8)to support a negotiated and peaceful political solution that includes a single, unified, inclusive, and effective Libyan Government approved by the Libyan House of Representatives, the end of a transitional period achieved through free, fair, inclusive, and credible elections, a fair and transparent allocation of resources, interim security arrangements, and a process for the reunification of Libyan government ministries and Libyan sovereign institutions, including the Central Bank of Libya, the National Oil Corporation, and the Libyan Investment Authority;(9)to support constant, unimpeded, and reliable humanitarian access to those in need and to hold accountable those who impede or threaten the delivery of humanitarian assistance;(10)to seek to bring an end to trafficking in persons such as slavery, forced labor, and sexual exploitation, including with respect to migrants;(11)to advocate for the immediate release and safe evacuations of detained refugees and migrants trapped by the fighting in Libya;(12)to encourage implementation of UNSMIL’s plan for the organized and gradual closure of migrant detention centers in Libya;(13)to support current and future democratic and economic development; and(14)to discourage all parties from heightening tensions in the region, through unhelpful and provocative actions.

November 17, 2020Reported from the Committee on Foreign Affairs with an amendmentNovember 17, 2020Committees on the Judiciary and Financial Services discharged; committed to the Committee of the Whole House on the State of the Union and ordered to be printed