[Congressional Bills 110th Congress]
[From the U.S. Government Publishing Office]
[S. 3058 Introduced in Senate (IS)]
110th CONGRESS
2d Session
S. 3058
To prohibit the importation of certain products that contain or are
derived from columbite-tantalite or cassiterite mined or extracted in
the Democratic Republic of the Congo, and for other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
May 22, 2008
Mr. Brownback (for himself and Mr. Durbin) introduced the following
bill; which was read twice and referred to the Committee on Finance
_______________________________________________________________________
A BILL
To prohibit the importation of certain products that contain or are
derived from columbite-tantalite or cassiterite mined or extracted in
the Democratic Republic of the Congo, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Conflict Coltan and Cassiterite Act
of 2008''.
SEC. 2. IDENTIFICATION OF GROUPS THAT COMMIT CERTAIN VIOLATIONS OF
INTERNATIONAL LAW.
(a) In General.--Not later than 45 days after the date of the
enactment of this Act, the President shall develop and submit to
Congress a list of groups in the Democratic Republic of the Congo,
including units of the army of the Democratic Republic of the Congo,
that--
(1) commit serious violations of human rights;
(2) commit violations of international humanitarian law; or
(3) commit crimes under international law.
(b) Updates.--The President shall update the list required by
subsection (a) not less frequently than once each year.
SEC. 3. PROHIBITION ON IMPORTS OF CERTAIN MINERALS FROM THE DEMOCRATIC
REPUBLIC OF THE CONGO.
(a) Prohibition.--Notwithstanding any other provision of law, until
the President makes the certification described in subsection (c), no
products may be imported into the United States--
(1) that contain or are derived from columbite-tantalite or
cassiterite that is extracted, mined, or otherwise produced in
the Democratic Republic of the Congo; and
(2) the extraction, mining, or production of which benefits
a group on the list developed under section 2(a).
(b) Benefit Defined.--For purposes of subsection (a), the
extraction, mining, or production of columbite-tantalite or cassiterite
benefits a group on the list developed under section 2(a) if the sale
of the columbite-tantalite or cassiterite, as the case may be, results
in arms or money being transferred directly or indirectly to the group.
(c) Certification.--The prohibition described in subsection (a)
shall terminate on the date that is 45 days after the date on which the
President certifies to Congress that the violations of human rights,
violations of international humanitarian law, and crimes under
international law committed in the Democratic Republic of Congo by
groups on the list developed under section 2(a) have ceased.
SEC. 4. PENALTIES.
(a) In General.--
(1) Unlawful acts.--It shall be unlawful for a person to
violate, attempt to violate, conspire to violate, or cause a
violation of section 3(a).
(2) Civil penalty.--A civil penalty may be imposed on any
person that commits an unlawful act described in subsection (a)
in an amount not to exceed $10,000.
(3) Criminal penalty.--A person that willfully commits or
willfully attempts to commit an unlawful act described in
subsection (a), upon conviction--
(A) in the case of a corporation or other legal
entity, shall be fined not more than $50,000; or
(B) in the case of a natural person, including an
officer, director, or agent of a corporation or other
legal entity, may--
(i) be fined not more than $50,000;
(ii) be imprisoned for not more than 10
years; or
(iii) be fined under clause (i) and
imprisoned under clause (ii).
(b) Import Violations.--In addition to the penalties provided for
in subsection (a), any violation of section 3(a) that violates any
other customs law of the United States shall be subject to any
applicable civil or criminal penalty, including seizure and forfeiture,
that may be imposed under such customs law or title 18, United States
Code, with respect to the importation of products described in section
3(a) of this Act.
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