II 112th CONGRESS 2d Session S. 2152 IN THE SENATE OF THE UNITED STATES March 2, 2012 Mr. Rubio introduced the following bill; which was read twice and referred to the Committee on Finance March 7, 2012 Committee discharged; referred to the Committee on Foreign Relations A BILL To promote United States policy objectives in Syria, including the departure from power of President Bashar Assad and his family, the effective transition to a democratic, free, and secure country, and the promotion of a prosperous future in Syria.

1.

Short title; table of contents

(a)

Short title

This Act may be cited as the Syria Democracy Transition Act of 2012. (b)

Table of contents

The table of contents for this Act is as follows: Sec. 1. Short title; table of contents. Sec. 2. Definitions. Sec. 3. Findings. Sec. 4. Statement of policy. TITLE I—Accelerating the pace of regime transition Sec. 101. Imposition of sanctions on foreign financial institutions that conduct transactions with the Central Bank of Syria. Sec. 102. Exportation of petroleum, oil, and natural gas produced in Syria. Sec. 103. Prohibition on certain vessels landing in the United States; enhanced inspections. Sec. 104. Promotion of multilateral action at the United Nations. TITLE II—Promoting an effective transition Sec. 201. Report on opposition groups. Sec. 202. Identification and disposition of weapons. Sec. 203. Transition funding and termination of sanctions. Sec. 204. Designating an official coordinator. TITLE III—Creating a prosperous future Sec. 301. Syrian-American Enterprise Fund. Sec. 302. Additional measures to stimulate economic growth in Syria.

2.

Definitions

In this Act: (1)

Account; correspondent account; payable-through account

The terms account, correspondent account, and payable-through account have the meanings given those terms in section 5318A of title 31, United States Code. (2)

Appropriate congressional committees

The term appropriate congressional committees means— (A)the Committee on Finance, the Committee on Banking, Housing, and Urban Affairs, and the Committee on Foreign Relations of the Senate; and (B)the Committee on Ways and Means, the Committee on Financial Services, and the Committee on Foreign Affairs of the House of Representatives. (3)

Foreign financial institution

The term foreign financial institution has the meaning of that term as determined by the Secretary of the Treasury pursuant to section 104(i) of the Comprehensive Iran Sanctions, Accountability, and Divestment Act of 2010 (22 U.S.C. 8513(i)).

3.

Findings

Congress makes the following findings: (1)On December 12, 2003, President George W. Bush signed the Syria Accountability and Lebanese Sovereignty Restoration Act of 2003 (Public Law 108–175; 22 U.S.C. 2151 note) in order to hold the Government of Syria accountable for its actions. (2)Current law in the United States prohibits the Government of Syria from receiving assistance from the United States because it has repeatedly provided support for acts of international terrorism, as determined by the Secretary of State for purposes of section 6(j)(1) of the Export Administration Act of 1979 (50 U.S.C. App. 2405(j)(1)) (as in effect pursuant to the International Emergency Economic Powers Act (50 U.S.C. 1701 et seq.)) and other related statutes. (3)In 2006, the Department of the Treasury issued a final ruling that imposes a special measure against the Commercial Bank of Syria, a quasi-government bank, as a financial institution of primary money laundering concern. (4)Since mass peaceful demonstrations started on March 15, 2011, the Government of Syria, led by President Bashar al-Assad, has responded by launching a violent crackdown, committing human rights abuses, and violating its international obligations, including the International Covenant on Civil and Political Rights, adopted December 16, 1966, and the United Nations Convention Against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment, done at New York December 10, 1984. (5)On April 15, 2011, Christof Heyns, the United Nations Special Rapporteur on extrajudicial, summary, or arbitrary executions, stated that live ammunition has been used by the Government of Syria against demonstrators in clear violation of international law. (6)On April 29, 2011, President Barack Obama issued additional sanctions with respect to Syria, stating that the Government of Syria's human rights abuses, including those related to the repression of the people of Syria, manifested most recently by the use of violence and torture against, and arbitrary arrests and detentions of, peaceful protestors by police, security forces, and other entities that have engaged in human rights abuses, constitute an unusual and extraordinary threat to the national security, foreign policy, and economy of the United States. (7)On May 6, 2011, envoys of the 27 countries of the European Union agreed to impose sanctions on the Government of Syria for the human rights abuses it is perpetrating, including asset freezes and visa bans on 13 members of the Government of Syria and an arms embargo on the country. (8)On May 18, 2011, President Obama issued an executive order sanctioning senior officials of the Syrian Arab Republic and their supporters, specifically designating seven people: President Bashar al-Assad, Vice President Farouk al-Shara, Prime Minister Adel Safar, Minister of the Interior Mohammad Ibrahim al-Shaar, Minister of Defense Ali Habib Mahmoud, Head of Syrian Military Intelligence Abdul Fatah Qudsiya, and Director of Political Security Directorate Mohammed Dib Zaitoun. (9)On June 29, 2011, the Department of the Treasury sanctioned the chief and deputy chief of Iran's national police and the head of the Syrian Air Force Intelligence for providing support to the Government of Syria in engaging in human rights abuses. (10)In July 2011, supporters of President Bashar al-Assad attacked the embassies of the United States and France, following demonstrations sanctioned by the Government of Syria outside the embassy of the United States. (11)On August 11, 2011, the Department of the Treasury’s Office of Foreign Asset Control named the Commercial Bank of Syria, a quasi-government bank, a Specially Designated National. With this designation, all property and assets of the bank in the United States or under control of United States persons, including overseas branches, were frozen. (12)On August 18, 2011, President Obama stated, The future of Syria must be determined by its people, but President Bashar al-Assad is standing in their way. His calls for dialogue and reform have rung hollow while he is imprisoning, torturing and slaughtering his own people. We have consistently said that President Assad must lead a democratic transition or get out of the way. He has not led. For the sake of the Syrian people, the time has come for President Assad to step aside.. (13)On November 12, 2011, the Arab League voted to suspend Syria from membership, based on continuing violence and inability to adhere to a League-brokered plan. (14)On November 15, 2011, King Abdullah of Jordan became the first Arab leader to openly urge Mr. Assad to step down, saying President Assad should step down and make sure whoever comes behind me has the ability to change the status quo that we're seeing. (15)On November 28, 2011, a report from the United Nations-backed Independent International Commission of Inquiry on Syria concluded that the substantial body of evidence gathered by the commission indicates that these gross violations of human rights have been committed by Syrian military and security forces since the beginning of the protests in March. (16)On January 17, 2012, President Obama made the following statement: We will continue to consult very closely with Jordan to create the kind of international pressure and environment that encourage the current Syrian regime to step aside so that a more democratic process and transition can take place inside of Syria.. (17)On January 30, 2012, Secretary of State Hillary Clinton said that the status quo is unsustainable; the longer the Assad regime continues its attacks on the Syrian people and stands in the way of a peaceful transition, the greater the concern that instability will escalate and spill over throughout the region. (18)On January 28, 2012, the League of Arab States decided to suspend its international monitoring mission due to escalating violence within Syria. (19)On February 4, 2012, the Russian Federation and People's Republic of China vetoed a United Nations Security Council Resolution in support of the League of Arab States' Plan of Action. (20)On February 13, 2012, the United Nation's High Commissioner for Human Rights said, The failure of the Security Council to agree on firm collective action appears to have emboldened the Syrian government to plan an all-out assault in an effort to crush resistance with overwhelming force.. (21)As of February 13, 2012, the United Nation estimates security forces of the Government of Syria have killed well above 5,400 people, with tens of thousands, including children, arrested and more than 18,000 reportedly still arbitrarily held in detention. Approximately 25,000 people have sought refuge in other countries, and more than 70,000 are estimated to have been internally displaced.

4.

Statement of policy

It is the policy of the United States— (1)to strongly condemn the ongoing, widespread, and systemic violations of human rights conducted by the authorities in Syria, including the use of force against civilians, torture, extrajudicial killings, arbitrary executions, sexual violence, and interference with access to medical treatment; (2)to support the aspirations of the people of Syria for self-government based on democratic political, civil, and religious rights; (3)to assure the departure from power of Bashar al-Assad and his family, and facilitate a peaceful transition to a representative and inclusive government that ensures freedom, justice, and prosperity for all the people of Syria; (4)to promote an effective transition to democracy by identifying and supporting organizations in Syria that are representative of the Syrian people, make demonstrable commitments to protect human rights, and religious freedom, reject terrorism, cooperate with international counterterrorism and nonproliferation efforts, and abstain from destabilizing neighboring countries; (5)to identify weapons stockpiles and prevent the proliferation of conventional, biological, chemical, and other types of weapons in Syria; and (6)to mobilize international support for a post-Assad democratic and inclusive Government of Syria.