[Congressional Bills 115th Congress]
[From the U.S. Government Publishing Office]
[H.R. 6683 Introduced in House (IH)]

<DOC>






115th CONGRESS
  2d Session
                                H. R. 6683

 To impose sanctions with respect to persons responsible for violence 
     and human rights abuses in Nicaragua, and for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                            August 28, 2018

 Ms. Ros-Lehtinen (for herself and Mr. Sires) introduced the following 
 bill; which was referred to the Committee on Foreign Affairs, and in 
    addition to the Committee on the Judiciary, 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 
                               concerned

_______________________________________________________________________

                                 A BILL


 
 To impose sanctions with respect to persons responsible for violence 
     and human rights abuses in Nicaragua, 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 ``Nicaragua Human Rights and 
Anticorruption Act of 2018''.

SEC. 2. LIST OF PERSONS TRANSFERRING GOODS OR TECHNOLOGIES TO NICARAGUA 
              THAT ARE LIKELY TO BE USED TO COMMIT HUMAN RIGHTS ABUSES.

    (a) In General.--Not later than 90 days after the date of the 
enactment of this Act, the President shall transmit to the appropriate 
congressional committees a list of each person the President determines 
have knowingly engaged in an activity described in subsection (b)(1) on 
or after such date of enactment.
    (b) Activity Described.--
            (1) In general.--A person knowingly engages in an activity 
        described in this paragraph if the person--
                    (A) transfers, or facilitates the transfer of, 
                goods or technologies described in paragraph (3) for 
                use in or with respect to Nicaragua, to--
                            (i) the Government of Nicaragua;
                            (ii) any entity organized under the laws of 
                        Nicaragua; or
                            (iii) any national of Nicaragua; or
                    (B) provides services (including services relating 
                to hardware, software, specialized information, or 
                professional consulting, engineering, and support 
                services) with respect to such goods or technologies 
                after such goods or technologies are transferred to 
                Nicaragua.
            (2) Applicability to contracts and other agreements.--A 
        person shall be determined to engage in an activity described 
        in paragraph (1) without regard to whether the activity is 
        carried out pursuant to a contract or other agreement entered 
        into before, on, or after the date of the enactment of this 
        Act.
            (3) Goods or technologies described.--Goods or technologies 
        described in this subparagraph are goods or technologies that 
        the President determines are to be used by the Government of 
        Nicaragua or any of the agencies or instrumentalities of the 
        Government of Nicaragua (or by any other person on behalf of 
        the Government of Nicaragua or any of such agencies or 
        instrumentalities) to commit serious human rights abuses 
        against the people of Nicaragua, including--
                    (A) firearms or ammunition (as such terms are 
                defined in section 921 of title 18, United States 
                Code), rubber bullets, police batons, pepper or 
                chemical sprays, stun grenades, electroshock weapons, 
                tear gas, water cannons, or surveillance technology; or
                    (B) hardware, software, telecommunications 
                equipment, or any other technology that the President 
                determines is to be used specifically to restrict the 
                free flow of unbiased information in Nicaragua or to 
                disrupt, monitor, or otherwise restrict speech of the 
                people of Nicaragua.
    (c) Special Exception in the Case of Termination of Sanctionable 
Activity.--The President may determine not to include a person on the 
list required under subsection (a) if--
            (1) the President determines that the person is no longer 
        engaging in, or has taken significant credible steps toward 
        stopping (including by winding down contracts or other 
        agreements that were in effect prior to the date of the 
        enactment of this Act), the activity described in subsection 
        (b)(1) with respect to which the President would otherwise have 
        included the person on the list; and
            (2) the President has received reliable assurances that 
        such person will not knowingly engage in any new activity 
        described in such subsection (b)(1).
    (d) Updated List.--The President shall transmit to the appropriate 
congressional committees an updated list under subsection (a)--
            (1) not later than 180 days after the date of the enactment 
        of this Act; and
            (2) as new information becomes available.
    (e) Form of List; Public Availability.--
            (1) Form.--The list required under subsection (a) shall be 
        transmitted in unclassified form but may contain a classified 
        annex.
            (2) Public availability.--The unclassified portion of the 
        list required under subsection (a) shall be made available to 
        the public and posted on the website of the Department of 
        State.

SEC. 3. SANCTIONS ON PERSONS RESPONSIBLE FOR VIOLENCE IN NICARAGUA.

    (a) In General.--The President shall impose the sanctions described 
in subsection (b)(1) with respect to each person, including any current 
or former official of the Government of Nicaragua or a person acting on 
behalf of that Government, that--
            (1) the President determines--
                    (A) has perpetrated, or is responsible for 
                ordering, controlling, or otherwise directing, 
                significant acts of violence or serious human rights 
                abuses in Nicaragua against individuals participating 
                in protests in Nicaragua that began on April 18, 2018;
                    (B) has directed or ordered the arrest or 
                prosecution of a person primarily because of the 
                person's legitimate exercise of freedom of expression 
                or assembly in relation to the protests in Nicaragua 
                that began on April 18, 2018;
                    (C) has knowingly materially assisted, sponsored, 
                or provided significant financial, material, or 
                technological support for, or goods or services in 
                support of, the commission of acts described in 
                paragraph (1) or (2) in relation to protests in 
                Nicaragua that began on April 18, 2018; or
                    (D) has engaged in censorship against individuals 
                or media outlets disseminating information in relation 
                to protests in Nicaragua that began on April 18, 2018;
                    (E) is responsible for or complicit in ordering, 
                controlling, or otherwise directing significant actions 
                or policies that undermine democratic processes or 
                institutions in Nicaragua;
                    (F) is a former or current official of the 
                Government of Nicaragua, or a person acting on behalf 
                of that Government, that is responsible for or 
                complicit in ordering, controlling, or otherwise 
                directing acts of significant corruption, including the 
                expropriation of private or public assets for personal 
                gain, corruption related to government contracts, 
                bribery, or the facilitation or transfer of the 
                proceeds of corruption to foreign jurisdictions;
                    (G) has cooperated with a current or former 
                official of the Government of Venezuela or a person 
                acting on behalf of that Government; or
                    (H) is associated with conducting business deals 
                with Petroleos de Venezuela S.A. or its subsidiary in 
                Nicaragua, Alba de Nicaragua S.A. (ALBANISA); or
            (2) is included on the list required under section 2.
    (b) Sanctions Described.--
            (1) In general.--The sanctions described in this subsection 
        are the following:
                    (A) Asset blocking.--
                            (i) 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 all property and 
                        interests in property of a person determined by 
                        the President to be subject to subsection (a) 
                        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.
                            (ii) Exception.--The requirement to block 
                        and prohibit all transactions in all property 
                        and interests in property under clause (i) 
                        shall not include the authority to impose 
                        sanctions on the importation of goods.
                    (B) Aliens ineligible for visas, admission, or 
                parole.--
                            (i) Visas, admission, or parole.--An alien 
                        who the Secretary of State or the Secretary of 
                        Homeland Security (or a designee of one of such 
                        Secretaries) knows or has reasonable grounds to 
                        believe meets any of the criteria described in 
                        subsection (a) 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.).
                            (ii) Current visas revoked.--
                                    (I) In general.--The issuing 
                                consular officer, the Secretary of 
                                State, or the Secretary of Homeland 
                                Security (or a designee of one of such 
                                Secretaries) shall revoke any visa or 
                                other entry documentation issued to an 
                                alien who meets any of the criteria 
                                described in subsection (a), regardless 
                                of when issued.
                                    (II) Effect of revocation.--A 
                                revocation under subclause (I) shall 
                                take effect immediately and shall 
                                automatically cancel any other valid 
                                visa or entry documentation that is in 
                                the alien's possession.
                            (iii) Exception to comply with united 
                        nations headquarters agreement.--Sanctions 
                        under this subparagraph shall not apply to an 
                        alien if admitting the alien into the United 
                        States is necessary to permit the United States 
                        to comply with the Agreement regarding the 
                        Headquarters of the United Nations, signed at 
                        Lake Success June 26, 1947, and entered into 
                        force November 21, 1947, between the United 
                        Nations and the United States, or other 
                        applicable international obligations.
            (2) Penalties.--A person that violates, attempts to 
        violate, conspires to violate, or causes a violation of this 
        section or any regulation, license, or order issued to carry 
        out this section 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.
    (c) Waiver.--The President may waive the application of sanctions 
under subsection (b) with respect to a person if the President 
determines that such a waiver is in the national interests of the 
United States and, on or before the date on which the waiver takes 
effect, submits to the appropriate congressional committees a notice of 
and justification for the waiver.
    (d) Implementation Authority.--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 section, except that, in accordance with subsection 
(b)(1)(A)(ii), the authority to impose sanctions under subsection (b) 
of this section does not include the authority to impose sanctions 
relating to the importation of goods.
    (e) Definitions.--In this section:
            (1) Admitted; alien.--The terms ``admitted'' and ``alien'' 
        have meanings given those terms in section 101 of the 
        Immigration and Nationality Act (8 U.S.C. 1101).
            (2) 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 of any jurisdiction within the United 
                States, including a foreign branch of such an entity.

SEC. 4. APPROPRIATE CONGRESSIONAL COMMITTEES DEFINED.

    In this Act, the term ``appropriate congressional committees'' 
means--
            (1) the Committee on Foreign Affairs of the House of 
        Representatives;
            (2) the Committee on Appropriations of the House of 
        Representatives;
            (3) the Committee on Financial Services of the House of 
        Representatives;
            (4) the Committee on Foreign Relations of the Senate;
            (5) the Committee on Appropriations of the Senate; and
            (6) the Committee on Banking, Housing, and Urban Affairs of 
        the Senate.
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