[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[S. 1369 Introduced in Senate (IS)]
<DOC>
116th CONGRESS
1st Session
S. 1369
To impose sanctions on individuals who are complicit in human rights
abuses committed against nationals of Vietnam or their family members,
and for other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
May 8, 2019
Mr. Cornyn (for himself, Mr. Boozman, Mr. Cassidy, and Mr. Rubio)
introduced the following bill; which was read twice and referred to the
Committee on Foreign Relations
_______________________________________________________________________
A BILL
To impose sanctions on individuals who are complicit in human rights
abuses committed against nationals of Vietnam or their family members,
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 ``Vietnam Human Rights Sanctions Act
of 2019''.
SEC. 2. FINDINGS.
Congress makes the following findings:
(1) The relationship between the United States and the
Socialist Republic of Vietnam has grown substantially since the
end of the trade embargo in 1994, with annual trade between the
countries reaching more than $36,000,000,000 in 2014.
(2) However, the transition by the Government of Vietnam
toward greater economic activity and trade, which has led to
increased bilateral engagement between the United States and
Vietnam, has not been matched by greater political freedom or
substantial improvements in basic human rights for the people
of Vietnam.
(3) Vietnam remains an authoritarian state ruled by the
Communist Party of Vietnam, which continues to deny the right
of the people of Vietnam to participate in free and fair
elections.
(4) According to the Department of State's 2014 Country
Reports on Human Rights Practices, Vietnam's ``most significant
human rights problems . . . were severe government restrictions
of citizens' political rights, particularly their right to
change their government through free and fair elections; limits
on citizens' civil liberties, including freedom of assembly and
expression; and inadequate protection of citizens' due process
rights, including protection against arbitrary detention''.
(5) The Country Reports also state that the Government of
Vietnam ``continued to restrict speech that criticized
individual government leaders; promoted political pluralism or
multi-party democracy; or questioned policies on sensitive
matters, such as human rights, religious freedom, or
sovereignty disputes with China'' and ``sought to impede
criticism by monitoring meetings and communications of
political activists''.
(6) Furthermore, the Department of State documents that
``arbitrary arrest and detention, particularly for political
activists, remained a problem'', with the Government of Vietnam
sentencing 29 arrested activists during 2014. Of those, 6
activists were convicted on national security charges in the
penal code for ``undermining the unity policy'', 17 for
``causing public disorder'', and 6 for ``abusing democratic
freedoms''.
(7) At the end of 2014, the Government of Vietnam
reportedly held more than 125 political prisoners.
(8) On September 24, 2012, 3 prominent Vietnamese
bloggers--Nguyen Van Hai (also known as Dieu Cay), Ta Phong
Tan, and Phan Thanh Hai (also known as Anh Ba Saigon)--were
sentenced to prison based on 3-year-old blog postings
criticizing the Government and leaders of Vietnam and the
Communist Party of Vietnam. Nguyen Van Hai served 2 years of a
12-year prison sentence on charges of ``conducting propaganda
against the state'' but was later released and departed from
Vietnam. If he were to return, he would likely have to complete
his prison sentence.
(9) United Nations High Commissioner for Human Rights Navi
Pillay responded to the sentencing of the bloggers on September
25, 2012, stating that ``[t]he harsh prison terms handed down
to bloggers exemplify the severe restrictions on freedom of
expression in Vietnam'' and calling the sentences an
``unfortunate development that undermines the commitments
Vietnam has made internationally . . . to protect and promote
the right to freedom of expression''.
(10) On March 21, 2013, Deputy Assistant Secretary of State
for Democracy, Human Rights, and Labor Daniel B. Baer testified
before the Subcommittee on East Asian and Pacific Affairs of
the Committee on Foreign Relations of the Senate that ``in
Vietnam we've been disappointed in recent years to see
backsliding, particularly on . . . freedom of expression issues
. . . people are being prosecuted for what they say online
under really draconian national security laws . . . that is an
issue that we continue to raise, both in our human rights
dialogue with the Vietnamese as well as in other bilateral
engagements''.
(11) Although the Constitution of Vietnam provides for
freedom of religion, the Department of State's 2013
International Religious Freedom Report maintains, ``Government
practices and bureaucratic impediments restricted religious
freedom. Unregistered and unrecognized religious groups were
often subject to harassment, as well as coercive and punitive
actions by authorities.''.
(12) Likewise, the United States Commission on
International Religious Freedom 2015 Annual Report states,
``The Vietnamese government continues to control all religious
activities through law and administrative oversight, restrict
severely independent religious practice, and repress
individuals and religious groups it views as challenging its
authority, including independent Buddhists, Hoa Hao, Cao Dai,
Catholics, and Protestants.''.
(13) The 2013 Annual Report notes that in 2004 the United
States designated Vietnam as a country of particular concern
for religious freedom pursuant to section 402(b)(1) of the
International Religious Freedom Act of 1998 (22 U.S.C.
6442(b)(1)), and that Vietnam responded at that time by
releasing prisoners, prohibiting the policy of forced
renunciations of faith, and expanding protections for religious
groups, and that ``[m]ost religious leaders in Vietnam
attributed these positive changes to the [country of particular
concern] designation and the priority placed on religious
freedom concerns in U.S.-Vietnamese bilateral relations''.
(14) However, the 2013 Annual Report concludes that since
the designation as a country of particular concern was lifted
from Vietnam in 2006, ``religious freedom conditions in Vietnam
remain mixed'', and therefore recommends to the Department of
State that Vietnam should be redesignated as a country of
particular concern.
(15) Deputy Assistant Secretary of State Baer likewise
testified that ``[i]n Vietnam the right to religious freedom,
which seemed to be improving several years ago, has been
stagnant for several years''.
SEC. 3. IMPOSITION OF SANCTIONS ON CERTAIN INDIVIDUALS WHO ARE
COMPLICIT IN HUMAN RIGHTS ABUSES COMMITTED AGAINST
NATIONALS OF VIETNAM OR THEIR FAMILY MEMBERS.
(a) Definitions.--In this section:
(1) Admitted; alien; immigration laws; national.--The terms
``admitted'', ``alien'', ``immigration laws'', and ``national''
have the meanings given those terms in section 101 of the
Immigration and Nationality Act (8 U.S.C. 1101).
(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) Convention against torture.--The term ``Convention
against Torture'' means the United Nations Convention against
Torture and Other Cruel, Inhuman or Degrading Treatment or
Punishment, done at New York on December 10, 1984.
(4) 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.
(b) Imposition of Sanctions.--Except as provided in subsections (e)
and (f), the President shall impose the sanctions described in
subsection (d) with respect to each individual on the list required by
subsection (c)(1).
(c) List of Individuals Who Are Complicit in Certain Human Rights
Abuses.--
(1) In general.--Not later than 90 days after the date of
the enactment of this Act, the President shall submit to the
appropriate congressional committees a list of individuals who
are nationals of Vietnam that the President determines are
complicit in human rights abuses committed against nationals of
Vietnam or their family members, regardless of whether such
abuses occurred in Vietnam.
(2) Updates of list.--The President shall submit to the
appropriate congressional committees an updated list under
paragraph (1) as new information becomes available and not less
frequently than annually.
(3) Public availability.--The list required by paragraph
(1) shall be made available to the public and posted on the
websites of the Department of the Treasury and the Department
of State.
(4) Consideration of data from other countries and
nongovernmental organizations.--In preparing the list required
by paragraph (1), the President shall consider data already
obtained by other countries and nongovernmental organizations,
including organizations in Vietnam, that monitor the human
rights abuses of the Government of Vietnam.
(d) Sanctions.--
(1) Prohibition on entry and admission to the united
states.--An individual on the list required by subsection
(c)(1) may not--
(A) be admitted to, enter, or transit through the
United States;
(B) receive any lawful immigration status in the
United States under the immigration laws, including any
relief under the Convention against Torture; or
(C) file any application or petition to obtain such
admission, entry, or status.
(2) Financial sanctions.--The President shall block and
prohibit all transactions in all property and interests in
property of an individual on the list required by subsection
(c)(1) 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.
(3) Exceptions to comply with international agreements.--
The President may, by regulation, authorize exceptions to the
imposition of sanctions under paragraph (1) 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, and other applicable
international agreements.
(4) Exception relating to importation of goods.--
(A) In general.--The requirement to block and
prohibit all transactions in all property and interests
in property under paragraph (2) shall not include the
authority to impose sanctions on the importation of
goods.
(B) Good defined.--In this paragraph, the term
``good'' means any article, natural or man-made
substance, material, supply or manufactured product,
including inspection and test equipment, and excluding
technical data.
(e) Waiver.--The President may waive the requirement to impose or
maintain sanctions with respect to an individual under subsection (b)
or the requirement to include an individual on the list required by
subsection (c)(1) if the President--
(1) determines that such a waiver is in the national
interest of the United States; and
(2) submits to the appropriate congressional committees a
report describing the reasons for the determination.
(f) Termination of Sanctions.--The provisions of this section shall
terminate on the date on which the President determines and certifies
to the appropriate congressional committees that the Government of
Vietnam has--
(1) unconditionally released all political prisoners;
(2) ceased its practices of violence, unlawful detention,
torture, and abuse of nationals of Vietnam while those
nationals are engaging in peaceful political activity; and
(3) conducted a transparent investigation into the
killings, arrest, and abuse of peaceful political activists in
Vietnam and prosecuted those responsible.
SEC. 4. SENSE OF CONGRESS ON DESIGNATION OF VIETNAM AS A COUNTRY OF
PARTICULAR CONCERN WITH RESPECT TO RELIGIOUS FREEDOM.
It is the sense of Congress that--
(1) the relationship between the United States and Vietnam
cannot progress while the record of the Government of Vietnam
with respect to human rights and the rule of law continues to
deteriorate;
(2) the designation of Vietnam as a country of particular
concern for religious freedom pursuant to section 402(b)(1) of
the International Religious Freedom Act of 1998 (22 U.S.C.
6442(b)(1)) would be a powerful and effective tool in
highlighting abuses of religious freedom in Vietnam and in
encouraging improvement in the respect for human rights in
Vietnam; and
(3) the Secretary of State should, in accordance with the
recommendation of the United States Commission on International
Religious Freedom, designate Vietnam as a country of particular
concern for religious freedom.
<all>