[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3654 Introduced in House (IH)]
<DOC>
118th CONGRESS
1st Session
H. R. 3654
To address transnational repression by foreign governments against
private individuals, and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
May 24, 2023
Mr. Smith of New Jersey (for himself and Mr. McGovern) introduced the
following bill; which was referred to the Committee on Foreign Affairs,
and in addition to the Committees on the Judiciary, and Intelligence
(Permanent Select), 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 address transnational repression by foreign governments against
private individuals, 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; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``Transnational
Repression Policy 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.
Sec. 3. Statement of policy.
Sec. 4. Amendments to annual country reports on human rights practices.
Sec. 5. Interagency strategy to address transnational repression in
United States and abroad.
Sec. 6. Training.
Sec. 7. Intelligence gathering.
Sec. 8. Department of Homeland Security and Department of Justice
initiatives to combat transnational
repression in the United States.
Sec. 9. Imposition of sanctions relating to transnational repression.
SEC. 2. FINDINGS.
Congress finds the following:
(1) Transnational repression against individuals who live
outside their countries of origin, prominent or vocal anti-
regime figures, and persons who provide aid and support to
dissidents--
(A) is a human rights violation that seeks to
stifle dissent and enhance control over exile,
activist, emigrant, and diaspora communities; and
(B) can take the form of--
(i) extrajudicial killings;
(ii) physical assaults and intimidation;
(iii) unlawful detentions;
(iv) unlawful renditions;
(v) unlawful deportations;
(vi) unexplained or enforced
disappearances;
(vii) physical or online surveillance or
stalking;
(viii) unwarranted passport cancellation or
control over other identification documents;
(ix) INTERPOL abuse;
(x) intimidation by diplomatic personnel,
government officials, or proxies;
(xi) unlawful asset freezes;
(xii) digital threats, such as
cyberattacks, targeted surveillance and
spyware, online harassment, and intimidation;
(xiii) coercion by proxy, such as
harassment of, or threats or harm to, family
and associates of such private individuals who
remain in the country of origin; and
(xiv) slander and libel to discredit
individuals.
(2) Governments perpetrating transnational repression often
pressure host countries, especially--
(A) through threats to condition foreign assistance
or other pressure campaigns on lawmakers in host
countries, such as threats--
(i) to withdraw foreign students from their
universities; and
(ii) to induce them to enact policies that
repress emigrant and diaspora communities; and
(B) by offering financial and material assistance
to host countries to harass and intimidate emigrant and
diaspora communities.
(3) Transnational repression is a threat to individuals,
democratic institutions, the exercise of rights and freedoms,
and national security and sovereignty.
(4) Authoritarian governments increasingly rely on
transnational repression as their consolidation of control at
home pushes dissidents abroad.
(5) The spread of digital technologies provides new tools
for censoring, surveilling, and targeting individuals deemed to
be threats across international borders, especially dissidents
pushed abroad who themselves rely on communications technology
to amplify their messages, which can often lead to physical
attacks and coercion by proxy.
(6) Many acts of transnational repression are undertaken
through cooperation of, or cooperation with, authorities in the
host country, most notably by taking advantage of other states'
concerns about terrorism to accuse the targeted individual of
terrorism or extremism.
(7) Authoritarian actors routinely attempt to deter and
silence the voices of dissident and exile communities at
international fora, as documented by the United Nations
Assistant Secretary-General for Human Rights in the Secretary-
General's annual report on reprisals to the United Nations
Human Rights Council.
(8) The principle of non-refoulement, which is explicitly
included in the Convention against Torture and Other Cruel,
Inhuman or Degrading Treatment or Punishment, done at New York
December 10, 1984--
(A) forms an essential protection under
international law; and
(B) prohibits countries from expelling or returning
an individual to another country where the individual's
life or freedom would be threatened on account of the
individual's race, religion, nationality, membership in
a particular social group, or political opinion, or due
to substantial grounds for believing that the
individual would be at risk of torture.
SEC. 3. STATEMENT OF POLICY.
It is the policy of the United States--
(1) to protect persons in the United States and United
States persons outside of the United States from undue foreign
harassment, intimidation, coercion, and surveillance in
accordance with section 6 of the Arms Export Control Act (22
U.S.C. 2756);
(2) to pursue criminal prosecutions, as appropriate, and
carry out other steps, such as facilitating mutual legal
assistance and other forms of international cooperation with
like-minded partners, in accordance with United States law, to
hold foreign governments and individuals accountable when they
stalk, publish false narratives online with the intent to
unlawfully intimidate, harass, coerce, or assault people in the
United States or United States persons outside of the United
States or collect information while acting as a foreign agent
in the United States without notifying United States
authorities; and
(3) to prohibit the arrest or seizure of assets of any
individual based solely on an INTERPOL Red Notice or Diffusion
issued by another INTERPOL member country for such individual
because such notices do not meet the requirements of the Fourth
Amendment to the Constitution of the United States.
SEC. 4. AMENDMENTS TO ANNUAL COUNTRY REPORTS ON HUMAN RIGHTS PRACTICES.
Section 116 of the Foreign Assistance Act of 1961 (22 U.S.C. 2151n)
is amended by adding at the end the following:
``(h) Use of Transnational Repression.--The country reports
required under subsection (d) shall, as applicable--
``(1) describe incidents in which a government has
harassed, intimidated, or killed individuals outside of their
internationally-recognized borders and document patterns of
such repression among repeat offenders;
``(2) identify the countries in which such repression
occurs and the roles of the host government in enabling,
preventing, mitigating, and responding to such acts;
``(3) describe the tactics used by the countries identified
pursuant to paragraph (2), including the actions identified in
section 2(1) and any new techniques observed; and
``(4) in the case of digital surveillance and harassment,
specify the type of technology or platform, including social
media, smart city technology, health tracking systems, general
surveillance technology, and data access, transfer, and storage
procedures, used by the countries for such actions.''.
SEC. 5. INTERAGENCY STRATEGY TO ADDRESS TRANSNATIONAL REPRESSION IN
UNITED STATES AND ABROAD.
(a) In General.--Not later than 270 days after the date of the
enactment of this Act, the Secretary of State, in coordination with the
heads of other appropriate Federal departments and agencies shall
submit a report to the Committee on Foreign Relations of the Senate,
the Committee on the Judiciary of the Senate, the Committee on Foreign
Affairs of the House of Representatives, and the Committee on the
Judiciary of the House of Representatives that contains a United States
strategy to promote initiatives that will--
(1) enhance international awareness of transnational
repression;
(2) address transnational repression, including through
raising the costs of such activities for perpetrating
governments and protecting targeted individuals and groups;
(3) conduct regular outreach (whether through government
agencies or civil society organizations) with diaspora
communities and other people who have been targeted by foreign
governments regarding the transnational threats they face
within the United States and around the world and the resources
available to them without putting them at further risk; and
(4) develop policy and programmatic-related responses based
on input from the communities and people referred to in
paragraph (3) and regularly seek and consider credible
information obtained by nongovernmental organizations working
on issues of transnational repression.
(b) Matters To Be Included.--
(1) Diplomacy.--The strategy required under subsection (a)
shall include--
(A) a plan developed in consultation with like-
minded partner governments, civil society, the business
community, and other entities for advancing and
promoting--
(i) the rule of law and human rights
globally with respect to the use of
surveillance technology and export licensing
policy regarding such technology; and
(ii) safeguards to prevent the access, use,
and storage of personal digital data by
governments and technology companies for the
purposes of transnational repression;
(B) public affairs, public diplomacy, and counter-
messaging efforts, including through the use of the
voice, vote, and influence of the United States at
international bodies--
(i) to promote awareness;
(ii) to develop a common understanding; and
(iii) to draw critical attention to and
oppose acts of transnational repression;
(C) a plan for establishing or strengthening
regional and international coalitions--
(i) to monitor cases of transnational
repression, including reprisals when human
rights defenders and other activists face
reprisals for engaging at multilateral
organizations, such as the United Nations; and
(ii) to create or strengthen emergency
alert mechanisms for key stakeholders within
the international community that can engage in
public or private diplomacy to address
emergency cases of transnational repression,
including cases involving individuals and their
family members who are at serious risk of
rendition, disappearance, unlawful deportation,
refoulement, or other actions;
(D) an analysis of the advantages and disadvantages
of working with partners and allies to push for the
establishment of a special rapporteur for transnational
repression at the United Nations; and
(E) a plan for engaging with diplomats and consular
officials who abuse their positions by intimidating,
threatening, attacking, or otherwise undermining the
human rights and fundamental freedoms of exiles and
members of diasporas in the United States.
(2) Assistance programming.--The strategy required under
subsection (a) shall include--
(A) ways in which the United States Government has
previously and will continue to provide support to
civil society organizations in the United States and in
countries in which transnational repression occurs--
(i) to improve the documentation,
investigation, and research of cases, trends,
and tactics of transnational repression,
including--
(I) any potential for misusing
security tools to target individual
dissidents, activists, or journalists;
and
(II) ramifications of transnational
repression in undermining United States
policy or assistance efforts to promote
internationally recognized human rights
and democracy overseas; and
(ii) to promote the transparency of the
host country decision-making processes,
including instances in which law enforcement
actions against victims of transnational
repression occurred because of INTERPOL red
notices or extradition treaties; and
(B) a description of new or existing emergency
assistance mechanisms, including the Fundamental
Freedoms Fund and the Lifeline Embattled CSO Assistance
Fund, to aid at-risk groups, communities, and
individuals, and victims of transnational repression in
the United States and in countries in which
transnational repression occurs to address--
(i) physical security installation and
support;
(ii) operational support of organizations
providing assistance to at-risk groups,
communities, and individuals;
(iii) psychosocial and psycho-emotional
support;
(iv) medical assistance, subject to the
limitations of the Foreign Assistance Act of
1961 (22 U.S.C. 2151 et seq.);
(v) digital security installation and
support;
(vi) support and training beyond basic
digital hygiene training, including emergency
response to cyberattacks and enhanced capacity
to deter surveillance and monitoring by
malicious actors;
(vii) relocation support;
(viii) legal advice and assistance; and
(ix) trainings to build on their existing
capacities so they can continue their activism.
(3) Law enforcement in the united states.--The strategy
required under subsection (a) shall include--
(A) the consideration of updates to United States
law to directly address certain tactics of
transnational repression, including--
(i) the criminalization of the gathering of
information about private individuals in
diaspora and exile communities on behalf of a
foreign power that is intending to harass,
intimidate, or harm an individual in order to
prevent their exercise of internationally
recognized human rights; and
(ii) the expansion of the definition of
foreign agents under the Foreign Registrations
Act of 1938 (22 U.S.C. 611 et seq.) and section
951 of title 18, United States Code;
(B) ways in which the Federal Bureau of
Investigation coordinates with the Department of State,
the Department of Homeland Security, United States
intelligence agencies, and domestic law enforcement
agencies in partner countries in responding to
transnational repression;
(C) full consideration of unintended negative
impacts of such expanded legal authorities on the civil
liberties of communities targeted by transnational
repression, taking into account the views of such
affected communities;
(D) the development of specific outreach strategies
to connect law enforcement, other agencies, and local
municipal officials with targeted diaspora communities
to ensure that individuals who are vulnerable to
transnational repression are aware of the Federal and
local resources available to them without putting them
at further risk; and
(E) examining and reviewing the steps taken to
address the legality of foreign governments
establishing overseas police stations to monitor
members of the diaspora.
(c) Additional Matters To Be Included.--In addition to the matters
set forth in subsection (b), the report required under subsection (a)
shall include--
(1) to the extent practicable, a list of--
(A) the governments that perpetrate transnational
repression most often and the host countries that such
governments are targeting most often;
(B) the host governments that cooperate most often
with the governments on transnational repression
actions referred to in subparagraph (A);
(C) any individuals, whether United States citizens
or foreign nationals, who are complicit in
transnational repression as agents of a foreign
government referred to in subparagraph (A) who are
operating in the United States;
(D) refugees, asylum seekers, and populations that
are most vulnerable to transnational repression in the
United States and, to the extent possible, in foreign
countries;
(E) entities that are exporting dual use spyware
technology to any of the governments referred to in
subparagraph (A);
(F) entities that are buying and selling personally
identifiable information that can be used to track and
surveil potential victims; and
(G) entities that are exporting items on the
Commerce Control List (as set forth in Supplement No. 1
to part 774 of the Export Administration Regulations
under subchapter C of chapter VII of title 15, Code of
Federal Regulations) to any governments referred to in
subparagraph (A) that can be misused for human rights
abuses;
(2) an assessment of how data that is purchased by
governments most often perpetrating transnational repression is
utilized; and
(3) a description of any actions taken by the United States
Government to address transnational repression under existing
law, including--
(A) section 212(a)(3)(C) of the Immigration and
Nationality Act (8 U.S.C. 1182(a)(3)(C));
(B) section 1263 of the Global Magnitsky Human
Rights Accountability Act (22 U.S.C. 2656 note);
(C) the interim final rule issued by the Bureau of
Industry and Security of the Department of Commerce
relating to ``Information Security Controls:
Cybersecurity Items'' (86 Fed. Reg. 58205; October 21,
2021; 87 Fed. Reg. 1670, effective March 7, 2022);
(D) section 7031(c) of the Department of State,
Foreign Operations, and Related Programs Appropriations
Act, 2020 (division G of Public Law 116-94; 8 U.S.C.
1182 note);
(E) prosecutions and the statutory authority
authorizing such prosecutions;
(F) establishing specific bureaucratic structures
focused on transnational repression;
(G) which agencies are conducting outreach to
victims of transnational repression and the form of
such outreach;
(H) the challenges of intelligence agencies in
identifying transnational repression threats and
perpetrators; and
(I) United States technology companies that
knowingly or unknowingly employ, or provide access to
information to, foreign intelligence officers.
(d) Form.--The report required under subsection (a) shall be
submitted in unclassified form, but may include a classified annex, if
necessary.
(e) Updates.--The Secretary of State shall provide the Committee on
Foreign Relations of the Senate and the Committee on Foreign Affairs of
the House of Representatives with annual updates of the strategy
required under subsection (a).
SEC. 6. TRAINING.
(a) Department of State Personnel.--
(1) In general.--In order to provide United States
diplomats and personnel stationed around the world with the
level of understanding to recognize and combat transnational
repression, the Secretary of State, in consultation with civil
society and the business community, shall provide training to
such members of the Foreign Service, including chiefs of
mission, regarding transnational repression, including training
on--
(A) how to identify different tactics of
transnational repression in physical and nonphysical
forms;
(B) which governments are known to employ
transnational repression most frequently;
(C) which governments are most likely to cooperate
with governments on transnational repression-related
actions referred to in subparagraph (B); and
(D) tools of digital surveillance and other cyber
tools used to carry out transnational repression
activities.
(2) Authorization of appropriations.--There is authorized
to be appropriated $1,000,000 for each of the fiscal years 2024
through 2027, to develop and implement the curriculum described
in paragraph (1).
(b) United States Officials Responsible for Domestic Threats of
Transnational Repression.--
(1) In general.--In order to achieve an adequate level of
understanding to recognize and combat transnational repression,
the Attorney General, in consultation with the Secretary of
Homeland Security, the Director of National Intelligence, civil
society, and the business community, shall provide the training
recipients referred to in paragraph (2) with training regarding
transnational repression, including training on--
(A) how to identify different tactics of
transnational repression in physical and nonphysical
forms;
(B) which governments are known to employ
transnational repression most frequently;
(C) which communities and locations in the United
States are most vulnerable to transnational repression;
(D) tools of digital surveillance and other cyber
tools used to carry out transnational repression
activities;
(E) espionage and foreign agent laws; and
(F) how foreign governments may try to co-opt the
immigration system.
(2) Training recipients.--The training recipients referred
to in this paragraph include, to the extent deemed appropriate
and necessary by their respective agency heads in the case of
any Federal employee--
(A) employees of--
(i) the Department of Homeland Security,
including U.S. Customs and Border Protection,
U.S. Citizenship and Immigration Services, and
U.S. Immigration and Customs Enforcement;
(ii) the Department of Justice, including
the Federal Bureau of Investigation; and
(iii) the Office of Refugee Resettlement of
the Department of Health and Human Services;
(B) other Federal, State, and local law enforcement
and municipal officials receiving instruction at the
Federal Law Enforcement Training Center; and
(C) appropriate private sector and community
partners of the Federal Bureau of Investigation.
(3) Authorization of appropriations.--There is authorized
to be appropriated $1,000,000 for each of the fiscal years 2024
through 2027, to develop and provide the curriculum and
training described in paragraph (1).
SEC. 7. INTELLIGENCE GATHERING.
The intelligence community (as defined in section 3 of the National
Security Act of 1947 (50 U.S.C. 3003)) shall devote significant
resources--
(1) to prioritize, to the extent feasible, the
identification of individuals, networks, and tools that are
used for perpetrating transnational repression against
communities in the United States on behalf of foreign
governments;
(2) to share relevant and appropriate information with
like-minded partners; and
(3) to effectively coordinate such efforts with the Federal
Bureau of Investigation, the Department of Homeland Security,
the Office of the Director of National Intelligence, and the
Department of State.
SEC. 8. DEPARTMENT OF HOMELAND SECURITY AND DEPARTMENT OF JUSTICE
INITIATIVES TO COMBAT TRANSNATIONAL REPRESSION IN THE
UNITED STATES.
(a) In General.--The Secretary of Homeland Security and the
Attorney General, in consultation with the Director of the Federal
Bureau of Investigation, shall--
(1) dedicate resources to ensure that a tip line for
victims and witnesses of transnational repression--
(A) is staffed by people who are--
(i) equipped with cultural and linguistic
ability to communicate effectively with
diaspora and exile communities; and
(ii) knowledgeable of the tactics of
transnational repression; and
(B) is encrypted and, to the maximum extent
practicable, protects the confidentiality of the
identifying information of individuals who may call the
tip line;
(2) not later than 270 days after the date of the enactment
of this Act--
(A) identify existing Federal resources to assist
and protect individuals and communities targeted by
transnational repression in the United States; and
(B) in cooperation with the Secretary of Health and
Human Services and the heads of other Federal agencies,
publish such resources in a toolkit or guide;
(3) continue to conduct proactive outreach so that
individuals in targeted communities--
(A) are aware of the tip line described in
paragraph (1); and
(B) are informed about the types of incidents that
should be reported to the Federal Bureau of
Investigation;
(4) support data collection and analysis undertaken by
Federal research and development centers regarding the needs of
targeted communities in the United States, with the goal of
identifying priority needs and developing solutions and
assistance mechanisms, while recognizing that such mechanisms
may differ depending on geographic location of targeted
communities, language, and other factors;
(5) continue to issue advisories to, and engage regularly
with, communities that are at particular risk of transnational
repression, including specific diaspora communities--
(A) to explain what transnational repression is and
clarify the threshold at which incidents of
transnational repression constitute a crime; and
(B) to identify the resources available to
individuals in targeted communities to facilitate their
reporting of, and to protect them from, transnational
repression, without placing such individuals at
additional risk; and
(6) conduct annual trainings with caseworker staff in
congressional offices regarding the tactics of transnational
repression and the resources available to their constituents.
(b) Authorization of Appropriations.--There is authorized to be
appropriated $1,000,000 for each of the fiscal years 2024 through 2027,
for the research, development, outreach, and training activities
described in subsection (a).
SEC. 9. IMPOSITION OF SANCTIONS RELATING TO TRANSNATIONAL REPRESSION.
(a) Definitions.--In this section:
(1) Admission; admitted; alien; lawfully admitted for
permanent residence.--The terms ``admission'', ``admitted'',
``alien'', and ``lawfully admitted for permanent residence''
have the meanings given such 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 Foreign Relations of the
Senate;
(B) the Committee on Banking, Housing, and Urban
Affairs of the Senate;
(C) the Committee on Foreign Affairs of the House
of Representatives; and
(D) the Committee on Financial Services of the
House of Representatives.
(3) Foreign person.--The term ``foreign person'' means an
individual or entity that is not a United States person.
(4) Transnational repression.--The term ``transnational
repression'' means actions of a foreign government, or agents
of a foreign government, involving the transgression of
national borders through physical, digital, or analog means to
intimidate, silence, coerce, harass, or harm members of
diaspora and exile communities in order to prevent their
exercise of internationally recognized human rights.
(5) 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;
(B) an entity organized under the laws of the
United States or the laws of any jurisdiction within
the United States, including a foreign branch of such
an entity; and
(C) any person who is physically present in the
United States.
(b) Report Required.--
(1) In general.--Not later than 180 days after the date of
the enactment of this Act, and not less frequently than
annually thereafter, the Secretary of State shall submit a
report to the appropriate congressional committees that, except
as provided in paragraph (2), identifies each foreign person
that the President determines has, on or after the date of the
enactment of this Act, whether knowingly or unknowingly,
directly engaged in transnational repression.
(2) Exception.--The report required under paragraph (1)
shall not identify individuals if such identification would
interfere with law enforcement efforts.
(3) Explanation.--If a foreign person identified in the
report required under paragraph (1) is not subject to sanctions
under section (c), the report shall explain, to the extent
practicable, the reasons such sanctions were not imposed on
such person.
(4) Form.--The report required under paragraph (1) shall be
submitted in unclassified form, but may include a classified
annex.
(c) Imposition of Sanctions.--Except as provided in subsection
(b)(3), the President shall impose 1 or more of the sanctions described
in subsection (d) with respect to each foreign person identified in the
report required under subsection (b)(1).
(d) Sanctions Described.--The sanctions described in this
subsection are the following:
(1) Property blocking.--The President shall exercise all of
the powers granted to the President under section 203 through
207 of the International Emergency Economic Powers Act (50
U.S.C. 1702 et seq.) to the extent necessary to block and
prohibit all transactions in property and interests in property
of a foreign person identified in the report required under
subsection (b)(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.
(2) Ineligibility for visas, admission, or parole.--
(A) Visas, admission, or parole.--An alien
described in subsection (b)(1) 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.).
(B) Current visas revoked.--
(i) In general.--An alien described in
subsection (b)(1) is subject to revocation of
any visa or other entry documentation of the
alien, regardless of when the visa or other
entry documentation is or was issued.
(ii) Immediate effect.--A revocation under
clause (i) shall, in accordance with section
221(i) of the Immigration and Nationality Act,
8 U.S.C. 1201(i)--
(I) take effect immediately; and
(II) automatically cancel any other
valid visa or entry documentation that
is in the alien's possession.
(e) Implementation; Penalties.--
(1) Implementation.--The President may exercise all
authorities provided under sections 203 and 205 of the
International Emergency Economic Powers Act (50 U.S.C. 1702 and
1704) to carry out this section.
(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 such section.
(f) Sanctions.--The President is authorized to impose sanctions as
provided under the Global Magnitsky Human Rights Accountability Act (22
U.S.C. 10101 et seq.) against any foreign person who the President,
based on credible evidence, determines is responsible for the rendition
of journalists, activists, or other individuals to a country in which
the person would be at risk of irreparable harm upon return, including
extrajudicial killings, torture, or other gross violations of
internationally recognized human rights.
(g) Waiver.--
(1) In general.--The President may waive the application of
sanctions authorized under this section with respect to a
foreign person if the President determines and certifies to the
appropriate congressional committees that such a waiver is in
the national interests of the United States.
(2) Annual report.--The President shall provide an annual
report to Congress that--
(A) lists every waiver granted under paragraph (1);
and
(B) provides a justification for each such waiver.
(h) Exceptions.--
(1) Exception for intelligence activities.--Sanctions under
this section shall not apply to any activity subject to the
reporting requirements under title V of the National Security
Act of 1947 (50 U.S.C. 3091 et seq.) or any authorized
intelligence activities of the United States.
(2) Exception to comply with international obligations and
for law enforcement activities.--Sanctions under subsection
(d)(2) shall not apply with respect to an alien if admitting or
paroling the alien into the United States is necessary--
(A) 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; or
(B) to carry out or assist law enforcement activity
in the United States.
(3) Exception relating to importation of goods.--
(A) In general.--The requirement to impose
sanctions under this section shall not include the
authority or a requirement to impose sanctions on the
importation of goods.
(B) Good defined.--In this paragraph, the term
``good'' means any article, natural or manmade
substance, material, supply, or manufactured product,
including inspection and test equipment, and excluding
technical data.
(i) Sunset.--This section, and any sanctions imposed under this
section, shall terminate on the date that is 5 years after the date of
the enactment of this Act.
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