118 HR 5613 IH: Sanctions Lists Harmonization Act
U.S. House of Representatives
2023-09-20
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I
118th CONGRESS
1st Session
H. R. 5613
IN THE HOUSE OF REPRESENTATIVES
September 20, 2023
Mr. Waltz introduced the following bill; which was referred to the Committee on Foreign Affairs, and in addition to the Committee on Armed Services, 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 require a review of whether individuals or entities subject to the imposition of certain sanctions through inclusion on certain sanctions lists should also be subject to the imposition of other sanctions and included on other sanctions lists.
1.

Short title
This Act may be cited as the “Sanctions Lists Harmonization Act”.
2.

Requirements to include individuals and entities subject to United States sanctions on certain other sanctions lists
(a)

Notification to other Federal officials
Not later than 30 days after the date on which an individual or entity is included on one of the lists described in subsection (d), the Federal official responsible for administering such list shall notify the Federal officials responsible for administering the other lists described in subsection (d) of the inclusion of the individual or entity on such list.
(b)

Determination and other requirements of other Federal official
(1)

In general
Not later than 60 days after the date on which a Federal official receives a notification under subsection (a) of the inclusion of an individual or entity on one of the lists described in subsection (d), such Federal official shall—
(A)
conduct a review and make a determination of whether to include such individual or entity on such other lists; and
(B)
make available to the public, including by publishing in the Federal Register, the determination made under subparagraph (A).
(2)

Advance congressional notification
(A)

In general
In the case of a determination under paragraph (1)(A) not to include an individual or entity on such other lists, the Federal official shall, not later than 7 days after making the determination, submit the determination to the appropriate congressional committees, including a justification for why the individual or entity did not meet the eligibility criteria for inclusion on such other list.
(B)

Form
A notification required under this paragraph shall be submitted in unclassified form, but may contain a classified annex.
(3)

Additional review
In the case of a determination under paragraph (1)(A) not to include an individual or entity on such other lists, the Federal official shall, not later than 1 year after making the determination, conduct an additional review to determine if the individual or entity should be included on such other lists, particularly if there is a material change in the activities of the individual or entity.
(c)

Congressional notifications for determinations not To list new individuals and entities
(1)

Notification to congress
(A)

In general
Not later than 30 days after the date on which a Federal agency, department, or office first conducts deliberations regarding the designation of a new individual or entity on any list described in subsection (d) and determines not to designate that individual or entity, the Federal official responsible for administering such list shall notify the appropriate congressional committees of such negative determination and include with such notification—
(i)
an identification of the nondesignated individual or entity by name;
(ii)
an articulation of the reasons that the individual or entity was initially considered for designation; and
(iii)
a full explanation and justification for the subsequent determination that the individual or entity did not meet the eligibility criteria for designation on the applicable list.
(B)

Form
A notification required under this paragraph shall be submitted in unclassified form, but may contain a classified annex.
(2)

Deliberation defined
For purposes of the notifications under this subsection, the term “deliberation” includes any meeting where a Federal Government official with the power to place an individual or an entity on one of the lists described in section 2(c) reviews the potential designation with one or more executive branch counterparts for a conclusive decision.
(d)

Lists described
The lists described in this subsection are the following:
(1)
The list of specially designated nationals and blocked persons maintained by the Office of Foreign Assets Control of the Department of the Treasury.
(2)
The list maintained and set forth in Supplement No. 4 to part 744 of the Export Administration Regulations (commonly known as the “Entity List”).
(3)
The Department of Defense’s list maintained and published under section 1237 of the Strom Thurmond National Defense Authorization Act for Fiscal Year 1999 (50 U.S.C. 1701 note).
(4)
The Department of Defense’s list maintained and published under 1260H of the William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021 (10 U.S.C. 113 note).
(5)
The Non-SDN Chinese Military-Industrial Complex Companies (NS–CMIC) List of the Office of Foreign Assets Control of the Department of the Treasury.
(6)
The Sectoral Sanctions List of the Office of Foreign Assets Control of the Department of the Treasury.
(7)
The Unverified List of the Bureau of Industry and Security of the Department of Commerce.
(8)
The Military End User List of the Bureau of Industry and Security of the Department of Commerce.
(e)

Definitions
In this section:
(1)

Appropriate congressional committees
The term “appropriate congressional committees” means—
(A)
the Committee on Armed Services, the Permanent Select Committee on Intelligence, the Committee on Foreign Affairs, and the Committee on Financial Services of the House of Representatives; and
(B)
the Committee on Armed Services, the Select Committee on Intelligence, the Committee on Foreign Relations, and the Committee on Finance of the Senate.
(2)

Export Administration Regulations
The term “Export Administration Regulations” means the regulations set forth in subchapter C of chapter VII of title 15, Code of Federal Regulations, or successor regulations.