[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 1768 Introduced in Senate (IS)]
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118th CONGRESS
1st Session
S. 1768
To impose sanctions with respect to the Taliban, and for other
purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
May 31 (legislative day, May 30), 2023
Mr. Risch (for himself, Mr. Cassidy, Mr. Boozman, Mrs. Capito, Mr.
Ricketts, Mr. Braun, Mr. Scott of Florida, Mr. Budd, Mr. Hoeven, Ms.
Ernst, Mr. Graham, Ms. Collins, Mr. Young, Mr. Cornyn, Mr. Rubio, Mr.
Thune, Mr. Tillis, Mr. Lankford, and Mr. Cruz) introduced the following
bill; which was read twice and referred to the Committee on Foreign
Relations
_______________________________________________________________________
A BILL
To impose sanctions with respect to the Taliban, 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 ``Taliban Sanctions Act of 2023''.
SEC. 2. DEFINITIONS.
In this Act:
(1) Admission; admitted; alien.--The terms ``admission'',
``admitted'', and ``alien'' have the meanings given those terms
in section 101 of the Immigration and Nationality Act (8 U.S.C.
1101).
(2) Agricultural commodity.--The term ``agricultural
commodity'' has the meaning given that term in section 102 of
the Agricultural Trade Act of 1978 (7 U.S.C. 5602).
(3) Appropriate congressional committees.--The term
``appropriate congressional committees'' means--
(A) the Committee on Foreign Relations and the
Committee on Banking, Housing, and Urban Affairs of the
Senate; and
(B) the Committee on Foreign Affairs and the
Committee on Financial Services of the House of
Representatives.
(4) Foreign person.--The term ``foreign person'' means a
person that is not a United States person.
(5) Medical device.--The term ``medical device'' has the
meaning given the term ``device'' in section 201 of the Federal
Food, Drug, and Cosmetic Act (21 U.S.C. 321).
(6) Medicine.--The term ``medicine'' has the meaning given
the term ``drug'' in section 201 of the Federal Food, Drug, and
Cosmetic Act (21 U.S.C. 321).
(7) United states person.--The term ``United States
person'' means--
(A) a citizen of the United States 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 any jurisdiction within the United
States, including a foreign branch of such entity.
SEC. 3. IMPOSITION OF SANCTIONS WITH RESPECT TO TERRORISM, HUMAN RIGHTS
ABUSES, AND NARCOTICS TRAFFICKING COMMITTED BY THE
TALIBAN AND OTHERS IN AFGHANISTAN.
(a) Sanctions Relating to Support for Terrorism.--In addition to
authorities under Executive Order 13224 (50 U.S.C. 1701 note; relating
to blocking property and prohibiting transactions with persons who
commit, threaten to commit, or support terrorism) under which the
President has designated the Taliban and the Haqqani Network as
specially designated global terrorist groups and section 219 of the
Immigration and Nationality Act (8 U.S.C. 1189) under which the
President has designated the Haqqani Network as a foreign terrorist
organization, the President shall impose the sanctions described in
subsection (d) with respect to a foreign person, including a member of
the Taliban, if the President determines that the person, on or after
the date that is 90 days after the date of the enactment of this Act,
is knowingly responsible for, complicit in, or has directly or
indirectly provided financial, material, or technological support for,
or financial or other services in support of, a terrorist group
operating in Afghanistan.
(b) Sanctions Relating to Human Rights Abuses.--The President shall
impose the sanctions described in subsection (d) with respect to a
foreign person, including a member of the Taliban, if the President
determines that the person, on or after the date that is 90 days after
the date of the enactment of this Act, is responsible for, complicit
in, or has directly or indirectly engaged in, serious human rights
abuses in Afghanistan.
(c) Sanctions Relating to Drug Trafficking.--The President shall
impose the sanctions described in subsection (d) with respect to a
foreign person, including a member of the Taliban, if the President
determines that the person, on or after the date that is 90 days after
the date of the enactment of this Act, knowingly--
(1) plays a significant role in international narcotics
trafficking in Afghanistan; or
(2) provides significant financial, material, or
technological support for, or significant financial or other
services to or in support of, any person described in paragraph
(1).
(d) Sanctions Described.--The sanctions described in this
subsection are the following:
(1) Property blocking.--The exercise of all of the powers
granted to the President under the International Emergency
Economic Powers Act (50 U.S.C. 1701 et seq.) to the extent
necessary to block and prohibit all transactions in property
and interests in property of a foreign person described in
subsection (a), (b), or (c) if such property and interests in
property are in the United States, come within the United
States, 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 (a), (b), or (c) shall be--
(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.--The visa or other entry
documentation of any alien described in
subsection (a), (b), or (c) is subject to
revocation regardless of the issue date of the
visa or other entry documentation.
(ii) Immediate effect.--A revocation under
clause (i) shall--
(I) take effect immediately; and
(II) cancel any other valid visa or
entry documentation that is in the
possession of the alien.
SEC. 4. SUPPORT FOR MULTILATERAL SANCTIONS WITH RESPECT TO THE TALIBAN.
(a) Voice and Vote at United Nations.--The Secretary of State shall
use the voice and vote of the United States at the United Nations to
maintain the sanctions with respect to the Taliban described in and
imposed pursuant to United Nations Security Council Resolution 1988
(2011) and United Nations Security Council Resolution 2255 (2015).
(b) Engagement With Allies and Partners.--The Secretary of State
shall, acting through the Office of Sanctions Coordination established
under section 1(h) of the State Department Basic Authorities Act of
1956 (22 U.S.C. 2651a(h)), engage with the governments of allies and
partners of the United States to promote their use of sanctions with
respect to the Taliban, particularly for any support for terrorism,
serious human rights abuses, or international narcotics trafficking.
SEC. 5. IMPLEMENTATION; PENALTIES.
(a) 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 Act.
(b) Penalties.--A person that violates, attempts to violate,
conspires to violate, or causes a violation of this Act or any
regulation, license, or order issued to carry out this Act 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) Briefing on Implementation of Sanctions.--
(1) In general.--Not later than 90 days after the date of
the enactment of this Act, and every 90 days thereafter through
December 31, 2026, the Secretary of State and the Secretary of
the Treasury shall jointly brief the appropriate congressional
committees on the implementation of sanctions under this Act.
(2) Elements.--Each briefing required under paragraph (1)
shall include the following:
(A) A description of the number and identity of
foreign persons with respect to which sanctions were
imposed under section 3 during the 90-day period
preceding submission of the report and a brief
justification for the imposition of those sanctions
with respect to each such person.
(B) A description of the efforts of the United
States Government to maintain sanctions with respect to
the Taliban at the United Nations pursuant to section
4(a) during that period.
(C) A description of the impact of sanctions
imposed under section 3 on the behavior of the Taliban,
other groups, and other foreign governments during that
period.
(D) A description of--
(i) the impact of sanctions imposed under
section 3 on Afghan civilians, particularly
women and girls; and
(ii) the extent to which those sanctions
affect the delivery of humanitarian,
peacebuilding, education, and other development
assistance to the Afghan people.
SEC. 6. WAIVERS; EXCEPTIONS; SUSPENSION.
(a) Waiver.--
(1) In general.--The President may waive the application of
sanctions under this Act with respect to a foreign person if
the President, not later than 10 days before the waiver is to
take effect, determines and certifies to the appropriate
congressional committees that such waiver is in the national
security interest of the United States.
(2) Detailed justification.--The President shall submit
with each certification in connection with a waiver under
paragraph (1) a detailed justification in writing explaining
the reasons for the waiver.
(b) Exceptions.--
(1) Exception for intelligence activities.--Sanctions under
this Act 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 section
3(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 authorities and requirements
to impose sanctions under this Act 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 man-made
substance, material, supply, or manufactured product,
including inspection and test equipment, and excluding
technical data.
(c) Suspension of Sanctions.--
(1) Suspension.--The Secretary of State, in consultation
with the Director of National Intelligence and the Secretary of
the Treasury, may suspend the imposition of sanctions under
this Act if the Secretary of State certifies in writing to the
appropriate congressional committees that the Taliban has--
(A) publicly and privately broken all ties with
other terrorist groups, including al Qaeda;
(B) taken verifiable measures to prevent the use of
Afghanistan as a platform for terrorist attacks against
the United States or partners or allies of the United
States, including by denying sanctuary space, transit
of Afghan territory, and use of Afghanistan for
terrorist training, planning, or equipping;
(C) provided humanitarian actors with full,
unimpeded access to vulnerable populations throughout
Afghanistan without interference or diversion;
(D) respected freedom of movement, including by
facilitating the departure of foreign nationals,
applicants for the special immigrant visa program, and
other at-risk Afghans by air or land routes, and the
safe, voluntary, and dignified return of displaced
persons; and
(E) supported the establishment of an inclusive
government of Afghanistan that respects the rule of
law, press freedom, and internationally recognized
human rights, including the rights of women and girls.
(2) Report required.--
(A) In general.--The Secretary of State shall
submit to the appropriate congressional committees with
any certification under paragraph (1) a report
addressing in detail each of the criteria for the
suspension of sanctions under paragraph (1).
(B) Form of report.--Each report submitted under
subparagraph (A) shall be submitted in unclassified
form.
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