[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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