I 

116TH CONGRESS 

1ST SESSION H. R. 526 

To promote free and fair elections, political freedoms, and human rights 

in Cambodia, and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

JANUARY 11, 2019 

Mr. YOHO (for himself, Mr. MCCAUL, and Mr. ENGEL) introduced the following bill; which was referred to the Committee on Foreign Affairs, and 

in addition to the Committee on the Judiciary, 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 promote free and fair elections, political freedoms, and 

human rights in Cambodia, and for other purposes. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Cambodia Democracy 

5 Act of 2019’’. 

6 SEC. 2. FINDINGS. 

7 Congress finds the following: 

8 (1) Prime Minister Hun Sen has been in power 

9 in Cambodia since 1985 and is the longest-serving 


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1 leader in Southeast Asia. Despite decades of inter2 national attention and assistance to promote a plu3 ralistic, multi-party democratic system in Cambodia, 

4 the Government of Cambodia continues to be 

5 undemocratically dominated by the ruling Cambodia 

6 People’s Party (CPP), which controls every agency 

7 and security apparatus of the state. 

8 (2) In 2015, the CPP-controlled parliament 

9 passed the ‘‘Law on Associations and Non-Govern10 mental Organizations’’, which gave the government 

11 sweeping powers to revoke the registration of NGOs 

12 that the government believed to be operating with a 

13 political bias in a blatant attempt to restrict the le14 gitimate work of civil society. On August 23, 2017, 

15 Cambodia’s Ministry of Foreign Affairs ordered the 

16 closure of the National Democratic Institute and the 

17 expulsion of its foreign staff. On September 15, 

18 2017, Prime Minister Hun Sen called for the with19 drawal of all volunteers from the United States 

20 Peace Corps, which has operated in Cambodia since 

21 2006 with 500 United States volunteers providing 

22 English language and healthcare training. 

23 (3) The Government of Cambodia has taken 

24 several measures to restrict its media environment, 

25 especially through politicized tax investigations 


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1 against independent media outlets that resulted in 

2 the closure of The Cambodian Daily and Radio Free 

3 Asia in early September 2017. Additionally, the Gov4 ernment of Cambodia has ordered several radio sta5 tions to stop the broadcasting of Radio Free Asia 

6 and Voice of America programming. 

7 (4) On September 3, 2017, Kem Sokha, the 

8 President of the Cambodia National Rescue Party 

9 (CNRP), was arrested on politically motivated 

10 charges, including treason and conspiring to over11 throw the Government of Cambodia, and faces up to 

12 30 years in prison. The CNRP’s previous leader, 

13 Sam Rainsy, remains in exile. On November 16, 

14 2017, Cambodia’s Supreme Court dissolved the 

15 CNRP, eliminating the primary opposition party. 

16 (5) Each of the six elections that have taken 

17 place in Cambodia since 1991 were conducted in cir18 cumstances that were not free and fair, and were 

19 marked by fraud, intimidation, violence, and the gov20 ernment’s misuse of legal mechanisms to weaken op21 position candidates and parties. 

22 (6) In the most recent general election in July 

23 2018, following the dissolution of the CNRP, the 

24 CPP secured every parliamentary seat, an electoral 

25 victory that a statement from the White House 


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1 Press Secretary stated was ‘‘neither free nor fair 

2 and failed to represent the will of the Cambodian 

3 people’’. 

4 (7) The United States is committed to pro5 moting democracy, human rights, and the rule of 

6 law in Cambodia. The United States continues to 

7 urge the Government of Cambodia to immediately 

8 release Mr. Kem Sokha, reinstate the political status 

9 of the CNRP and restore its elected seats in the Na10 tional Assembly, and support electoral reform efforts 

11 in Cambodia with free and fair elections monitored 

12 by international observers. 

13 SEC. 3. SANCTIONS RELATING TO UNDERMINING DEMOC14 RACY IN CAMBODIA. 

15 (a) DESIGNATION OF PERSONS RESPONSIBLE FOR

16 UNDERMINING DEMOCRACY IN CAMBODIA.—Not later 

17 than 180 days after the date of the enactment of this Act, 

18 the President shall apply the sanctions described in sub19 section (b) on— 

20 (1) each senior official of the government, mili21 tary, or security forces of Cambodia that the Presi22 dent determines has directly and substantially un23 dermined democracy in Cambodia; 

24 (2) each senior official of the government, mili25 tary, or security forces of Cambodia that the PresiVerDate Sep 11 2014 01:21 Jan 26, 2019 Jkt 089200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\H526.IH H526

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1 dent determines has committed or directed serious 

2 human rights violations associated with undermining 

3 democracy in Cambodia; and 

4 (3) entities owned or controlled by senior offi5 cials of the government, military, or security forces 

6 of Cambodia described in paragraphs (1) and (2). 

7 (b) SANCTIONS DESCRIBED.— 

8 (1) ASSET BLOCKING.—The President shall ex9 ercise all of the powers granted to the President 

10 under the International Emergency Economic Pow11 ers Act (50 U.S.C. 1701 et seq.) to the extent nec12 essary to block and prohibit all transactions in prop13 erty and interests in property of a person designated 

14 under subsection (a) if such property and interests 

15 in property are in the United States, come within 

16 the United States, or are or come within the posses17 sion or control of a United States person. 

18 (2) VISA RESTRICTIONS.— 

19 (A) IN GENERAL.—The Secretary of State, 

20 in consultation with the Secretary of Homeland 

21 Security, shall continue to implement the policy 

22 announced by the Department of State on De23 cember 6, 2017, to restrict entry into the 

24 United States of persons involved in underVerDate Sep 11 2014 01:21 Jan 26, 2019 Jkt 089200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\H526.IH H526

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1 mining democracy in Cambodia, including any 

2 person designated under subsection (a). 

3 (B) EXCEPTION FOR MULTILATERAL AC4 TIVITIES.—Persons otherwise restricted from 

5 entry into the United States under this section 

6 may be admitted if such admission is necessary 

7 to comply with United States obligations under 

8 the Agreement between the United Nations and 

9 the United States of America regarding the 

10 Headquarters of the United Nations, signed at 

11 Lake Success June 26, 1947, and entered into 

12 force November 21, 1947, or under the Conven13 tion on Consular Relations, done at Vienna 

14 April 24, 1963, and entered into force March 

15 19, 1967, or other applicable international obli16 gations of the United States. 

17 (3) PENALTIES.—The penalties provided for in 

18 subsections (b) and (c) of section 206 of the Inter19 national Emergency Economic Powers Act (50 

20 U.S.C. 1705) shall apply to a person that violates, 

21 attempts to violate, conspires to violate, or causes a 

22 violation of paragraph (1) to the same extent that 

23 such penalties apply to a person that commits an 

24 unlawful act described in subsection (a) of such sec25 tion 206. 


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1 (c) LIST OF DESIGNATED PERSONS.— 

2 (1) IN GENERAL.—Not later than 180 days 

3 after the date of the enactment of this Act, the 

4 President shall transmit to the appropriate congres5 sional committees a list of persons designated under 

6 subsection (a). 

7 (2) UPDATES.—The President shall transmit to 

8 the appropriate congressional committees updated 

9 lists under paragraph (1) as new information be10 comes available. 

11 (d) IMPLEMENTATION.—The President may exercise 

12 all authorities provided under sections 203 and 205 of the 

13 International Emergency Economic Powers Act (50 

14 U.S.C. 1702 and 1704) to carry out this section. 

15 (e) WAIVER.—The President may waive the applica16 tion of sanctions described in subsection (b) with respect 

17 to a person designated under subsection (a) if the Presi18 dent determines and certifies to the appropriate congres19 sional committees that such waiver is in the national inter20 est of the United States. 

21 SEC. 4. SUSPENSION OF SANCTIONS. 

22 (a) SUSPENSION.—The sanctions described in section 

23 3 may be suspended for up to 1-year upon certification 

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1 tees that Cambodia is making meaningful progress toward 

2 the following: 

3 (1) Ending government efforts to undermine 

4 democracy. 

5 (2) Ending human rights violations associated 

6 with undermining democracy. 

7 (3) Conducting free and fair elections which 

8 allow for the active participation of credible opposi9 tion candidates. 

10 (b) RENEWAL OF SUSPENSION.—The suspension de11 scribed in subsection (a) may be renewed for additional, 

12 consecutive-day periods if the President certifies to the ap13 propriate congressional committees that Cambodia is con14 tinuing to make meaningful progress towards satisfying 

15 the conditions described in such subsection during the pre16 vious year. 

17 SEC. 5. SUNSET. 

18 This Act shall terminate on the date that is 5 years 

19 after the date of the enactment of this Act. 

20 SEC. 6. DEFINITIONS. 

21 In this Act: 

22 (1) APPROPRIATE CONGRESSIONAL COMMIT23 TEES.—The term ‘‘appropriate congressional com24 mittees’’ means the Committee on Foreign Affairs 

25 and the Committee on Financial Services of the 


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1 House of Representatives, and the Committee on 

2 Foreign Relations and the Committee on Banking, 

3 Housing, and Urban Affairs of the Senate. 

4 (2) PERSON.— 

5 (A) IN GENERAL.—The term ‘‘person’’ 

6 means— 

7 (i) a natural person; or 

8 (ii) a corporation, business associa9 tion, partnership, society, trust, financial 

10 institution, insurer, underwriter, guar11 antor, and any other business organization, 

12 any other nongovernmental entity, organi13 zation, or group, and any governmental en14 tity operating as a business enterprise or 

15 any successor to any entity described in 

16 this clause. 

17 (B) APPLICATION TO GOVERNMENTAL EN18 TITIES.—The term ‘‘person’’ does not include a 

19 government or governmental entity that is not 

20 operating as a business enterprise. 

21 (3) UNITED STATES PERSON.—The term 

22 ‘‘United States person’’ means— 

23 (A) a United States citizen or an alien law24 fully admitted for permanent residence to the 

25 United States; or 


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1 (B) an entity organized under the laws of 

2 the United States or of any jurisdiction of the 

3 United States, including a foreign branch of 

4 such an entity. 

Æ 


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