IIB 

116TH CONGRESS 

1ST SESSION H. R. 526 

IN THE SENATE OF THE UNITED STATES 

JULY 16, 2019 

Received; read twice and referred to the Committee on Foreign Relations 

AN ACT 

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, 


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1 SECTION 1. SHORT TITLE. 

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

3 Act of 2019’’. 

4 SEC. 2. FINDINGS. 

5 Congress finds the following: 

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

7 in Cambodia since 1985 and is the longest-serving 

8 leader in Southeast Asia. Despite decades of inter9 national attention and assistance to promote a plu10 ralistic, multi-party democratic system in Cambodia, 

11 the Government of Cambodia continues to be 

12 undemocratically dominated by the ruling Cambodia 

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

14 and security apparatus of the state. 

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

16 passed the ‘‘Law on Associations and Non-Govern17 mental Organizations’’, which gave the government 

18 sweeping powers to revoke the registration of NGOs 

19 that the government believed to be operating with a 

20 political bias in a blatant attempt to restrict the le21 gitimate work of civil society. On August 23, 2017, 

22 Cambodia’s Ministry of Foreign Affairs ordered the 

23 closure of the National Democratic Institute and the 

24 expulsion of its foreign staff. On September 15, 

25 2017, Prime Minister Hun Sen called for the with26 drawal of all volunteers from the United States 


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1 Peace Corps, which has operated in Cambodia since 

2 2006 with 500 United States volunteers providing 

3 English language and healthcare training. 

4 (3) The Government of Cambodia has taken 

5 several measures to restrict its media environment, 

6 especially through politicized tax investigations 

7 against independent media outlets that resulted in 

8 the closure of The Cambodian Daily and Radio Free 

9 Asia in early September 2017. Additionally, the Gov10 ernment of Cambodia has ordered several radio sta11 tions to stop the broadcasting of Radio Free Asia 

12 and Voice of America programming. 

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

14 President of the Cambodia National Rescue Party 

15 (CNRP), was arrested on politically motivated 

16 charges, including treason and conspiring to over17 throw the Government of Cambodia, and faces up to 

18 30 years in prison. The CNRP’s previous leader, 

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

20 2017, Cambodia’s Supreme Court dissolved the 

21 CNRP, eliminating the primary opposition party. 

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

23 place in Cambodia since 1991 were conducted in cir24 cumstances that were not free and fair, and were 

25 marked by fraud, intimidation, violence, and the govVerDate Sep 11 2014 22:58 Jul 16, 2019 Jkt 089200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\H526.RFS H526

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1 ernment’s misuse of legal mechanisms to weaken op2 position candidates and parties. 

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

4 2018, following the dissolution of the CNRP, the 

5 CPP secured every parliamentary seat, an electoral 

6 victory that a statement from the White House 

7 Press Secretary stated was ‘‘neither free nor fair 

8 and failed to represent the will of the Cambodian 

9 people’’. 

10 (7) The United States is committed to pro11 moting democracy, human rights, and the rule of 

12 law in Cambodia. The United States continues to 

13 urge the Government of Cambodia to immediately 

14 release Mr. Kem Sokha, reinstate the political status 

15 of the CNRP and restore its elected seats in the Na16 tional Assembly, and support electoral reform efforts 

17 in Cambodia with free and fair elections monitored 

18 by international observers. 

19 SEC. 3. SANCTIONS RELATING TO UNDERMINING DEMOC20 RACY IN CAMBODIA. 

21 (a) DESIGNATION OF PERSONS RESPONSIBLE FOR

22 UNDERMINING DEMOCRACY IN CAMBODIA.— 

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

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


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1 President shall designate and transmit to the appro2 priate congressional committees a list of— 

3 (A) each senior official of the government, 

4 military, or security forces of Cambodia who the 

5 President determines has directly and substan6 tially undermined democracy in Cambodia; 

7 (B) each senior official of the government, 

8 military, or security forces of Cambodia who the 

9 President determines has committed or directed 

10 serious human rights violations associated with 

11 undermining democracy in Cambodia; and 

12 (C) entities owned or controlled by senior 

13 officials of the government, military, or security 

14 forces of Cambodia described in subparagraphs 

15 (A) and (B). 

16 (2) IMPOSITION OF SANCTIONS.—The President 

17 shall impose the sanctions described in subsection 

18 (b) on each foreign person designated pursuant to 

19 paragraph (1). 

20 (3) UPDATES.—The President shall transmit to 

21 the appropriate congressional committees updated 

22 lists under paragraph (1) as new information be23 comes available. 

24 (b) SANCTIONS DESCRIBED.—The sanctions de25 scribed in this subsection are the following: 


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1 (1) ASSET BLOCKING.—The President shall ex2 ercise all of the powers granted to the President 

3 under the International Emergency Economic Pow4 ers Act (50 U.S.C. 1701 et seq.) to the extent nec5 essary to block and prohibit all transactions in prop6 erty and interests in property of a foreign person 

7 designated under subsection (a) if such property and 

8 interests in property are in the United States, come 

9 within the United States, or are or come within the 

10 possession or control of a United States person. 

11 (2) INADMISSIBILITY OF CERTAIN INDIVID12 UALS.— 

13 (A) INELIGIBILITY FOR VISAS AND ADMIS14 SION TO THE UNITED STATES.—A foreign per15 son designated under subsection (a) is— 

16 (i) inadmissible to the United States; 

17 (ii) ineligible to receive a visa or other 

18 documentation to enter the United States; 

19 and 

20 (iii) otherwise ineligible to be admitted 

21 or paroled into the United States or to re22 ceive any other benefit under the Immigra23 tion and Nationality Act (8 U.S.C. 1101 et 

24 seq.). 


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1 (B) CURRENT VISAS REVOKED.—A foreign 

2 person designated under subsection (a) is sub3 ject to the following: 

4 (i) Revocation of any visa or other 

5 entry documentation regardless of when 

6 the visa or other entry documentation is or 

7 was issued. 

8 (ii) A revocation under clause (i) 

9 shall— 

10 (I) take effect immediately; and 

11 (II) automatically cancel any 

12 other valid visa or entry documenta13 tion that is in the foreign person’s 

14 possession. 

15 (C) EXCEPTION TO COMPLY WITH INTER16 NATIONAL OBLIGATIONS.—Sanctions under this 

17 paragraph shall not apply with respect to a for18 eign person if admitting or paroling the person 

19 into the United States is necessary to permit 

20 the United States to comply with the Agree21 ment regarding the Headquarters of the United 

22 Nations, signed at Lake Success June 26, 

23 1947, and entered into force November 21, 

24 1947, between the United Nations and the 


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1 United States, or other applicable international 

2 obligations. 

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

4 subsections (b) and (c) of section 206 of the Inter5 national Emergency Economic Powers Act (50 

6 U.S.C. 1705) shall apply to a foreign person that 

7 violates, attempts to violate, conspires to violate, or 

8 causes a violation of paragraph (1) to the same ex9 tent that such penalties apply to a person that com10 mits an unlawful act described in subsection (a) of 

11 such section 206. 

12 (c) IMPLEMENTATION.—The President may exercise 

13 all authorities provided under sections 203 and 205 of the 

14 International Emergency Economic Powers Act (50 

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

16 (d) WAIVER.—The President may waive the applica17 tion of sanctions described in subsection (b) with respect 

18 to a person designated under subsection (a) if the Presi19 dent determines and certifies to the appropriate congres20 sional committees that such waiver is in the national inter21 est of the United States. 

22 (e) EXCEPTION RELATING TO IMPORTATION OF

23 GOODS.— 

24 (1) IN GENERAL.—The authorities and require25 ments to impose sanctions authorized under this Act 


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1 shall not include the authority or requirement to im2 pose sanctions on the importation of goods. 

3 (2) GOOD DEFINED.—In this subsection, the 

4 term ‘‘good’’ means any article, natural or man5 made substance, material, supply or manufactured 

6 product, including inspection and test equipment, 

7 and excluding technical data. 

8 SEC. 4. SUSPENSION OF SANCTIONS. 

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

10 3 may be suspended for up to 1-year upon certification 

11 by the President to the appropriate congressional commit12 tees that Cambodia is making meaningful progress toward 

13 the following: 

14 (1) Ending government efforts to undermine 

15 democracy. 

16 (2) Ending human rights violations associated 

17 with undermining democracy. 

18 (3) Conducting free and fair elections which 

19 allow for the active participation of credible opposi20 tion candidates. 

21 (b) RENEWAL OF SUSPENSION.—The suspension de22 scribed in subsection (a) may be renewed for additional, 

23 consecutive-day periods if the President certifies to the ap24 propriate congressional committees that Cambodia is con25 tinuing to make meaningful progress towards satisfying 


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1 the conditions described in such subsection during the pre2 vious year. 

3 SEC. 5. DETERMINATION OF BUDGETARY EFFECTS. 

4 The budgetary effects of this Act, for the purpose of 

5 complying with the Statutory Pay-As-You-Go Act of 2010, 

6 shall be determined by reference to the latest statement 

7 titled ‘‘Budgetary Effects of PAYGO Legislation’’ for this 

8 Act, submitted for printing in the Congressional Record 

9 by the Chairman of the House Budget Committee, pro10 vided that such statement has been submitted prior to the 

11 vote on passage. 

12 SEC. 6. SUNSET. 

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

14 after the date of the enactment of this Act. 

15 SEC. 7. DEFINITIONS. 

16 In this Act: 

17 (1) APPROPRIATE CONGRESSIONAL COMMIT18 TEES.—The term ‘‘appropriate congressional com19 mittees’’ means the Committee on Foreign Affairs 

20 and the Committee on Financial Services of the 

21 House of Representatives, and the Committee on 

22 Foreign Relations and the Committee on Banking, 

23 Housing, and Urban Affairs of the Senate. 

24 (2) PERSON.— 


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

2 means— 

3 (i) a natural person; or 

4 (ii) a corporation, business associa5 tion, partnership, society, trust, financial 

6 institution, insurer, underwriter, guar7 antor, and any other business organization, 

8 any other nongovernmental entity, organi9 zation, or group, and any governmental en10 tity operating as a business enterprise or 

11 any successor to any entity described in 

12 this clause. 

13 (B) APPLICATION TO GOVERNMENTAL EN14 TITIES.—The term ‘‘person’’ does not include a 

15 government or governmental entity that is not 

16 operating as a business enterprise. 

17 (3) UNITED STATES PERSON.—The term 

18 ‘‘United States person’’ means— 

19 (A) a United States citizen or an alien law20 fully admitted for permanent residence to the 

21 United States; or 

22 (B) an entity organized under the laws of 

23 the United States or of any jurisdiction of the 


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1 United States, including a foreign branch of 

2 such an entity. 

Passed the House of Representatives July 15, 2019. 

Attest: CHERYL L. JOHNSON, 

Clerk. 


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