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[Congressional Bills 114th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4264 Introduced in House (IH)]

<DOC>

114th CONGRESS
  1st Session
                                H. R. 4264

     To promote United States national security and foreign policy 
 objectives through consolidation and strengthening of the rule of law 
      and respect for human rights in the Republic of Azerbaijan.

_______________________________________________________________________

                    IN THE HOUSE OF REPRESENTATIVES

                           December 16, 2015

   Mr. Smith of New Jersey introduced the following bill; which was 
 referred to the Committee on Foreign Affairs, and in addition to the 
Committees on the Judiciary and Financial 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 promote United States national security and foreign policy 
 objectives through consolidation and strengthening of the rule of law 
      and respect for human rights in the Republic of Azerbaijan.

    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 ``Azerbaijan Democracy Act of 2015''.

SEC. 2. FINDINGS.

    Congress makes the following findings:
            (1) The United States and the Republic of Azerbaijan have 
        many areas of mutual interest and cooperation, but the United 
        States ability to more fully cooperate with Azerbaijan has been 
        severely hindered by the Government of Azerbaijan's gross 
        violations of human rights and fundamental freedoms, including 
        violations of basic principles of democratic governance, 
        standards to which Azerbaijan has committed itself to adhere as 
        a participating State in the Organization for Security and 
        Cooperation in Europe (OSCE) and other multilateral 
        institutions.
            (2) On December 5, 2014, the Government of Azerbaijan 
        arrested investigative reporter Khadija Ismayilova, who also 
        was a radio host on Radio Free/Radio Liberty (RFE/RL). The 
        charge against her was ``incitement to suicide'', and she was 
        held in pretrial detention and not allowed out on bail. On 
        December 26, 2014, the Government of Azerbaijan raided the Baku 
        Office of RFE/RL and closed its operations. Over the course of 
        a year in pretrial detention, the original charges against Ms. 
        Ismayilova were dropped after government-called witnesses 
        refused to cooperate with the case. However, Ms. Ismayilova 
        remained in detention and the Government of Azerbaijan 
        subsequently charged her with embezzlement, illegal 
        entrepreneurship, tax evasion, and abuse of power. She was 
        convicted and is now serving a 7\1/2\-year sentence in prison. 
        The RFE/RL Baku Bureau has not been allowed to reopen.
            (3) According to the United States State Department report 
        for 2014, the Government of Azerbaijan did not respect its own 
        laws on freedom of speech and press censorship. The report 
        said, ``The government continued to limit freedom of speech and 
        media independence. Journalists faced intimidation and at times 
        were beaten and imprisoned.''.
            (4) The Committee to Protect Journalists stated that 
        Azerbaijan is the leading jailer of journalists in Europe and 
        Central Asia, and is the fifth most censored country in the 
        world.
            (5) As an OSCE participating State, the Government of 
        Azerbaijan has committed itself to work toward a standard of 
        free and fair elections. Since its independence in 1992, no 
        election held in Azerbaijan has met the minimum requirements as 
        outlined by the OSCE. Elections for President and for the 
        Parliament have shown a pattern of disregard for the conduct of 
        democratic elections and have been marred by the arbitrary use 
        of state power, disregard for the basic rights of freedom of 
        assembly, association, and expression. The conduct of the 
        elections demonstrates the unwillingness of authorities in 
        Azerbaijan to tolerate political competition.
            (6) According to the United States Department of State's 
        Country Reports on Human Rights Practices for 2014, Azerbaijan 
        has used ``. . . the judicial system to punish peaceful 
        dissent--including increased reports of arbitrary arrest and 
        detention, politically motivated imprisonment, lack of due 
        process, and lengthy pretrial detention--by secular and 
        religious individuals perceived as a threat by government 
        officials, while crimes against such individuals or their 
        family members went unpunished.''.
            (7) According to the 2015 report on religious freedom by 
        the United States Commission on International Religious Freedom 
        (USCIRF), ``Despite societal religious tolerance in Azerbaijan, 
        governmental respect for religious freedom continued to 
        deteriorate in 2014.''. The report details the Government's use 
        of the 2009 religion law ``to limit religious freedom and to 
        justify fines, police raids, detentions, and imprisonment.''. 
        There are 44 names on the list of religious prisoners published 
        by USCIRF.
            (8) USCIRF cited poor conditions for religious minorities 
        in Azerbaijan, reporting that ``most Protestant denominations 
        do not have legal status, including Baptists, Seventh-day 
        Adventists, and Pentecostals, as well as Jehovah's 
        Witnesses.''.
            (9) The Government of Azerbaijan has further attempted to 
        silence dissent through retribution against the political 
        opposition, journalists, independent NGOs, and their family 
        members, through physical threats and beatings, dismissal from 
        employment, travel restrictions and other forms of 
        intimidation.
            (10) Those jailed opposition candidates and activists have 
        been treated harshly in pretrial detention and in prison, 
        including physical beatings, denied access to family, defense 
        counsel, medical treatment, and open legal proceedings.

SEC. 3. STATEMENT OF POLICY.

    It is the policy of the United States--
            (1) to secure United States national security and economic 
        interests in the region through promotion of a stable and 
        democratic government in Azerbaijan;
            (2) to call for the immediate release without preconditions 
        of all political prisoners in Azerbaijan;
            (3) to support the aspirations of the people of Azerbaijan 
        for democracy, internationally recognized human rights, and the 
        rule of law;
            (4) to support the growth of the rule of law and democratic 
        institutions in Azerbaijan;
            (5) to work closely with other countries and international 
        organizations, including the OSCE, to bring Azerbaijan in 
        compliance with its multilateral commitments; and
            (6) reassess United States policy toward the Government of 
        Azerbaijan reevaluating United States policy toward Azerbaijan 
        as warranted by demonstrable progress made by the Government of 
        Azerbaijan consistent with the policy of the United States as 
        stated in this section.

SEC. 4. DENIAL OF ENTRY INTO THE UNITED STATES OF SENIOR LEADERSHIP OF 
              THE GOVERNMENT OF AZERBAIJAN AND OTHERS.

    (a) Denial of Entry.--Notwithstanding any other provision of law, 
the Secretary of State may not issue any visa to, and the Secretary of 
Homeland Security shall deny entry to the United States of, any alien 
described in subsection (c).
    (b) Current Visas Revoked.--Notwithstanding any other provision of 
law, the Secretary of State shall revoke, in accordance with section 
221(i) of the Immigration and Nationality Act (8 U.S.C. 1201(i)), the 
visa or other documentation of any alien who would be ineligible to 
receive such a visa or documentation under subsection (a).
    (c) Aliens Described.--An alien described in this subsection is any 
alien who--
            (1) holds a position in the senior leadership of the 
        Government of Azerbaijan;
            (2) is an immediate family member of a person described in 
        paragraph (1);
            (3) through his or her business dealings with senior 
        leadership of the Government of Azerbaijan derives significant 
        financial benefit from policies or actions, including electoral 
        fraud, human rights abuses, or corruption, that undermine or 
        injure democratic institutions or impede the transition to 
        democracy in Azerbaijan; and
            (4) is a member of any branch of the security, judicial, or 
        law enforcement services of Azerbaijan and has participated in 
        the persecution or harassment of independent media or 
        journalists, human rights defenders, opposition groups, or 
        religious groups.
    (d) Exception.--The requirements under subsections (a) and (b) 
shall not apply with respect to an alien who is an official of the 
Government of Azerbaijan and who is seeking entry into the United 
States for the purpose of participation in talks related to resolution 
of the Nagorno Karabakh conflict under the auspices of the OSCE Minsk 
Group.

SEC. 5. SENSE OF CONGRESS ON SANCTIONS AGAINST THE GOVERNMENT OF 
              AZERBAIJAN AND SENIOR LEADERSHIP OF THE GOVERNMENT OF 
              AZERBAIJAN AND OTHERS.

    (a) Prohibition on Loans and Investment.--
            (1) United states government financing.--It is the sense of 
        Congress that no loan, credit guarantee, insurance, financing, 
        or other similar financial assistance be extended by any agency 
        of the Government of the United States (including the Export-
        Import Bank of the United States and the Overseas Private 
        Investment Corporation) to the Government of Azerbaijan, except 
        with respect to the provision of humanitarian goods and 
        agricultural or medical products.
            (2) Trade and development agency.--It is the sense of 
        Congress that no funds available to the Trade and Development 
        Agency should be available for activities of the Agency in or 
        for Azerbaijan.
    (b) Multilateral Financial Assistance.--The Secretary of the 
Treasury should instruct the United States Executive Director at each 
international financial institution of which the United States is a 
member to use the voice and vote of the United States to oppose any 
extension by those institutions of any financial assistance (including 
any technical assistance or grant) of any kind to the Government of 
Azerbaijan, except for loans and assistance that serve humanitarian 
needs.
    (c) Blocking of Assets and Other Prohibited Activities.--
            (1) Blocking of assets.--It is the sense of Congress that 
        the President should block all property and interests in 
        property, including all commercial, industrial, or public 
        utility undertakings or entities, that, on or after the date of 
        the enactment of this Act--
                    (A) are owned, in whole or in part, by any member 
                of the senior leadership of the Government of 
                Azerbaijan, or by any member or family member closely 
                linked to any member of the senior leadership of the 
                Government of Azerbaijan, or any person who through his 
                or her business dealings with the senior leadership of 
                the Government of Azerbaijan derives significant 
                financial benefit from policies or actions, including 
                electoral fraud, human rights abuses, or corruption, 
                that undermine or injure democratic institutions or 
                impede the transition to democracy in Azerbaijan; and
                    (B) are in the United States, that hereafter come 
                within the United States, or that are or hereafter come 
                within the possession or control of any United States 
                person.
            (2) Prohibited activities.--Activities prohibited by reason 
        of the blocking of property and interests in property under 
        paragraph (1) should include payments or transfers of any 
        property, or any transactions involving the transfer of 
        anything of economic value by any United States person to any 
        person described in subparagraph (A) of such paragraph.
            (3) Payment of expenses.--All expenses incident to the 
        blocking and maintenance of property blocked under paragraph 
        (1) should be charged to the owners or operators of such 
        property. Such expenses may not be paid from blocked funds.
            (4) Rule of construction.--Nothing in this subsection 
        should be construed to prohibit any contract or other financial 
        transaction with any private or nongovernmental organization or 
        business in Azerbaijan.
            (5) Exceptions.--Paragraphs (1) and (2) should not apply 
        with respect to the provision of medicine, medical equipment or 
        supplies, food, as well as any other form of humanitarian 
        assistance provided to Azerbaijan as relief in response to a 
        humanitarian crisis.
            (6) Penalties.--Any person who violates any prohibition or 
        restriction imposed under this subsection should be subject to 
        the penalties under section 206 of the International Emergency 
        Economic Powers Act (50 U.S.C. 1705) to the same extent as for 
        a violation under that Act.

SEC. 6. TERMINATION OF SANCTIONS.

    The sanctions described in section 4 shall apply with respect to an 
alien described in that section, and the sanctions described in section 
5 should apply with respect to the Government of Azerbaijan, the senior 
leadership of the Government of Azerbaijan, and any other person 
described in section 5, until the President determines and certifies to 
the appropriate congressional committees that the Government of 
Azerbaijan has made significant progress in meeting the following 
conditions:
            (1) The release of individuals in Azerbaijan who have been 
        jailed based on political or religious beliefs or expression.
            (2) The cessation of all forms of harassment and repression 
        against the independent media, nongovernmental organizations, 
        youth groups, religious organizations (including their 
        leadership and members), and the political opposition in 
        Azerbaijan.
            (3) Progress toward free, fair and transparent elections 
        and the rule of law consistent with OSCE commitments.

SEC. 7. MULTILATERAL COOPERATION.

    It is the sense of Congress that the President should continue to 
seek the support of other countries, particularly European countries, 
for a comprehensive, multilateral strategy to further the purposes of 
this Act, including, as appropriate, encouraging other countries to 
take measures with respect to the Republic of Azerbaijan that are 
similar to measures described in this Act.

SEC. 8. REPORT.

    (a) Report.--Not later than 90 days after the date of the enactment 
of this Act, and annually thereafter, the President shall submit to the 
appropriate congressional committees a report that describes, with 
respect to the preceding 12-month period and to the extent practicable, 
the following:
            (1) The cooperation of the Government of Azerbaijan with 
        any foreign government or organization for purposes related to 
        the censorship or surveillance of the Internet, or the purchase 
        or receipt by the Government of Azerbaijan of any technology or 
        training from any foreign government or organization for 
        purposes related to the censorship or surveillance of the 
        Internet.
            (2) The personal assets and wealth of President Ilham 
        Aliyev and other senior leadership of the Government of 
        Azerbaijan.
    (b) Form.--A report transmitted pursuant to subsection (a) shall be 
in unclassified form but may contain a classified annex.

SEC. 9. DEFINITIONS.

    In this Act:
            (1) Appropriate congressional committees.--The term 
        ``appropriate congressional committees'' means the Committee on 
        Foreign Affairs of the House of Representatives and the 
        Committee on Foreign Relations of the Senate.
            (2) Senior leadership of the government of azerbaijan.--The 
        term ``senior leadership of the Government of Azerbaijan'' 
        includes--
                    (A) the President, Prime Minister, Deputy Prime 
                Ministers, government ministers, Chairmen of State 
                Committees, governors, heads of state enterprises, and 
                members of the Presidential Administration of 
                Azerbaijan;
                    (B) any official of the Government of Azerbaijan 
                who--
                            (i) is personally and substantially 
                        involved in the suppression of freedom in 
                        Azerbaijan, including judges, prosecutors, and 
                        heads of professional associations and 
                        educational institutions; or
                            (ii) is otherwise engaged in public 
                        corruption in Azerbaijan; and
                    (C) any other individual determined by the 
                Secretary of State (or the Secretary's designee) to be 
                personally and substantially involved in the 
                formulation or execution of the policies of the 
                Government of Azerbaijan that are in contradiction of 
                internationally recognized human rights standards.
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