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[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 5643 Introduced in Senate (IS)]

<DOC>

118th CONGRESS
  2d Session
                                S. 5643

To impose sanctions with respect to the Government of Turkiye, and for 
                            other purposes.

_______________________________________________________________________

                   IN THE SENATE OF THE UNITED STATES

            December 20 (legislative day, December 16), 2024

 Mr. Graham (for himself and Mr. Van Hollen) 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 Government of Turkiye, 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; TABLE OF CONTENTS.

    (a) Short Title.--This Act may be cited as the ``Countering Turkish 
Aggression Act of 2024''.
    (b) Table of Contents.--The table of contents for this Act is as 
follows:

Sec. 1. Short title; table of contents.
Sec. 2. Sense of Congress.
Sec. 3. Definitions.
Sec. 4. Imposition of sanctions with respect to the Government of 
                            Turkiye.
Sec. 5. Imposition of sanctions with respect to financial institutions 
                            that facilitate transactions for Turkish 
                            Armed Forces.
Sec. 6. Imposition of sanctions with respect to energy production in 
                            Syria.
Sec. 7. Imposition of CAATSA section 231 sanctions against the 
                            Government of Turkiye.
Sec. 8. Prohibition on United States military assistance to Turkish 
                            Armed Forces.
Sec. 9. Prohibition on purchases of Turkish sovereign debt by United 
                            States persons.
Sec. 10. Exceptions.
Sec. 11. Implementation; penalties.
Sec. 12. Exception to comply with international obligations.
Sec. 13. Termination authority.

SEC. 2. SENSE OF CONGRESS.

    It is the sense of Congress that--
            (1) the presence of United States troops within Syria is 
        critical to the safety of the United States and allies and 
        partners of the United States;
            (2) the United States should continue to work with the 
        Syrian Kurdish communities that have been key partners of the 
        United States in the ongoing fight against the Islamic State of 
        Iraq and Syria (commonly known as ``ISIS'');
            (3) the Syrian Democratic Forces oversee more than 20 
        detention facilities in Syria that contain thousands of ISIS 
        fighters;
            (4) attacks on the Syrian Democratic Forces by the 
        Government of Turkiye or Turkish-backed forces jeopardize 
        United States interests in the region and risk the reemergence 
        of ISIS, which would threaten the homeland and allies and 
        partners of the United States across the globe; and
            (5) the United States Government should work, through 
        diplomatic means, with the Government of Turkiye to help 
        facilitate a sustained ceasefire and a demilitarized zone along 
        the border between Turkiye and Syria, particularly the city of 
        Kobani.

SEC. 3. DEFINITIONS.

    In this Act:
            (1) Admitted; alien.--The terms ``admitted'' and ``alien'' 
        have the meanings given those terms in section 101 of the 
        Immigration and Nationality Act (8 U.S.C. 1101).
            (2) Financial institution.--The term ``financial 
        institution'' means a financial institution specified in 
        subparagraph (A), (B), (C), (D), (E), (F), (G), (H), (I), (J), 
        (M), or (Y) of section 5312(a)(2) of title 31, United States 
        Code.
            (3) Foreign financial institution.--The term ``foreign 
        financial institution'' has the meaning given that term in 
        regulations prescribed by the Secretary of the Treasury.
            (4) Foreign person.--The term ``foreign person'' means an 
        individual or entity that is not a United States person.
            (5) Knowingly.--The term ``knowingly'', with respect to 
        conduct, a circumstance, or a result, means that a person has 
        actual knowledge, or should have known, of the conduct, the 
        circumstance, or the result.
            (6) United states person.--The term ``United States 
        person'' means--
                    (A) a United States citizen 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 an entity.

SEC. 4. IMPOSITION OF SANCTIONS WITH RESPECT TO THE GOVERNMENT OF 
              TURKIYE.

    (a) In General.--Not later than 15 days after the date of the 
enactment of this Act, and every 90 days thereafter, the President 
shall--
            (1) impose the sanctions described in subsection (c) with 
        respect to--
                    (A) each official of the Government of Turkiye 
                described in subsection (b);
                    (B) any foreign person that the President 
                determines knowingly sells, otherwise provides, or 
                conducts a transaction to provide, financial, material, 
                or technological support to the Turkish Armed Forces, 
                including--
                            (i) aircraft, aircraft parts, or machinery, 
                        equipment, or services used by the Turkish Air 
                        Force;
                            (ii) aircraft or automotive machinery, 
                        equipment, or services used by the Turkish Land 
                        Forces;
                            (iii) vessels, aircraft, equipment, or 
                        services used by the Turkish Navy; and
                            (iv) defense articles, services, 
                        technology, or materials used by the Turkish 
                        Armed Forces; and
                    (C) any foreign person that the President 
                determines knowingly supplies goods, services, 
                technology, information, or other support that 
                maintains or supports the production of crude oil, 
                natural gas, or refined petroleum or natural gas 
                products, in Turkiye for use by the Turkish Armed 
                Forces; and
            (2) prohibit any United States person from engaging in any 
        transaction with a person described in paragraph (1).
    (b) Officials Described.--An official of the Government of Turkiye 
described in this subsection is any of the following:
            (1) The President of the Government of Turkiye.
            (2) The Vice President of the Government of Turkiye.
            (3) The Minister of National Defense of the Government of 
        Turkiye.
            (4) The Minister of Foreign Affairs of the Government of 
        Turkiye.
            (5) The Minister of Treasury and Finance of the Government 
        of Turkiye.
            (6) The Minister of Trade of the Government of Turkiye.
            (7) The Minister of Energy and Natural Resources of the 
        Government of Turkiye.
            (8) The Chief of the National Intelligence Organization of 
        the Government of Turkiye.
            (9) Any other official of the Government of Turkiye that 
        the President determines should be subject to sanctions under 
        subsection (a).
    (c) Sanctions Described.--The sanctions described in this 
subsection are the following:
            (1) Property blocking.--
                    (A) In general.--The exercise of all powers granted 
                to the President by 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 described in 
                subparagraph (B), if such property and interests in 
                property are in the United States, come within the 
                United States, or are or come within the possession or 
                control of a United States person.
                    (B) Property described.--The property and interests 
                in property described in this subparagraph are--
                            (i) property and interests in property of a 
                        person determined by the President to be 
                        subject to subsection (a)(1); and
                            (ii) property and interests in property of 
                        any other individual, if a person subject to 
                        subsection (a)(1) transferred the property or 
                        interests in property to the individual after 
                        the date on which the President imposed 
                        sanctions under this section with respect to 
                        the person.
            (2) Aliens inadmissible for visas, admission, parole.--
                    (A) Visas, admission, or parole.--An alien 
                described in subsection (a)(1) is--
                            (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 an official specified in 
                        subsection (b) shall be revoked, regardless of 
                        when such visa or other entry documentation is 
                        or was issued.
                            (ii) Immediate effect.--A revocation under 
                        clause (i) shall--
                                    (I) take effect immediately; and
                                    (II) automatically cancel any other 
                                valid visa or entry documentation that 
                                is in the possession of such official.

SEC. 5. IMPOSITION OF SANCTIONS WITH RESPECT TO FINANCIAL INSTITUTIONS 
              THAT FACILITATE TRANSACTIONS FOR TURKISH ARMED FORCES.

    If the Secretary of the Treasury, in consultation with the 
Secretary of State, the Secretary of Defense, and the Director of 
National Intelligence, determines that any foreign financial 
institution has knowingly facilitated transactions for the Turkish 
Armed Forces or defense industry in Turkiye relating to the military 
operations of Turkiye in Syria, the President shall, not later than 60 
days after that determination--
            (1) impose the sanctions described in section 4(c) with 
        respect to that financial institution; and
            (2) prohibit any United States person from engaging in any 
        transaction with that financial institution.

SEC. 6. IMPOSITION OF SANCTIONS WITH RESPECT TO ENERGY PRODUCTION IN 
              SYRIA.

    On and after the date of the enactment of this Act, the President 
shall--
            (1) impose the sanctions described in section 4(c) with 
        respect to any foreign person that the President determines 
        knowingly sells or provides significant goods, services, 
        technology, information, or other support that significantly 
        facilitates the maintenance or expansion of the production of 
        natural gas, petroleum, or petroleum products in Syria for use 
        by the Russian Federation, Iran, Turkiye, or Turkish-backed 
        militias; and
            (2) prohibit any United States person from engaging in any 
        transaction with a person described in paragraph (1).

SEC. 7. IMPOSITION OF CAATSA SECTION 231 SANCTIONS AGAINST THE 
              GOVERNMENT OF TURKIYE.

    (a) Determination.--For the purposes of section 231 of the 
Countering America's Adversaries Through Sanctions Act (22 U.S.C. 
9525), Turkiye's acquisition of the Russian S-400 air and missile 
defense system beginning July 12, 2019, shall be considered to be a 
significant transaction described in such section.
    (b) Sanctions.--Not later than 30 days after the date of the 
enactment of this Act, the President shall impose, under section 231 of 
the Countering America's Adversaries Through Sanctions Act (22 U.S.C. 
9525), 5 or more sanctions described in section 235 of that Act ( 22 
U.S.C. 9529) with respect to the Government of Turkiye, which shall be 
in addition to the sanctions imposed with respect to the Government of 
Turkiye under such section 231 as of such date of enactment.

SEC. 8. PROHIBITION ON UNITED STATES MILITARY ASSISTANCE TO TURKISH 
              ARMED FORCES.

    (a) Prohibition on Transfers.--The President shall prohibit the 
transfer of defense articles and services under section 21 of the Arms 
Export Control Act (22 U.S.C. 2761) to the Turkish Armed Forces.
    (b) No Use of Emergency Authorities.--The authority of the 
President to waive statutory congressional review periods under the 
Arms Export Control Act ( 22 U.S.C. 2751 et seq.) in cases in which an 
emergency exists shall not apply to the transfer of defense articles or 
services to Turkiye.

SEC. 9. PROHIBITION ON PURCHASES OF TURKISH SOVEREIGN DEBT BY UNITED 
              STATES PERSONS.

    The President shall prescribe regulations prohibiting any United 
States person from purchasing sovereign debt of the Government of 
Turkiye.

SEC. 10. EXCEPTIONS.

    (a) Support for People of Turkiye.--This Act shall not apply with 
respect to--
            (1) the provision of humanitarian assistance (including 
        medical assistance) to the people of Turkiye; or
            (2) efforts to promote democracy in Turkiye, including 
        through providing election assistance.
    (b) Intelligence Activities.--
            (1) In general.--This Act shall not apply with respect to 
        activities 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) Requirement.--Activities carried out under the 
        exception under paragraph (1) may not be carried out in a 
        manner that provides the Government of Turkiye with targeting 
        data regarding the location or disposition of Syrian Democratic 
        Forces.
    (c) Exception Relating to Importation of Goods.--
            (1) In general.--The authorities and requirements to impose 
        sanctions authorized under this Act shall not include the 
        authority or requirement to impose sanctions on the importation 
        of goods.
            (2) Good defined.--In this subsection, the term ``good'' 
        means any article, natural or manmade substance, material, 
        supply or manufactured product, including inspection and test 
        equipment, and excluding technical data.

SEC. 11. IMPLEMENTATION; PENALTIES.

    (a) Implementation.--The President may exercise all authorities 
provided to the President 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.

SEC. 12. EXCEPTION TO COMPLY WITH INTERNATIONAL OBLIGATIONS.

    Sanctions under this Act shall not apply to the admission of an 
alien if the admission of that alien is necessary to comply with United 
States obligations under the Agreement between the United Nations and 
the United States of America regarding the Headquarters of the United 
Nations, signed at Lake Success June 26, 1947, and entered into force 
November 21, 1947, under the Convention on Consular Relations, done at 
Vienna April 24, 1963, and entered into force March 19, 1967, or under 
other international agreements.

SEC. 13. TERMINATION AUTHORITY.

    (a) In General.--The President may terminate the application of 
sanctions, prohibitions, restrictions, and penalties under this Act if 
the President certifies to Congress that--
            (1) the Government of Turkiye, the Syrian National Army, 
        and other militias supported by the Government of Turkiye have 
        halted attacks against the Syrian Kurdish community and other 
        communities affected by Turkish or Turkish-backed military 
        operations;
            (2) Turkish forces, Syrian National Army forces, and other 
        militias supported by the Government of Turkiye not involved in 
        coordinated operations with members of the North Atlantic 
        Treaty Organization or the Global Coalition to Defeat ISIS, 
        have withdrawn from all locations in Syria that they did not 
        occupy before the launch of any action against the Syrian 
        Democratic Forces on November 27, 2024; and
            (3) the Government of Turkiye, the Syrian National Army, 
        and other militias supported by the Government of Turkiye are 
        not hindering counterterrorism operations against ISIS.
    (b) Reimposition.--If the Government of Turkiye violates paragraph 
(1), (2), or (3) of subsection (a) after the submission of a 
certification described in subsection (a), the President shall reimpose 
sanctions, prohibitions, restrictions, and penalties as described in 
this Act.
                                 <all>
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