II 

112TH CONGRESS 

2D SESSION S. 2034 

To impose sanctions with respect to human rights abuses committed against 

the people of Syria, and for other purposes. 

IN THE SENATE OF THE UNITED STATES 

JANUARY 24, 2012 

Mrs. GILLIBRAND (for herself, Mr. SCHUMER, and Mr. BROWN of Ohio) introduced the following bill; which was read twice and referred to the Committee on Foreign Relations 

A BILL 

To impose sanctions with respect to human rights abuses 

committed against the people of Syria, 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 ‘‘Syria Human Rights 

5 Accountability Act of 2012’’. 


rfrederick on DSK6SPTVN1PROD with BILLS
2 

•S 2034 IS

1 SEC. 2. IMPOSITION OF SANCTIONS ON CERTAIN PERSONS 

2 WHO ARE RESPONSIBLE FOR OR COMPLICIT 

3 IN HUMAN RIGHTS ABUSES COMMITTED 

4 AGAINST CITIZENS OF SYRIA OR THEIR FAM5 ILY MEMBERS. 

6 (a) IN GENERAL.—The President shall impose sanc7 tions described in subsection (c) with respect to each per8 son on the list required by subsection (b). 

9 (b) LIST OF PERSONS WHO ARE RESPONSIBLE FOR

10 OR COMPLICIT IN CERTAIN HUMAN RIGHTS ABUSES.— 

11 (1) IN GENERAL.—Not later than 90 days after 

12 the date of the enactment of this Act, the President 

13 shall submit to the appropriate congressional com14 mittees a list of persons who are officials of the Gov15 ernment of Syria or persons acting on behalf of that 

16 Government that the President determines, based on 

17 credible evidence, are responsible for or complicit in, 

18 or responsible for ordering, controlling, or otherwise 

19 directing, the commission of serious human rights 

20 abuses against citizens of Syria or their family mem21 bers, regardless of whether such abuses occurred in 

22 Syria. 

23 (2) UPDATES OF LIST.—The President shall 

24 submit to the appropriate congressional committees 

25 an updated list under paragraph (1)— 


rfrederick on DSK6SPTVN1PROD with BILLS
3 

•S 2034 IS

1 (A) not later than 270 days after the date 

2 of the enactment of this Act and every 180 

3 days thereafter; and 

4 (B) as new information becomes available. 

5 (3) FORM OF REPORT; PUBLIC AVAILABILITY.— 

6 (A) FORM.—The list required by para7 graph (1) shall be submitted in unclassified 

8 form but may contain a classified annex. 

9 (B) PUBLIC AVAILABILITY.—The unclassi10 fied portion of the list required by paragraph 

11 (1) shall be made available to the public and 

12 posted on the websites of the Department of the 

13 Treasury and the Department of State. 

14 (4) CONSIDERATION OF DATA FROM OTHER

15 COUNTRIES AND NONGOVERNMENTAL ORGANIZA16 TIONS.—In preparing the list required by paragraph 

17 (1), the President shall consider credible data al18 ready obtained by other countries and nongovern19 mental organizations, including organizations in 

20 Syria, that monitor the human rights abuses of the 

21 Government of Syria. 

22 (c) SANCTIONS DESCRIBED.—The sanctions de23 scribed in this subsection are ineligibility for a visa to 

24 enter the United States and sanctions pursuant to the 

25 International Emergency Economic Powers Act (50 


rfrederick on DSK6SPTVN1PROD with BILLS
4 

•S 2034 IS

1 U.S.C. 1701 et seq.), including blocking of property and 

2 restrictions or prohibitions on financial transactions and 

3 the exportation and importation of property, subject to 

4 such regulations as the President may prescribe, including 

5 regulatory exceptions to permit the United States to com6 ply with the Agreement between the United Nations and 

7 the United States of America regarding the Headquarters 

8 of the United Nations, signed June 26, 1947, and entered 

9 into force November 21, 1947, and other applicable inter10 national obligations. 

11 SEC. 3. IMPOSITION OF SANCTIONS WITH RESPECT TO THE 

12 TRANSFER OF GOODS OR TECHNOLOGIES TO 

13 SYRIA THAT ARE LIKELY TO BE USED TO 

14 COMMIT HUMAN RIGHTS ABUSES. 

15 (a) IN GENERAL.—The President shall impose sanc16 tions described in section 2(c) with respect to— 

17 (1) each person on the list required by sub18 section (b); and 

19 (2) any person that— 

20 (A) is a successor entity to a person on the 

21 list; 

22 (B) owns or controls a person on the list, 

23 if the person that owns or controls the person 

24 on the list had actual knowledge or should have 

25 known that the person on the list engaged in 


rfrederick on DSK6SPTVN1PROD with BILLS
5 

•S 2034 IS

1 the activity described in subsection (b)(2) for 

2 which the person was included in the list; or 

3 (C) is owned or controlled by, or under 

4 common ownership or control with, the person 

5 on the list, if the person owned or controlled by, 

6 or under common ownership or control with (as 

7 the case may be), the person on the list know8 ingly engaged in the activity described in sub9 section (b)(2) for which the person was included 

10 in the list. 

11 (b) LIST.— 

12 (1) IN GENERAL.—Not later than 90 days after 

13 the date of the enactment of this Act, the President 

14 shall submit to the appropriate congressional com15 mittees a list of persons that the President deter16 mines have knowingly engaged in an activity de17 scribed in paragraph (2) on or after such date of en18 actment. 

19 (2) ACTIVITY DESCRIBED.— 

20 (A) IN GENERAL.—A person engages in an 

21 activity described in this paragraph if the per22 son— 

23 (i) transfers, or facilitates the transfer 

24 of, goods or technologies described in sub25 paragraph (C) to Syria; or 


rfrederick on DSK6SPTVN1PROD with BILLS
6 

•S 2034 IS

1 (ii) provides services with respect to 

2 goods or technologies described in subpara3 graph (C) after such goods or technologies 

4 are transferred to Syria. 

5 (B) APPLICABILITY TO CONTRACTS AND

6 OTHER AGREEMENTS.—A person engages in an 

7 activity described in subparagraph (A) without 

8 regard to whether the activity is carried out 

9 pursuant to a contract or other agreement en10 tered into before, on, or after the date of the 

11 enactment of this Act. 

12 (C) GOODS OR TECHNOLOGIES DE13 SCRIBED.—Goods or technologies described in 

14 this subparagraph are goods or technologies 

15 that the President determines are likely to be 

16 used by the Government of Syria or any of its 

17 agencies or instrumentalities to commit human 

18 rights abuses against the people of Syria, in19 cluding— 

20 (i) firearms or ammunition (as those 

21 terms are defined in section 921 of title 

22 18, United States Code), rubber bullets, 

23 police sticks, mace, stun grenades, tasers 

24 or other electroshock weapons, tear gas, 


rfrederick on DSK6SPTVN1PROD with BILLS
7 

•S 2034 IS

1 water cannons, or surveillance technology; 

2 or 

3 (ii) sensitive technology (as defined in 

4 section 5(c)). 

5 (3) SPECIAL RULE TO ALLOW FOR TERMI6 NATION OF SANCTIONABLE ACTIVITY.—The Presi7 dent shall not be required to include a person on the 

8 list required by paragraph (1) if the President cer9 tifies in writing to the appropriate congressional 

10 committees that— 

11 (A) the person is no longer engaging in, or 

12 has taken significant verifiable steps toward 

13 stopping, the activity described in paragraph 

14 (2) for which the President would otherwise 

15 have included the person on the list; and 

16 (B) the President has received reliable as17 surances that the person will not knowingly en18 gage in any activity described in paragraph (2) 

19 in the future. 

20 (4) UPDATES OF LIST.—The President shall 

21 submit to the appropriate congressional committees 

22 an updated list under paragraph (1)— 

23 (A) not later than 270 days after the date 

24 of the enactment of this Act and every 180 

25 days thereafter; and 


rfrederick on DSK6SPTVN1PROD with BILLS
8 

•S 2034 IS

1 (B) as new information becomes available. 

2 (5) FORM OF REPORT; PUBLIC AVAILABILITY.— 

3 (A) FORM.—The list required by para4 graph (1) shall be submitted in unclassified 

5 form but may contain a classified annex. 

6 (B) PUBLIC AVAILABILITY.—The unclassi7 fied portion of the list required by paragraph 

8 (1) shall be made available to the public and 

9 posted on the websites of the Department of the 

10 Treasury and the Department of State. 

11 SEC. 4. IMPOSITION OF SANCTIONS WITH RESPECT TO PER12 SONS WHO ENGAGE IN CENSORSHIP IN 

13 SYRIA. 

14 (a) IN GENERAL.—The President shall impose sanc15 tions described in section 2(c) with respect to each person 

16 on the list required by subsection (b). 

17 (b) LIST OF PERSONS WHO ENGAGE IN CENSOR18 SHIP.— 

19 (1) IN GENERAL.—Not later than 90 days after 

20 the date of the enactment of this Act, the President 

21 shall submit to the appropriate congressional com22 mittees a list of persons that the President deter23 mines have engaged in censorship, or activities relat24 ing to censorship, in a manner that prohibits, limits, 


rfrederick on DSK6SPTVN1PROD with BILLS
9 

•S 2034 IS

1 or penalizes the legitimate exercise of freedom of ex2 pression by citizens of Syria. 

3 (2) UPDATES OF LIST.—The President shall 

4 submit to the appropriate congressional committees 

5 an updated list under paragraph (1)— 

6 (A) not later than 270 days after the date 

7 of the enactment of this Act and every 180 

8 days thereafter; and 

9 (B) as new information becomes available. 

10 (3) FORM OF REPORT; PUBLIC AVAILABILITY.— 

11 (A) FORM.—The list required by para12 graph (1) shall be submitted in unclassified 

13 form but may contain a classified annex. 

14 (B) PUBLIC AVAILABILITY.—The unclassi15 fied portion of the list required by paragraph 

16 (1) shall be made available to the public and 

17 posted on the websites of the Department of the 

18 Treasury and the Department of State. 

19 SEC. 5. PROHIBITION ON PROCUREMENT CONTRACTS WITH 

20 PERSONS THAT EXPORT SENSITIVE TECH21 NOLOGY TO SYRIA AND THEIR AFFILIATES. 

22 (a) IN GENERAL.—Except as provided in subsection 

23 (b), and pursuant to such regulations as the President 

24 may prescribe, the head of an executive agency may not 

25 enter into or renew a contract, on or after the date that 


rfrederick on DSK6SPTVN1PROD with BILLS
10 

•S 2034 IS

1 is 90 days after the date of the enactment of this Act, 

2 for the procurement of goods or services with— 

3 (1) a person that exports sensitive technology to 

4 Syria; or 

5 (2) any person that— 

6 (A) is a successor entity to a person re7 ferred to in paragraph (1); 

8 (B) owns or controls a person referred to 

9 in paragraph (1), if the person that owns or 

10 controls the person referred to in paragraph (1) 

11 has actual knowledge or should know that the 

12 person referred to in paragraph (1) exports sen13 sitive technology to Syria; or 

14 (C) is owned or controlled by, or under 

15 common ownership or control with, a person re16 ferred to in paragraph (1), if the person owned 

17 or controlled by, or under common ownership or 

18 control with (as the case may be), the person 

19 referred to in paragraph (1) knowingly engages 

20 in the exportation by the person referred to in 

21 paragraph (1) of sensitive technology to Syria. 

22 (b) AUTHORIZATION TO EXEMPT CERTAIN PROD23 UCTS.—The President is authorized to exempt from the 

24 prohibition under subsection (a) only eligible products, as 

25 defined in section 308(4) of the Trade Agreements Act 


rfrederick on DSK6SPTVN1PROD with BILLS
11 

•S 2034 IS

1 of 1979 (19 U.S.C. 2518(4)), of any foreign country or 

2 instrumentality designated under section 301(b) of that 

3 Act (19 U.S.C. 2511(b)). 

4 (c) SENSITIVE TECHNOLOGY DEFINED.— 

5 (1) IN GENERAL.—The term ‘‘sensitive tech6 nology’’ means hardware, software, telecommuni7 cations equipment, or any other technology, that the 

8 President determines is to be used specifically— 

9 (A) to restrict the free flow of unbiased in10 formation in Syria; or 

11 (B) to disrupt, monitor, or otherwise re12 strict speech of the people of Syria. 

13 (2) EXCEPTION.—The term ‘‘sensitive tech14 nology’’ does not include information or informa15 tional materials the exportation of which the Presi16 dent does not have the authority to regulate or pro17 hibit pursuant to section 203(b)(3) of the Inter18 national Emergency Economic Powers Act (50 

19 U.S.C. 1702(b)(3)). 

20 (d) SPECIAL RULE TO ALLOW FOR TERMINATION OF

21 SANCTIONABLE ACTIVITY.—The prohibition in subsection 

22 (a) shall not apply with respect to a person described in 

23 paragraph (1) or (2) of subsection (a) if the President cer24 tifies in writing to the appropriate congressional commit25 tees that— 


rfrederick on DSK6SPTVN1PROD with BILLS
12 

•S 2034 IS

1 (1) the person described in paragraph (1) of 

2 that subsection is no longer engaging in, or has 

3 taken significant verifiable steps toward stopping, 

4 exporting sensitive technology to Syria; and 

5 (2) the President has received reliable assur6 ances that that person will not knowingly export 

7 sensitive technology to Syria in the future. 

8 SEC. 6. WAIVER. 

9 The President may waive the requirement to include 

10 a person on a list required by section 2, 3, or 4 or to 

11 impose sanctions pursuant to any such section, or the ap12 plication of section 5(a), if the President— 

13 (1) determines that such a waiver is in the na14 tional security interests of the United States; and 

15 (2) submits to the appropriate congressional 

16 committees a report on the reasons for that deter17 mination. 

18 SEC. 7. TERMINATION. 

19 (a) IN GENERAL.—The provisions of this Act and 

20 any sanctions imposed pursuant to this Act shall termi21 nate on the date on which the President submits to the 

22 appropriate congressional committees— 

23 (1) the certification described in subsection (b); 

24 and 

25 (2) a certification that— 


rfrederick on DSK6SPTVN1PROD with BILLS
13 

•S 2034 IS

1 (A) the Government of Syria is democrat2 ically elected and representative of the people of 

3 Syria; or 

4 (B) a legitimate transitional government of 

5 Syria is in place. 

6 (b) CERTIFICATION DESCRIBED.—A certification de7 scribed in this subsection is a certification by the Presi8 dent that the Government of Syria— 

9 (1) has unconditionally released all political 

10 prisoners; 

11 (2) has ceased its practices of violence, unlawful 

12 detention, torture, and abuse of citizens of Syria en13 gaged in peaceful political activity; 

14 (3) has ceased its practice of procuring sensitive 

15 technology designed to restrict the free flow of unbi16 ased information in Syria, or to disrupt, monitor, or 

17 otherwise restrict the right of citizens of Syria to 

18 freedom of expression; 

19 (4) has ceased providing support for foreign 

20 terrorist organizations and no longer allows such or21 ganizations, including Hamas, Hezbollah, and Pales22 tinian Islamic Jihad, to maintain facilities in terri23 tory under the control of the Government of Syria; 


rfrederick on DSK6SPTVN1PROD with BILLS
14 

•S 2034 IS

1 (5) has ceased the development and deployment 

2 of medium- and long-range surface-to-surface bal3 listic missiles; 

4 (6) is not pursuing or engaged in the research, 

5 development, acquisition, production, transfer, or de6 ployment of biological, chemical, or nuclear weapons, 

7 and has provided credible assurances that it will not 

8 engage in such activities in the future; and 

9 (7) has agreed to allow the United Nations and 

10 other international observers to verify that the Gov11 ernment of Syria is not engaging in such activities 

12 and to assess the credibility of the assurances pro13 vided by that Government. 

14 (c) SUSPENSION OF SANCTIONS AFTER ELECTION OF

15 DEMOCRATIC GOVERNMENT.—If the President submits to 

16 the appropriate congressional committees the certification 

17 described in subsection (a)(2), the President may suspend 

18 the provisions of this Act and any sanctions imposed 

19 under this Act for not more than one year to allow time 

20 for a certification described in subsection (b) to be sub21 mitted. 

22 SEC. 8. RECORDKEEPING. 

23 The President may prescribe such regulations requir24 ing recordkeeping, reporting, and production of documents 


rfrederick on DSK6SPTVN1PROD with BILLS
15 

•S 2034 IS

1 as the President determines appropriate to carry out this 

2 Act. 

3 SEC. 9. DEFINITIONS. 

4 In this Act, the terms ‘‘appropriate congressional 

5 committees’’ and ‘‘knowingly’’ have the meanings given 

6 those terms in section 14 of the Iran Sanctions Act of 

7 1996 (Public Law 104–172; 50 U.S.C. 1701 note). 

Æ 


rfrederick on DSK6SPTVN1PROD with BILLS