II 

113TH CONGRESS 

2D SESSION S. 1933 

To impose sanctions with respect to foreign persons responsible for gross 

violations of internationally recognized human rights, and for other purposes. 

IN THE SENATE OF THE UNITED STATES 

JANUARY 15, 2014 

Mr. CARDIN (for himself, Mr. MCCAIN, Mr. LEVIN, Mr. WICKER, Mr. DURBIN, Mr. BLUMENTHAL, Mrs. SHAHEEN, and Mr. MARKEY) introduced 

the following bill; which was read twice and referred to the Committee 

on Foreign Relations 

A BILL 

To impose sanctions with respect to foreign persons responsible for gross violations of internationally recognized 

human rights, 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 ‘‘Global Human Rights 

5 Accountability Act’’. 

6 SEC. 2. DEFINITIONS. 

7 In this Act: 


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1 (1) APPROPRIATE CONGRESSIONAL COMMIT2 TEES.—The term ‘‘appropriate congressional com3 mittees’’ means— 

4 (A) the Committee on Armed Services, the 

5 Committee on Financial Services, the Com6 mittee on Foreign Affairs, the Committee on 

7 Homeland Security, and the Committee on the 

8 Judiciary of the House of Representatives; and 

9 (B) the Committee on Armed Services, the 

10 Committee on Banking, Housing, and Urban 

11 Affairs, the Committee on Foreign Relations, 

12 the Committee on Homeland Security and Gov13 ernmental Affairs, and the Committee on the 

14 Judiciary of the Senate. 

15 (2) FINANCIAL INSTITUTION.—The term ‘‘fi16 nancial institution’’ has the meaning given that term 

17 in section 5312 of title 31, United States Code. 

18 (3) FOREIGN PERSON.—The term ‘‘foreign per19 son’’ means a person that is not a United States 

20 person. 

21 (4) PERSON.—The term ‘‘person’’ means an in22 dividual or entity. 

23 (5) UNITED STATES PERSON.—The term 

24 ‘‘United States person’’ means— 


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1 (A) a United States citizen or an alien law2 fully admitted for permanent residence to the 

3 United States; or 

4 (B) an entity organized under the laws of 

5 the United States or of any jurisdiction within 

6 the United States, including a foreign branch of 

7 such an entity. 

8 SEC. 3. IDENTIFICATION OF FOREIGN PERSONS RESPON9 SIBLE FOR GROSS VIOLATIONS OF HUMAN 

10 RIGHTS. 

11 (a) IN GENERAL.—Not later than 120 days after the 

12 date of the enactment of this Act, the President shall sub13 mit to the appropriate congressional committees a list of 

14 each foreign person that the President determines, based 

15 on credible information— 

16 (1) is responsible for extrajudicial killings, tor17 ture, or other gross violations of internationally rec18 ognized human rights committed against individuals 

19 in any foreign country seeking— 

20 (A) to expose illegal activity carried out by 

21 government officials; or 

22 (B) to obtain, exercise, defend, or promote 

23 internationally recognized human rights and 

24 freedoms, such as the freedoms of religion, ex25 pression, association, and assembly, and the 


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1 rights to a fair trial and democratic elections; 

2 or 

3 (2) acted as an agent of or on behalf of a for4 eign person in a matter relating to an activity de5 scribed in paragraph (1). 

6 (b) UPDATES.—The President shall submit to the ap7 propriate congressional committees an update of the list 

8 required by subsection (a) as new information becomes 

9 available. 

10 (c) FORM.— 

11 (1) IN GENERAL.—The list required by sub12 section (a) shall be submitted in unclassified form. 

13 (2) EXCEPTION.—The name of a foreign person 

14 to be included in the list required by subsection (a) 

15 may be submitted in a classified annex only if the 

16 President— 

17 (A) determines that it is vital for the na18 tional security interests of the United States to 

19 do so; 

20 (B) uses the annex in a manner consistent 

21 with congressional intent and the purposes of 

22 this Act; and 

23 (C) not later than 15 days before submit24 ting the name in a classified annex, provides to 

25 the appropriate congressional committees notice 


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1 of, and a justification for, including or con2 tinuing to include each person in the classified 

3 annex despite any publicly available credible in4 formation indicating that the person engaged in 

5 an activity described in paragraph (1) or (2) of 

6 subsection (a). 

7 (3) CONSIDERATION OF CERTAIN INFORMA8 TION.—In preparing the list required by subsection 

9 (a), the President shall consider— 

10 (A) information provided by the chair11 person and ranking member of each of the ap12 propriate congressional committees; and 

13 (B) credible information obtained by other 

14 countries and nongovernmental organizations 

15 that monitor violations of human rights. 

16 (4) PUBLIC AVAILABILITY.—The unclassified 

17 portion of the list required by subsection (a) shall be 

18 made available to the public and published in the 

19 Federal Register. 

20 (d) REMOVAL FROM LIST.—A foreign person may be 

21 removed from the list required by subsection (a) if the 

22 President determines and reports to the appropriate con23 gressional committees not later than 15 days before the 

24 removal of the person from the list that— 


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1 (1) credible information exists that the person 

2 did not engage in the activity for which the person 

3 was added to the list; 

4 (2) the person has been prosecuted appro5 priately for the activity in which the person engaged; 

6 or 

7 (3) the person has credibly demonstrated a sig8 nificant change in behavior, has paid an appropriate 

9 consequence for the activities in which the person 

10 engaged, and has credibly committed to not engage 

11 in an activity described in paragraph (1) or (2) of 

12 subsection (a). 

13 (e) REQUESTS BY CHAIRPERSON AND RANKING

14 MEMBER OF APPROPRIATE CONGRESSIONAL COMMIT15 TEES.— 

16 (1) IN GENERAL.—Not later than 120 days 

17 after receiving a written request from the chair18 person and ranking member of one of the appro19 priate congressional committees with respect to 

20 whether a foreign person meets the criteria for being 

21 added to the list required by subsection (a), the 

22 President shall submit a response to that chair23 person and ranking member of the committee with 

24 respect to the status of the person. 


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1 (2) FORM.—The President may submit a re2 sponse required by paragraph (1) in classified form 

3 if the President determines that it is necessary for 

4 the national security interests of the United States 

5 to do so. 

6 (3) REMOVAL.— 

7 (A) IN GENERAL.—If the President re8 moves from the list required by subsection (a) 

9 a foreign person that has been placed on the 

10 list at the request of the chairperson and rank11 ing member of one of the appropriate congres12 sional committees, the President shall provide 

13 the chairperson and ranking member with any 

14 information that contributed to the removal de15 cision. 

16 (B) FORM OF INFORMATION.—The Presi17 dent may submit the information requested by 

18 subparagraph (A) in classified form if the 

19 President determines that it is necessary to the 

20 national security interests of the United States 

21 to do so. 

22 (f) NONAPPLICABILITY OF CONFIDENTIALITY RE23 QUIREMENT WITH RESPECT TO VISA RECORDS.—The 

24 President shall publish the list required by subsection (a) 

25 without regard to the requirements of section 222(f) of 


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1 the Immigration and Nationality Act (8 U.S.C. 1202(f)) 

2 with respect to confidentiality of records pertaining to the 

3 issuance or refusal of visas or permits to enter the United 

4 States. 

5 SEC. 4. INADMISSIBILITY OF CERTAIN INDIVIDUALS. 

6 (a) INELIGIBILITY FOR VISAS.—An individual who is 

7 a foreign person on the list required by section 3(a) is 

8 ineligible to receive a visa to enter the United States and 

9 ineligible to be admitted to the United States. 

10 (b) CURRENT VISAS REVOKED.—The Secretary of 

11 State shall revoke, in accordance with section 221(i) of 

12 the Immigration and Nationality Act (8 U.S.C. 1201(i)), 

13 the visa or other documentation of an individual who 

14 would be ineligible to receive such a visa or documentation 

15 under subsection (a). 

16 (c) WAIVER FOR NATIONAL SECURITY INTERESTS.— 

17 (1) IN GENERAL.—The Secretary of State may 

18 waive the application of subsection (a) or (b) in the 

19 case of an individual if— 

20 (A) the Secretary determines that such a 

21 waiver— 

22 (i) is necessary to permit the United 

23 States to comply with the Agreement be24 tween the United Nations and the United 

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1 quarters of the United Nations, signed 

2 June 26, 1947, and entered into force No3 vember 21, 1947, or other applicable inter4 national obligations of the United States; 

5 or 

6 (ii) is in the national security interests 

7 of the United States; and 

8 (B) before granting the waiver, the Sec9 retary provides to the appropriate congressional 

10 committees notice of, and a justification for, the 

11 waiver. 

12 (2) TIMING FOR NOTICE OF CERTAIN WAIV13 ERS.—In the case of a waiver under subparagraph 

14 (A)(ii) of paragraph (1), the Secretary shall submit 

15 the notice required by subparagraph (B) of that 

16 paragraph not later than 15 days before granting 

17 the waiver. 

18 (d) REGULATORY AUTHORITY.—The Secretary of 

19 State shall prescribe such regulations as are necessary to 

20 carry out this section. 

21 SEC. 5. FINANCIAL MEASURES. 

22 (a) FREEZING OF ASSETS.— 

23 (1) IN GENERAL.—The President shall exercise 

24 all powers granted by the International Emergency 

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1 cept that the requirements of section 202 of such 

2 Act (50 U.S.C. 1701) shall not apply) to the extent 

3 necessary to freeze and prohibit all transactions in 

4 all property and interests in property of a foreign 

5 person on the list required by section 3(a) of this 

6 Act if such property and interests in property are in 

7 the United States, come within the United States, or 

8 are or come within the possession or control of a 

9 United States person. 

10 (2) EXCEPTION.—Paragraph (1) shall not 

11 apply to foreign persons included on the classified 

12 annex under section 3(c)(2) if the President deter13 mines that such an exception is vital to the national 

14 security interests of the United States. 

15 (b) WAIVER FOR NATIONAL SECURITY INTERESTS.— 

16 The Secretary of the Treasury may waive the application 

17 of subsection (a) if the Secretary— 

18 (1) determines that such a waiver is in the na19 tional security interests of the United States; and 

20 (2) not later than 15 days before granting the 

21 waiver, provides to the appropriate congressional 

22 committees notice of, and a justification for, the 

23 waiver. 

24 (c) ENFORCEMENT.— 


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1 (1) PENALTIES.—A person that violates, at2 tempts to violate, conspires to violate, or causes a 

3 violation of this section or any regulation, license, or 

4 order issued to carry out this section shall be subject 

5 to the penalties set forth in subsections (b) and (c) 

6 of section 206 of the International Emergency Eco7 nomic Powers Act (50 U.S.C. 1705) to the same ex8 tent as a person that commits an unlawful act de9 scribed in subsection (a) of that section. 

10 (2) REQUIREMENTS FOR FINANCIAL INSTITU11 TIONS.—Not later than 120 days after the date of 

12 the enactment of this Act, the Secretary of the 

13 Treasury shall prescribe regulations requiring each 

14 financial institution that is a United States person 

15 and has within its possession or control assets that 

16 are property or interests in property of a foreign 

17 person on the list required by section 3(a) to certify 

18 to the Secretary that, to the best of the knowledge 

19 of the financial institution, the financial institution 

20 has frozen all assets within the possession or control 

21 of the financial institution that are required to be 

22 frozen pursuant to subsection (a). 

23 (d) REGULATORY AUTHORITY.—The Secretary of the 

24 Treasury shall issue such regulations, licenses, and orders 

25 as are necessary to carry out this section. 


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1 SEC. 6. REPORT TO CONGRESS. 

2 Not later than one year after the date of the enact3 ment of this Act, and annually thereafter, the Secretary 

4 of State and the Secretary of the Treasury shall each sub5 mit to the appropriate congressional committees a report 

6 on— 

7 (1) the actions taken to carry out this Act, in8 cluding— 

9 (A) the number of foreign persons added 

10 to or removed from the list required by section 

11 3(a) during the year preceding the report, the 

12 dates on which those persons were added or re13 moved, and the reasons for adding or removing 

14 those persons; and 

15 (B) if few or no persons have been added 

16 to that list during that year, the reasons for not 

17 adding more persons to the list; and 

18 (2) efforts by the executive branch to encourage 

19 the governments of other countries to impose sanc20 tions that are similar to the sanctions imposed under 

21 this Act. 

Æ 


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