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[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4695 Introduced in House (IH)]

<DOC>

116th CONGRESS
  1st Session
                                H. R. 4695

  To impose sanctions with respect to Turkey, and for other purposes.

_______________________________________________________________________

                    IN THE HOUSE OF REPRESENTATIVES

                            October 16, 2019

 Mr. Engel (for himself and Mr. McCaul) introduced the following bill; 
which was referred to the Committee on Foreign Affairs, and in addition 
to the Committees on Financial Services, Oversight and Reform, Ways and 
     Means, the Judiciary, and Armed 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 impose sanctions with respect to Turkey, 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.

    This Act may be cited as the ``Protect Against Conflict by Turkey 
Act'' or the ``PACT Act''.

SEC. 2. SENSE OF CONGRESS.

    It is the sense of Congress that--
            (1) the United States and Turkey have been treaty allies 
        since 1952, when Turkey became a member of the North Atlantic 
        Treaty Organization (NATO);
            (2) being a NATO member means that Turkey is treaty bound 
        to safeguard the principles of democracy, individual liberty, 
        and the rule of law, and importantly, should be united with 
        other NATO allies in efforts for collective defense and the 
        preservation of peace and security;
            (3) Turkey's military invasion of northern Syria on October 
        9, 2019, is an unacceptable and unnecessary escalation of 
        tensions with the potential to cause a severe humanitarian 
        crisis and undo the collective gains made in the fight against 
        the Islamic State of Iraq and Syria (ISIS) by the United States 
        and the 81 countries and organizations of Global Coalition to 
        Defeat ISIS, including NATO and the European Union (EU);
            (4) Turkey should immediately cease attacks against the 
        Syrian Democratic Forces, Kurdish and Arab civilians, and other 
        religious and ethnic minority communities in northern Syria and 
        recall its forces back to Turkey;
            (5) targeted sanctions against Turkey are an appropriate 
        response in order for Turkey to be held accountable for its 
        military invasion of northern Syria;
            (6) Turkey's military invasion of northern Syria is the 
        latest example of the weakening and problematic United States-
        Turkey bilateral relationship and undermines the security of 
        the United States and its NATO allies, including that of 
        Turkey; and
            (7) the Syrian Democratic Forces (SDF) have been critical 
        partners to the United States and allied counter-ISIS and 
        broader counterterrorism efforts in Syria.

SEC. 3. SANCTIONS AGAINST SENIOR TURKISH OFFICIALS.

    (a) In General.--Not later than 15 days after the date of the 
enactment of this Act, the President shall impose the sanctions 
described in section 11 with respect to the following foreign persons 
in connection with Turkey's military invasion of northern Syria on 
October 9, 2019:
            (1) The Minister of National Defense of Turkey.
            (2) The Chief of the General Staff of the Turkish Armed 
        Forces.
            (3) The Commander of the 2nd Army of the Turkish Armed 
        Forces.
            (4) The Minister of Treasury and Finance of Turkey.
    (b) Additional Sanctions.--
            (1) List.--Not later than 30 days after the date of the 
        enactment of this Act, the Secretary of State, in consultation 
        with the Secretary of Defense and the Director of National 
        Intelligence, shall submit to the President and appropriate 
        congressional committees a list of the following foreign 
        persons in connection with Turkey's military invasion of 
        northern Syria on October 9, 2019:
                    (A) Senior Turkish defense officials involved in 
                the decision to invade northern Syria.
                    (B) Senior Turkish military officials leading 
                attacks against the Syrian Democratic Forces, Kurdish 
                and Arab civilians, or other religious or ethnic 
                minority communities in northern Syria.
                    (C) Turkish officials significantly facilitating 
                Turkey's military invasion of northern Syria.
                    (D) Any Turkish official or member of the Turkish 
                Armed Forces who is responsible for, complicit in, or 
                has directly or indirectly engaged, or has attempted to 
                engage in any of the following relating to Turkey's 
                invasion of northern Syria:
                            (i) A violation of the law of armed 
                        conflict.
                            (ii) A gross violation of internationally 
                        recognized human rights.
            (2) Updates.--The list required under paragraph (1) shall 
        be updated every 60 days, until the sanctions under this 
        section are terminated in accordance with section 7.
            (3) Imposition.--Not later than 15 days after submission of 
        the list required under paragraph (1) and each update relating 
        thereto in accordance with paragraph (2), the President shall 
        impose the sanctions described in section 11 with respect to 
        foreign persons identified in such list and related updates.

SEC. 4. PROHIBITION ON ARMS TRANSFERS TO TURKISH MILITARY UNITS IN 
              SYRIA.

    (a) Prohibition.--No United States defense articles, defense 
services, or technology under the Arms Export Control Act (22 U.S.C. 
2751 et seq.) may be transferred to the Government of Turkey if such 
articles, services, or technology could be used in operations by the 
Turkish Armed Forces in northern Syria.
    (b) Exception.--The prohibition under subsection (a) shall not 
apply to transfers for ultimate end use by the United States military 
or in military operations approved by the North Atlantic Treaty 
Organization.
    (c) No Use of Emergency Authority.--The authority of the President 
to waive statutory congressional review periods under the Arms Export 
Control Act in cases in which an emergency exists shall not apply to 
the transfer of defense articles, defense services, or technology to 
the Government of Turkey.

SEC. 5. SANCTIONS AGAINST FOREIGN PERSONS PROVIDING ARMS TO TURKISH 
              ARMED FORCES IN SYRIA.

    (a) Report.--Not later than 30 days after the date of the enactment 
of this Act, the Secretary of State, in consultation with the Secretary 
of Defense and the Director of National Intelligence, shall submit to 
the President and appropriate congressional committees a list of any 
foreign persons determined to knowingly have provided, on or after such 
date of enactment, defense articles, defense services, or technology to 
the Government of Turkey if such articles, services, or technology 
could be used in operations by the Turkish Armed Forces in northern 
Syria. Such list shall be updated every 60 days or as new information 
becomes available, until the sanctions under this section are 
terminated in accordance with section 7.
    (b) Sanctions.--The President shall impose the sanctions described 
in section 11 with respect to any foreign persons identified on the 
list and related updates required under subsection (a).
    (c) Exception.--The sanctions imposed pursuant to this section 
shall not apply to transfers for ultimate end use by the United States 
military or in military operations approved by the North Atlantic 
Treaty Organization.
    (d) Waiver.--
            (1) In general.--The President may waive, on a case-by-case 
        basis and for a period of not more than 90 days, the imposition 
        of sanctions under this section with respect to a foreign 
        person if the President determines it is important to the 
        national security interests of the United States to do so and, 
        not later than 15 days before issuing such a waiver, submits to 
        the appropriate congressional committees a justification 
        relating to such determination.
            (2) Renewal of waivers.--The President may, on a case-by-
        case basis, renew a waiver under paragraph (1) for an 
        additional period of not more than 90 days if, not later than 
        15 days before such a waiver expires, the President determines 
        it is important to the national security interests of the 
        United States to do so and submits to the appropriate 
        congressional committees a justification relating to such 
        determination.

SEC. 6. TARGETED FINANCIAL SANCTIONS.

    (a) Halk Bankas( or Halkbank.--Not later than 15 days after the 
date of enactment of this Act, the President shall impose the sanctions 
described in section 11(1) with respect to Halk Bankas( or Halkbank or 
any successor entity thereof.
    (b) Financial Institutions.--If the Secretary of State, in 
consultation with the Secretary of Defense, Secretary of Treasury, and 
Director of National Intelligence, determines that any financial 
institution, in addition to the financial institutions specified in 
subsection (a), has knowingly facilitated significant transactions for 
the Turkish Armed Forces or defense industry relating to Turkey's 
invasion of northern Syria, the President shall, not later than 60 days 
after any such determination, impose the sanctions described in section 
11(1) with respect to any such financial institution.

SEC. 7. TERMINATION AUTHORITY.

    (a) Sections 3, 4, and 5.--The authority to impose sanctions under 
sections 3 and 5 (and the sanctions imposed pursuant to such sections) 
and the prohibitions under section 4 shall terminate if the President 
determines and submits to the appropriate congressional committees a 
finding that--
            (1) Turkey has halted attacks against the Syrian Democratic 
        Forces, Kurdish and Arab civilians, and other religious and 
        ethnic minority communities in northern Syria;
            (2) Turkish forces not involved in coordinated operations 
        with NATO allies or the Global Coalition to Defeat ISIS have 
        withdrawn from northern Syria; and
            (3) Turkey is not hindering counter-terrorism operations 
        against ISIS.
    (b) Section 6.--The authority to impose financial sanctions under 
section 6 (and the sanctions imposed pursuant to such section) shall 
terminate if the President determines and submits to the appropriate 
congressional committees the finding described in subsection (a)(1).

SEC. 8. IMPOSITION OF CAATSA SECTION 231 SANCTIONS AGAINST TURKEY.

    (a) Determination.--For the purposes of section 231 of the 
Countering America's Adversaries Through Sanctions Act (22 U.S.C. 
9525), Turkey'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 five or more of the 
sanctions described in section 235 of the Countering America's 
Adversaries Through Sanctions Act (22 U.S.C. 9529) with respect to the 
Government of Turkey.

SEC. 9. PLANS AND REPORTS TO ADDRESS NATIONAL SECURITY THREATS CAUSED 
              BY TURKEY'S INVASION OF NORTHERN SYRIA.

    Not later than 60 days after the date of the enactment of this 
Act--
            (1) the Secretary of Defense shall submit to the 
        appropriate congressional committees--
                    (A) a plan to ensure that ISIS detainees and 
                families held in Syria remain under proper custody and 
                do not threaten United States security interests; and
                    (B) a report on the impact that the Turkish 
                invasion is having on counterterrorism operations in 
                Syria and a plan for how to adapt counter-ISIS 
                operations in light of such impacts; and
            (2) the Secretary of State shall submit to the appropriate 
        congressional committees a plan for how the United States will 
        assist the Syrian Democratic Forces, Kurdish and Arab 
        civilians, and other religious and ethnic minority communities 
        affected by Turkey's invasion of northern Syria.

SEC. 10. REPORT ON NET WORTH OF PRESIDENT RECEP TAYYIP ERDOGAN.

    Not later than 120 days after the date of the enactment of this 
Act, the Secretary of State, in consultation with the Secretary of the 
Treasury and the Director of National Intelligence, shall submit to the 
appropriate congressional committees a report on the estimated net 
worth and known sources of income of Turkish President Recep Tayyip 
Erdogan and his family members (including spouse, children, parents, 
and siblings), including assets, investments, other business interests, 
and relevant beneficial ownership information.

SEC. 11. SANCTIONS DESCRIBED.

    The sanctions described in this section are the following:
            (1) Asset blocking.--The President shall exercise all of 
        the powers granted by the International Emergency Economic 
        Powers Act (50 U.S.C. 1701 et seq.) (except that the 
        requirements of section 202 of such Act (50 U.S.C. 1701) shall 
        not apply) to the extent necessary to block and prohibit all 
        transactions in all property and interests in property of a 
        person 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.
            (2) Aliens inadmissible for visas, admission, or parole.--
                    (A) Visas, admission, or parole.--A foreign person 
                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.--The visa or other entry 
                documentation of a foreign person shall be revoked, 
                regardless of when such visa or other entry 
                documentation is or was issued. A revocation under this 
                subparagraph shall take effect immediately and 
                automatically cancel any other valid visa or entry 
                documentation that is in the foreign person's 
                possession.
                    (C) Exception to comply with united nations 
                headquarters agreement.--Sanctions under this paragraph 
                shall not apply to an individual if admitting such 
                individual into the United States is necessary to 
                permit the United States to comply with the Agreement 
                regarding the Headquarters of the United Nations, 
                signed at Lake Success June 26, 1947, and entered into 
                force November 21, 1947, between the United Nations and 
                the United States, or other applicable international 
                obligations of the United States.

SEC. 12. IMPLEMENTATION.

    (a) In General.--The President--
            (1) 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; and
            (2) shall issue such regulations, licenses, and orders as 
        are necessary to carry out this Act.
    (b) Penalties.--The penalties provided for in subsections (b) and 
(c) of section 206 of the International Emergency Economic Powers Act 
(50 U.S.C. 1705) shall apply to any person who violates, attempts to 
violate, conspires to violate, or causes a violation of any prohibition 
of this Act, or an order or regulation prescribed under this Act, to 
the same extent that such penalties apply to a person that commits an 
unlawful act described in subsection (a) of that section.

SEC. 13. EXCEPTION RELATING TO IMPORTATION OF GOODS.

            (1) In general.--The authorities and requirements to impose 
        sanctions under this Act or any amendments made by this Act 
        shall not include the authority or requirement to impose 
        sanctions on the importation of goods.
            (2) Good defined.--In this section, the term ``good'' means 
        any article, natural or man-made substance, material, supply or 
        manufactured product, including inspection and test equipment 
        and excluding technical data.

SEC. 14. HUMANITARIAN WAIVER.

    The President may waive the application of any provision of this 
Act for the purpose of providing humanitarian assistance if the 
President certifies to the appropriate congressional committees that 
such a waiver is important to address a humanitarian need and 
consistent with the national security interests of the United States, 
not later than 15 days before issuing such a waiver, the President 
submits to such committees a justification relating to such 
determination.

SEC. 15. DEFINITIONS.

    In this Act:
            (1) Admission; admitted; alien.--The terms ``admission'', 
        ``admitted'', and ``alien'' have the meanings given such terms 
        in section 101 of the Immigration and Nationality Act (8 U.S.C. 
        1101).
            (2) Appropriate congressional committees.--The term 
        ``appropriate congressional committees'' means--
                    (A) the Committee on Foreign Affairs, the Committee 
                on Armed Services, and the Committee on Financial 
                Services of the House of Representatives; and
                    (B) the Committee on Foreign Relations, the 
                Committee on Armed Services, and the Committee on 
                Banking, Housing, and Urban Affairs of the Senate.
            (3) Foreign person.--The term ``foreign person'' means an 
        individual or entity that is not a United States person.
            (4) Gross violations of internationally recognized human 
        rights.--The term ``gross violations of internationally 
        recognized human rights'' has the meaning given such term in 
        section 502B(d)(1) of the Foreign Assistance Act of 1961 (22 
        U.S.C. 2304(d)(1)).
            (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. 16. SUNSET.

    This Act shall terminate on the date that is three years after the 
date on which sanctions imposed pursuant to this Act have terminated.
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