II 

110TH CONGRESS 

2D SESSION S. 3058 

To prohibit the importation of certain products that contain or are derived 

from columbite-tantalite or cassiterite mined or extracted in the Democratic Republic of the Congo, and for other purposes. 

IN THE SENATE OF THE UNITED STATES 

MAY 22, 2008 

Mr. BROWNBACK (for himself and Mr. DURBIN) introduced the following bill; 

which was read twice and referred to the Committee on Finance 

A BILL 

To prohibit the importation of certain products that contain 

or are derived from columbite-tantalite or cassiterite 

mined or extracted in the Democratic Republic of the 

Congo, 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 ‘‘Conflict Coltan and 

5 Cassiterite Act of 2008’’. 


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1 SEC. 2. IDENTIFICATION OF GROUPS THAT COMMIT CER2 TAIN VIOLATIONS OF INTERNATIONAL LAW. 

3 (a) IN GENERAL.—Not later than 45 days after the 

4 date of the enactment of this Act, the President shall de5 velop and submit to Congress a list of groups in the Demo6 cratic Republic of the Congo, including units of the army 

7 of the Democratic Republic of the Congo, that— 

8 (1) commit serious violations of human rights; 

9 (2) commit violations of international humani10 tarian law; or 

11 (3) commit crimes under international law. 

12 (b) UPDATES.—The President shall update the list 

13 required by subsection (a) not less frequently than once 

14 each year. 

15 SEC. 3. PROHIBITION ON IMPORTS OF CERTAIN MINERALS 

16 FROM THE DEMOCRATIC REPUBLIC OF THE 

17 CONGO. 

18 (a) PROHIBITION.—Notwithstanding any other provi19 sion of law, until the President makes the certification de20 scribed in subsection (c), no products may be imported 

21 into the United States— 

22 (1) that contain or are derived from columbite23 tantalite or cassiterite that is extracted, mined, or 

24 otherwise produced in the Democratic Republic of 

25 the Congo; and 


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1 (2) the extraction, mining, or production of 

2 which benefits a group on the list developed under 

3 section 2(a). 

4 (b) BENEFIT DEFINED.—For purposes of subsection 

5 (a), the extraction, mining, or production of columbite6 tantalite or cassiterite benefits a group on the list devel7 oped under section 2(a) if the sale of the columbite-tanta8 lite or cassiterite, as the case may be, results in arms or 

9 money being transferred directly or indirectly to the 

10 group. 

11 (c) CERTIFICATION.—The prohibition described in 

12 subsection (a) shall terminate on the date that is 45 days 

13 after the date on which the President certifies to Congress 

14 that the violations of human rights, violations of inter15 national humanitarian law, and crimes under international 

16 law committed in the Democratic Republic of Congo by 

17 groups on the list developed under section 2(a) have 

18 ceased. 

19 SEC. 4. PENALTIES. 

20 (a) IN GENERAL.— 

21 (1) UNLAWFUL ACTS.—It shall be unlawful for 

22 a person to violate, attempt to violate, conspire to 

23 violate, or cause a violation of section 3(a). 

24 (2) CIVIL PENALTY.—A civil penalty may be 

25 imposed on any person that commits an unlawful act 


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1 described in subsection (a) in an amount not to ex2 ceed $10,000. 

3 (3) CRIMINAL PENALTY.—A person that will4 fully commits or willfully attempts to commit an un5 lawful act described in subsection (a), upon convic6 tion— 

7 (A) in the case of a corporation or other 

8 legal entity, shall be fined not more than 

9 $50,000; or 

10 (B) in the case of a natural person, includ11 ing an officer, director, or agent of a corpora12 tion or other legal entity, may— 

13 (i) be fined not more than $50,000; 

14 (ii) be imprisoned for not more than 

15 10 years; or 

16 (iii) be fined under clause (i) and im17 prisoned under clause (ii). 

18 (b) IMPORT VIOLATIONS.—In addition to the pen19 alties provided for in subsection (a), any violation of sec20 tion 3(a) that violates any other customs law of the United 

21 States shall be subject to any applicable civil or criminal 

22 penalty, including seizure and forfeiture, that may be im23 posed under such customs law or title 18, United States 


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1 Code, with respect to the importation of products de2 scribed in section 3(a) of this Act. 

Æ 


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