II 

116TH CONGRESS 

1ST SESSION S. 1468 

To support the successful implementation of the 1991 Paris Peace Agreement 

in Cambodia, and for other purposes. 

IN THE SENATE OF THE UNITED STATES 

MAY 14, 2019 

Mr. GRAHAM (for himself, Mr. DURBIN, and Mr. RUBIO) introduced the following bill; which was read twice and referred to the Committee on Foreign Relations 

A BILL 

To support the successful implementation of the 1991 Paris 

Peace Agreement in Cambodia, 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 ‘‘Cambodia Account5 ability and Return on Investment Act of 2019’’. 

6 SEC. 2. STRENGTHENING DEMOCRACY AND THE SOV7 EREIGNTY OF CAMBODIA. 

8 (a) CONDITIONS OF ASSISTANCE FOR CAMBODIA.— 

9 (1) IN GENERAL.—No funds authorized to be 

10 appropriated for assistance for the Government of 


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1 Cambodia may be made available for that purpose 

2 unless the Secretary of State makes the certification 

3 described in paragraph (2). 

4 (2) CERTIFICATION DESCRIBED.—The certifi5 cation described in this paragraph is a certification 

6 to the appropriate congressional committees that the 

7 Government of Cambodia is taking effective steps 

8 to— 

9 (A) strengthen regional security and sta10 bility, particularly regarding territorial disputes 

11 in the South China Sea and the enforcement of 

12 international sanctions with respect to North 

13 Korea; 

14 (B) protect its sovereignty from inter15 ference by the People’s Republic of China; and 

16 (C) respect the rights and responsibilities 

17 enshrined in the Constitution of the Kingdom 

18 of Cambodia enacted in 1993, including— 

19 (i) the immediate and unconditional 

20 release from house arrest of opposition pol21 itician Kem Sokha and the dismissal of the 

22 politically motivated charges against him; 

23 (ii) the immediate and unconditional 

24 release from detention of all other known 

25 political opposition party members and 


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1 civil society representatives who were pros2 ecuted for exercising their civil or political 

3 rights, and dismissal of the politically mo4 tivated charges against them; 

5 (iii) the dismissal of politically moti6 vated criminal charges against other oppo7 sition party leaders and supporters, includ8 ing opposition leader Sam Rainsy, and 

9 criminal charges against other dissidents, 

10 government critics, and journalists, includ11 ing Radio Free Asia journalists Uon Chhin 

12 and Yeang Sothearin; 

13 (iv) the repeal of 2017 and 2019 

14 amendments to the Law on Political Par15 ties that permitted the arbitrary dissolu16 tion of opposition parties in Cambodia, in17 cluding the Cambodia National Rescue 

18 Party, and the prohibition of over 100 op19 position party members from political ac20 tivity; and 

21 (v) the repeal of laws, amendments, 

22 decrees, and regulations that serve as a 

23 pretext for the Government of Cambodia to 

24 prosecute opposition political party mem25 bers and political dissidents and to 


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1 weaponize the rule of law, including: the 

2 Law on Associations and Non-Govern3 mental Organizations; the Law on Trade 

4 Unions; the Law on Telecommunications; 

5 National Law Decree No. 170 Br.K/Inter6 ministerial (Prakas) allowing for the re7 moval and blocking of online content that 

8 is critical of such government; and con9 stitutional amendments and amendments 

10 to the Penal Code introducing clauses on 

11 lese majeste. 

12 (b) INADMISSIBILITY OF INDIVIDUALS WHO UNDER13 MINE DEMOCRACY IN CAMBODIA.— 

14 (1) POLICY.— 

15 (A) IN GENERAL.—The Secretary of State, 

16 in consultation with the Secretary of Homeland 

17 Security, shall continue to implement the policy 

18 announced by the Department of State on De19 cember 6, 2017, to restrict entry into the 

20 United States of individuals involved in under21 mining democracy in Cambodia, including— 

22 (i) senior officials of the Government 

23 of Cambodia, including the military, gen24 darmerie, police, and judiciary; 


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1 (ii) officers and employees of entities, 

2 including international commercial facilita3 tors and offshore entities, owned or con4 trolled by such officials; and 

5 (iii) immediate family members of 

6 such officials. 

7 (B) DURATION.—The entry restriction pol8 icy described in subparagraph (A) shall remain 

9 in effect until the Secretary of State makes the 

10 certification described in subsection (a)(2). 

11 (2) REPORT REQUIRED.— 

12 (A) IN GENERAL.—Not later than 30 days 

13 after the date of the enactment of this Act, and 

14 every 90 days thereafter until December 31, 

15 2021, the Secretary of State shall submit to the 

16 appropriate congressional committees a report 

17 that— 

18 (i) describes the measures taken to 

19 implement the entry restriction policy de20 scribed in paragraph (1)(A); and 

21 (ii) includes a comprehensive list of 

22 the individuals subject to the policy. 

23 (B) FORM OF REPORT.—Each report re24 quired by subparagraph (A) shall be submitted 


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1 in unclassified form but may include a classified 

2 annex. 

3 (c) BLOCKING OF PROPERTY OF INDIVIDUALS WHO

4 UNDERMINE DEMOCRACY IN CAMBODIA.— 

5 (1) REPORTS TO OFFICE OF FOREIGN ASSETS

6 CONTROL.—Not later than 60 days after the date of 

7 the enactment of this Act, the President shall take 

8 such action as is necessary to direct, including 

9 through the promulgation of regulations, that any 

10 United States financial institution holding, man11 aging, or transferring property or interests in prop12 erty of an individual described in subsection 

13 (b)(1)(A), shall promptly report such property or in14 terests in property to the Office of Foreign Assets 

15 Control of the Department of the Treasury. 

16 (2) BLOCKING OF PROPERTY.—The President 

17 may, pursuant to the International Emergency Eco18 nomic Powers Act (50 U.S.C. 1701 et seq.) and sub19 ject to such regulations as the President may pre20 scribe, block and prohibit all transactions in all 

21 property and interests in property of an individual 

22 described in subsection (b)(1)(A), if such property 

23 and interests in property are in the United States, 

24 come within the United States, or are or come withVerDate Sep 11 2014 02:20 May 25, 2019 Jkt 089200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6201 E:\BILLS\S1468.IS S1468

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1 in the possession or control of a United States per2 son. 

3 (3) PENALTIES.—A person that violates, at4 tempts to violate, conspires to violate, or causes a 

5 violation of this subsection or any regulation, license, 

6 or order issued to carry out this subsection shall be 

7 subject to the penalties set forth in subsections (b) 

8 and (c) of section 206 of the International Emer9 gency Economic Powers Act (50 U.S.C. 1705) to the 

10 same extent as a person that commits an unlawful 

11 act described in subsection (a) of that section. 

12 (d) SUSPENSION OF ELIGIBILITY FOR GENERALIZED

13 SYSTEM OF PREFERENCES.—Not later than 90 days after 

14 the date of the enactment of this Act, the designation of 

15 Cambodia under section 502 of the Trade Act of 1974 

16 (19 U.S.C. 2462) as a beneficiary developing country for 

17 purposes of the Generalized System of Preferences under 

18 title V of that Act (19 U.S.C. 2461 et seq.) shall be sus19 pended until the Secretary of State makes the certification 

20 described in subsection (a)(2). 

21 (e) PROHIBITION ON DEBT RELIEF.—The Secretary 

22 of State may not negotiate for or establish a program of 

23 debt relief for the Government of Cambodia until the Sec24 retary of State makes the certification described in sub25 section (a)(2). 


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1 (f) OPPOSITION TO LOANS AND ASSISTANCE BY

2 INTERNATIONAL FINANCIAL INSTITUTIONS.—The Sec3 retary of the Treasury shall instruct the United States ex4 ecutive director to each international financial institution 

5 to use the voice and vote of the United States to oppose 

6 the extension by that institution of any loan or financial 

7 or technical assistance for the Government of Cambodia, 

8 other than to meet basic human needs, until the Secretary 

9 of State makes the certification described in subsection 

10 (a)(2). 

11 (g) ONLINE INFORMATION PROGRAMS ON THE IN12 TERFERENCE OF THE PEOPLE’S REPUBLIC OF CHINA IN

13 THE SOVEREIGNTY OF CAMBODIA.—There are authorized 

14 to be appropriated such sums as may be necessary for 

15 Khmer-language programs to be broadcast on the internet 

16 that inform and educate the people of Cambodia on the 

17 role of— 

18 (1) the Government of the People’s Republic of 

19 China in supporting the Communist Party of 

20 Kampuchea and the Democratic Kampuchea regime 

21 of Pol Pot; 

22 (2) the international community, particularly 

23 the United States, in supporting implementation of 

24 the Agreement on a Comprehensive Political Settle25 ment of the Cambodia Conflict, signed October 23, 


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1 1991 (commonly known as the ‘‘1991 Paris Peace 

2 Agreement’’), and providing assistance for the devel3 opment of Cambodia from 1991 to 2018, consistent 

4 with the letter and spirit of that Agreement; 

5 (3) the Government of Cambodia in imple6 menting that Agreement; and 

7 (4) the People’s Republic of China in under8 mining the sovereignty of Cambodia today, includ9 ing— 

10 (A) the extent of its influence among sen11 ior Government of Cambodia officials and overt 

12 and covert methods for exerting such influence; 

13 (B) involvement in licit and illicit busi14 nesses, particularly in the coastal provinces of 

15 Koh Kong and Sihanoukville; and 

16 (C) the strategic designs on the geography 

17 of Cambodia for military and other security 

18 purposes through dual use investments and 

19 projects. 

20 (h) DEFINITIONS.—In this section: 

21 (1) APPROPRIATE CONGRESSIONAL COMMIT22 TEES.—The term ‘‘appropriate congressional com23 mittees’’ means— 

24 (A) the Committee on Appropriations, the 

25 Committee on Banking, Housing, and Urban 


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1 Affairs, and the Committee on Foreign Rela2 tions of the Senate; and 

3 (B) the Committee on Appropriations, the 

4 Committee on Financial Services, and the Com5 mittee on Foreign Affairs of the House of Rep6 resentatives. 

7 (2) INTERNATIONAL FINANCIAL INSTITU8 TION.—The term ‘‘international financial institu9 tion’’ has the meaning given that term in section 

10 1701(c) of the International Financial Institutions 

11 Act (22 U.S.C. 262r(c)). 

12 (3) UNITED STATES PERSON.—The term 

13 ‘‘United States person’’ means— 

14 (A) a United States citizen or an alien law15 fully admitted for permanent residence to the 

16 United States; or 

17 (B) an entity organized under the laws of 

18 the United States or of any jurisdiction within 

19 the United States, including a foreign branch of 

20 such an entity. 

Æ 


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