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[Congressional Bills 115th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5754 Introduced in House (IH)]

<DOC>

115th CONGRESS
  2d Session
                                H. R. 5754

   To promote free and fair elections, political freedoms, and human 
              rights in Cambodia, and for other purposes.

_______________________________________________________________________

                    IN THE HOUSE OF REPRESENTATIVES

                              May 10, 2018

  Mr. Yoho (for himself, Mr. Lowenthal, Mr. Royce of California, Mr. 
  Engel, Mr. Sherman, and Mr. Chabot) introduced the following bill; 
which was referred to the Committee on Foreign Affairs, and in addition 
  to the Committee on the Judiciary, 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 promote free and fair elections, political freedoms, and human 
              rights in Cambodia, 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 ``Cambodia Democracy Act of 2018''.

SEC. 2. FINDINGS.

    Congress finds the following:
            (1) Cambodia's present political system was established in 
        1991, after decades of internal conflict, by the United 
        Nations-brokered Paris Peace Accords. The first national 
        elections under this system were administered by the United 
        Nations in 1993. Hun Sen, the current Prime Minister of 
        Cambodia, has been in power in Cambodia since before this time, 
        serving as premier from 1985 to 1993, and as Prime Minister 
        thereafter. Hun Sen has used his position to cling to the 
        pinnacle of power in Cambodia for 32 years, through tactics 
        including coup d'etat, irregular election procedures, and the 
        silencing of opposition voices.
            (2) In Cambodia's most recent general elections in 2013, 
        Hun Sen's Cambodian People's Party (CPP) maintained its 
        parliamentary majority by the smallest margin to date, while a 
        unified opposition Cambodia National Rescue Party (CNRP) made 
        substantial gains. The Department of State's Country Reports on 
        Human Rights Practices for 2016 described Cambodia's 2013 
        elections as ``largely free of intimidation, in contrast to 
        previous national elections'', yet also ``fraught with 
        irregularities''. Subsequent local elections marked similar 
        setbacks for the ruling CPP.
            (3) Cambodia's next general elections will occur in June 
        2018. According to the 2017 Freedom in the World Report issued 
        by Freedom House, in the intervening period Hun Sen has 
        overseen ``a decisive crackdown on the country's beleaguered 
        opposition and press corps as his [CPP] prepared for national 
        elections''. Regional experts have reached a general consensus 
        that Hun Sen and the CPP have undertaken this crackdown to 
        consolidate power ahead of an election that may have ended 
        their grip on power.
            (4) Hun Sen's actions in late 2017 pushed Cambodia further 
        away from democracy. In late August 2017, the regime shut down 
        the National Democratic Institute and expelled its entire 
        foreign staff from the country within a week. Less than a week 
        later, radio stations carrying Radio Free Asia and Voice of 
        America were also shut down by the regime. On September 3, 
        2017, authorities arrested Kem Sokha, the leader of the CNRP, 
        and charged him with treason, allegedly for participating in an 
        American plot to undermine Hun Sen's regime. Kem Sokha remains 
        in detention. On November 16, 2017, Cambodia's Supreme Court 
        dissolved the CNRP, eliminating the most popular and viable 
        challenger to Hun Sen's regime. Subsequent actions by Hun Sen 
        have aimed to ``cement total control over Cambodian government 
        and business'', according to Human Rights Watch.
            (5) Since the dissolution of the CNRP, both the Department 
        of State and the White House have issued statements condemning 
        the Hun Sen regime's actions to undermine democracy and calling 
        for Kem Sokha's release. On November 16, 2017, the White House 
        announced that the United States would terminate support for 
        Cambodia's National Election Committee. On December 6, 2017, 
        the Department of State began implementing visa restrictions 
        for officials responsible for undermining Cambodian democracy. 
        On February 27, 2018, the White House announced further 
        assistance reductions following Cambodian Senate elections on 
        February 25 which did not represent the genuine will of the 
        Cambodian people.

SEC. 3. SANCTIONS RELATING TO UNDERMINING DEMOCRACY IN CAMBODIA.

    (a) Designation of Persons Responsible for Undermining Democracy in 
Cambodia.--Not later than 180 days after the date of enactment of this 
Act, the President shall apply the sanctions described in subsection 
(b) on--
            (1) each senior official of the Government, military, or 
        security forces of Cambodia that the President determines has 
        directly and substantially undermined democracy in Cambodia; 
        and
            (2) each senior official of the Government, military, or 
        security forces of Cambodia that the President determines has 
        committed or directed serious human rights violations 
        associated with undermining democracy in Cambodia.
    (b) Sanctions Described.--
            (1) Asset blocking.--The President shall exercise all of 
        the powers granted to the President under the International 
        Emergency Economic Powers Act (50 U.S.C. 1701 et seq.) to the 
        extent necessary to block and prohibit all transactions in 
        property and interests in property of a person designated under 
        subsection (a) 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) Visa restrictions.--
                    (A) In general.--The Secretary of State, in 
                consultation with the Secretary of Homeland Security, 
                shall continue to implement the policy announced by the 
                Department of State on December 6, 2017, to restrict 
                entry into the United States of person involved in 
                undermining democracy in Cambodia, including any person 
                designated under subsection (a).
                    (B) Exception for multilateral activities.--Persons 
                otherwise restricted from entry into the United States 
                under this section may be admitted if such admission is 
                necessary to comply with United States obligations 
                under the Agreement between the United Nations and the 
                United States of America regarding the Headquarters of 
                the United Nations, signed at Lake Success June 26, 
                1947, and entered into force November 21, 1947, or 
                under the Convention on Consular Relations, done at 
                Vienna April 24, 1963, and entered into force March 19, 
                1967, or other applicable international obligations of 
                the United States.
            (3) 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 a person 
        that violates, attempts to violate, conspires to violate, or 
        causes a violation of paragraph (1) to the same extent that 
        such penalties apply to a person that commits an unlawful act 
        described in subsection (a) of such section 206.
    (e) List of Designated Persons.--
            (1) In general.--Not later than 180 days after the date of 
        the enactment of this Act, the President shall transmit to the 
        appropriate congressional committees a list of persons 
        designated under subsection (a).
            (2) Updates.--The President shall transmit to the 
        appropriate congressional committees updated lists under 
        paragraph (1) as new information becomes available.
    (f) Implementation.--The President may exercise all authorities 
provided under sections 203 and 205 of the International Emergency 
Economic Powers Act (50 U.S.C. 1702 and 1704) to carry out this 
section.
    (g) Waiver.--The President may waive the application of sanctions 
described in subsection (b) with respect to a person described in 
subsection (a) if the President determines and certifies to the 
appropriate congressional committees that such waiver is in the 
national interest of the United States.

SEC. 4. SUSPENSION AND TERMINATION OF SANCTIONS.

    (a) Suspension.--The sanctions described in section 3 may be 
suspended for up to one year upon certification by the President to the 
appropriate congressional committees that Cambodia is making meaningful 
progress toward the following:
            (1) Ending government efforts to undermine democracy.
            (2) Ending human rights violations associated with 
        undermining democracy.
            (3) Conducting free and fair elections which allow for the 
        active participation of credible opposition candidates.
    (b) Renewal of Suspension.--The suspension described in subsection 
(a) may be renewed for additional, consecutive 180-day periods if the 
President certifies to the appropriate congressional committees that 
Cambodia is continuing to make meaningful progress towards satisfying 
the conditions described in such subsection during the previous year.

SEC. 5. SUNSET.

    This Act shall terminate on the date that is five years after the 
date of the enactment of this Act.

SEC. 6. DEFINITIONS.

    In this Act:
            (1) Appropriate congressional committees.--The term 
        ``appropriate congressional committees'' means the Committee on 
        Foreign Affairs and the Committee on Financial Services of the 
        House of Representatives, and the Committee on Foreign 
        Relations and the Committee on Banking, Housing, and Urban 
        Affairs of the Senate.
            (2) United states person; 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 of any jurisdiction of the United 
                States, including a foreign branch of such an entity.
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