I 

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. 

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 Democracy 

5 Act of 2018’’. 

6 SEC. 2. FINDINGS. 

7 Congress finds the following: 


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1 (1) Cambodia’s present political system was es2 tablished in 1991, after decades of internal conflict, 

3 by the United Nations-brokered Paris Peace Ac4 cords. The first national elections under this system 

5 were administered by the United Nations in 1993. 

6 Hun Sen, the current Prime Minister of Cambodia, 

7 has been in power in Cambodia since before this 

8 time, serving as premier from 1985 to 1993, and as 

9 Prime Minister thereafter. Hun Sen has used his po10 sition to cling to the pinnacle of power in Cambodia 

11 for 32 years, through tactics including coup d’e ́tat, 

12 irregular election procedures, and the silencing of 

13 opposition voices. 

14 (2) In Cambodia’s most recent general elections 

15 in 2013, Hun Sen’s Cambodian People’s Party 

16 (CPP) maintained its parliamentary majority by the 

17 smallest margin to date, while a unified opposition 

18 Cambodia National Rescue Party (CNRP) made 

19 substantial gains. The Department of State’s Coun20 try Reports on Human Rights Practices for 2016 

21 described Cambodia’s 2013 elections as ‘‘largely free 

22 of intimidation, in contrast to previous national elec23 tions’’, yet also ‘‘fraught with irregularities’’. Subse24 quent local elections marked similar setbacks for the 

25 ruling CPP. 


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1 (3) Cambodia’s next general elections will occur 

2 in June 2018. According to the 2017 Freedom in 

3 the World Report issued by Freedom House, in the 

4 intervening period Hun Sen has overseen ‘‘a decisive 

5 crackdown on the country’s beleaguered opposition 

6 and press corps as his [CPP] prepared for national 

7 elections’’. Regional experts have reached a general 

8 consensus that Hun Sen and the CPP have under9 taken this crackdown to consolidate power ahead of 

10 an election that may have ended their grip on power. 

11 (4) Hun Sen’s actions in late 2017 pushed 

12 Cambodia further away from democracy. In late Au13 gust 2017, the regime shut down the National 

14 Democratic Institute and expelled its entire foreign 

15 staff from the country within a week. Less than a 

16 week later, radio stations carrying Radio Free Asia 

17 and Voice of America were also shut down by the re18 gime. On September 3, 2017, authorities arrested 

19 Kem Sokha, the leader of the CNRP, and charged 

20 him with treason, allegedly for participating in an 

21 American plot to undermine Hun Sen’s regime. Kem 

22 Sokha remains in detention. On November 16, 2017, 

23 Cambodia’s Supreme Court dissolved the CNRP, 

24 eliminating the most popular and viable challenger 

25 to Hun Sen’s regime. Subsequent actions by Hun 


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1 Sen have aimed to ‘‘cement total control over Cam2 bodian government and business’’, according to 

3 Human Rights Watch. 

4 (5) Since the dissolution of the CNRP, both the 

5 Department of State and the White House have 

6 issued statements condemning the Hun Sen regime’s 

7 actions to undermine democracy and calling for Kem 

8 Sokha’s release. On November 16, 2017, the White 

9 House announced that the United States would ter10 minate support for Cambodia’s National Election 

11 Committee. On December 6, 2017, the Department 

12 of State began implementing visa restrictions for of13 ficials responsible for undermining Cambodian de14 mocracy. On February 27, 2018, the White House 

15 announced further assistance reductions following 

16 Cambodian Senate elections on February 25 which 

17 did not represent the genuine will of the Cambodian 

18 people. 

19 SEC. 3. SANCTIONS RELATING TO UNDERMINING DEMOC20 RACY IN CAMBODIA. 

21 (a) DESIGNATION OF PERSONS RESPONSIBLE FOR

22 UNDERMINING DEMOCRACY IN CAMBODIA.—Not later 

23 than 180 days after the date of enactment of this Act, 

24 the President shall apply the sanctions described in sub25 section (b) on— 


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1 (1) each senior official of the Government, mili2 tary, or security forces of Cambodia that the Presi3 dent determines has directly and substantially un4 dermined democracy in Cambodia; and 

5 (2) each senior official of the Government, mili6 tary, or security forces of Cambodia that the Presi7 dent determines has committed or directed serious 

8 human rights violations associated with undermining 

9 democracy in Cambodia. 

10 (b) SANCTIONS DESCRIBED.— 

11 (1) ASSET BLOCKING.—The President shall ex12 ercise all of the powers granted to the President 

13 under the International Emergency Economic Pow14 ers Act (50 U.S.C. 1701 et seq.) to the extent nec15 essary to block and prohibit all transactions in prop16 erty and interests in property of a person designated 

17 under subsection (a) if such property and interests 

18 in property are in the United States, come within 

19 the United States, or are or come within the posses20 sion or control of a United States person. 

21 (2) VISA RESTRICTIONS.— 

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

23 in consultation with the Secretary of Homeland 

24 Security, shall continue to implement the policy 

25 announced by the Department of State on DeVerDate Sep 11 2014 18:37 May 24, 2018 Jkt 079200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\H5754.IH H5754

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1 cember 6, 2017, to restrict entry into the 

2 United States of person involved in under3 mining democracy in Cambodia, including any 

4 person designated under subsection (a). 

5 (B) EXCEPTION FOR MULTILATERAL AC6 TIVITIES.—Persons otherwise restricted from 

7 entry into the United States under this section 

8 may be admitted if such admission is necessary 

9 to comply with United States obligations under 

10 the Agreement between the United Nations and 

11 the United States of America regarding the 

12 Headquarters of the United Nations, signed at 

13 Lake Success June 26, 1947, and entered into 

14 force November 21, 1947, or under the Conven15 tion on Consular Relations, done at Vienna 

16 April 24, 1963, and entered into force March 

17 19, 1967, or other applicable international obli18 gations of the United States. 

19 (3) PENALTIES.—The penalties provided for in 

20 subsections (b) and (c) of section 206 of the Inter21 national Emergency Economic Powers Act (50 

22 U.S.C. 1705) shall apply to a person that violates, 

23 attempts to violate, conspires to violate, or causes a 

24 violation of paragraph (1) to the same extent that 

25 such penalties apply to a person that commits an 


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1 unlawful act described in subsection (a) of such sec2 tion 206. 

3 (e) LIST OF DESIGNATED PERSONS.— 

4 (1) IN GENERAL.—Not later than 180 days 

5 after the date of the enactment of this Act, the 

6 President shall transmit to the appropriate congres7 sional committees a list of persons designated under 

8 subsection (a). 

9 (2) UPDATES.—The President shall transmit to 

10 the appropriate congressional committees updated 

11 lists under paragraph (1) as new information be12 comes available. 

13 (f) IMPLEMENTATION.—The President may exercise 

14 all authorities provided under sections 203 and 205 of the 

15 International Emergency Economic Powers Act (50 

16 U.S.C. 1702 and 1704) to carry out this section. 

17 (g) WAIVER.—The President may waive the applica18 tion of sanctions described in subsection (b) with respect 

19 to a person described in subsection (a) if the President 

20 determines and certifies to the appropriate congressional 

21 committees that such waiver is in the national interest of 

22 the United States. 

23 SEC. 4. SUSPENSION AND TERMINATION OF SANCTIONS. 

24 (a) SUSPENSION.—The sanctions described in section 

25 3 may be suspended for up to one year upon certification 


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1 by the President to the appropriate congressional commit2 tees that Cambodia is making meaningful progress toward 

3 the following: 

4 (1) Ending government efforts to undermine 

5 democracy. 

6 (2) Ending human rights violations associated 

7 with undermining democracy. 

8 (3) Conducting free and fair elections which 

9 allow for the active participation of credible opposi10 tion candidates. 

11 (b) RENEWAL OF SUSPENSION.—The suspension de12 scribed in subsection (a) may be renewed for additional, 

13 consecutive 180-day periods if the President certifies to 

14 the appropriate congressional committees that Cambodia 

15 is continuing to make meaningful progress towards satis16 fying the conditions described in such subsection during 

17 the previous year. 

18 SEC. 5. SUNSET. 

19 This Act shall terminate on the date that is five years 

20 after the date of the enactment of this Act. 

21 SEC. 6. DEFINITIONS. 

22 In this Act: 

23 (1) APPROPRIATE CONGRESSIONAL COMMIT24 TEES.—The term ‘‘appropriate congressional com25 mittees’’ means the Committee on Foreign Affairs 


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1 and the Committee on Financial Services of the 

2 House of Representatives, and the Committee on 

3 Foreign Relations and the Committee on Banking, 

4 Housing, and Urban Affairs of the Senate. 

5 (2) UNITED STATES PERSON; PERSON.—The 

6 term ‘‘United States person’’ means— 

7 (A) a United States citizen or an alien law8 fully admitted for permanent residence to the 

9 United States; or 

10 (B) an entity organized under the laws of 

11 the United States or of any jurisdiction of the 

12 United States, including a foreign branch of 

13 such an entity. 

Æ 


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