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[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[S. 3725 Introduced in Senate (IS)]

<DOC>

117th CONGRESS
  2d Session
                                S. 3725

To withdraw normal trade relations treatment from products of countries 
   that commit acts of aggression in violation of international law 
    against other countries or territories and to amend the Global 
Magnitsky Human Rights Accountability Act to modify the foreign persons 
  subject to sanctions and to remove the sunset for the imposition of 
                               sanctions.

_______________________________________________________________________

                   IN THE SENATE OF THE UNITED STATES

                             March 1, 2022

Mr. Portman (for himself and Mr. Cardin) introduced the following bill; 
which was read twice and referred to the Committee on Foreign Relations

_______________________________________________________________________

                                 A BILL

 
To withdraw normal trade relations treatment from products of countries 
   that commit acts of aggression in violation of international law 
    against other countries or territories and to amend the Global 
Magnitsky Human Rights Accountability Act to modify the foreign persons 
  subject to sanctions and to remove the sunset for the imposition of 
                               sanctions.

    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 ``No Trading with Invaders Act''.

SEC. 2. WITHDRAWAL OF NORMAL TRADE RELATIONS TREATMENT FOR COUNTRIES OR 
              TERRITORIES THAT COMMIT ACTS OF AGGRESSION.

    (a) Withdrawal of Normal Trade Relations Treatment.--
            (1) In general.--Notwithstanding any other provision of 
        law, effective on the date of the enactment of this Act, if the 
        President determines that the government of a subject country 
        or territory has committed an act of aggression in violation of 
        international law, that the President does not consider to be a 
        legitimate act of self-defense, against a WTO member, the 
        President shall deny nondiscriminatory treatment (normal trade 
        relations) in accordance with paragraph (2) to products of that 
        country or territory.
            (2) Duty rates applicable.--If the President makes a 
        determination of aggression under paragraph (1) with respect to 
        a subject country or territory, not later than 15 days after 
        that determination, the President shall, by proclamation, cause 
        all products of that country or territory to be dutiable at the 
        rates set forth in the column 2 rate of duty column of the 
        Harmonized Tariff Schedule of the United States.
            (3) Request by congress for determination.--If the 
        President receives from a relevant congressional committee a 
        request to make a determination under paragraph (1) as to 
        whether the government of a subject country or territory 
        committed an act of aggression in violation of international 
        law against a WTO member, the President shall make such a 
        determination not later than 15 days after receiving the 
        request.
            (4) Determination of non-aggression.--If the President 
        determines that the government of a subject country or 
        territory has not committed an act of aggression in violation 
        of international law against a WTO member, whether pursuant to 
        a request by a relevant congressional committee under paragraph 
        (3) or otherwise, the President shall brief each relevant 
        congressional committee on the justification for such a 
        determination.
    (b) Restoration of Normal Trade Relations Treatment.--
            (1) In general.--The President may restore 
        nondiscriminatory treatment to products of a subject country or 
        territory with respect to which such treatment has been 
        withdrawn under subsection (a) on and after the date that is 30 
        days after the date on which the President certifies to 
        Congress that--
                    (A) the subject country or territory has ceased 
                committing acts of aggression in violation of 
                international law towards the WTO member that led to 
                the withdrawal of such treatment and has fully removed 
                its armed forces or proxy forces from the WTO member; 
                and
                    (B) the WTO member has fully regained its 
                sovereignty and territorial integrity as in existence 
                in that country before the commencement of the acts of 
                aggression in violation of international law.
            (2) Consultation with congress.--Before making a decision 
        to restore nondiscriminatory treatment under paragraph (1), the 
        President shall consult with each relevant congressional 
        committee to determine whether the conditions of that paragraph 
        have been satisfied.
    (c) Determination of Acts of Aggression.--For purposes of this 
section, the President shall consider an act of aggression in violation 
of international law by a subject country or territory against a WTO 
member to include--
            (1) an invasion of the territory of the WTO member by the 
        armed forces or proxy forces of the subject country or 
        territory;
            (2) the occupation of the territory of the WTO member by 
        the armed forces or proxy forces of the subject country or 
        territory; or
            (3) any other armed attack by the armed forces or proxy 
        forces of the subject country or territory on the WTO member.
    (d) Definitions.--In this section:
            (1) Relevant congressional committee.--The term ``relevant 
        congressional committee'' means any of the following 
        committees:
                    (A) The Committee on Finance, the Committee on 
                Foreign Relations, or the Committee on Armed Services 
                of the Senate.
                    (B) The Committee on Ways and Means, the Committee 
                on Foreign Affairs, or the Committee on Armed Services 
                of the House of Representatives.
            (2) Sovereignty.--The term ``sovereignty'' means the 
        international independence of a state, including its right to 
        regulate its own internal and external affairs without foreign 
        dictation, such as by conducting free and fair elections.
            (3) Subject country or territory.--The term ``subject 
        country or territory'' means a country or territory that is or 
        was at any time subject to the provisions of chapter 1 of title 
        IV of the Trade Act of 1974 (19 U.S.C. 2431 et seq.).
            (4) WTO member.--The term ``WTO member'' has the meaning 
        given that term in section 2 of the Uruguay Round Agreements 
        Act (19 U.S.C. 3501).

SEC. 3. MODIFICATIONS TO AND REAUTHORIZATION OF SANCTIONS WITH RESPECT 
              TO HUMAN RIGHTS VIOLATIONS.

    (a) Definitions.--Section 1262 of the Global Magnitsky Human Rights 
Accountability Act (Subtitle F of title XII of Public Law 114-328; 22 
U.S.C. 2656 note) is amended by striking paragraph (2) and inserting 
the following:
            ``(2) Immediate family member.--The term `immediate family 
        member', with respect to a foreign person, means the spouse, 
        parent, sibling, or adult child of the person.''.
    (b) Sense of Congress.--The Global Magnitsky Human Rights 
Accountability Act (Subtitle F of title XII of Public Law 114-328; 22 
U.S.C. 2656 note) is amended by inserting after section 1262 the 
following new section:

``SEC. 1262A. SENSE OF CONGRESS.

    ``It is the sense of Congress that the President should establish 
and regularize information sharing and sanctions-related decision 
making with like-minded governments possessing human rights and anti-
corruption sanctions programs similar in nature to those authorized 
under this subtitle.''.
    (c) Imposition of Sanctions.--
            (1) In general.--Subsection (a) of section 1263 of the 
        Global Magnitsky Human Rights Accountability Act (Subtitle F of 
        title XII of Public Law 114-328; 22 U.S.C. 2656 note) is 
        amended to read as follows:
    ``(a) In General.--The President may impose the sanctions described 
in subsection (b) with respect to--
            ``(1) any foreign person that the President determines, 
        based on credible information--
                    ``(A) is responsible for or complicit in, or has 
                directly or indirectly engaged in, serious human rights 
                abuse;
                    ``(B) is a current or former government official, 
                or a person acting for or on behalf of such an 
                official, who is responsible for or complicit in, or 
                has directly or indirectly engaged in--
                            ``(i) corruption, including--
                                    ``(I) the misappropriation of state 
                                assets;
                                    ``(II) the expropriation of private 
                                assets for personal gain;
                                    ``(III) corruption related to 
                                government contracts or the extraction 
                                of natural resources; or
                                    ``(IV) bribery; or
                            ``(ii) the transfer or facilitation of the 
                        transfer of the proceeds of corruption;
                    ``(C) is or has been a leader or official of--
                            ``(i) an entity, including a government 
                        entity, that has engaged in, or whose members 
                        have engaged in, any of the activities 
                        described in subparagraph (A) or (B) related to 
                        the tenure of the leader or official; or
                            ``(ii) an entity whose property and 
                        interests in property are blocked pursuant to 
                        this section as a result of activities related 
                        to the tenure of the leader or official;
                    ``(D) has materially assisted, sponsored, or 
                provided financial, material, or technological support 
                for, or goods or services to or in support of--
                            ``(i) an activity described in subparagraph 
                        (A) or (B) that is conducted by a foreign 
                        person;
                            ``(ii) a person whose property and 
                        interests in property are blocked pursuant to 
                        this section; or
                            ``(iii) an entity, including a government 
                        entity, that has engaged in, or whose members 
                        have engaged in, an activity described in 
                        subparagraph (A) or (B) conducted by a foreign 
                        person; or
                    ``(E) is owned or controlled by, or has acted or 
                been purported to act for or on behalf of, directly or 
                indirectly, a person whose property and interests in 
                property are blocked pursuant to this section; and
            ``(2) any immediate family member of a person described in 
        paragraph (1).''.
            (2) Consideration of certain information.--Subsection 
        (c)(2) of such section is amended by inserting ``corruption 
        and'' after ``monitor''.
            (3) Requests by congress.--Subsection (d) of such section 
        is amended--
                    (A) in paragraph (1)--
                            (i) in the matter preceding subparagraph 
                        (A), by striking ``subsection (a)'' and 
                        inserting ``subsection (a)(1)''; and
                            (ii) in subparagraph (B)(i), by inserting 
                        ``or an immediate family member of the 
                        person''; and
                    (B) in paragraph (2)--
                            (i) in subparagraph (A)--
                                    (I) in the subparagraph heading, by 
                                striking ``human rights violations'' 
                                and inserting ``serious human rights 
                                abuse''; and
                                    (II) by striking ``described in 
                                paragraph (1) or (2) of subsection 
                                (a)'' and inserting ``described in 
                                subsection (a)(1) relating to serious 
                                human rights abuse''; and
                            (ii) in subparagraph (B)--
                                    (I) in the matter preceding clause 
                                (i), by striking ``described in 
                                paragraph (3) or (4) of subsection 
                                (a)'' and inserting ``described in 
                                subsection (a)(1) relating to 
                                corruption or the transfer or 
                                facilitation of the transfer of the 
                                proceeds of corruption''; and
                                    (II) by striking ``ranking member 
                                of'' and all that follows through the 
                                period at the end and inserting 
                                ``ranking member of one of the 
                                appropriate congressional committees''.
            (4) Termination of sanctions.--Subsection (g) of such 
        section is amended, in the matter preceding paragraph (1), by 
        inserting ``and the immediate family members of that person'' 
        after ``a person''.
    (d) Reports to Congress.--Section 1264(a) of the Global Magnitsky 
Human Rights Accountability Act (Subtitle F of title XII of Public Law 
114-328; 22 U.S.C. 2656 note) is amended--
            (1) in paragraph (5), by striking ``; and'' and inserting a 
        semicolon;
            (2) in paragraph (6), by striking the period at the end and 
        inserting ``; and''; and
            (3) by adding at the end the following:
            ``(7) A description of additional steps taken by the 
        President through diplomacy, international engagement, and 
        assistance to foreign or security sectors to address persistent 
        underlying causes of serious human rights abuse and corruption 
        in each country in which foreign persons with respect to which 
        sanctions have been imposed under section 1263 are located.''.
    (e) Repeal of Sunset.--Section 1265 of the Global Magnitsky Human 
Rights Accountability Act (Subtitle F of title XII of Public Law 114-
328; 22 U.S.C. 2656 note) is repealed.
                                 <all>
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