II 

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. 

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 ‘‘No Trading with In5 vaders Act’’. 


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1 SEC. 2. WITHDRAWAL OF NORMAL TRADE RELATIONS 

2 TREATMENT FOR COUNTRIES OR TERRI3 TORIES THAT COMMIT ACTS OF AGGRESSION. 

4 (a) WITHDRAWAL OF NORMAL TRADE RELATIONS

5 TREATMENT.— 

6 (1) IN GENERAL.—Notwithstanding any other 

7 provision of law, effective on the date of the enact8 ment of this Act, if the President determines that 

9 the government of a subject country or territory has 

10 committed an act of aggression in violation of inter11 national law, that the President does not consider to 

12 be a legitimate act of self-defense, against a WTO 

13 member, the President shall deny nondiscriminatory 

14 treatment (normal trade relations) in accordance 

15 with paragraph (2) to products of that country or 

16 territory. 

17 (2) DUTY RATES APPLICABLE.—If the Presi18 dent makes a determination of aggression under 

19 paragraph (1) with respect to a subject country or 

20 territory, not later than 15 days after that deter21 mination, the President shall, by proclamation, cause 

22 all products of that country or territory to be duti23 able at the rates set forth in the column 2 rate of 

24 duty column of the Harmonized Tariff Schedule of 

25 the United States. 


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1 (3) REQUEST BY CONGRESS FOR DETERMINA2 TION.—If the President receives from a relevant 

3 congressional committee a request to make a deter4 mination under paragraph (1) as to whether the gov5 ernment of a subject country or territory committed 

6 an act of aggression in violation of international law 

7 against a WTO member, the President shall make 

8 such a determination not later than 15 days after 

9 receiving the request. 

10 (4) DETERMINATION OF NON-AGGRESSION.—If 

11 the President determines that the government of a 

12 subject country or territory has not committed an 

13 act of aggression in violation of international law 

14 against a WTO member, whether pursuant to a re15 quest by a relevant congressional committee under 

16 paragraph (3) or otherwise, the President shall brief 

17 each relevant congressional committee on the jus18 tification for such a determination. 

19 (b) RESTORATION OF NORMAL TRADE RELATIONS

20 TREATMENT.— 

21 (1) IN GENERAL.—The President may restore 

22 nondiscriminatory treatment to products of a subject 

23 country or territory with respect to which such treat24 ment has been withdrawn under subsection (a) on 


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1 and after the date that is 30 days after the date on 

2 which the President certifies to Congress that— 

3 (A) the subject country or territory has 

4 ceased committing acts of aggression in viola5 tion of international law towards the WTO 

6 member that led to the withdrawal of such 

7 treatment and has fully removed its armed 

8 forces or proxy forces from the WTO member; 

9 and 

10 (B) the WTO member has fully regained 

11 its sovereignty and territorial integrity as in ex12 istence in that country before the commence13 ment of the acts of aggression in violation of 

14 international law. 

15 (2) CONSULTATION WITH CONGRESS.—Before 

16 making a decision to restore nondiscriminatory 

17 treatment under paragraph (1), the President shall 

18 consult with each relevant congressional committee 

19 to determine whether the conditions of that para20 graph have been satisfied. 

21 (c) DETERMINATION OF ACTS OF AGGRESSION.—For 

22 purposes of this section, the President shall consider an 

23 act of aggression in violation of international law by a sub24 ject country or territory against a WTO member to in25 clude— 


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1 (1) an invasion of the territory of the WTO 

2 member by the armed forces or proxy forces of the 

3 subject country or territory; 

4 (2) the occupation of the territory of the WTO 

5 member by the armed forces or proxy forces of the 

6 subject country or territory; or 

7 (3) any other armed attack by the armed forces 

8 or proxy forces of the subject country or territory on 

9 the WTO member. 

10 (d) DEFINITIONS.—In this section: 

11 (1) RELEVANT CONGRESSIONAL COMMITTEE.— 

12 The term ‘‘relevant congressional committee’’ means 

13 any of the following committees: 

14 (A) The Committee on Finance, the Com15 mittee on Foreign Relations, or the Committee 

16 on Armed Services of the Senate. 

17 (B) The Committee on Ways and Means, 

18 the Committee on Foreign Affairs, or the Com19 mittee on Armed Services of the House of Rep20 resentatives. 

21 (2) SOVEREIGNTY.—The term ‘‘sovereignty’’ 

22 means the international independence of a state, in23 cluding its right to regulate its own internal and ex24 ternal affairs without foreign dictation, such as by 

25 conducting free and fair elections. 


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1 (3) SUBJECT COUNTRY OR TERRITORY.—The 

2 term ‘‘subject country or territory’’ means a country 

3 or territory that is or was at any time subject to the 

4 provisions of chapter 1 of title IV of the Trade Act 

5 of 1974 (19 U.S.C. 2431 et seq.). 

6 (4) WTO MEMBER.—The term ‘‘WTO mem7 ber’’ has the meaning given that term in section 2 

8 of the Uruguay Round Agreements Act (19 U.S.C. 

9 3501). 

10 SEC. 3. MODIFICATIONS TO AND REAUTHORIZATION OF 

11 SANCTIONS WITH RESPECT TO HUMAN 

12 RIGHTS VIOLATIONS. 

13 (a) DEFINITIONS.—Section 1262 of the Global 

14 Magnitsky Human Rights Accountability Act (Subtitle F 

15 of title XII of Public Law 114–328; 22 U.S.C. 2656 note) 

16 is amended by striking paragraph (2) and inserting the 

17 following: 

18 ‘‘(2) IMMEDIATE FAMILY MEMBER.—The term 

19 ‘immediate family member’, with respect to a foreign 

20 person, means the spouse, parent, sibling, or adult 

21 child of the person.’’. 

22 (b) SENSE OF CONGRESS.—The Global Magnitsky 

23 Human Rights Accountability Act (Subtitle F of title XII 

24 of Public Law 114–328; 22 U.S.C. 2656 note) is amended 

25 by inserting after section 1262 the following new section: 


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1 ‘‘SEC. 1262A. SENSE OF CONGRESS. 

2 ‘‘It is the sense of Congress that the President should 

3 establish and regularize information sharing and sanc4 tions-related decision making with like-minded govern5 ments possessing human rights and anti-corruption sanc6 tions programs similar in nature to those authorized under 

7 this subtitle.’’. 

8 (c) IMPOSITION OF SANCTIONS.— 

9 (1) IN GENERAL.—Subsection (a) of section 

10 1263 of the Global Magnitsky Human Rights Ac11 countability Act (Subtitle F of title XII of Public 

12 Law 114–328; 22 U.S.C. 2656 note) is amended to 

13 read as follows: 

14 ‘‘(a) IN GENERAL.—The President may impose the 

15 sanctions described in subsection (b) with respect to— 

16 ‘‘(1) any foreign person that the President de17 termines, based on credible information— 

18 ‘‘(A) is responsible for or complicit in, or 

19 has directly or indirectly engaged in, serious 

20 human rights abuse; 

21 ‘‘(B) is a current or former government of22 ficial, or a person acting for or on behalf of 

23 such an official, who is responsible for or 

24 complicit in, or has directly or indirectly en25 gaged in— 

26 ‘‘(i) corruption, including— 


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1 ‘‘(I) the misappropriation of state 

2 assets; 

3 ‘‘(II) the expropriation of private 

4 assets for personal gain; 

5 ‘‘(III) corruption related to gov6 ernment contracts or the extraction of 

7 natural resources; or 

8 ‘‘(IV) bribery; or 

9 ‘‘(ii) the transfer or facilitation of the 

10 transfer of the proceeds of corruption; 

11 ‘‘(C) is or has been a leader or official of— 

12 ‘‘(i) an entity, including a government 

13 entity, that has engaged in, or whose mem14 bers have engaged in, any of the activities 

15 described in subparagraph (A) or (B) re16 lated to the tenure of the leader or official; 

17 or 

18 ‘‘(ii) an entity whose property and in19 terests in property are blocked pursuant to 

20 this section as a result of activities related 

21 to the tenure of the leader or official; 

22 ‘‘(D) has materially assisted, sponsored, or 

23 provided financial, material, or technological 

24 support for, or goods or services to or in sup25 port of— 


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1 ‘‘(i) an activity described in subpara2 graph (A) or (B) that is conducted by a 

3 foreign person; 

4 ‘‘(ii) a person whose property and in5 terests in property are blocked pursuant to 

6 this section; or 

7 ‘‘(iii) an entity, including a govern8 ment entity, that has engaged in, or whose 

9 members have engaged in, an activity de10 scribed in subparagraph (A) or (B) con11 ducted by a foreign person; or 

12 ‘‘(E) is owned or controlled by, or has 

13 acted or been purported to act for or on behalf 

14 of, directly or indirectly, a person whose prop15 erty and interests in property are blocked pur16 suant to this section; and 

17 ‘‘(2) any immediate family member of a person 

18 described in paragraph (1).’’. 

19 (2) CONSIDERATION OF CERTAIN INFORMA20 TION.—Subsection (c)(2) of such section is amended 

21 by inserting ‘‘corruption and’’ after ‘‘monitor’’. 

22 (3) REQUESTS BY CONGRESS.—Subsection (d) 

23 of such section is amended— 

24 (A) in paragraph (1)— 


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1 (i) in the matter preceding subpara2 graph (A), by striking ‘‘subsection (a)’’ 

3 and inserting ‘‘subsection (a)(1)’’; and 

4 (ii) in subparagraph (B)(i), by insert5 ing ‘‘or an immediate family member of 

6 the person’’; and 

7 (B) in paragraph (2)— 

8 (i) in subparagraph (A)— 

9 (I) in the subparagraph heading, 

10 by striking ‘‘HUMAN RIGHTS VIOLA11 TIONS’’ and inserting ‘‘SERIOUS

12 HUMAN RIGHTS ABUSE’’; and 

13 (II) by striking ‘‘described in 

14 paragraph (1) or (2) of subsection 

15 (a)’’ and inserting ‘‘described in sub16 section (a)(1) relating to serious 

17 human rights abuse’’; and 

18 (ii) in subparagraph (B)— 

19 (I) in the matter preceding clause 

20 (i), by striking ‘‘described in para21 graph (3) or (4) of subsection (a)’’ 

22 and inserting ‘‘described in subsection 

23 (a)(1) relating to corruption or the 

24 transfer or facilitation of the transfer 

25 of the proceeds of corruption’’; and 


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1 (II) by striking ‘‘ranking member 

2 of’’ and all that follows through the 

3 period at the end and inserting ‘‘rank4 ing member of one of the appropriate 

5 congressional committees’’. 

6 (4) TERMINATION OF SANCTIONS.—Subsection 

7 (g) of such section is amended, in the matter pre8 ceding paragraph (1), by inserting ‘‘and the imme9 diate family members of that person’’ after ‘‘a per10 son’’. 

11 (d) REPORTS TO CONGRESS.—Section 1264(a) of the 

12 Global Magnitsky Human Rights Accountability Act (Sub13 title F of title XII of Public Law 114–328; 22 U.S.C. 

14 2656 note) is amended— 

15 (1) in paragraph (5), by striking ‘‘; and’’ and 

16 inserting a semicolon; 

17 (2) in paragraph (6), by striking the period at 

18 the end and inserting ‘‘; and’’; and 

19 (3) by adding at the end the following: 

20 ‘‘(7) A description of additional steps taken by 

21 the President through diplomacy, international en22 gagement, and assistance to foreign or security sec23 tors to address persistent underlying causes of seri24 ous human rights abuse and corruption in each 

25 country in which foreign persons with respect to 


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1 which sanctions have been imposed under section 

2 1263 are located.’’. 

3 (e) REPEAL OF SUNSET.—Section 1265 of the Global 

4 Magnitsky Human Rights Accountability Act (Subtitle F 

5 of title XII of Public Law 114–328; 22 U.S.C. 2656 note) 

6 is repealed. 

Æ 


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