II 

114TH CONGRESS 

2D SESSION S. 3465 

To amend the Export Administration Act of 1979 to include in the prohibitions on boycotts against allies of the United States boycotts fostered 

by international governmental organizations against Israel and to direct 

the Export-Import Bank of the United States to oppose boycotts against 

Israel, and for other purposes. 

IN THE SENATE OF THE UNITED STATES 

SEPTEMBER 29, 2016 

Mr. CARDIN (for himself and Mr. PORTMAN) introduced the following bill; 

which was read twice and referred to the Committee on Banking, Housing, and Urban Affairs 

A BILL 

To amend the Export Administration Act of 1979 to include 

in the prohibitions on boycotts against allies of the 

United States boycotts fostered by international governmental organizations against Israel and to direct the 

Export-Import Bank of the United States to oppose boycotts against Israel, 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 ‘‘Protecting Israel 

5 Against Economic Discrimination Act of 2016’’. 


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1 SEC. 2. FINDINGS. 

2 Congress finds the following: 

3 (1) The United Nations Human Rights Council 

4 (in this section referred to as the ‘‘UNHRC’’) has 

5 long targeted Israel with systematic, politically moti6 vated, assaults on its legitimacy designed to stig7 matize and isolate Israel internationally. 

8 (2) The UNHRC maintains a permanent agen9 da item known as ‘‘Item 7’’ to ensure that Israel will 

10 be criticized at every gathering of the UNHRC. 

11 (3) At its 31st session on March 24, 2016, the 

12 UNHRC targeted Israel with a commercial boycott, 

13 calling for the establishment of a database, such as 

14 a ‘‘blacklist’’, of companies that operate, or have 

15 business relations with entities that operate, beyond 

16 Israel’s 1949 Armistice lines, including East Jeru17 salem. 

18 (4) For a half century, Congress has combated 

19 anti-Israel boycotts and other discriminatory activity 

20 under the Export Administration Act of 1979 (50 

21 U.S.C. 4601 et seq.) (as continued in effect under 

22 the International Emergency Economic Powers Act 

23 (50 U.S.C. 1701 et seq.)), under part VI of title X 

24 of the Tax Reform Act of 1976 (Public Law 94– 

25 455; 90 Stat. 1649) (commonly referred to as the 

26 ‘‘Ribicoff Amendment’’), in free trade agreements 


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1 with Bahrain and Oman, and in Saudi Arabia’s ac2 cession negotiations to the World Trade Organiza3 tion. 

4 (5) The recent action of the UNHRC is remi5 niscent of the Arab League Boycott, which also 

6 called for the establishment of a ‘‘blacklist’’ and pro7 moted a primary, as well as a secondary and ter8 tiary, boycott against Israel, targeting United States 

9 and other companies that trade or invest with or in 

10 Israel, and designed to harm Israel, any business op11 erating in, or doing business, with Israel, or compa12 nies that do business with companies operating in 

13 Israel. 

14 (6) Congress recently passed anti-boycott, di15 vestment, and sanctions measures in the Bipartisan 

16 Congressional Trade Priorities and Accountability 

17 Act of 2015 (title I of Public Law 114–26; 19 

18 U.S.C. 4201 et seq.) and section 909 of the Trade 

19 Facilitation and Trade Enforcement Act of 2015 (19 

20 U.S.C. 4452), which establish, among other things— 

21 (A) the opposition of the United States to 

22 boycott, divestment, and sanctions activity tar23 geting Israel; 

24 (B) requirements that the United States 

25 utilize trade negotiations to combat state-led or 


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1 international governmental organization-led 

2 boycott, divestment, and sanctions activity tar3 geting Israel; and 

4 (C) reporting requirements regarding the 

5 actions of foreign countries or international or6 ganizations that establish barriers to trade or 

7 investment for United States companies in or 

8 with Israel. 

9 SEC. 3. STATEMENT OF POLICY. 

10 Congress— 

11 (1) opposes the United Nations Human Rights 

12 Council resolution of March 24, 2016, which urges 

13 countries to pressure companies subject to their ju14 risdiction to divest from, or break contracts with, 

15 Israel, and calls for the creation of a ‘‘blacklist’’ of 

16 companies that either operate, or have business rela17 tions with entities that operate, beyond Israel’s 1949 

18 Armistice lines, including East Jerusalem; and 

19 (2) views such policies as a boycott of, divest20 ment from, and sanctions against Israel. 

21 SEC. 4. RULE OF CONSTRUCTION. 

22 This Act is intended to address and counter only acts 

23 of boycotts, divestment, and sanctions against Israel. 

24 Nothing in this Act shall be construed to alter the estab25 lished policy of the United States concerning final status 


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1 issues associated with the Arab-Israel conflict, including 

2 border delineation that can only be resolved through direct 

3 negotiations between the parties. 

4 SEC. 5. DEFINITIONS. 

5 In this Act: 

6 (1) BOYCOTT OF, DIVESTMENT FROM, AND

7 SANCTIONS AGAINST ISRAEL.—The term ‘‘boycott of, 

8 divestment from, and sanctions against Israel’’ 

9 means actions by states, nonmember states of the 

10 United Nations, international governmental organi11 zations, or affiliated agencies of international gov12 ernmental organizations that are politically moti13 vated and are intended to penalize or otherwise limit 

14 commercial relations specifically with Israel or per15 sons doing business in Israel or in Israeli-controlled 

16 territories. 

17 (2) POLITICALLY MOTIVATED.—The term ‘‘po18 litically motivated’’ means actions to impede or con19 strain commerce with Israel that are intended to co20 erce political action or impose policy positions on 

21 Israel. 

22 SEC. 6. ADDITIONAL PROHIBITIONS RELATING TO FOR23 EIGN BOYCOTTS. 

24 (a) DECLARATION OF POLICY.—Section 3(5) of the 

25 Export Administration Act of 1979 (50 U.S.C. 4602(5)) 


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1 (as continued in effect under the International Emergency 

2 Economic Powers Act (50 U.S.C. 1701 et seq.)) is amend3 ed— 

4 (1) by amending subparagraph (A) to read as 

5 follows: 

6 ‘‘(A) to oppose— 

7 ‘‘(i) restrictive trade practices or boy8 cotts fostered or imposed by foreign coun9 tries, or requests to impose restrictive 

10 trade practices or boycotts by foreign coun11 tries, against other countries friendly to 

12 the United States or against any United 

13 States person; and 

14 ‘‘(ii) restrictive trade practices or boy15 cotts fostered or imposed by any inter16 national governmental organization, or re17 quests to impose restrictive trade practices 

18 or boycotts by any international govern19 mental organization, against Israel;’’; and 

20 (2) in subparagraph (B), by striking ‘‘which 

21 have the effect’’ and all the follows and inserting the 

22 following: ‘‘which have the effect of furthering or 

23 supporting— 

24 ‘‘(i) the restrictive trade practices or 

25 boycotts fostered or imposed by any forVerDate Sep 11 2014 22:48 Oct 06, 2016 Jkt 069200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6201 E:\BILLS\S3465.IS S3465

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1 eign country, or requests to impose restric2 tive trade practices or boycotts by any for3 eign country, against a country friendly to 

4 the United States or against any United 

5 States person; and 

6 ‘‘(ii) restrictive trade practices or boy7 cotts fostered or imposed by any inter8 national governmental organization, or re9 quests to impose restrictive trade practices 

10 or boycotts by any international govern11 mental organization, against Israel; and’’. 

12 (b) FOREIGN BOYCOTTS.—Section 8 of the Export 

13 Administration Act of 1979 (50 U.S.C. 4607) (as contin14 ued in effect under the International Emergency Eco15 nomic Powers Act (50 U.S.C. 1701 et seq.)) is amended— 

16 (1) in subsection (a)(1)— 

17 (A) in the matter preceding subparagraph 

18 (A)— 

19 (i) by inserting ‘‘, or request to im20 pose any boycott by a foreign country,’’ 

21 after ‘‘a foreign country’’; and 

22 (ii) by inserting ‘‘, or support any 

23 boycott fostered or imposed by any inter24 national governmental organization, or re25 quest to impose any boycott by any interVerDate Sep 11 2014 22:48 Oct 06, 2016 Jkt 069200 PO 00000 Frm 00007 Fmt 6652 Sfmt 6201 E:\BILLS\S3465.IS S3465

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1 national governmental organization, 

2 against Israel’’ after ‘‘pursuant to United 

3 States law or regulation’’; 

4 (B) in subparagraph (A), by inserting ‘‘or 

5 international governmental organization (as the 

6 case may be)’’ after ‘‘of the boycotting coun7 try’’; and 

8 (C) in subparagraph (D)— 

9 (i) by inserting ‘‘, or requesting the 

10 furnishing of information,’’ after ‘‘Fur11 nishing information’’; and 

12 (ii) by inserting ‘‘or with the inter13 national governmental organization (as the 

14 case may be)’’ after ‘‘in the boycotting 

15 country’’; and 

16 (2) in subsection (c)— 

17 (A) by inserting ‘‘, or requests to impose 

18 restrictive trade practices or boycotts by foreign 

19 countries,’’ after ‘‘foreign countries’’; and 

20 (B) by inserting ‘‘or restrictive trade prac21 tices or boycotts fostered or imposed by any 

22 international governmental organization, or re23 quests to impose restrictive trade practices or 

24 boycotts by any international governmental orVerDate Sep 11 2014 22:48 Oct 06, 2016 Jkt 069200 PO 00000 Frm 00008 Fmt 6652 Sfmt 6201 E:\BILLS\S3465.IS S3465

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1 ganization, against Israel’’ before the period at 

2 the end. 

3 (c) VIOLATIONS OF SECTION 8(a).—Section 11 of the 

4 Export Administration Act of 1979 (50 U.S.C. 4610) (as 

5 continued in effect under the International Emergency 

6 Economic Powers Act (50 U.S.C. 1701 et seq.)) is amend7 ed— 

8 (1) in subsection (a), by inserting ‘‘or (j)’’ after 

9 ‘‘subsection (b)’’; and 

10 (2) by adding at the end the following: 

11 ‘‘(j) VIOLATIONS OF SECTION 8(a).—Whoever know12 ingly violates or conspires to or attempts to violate any 

13 provision of section 8(a) or any regulation, order, or li14 cense issued thereunder shall be fined in accordance with 

15 section 206 of the International Emergency Economic 

16 Powers Act (50 U.S.C. 1705).’’. 

17 (d) EFFECTIVE DATE.—The amendments made by 

18 this section take effect on the date of the enactment of 

19 this Act and apply with respect to actions described in 

20 section 8(a) of the Export Administration Act of 1979 (as 

21 continued in effect under the International Emergency 

22 Economic Powers Act) taken or knowingly agreed to be 

23 taken on or after such date of enactment. 


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1 SEC. 7. POLICY OF THE UNITED STATES RELATING TO BOY2 COTT OF ISRAEL UNDER EXPORT-IMPORT 

3 BANK ACT OF 1945. 

4 Section 2(b)(1)(B) of the Export-Import Bank Act 

5 of 1945 (12 U.S.C. 635(b)(1)(B)) is amended in the sixth 

6 sentence by inserting after ‘‘child labor),’’ the following: 

7 ‘‘or opposing policies and actions that are politically moti8 vated and are intended to penalize or otherwise limit com9 mercial relations specifically with citizens or residents of 

10 Israel, entities organized under the laws of Israel, or the 

11 Government of Israel,’’. 

Æ 


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