Cambodia Accountability and Return on Investment Act of 2019

To support the successful implementation of the 1991 Paris Peace Agreement in Cambodia, and for other purposes. 1. Short title This Act may be cited as the Cambodia Accountability and Return on Investment Act of 2019 2. Strengthening democracy and the sovereignty of Cambodia (a) Conditions of assistance for Cambodia (1) In general No funds authorized to be appropriated for assistance for the Government of Cambodia may be made available for that purpose unless the Secretary of State makes the certification described in paragraph (2). (2) Certification described The certification described in this paragraph is a certification to the appropriate congressional committees that the Government of Cambodia is taking effective steps to— (A) strengthen regional security and stability, particularly regarding territorial disputes in the South China Sea and the enforcement of international sanctions with respect to North Korea; (B) protect its sovereignty from interference by the People’s Republic of China; and (C) respect the rights and responsibilities enshrined in the Constitution of the Kingdom of Cambodia enacted in 1993, including— (i) the immediate and unconditional release from house arrest of opposition politician Kem Sokha and the dismissal of the politically motivated charges against him; (ii) the immediate and unconditional release from detention of all other known political opposition party members and civil society representatives who were prosecuted for exercising their civil or political rights, and dismissal of the politically motivated charges against them; (iii) the dismissal of politically motivated criminal charges against other opposition party leaders and supporters, including opposition leader Sam Rainsy, and criminal charges against other dissidents, government critics, and journalists, including Radio Free Asia journalists Uon Chhin and Yeang Sothearin; (iv) the repeal of 2017 and 2019 amendments to the Law on Political Parties that permitted the arbitrary dissolution of opposition parties in Cambodia, including the Cambodia National Rescue Party, and the prohibition of over 100 opposition party members from political activity; and (v) the repeal of laws, amendments, decrees, and regulations that serve as a pretext for the Government of Cambodia to prosecute opposition political party members and political dissidents and to weaponize the rule of law, including: the Law on Associations and Non-Governmental Organizations; the Law on Trade Unions; the Law on Telecommunications; National Law Decree No. 170 Br.K/Inter-ministerial (Prakas) allowing for the removal and blocking of online content that is critical of such government; and constitutional amendments and amendments to the Penal Code introducing clauses on lese majeste. (b) Inadmissibility of individuals who undermine democracy in Cambodia (1) Policy (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 individuals involved in undermining democracy in Cambodia, including— (i) senior officials of the Government of Cambodia, including the military, gendarmerie, police, and judiciary; (ii) officers and employees of entities, including international commercial fa­cil­i­ta­tors and offshore entities, owned or controlled by such officials; and (iii) immediate family members of such officials. (B) Duration The entry restriction policy described in subparagraph (A) shall remain in effect until the Secretary of State makes the certification described in subsection (a)(2). (2) Report required (A) In general Not later than 30 days after the date of the enactment of this Act, and every 90 days thereafter until December 31, 2021, the Secretary of State shall submit to the appropriate congressional committees a report that— (i) describes the measures taken to implement the entry restriction policy described in paragraph (1)(A); and (ii) includes a comprehensive list of the individuals subject to the policy. (B) Form of report Each report required by subparagraph (A) shall be submitted in unclassified form but may include a classified annex. (c) Blocking of property of individuals who undermine democracy in Cambodia (1) Reports to Office of Foreign Assets Control Not later than 60 days after the date of the enactment of this Act, the President shall take such action as is necessary to direct, including through the promulgation of regulations, that any United States financial institution holding, managing, or transferring property or interests in property of an individual described in subsection (b)(1)(A), shall promptly report such property or interests in property to the Office of Foreign Assets Control of the Department of the Treasury. (2) Blocking of property The President may, pursuant to the International Emergency Economic Powers Act ( 50 U.S.C. 1701 (3) Penalties A person that violates, attempts to violate, conspires to violate, or causes a violation of this subsection or any regulation, license, or order issued to carry out this subsection shall be subject to the penalties set forth in subsections (b) and (c) of section 206 of the International Emergency Economic Powers Act ( 50 U.S.C. 1705 (d) Suspension of eligibility for Generalized System of Preferences Not later than 90 days after the date of the enactment of this Act, the designation of Cambodia under section 502 of the Trade Act of 1974 ( 19 U.S.C. 2462 19 U.S.C. 2461 (e) Prohibition on debt relief The Secretary of State may not negotiate for or establish a program of debt relief for the Government of Cambodia until the Secretary of State makes the certification described in subsection (a)(2). (f) Opposition to loans and assistance by international financial institutions The Secretary of the Treasury shall instruct the United States executive director to each international financial institution to use the voice and vote of the United States to oppose the extension by that institution of any loan or financial or technical assistance for the Government of Cambodia, other than to meet basic human needs, until the Secretary of State makes the certification described in subsection (a)(2). (g) Online information programs on the interference of the People's Republic of China in the sovereignty of Cambodia There are authorized to be appropriated such sums as may be necessary for Khmer-language programs to be broadcast on the internet that inform and educate the people of Cambodia on the role of— (1) the Government of the People's Republic of China in supporting the Communist Party of Kampuchea and the Democratic Kampuchea regime of Pol Pot; (2) the international community, particularly the United States, in supporting implementation of the Agreement on a Comprehensive Political Settlement of the Cambodia Conflict, signed October 23, 1991 (commonly known as the 1991 Paris Peace Agreement (3) the Government of Cambodia in implementing that Agreement; and (4) the People’s Republic of China in undermining the sovereignty of Cambodia today, including— (A) the extent of its influence among senior Government of Cambodia officials and overt and covert methods for exerting such influence; (B) involvement in licit and illicit businesses, particularly in the coastal provinces of Koh Kong and Sihanoukville; and (C) the strategic designs on the geography of Cambodia for military and other security purposes through dual use investments and projects. (h) Definitions In this section: (1) Appropriate congressional committees The term appropriate congressional committees (A) the Committee on Appropriations, the Committee on Banking, Housing, and Urban Affairs, and the Committee on Foreign Relations of the Senate; and (B) the Committee on Appropriations, the Committee on Financial Services, and the Committee on Foreign Affairs of the House of Representatives. (2) International financial institution The term international financial institution 22 U.S.C. 262r(c) (3) United States person The term United States person (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 within the United States, including a foreign branch of such an entity.

Summary: Cambodia Accountability and Return on Investment Act of 2019 This bill imposes conditions for assistance to Cambodia and contains other provisions related to democracy in Cambodia. No funds authorized for assistance to Cambodia may be made available unless the Department of State certifies to Congress that Cambodia has taken certain actions, including (1) strengthening regional security and stability, in particular in relation to the South China Sea and by enforcing sanctions against North Korea; (2) protecting its sovereignty from interference from China; and (3) respecting constitutionally protected rights and releasing political prisoners. Various other benefits, such as Cambodia's designation as a beneficiary developing country for trade treatment purposes, shall also be suspended until such a certification is made. The State Department shall report to Congress on the implementation of existing visa-blocking restrictions against individuals involved in undermining democracy in Cambodia. The President shall take all actions necessary to direct U.S. financial institutions to promptly report to the Office of Foreign Assets Control as to holdings, transfers, or interests in property belonging to individuals involved in undermining democracy in Cambodia. The President may impose property-blocking sanctions on such individuals. The bill authorizes the broadcast of Khmer-language internet content to inform the Cambodian people of various topics, such as China's undermining of Cambodia's sovereignty.