Israel Anti-Boycott Act

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. Short title This Act may be cited as the Israel Anti-Boycott Act 2. Findings Congress finds the following: (1) The United Nations Human Rights Council (in this section referred to as the UNHRC (2) The UNHRC maintains a permanent agenda item known as Item 7 (3) At its 31st session on March 24, 2016, the UNHRC targeted Israel with a commercial boycott, calling for the establishment of a database, such as a blacklist (4) At its 32nd session in March 2017, the UNHRC is considering a resolution pursuant to agenda item 7 to withhold assistance from and prevent trade with territories occupied since 1967 (5) For a half century, Congress has combated anti-Israel boycotts and other discriminatory activity under the Export Administration Act of 1979 (as continued in effect pursuant to the International Emergency Economic Powers Act ( 50 U.S.C. 1701 Public Law 94–455 Ribicoff Amendment (6) The recent action of the UNHRC is reminiscent of the Arab League Boycott, which also called for the establishment of a blacklist (7) Congress recently passed anti-boycott, divestment, and sanctions measures in the Bipartisan Congressional Trade Priorities and Accountability Act of 2015 ( 19 U.S.C. 4201 19 U.S.C. 4452 (A) the opposition of the United States to actions to boycott, divest from, or sanction Israel; (B) requirements that the United States utilize trade negotiations to combat state-led or international governmental organization-led actions to boycott, divest from, or sanction Israel; and (C) reporting requirements regarding the actions of foreign countries or international organizations that establish barriers to trade or investment for United States companies in or with Israel. 3. Statement of policy Congress— (1) opposes the United Nations Human Rights Council resolution of March 24, 2016, which urges countries to pressure their own companies to divest from, or break contracts with, Israel, and calls for the creation of a blacklist (2) views such policies as actions to boycott, divest from, or sanction Israel; and (3) in order to counter the effects of actions to boycott, divest from, or sanction Israel, encourages full implementation of the United States-Israel Strategic Partnership Act of 2014 ( Public Law 113–296 4. Additional prohibitions relating to foreign boycotts under Export Administration Act of 1979 (a) Declaration of policy Section 3(5) of the Export Administration Act of 1979 ( 50 U.S.C. 4602(5) 50 U.S.C. 1701 (1) by amending subparagraph (A) to read as follows: (A) to oppose— (i) restrictive trade practices or boycotts fostered or imposed by foreign countries, or requests to impose restrictive trade practices or boycotts by foreign countries, against other countries friendly to the United States or against any United States person; and (ii) restrictive trade practices or boycotts fostered or imposed by any international governmental organization against Israel or requests to impose restrictive trade practices or boycotts by any international governmental organization against Israel; ; and (2) in subparagraph (B), by striking which have the effect which have the effect of furthering or supporting— (i) restrictive trade practices or boycotts fostered or imposed by any foreign country, or requests to impose restrictive trade practices or boycotts by any foreign country, against a country friendly to the United States or against any United States person; and (ii) restrictive trade practices or boycotts fostered or imposed by any international governmental organization against Israel or requests to impose restrictive trade practices or boycotts by any international governmental organization against Israel; and . (b) Foreign boycotts Section 8 of the Export Administration Act of 1979 ( 50 U.S.C. 4607 50 U.S.C. 1701 (1) in subsection (a)(1)— (A) in the matter preceding subparagraph (A)— (i) by inserting , or request to impose any boycott by a foreign country, a foreign country (ii) by inserting , or support any boycott fostered or imposed by any international governmental organization against Israel or request to impose any boycott by any international governmental organization against Israel pursuant to United States law or regulation (B) in subparagraph (A), by inserting or international governmental organization (as the case may be) of the boycotting country (C) in subparagraph (D)— (i) by inserting , or requesting the furnishing of information, Furnishing information (ii) by inserting or with the international governmental organization (as the case may be) in the boycotting country (2) in subsection (c)— (A) by inserting , or requests to impose restrictive trade practices or boycotts by foreign countries, foreign countries (B) by inserting or restrictive trade practices or boycotts fostered or imposed by any international governmental organization against Israel or requests to impose restrictive trade practices or boycotts by any international governmental organization against Israel (c) Violations of section 8(a) Section 11 of the Export Administration Act of 1979 ( 50 U.S.C. 4610 50 U.S.C. 1701 (1) in subsection (a), by inserting or (j) subsection (b) (2) by adding at the end the following: (j) Violations of section 8(a) Whoever knowingly violates or conspires to or attempts to violate any provision of section 8(a) or any regulation, order, or license issued thereunder shall be fined in accordance with section 206 of the International Emergency Economic Powers Act ( 50 U.S.C. 1705 . (d) Definition of international governmental organization Section 16 of the Export Administration Act of 1979 ( 50 U.S.C. 4618 50 U.S.C. 1701 (1) by redesignating paragraphs (7) and (8) as paragraphs (8) and (9), respectively; and (2) by inserting after paragraph (6) the following: (7) the term international governmental organization . (e) Effective date The amendments made by this section take effect on the date of the enactment of this Act and apply with respect to actions described in section 8(a) of the Export Administration Act of 1979 (as continued in effect pursuant to the International Emergency Economic Powers Act ( 50 U.S.C. 1701 (f) Implementation The President shall implement the amendments made by this section by exercising the authorities of the President under the International Emergency Economic Powers Act ( 50 U.S.C. 1701 5. Policy of the United States relating to boycott of Israel under Export-Import Bank Act of 1945 Section 2(b)(1)(B) of the Export-Import Bank Act of 1945 ( 12 U.S.C. 635(b)(1)(B) child labor), or opposing policies and actions that are politically motivated and are intended to penalize or otherwise limit commercial relations specifically with citizens or residents of Israel, entities organized under the laws of Israel, or the Government of Israel, 6. Definitions (a) In general In this Act: (1) Actions to boycott, divest from, or sanction Israel The term actions to boycott, divest from, or sanction Israel 19 U.S.C. 4201(b)(20)(B) (2) International governmental organization The term international governmental organization (3) Politically motivated The term politically motivated (b) Rule of construction Nothing in this section shall be construed to alter the established policy of the United States or to establish new United States policy concerning final status issues associated with the Arab-Israeli conflict, including border delineation, that can only be resolved through direct negotiations between the parties.

Summary: Israel Anti-Boycott Act This bill declares that Congress: (1) opposes the United Nations Human Rights Council resolution of March 24, 2016, which urges countries to pressure companies to divest from, or break contracts with, Israel; and (2) encourages full implementation of the United States-Israel Strategic Partnership Act of 2014 through enhanced, governmentwide, coordinated U.S.-Israel scientific and technological cooperation in civilian areas. The bill amends the Export Administration Act of 1979 to declare that it shall be U.S. policy to oppose: requests by foreign countries to impose restrictive practices or boycotts against other countries friendly to the United States or against U.S. persons; and restrictive trade practices or boycotts fostered or imposed by an international governmental organization, or requests to impose such practices or boycotts, against Israel. The bill prohibits any U.S. person engaged interstate or foreign commerce from supporting: any request by a foreign country to impose any boycott against a country that is friendly to the United States and that is not itself the object of any form of boycott pursuant to United States law or regulation, or any boycott fostered or imposed by any international governmental organization against Israel or any request by any international governmental organization to impose such a boycott. The bill amends the Export-Import Bank Act of 1945 to include as a reason for the Export-Import Bank to deny credit applications for the export of goods and services between the United States and foreign countries, opposition to policies and actions that are politically motivated and are intended to penalize or otherwise limit commercial relations specifically with citizens or residents of Israel, entities organized under the laws of Israel, or the government of Israel.