Title: Restricting Taliban Critical Mineral Trade Act
Policy area: International Affairs

Summary:
Restricting Taliban Critical Mineral Trade Act
This bill requires the President to impose sanctions on companies that are organized under the laws of China or Russia and agree to do business with the Taliban in a sector involving specified critical minerals, such as rare earth elements.
The President must impose property-blocking sanctions on such companies. Such companies must also be subject to certain export licensing requirements.

[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[S. 2826 Introduced in Senate (IS)]

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117th CONGRESS
  1st Session
                                S. 2826

To impose sanctions with respect to Chinese and Russian companies that 
 sign contracts or otherwise do business with the Taliban in strategic 
               resource sectors, and for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                           September 23, 2021

  Mr. Marshall (for himself and Mr. Scott of Florida) introduced the 
 following bill; which was read twice and referred to the Committee on 
                  Banking, Housing, and Urban Affairs

_______________________________________________________________________

                                 A BILL


 
To impose sanctions with respect to Chinese and Russian companies that 
 sign contracts or otherwise do business with the Taliban in strategic 
               resource sectors, and for other purposes.

    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 ``Restricting Taliban Critical Mineral 
Trade Act''.

SEC. 2. IMPOSITION OF SANCTIONS WITH RESPECT TO CHINESE AND RUSSIAN 
              COMPANIES THAT SIGN CONTRACTS OR OTHERWISE DO BUSINESS 
              WITH THE TALIBAN IN STRATEGIC RESOURCE SECTORS.

    (a) In General.--The President shall impose the sanctions described 
in subsection (b) with respect to any covered foreign entity that, on 
or after the date of the enactment of this Act--
            (1) signs a contract with the Taliban with respect to a 
        strategic resource sector; or
            (2) otherwise agrees to do business with the Taliban in a 
        strategic resource sector.
    (b) Sanctions.--
            (1) Blocking of property.--
                    (A) In general.--The President shall exercise all 
                of the powers granted to the President under the 
                International Emergency Economic Powers Act (50 U.S.C. 
                1701 et seq.) to the extent necessary to block and 
                prohibit all transactions in property and interests in 
                property of a covered foreign entity described in 
                subsection (a) if such property and interests in 
                property are in the United States, come within the 
                United States, or are or come within the possession or 
                control of a United States person.
                    (B) Penalties.--The penalties provided for in 
                subsections (b) and (c) of section 206 of the 
                International Emergency Economic Powers Act (50 U.S.C. 
                1705) shall apply to a person that violates, attempts 
                to violate, conspires to violate, or causes a violation 
                of any regulation, license, or order issued to carry 
                out subparagraph (A) to the same extent that such 
                penalties apply to a person that commits an unlawful 
                act described in subsection (a) of that section.
                    (C) Implementation.--The President may exercise all 
                authorities under sections 203 and 205 of the 
                International Emergency Economic Powers Act (50 U.S.C. 
                1702 and 1704) to carry out this paragraph.
            (2) Inclusion on entity list.--The President shall include 
        any covered foreign entity described in subsection (a) on the 
        entity list maintained by the Bureau of Industry and Security 
        and set forth in Supplement No. 4 to part 744 of title 15, Code 
        of Federal Regulations.
    (c) Definitions.--In this section:
            (1) Covered foreign entity.--The term ``covered foreign 
        entity'' means--
                    (A) an entity organized under the laws of the 
                People's Republic of China or the Russian Federation, 
                including any jurisdiction within either such country; 
                or
                    (B) a significant subsidiary (as defined in section 
                210.1-02(w) of title 17, Code of Federal Regulations, 
                or successor regulations) of an entity described in 
                subparagraph (A).
            (2) Critical mineral.--The term ``critical mineral'' means 
        a critical mineral--
                    (A) included in the final list of critical minerals 
                published by the Secretary of the Interior in the 
                Federal Register on May 18, 2018 (83 Fed. Reg. 23295); 
                or
                    (B) as defined in section 7002(a) of the Energy Act 
                of 2020 (30 U.S.C. 1606(a)).
            (3) Strategic resource sector.--The term ``strategic 
        resource sector'' means a sector of the economy relating to 
        trade or investment in any critical mineral.
            (4) United states person.--the term ``United States 
        person'' means--
                    (A) a United States citizen or an alien lawfully 
                admitted to the United States for permanent residence; 
                and
                    (B) an entity organized under the laws of the 
                United States or any jurisdiction within the United 
                States (including any foreign branch of such an 
                entity).
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