III 118th CONGRESS 2d Session S. RES. 540 IN THE SENATE OF THE UNITED STATES February 1, 2024 Mr. Markey (for himself, Mr. Cassidy , Mr. Peters , Mr. Rubio , Mr. Whitehouse , Ms. Warren , Mr. Welch , Mr. Menendez , and Mr. Fetterman ) submitted the following resolution; which was referred to the Committee on Foreign Relations RESOLUTION Requesting information on Azerbaijan’s human rights practices pursuant to section 502B(c) of the Foreign Assistance Act of 1961.

1. Request for information on Azerbaijan’s human rights practices (a) Statement requested The Senate requests that the Secretary of State, not later than 30 days after the date of the adoption of this resolution, transmit to the Committee on Foreign Affairs of the House of Representatives and the Committee on Foreign Relations of the Senate, pursuant to section 502B(c) of the Foreign Assistance Act of 1961 ( 22 U.S.C. 2304(c) ), a statement, prepared in collaboration with the Assistant Secretary of State for Democracy, Human Rights, and Labor and the Office of the Legal Adviser, regarding Azerbaijan’s human rights practices. (b) Elements The statement submitted under subsection (a) shall include the following elements: (1) All available information about the observance and respect for human rights and fundamental freedoms in Azerbaijan, including information concerning alleged violations of internationally recognized human rights by the Government of Azerbaijan, including— (A) unlawful or arbitrary killings; (B) torture; (C) cruel, inhuman, or degrading treatment or punishment of detainees; (D) political prisoners; (E) arbitrary arrest or detention; (F) the displacement of ethnic Armenians from Nagorno Karabakh; (G) restrictions on freedom of assembly, association, and movement; (H) pervasive problems with the independence of the judiciary; (I) forced disappearances; (J) serious restrictions on freedom of speech, expression, and the media; (K) severe restrictions on political participation; (L) discrimination against women and gender-based violence; (M) restrictions on religious freedom; (N) serious restrictions on internet freedom; (O) existence of the worst forms of child labor; and (P) destruction of religious and cultural sites. (2) A description of the steps that the United States Government has taken— (A) to promote respect for and observance of human rights in Azerbaijan and by the Government of Azerbaijan, including in the context of the conflict with Armenia and Artsakh (Nagorno-Karabakh); (B) to discourage any practices in Azerbaijan that are inimical to internationally recognized human rights; and (C) to publicly or privately call attention to, and disassociate the United States and any security assistance provided for the Government of Azerbaijan from, any practices described in subparagraph (B). (3) An assessment from the Secretary of State, notwithstanding any practices described in paragraph (2)(B), whether extraordinary circumstances exist that necessitate a continuation of security assistance for Azerbaijan. (4) If such circumstances exist, a description of the circumstances and the extent to which security assistance should be continued (subject to such conditions as Congress may impose under section 502B of the Foreign Assistance Act of 1961 ( 22 U.S.C. 2304 )). (5) Other information, including— (A) an assessment from the Secretary of State of the likelihood that United States security assistance (as defined in section 502B(d) of the Foreign Assistance Act of 1961 ( 22 U.S.C. 2304(d) )) has or will be used in support of Azerbaijani activities related to the conflict with Armenia, aggression against Nagorno-Karabakh (Artsakh), and the blockade of the Lachin Corridor; (B) a description and assessment of the actions that the United States Government is taking to ensure end use monitoring protocols for all weapons sold or transferred to Azerbaijan; (C) an assessment of the impact of United States assistance provided to Azerbaijan over the past 10 years has had on the balance of power between Azerbaijan and Armenia, and on efforts to negotiate a durable and lasting peace settlement between Armenia and Azerbaijan; (D) a description of the United States Government’s efforts in Azerbaijan to adhere to the prohibitions in section 620M of the Foreign Assistance Act of 1961 ( 22 U.S.C. 2378d ) and section 362 of title 10, United States Code, against the provision of foreign assistance to security units against which there are credible allegations of human rights violations (commonly referred to as the Leahy laws ) and to ensure that no units implicated in gross violations of human rights receive United States assistance, including information on which units have been rejected in the Leahy vetting process; (E) an assessment from the Secretary of State of whether ethnic cleansing or genocidal acts have taken or are taking place in Nagorno-Karabakh; and (F) a determination, within 30 days of passage of this resolution, as to whether Azerbaijani officials found to be responsible for or complicit in, or to have directly or indirectly engaged in, human rights abuses listed in paragraph (1) meet the criteria for sanctions and— (i) a description of any actions that the United States Government is taking to implement sanctions, including sanctions under the Global Magnitsky Human Rights Accountability Act ( 22 U.S.C. 10101 et seq. ) and section 7031(c) of the Department of State, Foreign Operations, and Related Programs Appropriations Act, 2020 (division G of Public Law 116–94 ; 133 Stat. 2864), to hold accountable Azerbaijani officials responsible for gross violations of human rights or significant corruption; or (ii) a justification for why sanctions have not been imposed on individuals found to meet the criteria for sanctions under existing law.