Countering Turkish Aggression Act of 2024

Bill: 118-s-5643
Sponsor: full_name: Sen. Graham, Lindsey [R-SC]
Introduced: 2024-12-20
Policy area: International Affairs
Latest action: action_date: 2024-12-20
text: Read twice and referred to the Committee on Foreign Relations.

Summaries:

tv_txt: II 118th CONGRESS 2d Session S. 5643 IN THE SENATE OF THE UNITED STATES December 20 (legislative day, December 16), 2024 Mr. Graham (for himself and Mr. Van Hollen ) introduced the following bill; which was read twice and referred to the Committee on Foreign Relations A BILL To impose sanctions with respect to the Government of Türkiye, and for other purposes.

1. Short title; table of contents (a) Short title This Act may be cited as the Countering Turkish Aggression Act of 2024 . (b) Table of contents The table of contents for this Act is as follows: Sec. 1. Short title; table of contents. Sec. 2. Sense of Congress. Sec. 3. Definitions. Sec. 4. Imposition of sanctions with respect to the Government of Türkiye. Sec. 5. Imposition of sanctions with respect to financial institutions that facilitate transactions for Turkish Armed Forces. Sec. 6. Imposition of sanctions with respect to energy production in Syria. Sec. 7. Imposition of CAATSA section 231 sanctions against the Government of Türkiye. Sec. 8. Prohibition on United States military assistance to Turkish Armed Forces. Sec. 9. Prohibition on purchases of Turkish sovereign debt by United States persons. Sec. 10. Exceptions. Sec. 11. Implementation; penalties. Sec. 12. Exception to comply with international obligations. Sec. 13. Termination authority. 2. Sense of Congress It is the sense of Congress that— (1) the presence of United States troops within Syria is critical to the safety of the United States and allies and partners of the United States; (2) the United States should continue to work with the Syrian Kurdish communities that have been key partners of the United States in the ongoing fight against the Islamic State of Iraq and Syria (commonly known as ISIS ); (3) the Syrian Democratic Forces oversee more than 20 detention facilities in Syria that contain thousands of ISIS fighters; (4) attacks on the Syrian Democratic Forces by the Government of Türkiye or Turkish-backed forces jeopardize United States interests in the region and risk the reemergence of ISIS, which would threaten the homeland and allies and partners of the United States across the globe; and (5) the United States Government should work, through diplomatic means, with the Government of Türkiye to help facilitate a sustained ceasefire and a demilitarized zone along the border between Türkiye and Syria, particularly the city of Kobani. 3. Definitions In this Act: (1) Admitted; alien The terms admitted and alien have the meanings given those terms in section 101 of the Immigration and Nationality Act ( 8 U.S.C. 1101 ). (2) Financial institution The term financial institution means a financial institution specified in subparagraph (A), (B), (C), (D), (E), (F), (G), (H), (I), (J), (M), or (Y) of section 5312(a)(2) of title 31, United States Code. (3) Foreign financial institution The term foreign financial institution has the meaning given that term in regulations prescribed by the Secretary of the Treasury. (4) Foreign person The term foreign person means an individual or entity that is not a United States person. (5) Knowingly The term knowingly , with respect to conduct, a circumstance, or a result, means that a person has actual knowledge, or should have known, of the conduct, the circumstance, or the result. (6) United States person The term United States person means— (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 any jurisdiction within the United States, including a foreign branch of such an entity. 4. Imposition of sanctions with respect to the Government of Türkiye (a) In general Not later than 15 days after the date of the enactment of this Act, and every 90 days thereafter, the President shall— (1) impose the sanctions described in subsection (c) with respect to— (A) each official of the Government of Türkiye described in subsection (b); (B) any foreign person that the President determines knowingly sells, otherwise provides, or conducts a transaction to provide, financial, material, or technological support to the Turkish Armed Forces, including— (i) aircraft, aircraft parts, or machinery, equipment, or services used by the Turkish Air Force; (ii) aircraft or automotive machinery, equipment, or services used by the Turkish Land Forces; (iii) vessels, aircraft, equipment, or services used by the Turkish Navy; and (iv) defense articles, services, technology, or materials used by the Turkish Armed Forces; and (C) any foreign person that the President determines knowingly supplies goods, services, technology, information, or other support that maintains or supports the production of crude oil, natural gas, or refined petroleum or natural gas products, in Türkiye for use by the Turkish Armed Forces; and (2) prohibit any United States person from engaging in any transaction with a person described in paragraph (1). (b) Officials described An official of the Government of Türkiye described in this subsection is any of the following: (1) The President of the Government of Türkiye. (2) The Vice President of the Government of Türkiye. (3) The Minister of National Defense of the Government of Türkiye. (4) The Minister of Foreign Affairs of the Government of Türkiye. (5) The Minister of Treasury and Finance of the Government of Türkiye. (6) The Minister of Trade of the Government of Türkiye. (7) The Minister of Energy and Natural Resources of the Government of Türkiye. (8) The Chief of the National Intelligence Organization of the Government of Türkiye. (9) Any other official of the Government of Türkiye that the President determines should be subject to sanctions under subsection (a). (c) Sanctions described The sanctions described in this subsection are the following: (1) Property blocking (A) In general The exercise of all powers granted to the President by 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 described in subparagraph (B), 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) Property described The property and interests in property described in this subparagraph are— (i) property and interests in property of a person determined by the President to be subject to subsection (a)(1); and (ii) property and interests in property of any other individual, if a person subject to subsection (a)(1) transferred the property or interests in property to the individual after the date on which the President imposed sanctions under this section with respect to the person. (2) Aliens inadmissible for visas, admission, parole (A) Visas, admission, or parole An alien described in subsection (a)(1) is— (i) inadmissible to the United States; (ii) ineligible to receive a visa or other documentation to enter the United States; and (iii) otherwise ineligible to be admitted or paroled into the United States or to receive any other benefit under the Immigration and Nationality Act ( 8 U.S.C. 1101 et seq. ). (B) Current visas revoked (i) In general The visa or other entry documentation of an official specified in subsection (b) shall be revoked, regardless of when such visa or other entry documentation is or was issued. (ii) Immediate effect A revocation under clause (i) shall— (I) take effect immediately; and (II) automatically cancel any other valid visa or entry documentation that is in the possession of such official. 5. Imposition of sanctions with respect to financial institutions that facilitate transactions for Turkish Armed Forces If the Secretary of the Treasury, in consultation with the Secretary of State, the Secretary of Defense, and the Director of National Intelligence, determines that any foreign financial institution has knowingly facilitated transactions for the Turkish Armed Forces or defense industry in Türkiye relating to the military operations of Türkiye in Syria, the President shall, not later than 60 days after that determination— (1) impose the sanctions described in section 4(c) with respect to that financial institution; and (2) prohibit any United States person from engaging in any transaction with that financial institution. 6. Imposition of sanctions with respect to energy production in Syria On and after the date of the enactment of this Act, the President shall— (1) impose the sanctions described in section 4(c) with respect to any foreign person that the President determines knowingly sells or provides significant goods, services, technology, information, or other support that significantly facilitates the maintenance or expansion of the production of natural gas, petroleum, or petroleum products in Syria for use by the Russian Federation, Iran, Türkiye, or Turkish-backed militias; and (2) prohibit any United States person from engaging in any transaction with a person described in paragraph (1). 7. Imposition of CAATSA section 231 sanctions against the Government of Türkiye (a) Determination For the purposes of section 231 of the Countering America’s Adversaries Through Sanctions Act ( 22 U.S.C. 9525 ), Türkiye’s acquisition of the Russian S–400 air and missile defense system beginning July 12, 2019, shall be considered to be a significant transaction described in such section. (b) Sanctions Not later than 30 days after the date of the enactment of this Act, the President shall impose, under section 231 of the Countering America’s Adversaries Through Sanctions Act ( 22 U.S.C. 9525 ), 5 or more sanctions described in section 235 of that Act ( 22 U.S.C. 9529 ) with respect to the Government of Türkiye, which shall be in addition to the sanctions imposed with respect to the Government of Türkiye under such section 231 as of such date of enactment. 8. Prohibition on United States military assistance to Turkish Armed Forces (a) Prohibition on transfers The President shall prohibit the transfer of defense articles and services under section 21 of the Arms Export Control Act ( 22 U.S.C. 2761 ) to the Turkish Armed Forces. (b) No use of emergency authorities The authority of the President to waive statutory congressional review periods under the Arms Export Control Act ( 22 U.S.C. 2751 et seq. ) in cases in which an emergency exists shall not apply to the transfer of defense articles or services to Türkiye. 9. Prohibition on purchases of Turkish sovereign debt by United States persons The President shall prescribe regulations prohibiting any United States person from purchasing sovereign debt of the Government of Türkiye. 10. Exceptions (a) Support for people of Türkiye This Act shall not apply with respect to— (1) the provision of humanitarian assistance (including medical assistance) to the people of Türkiye; or (2) efforts to promote democracy in Türkiye, including through providing election assistance. (b) Intelligence activities (1) In general This Act shall not apply with respect to activities subject to the reporting requirements under title V of the National Security Act of 1947 ( 50 U.S.C. 3091 et seq. ), or any authorized intelligence activities of the United States. (2) Requirement Activities carried out under the exception under paragraph (1) may not be carried out in a manner that provides the Government of Türkiye with targeting data regarding the location or disposition of Syrian Democratic Forces. (c) Exception relating to importation of goods (1) In general The authorities and requirements to impose sanctions authorized under this Act shall not include the authority or requirement to impose sanctions on the importation of goods. (2) Good defined In this subsection, the term good means any article, natural or manmade substance, material, supply or manufactured product, including inspection and test equipment, and excluding technical data. 11. Implementation; penalties (a) Implementation The President may exercise all authorities provided to the President under sections 203 and 205 of the International Emergency Economic Powers Act (50 U.S.C. 1702 and 1704) to carry out this Act. (b) Penalties A person that violates, attempts to violate, conspires to violate, or causes a violation of this Act or any regulation, license, or order issued to carry out this Act 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 ) to the same extent as a person that commits an unlawful act described in subsection (a) of that section. 12. Exception to comply with international obligations Sanctions under this Act shall not apply to the admission of an alien if the admission of that alien is necessary to comply with United States obligations under the Agreement between the United Nations and the United States of America regarding the Headquarters of the United Nations, signed at Lake Success June 26, 1947, and entered into force November 21, 1947, under the Convention on Consular Relations, done at Vienna April 24, 1963, and entered into force March 19, 1967, or under other international agreements. 13. Termination authority (a) In general The President may terminate the application of sanctions, prohibitions, restrictions, and penalties under this Act if the President certifies to Congress that— (1) the Government of Türkiye, the Syrian National Army, and other militias supported by the Government of Türkiye have halted attacks against the Syrian Kurdish community and other communities affected by Turkish or Turkish-backed military operations; (2) Turkish forces, Syrian National Army forces, and other militias supported by the Government of Türkiye not involved in coordinated operations with members of the North Atlantic Treaty Organization or the Global Coalition to Defeat ISIS, have withdrawn from all locations in Syria that they did not occupy before the launch of any action against the Syrian Democratic Forces on November 27, 2024; and (3) the Government of Türkiye, the Syrian National Army, and other militias supported by the Government of Türkiye are not hindering counterterrorism operations against ISIS. (b) Reimposition If the Government of Türkiye violates paragraph (1), (2), or (3) of subsection (a) after the submission of a certification described in subsection (a), the President shall reimpose sanctions, prohibitions, restrictions, and penalties as described in this Act.