Bill Summary
The Cambodia Democracy Act of 2019 is a law aimed at promoting free and fair elections, political freedoms, and human rights in Cambodia. It was passed by the United States Congress and aims to address the undemocratic domination of the ruling party in Cambodia, restrictions on civil society and media, and human rights violations in the country. The Act calls for the imposition of sanctions on individuals and entities responsible for undermining democracy in Cambodia, but also allows for the suspension of these sanctions if significant progress is made towards ending these violations. The Act also includes definitions and provisions for its implementation and termination after 5 years.
Possible Impacts
1. The legislation could affect Cambodian citizens who are part of NGOs or civil society groups, as it gives the Cambodian government sweeping powers to revoke their registration and restrict their legitimate work.
2. The legislation could affect American citizens who are volunteers with organizations such as the United States Peace Corps, as the Cambodian government has previously called for their withdrawal.
3. The legislation could affect Cambodian opposition party members and leaders, as it imposes sanctions on senior officials and entities who are deemed to have undermined democracy in Cambodia. This could result in travel restrictions and asset blocking for these individuals.
[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[H.R. 526 Referred in Senate (RFS)]
<DOC>
116th CONGRESS
1st Session
H. R. 526
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
July 16, 2019
Received; read twice and referred to the Committee on Foreign Relations
_______________________________________________________________________
AN ACT
To promote free and fair elections, political freedoms, and human
rights in Cambodia, 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 ``Cambodia Democracy Act of 2019''.
SEC. 2. FINDINGS.
Congress finds the following:
(1) Prime Minister Hun Sen has been in power in Cambodia
since 1985 and is the longest-serving leader in Southeast Asia.
Despite decades of international attention and assistance to
promote a pluralistic, multi-party democratic system in
Cambodia, the Government of Cambodia continues to be
undemocratically dominated by the ruling Cambodia People's
Party (CPP), which controls every agency and security apparatus
of the state.
(2) In 2015, the CPP-controlled parliament passed the ``Law
on Associations and Non-Governmental Organizations'', which
gave the government sweeping powers to revoke the registration
of NGOs that the government believed to be operating with a
political bias in a blatant attempt to restrict the legitimate
work of civil society. On August 23, 2017, Cambodia's Ministry
of Foreign Affairs ordered the closure of the National
Democratic Institute and the expulsion of its foreign staff. On
September 15, 2017, Prime Minister Hun Sen called for the
withdrawal of all volunteers from the United States Peace
Corps, which has operated in Cambodia since 2006 with 500
United States volunteers providing English language and
healthcare training.
(3) The Government of Cambodia has taken several measures
to restrict its media environment, especially through
politicized tax investigations against independent media
outlets that resulted in the closure of The Cambodian Daily and
Radio Free Asia in early September 2017. Additionally, the
Government of Cambodia has ordered several radio stations to
stop the broadcasting of Radio Free Asia and Voice of America
programming.
(4) On September 3, 2017, Kem Sokha, the President of the
Cambodia National Rescue Party (CNRP), was arrested on
politically motivated charges, including treason and conspiring
to overthrow the Government of Cambodia, and faces up to 30
years in prison. The CNRP's previous leader, Sam Rainsy,
remains in exile. On November 16, 2017, Cambodia's Supreme
Court dissolved the CNRP, eliminating the primary opposition
party.
(5) Each of the six elections that have taken place in
Cambodia since 1991 were conducted in circumstances that were
not free and fair, and were marked by fraud, intimidation,
violence, and the government's misuse of legal mechanisms to
weaken opposition candidates and parties.
(6) In the most recent general election in July 2018,
following the dissolution of the CNRP, the CPP secured every
parliamentary seat, an electoral victory that a statement from
the White House Press Secretary stated was ``neither free nor
fair and failed to represent the will of the Cambodian
people''.
(7) The United States is committed to promoting democracy,
human rights, and the rule of law in Cambodia. The United
States continues to urge the Government of Cambodia to
immediately release Mr. Kem Sokha, reinstate the political
status of the CNRP and restore its elected seats in the
National Assembly, and support electoral reform efforts in
Cambodia with free and fair elections monitored by
international observers.
SEC. 3. SANCTIONS RELATING TO UNDERMINING DEMOCRACY IN CAMBODIA.
(a) Designation of Persons Responsible for Undermining Democracy in
Cambodia.--
(1) In general.--Not later than 180 days after the date of
the enactment of this Act, the President shall designate and
transmit to the appropriate congressional committees a list
of--
(A) each senior official of the government,
military, or security forces of Cambodia who the
President determines has directly and substantially
undermined democracy in Cambodia;
(B) each senior official of the government,
military, or security forces of Cambodia who the
President determines has committed or directed serious
human rights violations associated with undermining
democracy in Cambodia; and
(C) entities owned or controlled by senior
officials of the government, military, or security
forces of Cambodia described in subparagraphs (A) and
(B).
(2) Imposition of sanctions.--The President shall impose
the sanctions described in subsection (b) on each foreign
person designated pursuant to paragraph (1).
(3) Updates.--The President shall transmit to the
appropriate congressional committees updated lists under
paragraph (1) as new information becomes available.
(b) Sanctions Described.--The sanctions described in this
subsection are the following:
(1) Asset blocking.--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 foreign person
designated under 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.
(2) Inadmissibility of certain individuals.--
(A) Ineligibility for visas and admission to the
united states.--A foreign person designated under
subsection (a) 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.--A foreign person
designated under subsection (a) is subject to the
following:
(i) Revocation of any visa or other entry
documentation regardless of when the visa or
other entry documentation is or was issued.
(ii) 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 foreign person's possession.
(C) Exception to comply with international
obligations.--Sanctions under this paragraph shall not
apply with respect to a foreign person if admitting or
paroling the person into the United States is necessary
to permit the United States to comply with the
Agreement regarding the Headquarters of the United
Nations, signed at Lake Success June 26, 1947, and
entered into force November 21, 1947, between the
United Nations and the United States, or other
applicable international obligations.
(3) 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 foreign
person that violates, attempts to violate, conspires to
violate, or causes a violation of paragraph (1) to the same
extent that such penalties apply to a person that commits an
unlawful act described in subsection (a) of such section 206.
(c) Implementation.--The President may exercise all authorities
provided under sections 203 and 205 of the International Emergency
Economic Powers Act (50 U.S.C. 1702 and 1704) to carry out this
section.
(d) Waiver.--The President may waive the application of sanctions
described in subsection (b) with respect to a person designated under
subsection (a) if the President determines and certifies to the
appropriate congressional committees that such waiver is in the
national interest of the United States.
(e) 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 man-made substance, material,
supply or manufactured product, including inspection and test
equipment, and excluding technical data.
SEC. 4. SUSPENSION OF SANCTIONS.
(a) Suspension.--The sanctions described in section 3 may be
suspended for up to 1-year upon certification by the President to the
appropriate congressional committees that Cambodia is making meaningful
progress toward the following:
(1) Ending government efforts to undermine democracy.
(2) Ending human rights violations associated with
undermining democracy.
(3) Conducting free and fair elections which allow for the
active participation of credible opposition candidates.
(b) Renewal of Suspension.--The suspension described in subsection
(a) may be renewed for additional, consecutive-day periods if the
President certifies to the appropriate congressional committees that
Cambodia is continuing to make meaningful progress towards satisfying
the conditions described in such subsection during the previous year.
SEC. 5. DETERMINATION OF BUDGETARY EFFECTS.
The budgetary effects of this Act, for the purpose of complying
with the Statutory Pay-As-You-Go Act of 2010, shall be determined by
reference to the latest statement titled ``Budgetary Effects of PAYGO
Legislation'' for this Act, submitted for printing in the Congressional
Record by the Chairman of the House Budget Committee, provided that
such statement has been submitted prior to the vote on passage.
SEC. 6. SUNSET.
This Act shall terminate on the date that is 5 years after the date
of the enactment of this Act.
SEC. 7. DEFINITIONS.
In this Act:
(1) Appropriate congressional committees.--The term
``appropriate congressional committees'' means the Committee on
Foreign Affairs and the Committee on Financial Services of the
House of Representatives, and the Committee on Foreign
Relations and the Committee on Banking, Housing, and Urban
Affairs of the Senate.
(2) Person.--
(A) In general.--The term ``person'' means--
(i) a natural person; or
(ii) a corporation, business association,
partnership, society, trust, financial
institution, insurer, underwriter, guarantor,
and any other business organization, any other
nongovernmental entity, organization, or group,
and any governmental entity operating as a
business enterprise or any successor to any
entity described in this clause.
(B) Application to governmental entities.--The term
``person'' does not include a government or
governmental entity that is not operating as a business
enterprise.
(3) 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 of any jurisdiction of the United
States, including a foreign branch of such an entity.
Passed the House of Representatives July 15, 2019.
Attest:
CHERYL L. JOHNSON,
Clerk.