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H.R. 8069IntroducedHouse · nowSenatePresidentLawIn committee
Sec. 104 · H.R. 8069

Imposition of sanctions with respect to critical undersea infrastructure sabotage

Title I — International coordination and engagement on critical undersea infrastructure

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(a) In general The President, in coordination with the Secretary of State and the Secretary of the Treasury, shall impose the sanctions described in subsection (c) with respect to any foreign person that the President determines, on or after the date of the enactment of this Act, is responsible for acts of sabotage or facilitates acts of sabotage against critical undersea infrastructure, including— (1) any foreign vessel or entity the owner or operator of which knowingly— (A) commits acts of sabotage; or (B) conducts preparatory surveillance, logistical support, security, or other services that facilitate or enable an act of sabotage; and (2) any foreign person that the President determines knowingly— (A) owns, operates, or manages the vessel or entity described in paragraph (1); (B) provides underwriting services or insurance or reinsurance necessary for such a vessel or entity; (C) facilitates deceptive or structured transactions to support a vessel or entity described in paragraph (1); (D) provides port or logistics services or facilities for technology upgrades or installation of equipment for, or retrofitting or tethering of, a vessel described in paragraph (1) for the purpose of evading sanctions; (E) provided documentation, registration, or flagging services for a vessel described in paragraph (1) for the purpose of evading sanctions; or (F) serves as a captain, principal officer, or senior leadership of such a vessel or entity. (b) Report required Not later than 15 days after imposing sanctions with respect to a foreign person under subsection (a), the President shall submit to the appropriate congressional committees, the Committee on Banking, Housing, and Urban Affairs of the Senate, and the Committee on Financial Services of the House of Representatives, a report that includes a detailed justification for the imposition of the sanctions. (c) Sanctions described The sanctions described in this subsection are the following: (1) Blocking of property The President shall exercise all of the powers granted 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 all property and interests in property of a foreign person 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. (2) Ineligibility for visas, admission, or parole (A) Visas, admission, or parole An alien described in subsection (a) shall be— (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 alien described in subsection (a) 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 the alien. (d) Implementation; penalties (1) 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. (2) Penalties A person that violates, attempts to violate, conspires to violate, or causes a violation of this section or any regulation, license, or order issued to carry out this section 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. (e) Exceptions (1) Exception to comply with United Nations Headquarters Agreement and law enforcement activities Sanctions under this section shall not apply with respect to the admission or parole of an alien to the United States if admitting or paroling the alien is necessary— (A) 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 of the United States; or (B) to carry out or assist authorized law enforcement activity in the United States. (2) Exception to comply with intelligence activities Sanctions under this section shall not apply to any activity 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. (3) Exception relating to importation of goods (A) In general A requirement to block and prohibit all transactions in all property and interests in property under this section shall not include the authority or requirement to impose sanctions on the importation of goods. (B) Good defined In this paragraph, the term good means any article, natural or manmade substance, material, supply or manufactured product, including inspection and test equipment, and excluding technical data. (f) Definitions In this section: (1) Admission; admitted; alien The terms admission, admitted, and alien have the meanings given those terms in section 101 of the Immigration and Nationality Act (8 U.S.C. 1101). (2) Foreign person The term foreign person means an individual or entity that is not a United States person. (3) United States person The term United States person means— (A) any United States citizen or an alien lawfully admitted for permanent residence to the United States; (B) an entity organized under the laws of the United States or of any jurisdiction within the United States, including any foreign branch of such an entity; or (C) any person in the United States. (g) National security interests waiver The President may waive the application of sanctions under this section if, before issuing the waiver, the President submits to the appropriate congressional committees— (1) a certification in writing that the issuance of the waiver is in the national security interests of the United States; and (2) a report explaining the basis for the certification.

Sec. 104: Imposition of sanctions with respect to critical undersea infrastructure sabotage · Public Law Tracker