What is HR 6600 from USA ? Is it Good or bad for Ethiopia?

[Congressional Bills 117th Congress]

[From the U.S. Government Publishing Office] [H.R. 6600 Introduced in House (IH)]

117th CONGRESS

2d Session

  1. R. 6600

 

To support stabilization, peace, and democracy efforts in Ethiopia.

 

 

____________________________________________________________

 

                    IN THE HOUSE OF REPRESENTATIVES

 

February 4, 2022

 

Mr. Malinowski (for himself, Mrs. Kim of California, Mr. Meeks, and Mr.

McCaul) introduced the following bill; which was referred to the

Committee on Foreign Affairs, and in addition to the Committees on the

Judiciary, Financial Services, and Armed Services, for a period to be

subsequently determined by the Speaker, in each case for consideration

of such provisions as fall within the jurisdiction of the committee

concerned

 

_______________________________________________________________________

 

     A BILL

 

 

To support stabilization, peace, and democracy efforts in Ethiopia.

 

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 “Ethiopia Stabilization, Peace, and

Democracy Act”.

 

SEC. 2. STATEMENT OF POLICY.

 

It is the policy of the United States–

(1) to support efforts to end the civil war and other

conflicts in Ethiopia and gross violations of internationally

recognized human rights, war crimes, crimes against humanity,

genocide, and other atrocities in Ethiopia;

(2) to use all diplomatic, development, and legal tools to

stabilize and end violence in Ethiopia;

(3) to support efforts to hold accountable those who

committed gross violations of internationally recognized human

rights, war crimes, crimes against humanity, genocide, and

other atrocities in Ethiopia; and

(4) to promote an inclusive national dialogue in order to

bring about a peaceful, democratic, and unified Ethiopia.

 

SEC. 3. STRATEGY TO SUPPORT STABILIZATION EFFORTS, HUMAN RIGHTS, AND

DEMOCRACY.

 

(a) In General.–The Secretary of State, in coordination with the

Administrator of the United States Agency for International

Development, the Secretary of the Treasury, and the heads of other

relevant Federal departments and agencies, shall develop a strategy to

support efforts to end the civil war and other conflicts in Ethiopia,

pursue accountability for gross violations of internationally

recognized human rights, war crimes, crimes against humanity, genocide,

and other atrocities in Ethiopia, and promote democracy, human rights,

and reconciliation in Ethiopia.

(b) Elements.–The strategy required by subsection (a) shall

include a plan to implement the strategy, including to–

(1) advance diplomatic engagement with the United Nations,

the African Union, the European Union, and other regional

bodies, countries, and international partners;

(2) address acute humanitarian needs, ensure unfettered

humanitarian access to and support for vulnerable populations,

including refugees, internally displaced persons, vulnerable

populations, and individuals forcibly displaced by the civil

war and other conflicts in Ethiopia;

(3) identify and deter external material support provided

to any parties to the conflict for the purposes of perpetuating

or affecting the civil war and other conflicts in Ethiopia;

(4) support justice and accountability for gross violations

of internationally recognized human rights, crimes against

humanity, genocide, war crimes, and atrocities committed in

Ethiopia and to enhance rule of law;

(5) ensure the safety and security of United States Embassy

staff and United States citizens and legal permanent residents

in Ethiopia, including contingency plans to evacuate, as

needed, these individuals from Ethiopia;

(6) combat hate speech and disinformation in Ethiopia,

including efforts to coordinate with social media companies to

mitigate the effects of social media content generated outside

of the United States focused on perpetuating the civil war and

other conflicts in Ethiopia, including through hate speech and

language inciting violence;

(7) meaningfully engage civil society of all ethnicities,

including women and youth, in conflict resolution, inclusive

dialogue, reconciliation, and community-based efforts to

support peacebuilding and an end to violence in Ethiopia;

(8) support conflict resolution and psychosocial

rehabilitation for populations in Ethiopia affected by the

civil war and other conflicts in Ethiopia, including an

analysis of the drivers of the civil war and other conflicts in

Ethiopia;

(9) as appropriate, support efforts to restore medical and

other health-related infrastructure that was damaged or

destroyed during the course of the civil war in Ethiopia;

(10) develop, communicate, and assess clearly defined

benchmarks and metrics required to resume certain assistance in

Ethiopia, including related to democracy and governance,

economic growth, and development and an analysis of the drivers

of the civil war and other conflicts in Ethiopia; and

(11) address threats, due to ethnicity, religion, political

or geographic affiliations, or affiliation with the United

States, against Ethiopian citizens working for United States

Government agencies in Ethiopia.

(c) Report.–Not later than 180 days after the date of the

enactment of this Act, the Secretary of State shall submit to the

appropriate congressional committees a report that contains the

strategy required by subsection (a).

(d) Report on Progress Towards Accountability.–Not later than 180

days after the date of the enactment of this Act, and every 180 days

thereafter for 5 years, the Secretary of State shall submit to the

appropriate congressional committees a report on progress towards

holding individuals accountable for gross violations of internationally

recognized human rights, war crimes, crimes against humanity, genocide,

and other atrocities.

 

SEC. 4. ACTIONS IN SUPPORT OF PEACE, STABILITY, AND ACCOUNTABILITY.

 

(a) Bilateral Sanctions.–

(1) In general.–The President shall impose the sanctions

described in paragraph (2) with respect to any foreign person

that the President determines–

(A) has undermined, attempted to undermine, or

seeks to undermine efforts with respect to a cease-fire

and negotiated settlement to end the civil war or other

conflicts in Ethiopia;

(B) is responsible for or complicit in actions or

policies that expanded or extended the civil war or

other conflicts in Ethiopia;

(C) has committed gross violations of

internationally recognized human rights, war crimes,

crimes against humanity, genocide, or other atrocities

in Ethiopia;

(D) has obstructed, delayed, or diverted, or seeks

to obstruct, delay, or divert, the provision of

humanitarian assistance for those affected by the civil

war or other conflicts in Ethiopia;

(E) has planned, directed, or committed attacks in

Ethiopia against United Nations and African Union,

humanitarian, or nongovernmental organization

personnel; and

(F) has–

(i) knowingly engaged in or materially

contributed to the civil war or other conflicts

in Ethiopia;

(ii) provided to any party involved in the

civil war or other conflicts in Ethiopia

conventional weapons that fall within the scope

of conventional weapons under the United

National Register of Conventional Arms; or

(iii) provided to any party involved in the

civil war or other conflicts in Ethiopia any

technical training, financial resources or

services, advice, other services or assistance

related to the supply, sale, transfer,

manufacture, maintenance, or use of arms, spare

parts, and related materiel described in

paragraph (1), utilized for the purposes of

perpetuating and expanding the civil war or

other conflicts in Ethiopia.

(2) Sanctions described.–The sanctions to be imposed under

paragraph (1) with respect to a foreign person are the

following:

(A) Blocking of property.–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 all property and interests in property

of the foreign person 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) Aliens inadmissible for visas, admission, or

parole.–

(i) Visas, admission, or parole.–An alien

described in paragraph (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.).

(ii) Current visas revoked.–

(I) In general.–The visa or other

entry documentation of an alien

described in paragraph (1) shall be

revoked, regardless of when such visa

or other entry documentation is or was

issued.

(II) Immediate effect.–A

revocation under subclause (I) shall–

(aa) take effect

immediately; and

(bb) automatically cancel

any other valid visa or entry

documentation that is in the

alien’s possession.

(3) Exceptions.–

(A) Exception relating to importation of goods.–

(i) In general.–The authority or a

requirement to impose sanctions under this

section shall not include the authority or a

requirement to impose sanctions on the

importation of goods.

(ii) Good defined.–In this subparagraph,

the term “good” means any article, natural or

manmade substance, material, supply, or

manufactured product, including inspection and

test equipment, and excluding technical data.

(B) Exception to comply with agreements related to

the official activities of certain international

organizations and other international entities and law

enforcement objectives.–Sanctions under paragraph

(2)(B) shall not apply to an alien if admitting the

alien into the United States–

(i) is necessary to permit the United

States to comply with agreements between the

United Nations and the United States, between

the United States and certain other

international organizations or entities, or

other applicable international obligations of

the United States, as identified by the

Secretary of State, the Secretary of the

Treasury, or the heads of other appropriate

Federal departments and agencies; or

(ii) would further important law

enforcement objectives.

(4) Implementation; penalties.–

(A) 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 subsection.

(B) Penalties relating to blocking of property.–A

person that violates, attempts to violate, conspires to

violate, or causes a violation of subsection or any

regulation, license, or order issued to carry out this

subsection 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.

(C) Termination.–Sanctions imposed on a person

under paragraph (2) shall not apply on or after the

date that is 30 days after the Secretary of State

determines and certifies to the appropriate committees

that the person no longer engages in activities

described in paragraph (1).

(D) Suspension of sanctions.–

(i) In general.–The President may suspend

in whole or in part the imposition of sanctions

otherwise required under this subsection for

periods not to exceed 90 days if the President

determines that the parties to the civil war

and other conflicts in Ethiopia have agreed to

and are upholding a cease-fire and undergoing

an inclusive political dialogue in Ethiopia.

(ii) Notification required.–Not later than

30 days after the date on which the President

makes a determination to suspend the imposition

of sanctions as described in clause (i), the

President shall submit to the appropriate

congressional committees a notification of the

determination.

(iii) Reimposition of sanctions.–Any

sanctions suspended under clause (i) shall be

reimposed if the President determines that the

criteria described in that clause are no longer

being met.

(E) Waiver.–The President may waive the

application of sanctions described in paragraph (2)

with respect to a person described in paragraph (1) if

the President determines and certifies to the

appropriate congressional committees that such waiver

is in the national interest of the United States.

(F) Exception to comply with national security.–

The following activities shall be exempt from sanctions

under this subsection:

(i) Activities subject to the reporting

requirements under title V of the National

Security Act of 1947 (50 U.S.C. 3091 et seq.).

(ii) Any authorized intelligence or law

enforcement activities of the United States.

(5) Definitions.–In this subsection:

(A) 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).

(B) Foreign person.–The term “foreign person”

means a person that is not a United States person.

(C) 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.

(D) United states person.–The term “United States

person” means–

(i) a United States citizen, an alien

lawfully admitted for permanent residence to

the United States, or any other individual

subject to the jurisdiction of the United

States; or

(ii) an entity organized under the laws of

the United States or of any jurisdiction within

the United States, including a foreign branch

of such entity.

(b) Multilateral Sanctions.–The Secretary of State, in

consultation with the Secretary of the Treasury and the Secretary of

Commerce, as appropriate, should seek to engage with other member

countries of the United Nations Security Council, other member

countries of the North Atlantic Treaty Organization, the European

Union, the African Union, and any other relevant actors to achieve a

coordinated imposition of multilateral sanctions and export controls on

persons described in subsection (a)(1).

(c) Limitations on Export of Defense and Dual-Use Items.–

(1) Dual-use items.–The Secretary of Commerce, in

coordination with the Secretary of State, shall determine

whether licenses should be required under section 1754(c)(1)(A)

of the Export Control Reform Act of 2018 (50 U.S.C.

4813(c)(1)(A)) for the export, reexport, or in-country transfer

to Ethiopia or Eritrea of items described in clause (ii) of

that section.

(2) Defense items.–No license may be issued for the export

to Ethiopia or Eritrea of any item on the United States

Munitions List under section 38(a)(1) of the Arms Export

Control Act (22 U.S.C. 2778(a)(1)).

 

SEC. 5. LIMITATION ON SECURITY ASSISTANCE.

 

(a) In General.–Beginning on the date of the enactment of this

Act, all amounts authorized to be appropriated or otherwise made

available by the Foreign Assistance Act of 1961 (22 U.S.C. 2151 et

seq.) or chapter 16 of title 10, United States Code, and made available

to provide assistance to Ethiopia’s security forces shall be suspended

from obligation and expenditure until the date that is 30 days after

the Secretary of State determines and certifies to the appropriate

congressional committees that the conditions described in subsection

(b) are met.

(b) Conditions Described.–The conditions described in this

subsection are the following:

(1) The Government of Ethiopia has ceased all offensive

military operations associated with the civil war and other

conflicts in Ethiopia.

(2) The Government of Ethiopia has taken steps toward

negotiations and a legitimate, inclusive national dialogue.

(3) The Government of Ethiopia has implemented measures to

better protect human rights and ensure adherence to

international humanitarian law.

(4) The Government of Ethiopia has continuously allowed

unfettered humanitarian access.

(5) The Government of Ethiopia has cooperated with

independent investigations of credible allegations of war

crimes, crimes against humanity, and other human rights abuse

carried out in the course of the civil war and other conflicts

in Ethiopia.

(c) Exception.–The suspension of amounts under subsection (a)

shall not include amounts authorized to be appropriated or otherwise

made available for law enforcement, border security, including land,

sea, and air ports of entry, or other activities conducted in

coordination with the Government of Ethiopia that are in support of

United States national security objectives.

(d) Report.–Not later than 15 days after the date of the enactment

of this Act, the Secretary of State shall submit to the appropriate

congressional committees a comprehensive list of all assistance

suspended in compliance with the limitation on assistance required by

subsection (a) as of the date of the enactment of this Act.

(e) Waiver.–The President may, subject to congressional

notification requirements under other applicable provisions of law,

waive the limitation on assistance required by subsection (a), if the

President–

(1) determines that the waiver is in the national interest

of the United States; and

(2) submits to the appropriate congressional committees a

notice of and justification for the waiver not later than 15

days after the exercise of the waiver, including an explanation

as to why the waiver is in the national interest of the United

States.

 

SEC. 6. LIMITATION ON ASSISTANCE PROVIDED THROUGH INTERNATIONAL

FINANCIAL INSTITUTIONS.

 

(a) Restrictions.–The Secretary of the Treasury shall instruct the

United States Executive Director at each international financial

institution–

(1) to use the voice and vote of the United States in the

respective institution to oppose any loan or extension of

financial or technical assistance to the Governments of

Ethiopia and Eritrea; and

(2) to work with other key donor countries to develop a

coordinated policy with respect to lending to the Government of

Ethiopia and the Government of the State of Eritrea aimed at

advancing human rights and promoting peace.

(b) Exception for Humanitarian Purposes.–Paragraphs (1) and (2) of

subsection (a) shall not apply with respect to any loan or financial or

technical assistance provided for humanitarian purposes, including

efforts to prevent, detect, and respond to the COVID-19 pandemic, or

any other infectious disease threat that is declared by the World

Health Organization to be a Public Health Emergency of International

Concern.

(c) Waiver for Projects That Directly Support Basic Human Needs.–

The Secretary of the Treasury may waive the application of subsection

(a)(1) if the Secretary of the Treasury has submitted to the

appropriate congressional committees a written determination, arrived

at with the concurrence of the Secretary of State, that the waiver is

being exercised to support projects that directly support basic human

needs.

(d) Termination.–Subsection (a)(1) shall not apply on or after the

date that is 30 days after the Secretary of State determines and

certifies to the appropriate congressional committees that the

Government of Ethiopia and the Government of the State of Eritrea

have–

(1) ceased all offensive military operations associated

with the civil war and other conflicts in Ethiopia;

(2) taken steps towards negotiations and an inclusive,

legitimate national dialogue;

(3) continuously allowed unfettered humanitarian access;

and

(4) cooperated with independent investigations of credible

allegations of war crimes, crimes against humanity, and other

human rights abuses carried out in the course of the civil war

and other conflicts in Ethiopia.

(e) Definition of International Financial Institution.–In this

section, the term “international financial institution” means the

International Monetary Fund, International Bank for Reconstruction and

Development, European Bank for Reconstruction and Development,

International Development Association, International Finance

Corporation, Multilateral Investment Guarantee Agency, African

Development Bank, African Development Fund, Asian Development Bank,

Inter-American Development Bank, Bank for Economic Cooperation and

Development in the Middle East and North Africa, and Inter-American

Investment Corporation.

 

SEC. 7. LIMITATION ON SUPPORT PROVIDED BY UNITED STATES INTERNATIONAL

DEVELOPMENT FINANCE CORPORATION.

 

(a) In General.–The United States International Development

Finance Corporation may not provide support under title II of the

Better Utilization of Investments Leading to Development Act of 2018

(22 U.S.C. 9621 et seq.) for projects in Ethiopia.

(b) Termination.–The prohibition under subsection (a) shall not

apply on or after the date that is 30 days after the Secretary of State

determines and certifies to the appropriate congressional committees

that the Government of Ethiopia has–

(1) ceased all offensive military operations related to the

civil war and other conflicts in Ethiopia;

(2) taken steps toward negotiations and a legitimate,

inclusive political dialogue;

(3) continuously allowed unfettered humanitarian access;

and

(4) cooperated with independent investigations of credible

allegations of gross violations of internationally recognized

human rights, war crimes, crimes against humanity, and

genocide, carried out in the course of the civil war and other

conflicts in Ethiopia.

(c) Waiver.–The President may waive the prohibition under

subsection (a) if the President–

(1) determines that it is in the United States national

security interest; and

(2) submits to the appropriate congressional committees a

report on the use of the waiver not later than 15 days after

the exercise of the waiver, including an explanation as to why

the waiver is in the national interests of the United States.

 

SEC. 8. SUPPORT FOR ACCOUNTABILITY.

 

(a) In General.–The President is authorized to provide financial,

technical, and diplomatic support for efforts and activities necessary

to preserve evidence of atrocities in Ethiopia and to pursue

accountability for gross violations of internationally recognized human

rights, war crimes, crimes against humanity, and genocide, as well as

any violations of international humanitarian law, that have taken place

in the course of the civil war and other conflicts in Ethiopia.

(b) Provision of Information.–The President is authorized to share

information possessed by the United States Government with

organizations engaged in credible investigations meant to lead to the

prosecution of any individual credibly accused of gross violations of

internationally recognized human rights, war crimes, crimes against

humanity, genocide, and other atrocities in Ethiopia in accordance with

this section.

 

SEC. 9. REPORT.

 

(a) In General.–Not later than 180 days after the date of the

enactment of this Act, the Secretary of State, in consultation with the

Secretary of the Treasury, shall submit to the appropriate

congressional committees a report that–

(1) describes the actions and involvement of senior

officials of the Government of Ethiopia, the Government of

Eritrea, the Tigrayan Peoples Liberation Front, and armed

opposition groups or associated forces engaged in–

(A) directing, carrying out, or ordering gross

violations of internationally recognized human rights,

war crimes, crimes against humanity, genocide, and

other atrocities in Ethiopia; and

(B) directing, carrying out, or ordering targeting

of civilians, civilian infrastructure, medical

facilities or the use or recruitment of children by

armed groups or armed forces in Ethiopia;

(2) describes the actions and involvement of any external

actors, including in the People’s Republic of China, Iran, the

United Arab Emirates, Russia, Egypt, Sudan, and Turkey, engaged

in, facilitating, or financing the sale or transfers of arms or

weapons to any party to the civil war or other conflicts in

Ethiopia;

(3) identifies foreign financial institutions in which

senior officials described in paragraph (1) or external actors

described in paragraph (2) hold significant assets, and

provides an assessment of the value of such assets; and

(4) identifies foreign financial institutions that

knowingly facilitate or finance the sale or transfer of

weapons, arms, or non-lethal equipment intended or altered by a

third party for military use to any party to the civil war or

other conflicts in Ethiopia.

(b) Form.–The report required by subsection (a) shall be submitted

in unclassified form, but may contain a classified annex.

 

SEC. 10. DETERMINATION OF GENOCIDE, WAR CRIMES, OR CRIMES AGAINST

HUMANITY.

 

(a) In General.–Not later than 90 days after the date of the

enactment of this Act, the Secretary of State, in consultation with the

heads of other Federal departments and agencies represented on the

Atrocity Early Warning Task Force and representatives of human rights

organizations, shall submit to the appropriate congressional committees

a determination whether actions in Ethiopia by the armed forces of

Ethiopia, the armed forces of Eritrea, the Tigrayan Peoples Liberation

Front, or associated forces or armed actors constitute genocide (as

defined in section 1091 of title 18, United States Code), war crimes,

or crimes against humanity.

(b) Form.–The determination required under subsection (a) shall be

submitted in unclassified form and published on a publicly available

website of the Department of State, but may include a classified annex

if such annex is provided separately from the unclassified

determination.

 

SEC. 11. DEFINITIONS.

 

In this Act:

(1) Appropriate congressional committees.–The term

“appropriate congressional committees” means–

(A) the Committee on Foreign Affairs and the

Committee on Appropriations of the House of

Representatives; and

(B) the Committee on Foreign Relations and the

Committee on Appropriations of the Senate.

(2) Gross violations of internationally recognized human

rights.–The term “gross violations of internationally

recognized human rights” includes torture or cruel, inhuman,

or degrading treatment or punishment, prolonged detention

without charges and trial, causing the disappearance of persons

by the abduction and clandestine detention of those persons,

and other flagrant denial of the right to life, liberty, or the

security of persons.

SEC. 12. SUNSET.

This Act, and any sanctions imposed pursuant to this Act, shall

cease to be effective beginning on the date that is 10 years after the

date of the enactment of this Act.

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