,i #aadth ,,congress #ast ,session ,h4 ,r4 #dbfd ,,in ,,the ,,house ,,of ,,representatives ,december #af1 #bjae ,mr4 ,smith of ,new ,jersey introduced the following bill2 which was referred to the ,committee on ,foreign ,affairs1 and in addition to the ,committees on the ,judiciary and ,financial ,services1 for a period to be subsequently determined by the ,speaker1 in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned ,a ,,bill ,to promote ,united ,states national security and foreign policy objectives through consolidation and strengthening of the rule of law and respect for human rights in the ,republic of ,azerbaijan4 #a4 ,short title ,this ,act may be cited as the ,azerbaijan ,democracy ,act of #bjae4 #b4 ,findings ,congress makes the following findings3 7#a7 ,the ,united ,states and the ,republic of ,azerbaijan have many areas of mutual interest and cooperation1 but the ,united ,states ability to more fully cooperate with ,azerbaijan has been severely hindered by the ,government of ,azerbaijan's gross violations of human rights and fundamental freedoms1 including violations of basic principles of democratic governance1 standards to which ,azerbaijan has committed itself to adhere as a participating ,state in the ,organization for ,security and ,cooperation in ,europe 7,,osce7 and other multilateral institutions4 7#b7 ,on ,december #e1 #bjad1 the ,government of ,azerbaijan arrested investigative reporter ,khadija ,ismayilova1 who also was a radio host on ,radio ,free_/,radio ,liberty 7,,rfe_/,,rl74 ,the charge against her was incitement to suicide1 and she was held in pretrial detention and not allowed out on bail4 ,on ,december #bf1 #bjad1 the ,government of ,azerbaijan raided the ,baku ,office of ,,rfe_/,,rl and closed its operations4 ,over the course of a year in pretrial detention1 the original charges against ,ms4 ,ismayilova were dropped after government-called witnesses refused to cooperate with the case4 ,however1 ,ms4 ,ismayilova remained in detention and the ,government of ,azerbaijan subsequently charged her with embezzlement1 illegal entrepreneurship1 tax evasion1 and abuse of power4 ,she was convicted and is now serving a #ga_/b-year sentence in prison4 ,the ,,rfe_/,,rl ,baku ,bureau has not been allowed to reopen4 7#c7 ,according to the ,united ,states ,state ,department report for #bjad1 the ,government of ,azerbaijan did not respect its own laws on freedom of speech and press censorship4 ,the report said1 ,the government continued to limit freedom of speech and media independence4 ,journalists faced intimidation and at times were beaten and imprisoned44 7#d7 ,the ,committee to ,protect ,journalists stated that ,azerbaijan is the leading jailer of journalists in ,europe and ,central ,asia1 and is the fifth most censored country in the world4 7#e7 ,as an ,,osce participating ,state1 the ,government of ,azerbaijan has committed itself to work toward a standard of free and fair elections4 ,since its independence in #aiib1 no election held in ,azerbaijan has met the minimum requirements as outlined by the ,,osce4 ,elections for ,president and for the ,parliament have shown a pattern of disregard for the conduct of democratic elections and have been marred by the arbitrary use of state power1 disregard for the basic rights of freedom of assembly1 association1 and expression4 ,the conduct of the elections demonstrates the unwillingness of authorities in ,azerbaijan to tolerate political competition4 7#f7 ,according to the ,united ,states ,department of ,state's ,country ,reports on ,human ,rights ,practices for #bjad1 ,azerbaijan has used ''' the judicial system to punish peaceful dissent--including increased reports of arbitrary arrest and detention1 politically motivated imprisonment1 lack of due process1 and lengthy pretrial detention--by secular and religious individuals perceived as a threat by government officials1 while crimes against such individuals or their family members went unpunished44 7#g7 ,according to the #bjae report on religious freedom by the ,united ,states ,commission on ,international ,religious ,freedom 7,,uscirf71 ,despite societal religious tolerance in ,azerbaijan1 governmental respect for religious freedom continued to deteriorate in #bjad44 ,the report details the ,government's use of the #bjji religion law to limit religious freedom and to justify fines1 police raids1 detentions1 and imprisonment44 ,there are #dd names on the list of religious prisoners published by ,,uscirf4 7#h7 ,,uscirf cited poor conditions for religious minorities in ,azerbaijan1 reporting that most ,protestant denominations do not have legal status1 including ,baptists1 ,seventh-day ,adventists1 and ,pentecostals1 as well as ,jehovah's ,witnesses44 7#i7 ,the ,government of ,azerbaijan has further attempted to silence dissent through retribution against the political opposition1 journalists1 independent ,n,g,os1 and their family members1 through physical threats and beatings1 dismissal from employment1 travel restrictions and other forms of intimidation4 7#aj7 ,those jailed opposition candidates and activists have been treated harshly in pretrial detention and in prison1 including physical beatings1 denied access to family1 defense counsel1 medical treatment1 and open legal proceedings4 #c4 ,statement of policy ,it is the policy of the ,united ,states-- 7#a7 to secure ,united ,states national security and economic interests in the region through promotion of a stable and democratic government in ,azerbaijan2 7#b7 to call for the immediate release without preconditions of all political prisoners in ,azerbaijan2 7#c7 to support the aspirations of the people of ,azerbaijan for democracy1 internationally recognized human rights1 and the rule of law2 7#d7 to support the growth of the rule of law and democratic institutions in ,azerbaijan2 7#e7 to work closely with other countries and international organizations1 including the ,,osce1 to bring ,azerbaijan in compliance with its multilateral commitments2 and 7#f7 reassess ,united ,states policy toward the ,government of ,azerbaijan reevaluating ,united ,states policy toward ,azerbaijan as warranted by demonstrable progress made by the ,government of ,azerbaijan consistent with the policy of the ,united ,states as stated in this section4 #d4 ,denial of entry into the ,united ,states of senior leadership of the ,government of ,azerbaijan and others 7a7 ,denial of entry ,notwithstanding any other provision of law1 the ,secretary of ,state may not issue any visa to1 and the ,secretary of ,homeland ,security shall deny entry to the ,united ,states of1 any alien described in subsection 7c74 7b7 ,current visas revoked ,notwithstanding any other provision of law1 the ,secretary of ,state shall revoke1 in accordance with section #bba7;i7 of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #abja7;i771 the visa or other documentation of any alien who would be ineligible to receive such a visa or documentation under subsection 7a74 7c7 ,aliens described ,an alien described in this subsection is any alien who-- 7#a7 holds a position in the senior leadership of the ,government of ,azerbaijan2 7#b7 is an immediate family member of a person described in paragraph 7#a72 7#c7 through his or her business dealings with senior leadership of the ,government of ,azerbaijan derives significant financial benefit from policies or actions1 including electoral fraud1 human rights abuses1 or corruption1 that undermine or injure democratic institutions or impede the transition to democracy in ,azerbaijan2 and 7#d7 is a member of any branch of the security1 judicial1 or law enforcement services of ,azerbaijan and has participated in the persecution or harassment of independent media or journalists1 human rights defenders1 opposition groups1 or religious groups4 7d7 ,exception ,the requirements under subsections 7a7 and 7b7 shall not apply with respect to an alien who is an official of the ,government of ,azerbaijan and who is seeking entry into the ,united ,states for the purpose of participation in talks related to resolution of the ,nagorno ,karabakh conflict under the auspices of the ,,osce ,minsk ,group4 #e4 ,sense of ,congress on sanctions against the ,government of ,azerbaijan and senior leadership of the ,government of ,azerbaijan and others 7a7 ,prohibition on loans and investment 7#a7 ,united states government financing ,it is the sense of ,congress that no loan1 credit guarantee1 insurance1 financing1 or other similar financial assistance be extended by any agency of the ,government of the ,united ,states 7including the ,export-,import ,bank of the ,united ,states and the ,overseas ,private ,investment ,corporation7 to the ,government of ,azerbaijan1 except with respect to the provision of humanitarian goods and agricultural or medical products4 7#b7 ,trade and development agency ,it is the sense of ,congress that no funds available to the ,trade and ,development ,agency should be available for activities of the ,agency in or for ,azerbaijan4 7b7 ,multilateral financial assistance ,the ,secretary of the ,treasury should instruct the ,united ,states ,executive ,director at each international financial institution of which the ,united ,states is a member to use the voice and vote of the ,united ,states to oppose any extension by those institutions of any financial assistance 7including any technical assistance or grant7 of any kind to the ,government of ,azerbaijan1 except for loans and assistance that serve humanitarian needs4 7c7 ,blocking of assets and other prohibited activities 7#a7 ,blocking of assets ,it is the sense of ,congress that the ,president should block all property and interests in property1 including all commercial1 industrial1 or public utility undertakings or entities1 that1 on or after the date of the enactment of this ,act-- 7,a7 are owned1 in whole or in part1 by any member of the senior leadership of the ,government of ,azerbaijan1 or by any member or family member closely linked to any member of the senior leadership of the ,government of ,azerbaijan1 or any person who through his or her business dealings with the senior leadership of the ,government of ,azerbaijan derives significant financial benefit from policies or actions1 including electoral fraud1 human rights abuses1 or corruption1 that undermine or injure democratic institutions or impede the transition to democracy in ,azerbaijan2 and 7,b7 are in the ,united ,states1 that hereafter come within the ,united ,states1 or that are or hereafter come within the possession or control of any ,united ,states person4 7#b7 ,prohibited activities ,activities prohibited by reason of the blocking of property and interests in property under paragraph 7#a7 should include payments or transfers of any property1 or any transactions involving the transfer of anything of economic value by any ,united ,states person to any person described in subparagraph 7,a7 of such paragraph4 7#c7 ,payment of expenses ,all expenses incident to the blocking and maintenance of property blocked under paragraph 7#a7 should be charged to the owners or operators of such property4 ,such expenses may not be paid from blocked funds4 7#d7 ,rule of construction ,nothing in this subsection should be construed to prohibit any contract or other financial transaction with any private or nongovernmental organization or business in ,azerbaijan4 7#e7 ,exceptions ,paragraphs 7#a7 and 7#b7 should not apply with respect to the provision of medicine1 medical equipment or supplies1 food1 as well as any other form of humanitarian assistance provided to ,azerbaijan as relief in response to a humanitarian crisis4 7#f7 ,penalties ,any person who violates any prohibition or restriction imposed under this subsection should be subject to the penalties under section #bjf of the ,international ,emergency ,economic ,powers ,act 7#ej ,u4,s4,c4 #agje7 to the same extent as for a violation under that ,act4 #f4 ,termination of sanctions ,the sanctions described in section #d shall apply with respect to an alien described in that section1 and the sanctions described in section #e should apply with respect to the ,government of ,azerbaijan1 the senior leadership of the ,government of ,azerbaijan1 and any other person described in section #e1 until the ,president determines and certifies to the appropriate congressional committees that the ,government of ,azerbaijan has made significant progress in meeting the following conditions3 7#a7 ,the release of individuals in ,azerbaijan who have been jailed based on political or religious beliefs or expression4 7#b7 ,the cessation of all forms of harassment and repression against the independent media1 nongovernmental organizations1 youth groups1 religious organizations 7including their leadership and members71 and the political opposition in ,azerbaijan4 7#c7 ,progress toward free1 fair and transparent elections and the rule of law consistent with ,,osce commitments4 #g4 ,multilateral cooperation ,it is the sense of ,congress that the ,president should continue to seek the support of other countries1 particularly ,european countries1 for a comprehensive1 multilateral strategy to further the purposes of this ,act1 including1 as appropriate1 encouraging other countries to take measures with respect to the ,republic of ,azerbaijan that are similar to measures described in this ,act4 #h4 ,report 7a7 ,report ,not later than #ij days after the date of the enactment of this ,act1 and annually thereafter1 the ,president shall submit to the appropriate congressional committees a report that describes1 with respect to the preceding #ab-month period and to the extent practicable1 the following3 7#a7 ,the cooperation of the ,government of ,azerbaijan with any foreign government or organization for purposes related to the censorship or surveillance of the ,internet1 or the purchase or receipt by the ,government of ,azerbaijan of any technology or training from any foreign government or organization for purposes related to the censorship or surveillance of the ,internet4 7#b7 ,the personal assets and wealth of ,president ,ilham ,aliyev and other senior leadership of the ,government of ,azerbaijan4 7b7 ,form ,a report transmitted pursuant to subsection 7a7 shall be in unclassified form but may contain a classified annex4 #i4 ,definitions ,in this ,act3 7#a7 ,appropriate congressional committees ,the term appropriate congressional committees means the ,committee on ,foreign ,affairs of the ,house of ,representatives and the ,committee on ,foreign ,relations of the ,senate4 7#b7 ,senior leadership of the government of azerbaijan ,the term senior leadership of the ,government of ,azerbaijan includes-- 7,a7 the ,president1 ,prime ,minister1 ,deputy ,prime ,ministers1 government ministers1 ,chairmen of ,state ,committees1 governors1 heads of state enterprises1 and members of the ,presidential ,administration of ,azerbaijan2 7,b7 any official of the ,government of ,azerbaijan who-- 7i7 is personally and substantially involved in the suppression of freedom in ,azerbaijan1 including judges1 prosecutors1 and heads of professional associations and educational institutions2 or 7ii7 is otherwise engaged in public corruption in ,azerbaijan2 and 7,c7 any other individual determined by the ,secretary of ,state 7or the ,secretary's designee7 to be personally and substantially involved in the formulation or execution of the policies of the ,government of ,azerbaijan that are in contradiction of internationally recognized human rights standards4