,,ii #aafth ,,congress #ast ,session ,s4 #cjha ,,in ,,the ,,senate ,,of ,,the ,,united ,,states ,december #ah1 #bjai,mr4 ,gardner 7for himself and ,mr4 ,markey7 introduced the following bill2 which was read twice and referred to the ,committee on ,foreign ,relations ,a ,,bill ,to promote free and fair elections1 political freedoms1 and human rights in ,cambodia1 and for other purposes4 #a4 ,short title ,this ,act may be cited as the ,cambodia ,democracy ,act of #bjai4 #b4 ,findings ,congress finds the following3 7#a7 ,prime ,minister ,hun ,sen has been in power in ,cambodia since #aihe and is the longest-serving leader in ,southeast ,asia4 ,despite decades of international attention and assistance to promote a pluralistic1 multi-party democratic system in ,cambodia1 the ,government of ,cambodia continues to be undemocratically dominated by the ruling ,cambodia ,people's ,party 7,,cpp71 which controls every agency and security apparatus of the state4 7#b7 ,in #bjae1 the ,,cpp-controlled parliament passed the ,law on ,associations and ,non-,governmental ,organizations1 which gave the government sweeping powers to revoke the registration of nongovernmental organizations that the government believed to be operating with a political bias in a blatant attempt to restrict the legitimate work of civil society4 ,on ,august #bc1 #bjag1 ,cambodia's ,ministry of ,foreign ,affairs ordered the closure of the ,national ,democratic ,institute and the expulsion of its foreign staff4 ,on ,september #ae1 #bjag1 ,prime ,minister ,hun ,sen called for the withdrawal of all volunteers from the ,united ,states ,peace ,corps1 which has operated in ,cambodia since #bjjf with approximately #ejj ,united ,states volunteers providing ,english language and healthcare training4 7#c7 ,the ,government of ,cambodia has taken several measures to restrict its media environment1 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 #bjag4 ,additionally1 the ,government of ,cambodia has ordered several radio stations to stop the broadcasting of ,radio ,free ,asia and ,voice of ,america programming4 7#d7 ,on ,september #c1 #bjag1 ,kem ,sokha1 the ,president of the ,cambodia ,national ,rescue ,party 7,,cnrp71 was arrested on politically motivated charges1 including treason and conspiring to overthrow the ,government of ,cambodia1 and faces up to #cj years in prison4 ,the ,,cnrp's previous leader1 ,sam ,rainsy1 remains in exile4 ,on ,november #af1 #bjag1 ,cambodia's ,supreme ,court dissolved the ,,cnrp1 eliminating the primary opposition party4 ,a court in ,cambodia announced plans to try ,kem ,sokha for treason in ,january #bjbj4 7#e7 ,each of the #f elections that have taken place in ,cambodia since #aiia were conducted in circumstances that were not free and fair1 and were marked by fraud1 intimidation1 violence1 and the government's misuse of legal mechanisms to weaken opposition candidates and parties4 7#f7 ,in the most recent general election in ,july #bjah1 following the dissolution of the ,,cnrp1 the ,,cpp secured every parliamentary seat1 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 people4 7#g7 ,the ,united ,states is committed to promoting democracy1 human rights1 and the rule of law in ,cambodia4 ,the ,united ,states continues to urge the ,government of ,cambodia to immediately release ,mr4 ,kem ,sokha1 reinstate the political status of the ,,cnrp and restore its elected seats in the ,national ,assembly1 and support electoral reform efforts in ,cambodia with free and fair elections monitored by international observers4 7#h7 ,in section #dja of the ,asia ,reassurance ,initiative ,act of #bjah 7,public ,law #aae-dji2 #acb ,stat4 #edjg71 ,congress expressed serious concerns with the rule of law and civil liberties in ,cambodia and made the finding that the promotion of human rights and respect for democratic values in the ,indo-,pacific region is in the ,united ,states national security interest4 7#i7 ,section #gjdc7;b7 of the ,department of ,state1 ,foreign ,operations1 and ,related ,programs ,appropriations ,act1 #bjah 7division ,k of ,public ,law #aae-ada2 #acb ,stat4 #iah7 and section #bja7;f7 of the ,asia ,reassurance ,initiative ,act of #bjah 7,public ,law #aae-dji2 #acb ,stat4 #ecib7 restricted ,united ,states assistance to ,cambodia unless the ,government of ,cambodia takes effective steps to respect the rights and responsibilities enshrined in the ,constitution of ,cambodia1 including by releasing all political prisoners1 including journalists1 civil society activists1 and members of the opposition political party4 7#aj7 ,on ,december #i1 #bjai1 the ,department of the ,treasury imposed sanctions under the ,global ,magnitsky ,human ,rights ,accountability ,act 7subtitle ,f of title ,,xii of ,public ,law #aad-cbh2 #bb ,u4,s4,c4 #bfef note7 with respect to certain corrupt ,cambodian actors and their networks4 7#aa7 ,in ,february #bjai1 the ,european ,union began intense scrutiny of ,cambodia's eligibility to for preferential trade access in light of the deterioration of democracy1 the rule of law1 and the protection of human rights in ,cambodia4 #c4 ,sanctions relating to undermining democracy in ,cambodia 7a7 ,identification of persons responsible for undermining democracy in ,cambodia 7#a7 ,in general ,not later than #ahj days after the date of the enactment of this ,act1 the ,president shall submit to the appropriate congressional committees a list of-- 7,a7 each senior official of the government1 military1 or security forces of ,cambodia who the ,president determines has1 on or after such date of enactment-- 7i7 directly and substantially undermined democracy in ,cambodia2 or 7ii7 committed or directed serious human rights violations associated with undermining democracy in ,cambodia2 and 7,b7 each foreign person owned or controlled by an official described in subparagraph 7,a74 7#b7 ,updates ,the ,president shall submit to the appropriate congressional committees updated lists under paragraph 7#a7 as new information becomes available4 7b7 ,imposition of sanctions ,the ,president shall impose the following sanctions with respect to each foreign person on the list required by subsection 7a73 7#a7 ,asset blocking ,the ,president shall exercise all of the powers granted to the ,president under the ,international ,emergency ,economic ,powers ,act 7#ej ,u4,s4,c4 #agja et seq47 7except that the requirements of section #bjb of such ,act 7#ej ,u4,s4,c4 #agja7 shall not apply7 to the extent necessary to block and prohibit all transactions in property and interests in property of the person if such property and interests in property are in the ,united ,states1 come within the ,united ,states1 or are or come within the possession or control of a ,united ,states person4 7#b7 ,aliens inadmissible for visas1 admission1 or parole 7,a7 ,visas1 admission1 or parole ,in the case of an individual1 that individual is-- 7i7 inadmissible to the ,united ,states2 7ii7 ineligible to receive a visa or other documentation to enter the ,united ,states2 and 7iii7 otherwise ineligible to be admitted or paroled into the ,united ,states or to receive any other benefit under the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #aaja et seq474 7,b7 ,current visas revoked 7i7 ,in general ,the visa or other entry documentation of the individual shall be revoked1 regardless of when such visa or other entry documentation is or was issued4 7ii7 ,immediate effect ,a revocation under clause 7i7 shall-- 7,i7 take effect immediately2 and 7,,ii7 automatically cancel any other valid visa or entry documentation that is in the individual's possession4 7c7 ,exceptions 7#a7 ,exception relating to importation of goods 7,a7 ,in general ,the authorities and requirements to impose sanctions authorized under subsection 7b77#a7 shall not include the authority or requirement to impose sanctions on the importation of goods4 7,b7 ,good defined ,in this paragraph1 the term good means any article1 natural or manmade substance1 material1 supply or manufactured product1 including inspection and test equipment1 and excluding technical data4 7#b7 ,exception to comply with international obligations ,sanctions under subsection 7b77#b7 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 ,nations1 signed at ,lake ,success ,june #bf1 #aidg1 and entered into force ,november #ba1 #aidg1 between the ,united ,nations and the ,united ,states1 or other applicable international obligations of the ,united ,states4 7d7 ,waiver ,the ,president may waive the application of sanctions under subsection 7b7 with respect to a foreign person on the list required by subsection 7a7 if the ,president determines and certifies to the appropriate congressional committees that such a waiver is in the national interest of the ,united ,states4 7e7 ,suspension of sanctions 7#a7 ,suspension ,the requirement to impose sanctions under this section may be suspended for an initial period of not more than one year if the ,president determines and certifies to the appropriate congressional committees that ,cambodia is making meaningful progress toward the following3 7,a7 ,ending government efforts to undermine democracy4 7,b7 ,ending human rights violations associated with undermining democracy4 7,c7 ,conducting free and fair elections that allow for the active participation of credible opposition candidates4 7#b7 ,renewal of suspension ,the suspension under paragraph 7#a7 may be renewed for additional1 consecutive one-year periods if the ,president determines and certifies to the appropriate congressional committees that ,cambodia continued to make meaningful progress toward satisfying the conditions described in that paragraph during the year preceding the certification4 7f7 ,implementation2 penalties 7#a7 ,implementation ,the ,president may exercise all authorities provided under sections #bjc and #bje of the ,international ,emergency ,economic ,powers ,act 7#ej ,u4,s4,c4 #agjb and #agjd7 to carry out this section4 7#b7 ,penalties ,a person that violates1 attempts to violate1 conspires to violate1 or causes a violation of subsection 7b77#a7 or any regulation1 license1 or order issued to carry out that subsection shall be subject to the penalties set forth in subsections 7b7 and 7c7 of section #bjf of the ,international ,emergency ,economic ,powers ,act 7#ej ,u4,s4,c4 #agje7 to the same extent as a person that commits an unlawful act described in subsection 7a7 of that section4 7g7 ,sunset ,this section shall terminate on the date that is #e years after the date of the enactment of this ,act4 7h7 ,definitions ,in this section3 7#a7 ,appropriate congressional committees ,the term appropriate congressional committees means-- 7,a7 the ,committee on ,foreign ,affairs and the ,committee on ,financial ,services of the ,house of ,representatives2 and 7,b7 the ,committee on ,foreign ,relations and the ,committee on ,banking1 ,housing1 and ,urban ,affairs of the ,senate4 7#b7 ,foreign person ,the term foreign person means a person that is not a ,united ,states person4 7#c7 ,person 7,a7 ,in general ,the term person means-- 7i7 a natural person2 or 7ii7 a corporation1 business association1 partnership1 society1 trust1 financial institution1 insurer1 underwriter1 guarantor1 and any other business organization1 any other nongovernmental entity1 organization1 or group1 and any governmental entity operating as a business enterprise or any successor to any entity described in this clause4 7,b7 ,application to governmental entities ,the term person does not include a government or governmental entity that is not operating as a business enterprise4 7#d7 ,united ,states person ,the term ,united ,states person means-- 7,a7 a ,united ,states citizen or an alien lawfully admitted for permanent residence to the ,united ,states2 or 7,b7 an entity organized under the laws of the ,united ,states or of any jurisdiction of the ,united ,states1 including a foreign branch of such an entity4