The US House of Representatives approves a new draft bill against Syria
On Wednesday, the US House of Representatives approved a draft sanctions bill against Syria, aimed at preventing a rapprochement with Damascus.
The “International Coalition” led by Washington said in a statement on its official website, that 389 members (the overwhelming majority) in the House of Representatives, from both parties, Democratic and Republican, voted in favor of the bill, compared to 32 others who opposed it.
The draft bill stipulates that the United States won’t recognize or normalize relations with Damascus in their current status, in addition to confirming the sanctions stipulated under the Caesar Act of 2019, by extending its provisions, which were scheduled to expire in 2024, before extending to 2032.
It also requires developing an inter-agency strategy and annual report to confront normalization with Damascus.
The US new law also stipulated the expansion of the sanctions imposed on Syria to include additional entities and persons, in addition to canceling the exception to the sanctions granted previously.
Among the entities included in the law are Syrian Airlines and Cham Wings Airlines.
Last May 16, the Foreign Relations Committee in the US House of Representatives approved a draft law aimed at confronting normalization with Syria, after members of Congress agreed to make minor amendments to the draft law, before submitting it to a vote in the Council, and the draft law was presented, then-US Senator Joe Wilson.
This bill project was proposed last May 11, when US legislators from both the Republican and Democratic parties submitted a draft law demanding that the US administration not normalize relations with Syria, and to strengthen Washington’s ability to impose sanctions, in a warning to countries that are close to Damascus.
The approval of this law coincides with taking new steps in the path of Syrian-Arab rapprochement, as last January 29, Hassan Ahmed al Shehhi arrived in the Syrian capital, Damascus, in his capacity as the first Emirati ambassador to Syria since 2011.
The full text of the bill:
The draft law prohibits any official procedure requiring recognition or normalization of relations with any government in Syria headed by Syrian President Bashar al Assad, if enacted by the Senate and House of Representatives of the United States of America when Congress convenes.
Section One: Short Title
This law may be referred to as: “The Anti-Normalization with Syria Law of 2023”
Section Two: Amendments to the Caesar Act for the Protection of Civilians in Syria
(A) The Caesar Act for the Protection of Civilians in Syria
In Section 7412 of the Caesar Syria Civilian Protection Act of 2019 (amended Title XXIV of the National Defense Authorization Act for Fiscal Year 2020, USC, 8791)
(1) In subsection (a)
(A) In Paragraph (1), by dropping the phrase “the President shall impose” and all that follows until the end of the paragraph and adding the word: “the President” to become: (A) “The President shall impose the sanctions in subsection (b) with respect to a foreign person whom the President determines.
(i) That he, with his knowledge, engaged in an activity mentioned in Paragraph (2), whether on or after the day this law was enacted.
(j) That he is an adult member of a family belonging to the foreign personality mentioned in Paragraph (i), unless the President determines that there is clear and convincing evidence that this adult family member has severed his relations with the foreign personality mentioned in that paragraph, and has no record in the field of Helping that foreign personality hide his assets, (k) is subject to the ownership or control of the foreign person mentioned in paragraph (i) or (j).
(B) May impose the penalties provided in Subsection (B) with respect to a foreign person who the President determines knowingly provided, on and after the date of enactment of the Act, significant financial, material, or technical support to the foreign person involved in any activity mentioned in any Subparagraph within clause (b) through clause (e) of paragraph (2).
(b) In paragraph (2)
(i) In subparagraph (a)
(First) by amending paragraph (i) to become as follows:
(i) The Government of Syria (including any entity owned or controlled by the Government of Syria), any senior political figure of the Government of Syria, any member of the Syrian People’s Assembly, or any senior foreign political figure (as that term is defined in Section 101.605 of Title 31, Code of Federal Regulations) of the Arab Socialist Baath Party in Syria, and this includes any senior foreign political figure whose status is as follows:
(First) A member of the central leadership, the central committee, or the audit committee and inspection committee of this party.
(Second): Head of a regional branch of the Baath Party
(Second) in paragraph (Second) by crossing out the word (or) at the end of the sentence
(Third) in paragraph (Third), by adding the word (or) after the semicolon
(Fourth) by adding the following By the end of paragraph
(Fourth), Syrian Arab Airlines, Cham Wings, or any foreign entity owned by or subject to control by Syrian Arab Airlines or Cham Wings.
(Second) by amending subparagraph (C) to become as follows:
(C) knowingly sells or provides aircraft or spare parts for aircraft.
(First) for the Syrian Government, or (Second) for the benefit of or on behalf of the Syrian Government for any foreign person working in this field, whether directly or indirectly subject to the control of the Syrian Government or foreign forces associated with the Syrian Government.
(Third) in subparagraph (D), by crossing out the word “or” at the end.
(Fourth) In subparagraph (E)
(First) by crossing out construction or engineering services and adding the phrase: construction, engineering, or physical or financial services.
(Second) by crossing out the comma at the end of the sentence and adding a semicolon.
(Fifth) by adding the following at the end.
(G) intentionally participates or directs.
(First) the process of transferring goods (including agricultural goods, food, medicines and medical devices), or any international humanitarian aid intended for the Syrian people, (ii) Dealing with the proceeds resulting from the sale or resale of those transferred goods or international humanitarian aid, as the case may require.
(h) Participates or attempts to participate (directly or indirectly) knowingly in the seizure, confiscation, theft, or expropriation of property for personal gain or political purposes in property, including real estate located in Syria or owned by a Syrian citizen.
(i) knowingly participates or attempts to participate (directly or indirectly) in a transaction or transactions involving seized, confiscated, stolen or expropriated property described in subparagraph (h)
(First) knowingly provides significant financial, material, or technical support to a foreign person participating in any activity mentioned in subparagraph (A), (c) By adding the following at the end:
(4) Definitions: In this section (a) Appropriate congressional committees: The term “appropriate congressional committees” refers to the following:
(I) The Committee on Foreign Relations of the Senate
(II) The Committee on Banking, Housing and Urban Affairs, which is affiliated with the Senate
(III) The Committee on Foreign Affairs of the House of Representatives
(IV) The Committee on Financial Services of the House of Representatives
(B) Commercial and Financial Services: This refers to The term is for any transaction that takes place between the Syrian government and any foreign bank or financial institution operating in this field and subject to the control of the Syrian government and having a capital exceeding five million dollars.
(c) Financial institution: This term means any financial institution mentioned in any of the following subparagraphs (a)(l)(m)(n)(p)(q)(s)(z)(g) of Section 5312. (a)(2) of title 31, United States Code.
(d) Big deal: This term includes natural gas, electricity, or any other energy-related deal
(e) Transaction: In reaching a decision under subparagraph (A)(2)(A), the term “transaction” includes in-kind transactions.
(2) By adding the following at the end:
(e) Congressional Requests: Not later than 120 days after receipt of a request form by the Speaker and a ranking member of an appropriate congressional committee regarding the foreign person’s knowledge of his or her participation in any activity described in subsection (a)(2).
The President shall:
(1) reach the decision provided for in subsection (a)(1) with respect to such foreign person;
(2) To submit to the President of Congress and the ranking member who made the request a report relating to this resolution that includes a statement explaining whether the President has imposed or intends to impose the sanctions mentioned in subsection (b) against the foreign national.
(b) Expiration Extension: Section 7438 of the Caesar Syria Civilian Protection Act of 2019 (22 U.S.C. 8791) is amended by striking “the specified date of five years after the date of enactment of this Act” and adding “December 31, 2032”.
(c) Decisions related to the Syrian Secretariat for Development
(1) Term defined: In this subsection, the term “appropriate congressional committees” means:
Senate Committee on Armed Services Senate
Foreign Relations Committee
(C) Senate Banking, Housing, and Urban Affairs Committee (D) House Armed Services Committee (E) House Foreign Affairs Committee (G) Committee on Financial Services of the House of Representatives
(3) Resolutions: The President shall, within a period not exceeding 120 days after the enactment of this law, (a) Determine whether the non-profit organization headed by Asma al Assad, known as the “Syrian Trust for Development,” meets the necessary criteria to impose sanctions on it.
(I) Pursuant to Section 7412 (a) of the Caesar Syria Civilian Protection Act of 2019, as amended by Subsection (A)
(II) pursuant to Executive Order 13894 (84 Fed. Regulations 55851), relating to prohibiting ownership and freezing entry of certain persons Contributed to the situation in Syria, or: (iii) by its nature because it is owned or controlled by a person designated pursuant to an executive order or regulation issued by OFAC (b) Each such decision must be submitted to the appropriate congressional committees, along with a justification for the decision.
(3) Form: The decision issued under Paragraph (2) (b) must be submitted in a non-confidential form, except that the justification mentioned in that paragraph may be included in a confidential appendix, provided that the non-confidential decision is made available to the public through the federal government website available to the public; the people.
(d) Findings Regarding Applicability to Syrian Arab Airlines, Cham Wings Airlines, and Their Related Entities: Congress has made the following findings:
(1) In 2013, the President designated Syrian Arab Airlines as a prohibited vehicle or entity subject to the control of the Syrian government and simultaneously imposed sanctions on Syrian Arab Airlines pursuant to Executive Resolution 13224 because it operates for or on behalf of the forces of the Islamic Revolutionary Guard Corps, the Islamic Revolutionary Guard Corps, Iranian Jerusalem.
(2) In 2016, the President imposed sanctions on Cham Wings Airlines in Syria pursuant to Executive Resolution 13582 due to the material assistance it provided, the sponsorship it provided, the financial, material, or technical support it provided, or the goods or services it provided to the Syrian government, and Syrian Arab Airlines.
(3) Section 7412(a)(2)(A)(III) of the Caesar Syria Civilian Protection Act of 2019 (22 U.S. Code Note 8791) requires the application of sanctions to any foreign person who knowingly provides financial, material, or technical support.
Significant, or knowingly participating in, a significant transaction with…a foreign person subject to sanctions under the International Emergency Economic Powers Act (50 U.S. Code, 1701 et seq.) in connection with Syria or any other provision of law imposing sanctions related to Syria, which applies to service providers Airports outside Syria.
(e) Severability: If any provision of this law or the application of this section to any person or circumstance is found to be contrary to the Constitution, this will not prejudice the rest of the law, or the application of this section to other persons or circumstances.
Section Three: Prohibition of recognition of the Syrian leadership (a) Statement of policy: This is the policy of the United States, which is based on:
Failure to recognize or normalize relations with the Syrian government headed by President Bashar al Assad, including failure to meet the standards set forth in Section 7431(a) of the Caesar Syria Civilian Protection Act of 2019 (22 U.S.C. Sub. 8791).
Actual opposition to the remaining governments’ recognition of, or normalization of relations with, any Syrian government headed by President Assad, including full implementation of the mandatory primary and subsidiary sanctions contained in the Caesar Syria Civilian Protection Act of 2019 (Title XXIV of Public Law 116-92) and Executive Order 13894.
All authorities, including the authorities stipulated in the Caesar Syria Civilian Protection Act of 2019 and Executive Resolution 13894, to prevent reconstruction activities in areas under the control of the Syrian government.
(b) Prohibition: Subject to subsection (a), no official or employee of the Federal Government may take any action, nor may any Federal Government funding be made available, to acknowledge or in any way imply recognition by the United States of President Bashar al Assad or any government of Syria is headed by Assad.
Section Four: The agencies’ strategy to stand against normalization with Assad.
(a) Definitions: In this section:
(1) Appropriate congressional committees: This term refers to:
(a) The Senate Committee on Foreign Relations
(b) The Senate Committee on the Judiciary
(c) The Senate Committee on Banking, Housing, and Urban Affairs
(d) The Senate Committee on Appropriations
(e) The Senate Select Committee on Intelligence
(f) House Committee on Foreign Affairs
(g) House Judiciary Committee
(h) House Financial Services Committee (i) House Appropriations Committee (j) House Permanent Select Committee on Intelligence (2) Covered Transaction: This term refers to a transaction that includes an investment, grant, contract, or donation (including any loan or other extension of debt) that is as follows:
Provided by a foreign person living in Türkiye, the United Arab Emirates, Egypt, Jordan, Iraq, Oman, Bahrain, Kuwait, Saudi Arabia, Tunisia, Algeria, Morocco, Libya, or Lebanon.
Obtained by a person or entity located in any area in Syria subject to the Syrian government (b) Report and Strategy The two wanted ones.
(1) Submission: Not later than 180 days after the date of enactment of this Act, and for a period of five years after such date, the Secretary of State, in consultation with the Secretary of the Treasury, the Administrator of the Drug Enforcement Administration, and the heads of appropriate federal departments, departments, and agencies, shall submit a report and strategy to the appropriate congressional committees, to oppose actions taken or planned by foreign governments with the aim of normalizing relations with the government headed by Assad in Syria, dealing with him, or developing political, diplomatic, or economic relations with him.
(2) Elements: The elements of the report stipulated in Paragraph (1) must include the following:
A description of violations of international law and human rights abuses committed by Bashar al Assad committed by the Syrian authorities, the Government of the Russian Federation, or the Government of Iran, while seeking justice and accountability for the Syrian people.
A complete list of diplomatic meetings at the ambassadorial level and above, between the Syrian government and any representative of the government of Türkiye, the United Arab Emirates, Egypt, Jordan, Iraq, Oman, Bahrain, Kuwait, Saudi Arabia, Tunisia, Algeria, Morocco, Libya, or Lebanon, respectively.
(C) A list that includes a definition of the following:
(First) Any single covered transaction whose value exceeds $500,000
(Second) Any case of combining transactions covered by the same issuer, whose combined value exceeds $500,000, and takes place within one year.
(d) For a single transaction or a group of identified transactions, as the case may be, and included in the list stipulated in subparagraph (c), there is a decision regarding the subjection of those transactions to any of the parties to the transaction to the penalties stipulated in the Caesar Syria Civilian Protection Act of 2014. 2019, as amended in Section 2.
(e) A description of the steps that the United States will take to effectively prevent any recognition of the Syrian government or normalization of relations with it by other governments, including certain diplomatic engagements and the use of economic sanctions authorized by law or applied by executive orders, including:
(I) The Caesar Syria Civilian Protection Act of 2019 (22 USC Sec.8791)
(II) The Syria Accountability and Lebanon Sovereignty Restoration Act (22 USC Sec 2151)
(III) The Comprehensive Iran Sanctions, Accountability, and Divestment Act of 2010 (22 U.S. Code 8501 et seq.).
(iv) Executive Resolution 13894 (Federal Regulation 84, Article No. 55851, regarding the ownership ban and entry suspension of specific individuals who contributed to the situation in Syria).
(v) The Global Magnitsky Human Rights Accountability Act (22 U.S. Code § 10101 et seq.).
(vi) Countering America’s Adversaries Through Sanctions Act (22 U.S.C. Section 9401 et seq.).
(vii) Foreign Narcotics Networks Identification Act (21 U.S. Code, section 1901 et seq.)
(g) An assessment of the extent to which recognition by other governments or normalization of relations with the Assad regime would impact the national security of the United States, and expectations about the implementation of UN Security Council Resolution 2254 and the aspiration for justice and accountability for war crimes in Syria, and the benefits reaped by the government of the Russian Federation or the Iranian government.
(c) Scope: The initial report required by subsection (b) shall specify the period beginning on January 1, 2021, and ending on the date of enactment of this Act, and each subsequent report shall specify a period of one year following the expiration of the scope of the previous report.
(d) Format: Each report required by subsection (b) shall be submitted in an unclassified form, but may contain a confidential annex.
The unclassified portion of this report must be made publicly available via a United States federal government website.
Section Five: Reports on the Syrian Government’s manipulation of the United Nations.
Within a period not to exceed 180 days after the date of enactment of this law, and for the following five years, the Secretary of State must submit a report to the Foreign Relations Committee of the Senate and to the Foreign Affairs Committee of the House of Representatives, describing the manipulation The Syrian government headed by Bashar al Assad in Syria at the United Nations, including:
A description of the conditions, whether express or implied, established by the Syrian government in connection with United Nations operations in Syria, which include conditions relating to implementing partners, employment practices, allocation of grants and contracts, and procurement of goods and services.
A description of the extent to which the United Nations has rejected or opposed any of those conditions contained in paragraph (1).
To specifically identify officials or employees working for the United Nations (including funding, programs and specialized agencies of the United Nations) who have relations with the Syrian government, including family relations, or who have ties with individuals subject to sanctions imposed by donor countries at the United Nations.
A comprehensive study of the restrictions imposed by the Syrian government on the entry of the United Nations and their comprehensive impact on the United Nations’ ability to deliver international aid to targeted beneficiaries in areas outside the control of the Syrian government.