Sanctions List Harmonization Act
This bill requires the Department of the Treasury, the Department of Commerce, and the Department of Defense to notify each other when placing a foreign individual or entity on specified sanctions lists. Each department receiving a notification must conduct a review and determine whether to place such individual or entity on the lists under department responsibility. If a receiving department determines that the individual or entity does not belong on the department's lists, it must report the determination and reasons to Congress.
Each of the departments must also notify Congress when it first considers placing an individual or entity on a list but determines not to place the individual or entity on the list.
[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5613 Introduced in House (IH)]
<DOC>
118th CONGRESS
1st Session
H. R. 5613
To require a review of whether individuals or entities subject to the
imposition of certain sanctions through inclusion on certain sanctions
lists should also be subject to the imposition of other sanctions and
included on other sanctions lists.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
September 20, 2023
Mr. Waltz introduced the following bill; which was referred to the
Committee on Foreign Affairs, and in addition to the Committee on 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 require a review of whether individuals or entities subject to the
imposition of certain sanctions through inclusion on certain sanctions
lists should also be subject to the imposition of other sanctions and
included on other sanctions lists.
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 ``Sanctions Lists Harmonization Act''.
SEC. 2. REQUIREMENTS TO INCLUDE INDIVIDUALS AND ENTITIES SUBJECT TO
UNITED STATES SANCTIONS ON CERTAIN OTHER SANCTIONS LISTS.
(a) Notification to Other Federal Officials.--Not later than 30
days after the date on which an individual or entity is included on one
of the lists described in subsection (d), the Federal official
responsible for administering such list shall notify the Federal
officials responsible for administering the other lists described in
subsection (d) of the inclusion of the individual or entity on such
list.
(b) Determination and Other Requirements of Other Federal
Official.--
(1) In general.--Not later than 60 days after the date on
which a Federal official receives a notification under
subsection (a) of the inclusion of an individual or entity on
one of the lists described in subsection (d), such Federal
official shall--
(A) conduct a review and make a determination of
whether to include such individual or entity on such
other lists; and
(B) make available to the public, including by
publishing in the Federal Register, the determination
made under subparagraph (A).
(2) Advance congressional notification.--
(A) In general.--In the case of a determination
under paragraph (1)(A) not to include an individual or
entity on such other lists, the Federal official shall,
not later than 7 days after making the determination,
submit the determination to the appropriate
congressional committees, including a justification for
why the individual or entity did not meet the
eligibility criteria for inclusion on such other list.
(B) Form.--A notification required under this
paragraph shall be submitted in unclassified form, but
may contain a classified annex.
(3) Additional review.--In the case of a determination
under paragraph (1)(A) not to include an individual or entity
on such other lists, the Federal official shall, not later than
1 year after making the determination, conduct an additional
review to determine if the individual or entity should be
included on such other lists, particularly if there is a
material change in the activities of the individual or entity.
(c) Congressional Notifications for Determinations Not To List New
Individuals and Entities.--
(1) Notification to congress.--
(A) In general.--Not later than 30 days after the
date on which a Federal agency, department, or office
first conducts deliberations regarding the designation
of a new individual or entity on any list described in
subsection (d) and determines not to designate that
individual or entity, the Federal official responsible
for administering such list shall notify the
appropriate congressional committees of such negative
determination and include with such notification--
(i) an identification of the nondesignated
individual or entity by name;
(ii) an articulation of the reasons that
the individual or entity was initially
considered for designation; and
(iii) a full explanation and justification
for the subsequent determination that the
individual or entity did not meet the
eligibility criteria for designation on the
applicable list.
(B) Form.--A notification required under this
paragraph shall be submitted in unclassified form, but
may contain a classified annex.
(2) Deliberation defined.--For purposes of the
notifications under this subsection, the term ``deliberation''
includes any meeting where a Federal Government official with
the power to place an individual or an entity on one of the
lists described in section 2(c) reviews the potential
designation with one or more executive branch counterparts for
a conclusive decision.
(d) Lists Described.--The lists described in this subsection are
the following:
(1) The list of specially designated nationals and blocked
persons maintained by the Office of Foreign Assets Control of
the Department of the Treasury.
(2) The list maintained and set forth in Supplement No. 4
to part 744 of the Export Administration Regulations (commonly
known as the ``Entity List'').
(3) The Department of Defense's list maintained and
published under section 1237 of the Strom Thurmond National
Defense Authorization Act for Fiscal Year 1999 (50 U.S.C. 1701
note).
(4) The Department of Defense's list maintained and
published under 1260H of the William M. (Mac) Thornberry
National Defense Authorization Act for Fiscal Year 2021 (10
U.S.C. 113 note).
(5) The Non-SDN Chinese Military-Industrial Complex
Companies (NS-CMIC) List of the Office of Foreign Assets
Control of the Department of the Treasury.
(6) The Sectoral Sanctions List of the Office of Foreign
Assets Control of the Department of the Treasury.
(7) The Unverified List of the Bureau of Industry and
Security of the Department of Commerce.
(8) The Military End User List of the Bureau of Industry
and Security of the Department of Commerce.
(e) Definitions.--In this section:
(1) Appropriate congressional committees.--The term
``appropriate congressional committees'' means--
(A) the Committee on Armed Services, the Permanent
Select Committee on Intelligence, the Committee on
Foreign Affairs, and the Committee on Financial
Services of the House of Representatives; and
(B) the Committee on Armed Services, the Select
Committee on Intelligence, the Committee on Foreign
Relations, and the Committee on Finance of the Senate.
(2) Export administration regulations.--The term ``Export
Administration Regulations'' means the regulations set forth in
subchapter C of chapter VII of title 15, Code of Federal
Regulations, or successor regulations.
<all>
Introduced in House
Introduced in House
Referred to the Committee on Foreign Affairs, and in addition to the Committee on 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.
Referred to the Committee on Foreign Affairs, and in addition to the Committee on 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.
Committee Consideration and Mark-up Session Held
Ordered to be Reported in the Nature of a Substitute (Amended) by the Yeas and Nays: 43 - 0.
Mr. Barr moved to suspend the rules and pass the bill, as amended.
Considered under suspension of the rules. (consideration: CR H5076-5077)
DEBATE - The House proceeded with forty minutes of debate on H.R. 5613.
Passed/agreed to in House: On motion to suspend the rules and pass the bill, as amended Agreed to by voice vote. (text: CR H5076)
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On motion to suspend the rules and pass the bill, as amended Agreed to by voice vote. (text: CR H5076)
Motion to reconsider laid on the table Agreed to without objection.
Received in the Senate. Read the first time. Placed on Senate Legislative Calendar under Read the First Time.
Read the second time. Placed on Senate Legislative Calendar under General Orders. Calendar No. 518.