[Congressional Bills 106th Congress]
[From the U.S. Government Printing Office]
[H.R. 2105 Introduced in House (IH)]







106th CONGRESS
  1st Session
                                H. R. 2105

    To provide for the treatment of the actions of certain foreign 
  narcotics traffickers as an unusual and extraordinary threat to the 
  United States for purposes of the International Emergency Economic 
                              Powers Act.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                              June 9, 1999

 Mr. McCollum (for himself, Mr. Rangel, Mr. Goss, Mr. Gilman, and Mr. 
    Mica) introduced the following bill; which was referred to the 
Committee on International Relations, and in addition to the Committee 
  on the Judiciary, 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 provide for the treatment of the actions of certain foreign 
  narcotics traffickers as an unusual and extraordinary threat to the 
  United States for purposes of the International Emergency Economic 
                              Powers Act.

    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 ``Drug Kingpins Bankruptcy Act of 
1999''.

SEC. 2. FINDINGS.

    The Congress makes the following findings:
            (1) It should be the policy of the United States to impose 
        economic and financial sanctions on foreign international 
        narcotics traffickers and their organizations.
            (2) Presidential Decision Directive 42, issued on October 
        21, 1995, ordered agencies of the executive branch of the 
        United States Government to, inter alia, increase the priority 
        and resources devoted to the direct and immediate threat 
        international crime presents to national security, work more 
        closely with other governments to develop a global response to 
        this threat, and use aggressively and creatively all legal 
        means available to combat international crime.
            (3) Executive Order No. 12978 of October 21, 1995, 
        exercised the authorities of the International Emergency 
        Economic Powers Act (IEEPA) to effectively target and sanction 
        four ``Specifically Designated Narcotics Traffickers'' and 
        their organizations which operate from Colombia.
            (4) Similar sanctions should be applied to additional 
        international foreign narcotics traffickers operating 
        worldwide.

SEC. 3. PURPOSE.

    The purpose of this Act is to provide for the use of authorities in 
the International Emergency Economic Powers Act to sanction additional 
specially designated narcotics traffickers operating worldwide.

SEC. 4. DESIGNATION OF CERTAIN FOREIGN INTERNATIONAL NARCOTICS 
              TRAFFICKERS.

    (a) Preparation of List of Names.--Not later than January 1, 2000, 
and not later than January 1 of each year thereafter, the Secretary of 
the Treasury, in consultation with the Attorney General, Director of 
Central Intelligence, Secretary of Defense, and Secretary of State, 
shall submit to the Director of National Drug Control Policy a list of 
those individuals who play a significant role in international 
narcotics trafficking as of the date the list is submitted.
    (b) Review by Director of National Drug Control Policy.--Not later 
than February 1, 2000, and not later than February 1 of each year 
thereafter, the Director of National Drug Control Policy shall transmit 
to the President the list submitted that year to the Director under 
subsection (a) to the President, together with his recommendations for 
the inclusion in, or exclusion from, the list of specific individuals.
    (c) Exclusion of Certain Persons From List.--Notwithstanding any 
other provision of this section, neither the list described in 
subsections (a) and (b) nor the accompanying recommendations of the 
Director of National Drug Control Policy under subsection (b) shall 
include the name of any individual if the Director of Central 
Intelligence determines that the disclosure of that person's role in 
international narcotics trafficking could compromise United States 
intelligence sources or methods. The Director of Central Intelligence 
shall advise the President when a determination is made to withhold an 
individual's identity under this subsection.
    (d) Designation of Individuals as Threats to the United States.--
The President shall determine not later than March 1 of each year 
whether or not to designate persons on the list transmitted to the 
President that year as persons constituting an unusual and 
extraordinary threat to the national security, foreign policy, and 
economy of the United States. The President shall notify the Secretary 
of the Treasury of any person designated under this subsection. If the 
President determines not to designate any person on such list as such a 
threat, the President shall submit a report to Congress setting forth 
the reasons therefor.
    (e) Changes in Designations of Individuals.--
            (1) Additional individuals designated.--If at any time 
        after March 1 of a year, but prior to January 1 of the 
        following year, the President determines that a person is 
        playing a significant role in international narcotics 
        trafficking and has not been designated under subsection (d) as 
        a person constituting an unusual and extraordinary threat to 
        the national security, foreign policy, and economy of the 
        United States, the President may so designate the person. The 
        President shall notify the Secretary of the Treasury of any 
        person designated under this paragraph.
            (2) Removal of designations of individuals.--Whenever the 
        President determines that a person designated under subsection 
        (d) or paragraph (1) of this subsection no longer poses an 
        unusual and extraordinary threat to the national security, 
        foreign policy, and economy of the United States, the person 
        shall no longer be considered as designated under that 
        subsection.
    (f) References.--Any person designated under subsection (d) or (e) 
may be referred to in this Act as a ``specially designated narcotics 
trafficker''.

SEC. 5. BLOCKING ASSETS.

    (a) Finding.--Congress finds that a national emergency exists with 
respect to any individual who is a specially designated narcotics 
trafficker.
    (b) Blocking of Assets.--Except to the extent provided in section 
203(b) of the International Emergency Economic Powers Act (50 U.S.C. 
1702(b)) and in regulations, orders, directives, or licenses that may 
be issued pursuant to this Act, and notwithstanding any contract 
entered into or any license or permit granted prior to the date of 
designation of a person as a specially designated narcotics trafficker, 
there are hereby blocked all property and interests in property that 
are, or after that date, come within the United States, or that are, or 
after that date come, within the possession or control of any United 
States person, of--
            (1) any specially designated narcotics trafficker;
            (2) any person who materially assists in, provides 
        financial or technological support for, or provides goods or 
        services in support of, the narcotics trafficking activities of 
        a specially designated narcotics trafficker; and
            (3) any person determined by the Secretary of the Treasury, 
        in consultation with the Attorney General, Director of Central 
        Intelligence, Secretary of Defense, and Secretary of State, to 
        be owned or controlled by, or to act for or on behalf of, a 
        specially designated narcotics trafficker.
    (c) Prohibited Acts.--Except to the extent provided in section 
203(b) of the International Emergency Economic Powers Act or in any 
regulation, order, directive, or license that may be issued pursuant to 
this Act, and notwithstanding any contract entered into or any license 
or permit granted prior to the date of designation of a person as a 
specially designated narcotics trafficker, the following acts are 
prohibited:
            (1) Any transaction or dealing by a United States person, 
        or within the United States, in property or interests in 
        property of any specially designated narcotics trafficker.
            (2) Any transaction or dealing by a United States person, 
        or within the United States, that evades or avoids, has the 
        purpose of evading or avoiding, or attempts to violate, 
        subsection (b).
    (d) Law Enforcement and Intelligence Activities Not Affected.--
Nothing in this section is intended to prohibit or otherwise limit the 
authorized law enforcement or intelligence activities of the United 
States, or the law enforcement activities of any State or subdivision 
thereof.
    (e) Implementation.--The Secretary of the Treasury, in consultation 
with the Attorney General, Director of Central Intelligence, Secretary 
of Defense, and Secretary of State, is authorized to take such actions, 
including the promulgation of rules and regulations, and to employ all 
powers granted to the President by the International Emergency Economic 
Powers Act as may be necessary to carry out this section. The Secretary 
of the Treasury may redelegate any of these functions to any other 
officer or agency of the United States Government. Each agency of the 
United States shall take all appropriate measures within its authority 
to carry out this section.
    (f) Enforcement.--Violations of licenses, orders, or regulations 
under this Act shall be subject to the same civil or criminal penalties 
as are provided by section 206 of the International Emergency Economic 
Powers Act (50 U.S.C. 1705) for violations of licenses, orders, and 
regulations under that Act.
    (g) Definitions.--In this section:
            (1) Entity.--The term ``entity'' means a partnership, 
        association, corporation, or other organization, group, or 
        subgroup.
            (2) Narcotics trafficking.--The term ``narcotics 
        trafficking'' means any activity undertaken illicitly to 
        cultivate, produce, manufacture, distribute, sell, finance, or 
        transport, or otherwise assist, abet, conspire, or collude with 
        others in illicit activities relating to, narcotic drugs, 
        including, but not limited to, heroin, methamphetamine and 
        cocaine.
            (3) Person.--The term ``person'' means an individual or 
        entity.
            (4) United states person.--The term ``United States 
        person'' means any United States citizen or national, permanent 
        resident alien, entity organized under the laws of the United 
        States (including foreign branches), or any person in the 
        United States.

SEC. 6. INITIAL LISTING OF SPECIALLY DESIGNATED NARCOTICS TRAFFICKERS.

    (a) Initial Designation.--For the purposes of this Act, and without 
regard to sections 4 and 5, the President shall, not later than 30 days 
after the date of the enactment of this Act, designate as specially 
designated narcotics traffickers for purposes of this Act those persons 
listed in subsection (b) who have been indicted in the United States on 
narcotics trafficking charges, and whose extradition has been requested 
by, or for whom a provisional arrest warrant has been issued by, United 
States Government officials.
    (b) List.--The persons referred to in subsection (a) are the 
following:
            (1) Wei Hsueh-Kang, also known as Prasit Chiwinitparya, and 
        Charchai Chiwinnitipanya, born on June 29, 1952, a resident of 
        Myanmar.
            (2) Khun Sa, also known as Chang Chi-Fu, born on February 
        17, 1933, a resident of Myanmar.
            (3) Jose de Jesus Amezcua-Contreras, a citizen of Mexico, 
        born on July 31, 1963.
            (4) Luis Ignacio Amezcua-Contreras, a citizen of Mexico, 
        born on February 22, 1964.
            (5) Ramon Arellano-Felix, a citizen of Mexico, born on 
        August 31, 1964.
            (6) Rafael Caro-Quintero, a citizen of Mexico, born on 
        October 24, 1952.
            (7) Vicente Carrillo-Fuentes, a citizen of Mexico, born on 
        October 16, 1962.
            (8) Oscar Malherbe De Leon, a citizen of Mexico, born on 
        January 10, 1964.
            (9) Arturo Paez-Martinez, a citizen of Mexico, born on 
        August 31, 1967.
            (10) Charles Miller, also known as Eustace O'Connor, a 
        citizen of St. Kitts, born on March 29, 1960.
            (11) Lorquet Saint-Hilaire, a citizen of Haiti, born on 
        March 23, 1969.
            (12) Jhon Raul Castro, a citizen of Colombia, born on 
        September 5, 1963.

SEC. 7. DENIAL OF VISAS TO AND INADMISSIBILITY OF SPECIALLY DESIGNATED 
              NARCOTICS TRAFFICKERS.

    (a) Prohibition.--The Secretary of State shall deny a visa to, and 
the Attorney General may not admit to the United States--
            (1) any specially designated narcotics trafficker; or
            (2) any alien who the consular officer or the Attorney 
        General knows or has reason to believe--
                    (A) is a spouse or minor child of a specially 
                designated narcotics trafficker; or
                    (B) is a person described in paragraph (2) or (3) 
                of section 5(b).
    (b) Exceptions.--Subsection (a) shall not apply--
            (1) where the Secretary of State finds, on a case-by-case 
        basis, that the entry into the United States of the person is 
        necessary for medical reasons;
            (2) upon the request of the Attorney General, Director of 
        Central Intelligence, Secretary of the Treasury, or the 
        Secretary of Defense; or
            (3) for purposes of the prosecution of a specially 
        designated narcotics trafficker.
                                 <all>