[Congressional Bills 106th Congress]
[From the U.S. Government Publishing 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.
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