[Congressional Record Volume 168, Number 150 (Monday, September 19, 2022)] [House] [Pages H7893-H7895] From the Congressional Record Online through the Government Publishing Office [www.gpo.gov] UPHOLDING THE DAYTON PEACE AGREEMENT THROUGH SANCTIONS ACT Mr. MALINOWSKI. Mr. Speaker, I move to suspend the rules and pass the bill (H.R. 8453) to provide for the imposition of sanctions with respect to foreign persons undermining the Dayton Peace Agreement or threatening the security of Bosnia and Herzegovina, and for other purposes, as amended. The Clerk read the title of the bill. The text of the bill is as follows: H.R. 8453 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 ``Upholding the Dayton Peace Agreement Through Sanctions Act''. SEC. 2. STATEMENT OF POLICY. It is the policy of the United States-- (1) to support Bosnia and Herzegovina's sovereignty, territorial integrity, and multi-ethnic character; (2) to back and bolster Bosnia and Herzegovina's progress towards Euro-Atlantic integration; (3) to encourage officials in Bosnia and Herzegovina to resume institutional participation at all levels of government to advance functionality and common-sense reforms for greater prosperity and for Bosnia and Herzegovina to obtain European Union candidate status; (4) to push Bosnia and Herzegovina to implement the rulings of the European Court of Human Rights; (5) to advocate for robust participation in the October 2, 2022, general elections in Bosnia and Herzegovina; (6) to utilize targeted sanctions against persons who undermine the Dayton Peace Agreement and democratic institutions, including by blocking, boycotting or not recognizing the results of elections, in Bosnia and Herzegovina to support peace and stability in that country; (7) to urge the European Union to join the United States and United Kingdom in sanctioning Milorad Dodik, a member of the Presidency of Bosnia and Herzegovina, for his actions that undermine the stability and territorial integrity of Bosnia and Herzegovina; (8) to expose and condemn the Government of Russia for its role in fueling instability in Bosnia and Herzegovina and undermining the Dayton Peace Agreement, the role of the Office of the High Representative, and the European Union Force in BiH's Operation Althea; (9) to work with other regional States, including Serbia and Croatia, to support the territorial integrity and stability of Bosnia and Herzegovina; and (10) to use its voice and vote at the United Nations, the Peace Implementation Council and its Steering Board, and other relevant international bodies to support the Office of the High Representative. SEC. 3. IMPOSITION OF SANCTIONS WITH RESPECT TO FOREIGN PERSONS UNDERMINING THE DAYTON PEACE AGREEMENT OR THREATENING THE SECURITY OF BOSNIA AND HERZEGOVINA. (a) Imposition of Sanctions.-- (1) List required.--Not later than 90 days after the date of the enactment of this Act, and annually thereafter for five years, the President shall submit to the appropriate congressional committees a list of foreign persons that are determined-- (A) to be responsible for or complicit in, or to have directly or indirectly engaged in, any action or policy that threatens the peace, security, stability, or territorial integrity of Bosnia and Herzegovina, including actions that seek to undermine the authority of Bosnia and Herzegovina's state-level institutions, such as forming illegal parallel institutions or actions that threaten the Office of the High Representative; (B) to be responsible for or complicit in, or to have directly or indirectly engaged in, any action or policy that undermines democratic processes or institutions in Bosnia and Herzegovina; (C) to be responsible for or complicit in, or to have directly or indirectly engaged in, or to have attempted, a violation of, or an act that has obstructed or threatened the implementation of, the Dayton Peace Agreement or the Conclusions of the Peace Implementation Conference Council held in London in December 1995, including the decisions or conclusions of the Office of the High Representative, the Peace Implementation Council, or its Steering Board; (D) to be a member, official, or senior leader of an illegal parallel institution or any other institution that engages in activities described in subparagraph (A), (B) or (C), as determined by the Secretary of State; (E) to be responsible for or complicit in, or to have directly or indirectly engaged in, or attempted to engage in, corruption related to Bosnia and Herzegovina, including corruption by, on behalf of, or otherwise related to the government in Bosnia and Herzegovina, or a current or former government official at any level of government in Bosnia and Herzegovina, such as the misappropriation of public assets, expropriation of private assets for personal gain or political purposes, corruption related to government contracts or the extraction of natural resources or bribery; (F) to be an adult family member of any foreign person described in subparagraph (A), (B), (C), (D), or (E) unless they have condemned the sanctionable activity and taken tangible steps to oppose the activity; (G) to have knowingly facilitated a significant transaction or transactions for or on behalf of a foreign person described in subparagraph (A), (B), (C), (D), or (E); (H) to be owned or controlled by, or to have acted or purported to act for or on behalf of, directly or indirectly, a foreign person described in subparagraph (A), (B), (C), (D), or (E); or (I) to have knowingly materially assisted, sponsored, or provided financial, material, or technological support for, or goods or services to or in support of, a foreign person described in subparagraph (A), (B), (C), (D), or (E). (2) Imposition of sanctions.--Upon the submission of each list required by paragraph (1), the President shall impose the sanctions described in subsection (c) with respect to each foreign person identified on the list. (b) Additional Measure Relating to Facilitation of Transactions.--The Secretary of the Treasury may, in consultation with the Secretary of State, prohibit or impose strict conditions on the opening or maintaining in the United States of a correspondent account or payable-through account by a foreign financial institution that the President determines has, on or after the date of the enactment of this Act, knowingly conducted or facilitated a significant transaction or transactions on behalf of a foreign person on the list required by subsection (a)(1). (c) Sanctions Described.--The sanctions described in this subsection are the following: (1) Property blocking.--Notwithstanding the requirements of section 202 of the International Emergency Economic Powers Act (50 U.S.C. 1701), the President may exercise of all powers granted to the President by that Act to the extent necessary to block and prohibit all transactions in all property and interests in property of the foreign person if such property and interests in property are in the United States, come within the United States, or are or come within the possession or control of a United States person. (2) Aliens inadmissible for visas, admission, or parole.-- (A) In general.--An alien on the list required by subsection (a)(1) is-- (i) inadmissible to the United States; (ii) ineligible for a visa or travel to the United States; and (iii) otherwise ineligible to be admitted or paroled into the United States or to receive any other benefit under the Immigration and Nationality Act (8 U.S.C. 1101 et seq.). (B) Current visas revoked.-- (i) In general.--The issuing consular officer, the Secretary of State, or the Secretary of Homeland Security (or a designee of one of such Secretaries) shall, in accordance with section 221(i) of the Immigration and Nationality Act (8 U.S.C. 1201(i)), revoke any visa or other entry documentation issued to an alien on the list required by subsection (a)(1) regardless of when the visa or other entry documentation is issued. (ii) Effect of revocation.--A visa or other entry documentation revoked under clause (i) shall-- (I) take effect immediately; and (II) automatically cancel any other valid visa or entry documentation that is in the alien's possession. (d) Exceptions.-- (1) Exception for intelligence, law enforcement, and national security activities.--Sanctions under this section shall not apply to any authorized intelligence, law enforcement, or national security activities of the United States. (2) Exception to comply with united nations headquarters agreement.--Sanctions under subsection (c)(2) shall not apply with respect to the admission of an alien to the United States if the admission of the alien is necessary to permit the United States to comply with the Agreement regarding the Headquarters of the United Nations, signed at Lake Success June 26, 1947, and entered into force November 21, 1947, between the United Nations and the United States, the Convention on Consular Relations, done at Vienna April 24, 1963, and entered into force March 19, 1967, or other applicable international obligations. (3) Exception relating to the provision of humanitarian assistance.--Sanctions under this section may not be imposed with respect to transactions or the facilitation of transactions for-- [[Page H7894]] (A) the sale of agricultural commodities, food, medicine, or medical devices; (B) the provision of humanitarian assistance; (C) financial transactions relating to humanitarian assistance or for humanitarian purposes; and (D) transporting goods or services that are necessary to carry out operations relating to humanitarian assistance or humanitarian purposes. (e) Waiver.--The President may, on a case-by-case basis and for periods not to exceed 180 days each, waive the application of sanctions or restrictions imposed with respect to a foreign person under this section if the President certifies to the appropriate congressional committees not later than 15 days before such waiver is to take effect that the waiver is vital to the national interest of the United States. (f) Regulations.-- (1) In general.--The President shall, not later than 180 days after the date of the enactment of this Act, prescribe regulations as necessary for the implementation of this Act. (2) Notification to congress.--Not later than 10 days before the prescription of regulations under paragraph (1), the President shall notify the appropriate congressional committees regarding the proposed regulations and the provisions of this Act that the regulations are implementing. (g) Implementation.--The President may exercise all authorities provided under sections 203 and 205 of the International Emergency Economic Powers Act (50 U.S.C. 1702 and 1704) to carry out this Act. (h) Penalties.--The penalties provided for in subsections (b) and (c) of section 206 of the International Emergency Economic Powers Act (50 U.S.C. 1705) shall apply to a person that violates, attempts to violate, conspires to violate, or causes a violation of regulations prescribed to carry out this Act to the same extent that such penalties apply to a person that commits an unlawful act described in subsection (a) of such section 206. (i) Termination of Sanctions.--The President may terminate the application of sanctions under this section with respect to a foreign person if the President determines and reports to the appropriate congressional committees not later than 15 days before the termination of the sanctions that-- (1) credible information exists that the foreign person did not engage in the activity for which sanctions were imposed; (2) the foreign person has been prosecuted appropriately for the activity for which sanctions were imposed; or (3) the foreign person has credibly demonstrated a significant change in behavior, has paid an appropriate consequence for the activity for which sanctions were imposed, and has credibly committed to not engage in an activity described in subsection (a)(1) in the future. (j) Sunset.--The authority to impose sanctions under this section shall terminate on the date that is five years after the date of enactment of this Act. SEC. 4. CONSIDERATION OF CERTAIN INFORMATION IN IMPOSING SANCTIONS. (a) In General.--Not later than 60 days after receiving a request from the chairman and ranking member of one of the appropriate congressional committees with respect to whether a person, foreign person, or foreign financial institution, as the case may be, meets the criteria described in this Act, Executive Order 14033 (86 Fed. Reg. 31079; relating to blocking property and suspending entry into the United States of certain persons contributing to the destabilizing situation in the Western Balkans), or any Executive order issued pursuant to this Act or under the Balkans regulatory regime, the President shall-- (1) determine if the person, foreign person, or foreign financial institution, as the case may be, meets such criteria; and (2) submit a classified or unclassified report to such chairman and ranking member with respect to such determination that includes a statement of whether or not the President imposed or intends to impose sanctions with respect to such person, foreign person, or foreign financial institution. (b) Sunset.--This section shall terminate on the date that is five years after the date of enactment of this Act. SEC. 5. EXCEPTION FOR IMPORTATION OF GOODS. (a) Exception Relating to Importation of Goods.--The authorities and requirements to impose sanctions under this Act shall not include the authority or requirement to impose sanctions on the importation of goods. (b) Good Defined.--In this section, the term ``good'' means any article, natural or man-made substance, material, supply, or manufactured product, including inspection and test equipment, and excluding technical data. SEC. 6. DEFINITIONS. In this Act: (1) Admitted; alien.--The terms ``admitted'' and ``alien'' have the meanings given those terms in section 101 of the Immigration and Nationality Act (8 U.S.C. 1101). (2) Appropriate congressional committees.--The term ``appropriate congressional committees'' means-- (A) the Committee on Foreign Affairs and the Committee on Financial Services of the House of Representatives; and (B) the Committee on Foreign Relations and the Committee on Banking, Housing, and Urban Affairs of the Senate. (3) Correspondent account; payable-through account.--The terms ``correspondent account'' and ``payable-through account'' have the meanings given those terms in section 5318A of title 31, United States Code. (4) Dayton peace agreement.--The term ``Dayton Peace Agreement'', also known as the ``Dayton Accords'', means the General Framework Agreement for Peace in Bosnia and Herzegovina, initialed by the parties in Dayton, Ohio, on November 21, 1995, and signed in Paris on December 14, 1995. (5) Foreign financial institution.--The term ``foreign financial institution'' has the meaning of that term as determined by the Secretary of the Treasury by regulation. (6) Foreign person.--The term ``foreign person'' means a person that is not a United States person. (7) Illegal parallel institution.--The term ``illegal parallel institution'' means an agency, structure, or instrumentality at the Republika Srpska entity level that disrupts the authority of the state-level institutions of Bosnia and Herzegovina and undermines its constitutional order. (8) Knowingly.--The term ``knowingly'', with respect to conduct, a circumstance, or a result, means that a person has actual knowledge, or should have known, of the conduct, the circumstance, or the result. (9) Person.--The term ``person'' means an individual or entity. (10) United states person.--The term ``United States person'' means-- (A) a United States citizen or an alien lawfully admitted to the United States for permanent residence; (B) an entity organized under the laws of the United States or any jurisdiction within the United States, including a foreign branch of such an entity; or (C) any person in the United States. SEC. 7. DETERMINATION OF BUDGETARY EFFECTS. The budgetary effects of this Act, for the purpose of complying with the Statutory Pay-As-You-Go Act of 2010, shall be determined by reference to the latest statement titled ``Budgetary Effects of PAYGO Legislation'' for this Act, submitted for printing in the Congressional Record by the Chairman of the House Budget Committee, provided that such statement has been submitted prior to the vote on passage. The SPEAKER pro tempore. Pursuant to the rule, the gentleman from New Jersey (Mr. Malinowski) and the gentlewoman from Missouri (Mrs. Wagner) each will control 20 minutes. The Chair recognizes the gentleman from New Jersey. General Leave Mr. MALINOWSKI. Mr. Speaker, I ask unanimous consent that all Members may have 5 legislative days in which to revise and extend their remarks and include extraneous material on H.R. 8453, as amended. The SPEAKER pro tempore. Is there objection to the request of the gentleman from New Jersey? There was no objection. Mr. MALINOWSKI. Mr. Speaker, I yield myself such time as I may consume. Mr. Speaker, I rise today in support of H.R. 8453, the Upholding the Dayton Peace Agreement Through Sanctions Act. I thank Representatives Wild and Wagner for their dedicated efforts to introduce and move this important bill. Memories and horrific consequences of the Balkan wars of the 1990s are with us all, those of us who experienced that war in the region and those of us who worked on the ending of that war. I was one of those people. I was at the Dayton peace conference in 1995 as a young State Department staffer and remember how close we came to failure and the extraordinarily positive consequences of success: ending a war that claimed 200,000 lives, reaffirming the centrality and importance of American leadership in Europe and the importance of the NATO alliance, and keeping the peace in the transatlantic community. The fragile peace that we ushered in with the Dayton Accords was meant to leave the threats of ethnic nationalism and demagoguery in the past and to create a framework, as imperfect as it was, for cooperation and, ultimately, the integration of those countries into European institutions. Well, some of those young countries have done as we hoped. They successfully moved toward and integrated into the European Union and NATO. Some have struggled on that path but are still striving for a democratic and prosperous future. Some of the problems that they still experience are internal of their own making, but others are coming from outside actors, particularly Russia and China, who see an interest and an opportunity to keep these countries in chaos and limbo. [[Page H7895]] In 2 weeks, the people of Bosnia will head to the polls in decisive elections that will determine their country's fate. However, in the lead-up to and following the elections, there will be temptations to break away from the Dayton Accords and the spirit of peace and partnership that they represent. The citizens of Bosnia deserve better from their leadership. This legislation, which the House Committee on Foreign Affairs marked up in July, is designed to hold the bad actors holding Bosnia back accountable and to prevent others from hurting that country's chances to enjoy a free and democratic future. As we are learning from Putin's cruel and unjustified war on the people and the very idea of Ukraine, peace and democracy are not guaranteed but must be fostered and protected always. Mr. Speaker, I reserve the balance of my time. Mrs. WAGNER. Mr. Speaker, I yield myself such time as I may consume. Mr. Speaker, I rise in strong support of H.R. 8453, the Upholding the Dayton Peace Agreement Through Sanctions Act, my bipartisan bill codifying key sanctions authorities that will help the United States stave off a serious crisis in Bosnia and Herzegovina. The country is headed into important general elections in just a few short weeks on October 2, and time is running out to send a strong deterrent message to bad actors intent on destabilizing the country. Bosnia's democratic institutions, its territorial integrity, even the Office of the High Representative, the independent body tasked with implementing the Dayton Accords, are all at risk. Peace in Bosnia came at a very steep price. Those who would threaten the very foundations of the country must be held accountable. The reckless secessionism and destabilizing actions of ethnonationalist politicians like Milorad Dodik, the Serb member of Bosnia's tripartite presidency, are extremely dangerous. The October elections could be a critical flash point. {time} 1430 It worries me tremendously to see Serb and Croat nationalist parties, with the support of the ruthless Putin regime, working to roll back the progress Bosnia has made. We have a strong and vibrant Bosnian community in my hometown of St. Louis, Missouri. Many of my constituents fled to the city during and after the 1992 and 1995 Bosnian war in which more than 100,000--200,000 lost their lives. My constituents want to see their homeland prosper as a unified, sovereign, and multi-ethnic state. I cannot imagine the heartache they must feel when Dodik denies the horrifying genocide committed by Serb troops against Bosniak Muslims at Srebrenica, or when he threatens to lead the dissolution of Bosnia. These actions are offensive to those who lost loved ones in the Bosnian war, and they are profoundly dangerous to Bosnia's future. It is imperative, Mr. Speaker, that the United States wield our economic toolkit to deter threats to Bosnian sovereignty and territorial integrity as the country navigates these challenges. H.R. 8453 codifies and mandates key sanctions authorities to address the political crisis and corruption in Bosnia. Ahead of the country's October general election, this bill sends a critical signal to local officials engaging in destabilizing and anti-democratic behavior, and to Russia for its destructive influence, that the United States will hold them accountable. At this volatile moment, Bosnians need the United States House of Representatives to stand in unequivocal support of their peaceful, democratic future. I appreciate the chair and ranking member's swift attention to this urgently needed bill that I have the great honor of putting forward. I also thank Representative Wild for working with me on this legislation. I urge my colleagues to join me in supporting H.R. 8453, the Upholding the Dayton Peace Agreement Through Sanctions Act. Mr. Speaker, I reserve the balance of my time. Mr. MALINOWSKI. Mr. Speaker, I reserve the balance of my time. Mrs. WAGNER. Mr. Speaker, I yield myself such time as I may consume. Mr. Speaker, in closing, I thank Representative Wild for working with me on this important legislation. And as a guarantor of the Dayton Peace Agreement, the United States cannot stand by while Bosnia and Herzegovina are threatened by destabilizing ethnonationalist forces and Russia's destructive influence. This legislation sends an unmistakable message to any actor that threatens the peace, security, and stability, or territorial integrity of Bosnia. If such destabilizing behavior is not ceased, he or she will be sanctioned. These sanctions will not be considered, nor deliberated over, but mandated. With the country's October election less than a month away, the time for the U.S. House of Representatives to act is now. I urge my colleagues to join me in supporting this bill. Mr. Speaker, I yield back the balance of my time. Mr. MALINOWSKI. Mr. Speaker, I yield myself such time as I may consume for the purpose of closing. Mr. Speaker, H.R. 8453, Upholding the Dayton Peace Agreement Through Sanctions Act, will help prevent malevolent actors from undermining peace and stability in Bosnia, to protect that country's free and democratic future from efforts to unravel the Dayton Accords. The progress made since the devastating Balkan wars of the 1990s must be preserved. Efforts to provoke tensions must not and will not be tolerated by the United States. Russia's war of choice in Ukraine has showed us the consequences of a land war in Europe in the 21st century. We cannot allow anything remotely similar to happen in the Balkans, and I am confident that Congress and the administration will work together to prevent that. I once again thank my colleagues, Representatives Wild and Wagner, for introducing H.R. 8453, and I hope my colleagues will join us in supporting this bill. Mr. Speaker, I yield back the balance of my time. The SPEAKER pro tempore. The question is on the motion offered by the gentleman from New Jersey (Mr. Malinowski) that the House suspend the rules and pass the bill, H.R. 8453, as amended. The question was taken. The SPEAKER pro tempore. In the opinion of the Chair, two-thirds being in the affirmative, the ayes have it. Mr. ROSENDALE. Mr. Speaker, on that I demand the yeas and nays. The yeas and nays were ordered. The SPEAKER pro tempore. Pursuant to clause 8 of rule XX, further proceedings on this motion will be postponed. ____________________