Overview
Title
An Act To prohibit any official action to recognize or normalize relations with any Government of Syria that is led by Bashar al-Assad, and for other purposes.
ELI5 AI
The bill says that the U.S. will not be friends with Syria as long as Bashar al-Assad is in charge because he's been bad to his people. It also tries to stop people from secretly helping him with money by making rules and checks.
Summary AI
H.R. 3202 is a bill titled "Assad Regime Anti-Normalization Act of 2023," which aims to prevent the U.S. from recognizing or normalizing relations with any Syrian government led by Bashar al-Assad due to his regime's actions against the Syrian people. It modifies and extends the Caesar Syria Civilian Protection Act to impose sanctions on individuals and entities associated with the Assad regime. The bill also requires a strategy to counter international efforts to form ties with the Assad-led government and mandates reports on the regime's influence over United Nations operations in Syria. The Act emphasizes using the existing U.S. sanctions framework and diplomatic strategies to deter reconstruction activities in Assad-controlled areas.
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AnalysisAI
General Summary of the Bill
The "Assad Regime Anti-Normalization Act of 2023," formally known as H. R. 3202, aims to maintain a firm stance against recognizing or normalizing relations with the government of Syria led by Bashar al-Assad. The bill refines and extends the Caesar Syria Civilian Protection Act of 2019, chiefly by altering sanctions, extending its enforcement duration, and expanding the criteria under which sanctions may be imposed. Furthermore, the legislation stipulates that the Secretary of State report on foreign efforts to engage with Assad's regime and ensure United Nations aid is not manipulated by the said regime. The act articulates the United States' continued disapproval of Assad's government due to ongoing human rights abuses.
Summary of Significant Issues
There are several significant issues identified within the bill. The provision allowing the President to impose sanctions based on "clear and convincing evidence" may lead to disputes and possible legal challenges due to debates over the standard of evidence. Furthermore, the definition of "commercial financial services" transactions exceeding $5,000,000 potentially leaves the door open for significant transactions below this threshold to go unchecked, undermining sanction effectiveness.
Ambiguities in language, such as phrases like "purposefully engages in or directs the diversion of goods," could lead to inconsistent enforcement, while broad definitions like that of a "covered transaction" might result in inefficiencies or misinterpretations. Additionally, the lack of detailed funding frameworks in some sections raises concerns about financial oversight and potential waste.
Impact on the Public
The bill could impact the public by ensuring that U.S. policy remains firm against normalizing relations with the Assad regime, potentially influencing international diplomatic attitudes and practices. By preventing any recognition of Assad's government, the legislation aims to uphold human rights and international law. However, public concern could arise if administrative costs increase, especially as the enforcement of sanctions might become burdensome without clear funding allocations.
Impact on Specific Stakeholders
Positive Impacts:
Human Rights Advocates: The bill reinforces the U.S. commitment to human rights by maintaining sanctions against a regime accused of serious violations. It aims to withhold recognition and support of a government accused of atrocities.
Opposition Groups in Syria: The legislation potentially supports opposition groups by limiting Assad's regime's international legitimacy and engagement opportunities, helping bolster political alternatives within Syria.
Negative Impacts:
Foreign Policy Officials: Officials might face increased diplomatic challenges as they are tasked with countering attempts by other governments to normalize relations with Syria, which could strain international relations.
Business Entities: Companies, particularly those involved in significant transactions related to Syria, may face confusion or penalties due to ambiguities in the bill's language and definitions of financial actions subject to sanctions.
Overall, while the bill strives to back the overarching goal of preventing the normalization of a government accused of human rights abuses, stakeholders must navigate its complexities, which may introduce administrative hurdles or diplomatic dilemmas.
Financial Assessment
In the bill titled "Assad Regime Anti-Normalization Act of 2023," various sections include references to financial aspects, which raise several considerations and potential issues.
Section 2: Modifications to the Caesar Syria Civilian Protection Act
Commercial Financial Services Definition: The bill defines "commercial financial services" as any transaction that involves the Syrian government and foreign financial institutions operating in areas controlled by Syria, with a valuation of more than $5,000,000. This threshold implies that transactions below this amount may not be subject to the same scrutiny, potentially allowing significant operations to slip through the cracks and undermine the intent of the sanctions to curtail financial support to the Assad regime.
Sanctions Scope and Application: A series of financial sanctions can be imposed on those who engage in large economic transactions or provide support exceeding significant amounts. There is a concern about whether current definitions are sufficiently robust to capture all necessary transactions or if gaps leave room for evasion. The high threshold and general conditions might cause inconsistencies in applying financial sanctions, which could lead to legal challenges over the standards of evidence required.
Section 4: Interagency Strategy to Counter Normalization
Monetary Threshold for Transactions: The requirement to list and assess covered transactions includes those exceeding $500,000. This illustrates a concerted effort to scrutinize substantial financial interactions with the Assad regime. These financial ceilings potentially limit the evaluation to more visible transactions, excluding smaller yet significant economic activities that cumulatively affect U.S. sanctions’ effectiveness.
Undefined Funding for Reporting: The bill mandates comprehensive reports and strategies regarding foreign normalization with the Assad regime. However, it lacks specifics on funding allocations to support these activities. This absence of detailed financial directives could lead to inefficiencies and complicate fiscal oversight, with the possibility of underestimating the resources needed to prepare these reports and strategies.
General Considerations
- Broad and Complex Definitions: The bill involves a broad definition of financial interactions without specific exclusion criteria, which might induce inefficiency and ambiguity in enforcement. Specifically, the lack of precise definitions regarding "covered transactions" could cause complications when determining which financial activities warrant closer investigation and potential sanction enforcement.
Overall, the bill attempts to leverage financial scrutiny as a mechanism to apply pressure on the Assad regime and its international supporters. However, the defined financial thresholds and lack of explicit funding details for key reporting tasks may present challenges in achieving full efficacy and accountability, suggesting potential areas where more precise language and specific financial provisions could enhance the bill’s impact.
Issues
The amendment in Section 2 that allows the President to impose sanctions based on 'clear and convincing evidence' may lead to disputes over whether the standard of evidence is met, potentially resulting in legal challenges or diplomatic tensions.
In Section 2, the definition of 'commercial financial services' as transactions over $5,000,000 might allow significant transactions below this amount to escape scrutiny, which could undermine the effectiveness of the sanctions.
The ambiguity in language such as 'purposefully engages in or directs the diversion of goods' in Section 2 could lead to inconsistent application or enforcement of sanctions.
Section 2 includes a severability clause, which implies constitutional concerns that raise questions about the legality and enforceability of certain provisions of the bill.
The requirement in Section 2 for the President to determine and report on foreign person activities within 120 days of a congressional request may impose significant time and resource constraints on the administration.
Section 3's lack of specificity about what constitutes 'reconstruction activities' could lead to varied interpretations and enforcement challenges.
The broadly defined 'covered transaction' in Section 4 might lead to ambiguity and inefficiency by including a wide range of financial interactions without specific exclusion criteria.
The absence of specific funding details in Section 4 makes it difficult to assess the potential for wasteful spending, raising concerns about financial oversight.
The complex language and numerous legal references throughout the bill, especially in Sections 4 and 5, might be difficult for broader audiences and stakeholders to understand, limiting transparency and accessibility.
Sections
Sections are presented as they are annotated in the original legislative text. Any missing headers, numbers, or non-consecutive order is due to the original text.
1. Short title Read Opens in new tab
Summary AI
The first section of this act provides its name, allowing it to be referred to as the "Assad Regime Anti-Normalization Act of 2023".
2. Modifications to the Caesar Syria Civilian Protection Act Read Opens in new tab
Summary AI
The text outlines amendments to the Caesar Syria Civilian Protection Act, mainly enhancing sanctions against foreign individuals supporting the Syrian government, extending the Act's duration to 2032, and requiring the President to evaluate sanctions applicability to certain Syrian organizations and airlines. It also includes definitions and clarifications on transactions and services subject to sanctions.
Money References
- is amended— (1) in subsection (a)— (A) in paragraph (1), by striking “the President shall impose” and all that follows through the end of the paragraph and inserting “the President—” “(A) shall impose the sanctions described in subsection (b) with respect to a foreign person that the President determines— “(i) knowingly engages, on or after such date of enactment, in an activity described in paragraph (2); “(ii) is an adult family member of a foreign person described in clause (i), unless the President determines there is clear and convincing evidence that such adult family member has disassociated themselves from the foreign person described in such clause and has no history of helping such foreign person conceal assets; or “(iii) is owned or controlled by a foreign person described in clause (i) or (ii); and “(B) may impose the sanctions described in subsection (b) with respect to a foreign person that the President determines knowingly provides, on or after such date of enactment, significant financial, material, or technological support to a foreign person engaging in an activity described in any of subparagraphs (B) through (H) of paragraph (2);”. (B) in paragraph (2)— (i) in subparagraph (A)— (I) by amending clause (i) to read as follows: “(i) the Government of Syria (including any entity owned or controlled by the Government of Syria), a senior political figure of the Government of Syria, a member of the People’s Assembly of Syria, or a senior foreign political figure (as such term is defined in section 101.605 of title 31, Code of Federal Regulations) of the Arab Socialist Ba’ath Party of Syria, including any such senior foreign political figure who is— “(I) a member of the Central Command, Central Committee, or Auditing and Inspection Committee of such Party; or “(II) a leader of a local branch of such Party;”; (II) in clause (ii), by striking “; or” and inserting a semicolon; (III) in clause (iii), by striking the semicolon and inserting “; or”; and (IV) by adding at the end the following new clause: “(iv) Syria Arab Airlines, Cham Wings, or any foreign person owned or controlled by Syria Arab Airlines or Cham Wings;”; (ii) by amending subparagraph (C) to read as follows: “(C) knowingly sells or provides aircraft or spare aircraft parts— “(i) to the Government of Syria; or “(ii) for or on behalf of the Government of Syria to any foreign person operating in an area directly or indirectly controlled by the Government of Syria or foreign forces associated with the Government of Syria;”; (iii) in subparagraph (D), by striking “; or” and inserting a semicolon; (iv) in subparagraph (E)— (I) by striking “construction or engineering services” and inserting “construction, engineering, or commercial financial services”; and (II) by striking the closing period and inserting a semicolon; and (v) by adding at the end the following new subparagraphs: “(F) purposefully engages in or directs— “(i) the diversion of goods (including agricultural commodities, food, medicine, and medical devices), or any international humanitarian assistance, intended for the people of Syria; or “(ii) the dealing in proceeds from the sale or resale of such diverted goods or international humanitarian assistance, as the case may be; “(G) knowingly, directly or indirectly, engages in or attempts to engage in, the seizure, confiscation, theft, or expropriation for personal gain or political purposes of property, including real property, in Syria or owned by a citizen of Syria; “(H) knowingly, directly or indirectly, engages in or attempts to engage in a transaction or transactions for or with such seized, confiscated, stolen, or expropriated property described in subparagraph (G); or “(I) knowingly provides significant financial, material, or technological support to a foreign person engaging in an activity described in subparagraph (A).”; and (C) by adding at the end the following new paragraphs: “(4) TRANSACTION DEFINED.—For purposes of the determination required by subparagraph (a)(2)(A), the term ‘transaction’ includes in-kind transactions. “(5) ADDITIONAL DEFINITIONS.—In this section: “(A) COMMERCIAL FINANCIAL SERVICES.—The term ‘commercial financial services’ means any transaction between the Government of Syria and a foreign bank or foreign financial institution operating in an area under the control of the Government of Syria that has a valuation of more than $5,000,000. “(B) FINANCIAL INSTITUTION.—The term ‘financial institution’ means a financial institution specified in any of subparagraphs (A) through (K), (M), (N), (P), (R), (T), (Y), or (Z) of section 5312(a)(2) of title 31, United States Code.
3. Prohibition of recognition of Assad regime Read Opens in new tab
Summary AI
The section outlines that the U.S. policy is to neither recognize nor normalize relations with the Syrian government led by Bashar al-Assad, due to its ongoing crimes against Syrians. It prohibits any federal actions or use of federal funds that imply recognition of Assad's government and emphasizes the use of sanctions to oppose such recognition by other governments.
4. Interagency strategy to counter normalization with Assad regime Read Opens in new tab
Summary AI
The bill requires the Secretary of State to submit a yearly report for five years detailing steps the U.S. is taking to counter foreign governments' efforts to establish stronger ties with Bashar al-Assad's regime in Syria. This includes reporting on human rights abuses, listing diplomatic meetings, evaluating significant financial transactions for possible sanctions, and assessing the impact on U.S. national security.
Money References
- (2) ELEMENTS.—The elements of the report under paragraph (1) shall include— (A) a description of violations of international law and human rights abuses committed by Bashar al-Assad, the Government of the Russian Federation, or the Government of Iran and progress towards justice and accountability for the Syrian people; (B) a full list of diplomatic meetings at the Ambassador level or above, between the Syrian regime and any representative of the Governments of Turkey, the United Arab Emirates, Egypt, Jordan, Iraq, Oman, Bahrain, Kuwait, the Kingdom of Saudi Arabia, Tunisia, Algeria, Morocco, Libya, or Lebanon, respectively; (C) a list including an identification of— (i) any single covered transaction exceeding $500,000; and (ii) any combination of covered transactions by the same source that, in aggregate, exceed $500,000 and occur within a single year; (D) for each identified single transaction or aggregate transactions, as the case may be, included in the list described in subparagraph (C), a determination of whether such transaction subjects any of the parties to the transaction to sanctions under the Caesar Syria Civilian Protection Act of 2019, as amended by section 2; (E) a description of the steps the United States is taking to actively deter recognition or normalization of relations by other governments with the Assad regime, including specific diplomatic engagements and use of economic sanctions authorized by statutes or implemented through Executive orders, including— (i) the Caesar Syria Civilian Protection Act of 2019 (22 U.S.C. 8791 note); (ii) the Syria Accountability and Lebanese Sovereignty Restoration Act (22 U.S.C. 2151 note); (iii) the Comprehensive Iran Sanctions, Accountability, and Divestment Act of 2010 (22 U.S.C. 8501 et seq.); (iv) Executive Order No. 13894 (84 Fed. Reg. 55851; relating to blocking property and suspending entry of certain persons contributing to the situation in Syria); (v) the Global Magnitsky Human Rights Accountability Act (22 U.S.C. 10101 et seq.); (vi) the Countering America’s Adversaries Through Sanctions Act (22 U.S.C. 9401 et seq.); and (vii) the Foreign Narcotics Kingpin Designation Act (21 U.S.C. 1901 et seq.); and (F) an assessment of how recognition or normalization of relations by other governments with the Assad regime impacts the national security of the United States, prospects for implementation of the United Nations Security Council Resolution 2254, prospects for justice and accountability for war crimes in Syria, and the benefits derived by the Government of the Russian Federation or the Government of Iran. (b) Scope.—The initial report required by subsection (a) shall address the period beginning on January 1, 2021, and ending on the date of the enactment of this Act, and each subsequent report shall address the one-year period following the conclusion of the scope of the prior report. (c) Form.—Each report under subsection (a) shall be submitted in an unclassified form, but may contain a classified annex.
5. Reports on manipulation of United Nations by Assad regime in Syria Read Opens in new tab
Summary AI
The section mandates that the Secretary of State submit annual reports for five years on how the Assad regime in Syria manipulates the United Nations. These reports should cover various aspects like imposed conditions on UN operations, potential beneficial ties to the regime, improper aid benefits, and propose strategies to reduce such manipulation, ensuring aid is delivered neutrally and impartially.