Overview
Title
An Act 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.
ELI5 AI
The bill wants to punish certain people from other countries who try to mess up the peace or hurt the safety of Bosnia and Herzegovina by taking away their things in America and not letting them visit. The U.S. President will make a list of these people, but there are special rules for helping with things like emergencies.
Summary AI
H.R. 4723 proposes sanctions against foreign individuals who undermine the Dayton Peace Agreement or threaten the security of Bosnia and Herzegovina. The bill calls for the U.S. President to regularly provide a list of such individuals and to block their U.S.-based property and deny them visas. It also includes exceptions for intelligence and humanitarian activities. Additionally, the bill codifies existing sanctions under certain Executive Orders relating to the Western Balkans.
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AnalysisAI
The bill titled "Upholding the Dayton Peace Agreement Through Sanctions Act" is a legislative proposal aimed at maintaining peace and stability in Bosnia and Herzegovina by imposing sanctions on foreign individuals who undermine the Dayton Peace Agreement. This agreement, which was signed in 1995, ended the Bosnian War, and the bill seeks to enforce its terms by identifying and penalizing individuals and entities that threaten the peace and stability of Bosnia and Herzegovina.
General Summary
The Act outlines several key policies of the United States toward Bosnia and Herzegovina, focusing on supporting the country's sovereignty and encouraging its integration with Euro-Atlantic institutions. It authorizes the President to create and update a list of foreign individuals every 180 days who are seen as threats to peace in the region. Sanctions may include blocking property within the U.S. and denying entry visas. Exceptions are provided for humanitarian assistance and national security activities. The Act will expire seven years after its enactment, unless renewed or extended.
Significant Issues
A number of issues have been identified in the bill. Firstly, the President has significant discretion to determine who should be sanctioned without explicit criteria or a formal oversight mechanism, which could potentially lead to arbitrary decision-making. Furthermore, the President has the ability to waive sanctions for national security reasons, but this power lacks checks and balances, raising concerns about possible misuse.
Another issue is the lack of clearly defined metrics for determining a "significant change in behavior," which is necessary for the termination of sanctions. This could result in inconsistent application of sanctions. Additionally, some definitions, such as that of a "foreign financial institution," are left subject to interpretation by government officials, potentially leading to ambiguities.
The language throughout the document is legalistic and relies heavily on existing Executive Orders and other legal references, which may make it difficult for non-experts to understand the full implications. There is also no clear mechanism for monitoring or evaluating the effectiveness of the policy objectives set out in the Act.
Impact on the Public
Broadly, the bill aims to uphold international peace agreements, which could contribute to global stability, something that indirectly benefits the international community, including the United States. However, the ambiguities and discretionary powers in how the bill will be implemented could potentially lead to concerns over transparency and fairness in foreign policy actions.
Impact on Stakeholders
General Public: They may benefit from increased regional stability, as political and economic instability in one part of the world can often have ripple effects globally. However, the lack of transparency could lead to public skepticism about the efficacy and fairness of the sanctions.
Targeted Individuals and Entities: Foreign individuals and entities found to undermine the Dayton Peace Agreement could face significant financial and travel sanctions. This may impact their personal and business operations, as well as their reputation internationally.
Government and Policy-makers: While the bill gives the executive branch tools to enforce international peace, the significant discretion without oversight could lead to potential misuse of power, necessitating careful management to balance national interests with fairness and transparency.
Human Rights Organizations: These groups might be wary of the broad powers granted and the lack of specific criteria for sanctioning individuals but may appreciate the focus on international human rights rulings.
Overall, while the Act aims to reinforce peace in Bosnia and Herzegovina through international sanctions, it necessitates careful consideration of the balance between effective enforcement and respect for due process and transparency.
Issues
The President is granted significant discretion to determine and list foreign persons under sanctions without explicit criteria or an oversight mechanism (Section 3). This could lead to arbitrary decisions and may be subject to abuse.
The waiver provision allows the President to waive sanctions if deemed vital to national security interests but lacks rigorous checks and balances to prevent potential misuse (Section 3(e)).
The undefined metrics for 'significant change in behavior' for the termination of sanctions could lead to subjective and inconsistent applications of the law (Section 3(i)(3)).
The definition of 'foreign financial institution' is left to the discretion of the Secretary of the Treasury, which could lead to ambiguity and changeable definitions (Section 6(5)).
The section outlining exceptions for humanitarian aid is densely worded and might be clarified to ensure ease of understanding and prevent misinterpretation (Section 3(d)).
The requirement for notifying Congress 10 days before prescribing regulations lacks clarity on the specifics of the notification process (Section 3(f)(2)).
The legislation relies heavily on references to Executive Orders and other legal documents, which may make it challenging for those not familiar with these documents to fully understand implications (Section 5).
The broad definition of 'foreign person' as any person not a United States person could lead to overly expansive interpretations (Section 6(6)).
There is no mention of how the policy objectives outlined in Section 2 will be monitored or evaluated for effectiveness, which could lead to lack of accountability.
The dense, legalistic language throughout the document could be difficult for non-experts to interpret, potentially limiting transparency and public understanding (Several sections).
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 the Act states that it will be known as the “Upholding the Dayton Peace Agreement Through Sanctions Act.”
2. Statement of policy Read Opens in new tab
Summary AI
The section outlines the United States' policy towards supporting Bosnia and Herzegovina's sovereignty and stability. It emphasizes backing their Euro-Atlantic integration and imposing targeted sanctions against actions undermining peace in the region, while encouraging implementation of human rights rulings and urging collaboration with European and regional partners.
3. Imposition of sanctions with respect to foreign persons undermining the Dayton Peace Agreement or threatening the security of Bosnia and Herzegovina Read Opens in new tab
Summary AI
The bill section outlines sanctions against foreign individuals undermining the Dayton Peace Agreement or destabilizing Bosnia and Herzegovina. It empowers the President to create a list of such individuals every 180 days and impose penalties like blocking property and denying U.S. entry, while providing exceptions for humanitarian aid and national security.
4. Codification of sanctions relating to the Western Balkans Read Opens in new tab
Summary AI
Each sanction from certain Executive orders against individuals impacting stability in the Western Balkans will continue unless the President decides otherwise. The President can stop these sanctions if a person ceases their harmful activities and promises not to restart them, but this law does not introduce any new rules regarding goods importation sanctions.
5. Consideration of certain information in imposing sanctions Read Opens in new tab
Summary AI
The section requires the President to determine, within 60 days of a request from certain congressional leaders, if a person or foreign entity meets the criteria for sanctions as outlined in specific sections of law or executive orders, and then report back on the decision, including whether sanctions will be imposed. This requirement will end five years after the Act is enacted.
6. Definitions Read Opens in new tab
Summary AI
This section provides definitions for several terms used in the Act, including specific meanings for "admitted," "alien," "appropriate congressional committees," and others like "correspondent account," "Dayton Peace Agreement," "foreign financial institution," and "United States person." These definitions help clarify the terms for proper interpretation within the legal context of the legislation.
7. Sunset Read Opens in new tab
Summary AI
The Act and the powers it grants will expire 7 years after it becomes law.