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

H.R. 4723 is a bill that lets the U.S. government give punishments to people from other countries who try to mess up the peace and safety of Bosnia and Herzegovina, like stopping them from coming to the U.S. or freezing their money. The President can decide who gets punished, but some rules are a bit confusing about how and why this happens.

Summary AI

H.R. 4723 is aimed at strengthening the United States' response to individuals who undermine the Dayton Peace Agreement or threaten the security of Bosnia and Herzegovina. The bill requires the President to identify and impose sanctions on foreign persons responsible for actions against democratic institutions or peace agreements within Bosnia and Herzegovina. It outlines specific penalties, such as blocking property and prohibiting visa entry to the United States for those listed. The Act also urges collaboration with international allies to address stability issues in Bosnia and Herzegovina and permits exceptions for humanitarian aid and essential imports.

Published

2024-03-20
Congress: 118
Session: 2
Chamber: SENATE
Status: Referred in Senate
Date: 2024-03-20
Package ID: BILLS-118hr4723rfs

Bill Statistics

Size

Sections:
7
Words:
3,363
Pages:
17
Sentences:
49

Language

Nouns: 974
Verbs: 248
Adjectives: 184
Adverbs: 39
Numbers: 112
Entities: 177

Complexity

Average Token Length:
4.38
Average Sentence Length:
68.63
Token Entropy:
5.27
Readability (ARI):
37.12

AnalysisAI

The Act known as the “Upholding the Dayton Peace Agreement Through Sanctions Act” aims to address instability in Bosnia and Herzegovina by targeting foreign individuals who undermine the Dayton Peace Agreement, a pivotal treaty for peace in the region. The bill empowers the President of the United States to implement sanctions against these individuals, with the intention of supporting Bosnia and Herzegovina's territorial integrity and encouraging Euro-Atlantic integration.

General Summary of the Bill

This legislative measure seeks to further the United States' commitment to peace in the Balkans by imposing sanctions on foreign individuals or entities that undermine Bosnia and Herzegovina's stability. The bill mandates the President to regularly identify such individuals and enact penalties that include freezing assets and denying entry to the U.S. Moreover, the bill advocates for coordination with international partners and reinforces existing sanctions related to the Western Balkans.

Summary of Significant Issues

One of the bill's primary concerns is the broad discretion it grants to the President in identifying and sanctioning individuals. The lack of explicit criteria or oversight mechanisms raises potential issues of arbitrariness. Furthermore, the bill allows the President to waive these sanctions for reasons of national security, which might lead to inconsistent application and possible abuse of this power. The language regarding policy goals in Section 2 is also noted for its vagueness, potentially making enforcement challenging. Additionally, the sunset clause lacks clarity about which parts of the Act it affects, contributing to potential confusion about its duration and scope.

Impact on the Public

The bill's impact on the general public largely hinges on its effectiveness in stabilizing Bosnia and Herzegovina, which could have positive ripple effects on international security. For the American public, demonstrating a commitment to international peace could enhance national security and maintain the government's global reputation as a supporter of peace agreements. However, if the measures are perceived as heavy-handed or arbitrary, they might lead to diplomatic tensions that could indirectly affect international relationships and, consequently, broader economic or political interactions.

Impact on Specific Stakeholders

Among those most affected by this bill are foreign individuals and entities in or connected to the Western Balkans, especially those engaged in activities perceived as destabilizing to Bosnia and Herzegovina. The sanctions could have significant personal and financial repercussions for such individuals, essentially altering or halting their ability to interact economically or socially with U.S. entities. For multinational organizations and businesses with operations in the Balkans, these sanctions could introduce complexities in compliance and due diligence, potentially affecting investments and operations in the region. Conversely, stakeholders like human rights organizations might view the bill favorably, seeing it as a tool for peace enforcement and accountability. However, they might also scrutinize the potential for these sanctions to affect humanitarian aid, despite the specified exceptions.

In conclusion, the "Upholding the Dayton Peace Agreement Through Sanctions Act" presents a robust international policy tool that aims to preserve peace in Bosnia and Herzegovina through the strategic use of sanctions. Nevertheless, its efficacy and fairness will depend on the implementation of clearly defined processes and careful adherence to its outlined exceptions, which require thorough monitoring and evaluation over time.

Issues

  • The procedures for determining and listing foreign persons under the sanctions in Section 3 offer significant discretion to the President without requiring explicit criteria or an oversight mechanism. This could potentially lead to arbitrary decisions, raising important legal and ethical concerns.

  • Section 3 grants the President the authority to waive sanctions on a case-by-case basis if deemed vital to national security interests. The lack of rigorous checks and balances could allow for abuse of this power, which is a significant political and legal issue.

  • In Section 3, the provision for 'significant change in behavior' for the termination of sanctions is vague and subjective, lacking clear metrics or benchmarks. This subjectivity could lead to various interpretations and lack of accountability, posing legal and ethical risks.

  • The language in Section 2 is often vague, with terms like 'robust use of targeted sanctions' and 'common-sense reforms,' which might lead to ineffectiveness in policy enforcement and raises ethical questions regarding clarity and public understanding.

  • Several exceptions are detailed in Section 3, such as those related to humanitarian assistance, which involve dense and complex language. This could hinder accessibility and comprehension for stakeholders, posing ethical and communication challenges.

  • Section 4 seeks to codify existing sanctions relating to the Western Balkans through Executive Orders. It requires careful legal scrutiny to ensure that this codification does not unfairly target or benefit particular groups or individuals.

  • Section 3 deals with additional measures involving financial institutions, potentially leading to significant financial repercussions for involved entities, which requires close monitoring for ethical and financial transparency.

  • The sunset clause in Section 7 does not specify to which authorities it applies, leading to potential ambiguity. This could cause confusion about the timing and application of the Act's termination, raising legal clarity issues.

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.