Legislation Would Sanction Countries That Aid Terrorists

24 January 2002

Legislation Would Sanction Countries That Aid Terrorists

Also would penalize countries that "fail to cooperate"

Two Republican lawmakers have submitted a bill that would "protect the United States and its allies" by imposing sanctions on "countries and entities that aid and abet individuals or entities engaged in terrorist activity."

Representative Lindsey Graham (Republican of South Carolina) introduced H.R. 3627, the "No Safe Harbor Act," January 24. Representative Porter Goss (Republican of Florida) co-sponsored the proposed legislation.

H.R. 3627 was referred to the House International Relations Committee, the House Ways and Means Committee, and the House Judiciary Committee for action.

In some of the starkest language to appear in legislation, H.R. 3627 declares that "harboring, supporting, or providing aid or protection to individuals or entities engaged in terrorist activity against the United States, its citizens, or its allies will be considered to be acts of aggression against the United States."

The bill also says that failing to assist the United States or its allies "in the identification, suppression, or prosecution of individuals or entities engaged in terrorist activity" will also be considered to be acts of aggression against the United States.

Among the sanctions the United States would be able to impose on a country harboring terrorists are economic embargo, denial of entry into the United States, and a prohibition of travel to the offending country.

The President would also be allowed to seize the assets of offending parties and use the money realized from those assets to pay the victims of international terrorism.

Goss, a former Central Intelligence Agency officer, is the chairman of the House Permanent Select Committee on Intelligence and vice chairman of the House Rules Committee. Graham's committee assignments include the House Armed Services Committee and the House Judiciary Committee. Graham is a veteran of the Gulf War.

Following is the text of H.R. 3627 from the Congressional Record:

No Safe Harbor Act Introduced in the House
HR 3627 IH
107th Congress 2d Session
H. R. 3627

To protect the United States and its allies by imposing sanctions on countries and entities that aid and abet individuals or entities engaged in terrorist activity or fail to cooperate in the war against terrorism, and for other purposes.

IN THE HOUSE OF REPRESENTATIVES

January 24, 2002

Mr. Graham (for himself and Mr. GOSS) introduced the following bill; which was referred to the Committee on International Relations, and in addition to the Committees on Ways and Means, and 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

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 `No Safe Harbor Act'.

SEC. 2. FINDINGS.

The Congress finds that--

harboring, supporting, or providing aid or protection to individuals or entities engaged in terrorist activity against the United States, its citizens, or its allies will be considered to be acts of aggression against the United States; and
failing to assist the United States or its allies in the identification, suppression, or prosecution of individuals or entities engaged in terrorist activity will be considered to be acts of aggression against the United States.

SEC. 2. IMPOSITION OF SANCTIONS.

(a) SANCTIONS- The President may impose the sanctions under subsection (b) on--

any country determined, for purposes of section 6(j) of the Export Administration Act of 1979 (50 U.S.C. App. 2405(j)), section 620A of the Foreign Assistance Act of 1961 (22 U.S.C. 2371), or section 40(d) of the Arms Export Control Act (22 U.S.C. 2780(d)), to be a country the government of which has repeatedly provided support for acts of international terrorism;
any country identified under section 40A of the Arms Export Control Act (22 U.S.C. 2781) to be a country not cooperating fully with United States antiterrorism efforts; and
any country or entity that the President determines--

(B) provides sanctuary for individuals or entities suspected of engaging in terrorist activity from prosecution in the United States or any of its allies;

(C) fails to extradite to the United States or any of its allies individuals or entities suspected of engaging in terrorist activity;

(D) allows individuals or entities to seek material support or resources (within the meaning of section 2339A(b) of title 18, United States Code), including raising funds, for groups that engage in terrorist activity;

(E) allows the recruitment of individuals for terrorist activity; or

(F) fails to assist in intelligence gathering by the United States or any of its allies relating to terrorist activity.

(b) SANCTIONS-

(1) SANCTIONS ON COUNTRIES- The sanctions that may be imposed on a country referred to in subsection (a) are the following:

ECONOMIC EMBARGO- The President may exercise the authorities the President has under the International Emergency Economic Powers Act to impose an economic embargo on such country, without regard to section 202 of that Act, including--

blocking all property and interests in property of such country that are in the United States or are in the possession or control of United States persons;
prohibiting transactions in any property in which any national of such country has any interest; and
prohibiting imports from and exports to such country.

(B) PROHIBITION ON TRAVEL- The President may prohibit travel to and from that country, notwithstanding section 203(b)(4) of the International Emergency Economic Powers Act.

(C) DENIAL OF ENTRY INTO THE UNITED STATES- The President may direct the Attorney General to deny admission into the United States to any citizen or national of that country (or, in the case of a person having no nationality, a person habitually residing in such country) as an immigrant or nonimmigrant (except in the case of admission as a refugee under section 207 of the Immigration and Nationality Act or similar provision of law).

(2) SANCTIONS ON ENTITIES- The sanctions that may be imposed on an entity referred to in subsection (a)(3) are that the President may exercise the authorities the President has under the International Emergency Economic Powers Act, without regard to section 202 of that Act--

to block all property and interests in property of such entity that are in the United States or are in the possession or control of United States persons; and
to prohibit imports from and exports to such entity.

(c) REGULATORY AUTHORITY; PENALTIES- The President may issue such regulations, licenses, and orders as are necessary to carry out this Act. The penalties set forth in section 206 of the International Emergency Economic Powers Act shall apply to violations under this Act to the same extent as such penalties apply to violations under that Act.

SEC. 3. ASSISTANCE TO VICTIMS OF TERRORISM.

The President may vest and liquidate as much of property that is blocked pursuant to section paragraphs (1)(A)(i) and (2)(A) of section 2(b) as may be necessary to adequately compensate the victims of terrorist acts and their families, in accordance with regulations that the President may issue.

SEC. 4. WAIVER.

The President may waive any provision of section 2 with respect to any country or entity if the President--

determines that vital national interests so require; and
submits that determination to the Congress, together with the reasons therefor.

SEC. 5. DEFINITIONS.

In this Act:

TERRORIST ACTIVITY- The term `terrorist activity' has the meaning given that term in section 212(a)(3)(B)(ii) of the Immigration and Nationality Act (8 U.S.C. 1182(a)(3)(B)(ii)).
UNITED STATES PERSON- The term `United States person' means--

a partnership, corporation, or other legal entity that is organized under the laws of the United States; or

a partnership, corporation, or other legal entity that is organized under the laws of a foreign country and is controlled by entities described in subparagraph (B) or United States citizens, or both.