(a) In general
The President shall impose sanctions described in subsection (c) with respect to each person on the list required by subsection (b).
(b) List of persons who are responsible for or complicit in certain human rights abuses
(1) In general
Not later than 120 days after August 10, 2012, the President shall submit to the appropriate congressional committees a list of persons who are officials of the Government of Syria or persons acting on behalf of that Government that the President determines, based on credible evidence, are responsible for or complicit in, or responsible for ordering, controlling, or otherwise directing, the commission of serious human rights abuses against citizens of Syria or their family members, regardless of whether such abuses occurred in Syria.
(2) Updates of list
The President shall submit to the appropriate congressional committees an updated list under paragraph (1)—
(A) not later than 300 days after August 10, 2012, and every 180 days thereafter; and
(B) as new information becomes available.
(3) Form of report; public availability
(A) Form
The list required by paragraph (1) shall be submitted in unclassified form but may contain a classified annex.
(B) Public availability
The unclassified portion of the list required by paragraph (1) shall be made available to the public and posted on the websites of the Department of the Treasury and the Department of State.
(4) Consideration of data from other countries and nongovernmental organizations
In preparing the list required by paragraph (1), the President shall consider credible data already obtained by other countries and nongovernmental organizations, including organizations in Syria, that monitor the human rights abuses of the Government of Syria.
(c) Sanctions described
The sanctions described in this subsection are sanctions pursuant to the International Emergency Economic Powers Act (50 U.S.C. 1701 et seq.), including blocking of property and restrictions or prohibitions on financial transactions and the exportation of property, subject to such regulations as the President may prescribe.
Termination of Section
For termination of section, see section 8795 of this title.
References in Text
The International Emergency Economic Powers Act, referred to in subsec. (c), is title II of Pub. L. 95–223, Dec. 28, 1977, 91 Stat. 1626, which is classified generally to chapter 35 (§1701 et seq.) of Title 50, War and National Defense. For complete classification of this Act to the Code, see Short Title note set out under section 1701 of Title 50 and Tables.
Short Title
For short title of this subchapter as the "Syria Human Rights Accountability Act of 2012", see section 701 of Pub. L. 112–158, set out as a note under section 8701 of this title.
Caesar Syria Civilian Protection
Pub. L. 116–92, div. F, title LXXIV, Dec. 20, 2019, 133 Stat. 2291, provided that:
"SEC. 7401. SHORT TITLE.
"This title may be cited as the 'Caesar Syria Civilian Protection Act of 2019'.
"SEC. 7402. STATEMENT OF POLICY.
"It is the policy of the United States that diplomatic and coercive economic means should be utilized to compel the government of Bashar al-Assad to halt its murderous attacks on the Syrian people and to support a transition to a government in Syria that respects the rule of law, human rights, and peaceful co-existence with its neighbors.
"Subtitle A—Additional Actions in Connection With the National Emergency With Respect to Syria
"SEC. 7411. MEASURES WITH RESPECT TO CENTRAL BANK OF SYRIA.
"(a)
"(b)
"(c)
"(1)
"(2)
"(3)
"(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.
"SEC. 7412. SANCTIONS WITH RESPECT TO FOREIGN PERSONS THAT ENGAGE IN CERTAIN TRANSACTIONS.
"(a)
"(1)
"(2)
"(A) knowingly provides significant financial, material, or technological support to, or knowingly engages in a significant transaction with—
"(i) the Government of Syria (including any entity owned or controlled by the Government of Syria) or a senior political figure of the Government of Syria;
"(ii) a foreign person that is a military contractor, mercenary, or a paramilitary force knowingly operating in a military capacity inside Syria for or on behalf of the Government of Syria, the Government of the Russian Federation, or the Government of Iran; or
"(iii) a foreign person subject to sanctions pursuant to the International Emergency Economic Powers Act (50 U.S.C. 1701 et seq.) with respect to Syria or any other provision of law that imposes sanctions with respect to Syria;
"(B) knowingly sells or provides significant goods, services, technology, information, or other support that significantly facilitates the maintenance or expansion of the Government of Syria's domestic production of natural gas, petroleum, or petroleum products;
"(C) knowingly sells or provides aircraft or spare aircraft parts that are used for military purposes in Syria 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;
"(D) knowingly provides significant goods or services associated with the operation of aircraft that are used for military purposes in Syria for or on behalf of the Government of Syria to any foreign person operating in an area described in subparagraph (C); or
"(E) knowingly, directly or indirectly, provides significant construction or engineering services to the Government of Syria.
"(3)
"(b)
"(1)
"(A)
"(B)
"(i)
"(I) inadmissible to the United States;
"(II) ineligible to receive a visa or other documentation to enter 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.).
"(ii)
"(I)
"(II)
"(aa) take effect immediately; and
"(bb) automatically cancel any other valid visa or entry documentation that is in the alien's possession.
"(2)
"(3)
"(A) 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, or other applicable international obligations; or
"(B) to carry out or assist law enforcement activity in the United States.
"SEC. 7413. STRATEGY RELATING TO AREAS OF SYRIA IN WHICH CIVILIANS ARE SUBJECT TO FORCED DISPLACEMENT.
"(a)
"(1) identify the areas described in subsection (b); and
"(2) submit to the appropriate congressional committees the strategy described in subsection (c).
"(b)
"(1) are under the control of—
"(A) the Government of Syria;
"(B) the Government of the Russian Federation;
"(C) the Government of Iran; or
"(D) a foreign person described in section 7412(a)(2)(A)(ii); and
"(2) are areas in which civilians have been subject to forced displacement by—
"(A) a government specified in subparagraph (A), (B), or (C) of paragraph (1); or
"(B) a foreign person described in section 7412(a)(2)(A)(ii).
"(c)
"(1) a government specified in subparagraph (A), (B), or (C) of subsection (b)(1); or
"(2) a foreign person described in section 7412(a)(2)(A)(ii).
"(d)
"(e)
"(1) the Committee on Foreign Affairs of the House of Representatives; and
"(2) the Committee on Foreign Relations of the Senate.
"Subtitle B—Assistance for the People of Syria
"SEC. 7421. SENSE OF CONGRESS.
"It is the sense of Congress that it is in the interests of the United States to continue to provide assistance to the people of Syria in order to promote peace, stability, and development, including through multilateral organizations.
"SEC. 7422. BRIEFING ON MONITORING AND EVALUATING OF ONGOING ASSISTANCE PROGRAMS IN SYRIA AND TO THE SYRIAN PEOPLE.
"(a)
"(b)
"(1) the specific project monitoring and evaluation efforts, including measurable goals and performance metrics for assistance in Syria;
"(2) the memoranda of understanding entered into by the Department of State, the United States Agency for International Development, and their respective Inspectors General, and the multilateral organizations through which United States assistance will be delivered that formalize requirements for the sharing of information between such entities for the conduct of audits, investigations, and evaluations; and
"(3) the major challenges to monitoring and evaluating programs described in subsection (a).
"SEC. 7423. ASSESSMENT OF POTENTIAL METHODS TO ENHANCE THE PROTECTION OF CIVILIANS.
"(a)
"(b)
"(c)
"(1) the Committee on Foreign Affairs and the Committee on Armed Services of the House of Representatives; and
"(2) the Committee on Foreign Relations and the Committee on Armed Services of the Senate.
"SEC. 7424. ASSISTANCE TO SUPPORT ENTITIES TAKING ACTIONS RELATING TO GATHERING EVIDENCE FOR INVESTIGATIONS INTO WAR CRIMES OR CRIMES AGAINST HUMANITY IN SYRIA SINCE MARCH 2011.
"(a)
"(b)
"(1) to build the investigative or judicial capacities of the Government of Syria; or
"(2) to support prosecutions in the domestic courts in Syria.
"(c)
"SEC. 7425. CODIFICATION OF CERTAIN SERVICES IN SUPPORT OF NONGOVERNMENTAL ORGANIZATIONS' ACTIVITIES AUTHORIZED.
"(a)
"(1) remain in effect on and after such date of enactment; and
"(2) in the case of a nongovernmental organization that is authorized to export or reexport services to Syria under such section on the day before such date of enactment, apply to such organization on and after such date of enactment to the same extent and in the same manner as such section applied to such organization on the day before such date of enactment.
"(b)
"(1)
"(2)
"SEC. 7426. BRIEFING ON STRATEGY TO FACILITATE HUMANITARIAN ASSISTANCE.
"(a)
"(b)
"(c)
"(1) the Committee on Foreign Affairs and the Committee on Financial Services of the House of Representatives; and
"(2) the Committee on Foreign Relations and the Committee on Banking, Housing, and Urban Affairs of the Senate.
"Subtitle C—General Provisions
"SEC. 7431. SUSPENSION OF SANCTIONS.
"(a)
"(1) The air space over Syria is no longer being utilized by the Government of Syria or the Government of the Russian Federation to target civilian populations through the use of incendiary devices, including barrel bombs, chemical weapons, and conventional arms (including air-delivered missiles and explosives).
"(2) Areas besieged by the Government of Syria, the Government of the Russian Federation, the Government of Iran, or a foreign person described in section 7412(a)(2)(A)(ii) are no longer cut off from international aid and have regular access to humanitarian assistance, freedom of travel, and medical care.
"(3) The Government of Syria is releasing all political prisoners forcibly held within the prison system of the regime of Bashar al-Assad and the Government of Syria is allowing full access to prison system facilities for investigations by appropriate international human rights organizations.
"(4) The forces of the Government of Syria, the Government of the Russian Federation, the Government of Iran, and any foreign person described in section 7412(a)(2)(A)(ii) are no longer engaged in deliberate targeting of medical facilities, schools, residential areas, and community gathering places, including markets, in violation of international norms.
"(5) The Government of Syria is—
"(A) taking steps to verifiably fulfill its commitments under the Convention on the Prohibition of the Development, Production, Stockpiling and Use of Chemical Weapons and on their Destruction, done at Geneva September 3, 1992, and entered into force April 29, 1997 (commonly known as the 'Chemical Weapons Convention'), and the Treaty on the Non-Proliferation of Nuclear Weapons, done at Washington, London, and Moscow July 1, 1968, and entered into force March 5, 1970 (21 UST 483); and
"(B) making tangible progress toward becoming a signatory to the Convention on the Prohibition of the Development, Production and Stockpiling of Bacteriological (Biological) and Toxin Weapons and on their Destruction, done at Washington, London, and Moscow April 10, 1972, and entered into force March 26, 1975 (26 UST 583).
"(6) The Government of Syria is permitting the safe, voluntary, and dignified return of Syrians displaced by the conflict.
"(7) The Government of Syria is taking verifiable steps to establish meaningful accountability for perpetrators of war crimes in Syria and justice for victims of war crimes committed by the Assad regime, including through participation in a credible and independent truth and reconciliation process.
"(b)
"(c)
"(d)
"(e)
"(1) the Committee on Foreign Affairs, the Committee on Financial Services, the Committee on Ways and Means, and the Committee on the Judiciary of the House of Representatives; and
"(2) the Committee on Foreign Relations, the Committee on Banking, Housing, and Urban Affairs, and the Committee on the Judiciary of the Senate.
"SEC. 7432. WAIVERS AND EXEMPTIONS.
"(a)
"(1) Any activity subject to the reporting requirements under title V of the National Security Act of 1947 (50 U.S.C. 3091 et seq.), or to any authorized intelligence activities of the United States.
"(2) Any transaction necessary to comply with United States obligations under—
"(A) 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;
"(B) the Convention on Consular Relations, done at Vienna April 24, 1963, and entered into force March 19, 1967; or
"(C) any other international agreement to which the United States is a party.
"(b)
"(1)
"(2)
"(c)
"(1)
"(2)
"(d)
"(1) the Committee on Foreign Affairs, the Committee on Financial Services, the Committee on Ways and Means, and the Committee on the Judiciary of the House of Representatives; and
"(2) the Committee on Foreign Relations, the Committee on Banking, Housing, and Urban Affairs, and the Committee on the Judiciary of the Senate.
"SEC. 7433. IMPLEMENTATION AND REGULATORY AUTHORITIES.
"(a)
"(b)
"SEC. 7434. EXCEPTION RELATING TO IMPORTATION OF GOODS.
"(a)
"(b)
"SEC. 7435. COST LIMITATION.
"No additional funds are authorized to be appropriated to carry out the requirements of this title and the amendments made by this title. Such requirements shall be carried out using amounts otherwise authorized to be appropriated.
"SEC. 7436. RULE OF CONSTRUCTION.
"Except for section 7434 with respect to the importation of goods, nothing in this title shall be construed to limit the authority of the President pursuant to the International Emergency Economic Powers Act (50 U.S.C. 1701 et seq.) or any other provision of law.
"SEC. 7437. PROHIBITION ON CONSTRUCTION OF PROVISIONS OF THIS TITLE AS AN AUTHORIZATION FOR USE OF MILITARY FORCE.
"Nothing in this title may be construed as an authorization for use of military force.
"SEC. 7438. SUNSET.
"This title shall cease to be effective on the date that is 5 years after the date of the enactment of this Act [Dec. 20, 2019]."
[Functions and authorities of President under section 7426 of Pub. L. 116–92, set out above, delegated to Secretary of State by section 1(a) of Memorandum of President of the United States, Mar. 31, 2020, 85 F.R. 22343, set out as a note under section 2311 of Title 21, Food and Drugs. Functions and authorities under sections 7413, 7431, and 7432 of Pub. L. 116–92 delegated to Secretary of State, in consultation with the Secretary of the Treasury, by section 1(b)(ii) to (iv) of the Memorandum. Functions and authorities under sections 7412(a) and (b)(1)(A) of Pub. L. 116–92 delegated to Secretary of the Treasury, in consultation with the Secretary of State, by section 1(d)(x) and (xi) of the Memorandum. Functions and authorities under section 7433 of Pub. L. 116–92 delegated to Secretary of the Treasury by section 1(e) of the Memorandum. Functions and authorities under section 7423 of Pub. L. 116–92 delegated to Secretary of State and the Secretary of Defense by section 1(f) of the Memorandum.]
Syrian War Crimes Accountability
Pub. L. 115–232, div. A, title XII, §1232, Aug. 13, 2018, 132 Stat. 2035, provided that:
"(a)
"(1)
"(2)
"(A) a description of alleged war crimes, crimes against humanity, and genocide perpetrated during the civil war in Syria, including—
"(i) incidents that may constitute war crimes, crimes against humanity, or genocide committed by the regime of President Bashar al-Assad and all forces fighting on its behalf;
"(ii) incidents that may constitute war crimes, crimes against humanity, or genocide committed by violent extremist groups, anti-government forces, and any other combatants in the conflict;
"(iii) any incidents that may violate the principle of medical neutrality and, if possible, the identification of the individual or individuals who engaged in or organized such incidents; and
"(iv) if possible, a description of the conventional and unconventional weapons used for such crimes and the origins of such weapons; and
"(B) a description and assessment by the Department of State Office of Global Criminal Justice, the United States Agency for International Development, the Department of Justice, and other appropriate agencies of programs that the United States Government has undertaken to ensure accountability for war crimes, crimes against humanity, and genocide perpetrated against the people of Syria by the regime of President Bashar al-Assad, violent extremist groups, and other combatants involved in the conflict, including programs—
"(i) to train investigators within and outside of Syria on how to document, investigate, develop findings of, and identify and locate alleged perpetrators of war crimes, crimes against humanity, or genocide, including—
"(I) the number of United States Government or contract personnel currently designated to work full-time on these issues; and
"(II) the identification of the authorities and appropriations being used to support such training efforts;
"(ii) to promote and prepare for a transitional justice process or processes for the perpetrators of war crimes, crimes against humanity, and genocide in Syria beginning in March 2011;
"(iii) to document, collect, preserve, and protect evidence of war crimes, crimes against humanity, and genocide in Syria, including support for Syrian, foreign, and international nongovernmental organizations, and other entities, including the International, Impartial and Independent Mechanism to Assist in the Investigation and Prosecution of Persons Responsible for the Most Serious Crimes under International Law Committed in the Syrian Arab Republic since March 2011 and the Independent International Commission of Inquiry on the Syrian Arab Republic; and
"(iv) to assess the influence of accountability measures on efforts to reach a negotiated settlement to the Syrian conflict during the reporting period.
"(3)
"(4)
"(b)
"(1) complete a study of the feasibility and desirability of potential transitional justice mechanisms for Syria, including a hybrid tribunal, to address war crimes, crimes against humanity, and genocide perpetrated in Syria beginning in March 2011; and
"(2) submit a detailed report of the results of the study conducted under paragraph (1), including recommendations on which transitional justice mechanisms the United States Government should support, why such mechanisms should be supported, and what type of support should be offered, to—
"(A) the Committee on Foreign Relations, the Committee on the Judiciary, and the Committee on Appropriations of the Senate; and
"(B) the Committee on Foreign Affairs, the Committee on the Judiciary, and the Committee on Appropriations of the House of Representatives.
"(c)
"(1)
"(A) identify suspected perpetrators of war crimes, crimes against humanity, and genocide;
"(B) collect, document, and protect evidence of crimes and preserve the chain of custody for such evidence;
"(C) conduct criminal investigations;
"(D) build Syria's investigative and judicial capacities and support prosecutions in the domestic courts of Syria, provided that President Bashar al-Assad is no longer in power;
"(E) support investigations by third-party states, as appropriate; or
"(F) protect witnesses that may be helpful to prosecutions or other transitional justice mechanisms.
"(2)
"(3)
"(d)
"(e)
"(f)
"(g)
"(1)
"(A) the Committee on Foreign Relations; the Committee on Armed Services, and the Committee on the Judiciary of the Senate; and
"(B) the Committee on Foreign Affairs, the Committee on Armed Services, and the Committee on the Judiciary of the House of Representatives.
"(2)
"(3)
"(4)
"(A) to redress legacies of atrocities; and
"(B) to promote long-term, sustainable peace.
"(5)