In general
The President shall impose sanctions described in subsection (c) with respect to each person on the list required by subsection (b).
List of persons who are responsible for or complicit in certain human rights abuses
In general
Not later than 120 days after , 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.
Updates of list
The President shall submit to the appropriate congressional committees an updated list under paragraph (1)—
not later than 300 days after , and every 180 days thereafter; and
as new information becomes available.
Form of report; public availability
Form
The list required by paragraph (1) shall be submitted in unclassified form but may contain a classified annex.
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.
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.
Sanctions described
50 U.S.C. 1701The sanctions described in this subsection are sanctions pursuant to the International Emergency Economic Powers Act ( 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.
Pub. L. 112–158, title VII, § 702126 Stat. 1265 (, , .)
Termination of Section
section 8795 of this titleFor termination of section, see .
Editorial Notes
References in Text
Pub. L. 95–22391 Stat. 1626 section 1701 of Title 50The International Emergency Economic Powers Act, referred to in subsec. (c), is title II of , , , 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 and Tables.
Statutory Notes and Related Subsidiaries
Short Title
section 701 of Pub. L. 112–158section 8701 of this titleFor short title of this subchapter as the “Syria Human Rights Accountability Act of 2012”, see , set out as a note under .
Report on Syria Civilian Protection
Pub. L. 119–60, div. H, title LXXXIII, § 8369(b)139 Stat. 1905
Report .—
Not later than 90 days after the date of the enactment of this Act [], and every 180 days thereafter for the following 4 years, the President shall submit to the Committees on Foreign Affairs, Financial Services, and Judiciary of the House of Representatives and the Committees on Foreign Relations and Banking, Housing, and Urban Affairs of the Senate an unclassified report, with a classified annex if necessary, that certifies whether the Government of Syria—
is taking concrete and tangible action to eliminate the threat posed by ISIS and other terrorist groups, including Al Qaeda and its affiliates, in partnership with the United States, and prevent an ISIS resurgence;
has removed, or is taking steps to remove, foreign fighters from senior roles in the Government of Syria, including those in the state and security institutions of Syria;
is upholding religious and ethnic minority rights in Syria, including with respect to freedom of worship and belief, and allowing for fair and equitable representation in the government, including ministries and parliament;
is not taking unilateral, unprovoked military action against its neighbors, including the State of Israel, and continues to make progress towards international security agreements, as appropriate;
is taking tangible and credible steps to implement the , agreement as negotiated between the Government of Syria and the Syrian Democratic Forces including commensurate security force integration measures and political representation;
is taking steps to effectively combat money laundering, terrorist financing, and the financing of proliferation of weapons of mass destruction, in line with international standards, and not knowingly financing, assisting (monetarily or through weapons transfers), or harboring sanctioned individuals or groups (including foreign terrorist organizations and specially designated global terrorists) that are harmful to the national security of the United States or allies and partners of the United States in the region;
is actively prosecuting those that have committed serious abuses of internationally recognized human rights since , including those responsible for the massacre of religious minorities; and
is taking verifiable steps to combat the illicit production and international illicit proliferation of narcotics, including Captagon.
Notification to the Government of Syria .—
The President shall inform the Government of Syria of the findings of the report required under subsection (b).
Imposition of Sanctions.—
In general .—
If the President is unable to make an affirmative certification under subsection (b) for two consecutive reporting periods, the President may consider whether to impose targeted sanctions on individuals under existing authorities until the President makes an affirmative certification under subsection (b).
Exception .—
The sanctions described in this subsection shall not include sanctions on the importation of goods.
Defined term .—
In this subsection, the term ‘good’ means any article, natural or manmade substance, material, supply or manufactured product, including inspection and test equipment, and excluding technical data.”
Caesar Syria Civilian Protection
Pub. L. 116–92, div. F, title LXXIV133 Stat. 2291 Pub. L. 118–159, div. E, title LI, § 5123138 Stat. 2431 Pub. L. 119–60, div. H, title LXXXIII, § 8369(a)139 Stat. 1905 , , , as amended by , , , which related to the imposition of sanctions and other methods to protect civilians in Syria and support the transition to a government in Syria that respects the rule of law, human rights, and peaceful co-existence with its neighbors, was repealed by , , .
Syrian War Crimes Accountability
Pub. L. 115–232, div. A, title XII, § 1232132 Stat. 2035
Report on Accountability for War Crimes, Crimes Against Humanity, and Genocide in Syria.—
In general .—
The Secretary of State shall submit a report on war crimes, crimes against humanity, and genocide in Syria to the appropriate congressional committees not later than 90 days after the date of the enactment of this Act [] and another such report not later than 180 days after the Secretary of State determines that the violence in Syria has ceased.
Elements .—
The reports required under paragraph (1) shall include—
a description of alleged war crimes, crimes against humanity, and genocide perpetrated during the civil war in Syria, including—
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;
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;
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
if possible, a description of the conventional and unconventional weapons used for such crimes and the origins of such weapons; and
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—
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—
the number of United States Government or contract personnel currently designated to work full-time on these issues; and
the identification of the authorities and appropriations being used to support such training efforts;
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;
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
to assess the influence of accountability measures on efforts to reach a negotiated settlement to the Syrian conflict during the reporting period.
Form .—
The reports required under paragraph (1) may be submitted in unclassified or classified form, but shall include a publicly available annex.
Protection of witnesses and evidence .—
The Secretary shall take due care to ensure that the identification of witnesses and physical evidence are not publicly disclosed in a manner that might place such persons at risk of harm or encourage the destruction of evidence by the Government of Syria, violent extremist groups, anti-government forces, or any other combatants or participants in the conflict.
Transitional Justice Study .—
Not later than 180 days after the date of the enactment of this Act [], the Secretary of State (acting through appropriate officials and offices, which may include the Office of Global Criminal Justice), after consultation with the Department of Justice, the United States Agency for International Development, and other appropriate Federal agencies, shall—
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
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—
the Committee on Foreign Relations, the Committee on the Judiciary, and the Committee on Appropriations of the Senate; and
the Committee on Foreign Affairs, the Committee on the Judiciary, and the Committee on Appropriations of the House of Representatives.
Technical Assistance Authorized.—
In general .—
The Secretary of State (acting through appropriate officials and offices, which may include the Office of Global Criminal Justice), after consultation with the Department of Justice and other appropriate Federal agencies, is authorized to provide appropriate assistance to support entities that, with respect to war crimes, crimes against humanity, and genocide perpetrated by the regime of President Bashar al-Assad, all forces fighting on its behalf, and all non-state armed groups fighting in the country, including violent extremist groups in Syria beginning in March 2011—
identify suspected perpetrators of war crimes, crimes against humanity, and genocide;
collect, document, and protect evidence of crimes and preserve the chain of custody for such evidence;
conduct criminal investigations;
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;
support investigations by third-party states, as appropriate; or
protect witnesses that may be helpful to prosecutions or other transitional justice mechanisms.
Additional assistance .—
The Secretary of State, after consultation with appropriate Federal agencies and the appropriate congressional committees, and taking into account the findings of the transitional justice study required under subsection (b), is authorized to provide assistance to support the creation and operation of transitional justice mechanisms, including a potential hybrid tribunal, to prosecute individuals suspected of committing war crimes, crimes against humanity, or genocide in Syria beginning in March 2011.
Briefing .—
The Secretary of State shall provide detailed, biannual briefings to the appropriate congressional committees describing the assistance provided to entities described in paragraph (1).
State Department Rewards for Justice Program .—
section 2708(b)(10) of this title[Amended .]
Independent International Commission of Inquiry on the Syrian Arab Republic .—
The Secretary of State, acting through the United States Permanent Representative to the United Nations, should use the voice, vote, and influence of the United States at the United Nations to advocate that the United Nations Human Rights Council, while the United States remains a member, annually extend the mandate of the Independent International Commission of Inquiry on the Syrian Arab Republic until the Commission has completed its investigation of all alleged violations of international human rights laws beginning in March 2011 in the Syrian Arab Republic.
Effect of Section .—
22 U.S.C. 7421Nothing in this section shall be construed to violate the American Servicemembers’ Protection Act of 2002 ( et seq.).
Definitions .—
In this section:
Appropriate congressional committees .—
The term ‘appropriate congressional committees’ means—
the Committee on Foreign Relations; the Committee on Armed Services, and the Committee on the Judiciary of the Senate; and
the Committee on Foreign Affairs, the Committee on Armed Services, and the Committee on the Judiciary of the House of Representatives.
Genocide .—
section 1091(a) of title 18The term ‘genocide’ means any offense described in , United States Code.
Hybrid tribunal .—
The term ‘hybrid tribunal’ means a temporary criminal tribunal that involves a combination of domestic and international lawyers, judges, and other professionals to prosecute individuals suspected of committing war crimes, crimes against humanity, or genocide.
Transitional justice .—
The term ‘transitional justice’ means the range of judicial, nonjudicial, formal, informal, retributive, and restorative measures employed by countries transitioning out of armed conflict or repressive regimes—
to redress legacies of atrocities; and
to promote long-term, sustainable peace.
War crime .—
section 2441(c) of title 18The term ‘war crime’ has the meaning given the term in , United States Code.”