H.R. 4149 — Upholding the Dayton Peace Agreement Through Sanctions Act

This section declares it the policy of the United States (1) to support Bosnia and Herzegovina's sovereignty, territorial integrity, multi-ethnic character, and prosperity of the Republika Srpska, Federation of Bosnia and Herzegovina, and Brcko District within one Bosnia and Herzegovina; (2) to support its progress toward Euro-Atlantic integration; (3) to encourage officials to resume institutional participation at all government levels for functionality and reforms; (4) to call on Bosnia and Herzegovina to implement European Court of Human Rights rulings; (5) to support targeted sanctions against persons undermining the Dayton Peace Agreement (which ended the 1992-1995 Bosnian War), democratic institutions, and the constitution; (6) to urge the European Union to join U.S. and U.K. sanctions on Milorad Dodik for actions undermining stability and territorial integrity; (7) to condemn Russia's government for fueling instability, undermining the Dayton Agreement, the Office of the High Representative, and EUFOR Operation Althea; (8) to work with Serbia and Croatia to support Bosnia and Herzegovina's territorial integrity and stability; and (9) to use its voice and vote at the United Nations, Peace Implementation Council, and other bodies to support the Office of the High Representative.

This section requires the President, not later than 180 days after enactment and every 180 days thereafter, to submit to the appropriate congressional committees a list of foreign persons determined to be responsible for or complicit in actions or policies that (1) threaten the peace, security, stability, or territorial integrity of Bosnia and Herzegovina (BiH), including by undermining state-level institutions or the Office of the High Representative; (2) undermine democratic processes or institutions in BiH; (3) violate, obstruct, or threaten implementation of the Dayton Peace Agreement (i.e., the 1995 peace accord ending the Bosnian War) or related decisions of the Peace Implementation Council; (4) lead illegal parallel institutions engaging in such activities; (5) engage in BiH-related corruption (e.g., misappropriation of public assets or bribery involving government officials); or (6) are adult family members, facilitators of significant transactions, entities owned or controlled by, or material supporters of, such persons (with limited exceptions for family members who condemn and oppose the activities). Upon submission of each list, the President must impose the following sanctions on listed persons: (1) block all property and interests in property within U.S. jurisdiction using all powers under the International Emergency Economic Powers Act (IEEPA, 50 U.S.C. 1701 et seq.), notwithstanding IEEPA's requirements (thus, without declaring a national emergency); and (2) render listed aliens inadmissible to the United States, ineligible for visas or parole, and revoke any existing visas. This section further authorizes the Secretary of the Treasury, in consultation with the Secretary of State, to prohibit or impose strict conditions on U.S. correspondent or payable-through accounts of foreign financial institutions that knowingly facilitate significant transactions for listed persons on or after enactment. Sanctions do not apply to authorized U.S. intelligence, law enforcement, or national security activities, or to alien admissions necessary to comply with the UN Headquarters Agreement of 1947.

This section codifies sanctions imposed under Executive Order 13219 (relating to blocking property of persons who threaten international stabilization efforts in the Western Balkans) and Executive Order 14033 (relating to blocking property and suspending entry into the United States of certain persons contributing to the destabilizing situation in the Western Balkans), requiring such sanctions—including those in effect as of enactment—to remain in effect. The President may terminate the application of a sanction with respect to a person upon certifying to the appropriate congressional committees that the person (1) is no longer engaging in the sanctioned activity or has taken significant verifiable steps toward stopping it and (2) has provided reliable assurances against knowingly engaging in such activity in the future. This section does not create new authorities or requirements related to sanctions on the importation of goods.

This section requires the President, not later than 60 days after a request from the chairman and ranking member of an appropriate congressional committee, to determine whether a specified person or foreign person meets sanctions criteria under section 3(a)(1), Executive Order 13219 or Executive Order 14033 (as referenced in section 4(b)), or any executive order issued pursuant to this Act or the Balkans regulatory regime; and to submit a classified or unclassified report to the requestors stating whether sanctions have been or will be imposed. The section terminates 5 years after enactment.

This section defines terms used in the Act, including “appropriate congressional committees” (i.e., specified House and Senate committees), “correspondent account” and “payable-through account” (as defined in 31 U.S.C. 5318A), “Dayton Peace Agreement,” “foreign financial institution,” “foreign person,” “illegal parallel institution” (i.e., a Republika Srpska entity that disrupts Bosnia and Herzegovina’s state-level institutions), “knowingly,” “person,” and “United States person.”