H.R. 5101 — Tunisia Democracy Restoration Act

This section prohibits the appropriation or provision of funding to any security services or units in Tunisia linked to human rights abuses, domestic repression, or the undermining of democracy.

This section directs the President to publish on a federal website, not later than 180 days after enactment, a list of foreign persons determined to be engaged in actions undermining democratic processes or institutions in Tunisia or significant corruption in Tunisia and knowingly responsible for or complicit in serious human rights abuses against Tunisian citizens or their family members (including forced disappearance, arrest, detention, or charging of political prisoners, activists, journalists, or lawyers opposing the regime led by Kais Saied). In developing the list, the President must consider Tunisian government officials meeting these criteria and must update the list every six months for four years. This section further requires the President to impose blocking sanctions under the International Emergency Economic Powers Act (IEEPA) on listed persons' property and interests in property within U.S. jurisdiction or control of U.S. persons, as well as visa ineligibility, admission or parole ineligibility, and revocation of existing visas under the Immigration and Nationality Act. Violations of these blocking sanctions are subject to IEEPA civil penalties of up to the greater of $250,000 or twice the amount of the underlying transaction and criminal penalties of up to a $1,000,000 fine or, if a natural person, 20 years imprisonment. This section authorizes suspension of sanctions if Tunisia restores its 2014 democratic constitution, holds free and fair elections under international monitoring pursuant to that constitution, and releases all political prisoners (including activists, journalists, former parliament members, and others detained by the regime of Kais Saied); provides exemptions for activities necessary to comply with the UN Headquarters Agreement, Vienna Convention on Consular Relations, or other U.S. international agreements; and allows the President to waive sanctions for up to 180 days if certified vital to U.S. national security interests. (Thus, the sanctions target a regime perceived as eroding democracy while permitting flexibility for diplomatic necessities and verified reforms.)

This section directs the Secretary of State, in consultation with the Secretary of the Treasury, to submit to Congress, not later than 180 days after the date of enactment of this Act, a strategy for restoring democracy in Tunisia, including steps to restore Parliament, the independent judiciary, and the 2014 democratic constitution.