HR2311-119

1. Short title This Act may be cited as the Pakistan Democracy Act.

2. Statement of policy It is the policy of the United States to support a democratic Pakistan, including free and fair elections, that is based upon civilian rule, restoration of judicial independence, rule of law, human rights, and due process of law for all of the people of Pakistan.

3. Determination regarding General Asim Munir Not later than 180 days after the date of the enactment of this Act, the Secretary of State, acting in conjunction with the Secretary of the Treasury, shall impose sanctions on General Asim Munir, Chief of Army Staff of Pakistan, the Global Magnitsky Human Rights Accountability Act (22 U.S.C. 10101 et seq.). The President may waive subsection (a) if the President certifies to the House Committee on Foreign Affairs, and the Senate Committee on Foreign Relations that— military rule has ended in Pakistan and rule of law and civilian-led democracy has been restored; and all wrongfully detained political detainees have been released from detention.

4. Authorization of sanctions Not later than 180 days after the date of the enactment of this Act, the President shall identify key individuals who are knowingly engaged the wrongful persecution and imprisonment of political detainees in Pakistan including but not limited to former Prime Minister Imran Khan or significantly undermined democracy and furthered military rule for the people of Pakistan including— such individuals who have served as a member of the Government or military of Pakistan; and such individuals who are serving as an official in a leadership position working on behalf of the Government or military of Pakistan, including law enforcement, intelligence, judicial, or local or municipal government. An alien with respect to which the President has made an affirmative decision under paragraph (1) shall be— inadmissible to the United States; ineligible to receive a visa or other documentation to enter the United States; and 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 16 seq.). The visa or other entry documentation of any alien described in paragraph (1) is subject to revocation regardless of the issue date of the visa or other entry documentation. A revocation under subclause (I) shall, in accordance with section 221(i) of the Immigration and Nationality Act (8 U.S.C. 1201(i)) take effect immediately, and cancel any other valid visa or entry documentation that is in the possession of the alien. Not later than 90 days after the date of the enactment of this Act, the Secretary of State shall brief the appropriate committees of Congress with respect to— any foreign person with respect to which the President has made an affirmative determination under paragraph (1); and the specific facts that justify each such affirmative determination. The President may waive imposition of sanctions under this subsection on a case-by-case basis if the President determines and certifies to the appropriate committees of Congress that— such waiver would serve national interests; or the circumstances which caused the individual to be ineligible have sufficiently changed. In this section: The terms admission, admitted, and alien have the meanings given such terms in section 101 of the Immigration and Nationality Act (8 U.S.C. 1101). The term appropriate committees of Congress means— the Committee on Foreign Affairs, the Committee on the Judiciary, and the Committee on Financial Services of the House of Representatives; and the Committee on Foreign Relations, the Committee on the Judiciary, and the Committee on Banking, Housing, and Urban Affairs of the Senate. The term foreign person means any individual that is not a United States person. The term immediate family members has the meaning given the term immediate relatives in section 1151(b)(2)(A)(i) of the Immigration and Nationality Act (8 U.S.C. 1151(b)(2)(A)(i)). The term knowingly, with respect to conduct, a circumstance, or a result, means that a person has actual knowledge, or should have known, of the conduct, the circumstance, or the result. The term United States person means— a United States citizen or an alien lawfully admitted for permanent residence to the United States; or any person within the United States.