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H.R. 6338 · House bill · 119th Congress
This bill requires the President to impose sanctions on foreign vessels and persons engaged in illegal, unreported, and unregulated fishing (IUU fishing).
The bill directs the President to block and prohibit all transactions involving property (including interests in property) of a covered foreign vessel or person if such property comes within the United States or within the possession or control of a U.S. person. The President must also deny or revoke any visa or other entry documentation issued to or sought by a covered foreign person. Civil and criminal penalties apply to violations, including attempts or conspiracies to violate the sanctions.
A covered foreign vessel is any vessel that is registered or operated under the authority of a foreign country and engages in IUU fishing. Covered foreign persons are individuals or entities that are not U.S. persons and knowingly (1) own any vessel that engages in IUU fishing, (2) work as a captain or senior crew member on any vessel that engages in IUU fishing, (3) operate as an entity primarily engaged in IUU fishing, or (4) serve as an officer or senior manager in an entity primarily engaged in IUU fishing.
The President may waive the application of these sanctions after notifying Congress that the waiver is important to U.S. national security interests. Other exceptions apply, such as to provide life-saving assistance to a covered vessel.
The bill directs the President to periodically report to Congress on efforts to carry out these provisions.
This Act may be cited as the “Stop Illegal Fishing Act”.
It is the Sense of Congress that—
(1) illegal, unreported, and unregulated fishing (referred to in this section as “IUU fishing”) is a rising and harmful global trend;
(2) the People’s Republic of China is the primary perpetrator of IUU fishing and the largest exploiter of global fisheries;
(3) IUU fishing is a concerning and significant driver of overfishing, thereby threatening fisheries, damaging marine ecosystems, and inhibiting conservation;
(4) IUU fishing in another country’s exclusive economic zone violates international law as reflected in the United Nations Convention on the Law of the Sea, undermines the rules-based order, ignores sovereign rights, reinforces excessive maritime claims, exploits finite resources, and unfairly seizes economic access at the expense of coastal states;
(5) IUU fishing is often associated with substandard and illicit conditions for crew, including lack of safety controls, illegally low pay, inhumane treatment, and, in some cases, outright forced labor or human trafficking;
(6) IUU fishing has a particularly nefarious impact on coastal communities in poor and developing nations that rely on ocean bounties;
(7) IUU fishing undermines the economic security of the United States and undermines maritime security around the globe; and
(8) the United States Government should utilize sanctions to deter and prevent IUU fishing.
(a) Sanctions with respect to foreign persons.— The President shall impose the sanctions described in subsection (e) with respect to any foreign person that knowingly—
(1) owns any vessel that engages in IUU fishing;
(2) works as a captain or senior crew member on such a vessel;
(3) operates as an entity primarily engaged in IUU fishing; or
(4) serves as an officer or senior manager in an entity primarily engaged in IUU fishing.
(b) Sanctions with respect to foreign vessels.— The President shall impose the sanctions described in subsection (e) with respect to any foreign vessel that engages in IUU fishing.
(c) Report.— Not later than 180 days after the date of enactment of this Act, and annually thereafter for five years, the President shall submit to the appropriate committees a report that—
(1) describes all efforts to carry out the requirements of subsections (a) and (b); and
(2) lists all foreign persons and foreign vessels sanctioned thereunder.
(d) Sanctions program required.— In carrying out subsection (a) and subsection (b), the President shall direct the creation of an IUU fishing sanctions program.
(e) Sanctions described.— The sanctions described in this subsection are the following:
(1) Asset blocking.— Notwithstanding the requirements of section 202 of the International Emergency Economic Powers Act (50 U.S.C. 1701), the President may exercise of all powers granted to the President by that Act to the extent necessary to block and prohibit all transactions in all property and interests in property of the foreign person or foreign vessel if such property and interests in property are in the United States, come within the United States, or are or come within the possession or control of a United States person.
(2) Visas, admission, or parole.—
(A) In general.— An alien who the Secretary of State or the Secretary of Homeland Security (or a designee of one of such Secretaries) knows, or has reason to believe, is described in subsection (a) is—
(i) inadmissible to the United States;
(ii) ineligible for 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.).
(B) Current visas revoked.—
(i) In general.— The issuing consular officer, the Secretary of State, or the Secretary of Homeland Security (or a designee of one of such Secretaries) shall, in accordance with section 221(i) of the Immigration and Nationality Act (8 U.S.C. 1201(i)), revoke any visa or other entry documentation issued to an alien described in subparagraph (A) regardless of when the visa or other entry documentation is issued.
(ii) Effect of revocation.— A revocation under clause (i)—
(I) shall take effect immediately; and
(II) shall automatically cancel any other valid visa or entry documentation that is in the alien’s possession.
(f) Exceptions.—
(1) Exception to comply with international obligations.— Sanctions under subsection (e)(2) shall not apply with respect to the admission of an alien if admitting or paroling the alien into the United States is necessary 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.
(2) Exception relating to the provision of humanitarian assistance.— Sanctions under this section may not be imposed with respect to transactions or the facilitation of transactions for—
(A) the sale of agricultural commodities, food, medicine, or medical devices;
(B) the provision of humanitarian assistance;
(C) financial transactions relating to humanitarian assistance; or
(D) transporting goods or services that are necessary to carry out operations relating to humanitarian assistance.
(3) Exception for intelligence, law enforcement, and national security activities.— Sanctions under this section shall not apply to any authorized intelligence, law enforcement, or national security activities of the United States.
(4) Exception for safety of vessels and crew.— Sanctions under this section shall not apply with respect to a person providing provisions to a vessel otherwise subject to sanctions under this section if such provisions are intended for the safety and care of the crew aboard the vessel, the protection of human life aboard the vessel, or the maintenance of the vessel to avoid any environmental or other significant damage.
(g) Implementation; penalties.—
(1) Implementation.— The President may exercise all authorities provided to the President under sections 203 and 205 of the International Emergency Economic Powers Act (50 U.S.C. 1702 and 1704) to carry out this section.
(2) Penalties.— The penalties provided for in subsections (b) and (c) of section 206 of the International Emergency Economic Powers Act (50 U.S.C. 1705) shall apply to a person that violates, attempts to violate, conspires to violate, or causes a violation of regulations promulgated to carry out this section to the same extent that such penalties apply to a person who commits an unlawful act described in section 206(a) of that Act.
(h) Waiver.— The President may waive the application of sanctions imposed with respect to a foreign person or foreign vessel under this section if the President certifies to the appropriate congressional committees, not later than 15 days before such waiver is to take effect, that the waiver is important to the national security interests of the United States.
(i) Definitions.— In this section:
(1) Appropriate congressional committees.— The term appropriate congressional committees means the Committee on Foreign Affairs of the House of Representatives and the Committee on Foreign Relations of the Senate.
(2) Foreign person.— The term foreign person means an individual or entity that is not a United States person.
(3) Foreign vessel.— The term foreign vessel means a vessel of foreign registry or operated under the authority of a foreign country.
(4) IUU fishing.— The term IUU fishing has the meaning given the term in section 3532 of the Maritime SAFE Act (16 U.S.C. 8001).
(5) United States person.— The term United States person means—
(A) a United States citizen;
(B) a permanent resident alien of the United States;
(C) an entity organized under the laws of the United States or of any jurisdiction within the United States, including a foreign branch of such an entity; or
(D) a person in the United States.