RSF Terrorist Designation Act

Not later than 90 days after the date of the enactment of this Act, the Secretary of State and Secretary of Treasury shall jointly conduct a comprehensive review whether the Rapid Support Forces of Sudan meet the criteria for designation as a Specially Designated Global Terrorist Organization pursuant to Executive Order 13224 (66 Fed. Reg. 49079; relating to blocking property and prohibiting transactions with persons who commit, threaten to commit, or support terrorism).

Not later than 90 days after the enactment of this Act, the Secretary of State and Secretary of Treasury shall submit to the appropriate congressional committees—

(1) the results of the comprehensive review set forth in subsection (a); and

(2) the determination of the Secretaries whether to so designate the Rapid Support Forces of Sudan.

Upon making an affirmative determination described in subsection (b)(2), the President, acting through the Secretary of State and the Secretary of Treasury, shall impose the sanctions described in subsection (d) with respect to the Rapid Support Forces of Sudan.

The sanctions described in this subsection are the following:

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 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.

In the case of an alien described in subsection (c), the alien 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.).

The visa or other entry documentation issued to an alien described in subparagraph (A) shall be revoked, regardless of when the visa or other entry documentation is issued.

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.

Sanctions imposed pursuant to an affirmative determination described in subsection (b)(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.

Sanctions imposed pursuant to an affirmative determination described in subsection (b)(2) 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.

Sanctions imposed pursuant to an affirmative determination described in subsection (b)(2) shall not apply to any authorized intelligence, law enforcement, or national security activities of the United States.

In any judicial review of a determination made pursuant to an affirmative determination described in subsection (b)(2), if the determination was based on classified information (as defined in section 1(a) of the Classified Information Procedures Act) such information may be submitted to the reviewing court ex parte and in camera. This paragraph does not confer or imply any right to judicial review.

The Secretary of State may waive the imposition of sanctions pursuant to an affirmative determination described in subsection (b)(2) with respect to a person if the Secretary—

(1) determines that such a waiver is important to the national security interests of the United States; and

(2) not more than 15 days after issuing the waiver, submits to the appropriate congressional committees a notification of the waiver and the reasons for the waiver.

Concurrently with the submission of the report required by section 2(b), the Secretary of State shall submit to the appropriate congressional committees a report on the Rapid Support Forces of Sudan that includes each of the following:

(1) Whether the Secretary of State will support the designation of the Rapid Support Forces as a specially designated global terrorist organization and a detailed explanation of why and how that decision was reached.

(2) Detailed information on the countries and entities that provide material support to the Rapid Support Forces, including to the extent practicable what manner of support they provide and the approximate monetary value of that support.

(3) An assessment of the ability of the Rapid Support Forces to maintain its operations if external support to the organization were ceased.

(4) A detailed explanation of implications for United States security and foreign assistance if the Rapid Support Forces were designated as a specially designated global terrorist organization.

The report required by this section shall be submitted in unclassified form but may contain a separate, classified annex.

The terms admitted and alien has the meanings given such terms in section 101 of the Immigration and Nationality Act (8 U.S.C. 1101).

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.

The term foreign person means an individual or entity that is not a United States person.

The term United States person means—

(1) a United States citizen;

(2) a permanent resident alien of the United States;

(3) 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

(4) a person in the United States.