Hezbollah International Financing Prevention Act of 2014

The Hezbollah International Financing Prevention Act of 2014 (H.R. 4411) is a bill that would impose sanctions on foreign financial institutions that facilitate transactions or money laundering on behalf of Hezbollah or its agents.[1] Hezbollah is designated a terrorist organization in the United States.[1][2] Sanctions would also be applied to Hezbollah's television station, Al-Manar.[2]

Hezbollah International Financing Prevention Act of 2014
Full titleTo prevent Hezbollah and associated entities from gaining access to international financial and other institutions, and for other purposes.
Introduced in113th United States Congress
Introduced onApril 7, 2014
Sponsored byRep. Mark Meadows (R, NC-11)
Number of co-sponsors3
Effects and codifications
U.S.C. section(s) affected21 U.S.C. § 1901 et seq., 31 U.S.C. § 5321, 31 U.S.C. § 5322, 8 U.S.C. § 1189, 50 U.S.C. § 1705, and others.
Agencies affectedUnited States Department of Justice, Executive Office of the President, United States Congress, United States Department of State, United States Department of the Treasury
Legislative history

The bill was introduced into the United States House of Representatives during the 113th United States Congress.

Background
Main article: Hezbollah

Hezbollah (pronounced /ˌhɛzbəˈlɑː/;[3][4] Arabic: حزب الله‎ Ḥizbu 'llāh, literally "Party of Allah" or "Party of God") is a Shia Islamist militant group and political party based in Lebanon.[5][6] Hezbollah's paramilitary wing is the Jihad Council;[7][8] once seen as a resistance movement throughout much of the Arab world,[5] this image upon which the group's legitimacy rested has been severely damaged due to the sectarian nature of the Syrian Civil War in which it has become involved since 2012.[5][9][10] The group's paramilitary is considered more powerful than the Lebanese Army.[11][12] Hezbollah, which started with only a small militia, has grown to an organization with seats in the Lebanese government, a radio and a satellite television-station, programs for social development and large-scale military deployment of fighters beyond Lebanon's borders.[10][13][14] The organization has been called a state within a state.[15] Hezbollah maintains strong support among Lebanon's Shia population.[16] After the death of Abbas al-Musawi in 1992, the organisation has been headed by Hassan Nasrallah, its Secretary-General.

Hezbollah receives military training, weapons, and financial support from Iran, and political support from Syria.[17] Following the end of the Israeli occupation of South Lebanon in 2000, its military strength grew significantly.[18][19] Despite a June 2000 certification by the United Nations that Israel had withdrawn from all Lebanese territory.[20] Hezbollah fought against Israel in the 2006 Hezbollah-Israel War. After the 2006–2008 Lebanese political protests[21] and clashes,[22] a national unity government was formed in 2008, giving Hezbollah and its opposition allies control of eleven of thirty cabinets seats; effectively veto power.[6] In August 2008, Lebanon's new Cabinet unanimously approved a draft policy statement which secures Hezbollah's existence as an armed organization and guarantees its right to "liberate or recover occupied lands".[23] Since 2012, Hezbollah has helped the Syrian government during the Syrian civil war in its fight against the Syrian opposition, which Hezbollah has described as a Zionist plot and a "Wahhabi-Zionist conspiracy" to destroy its alliance with Assad against Israel.[24][25]

The United States,[26] France,[27] the Gulf Cooperation Council,[28] United Kingdom,[29] Australia,[30] Canada,[31] the Netherlands,[32][33][34][35] the European Union[36] and Israel classify Hezbollah as a terrorist organization, in whole or in part. The governments of Iran, Russia and China do not share this view of the organization.[37]

The United States designated Hezbollah as a terrorist organization in 1995.[2]

Provisions of the bill

This summary is based largely on the summary provided by the Congressional Research Service, a public domain source.[38]

The Hezbollah International Financing Prevention Act of 2014 would state that it shall be U.S. policy to: (1) prevent Hezbollah's global logistics and financial network from operating in order to curtail funding of its domestic and international activities; and (2) utilize diplomatic, legislative, and executive avenues to combat Hezbollah's criminal activities in order to block that organization's ability to fund its global terrorist activities.[38]

The bill would direct the President to report to Congress: (1) a list of satellite, broadcast, or other providers that knowingly transmit the content of al-Manar TV; and (2) the identity of those providers that have or have not been sanctioned pursuant to Executive Order 13224.[38]

The bill would direct the United States Secretary of the Treasury to prohibit or impose strict conditions on the opening or maintaining in the United States of a correspondent account or a payable-through account by a foreign financial institution that knowingly: (1) facilitates the activities of Hezbollah or its agents, instrumentalities, affiliates, or successors; (2) facilitates the activities of a person acting on behalf of or owned or controlled by an agent, instrumentality, affiliate, or successor; (3) engages in money laundering to carry out such an activity; (4) facilitates a significant transaction or provides significant financial services to carry out such an activity, including services that involve a transaction of gold, silver, platinum, or other precious metals; or (5) facilitates any of these activities, conspires to facilitate or participate in such an activity, or is owned or controlled by a foreign financial institution that knowingly engages in such an activity.[38]

The bill would direct the Secretary of the Treasury to prescribe reporting, information sharing, and due diligence requirements for domestic financial institutions that maintain a correspondent account or payable-through account in the United States for a foreign financial institution. Authorizes the Secretary to waive such requirements if in the U.S. national security interests, and with congressional notification.[38]

The bill would direct the Secretary of the Treasury to identify to Congress every 180 days each foreign central bank that carries out an activity prohibited under this Act.[38]

The bill would set forth penalty requirements for specified violations under this Act.[38]

The bill would direct the President to designate Hezbollah as: (1) a significant foreign narcotics trafficker if Hezbollah meets the criteria set forth under the Foreign Narcotics Kingpin Designation Act, and (2) a significant transnational criminal organization if Hezbollah meets the criteria set forth under specified executive orders and statutes. Requires the President to report to Congress which of these criteria the President determines that Hezbollah has not met, if it does not.[38]

The bill would direct the United States Secretary of State to report to Congress regarding Hezbollah's involvement in the trade in rough diamonds outside of the Kimberley Process Certification Scheme.[38]

The bill would declare that nothing in this Act shall apply to authorized U.S. intelligence activities.[38]

The bill would state that any requirement of this Act shall cease to be in effect 30 days after the President certifies to Congress that Hezbollah: (1) is no longer designated as a foreign terrorist organization; (2) is no longer listed in the Annex to Executive Order 13224 (blocking property and prohibiting transactions with persons who commit or support terrorism); and (3) poses no significant threat to U.S. national security, interests, or allies.[38]

Congressional Budget Office report

This summary is based largely on the summary provided by the Congressional Budget Office, as ordered reported by the House Committee on Foreign Affairs on June 26, 2014. This is a public domain source.[1]

H.R. 4411 would impose sanctions on foreign financial institutions that facilitate transactions or money laundering on behalf of Hezbollah—a terrorist organization—or its agents. It would require several reports and briefings on Hezbollah and the Administration's efforts to deter its activities. The Congressional Budget Office (CBO) estimates that implementing the bill would cost $3 million over the 2015-2019 period, assuming appropriation of the necessary amounts. Pay-as-you-go procedures apply to this legislation because it would affect direct spending and revenues; however, CBO estimates that those effects would not be significant.[1]

Procedural history

The Hezbollah International Financing Prevention Act of 2014 was introduced into the United States House of Representatives on April 7, 2014 by Rep. Mark Meadows (R, NC-11).[39] It was referred to the United States House Committee on Foreign Affairs and the United States House Committee on Financial Services. On July 22, 2014, the House voted in Roll Call Vote 434 to pass the bill 404–0.[39]

Debate and discussion

Rep. Meadows, who sponsored the bill, said that "we must pass this legislation to make sure that we can do is cripple their ability to finance and put people out of harm's way."[2]

Another supporter, Rep. Brad Schneider (D-IL), said that the legislation "would give the administration the means necessary to combat Hezbollah's global financial network."[2]

Rep. Eliot Engel (D-NY) thought that sanctions would help persuade Hezbollah to negotiate.[2]

See also

References
  1. "CBO - H.R. 4411". Congressional Budget Office. Retrieved 23 July 2014.
  2. Marcos, Cristina (22 July 2014). "House votes to toughen sanctions on Hezbollah". The Hill. Retrieved 23 July 2014.
  3. "Hezbollah". The Collins English Dictionary. Glasgow: HarperCollins. 2013. Retrieved May 7, 2013.
  4. "Hezbollah". Webster's New World College Dictionary. Cleveland: Wiley Publishing, Inc. 2012. Retrieved May 7, 2013.
  5. Jamail, Dahr (July 20, 2006). "Hezbollah's transformation". Asia Times. Retrieved October 23, 2007.
  6. "Hezbollah (a.k.a. Hizbollah, Hizbu'llah)". Council on Foreign Relations. September 13, 2008. Archived from the original on September 13, 2008. Retrieved September 15, 2008.
  7. Levitt, Matthew (2013). Hezbollah: The Global Footprint of Lebanon's Party of God. p. 15. ISBN 9781849043335. ... the Jihad Council coordinates "resistance activity".
  8. Ghattas Saab, Antoine (May 15, 2014). "Hezbollah cutting costs as Iranian aid dries up". The Daily Star. Retrieved June 1, 2014. ... Hezbollah's military wing ... Known as the "Jihad Council"
  9. Kershner, Isabel (March 10, 2014). "Israel Watches Warily as Hezbollah Gains Battle Skills in Syria". New York Times. Retrieved May 30, 2014. ... the Lebanese group's image at home and in the broader Arab world has been severely damaged because it is fighting Sunni rebels in Syria while its legitimacy rested on its role in fighting Israel.
  10. Hubbard, Ben (March 20, 2014). "Syrian Fighting Gives Hezbollah New but Diffuse Purpose". New York Times. Retrieved May 30, 2014. ... the fighting has also diluted the resources that used to go exclusively to facing Israel, exacerbated sectarian divisions in the region, and alienated large segments of the majority Sunni population who once embraced Hezbollah as a liberation force... Never before have Hezbollah guerrillas fought alongside a formal army, waged war outside Lebanon or initiated broad offensives aimed at seizing territory.
  11. Barnard, Anne (May 20, 2013). "Hezbollah's Role in Syria War Shakes the Lebanese". New York Times. Retrieved June 20, 2013. Hezbollah, stronger than the Lebanese Army, has the power to drag the country into war without a government decision, as in 2006, when it set off the war by capturing two Israeli soldiers
  12. Morris, Loveday (June 12, 2013). "For Lebanon's Sunnis, growing rage at Hezbollah over role in Syria". Washington Post. Retrieved June 20, 2013. ... Hezbollah, which has a fighting force generally considered more powerful than the Lebanese army.
  13. Deeb, Lara (July 31, 2006). "Hizballah: A Primer". Middle East Report. Archived from the original on October 19, 2011. Retrieved May 31, 2011.
  14. Goldman, Adam (May 28, 2014). "Hezbollah operative wanted by FBI dies in fighting in Syria". Washington Post. Retrieved May 30, 2014. ... Hasan Nasrallah has called the deployment of his fighters to Syria a "new phase" for the movement, and it marks the first time the group has sent significant numbers of men outside Lebanon's borders.
  15. "Iran-Syria vs. Israel, Round 1: Assessments & Lessons Learned". Defense Industry Daily. September 13, 2013. Retrieved February 19, 2013.
  16. "Huge Beirut protest backs Syria". BBC News. March 8, 2005. Retrieved February 7, 2007.
  17. Filkins, Dexter (September 30, 2013). "The Shadow Commander". The New Yorker. Retrieved 4 October 2013. From 2000 to 2006, Iran contributed a hundred million dollars a year to Hezbollah. Its fighters are attractive proxies: unlike the Iranians, they speak Arabic, making them better equipped to operate in Syria and elsewhere in the Arab world.
  18. "UN: Hezbollah has increased military strength since 2006 war". Haaretz. October 25, 2007. Retrieved September 5, 2013.
  19. Frykberg, Mel (August 29, 2008). "Mideast Powers, Proxies and Paymasters Bluster and Rearm". Middle East Times. Retrieved May 31, 2011. And if there is one thing that ideologically and diametrically opposed Hezbollah and Israel agree on, it is Hezbollah's growing military strength.
  20. "Security council endorses secretary-general's conclusion on Israeli withdrawal from Lebanon as of 16 June". United Nations Security Council. June 18, 2000. Retrieved September 29, 2006.
  21. Ghattas, Kim (December 1, 2006). "Political ferment in Lebanon". BBC News. Retrieved August 15, 2008.
  22. Stern, Yoav; Issacharoff, Avi (May 10, 2008). "Hezbollah fighters retreat from Beirut after 37 die in clashes". Haaretz. Archived from the original on May 12, 2008. Retrieved October 20, 2012.
  23. Nafez Qawas (August 6, 2008). "Berri summons Parliament to vote on policy statement". The Daily Star. Retrieved August 6, 2008.
  24. Barnard, Anne (January 3, 2014). "Mystery in Hezbollah Operatives Life and Death". The New York Times.
  25. Barnard, Anne (July 9, 2013). "Car Bombing Injures Dozens in Hezbollah Section of Beirut". The New York Times. Retrieved August 30, 2013. Hezbollah has portrayed the Syrian uprising as an Israeli-backed plot to destroy its alliance with Mr. Assad against Israel.
  26. James B. Steinberg. "Designation of Kata'ib Hizballah as a Foreign Terrorist Organization". Bureau of Public Affairs, Office of the Spokesman. Retrieved March 12, 2013.
  27. "Jewish Leaders Applaud Hezbollah Terror Designation by France". Algemeiner Journal. April 4, 2013. Retrieved September 4, 2013.
  28. "GCC: Hezbollah terror group". Arab News. June 3, 2013. Retrieved June 3, 2013.
  29. "Proscribed terror groups or organisations". GOV.UK. Home Office and Minister for Security and Immigration. June 27, 2014. p. 8. Archived from the original (PDF) on 30 June 2006. Retrieved 11 July 2014.
  30. "Listed terrorist organisations - Hizballah's External Security Organisation (ESO)". Australian National Security. Retrieved 11 July 2014.
  31. "Listed Terrorist Entities - Currently Listed Entities". Government of Canada. Public Safety Canada. March 24, 2014. Retrieved 11 July 2014.
  32. Norman, Lawrence; Fairclough, Gordon (September 7, 2012). "Pressure Mounts for EU to Put Hezbollah on Terror List". Wall Street Journal. Retrieved November 3, 2012.
  33. Krieger, Hilary Leila; Weinthal, Benjamin (October 26, 2012). "US official urges EU to name Hezbollah 'terrorists". Jerusalem Post. Archived from the original on November 2, 2012. Retrieved November 3, 2012.
  34. "Dutch FM urges EU to place Hezbollah on terror group list". JTA. September 6, 2012. Retrieved November 3, 2012.
  35. Muriel Asseraf, "Prospects for Adding Hezbollah to the EU Terrorist List" Archived 2011-02-11 at the Wayback Machine, September 2007
  36. Kanter, James, Rudoren, Jodi (July 22, 2013). "European Union Adds Military Wing of Hezbollah to List of Terrorist Organizations". New York Times. Retrieved September 4, 2013.CS1 maint: multiple names: authors list (link)
  37. "The uncertain future of China-Israel relations". Al Arabiya Network. 4 April 2014. Retrieved 22 May 2014.
  38. "H.R. 4411 - Summary". United States Congress. Retrieved 23 July 2014.
  39. "H.R. 4411 - All Actions". United States Congress. Retrieved 23 July 2014.

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