Protect Against Conflict by Turkey "PACT" Act

Protect Against Conflict by Turkey (PACT) Act (HR 4695)

BACKGROUND: 

 The Kurds are one of the largest ethnic groups in the Middle East and have been advocating (and fighting) for their own state for centuries. There are large Kurdish communities in Iran, Iraq, Armenia, Syria and Turkey totaling an estimated 35 million people. Both Iraq under Saddam Hussein and Turkey under a series of leaders have engaged in bloody warfare against various Kurdish groups for years.

 The United States has had a history of support for, and abandonment of, the Kurds over the past 50 years. In the 1970s, the U.S. government secretly armed the Iraqi-Kurdish Peshmerga in their fight against Saddam. Such support, however, did not prevent Saddam from gassing large numbers of Kurds in 1988, nor did it lead to the United States providing military support to Iraqi Kurds following the Gulf War in 1991 when the Kurds, like their Shia counterparts in the south, rose up against Saddam following his defeat by U.S. forces. Although the United States eventually established a no-fly zone to protect the Kurds from Saddam's aerial forces, Iraqi tanks still forced many Kurds to flee to the mountains of northern Iraq.

 In recent years, the Kurds have been instrumental in defeating the Islamic State's (ISIS) "Califate" that stretched across Syria and Iraq, losing an estimated 11,000 fighters in the process. The Syrian Democratic Forces, or SDF, is a Kurdish-led militia in northeastern Syria that has borne the brunt of the actual fighting against ISIS, and has been working with the U.S. military to eliminate remnants of ISIS in Syria.

Withdrawal of U.S. Forces

Founded in 2015, the SDF is considered by Turkey to be an offshoot of the People's Protection Units (YPG), the mostly Kurdish military arm of the Kurdistan Workers' Party or PKK, which is based in Turkey and Iraq and is considered a terrorist group by both Ankara and Washington.

Since Syria this decade devolved into civil war, President Recep Tayyip Erdogan of Turkey has shown a desire to cross into Syria to attack their historic foe, the Kurds — even though supporters of the SDF (including most U.S. officials) say many SDF fighters are not Kurds and that it has little to do with YPG operators in Turkey. But the presence of U.S. military forces with the SDF served as an impediment to Turkish incursions against the SDF. To reduce tensions, U.S. military officials convinced the SDF to move major weapons systems away from the border with Turkey and to dismantle a series of fortifications as a show of goodwill towards Turkey.

On Oct. 6, President Donald Trump conducted a call with President Recep Tayyip Erdogan of Turkey after which Trump announced the immediate withdrawal of U.S. military forces from northern Syria. Although the number of U.S. soldiers involved is small (approximately 100 near the Turkish border and roughly 1,000 in other parts of Syria), critics say Trump effectively gave Erdogan a "green light" to attack the Kurds and that the president's action constitutes a "betrayal" of a valued ally.

Following his initial announcement, Trump tweeted that Turkey would not engage in any large-scale operations. "As I have stated strongly before, and just to reiterate, if Turkey does anything that I, in my great and unmatched wisdom, consider to be off limits, I will totally destroy and obliterate the Economy of Turkey (I've done before!)"

 Trump on Oct. 9 also sent Erdogan a letter in which he implored "Let's work out a good deal!" He went on to tell Erdogan, "Don't be a tough guy. Don't be a fool!" The BBC reported that Erdogan angrily threw the letter in the trash.

Turkish Incursion

Following the withdrawal of U.S. forces, however, Turkish troops began entering northern Syria in large numbers and heavy fighting ensued, with both civilians and combatants reportedly being killed. In the aftermath of the incursion, hundreds of ISIS fighters and supporters who had earlier been captured reportedly escaped after their Kurdish guards left to join the fight. Meanwhile, to help counter the Turkish military, the SDF allied itself with the Syrian regime of Bashar al Assad and his Russian backers.

In response to the chaos caused by the Turkish military incursion, the Trump administration on Oct. 14 announced it was imposing sanctions on three Turkish officials for their role in the incursion, halting negotiations on a new trade agreement with Ankara, and reinstituting 50% tariffs on Turkish steel imports.

The same day, Trump further defended his decision by tweeting: "After defeating 100% of the ISIS Caliphate, I largely moved our troops out of Syria. Let Syria and Assad protect the Kurds and fight Turkey for their own land. I said to my Generals, why should we be fighting for Syria and Assad to protect the land of our enemy? Anyone who wants to assist Syria in protecting the Kurds is good with me, whether it is Russia, China, or Napoleon Bonaparte. I hope they all do great, we are 7,000 miles away!"

Cease Fire

On Oct. 17, President Trump announced that Vice President Mike Pence had reached an agreement with Erdogan for Turkey to halt operations in northern Syria for five days. Critics claimed the agreement essentially gave a stamp of approval to Turkey's invasion and did little more than allow Kurdish fighters and civilians to flee the 20-mile corridor being occupied by the Turks. As part of the non-binding short-term deal, the United States agreed to lift the limited sanctions that were imposed Oct. 14.

Trump subsequently called the agreement an "amazing outcome" and a "great day for civilization," and tweeted that "people have been trying to make this 'Deal' for many years" (although there is no evidence that prior U.S. administrations attempted to reach any similar agreement). He went on to praise Erdogan, hailing him as a "hell of a leader." "He's a strong man, and he did the right thing and I really appreciate it, and I will appreciate it in the future," said Trump, who hinted that Erdogan would be invited to visit the White House next month.

Meanwhile, on Oct. 22, Russia and Turkey concluded an agreement under which Russian and Turkish troops will take joint control over the 70-mile by 20-mile corridor of formerly Kurdish-held territory in northern Syria. Turkey the next day announced it was extending the cease-fire indefinitely, leading Trump to announce that the U.S. had removed sanctions imposed on Turkey's Ministry of National Defense and the Ministry of Energy and Natural Resources, as well as the Turkish Minister of National Defense, Minister of Energy and Natural Resources, and the Minister of the Interior. Russian forces have since moved into the corridor.

In a public address on Oct. 23, Trump declared a major diplomatic victory, saying that a "permanent" cease-fire had been established in northeastern Syria. "This was an outcome created by us, the United States, and nobody else, no other nation. Very simple," Trump stated. He said that the U.S. would no longer be fighting "endless wars" and in response to critics who say he abandoned the Kurds, Trump said that "now people are saying, 'Wow. What a great outcome. Congratulations.'"

However, almost every observer of the situation believes the "agreement" is entirely one-sided and benefits only Turkey, Syrian President Assad, Iran and ISIS, and that it reduces U.S. influence in the region while significantly bolstering Russian authority. It also does little to resolve longstanding regional disputes, including those between Ankara and the Kurds, experts say.

SUMMARY: This bill requires the president to impose sanctions on senior Turkish officials involved in the invasion of northern Syria and on Turkish banks involved in the defense sector, until Turkey ends its military operations in Syria. It also prohibits the export of U.S. defense articles to the Turkish military for use in northern Syria.

However, it allows the president to waive sanctions on individuals on a case-by-case basis, and provides general waiver authority for humanitarian assistance with respect to any sanctions.

The measure's provisions would sunset three years after enactment.

Sanctions on Individuals

The measure requires the president, within 15 days of enactment, to impose sanctions against the Turkish Minister of National Defense, Chief of the General Staff, Commander of the 2nd Turkish Army, and the Minister of Treasury and Finance.

Sanctions include the denial of visas, revocation of existing visas, the blocking of U.S. property transactions, and freezing of U.S. assets.

In addition, within 30 days of enactment, the secretary of State must compile a list of senior Turkish officials involved in the decision to invade northern Syria, as well as those involved with attacks against Syrian Democratic Forces, Kurdish and Arab civilians, or other religious or ethnic minority communities in northern Syria.

Within 15 days after receiving that list the president must impose sanctions against such individuals. The list must be updated every 60 days.

The measure also requires the secretary of State to compile a list of foreign persons determined to knowingly have provided, on or after the date of enactment, defense articles, defense services, or technology to the government of Turkey if such items could be used in operations by the Turkish military in northern Syria. After receiving such a list the president must impose sanctions against such individuals.

Other Sanctions

The bill requires the president to impose immediate sanctions on Turkey's state-run Halkbank and any other Turkish financial institutions that facilitate transactions for the Turkish military and defense industry.

It also requires the administration to impose various sanctions against Turkey within 30 days of enactment for its purchase of the Russian-made S-400 air and missile defense system.

Turkey is the only NATO member that plans to purchase that system, and concerns have been raised that if Turkey operates both the F-35 fighter jet and the S-400 system (which would necessitate Russian trainers), that Russian experts would be better able to study both the plane's capabilities and potential vulnerabilities.

The Pentagon has already removed Turkey from the F-35 program, including removing production of various parts from Turkish facilities, even though the NATO ally was a full international partner in the development of the fighter.

Arms Exports

The measure prohibits U.S. arms exports to the Turkish military if such arms could be used in operations in Syria, and it bars the use of emergency presidential waiver provisions in the Arms Export Control Act for Turkey to circumvent the bill's prohibition.

The prohibition, however, would not apply to arms exports for Turkish military operations approved by NATO.

Reports

 The bill requires the president to develop a plan to ensure that ISIS detainees held in Syria remain under proper custody and do not threaten U.S. security interests.

 It also requires the administration to create a plan for how the United States will assist Syrian Kurdish communities, including those needing immediate humanitarian aid.

Finally, it requires a report on the estimated net worth and known sources of income of Turkish President Erdogan and his family members (including spouse, children, parents, and siblings), including assets, investments, other business interests, and relevant beneficial ownership information.