U.S. House Votes to Sanction Turkey for Incursion Into Syria - H.R.4695

Sanctions would be imposed on Turkish officials for their involvement in military operations against Syrian Kurdish forces and other affected communities in northern Syria under a modified version of H.R. 4695.

The U.S. military has worked with Kurdish-led Syrian Democratic Forces (SDF) against the Islamic State group, also known as ISIS, since 2015. Turkey, however, considers the Kurdish militia to be terrorists and a major threat to its security and has opposed the U.S.-Kurdish alliance. An adviser to Turkish President Recep Tayyip Erdogan said the goals of military action in northern Syria would be to counter terrorism and establish a safe zone to allow the return of Syrian refugees.

“Turkey’s military operation has already resulted in civilian casualties and threatens global security by creating conditions that will enable an ISIS resurgence,” said House Foreign Affairs ranking member Michael McCaul (R-Texas) in an Oct. 11 news release.

The measure also would:

• Sanction Turkey for purchasing Russian antiaircraft weapons system.
• Bar arms transfers to Turkish military forces in northern Syria.
• Require the Defense Department to submit a plan to ensure ISIS detainees and their families in Syria are under proper custody.
• Require the State Department to submit a strategy to prevent the resurgence of ISIS.

The modified bill set for floor consideration includes changes related to sanctions waivers, State Department reporting requirements, and designations of various Kurdish and Syrian groups who have partnered with the U.S. in Syria as “refugees of special humanitarian concern.”

Background

The White House announced on Oct. 6 that U.S. forces wouldn’t support or be involved in Turkey’s plans to target Syrian Kurdish forces and ISIS and would “no longer be in the immediate area.”

Following the announcement, State Department officials responded that troops were transferred within Syria for security purposes and that the move didn’t represent a broader withdrawal of U.S. forces.

President Donald Trump later warned Turkey that it would face economic consequences if “they do anything outside of what we think is humane.” The administration has since called for a cease-fire in Syria, imposed sanctions on members of Turkey’s cabinet, and increased tariffs on Turkish steel imports. It also suspended negotiations over a U.S.-Turkey trade deal.

Turkey agreed to a 120-hour cease-fire in Syria that could be extended if Kurdish forces leave the northern border, following talks with Vice President Mike Pence. Under the agreement, no additional U.S. sanctions would be imposed on Turkey and existing sanctions would be withdrawn if a permanent cease-fire is reached.

Before the expiration of the cease-fire, Turkey and Russia reached a deal to secure and patrol a buffer zone in northern Syria, under which Kurdish forces would be removed from the area.

On Oct. 23, Trump directed the Treasury Department to lift sanctions after Turkey’s compliance with the cease-fire agreement, though he said penalties would be reimposed if Turkey resumes attacks on the Kurds.

“Trump’s announcement makes it abundantly clear that he has no intention of holding Erdogan accountable for the atrocities that have ensued as a result of his catastrophic decision,” House Foreign Affairs Committee Chairman Eliot Engel (D-N.Y.) said in an Oct. 23 statement. “Given President Trump’s failure to provide U.S. leadership, it is now up to Congress to press Turkey to reverse its terrible policy.”

Sanctions

The president would be required to impose, within 15 days of the bill’s enactment, sanctions on Turkey’s minister of defense, minister of treasury and finance, and senior officials of the Turkish armed forces in connection with the military invasion of northern Syria.

The State Department, in consultation with the Defense Department and the Office of the Director of National Intelligence (DNI), would have to submit to the president and Congress, within 30 days of enactment, a list of:

• Senior Turkish defense officials involved in the decision to invade northern Syria.
• Senior Turkish military officials leading attacks against the SDF, Kurdish and Arab civilians, or other affected communities.
• Turkish officials significantly facilitating the military operations.
• Any Turkish official or member of the Turkish armed forces responsible for a gross human rights violation.

The president would have to impose sanctions on identified persons within 15 days of the list’s submission or any update.

The bill would direct the president to impose sanctions, within 15 days of enactment, on Turkey’s state-owned bank, Halkbank, or any successor entity.

Sanctions would be imposed on any foreign bank that has knowingly facilitated significant transactions for the Turkish armed forces or defense sector related to the military invasion of northern Syria within 60 days of a determination from the State Department.

The president could waive the sanctions for as long as 90 days after certifying to Congress that:

• It’s in U.S. national security interests.
• Turkey has ceased attacks against the SDF, Kurdish and Arab civilians, and other affected communities in northern Syria.
• Turkey isn’t obstructing counterterrorism operations against ISIS.

Waivers could be renewed for an additional 90 days.

The State Department would have to submit a separate list of any foreign persons who have knowingly provided defense articles, services, or technology to Turkey’s government if they could be used in operations by the Turkish armed forces in northern Syria. Sanctions would be imposed on those individuals, but could be waived in the interest of national security.

Sanctions wouldn’t apply to arms transfers for U.S. military use or in operations approved by the North Atlantic Treaty Organization (NATO).

The bill would require the administration to revoke visas of, bar entrance to, and freeze U.S. assets of identified individuals and entities.

Sanctions wouldn’t be imposed on activities necessary to fulfill U.S. international obligations or on imported goods.

Sanctions on Turkish officials, including foreign persons who have provided arms to Turkey, would terminate after the president certifies to Congress that:

• Turkey has ceased attacks against the SDF, Kurdish and Arab civilians, and other affected communities in northern Syria.
• Turkish forces not involved in operations with NATO allies or the Global Coalition to Defeat ISIS have withdrawn from northern Syria.
• Turkey isn’t interfering with counterterrorism operations against ISIS.

Sanctions on financial institutions would terminate after the president certifies to Congress that Turkey has ceased its military incursion in northern Syria.

Arms Sales

The measure would block the transfer of U.S. defense articles, services, or technology to Turkey’s government if they could be used in operations by the Turkish armed forces in northern Syria.

The prohibition wouldn’t apply to transfers for U.S. military use or in operations approved by NATO and would terminate after the president certifies to Congress that:

• Turkey has ceased attacks against the SDF, Kurdish and Arab civilians, and other affected communities in northern Syria.
• Turkish forces not involved in operations with NATO allies or the Global Coalition to Defeat ISIS have withdrawn from northern Syria.
• Turkey isn’t interfering with counterterrorism operations against ISIS.

The measure would block the president from using emergency declaration authority to waive the congressional review process for arms transfers to Turkey.

CAATSA Sanctions

The measure would designate Turkey’s July 2019 purchase of the Russian S-400 air and missile defense system as a prohibited transaction.

The president would have to impose, within 30 days of the bill’s enactment, sanctions on Turkey as required by the Countering America’s Adversaries through Sanctions Act (Public Law 115-44), which the Trump administration hasn’t imposed.

Under that law, sanctions must be imposed on those who engage in significant transactions with the Russian intelligence and defense sectors. The president can delay the imposition of sanctions if the sanctioned entity is reducing their transactions with Russia.

Sanctions could include barring a designated individual or entity from receiving:

• U.S. Export-Import Bank loan guarantees, insurance, or credit for exports.
• Export licenses for any goods or technologies controlled for national security reasons under U.S. laws.
• More than $10 million in loans or credit.
• Loans from international financial institutions.
• Procurement contracts for any goods or services.

Refugee Prioritization

The State Department, in consultation with the Homeland Security Department, would be directed to designate Syrian Kurds, stateless persons living in Syria, and other Syrians as Priority 2 refugees of special humanitarian concern if they:

• Worked with the U.S. government in Syria for at least one year or were an immediate relative of such an individual;
• Were employed in Syria for at least one year by a media or nongovernmental group based in the U.S. or an organization that received a grant, contract, or worked under a cooperative agreement with the U.S government; or
• Have immediate family in the U.S.

The department also would be authorized to similarly classify other groups of Syrians and vulnerable populations.

Applicants wouldn’t be denied based on their membership in, or support for, the SDF.

Persons provided refugee status wouldn’t count against any caps set under U.S. immigration law.

Priority 2 groups are generally able to access the U.S. refugee program without a U.N. Refugee Agency, embassy, or nongovernmental group referral, according to CRS.

Administration Plans & Reports

The Defense Department would be required to submit to Congress, within 60 days of the bill’s enactment:

• A plan to ensure ISIS detainees and their families held in Syria are under proper custody, consistent with internationally recognized human rights requirements and in a manner that doesn’tthreaten U.S. security interests.
• A report on the effects of Turkey’s invasion on counterterrorism operations in Syria.

Turkey would be responsible, according to the announcement, for all ISIS militants captured in the area over the past two years. SDF forces have about 10,000 ISIS fighters as well as an additional 70,000 family members and/or supporters in custody, according to an Oct. 11 Congressional Research Service article.

The State Department would be required to submit to Congress:

• A plan on how the U.S. would support the SDF, Kurdish and Arab civilians, and other affected communities.
• A strategy, within 60 days of the bill’s enactment, to prevent the resurgence of ISIS in Iraq and Syria, including designation of an existing official within the department to coordinate all matters relating to the long-term disposition of ISIS detainees.

The measure also would require the department to report on:

• Effects of Turkey’s invasion on the possible resurgence of ISIS and on Russian and Iranian influence in Syria, as well as joint proposed efforts with the Defense Department to stabilize Syria without limited U.S. troop presence in the area.
• Civilian harm that occurred during Turkey’s invasion, including gross human rights violations perpetrated by Turkish and pro-Turkish forces in Syria.

Other Provisions

The State Department, in consultation with the Treasury Department and DNI, would have to submit a report to Congress on the net worth and assets of Turkish President Erdogan and his family members.

The president could waive the bill’s requirements for humanitarian purposes after certifying to Congress that doing so is important to address a humanitarian need and U.S. national security interests.

The measure’s provisions would sunset three years after sanctions have terminated.