RSF Terrorist Designation Act

(a) Review. 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).

(b) Submission of results and determination. 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.

(c) Imposition of sanctions. 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.

(d) 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 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) Aliens inadmissible for visas, admission, or parole

(A) In general. 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.).

(B) Current visas revoked

(i) In general. 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.

(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.

(e) Exceptions

(1) Exception to comply with international obligations. 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.

(2) Exception relating to the provision of humanitarian assistance. 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.

(3) Exception for intelligence, law enforcement, and national security activities. 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.

(4) Classified information. 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.

(f) Waiver. 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.