Us Congress 2025-2026 Regular Session

Us Congress Senate Bill SB1291 Compare Versions

Only one version of the bill is available at this time.
OldNewDifferences
11 II
22 119THCONGRESS
33 1
44 STSESSION S. 1291
55 To identify and evaluate the compliance of foreign free trade zones with
66 international standards, and for other purposes.
77 IN THE SENATE OF THE UNITED STATES
88 APRIL3, 2025
99 Mr. C
1010 ASSIDY(for himself and Mr. WHITEHOUSE) introduced the following bill;
1111 which was read twice and referred to the Committee on Finance
1212 A BILL
1313 To identify and evaluate the compliance of foreign free trade
1414 zones with international standards, and for other purposes.
1515 Be it enacted by the Senate and House of Representa-1
1616 tives of the United States of America in Congress assembled, 2
1717 SECTION 1. SHORT TITLE. 3
1818 This Act may be cited as the ‘‘Containing and Lim-4
1919 iting the Extensive Abuses Noticed in Free Trade Zones 5
2020 Act of 2025’’or the ‘‘CLEAN FTZ Act of 2025’’. 6
2121 SEC. 2. DEFINITIONS. 7
2222 In this Act: 8
2323 VerDate Sep 11 2014 10:23 Apr 14, 2025 Jkt 000000 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\S1291.IS S1291
2424 mprince on LAP1J3WLY3PROD with $$_JOB 2
2525 •S 1291 IS
2626 (1) COMMISSIONER.—The term ‘‘Commis-1
2727 sioner’’ means the Commissioner of U.S. Customs 2
2828 and Border Protection. 3
2929 (2) I
3030 LLICIT INTERNATIONAL TRADE .—The term 4
3131 ‘‘illicit international trade’’ means any practice or 5
3232 conduct that— 6
3333 (A) is prohibited by United States law or 7
3434 in violation of relevant international standards, 8
3535 including the guidelines and standards de-9
3636 scribed in section 4(b)(3); and 10
3737 (B) relates to production, shipment, re-11
3838 ceipt, possession, distribution, sale, or purchase 12
3939 of any goods, including any practice or conduct 13
4040 intended to facilitate such activity. 14
4141 (3) N
4242 ON-UNITED STATES FREE TRADE ZONE ; 15
4343 ZONE.— 16
4444 (A) I
4545 N GENERAL.—The terms ‘‘non-United 17
4646 States free trade zone’’ and ‘‘zone’’ mean a des-18
4747 ignated area within the customs territory of a 19
4848 foreign country that is treated for purposes of 20
4949 payment of duties or taxes as though the area 21
5050 were located outside the customs territory of 22
5151 that country. 23
5252 (B) S
5353 YNONYMOUS TERMS .—Synonymous 24
5454 terms commonly used to refer to zones de-25
5555 VerDate Sep 11 2014 10:23 Apr 14, 2025 Jkt 000000 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\S1291.IS S1291
5656 mprince on LAP1J3WLY3PROD with $$_JOB 3
5757 •S 1291 IS
5858 scribed in subparagraph (A) include ‘‘free 1
5959 zones’’, ‘‘special economic zones’’, ‘‘export proc-2
6060 essing zones’’, ‘‘free economic zones’’, and 3
6161 ‘‘freeports’’. 4
6262 (4) P
6363 ERSON.—The term ‘‘person’’ means an in-5
6464 dividual or entity. 6
6565 SEC. 3. IDENTIFICATION OF INTERNATIONAL FREE TRADE 7
6666 ZONES. 8
6767 (a) I
6868 NGENERAL.—Not later than 2 years after the 9
6969 date of the enactment of this Act, the Commissioner, in 10
7070 consultation with the Secretary of Commerce, the Sec-11
7171 retary of State, the Secretary of the Treasury, and the 12
7272 United States Trade Representative, shall identify and 13
7373 publish, on a publicly accessible internet website, a list of 14
7474 non-United States free trade zones that includes the iden-15
7575 tity, location, and administrators of each such zone. 16
7676 (b) P
7777 ERIODICREVIEWS.—The Commissioner shall 17
7878 review the list of non-United State free trade zones re-18
7979 quired by subsection (a) on a periodic basis, and not less 19
8080 frequently than annually— 20
8181 (1) to ensure the information included for each 21
8282 zone is correct; 22
8383 (2) to add new zones to the list; and 23
8484 (3) to remove zones no longer in existence from 24
8585 the list. 25
8686 VerDate Sep 11 2014 10:23 Apr 14, 2025 Jkt 000000 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\S1291.IS S1291
8787 mprince on LAP1J3WLY3PROD with $$_JOB 4
8888 •S 1291 IS
8989 SEC. 4. CLASSIFICATION OF COUNTRIES INTO TIERS. 1
9090 (a) I
9191 NGENERAL.—Not later than 180 days after the 2
9292 list of zones required by section 3 is published, the Com-3
9393 missioner, in consultation with the Secretary of Com-4
9494 merce, the Secretary of State, the Secretary of the Treas-5
9595 ury, and the United States Trade Representative, shall 6
9696 publish, on a publicly accessible internet website, a classi-7
9797 fication of the countries in which those zones are located 8
9898 into tiers as provided by this section. 9
9999 (b) M
100100 ETHODOLOGY.—The Commissioner shall base 10
101101 the tier classification of countries under subsection (a) on 11
102102 the following standards: 12
103103 (1) Maintenance of a low level of transnational 13
104104 criminal activity in illegally trading narcotics, arms, 14
105105 persons, tobacco, counterfeit consumer goods, com-15
106106 modities, and wildlife occurring in zones located in 16
107107 a country. 17
108108 (2) Effective efforts by the government of the 18
109109 country to counter illicit international trade in zones 19
110110 located in the country, including the effectiveness of 20
111111 penalties and sanctions imposed on countering such 21
112112 trade, compliance with United States and United 22
113113 Nations sanctions regimes, screening practices to de-23
114114 tect illicit goods, and eliminating criminal activities 24
115115 related to illicit international trade. 25
116116 VerDate Sep 11 2014 10:23 Apr 14, 2025 Jkt 000000 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\S1291.IS S1291
117117 mprince on LAP1J3WLY3PROD with $$_JOB 5
118118 •S 1291 IS
119119 (3) The compliance of zones located in the 1
120120 country with the international guidelines and stand-2
121121 ards set forth in— 3
122122 (A) the document of the Organisation for 4
123123 Economic Co-operation and Development enti-5
124124 tled ‘‘Recommendation on Countering Illicit 6
125125 Trade: Enhancing Transparency in Free Trade 7
126126 Zones’’; 8
127127 (B) chapter 2 of Specific Annex D of the 9
128128 International Convention on the Simplification 10
129129 and Harmonization of Customs Procedures, 11
130130 done at Kyoto, Japan, on May 18, 1973, as 12
131131 amended by the Protocol of Amendment, done 13
132132 at Brussels, Belgium, on June 26, 1999 (com-14
133133 monly referred to as the ‘‘Revised Kyoto Con-15
134134 vention’’); 16
135135 (C) the United Nations Convention against 17
136136 Transnational Organized Crime, done at New 18
137137 York November 15, 2000, and entered into 19
138138 force September 29, 2003 (TIAS 13127); 20
139139 (D) the United Nations Convention against 21
140140 Illicit Traffic in Narcotic Drugs and Psycho-22
141141 tropic Substances, done at Vienna December 23
142142 20, 1988; 24
143143 VerDate Sep 11 2014 10:23 Apr 14, 2025 Jkt 000000 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\S1291.IS S1291
144144 mprince on LAP1J3WLY3PROD with $$_JOB 6
145145 •S 1291 IS
146146 (E) the international standards on com-1
147147 bating money laundering and the financing of 2
148148 terrorism and proliferation of the Financial Ac-3
149149 tion Task Force; 4
150150 (F) the United Nations Convention against 5
151151 Corruption, signed at Merida December 9, 6
152152 2003; 7
153153 (G) the Practical Guidance on Free Zones 8
154154 of the World Customs Organization; 9
155155 (H) the Agreement on Trade Facilitation 10
156156 of the World Trade Organization; 11
157157 (I) the Agreement on Trade-Related As-12
158158 pects of Intellectual Property Rights of the 13
159159 World Trade Organization (commonly referred 14
160160 to as the ‘‘TRIPS Agreement’’); and 15
161161 (J) best practices and guidelines of multi-16
162162 lateral export control regimes of which the 17
163163 United States is a member, including practices 18
164164 and guidelines related to implementation of con-19
165165 trols on transit and transshipment of export- 20
166166 controlled commodities, software, and tech-21
167167 nology. 22
168168 (4) Such other standards as the Commissioner 23
169169 considers relevant. 24
170170 VerDate Sep 11 2014 10:23 Apr 14, 2025 Jkt 000000 PO 00000 Frm 00006 Fmt 6652 Sfmt 6201 E:\BILLS\S1291.IS S1291
171171 mprince on LAP1J3WLY3PROD with $$_JOB 7
172172 •S 1291 IS
173173 (c) TIERS.—The Commissioner, in consultation with 1
174174 the Secretary of Commerce, the Secretary of State, the 2
175175 Secretary of the Treasury, and the United States Trade 3
176176 Representative, shall classify each country in which zones 4
177177 on the list required by section 3 are located into one of 5
178178 the following 4 tiers: 6
179179 (1) Countries with zones that fully comply with 7
180180 standards described in subsection (b) (to be known 8
181181 as ‘‘tier I countries’’). 9
182182 (2) Countries with zones that do not fully com-10
183183 ply with those standards but are making significant 11
184184 efforts to bring themselves into compliance with 12
185185 those standards (to be known as ‘‘tier II countries’’). 13
186186 (3) Countries (to be known as ‘‘tier III coun-14
187187 tries’’) with zones that do not fully comply with 15
188188 those standards and are making efforts to bring 16
189189 themselves into compliance with those standards, 17
190190 but— 18
191191 (A) the volume of goods or type of goods 19
192192 processed in those zones is significant and the 20
193193 country is not taking proportional concrete ac-21
194194 tions; or 22
195195 (B) there is a failure to provide evidence of 23
196196 increasing efforts to combat illicit international 24
197197 trade in those zones from the previous year. 25
198198 VerDate Sep 11 2014 10:23 Apr 14, 2025 Jkt 000000 PO 00000 Frm 00007 Fmt 6652 Sfmt 6201 E:\BILLS\S1291.IS S1291
199199 mprince on LAP1J3WLY3PROD with $$_JOB 8
200200 •S 1291 IS
201201 (4) Countries with zones that do not comply 1
202202 with those standards and are not making efforts to 2
203203 bring themselves into compliance with those stand-3
204204 ards (to be known as ‘‘tier IV countries’’). 4
205205 (d) P
206206 UBLICATION OFCLASSIFICATIONCRITERIA.— 5
207207 The Commissioner shall publish the assessment criteria 6
208208 and methodology used to classify countries into the tiers 7
209209 described in subsection (c). 8
210210 (e) C
211211 LASSIFICATIONCHANGE.— 9
212212 (1) P
213213 ROGRESS IN MEETING STANDARDS .—A 10
214214 tier II, tier III, or tier IV country may be reclassi-11
215215 fied as a tier I, tier II, or tier III country, respec-12
216216 tively, if the zones located in the country show sig-13
217217 nificant progress in complying with the standards 14
218218 described in subsection (b), as determined by the 15
219219 Commissioner, in consultation with the Secretary of 16
220220 Commerce, the Secretary of State, the Secretary of 17
221221 the Treasury, and the United States Trade Rep-18
222222 resentative. 19
223223 (2) D
224224 ECREASING COMPLIANCE WITH STAND -20
225225 ARDS.—A tier I, tier II, or tier III country may be 21
226226 reclassified as a tier II, tier III, or tier IV country, 22
227227 respectively, if the zones located in the country show 23
228228 decreasing compliance with the standards described 24
229229 in subsection (b), as determined by the Commis-25
230230 VerDate Sep 11 2014 10:23 Apr 14, 2025 Jkt 000000 PO 00000 Frm 00008 Fmt 6652 Sfmt 6201 E:\BILLS\S1291.IS S1291
231231 mprince on LAP1J3WLY3PROD with $$_JOB 9
232232 •S 1291 IS
233233 sioner, in consultation with the Secretary of Com-1
234234 merce, the Secretary of State, the Secretary of the 2
235235 Treasury, and the United States Trade Representa-3
236236 tive. 4
237237 (f) N
238238 OTIFICATION TOZONES.—Not later than 240 5
239239 days after publishing the classification of countries re-6
240240 quired by subsection (a), the Commissioner shall notify the 7
241241 government of each country of the tier to which the coun-8
242242 try was classified. 9
243243 (g) P
244244 ERIODICREVIEWS.—The Commissioner shall 10
245245 review each country in which zones on the list required 11
246246 by section 3 are located on a periodic basis, and not less 12
247247 frequently than annually, to determine whether the coun-13
248248 try is correctly classified under this section. 14
249249 SEC. 5. ASSISTANCE WITH RESPECT TO TIER II, TIER III, 15
250250 AND TIER IV COUNTRIES. 16
251251 (a) I
252252 NGENERAL.—The Commissioner may provide 17
253253 recommendations and best practice methodologies to coun-18
254254 tries classified as tier II, tier III, or tier IV countries 19
255255 under section 4 to improve the effectiveness of law en-20
256256 forcement and to combat illicit international trade in the 21
257257 zones located in those countries. 22
258258 (b) F
259259 OREIGNCOMMERCIALSERVICESTRATEGY.— 23
260260 The Commissioner shall consider the list of zones required 24
261261 by section 3 in the development of strategies regarding 25
262262 VerDate Sep 11 2014 10:23 Apr 14, 2025 Jkt 000000 PO 00000 Frm 00009 Fmt 6652 Sfmt 6201 E:\BILLS\S1291.IS S1291
263263 mprince on LAP1J3WLY3PROD with $$_JOB 10
264264 •S 1291 IS
265265 the distribution, priorities, and activities of foreign com-1
266266 mercial service officers in countries classified as tier II, 2
267267 tier III, or tier IV countries under section 4. 3
268268 (c) S
269269 CRUTINYUNDERSANCTIONSLAWS.—The Com-4
270270 missioner shall monitor countries classified as tier II, tier 5
271271 III, or tier IV countries under section 4 to determine if 6
272272 the President may impose the measures under section 6 7
273273 to ensure greater implementation in the zones located in 8
274274 those countries of the standards described in section 4(b). 9
275275 (d) P
276276 HONEHOTLINE ANDSECUREWEBSITE FOR 10
277277 R
278278 EPORTING.—The Commissioner shall establish and 11
279279 maintain a dedicated, publicly accessible telephone hotline 12
280280 and secure internet website for entities operating in a zone 13
281281 located in a tier I, tier II, tier III, or tier IV country to 14
282282 report instances of illicit international trade in that zone 15
283283 that— 16
284284 (1) impact or potentially impact their oper-17
285285 ations; or 18
286286 (2) may justify reclassification of the country 19
287287 under section 4(e). 20
288288 VerDate Sep 11 2014 10:23 Apr 14, 2025 Jkt 000000 PO 00000 Frm 00010 Fmt 6652 Sfmt 6201 E:\BILLS\S1291.IS S1291
289289 mprince on LAP1J3WLY3PROD with $$_JOB 11
290290 •S 1291 IS
291291 SEC. 6. IMPOSITION OF ECONOMIC SANCTIONS AND VISA 1
292292 RESTRICTIONS WITH RESPECT TO FACILITA-2
293293 TION AND SUPPORT OF ILLICIT INTER-3
294294 NATIONAL TRADE IN TIER II, TIER III, AND 4
295295 TIER IV COUNTRIES. 5
296296 (a) I
297297 NGENERAL.—The President may impose the 6
298298 measures described in subsection (b) with respect to any 7
299299 foreign person that the President determines, on or after 8
300300 the date of the enactment of this Act and based on credible 9
301301 evidence— 10
302302 (1) has organized, arranged, financed, con-11
303303 ducted, or participated in illicit international trade 12
304304 within a zone located in a country classified as a tier 13
305305 II, tier III, or tier IV country under section 4; 14
306306 (2) has acted as an agent of or on behalf of an-15
307307 other foreign person in facilitating an action leading 16
308308 to illicit international trade occurring in such a zone; 17
309309 (3) has materially assisted, sponsored, or pro-18
310310 vided financial, material, or technological support 19
311311 for, or goods or services in support of, illicit inter-20
312312 national trade occurring in such a zone; or 21
313313 (4) has conducted or facilitated corruption or 22
314314 money laundering occurring in such a zone. 23
315315 (b) M
316316 EASURESDESCRIBED.—The measures de-24
317317 scribed in this subsection are the following: 25
318318 VerDate Sep 11 2014 10:23 Apr 14, 2025 Jkt 000000 PO 00000 Frm 00011 Fmt 6652 Sfmt 6201 E:\BILLS\S1291.IS S1291
319319 mprince on LAP1J3WLY3PROD with $$_JOB 12
320320 •S 1291 IS
321321 (1) BLOCKING OF PROPERTY .—The President 1
322322 may exercise all of the powers granted to the Presi-2
323323 dent under the International Emergency Economic 3
324324 Powers Act (50 U.S.C. 1701 et seq.) to the extent 4
325325 necessary to block and prohibit all transactions in 5
326326 property and interests in property of a foreign per-6
327327 son described in subsection (a) if such property and 7
328328 interests in property are in the United States, come 8
329329 within the United States, or are or come within the 9
330330 possession or control of a United States person. 10
331331 (2) I
332332 NELIGIBILITY FOR VISAS, ADMISSION, OR 11
333333 PAROLE.— 12
334334 (A) V
335335 ISAS, ADMISSION, OR PAROLE.—A 13
336336 noncitizen described in subsection (a) is— 14
337337 (i) inadmissible to the United States; 15
338338 (ii) ineligible to receive a visa or other 16
339339 documentation to enter the United States; 17
340340 and 18
341341 (iii) otherwise ineligible to be admitted 19
342342 or paroled into the United States or to re-20
343343 ceive any other benefit under the Immigra-21
344344 tion and Nationality Act (8 U.S.C. 1101 et 22
345345 seq.). 23
346346 (B) C
347347 URRENT VISAS REVOKED .—A noncit-24
348348 izen described in subparagraph (A) is subject to 25
349349 VerDate Sep 11 2014 10:23 Apr 14, 2025 Jkt 000000 PO 00000 Frm 00012 Fmt 6652 Sfmt 6201 E:\BILLS\S1291.IS S1291
350350 mprince on LAP1J3WLY3PROD with $$_JOB 13
351351 •S 1291 IS
352352 revocation and cancellation, in accordance with 1
353353 section 221(i) of the Immigration and Nation-2
354354 ality Act (8 U.S.C. 1201(i)), of any visa or 3
355355 other entry documentation in the possession of 4
356356 the noncitizen, regardless of when the visa or 5
357357 other entry documentation is or was issued. 6
358358 (c) I
359359 MPLEMENTATION; PENALTIES.— 7
360360 (1) I
361361 MPLEMENTATION.—The President may ex-8
362362 ercise all authorities provided under sections 203 9
363363 and 205 of the International Emergency Economic 10
364364 Powers Act (50 U.S.C. 1702 and 1704) to carry out 11
365365 this section, including investigating, regulating, or 12
366366 prohibiting— 13
367367 (A) any transactions in foreign exchange 14
368368 by any person, or with respect to any property, 15
369369 subject to the jurisdiction of the United States; 16
370370 (B) transfers of credit or payments be-17
371371 tween, by, through, or to any banking institu-18
372372 tion, to the extent that such transfers or pay-19
373373 ments involve— 20
374374 (i) any interest of any foreign country 21
375375 or national of a foreign country; and 22
376376 (ii) any person, or with respect to any 23
377377 property, subject to the jurisdiction of the 24
378378 United States; and 25
379379 VerDate Sep 11 2014 02:46 Apr 16, 2025 Jkt 059200 PO 00000 Frm 00013 Fmt 6652 Sfmt 6201 E:\BILLS\S1291.IS S1291
380380 mprince on LAP1J3WLY3PROD with $$_JOB 14
381381 •S 1291 IS
382382 (C) the importing or exporting of cur-1
383383 rencies or securities any person, or with respect 2
384384 to any property, subject to the jurisdiction of 3
385385 the United States. 4
386386 (2) P
387387 ENALTIES.—Any person that violates, at-5
388388 tempts to violate, conspires to violate, or causes a 6
389389 violation of subsection (b)(1) or a regulation, license, 7
390390 or order issued to carry out that subsection shall be 8
391391 subject to the penalties set forth in subsections (b) 9
392392 and (c) of section 206 of the International Emer-10
393393 gency Economic Powers Act (50 U.S.C. 1705) to the 11
394394 same extent as a person that commits an unlawful 12
395395 act described in subsection (a) of that section. 13
396396 (d) E
397397 XCEPTIONTOCOMPLYWITHUNITEDNATIONS 14
398398 H
399399 EADQUARTERS AGREEMENT AND LAWENFORCEMENT 15
400400 O
401401 BJECTIVES.—Subsection (b)(2) shall not apply with re-16
402402 spect to a noncitizen if admitting or paroling the noncit-17
403403 izen into the United States— 18
404404 (1) would further important law enforcement 19
405405 objectives; or 20
406406 (2) is necessary to permit the United States to 21
407407 comply with the Agreement regarding the Head-22
408408 quarters of the United Nations, signed at Lake Suc-23
409409 cess June 26, 1947, and entered into force Novem-24
410410 ber 21, 1947, between the United Nations and the 25
411411 VerDate Sep 11 2014 10:23 Apr 14, 2025 Jkt 000000 PO 00000 Frm 00014 Fmt 6652 Sfmt 6201 E:\BILLS\S1291.IS S1291
412412 mprince on LAP1J3WLY3PROD with $$_JOB 15
413413 •S 1291 IS
414414 United States, or other applicable international obli-1
415415 gations of the United States. 2
416416 (e) D
417417 EFINITIONS.—In this section: 3
418418 (1) A
419419 DMISSION; ADMITTED.—The terms ‘‘ad-4
420420 mission’’ and ‘‘admitted’’ have the meanings given 5
421421 those terms in section 101 of the Immigration and 6
422422 Nationality Act (8 U.S.C. 1101). 7
423423 (2) F
424424 OREIGN PERSON.—The term ‘‘foreign per-8
425425 son’’ means an individual or entity that is not a 9
426426 United States person. 10
427427 (3) N
428428 ONCITIZEN.—The term ‘‘noncitizen’’ 11
429429 means an individual who is not a citizen or national 12
430430 of the United States (as defined in section 101 of 13
431431 the Immigration and Nationality Act (8 U.S.C. 14
432432 1101)). 15
433433 (4) U
434434 NITED STATES PERSON .—The term 16
435435 ‘‘United States person’’ means— 17
436436 (A) an individual who is a United States 18
437437 citizen or an alien lawfully admitted for perma-19
438438 nent residence to the United States; or 20
439439 (B) an entity organized under the laws of 21
440440 the United States or any jurisdiction within the 22
441441 United States, including a foreign branch of 23
442442 such an entity. 24
443443 VerDate Sep 11 2014 10:23 Apr 14, 2025 Jkt 000000 PO 00000 Frm 00015 Fmt 6652 Sfmt 6201 E:\BILLS\S1291.IS S1291
444444 mprince on LAP1J3WLY3PROD with $$_JOB 16
445445 •S 1291 IS
446446 SEC. 7. AUTHORIZATION OF APPROPRIATIONS. 1
447447 (a) I
448448 NGENERAL.—There are authorized to be appro-2
449449 priated to the Commissioner, without fiscal year limita-3
450450 tion, such sums as may be necessary to carry out this Act. 4
451451 (b) A
452452 VAILABILITY OFAMOUNTS.—Amounts appro-5
453453 priated pursuant to the authorization of appropriations 6
454454 under subsection (a) shall remain available until expended. 7
455455 (c) S
456456 UPPLEMENTNOTSUPPLANT.—Amounts appro-8
457457 priated pursuant to the authorization of appropriations 9
458458 under subsection (a) shall supplement and not supplant 10
459459 other amounts available for such purposes. 11
460460 Æ
461461 VerDate Sep 11 2014 10:23 Apr 14, 2025 Jkt 000000 PO 00000 Frm 00016 Fmt 6652 Sfmt 6301 E:\BILLS\S1291.IS S1291
462462 mprince on LAP1J3WLY3PROD with $$_JOB