hamas 26 October 2023

Israel/Gaza and Hamas: sanctions options for US lawmakers

In a 22 October memo, the US Congressional Research Service has set out some of the options available to US lawmakers as they consider responses to the war between Israel and Hamas, currently centred on the Palestinian territory of Gaza.

It points out, for example, that in addition to existing US authorities prohibiting US persons from transacting with US-designated terrorists, ‘Congress may consider whether or not to add, amend, or remove various sanctions or aid restrictions related to Hamas or its allies and sources of support.’

The memo says that the following bills have been introduced in the 118th Congress:  

  • Hamas International Financing Prevention Act (H.R. 340) – Among other things, this bill would require the executive branch to (1) impose secondary sanctions (subject to a presidential waiver based on national security grounds) on foreign persons or governments that transact with or provide certain types of support to Hamas, PIJ [Palestinian Islamic Jihad], or any affiliates; and (2) report to Congress on activities of foreign countries that support or have other specified interactions or connections with Hamas, PIJ, or any affiliates.  
  • Hamas and Palestinian Islamic Jihad International Terrorism Support Prevention Act of 2023 (S. 1647) – Similar to H.R. 340 and would broaden the scope of sanctions to some foreign parties that transact with or provide certain types of support to some militant groups in the West Bank and Gaza in addition to Hamas, PIJ, and their affiliates.
  • Stop Taxpayer Funding of Hamas Act (S. 489) – This bill would (1) prohibit the expenditure of any US government funds in Gaza until the President certifies to Congress that no funding would benefit people who belong to or are “controlled or influenced” by Hamas, PIJ, or another FTO [Foreign Terrorist Organization]; and (2) prohibit the expenditure of any US government funds in Gaza through any UN entity or office unless the President certifies to Congress that such entity or office “is not encouraging or teaching anti-Israel or anti-Semitic ideas or propaganda”.

It also says that (as reported by WorldECR last week), ‘On October 18, the Department of Treasury’s Office of Foreign Assets Control imposed sanctions “on ten key Hamas terrorist group members, operatives, and financial facilitators in Gaza and elsewhere including Sudan, Türkiye, Algeria, and Qatar. This action targets members managing assets in a secret Hamas investment portfolio, a Qatar-based financial facilitator with close ties to the Iranian regime, a key Hamas commander, and a Gaza-based virtual currency exchange and its operator.”

See the notes at: https://crsreports.congress.gov/product/pdf/R/R47754