119 S1854 IS: Haiti Criminal Collusion Transparency Act of 2025
U.S. Senate
2025-05-21
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EN
Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.
1.
This Act may be cited as the Haiti Criminal Collusion Transparency Act of 2025
.
2.
(a)
Not later than 180 days after the date of the enactment of this Act, and annually thereafter for 5 years, the Secretary of State, in coordination with other Federal agencies as the Secretary determines appropriate, shall submit to the appropriate congressional committees a report on the connections between criminal gangs and political elites and economic elites in Haiti.
(b)
The report required by subsection (a) shall include—
(1)
a list identifying prominent criminal gangs in Haiti, including— (A) the leaders of each gang;
(B)
a description of the criminal activities of each gang, including coercive recruitment; and
(C)
the primary geographic area of operations for each gang;
(2)
a list of political elites and economic elites in Haiti who knowingly have direct and significant links to criminal gangs and any organizations or entities controlled by such political elites and economic elites;
(3)
a detailed description of the relationship between the political elites and economic elites listed pursuant to paragraph (2) and the criminal gangs identified pursuant to paragraph (1);
(4)
a detailed description of how political elites and economic elites in Haiti use relationships with criminal gangs to advance political and economic interests and agendas;
(5)
a list of each criminal organization assessed to be trafficking Haitians and other individuals to the United States border;
(6)
an assessment of connections between political elites and economic elites, criminal gangs in Haiti, and transnational criminal organizations;
(7)
an assessment of how the nature and extent of collusion between political elites and economic elites and criminal gangs threatens the people of Haiti and the national interests and activities of the United States in Haiti; and
(8)
an assessment of potential actions that the Government of the United States and the Government of Haiti could take to address the findings made pursuant to paragraph (6).
(c)
The report required by subsection (a) shall be submitted in unclassified form, but may include a classified annex.
3.
(a)
Not later than 90 days after the date the report required by section 2 is submitted to the appropriate congressional committees, the President shall impose sanctions described in subsection (b) with respect to each foreign person identified pursuant to paragraphs (1) and (2) of section 2(b).
(b)
The sanctions described in this subsection are the following: (1) 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 any foreign person described in subsection (a) 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)
An alien who the Secretary of State or the Secretary of Homeland Security (or a designee of one of such Secretaries) knows, or has reason to believe, is described in subsection (a) 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)
(i)
The issuing consular officer, the Secretary of State, or the Secretary of Homeland Security (or a designee of one of such Secretaries) shall, in accordance with section 221(i) of the Immigration and Nationality Act (8 U.S.C. 1201(i)), revoke any visa or other entry documentation issued to an alien described in subsection (a) regardless of when the visa or other entry documentation was issued.
(ii)
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 possession of the alien.
(c)
(1)
Exception to comply with international obligations
Sanctions under 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 of the United States.
(2)
Exception relating to the provision of humanitarian assistance
Sanctions under this section 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 to Haiti;
(B)
the provision of humanitarian assistance to the people of Haiti;
(C)
financial transactions relating to humanitarian assistance or for humanitarian purposes in Haiti; or
(D)
transporting goods or services that are necessary to carry out operations relating to humanitarian assistance or humanitarian purposes in Haiti.
(d)
Implementation; penalties
(1)
The President may exercise all authorities provided to the President under sections 203 and 205 of the International Emergency Economic Powers Act (50 U.S.C. 1702 and 1704) to carry out this section.
(2)
The penalties provided for in subsections (b) and (c) of section 206 of the International Emergency Economic Powers Act (50 U.S.C. 1705) shall apply to any person that violates, attempts to violate, conspires to violate, or causes a violation of any prohibition of this section, or an order or regulation prescribed under this section, to the same extent that such penalties apply to a person that commits an unlawful act described in section 206(a) of such Act (50 U.S.C. 1705(a)).
(e)
The President may waive the application of sanctions imposed with respect to a foreign person under this section if the President certifies to the appropriate congressional committees, not later than 15 days before such waiver takes effect, that the waiver is vital to the national security interests of the United States.
4.
In this Act: (1) Admitted; alien; lawfully admitted for permanent residence The terms admitted, alien, and lawfully admitted for permanent residence have the meanings given those terms in section 101 of the Immigration and Nationality Act (8 U.S.C. 1101).
(2)
Appropriate congressional
committees
The term appropriate congressional committees means— (A) the Committee on Foreign Relations and the Committee on Banking, Housing, and Urban Affairs of the Senate; and
(B)
the Committee on Foreign Affairs and the Committee on Financial Services of the House of Representatives.
(3)
The term foreign person means an individual or entity that is not a United States person.
(4)
The term economic elite means a board member, officer, or executive of a group, committee, corporation, or other entity that exerts substantial influence or control over the economy, infrastructure, or a particular industry of Haiti.
(5)
The term political elite means a current or former government official, or the high-level staff of any such government official, a political party leader, or a political committee leader of Haiti.
(6)
The term United States person means— (A) a United States citizen;
(B)
a permanent resident alien of the United States; or (C) an entity organized under the laws of the United States or of any jurisdiction within the United States, including a foreign branch of such an entity.
5.
This Act shall cease to have any force or effect beginning on the date that is 5 years after the date of the enactment of this Act.