[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1630 Introduced in House (IH)]
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116th CONGRESS
1st Session
H. R. 1630
To impose sanctions under the Global Magnitsky Human Rights
Accountability Act to combat corruption, money laundering, and impunity
in Guatemala, and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
March 7, 2019
Mrs. Torres of California (for herself, Mr. McGovern, Mr. Lowenthal,
Ms. Omar, Ms. Haaland, Mr. Rush, Mr. Cicilline, Mr. Pocan, Mr. Levin of
Michigan, Mr. Himes, Mr. Raskin, Ms. Lee of California, Mr. Blumenauer,
Mr. Espaillat, Mr. Huffman, Mrs. Napolitano, Ms. Norton, Mr. Beyer,
Mrs. Watson Coleman, Mr. Johnson of Georgia, Mr. Gallego, Mr. DeFazio,
and Mr. Cohen) introduced the following bill; which was referred to the
Committee on Foreign Affairs, and in addition to the Committee on the
Judiciary, for a period to be subsequently determined by the Speaker,
in each case for consideration of such provisions as fall within the
jurisdiction of the committee concerned
_______________________________________________________________________
A BILL
To impose sanctions under the Global Magnitsky Human Rights
Accountability Act to combat corruption, money laundering, and impunity
in Guatemala, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Guatemala Rule of Law Accountability
Act''.
SEC. 2. DEFINITIONS.
In this Act:
(1) Appropriate congressional committees.--The term
``appropriate congressional committees'' means--
(A) the Committee on Foreign Relations and the
Committee on Appropriations of the Senate; and
(B) the Committee on Foreign Affairs and the
Committee on Appropriations of the House of
Representatives.
(2) Foreign person.--The term ``foreign person'' means a
person that is not a United States person.
(3) Knowingly.--The term ``knowingly'', with respect to
conduct, a circumstance, or a result, means that a person has
actual knowledge, or should have known, of the conduct, the
circumstance, or the result.
(4) United states person.--The term ``United States
person'' means--
(A) a natural person who is a citizen or resident
of the United States or a national of the United States
(as such term is defined in section 101(a) of the
Immigration and Nationality Act (8 U.S.C. 1101(a))); or
(B) an entity that is organized under the laws of
the United States or any jurisdiction within the United
States.
SEC. 3. FINDINGS.
Congress makes the following findings:
(1) The Department of State's 2018 International Narcotics
Control Strategy Report stated that, in Guatemala, ``widespread
corruption permeates public and private institutions and
exacerbates the country's security, governmental, and economic
challenges''.
(2) The same report, discussing money laundering in
Guatemala, noted that ``[d]rug trafficking is a major source of
illicit funds. Other sources include corruption, extortion,
human trafficking, commerce of other illicit goods, and tax
evasion. Money is laundered primarily through real estate,
ranching, and the gaming industry. It is also laundered through
a series of small transactions below the U.S. $10,000 reporting
requirement, either in small banks along the Guatemala-Mexico
border, or by travelers carrying cash to other countries''.
(3) On August 10, 2018, Guatemala's Attorney General filed
a request before the Supreme Court of Guatemala to remove the
immunity of Guatemala's President, Jimmy Morales, so that he
could be charged for the crime of illicit election financing,
based on investigations carried out jointly by the Office of
the Attorney General and the International Commission against
Impunity in Guatemala (CICIG).
(4) In August 2018, the Guatemalan Supreme Court ruled that
there was sufficient evidence for the Guatemalan Congress to
decide if President Morales should be investigated for illicit
election financing.
(5) On January 7, 2019, the Government of Guatemala
announced that it was terminating the agreement establishing
CICIG effective immediately.
(6) The United Nations responded that the Secretary-General
``strongly rejects'' the announcement, stating ``The mandate of
the Commission is set to end on 3 September 2019. Until that
date, we expect the Government of Guatemala to entirely fulfill
its legal obligations under the Agreement. The Secretary-
General expects the Government of Guatemala to abide by its
international undertakings to ensure the protection of the
CICIG personnel, both international and national.''.
SEC. 4. GLOBAL MAGNITSKY SANCTIONS AGAINST FOREIGN PERSONS THAT ENGAGE
IN CORRUPTION AND OTHER ACTIVITIES IN GUATEMALA.
(a) In General.--Not later than 90 days after the date of the
enactment of this Act and as appropriate thereafter, the President
shall impose the sanctions described in subsection (b) on any foreign
person who is a current or former official of the Government of
Guatemala, or any foreign person acting on behalf of or in cooperation
with an official of such Government, who has knowingly--
(1) committed or facilitated significant corruption, money
laundering, narcotics trafficking, or financing political
campaigns with the proceeds of narcotics trafficking;
(2) obstructed investigations or prosecutions carried out
by Guatemalan officials of acts described in paragraph (1);
(3) misused equipment provided by the Secretary of State or
the Secretary of Defense to the Guatemalan military or national
civilian police for the purpose of combating drug trafficking
or securing Guatemala's border;
(4) disobeyed rulings of the Guatemalan Constitutional
Court, including rulings related to the conduct of elections;
or
(5) impeded or interfered with the work of any United
States Government agency or any institution receiving
contributions from the United States Government, including the
International Commission against Impunity in Guatemala (CICIG).
(b) Sanctions Described.--The sanctions described in this
subsection are the sanctions described in section 1263(b) of the Global
Magnitsky Human Rights Accountability Act (subtitle F of title XII of
the National Defense Authorization Act for Fiscal Year 2017 (Public Law
114-328; 22 U.S.C. 2656 note)).
(c) Regulatory Authority.--The President shall issue such
regulations, licenses, and orders as are necessary to carry out this
section.
(d) Exception To Comply With United Nations Headquarters
Agreement.--Sanctions described in subsection (b) shall not apply to an
alien if admitting such 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.
(e) Termination.--This section shall terminate on the date that is
two years after the date of the enactment of this Act.
(f) Report.--Not later than 180 days after the date of the
enactment of this Act, the President shall transmit to the appropriate
congressional committees a report regarding steps taken to implement
this section.
SEC. 5. CONDITIONS REGARDING USE OF EQUIPMENT TRANSFERRED TO SECURITY
FORCES.
(a) Conditions.--Not later than 60 days after the date of the
enactment of this Act, the Secretary of State, in coordination with the
Administrator of the United States Agency for International Development
and the Secretary of Defense, as appropriate, shall include, in each
contract, grant, license, or other mechanism providing for the transfer
of United States equipment to, or use by, the Guatemalan military or
national police, including for the sale of such equipment, a provision
that ensures that any such equipment may be recovered by the United
States if such equipment is used in violation of an end use agreement
or otherwise for purposes other than for which such equipment was
transferred.
(b) Determination.--Not later than 90 days after receiving a
written request from the chairperson and ranking member of any of the
appropriate congressional committees with respect to whether equipment
transferred or licensed to be transferred to Guatemala by the United
States has been used in violation of an end use agreement or otherwise
for purposes other than for which such equipment was transferred, the
President shall--
(1) determine whether such equipment was used in violation
of such agreement or purposes; and
(2) transmit to the chairperson and ranking member of such
committee a report with respect to such determination that
includes--
(A) a statement of whether or not the President has
taken or intends to take remedial action, including as
provided for in this section or in the Arms Export
Control Act (22 U.S.C. 2753); and
(B) if the President has taken or intends to take
such remedial action, a description of such remedial
action, or if the President will not take such action,
a detailed justification relating thereto.
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