[Congressional Record Volume 164, Number 186 (Tuesday, November 27, 2018)]
[Senate]
[Pages S7139-S7140]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
SA 4066. Mr. McCONNELL (for Mr. Menendez) proposed an amendment to
the bill H.R. 1918, to oppose loans at international financial
institutions for the Government of Nicaragua unless the Government of
Nicaragua is taking effective steps to hold free, fair, and transparent
elections, and for other purposes; as follows:
Strike all after the enacting clause and insert the
following:
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``Nicaragua
Human Rights and Anticorruption Act of 2018''.
(b) Table of Contents.--The table of contents for this Act
is as follows:
Sec. 1. Short title; table of contents.
Sec. 2. Sense of Congress on advancing a negotiated solution to
Nicaragua's crisis.
Sec. 3. Statement of policy.
Sec. 4. Restrictions on international financial institutions relating
to Nicaragua.
Sec. 5. Imposition of targeted sanctions with respect to Nicaragua.
Sec. 6. Annual certification and waiver.
Sec. 7. Report on human rights violations and corruption in Nicaragua.
Sec. 8. Civil society engagement strategy.
Sec. 9. Reform of Western Hemisphere Drug Policy Commission.
Sec. 10. Termination.
Sec. 11. Definitions.
SEC. 2. SENSE OF CONGRESS ON ADVANCING A NEGOTIATED SOLUTION
TO NICARAGUA'S CRISIS.
It is the sense of Congress that--
(1) credible negotiations between the Government of
Nicaragua and representatives of Nicaragua's civil society,
student movement, private sector, and political opposition,
mediated by the Catholic Church in Nicaragua, represent the
best opportunity to reach a peaceful solution to the current
political crisis that includes--
(A) a commitment to hold early elections that meet
democratic standards and permit credible international
electoral observation;
(B) the cessation of the violence perpetrated against
civilians by the National Police of Nicaragua and by armed
groups supported by the Government of Nicaragua; and
(C) independent investigations into the killings of
protesters; and
(2) negotiations between the Government of Nicaragua and
representatives of Nicaragua's civil society, student
movement, private sector, and political opposition, mediated
by the Catholic Church in Nicaragua, have not resulted in an
agreement as of the date of the enactment of this Act because
the Government of Nicaragua has failed to credibly
participate in the process.
SEC. 3. STATEMENT OF POLICY.
It is the policy of the United States to support--
(1) the rule of law and an independent judiciary and
electoral council in Nicaragua;
(2) democratic governance in Nicaragua;
(3) free and fair elections overseen by credible domestic
and international observers in Nicaragua; and
(4) anti-corruption and transparency efforts in Nicaragua.
SEC. 4. RESTRICTIONS ON INTERNATIONAL FINANCIAL INSTITUTIONS
RELATING TO NICARAGUA.
(a) Restrictions.--The Secretary of the Treasury shall--
(1) instruct the United States Executive Director at each
international financial institution of the World Bank Group
to use the voice, vote, and influence of the United States to
oppose the extension by the International Finance Corporation
of any loan or financial or technical assistance to the
Government of Nicaragua for a project in Nicaragua;
(2) instruct the United States Executive Director of the
Inter-American Development Bank to use the voice, vote, and
influence of the United States to oppose the extension by the
Bank of any loan or financial or technical assistance to the
Government of Nicaragua for a project in Nicaragua; and
(3) instruct the United States Executive Director of each
other international financial institution, including the
International Monetary Fund, to work with other key donor
countries to develop a coherent policy approach to future
engagements with and lending to the Government of Nicaragua,
in a manner that will advance human rights, including the
full restoration of the rights guaranteed to the people of
Nicaragua through the commitments made by the Government of
Nicaragua as a signatory of the International Covenant on
Civil and Political Rights.
(b) Exceptions for Basic Human Needs and Democracy
Promotion.--The restrictions under paragraphs (1) and (2) of
subsection (a) shall not apply with respect to any loan or
financial or technical assistance provided to address basic
human needs or to promote democracy in Nicaragua.
(c) Briefing by the Secretary of the Treasury.--Not later
than 180 days after the date of the enactment of this Act,
and annually thereafter, the Secretary of the Treasury shall
brief the appropriate congressional committees on the
effectiveness of international financial institutions in
enforcing applicable program safeguards in Nicaragua.
SEC. 5. IMPOSITION OF TARGETED SANCTIONS WITH RESPECT TO
NICARAGUA.
(a) In General.--The President shall impose the sanctions
described in subsection (c) with respect to any foreign
person, including any current or former official of the
Government of Nicaragua or any person acting on behalf of
that Government, that the President determines--
(1) to be responsible for or complicit in, or responsible
for ordering, controlling, or otherwise directing, or to have
knowingly participated in, directly or indirectly, any
activity described in subsection (b);
(2) to be a leader of--
(A) an entity that has, or whose members have, engaged in
any activity described in subsection (b); or
(B) an entity whose property and interests in property are
blocked under subsection (c)(1)(A) as a result of activities
related to the tenure of the leader;
(3) to have knowingly materially assisted, sponsored, or
provided financial, material, or technological support for,
or goods or services in support of--
(A) an activity described in subsection (b); or
(B) a person whose property and interests in property are
blocked under subsection (c)(1)(A); or
(4) to be owned or controlled by, or to have knowingly
acted or purported to act for or on behalf of, directly or
indirectly, any person whose property and interests in
property are blocked under subsection (c)(1)(A).
(b) Activities Described.--An activity described in this
subsection is any of the following in or in relation to
Nicaragua on or after April 18, 2018:
(1) Significant acts of violence or conduct that
constitutes a serious abuse or violation of human rights
against persons associated with the protests in Nicaragua
that began on April 18, 2018.
(2) Significant actions or policies that undermine
democratic processes or institutions.
(3) Acts of significant corruption by or on behalf of the
Government of Nicaragua or a current or former official of
the Government of Nicaragua, including--
(A) the expropriation of private or public assets for
personal gain or political purposes;
(B) corruption related to government contracts;
(C) bribery; or
(D) the facilitation or transfer of the proceeds of
corruption.
(4) The arrest or prosecution of a person, including an
individual or media outlet disseminating information to the
public, primarily because of the legitimate exercise by such
person of the freedom of speech, assembly, or the press.
(c) Sanctions Described.--
(1) In general.--The sanctions described in this subsection
are the following:
(A) Asset blocking.--The exercise of all powers granted to
the President by the International Emergency Economic Powers
Act (50 U.S.C. 1701 et seq.) to the extent necessary to block
and prohibit all transactions in all property and interests
in property of a person determined by the President to be
subject to 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.
(B) Exclusion from the united states and revocation of visa
or other documentation.--In the case of an alien determined
by the President to be subject to subsection (a), denial of a
visa to, and exclusion from the United States of, the alien,
and revocation in accordance with section 221(i) of the
Immigration and Nationality Act (8 U.S.C. 1201(i)), of any
visa or other documentation of the alien.
(2) Penalties.--A person that violates, attempts to
violate, conspires to violate, or causes a violation of a
measure imposed pursuant to paragraph (1)(A) or any
regulation,
[[Page S7140]]
license, or order issued to carry out paragraph (1)(A) shall
be subject to the penalties set forth in subsections (b) and
(c) of section 206 of the International Emergency Economic
Powers Act (50 U.S.C. 1705) to the same extent as a person
that commits an unlawful act described in subsection (a) of
that section.
(3) Exception relating to importation of goods.--The
requirement to block and prohibit all transactions in all
property and interests in property under paragraph (1)(A)
shall not include the authority to impose sanctions on the
importation of goods.
(4) Exception to comply with united nations headquarters
agreement.--Sanctions under paragraph (1)(B) shall not apply
to an alien if admitting 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.
(d) Implementation; Regulatory Authority.--
(1) Implementation.--The President may exercise all
authorities provided 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) Regulatory authority.--The President shall issue such
regulations, licenses, and orders as are necessary to carry
out this section.
SEC. 6. ANNUAL CERTIFICATION AND WAIVER.
(a) Certification.--Not later than 180 days after the date
of the enactment of this Act, and annually thereafter, the
Secretary of State shall submit to the appropriate
congressional committees a report certifying whether the
Government of Nicaragua is taking effective steps--
(1) to strengthen the rule of law and democratic
governance, including the independence of the judicial system
and electoral council;
(2) to combat corruption, including by investigating and
prosecuting cases of public corruption;
(3) to protect civil and political rights, including the
rights of freedom of the press, speech, and association, for
all people of Nicaragua, including political opposition
parties, journalists, trade unionists, human rights
defenders, indigenous peoples, and other civil society
activists;
(4) to investigate and hold accountable officials of the
Government of Nicaragua and other persons responsible for the
killings of individuals associated with the protests in
Nicaragua that began on April 18, 2018; and
(5) to hold free and fair elections overseen by credible
domestic and international observers
(b) Waiver.--
(1) Temporary general waiver.--If the Secretary certifies
to the appropriate congressional committees under subsection
(a) that the Government of Nicaragua is taking effective
steps as described in that subsection, the President may
waive the application of the restrictions under section 4 and
sanctions under section 5 for a period of not more than one
year beginning on the date of the certification.
(2) National interest waiver.--The President may waive the
application of the restrictions under section 4 and sanctions
under section 5 if the President--
(A) determines that such a waiver is in the national
interest of the United States; and
(B) submits to the appropriate congressional committees a
notice of and justification for the waiver.
(3) Sense of congress.--It is the sense of Congress that
the President should exercise the waiver authority provided
under paragraph (1) if the Secretary of State certifies under
subsection (a) that the Government of Nicaragua is taking
effective steps as described in that subsection.
(c) Consultation.--In preparing a certification required by
subsection (a), the Secretary shall consult with the
appropriate congressional committees.
(d) Annual Briefing.--The Secretary shall annually brief
the appropriate congressional committees on whether the
Government of Nicaragua is taking effective steps as
described in subsection (a).
SEC. 7. REPORT ON HUMAN RIGHTS VIOLATIONS AND CORRUPTION IN
NICARAGUA.
(a) In General.--Not later than 180 days after the date of
the enactment of this Act, the Secretary of State, acting
through the Assistant Secretary of State for Intelligence and
Research, and in coordination with the Secretary of the
Treasury and the Director of National Intelligence, shall
submit to the appropriate congressional committees a report
on--
(1) the involvement of senior officials of the Government
of Nicaragua, including members of the Supreme Electoral
Council, the National Assembly, and the judicial system, in
human rights violations, acts of significant corruption, and
money laundering; and
(2) persons that transfer, or facilitate the transfer of,
goods or technologies for use in or with respect to
Nicaragua, that are used by the Government of Nicaragua to
commit serious human rights violations against the people of
Nicaragua.
(b) Form.--The report required by subsection (a) may be
classified.
SEC. 8. CIVIL SOCIETY ENGAGEMENT STRATEGY.
Not later than 90 days after the date of the enactment of
this Act, the Secretary of State shall brief the appropriate
congressional committees on a strategy--
(1) for engaging relevant elements of civil society in
Nicaragua, including independent media, human rights, and
anti-corruption organizations, to strengthen rule of law and
increase accountability for human rights abuses and
corruption in Nicaragua; and
(2) setting forth measures to support the protection of
human rights and anti-corruption advocates in Nicaragua.
SEC. 9. REFORM OF WESTERN HEMISPHERE DRUG POLICY COMMISSION.
Section 603(f)(1) of the Department of State Authorities
Act, Fiscal Year 2017 (Public Law 114-323; 130 Stat. 1938) is
amended by striking ``Not later than 60 days after the date
of the enactment of this Act, the Commission shall hold an
initial meeting to develop and implement'' and inserting ``At
the initial meeting of the Commission, the Commission shall
develop and implement''.
SEC. 10. TERMINATION.
The provisions of this Act (other than section 9) shall
terminate on December 31, 2023.
SEC. 11. DEFINITIONS.
In this Act:
(1) Appropriate congressional committees.--The term
``appropriate congressional committees'' means--
(A) the Committee on Foreign Relations, the Committee on
Banking, Housing, and Urban Affairs, and the Committee on
Appropriations of the Senate; and
(B) the Committee on Foreign Affairs, the Committee on
Financial Services, and the Committee on Appropriations of
the House of Representatives.
(2) Good.--The term ``good'' means any article, natural or
manmade substance, material, supply or manufactured product,
including inspection and test equipment, and excluding
technical data.
(3) Person.--The term ``person'' means an individual or
entity.
(4) United states person.--The term ``United States
person'' means any United States citizen, permanent resident
alien, entity organized under the laws of the United States
or any jurisdiction within the United States (including a
foreign branch of such an entity), or any person in the
United States.
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