[Federal Register Volume 86, Number 184 (Monday, September 27, 2021)]
[Notices]
[Pages 53384-53385]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-20821]
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DEPARTMENT OF STATE
[Public Notice: 11549]
Update on Report to Congress Pursuant to Section 353(d)(1)(A) of
the United States-Northern Triangle Enhanced Engagement Act
ACTION: Notice of report.
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SUMMARY: This document provides an update to the State Department's
report to Congress regarding foreign persons who have knowingly engaged
in actions that undermine democratic processes or institutions,
significant corruption, or obstruction of such corruption in El
Salvador, Guatemala, and Honduras pursuant to Section 353(b) of the
Department of State, Foreign Operations, and Related Programs
Appropriations Act, 2021.
SUPPLEMENTARY INFORMATION: Update to Report to Congress on Foreign
Persons who have Knowingly Engaged in Actions that Undermine Democratic
Processes or Institutions, Significant Corruption, or Obstruction of
Such Corruption in El Salvador, Guatemala, and Honduras Section 353(b)
of the Department of State, Foreign Operations, and Related Programs
Appropriations Act, 2021 (Div. FF, Pub. L. 116-260)
Consistent with Section 353(b) of the United States-Northern
Triangle Enhanced Engagement Act (Div. FF, Pub. L. 116-260) (the Act),
this report update is being submitted to the House Foreign Affairs
Committee, Senate Foreign Relations Committee, House Committee on the
Judiciary, and the Senate Committee on the Judiciary.
Section 353(b) requires the submission of a report that identifies
the following persons in El Salvador, Guatemala, and Honduras: (1)
Foreign persons determined to have knowingly engaged in actions that
undermine democratic processes or institutions; (2) foreign persons
determined to have knowingly engaged in significant corruption; and (3)
foreign persons determined to have knowingly engaged in obstruction of
investigations into such acts of corruption, including the following:
Corruption related to government contracts; bribery and extortion; the
facilitation or transfer of the proceeds of corruption, including
through money laundering; and acts of violence, harassment, or
intimidation directed at governmental and nongovernmental corruption
investigators.
Under Section 353, foreign persons identified under the Act are
generally ineligible for visas and admission to the United States.
Section 353 further requires that foreign persons identified under the
Act shall have their visas revoked immediately and any other valid visa
or entry documentation cancelled. Consistent with Section 353(g), this
report update will be published in the Federal Register.
This report update includes individuals for whom the Department is
aware of credible information or allegations of the conduct at issue,
from media reporting and other sources. The Department will continue to
review the individuals listed in the report and consider all available
tools to deter and disrupt corrupt, undemocratic activity in El
Salvador, Guatemala, and Honduras. The Department also continues to
actively review additional credible information and allegations
concerning corruption and to utilize all applicable authorities, as
appropriate, to ensure corrupt officials are denied safe haven in the
United States.
El Salvador
Elsy Due[ntilde]as De Aviles, Oscar Alberto L[oacute]pez Jerez,
Hector Nahun Martinez Garcia, Jose Angel Perez Chacon, and Luis Javier
Su[aacute]rez Maga[ntilde]a, current Magistrates of the Constitutional
Chamber of the Supreme Court, undermined democratic processes or
institutions by accepting direct appointments to the Chamber by the
Legislative Assembly, in an unusual process in apparent contravention
of the processes set out at Article 186 of the Constitution, which
requires the selection of such Magistrates from a list of candidates
drafted by the National
[[Page 53385]]
Council of the Judiciary. The previous five Magistrates were abruptly
removed without legitimate cause following the May 1 seating of the
newly elected Legislative Assembly. After being installed, the new
Magistrates declared their installation by the Legislative Assembly to
have been constitutional. The Magistrates subsequently also undermined
democratic processes or institutions by approving a controversial
interpretation of the Constitution authorizing re-election of the
President despite an express prohibition in the Constitution forbidding
consecutive terms of the Presidency.
Guatemala
Angel Arnoldo Pineda Avila, current Secretary General of
Guatemala's Public Ministry (MP), obstructed investigations into acts
of corruption by interfering in anti-corruption probes. The MP has
opened a probe into allegations that Pineda interfered in an anti-
corruption investigation. Pineda is alleged to have tipped off
investigative targets about cases being built against them. In one
instance, Pineda reportedly leaked confidential information to the
director of Guatemala's Victim Institute about an ongoing investigation
into more than 100 falsified personnel contracts at the institution.
Maria Consuelo Porras Argueta De Porres, current Attorney General
of Guatemala, obstructed investigations into acts of corruption by
interfering with criminal investigations in order to protect political
allies and gain personal political favor. Porras' pattern of
obstruction included ordering prosecutors in the MP to ignore cases
based on political considerations and actively undermining
investigations into political allies carried out by the Special
Prosecutor Against Impunity, including by improperly firing its lead
prosecutor, Juan Francisco Sandoval, and transferring and firing
prosecutors who investigate the current administration or the MP
itself.
Dated: September 13, 2021.
Wendy R. Sherman,
Deputy Secretary of State.
[FR Doc. 2021-20821 Filed 9-24-21; 8:45 am]
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