    [United States Statutes at Large, Volume 132, 115th Congress, 2nd Session]
    [From the U.S. Government Publishing Office, www.gpo.gov]

    Public Law 115-335
    115th Congress

    An Act

    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. <>

    Be it enacted by the Senate and House of Representatives of the
    United States of America in Congress assembled, <>
    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.

    [[Page 5020]]

    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--

    [[Page 5021]]

    (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.

    [[Page 5022]]

    (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, 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

    [[Page 5023]]

    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.

    [[Page 5024]]

    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.

    Approved December 20, 2018.

    LEGISLATIVE HISTORY--H.R. 1918:
    ---------------------------------------------------------------------------

    CONGRESSIONAL RECORD:
    Vol. 163 (2017):
    Oct. 3, considered and passed House.
    Vol. 164 (2018):
    Nov. 27, considered and passed
    Senate, amended.
    Dec. 11, House concurred in Senate
    amendment.
    DAILY COMPILATION OF PRESIDENTIAL DOCUMENTS (2018):
    Dec. 20, Presidential statement.