[Federal Register Volume 82, Number 117 (Tuesday, June 20, 2017)]
[Notices]
[Pages 28215-28216]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-12791]
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DEPARTMENT OF STATE
[Public Notice: 10040]
Global Magnitsky Human Rights Accountability Act Report
AGENCY: Department of State.
ACTION: Notice.
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SUMMARY: This notice contains the text of the report, submitted by the
President, that is required by the Global Magnitsky Human Rights
Accountability Act.
FOR FURTHER INFORMATION CONTACT: Benjamin A. Kraut, Email:
[email protected], Phone: (202) 647-9452.
SUPPLEMENTARY INFORMATION: On April 21, 2017, the President approved
the following report under the Global Magnitsky Human Rights
Accountability Act (Pub. L. 114-328, Subtitle F). The text follows:
The Global Magnitsky Human Rights Accountability Act (Pub. L. 114-
328, Subtitle F) (the ``Act''), enacted on December 23, 2016,
authorizes the President to impose financial sanctions and visa
restrictions on foreign persons in response to certain human rights
violations and acts of corruption.
The President submits this report to detail (1) U.S. government
actions to administer the Act and (2) efforts to encourage the
governments of other countries to impose sanctions that are similar to
the sanctions authorized by Section 1263 of the Act.
With the passage of the Act, the United States now has a specific
authority to identify and hold accountable persons responsible for
gross violations of human rights and acts of significant corruption.
The global reach of this authority, combined with a judicious selection
of individuals and entities, will send a powerful signal that the
United States continues to seek an end to impunity with respect to
human rights violations and corruption. The Administration is committed
to implementing the Act to support efforts to promote human rights and
fight corruption. By complementing current sanctions programs and
diplomatic outreach, the Act creates an additional authority to allow
the Administration to respond to crises and pursue accountability,
including where country-specific sanctions programs may not exist or
where the declaration of a national emergency under the National
Emergencies Act may not be appropriate. With the establishment of the
first dedicated global human rights and corruption sanctions program,
the United States is uniquely positioned to lead the international
community in pursuing accountability abroad consistent with our values.
Sanctions
Although no financial sanctions were imposed under the Act during
the 120 days since its enactment, the United States is actively seeking
to identify persons to whom this Act may apply and collecting the
necessary evidence to impose sanctions.
In addition, the Department of the Treasury has issued a number of
sanctions designations related to human rights abuses and corruption
under existing sanctions programs. Sanctions programs that feature one
or both of these designation criteria include programs related to
Belarus, Burundi, the Central African Republic, the Democratic Republic
of Congo, Iran, Libya, North Korea, Russia, Somalia, South Sudan,
Syria, Ukraine, Venezuela, and Zimbabwe, as well as the Sergei
Magnitsky Rule of Law Accountability Act of 2012 (the ``Magnitsky
Act'').
Examples of Treasury Department designations issued in recent years
consistent with the human rights- and corruption-related designation
criteria of these programs are provided below. This is not an
exhaustive list; rather, it illustrates designations that align with
the Act's focus on human rights and corruption.
Andrey Konstantinovich Lugovoy: On January 9, 2017, Russian
national and member of the Russian State Duma Andrey Konstantinovich
Lugovoy was designated under the Magnitsky Act, which includes a
provision targeting persons responsible for extrajudicial killings,
torture, or other gross human rights violations committed against
individuals seeking to expose illegal activity by Russian government
officials. Lugovoy was responsible for the 2006 extrajudicial killing
of whistleblower Alexander Litvinenko in London, with Dmitriy Kovtun
(also sanctioned) acting as his agent or on his behalf. Lugovoy and
Kovtun were two of five individuals designated under the Magnitsky Act
on January 9, 2017.
Evariste Boshab: On December 12, 2016, Evariste Boshab was
designated under E.O. 13413 (``Blocking Property of
[[Page 28216]]
Certain Persons Contributing to the Conflict in the Democratic Republic
of the Congo''), as amended by E.O. 13671 (``Taking Additional Steps to
Address the National Emergency With Respect to the Conflict in the
Democratic Republic of the Congo''), for engaging in actions or
policies that undermine democratic processes or institutions in the
Democratic Republic of the Congo (DRC). Boshab offered to pay DRC
National Assembly members for their votes in favor of a bill to amend
electoral law to delay elections and prolong President Joseph Kabila's
term beyond its constitutional limit.
Kalev Mutondo: Also on December 12, 2016, Kalev Mutondo was
designated under E.O. 13413, as amended by E.O. 13671, for engaging in
actions or policies that undermine democratic processes or institutions
in the DRC. Kalev supported the extrajudicial arrest and detainment of
opposition members, many of whom were reportedly tortured. Kalev also
directed support for President Kabila's ``MP'' political coalition
using violent intimidation and government resources.
North Korean Ministry and Minister of People's Security: On July 6,
2016, the North Korean Ministry of People's Security was designated
pursuant to E.O. 13722 (``Blocking Property of the Government of North
Korea and the Workers' Party of Korea, and Prohibiting Certain
Transactions With Respect to North Korea'') for having engaged in,
facilitated, or been responsible for an abuse or violation of human
rights by the Government of North Korea or the Workers' Party of Korea.
The Ministry of People's Security operates a network of police stations
and interrogation detention centers, including labor camps, throughout
North Korea. During interrogations, suspects are systematically
degraded, intimidated, and tortured. The Ministry of People's
Security's Correctional Bureau supervises labor camps (kyohwaso) and
other detention facilities, where human rights abuses occur, such as
torture, execution, rape, starvation, forced labor, and lack of medical
care. A Department of State report issued simultaneously with these
designations cites defectors who have regularly reported that the
ministry uses torture and other forms of abuse to extract confessions,
including techniques involving sexual violence, hanging individuals
from the ceiling for extended periods of time, prolonged periods of
exposure, and severe beatings. Choe Pu Il, the Minister of People's
Security, was also designated for having acted for or on behalf of the
Ministry of People's Security.
Joseph Mathias Niyonzima: On December 18, 2015, Joseph Mathias
Niyonzima was designated under E.O. 13712 (``Blocking Property of
Certain Persons Contributing to the Situation in Burundi'') for being
responsible for or complicit in or for engaging in actions or policies
that threaten the peace, security, or stability of Burundi. Niyonzima
supervised and provided support to elements of the Imbonerakure pro-
government militia in Burundi, a group that has been linked to the
arrest and torture of individuals suspected of opposing the Nkurunziza
regime. He was also involved in plans to assassinate prominent
opposition leaders.
Fahd Jassem al-Freij: On May 16, 2013, Syrian Minister of Defense
Fahd Jassem al-Freij was designated pursuant to, among other
authorities, E.O. 13572 (``Blocking Property of Certain Persons With
Respect to Human Rights Abuses in Syria'') for his role in the
commission of human rights abuses in Syria. During his time as Syrian
Minister of Defense, the Syrian military forces wantonly and
capriciously killed Syrian civilians, including through the use of
summary executions and indiscriminate airstrikes against civilians.
Some of these airstrikes killed civilians waiting outside of bakeries.
The examples above demonstrate the Treasury Department's history of
designating persons under the human rights- and corruption-related
criteria of various sanctions authorities. Such designations under
existing authorities strongly complement the intent of the Act.
The individuals and entities referenced above were designated for
``human rights abuses'' and other broad criteria that provide
significant flexibility in issuing human rights-related designations.
While the human rights-related designation criterion found in the Act
(i.e., gross violations of internationally recognized human rights) is
narrower in focus, will actively seek to designate individuals and
entities where sufficient information exists to meet the applicable
evidentiary standard.
Visa Sanctions
Although no visa sanctions were imposed under the Act during the
120 days since its enactment, the Department of State is continuously
reviewing available information in order to take appropriate actions
with respect to visa ineligibilities. In addition, the Department of
State continues to take action, as appropriate, to implement the
authorities pursuant to which it can impose visa restrictions on those
responsible for human rights violations and corruption, including
Presidential Proclamation 7750, Presidential Proclamation 8697, and
Section 7031(c) of the FY2016 State, Foreign Operations, and Related
Programs Appropriations Act. In addition to those authorities,
Presidential Proclamation 8693 establishes a mechanism for imposing
visa restrictions on Specially Designated Nationals and Blocked Persons
(SDNs) designated under certain E.O.s., as well as individuals
designated otherwise for travel bans in UN Security Council
Resolutions. The Department of State also continues to make visa
ineligibility determinations pursuant to the Immigration and
Nationality Act (INA), including Section 212(a)(3)(E)(iii), which makes
individuals who have participated in acts of genocide or committed acts
of torture, extrajudicial killings, and other human rights violations
ineligible for visas.
Termination of Sanctions
No sanctions imposed under the Act were terminated in the 120 days
since its enactment.
Efforts To Encourage Governments of Other Countries To Impose Sanctions
Similar to Those Authorized by the Act
The United States is committed to encouraging other countries to
impose sanctions that are similar to those provided for by the Act. The
Department of State actively participates in global outreach, including
the G-20 Denial of Entry Experts Network, a sub-group of the G-20 Anti-
Corruption Working Group, in which countries share best practices among
visa and immigration experts. Through this network, the United States
has encouraged other G-20 members to establish and strengthen
corruption-related visa sanctions regimes. We note that the United
Kingdom recently enacted legislation similar to the Act, and we will be
consulting closely with the UK government as we implement our
respective laws. The Department of State also has ongoing bilateral
human rights discussions with other key allies, including the European
Union and its member states, Japan, the Republic of Korea, and
Australia, and will be raising the possibility of their imposing
sanctions similar to those authorized by this Act.
Patricia M. Haslach,
Acting Assistant Secretary of State, Bureau of Economic and Business
Affairs, Department of State.
[FR Doc. 2017-12791 Filed 6-19-17; 8:45 am]
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