II 

117TH CONGRESS 

2D SESSION S. 5083 

To require the Secretary of State to submit an annual report to Congress 

regarding the ties between criminal gangs and political and economic 

elites in Haiti. 

IN THE SENATE OF THE UNITED STATES 

NOVEMBER 14, 2022 

Mr. MENENDEZ (for himself, Mr. RUBIO, and Mr. KAINE) introduced the following bill; which was read twice and referred to the Committee on Foreign Relations 

A BILL 

To require the Secretary of State to submit an annual report 

to Congress regarding the ties between criminal gangs 

and political and economic elites in Haiti. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Haiti Criminal Collu5 sion Transparency Act of 2022’’. 

6 SEC. 2. FINDINGS. 

7 Congress makes the following findings: 

8 (1) According to a United Nations estimate, ap9 proximately 167 criminal gangs operated in Haiti in 


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1 October 2021, exerting territorial control over as 

2 much as two-thirds of the country. 

3 (2) Haitian armed criminal gangs, the most 

4 prominent of which are the G9 Family and Allies 

5 and 400 Mawozo gangs, conduct violent crimes, in6 cluding murder, rape, arms and drug trafficking, 

7 racketeering, kidnapping, and blockades of fuel and 

8 aid deliveries. These crimes have perpetuated the on9 going security and humanitarian crises in Haiti, 

10 which have worsened since the assassination of 

11 President Jovenel Moı ̈se on July 7, 2021. 

12 (3) The United Nations Office of the High 

13 Commissioner for Human Rights and the Human 

14 Rights Service jointly found a 333-percent increase 

15 in human rights violations and abuses against the 

16 rights to life and security in Haiti between July 

17 2018 and December 2019. 

18 (4) At least 19,000 Haitians were forcibly dis19 placed during 2021 due to rising criminal violence. 

20 (5) At least 803 kidnappings were reported in 

21 Haiti during the first 10 months of 2021, including 

22 the kidnapping of more than 16 United States citi23 zens, giving Haiti having the highest per capita kid24 napping rate of any country in the world. 


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1 (6) There is significant evidence of collusion be2 tween criminal gangs and economic and political 

3 elites in Haiti, including members of the Haitian 

4 National Police, which has resulted in widespread 

5 impunity and directly contributed to Haiti’s current 

6 security crisis. 

7 (7) On December 10, 2020, the Office of For8 eign Assets Control of the Department of the Treas9 ury designated former Haitian National Police offi10 cer Jimmy Che ́rizier, former Director General of the 

11 Ministry of the Interior Fednel Monchery, and 

12 former Departmental Delegate Joseph Pierre Rich13 ard Duplan under the Global Magnitsky Human 

14 Rights Accountability Act (subtitle F of title XII of 

15 Public Law 114–328; 22 U.S.C. 2656 note) for their 

16 connections to armed criminal gangs, including orga17 nizing the November 2018 La Saline massacre. 

18 SEC. 3. REPORTING REQUIREMENTS. 

19 (a) DEFINITIONS.—In this section: 

20 (1) APPROPRIATE CONGRESSIONAL COMMIT21 TEES.—The term ‘‘appropriate congressional com22 mittees’’ means— 

23 (A) the Committee on Foreign Relations of 

24 the Senate; 


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1 (B) the Select Committee on Intelligence 

2 of the Senate; 

3 (C) the Committee on Foreign Affairs of 

4 the House of Representatives; and 

5 (D) the Permanent Select Committee on 

6 Intelligence of the House of Representatives. 

7 (2) ECONOMIC ELITES.—The term ‘‘economic 

8 elites’’ means board members, officers, and execu9 tives of groups, committees, corporations, or other 

10 entities that exert substantial influence or control 

11 over Haiti’s economy, infrastructure, or particular 

12 industries. 

13 (3) INTELLIGENCE COMMUNITY.—The term 

14 ‘‘intelligence community’’ has the meaning given 

15 such term in section 3(4) of the National Security 

16 Act of 1947 (50 U.S.C. 3003(4)). 

17 (4) POLITICAL AND ECONOMIC ELITES.—The 

18 term ‘‘political and economic elites’’ means political 

19 elites and economic elites. 

20 (5) POLITICAL ELITES.—The term ‘‘political 

21 elites’’ means current and former government offi22 cials and their high-level staff, political party lead23 ers, and political committee leaders. 

24 (b) REPORT REQUIRED.—Not later than 90 days 

25 after the date of the enactment of this Act, and annually 


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1 thereafter for the following 5 years, the Secretary of State, 

2 in coordination with the intelligence community, shall sub3 mit a report to the appropriate congressional committees 

4 regarding the ties between criminal gangs and political 

5 and economic elites in Haiti. The report shall— 

6 (1) identify prominent criminal gangs in Haiti, 

7 describe their criminal activities, and identify their 

8 primary geographic areas of operations; 

9 (2) list Haitian political and economic elites 

10 who have links to criminal gangs; 

11 (3) describe in detail the relationship between 

12 the individuals listed pursuant to paragraph (2) and 

13 the criminal gangs identified pursuant to paragraph 

14 (1); 

15 (4) describe in detail how Haitian political and 

16 economic elites use their relationships with criminal 

17 gangs to advance their political and economic inter18 ests and agenda; 

19 (5) include an assessment of how the nature 

20 and extent of collusion between political and eco21 nomic elites and criminal gangs threatens the Hai22 tian people and United States national interests and 

23 activities in the country, including the provision of 

24 security assistance to the Haitian government; and 


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1 (6) include an assessment of potential actions 

2 that the Government of the United States and the 

3 Government of Haiti could take to address the find4 ings made pursuant to paragraph (5). 

5 (c) DESIGNATIONS OF POLITICAL AND ECONOMIC

6 ELITES.— 

7 (1) IN GENERAL.—The Secretary of State, in 

8 coordination with other relevant Federal agencies 

9 and departments, shall identify persons identified 

10 pursuant to paragraphs (1) and (2) of subsection (b) 

11 who may be subjected to visa restrictions and sanc12 tions under— 

13 (A) section 7031(c) of the Department of 

14 State, Foreign Operations, and Related Pro15 grams Appropriations Act, 2021 (division K of 

16 Public Law 116–260; 8 U.S.C. 1182 note); or 

17 (B) section 1263 of the Global Magnitsky 

18 Human Rights Accountability Act (subtitle F of 

19 title XII of division A of Public Law 114–328; 

20 22 U.S.C. 2656 note). 

21 (2) IMPOSITION OF SANCTIONS.—Not later than 

22 30 days after the date on which the report is sub23 mitted pursuant to subsection (b), the President 

24 shall impose, on individuals identified pursuant to 


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1 paragraph (1), the sanctions referred to in subpara2 graphs (A) and (B) of such paragraph. 

3 (3) PUBLIC AVAILABILITY.—The list of persons 

4 identified pursuant to subsection (b)(2) shall be 

5 posted on a publicly accessible website of the De6 partment of State on the date on which the report 

7 required under subsection (b) is submitted to Con8 gress. 

9 (d) FORM OF REPORT.—The report required under 

10 subsection (b) shall be submitted in unclassified form, but 

11 may include a classified annex. 

Æ 


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