I 

113TH CONGRESS 

1ST SESSION H. R. 1687 

To provide for the imposition of sanctions with respect to foreign persons 

responsible for or complicit in ordering, controlling, or otherwise directing, the commission of serious human rights abuses against citizens 

of ALBA countries, and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

APRIL 23, 2013 

Ms. ROS-LEHTINEN (for herself and Mr. SIRES) introduced the following bill; 

which was referred to the Committee on Foreign Affairs, and in addition 

to the Committees on Financial Services, Ways and Means, and the Judiciary, for a period to be subsequently determined by the Speaker, in each 

case for consideration of such provisions as fall within the jurisdiction of 

the committee concerned 

A BILL 

To provide for the imposition of sanctions with respect to 

foreign persons responsible for or complicit in ordering, 

controlling, or otherwise directing, the commission of serious human rights abuses against citizens of ALBA 

countries, and for other purposes. 

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 ‘‘Countering ALBA Act 

5 of 2013’’. 


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1 SEC. 2. DEFINITIONS. 

2 In this Act: 

3 (1) APPROPRIATE CONGRESSIONAL COMMIT4 TEES.—The term ‘‘appropriate congressional com5 mittees’’ means— 

6 (A) the Committee on Foreign Affairs of 

7 the House of Representatives; and 

8 (B) the Committee on Foreign Relations of 

9 the Senate. 

10 (2) ALBA COUNTRIES.—The term ‘‘ALBA 

11 countries’’ means Venezuela, Nicaragua, Bolivia, and 

12 Ecuador. 

13 (3) ALBA GOVERNMENTS.—The term ‘‘ALBA 

14 Governments’’ means the Governments of Venezuela, 

15 Nicaragua, Bolivia, and Ecuador. 

16 (4) HUMAN RIGHTS.—The term ‘‘human 

17 rights’’ has the meaning given such term in the 

18 Inter-American Democratic Charter. 

19 (5) SENSITIVE TECHNOLOGY.— 

20 (A) IN GENERAL.—The term ‘‘sensitive 

21 technology’’ means hardware, software, tele22 communications equipment, or any other tech23 nology that the President determines is to be 

24 used specifically to— 

25 (i) restrict the free flow of unbiased 

26 information; or 


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1 (ii) disrupt, monitor, or otherwise re2 strict freedom of speech. 

3 (B) EXCEPTION.—The term ‘‘sensitive 

4 technology’’ does not include information or in5 formational materials the exportation of which 

6 the President does not have the authority to 

7 regulate. 

8 SEC. 3. FINDINGS. 

9 Congress finds the following: 

10 (1) The 2004 Venezuelan Law on Social Re11 sponsibility of Radio and Television gives the gov12 ernment the authority to control radio and television 

13 content. 

14 (2) According to the Department of State’s an15 nual Country Reports on Human Rights Practices 

16 for 2012 for Venezuela, ‘‘The following human 

17 rights problems were reported by nongovernmental 

18 organizations (NGOs), the media, and in some cases 

19 the government itself: unlawful killings, including 

20 summary killings by rogue police elements; torture 

21 and other cruel, inhuman, or degrading treatment; 

22 inadequate juvenile detention centers; arbitrary ar23 rests and detentions; corruption and impunity in po24 lice forces; political prisoners; interference with pri25 vacy rights; corruption at all levels of government; 


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1 threats against domestic NGOs; violence against 

2 women; anti-Semitism in the official media; traf3 ficking in persons; violence based on sexual orienta4 tion and gender identity; and restrictions on work5 ers’ right of association.’’. 

6 (3) In December 2010, the Venezuelan Con7 gress passed the Law on Political Sovereignty and 

8 National Self-Determination, which threatens sanc9 tions against any ‘‘political organization’’ that re10 ceives foreign funding or hosts foreign visitors who 

11 criticize the government. 

12 (4) According to Freedom House’s Freedom in 

13 the World Report of 2012 on Venezuela, 

14 ‘‘Politicization of the judicial branch has increased 

15 under Cha ́vez, and high courts generally do not rule 

16 against the government.’’. 

17 (5) According to the Department of State’s 

18 Country Reports on Human Rights Practices for 

19 2012 for Venezuela, ‘‘The principal human rights 

20 abuses reported during the year included corruption, 

21 inefficiency, and politicization in the judicial system; 

22 government actions to impede freedom of expression; 

23 and harsh and life-threatening prison conditions. 

24 The government harassed and intimidated privately 

25 owned television stations, other media outlets, and 


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1 journalists throughout the year, using threats, fines, 

2 property seizures, targeted regulations, and criminal 

3 investigations and prosecutions. The government did 

4 not respect judicial independence or permit judges to 

5 act according to the law without fear of retaliation. 

6 The government used the judiciary to intimidate and 

7 selectively prosecute political, union, business, and 

8 civil society leaders who were critical of government 

9 policies or actions. Failure to provide for due process 

10 rights, physical safety, and humane conditions for 

11 inmates contributed to widespread violence, riots, in12 juries, and deaths in prisons.’’. 

13 (6) According to Freedom House’s Freedom in 

14 the World Report of 2012 on Nicaragua, ‘‘The press 

15 has faced increased political and judicial harassment 

16 since 2007, as the Ortega administration engages in 

17 systematic efforts to obstruct and discredit media 

18 critics. Journalists have received death threats, and 

19 some have been killed in recent years, with a number 

20 of attacks attributed to FSLN sympathizers.’’. 

21 (7) According to Freedom House’s Freedom in 

22 the World Report of 2012 on Nicaragua, 

23 ‘‘Nicaragua’s political rights rating declined from 4 

24 to 5 due to shortcomings regarding the constitu25 tionality of Daniel Ortega’s presidential candidacy, 


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1 reported irregularities, and the absence of trans2 parency throughout the electoral process, and the 

3 Supreme electoral Tribunal’s apparent lack of neu4 trality.’’. 

5 (8) According to the Department of State’s an6 nual Country Reports on Human Rights Practices 

7 for 2012 for Nicaragua, ‘‘The principal human 

8 rights abuses were restrictions on citizens’ right to 

9 vote, including significantly biased policies to pro10 mote single party dominance, and withholding of ac11 creditation from election-monitoring nongovern12 mental organizations (NGOs); widespread corrup13 tion, including in the police, CSE, Supreme Court of 

14 Justice (CSJ), and other government organs; and 

15 societal violence, particularly against women and les16 bian, gay, bisexual, and transgender (LGBT) per17 sons. Additional significant human rights abuses in18 cluded police abuse of suspects during arrest and de19 tention; harsh and life-threatening prison conditions; 

20 arbitrary and lengthy pretrial detention; erosion of 

21 freedom of speech and press, including government 

22 intimidation and harassment of journalists and inde23 pendent media; government harassment and intimi24 dation of NGOs; trafficking in persons; discrimina25 tion against ethnic minorities and indigenous perVerDate Mar 15 2010 03:51 Apr 30, 2013 Jkt 029200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6201 E:\BILLS\H1687.IH H1687

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1 sons and communities; societal discrimination 

2 against persons with disabilities; discrimination 

3 against persons with HIV/AIDS; and violations of 

4 trade union rights.’’. 

5 (9) According to Freedom House’s Freedom in 

6 the World Report of 2012 on Ecuador, ‘‘In Feb7 ruary 2011, Guayaquil’s leading newspaper, El 

8 Universo, published an opinion column suggesting 

9 that Correa could be held accountable in the future 

10 for the use of lethal force during the rescue oper11 ation. In response, Correa lodged a lawsuit against 

12 the author and the owners of the newspaper. All 

13 four defendants were found guilty of aggravated def14 amation and sentenced in July to three-year prison 

15 sentences and an unprecedented fine of $40 million. 

16 International human rights and press freedom orga17 nizations, along with the Organization of American 

18 States (OAS) and the United Nations, denounced 

19 the court decision as a clear effort to intimidate the 

20 press.’’. 

21 (10) Freedom House gave Ecuador a ‘‘down22 ward trend arrow’’ in 2012 due to ‘‘the govern23 ment’s intensified campaign against opposition lead24 ers and intimidation of journalists, its excessive use 

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1 erendum, and the unconstitutional restructuring of 

2 the judiciary.’’. 

3 (11) According to the Department of State’s 

4 annual Country Reports on Human Rights Practices 

5 for 2012 for Ecuador, ‘‘The main human rights 

6 abuses were the use of excessive force by public se7 curity forces, restrictions on freedom of speech, 

8 press, and association; and corruption by officials. 

9 President Correa and his administration continued 

10 verbal and legal attacks against the media and used 

11 legal mechanisms such as libel laws and administra12 tive regulations to suppress freedom of the press. 

13 Corruption was widespread, and questions continued 

14 regarding transparency within the judicial sector, de15 spite attempts at procedural reform. The following 

16 human rights problems continued: isolated unlawful 

17 killings, poor prison conditions, arbitrary arrest and 

18 detention, abuses by security forces, a high number 

19 of pretrial detainees, and delays and denial of due 

20 process within the judicial system. Societal problems 

21 continued, including physical aggression against 

22 journalists; violence against women; discrimination 

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1 tion; trafficking in persons and exploitation of mi2 nors; and child labor.’’. 

3 (12) According to the Department of State’s 

4 annual Country Reports on Human Rights Practices 

5 for 2012 for Bolivia, ‘‘The most serious human 

6 rights problems included arbitrary arrest or deten7 tion, denial of a fair and timely public trial, and vio8 lence against women. Additional human rights prob9 lems included harsh prison conditions, restrictions 

10 on freedom of speech and press, official corruption 

11 in the judiciary and elsewhere, lack of government 

12 transparency, trafficking in persons, and vigilante 

13 justice. Societal discrimination continued against 

14 women; members of racial and ethnic minority 

15 groups; indigenous persons; individuals with disabil16 ities; lesbian, gay, bisexual and transgender (LGBT) 

17 persons; and those with HIV/AIDS.’’. 

18 (13) According to Freedom House’s Freedom in 

19 the World Report of 2012 on Bolivia, ‘‘Corruption 

20 remains a major problem in Bolivia, affecting a 

21 range of government entities and economic sectors, 

22 including extractive industries.’’. 

23 (14) According to Freedom House’s Freedom in 

24 the World Report of 2012 on Bolivia, ‘‘In July 

25 2011, Morales signed a new telecommunications law 


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1 requiring that state-run media control 33 percent of 

2 all broadcast licenses. Press freedom advocates wel3 comed the idea of expanding media access to new 

4 groups, but expressed fears that local and indige5 nous outlets would lack the financial resources to op6 erate independently and could fall under government 

7 control. The law also allows the government to ac8 cess any private communication, including e-mail 

9 and telephone calls, for reasons of ‘national security’ 

10 or any other emergency.’’. 

11 (15) Mr. Jacob Ostreicher, who has been de12 tained in the notorious Palmasola prison in Santa 

13 Cruz de la Sierra, Bolivia, since June 4, 2011, is 

14 one of the United States citizens who currently is 

15 enduring multiple, egregious, and continuous viola16 tions of his fundamental due process and human 

17 rights under both local and international law. 

18 SEC. 4. ACTIONS AT THE ORGANIZATION OF AMERICAN 

19 STATES. 

20 The Secretary of State shall direct the United States 

21 Permanent Representative to the Organization of Amer22 ican States to use the voice, vote, and influence of the 

23 United States at the Organization of American States to 

24 defend, protect, and strengthen the independent Inter25 American Commission on Human Rights to advance the 


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1 protection of human rights throughout the Western Hemi2 sphere. 

3 SEC. 5. IMPOSITION OF SANCTIONS ON CERTAIN PERSONS 

4 WHO ARE RESPONSIBLE FOR OR COMPLICIT 

5 IN HUMAN RIGHTS ABUSES COMMITTED 

6 AGAINST CITIZENS OF ALBA COUNTRIES OR 

7 THEIR FAMILY MEMBERS AFTER FEBRUARY 

8 2, 1999. 

9 (a) IN GENERAL.—The President shall impose sanc10 tions described in subsection (c) with respect to each per11 son on the list required by subsection (b). 

12 (b) LIST OF PERSONS WHO ARE RESPONSIBLE FOR

13 OR COMPLICIT IN CERTAIN HUMAN RIGHTS ABUSES.— 

14 (1) IN GENERAL.—Not later than 90 days after 

15 the date of the enactment of this Act, the President 

16 shall transmit to the appropriate congressional com17 mittees a list of persons who are officials of ALBA 

18 Governments or persons acting on behalf of ALBA 

19 Governments, who the President determines, based 

20 on credible evidence, are responsible for or complicit 

21 in, or responsible for ordering, controlling, or other22 wise directing, the commission of serious human 

23 rights abuses against citizens of ALBA countries or 

24 their family members on or after February 2, 1999. 


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1 (2) UPDATES OF LIST.—The President shall 

2 transmit to the appropriate congressional commit3 tees an updated list under paragraph (1)— 

4 (A) not later than 180 days after the date 

5 of the enactment of this Act; and 

6 (B) as new information becomes available. 

7 (3) PUBLIC AVAILABILITY.—The list required 

8 under paragraph (1) shall be made available to the 

9 public and posted on the Web sites of the Depart10 ment of the Treasury and the Department of State. 

11 (4) CONSIDERATION OF DATA FROM OTHER

12 COUNTRIES AND NONGOVERNMENTAL ORGANIZA13 TIONS.—In preparing the list required under para14 graph (1), the President may consider credible data 

15 already obtained by other countries and nongovern16 mental organizations, including organizations in 

17 ALBA countries, that monitor the human rights 

18 abuses of ALBA Governments. 

19 (c) SANCTIONS DESCRIBED.—The sanctions de20 scribed in this subsection are ineligibility for a visa to 

21 enter the United States and sanctions pursuant to the 

22 International Emergency Economic Powers Act (50 

23 U.S.C. 1701 et seq.), including blocking of property and 

24 restrictions or prohibitions on financial transactions and 

25 the exportation and importation of property, subject to 


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1 such regulations as the President may prescribe, including 

2 regulatory exceptions to permit the United States to com3 ply with the Agreement between the United Nations and 

4 the United States of America regarding the Headquarters 

5 of the United Nations, signed June 26, 1947, and entered 

6 into force November 21, 1947, and other applicable inter7 national obligations. 

8 (d) TERMINATION OF SANCTIONS.—The provisions of 

9 this section shall terminate on the date on which the Presi10 dent determines and certifies to the appropriate congres11 sional committees that the ALBA Governments have— 

12 (1) unconditionally released all political pris13 oners; 

14 (2) ceased violence, unlawful detention, torture, 

15 and abuse of its citizens; 

16 (3) conducted a transparent investigation into 

17 the killings, arrests, and abuse of peaceful political 

18 activists and prosecuted the individuals responsible 

19 for such killings, arrests, and abuse; and 

20 (4) made public commitments to, and is making 

21 demonstrable progress toward— 

22 (A) establishing an independent judiciary; 

23 and 


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1 (B) respecting the human rights and basic 

2 freedoms recognized in the Universal Declara3 tion of Human Rights. 

4 SEC. 6. IMPOSITION OF SANCTIONS WITH RESPECT TO THE 

5 TRANSFER OF GOODS OR TECHNOLOGIES TO 

6 ALBA COUNTRIES THAT ARE LIKELY TO BE 

7 USED TO COMMIT HUMAN RIGHTS ABUSES. 

8 (a) IN GENERAL.—The President shall impose sanc9 tions described in section 5(c) with respect to each person 

10 on the list required under subsection (b) of this section. 

11 (b) LIST.— 

12 (1) IN GENERAL.—Not later than 90 days after 

13 the date of the enactment of this Act, the President 

14 shall transmit to the appropriate congressional com15 mittees a list of persons who the President deter16 mines have knowingly engaged in an activity de17 scribed in paragraph (2) on or after such date of en18 actment. 

19 (2) ACTIVITY DESCRIBED.— 

20 (A) IN GENERAL.—A person engages in an 

21 activity described in this paragraph if the per22 son— 

23 (i) transfers, or facilitates the transfer 

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1 tity organized under the laws of ALBA 

2 countries, or any national of ALBA coun3 tries, for use in or with respect to ALBA 

4 countries; or 

5 (ii) provides services (including serv6 ices relating to hardware, software, and 

7 specialized information, and professional 

8 consulting, engineering, and support serv9 ices) with respect to goods or technologies 

10 described in subparagraph (C) after such 

11 goods or technologies are transferred to 

12 ALBA countries. 

13 (B) APPLICABILITY TO CONTRACTS AND

14 OTHER AGREEMENTS.—A person engages in an 

15 activity described in subparagraph (A) without 

16 regard to whether the activity is carried out 

17 pursuant to a contract or other agreement en18 tered into before, on, or after the date of the 

19 enactment of this Act. 

20 (C) GOODS OR TECHNOLOGIES DE21 SCRIBED.—Goods or technologies described in 

22 this subparagraph are goods or technologies 

23 that the President determines are likely to be 

24 used by ALBA Governments or any of the 

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1 ments (or by any other person on behalf of 

2 ALBA Governments or any of such agencies or 

3 instrumentalities) to commit serious human 

4 rights abuses against the people of ALBA coun5 tries, including— 

6 (i) firearms or ammunition (as such 

7 terms are defined in section 921 of title 

8 18, United States Code), rubber bullets, 

9 police batons, pepper or chemical sprays, 

10 stun grenades, electroshock weapons, tear 

11 gas, water cannons, or surveillance tech12 nology; or 

13 (ii) sensitive technology. 

14 (3) SPECIAL RULE TO ALLOW FOR TERMI15 NATION OF SANCTIONABLE ACTIVITY.—The Presi16 dent shall not be required to include a person on the 

17 list required under paragraph (1) if the President 

18 certifies in writing to the appropriate congressional 

19 committees that— 

20 (A) the person is no longer engaging in, or 

21 has taken significant verifiable steps toward 

22 stopping, the activity described in paragraph 

23 (2) for which the President would otherwise 

24 have included the person on the list; and 


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1 (B) the President has received reliable as2 surances that such person will not knowingly 

3 engage in any activity described in such para4 graph (2) in the future. 

5 (4) UPDATES OF LIST.—The President shall 

6 transmit to the appropriate congressional commit7 tees an updated list under paragraph (1)— 

8 (A) not later than 180 days after the date 

9 of the enactment of this Act; and 

10 (B) as new information becomes available. 

11 (5) FORM OF LIST; PUBLIC AVAILABILITY.— 

12 (A) FORM.—The list required under para13 graph (1) shall be submitted in unclassified 

14 form but may contain a classified annex. 

15 (B) PUBLIC AVAILABILITY.—The unclassi16 fied portion of the list required under para17 graph (1) shall be made available to the public 

18 and posted on the Web sites of the Department 

19 of the Treasury and the Department of State. 


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1 SEC. 7. IMPOSITION OF SANCTIONS WITH RESPECT TO PER2 SONS WHO ENGAGE IN CENSORSHIP OR 

3 OTHER RELATED ACTIVITIES AGAINST CITI4 ZENS OF ALBA COUNTRIES. 

5 (a) IN GENERAL.—The President shall impose sanc6 tions described in section 5(c) with respect to each person 

7 on the list required under subsection (b) of this section. 

8 (b) LIST OF PERSONS WHO ENGAGE IN CENSOR9 SHIP.— 

10 (1) IN GENERAL.—Not later than 90 days after 

11 the date of the enactment of this Act, the President 

12 shall transmit to the appropriate congressional com13 mittees a list of persons who the President deter14 mines have, on or after February 2, 1999, engaged 

15 in censorship or other activities with respect to 

16 ALBA countries that— 

17 (A) prohibit, limit, or penalize the exercise 

18 of freedom of expression or assembly by citizens 

19 of ALBA countries; or 

20 (B) limit access to print or broadcast 

21 media, including the facilitation or support of 

22 intentional frequency manipulation by the 

23 ALBA Governments or an entity owned or con24 trolled by ALBA Governments that would jam 

25 or restrict an international signal. 


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1 (2) UPDATES OF LIST.—The President shall 

2 transmit to the appropriate congressional commit3 tees an updated list under paragraph (1)— 

4 (A) not later than 180 days after the date 

5 of the enactment of this Act; and 

6 (B) as new information becomes available. 

7 (3) FORM OF LIST; PUBLIC AVAILABILITY.— 

8 (A) FORM.—The list required under para9 graph (1) shall be submitted in unclassified 

10 form but may contain a classified annex. 

11 (B) PUBLIC AVAILABILITY.—The unclassi12 fied portion of the list required under para13 graph (1) shall be made available to the public 

14 and posted on the Web sites of the Department 

15 of the Treasury and the Department of State. 

16 SEC. 8. COMPREHENSIVE STRATEGY TO PROMOTE INTER17 NET FREEDOM AND ACCESS TO INFORMA18 TION. 

19 Not later than 90 days after the date of the enact20 ment of this Act, the Secretary of State, in consultation 

21 with the Secretary of the Treasury and the heads of other 

22 Federal departments and agencies, as appropriate, shall 

23 submit to the appropriate congressional committees a 

24 comprehensive strategy to— 


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1 (1) assist the people of ALBA countries to 

2 produce, access, and share information freely and 

3 safely via the Internet; 

4 (2) increase the capabilities and availability of 

5 secure mobile and other communications through 

6 connective technology among human rights and de7 mocracy activists in ALBA countries; 

8 (3) provide resources for digital safety training 

9 for media and academic and civil society organiza10 tions in ALBA countries; 

11 (4) increase emergency resources for the most 

12 vulnerable human rights advocates seeking to orga13 nize, share information, and support human rights 

14 in ALBA countries; 

15 (5) expand surrogate radio, television, live 

16 stream, and social network communications inside 

17 ALBA countries; 

18 (6) expand activities to safely assist and train 

19 human rights, civil society, and democracy activists 

20 in ALBA countries to operate effectively and se21 curely; 

22 (7) expand access to proxy servers for democ23 racy activists in ALBA countries; and 


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1 (8) discourage telecommunications and software 

2 companies from facilitating Internet censorship by 

3 ALBA Governments. 

4 SEC. 9. COMPREHENSIVE STRATEGY TO ENSURE THAT 

5 ALBA GOVERNMENTS ARE DEMOCRATIC GOV6 ERNMENTS. 

7 Not later than 90 days after the date of the enact8 ment of this Act, the Secretary of State shall submit to 

9 the appropriate congressional committees a comprehensive 

10 strategy to ensure that ALBA Governments are demo11 cratic governments that— 

12 (1) result from free and fair elections— 

13 (A) conducted under the supervision of 

14 internationally recognized observers; and 

15 (B) in which— 

16 (i) opposition parties were permitted 

17 ample time to organize and campaign for 

18 such elections; and 

19 (ii) all candidates were permitted full 

20 access to the media; 

21 (2) are showing respect for the basic civil lib22 erties and human rights of the citizens of ALBA 

23 countries; 


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1 (3) are substantially moving toward a market2 oriented economic systems based on the right to own 

3 and enjoy property; 

4 (4) are committed to making constitutional 

5 changes that would ensure regular free and fair elec6 tions and the full enjoyment of basic civil liberties 

7 and human rights by the citizens of ALBA coun8 tries; and 

9 (5) have made demonstrable progress in estab10 lishing independent judiciaries and electoral councils. 

11 SEC. 10. STATEMENT OF POLICY ON POLITICAL PRIS12 ONERS. 

13 It shall be the policy of the United States— 

14 (1) to support efforts to research and identify 

15 prisoners of conscience and cases of human rights 

16 abuses in ALBA countries; 

17 (2) to offer refugee status or political asylum in 

18 the United States to political dissidents in ALBA 

19 countries if requested and consistent with the laws 

20 and national security interests of the United States; 

21 (3) to offer to assist, through the United Na22 tions High Commissioner for Refugees, with the re23 location of such political prisoners to other countries 

24 if requested, as appropriate and with appropriate 


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1 consideration for the national security interests of 

2 the United States; and 

3 (4) to publicly call for the release of ALBA 

4 country dissidents by name and raise awareness with 

5 respect to individual cases of ALBA country dis6 sidents and prisoners of conscience, as appropriate 

7 and if requested by the dissidents or prisoners them8 selves or their families. 

Æ 


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