H. R. 1918 

One Hundred Fifteenth Congress 

of the 

United States of America 

AT THE SECOND SESSION 

Begun and held at the City of Washington on Wednesday, 

the third day of January, two thousand and eighteen 

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. 
H. R. 1918—2 

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— 
H. R. 1918—3 

(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 REVOCA- TION 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. 
H. R. 1918—4 

(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 
H. R. 1918—5 

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 anticorruption 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. 
H. R. 1918—6 

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. 

Speaker of the House of Representatives. 

Vice President of the United States and

President of the Senate.