I 

116TH CONGRESS 

1ST SESSION H. R. 1630 

To impose sanctions under the Global Magnitsky Human Rights Accountability Act to combat corruption, money laundering, and impunity in 

Guatemala, and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

MARCH 7, 2019 

Mrs. TORRES of California (for herself, Mr. MCGOVERN, Mr. LOWENTHAL, 

Ms. OMAR, Ms. HAALAND, Mr. RUSH, Mr. CICILLINE, Mr. POCAN, Mr. 

LEVIN of Michigan, Mr. HIMES, Mr. RASKIN, Ms. LEE of California, Mr. 

BLUMENAUER, Mr. ESPAILLAT, Mr. HUFFMAN, Mrs. NAPOLITANO, Ms. 

NORTON, Mr. BEYER, Mrs. WATSON COLEMAN, Mr. JOHNSON of Georgia, Mr. GALLEGO, Mr. DEFAZIO, and Mr. COHEN) introduced the following bill; which was referred to the Committee on Foreign Affairs, and 

in addition to the Committee on 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 impose sanctions under the Global Magnitsky Human 

Rights Accountability Act to combat corruption, money 

laundering, and impunity in Guatemala, 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, 


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1 SECTION 1. SHORT TITLE. 

2 This Act may be cited as the ‘‘Guatemala Rule of 

3 Law Accountability Act’’. 

4 SEC. 2. DEFINITIONS. 

5 In this Act: 

6 (1) APPROPRIATE CONGRESSIONAL COMMIT7 TEES.—The term ‘‘appropriate congressional com8 mittees’’ means— 

9 (A) the Committee on Foreign Relations 

10 and the Committee on Appropriations of the 

11 Senate; and 

12 (B) the Committee on Foreign Affairs and 

13 the Committee on Appropriations of the House 

14 of Representatives. 

15 (2) FOREIGN PERSON.—The term ‘‘foreign per16 son’’ means a person that is not a United States 

17 person. 

18 (3) KNOWINGLY.—The term ‘‘knowingly’’, with 

19 respect to conduct, a circumstance, or a result, 

20 means that a person has actual knowledge, or should 

21 have known, of the conduct, the circumstance, or the 

22 result. 

23 (4) UNITED STATES PERSON.—The term 

24 ‘‘United States person’’ means— 

25 (A) a natural person who is a citizen or 

26 resident of the United States or a national of 


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1 the United States (as such term is defined in 

2 section 101(a) of the Immigration and Nation3 ality Act (8 U.S.C. 1101(a))); or 

4 (B) an entity that is organized under the 

5 laws of the United States or any jurisdiction 

6 within the United States. 

7 SEC. 3. FINDINGS. 

8 Congress makes the following findings: 

9 (1) The Department of State’s 2018 Inter10 national Narcotics Control Strategy Report stated 

11 that, in Guatemala, ‘‘widespread corruption per12 meates public and private institutions and exacer13 bates the country’s security, governmental, and eco14 nomic challenges’’. 

15 (2) The same report, discussing money laun16 dering in Guatemala, noted that ‘‘[d]rug trafficking 

17 is a major source of illicit funds. Other sources in18 clude corruption, extortion, human trafficking, com19 merce of other illicit goods, and tax evasion. Money 

20 is laundered primarily through real estate, ranching, 

21 and the gaming industry. It is also laundered 

22 through a series of small transactions below the U.S. 

23 $10,000 reporting requirement, either in small 

24 banks along the Guatemala-Mexico border, or by 

25 travelers carrying cash to other countries’’. 


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1 (3) On August 10, 2018, Guatemala’s Attorney 

2 General filed a request before the Supreme Court of 

3 Guatemala to remove the immunity of Guatemala’s 

4 President, Jimmy Morales, so that he could be 

5 charged for the crime of illicit election financing, 

6 based on investigations carried out jointly by the Of7 fice of the Attorney General and the International 

8 Commission against Impunity in Guatemala 

9 (CICIG). 

10 (4) In August 2018, the Guatemalan Supreme 

11 Court ruled that there was sufficient evidence for 

12 the Guatemalan Congress to decide if President Mo13 rales should be investigated for illicit election financ14 ing. 

15 (5) On January 7, 2019, the Government of 

16 Guatemala announced that it was terminating the 

17 agreement establishing CICIG effective immediately. 

18 (6) The United Nations responded that the Sec19 retary-General ‘‘strongly rejects’’ the announcement, 

20 stating ‘‘The mandate of the Commission is set to 

21 end on 3 September 2019. Until that date, we ex22 pect the Government of Guatemala to entirely fulfill 

23 its legal obligations under the Agreement. The Sec24 retary-General expects the Government of Guate25 mala to abide by its international undertakings to 


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1 ensure the protection of the CICIG personnel, both 

2 international and national.’’. 

3 SEC. 4. GLOBAL MAGNITSKY SANCTIONS AGAINST FOREIGN 

4 PERSONS THAT ENGAGE IN CORRUPTION 

5 AND OTHER ACTIVITIES IN GUATEMALA. 

6 (a) IN GENERAL.—Not later than 90 days after the 

7 date of the enactment of this Act and as appropriate 

8 thereafter, the President shall impose the sanctions de9 scribed in subsection (b) on any foreign person who is a 

10 current or former official of the Government of Guate11 mala, or any foreign person acting on behalf of or in co12 operation with an official of such Government, who has 

13 knowingly— 

14 (1) committed or facilitated significant corrup15 tion, money laundering, narcotics trafficking, or fi16 nancing political campaigns with the proceeds of 

17 narcotics trafficking; 

18 (2) obstructed investigations or prosecutions 

19 carried out by Guatemalan officials of acts described 

20 in paragraph (1); 

21 (3) misused equipment provided by the Sec22 retary of State or the Secretary of Defense to the 

23 Guatemalan military or national civilian police for 

24 the purpose of combating drug trafficking or secur25 ing Guatemala’s border; 


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1 (4) disobeyed rulings of the Guatemalan Con2 stitutional Court, including rulings related to the 

3 conduct of elections; or 

4 (5) impeded or interfered with the work of any 

5 United States Government agency or any institution 

6 receiving contributions from the United States Gov7 ernment, including the International Commission 

8 against Impunity in Guatemala (CICIG). 

9 (b) SANCTIONS DESCRIBED.—The sanctions de10 scribed in this subsection are the sanctions described in 

11 section 1263(b) of the Global Magnitsky Human Rights 

12 Accountability Act (subtitle F of title XII of the National 

13 Defense Authorization Act for Fiscal Year 2017 (Public 

14 Law 114–328; 22 U.S.C. 2656 note)). 

15 (c) REGULATORY AUTHORITY.—The President shall 

16 issue such regulations, licenses, and orders as are nec17 essary to carry out this section. 

18 (d) EXCEPTION TO COMPLY WITH UNITED NATIONS

19 HEADQUARTERS AGREEMENT.—Sanctions described in 

20 subsection (b) shall not apply to an alien if admitting such 

21 alien into the United States is necessary to permit the 

22 United States to comply with the Agreement regarding the 

23 Headquarters of the United Nations, signed at Lake Suc24 cess June 26, 1947, and entered into force November 21, 


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1 1947, between the United Nations and the United States, 

2 or other applicable international obligations. 

3 (e) TERMINATION.—This section shall terminate on 

4 the date that is two years after the date of the enactment 

5 of this Act. 

6 (f) REPORT.—Not later than 180 days after the date 

7 of the enactment of this Act, the President shall transmit 

8 to the appropriate congressional committees a report re9 garding steps taken to implement this section. 

10 SEC. 5. CONDITIONS REGARDING USE OF EQUIPMENT 

11 TRANSFERRED TO SECURITY FORCES. 

12 (a) CONDITIONS.—Not later than 60 days after the 

13 date of the enactment of this Act, the Secretary of State, 

14 in coordination with the Administrator of the United 

15 States Agency for International Development and the Sec16 retary of Defense, as appropriate, shall include, in each 

17 contract, grant, license, or other mechanism providing for 

18 the transfer of United States equipment to, or use by, the 

19 Guatemalan military or national police, including for the 

20 sale of such equipment, a provision that ensures that any 

21 such equipment may be recovered by the United States 

22 if such equipment is used in violation of an end use agree23 ment or otherwise for purposes other than for which such 

24 equipment was transferred. 


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1 (b) DETERMINATION.—Not later than 90 days after 

2 receiving a written request from the chairperson and rank3 ing member of any of the appropriate congressional com4 mittees with respect to whether equipment transferred or 

5 licensed to be transferred to Guatemala by the United 

6 States has been used in violation of an end use agreement 

7 or otherwise for purposes other than for which such equip8 ment was transferred, the President shall— 

9 (1) determine whether such equipment was 

10 used in violation of such agreement or purposes; and 

11 (2) transmit to the chairperson and ranking 

12 member of such committee a report with respect to 

13 such determination that includes— 

14 (A) a statement of whether or not the 

15 President has taken or intends to take remedial 

16 action, including as provided for in this section 

17 or in the Arms Export Control Act (22 U.S.C. 

18 2753); and 

19 (B) if the President has taken or intends 

20 to take such remedial action, a description of 

21 such remedial action, or if the President will 

22 not take such action, a detailed justification re23 lating thereto. 

Æ 


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