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 direct-
ing, 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 Judi-
ciary, 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 se-
rious human rights abuses against citizens of ALBA 
countries, and for other purposes. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Countering ALBA Act 
of 2013’’. 
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SEC. 2. DEFINITIONS. 
In this Act: 
(1) APPROPRIATE
CONGRESSIONAL
COMMIT-
TEES.—The term ‘‘appropriate congressional com-
mittees’’ means— 
(A) the Committee on Foreign Affairs of 
the House of Representatives; and 
(B) the Committee on Foreign Relations of 
the Senate. 
(2) ALBA COUNTRIES.—The term ‘‘ALBA 
countries’’ means Venezuela, Nicaragua, Bolivia, and 
Ecuador. 
(3) ALBA GOVERNMENTS.—The term ‘‘ALBA 
Governments’’ means the Governments of Venezuela, 
Nicaragua, Bolivia, and Ecuador. 
(4) 
HUMAN
RIGHTS.—The 
term 
‘‘human 
rights’’ has the meaning given such term in the 
Inter-American Democratic Charter. 
(5) SENSITIVE TECHNOLOGY.— 
(A) IN
GENERAL.—The term ‘‘sensitive 
technology’’ means hardware, software, tele-
communications equipment, or any other tech-
nology that the President determines is to be 
used specifically to— 
(i) restrict the free flow of unbiased 
information; or 
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(ii) disrupt, monitor, or otherwise re-
strict freedom of speech. 
(B) EXCEPTION.—The term ‘‘sensitive 
technology’’ does not include information or in-
formational materials the exportation of which 
the President does not have the authority to 
regulate. 
SEC. 3. FINDINGS. 
Congress finds the following: 
(1) The 2004 Venezuelan Law on Social Re-
sponsibility of Radio and Television gives the gov-
ernment the authority to control radio and television 
content. 
(2) According to the Department of State’s an-
nual Country Reports on Human Rights Practices 
for 2012 for Venezuela, ‘‘The following human 
rights problems were reported by nongovernmental 
organizations (NGOs), the media, and in some cases 
the government itself: unlawful killings, including 
summary killings by rogue police elements; torture 
and other cruel, inhuman, or degrading treatment; 
inadequate juvenile detention centers; arbitrary ar-
rests and detentions; corruption and impunity in po-
lice forces; political prisoners; interference with pri-
vacy rights; corruption at all levels of government; 
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threats against domestic NGOs; violence against 
women; anti-Semitism in the official media; traf-
ficking in persons; violence based on sexual orienta-
tion and gender identity; and restrictions on work-
ers’ right of association.’’. 
(3) In December 2010, the Venezuelan Con-
gress passed the Law on Political Sovereignty and 
National Self-Determination, which threatens sanc-
tions against any ‘‘political organization’’ that re-
ceives foreign funding or hosts foreign visitors who 
criticize the government. 
(4) According to Freedom House’s Freedom in 
the 
World 
Report 
of 
2012 
on 
Venezuela, 
‘‘Politicization of the judicial branch has increased 
under Cha´vez, and high courts generally do not rule 
against the government.’’. 
(5) According to the Department of State’s 
Country Reports on Human Rights Practices for 
2012 for Venezuela, ‘‘The principal human rights 
abuses reported during the year included corruption, 
inefficiency, and politicization in the judicial system; 
government actions to impede freedom of expression; 
and harsh and life-threatening prison conditions. 
The government harassed and intimidated privately 
owned television stations, other media outlets, and 
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journalists throughout the year, using threats, fines, 
property seizures, targeted regulations, and criminal 
investigations and prosecutions. The government did 
not respect judicial independence or permit judges to 
act according to the law without fear of retaliation. 
The government used the judiciary to intimidate and 
selectively prosecute political, union, business, and 
civil society leaders who were critical of government 
policies or actions. Failure to provide for due process 
rights, physical safety, and humane conditions for 
inmates contributed to widespread violence, riots, in-
juries, and deaths in prisons.’’. 
(6) According to Freedom House’s Freedom in 
the World Report of 2012 on Nicaragua, ‘‘The press 
has faced increased political and judicial harassment 
since 2007, as the Ortega administration engages in 
systematic efforts to obstruct and discredit media 
critics. Journalists have received death threats, and 
some have been killed in recent years, with a number 
of attacks attributed to FSLN sympathizers.’’. 
(7) According to Freedom House’s Freedom in 
the 
World 
Report 
of 
2012 
on 
Nicaragua, 
‘‘Nicaragua’s political rights rating declined from 4 
to 5 due to shortcomings regarding the constitu-
tionality of Daniel Ortega’s presidential candidacy, 
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reported irregularities, and the absence of trans-
parency throughout the electoral process, and the 
Supreme electoral Tribunal’s apparent lack of neu-
trality.’’. 
(8) According to the Department of State’s an-
nual Country Reports on Human Rights Practices 
for 2012 for Nicaragua, ‘‘The principal human 
rights abuses were restrictions on citizens’ right to 
vote, including significantly biased policies to pro-
mote single party dominance, and withholding of ac-
creditation 
from 
election-monitoring 
nongovern-
mental organizations (NGOs); widespread corrup-
tion, including in the police, CSE, Supreme Court of 
Justice (CSJ), and other government organs; and 
societal violence, particularly against women and les-
bian, gay, bisexual, and transgender (LGBT) per-
sons. Additional significant human rights abuses in-
cluded police abuse of suspects during arrest and de-
tention; harsh and life-threatening prison conditions; 
arbitrary and lengthy pretrial detention; erosion of 
freedom of speech and press, including government 
intimidation and harassment of journalists and inde-
pendent media; government harassment and intimi-
dation of NGOs; trafficking in persons; discrimina-
tion against ethnic minorities and indigenous per-
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sons 
and 
communities; 
societal 
discrimination 
against persons with disabilities; discrimination 
against persons with HIV/AIDS; and violations of 
trade union rights.’’. 
(9) According to Freedom House’s Freedom in 
the World Report of 2012 on Ecuador, ‘‘In Feb-
ruary 2011, Guayaquil’s leading newspaper, El 
Universo, published an opinion column suggesting 
that Correa could be held accountable in the future 
for the use of lethal force during the rescue oper-
ation. In response, Correa lodged a lawsuit against 
the author and the owners of the newspaper. All 
four defendants were found guilty of aggravated def-
amation and sentenced in July to three-year prison 
sentences and an unprecedented fine of $40 million. 
International human rights and press freedom orga-
nizations, along with the Organization of American 
States (OAS) and the United Nations, denounced 
the court decision as a clear effort to intimidate the 
press.’’. 
(10) Freedom House gave Ecuador a ‘‘down-
ward trend arrow’’ in 2012 due to ‘‘the govern-
ment’s intensified campaign against opposition lead-
ers and intimidation of journalists, its excessive use 
of public resources to influence a national ref-
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erendum, and the unconstitutional restructuring of 
the judiciary.’’. 
(11) According to the Department of State’s 
annual Country Reports on Human Rights Practices 
for 2012 for Ecuador, ‘‘The main human rights 
abuses were the use of excessive force by public se-
curity forces, restrictions on freedom of speech, 
press, and association; and corruption by officials. 
President Correa and his administration continued 
verbal and legal attacks against the media and used 
legal mechanisms such as libel laws and administra-
tive regulations to suppress freedom of the press. 
Corruption was widespread, and questions continued 
regarding transparency within the judicial sector, de-
spite attempts at procedural reform. The following 
human rights problems continued: isolated unlawful 
killings, poor prison conditions, arbitrary arrest and 
detention, abuses by security forces, a high number 
of pretrial detainees, and delays and denial of due 
process within the judicial system. Societal problems 
continued, including physical aggression against 
journalists; violence against women; discrimination 
against women, indigenous persons, Afro-Ecua-
dorians, and persons based on their sexual orienta-
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tion; trafficking in persons and exploitation of mi-
nors; and child labor.’’. 
(12) According to the Department of State’s 
annual Country Reports on Human Rights Practices 
for 2012 for Bolivia, ‘‘The most serious human 
rights problems included arbitrary arrest or deten-
tion, denial of a fair and timely public trial, and vio-
lence against women. Additional human rights prob-
lems included harsh prison conditions, restrictions 
on freedom of speech and press, official corruption 
in the judiciary and elsewhere, lack of government 
transparency, trafficking in persons, and vigilante 
justice. Societal discrimination continued against 
women; members of racial and ethnic minority 
groups; indigenous persons; individuals with disabil-
ities; lesbian, gay, bisexual and transgender (LGBT) 
persons; and those with HIV/AIDS.’’. 
(13) According to Freedom House’s Freedom in 
the World Report of 2012 on Bolivia, ‘‘Corruption 
remains a major problem in Bolivia, affecting a 
range of government entities and economic sectors, 
including extractive industries.’’. 
(14) According to Freedom House’s Freedom in 
the World Report of 2012 on Bolivia, ‘‘In July 
2011, Morales signed a new telecommunications law 
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requiring that state-run media control 33 percent of 
all broadcast licenses. Press freedom advocates wel-
comed the idea of expanding media access to new 
groups, but expressed fears that local and indige-
nous outlets would lack the financial resources to op-
erate independently and could fall under government 
control. The law also allows the government to ac-
cess any private communication, including e-mail 
and telephone calls, for reasons of ‘national security’ 
or any other emergency.’’. 
(15) Mr. Jacob Ostreicher, who has been de-
tained in the notorious Palmasola prison in Santa 
Cruz de la Sierra, Bolivia, since June 4, 2011, is 
one of the United States citizens who currently is 
enduring multiple, egregious, and continuous viola-
tions of his fundamental due process and human 
rights under both local and international law. 
SEC. 4. ACTIONS AT THE ORGANIZATION OF AMERICAN 
STATES. 
The Secretary of State shall direct the United States 
Permanent Representative to the Organization of Amer-
ican States to use the voice, vote, and influence of the 
United States at the Organization of American States to 
defend, protect, and strengthen the independent Inter- 
American Commission on Human Rights to advance the 
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protection of human rights throughout the Western Hemi-
sphere. 
SEC. 5. IMPOSITION OF SANCTIONS ON CERTAIN PERSONS 
WHO ARE RESPONSIBLE FOR OR COMPLICIT 
IN 
HUMAN 
RIGHTS 
ABUSES 
COMMITTED 
AGAINST CITIZENS OF ALBA COUNTRIES OR 
THEIR FAMILY MEMBERS AFTER FEBRUARY 
2, 1999. 
(a) IN GENERAL.—The President shall impose sanc-
tions described in subsection (c) with respect to each per-
son on the list required by subsection (b). 
(b) LIST OF PERSONS WHO ARE RESPONSIBLE FOR 
OR COMPLICIT IN CERTAIN HUMAN RIGHTS ABUSES.— 
(1) IN GENERAL.—Not later than 90 days after 
the date of the enactment of this Act, the President 
shall transmit to the appropriate congressional com-
mittees a list of persons who are officials of ALBA 
Governments or persons acting on behalf of ALBA 
Governments, who the President determines, based 
on credible evidence, are responsible for or complicit 
in, or responsible for ordering, controlling, or other-
wise directing, the commission of serious human 
rights abuses against citizens of ALBA countries or 
their family members on or after February 2, 1999. 
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(2) UPDATES
OF
LIST.—The President shall 
transmit to the appropriate congressional commit-
tees an updated list under paragraph (1)— 
(A) not later than 180 days after the date 
of the enactment of this Act; and 
(B) as new information becomes available. 
(3) PUBLIC AVAILABILITY.—The list required 
under paragraph (1) shall be made available to the 
public and posted on the Web sites of the Depart-
ment of the Treasury and the Department of State. 
(4) CONSIDERATION
OF
DATA
FROM
OTHER 
COUNTRIES
AND
NONGOVERNMENTAL
ORGANIZA-
TIONS.—In preparing the list required under para-
graph (1), the President may consider credible data 
already obtained by other countries and nongovern-
mental organizations, including organizations in 
ALBA countries, that monitor the human rights 
abuses of ALBA Governments. 
(c) SANCTIONS
DESCRIBED.—The sanctions de-
scribed in this subsection are ineligibility for a visa to 
enter the United States and sanctions pursuant to the 
International Emergency Economic Powers Act (50 
U.S.C. 1701 et seq.), including blocking of property and 
restrictions or prohibitions on financial transactions and 
the exportation and importation of property, subject to 
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such regulations as the President may prescribe, including 
regulatory exceptions to permit the United States to com-
ply with the Agreement between the United Nations and 
the United States of America regarding the Headquarters 
of the United Nations, signed June 26, 1947, and entered 
into force November 21, 1947, and other applicable inter-
national obligations. 
(d) TERMINATION OF SANCTIONS.—The provisions of 
this section shall terminate on the date on which the Presi-
dent determines and certifies to the appropriate congres-
sional committees that the ALBA Governments have— 
(1) unconditionally released all political pris-
oners; 
(2) ceased violence, unlawful detention, torture, 
and abuse of its citizens; 
(3) conducted a transparent investigation into 
the killings, arrests, and abuse of peaceful political 
activists and prosecuted the individuals responsible 
for such killings, arrests, and abuse; and 
(4) made public commitments to, and is making 
demonstrable progress toward— 
(A) establishing an independent judiciary; 
and 
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(B) respecting the human rights and basic 
freedoms recognized in the Universal Declara-
tion of Human Rights. 
SEC. 6. IMPOSITION OF SANCTIONS WITH RESPECT TO THE 
TRANSFER OF GOODS OR TECHNOLOGIES TO 
ALBA COUNTRIES THAT ARE LIKELY TO BE 
USED TO COMMIT HUMAN RIGHTS ABUSES. 
(a) IN GENERAL.—The President shall impose sanc-
tions described in section 5(c) with respect to each person 
on the list required under subsection (b) of this section. 
(b) LIST.— 
(1) IN GENERAL.—Not later than 90 days after 
the date of the enactment of this Act, the President 
shall transmit to the appropriate congressional com-
mittees a list of persons who the President deter-
mines have knowingly engaged in an activity de-
scribed in paragraph (2) on or after such date of en-
actment. 
(2) ACTIVITY DESCRIBED.— 
(A) IN GENERAL.—A person engages in an 
activity described in this paragraph if the per-
son— 
(i) transfers, or facilitates the transfer 
of, goods or technologies described in sub-
paragraph (C) to ALBA countries, any en-
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