II 
Calendar No. 180 
118TH CONGRESS 
1ST SESSION H. R. 1684 
IN THE SENATE OF THE UNITED STATES 
JULY 26, 2023 
Received; read twice and placed on the calendar 
AN ACT 
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 and impose 
sanctions on political and economic elites involved in 
such criminal activities. 
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 ‘‘Haiti Criminal Collu-
sion Transparency Act of 2023’’. 
SEC. 2. FINDINGS. 
Congress makes the following findings: 
(1) According to a United Nations estimate, ap-
proximately 167 criminal gangs operated in Haiti in 
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October 2021, exerting territorial control over as 
much as two-thirds of the country. 
(2) Haitian armed criminal gangs, the most 
prominent of which are the G9 Family and Allies 
and 400 Mawozo gangs, conduct violent crimes, in-
cluding murder, rape, arms and drug trafficking, 
racketeering, kidnapping, and blockades of fuel and 
aid deliveries. These crimes have perpetuated the on-
going security and humanitarian crises in Haiti, 
which have worsened since the assassination of 
President Jovenel Moı¨se on July 7, 2021. 
(3) The United Nations Office of the High 
Commissioner for Human Rights and the Human 
Rights Service jointly found a 333 percent increase 
in human rights violations and abuses against the 
rights to life and security in Haiti between July 
2018 and December 2019. 
(4) At least 19,000 Haitians were forcibly dis-
placed during 2021 due to rising criminal violence. 
(5) Armed gangs have used rape, and other 
forms of sexual violence to instill fear, punish, sub-
jugate, and inflict pain on local populations with the 
goal of expanding their areas of influence in Port- 
au-Prince. 
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(6) At least 803 kidnappings were reported in 
Haiti during the first 10 months of 2021, including 
the kidnapping of more than 16 United States citi-
zens, giving Haiti having the highest per capita kid-
napping rate of any country in the world. 
(7) There is significant evidence of collusion be-
tween criminal gangs and economic and political 
elites in Haiti, including members of the Haitian 
National Police, which has resulted in widespread 
impunity and directly contributed to Haiti’s current 
security crisis. 
(8) On December 10, 2020, the Office of For-
eign Assets Control of the Department of the Treas-
ury designated former Haitian National Police offi-
cer Jimmy Che´rizier, former Director General of the 
Ministry of the Interior Fednel Monchery, and 
former Departmental Delegate Joseph Pierre Rich-
ard Duplan under the Global Magnitsky Human 
Rights Accountability Act (subtitle F of title XII of 
Public Law 114–328; 22 U.S.C. 2656 note) for their 
connections to armed criminal gangs, including orga-
nizing the November 2018 La Saline massacre. 
SEC. 3. REPORTING REQUIREMENTS. 
(a) DEFINITIONS.—In this section: 
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(1) APPROPRIATE
CONGRESSIONAL
COMMIT-
TEES.—The term ‘‘appropriate congressional com-
mittees’’ means— 
(A) the Committee on Foreign Relations of 
the Senate; 
(B) the Select Committee on Intelligence 
of the Senate; 
(C) the Committee on the Judiciary of the 
Senate; 
(D) the Committee on Foreign Affairs of 
the House of Representatives; 
(E) the Permanent Select Committee on 
Intelligence of the House of Representatives; 
and 
(F) the Committee on the Judiciary of the 
House of Representatives. 
(2) ECONOMIC ELITES.—The term ‘‘economic 
elites’’ means board members, officers, and execu-
tives of groups, committees, corporations, or other 
entities that exert substantial influence or control 
over Haiti’s economy, infrastructure, or particular 
industries. 
(3) INTELLIGENCE
COMMUNITY.—The term 
‘‘intelligence community’’ has the meaning given 
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such term in section 3(4) of the National Security 
Act of 1947 (50 U.S.C. 3003(4)). 
(4) POLITICAL
AND
ECONOMIC
ELITES.—The 
term ‘‘political and economic elites’’ means political 
elites and economic elites. 
(5) POLITICAL
ELITES.—The term ‘‘political 
elites’’ means current and former government offi-
cials and their high-level staff, political party lead-
ers, and political committee leaders. 
(b) REPORT REQUIRED.— 
(1) IN GENERAL.—Not later than 90 days after 
the date of the enactment of this Act, and annually 
thereafter for the following 5 years, the Secretary of 
State, in coordination with the intelligence commu-
nity, shall submit a report to the appropriate con-
gressional committees regarding the ties between 
criminal gangs and political and economic elites in 
Haiti. The report shall— 
(A) identify prominent criminal gangs in 
Haiti, describe their criminal activities includ-
ing coercive recruitment, and identify their pri-
mary geographic areas of operations; 
(B) list Haitian political and economic 
elites who have links to criminal gangs; 
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(C) describe in detail the relationship be-
tween the individuals listed pursuant to sub-
paragraph (B) and the criminal gangs identified 
pursuant to subparagraph (A); 
(D) list Haitian political and economic 
elites with links to criminal activities who are 
currently subjected to visa restrictions or sanc-
tions by the United States, its international 
partners, or the United Nations, including in-
formation regarding— 
(i) the date on which each such Hai-
tian political or economic elite was des-
ignated for restrictions or sanctions; 
(ii) which countries have designated 
such Haitian political and economic elites 
for restrictions or sanctions; and 
(iii) for Haitian political and economic 
elites who were designated by the United 
States, the statutory basis for such des-
ignation; 
(E) describe in detail how Haitian political 
and economic elites use their relationships with 
criminal gangs to advance their political and 
economic interests and agenda; 
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(F) include a list of each criminal organi-
zation assessed to be trafficking Haitians and 
other individuals to the United States border; 
(G) include an assessment of how the na-
ture and extent of collusion between political 
and economic elites and criminal gangs threat-
ens the Haitian people and United States na-
tional interests and activities in the country, in-
cluding the provision of security assistance to 
the Haitian government; and 
(H) include an assessment of potential ac-
tions that the Government of the United States 
and the Government of Haiti could take to ad-
dress the findings made pursuant to subpara-
graph (G). 
(2) FORM
OF
REPORT.—The report required 
under paragraph (1) shall be submitted in unclassi-
fied form, but may include a classified annex. 
(c) DESIGNATIONS OF POLITICAL AND ECONOMIC 
ELITES.— 
(1) IN GENERAL.—The Secretary of State, in 
coordination with other relevant Federal agencies 
and departments, shall identify persons identified 
pursuant to subparagraphs (A) and (B) of sub-
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section (b)(1) who may be subjected to visa restric-
tions and sanctions under— 
(A) section 7031(c) of the Department of 
State, Foreign Operations, and Related Pro-
grams Appropriations Act, 2022 (division K of 
Public Law 117–103; 8 U.S.C. 1182 note); or 
(B) section 1263 of the Global Magnitsky 
Human Rights Accountability Act (22 U.S.C. 
10102). 
(2) IMPOSITION OF SANCTIONS.— 
(A) IN GENERAL.—Not later than 30 days 
after the date on which the report is submitted 
pursuant to subsection (b), the President shall 
impose, on individuals identified pursuant to 
paragraph (1), to the extent applicable, the 
sanctions referred to in subparagraphs (A) and 
(B) of such paragraph. 
(B) EXCEPTION
RELATING
TO
IMPORTA-
TION OF GOODS.— 
(i) IN
GENERAL.—A requirement to 
block and prohibit all transactions in all 
property and interests in property pursu-
ant to the authority provided by this sec-
tion shall not include the authority or a re-
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quirement to impose sanctions on the im-
portation of goods. 
(ii) GOOD DEFINED.—In this section, 
the term ‘‘good’’ means any article, natural 
or manmade substance, material, supply or 
manufactured product, including inspection 
and test equipment, and excluding tech-
nical data. 
(3) WAIVER.—The President may waive the re-
quirements under paragraphs (1) and (2) with re-
spect to a foreign person if the President certifies 
and reports to the appropriate congressional com-
mittees before such waiver is to take effect that such 
waiver— 
(A) would serve a vital national interest of 
the United States; or 
(B) is necessary for the delivery of human-
itarian assistance or other assistance that sup-
ports basic human needs. 
(4) PUBLIC AVAILABILITY.—The list of persons 
identified pursuant to subsection (b)(1)(B) shall be 
posted on a publicly accessible website of the De-
partment of State beginning on the date on which 
the report required under subsection (b)(1) is sub-
mitted to Congress. 
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(d) SUNSET.—This section shall cease to have effect 
on the date that is 5 years after the date of the enactment 
of this Act. 
Passed the House of Representatives July 25, 2023. 
Attest: 
KEVIN F. MCCUMBER, 
Clerk. 
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Calendar No. 180 
118TH CONGRESS 
1ST SESSION 
H. R. 1684 
AN ACT 
To require the Secretary of State to submit an an-
nual report to Congress regarding the ties be-
tween criminal gangs and political and economic 
elites in Haiti and impose sanctions on political 
and economic elites involved in such criminal ac-
tivities. 
JULY 26, 2023 
Received; read twice and placed on the calendar 
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