Title: Guatemala Rule of Law Accountability Act
Policy area: International Affairs

Summary:
Guatemala Rule of Law Accountability Act
This bill directs the President to impose visa- and property-blocking sanctions on certain foreign persons that have engaged in corruption, money laundering, or other specified activities in Guatemala. Specifically, the sanctions shall apply to a current or former Guatemalan official, or a foreign person acting in cooperation with such an official, that knowingly (1) committed or facilitated acts of significant corruption, money laundering, or narcotics trafficking; (2) obstructed investigations into any of those acts; (3) misued equipment provided by the Department of State or Department of Defense to Guatemala's military or national police for the purpose of combating drug trafficking or securing Guatemala's border; or (4) disobeyed rulings of the Guatemalan Constitutional Court. The President shall report to Congress on the implementation of such sanctions.
In agreements to transfer equipment to Guatemala's military or national police, the State Department shall include a provision allowing the United States to recover such equipment if it is used in a way that violates an end-use agreement.

[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1630 Introduced in House (IH)]

<DOC>






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.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Guatemala Rule of Law Accountability 
Act''.

SEC. 2. DEFINITIONS.

    In this Act:
            (1) Appropriate congressional committees.--The term 
        ``appropriate congressional committees'' means--
                    (A) the Committee on Foreign Relations and the 
                Committee on Appropriations of the Senate; and
                    (B) the Committee on Foreign Affairs and the 
                Committee on Appropriations of the House of 
                Representatives.
            (2) Foreign person.--The term ``foreign person'' means a 
        person that is not a United States person.
            (3) Knowingly.--The term ``knowingly'', with respect to 
        conduct, a circumstance, or a result, means that a person has 
        actual knowledge, or should have known, of the conduct, the 
        circumstance, or the result.
            (4) United states person.--The term ``United States 
        person'' means--
                    (A) a natural person who is a citizen or resident 
                of the United States or a national of the United States 
                (as such term is defined in section 101(a) of the 
                Immigration and Nationality Act (8 U.S.C. 1101(a))); or
                    (B) an entity that is organized under the laws of 
                the United States or any jurisdiction within the United 
                States.

SEC. 3. FINDINGS.

    Congress makes the following findings:
            (1) The Department of State's 2018 International Narcotics 
        Control Strategy Report stated that, in Guatemala, ``widespread 
        corruption permeates public and private institutions and 
        exacerbates the country's security, governmental, and economic 
        challenges''.
            (2) The same report, discussing money laundering in 
        Guatemala, noted that ``[d]rug trafficking is a major source of 
        illicit funds. Other sources include corruption, extortion, 
        human trafficking, commerce of other illicit goods, and tax 
        evasion. Money is laundered primarily through real estate, 
        ranching, and the gaming industry. It is also laundered through 
        a series of small transactions below the U.S. $10,000 reporting 
        requirement, either in small banks along the Guatemala-Mexico 
        border, or by travelers carrying cash to other countries''.
            (3) On August 10, 2018, Guatemala's Attorney General filed 
        a request before the Supreme Court of Guatemala to remove the 
        immunity of Guatemala's President, Jimmy Morales, so that he 
        could be charged for the crime of illicit election financing, 
        based on investigations carried out jointly by the Office of 
        the Attorney General and the International Commission against 
        Impunity in Guatemala (CICIG).
            (4) In August 2018, the Guatemalan Supreme Court ruled that 
        there was sufficient evidence for the Guatemalan Congress to 
        decide if President Morales should be investigated for illicit 
        election financing.
            (5) On January 7, 2019, the Government of Guatemala 
        announced that it was terminating the agreement establishing 
        CICIG effective immediately.
            (6) The United Nations responded that the Secretary-General 
        ``strongly rejects'' the announcement, stating ``The mandate of 
        the Commission is set to end on 3 September 2019. Until that 
        date, we expect the Government of Guatemala to entirely fulfill 
        its legal obligations under the Agreement. The Secretary-
        General expects the Government of Guatemala to abide by its 
        international undertakings to ensure the protection of the 
        CICIG personnel, both international and national.''.

SEC. 4. GLOBAL MAGNITSKY SANCTIONS AGAINST FOREIGN PERSONS THAT ENGAGE 
              IN CORRUPTION AND OTHER ACTIVITIES IN GUATEMALA.

    (a) In General.--Not later than 90 days after the date of the 
enactment of this Act and as appropriate thereafter, the President 
shall impose the sanctions described in subsection (b) on any foreign 
person who is a current or former official of the Government of 
Guatemala, or any foreign person acting on behalf of or in cooperation 
with an official of such Government, who has knowingly--
            (1) committed or facilitated significant corruption, money 
        laundering, narcotics trafficking, or financing political 
        campaigns with the proceeds of narcotics trafficking;
            (2) obstructed investigations or prosecutions carried out 
        by Guatemalan officials of acts described in paragraph (1);
            (3) misused equipment provided by the Secretary of State or 
        the Secretary of Defense to the Guatemalan military or national 
        civilian police for the purpose of combating drug trafficking 
        or securing Guatemala's border;
            (4) disobeyed rulings of the Guatemalan Constitutional 
        Court, including rulings related to the conduct of elections; 
        or
            (5) impeded or interfered with the work of any United 
        States Government agency or any institution receiving 
        contributions from the United States Government, including the 
        International Commission against Impunity in Guatemala (CICIG).
    (b) Sanctions Described.--The sanctions described in this 
subsection are the sanctions described in section 1263(b) of the Global 
Magnitsky Human Rights Accountability Act (subtitle F of title XII of 
the National Defense Authorization Act for Fiscal Year 2017 (Public Law 
114-328; 22 U.S.C. 2656 note)).
    (c) Regulatory Authority.--The President shall issue such 
regulations, licenses, and orders as are necessary to carry out this 
section.
    (d) Exception To Comply With United Nations Headquarters 
Agreement.--Sanctions described in subsection (b) shall not apply to an 
alien if admitting such 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.
    (e) Termination.--This section shall terminate on the date that is 
two years after the date of the enactment of this Act.
    (f) Report.--Not later than 180 days after the date of the 
enactment of this Act, the President shall transmit to the appropriate 
congressional committees a report regarding steps taken to implement 
this section.

SEC. 5. CONDITIONS REGARDING USE OF EQUIPMENT TRANSFERRED TO SECURITY 
              FORCES.

    (a) Conditions.--Not later than 60 days after the date of the 
enactment of this Act, the Secretary of State, in coordination with the 
Administrator of the United States Agency for International Development 
and the Secretary of Defense, as appropriate, shall include, in each 
contract, grant, license, or other mechanism providing for the transfer 
of United States equipment to, or use by, the Guatemalan military or 
national police, including for the sale of such equipment, a provision 
that ensures that any such equipment may be recovered by the United 
States if such equipment is used in violation of an end use agreement 
or otherwise for purposes other than for which such equipment was 
transferred.
    (b) Determination.--Not later than 90 days after receiving a 
written request from the chairperson and ranking member of any of the 
appropriate congressional committees with respect to whether equipment 
transferred or licensed to be transferred to Guatemala by the United 
States has been used in violation of an end use agreement or otherwise 
for purposes other than for which such equipment was transferred, the 
President shall--
            (1) determine whether such equipment was used in violation 
        of such agreement or purposes; and
            (2) transmit to the chairperson and ranking member of such 
        committee a report with respect to such determination that 
        includes--
                    (A) a statement of whether or not the President has 
                taken or intends to take remedial action, including as 
                provided for in this section or in the Arms Export 
                Control Act (22 U.S.C. 2753); and
                    (B) if the President has taken or intends to take 
                such remedial action, a description of such remedial 
                action, or if the President will not take such action, 
                a detailed justification relating thereto.
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