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
PL 115-335 (H.R.1918), enacted 12/20/2018

132 STAT. 5019 
PUBLIC LAW 115–335—DEC. 20, 2018 
Public Law 115–335 
115th Congress 
An Act 
To oppose loans at international financial institutions for the Government of Nica-
ragua 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 SOLU-
TION TO NICARAGUA’S CRISIS. 
It is the sense of Congress that— 
(1) credible negotiations between the Government of Nica-
ragua and representatives of Nicaragua’s civil society, student 
movement, private sector, and political opposition, mediated 
by the Catholic Church in Nicaragua, represent the best oppor-
tunity 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 pro-
testers; 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. 
Nicaragua 
Human Rights 
and 
Anticorruption 
Act of 2018. 
50 USC 1701 
note. 
Dec. 20, 2018 
[H.R. 1918] 
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132 STAT. 5020 
PUBLIC LAW 115–335—DEC. 20, 2018 
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 elec-
toral 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 Govern-
ment 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 Inter-
national Monetary Fund, to work with other key donor coun-
tries to develop a coherent policy approach to future engage-
ments 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 Nica-
ragua 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 sub-
section (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 inter-
national financial institutions in enforcing applicable program safe-
guards 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 Nica-
ragua 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— 
President. 
Determination. 
Deadline. 
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132 STAT. 5021 
PUBLIC LAW 115–335—DEC. 20, 2018 
(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 activi-
ties 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 sub-
section 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 demo-
cratic 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 corrup-
tion. 
(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 prop-
erty 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 posses-
sion 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. 
Determination. 
President. 
Determination. 
President. 
Effective date. 
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132 STAT. 5022 
PUBLIC LAW 115–335—DEC. 20, 2018 
(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 prop-
erty 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
HEAD-
QUARTERS 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 obliga-
tions. 
(d) IMPLEMENTATION; REGULATORY AUTHORITY.— 
(1) IMPLEMENTATION.—The President may exercise all 
authorities provided under sections 203 and 205 of the Inter-
national 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 Nica-
ragua 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 
Time period. 
President. 
Deadline. 
Reports. 
President. 
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132 STAT. 5023 
PUBLIC LAW 115–335—DEC. 20, 2018 
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 commit-
tees 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 classi-
fied. 
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 congres-
sional committees on a strategy— 
(1) for engaging relevant elements of civil society in Nica-
ragua, including independent media, human rights, and anti- 
corruption organizations, to strengthen rule of law and increase 
accountability for human rights abuses and corruption in Nica-
ragua; and 
(2) setting forth measures to support the protection of 
human rights and anti-corruption advocates in Nicaragua. 
Deadline. 
Briefing. 
Coordination. 
Notice. 
Determination. 
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132 STAT. 5024 
PUBLIC LAW 115–335—DEC. 20, 2018 
LEGISLATIVE HISTORY—H.R. 1918: 
CONGRESSIONAL RECORD: 
Vol. 163 (2017): Oct. 3, considered and passed House. 
Vol. 164 (2018): Nov. 27, considered and passed Senate, amended. 
Dec. 11, House concurred in Senate amendment. 
DAILY COMPILATION OF PRESIDENTIAL DOCUMENTS (2018): 
Dec. 20, Presidential statement. 
SEC. 9. REFORM OF WESTERN HEMISPHERE DRUG POLICY COMMIS-
SION. 
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 Com-
mittee 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 Appropria-
tions 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 per-
son’’ 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. 
Approved December 20, 2018. 
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