82 FR 28215 - Global Magnitsky Human Rights Accountability Act Report

DEPARTMENT OF STATE

Federal Register Volume 82, Issue 117 (June 20, 2017)

This notice contains the text of the report, submitted by the President, that is required by the Global Magnitsky Human Rights Accountability Act.

[Federal Register Volume 82, Number 117 (Tuesday, June 20, 2017)]
[Notices]
[Pages 28215-28216]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2017-12791]


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DEPARTMENT OF STATE

[Public Notice: 10040]


Global Magnitsky Human Rights Accountability Act Report

AGENCY: Department of State.

ACTION: Notice.

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SUMMARY: This notice contains the text of the report, submitted by the 
President, that is required by the Global Magnitsky Human Rights 
Accountability Act.

FOR FURTHER INFORMATION CONTACT: Benjamin A. Kraut, Email: 
[email protected], Phone: (202) 647-9452.

SUPPLEMENTARY INFORMATION: On April 21, 2017, the President approved 
the following report under the Global Magnitsky Human Rights 
Accountability Act (Pub. L. 114-328, Subtitle F). The text follows:
    The Global Magnitsky Human Rights Accountability Act (Pub. L. 114-
328, Subtitle F) (the ``Act''), enacted on December 23, 2016, 
authorizes the President to impose financial sanctions and visa 
restrictions on foreign persons in response to certain human rights 
violations and acts of corruption.
    The President submits this report to detail (1) U.S. government 
actions to administer the Act and (2) efforts to encourage the 
governments of other countries to impose sanctions that are similar to 
the sanctions authorized by Section 1263 of the Act.
    With the passage of the Act, the United States now has a specific 
authority to identify and hold accountable persons responsible for 
gross violations of human rights and acts of significant corruption. 
The global reach of this authority, combined with a judicious selection 
of individuals and entities, will send a powerful signal that the 
United States continues to seek an end to impunity with respect to 
human rights violations and corruption. The Administration is committed 
to implementing the Act to support efforts to promote human rights and 
fight corruption. By complementing current sanctions programs and 
diplomatic outreach, the Act creates an additional authority to allow 
the Administration to respond to crises and pursue accountability, 
including where country-specific sanctions programs may not exist or 
where the declaration of a national emergency under the National 
Emergencies Act may not be appropriate. With the establishment of the 
first dedicated global human rights and corruption sanctions program, 
the United States is uniquely positioned to lead the international 
community in pursuing accountability abroad consistent with our values.

Sanctions

    Although no financial sanctions were imposed under the Act during 
the 120 days since its enactment, the United States is actively seeking 
to identify persons to whom this Act may apply and collecting the 
necessary evidence to impose sanctions.
    In addition, the Department of the Treasury has issued a number of 
sanctions designations related to human rights abuses and corruption 
under existing sanctions programs. Sanctions programs that feature one 
or both of these designation criteria include programs related to 
Belarus, Burundi, the Central African Republic, the Democratic Republic 
of Congo, Iran, Libya, North Korea, Russia, Somalia, South Sudan, 
Syria, Ukraine, Venezuela, and Zimbabwe, as well as the Sergei 
Magnitsky Rule of Law Accountability Act of 2012 (the ``Magnitsky 
Act'').
    Examples of Treasury Department designations issued in recent years 
consistent with the human rights- and corruption-related designation 
criteria of these programs are provided below. This is not an 
exhaustive list; rather, it illustrates designations that align with 
the Act's focus on human rights and corruption.
    Andrey Konstantinovich Lugovoy: On January 9, 2017, Russian 
national and member of the Russian State Duma Andrey Konstantinovich 
Lugovoy was designated under the Magnitsky Act, which includes a 
provision targeting persons responsible for extrajudicial killings, 
torture, or other gross human rights violations committed against 
individuals seeking to expose illegal activity by Russian government 
officials. Lugovoy was responsible for the 2006 extrajudicial killing 
of whistleblower Alexander Litvinenko in London, with Dmitriy Kovtun 
(also sanctioned) acting as his agent or on his behalf. Lugovoy and 
Kovtun were two of five individuals designated under the Magnitsky Act 
on January 9, 2017.
    Evariste Boshab: On December 12, 2016, Evariste Boshab was 
designated under E.O. 13413 (``Blocking Property of

[[Page 28216]]

Certain Persons Contributing to the Conflict in the Democratic Republic 
of the Congo''), as amended by E.O. 13671 (``Taking Additional Steps to 
Address the National Emergency With Respect to the Conflict in the 
Democratic Republic of the Congo''), for engaging in actions or 
policies that undermine democratic processes or institutions in the 
Democratic Republic of the Congo (DRC). Boshab offered to pay DRC 
National Assembly members for their votes in favor of a bill to amend 
electoral law to delay elections and prolong President Joseph Kabila's 
term beyond its constitutional limit.
    Kalev Mutondo: Also on December 12, 2016, Kalev Mutondo was 
designated under E.O. 13413, as amended by E.O. 13671, for engaging in 
actions or policies that undermine democratic processes or institutions 
in the DRC. Kalev supported the extrajudicial arrest and detainment of 
opposition members, many of whom were reportedly tortured. Kalev also 
directed support for President Kabila's ``MP'' political coalition 
using violent intimidation and government resources.
    North Korean Ministry and Minister of People's Security: On July 6, 
2016, the North Korean Ministry of People's Security was designated 
pursuant to E.O. 13722 (``Blocking Property of the Government of North 
Korea and the Workers' Party of Korea, and Prohibiting Certain 
Transactions With Respect to North Korea'') for having engaged in, 
facilitated, or been responsible for an abuse or violation of human 
rights by the Government of North Korea or the Workers' Party of Korea. 
The Ministry of People's Security operates a network of police stations 
and interrogation detention centers, including labor camps, throughout 
North Korea. During interrogations, suspects are systematically 
degraded, intimidated, and tortured. The Ministry of People's 
Security's Correctional Bureau supervises labor camps (kyohwaso) and 
other detention facilities, where human rights abuses occur, such as 
torture, execution, rape, starvation, forced labor, and lack of medical 
care. A Department of State report issued simultaneously with these 
designations cites defectors who have regularly reported that the 
ministry uses torture and other forms of abuse to extract confessions, 
including techniques involving sexual violence, hanging individuals 
from the ceiling for extended periods of time, prolonged periods of 
exposure, and severe beatings. Choe Pu Il, the Minister of People's 
Security, was also designated for having acted for or on behalf of the 
Ministry of People's Security.
    Joseph Mathias Niyonzima: On December 18, 2015, Joseph Mathias 
Niyonzima was designated under E.O. 13712 (``Blocking Property of 
Certain Persons Contributing to the Situation in Burundi'') for being 
responsible for or complicit in or for engaging in actions or policies 
that threaten the peace, security, or stability of Burundi. Niyonzima 
supervised and provided support to elements of the Imbonerakure pro-
government militia in Burundi, a group that has been linked to the 
arrest and torture of individuals suspected of opposing the Nkurunziza 
regime. He was also involved in plans to assassinate prominent 
opposition leaders.
    Fahd Jassem al-Freij: On May 16, 2013, Syrian Minister of Defense 
Fahd Jassem al-Freij was designated pursuant to, among other 
authorities, E.O. 13572 (``Blocking Property of Certain Persons With 
Respect to Human Rights Abuses in Syria'') for his role in the 
commission of human rights abuses in Syria. During his time as Syrian 
Minister of Defense, the Syrian military forces wantonly and 
capriciously killed Syrian civilians, including through the use of 
summary executions and indiscriminate airstrikes against civilians. 
Some of these airstrikes killed civilians waiting outside of bakeries.
    The examples above demonstrate the Treasury Department's history of 
designating persons under the human rights- and corruption-related 
criteria of various sanctions authorities. Such designations under 
existing authorities strongly complement the intent of the Act.
    The individuals and entities referenced above were designated for 
``human rights abuses'' and other broad criteria that provide 
significant flexibility in issuing human rights-related designations. 
While the human rights-related designation criterion found in the Act 
(i.e., gross violations of internationally recognized human rights) is 
narrower in focus, will actively seek to designate individuals and 
entities where sufficient information exists to meet the applicable 
evidentiary standard.

Visa Sanctions

    Although no visa sanctions were imposed under the Act during the 
120 days since its enactment, the Department of State is continuously 
reviewing available information in order to take appropriate actions 
with respect to visa ineligibilities. In addition, the Department of 
State continues to take action, as appropriate, to implement the 
authorities pursuant to which it can impose visa restrictions on those 
responsible for human rights violations and corruption, including 
Presidential Proclamation 7750, Presidential Proclamation 8697, and 
Section 7031(c) of the FY2016 State, Foreign Operations, and Related 
Programs Appropriations Act. In addition to those authorities, 
Presidential Proclamation 8693 establishes a mechanism for imposing 
visa restrictions on Specially Designated Nationals and Blocked Persons 
(SDNs) designated under certain E.O.s., as well as individuals 
designated otherwise for travel bans in UN Security Council 
Resolutions. The Department of State also continues to make visa 
ineligibility determinations pursuant to the Immigration and 
Nationality Act (INA), including Section 212(a)(3)(E)(iii), which makes 
individuals who have participated in acts of genocide or committed acts 
of torture, extrajudicial killings, and other human rights violations 
ineligible for visas.

Termination of Sanctions

    No sanctions imposed under the Act were terminated in the 120 days 
since its enactment.

Efforts To Encourage Governments of Other Countries To Impose Sanctions 
Similar to Those Authorized by the Act

    The United States is committed to encouraging other countries to 
impose sanctions that are similar to those provided for by the Act. The 
Department of State actively participates in global outreach, including 
the G-20 Denial of Entry Experts Network, a sub-group of the G-20 Anti-
Corruption Working Group, in which countries share best practices among 
visa and immigration experts. Through this network, the United States 
has encouraged other G-20 members to establish and strengthen 
corruption-related visa sanctions regimes. We note that the United 
Kingdom recently enacted legislation similar to the Act, and we will be 
consulting closely with the UK government as we implement our 
respective laws. The Department of State also has ongoing bilateral 
human rights discussions with other key allies, including the European 
Union and its member states, Japan, the Republic of Korea, and 
Australia, and will be raising the possibility of their imposing 
sanctions similar to those authorized by this Act.

Patricia M. Haslach,
Acting Assistant Secretary of State, Bureau of Economic and Business 
Affairs, Department of State.
[FR Doc. 2017-12791 Filed 6-19-17; 8:45 am]
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