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2022 Global Magnitsky Human Rights Accountability Act Annual Report

This notice contains the text of the report required by the Global Magnitsky Human Rights Accountability Act, as submitted by the Secretary of State.

Department of State
  1. [Public Notice 12028]

ACTION:

Notice.

SUMMARY:

This notice contains the text of the report required by the Global Magnitsky Human Rights Accountability Act, as submitted by the Secretary of State.

FOR FURTHER INFORMATION CONTACT:

Andrew Self, email: , Phone: (202) 412-3586.

SUPPLEMENTARY INFORMATION:

On December 21, 2022, the Under Secretary of State for Political Affairs approved the following report pursuant to the Global Magnitsky Human Rights Accountability Act (Pub. L. 114-328, Title XII, Subtitle F), as amended by Public Law 117-110, Section 6 (collectively, “the Act”), which is implemented and built upon by E.O. 13818 of December 20, 2017, “E.O. Blocking the Property of Persons Involved in Serious Human Rights Abuse or Corruption”(E.O. 13818). The text of the report follows:

Pursuant to Section 1264 of the Act, and in accordance with E.O. 13818, the Secretary of State, in consultation with the Secretary of the Treasury, submits this report to detail the Administration's implementation of the Act in the 2022 reporting period.

In 2022, the United States took significant action under the Global Magnitsky sanctions program (“Global Magnitsky”), designating 35 foreign persons over the course of the year. As of December 10, 2022, the United States has designated a total of 450 foreign persons (individuals and entities) pursuant to E.O. 13818. This sanctions program, which targets those connected to serious human rights abuse, corrupt actors, and their enablers, represents the best of the United States' values and enduring commitment to promote respect for human rights and combat corruption around the world. Through the Act and E.O. 13818, the United States has sought to disrupt and deter serious human rights abuse and corruption abroad; promote accountability for those who act with impunity; and maintain U.S. global leadership on anticorruption and human rights promotion in coordination with U.S. partners, allies, and civil society where appropriate. In recognition of the repeal of Section 1265 of the Act, signed into law on April 8, 2022 in Public Law 117-110, Section 6 (which enables the Reauthorization of Sanctions Under the Global Magnitsky Human Rights Accountability Act with Respect to Human Rights Violations and Corruption), the Administration can and will continue to utilize this tool to promote respect for human rights and the rule of law globally.

As the President outlined in his National Security Strategy (NSS), the United States will stand with our allies and partners to combat new threats aimed at our democracies. The Administration will take special aim at confronting corruption, which rots democracy from the inside, erodes government stability, impedes economic development, and is increasingly weaponized by authoritarian states to undermine democratic institutions. The United States seeks to promote respect for human rights; address discrimination, inequity, and marginalization in all its forms; and stand up for democracy, the rule of law, and human dignity. On all these issues, the United States works to forge a common approach with likeminded countries. Through implementation of the Global Magnitsky sanctions program, the Administration is taking action to execute the President's vision as described in the NSS.

The Global Magnitsky program and cooperation with like-minded international partners directly address the objectives outlined in the President's 2021 Memorandum on Establishing the Fight Against Corruption as a Core National Security Interest. This memorandum states that corruption threatens U.S. national security, economic equity, global anti-poverty and development efforts, and democracy itself. It directs U.S. government action to strengthen efforts to hold accountable corrupt individuals and their facilitators, including by, where appropriate, identifying, freezing, and recovering stolen assets through sanctions or other authorities; bolster the capacity of domestic and international institutions and multilateral bodies focused on establishing global anti-corruption norms; and work with international partners to counteract strategic corruption by foreign leaders, foreign state-owned or affiliated enterprises, and other foreign actors and their domestic collaborators.

On December 20, 2021, President Biden elevated anti-corruption to the forefront of U.S. national security strategy with the first ever U.S. Strategy on Countering Corruption, consisting of five mutually reinforcing pillars, including (i) Modernizing, Coordinating, and Resourcing U.S. Government Efforts to Fight Corruption, (ii) Curbing Illicit Finance, (iii) Holding Corrupt Actors Accountable, (iv) Preserving and Strengthening the Multilateral Anti-Corruption Architecture, and (v) Improving Diplomatic Engagement and Leveraging Foreign Assistance. This anti-corruption strategy spotlights the Global Magnitsky sanctions program among the U.S. government's foreign policy tools for promoting global accountability for serious human rights abuse and corruption through the imposition of financial sanctions on foreign persons.

Actions taken in 2022 continue to demonstrate the reach, flexibility, and broad scope of Global Magnitsky. The United States responded to serious human rights abuse and corruption globally, deterring and disrupting some of the most egregious behavior by foreign actors. These actions targeted, among others, corrupt politicians ( printed page 19345) undermining the rule of law in Central America and a People's Republic of China (PRC) fishing network connected to serious human rights abuse involving forced labor. The actions against the PRC fishing network in particular demonstrated the U.S. government's ongoing effort to impose tangible and significant consequences on those engaged in serious human rights abuse, including on those vessels engaged in illegal, unreported, and unregulated (IUU) fishing.

As noted in the Presidential Memorandum on Combating Illegal, Unreported, and Unregulated Fishing and Associated Labor Abuses, if IUU fishing and associated labor abuses are left unchecked, they threaten the livelihoods and human rights of fishers around the world and undermine U.S. economic competitiveness, national security, and fishery sustainability. This was the first time the United States has sanctioned an entity connected to serious human rights abuse related to forced labor issues. Where applicable, the United States used Global Magnitsky sanctions in coordination with international law enforcement actions, including Drug Enforcement Administration and Federal Bureau of Investigation (FBI) investigations, extraditions, and indictments. These designations demonstrate the Administration's resolve to leverage this important tool judiciously and to strategic effect.

When considering financial sanctions under Global Magnitsky, the United States prioritizes actions that are expected to produce a tangible and significant impact on corrupt actors, serious human rights abusers, and their affiliates, and prompt changes in behavior or disrupt the activities of malign actors. Sanctions under the Global Magnitsky program aim to target systemic corruption and human rights abuse, including the networks that engage in, facilitate, or perpetuate sustained patterns of such illicit behavior rather than incidental acts by individual targets. Persons sanctioned pursuant to this authority appear on the Office of Foreign Assets Control's (OFAC's) List of Specially Designated Nationals and Blocked Persons (SDN List). As a result of these actions, all property and interests in property of the sanctioned persons that are in the United States or in the possession or control of U.S. persons are blocked and must be reported to OFAC. Unless authorized by a general or specific license issued by OFAC or otherwise exempt, OFAC's regulations generally prohibit all transactions by U.S. persons or within (or transiting) the United States that involve any property or interests in property of designated or otherwise blocked persons. The prohibitions include the making of any contribution or provision of funds, goods, or services by, to, or for the benefit of any blocked person or the receipt of any contribution or provision of funds, goods or services from any such person.

In 2022, the Secretary of the Treasury, in consultation with the Secretary of State and the Attorney General, imposed financial sanctions on the following 35 foreign persons (individuals and entities) pursuant to E.O. 13818 (ordered by date of designation):

Sudan

Liberia

Moldova

Guatemala

El Salvador

Guinea

Mali

Philippines

PRC

Iran

Visa Restrictions Imposed

Persons designated pursuant to E.O. 13818 are subject to the entry restrictions articulated in section 2, unless an exception applies. Section 2 provides that the entry of persons designated under section 1 of the order is suspended pursuant to Presidential Proclamation 8693.

In 2022, the Department took steps to impose visa restrictions, when appropriate, on foreign persons involved in certain human rights violations andsignificantcorruption pursuant to other authorities, including Presidential Proclamations 7750 and 8697, and Section 7031(c) of the Department of State, Foreign Operations, and Related Programs Appropriations Act and will continue to identify individuals subject to those authorities as appropriate. In addition, the Department continues to implement all grounds of inadmissibility in the Immigration and Nationality Act (INA), including INA section 212(a)(3)(E) which renders applicants ineligible for visas if a consular officer has reason to believe that they participated in acts of genocide, torture or extrajudicial killings.

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

The United States recognizes that our sanctions are most impactful when implemented in coordination with our foreign partners. In 2022, the Administration continueditssuccessful outreach campaign to international partners regarding the expansion and use of domestic and multilateral anticorruption and human rights sanctions regimes. Over thecourse of the reporting period, the Administration coordinated with like-minded partnersin pursuing coordinated actions against human rights abusers and corrupt actors, particularly in the run up to annual International Anti-Corruption Day and Human Rights Day. On December 9, the United States designated a total of 25 individuals and entities. The United Kingdom, Canada, and Australia joined us with actions against targets connected to human rights abuses in Iran. Additionally, the United Kingdom's tranche of sanctions under its Global Anti-Corruption and Global Human Rights regimes included individuals and entities previously designated by the United States under Global Magnitsky: Vladimir Plathoniuc (designated under E.O. 13818 on October 26, 2022), Milan Radoicic (designated under E.O. 13818 on Dec 8, 2021), and Zvonko Veselinovic (designated under E.O. 13818 on Dec 8, 2021).

The United States is closely following the development of a European Union (EU) anti-corruption sanctions authority and stands ready to support EU efforts by sharing insights and offering technical support, including regarding evidence collection, addressing legal challenges, and evidentiary requirements. The Departments of State and the Treasury have, over the last year, shared information, coordinated messaging, identified areas of potential collaboration, and provided technical assistance to this end. The Administration will continue to seek out additional allies and partners, including meaningful input from civil society, to leverage all tools at our disposal to deny access to the United States and international financial systems and deny entry to the United States to all those who engage in serious human rights abuse and corruption.

Andrew Self,

Sanctions Officer, Bureau of Economic and Business Affairs, Department of State.

[FR Doc. 2023-06749 Filed 3-30-23; 8:45 am]

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88 FR 19344

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“2022 Global Magnitsky Human Rights Accountability Act Annual Report,” thefederalregister.org (March 31, 2023), https://thefederalregister.org/documents/2023-06749/2022-global-magnitsky-human-rights-accountability-act-annual-report.