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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: 12335]

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 January 25, 2024, 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) (“the Act”), which is implemented and built upon by Executive Order 13818 of December 20, 2017, “Executive Order 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 2023 reporting period.

In 2023, the United States took significant action under the Global Magnitsky sanctions program (“Global Magnitsky”), sanctioning 78 foreign persons over the course of the year. As of December 2023, the United States has sanctioned over 650 foreign persons (individuals and entities) pursuant to E.O. 13818 since 2017. 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 promoting respect for human rights and combatting corruption around the world. Through Global Magnitsky, 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 anti-corruption and human rights promotion in coordination with U.S. partners, allies, and civil society where appropriate. 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 the National Security Strategy (NSS), the United States will stand with our allies and partners to combat new threats confronting our democracies. The Administration will take special aim at countering corruption, which corrodes democracy from the inside, erodes government stability, impedes economic development, and is increasingly weaponized by authoritarian states to undermine democratic institutions. The United States also 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.

Global Magnitsky, paired with cooperation with likeminded international partners, directly addresses the objectives outlined in the 2021 United States Strategy on Countering Corruption (“the strategy”), which underscores the fight against corruption as a national security priority. The strategy 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.

The 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 2023 continue to demonstrate the reach, flexibility, and broad scope of Global Magnitsky. The United States responded to serious human rights abuse and corruption ( printed page 13796) globally, deterring and disrupting some of the most egregious behavior by foreign actors. Actions taken in 2023 targeted, among others, corrupt politicians undermining the rule of law in Paraguay, Guatemala, Bulgaria, and Haiti and serious human rights abuse involving Russia's treatment of human rights defender, prominent opposition leader, author, and historian Vladimir Kara-Murza as well as abductions and sexual violence committed by Haitian gangs and their leaders. Actions against Paraguayan and former Afghan government officials highlighted the U.S. Government's ongoing effort to disrupt pervasive corruption and illicit financial networks in their most entrenched forms and at the highest level of public office.

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 Global Magnitsky aim to target systemic corruption and human rights abuse, including the networks that engage in, facilitate, or perpetuate sustained patterns of such illicit behavior. 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 2023, the Secretary of the Treasury, in consultation with the Secretary of State and the Attorney General, imposed economic sanctions on the following 78 foreign persons (individuals and entities) pursuant to E.O. 13818:

Afghanistan

○ On December 11, 2023, 41 entities were designated for being owned or controlled by, or having acted or purported to act for or on behalf of, directly or indirectly, Ajmal Rahmani:

21 German companies: Ozean Immobilien Projektentwicklung Verwaltungs- GmbH, Ozean Immobilien Management GmbH & Co. KG, Ozean Immobilien Projektentwicklung GmbH & Co. KG, Pyramaxia Immoprojekt GmbH & Co. KG, Pyramaxia Real Estate Development GmbH & Co. KG, Pyramaxia Real Estate GmbH & Co. KG, Ozean Group GmbH, Ozean Baustoffe GmbH & Co. KG, Ozean Horizont Baumaschinen & Bauequipment GmbH & Co. KG, Ozean Horizont Bauwerke GmbH, Ozean Horizont Erdarbeiten GmbH & Co. KG, Ozean Horizont Objektplanung GmbH & Co. KG, Ozean Horizont Projektentwicklungs GmbH & Co. KG, Ozean Horizont Spezialtiefbau GmbH & Co. KG, RG Immoprojekt GmbH & Co. KG, RG Real Estate Development GmbH & Co. KG, RG Real Estate GmbH & Co. KG, NAI Energy Europe GmbH & Co. KG, NAI Energy Europe Verwaltungs GmbH, NAI Europe Energy GmbH & Co. KG, and NAI Management GmbH

Eight Cypriot companies: Pyramaxia Limited, RG Holdings Limited, NAI Logistics Limited, Buoyant Holdings Limited, Ocean Europe CY Limited, DCH. Dream Creators Holdings LTD, Riseonic Holdings LTD, and ZEM Holdings LTD

Six Emirati companies: RG Group FZE, The Fern Limited, Ascent Holdings LTD, Orbit International FZE, Ocean Estate Company Limited, and Rahmani Group International JLT

Two Afghan companies: Fidelis Logistic and Supply Services and Secure Movement Logistics Services

Two Austrian companies: Ocean Estate GmbH and Ocean Properties GmbH

One Dutch company: NAI Logistics B.V.

One Bulgarian company: Lego Investments EOOD

○ Additionally, the following two German companies were designated for being owned or controlled by, or for having acted or purported to act for or on behalf of, directly or indirectly, Ocean Properties GmbH: Ozean Development Real Estate GmbH & Co. KG and Ozean Real Estate GmbH & Co. KG.

○ The following Dutch company was designated for being owned or controlled by, or for having acted or purported to act for or on behalf of, directly or indirectly, RZ Group FZE: AlphaOne Pharmaceutical B.V.

Bulgaria

Guatemala

Haiti

Liberia

Paraguay

People's Republic of China

Russia

Uganda

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 2023, the Department took steps to impose visa restrictions, when appropriate, on foreign persons involved in certain human rights violations and significant corruption 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. The Department will continue to identify individuals subject to those authorities as appropriate, including but not limited to individuals designated under Global Magnitsky. 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 2023, the Administration continued its successful outreach campaign to international partners regarding the expansion and use of domestic and multilateral anticorruption and human rights sanctions regimes. Over the course of the reporting period, the Administration coordinated with likeminded partners in 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. The United States took its Human Rights Day actions in concert with the United Kingdom and Canada, each of which took similar measures to deter human rights abuse globally. Of note, in coordination with partners on the United Nations Security Council, the United States co-sponsored the designation by the Security Council of four Haitian gang leaders, consistent with the Presidential Memorandum on Conflict-Related Sexual Violence and underscoring the Administration's commitment to recognizing abhorrent abuse and promoting accountability for serious human rights abusers.

Though not concurrent with U.S. actions, the United Kingdom, Canada, European Union (EU), and Australia all took action against individuals in Russia connected to serious human rights abuse, namely the arbitrary detention of Russian pro-democracy activist Vladimir Kara-Murza. Additionally, the United States designated Gary Bodeau in April 2023, an individual previously designated by Canada under its Special Economic Measure for Haiti authority in November 2022. On the same day that the United States announced a second round of corruption sanctions in Bulgaria, the United Kingdom, together with U.S. government officials in Sofia, announced its designation of three corrupt Bulgarian actors for serious corruption and abuse of public institution funds under its Global Anti-Corruption and Global Human Rights regimes. The UK designations reinforced prior U.S. designations of these individuals under Global Magnitsky on June 2, 2021: Vassil Kroumov Bojkov, Delyan Slavchev Peevski, and Ilko Dimitrov Zhelyazkov. Similarly, in May 2023, the EU designated seven Moldovan individuals for undermining or threatening the sovereignty of Moldova, including Vladimir Plahotniuc, who was previously designated by the United States in October 2022 and by the United Kingdom in December 2022. In May 2023, Canada designated seven individuals, including Plahotniuc. In October 2023, Canada imposed sanctions on nine additional individuals associated with Plahotniuc. On December 8, 2023, the United States designated two Afghan individuals, including Khalid Hanafi, the Taliban's so-called “Minister” for the so-called “Ministry for the Propagation of Virtue and Prevention of Vice” (MPVPV) for serious human rights abuse related to the repression of women and girls, including through the restriction of access to secondary education for women and girls in Afghanistan solely on the basis of gender. The EU took similar action under its Global Human Rights Sanctions Regime on July 20, 2023, imposing restrictive measures on two of the Taliban's so-called “acting Ministers”—including Hanafi—for their role in “depriving Afghan girls and women of their right to education, access to justice and equal treatment between men and women.”

The United States is closely following the potential development of an 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 Administration will continue to seek out additional allies and partners, including 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 H. Self,

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

[FR Doc. 2024-03532 Filed 2-22-24; 8:45 am]

BILLING CODE 4710-AE-P

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89 FR 13795

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“Global Magnitsky Human Rights Accountability Act Annual Report,” thefederalregister.org (February 23, 2024), https://thefederalregister.org/documents/2024-03532/global-magnitsky-human-rights-accountability-act-annual-report.