Summary
WHAT THIS BILL DOES
This bill requires the Secretary of State to write yearly reports to Congress about connections between criminal gangs and Haiti's political and business leaders. The bill also directs the President to impose penalties (called sanctions, which restrict travel and freeze assets) on Haitian leaders who have ties to criminal gang activity.
WHO IT AFFECTS
The Secretary of State and intelligence agencies will do the research and write reports. Congress committees on foreign relations and intelligence will receive the reports. Haitian political leaders, government officials and business executives with gang connections face potential travel bans and asset freezes. The Haitian people and U.S. interests in Haiti are affected by gang violence and corruption.
KEY PROVISIONS
- The Secretary of State must submit a detailed report within 90 days of the law taking effect, then every year for 5 years, identifying major gangs, their crimes, and which Haitian leaders are connected to them (Sec. 3(b)(1))
- The report must list which Haitian leaders already face travel restrictions or sanctions from the U.S., other countries or the United Nations (Sec. 3(b)(1)(D))
- The President must impose travel bans and other penalties on identified Haitian leaders within 30 days after each report is submitted (Sec. 3(c)(2))
- The State Department must post the names of connected leaders on a public website (Sec. 3(c)(4))
- The President can skip these penalties if it serves a vital U.S. national interest or is needed for humanitarian assistance (Sec. 3(c)(3))
WHAT CHANGES
If this bill becomes law, the U.S. government will officially track and publicly identify Haitian political and business leaders tied to criminal gangs. Those identified will automatically face travel restrictions and asset freezes unless the President makes an exception. This information will be available to the public on the State Department website.
IMPORTANT DEFINITIONS
"Political elites" means current and former government officials and their top staff, political party leaders, and political committee leaders (Sec. 3(a)(5))
"Economic elites" means board members, officers and executives of businesses, groups or organizations that have major control over Haiti's economy, infrastructure or specific industries (Sec. 3(a)(2))
"Political and economic elites" means both types of leaders combined (Sec. 3(a)(4))
EFFECTIVE DATE
The bill's reporting requirements end 5 years after the law takes effect (Sec. 3(d)).
II
Calendar No. 47
118TH CONGRESS
1ST SESSION
S. 396
To require the Secretary of State to submit an annual report to Congress
regarding the ties between criminal gangs and political and economic
elites in Haiti and impose sanctions on political and economic elites
involved in such criminal activities.
IN THE SENATE OF THE UNITED STATES
FEBRUARY 13, 2023
Mr. MENENDEZ (for himself, Mr. RUBIO, Mr. KAINE, Mr. CRUZ, Mr. BOOK-
ER, and Mr. SCHUMER) introduced the following bill; which was read
twice and referred to the Committee on Foreign Relations
MAY 4, 2023
Reported by Mr. MENENDEZ, with an amendment
[Strike out all after the enacting clause and insert the part printed in italic]
A BILL
To require the Secretary of State to submit an annual report
to Congress regarding the ties between criminal gangs
and political and economic elites in Haiti and impose
sanctions on political and economic elites involved in
such criminal activities.
Be it enacted by the Senate and House of Representa-
1
tives of the United States of America in Congress assembled,
2
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•S 396 RS
SECTION 1. SHORT TITLE.
1
This Act may be cited as the ‘‘Haiti Criminal Collu-
2
sion Transparency Act of 2023’’.
3
SEC. 2. FINDINGS.
4
Congress makes the following findings:
5
(1) According to a United Nations estimate, ap-
6
proximately 167 criminal gangs operated in Haiti in
7
October 2021, exerting territorial control over as
8
much as two-thirds of the country.
9
(2) Haitian armed criminal gangs, the most
10
prominent of which are the G9 Family and Allies
11
and 400 Mawozo gangs, conduct violent crimes, in-
12
cluding murder, rape, arms and drug trafficking,
13
racketeering, kidnapping, and blockades of fuel and
14
aid deliveries. These crimes have perpetuated the on-
15
going security and humanitarian crises in Haiti,
16
which have worsened since the assassination of
17
President Jovenel Moı¨se on July 7, 2021.
18
(3) The United Nations Office of the High
19
Commissioner for Human Rights and the Human
20
Rights Service jointly found a 333 percent increase
21
in human rights violations and abuses against the
22
rights to life and security in Haiti between July
23
2018 and December 2019.
24
(4) At least 19,000 Haitians were forcibly dis-
25
placed during 2021 due to rising criminal violence.
26
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•S 396 RS
(5) At least 803 kidnappings were reported in
1
Haiti during the first 10 months of 2021, including
2
the kidnapping of more than 16 United States citi-
3
zens, giving Haiti having the highest per capita kid-
4
napping rate of any country in the world.
5
(6) There is significant evidence of collusion be-
6
tween criminal gangs and economic and political
7
elites in Haiti, including members of the Haitian
8
National Police, which has resulted in widespread
9
impunity and directly contributed to Haiti’s current
10
security crisis.
11
(7) On December 10, 2020, the Office of For-
12
eign Assets Control of the Department of the Treas-
13
ury designated former Haitian National Police offi-
14
cer Jimmy Che´rizier, former Director General of the
15
Ministry of the Interior Fednel Monchery, and
16
former Departmental Delegate Joseph Pierre Rich-
17
ard Duplan under the Global Magnitsky Human
18
Rights Accountability Act (subtitle F of title XII of
19
Public Law 114–328; 22 U.S.C. 2656 note) for their
20
connections to armed criminal gangs, including orga-
21
nizing the November 2018 La Saline massacre.
22
SEC. 3. REPORTING REQUIREMENTS.
23
(a) DEFINITIONS.—In this section:
24
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•S 396 RS
(1)
APPROPRIATE
CONGRESSIONAL
COMMIT-
1
TEES.—The term ‘‘appropriate congressional com-
2
mittees’’ means—
3
(A) the Committee on Foreign Relations of
4
the Senate;
5
(B) the Select Committee on Intelligence
6
of the Senate;
7
(C) the Committee on Foreign Affairs of
8
the House of Representatives; and
9
(D) the Permanent Select Committee on
10
Intelligence of the House of Representatives.
11
(2) ECONOMIC ELITES.—The term ‘‘economic
12
elites’’ means board members, officers, and execu-
13
tives of groups, committees, corporations, or other
14
entities that exert substantial influence or control
15
over Haiti’s economy, infrastructure, or particular
16
industries.
17
(3)
INTELLIGENCE
COMMUNITY.—The
term
18
‘‘intelligence community’’ has the meaning given
19
such term in section 3(4) of the National Security
20
Act of 1947 (50 U.S.C. 3003(4)).
21
(4) POLITICAL
AND
ECONOMIC
ELITES.—The
22
term ‘‘political and economic elites’’ means political
23
elites and economic elites.
24
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•S 396 RS
(5) POLITICAL
ELITES.—The term ‘‘political
1
elites’’ means current and former government offi-
2
cials and their high-level staff, political party lead-
3
ers, and political committee leaders.
4
(b) REPORT REQUIRED.—
5
(1) IN GENERAL.—Not later than 90 days after
6
the date of the enactment of this Act, and annually
7
thereafter for the following 5 years, the Secretary of
8
State, in coordination with the intelligence commu-
9
nity, shall submit a report to the appropriate con-
10
gressional committees regarding the ties between
11
criminal gangs and political and economic elites in
12
Haiti. The report shall—
13
(A) identify prominent criminal gangs in
14
Haiti, describe their criminal activities, and
15
identify their primary geographic areas of oper-
16
ations;
17
(B) list Haitian political and economic
18
elites who have links to criminal gangs;
19
(C) describe in detail the relationship be-
20
tween the individuals listed pursuant to sub-
21
paragraph (B) and the criminal gangs identified
22
pursuant to subparagraph (A);
23
(D) list Haitian political and economic
24
elites with links to criminal activities who are
25
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•S 396 RS
currently subjected to visa restrictions or sanc-
1
tions by the United States, its international
2
partners, or the United Nations, including in-
3
formation regarding—
4
(i) the date on which each such Hai-
5
tian political or economic elite was des-
6
ignated for restrictions or sanctions;
7
(ii) which countries have designated
8
such Haitian political and economic elites
9
for restrictions or sanctions; and
10
(iii) for Haitian political and economic
11
elites who were designated by the United
12
States, the statutory basis for such des-
13
ignation;
14
(E) describe in detail how Haitian political
15
and economic elites use their relationships with
16
criminal gangs to advance their political and
17
economic interests and agenda;
18
(F) include an assessment of how the na-
19
ture and extent of collusion between political
20
and economic elites and criminal gangs threat-
21
ens the Haitian people and United States na-
22
tional interests and activities in the country, in-
23
cluding the provision of security assistance to
24
the Haitian government; and
25
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•S 396 RS
(G) include an assessment of potential ac-
1
tions that the Government of the United States
2
and the Government of Haiti could take to ad-
3
dress the findings made pursuant to subpara-
4
graph (F).
5
(2) FORM
OF
REPORT.—The report required
6
under paragraph (1) shall be submitted in unclassi-
7
fied form, but may include a classified annex.
8
(c) DESIGNATIONS OF POLITICAL AND ECONOMIC
9
ELITES.—
10
(1) IN GENERAL.—The Secretary of State, in
11
coordination with other relevant Federal agencies
12
and departments, shall identify persons identified
13
pursuant to subparagraphs (A) and (B) of sub-
14
section (b)(1) who may be subjected to visa restric-
15
tions and sanctions under—
16
(A) section 7031(c) of the Department of
17
State, Foreign Operations, and Related Pro-
18
grams Appropriations Act, 2022 (division K of
19
Public Law 117–103; 8 U.S.C. 1182 note); or
20
(B) section 1263 of the Global Magnitsky
21
Human Rights Accountability Act (22 U.S.C.
22
10102).
23
(2) IMPOSITION OF SANCTIONS.—Not later than
24
30 days after the date on which the report is sub-
25
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•S 396 RS
mitted pursuant to subsection (b), the President
1
shall impose, on individuals identified pursuant to
2
paragraph (1), to the extent applicable, the sanc-
3
tions referred to in subparagraphs (A) and (B) of
4
such paragraph.
5
(3) WAIVER.—The President may waive the re-
6
quirements under paragraphs (1) and (2) with re-
7
spect to a foreign person if the President certifies
8
and reports to the appropriate congressional com-
9
mittees before such waiver is to take effect that such
10
waiver—
11
(A) would serve a vital national interest of
12
the United States; or
13
(B) is necessary for the delivery of human-
14
itarian assistance or other assistance that sup-
15
ports basic human needs.
16
(4) PUBLIC AVAILABILITY.—The list of persons
17
identified pursuant to subsection (b)(1)(B) shall be
18
posted on a publicly accessible website of the De-
19
partment of State beginning on the date on which
20
the report required under subsection (b)(1) is sub-
21
mitted to Congress.
22
(d) SUNSET.—This section shall cease to have effect
23
on the date that is 5 years after the date of the enactment
24
of this Act.
25
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•S 396 RS
SECTION 1. SHORT TITLE.
1
This Act may be cited as the ‘‘Haiti Criminal Collu-
2
sion Transparency Act of 2023’’.
3
SEC. 2. FINDINGS.
4
Congress makes the following findings:
5
(1) According to a United Nations estimate, ap-
6
proximately 167 criminal gangs operated in Haiti in
7
October 2021, exerting territorial control over as
8
much as two-thirds of the country.
9
(2) Haitian armed criminal gangs, the most
10
prominent of which are the G9 Family and Allies
11
and 400 Mawozo gangs, conduct violent crimes, in-
12
cluding murder, rape, arms and drug trafficking,
13
racketeering, kidnapping, and blockades of fuel and
14
aid deliveries. These crimes have perpetuated the on-
15
going security and humanitarian crises in Haiti,
16
which have worsened since the assassination of Presi-
17
dent Jovenel Moı¨se on July 7, 2021.
18
(3) The United Nations Office of the High Com-
19
missioner for Human Rights and the Human Rights
20
Service jointly found a 333 percent increase in
21
human rights violations and abuses against the rights
22
to life and security in Haiti between July 2018 and
23
December 2019.
24
(4) At least 19,000 Haitians were forcibly dis-
25
placed during 2021 due to rising criminal violence.
26
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•S 396 RS
(5) At least 803 kidnappings were reported in
1
Haiti during the first 10 months of 2021, including
2
the kidnapping of more than 16 United States citi-
3
zens, giving Haiti having the highest per capita kid-
4
napping rate of any country in the world.
5
(6) There is significant evidence of collusion be-
6
tween criminal gangs and economic and political
7
elites in Haiti, including members of the Haitian Na-
8
tional Police, which has resulted in widespread impu-
9
nity and directly contributed to Haiti’s current secu-
10
rity crisis.
11
(7) On December 10, 2020, the Office of Foreign
12
Assets Control of the Department of the Treasury des-
13
ignated former Haitian National Police officer
14
Jimmy Che´rizier, former Director General of the Min-
15
istry of the Interior Fednel Monchery, and former De-
16
partmental Delegate Joseph Pierre Richard Duplan
17
under the Global Magnitsky Human Rights Account-
18
ability Act (subtitle F of title XII of Public Law 114–
19
328; 22 U.S.C. 2656 note) for their connections to
20
armed criminal gangs, including organizing the No-
21
vember 2018 La Saline massacre.
22
SEC. 3. REPORTING REQUIREMENTS.
23
(a) DEFINITIONS.—In this section:
24
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•S 396 RS
(1)
APPROPRIATE
CONGRESSIONAL
COMMIT-
1
TEES.—The term ‘‘appropriate congressional commit-
2
tees’’ means—
3
(A) the Committee on Foreign Relations of
4
the Senate;
5
(B) the Select Committee on Intelligence of
6
the Senate;
7
(C) the Committee on Foreign Affairs of the
8
House of Representatives; and
9
(D) the Permanent Select Committee on In-
10
telligence of the House of Representatives.
11
(2) ECONOMIC
ELITES.—The term ‘‘economic
12
elites’’ means board members, officers, and executives
13
of groups, committees, corporations, or other persons
14
and entities that exert substantial influence or control
15
over Haiti’s economy, infrastructure, or particular
16
industries.
17
(3) INTELLIGENCE COMMUNITY.—The term ‘‘in-
18
telligence community’’ has the meaning given such
19
term in section 3(4) of the National Security Act of
20
1947 (50 U.S.C. 3003(4)).
21
(4) POLITICAL
AND
ECONOMIC
ELITES.—The
22
term ‘‘political and economic elites’’ means political
23
elites and economic elites.
24
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•S 396 RS
(5) POLITICAL
ELITES.—The term ‘‘political
1
elites’’ means current and former government officials
2
and their high-level staff, political party leaders, and
3
political committee leaders.
4
(b) REPORT REQUIRED.—
5
(1) IN GENERAL.—Not later than 90 days after
6
the date of the enactment of this Act, and annually
7
thereafter for the following 5 years, the Secretary of
8
State, in coordination with the intelligence commu-
9
nity, shall submit a report to the appropriate congres-
10
sional committees regarding the ties between criminal
11
gangs and political and economic elites in Haiti. The
12
report shall—
13
(A) identify prominent criminal gangs in
14
Haiti, describe their criminal activities, and
15
identify
[Text truncated for display. Full text available on Congress.gov.]