Supporting Mexico Against Corruption Act

I 116TH CONGRESS 1ST SESSION H. R. 5369 To require the imposition of sanctions pursuant to the Global Magnitsky Human Rights Accountability Act to combat corruption and human rights violations perpetrated by officials in the Mexican Government, and for other purposes. IN THE HOUSE OF REPRESENTATIVES DECEMBER 9, 2019 Mr. GALLAGHER introduced the following bill; which was referred to the Com- mittee on Foreign Affairs, and in addition to the Committee on the Judi- ciary, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned A BILL To require the imposition of sanctions pursuant to the Global Magnitsky Human Rights Accountability Act to combat corruption and human rights violations perpetrated by officials in the Mexican Government, and for other pur- poses. Be it enacted by the Senate and House of Representa- 1 tives of the United States of America in Congress assembled, 2 SECTION 1. SHORT TITLE. 3 This Act may be cited as the ‘‘Supporting Mexico 4 Against Corruption Act’’. 5 VerDate Sep 11 2014 02:25 Dec 13, 2019 Jkt 099200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\H5369.IH H5369 pamtmann on DSKBC07HB2PROD with BILLS 2 •HR 5369 IH SEC. 2. GLOBAL MAGNITSKY SANCTIONS WITH RESPECT TO 1 CERTAIN GOVERNMENT OFFICIALS THAT EN- 2 GAGE IN CORRUPTION OR HUMAN RIGHTS 3 ABUSES IN MEXICO. 4 (a) IN GENERAL.—Not later than 120 days after the 5 date of the enactment of this Act, and as appropriate 6 thereafter, the President shall impose the sanctions de- 7 scribed in subsection (c) with respect to each foreign per- 8 son described in subsection (b) if the President has cred- 9 ible evidence that the foreign person has knowingly en- 10 gaged in any of the activities described in section 11 1263(a)(3) of the Global Magnitsky Human Rights Ac- 12 countability Act (subtitle F of title XII of Public Law 13 114–328; 22 U.S.C. 2656 note). 14 (b) FOREIGN PERSONS DESCRIBED.—A foreign per- 15 son described in this subsection is a foreign person who 16 is— 17 (1) a current or former official of the Govern- 18 ment of Mexico; or 19 (2) acting on behalf of, or in cooperation with, 20 an official of such Government. 21 (c) SANCTIONS DESCRIBED.— 22 (1) IN GENERAL.—The sanctions described in 23 this subsection are the sanctions described in section 24 1263(b) of the Global Magnitsky Human Rights Ac- 25 VerDate Sep 11 2014 02:25 Dec 13, 2019 Jkt 099200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\H5369.IH H5369 pamtmann on DSKBC07HB2PROD with BILLS 3 •HR 5369 IH countability Act (subtitle F of title XII of Public 1 Law 114–328; 22 U.S.C. 2656 note). 2 (2) EXCEPTION FOR INTELLIGENCE ACTIVI- 3 TIES.—The requirement to impose sanctions under 4 this section shall not apply with respect to activities 5 subject to the reporting requirements under title V 6 of the National Security Act of 1947 (50 U.S.C. 7 3091 et seq.), or any authorized intelligence activi- 8 ties of the United States. 9 (d) WAIVER.—The President may waive the imposi- 10 tion of the sanctions under this section with respect to 11 a foreign person if the President determines and reports 12 to the appropriate congressional committees that such 13 waiver is— 14 (1) in the national security interests of the 15 United States; or 16 (2) necessary to prevent undue economic harm 17 to the people of Mexico. 18 (e) IMPLEMENTATION.— 19 (1) IN GENERAL.—The President may exercise 20 all authorities provided to the President under sec- 21 tions 203 and 205 of the International Emergency 22 Economic Powers Act (50 U.S.C. 1702 and 1704) to 23 carry out this section. 24 VerDate Sep 11 2014 02:25 Dec 13, 2019 Jkt 099200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\H5369.IH H5369 pamtmann on DSKBC07HB2PROD with BILLS 4 •HR 5369 IH (2) EXCEPTION RELATING TO THE IMPORTA- 1 TION OF GOODS.—The authorities and requirements 2 to impose sanctions authorized under this Act shall 3 not include the authority or requirement to impose 4 sanctions on the importation of goods. 5 (3) GOOD DEFINED.—In this subsection, the 6 term ‘‘good’’ means any article, natural or manmade 7 substance, material, supply or manufactured prod- 8 uct, including inspection and test equipment and ex- 9 cluding technical data. 10 (f) PENALTIES.—A person that violates, attempts to 11 violate, conspires to violate, or causes a violation of this 12 section or any regulation, license, or order issued to carry 13 out this section shall be subject to the penalties set forth 14 in subsections (b) and (c) of section 206 of the Inter- 15 national Emergency Economic Powers Act (50 U.S.C. 16 1705) to the same extent as a person that commits an 17 unlawful act described in subsection (a) of that section. 18 (g) REPORT ON IMPLEMENTATION.—Not later than 19 15 days after imposing sanctions under subsection (a), the 20 President shall submit to the appropriate congressional 21 committees a report regarding measures taken to imple- 22 ment this section. 23 SEC. 3. DEFINITIONS. 24 In this Act: 25 VerDate Sep 11 2014 02:25 Dec 13, 2019 Jkt 099200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\H5369.IH H5369 pamtmann on DSKBC07HB2PROD with BILLS 5 •HR 5369 IH (1) APPROPRIATE CONGRESSIONAL COMMIT- 1 TEES.—The term ‘‘appropriate congressional com- 2 mittees’’ means— 3 (A) the Committee on Foreign Affairs, the 4 Committee on Armed Services, the Permanent 5 Select Committee on Intelligence, the Com- 6 mittee on Financial Services, the Committee on 7 the Judiciary, and the Committee on Appro- 8 priations of the House of Representatives; and 9 (B) the Committee on Foreign Relations, 10 the Committee on Armed Services, the Select 11 Committee on Intelligence, the Committee on 12 Banking, Housing, and Urban Affairs, the 13 Committee on the Judiciary, and the Com- 14 mittee on Appropriations of the Senate. 15 (2) FOREIGN PERSON.—The term ‘‘foreign per- 16 son’’ means an individual or entity that is not a 17 United States person. 18 (3) UNITED STATES PERSON.—The term 19 ‘‘United States person’’ means— 20 (A) a United States citizen or an alien law- 21 fully admitted for permanent residence to the 22 United States; or 23 (B) an entity organized under the laws of 24 the United States or of any jurisdiction within 25 VerDate Sep 11 2014 02:25 Dec 13, 2019 Jkt 099200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\H5369.IH H5369 pamtmann on DSKBC07HB2PROD with BILLS 6 •HR 5369 IH the United States, including a foreign branch of 1 such an entity. 2 Æ VerDate Sep 11 2014 02:25 Dec 13, 2019 Jkt 099200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6301 E:\BILLS\H5369.IH H5369 pamtmann on DSKBC07HB2PROD with BILLS