[115th Congress Public Law 335]
[From the U.S. Government Publishing Office]
[[Page 132 STAT. 5019]]
Public Law 115-335
115th Congress
An Act
To oppose loans at international financial institutions for the
Government of Nicaragua unless the Government of Nicaragua is taking
effective steps to hold free, fair, and transparent elections, and for
other purposes. <<NOTE: Dec. 20, 2018 - [H.R. 1918]>>
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled, <<NOTE: Nicaragua Human
Rights and Anticorruption Act of 2018. 50 USC 1701 note.>>
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``Nicaragua Human
Rights and Anticorruption Act of 2018''.
(b) Table of Contents.--The table of contents for this Act is as
follows:
Sec. 1. Short title; table of contents.
Sec. 2. Sense of Congress on advancing a negotiated solution to
Nicaragua's crisis.
Sec. 3. Statement of policy.
Sec. 4. Restrictions on international financial institutions relating to
Nicaragua.
Sec. 5. Imposition of targeted sanctions with respect to Nicaragua.
Sec. 6. Annual certification and waiver.
Sec. 7. Report on human rights violations and corruption in Nicaragua.
Sec. 8. Civil society engagement strategy.
Sec. 9. Reform of Western Hemisphere Drug Policy Commission.
Sec. 10. Termination.
Sec. 11. Definitions.
SEC. 2. SENSE OF CONGRESS ON ADVANCING A NEGOTIATED SOLUTION TO
NICARAGUA'S CRISIS.
It is the sense of Congress that--
(1) credible negotiations between the Government of
Nicaragua and representatives of Nicaragua's civil society,
student movement, private sector, and political opposition,
mediated by the Catholic Church in Nicaragua, represent the best
opportunity to reach a peaceful solution to the current
political crisis that includes--
(A) a commitment to hold early elections that meet
democratic standards and permit credible international
electoral observation;
(B) the cessation of the violence perpetrated
against civilians by the National Police of Nicaragua
and by armed groups supported by the Government of
Nicaragua; and
(C) independent investigations into the killings of
protesters; and
(2) negotiations between the Government of Nicaragua and
representatives of Nicaragua's civil society, student movement,
private sector, and political opposition, mediated by the
Catholic Church in Nicaragua, have not resulted in an agreement
as of the date of the enactment of this Act because the
Government of Nicaragua has failed to credibly participate in
the process.
[[Page 132 STAT. 5020]]
SEC. 3. STATEMENT OF POLICY.
It is the policy of the United States to support--
(1) the rule of law and an independent judiciary and
electoral council in Nicaragua;
(2) democratic governance in Nicaragua;
(3) free and fair elections overseen by credible domestic
and international observers in Nicaragua; and
(4) anti-corruption and transparency efforts in Nicaragua.
SEC. 4. RESTRICTIONS ON INTERNATIONAL FINANCIAL INSTITUTIONS
RELATING TO NICARAGUA.
(a) Restrictions.--The Secretary of the Treasury shall--
(1) instruct the United States Executive Director at each
international financial institution of the World Bank Group to
use the voice, vote, and influence of the United States to
oppose the extension by the International Finance Corporation of
any loan or financial or technical assistance to the Government
of Nicaragua for a project in Nicaragua;
(2) instruct the United States Executive Director of the
Inter-American Development Bank to use the voice, vote, and
influence of the United States to oppose the extension by the
Bank of any loan or financial or technical assistance to the
Government of Nicaragua for a project in Nicaragua; and
(3) instruct the United States Executive Director of each
other international financial institution, including the
International Monetary Fund, to work with other key donor
countries to develop a coherent policy approach to future
engagements with and lending to the Government of Nicaragua, in
a manner that will advance human rights, including the full
restoration of the rights guaranteed to the people of Nicaragua
through the commitments made by the Government of Nicaragua as a
signatory of the International Covenant on Civil and Political
Rights.
(b) Exceptions for Basic Human Needs and Democracy Promotion.--The
restrictions under paragraphs (1) and (2) of subsection (a) shall not
apply with respect to any loan or financial or technical assistance
provided to address basic human needs or to promote democracy in
Nicaragua.
(c) <<NOTE: Deadline.>> Briefing by the Secretary of the
Treasury.--Not later than 180 days after the date of the enactment of
this Act, and annually thereafter, the Secretary of the Treasury shall
brief the appropriate congressional committees on the effectiveness of
international financial institutions in enforcing applicable program
safeguards in Nicaragua.
SEC. 5. IMPOSITION OF TARGETED SANCTIONS WITH RESPECT TO
NICARAGUA.
(a) In General <<NOTE: President. Determination.>> .--The President
shall impose the sanctions described in subsection (c) with respect to
any foreign person, including any current or former official of the
Government of Nicaragua or any person acting on behalf of that
Government, that the President determines--
(1) to be responsible for or complicit in, or responsible
for ordering, controlling, or otherwise directing, or to have
knowingly participated in, directly or indirectly, any activity
described in subsection (b);
(2) to be a leader of--
[[Page 132 STAT. 5021]]
(A) an entity that has, or whose members have,
engaged in any activity described in subsection (b); or
(B) an entity whose property and interests in
property are blocked under subsection (c)(1)(A) as a
result of activities related to the tenure of the
leader;
(3) to have knowingly materially assisted, sponsored, or
provided financial, material, or technological support for, or
goods or services in support of--
(A) an activity described in subsection (b); or
(B) a person whose property and interests in
property are blocked under subsection (c)(1)(A); or
(4) to be owned or controlled by, or to have knowingly acted
or purported to act for or on behalf of, directly or indirectly,
any person whose property and interests in property are blocked
under subsection (c)(1)(A).
(b) Activities Described <<NOTE: Effective date.>> .--An activity
described in this subsection is any of the following in or in relation
to Nicaragua on or after April 18, 2018:
(1) Significant acts of violence or conduct that constitutes
a serious abuse or violation of human rights against persons
associated with the protests in Nicaragua that began on April
18, 2018.
(2) Significant actions or policies that undermine
democratic processes or institutions.
(3) Acts of significant corruption by or on behalf of the
Government of Nicaragua or a current or former official of the
Government of Nicaragua, including--
(A) the expropriation of private or public assets
for personal gain or political purposes;
(B) corruption related to government contracts;
(C) bribery; or
(D) the facilitation or transfer of the proceeds of
corruption.
(4) The arrest or prosecution of a person, including an
individual or media outlet disseminating information to the
public, primarily because of the legitimate exercise by such
person of the freedom of speech, assembly, or the press.
(c) Sanctions Described.--
(1) In general.--The sanctions described in this subsection
are the following:
(A) Asset
blocking <<NOTE: Determination. President.>> .--The
exercise of all powers granted to the President by the
International Emergency Economic Powers Act (50 U.S.C.
1701 et seq.) to the extent necessary to block and
prohibit all transactions in all property and interests
in property of a person determined by the President to
be subject to subsection (a) if such property and
interests in property are in the United States, come
within the United States, or are or come within the
possession or control of a United States person.
(B) Exclusion from the united states and revocation
of visa or other
documentation. <<NOTE: Determination. President.>> --In
the case of an alien determined by the President to be
subject to subsection (a), denial of a visa to, and
exclusion from the United States of, the alien, and
revocation in accordance with section 221(i) of the
Immigration and Nationality Act (8 U.S.C. 1201(i)), of
any visa or other documentation of the alien.
[[Page 132 STAT. 5022]]
(2) Penalties.--A person that violates, attempts to violate,
conspires to violate, or causes a violation of a measure imposed
pursuant to paragraph (1)(A) or any regulation, license, or
order issued to carry out paragraph (1)(A) shall be subject to
the penalties set forth in subsections (b) and (c) of section
206 of the International Emergency Economic Powers Act (50
U.S.C. 1705) to the same extent as a person that commits an
unlawful act described in subsection (a) of that section.
(3) Exception relating to importation of goods.--The
requirement to block and prohibit all transactions in all
property and interests in property under paragraph (1)(A) shall
not include the authority to impose sanctions on the importation
of goods.
(4) Exception to comply with united nations headquarters
agreement.--Sanctions under paragraph (1)(B) shall not apply to
an alien if admitting the alien into the United States is
necessary to permit the United States to comply with the
Agreement regarding the Headquarters of the United Nations,
signed at Lake Success June 26, 1947, and entered into force
November 21, 1947, between the United Nations and the United
States, or other applicable international obligations.
(d) <<NOTE: President.>> Implementation; Regulatory Authority.--
(1) Implementation.--The President may exercise all
authorities provided under sections 203 and 205 of the
International Emergency Economic Powers Act (50 U.S.C. 1702 and
1704) to carry out this section.
(2) Regulatory authority.--The President shall issue such
regulations, licenses, and orders as are necessary to carry out
this section.
SEC. 6. ANNUAL CERTIFICATION AND WAIVER.
(a) <<NOTE: Deadline. Reports.>> Certification.--Not later than 180
days after the date of the enactment of this Act, and annually
thereafter, the Secretary of State shall submit to the appropriate
congressional committees a report certifying whether the Government of
Nicaragua is taking effective steps--
(1) to strengthen the rule of law and democratic governance,
including the independence of the judicial system and electoral
council;
(2) to combat corruption, including by investigating and
prosecuting cases of public corruption;
(3) to protect civil and political rights, including the
rights of freedom of the press, speech, and association, for all
people of Nicaragua, including political opposition parties,
journalists, trade unionists, human rights defenders, indigenous
peoples, and other civil society activists;
(4) to investigate and hold accountable officials of the
Government of Nicaragua and other persons responsible for the
killings of individuals associated with the protests in
Nicaragua that began on April 18, 2018; and
(5) to hold free and fair elections overseen by credible
domestic and international observers
(b) Waiver <<NOTE: President.>> .--
(1) Temporary general waiver <<NOTE: Time period.>> .--If
the Secretary certifies to the appropriate congressional
committees under subsection (a) that the Government of Nicaragua
is taking effective steps
[[Page 132 STAT. 5023]]
as described in that subsection, the President may waive the
application of the restrictions under section 4 and sanctions
under section 5 for a period of not more than one year beginning
on the date of the certification.
(2) National interest waiver.--The President may waive the
application of the restrictions under section 4 and sanctions
under section 5 if the President--
(A) <<NOTE: Determination.>> determines that such a
waiver is in the national interest of the United States;
and
(B) <<NOTE: Notice.>> submits to the appropriate
congressional committees a notice of and justification
for the waiver.
(3) Sense of congress.--It is the sense of Congress that the
President should exercise the waiver authority provided under
paragraph (1) if the Secretary of State certifies under
subsection (a) that the Government of Nicaragua is taking
effective steps as described in that subsection.
(c) Consultation.--In preparing a certification required by
subsection (a), the Secretary shall consult with the appropriate
congressional committees.
(d) Annual Briefing.--The Secretary shall annually brief the
appropriate congressional committees on whether the Government of
Nicaragua is taking effective steps as described in subsection (a).
SEC. 7. REPORT ON HUMAN RIGHTS VIOLATIONS AND CORRUPTION IN
NICARAGUA.
(a) In General <<NOTE: Coordination.>> .--Not later than 180 days
after the date of the enactment of this Act, the Secretary of State,
acting through the Assistant Secretary of State for Intelligence and
Research, and in coordination with the Secretary of the Treasury and the
Director of National Intelligence, shall submit to the appropriate
congressional committees a report on--
(1) the involvement of senior officials of the Government of
Nicaragua, including members of the Supreme Electoral Council,
the National Assembly, and the judicial system, in human rights
violations, acts of significant corruption, and money
laundering; and
(2) persons that transfer, or facilitate the transfer of,
goods or technologies for use in or with respect to Nicaragua,
that are used by the Government of Nicaragua to commit serious
human rights violations against the people of Nicaragua.
(b) Form.--The report required by subsection (a) may be classified.
SEC. 8. CIVIL SOCIETY ENGAGEMENT STRATEGY.
<<NOTE: Deadline. Briefing.>> Not later than 90 days after the date
of the enactment of this Act, the Secretary of State shall brief the
appropriate congressional committees on a strategy--
(1) for engaging relevant elements of civil society in
Nicaragua, including independent media, human rights, and anti-
corruption organizations, to strengthen rule of law and increase
accountability for human rights abuses and corruption in
Nicaragua; and
(2) setting forth measures to support the protection of
human rights and anti-corruption advocates in Nicaragua.
[[Page 132 STAT. 5024]]
SEC. 9. REFORM OF WESTERN HEMISPHERE DRUG POLICY COMMISSION.
Section 603(f)(1) of the Department of State Authorities Act, Fiscal
Year 2017 (Public Law 114-323; 130 Stat. 1938) is amended by striking
``Not later than 60 days after the date of the enactment of this Act,
the Commission shall hold an initial meeting to develop and implement''
and inserting ``At the initial meeting of the Commission, the Commission
shall develop and implement''.
SEC. 10. TERMINATION.
The provisions of this Act (other than section 9) shall terminate on
December 31, 2023.
SEC. 11. DEFINITIONS.
In this Act:
(1) Appropriate congressional committees.--The term
``appropriate congressional committees'' means--
(A) the Committee on Foreign Relations, the
Committee on Banking, Housing, and Urban Affairs, and
the Committee on Appropriations of the Senate; and
(B) the Committee on Foreign Affairs, the Committee
on Financial Services, and the Committee on
Appropriations of the House of Representatives.
(2) Good.--The term ``good'' means any article, natural or
manmade substance, material, supply or manufactured product,
including inspection and test equipment, and excluding technical
data.
(3) Person.--The term ``person'' means an individual or
entity.
(4) United states person.--The term ``United States person''
means any United States citizen, permanent resident alien,
entity organized under the laws of the United States or any
jurisdiction within the United States (including a foreign
branch of such an entity), or any person in the United States.
Approved December 20, 2018.
LEGISLATIVE HISTORY--H.R. 1918:
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CONGRESSIONAL RECORD:
Vol. 163 (2017):
Oct. 3, considered and passed House.
Vol. 164 (2018):
Nov. 27, considered and passed
Senate, amended.
Dec. 11, House concurred in Senate
amendment.
DAILY COMPILATION OF PRESIDENTIAL DOCUMENTS (2018):
Dec. 20, Presidential statement.
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