§2277a. Targeted sanctions to fight corruption in El Salvador, Guatemala,,¹ Honduras, and Nicaragua

(a) Sense of Congress

It is the sense of Congress that-

(1) corruption in El Salvador, Guatemala,,¹ Honduras, and Nicaragua by private citizens and select officials in local, regional, and Federal governments significantly damages the economies of such countries and deprives citizens of opportunities;

(2) corruption in El Salvador, Guatemala,,¹ Honduras, and Nicaragua is facilitated and carried out not only by private citizens and select officials from those countries but also in many instances by individuals from third countries; and

(3) imposing targeted sanctions on individuals from throughout the world and particularly in the Western Hemisphere who are engaged in acts of significant corruption that impact El Salvador, Guatemala,,¹ Honduras, and Nicaragua or obstruction of investigations into such acts of corruption will benefit the citizens and governments of such countries.

(b) Report required

Not later than 180 days after December 27, 2020, and not less frequently than annually thereafter, the President shall submit to the appropriate congressional committees an unclassified report with classified annex if necessary that identifies each foreign person who the President determines to have knowingly engaged in actions that undermine democratic processes or institutions, or in significant corruption or obstruction of investigations into such acts of corruption in El Salvador, Guatemala,,¹ Honduras, and Nicaragua, including the following:

(1) Corruption related to government contracts.

(2) Bribery and extortion.

(3) The facilitation or transfer of the proceeds of corruption, including through money laundering.

(4) Acts of violence, harassment, or intimidation directed at governmental and nongovernmental corruption investigators.

(c) Imposition of sanctions

The President shall impose the sanctions described in subsection (d) with respect to each foreign person identified in the report required under subsection (b).

(d) Sanctions described

(1) In general

The sanctions described in this subsection are the following:

(A) Ineligibility for visas and admission to the United States

In the case of a foreign person who is an individual, such foreign person is-

(i) inadmissible to the United States;

(ii) ineligible to receive a visa or other documentation to enter the United States; and

(iii) otherwise ineligible to be admitted or paroled into the United States or to receive any other benefit under the Immigration and Nationality Act (8 U.S.C. 1101 et seq.).

(B) Current visas revoked

(i) In general

The issuing consular officer or the Secretary of State, (or a designee of the Secretary of State) shall, in accordance with section 221(i) of the Immigration and Nationality Act (8 U.S.C. 1201(i)), revoke any visa or other entry documentation issued to a foreign person regardless of when the visa or other entry documentation is issued.

(ii) Effect of revocation

A revocation under clause (i) shall-

(I) take effect immediately; and

(II) automatically cancel any other valid visa or entry documentation that is in the foreign person's possession.

(2) Exception to comply with international obligations

Sanctions under subparagraph (B) and (C) ² of paragraph (1) shall not apply with respect to a foreign person if admitting or paroling such person 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.

(e) National security waiver

The President may waive the application of the sanctions under subsection (c) ³ if the President-

(1) determines that such a waiver is in the national security interest of the United States; and

(2) submits to the appropriate congressional committees within 15 days after such determination a notice of and justification for the waiver.

(f) Termination

The authority to impose sanctions under subsection (b),⁴ and any sanctions imposed pursuant to such authority, shall expire on the date that is 3 years after December 27, 2020.

(g) Public availability

The unclassified portion of the report required by subsection (b) shall be made available to the public, including through publication in the Federal Register. In any case in which the President concludes that such publication would be harmful to the national security of the United States, only a statement that a determination or finding has been made by the President, including the name and section of the Act under which it was made, shall be published.

(h) Definitions

In this section, the term "appropriate congressional committees" means-

(1) the Committee on Foreign Relations and the Committee on the Judiciary of the Senate;

(2) the Committee on Foreign Affairs and the Committee on the Judiciary of the House of Representatives.

( Pub. L. 116–260, div. FF, title III, §353, Dec. 27, 2020, 134 Stat. 3129 ; Pub. L. 117–54, §7, Nov. 10, 2021, 135 Stat. 418 .)

Editorial Notes

References in Text

The Immigration and Nationality Act, referred to in subsec. (d)(1)(A)(iii), is act June 27, 1952, ch. 477, 66 Stat. 163 , which is classified principally to chapter 12 (§1101 et seq.) of Title 8, Aliens and Nationality. For complete classification of this Act to the Code, see Short Title note set out under section 1101 of Title 8 and Tables.

Codification

Section was enacted as part of the United States – Northern Triangle Enhanced Engagement Act, and not as part of the Foreign Assistance Act of 1961 which comprises this chapter.

Amendments

2021-Pub. L. 117–54 substituted ", Honduras, and Nicaragua" for "and Honduras" in section catchline and wherever appearing in text.

Executive Documents

Delegation of Certain Authorities and Functions Under Section 353 of the United States-Northern Triangle Enhanced Engagement Act

Memorandum of President of the United States, June 21, 2021, 86 F.R. 34591, provided:

Memorandum for the Secretary of State

By the authority vested in me as President by the Constitution and the laws of the United States of America, including section 301 of title 3, United States Code, I hereby delegate to the Secretary of State all authorities and functions vested in the President by section 353 of the United States-Northern Triangle Enhanced Engagement Act (Subtitle F of Title III of Division FF of Public Law 116–260) (the "Act") [22 U.S.C. 2277a].

Any reference herein to the Act related to the subject of this memorandum shall be deemed to include references to any hereafter-enacted [June 21, 2021] provisions of law that are the same or substantially the same as such provisions.

You are authorized and directed to publish this memorandum in the Federal Register.

J.R. Biden, Jr.      

¹ So in original.

² So in original. Probably should be "subparagraphs (A) and (B)".

³ So in original. Probably should be "subsection (d)".

⁴ So in original. Probably should be "subsection (c),".