Bill Summary
The "Haiti Criminal Collusion Transparency Act of 2022" is a bill that is being proposed in the United States Congress. The purpose of this bill is to require the Secretary of State to submit an annual report to Congress detailing the connections between criminal gangs and political and economic elites in Haiti. This bill is being proposed due to the ongoing security and humanitarian crises in Haiti, which have been exacerbated by the actions of these criminal gangs.
The bill begins by giving a short title, and then goes on to outline the findings of Congress regarding the situation in Haiti. These findings include the estimated number of criminal gangs operating in Haiti, the types of crimes they commit, and the impact of their actions on the country's security and people. The bill also notes the collusion between these gangs and political and economic elites, resulting in widespread impunity and contributing to the current crisis.
The bill then outlines the reporting requirements, which include the submission of a report to the appropriate committees of Congress within 90 days of the bill's enactment, and annually for the following 5 years. The report must identify prominent criminal gangs in Haiti, list political and economic elites with ties to these gangs, and assess the threat this collusion poses to the Haitian people and US national interests.
The bill also includes provisions for the designation of individuals for visa restrictions and sanctions, as well as the public availability of a list of these individuals. The report must be submitted in an unclassified form, but may include a classified annex. The purpose of this bill is to increase transparency and understanding of the situation in Haiti and to identify potential actions that the US and Haitian governments can take to address the issue.
Possible Impacts
1. The reporting requirements outlined in this legislation could potentially affect the Haitian government officials and high-level staff, political party leaders, and political committee leaders who have ties to criminal gangs. They could face visa restrictions and sanctions, which could limit their ability to travel and conduct business abroad.
2. The identification and public disclosure of individuals who have links to criminal gangs could also have a social impact, as their reputations and standing in society could be affected. This could lead to social stigma and potentially harm their personal and professional relationships.
3. The findings and assessments made in the report could also have broader implications for US national interests and activities in Haiti. The information gathered could inform future decisions on providing security assistance to the Haitian government and potentially impact diplomatic relations between the two countries.
[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[S. 5083 Introduced in Senate (IS)]
<DOC>
117th CONGRESS
2d Session
S. 5083
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.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
November 14, 2022
Mr. Menendez (for himself, Mr. Rubio, and Mr. Kaine) introduced the
following bill; which was read twice and referred to the Committee on
Foreign Relations
_______________________________________________________________________
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.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Haiti Criminal Collusion
Transparency Act of 2022''.
SEC. 2. FINDINGS.
Congress makes the following findings:
(1) According to a United Nations estimate, approximately
167 criminal gangs operated in Haiti in October 2021, exerting
territorial control over as much as two-thirds of the country.
(2) Haitian armed criminal gangs, the most prominent of
which are the G9 Family and Allies and 400 Mawozo gangs,
conduct violent crimes, including murder, rape, arms and drug
trafficking, racketeering, kidnapping, and blockades of fuel
and aid deliveries. These crimes have perpetuated the ongoing
security and humanitarian crises in Haiti, which have worsened
since the assassination of President Jovenel Moise on July 7,
2021.
(3) The United Nations Office of the High Commissioner for
Human Rights and the Human Rights Service jointly found a 333-
percent increase in human rights violations and abuses against
the rights to life and security in Haiti between July 2018 and
December 2019.
(4) At least 19,000 Haitians were forcibly displaced during
2021 due to rising criminal violence.
(5) At least 803 kidnappings were reported in Haiti during
the first 10 months of 2021, including the kidnapping of more
than 16 United States citizens, giving Haiti having the highest
per capita kidnapping rate of any country in the world.
(6) There is significant evidence of collusion between
criminal gangs and economic and political elites in Haiti,
including members of the Haitian National Police, which has
resulted in widespread impunity and directly contributed to
Haiti's current security crisis.
(7) On December 10, 2020, the Office of Foreign Assets
Control of the Department of the Treasury designated former
Haitian National Police officer Jimmy Cherizier, former
Director General of the Ministry of the Interior Fednel
Monchery, and former Departmental Delegate Joseph Pierre
Richard Duplan under the Global Magnitsky Human Rights
Accountability Act (subtitle F of title XII of Public Law 114-
328; 22 U.S.C. 2656 note) for their connections to armed
criminal gangs, including organizing the November 2018 La
Saline massacre.
SEC. 3. REPORTING REQUIREMENTS.
(a) Definitions.--In this section:
(1) Appropriate congressional committees.--The term
``appropriate congressional committees'' means--
(A) the Committee on Foreign Relations of the
Senate;
(B) the Select Committee on Intelligence of the
Senate;
(C) the Committee on Foreign Affairs of the House
of Representatives; and
(D) the Permanent Select Committee on Intelligence
of the House of Representatives.
(2) Economic elites.--The term ``economic elites'' means
board members, officers, and executives of groups, committees,
corporations, or other entities that exert substantial
influence or control over Haiti's economy, infrastructure, or
particular industries.
(3) Intelligence community.--The term ``intelligence
community'' has the meaning given such term in section 3(4) of
the National Security Act of 1947 (50 U.S.C. 3003(4)).
(4) Political and economic elites.--The term ``political
and economic elites'' means political elites and economic
elites.
(5) Political elites.--The term ``political elites'' means
current and former government officials and their high-level
staff, political party leaders, and political committee
leaders.
(b) Report Required.--Not later than 90 days after the date of the
enactment of this Act, and annually thereafter for the following 5
years, the Secretary of State, in coordination with the intelligence
community, shall submit a report to the appropriate congressional
committees regarding the ties between criminal gangs and political and
economic elites in Haiti. The report shall--
(1) identify prominent criminal gangs in Haiti, describe
their criminal activities, and identify their primary
geographic areas of operations;
(2) list Haitian political and economic elites who have
links to criminal gangs;
(3) describe in detail the relationship between the
individuals listed pursuant to paragraph (2) and the criminal
gangs identified pursuant to paragraph (1);
(4) describe in detail how Haitian political and economic
elites use their relationships with criminal gangs to advance
their political and economic interests and agenda;
(5) include an assessment of how the nature and extent of
collusion between political and economic elites and criminal
gangs threatens the Haitian people and United States national
interests and activities in the country, including the
provision of security assistance to the Haitian government; and
(6) include an assessment of potential actions that the
Government of the United States and the Government of Haiti
could take to address the findings made pursuant to paragraph
(5).
(c) Designations of Political and Economic Elites.--
(1) In general.--The Secretary of State, in coordination
with other relevant Federal agencies and departments, shall
identify persons identified pursuant to paragraphs (1) and (2)
of subsection (b) who may be subjected to visa restrictions and
sanctions under--
(A) section 7031(c) of the Department of State,
Foreign Operations, and Related Programs Appropriations
Act, 2021 (division K of Public Law 116-260; 8 U.S.C.
1182 note); or
(B) section 1263 of the Global Magnitsky Human
Rights Accountability Act (subtitle F of title XII of
division A of Public Law 114-328; 22 U.S.C. 2656 note).
(2) Imposition of sanctions.--Not later than 30 days after
the date on which the report is submitted pursuant to
subsection (b), the President shall impose, on individuals
identified pursuant to paragraph (1), the sanctions referred to
in subparagraphs (A) and (B) of such paragraph.
(3) Public availability.--The list of persons identified
pursuant to subsection (b)(2) shall be posted on a publicly
accessible website of the Department of State on the date on
which the report required under subsection (b) is submitted to
Congress.
(d) Form of Report.--The report required under subsection (b) shall
be submitted in unclassified form, but may include a classified annex.
<all>