Bill Summary
This is a bill that is being proposed to the United States Congress and is titled the "Haiti Criminal Collusion Transparency Act of 2023." The purpose of this bill is to require the Secretary of State to submit an annual report to Congress regarding the links between criminal gangs and political and economic elites in Haiti. The bill also calls for sanctions to be imposed on any political and economic elites who are found to be involved in criminal activities with these gangs. The bill includes findings and statistics about the prevalence and impact of criminal gangs in Haiti, as well as the reported collusion between these gangs and powerful individuals in the country. The bill calls for a report to be submitted within 90 days of its enactment and annually for 5 years after, outlining the ties between criminal gangs and political and economic elites, potential actions to address this issue, and consultation with Haitian diaspora communities and civil society organizations. The bill also includes provisions for the identification and potential sanctions of individuals found to be involved in criminal activities with these gangs. This bill will expire 5 years after its enactment if passed.
Possible Impacts
1) Potential sanctions placed on Haitian political and economic elites involved in criminal activities could affect their ability to travel and conduct business outside of Haiti, limiting their access to resources and opportunities.
2) The public release of a list of individuals with links to criminal gangs in Haiti could lead to increased scrutiny and ostracism within Haitian society, potentially impacting social and professional relationships.
3) The requirement for an annual report on the ties between criminal gangs and political and economic elites in Haiti could bring attention to the issue and potentially pressure the Haitian government to take action, potentially leading to changes in policies and practices that contribute to the crisis.
[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 396 Reported in Senate (RS)]
<DOC>
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. Booker,
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 Representatives of the
United States of America in Congress assembled,
<DELETED>SECTION 1. SHORT TITLE.</DELETED>
<DELETED> This Act may be cited as the ``Haiti Criminal Collusion
Transparency Act of 2023''.</DELETED>
<DELETED>SEC. 2. FINDINGS.</DELETED>
<DELETED> Congress makes the following findings:</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (4) At least 19,000 Haitians were forcibly
displaced during 2021 due to rising criminal
violence.</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (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.</DELETED>
<DELETED>SEC. 3. REPORTING REQUIREMENTS.</DELETED>
<DELETED> (a) Definitions.--In this section:</DELETED>
<DELETED> (1) Appropriate congressional committees.--The
term ``appropriate congressional committees'' means--</DELETED>
<DELETED> (A) the Committee on Foreign Relations of
the Senate;</DELETED>
<DELETED> (B) the Select Committee on Intelligence
of the Senate;</DELETED>
<DELETED> (C) the Committee on Foreign Affairs of
the House of Representatives; and</DELETED>
<DELETED> (D) the Permanent Select Committee on
Intelligence of the House of Representatives.</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (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)).</DELETED>
<DELETED> (4) Political and economic elites.--The term
``political and economic elites'' means political elites and
economic elites.</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (b) Report Required.--</DELETED>
<DELETED> (1) In general.--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--</DELETED>
<DELETED> (A) identify prominent criminal gangs in
Haiti, describe their criminal activities, and identify
their primary geographic areas of operations;</DELETED>
<DELETED> (B) list Haitian political and economic
elites who have links to criminal gangs;</DELETED>
<DELETED> (C) describe in detail the relationship
between the individuals listed pursuant to subparagraph
(B) and the criminal gangs identified pursuant to
subparagraph (A);</DELETED>
<DELETED> (D) list Haitian political and economic
elites with links to criminal activities who are
currently subjected to visa restrictions or sanctions
by the United States, its international partners, or
the United Nations, including information regarding--
</DELETED>
<DELETED> (i) the date on which each such
Haitian political or economic elite was
designated for restrictions or
sanctions;</DELETED>
<DELETED> (ii) which countries have
designated such Haitian political and economic
elites for restrictions or sanctions;
and</DELETED>
<DELETED> (iii) for Haitian political and
economic elites who were designated by the
United States, the statutory basis for such
designation;</DELETED>
<DELETED> (E) describe in detail how Haitian
political and economic elites use their relationships
with criminal gangs to advance their political and
economic interests and agenda;</DELETED>
<DELETED> (F) 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</DELETED>
<DELETED> (G) 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 subparagraph (F).</DELETED>
<DELETED> (2) Form of report.--The report required under
paragraph (1) shall be submitted in unclassified form, but may
include a classified annex.</DELETED>
<DELETED> (c) Designations of Political and Economic Elites.--
</DELETED>
<DELETED> (1) In general.--The Secretary of State, in
coordination with other relevant Federal agencies and
departments, shall identify persons identified pursuant to
subparagraphs (A) and (B) of subsection (b)(1) who may be
subjected to visa restrictions and sanctions under--</DELETED>
<DELETED> (A) section 7031(c) of the Department of
State, Foreign Operations, and Related Programs
Appropriations Act, 2022 (division K of Public Law 117-
103; 8 U.S.C. 1182 note); or</DELETED>
<DELETED> (B) section 1263 of the Global Magnitsky
Human Rights Accountability Act (22 U.S.C.
10102).</DELETED>
<DELETED> (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), to the extent applicable,
the sanctions referred to in subparagraphs (A) and (B) of such
paragraph.</DELETED>
<DELETED> (3) Waiver.--The President may waive the
requirements under paragraphs (1) and (2) with respect to a
foreign person if the President certifies and reports to the
appropriate congressional committees before such waiver is to
take effect that such waiver--</DELETED>
<DELETED> (A) would serve a vital national interest
of the United States; or</DELETED>
<DELETED> (B) is necessary for the delivery of
humanitarian assistance or other assistance that
supports basic human needs.</DELETED>
<DELETED> (4) Public availability.--The list of persons
identified pursuant to subsection (b)(1)(B) shall be posted on
a publicly accessible website of the Department of State
beginning on the date on which the report required under
subsection (b)(1) is submitted to Congress.</DELETED>
<DELETED> (d) Sunset.--This section shall cease to have effect on
the date that is 5 years after the date of the enactment of this
Act.</DELETED>
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Haiti Criminal Collusion
Transparency Act of 2023''.
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 persons and 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.--
(1) In general.--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--
(A) identify prominent criminal gangs in Haiti,
describe their criminal activities, and identify their
primary geographic areas of operations;
(B) list Haitian political and economic elites who
have links to criminal gangs;
(C) describe in detail the relationship between the
individuals listed pursuant to subparagraph (B) and the
criminal gangs identified pursuant to subparagraph (A);
(D) list Haitian political and economic elites with
links to criminal activities who are currently
subjected to visa restrictions or sanctions by the
United States, its international partners, or the
United Nations, including information regarding--
(i) the date on which each such Haitian
political or economic elite was designated for
restrictions or sanctions;
(ii) which countries have designated such
Haitian political and economic elites for
restrictions or sanctions; and
(iii) for Haitian political and economic
elites who were designated by the United
States, the statutory basis for such
designation;
(E) describe in detail how Haitian political and
economic elites use their relationships with criminal
gangs to advance their political and economic interests
and agenda;
(F) 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
(G) 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 subparagraph (F).
(2) Consultations.--In developing and implementing the
report required under paragraph (1), the Secretary of State
shall consult with Haitian diaspora communities in the United
States and civil society organizations on topics including
humanitarian assistance mechanisms for overcoming collusion
between Haitian political and economic elites.
(3) Form of report.--The report required under paragraph
(1) shall be submitted in unclassified form, but may include a
classified annex.
(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 subparagraphs (A) and
(B) of subsection (b)(1) 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, 2022 (division K of Public Law 117-103; 8 U.S.C.
1182 note);
(B) section 1263 of the Global Magnitsky Human
Rights Accountability Act (22 U.S.C. 10102); or
(C) any other provision of law.
(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), to the extent applicable,
the sanctions referred to in subparagraphs (A) and (B) of such
paragraph.
(3) Waiver.--The President may waive the requirements under
paragraphs (1) and (2) with respect to a foreign person if the
President certifies and reports to the appropriate
congressional committees before such waiver is to take effect
that such waiver--
(A) would serve a vital national interest of the
United States; or
(B) is necessary for the delivery of humanitarian
assistance or other assistance that supports basic
human needs.
(4) Public availability.--The list of persons identified
pursuant to subsection (b)(1)(B) shall be posted on a publicly
accessible website of the Department of State beginning on the
date on which the report required under subsection (b)(1) is
submitted to Congress.
(d) Sunset.--This section shall cease to have effect on the date
that is 5 years after the date of the enactment of this Act.
Calendar No. 47
118th CONGRESS
1st Session
S. 396
_______________________________________________________________________
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.
_______________________________________________________________________
May 4, 2023
Reported with an amendment