Global Magnitsky Human Rights Accountability Act Annual Report, 67460-67463 [2018-28311]

Agencies

• DEPARTMENT OF STATE

[Federal Register Volume 83, Number 248 (Friday, December 28, 2018)]
[Notices]
[Pages 67460-67463]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-28311]


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DEPARTMENT OF STATE

[Public Notice: 10636]


Global Magnitsky Human Rights Accountability Act Annual Report

ACTION: Notice.

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SUMMARY: This notice contains the text of the report required by the 
Global Magnitsky Human Rights Accountability Act, as submitted by the 
Secretary of State pursuant to Executive Order 13818.

FOR FURTHER INFORMATION CONTACT: Benjamin A. Kraut, Email: Krautb@state 
gov, Phone: (202) 647-9452.

SUPPLEMENTARY INFORMATION: On December 10, 2018, the Secretary of State 
approved the following report pursuant to Executive Order 13818 (E.O. 
13818). E.O. 13818, which builds on and implements the Global Magnitsky 
Human Rights Accountability Act (Pub. L. 114-328, Title XII, Subtitle 
F), was issued by the President on December 20, 2017, with an effective 
date of December 21, 2017. The text of the report follows:
    As required by Section 1264 of the Global Magnitsky Human Rights 
Accountability Act of 2016 (Pub. L. 114-328, Title XII, Subtitle F) 
(the ``Act''), and in accordance with E.O. 13818, issued to implement 
the Act, the Secretary of State, in consultation with the Secretary of 
the Treasury, submits this report to detail the Administration's 
implementation of the Act in 2018.
    In 2018, the United States took significant action under the Global 
Magnitsky sanctions program (Global Magnitsky). As of December 10, 
2018, the United States has designated 101 foreign persons (individuals 
and entities) under E.O. 13818. This sanctions program, which targets 
human rights abusers, corrupt actors, and their enablers, represents 
the best of the United States' values by taking impactful steps to 
protect and promote human rights and combat corruption around the 
world. Through the Act and E.O. 13818, the United States has sought to 
disrupt and deter serious human rights abuse and corruption abroad; 
promote accountability for those who act with impunity; and protect, 
promote, and enforce longstanding international norms alongside our 
partners and allies.
    As the President outlined in his National Security Strategy (NSS), 
liberty, free enterprise, equal justice under the law, and the dignity 
of every human life are values that represent who we are as a people. 
Further, the NSS states that we support with our words and actions 
those who live under oppressive regimes and seek freedom, individual 
dignity, and the rule of law. Through Global Magnitsky, the 
Administration is taking action to execute the President's vision as 
described in the NSS.
    Actions taken in 2018 demonstrated the reach, flexibility, and 
broad scope of Global Magnitsky. The United States responded to an 
evolving crisis in Nicaragua, promoted accountability for serious human 
rights abuse constituting ethnic cleansing in Burma, addressed serious 
human rights abuse and corruption in the Democratic Republic of Congo, 
the Dominican Republic, Turkey, Cambodia, and Saudi Arabia, and clearly 
demonstrated the resolve of the Administration to leverage this 
important tool, when appropriate, to target individuals and entities 
engaging in specified conduct.
    When considering financial sanctions under Global Magnitsky, the 
United States prioritizes actions that are expected to produce a 
tangible and significant impact on the sanctioned persons and their 
affiliates, so as to prompt changes in behavior or disrupt the 
activities of malign actors. Persons sanctioned pursuant to this 
authority appear on the Office of Foreign Assets Control's (OFAC) List 
of Specially Designated Nationals and Blocked Persons (SDN List). As a 
result of these actions, any property or interests in property of the 
sanctioned persons within or transiting U.S. jurisdiction is blocked. 
Additionally, U.S. persons are generally prohibited from engaging in 
transactions with blocked persons, including entities 50 percent or 
more owned by designated persons. The Secretary of the Treasury, in 
consultation with the Secretary of State and the Attorney General, 
imposed financial sanctions on the following persons pursuant to Global 
Magnitsky:

Financial Sanctions Imposed

    1. Felix Ramon Bautista Rosario: Bautista was designated on June 
12, 2018, for engaging in corrupt acts, including in relation to 
reconstruction efforts in Haiti. Bautista is a Senator

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from the Dominican Republic who has engaged in significant acts of 
corruption in both the Dominican Republic and Haiti, and who has been 
publicly accused of money laundering and embezzlement. Bautista has 
reportedly engaged in bribery in relation to his position as a Senator, 
and is alleged to have engaged in corruption in Haiti, where he used 
his connections to win public works contracts to help rebuild Haiti 
following several natural disasters, including one case where his 
company was paid over $10 million for work it had not completed. In a 
related action, OFAC designated five entities in the Dominican Republic 
that are owned or controlled by Bautista: Constructora Hadom SA, 
Soluciones Electricas Y Mecanicas Hadom S.R.L., Seymeh Ingenieria SRL, 
Inmobiliaria Rofi SA, and Constructora Rofi SA.
    2. Hing Bun Hieng: Bun Hieng was designated on June 12, 2018, for 
being the leader of an entity involved in serious human rights abuse. 
Bun Hieng is the commander of Cambodia's Prime Minister Bodyguard Unit 
(PMBU), a unit in the Royal Cambodian Armed Forces that has engaged in 
serious acts of human rights abuse against the people of Cambodia. The 
PMBU has been implicated in multiple attacks on unarmed Cambodians over 
the span of many years, including in 2013 at Wat Phnom and in 2015 in 
front of the National Assembly. In the 2015 incident, only three 
members of the PMBU were sent to jail after they confessed to 
participating in an attack on opposition lawmakers, and were promoted 
upon their release. Bun Hieng and the PMBU have been connected to 
incidents where military force was used to harass gatherings of 
protesters and the political opposition going back at least to 1997, 
including an incident where a U.S. citizen received shrapnel wounds.
    3. Dan Gertler Affiliated Entities: Dan Gertler was named in the 
Annex to E.O. 13818 in December 2017, for his role as an international 
businessman and billionaire who amassed his fortune through hundreds of 
millions of dollars' worth of opaque and corrupt mining and oil deals 
in the Democratic Republic of the Congo (DRC). The entities designated 
on June 15, 2018, for being affiliated with Dan Gertler are as follows: 
Moku Mines D'or SA, Moku Goldmines AG, Fleurette Energy I B.V., 
Fleurette Africa Resources I B.V., African Trans International Holdings 
B.V., Fleurette African Transport B.V., Oriental Iron Company SPRL, 
Iron Mountain Enterprises Limited, Sanzetta Investments Limited, 
Almerina Properties Limited, Interlog DRC, Kitoko Food Farm, Karibu 
Africa Services SA, and Ventora Development Sasu.
    4. Francisco Javier Diaz Madriz: Diaz was designated on July 5, 
2018, for being responsible for, or the leader of entities involved in, 
serious human rights abuse in Nicaragua. Diaz is a Commissioner of 
Nicaragua's National Police (NNP) and has been referred to as the de 
facto head of, and has directed the day-to-day business of, the NNP. 
Under Diaz's command, the NNP has engaged in serious human rights abuse 
against the people of Nicaragua, including extrajudicial killings. In 
June, masked gunmen accompanied by individuals identified by witnesses 
as Nicaraguan police reportedly set fire to a family home in Managua, 
killing six, including two young children. When neighbors attempted to 
help, the police allegedly shot at them, preventing the would-be 
rescuers from reaching the family. The Nicaraguan police have 
approached gang leaders in Nicaragua for support in attacking anti-
government protesters and have been accused of indiscriminately firing 
on and killing peaceful protestors.
    5. Fidel Antonio Moreno Briones: Moreno was designated on July 5, 
2018, for being responsible for, or the leader of entities involved in, 
serious human rights abuse in Nicaragua. Moreno serves as the main link 
between municipal governments and the Sandinista National Liberation 
Front (FSLN), and has also acted as a leader of the Sandinista Youth, 
the FSLN's youth organization. The Sandinista Youth has been implicated 
in numerous serious human rights abuses related to the ongoing protests 
against the Nicaraguan government, including in the beating of 
protesters in April 2018 and allegedly participating in the June attack 
that killed a family of six in Managua. Moreno was personally 
implicated in ordering attacks on protesters as far back as 2013, when 
elderly and young people who were peacefully protesting reduced 
retirement pensions, were violently dislodged from their encampment by 
members of the Sandinista Youth. In 2013, Moreno also orchestrated the 
use of motorcyclists to violently attack individuals protesting the 
flawed rollout of a Nicaraguan government program, and in early 2017 
recruited others to join a group of motorcyclists to take part in 
measures to counter anti-government marches. Moreno has been accused of 
stealing large sums of money from Managua municipal projects, as well 
as using municipal funds to pay for FSLN party activities.
    6. Jose Francisco Lopez Centeno: Lopez was designated on July 5, 
2018, for engaging in corrupt activities. Lopez is the Vice President 
of ALBANISA, the Nicaraguan company that imports and sells Venezuelan 
petroleum products, and is President of the Nicaraguan state-owned oil 
company Petronic. Lopez has had access significant funds collected by 
the government in the form of taxes and fines that he could exploit, 
including for the personal use of Nicaraguan leaders. When involved in 
infrastructure projects, Lopez would syphon funds by negotiating 
personal fees, has positioned numerous individuals throughout the 
government who have helped him steal millions of dollars on an annual 
basis, and has used his position to his and his family's benefit by 
using companies they own to win government contracts. ALBANISA is 49% 
owned by Petronic, and 51% owned by Venezuela's national oil company, 
Petroleos de Venezuela (PDVSA). Senior officials within the Nicaraguan 
government and the FSLN have used ALBANISA funds to purchase television 
and radio stations, hotels, cattle ranches, electricity generation 
plants, and pharmaceutical laboratories.
    7. Abdulhamit Gul: Gul, the Turkish Minister of Justice, was 
designated on August 1, 2018, for being the leader of an entity that 
has engaged in, or whose members have engaged in, serious human rights 
abuse.
    8. Suleyman Soylu: Soylu, the Turkish Minister of Interior, was 
designated on August 1, 2018, for being the leader of an entity that 
has engaged in, or whose members have engaged in, serious human rights 
abuse.
    9. Aung Kyaw Saw: Aug Kyaw Saw was designated on August 17, 2018, 
for having been the leader of the Bureau of Special Operations (BSO) 3, 
an entity whose members have engaged in serious human rights abuse 
during his tenure. As commander of BSO 3, Aung Kyaw Zaw controlled 
military and border guard police operations in Western, Southern, and 
Southwestern Commands from 2015 to early 2018. Operations in regions 
controlled by Western Command, were led by his subordinate Maung Maung 
Soe. The President sanctioned Soe for widespread human rights abuse on 
December 20, 2017, including military operations in Rakhine State in 
and after August 2017. Subordinates under his command played leading 
roles in a crisis in Rakhine State, which included widespread human 
rights abuses that killed thousands and drove hundreds of thousands of 
Rohingya to Bangladesh, a situation the Secretary of State concluded 
constitutes ethnic cleansing.

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    10. Khin Maung Soe: Khin Maung Soe was designated on August 17, 
2018, for having been a leader of Military Operations Command (MOC) 15, 
an entity whose members engaged in serious human rights abuse during 
his tenure. Members of MOC 15 participated in the Maung Nu massacre on 
August 27, 2017, and other abuses in Rakhine State. In Maung Nu, 
soldiers reportedly beat, sexually assaulted, and summarily executed or 
otherwise killed dozens of Rohingya villagers.
    11. Thura San Lwin: Thura San Lwin was designated on August 17, 
2018, for having been the leader of the Border Guard Police (BGP), an 
entity whose members have engaged in serious human rights abuse during 
his tenure. Thura San Lwin commanded the BGP from October 2016 to 
October 2017, during which time his subordinates engaged in widespread 
extrajudicial killings, sexual violence, assault, and other abuses of 
human rights.
    12. Khin Hlaing: Khin Hlaing was designated on August 17, 2018, for 
leading the 99th Light Infantry Division (LID), a military entity whose 
members engaged in serious human rights abuse during his tenure. The 
99th LID participated in abuses, including in November 2016, when 99th 
LID soldiers in Mong Ko, Shan State, detained ethnic Kachin and Chinese 
minority villagers. For 13 days, the villagers were forced to serve as 
human shields by lying down between rows of fences encircling the 99th 
LID element's outpost. The villagers were forced to stay lying down, 
exposed to the elements, gunfire, and grenade attacks while 99th LID 
soldiers sheltered behind them while fighting with militia forces. The 
99th LID also engaged in beatings, killings, forced disappearances, and 
other serious abuses in Shan State.
    13. The Burmese 99th LID: The 99th LID was designated on August 17, 
2018, for engaging in serious human rights abuses. The 99th LID 
participated in abuses in Mong Ko and elsewhere in Shan State detailed 
above. In 2017, the 99th LID was deployed to Rakhine State and 
participated in serious human rights abuses alongside the 33rd LID and 
other security forces. In one operation in Min Gyi Village, hundreds of 
men, women, and children were reportedly forced to the nearby river 
bank where the 99th LID opened fire, executing many of the men, and 
forced women and girls to nearby houses where they were sexually 
assaulted. A number of these women and children were later stabbed and 
beaten, with the houses set on fire while they were inside.
    14. The Burmese 33rd LID: The 33rd LID was designated on August 17, 
2018, for engaging in serious human rights abuse. The 33rd LID 
participated in abuses in Rakhine State, including the August 27, 2017, 
operation in Chut Pyin village. This operation included extrajudicial 
executions, forced disappearances, and sexual violence, as well as 
firing on fleeing villagers. Hundreds were reportedly killed in this 
one operation alone. Members of the 33rd LID, along with other security 
forces, also participated in operations in Inn Din in August and 
September of 2017. Nearly all of the thousands of Rohingya residing in 
Inn Din were driven out of the village. Ten Rohingya men and boys were 
captured, bound, and executed by security forces and militia. Two 
journalists remain detained for investigating the incident.
    15. Saud Al-Qahtani: Saud Al-Qahtani was designated on November 15, 
2018, for being responsible for, or complicit in, or having directly or 
indirectly engaged in serious human rights abuse. He is a senior 
official of the Government of Saudi Arabia who was part of the planning 
and execution of the operation that led to the killing of Jamal 
Khashoggi in the Saudi Consulate in Istanbul, Turkey on October 2, 
2018.
    16. Maher Mutreb: Maher Mutreb was designated on November 15, 2018, 
for being responsible for, or complicit in, or having directly or 
indirectly engaged in serious human rights abuse. He coordinated and 
executed the operations resulting in the killing of Jamal Khashoggi in 
the Saudi Consulate General in Istanbul, Turkey on October 2, 2018.
    17. Salah Tubaigy: Salah Tubaigy was designated on November 15, 
2018, for being responsible for, or complicit in, or having directly or 
indirectly engaged in serious human rights abuse. He played a role in 
the killing of Jamal Khashoggi on October 2, 2018.
    18. Meshal Albostani: Meshal Albostani was designated on November 
15, 2018, for being responsible for, or complicit in, or having 
directly or indirectly engaged in serious human rights abuse. He played 
a role in the killing of Jamal Khashoggi on October 2, 2018.
    19. Naif Alarifi: Naif Alarifi was designated on November 15, 2018, 
for being responsible for, or complicit in, or having directly or 
indirectly engaged in serious human rights abuse. He played a role in 
the killing of Jamal Khashoggi on October 2, 2018.
    20. Mohammed Alzahrani: Mohammed Alzahrani was designated on 
November 15, 2018, for being responsible for, or complicit in, or 
having directly or indirectly engaged in serious human rights abuse. He 
played a role in the killing of Jamal Khashoggi on October 2, 2018.
    21. Mansour Abahussain: Mansour Abahussain was designated on 
November 15, 2018, for being responsible for, or complicit in, or 
having directly or indirectly engaged in serious human rights abuse. He 
played a role in the killing of Jamal Khashoggi on October 2, 2018.
    22. Khalid Alotaibi: Khalid Alotaibi was designated on November 15, 
2018, for being responsible for, or complicit in, or having directly or 
indirectly engaged in serious human rights abuse. He played a role in 
the killing of Jamal Khashoggi on October 2, 2018.
    23. Abdulaziz Alhawsawi: Abdulaziz Alhawsawi was designated on 
November 15, 2018, for being responsible for, or complicit in, or 
having directly or indirectly engaged in serious human rights abuse. He 
played a role in the killing of Jamal Khashoggi on October 2, 2018.
    24. Waleed Alsehri: Waleed Alsehri was designated on November 15, 
2018, for being responsible for, or complicit in, or having directly or 
indirectly engaged in serious human rights abuse. He played a role in 
the killing of Jamal Khashoggi on October 2, 2018.
    25. Thaar Alharbi: Thaar Alharbi was designated on November 15, 
2018, for being responsible for, or complicit in, or having directly or 
indirectly engaged in serious human rights abuse. He played a role in 
the killing of Jamal Khashoggi on October 2, 2018.
    26. Fahad Albalawi: Fahad Albalawi was designated on November 15, 
2018, for being responsible for, or complicit in, or having directly or 
indirectly engaged in serious human rights abuse. He played a role in 
the killing of Jamal Khashoggi on October 2, 2018.
    27. Badr Alotaibi: Badr Alotaibi was designated on November 15, 
2018, for being responsible for, or complicit in, or having directly or 
indirectly engaged in serious human rights abuse. He played a role in 
the killing of Jamal Khashoggi on October 2, 2018.
    28. Mustafa Almadani: Mustafa Almadani was designated on November 
15, 2018, for being responsible for, or complicit in, or having 
directly or indirectly engaged in serious human rights abuse. He played 
a role in the killing of Jamal Khashoggi on October 2, 2018.
    29. Saif Alqahtani: Saif Alqahtani was designated on November 15, 
2018, for being responsible for, or complicit in, or having directly or 
indirectly engaged in serious human rights abuse. He played a role in 
the killing of Jamal Khashoggi on October 2, 2018.

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    30. Turki Alsehri: Turki Alsehri was designated on November 15, 
2018, for being responsible for, or complicit in, or having directly or 
indirectly engaged in serious human rights abuse. He played a role in 
the killing of Jamal Khashoggi on October 2, 2018.
    31. Mohammed Alotaibi: Mohammed Alotaibi was designated on November 
15, 2018, for being responsible for, or complicit in, or having 
directly or indirectly engaged in serious human rights abuse. Alotaibi 
played a role in the killing of Jamal Khashoggi and, in his capacity as 
Consul General, oversaw the Consulate General of Saudi Arabia in 
Istanbul where the killing occurred.

Visa Restrictions Imposed

    Although no visa restrictions were imposed under the Act during 
2018, persons designated pursuant to E.O. 13818 shall be subject to the 
visa restrictions articulated in section 2, unless an exception 
applies. Section 2 provides that the entry of persons designated under 
section 1 of the order is suspended pursuant to Presidential 
Proclamation 8693. In addition, the Department of State continues to 
take action, as appropriate, to impose visa restrictions on those 
responsible for certain human rights violations and corruption pursuant 
to other authorities, including Presidential Proclamations 7750 and 
8697, and Section 7031(c) of the FY2018 Consolidated Appropriations 
Act. In addition, section 212(a)(3)(E) of the Immigration and 
Nationality Act renders aliens ineligible for visas if a consular 
officer has reason to believe that they participated in acts of 
genocide, torture or extrajudicial killings. The Department of State 
also continues to share information on an ongoing basis about the 
operation of Presidential Proclamation 7750 and section 7031(c) with 
interested governments.

Termination of Sanctions

    The Secretary of the Treasury, in consultation with the Secretary 
of State, terminated financial sanctions on the following persons 
previously designated for serious human rights abuse:

    1. Abdulhamit Gul: On November 2, 2018, the Department of the 
Treasury terminated sanctions with respect to Abdulhamit Gul.
    2. Suleyman Soylu: On November 2, 2018, the Department of the 
Treasury terminated sanctions with respect to Suleyman Soylu.

Efforts To Encourage Governments of Other Countries To Impose Sanctions 
Similar to Those Authorized by the Act

    In 2018, the Administration undertook an expansive outreach 
campaign in Europe, Canada, and the United Kingdom to lay the 
groundwork for a multilateral, trans-Atlantic human rights sanctions 
regime. After consulting closely with Canada, the United Kingdom, 
France, Germany, Spain, The Netherlands, Belgium, Estonia, Lithuania, 
and the European Union, the Administration has identified champions, 
partners, and potential spoilers of the objectives established by 
Congress within the Act. Subsequent to our outreach, the Foreign 
Ministers of Canada and the Netherlands, and the Prime Minister of the 
United Kingdom each publicly endorsed the establishment of a human 
rights sanctions program at the European Union. The United States joins 
our Canadian, Dutch, and British partners in calling for such a 
program, and continues to provide both public and private support for 
this initiative. The Departments of State and Treasury have, over the 
last year, shared information, coordinated messaging, and provided 
technical assistance to this end.

    Dated: December 19, 2018.
David Hale,
Under Secretary for Political Affairs, Department of State.
[FR Doc. 2018-28311 Filed 12-27-18; 8:45 am]
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