Global Magnitsky Human Rights Accountability Act Annual Report, 174-178 [2020-29015]

Agencies

• DEPARTMENT OF STATE

[Federal Register Volume 86, Number 1 (Monday, January 4, 2021)]
[Notices]
[Pages 174-178]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-29015]


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DEPARTMENT OF STATE

[Public Notice: 11279]


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.

FOR FURTHER INFORMATION CONTACT: Bob Viglietta, Email: 
[email protected], Phone: (202) 647-8836.

SUPPLEMENTARY INFORMATION: On December 10, 2020, the Secretary of State 
approved the following report pursuant to the Global Magnitsky

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Human Rights Accountability Act (Pub. L. 114-328, Title XII, Subtitle 
F) (``the Act''), which is implemented and built upon by Executive 
Order 13818 of December 20, 2017, ``Executive Order Blocking the 
Property of Persons Involved in Serious Human Rights Abuse or 
Corruption'' (E.O. 13818). The text of the report follows:
    Pursuant to Section 1264 of the Act, and in accordance with E.O. 
13818, 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 2020.
    In 2020, the United States took significant action under the Global 
Magnitsky sanctions program (``Global Magnitsky''). As of December 10, 
2020, the United States has designated 243 foreign persons (individuals 
and entities) pursuant to E.O. 13818. This sanctions program, which 
targets serious 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 we support with our words and actions those who 
live under oppressive regimes and seek freedom, individual dignity, and 
the rule of law. The NSS outlines a commitment to combat global 
corruption that facilitates transnational crime and terrorism and 
undermines economic growth. Through Global Magnitsky, the 
Administration is taking action to execute the President's vision as 
described in the NSS.
    Actions taken in 2020 continue to demonstrate the reach, 
flexibility, and broad scope of the Global Magnitsky authorities. The 
United States responded to serious human rights abuses and corruption 
globally, addressing some of the most egregious behavior this tool can 
attempt to disrupt and deter. These actions targeted, among other 
things, serious human rights abusers affecting millions of members of 
Muslim minority groups in northwest China's Xinjiang province; corrupt 
actors in South Sudan involved in draining the country of critical 
resources; and Ugandan officials engaged in an adoption scam that 
victimized Ugandan-born children. These designations clearly 
demonstrate the resolve of the Administration to leverage this 
important tool, when appropriate, to target individuals and entities 
engaging in specified conduct.
    When considering economic 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 and 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, all property and interests in property of the sanctioned 
persons that are in the United States or in the possession or control 
of U.S. persons, are blocked and must be reported to OFAC. Unless 
authorized by a general or specific license issued by OFAC or otherwise 
exempt, OFAC's regulations generally prohibit all transactions by U.S. 
persons or within (or transiting) the United States that involve any 
property or interests in property of designated or otherwise blocked 
persons. The prohibitions include the making of any contribution or 
provision of funds, goods, or services by, to, or for the benefit of 
any blocked person or the receipt of any contribution or provision of 
funds, goods or services from any such person.
    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 E.O. 13818:
    1. Taban Deng Gai: Deng Gai was designated on January 8, 2020, for 
his link to serious human rights abuse, including disappearances and 
killings. As First Vice President of South Sudan, Deng reportedly 
arranged and directed the disappearance and deaths of human rights 
lawyer Samuel Dong Luak and Sudan People's Liberation Movement--In 
Opposition (SPLM-IO) member Aggrey Idry. Deng directed these actions in 
order to solidify his position within President Kiir's government and 
to intimidate members of the SPLM-IO.
    2. Xinjiang Public Security Bureau (XPSB): The XPSB was designated 
on July 9, 2020 for its involvement in serious human rights abuse, 
which reportedly includes mass arbitrary detention and severe physical 
abuse, among other serious abuses targeting Uyghurs, a Turkic Muslim 
population indigenous to Xinjiang, and members of other religious and 
ethnic minority groups in the region. The XPSB, through the Integrated 
Joint Operations Platform (IJOP), uses digital surveillance systems to 
track Uyghurs' movements and activities, to include surveilling who 
they interact with and what they read. In turn, IJOP uses this data to 
determine which persons could be potential threats; according to 
reports, some of these individuals are subsequently detained and sent 
to detention camps, being held indefinitely without charges or trial.
    3. Chen Quanguo: Chen was designated on July 9, 2020 for his 
connection to serious human rights abuse against members of religious 
and ethnic minority groups in Xinjiang. Chen is the Party Secretary of 
the Xinjiang Uyghur Autonomous Region, a position he was appointed to 
in 2016, following Chen's notorious history of intensifying security 
operations in the Tibetan Autonomous Region to tighten control over the 
Tibetan ethnic minorities.
    4. Huo Liujun: Huo was designated on July 9, 2020 for his 
connection to serious human rights abuse against members of religious 
and ethnic minority groups in Xinjiang. Huo was the former Party 
Secretary of the XPSB from at least March 2017 to 2018.
    5. Wang Mingshan: Wang was designated on July 9, 2020 for his 
connection to serious human rights abuse against members of religious 
and ethnic minority groups in Xinjiang. Wang has been the leader of the 
XPSB since at least May 2018.
    6. Zhu Hailun: Zhu was designated on July 9, 2020 for his 
connection to serious human rights abuse against members of religious 
and ethnic minority groups in Xinjiang. Zhu, former Deputy Party 
Secretary of the Xinjiang Uyghur Autonomous Region (XUAR), held several 
positions in the Chinese Communist Party, prior to holding the position 
of Party Secretary of the Xinjiang Political and Legal Committee (XPLC) 
from 2016 to 2019. In this role, Zhu was responsible for maintaining 
internal security and law enforcement in the XUAR; while Zhu left this 
role in 2019, he still currently serves as the Deputy Secretary of 
Xinjiang's People's Congress, a regional legislative body.
    7. Xinjiang Production and Construction Corps (XPCC): The XPCC was 
designated on July 31, 2020 for its connection to serious human rights 
abuse against members of religious and ethnic minority groups in 
Xinjiang. The XPCC is a paramilitary organization in the XUAR that is 
subordinate to the Chinese Communist Party. The XPCC enhances internal 
control over the

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region by advancing China's vision of economic development in the XUAR 
that emphasizes subordination to central planning and resource 
extraction. Chen Quanguo is the First Political Commissar of the XPCC, 
a role in which he has exercised control over the entity.
    8. Sun Jinlong: Sun was designated on July 31, 2020 in connection 
with serious human rights abuse against members of religious and ethnic 
minority groups in Xinjiang. Sun is the former Party Secretary of the 
XPCC.
    9. Peng Jiarui: Peng was designated on July 31, 2020 in connection 
with serious human rights abuse against members of religious and ethnic 
minority groups in Xinjiang. Peng is the Deputy Party Secretary and 
Commander of the XPCC.
    10. Moses Mukiibi: Mukiibi was designated on August 17, 2020 for 
his involvement in corruption in Uganda. Mukiibi, a Ugandan judge, 
participated in a scheme whereby, in certain instances, young children 
were removed from Ugandan families under promises for ``special 
education'' programs and study in the United States, and were 
subsequently offered to U.S. families for adoption. Members of this 
scheme facilitated multiple bribes to Ugandan judge Mukiibi, and other 
Ugandan government officials, either directly or through an 
interlocutor.
    11. Wilson Musalu Musene: Musene was designated on August 17, 2020 
for his involvement in corruption in Uganda. Musene, a Ugandan judge, 
participated in a scheme whereby, in certain instances, young children 
were removed from Ugandan families under promises for ``special 
education'' programs and study in the United States, and were 
subsequently offered to U.S. families for adoption. Members of this 
scheme negotiated with Musene a flat fee for processing adoption cases. 
In at least one case, a member of the scheme met directly with Musene 
to arrange an additional amount of money required for Musene to 
expedite the date of a pending adoption case on Musene's court 
calendar.
    12. Dorah Mirembe: Mirembe was designated on August 17, 2020 for 
her role in providing support to corruption. Mirembe, a Ugandan lawyer, 
participated in a scheme whereby, in certain instances, young children 
were removed from Ugandan families under promises for ``special 
education'' programs and study in the United States, and were 
subsequently offered to U.S. families for adoption. The adoption agency 
organizing the scheme used Mirembe's law firm to handle the legal 
aspects of the adoptions, in some cases through the manipulation or 
falsification of court documents.
    13. Patrick Ecobu: Ecobu was designated on August 17, 2020 for his 
role in providing support to corruption. Ecobu, the husband of Mirembe, 
participated in a scheme whereby, in certain instances, young children 
were removed from Ugandan families under promises for ``special 
education'' programs and study in the United States, and were 
subsequently offered to U.S. families for adoption. In order to arrange 
the adoption of the children, Ecobu assisted Mirembe in facilitating 
multiple bribes to Ugandan judges Mukiibi, Musene, and other Ugandan 
government officials, either directly or through an interlocutor.
    14. Union Development Group (UDG): UDG was designated on September 
15, 2020 for its involvement in corruption in Cambodia. UDG is a PRC 
state-owned entity acting for or on behalf of a PRC official that, on 
May 9, 2008, was granted a 99-year lease with the Cambodian government 
for 36,000 hectares (approximately 90,000 acres) of land in the Koh 
Kong province of Cambodia. Following the approved lease, UDG began to 
develop the $3.8 billion Dara Sakor project, ostensibly to be used as a 
tourism development. UDG, through Kun Kim, a senior Cambodian general 
previously designated under E.O. 13818, used Cambodian military forces 
to intimidate local villagers and to clear out land necessary for UDG 
to build the Dara Sakor project. Kim was instrumental in the UDG 
development and reaped significant financial benefit from his 
relationships with UDG.
    15. Nabah Ltd: Nabah was designated on September 15, 2020 for its 
role in providing support to Ashraf Seed Ahmed Al-Cardinal, who was 
previously designated on October 11, 2019, for his involvement in 
bribery, kickbacks and procurement fraud with senior government 
officials. Nabah is owned or controlled by Al-Cardinal. Al-Cardinal 
himself was part of a sanctions evasion scheme in which a senior South 
Sudanese official used a bank account in the name of one of Al-
Cardinal's companies to store his personal funds in an attempt to avoid 
the effects of U.S. sanctions.
    16. Zineb Souma Yahya Jammeh: Zineb was designated on September 15, 
2020 for her role in providing support to Yahya Jammeh, the former 
President of The Gambia who was sanctioned on December 21, 2017 for his 
long history of engaging in human rights abuses and corruption. Zineb 
is the former First Lady of The Gambia and the current wife of Jammeh. 
Zineb has reportedly been instrumental in aiding and abetting Jammeh's 
economic crimes against The Gambia. She is also believed to be in 
charge of most of Jammeh's assets around the world, and utilized a 
charitable foundation as cover to facilitate the illicit transfer of 
funds to her husband.
    17. Gibran Bassil: Bassil was designated on November 6, 2020 for 
his involvement in corruption in Lebanon. Bassil has held several high-
level posts in the Lebanese government, including serving as the 
Minister of Telecommunications, the Minister of Energy and Water, and 
the Minister of Foreign Affairs and Emigrants, and Bassil has been 
marked by significant allegations of corruption. In 2017, Bassil 
strengthened his political base by appointing friends to positions and 
purchasing other forms of influence within Lebanese political circles. 
In 2014, while Minister of Energy, Bassil was involved in approving 
several projects that would have steered Lebanese government funds to 
individuals close to him through a group of front companies.
    18. Mohamed al-Kani: Al-Kani was designated on November 25, 2020 
for being the leader of the Kaniyat Militia in Libya, which over 
several years gained control over the city of Tarhouna, Libya, while 
detaining, torturing, and murdering civilians. In April 2019, the 
Kaniyat militia changed allegiances from Libya's recognized Government 
of National Accord (GNA), to the self-styled Libyan National Army 
(LNA), providing the LNA a foothold near Tripoli during its offensive 
against the Libyan capital. In June 2020, following a de facto truce, 
GNA-aligned forces re-entered Tarhouna and discovered at least 11 mass 
graves containing the bodies of civilians previously detained by the 
Kaniyat militia, including women, children, and elderly. Some of the 
deceased appeared to have been tortured, burned, or buried alive. The 
Kaniyat militia is also responsible for hundreds of summary executions 
at Tarhouna prison, numerous forced disappearances, and the 
displacement of entire families from Tarhouna. OFAC also designated the 
Kaniyat Militia for being responsible for or complicit in, or for 
having directly or indirectly engaged in, serious human rights abuse.
    19. Harry Varney Gboto-Nambi Sherman: Sherman was designated on 
December 9, 2020 for his involvement in corruption in Liberia. A 
prominent lawyer, Liberian senator, and Chair of the Liberian Senate 
Judiciary Committee, Sherman was indicted in 2016 by the Liberian 
government, along

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with several other government officials, for his involvement in a 
bribery scheme. Sherman offered bribes to multiple judges associated 
with his trial, has routinely paid judges to decide cases in his favor, 
and has allegedly facilitated payments to Liberian politicians to 
support impeachment of a judge who has ruled against him. Sherman's 
acts of bribery demonstrate a larger pattern of behavior to exercise 
influence over the Liberian judiciary and the Ministry of Justice.
    20. Raimbek Matraimov: Matraimov was designated on December 9, 2020 
for his involvement in corruption in the Kyrgyz Republic. A former 
deputy of the Kyrgyz Customs Service, Matraimov was involved in a 
customs scheme in which at least USD 700 million was laundered from the 
Kyrgyz Republic. The scheme involved a company and their evasion of 
customs fees. Matraimov used his position to ensure that the company's 
goods would be able to seamlessly pass through the borders of the 
Kyrgyz Republic and was in charge of collecting and distributing bribes 
that came from this company, among other things. Matraimov, utilizing 
his former position as deputy of the Kyrgyz Customs Service, made 
hundreds of millions of dollars as a result of his involvement in the 
customs scheme.
    21. Wan Kuok Koi: Koi was designated on December 9, 2020 for his 
involvement in corruption in Southeast Asia. Koi is a member of the 
Communist Party of China's (CCP) Chinese People's Political 
Consultative Conference, and is a leader of the 14K Triad, one of the 
largest Chinese organized criminal organizations in the world that 
engages in drug trafficking, illegal gambling, racketeering, human 
trafficking, and a range of other criminal activities. In addition to 
bribery, corruption and graft, the 14K Triad has engaged in similar 
illicit activities in Palau. OFAC also designated three entities that 
are owned or controlled by Koi.
    22. Jimmy Cherizier: Cherizier was designated on December 10, 2020 
for his involvement in serious human rights abuse in Haiti. While 
serving as an officer in the Haitian National Police (HNP), Cherizier 
planned and participated in the November 2018 deadly attack against 
civilians in a Port-au-Prince neighborhood known as La Saline. During 
this attack, at least 71 people were killed, over 400 houses were 
destroyed, and at least seven women were raped by armed gangs. 
Throughout 2018 and 2019, Cherizier led armed groups in coordinated, 
brutal attacks in Port-au-Prince neighborhoods. Most recently, in May 
2020, Cherizier led armed gangs in a five-day attack in multiple Port-
au-Prince neighborhoods in which civilians were killed and houses were 
set on fire. Cherizier is now one of Haiti's most influential gang 
leaders and leads an alliance of nine Haitian gangs known as the ``G9 
alliance.''
    23. Fednel Monchery: Monchery was designated on December 10, 2020 
for his involvement in serious human rights abuse in Haiti. Monchery 
was the Director General of the Ministry of the Interior and Local 
Authorities and, while serving in this role, participated in the 
planning of La Saline. Monchery supplied weapons and state vehicles to 
members of armed gangs who perpetrated the attack. Monchery also 
attended a meeting during which La Saline was planned and where weapons 
were distributed to the perpetrators of the attack.
    24. Joseph Pierre Richard Duplan: Duplan was designated on December 
10, 2020 for his involvement in serious human rights abuse in Haiti. 
Duplan, who was Haitian President Jovenal Mo[iuml]se's Departmental 
Delegate at the time of La Saline, is accused of being the 
``intellectual architect'' and was seen discussing the attack with 
armed gang members in the La Saline neighborhood during the violence. 
Duplan provided firearms and HNP uniforms to armed gang members who 
participated in the killings.
    25. Sultan Zabin: Zabin was designated on December 10, 2020 for his 
involvement in serious human rights abuse in Yemen. As the current 
Director of the Sana'a-based Criminal Investigation Department (CID), 
Zabin and his CID officers have arrested, detained, and tortured women 
under the pretense of a policy designed to curb prostitution and 
organized crime. In reality, this policy was used to target politically 
active women who opposed the Houthis, and resulted in numerous reported 
cases of illegal arrest, arbitrary detention, enforced disappearance, 
sexual violence, rape, torture, and other cruel treatment utilized by 
the Sana'a CID against these women.
    26. Abdul-Hakim Al-Khaiwani: Khaiwani was designated on December 
10, 2020 for his involvement in serious human rights abuse in Yemen. As 
a Houthi member and Deputy Minister of the Interior, Khaiwani was 
responsible for many detention facilities and security forces, 
including the Sana'a CID. The illegal arrest, detention, and torture of 
women conducted by the CID was done so under the ultimate authority of 
the Ministry of Interior. Khaiwani currently serves as the Director of 
the Security and Intelligence Service, Yemen's new security and 
intelligence agency.
    27. Abdul Rahab Jarfan: Jarfan was designated on December 10, 2020 
for his involvement in serious human rights abuse in Yemen. Jarfan is a 
Houthi member and the former Head of Yemen's National Security Bureau 
(NSB). Under Jarfan, the NSB systematically engaged in torture and 
abusive detention of Yemeni citizens.
    28. Motlaq Amer al-Marrani: Al-Marrani was designated on December 
10, 2020 for his involvement in serious human rights abuse in Yemen. 
During his tenure as a leader or official of the NSB, Marrani oversaw 
detainees of the NSB, who were reportedly subjected to torture and 
other mistreatment by members of the NSB while detained. In addition, 
Marrani played a significant role in the arrest, detention, and ill 
treatment of humanitarian workers and other authorities working on 
humanitarian assistance and was also found to have abused his authority 
and influence over humanitarian access as leverage to generate personal 
profit.
    29. Qader al-Shami: Shami was designated on December 10, 2020 for 
his involvement in serious human rights abuse in Yemen. Shami is the 
former director of Yemen's Political Security Organization (PSO). Since 
late 2014, the PSO has been responsible for the regular practice of 
illegal detention and torture of prisoners, including children. PSO 
officials were found to have been keeping detainees in undisclosed 
locations, subjecting them to torture, and not allowing them to 
communicate with their families, depriving them of their fundamental 
liberties. Al-Shami currently serves as the Deputy Director of the 
Security and Intelligence Bureau, a role he has occupied since the 
organization's inception in September 2019.
    30. Ramzan Kadyrov: Kadyrov was designated on December 10, 2020 for 
his involvement in serious human rights abuse in Russia. Kadyrov is the 
Head of the Chechen Republic and the leader of an organization, the 
Kadyrovtsy, that has engaged in, or whose members have engaged in, 
serious human rights abuses. Kadyrov and the forces he commands, 
commonly known as the Kadyrovtsy, are implicated in the murder of Boris 
Nemtsov, an opposition politician to Russian President Vladimir Putin, 
and other serious violations of human rights. In addition to Kadyrov, 
OFAC is designating six companies registered in Russia that continue to 
provide Kadyrov pride and significant profit.
    31. Vakhit Usmayev: Usmayev was designated on December 10, 2020 for 
his

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involvement in serious human rights abuse in Russia. Usmayev, the 
Deputy Prime Minister of Chechnya, has acted or purported to act for or 
on behalf of, directly or indirectly, Kadyrov.
    32. Timur Dugazaev: Dugazaev was designated on December 10, 2020 
for his involvement in serious human rights abuse in Russia. A 
representative of Kadyrov in Europe, Dugazaev has acted or purported to 
act for or on behalf of, directly or indirectly, Kadyrov.
    33. Ziyad Sabsabi: Sabsabi was designated on December 10, 2020 for 
his involvement in serious human rights abuse in Russia. A 
representative of Kadyrov, Sabsabi has acted or purported to act for or 
on behalf of, directly or indirectly, Kadyrov.
    34. Daniil Vasilievich Martynov: Martynov was designated on 
December 10, 2020 for his involvement in serious human rights abuse in 
Russia. A personal security advisor for Kadyrov, Martynov has acted or 
purported to act for or on behalf of, directly or indirectly, Kadyrov.
    35. Satish Seemar: Seemar was designated on December 10, 2020 for 
his involvement in serious human rights abuse in Russia. A horse 
trainer for Kadyrov, Seemar has materially assisted, sponsored, or 
provided financial, material, or technological support for, or goods 
and services to or in support of, Kadyrov.

Visa Restrictions Imposed

    Although no visa restrictions were imposed under the Act during 
2020, 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 2020, the State Department also applied, when 
appropriate, visa restrictions on foreign persons involved in 
significant corruption or gross violation of human rights under other 
authorities, reported to Congress through other means. As appropriate, 
the Department of State will take additional action to impose visa 
restrictions on those responsible for certain human rights violations 
and significant corruption pursuant to other authorities, including 
Presidential Proclamations 7750 and 8697, and Section 7031(c) of the 
FY2020 Department of State, Foreign Operations, and Related Programs, 
as carried forward by the FY2021 Continuing Appropriations Act, 2021. 
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.

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

    In 2020, the Administration continued its successful outreach 
campaign to international partners regarding the expansion of domestic 
and multilateral anticorruption and human rights sanctions regimes. 
Following support by the Departments of State and the Treasury over the 
course of 2018-2019 to deliver expertise on the underpinnings of the 
Global Magnitsky sanctions program, the United Kingdom established a 
Global Human Rights (GHR) sanctions regime pursuant to its Sanctions 
and Anti-Money Laundering Act 2018 on July 6, 2020. In February 2020, 
the Departments of State and the Treasury formed a technical delegation 
to brief Australian partners at the invitation of Parliament, which 
initiated an inquiry into whether Australia should adopt a human 
rights-based sanctions regime. The Administration also welcomed the 
European Union's adoption of its global human rights sanctions 
framework on December 7, 2020. Over the last year, the Administration 
has worked closely with the Canadian and British governments in 
pursuing coordinated actions against human rights abusers and corrupt 
actors. Throughout this and future outreach, the Administration has 
identified champions, partners, and potential spoilers of the 
objectives established by Congress within the Act. The Departments of 
State and the Treasury have, over the last year, shared information, 
coordinated messaging, and provided technical assistance to this end. 
The Administration will continue to seek out additional allies and 
partners to jointly leverage all tools at our disposal to deny access 
to the U.S. and international financial systems to all those who engage 
in serious human rights abuses and corruption.

    Dated: December 23, 2020.
David Hale,
Under Secretary for Political Affairs, Department of State.
[FR Doc. 2020-29015 Filed 12-31-20; 8:45 am]
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