Promoting Accountability for Conflict-Related Sexual Violence, 74485-74487 [2022-26604]

Agencies

• Executive Office of the President

[Federal Register Volume 87, Number 233 (Tuesday, December 6, 2022)]
[Presidential Documents]
[Pages 74485-74487]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-26604]




                        Presidential Documents 



Federal Register / Vol. 87, No. 233 / Tuesday, December 6, 2022 / 
Presidential Documents

___________________________________________________________________

Title 3--
The President

[[Page 74485]]

                Memorandum of November 28, 2022

                
Promoting Accountability for Conflict-Related 
                Sexual Violence

                Memorandum for the Heads of Executive Departments and 
                Agencies

                By the authority vested in me as President by the 
                Constitution and the laws of the United States of 
                America, and in order to enhance United States policy 
                and approach to prevent and respond to conflict-related 
                sexual violence worldwide, it is hereby ordered as 
                follows:

                Section 1. Policy. Conflict-related sexual violence 
                (CRSV) has devastating effects on individuals and 
                communities, undermines peace and security, and 
                prevents inclusive and sustainable development. Yet 
                wherever conflicts or crises occur, sexual violence 
                continues to be wielded as a tool or is a byproduct of 
                armed conflict. Impunity for CRSV remains widespread, 
                with accountability and justice the rare exception. For 
                each rape reported in connection with a conflict, the 
                United Nations estimates that 10 to 20 cases go 
                undocumented, in part due to the impunity of 
                perpetrators. Among the best ways to prevent CRSV 
                worldwide are to advance global gender equity and 
                equality and change harmful societal gender norms; 
                prioritize prevention measures and locally-driven 
                responses to all forms of gender-based violence, 
                including through respect for human rights and 
                international humanitarian law and equal protection 
                under the law; and address impunity related to these 
                brutal, yet often unreported, acts.

                The United States does not accept CRSV as an inevitable 
                cost of armed conflict and is committed to supporting 
                survivors of this scourge by invoking all tools 
                available, including legal, policy, diplomatic, and 
                financial tools, to deter such violence, break the 
                vicious cycle of impunity, and provide the necessary 
                services to survivors. The United States has numerous 
                frameworks, including laws and policies, through which 
                to respond to and address CRSV, but more action is 
                required to use them fully and in a manner that 
                responds to the full scale of this problem. These 
                efforts to address impunity and increase accountability 
                for CRSV will complement a broader, holistic approach 
                to preventing and responding to this scourge, which 
                includes advancing gender equity and equality; 
                prioritizing the immediate needs of survivors; and 
                amplifying survivor voices in transitional justice, the 
                provision of services, and peace and political 
                processes.

                It is the policy of the United States to fully exercise 
                existing authorities to impose economic sanctions and 
                implement visa restrictions in order to promote justice 
                and accountability for acts of CRSV; devote the 
                necessary resources to ensure regular coordination and 
                reporting on CRSV incidents and to conduct training on 
                CRSV issues more broadly, including to support the 
                designation of sanctions targets; strengthen the 
                implementation of other existing tools and authorities 
                to promote accountability for CRSV, including the 
                provision of United States security assistance; and 
                broaden engagement with foreign partner governments to 
                encourage the establishment and use of their own tools 
                to promote justice and accountability.

                Sec. 2. Advancing Accountability for Acts of CRSV 
                through Existing Sanctions Authorities. (a) Executive 
                Order 13818 of December 20, 2017 (Blocking the Property 
                of Persons Involved in Serious Human Rights Abuse or 
                Corruption), builds on and implements the Global 
                Magnitsky Human Rights Accountability Act, Public Law 
                114-328 (the ``Act''), and authorizes the imposition

[[Page 74486]]

                of sanctions on persons, including both individuals and 
                entities, responsible for or complicit in, or who have 
                directly or indirectly engaged in, serious human rights 
                abuse, as well as individuals who are or have been 
                leaders or officials of an entity, including any 
                government entity, that has engaged in, or which has 
                members who have engaged in, serious human rights 
                abuses relating to their tenure, among other things. It 
                is the policy of the United States that an act of CRSV, 
                committed by either state or non-state actors, may 
                constitute a ``serious human rights abuse'' for 
                purposes of designation under Executive Order 13818, as 
                well as other similar authorities, and in furtherance 
                of the policy reflected in the Act.

                    (b) In addition to the authorities described in 
                subsection (a) of this section, many country-specific 
                sanctions programs also contain criteria for the 
                imposition of sanctions on persons engaged in or 
                otherwise connected to activities that may include 
                CRSV. For example, numerous sanctions programs, 
                including country-specific programs related to Belarus, 
                Burma, the Central African Republic, the Democratic 
                Republic of the Congo, Iran, Libya, Mali, Nicaragua, 
                Somalia, North Korea, the Russian Federation, South 
                Sudan, Syria, Venezuela, the Western Balkans, and 
                Zimbabwe, include criteria for targeting certain abuses 
                or violations of human rights, which may include CRSV 
                depending on specific facts and circumstances. It is 
                the policy of the United States to promote 
                accountability for perpetrators of acts of CRSV through 
                relevant existing sanctions authorities, where 
                applicable, and to ensure that these authorities are 
                used to the fullest extent possible to target 
                perpetrators of acts of CRSV and their enablers.
                    (c) I hereby direct the Secretary of State, the 
                Secretary of the Treasury, the Attorney General, and 
                the Director of National Intelligence to undertake the 
                following actions, including by issuing guidance or 
                regulations as appropriate:

(i) ensure equal consideration of and attention to acts of CRSV as the 
conduct supporting designation when identifying appropriate targets and 
compiling information necessary for the preparation of sanctions packages 
under applicable authorities, including those identified in this section; 
and

(ii) strengthen the capacity of executive departments and agencies 
(agencies) to collect, identify, assess, and share information on CRSV as 
appropriate, including by consulting with local civil society 
organizations, taking into account the importance of safely gathering 
information from survivors to support potential designations under existing 
sanctions authorities.

                Sec. 3. Advancing Accountability for Acts of CRSV 
                Through Additional Measures and Authorities. The United 
                States is committed to using all available tools, 
                including those pertaining to security assistance and 
                visa eligibility, to prevent and respond to CRSV and 
                promote accountability for perpetrators. Heads of 
                agencies, including the Secretary of State and the 
                Secretary of the Treasury, are directed to use existing 
                authorities to the fullest extent possible to promote 
                accountability for acts of CRSV, including considering 
                acts of CRSV when assessing the potential application 
                of existing laws and regulations, including, where 
                appropriate, the laws known as the ``Leahy Laws'' (22 
                U.S.C. 2378d and 10 U.S.C. 362) and sections 7031(c) 
                and 7048(g) of the Department of State, Foreign 
                Operations, and Related Programs Appropriations Act, 
                2022 (Div. K, Public Law 117-103, as carried forward by 
                the Continuing Appropriations Act, 2023 (Div. A, Public 
                Law 117-180)), as well as similar provisions in future 
                acts.

                Sec. 4. Building Coalitions of Like-Minded Nations and 
                Engaging International Organizations in Promoting 
                Accountability for Acts of CRSV. Bilateral 
                relationships with allies and partners, as well as 
                engagement in multilateral fora and our relationships 
                with international organizations, are critical to 
                promote justice and accountability for acts of CRSV and 
                bring global attention to this issue. Agencies engaged 
                abroad shall reinforce the work they have done and 
                amplify efforts with other nations--bilaterally and 
                within multilateral fora--and with international 
                organizations to broaden the number

[[Page 74487]]

                of countries willing to support accountability for acts 
                of CRSV and to strengthen policies and locally-driven 
                programming in multilateral institutions, including 
                efforts to address the immediate and long-term needs of 
                survivors, to promote accountability and justice for 
                acts of CRSV.

                Sec. 5. Definition. For the purposes of this 
                memorandum, the term ``conflict-related sexual 
                violence'' (CRSV) refers to incidents or patterns of 
                sexual violence that occur in conflict or post-conflict 
                situations with a direct or indirect link to conflict. 
                CRSV may include rape, sexual slavery, sex trafficking, 
                forced pregnancy, forced sterilization, and any other 
                form of sexual violence of comparable gravity, against 
                individuals of all gender identities. Depending on the 
                circumstances, acts of CRSV can constitute war crimes, 
                crimes against humanity, or acts of genocide, and 
                therefore may constitute crimes that are punishable 
                under international law.

                Sec. 6. General Provisions. (a) Nothing in this 
                memorandum shall be construed to impair or otherwise 
                affect:

(i) the authority granted by law to an executive department or agency, or 
the head thereof; or

(ii) the functions of the Director of the Office of Management and Budget 
relating to budgetary, administrative, or legislative proposals.

                    (b) This memorandum shall be implemented consistent 
                with applicable law and subject to the availability of 
                appropriations.
                    (c) This memorandum is not intended to, and does 
                not, create any right or benefit, substantive or 
                procedural, enforceable at law or in equity by any 
                party against the United States, its departments, 
                agencies, or entities, its officers, employees, or 
                agents, or any other person.
                    (d) The Secretary of State is authorized and 
                directed to publish this memorandum in the Federal 
                Register.
                
                
                    (Presidential Sig.)

                THE WHITE HOUSE,

                    Washington, November 28, 2022

[FR Doc. 2022-26604
Filed 12-5-22; 8:45 am]
Billing code 4710-10-P