,,ii #aaeth ,,congress #b;d ,session ,s4 #cbcc ,,in ,,the ,,senate ,,of ,,the ,,united ,,states ,july #ah1 #bjah,mr4 ,menendez 7for himself1 ,mr4 ,cruz1 ,mr4 ,nelson1 ,mr4 ,rubio1 ,mr4 ,durbin1 ,mr4 ,perdue1 ,mr4 ,leahy1 ,mr4 ,kaine1 ,mr4 ,cardin1 ,mr4 ,cotton1 and ,mr4 ,cornyn7 introduced the following bill2 which was read twice and referred to the ,committee on ,foreign ,relations ,a ,,bill ,to impose sanctions with respect to persons responsible for violence and human rights abuses in ,nicaragua1 and for other purposes4 #a4 ,short title2 table of contents 7a7 ,short title ,this ,act may be cited as the ,nicaragua ,human ,rights and ,anticorruption ,act of #bjah4 7b7 ,table of contents ,the table of contents for this ,act is as follows3 ,sec4 #a4 ,short title2 table of contents4 ,sec4 #b4 ,findings4 ,sec4 #c4 ,sense of ,congress on advancing a negotiated solution to ,nicaragua's crisis4 ,sec4 #d4 ,imposition of sanctions with respect to persons responsible for human rights violations and corruption in ,nicaragua4 ,sec4 #e4 ,certification and waiver4 ,sec4 #f4 ,report on human rights violations and corruption in ,nicaragua4 ,sec4 #g4 ,definitions4 #b4 ,findings ,congress makes the following findings3 7#a7 ,on ,april #ai1 #bjah1 protests began in ,managua1 ,nicaragua1 as a result of changes made to the social security system by the ,government of ,nicaragua that would have raised workers' contributions and cut retirees' pensions4 7#b7 ,the ,government of ,nicaragua has responded to antigovernment protests with excessive force and killings perpetrated by its public security forces and1 as of ,july #ag1 #bjah1 more than #bgc people have been killed in the context of those protests1 according to the ,inter-,american ,commission on ,human ,rights of the ,organization of ,american ,states4 7#c7 ,on ,may #ba1 #bjah1 the ,inter-,american ,commission on ,human ,rights issued a statement that described the excessive use of force by ,nicaraguan security forces and armed irregular groups that resulted in dozens of persons killed and hundreds wounded2 illegal and arbitrary detentions2 practices of torture1 cruel1 inhuman and degrading treatment2 censorship and attacks on the press2 and other forms of intimidation4 7#d7 ,on ,may #bi1 #bjah1 ,amnesty ,international released a report entitled ,shoot to ,kill3 ,nicaragua's ,strategy to ,repress ,protest1 which documented the lethal use of weapons1 specifically noting that gunshots fired by pro-government groups targeted specific individuals4 7#e7 ,transparency ,international's #bjag ,corruption ,perceptions ,index ranks ,nicaragua as tied for #aea of #ahj1 the third worst ranking for a country in the ,western ,hemisphere1 after ,venezuela and ,haiti4 7#f7 ,the ,country ,reports on ,human ,rights ,practices for #bjag of the ,department of ,state notes1 with respect to ,nicaragua1 that actions by the ruling ,sandinista ,national ,liberation ,front party have resulted in the de facto concentration of power in a single party1 with an authoritarian executive branch exercising significant control over the legislative1 judicial1 and electoral functions of the ,government of ,nicaragua4 7#g7 ,the #bjag report of the ,department of ,state also stated with respect to ,nicaragua that the most significant human rights abuses included reports of arbitrary or unlawful killings2 almost complete lack of judicial independence2 unlawful interference with privacy2 multiple obstacles to freedom of speech and the press1 including government intimidation1 and harassment of and threats against journalists and independent media2 and partisan restrictions on freedom of peaceful assembly4 7#h7 ,on ,july #e1 #bjah1 pursuant to the ,global ,magnitsky ,human ,rights ,accountability ,act 7subtitle ,f of title ,,xii of ,public ,law #aad-cbh2 #bb ,u4,s4,c4 #bfef note71 the ,united ,states ,government sanctioned #c individuals from ,nicaragua who have been involved in serious human rights abuses or engaged in corruption1 including-- 7,a7 ,francisco ,javier ,diaz1 ,commissioner of the ,national ,police of ,nicaragua2 7,b7 ,jose ,francisco ,lopez1 ,vice ,president of ,,albanisa2 and 7,c7 ,fidel ,antonio ,moreno1 a member of the ,sandinista ,national ,liberation ,front party4 #c4 ,sense of ,congress on advancing a negotiated solution to ,nicaragua's crisis ,it is the sense of ,congress that-- 7#a7 credible negotiations between the ,government of ,nicaragua and representatives of the ,catholic ,church1 civil society1 student movement1 private sector1 and political opposition in ,nicaragua represent the best opportunity to reach a peaceful solution to the crisis in ,nicaragua that includes-- 7,a7 a commitment to hold early elections that meet democratic standards and permit credible international electoral observation2 7,b7 the cessation of the violence perpetrated against civilians by the ,national ,police of ,nicaragua and by armed groups supported by the ,government of ,nicaragua2 and 7,c7 independent investigations into the killings of more than #bgc protesters2 and 7#b7 negotiations between the ,government of ,nicaragua and representatives of the ,catholic ,church1 civil society1 student movement1 private sector1 and political opposition in ,nicaragua have not resulted in an agreement as of the date of the enactment of this ,act because the ,government of ,nicaragua failed to credibly participate in the process4 #d4 ,imposition of sanctions with respect to persons responsible for human rights violations and corruption in ,nicaragua 7a7 ,in general ,the ,president shall impose the sanctions described in subsection 7b7 with respect to any foreign person1 including any current or former official of the ,government of ,nicaragua or any person acting on behalf of that ,government1 that the ,president determines-- 7#a7 has perpetrated1 or is responsible for ordering or otherwise directing1 significant acts of violence or human rights violations in ,nicaragua against persons associated with the protests in ,nicaragua that began on ,april #ah1 #bjah2 7#b7 is responsible for or complicit in ordering1 controlling1 or otherwise directing significant actions or policies that undermine democratic processes or institutions in ,nicaragua2 or 7#c7 is an official of the ,government of ,nicaragua1 or a senior associate of such an official1 that is responsible for or complicit in ordering1 controlling1 or otherwise directing acts of significant corruption1 including the expropriation of private or public assets for personal gain1 corruption related to government contracts1 bribery1 or the facilitation or transfer of the proceeds of corruption to foreign jurisdictions4 7b7 ,sanctions described 7#a7 ,in general ,the sanctions described in this subsection are the following3 7,a7 ,asset blocking ,the exercise of all powers granted to the ,president by the ,international ,emergency ,economic ,powers ,act 7#ej ,u4,s4,c4 #agja et seq47 to the extent necessary to block and prohibit all transactions in all property and interests in property of a person determined by the ,president to be subject to subsection 7a7 if such property and interests in property are in the ,united ,states1 come within the ,united ,states1 or are or come within the possession or control of a ,united ,states person4 7,b7 ,exclusion from the ,united ,states and revocation of visa or other documentation ,in the case of an alien determined by the ,president to be subject to subsection 7a71 denial of a visa to1 and exclusion from the ,united ,states of1 the alien1 and revocation in accordance with section #bba7;i7 of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #abja7;i771 of any visa or other documentation of the alien4 7#b7 ,penalties ,a person that violates1 attempts to violate1 conspires to violate1 or causes a violation of paragraph 7#a77;,a7 or any regulation1 license1 or order issued to carry out paragraph 7#a77;,a7 shall be subject to the penalties set forth in subsections 7b7 and 7c7 of section #bjf of the ,international ,emergency ,economic ,powers ,act 7#ej ,u4,s4,c4 #agje7 to the same extent as a person that commits an unlawful act described in subsection 7a7 of that section4 7#c7 ,exception relating to importation of goods ,the requirement to block and prohibit all transactions in all property and interests in property under paragraph 7#a77;,a7 shall not include the authority to impose sanctions on the importation of goods 7as that term is defined in section #af of the ,export ,administration ,act of #aigi 7#ej ,u4,s4,c4 #dfah7 7as continued in effect pursuant to the ,international ,emergency ,economic ,powers ,act 7#ej ,u4,s4,c4 #agja et seq47774 7#d7 ,exception to comply with ,united ,nations ,headquarters ,agreement ,sanctions under paragraph 7#a77;,b7 shall not apply to an alien if admitting the alien into the ,united ,states is necessary to permit the ,united ,states to comply with the ,agreement regarding the ,headquarters of the ,united ,nations1 signed at ,lake ,success ,june #bf1 #aidg1 and entered into force ,november #ba1 #aidg1 between the ,united ,nations and the ,united ,states1 or other applicable international obligations4 7c7 ,regulatory authority ,the ,president shall issue such regulations1 licenses1 and orders as are necessary to carry out this section4 7d7 ,termination ,this section shall terminate on ,december #ca1 #bjba4 #e4 ,certification and waiver 7a7 ,certification ,not later than #ahj days after the date of the enactment of this ,act1 and annually thereafter until ,december #ca1 #bjba1 the ,secretary of ,state shall submit to the appropriate congressional committees a report certifying whether the ,government of ,nicaragua is taking effective steps-- 7#a7 to strengthen the rule of law and democratic governance1 including the independence of the judicial system and electoral council2 7#b7 to combat corruption1 including by investigating and prosecuting officials of that ,government who are credibly alleged to be corrupt2 and 7#c7 to protect the right of political opposition parties1 journalists1 trade unionists1 human rights defenders1 and other civil society activists to operate without interference4 7b7 ,waiver 7#a7 ,temporary general waiver ,if the ,secretary of ,state certifies to the appropriate congressional committees under subsection 7a7 that the ,government of ,nicaragua is taking effective steps as described in that subsection1 the ,president may waive the imposition of additional sanctions under section #d for a period of not more than one year beginning on the date of the certification4 7#b7 ,case-by-case waiver ,the ,president may waive the application of sanctions under section #d with respect to a person if the ,president-- 7,a7 determines that such a waiver is in the national interest of the ,united ,states2 and 7,b7 not later than the date on which the waiver takes effect1 submits to the appropriate congressional committees a notice of and justification for the waiver4 7c7 ,sense of ,congress ,it is the sense of ,congress that the ,president should exercise the waiver authority provided under subsection 7b77#a7 if the ,secretary of ,state certifies under subsection 7a7 that the ,government of ,nicaragua is taking effective steps as described in that subsection4 #f4 ,report on human rights violations and corruption in ,nicaragua 7a7 ,in general ,not later than #ahj days after the date of the enactment of this ,act1 and annually thereafter until ,december #ca1 #bjba1 the ,secretary of ,state1 acting through the ,assistant ,secretary of ,state for ,intelligence and ,research1 and in coordination with the ,director of ,national ,intelligence1 shall submit to the appropriate congressional committees a report on the involvement of senior officials of the ,government of ,nicaragua1 including members of the ,supreme ,electoral ,council1 the ,national ,assembly1 and the judicial system1 in human rights violations and acts of significant corruption4 7b7 ,elements ,the report required by subsection 7a7 shall include1 to the extent feasible1 the following3 7#a7 ,for each senior official described in that subsection-- 7,a7 the estimated total amount of funds or other assets held in accounts at ,united ,states financial institutions or foreign financial institutions that are under the direct or indirect control of the senior official2 7,b7 a description of such funds or assets2 7,c7 an identification of any equity interest held by the senior official-- 7i7 in an entity on the list of specially designated nationals and blocked persons maintained by the ,office of ,foreign ,assets ,control of the ,department of the ,treasury2 or 7ii7 in any other entity subject to sanctions imposed by the ,united ,states2 7,d7 a description of how the senior official acquired such funds1 assets1 or equity interests2 and 7,e7 a description of how such funds1 assets1 or equity interests have been used4 7#b7 ,a description of any new methods used by senior officials described in subsection 7a7 to evade anti-money laundering and related laws1 including recommendations to improve techniques to combat the illicit use of the ,united ,states financial system by such senior officials4 7c7 ,form ,the report required by subsection 7a7 shall be submitted in unclassified form but may include a classified annex4 7d7 ,public availability ,the unclassified portion of the report required by subsection 7a7 shall be posted on a publicly available website of the ,department of ,state4 #g4 ,definitions ,in this ,act3 7#a7 ,appropriate congressional committees ,the term appropriate congressional committees means-- 7,a7 the ,committee on ,foreign ,relations1 the ,committee on ,banking1 ,housing1 and ,urban ,affairs1 and the ,committee on ,appropriations of the ,senate2 and 7,b7 the ,committee on ,foreign ,affairs1 the ,committee on ,financial ,services1 and the ,committee on ,appropriations of the ,house of ,representatives4 7#b7 ,united ,states person ,the term ,united ,states person means-- 7,a7 a ,united ,states citizen or an alien lawfully admitted for permanent residence to the ,united ,states2 or 7,b7 an entity organized under the laws of the ,united ,states or of any jurisdiction within the ,united ,states1 including a foreign branch of such an entity4