,,ii #aafth ,,congress #ast ,session ,s4 #gaf ,,in ,,the ,,senate ,,of ,,the ,,united ,,states ,march #g1 #bjai,mr4 ,cardin 7for himself1 ,mr4 ,leahy1 ,mr4 ,durbin1 ,mr4 ,kaine1 ,mr4 ,murphy1 and ,mr4 ,merkley7 introduced the following bill2 which was read twice and referred to the ,committee on ,foreign ,relations ,a ,,bill ,to impose sanctions under the ,global ,magnitsky ,human ,rights ,accountability ,act to combat corruption1 money laundering1 and impunity in ,guatemala1 and for other purposes4 #a4 ,short title ,this ,act may be cited as the ,guatemala ,rule of ,law ,accountability ,act4 #b4 ,definitions ,in this ,act3 7#a7 ,appropriate congressional committees ,the term appropriate congressional committees means-- 7,a7 the ,committee on ,foreign ,relations and the ,committee on ,appropriations of the ,senate2 and 7,b7 the ,committee on ,foreign ,affairs and the ,committee on ,appropriations of the ,house of ,representatives4 7#b7 ,foreign person ,the term foreign person means a person that is not a ,united ,states person4 7#c7 ,knowingly ,the term knowingly1 with respect to conduct1 a circumstance1 or a result1 means that a person has actual knowledge1 or should have known1 of the conduct1 the circumstance1 or the result4 7#d7 ,united ,states person ,the term ,united ,states person means-- 7,a7 a natural person who is a citizen or resident of the ,united ,states or a national of the ,united ,states 7as defined in section #aja7;a7 of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #aaja7;a7772 and 7,b7 an entity that is organized under the laws of the ,united ,states or any jurisdiction within the ,united ,states4 #c4 ,findings ,congress makes the following findings3 7#a7 ,the ,department of ,state's #bjah ,international ,narcotics ,control ,strategy ,report stated that1 in ,guatemala1 widespread corruption permeates public and private institutions and exacerbates the country's security1 governmental1 and economic challenges4 7#b7 ,the same report1 discussing money laundering in ,guatemala1 noted1 ,drug trafficking is a major source of illicit funds4 ,other sources include corruption1 extortion1 human trafficking1 commerce of other illicit goods1 and tax evasion4 ,money is laundered primarily through real estate1 ranching1 and the gaming industry4 ,it is also laundered through a series of small transactions below the ,u4,s4 #aj1jjj reporting requirement1 either in small banks along the ,guatemala-,mexico border1 or by travelers carrying cash to other countries44 7#c7 ,on ,august #aj1 #bjah1 ,guatemala's ,attorney ,general filed a request before the ,supreme ,court of ,guatemala to remove the immunity of ,guatemala's ,president1 ,jimmy ,morales1 so that he could be charged for the crime of illicit election financing1 based on investigations carried out jointly by the ,office of the ,attorney ,general and the ,international ,commission against ,impunity in ,guatemala 7in this ,act referred to as ,,cicig74 7#d7 ,in ,august #bjah1 the ,guatemalan ,supreme ,court ruled that there was sufficient evidence for the ,guatemalan ,congress to decide if ,president ,morales should be investigated for illicit election financing4 7#e7 ,on ,september #d1 #bjah1 the ,government of ,guatemala announced that it would no longer allow the ,commissioner of ,,cicig to enter the country4 7#f7 ,on ,january #g1 #bjai1 the ,government of ,guatemala announced that it was terminating the agreement establishing ,,cicig effective immediately4 7#g7 ,the ,united ,nations responded that the ,secretary-,general strongly rejects that announcement1 stating1 ,the mandate of the ,commission is set to end on #c ,september #bjai4 ,until that date1 we expect the ,government of ,guatemala to entirely fulfill its legal obligations under the ,agreement4 ,the ,secretary-,general expects the ,government of ,guatemala to abide by its international undertakings to ensure the protection of the ,,cicig personnel1 both international and national44 #d4 ,global ,magnitsky sanctions against foreign persons that engage in corruption and other activities in ,guatemala 7a7 ,in general ,not later than #ij days after the date of the enactment of this ,act1 and as appropriate thereafter1 the ,president shall impose the sanctions described in subsection 7b7 with respect to any foreign person who is a current or former official of the ,government of ,guatemala1 or is acting on behalf of or in cooperation with an official of that ,government1 if the ,president has credible information that the foreign person has knowingly-- 7#a7 committed or facilitated acts of significant corruption1 money laundering1 narcotics trafficking1 or financing political campaigns with the proceeds of narcotics trafficking2 7#b7 obstructed investigations or prosecutions of such acts2 7#c7 used equipment transferred or licensed to be transferred by the ,united ,states ,government in violation of an end-use agreement or otherwise for purposes other than the purposes for which such equipment was transferred or licensed to be transferred2 7#d7 disobeyed rulings of the ,guatemalan ,constitutional ,court1 including rulings related to the conduct of elections2 or 7#e7 impeded or interfered with the work of any ,united ,states ,government agency or any institution receiving contributions from the ,united ,states ,government1 including ,,cicig4 7b7 ,sanctions described ,the sanctions described in this subsection are the sanctions described in section #abfc7;b7 of the ,global ,magnitsky ,human ,rights ,accountability ,act 7subtitle ,f of title ,,xii of ,public ,law #aad-cbh2 #bb ,u4,s4,c4 #bfef note74 7c7 ,exception for ,united ,nations ,headquarters ,agreement2 enforcement ,subsections 7e7 and 7f7 of section #abfc of the ,global ,magnitsky ,human ,rights ,accountability ,act apply with respect to the imposition of sanctions under this section to the same extent as such subsections apply with respect to the imposition of sanctions under such section #abfc4 7d7 ,report on implementation ,not later than #ae days after imposing sanctions under subsection 7a71 the ,president shall submit to the appropriate congressional committees a report regarding steps taken to implement this section4 7e7 ,regulatory authority ,the ,president shall issue such regulations1 licenses1 and orders as are necessary to carry out this section4 7f7 ,termination ,this section shall terminate on the date that is #b years after the date of the enactment of this ,act4 #e4 ,conditions on the transfer of equipment to security forces of ,guatemala 7a7 ,in general ,the ,secretary of ,state1 in coordination with the ,administrator of the ,united ,states ,agency for ,international ,development and the ,secretary of ,defense1 as appropriate1 shall include1 in each contract1 grant1 license1 or other mechanism entered into on or after the date that is #cj days after the date of the enactment of this ,act that provides for the transfer to1 or the transfer for use by1 the military or national police of ,guatemala any ,united ,states equipment a provision that ensures that the equipment may be recovered by the ,united ,states if the equipment is used in violation of an end-use agreement or otherwise for purposes other than the purposes for which the equipment was transferred4 7b7 ,determination ,not later than #ij days after receiving a written request from the chairperson and ranking member of any of the appropriate congressional committees with respect to whether equipment transferred or licensed to be transferred to ,guatemala by the ,united ,states ,government has been used in violation of an end-use agreement or otherwise for purposes other than the purposes for which the equipment was transferred1 the ,president shall-- 7#a7 determine whether the equipment was so used2 and 7#b7 submit to the chairperson and ranking member of that committee a report with respect to that determination that includes-- 7,a7 a statement of whether or not the ,president has taken or intends to take remedial action1 including as provided for under the ,arms ,export ,control ,act 7#bb ,u4,s4,c4 #bgea et seq472 and 7,b7 7i7 if the ,president has taken or intends to take remedial action1 a description of that action2 or 7ii7 if the ,president will not take remedial action1 a detailed justification for why not4