,,ii #aahth ,,congress #ast ,session ,s4 #ec ,,in ,,the ,,senate ,,of ,,the ,,united ,,states ,january #bd 7legislative day1 ,january #c71 #bjbc,mr4 ,cardin 7for himself and ,mr4 ,young7 introduced the following bill2 which was read twice and referred to the ,committee on ,foreign ,relations ,a ,,bill ,to identify and combat corruption in countries1 to establish a tiered list of countries with respect to levels of corruption by their governments and their efforts to combat such corruption1 and to evaluate whether foreign persons engaged in significant corruption should be specially designated nationals under the ,global ,magnitsky ,human ,rights ,accountability ,act4 #a4 ,short title ,this ,act may be cited as the ,combating ,global ,corruption ,act of #bjbc4 #b4 ,definitions ,in this ,act3 7#a7 ,corrupt actor ,the term corrupt actor means-- 7,a7 any foreign person or entity that is a government official or government entity responsible for1 or complicit in1 an act of corruption2 and 7,b7 any company1 in which a person or entity described in subparagraph 7,a7 has a significant stake1 which is responsible for1 or complicit in1 an act of corruption4 7#b7 ,corruption ,the term corruption means the unlawful exercise of entrusted public power for private gain1 including by bribery1 nepotism1 fraud1 or embezzlement4 7#c7 ,significant corruption ,the term significant corruption means corruption committed at a high level of government that-- 7,a7 illegitimately distorts major decision-making1 such as policy or resource determinations1 or other fundamental functions of governance2 and 7,b7 involves economically or socially large-scale government activities4 #c4 ,publication of tiered ranking list 7a7 ,in general ,the ,secretary of ,state shall annually publish1 on a publicly accessible website1 a tiered ranking of all foreign countries4 7b7 ,tier #a countries ,a country shall be ranked as a tier #a country in the ranking published under subsection 7a7 if the government of such country is complying with the minimum standards set forth in section #d4 7c7 ,tier #b countries ,a country shall be ranked as a tier #b country in the ranking published under subsection 7a7 if the government of such country is making efforts to comply with the minimum standards set forth in section #d1 but is not achieving the requisite level of compliance to be ranked as a tier #a country4 7d7 ,tier #c countries ,a country shall be ranked as a tier #c country in the ranking published under subsection 7a7 if the government of such country is making de minimis or no efforts to comply with the minimum standards set forth in section #d4 #d4 ,minimum standards for the elimination of corruption and assessment of efforts to combat corruption 7a7 ,in general ,the government of a country is complying with the minimum standards for the elimination of corruption if the government-- 7#a7 has enacted and implemented laws and established government structures1 policies1 and practices that prohibit and generally deter corruption1 including significant corruption2 7#b7 enforces the laws described in paragraph 7#a7 by punishing any person who is found1 through a fair judicial process1 to have violated such laws2 7#c7 prescribes punishment for significant corruption that is commensurate with the punishment prescribed for serious crimes2 and 7#d7 is making serious and sustained efforts to address corruption1 including through prevention4 7b7 ,factors for assessing government efforts ,to combat corruption ,in determining whether a government is making serious and sustained efforts to address corruption1 the ,secretary of ,state shall consider1 to the extent relevant or appropriate1 factors such as-- 7#a7 whether the government of the country has criminalized corruption1 investigates and prosecutes acts of corruption1 and convicts and sentences persons responsible for such acts over which it has jurisdiction1 including1 as appropriate1 incarcerating individuals convicted of such acts2 7#b7 whether the government of the country vigorously investigates1 prosecutes1 convicts1 and sentences public officials who participate in or facilitate corruption1 including nationals of the country who are deployed in foreign military assignments1 trade delegations abroad1 or other similar missions1 who engage in or facilitate significant corruption2 7#c7 whether the government of the country has adopted measures to prevent corruption1 such as measures to inform and educate the public1 including potential victims1 about the causes and consequences of corruption2 7#d7 whether the government of the country has taken steps to prohibit government officials from participating in1 facilitating1 or condoning corruption1 including the investigation1 prosecution1 and conviction of such officials2 7#e7 the extent to which the country provides access1 or1 as appropriate1 makes adequate resources available1 to civil society organizations and other institutions to combat corruption1 including reporting1 investigating1 and monitoring2 7#f7 whether an independent judiciary or judicial body in the country is responsible for1 and effectively capable of1 deciding corruption cases impartially1 on the basis of facts and in accordance with the law1 without any improper restrictions1 influences1 inducements1 pressures1 threats1 or interferences 7direct or indirect72 7#g7 whether the government of the country is assisting in international investigations of transnational corruption networks and in other cooperative efforts to combat significant corruption1 including1 as appropriate1 cooperating with the governments of other countries to extradite corrupt actors2 7#h7 whether the government of the country recognizes the rights of victims of corruption1 ensures their access to justice1 and takes steps to prevent victims from being further victimized or persecuted by corrupt actors1 government officials1 or others2 7#i7 whether the government of the country protects victims of corruption or whistleblowers from reprisal due to such persons having assisted in exposing corruption1 and refrains from other discriminatory treatment of such persons2 7#aj7 whether the government of the country is willing and able to recover and1 as appropriate1 return the proceeds of corruption2 7#aa7 whether the government of the country is taking steps to implement financial transparency measures in line with the ,financial ,action ,task ,force recommendations1 including due diligence and beneficial ownership transparency requirements2 7#ab7 whether the government of the country is facilitating corruption in other countries in connection with state-directed investment1 loans or grants for major infrastructure1 or other initiatives2 and 7#ac7 such other information relating to corruption as the ,secretary of ,state considers appropriate4 7c7 ,assessing government efforts ,to combat corruption in relation to relevant international commitments ,in determining whether a government is making serious and sustained efforts to address corruption1 the ,secretary of ,state shall consider the government of a country's compliance with the following1 as relevant3 7#a7 ,the ,inter-,american ,convention against ,corruption of the ,organization of ,american ,states1 done at ,caracas ,march #bi1 #aiif4 7#b7 ,the ,convention on ,combating ,bribery of ,foreign ,public ,officials in ,international ,business ,transactions of the ,organisation of ,economic ,co-operation and ,development1 done at ,paris ,december #ba1 #aiig 7commonly referred to as the ,anti-,bribery ,convention74 7#c7 ,the ,united ,nations ,convention against ,transnational ,organized ,crime1 done at ,new ,york ,november #ae1 #bjjj4 7#d7 ,the ,united ,nations ,convention against ,corruption1 done at ,new ,york ,october #ca1 #bjjc4 7#e7 ,such other treaties1 agreements1 and international standards as the ,secretary of ,state considers appropriate4 #e4 ,imposition of sanctions under ,global ,magnitsky ,human ,rights ,accountability ,act 7a7 ,in general ,the ,secretary of ,state1 in coordination with the ,secretary of the ,treasury1 should evaluate whether there are foreign persons engaged in significant corruption for the purposes of potential imposition of sanctions under the ,global ,magnitsky ,human ,rights ,accountability ,act 7subtitle ,f of title ,,xii of ,public ,law #aad-cbh2 #bb ,u4,s4,c4 #bfef note7 in all countries identified as tier #c countries under section #c4 7b7 ,report required ,not later than #ahj days after publishing the list required by section #c7;a7 and annually thereafter1 the ,secretary of ,state shall submit to the committees specified in subsection 7e7 a report that includes-- 7#a7 a list of foreign persons with respect to which the ,president imposed sanctions pursuant to the evaluation under subsection 7a72 7#b7 the dates on which such sanctions were imposed2 and 7#c7 the reasons for imposing such sanctions4 7c7 ,form of report ,each report required by subsection 7b7 shall be submitted in unclassified form but may include a classified annex4 7d7 ,briefing in lieu of report ,the ,secretary of ,state1 in coordination with the ,secretary of the ,treasury1 may provide a briefing to the committees specified in subsection 7e7 instead of submitting a written report required under subsection 7b71 if doing so would better serve existing ,united ,states anti-corruption efforts or the national interests of the ,united ,states4 7e7 ,committees specified ,the committees specified in this subsection are-- 7#a7 the ,committee on ,foreign ,relations1 the ,committee on ,appropriations1 the ,committee on ,banking1 ,housing1 and ,urban ,affairs1 and the ,committee on the ,judiciary of the ,senate2 and 7#b7 the ,committee on ,foreign ,affairs1 the ,committee on ,appropriations1 the ,committee on ,financial ,services1 and the ,committee on the ,judiciary of the ,house of ,representatives4 #f4 ,designation of embassy anti-corruption points of contact 7a7 ,in general ,the ,secretary of ,state shall annually designate an anti-corruption point of contact at the ,united ,states diplomatic post to each country identified as tier #b or tier #c under section #c1 or which the ,secretary otherwise determines is in need of such a point of contact4 ,the point of contact shall be the chief of mission or the chief of mission's designee4 7b7 ,responsibilities ,each anti-corruption point of contact designated under subsection 7a7 shall be responsible for enhancing coordination and promoting the implementation of a whole-of-government approach among the relevant ,federal departments and agencies undertaking efforts to-- 7#a7 promote good governance in foreign countries2 and 7#b7 enhance the ability of such countries-- 7,a7 to combat public corruption2 and 7,b7 to develop and implement corruption risk assessment tools and mitigation strategies4 7c7 ,training ,the ,secretary of ,state shall implement appropriate training for anti-corruption points of contact designated under subsection 7a74