22 U.S.C. § 2277a — Targeted sanctions to fight corruption in

Page 716 TITLE 22—FOREIGN RELATIONS AND INTERCOURSE § 2277a 1 So in original. forced displacement in accordance with the priorities outlined in subsection (b)(1); (2) strengthening national justice systems and attorneys generals,1 supporting multilat- eral anticorruption mechanisms, identifying and prosecuting money laundering and other financial crimes, breaking up financial hold- ings of organized criminal syndicates, and ad- vancing judicial integrity and investigative capacity of local authorities in accordance with the priorities outlined in subsection (b)(2); (3) strengthening government institutions at the local and national levels to provide serv- ices and respond to citizen needs through transparent, inclusive, and democratic proc- esses, promoting human rights, building the capacity of independent media, developing the capacity of civil society to conduct oversight, affording legal protections for human rights defenders and members of civil society, and strengthening electoral institutions in accord- ance with priorities outlined in subsection (b)(3); and (4) implementing the objectives stated under the Central America Regional Security Initia- tive and building the capacity of civilian secu- rity services in accordance with the priorities outlined in subsection (b)(4). (e) Public diplomacy The strategy required under this section shall include a public diplomacy strategy for edu- cating citizens of the region about United States assistance and its benefits to them, and inform- ing such citizens of the dangers of irregular mi- gration to the United States. (f) Annual progress updates Not later than 1 year after the submission of the strategy required under this section and an- nually thereafter for 4 years, the Secretary of State shall provide the appropriate congres- sional committees with a written description of progress made in meeting the benchmarks es- tablished in the strategy. (g) Public availability The strategy required under this section shall be made publicly available on the website of the Department of State. If appropriate, a classified annex may be submitted to the appropriate con- gressional committees. (h) Definition In this section, the term ‘‘appropriate congres- sional committees’’ means— (1) the Committee on Foreign Relations and the Committee on Appropriations of the Sen- ate; and (2) the Committee on Foreign Affairs and the Committee on Appropriations of the House of Representatives. (Pub. L. 116–260, div. FF, title III, § 352, Dec. 27, 2020, 134 Stat. 3127.) Editorial Notes CODIFICATION Section was enacted as part of the United States – Northern Triangle Enhanced Engagement Act, and not as part of the Foreign Assistance Act of 1961 which comprises this chapter. § 2277a. Targeted sanctions to fight corruption in El Salvador, Guatemala,,1 Honduras, and Nicaragua (a) Sense of Congress It is the sense of Congress that— (1) corruption in El Salvador, Guatemala,,1 Honduras, and Nicaragua by private citizens and select officials in local, regional, and Fed- eral governments significantly damages the economies of such countries and deprives citi- zens of opportunities; (2) corruption in El Salvador, Guatemala,,1 Honduras, and Nicaragua is facilitated and carried out not only by private citizens and se- lect officials from those countries but also in many instances by individuals from third countries; and (3) imposing targeted sanctions on individ- uals from throughout the world and particu- larly in the Western Hemisphere who are en- gaged in acts of significant corruption that impact El Salvador, Guatemala,,1 Honduras, and Nicaragua or obstruction of investigations into such acts of corruption will benefit the citizens and governments of such countries. (b) Report required Not later than 180 days after December 27, 2020, and not less frequently than annually thereafter, the President shall submit to the ap- propriate congressional committees an unclassi- fied report with classified annex if necessary that identifies each foreign person who the President determines to have knowingly en- gaged in actions that undermine democratic processes or institutions, or in significant cor- ruption or obstruction of investigations into such acts of corruption in El Salvador, Guate- mala,,1 Honduras, and Nicaragua, including the following: (1) Corruption related to government con- tracts. (2) Bribery and extortion. (3) The facilitation or transfer of the pro- ceeds of corruption, including through money laundering. (4) Acts of violence, harassment, or intimi- dation directed at governmental and non- governmental corruption investigators. (c) Imposition of sanctions The President shall impose the sanctions de- scribed in subsection (d) with respect to each foreign person identified in the report required under subsection (b). (d) Sanctions described (1) In general The sanctions described in this subsection are the following: (A) Ineligibility for visas and admission to the United States In the case of a foreign person who is an individual, such foreign person is— (i) inadmissible to the United States; (ii) ineligible to receive a visa or other documentation to enter the United States; and Page 717 TITLE 22—FOREIGN RELATIONS AND INTERCOURSE § 2281 2 So in original. Probably should be ‘‘subparagraphs (A) and (B)’’. 3 So in original. Probably should be ‘‘subsection (d)’’. 4 So in original. Probably should be ‘‘subsection (c),’’. (iii) otherwise ineligible to be admitted or paroled into the United States or to re- ceive any other benefit under the Immi- gration and Nationality Act (8 U.S.C. 1101 et seq.). (B) Current visas revoked (i) In general The issuing consular officer or the Sec- retary of State, (or a designee of the Sec- retary of State) shall, in accordance with section 221(i) of the Immigration and Na- tionality Act (8 U.S.C. 1201(i)), revoke any visa or other entry documentation issued to a foreign person regardless of when the visa or other entry documentation is issued. (ii) Effect of revocation A revocation under clause (i) shall— (I) take effect immediately; and (II) automatically cancel any other valid visa or entry documentation that is in the foreign person’s possession. (2) Exception to comply with international ob- ligations Sanctions under subparagraph (B) and (C) 2 of paragraph (1) shall not apply with respect to a foreign person if admitting or paroling such person into the United States is necessary to permit the United States to comply with the Agreement regarding the Headquarters of the United Nations, signed at Lake Success June 26, 1947, and entered into force November 21, 1947, between the United Nations and the United States, or other applicable inter- national obligations. (e) National security waiver The President may waive the application of the sanctions under subsection (c) 3 if the Presi- dent— (1) determines that such a waiver is in the national security interest of the United States; and (2) submits to the appropriate congressional committees within 15 days after such deter- mination a notice of and justification for the waiver. (f) Termination The authority to impose sanctions under sub- section (b),4 and any sanctions imposed pursuant to such authority, shall expire on the date that is 3 years after December 27, 2020. (g) Public availability The unclassified portion of the report required by subsection (b) shall be made available to the public, including through publication in the Federal Register. In any case in which the Presi- dent concludes that such publication would be harmful to the national security of the United States, only a statement that a determination or finding has been made by the President, in- cluding the name and section of the Act under which it was made, shall be published. (h) Definitions In this section, the term ‘‘appropriate congres- sional committees’’ means— (1) the Committee on Foreign Relations and the Committee on the Judiciary of the Senate; (2) the Committee on Foreign Affairs and the Committee on the Judiciary of the House of Representatives. (Pub. L. 116–260, div. FF, title III, § 353, Dec. 27, 2020, 134 Stat. 3129; Pub. L. 117–54, § 7, Nov. 10, 2021, 135 Stat. 418.) Editorial Notes REFERENCES IN TEXT The Immigration and Nationality Act, referred to in subsec. (d)(1)(A)(iii), is act June 27, 1952, ch. 477, 66 Stat. 163, which is classified principally to chapter 12 (§ 1101 et seq.) of Title 8, Aliens and Nationality. For complete classification of this Act to the Code, see Short Title note set out under section 1101 of Title 8 and Tables. CODIFICATION Section was enacted as part of the United States – Northern Triangle Enhanced Engagement Act, and not as part of the Foreign Assistance Act of 1961 which comprises this chapter. AMENDMENTS 2021—Pub. L. 117–54 substituted ‘‘, Honduras, and Nicaragua’’ for ‘‘and Honduras’’ in section catchline and wherever appearing in text. Executive Documents DELEGATION OF CERTAIN AUTHORITIES AND FUNCTIONS UNDER SECTION 353 OF THE UNITED STATES-NORTHERN TRIANGLE ENHANCED ENGAGEMENT ACT Memorandum of President of the United States, June 21, 2021, 86 F.R. 34591, provided: Memorandum for the Secretary of State By the authority vested in me as President by the Constitution and the laws of the United States of America, including section 301 of title 3, United States Code, I hereby delegate to the Secretary of State all authorities and functions vested in the President by section 353 of the United States-Northern Triangle En- hanced Engagement Act (Subtitle F of Title III of Divi- sion FF of Public Law 116–260) (the ‘‘Act’’) [22 U.S.C. 2277a]. Any reference herein to the Act related to the subject of this memorandum shall be deemed to include ref- erences to any hereafter-enacted [June 21, 2021] provi- sions of law that are the same or substantially the same as such provisions. You are authorized and directed to publish this memorandum in the Federal Register. J.R. BIDEN, JR. PART VII—DEBT-FOR-NATURE EXCHANGES § 2281. ‘‘Debt-for-nature exchange’’ defined For purpose of this part, the term ‘‘debt-for- nature exchange’’ means the cancellation or re- demption of the foreign debt of the government of a country in exchange for— (1) that government’s making available local currencies (including through the issuance of bonds) which are used only for eligible projects involving the conservation or protec- tion of the environment in that country (as described in section 2283 of this title); or (2) that government’s financial resource or policy commitment to take certain specified