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Updated June 14, 2018
Targeting Foreign Corruption and Human Rights Violators in
FY2018 Consolidated Appropriations
Introduction
Key Elements to Section 7031(c) in the
The United States maintains several foreign policy tools to
FY2018 Consolidated Appropriations Act
target foreign corruption and human rights violators. One of
Who may be found ineligible for U.S. entry? Foreign
these is a visa ban, provided for in Section 7031(c) of the
corrupt officials and their immediate family members.
Department of State, Foreign Operations, and Related
What derogatory activity triggers a designation?
Programs Appropriations Act, 2018 (P.L. 115-141; 8
Significant corruption (undefined), including corruption related to
U.S.C. 1182 note).
natural resources extraction, or a gross violation of human
rights.
Section 7031(c) requires the Secretary of State to make
foreign officials and their immediate family members
Are designations confidential? The Secretary of State may
ineligible for U.S. entry if there is credible evidence that
designate individuals publicly or privately, but consular records
such individuals “have been involved in significant
pertaining to the refusal or approval of U.S. entry for designated
corruption, including corruption related to the extraction of
individuals are not to be considered confidential.
natural resources, or a gross violation of human rights.” A
Who cannot be designated? Exceptions to Section 7031(c)
pending U.S. visa application need not exist. Section
include those whose entry would further important U.S. law
7031(c) does not invoke the Immigration and Nationality
enforcement objectives or whose entry is required to fulfil U.S.
Act (INA) and states that, for the purposes of this section,
obligations under the United Nations (U.N.) Headquarters
decisions regarding U.S. entry eligibility are not to be
Agreement, which requires the United States to allow entry to
considered confidential. In contrast, Section 222(f) of the
those who are sent by their government to attend U.N.
INA (8 U.S.C. 1182(f)) states that, in general, State
meetings.
Department records pertaining to the issuance or refusal of
Who may be permitted into the United States, despite a
U.S. visas or permits are confidential.
designation? The Secretary of State may waive restrictions for
compelling national interest reasons or because circumstances
The origins of Section 7031(c) can be traced to FY2008
that caused the designation have sufficiently changed.
appropriations, when Congress sought to identify and make
ineligible for U.S. entry foreign kleptocrats whose alleged
How does Congress conduct oversight of Section
corruption involved the extraction of natural resources (see
7031(c)’s implementation? The Secretary of State is required
Figure 1). Beginning in FY2012, Congress enacted a
to submit a report to the Committees on Appropriations and on
broader provision that addressed “significant corruption” in
the Judiciary not later than 6 months from enactment (due
general as well as corruption related to natural resources
September 23, 2018), describing its use during the previous 12
extraction. In FY2014, Congress expanded the provision to
months and whether any exceptions or waivers were invoked.
target foreign officials involved in “a gross violation of
Unclassified portions of the report are required to be posted on
human rights.” In FY2015, Congress further clarified that
the State Department website.
designations pursuant to Section 7031(c) may be made
When does the requirement end? Section 7031(c) wil end
publicly or privately.
on September 30, 2018, unless extended by a continuing
resolution or restated in a new law.
https://crsreports.congress.gov
Targeting Foreign Corruption and Human Rights Violators in FY2018 Consolidated Appropriations
Figure 1. Legislative History: Origins of Section 7031(c) and Evolution of Its Scope, FY2008-FY2018
Source: CRS, based on legislation available on Congress.gov.
Public Designations
individuals pursuant to 7031(c) and all 7031(c) designations
To date, Section 7031(c)’s public designation option has been
are made without the concurrent imposition of economic
used three times, each time due to al egations of “significant
sanctions. Section 7031(c) designations can also target
corruption.”
family members of foreign kleptocrats and human rights
Albania
violators, while Global Magnitsky designations are limited
On February 14, 2018, the State Department publicly designated
to those who directly or indirectly engaged in acts of
former Albanian Prosecutor General Adriatik Llalla and on April
corruption or human rights abuse. There has been at least
16, 2018, publicly designated Albanian Member of Parliament Tom
one instance of an individual having been simultaneously
Doshi; their immediate family members were also designated. The
designated under both 7031(c) and Global Magnitsky (see
United States designated Llalla shortly after he resigned from the
text box above).
Albanian judicial system; critics claimed he resigned to avoid
scrutiny under a new process to vet the financial assets of judges
Human rights violators and corrupt actors may also be
and prosecutors. The U.S. ambassador to Albania has accused
subject to visa restrictions under Section 212 of the INA,
Llalla of money laundering and the accumulation of unjustified
which provides broad executive branch authority to block
wealth. Doshi, a Member of Parliament in Albania since 2005, was
entry in service of U.S. interests and foreign policy.
listed under Section 7031(c) for being involved in unspecified high-
Included among the grounds for U.S. visa ineligibility and
level corruption.
admission are conviction of a crime involving moral
turpitude, participation in genocide, commission of acts of
With U.S. support, Albania joined the North Atlantic Treaty
torture or extrajudicial killings, particularly severe
Organization (NATO) in 2009. In order for the country to make
violations of religious freedom, significant trafficking in
progress in its bid to join the European Union (EU), an effort also
persons, and recruitment and use of child soldiers.
supported by the United States, the EU requires that it implement
reforms designed to strengthen democratic institutions and the
To combat kleptocracy, Presidential Proclamation (PP)
rule of law. Efforts to combat corruption and organized crime are
7750 of January 12, 2004 may be used to suspend U.S.
a central theme of the reforms.
entry of foreign public officials engaged in bribery,
Dominican Republic (DR)
corruption, misappropriation of public funds, or
On June 12, 2018, the State Department publicly designated DR
interference with judicial, electoral, or other public
Senator Felix Ramon Bautista Rosario as well as his immediate
processes that results in serious adverse effects on U.S.
family members. The same day, the Department of the Treasury
national interests. PP7750 draws on authority pursuant to
also designated him under Global Magnitsky sanctions (see below). Section 212(f) of the INA. Alien spouses, children, and
According to Treasury, he had engaged in “significant acts of
dependent household members who are beneficiaries of
corruption in both the Dominican Republic and Haiti,” including
corruption are also ineligible for U.S. entry. To target
accusations of money laundering and embezzlement, bribery, and
human rights violators, PP 8697 of August 4, 2011, may be
the procurement of public works contracts for which work was
used to suspend U.S. entry of aliens who participated in
not completed.
serious human rights and humanitarian law violations.
Other Visa Restrictions
Several additional country-specific visa bans are in effect,
due in part to human rights concerns.
In addition to Section 7031(c), foreign kleptocrats and
human rights violators may be subject to U.S. visa
From time to time, the President has also used national
restrictions under Executive Order 13818, which was issued
emergency authorities to sanction foreign corrupt actors or
pursuant to the Global Magnitsky Human Rights
human rights violators. PP 8693 of July 24, 2011, further
Accountability Act (P.L. 114-328; 22 U.S.C. 2656 note).
suspended U.S. entry of aliens subject to International
Global Magnitsky sanctions, however, differ from Section
Emergency Economic Powers Act (50 U.S.C. 1701 et seq.)
7031(c) designations. All individuals designated pursuant to
sanctions and U.N. Security Council travel bans. Congress
E.O. 13818 are publicly identified and subject to economic
has also enacted statutes that restrict U.S. entry for certain
sanctions as well as visa restrictions. By contrast, the
individuals from specific countries. Recent country-specific
Secretary of State reserves the option to publicly designate
https://crsreports.congress.gov
Targeting Foreign Corruption and Human Rights Violators in FY2018 Consolidated Appropriations
examples, which provide for visa ineligibility and
known kleptocrats? How might U.S. bilateral relations be
economic sanctions against human rights violators, include
affected by the designation of high-level officials as
the Sergei Magnitsky Rule of Law Accountability Act of
corrupt? An additional question may include whether the
2012 (Title IV of P.L. 112-208; 22 U.S.C. 5811 note), the
codification of Section 7031(c) or the concurrent
Countering America’s Adversaries Through Sanctions Act
application of Global Magnitsky sanctions could bolster its
(P.L. 115-44; 22 U.S.C. 9521 et seq.), and the Venezuela
impact. Similarly, some may question whether Global
Defense of Human Rights and Civil Society Act of 2014
Magnitsky sanctions could be supplemented by Section
(P.L. 113-278; 50 U.S.C. 1701 note).
7031(c) designations, which can additionally reach family
Policy Outlook
members of those engaged in significant corruption or a
gross violation of human rights.
As Congress continues to conduct oversight of the Trump
Administration’s implementation of anti-corruption and
Liana W. Rosen, Specialist in International Crime and
human rights-related foreign policy objectives, Members
Narcotics
may seek to evaluate the value of Section 7031(c) as a
Derek E. Mix, Analyst in European Affairs
policy tool, compare its implementation to other anti-
Michael A. Weber, Analyst in Foreign Affairs
corruption and human rights programs, and consider
whether additional public designations may be warranted.
IF10905
What prevents the use of Section 7031(c) against more
Disclaimer
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https://crsreports.congress.gov | IF10905 · VERSION 3 · UPDATED