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Updated June 25, 2019
Targeting Foreign Corruption and Human Rights Violators in
FY2019 Consolidated Appropriations
Introduction
Key Elements of Section 7031(c) in the
The United States maintains several foreign policy tools to
FY2019 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, 2019 (SFOPs; P.L. 116-6; 8
Significant corruption, including corruption related to natural
U.S.C. 1182 note).
resources extraction, or a gross violation of human rights.
Section 7031(c) requires the Secretary of State to make
Are designations confidential? The Secretary of State may
foreign officials and their immediate family members
designate individuals publicly or privately, but consular records
ineligible for U.S. entry if there is credible evidence that
pertaining to the refusal or approval of U.S. entry for designated
such individuals “have been involved in significant
individuals are not to be considered confidential.
corruption, including corruption related to the extraction of
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
The origins of Section 7031(c) can be traced to FY2008
compelling national interest reasons or because circumstances
appropriations, when Congress sought to identify and make
that caused the designation have sufficiently changed.
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
August 15, 2019), 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. The prior report, required by
designations pursuant to Section 7031(c) may be made
FY2018 appropriations, was issued on December 10, 2018.
publicly or privately.
When does the requirement end? Section 7031(c) wil end
on September 30, 2019, unless extended by a continuing
resolution or restated in a new law. H.R. 2740, which contains
FY2020 SFOPs and passed the House in June 2019, would extend
Section 7031(c) into FY2020.
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Targeting Foreign Corruption and Human Rights Violators in FY2019 Consolidated Appropriations
Figure 1. Legislative History: Origins of Section 7031(c) and Evolution of Its Scope, FY2008-FY2019
Source: CRS, based on legislation available on Congress.gov.
Public Designations
7031(c) vs. Global Magnitsky Sanctions
Although the State Department has been authorized to
In addition to Section 7031(c), foreign kleptocrats and
publicly designate individuals pursuant to 7031(c) since
human rights violators may be subject to U.S. visa
FY2015 appropriations, the first such designation occurred
restrictions under Executive Order 13818, which was issued
in February 2018; since then, dozens more have been
pursuant to the Global Magnitsky Human Rights
publicly listed (see Table 1). In its December 2018 report
Accountability Act (P.L. 114-328; 22 U.S.C. 2656 note).
to Congress on 7031(c) implementation, the State
Global Magnitsky sanctions, however, differ from Section
Department indicated that some of these designations were
7031(c) designations. All individuals designated pursuant to
not new but rather reflected a change from a previously
E.O. 13818 are publicly identified and subject to economic
private to a now public designation.
sanctions as well as visa restrictions. By contrast, the
Secretary of State can either publicly or privately designate
Table 1. Public Designations Under 7031(c)
individuals pursuant to 7031(c) and all 7031(c) designations
Country
Name
Position
Reason
are made without the concurrent imposition of economic
sanctions. Section 7031(c) designations can also target
Albania
Tom Doshi
Member of
C
family members of foreign kleptocrats and human rights
parliament
violators, while Global Magnitsky designations are limited
Albania
Adriatik Llalla
Prosecutor
C
to those who directly or indirectly engaged in acts of
Bosnia and
Nikola Spiric
House of rep.
C
corruption or human rights abuse. There are some instances
of individuals having been designated under both 7031(c)
Herzegovina
and Global Magnitsky (see Table 1).
Democratic
5 individualsa Election, legislative,
C
Republic of
judicial officials
Other Visa Restrictions
the Congo
Human rights violators and corrupt actors may also be
Dominican
Felix Ramon
Senator
C
subject to visa restrictions under Section 212 of the INA,
Republic
Bautisa
which provides broad executive branch authority to block
Rosariob
entry in service of U.S. interests and foreign policy.
Included among the grounds for U.S. visa ineligibility and
The Gambia
Yahya
Former president
C
admission are conviction of a crime involving moral
Jammehb
turpitude, participation in genocide, commission of acts of
Guatemala
Blanca Aida
Former supreme
C
torture or extrajudicial killings, particularly severe
Stalling Davila
court magistrate
violations of religious freedom, significant trafficking in
Nicaragua
Roberto Jose
President of
C
persons, and recruitment and use of child soldiers.
Rivas Reyesb supreme electoral
To combat kleptocracy, Presidential Proclamation (PP)
council
7750 of January 12, 2004 may be used to suspend U.S.
Russia
Muslim
Chairman of
HR
entry of foreign public officials engaged in bribery,
Khuchiev
Chechen Republic
corruption, misappropriation of public funds, or
Saudi Arabia
16
Not specifiedc
HR
interference with judicial, electoral, or other public
individualsa,b
processes that results in serious adverse effects on U.S.
national interests. PP7750 draws on authority pursuant to
Serbia
Goran
Not specified
HR
Section 212(f) of the INA. Alien spouses, children, and
Radosavljevic
dependent household members who are beneficiaries of
Source: U.S. Department of State.
corruption are also ineligible for U.S. entry. To target
Notes: C = corruption, HR = human rights. Positions are as
human rights violators, PP8697 of August 4, 2011, may be
described in the relevant designation announcement.
used to suspend U.S. entry of aliens who participated in
a. Names omitted for space reasons.
serious human rights and humanitarian law violations.
b. These individuals were also designated pursuant to the Global
Several additional country-specific visa bans are in effect,
Magnitsky Act.
due in part to human rights concerns. From time to time, the
c. Individuals implicated in Jamal Khashoggi murder.
President has also used national emergency authorities to
sanction foreign corrupt actors or human rights violators.
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Targeting Foreign Corruption and Human Rights Violators in FY2019 Consolidated Appropriations
PP8693 of July 24, 2011 suspended U.S. entry of aliens
application of Global Magnitsky sanctions bolster the
subject to International Emergency Economic Powers Act
impact of 7031(c) designations? Similarly, are there
(50 U.S.C. 1701 et seq.) sanctions and U.N. Security
instances in which Global Magnitsky sanctions should be
Council travel bans. Congress has also enacted statutes that
supplemented by Section 7031(c) designations, which can
restrict U.S. entry for individuals from specific countries.
additionally reach family members of those engaged in
Policy Outlook
significant corruption or a gross violation of human rights?
How are U.S. bilateral relations affected by the designation
Members of Congress may seek to evaluate the value of
of high-level officials?
Section 7031(c) as a policy tool, compare its
implementation to other anticorruption and human rights
Liana W. Rosen, Specialist in International Crime and
programs, and consider whether 7031(c) provisions should
Narcotics
be codified (as noted above, H.R. 2740 would extend the
Michael A. Weber, Analyst in Foreign Affairs
provisions for another fiscal year). Potentially relevant
questions include, In what instances might concurrent
IF10905
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