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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
Programs  Appropriations Act, 2018 (P.L. 115-141; 8         Wa     eoaoyatvt         rgesadsgain
U.S.C. 112    ote).                                        Significant corruption (undefined), including corruption reated to
               U.S.C.  112 note).naiturail resources extraiction, or a, gross violaition of humnn
Section 7031(c) requires the Secretary of State to make    rights.
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 US. 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. lw
703 1(c) does not invoke the Immigration and Nationality   enforcement objectives or whose entry is required to fulfill 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 703 1(c) can be traced to FY2008      cased te    inat   ae sf    cil cnged.
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 udiciary 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 703 1(c) may be made      When   does the requirement  end? Section 7031(c) will end
publicly or privately,                                     on September 30, 2Q18, unless extended bynu i continuing

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