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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
Programs Appropriations Act, 2019 (SFOPs; P.L. 116-6; 8    Wa     eoaoyatvt rgesadsgain
U.S.C. 112    ote).                                       Significant corruption, including corruption related to natural
               U.S.C.  112 note).resources extrazction, or az gross violaition of humazzn rights.
Section 7031(c) requires the Secretary of State to make
foreign officials and their immediate family members   Are     inaions  c     l? Te Sct of Statecmay
ineligible for U.S. entry if there is credible evidence that  desigt diuspuil or pril  Ut cor record
such individuals have been involved in significant      ining to t re    osappra ofU..entrfdia
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 703 (c)
pending U.S. visa application need not exist. Section  include   those whose entry would further important U.S. lw
7031(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    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 udiciary not later than 6 months from enactment (due
general as well as corruption related to natural resources August 15, 2Q19), 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 703 1(c) may be made  FY2018 appropriations, was issued on December 1O, 2018.
publicly or privately.                                    W        corupn t o   -ncdint -o? rrrin 7A I AnrA

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