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1 [1] (September 6, 2023)

handle is hein.crs/govemti0001 and id is 1 raw text is: I nf gress bnaI Research Serv ce niinc ihe iea Ilat'e debt sdn1 1914 0 September 6, 2023 Central America: Expiration of Targeted Sanctions Authority Central America (see Figure 1) has received considerable attention from U.S. policymakers over the past decade, as it has become a major transit corridor for illicit drugs and a top source of irregular migration to the United States. Congress appropriated nearly $5.1 billion of foreign assistance for Central America from FY2016 to FY2023 to address the underlying economic, governance, and security challenges that have allowed illicit trafficking to flourish and appear to have prompted millions of people to leave their homes. Corruption and democratic backsliding have hindered U.S. objectives in the region by deterring investment, siphoning scarce resources away from government agencies and programs, and facilitating criminal co-optation of security and justice-sector institutions. Figure I - Man of Central America Source: CRS Graphics. Among other efforts to stem the erosion of the rule of law in Central America, Congress enacted the United States- Northern Triangle Enhanced Engagement Act (P.L. 116- 260, Division FF, Subtitle F; hereinafter, the act) in December 2020. Section 353(b) of the act, as amended by the Reinforcing Nicaragua's Adherence to Conditions for Electoral Reform (RENACER) Act of 2021 (P.L. 117-54), requires the President to submit an annual report to Congress on individuals in El Salvador, Guatemala, Honduras, and Nicaragua who have knowingly engaged in actions that undermine democratic practices or institutions or in significant corruption or obstruction of investigations into such acts of corruption. This report is colloquially known as the Engel List, after the act's sponsor, former Representative Eliot Engel. Section 353(c) of the act directs the President to deny entry into the United States to, and impose visa restrictions on, any individuals listed, with certain exceptions. The President delegated those functions to the State Department, which has publicly designated 170 individuals-including five former presidents-pursuant to the act (in July 2021, September 2021, February 2022, March 2022, July 2022, and July 2023). Those sanctions, as well as the authority to impose such sanctions, are scheduled to expire on December 27, 2023, unless extended by Congress. There is some uncertainty regarding the expiration, however, because the termination clause appears to erroneously reference subsection (b), the reporting requirement, instead of subsection (c), the sanctions authority. Potentnal Iplications It is difficult to assess what, if any, impact Section 353 sanctions have had on democracy and governance in Central America. The threat of Section 353 sanctions reportedly has deterred some Central American policymakers from engaging in corrupt or undemocratic activities, at least in some instances. Civil society organizations also have welcomed the Section 353 list as a name and shame tool to begin holding political and economic elites accountable in a region characterized by high levels of impunity and state capture. Nevertheless, conditions have continued to deteriorate in Central America and some individuals designated under Section 353 have continued to erode the rule of law and democratic institutions. For example, Rafael Curruchiche, the head of Guatemala's Special Prosecutor's Office Against Impunity, allegedly has continued to persecute anti- corruption investigators and interfered in Guatemala's 2023 electoral process since the State Department designated him under Section 353 in June 2022. Despite these mixed results, a congressional decision to allow the Section 353 authority to expire may be perceived in Central America as a sign the U.S. government is deprioritizing democracy and governance concerns. That perception, and the termination of sanctions leveled to date, could embolden those who had been designated under the act and their political allies. It also could have a demoralizing effect on the public officials, civil society advocates, and investigative reporters who have sought to combat democratic backsliding, often under threat. The executive branch could seek to counter those perceptions by using other authorities. The act appears to require the President to continue producing an annual list of corrupt and undemocratic actors in the region whether or not the sanctions authority expires. Regarding those involved in corruption, the executive branch could choose to impose targeted sanctions pursuant to relevant global authorities-the Global Magnitsky Human Rights Accountability Act (P.L. 114-328, Title XII, Subtitle F; as implemented through Executive Order 13818) and/or Section 7031(c) of annual Department of State, Foreign Operations, and Related Programs (SFOPS) appropriations

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