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1 [1] (October 1, 2024)

handle is hein.crs/govequl0001 and id is 1 raw text is: Congressional Research Servic~ Informing the Ieg~sIative debdte since 1914 Updated October 1, 2024 Central America: Policy Options Following Expiration of Targeted Sanctions Authority On December 27, 2023, a targeted sanctions authority created by Congress to respond to corruption and democratic backsliding in four Central American countries (Figure 1) expired along with any visa restrictions that the State Department had imposed pursuant to the authority. Congress may assess how the sanctions authority was used, the potential implications of its expiration, the extent to which other sanctions options exist, and policy alternatives. Figure I. Map of Central America Source: CR5 Graphics. Orins ofthe Sanctons Author ty Congress has devoted increased attention to Central America over the past decade as the region has become a top source of irregular migration to the United States. Between FY2016 and FY2023, Congress appropriated more than $5 billion of foreign assistance to address the underlying economic, governance, and security challenges in Central America that have contributed to millions of people leaving their homes. Corruption and democratic backsliding have hindered U.S. objectives in the region by deterring investment, siphoning scarce resources away from government programs, and facilitating criminal co-optation of security and justice-sector institutions. Among other efforts intended to stem the erosion of the rule of law in Central America, Congress enacted the United States-Northern Triangle Enhanced Engagement Act (Division FF, Title III, Subtitle F of P.L. 116-260; 22 U.S.C. §§2151 note, 2277-2277a; 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 Act of 2021 (P.L. 117-54; RENACER Act), 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, which expired in December 2023, directed the President to deny U.S. entry to, and, as applicable, revoke existing U.S. visas for, any individuals listed, with certain exceptions. The President delegated those functions to the State Department, which publicly designated 184 individuals-including five former presidents-pursuant to the act by the time of its expiration (Table 1). Table I. Individuals Publicly Designated Under Section 353, by Country and Sanctionable Behavior (July 2021-December 2023) Country Undemocratic of Origin Corruption Actions Total El 19 17 34 Salvador Guatemala 30 24 52 Honduras 46 3 49 Nicaragua - 49 49 Total 95 93 184 Source: CRS analysis of U.S. Department of State reports. Note: Two Salvadorans and two Guatemalans were designated for both sanctionable behaviors. Consequently, the totals for those countries are less than the sum of the corruption and undemocratic actions columns. Potential Impat ons of the Expration It is difficult to assess the impact Section 353 sanctions had on democracy and governance in Central America. The threat of Section 353 sanctions reportedly deterred some Central American policymakers from engaging in corrupt or undemocratic activities, at least in some instances. Some civil society organizations also 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. At the same time, governance continued to deteriorate in portions of Central America and some individuals designated under Section 353 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 continued to persecute anti-corruption investigators and interfered in Guatemala's

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