Sec. 3. Reporting requirements
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In this section: The term appropriate congressional committees means— the Committee on Foreign Relations of the Senate ; the Select Committee on Intelligence of the Senate ; the Committee on Foreign Affairs of the House of Representatives ; and the Permanent Select Committee on Intelligence of the House of Representatives. The term economic elites means board members, officers, and executives of groups, committees, corporations, or other entities that exert substantial influence or control over Haiti’s economy, infrastructure, or particular industries.
The term intelligence community has the meaning given such term in section 3(4) of the National Security Act of 1947 ( 50 U.S.C. 3003(4) ). The term political and economic elites means political elites and economic elites. The term political elites means current and former government officials and their high-level staff, political party leaders, and political committee leaders. Not later than 90 days after the date of the enactment of this Act, and annually thereafter for the following 5 years, the Secretary of State, in coordination with the intelligence community, shall submit a report to the appropriate congressional committees regarding the ties between criminal gangs and political and economic elites in Haiti.
The report shall— identify prominent criminal gangs in Haiti, describe their criminal activities, and identify their primary geographic areas of operations; list Haitian political and economic elites who have links to criminal gangs; describe in detail the relationship between the individuals listed pursuant to subparagraph
(B)and the criminal gangs identified pursuant to subparagraph (A); list Haitian political and economic elites with links to criminal activities who are currently subjected to visa restrictions or sanctions by the United States, its international partners, or the United Nations, including information regarding— the date on which each such Haitian political or economic elite was designated for restrictions or sanctions; which countries have designated such Haitian political and economic elites for restrictions or sanctions; and for Haitian political and economic elites who were designated by the United States, the statutory basis for such designation; describe in detail how Haitian political and economic elites use their relationships with criminal gangs to advance their political and economic interests and agenda; include an assessment of how the nature and extent of collusion between political and economic elites and criminal gangs threatens the Haitian people and United States national interests and activities in the country, including the provision of security assistance to the Haitian government; and include an assessment of potential actions that the Government of the United States and the Government of Haiti could take to address the findings made pursuant to subparagraph (F). The report required under paragraph
(1)shall be submitted in unclassified form, but may include a classified annex. The Secretary of State, in coordination with other relevant Federal agencies and departments, shall identify persons identified pursuant to subparagraphs
(A)and
(B)of subsection (b)(1) who may be subjected to visa restrictions and sanctions under— section 7031(c) of the Department of State, Foreign Operations, and Related Programs Appropriations Act, 2022 (division K of Public Law 117–103 ; 8 U.S.C. 1182 note); or section 1263 of the Global Magnitsky Human Rights Accountability Act ( 22 U.S.C. 10102 ). Not later than 30 days after the date on which the report is submitted pursuant to subsection (b), the President shall impose, on individuals identified pursuant to paragraph (1), to the extent applicable, the sanctions referred to in subparagraphs
(A)and
(B)of such paragraph. The President may waive the requirements under paragraphs
(1)and
(2)with respect to a foreign person if the President certifies and reports to the appropriate congressional committees before such waiver is to take effect that such waiver— would serve a vital national interest of the United States; or is necessary for the delivery of humanitarian assistance or other assistance that supports basic human needs. The list of persons identified pursuant to subsection (b)(1)(B) shall be posted on a publicly accessible website of the Department of State beginning on the date on which the report required under subsection (b)(1) is submitted to Congress. This section shall cease to have effect on the date that is 5 years after the date of the enactment of this Act.
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