Trade Law Daily is a Warren News publication.

Senators Propose Bill for Sanctions on Guatemala

Six Democratic senators introduced a bill that would place sanctions on any current or former employee or person associated with the Guatemalan government after the U.S. found evidence of widespread corruption in the country. The bill, called the Guatemala Rule of Law Accountability Act, would impose sanctions under the Global Magnitsky Human Rights Accountability Act, which allows for the imposition of sanctions on foreign people or governments who have committed human rights violations. The president has 90 days after being notified of the bill's enactment to impose the sanctions, according to the text of the bill, which was introduced March 7. The bill’s co-sponsors are Sens. Ben Cardin, D-Md.; Patrick Leahy, D-Vt.; Dick Durbin, D-Ill.; Tim Kaine, D-Va.; Chris Murphy, D-Conn.; and Jeff Merkley, D-Ore.

Sign up for a free preview to unlock the rest of this article

Timely, relevant coverage of court proceedings and agency rulings involving tariffs, classification, valuation, origin and antidumping and countervailing duties. Each day, Trade Law Daily subscribers receive a daily headline email, in-depth PDF edition and access to all relevant documents via our trade law source document library and website.

The bill cites congressional findings that include the State Department’s 2018 “International Narcotics Control Strategy Report” as justification for the sanctions. That report, according to the bill's text, said the corruption found throughout Guatemala’s government, including in “public and private institutions[,] ... exacerbates the country’s security, governmental, and economic challenges.” According to the bill text, the report also found illicit funds are derived from drug trafficking, human trafficking, extortion, tax evasion and money laundering. The bill also says Guatemala's attorney general petitioned the country's Supreme Court in 2018 to “remove the immunity” of Guatemalan President Jimmy Morales so he could be charged with “illicit election financing.” The Guatemala Supreme Court ruled in August 2018 there was insufficient evidence to decide whether Morales should be investigated, the bill said.

The bill directs that sanctions be imposed on any person associated with the Guatemalan government who, among other actions, “committed or facilitated acts of significant corruption” or “obstructed investigations or prosecutions of such acts.” The sanctions would terminate two years after enactment, according to the bill's text.

A similar bill was introduced in the House by Rep. Norma Torres, D-Calif., on the same day.