CHAPTER 112 —COMBATING GLOBAL CORRUPTION
§10501. Definitions
In this chapter:
(1) The term "appropriate congressional committees" means—
(A) the Committee on Foreign Relations, the Committee on Appropriations, the Committee on Banking, Housing, and Urban Affairs, and the Committee on the Judiciary of the Senate; and
(B) the Committee on Foreign Affairs, the Committee on Appropriations, the Committee on Financial Services, and the Committee on the Judiciary of the House of Representatives.
(2) The term "corrupt actor" means—
(A) any foreign person or entity that is a government official or government entity responsible for, or complicit in, an act of corruption; and
(B) any company, in which a person or entity described in subparagraph (A) has a significant stake, which is responsible for, or complicit in, an act of corruption.
(3) The term "corruption" means the unlawful exercise of entrusted public power for private gain, including by bribery, nepotism, fraud, or embezzlement.
(4) The term "significant corruption" means corruption committed at a high level of government that has some or all of the following characteristics:
(A) Illegitimately distorts major decision-making, such as policy or resource determinations, or other fundamental functions of governance.
(B) Involves economically or socially large-scale government activities.
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Statutory Notes and Related Subsidiaries
Short Title
§10502. Publication and provision of lists regarding progress on anti-corruption efforts
(a) Public list
The Secretary of State shall publish annually, on a publicly accessible website, a list of foreign countries where the government is sustaining or making good progress on anti-corruption efforts in accordance with the minimum standards set forth in
(b) Classified list
The Secretary of State shall provide to the appropriate congressional committees a classified list of countries where the government is making limited or no efforts to comply with minimum standards set forth in
(c) Annual update
The Secretary of State shall provide an annual update in a classified setting to the appropriate congressional committees on the United States Government's efforts to fight against corruption. This update should include an overview of the key obstacles to combating corruption and present near-term and long-term strategies.
(d) Implementation and timing
(1) Deadline
The publication and submission of the lists and the annual update required by subsections (a), (b), and (c) shall be completed not later than 2 years after December 22, 2023, and annually thereafter for seven years.
(2) Report on methodology
Not later than one year after December 22, 2023, the Secretary shall submit to the appropriate congressional committees a report detailing the methodology developed to assign countries to either the public list or the classified list and a proposed budget for preparing the first set of lists during the subsequent year.
(e) Exception to publication
The Secretary may, in specific instances where the Secretary determines the inclusion of specific countries on the public list required by subsection (a) would not be in the national interests of the United States, submit the information required by subsection (a) about such specific countries in a classified manner in writing to the appropriate congressional committees, together with a justification for why publication would not be in the national interest. The justification, if applicable, shall be submitted the same date as the public list required by subsection (a).
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§10503. Minimum standards for the elimination of corruption and assessment of efforts to combat corruption
(a) In general
The government of a country is complying with the minimum standards for the elimination of corruption if the government—
(1) has enacted and implemented laws and established government structures, policies, and practices that prohibit corruption, including significant corruption;
(2) enforces the laws described in paragraph (1) by punishing any person who is found, through a fair judicial process, to have violated such laws;
(3) prescribes punishment for significant corruption that is commensurate with the punishment prescribed for serious crimes; and
(4) is making serious and sustained efforts to address corruption, including through prevention.
(b) Factors for assessing government efforts to combat corruption
In determining whether a government is making serious and sustained efforts to address corruption, the Secretary of State shall consider, to the extent relevant or appropriate, factors such as—
(1) whether the government of the country has criminalized corruption, investigates and prosecutes acts of corruption, and convicts and sentences persons responsible for such acts over which it has jurisdiction, including, as appropriate, incarcerating individuals convicted of such acts;
(2) whether the government of the country vigorously investigates, prosecutes, convicts, and sentences public officials who participate in or facilitate corruption, including nationals of the country who are deployed in foreign military assignments, trade delegations abroad, or other similar missions, who engage in or facilitate significant corruption;
(3) whether the government of the country has adopted measures to prevent corruption, such as measures to inform and educate the public, including potential victims, about the causes and consequences of corruption;
(4) what steps the government of the country has taken to prohibit government officials from participating in, facilitating, or condoning corruption, including the investigation, prosecution, and conviction of such officials;
(5) the extent to which the country provides access, or, as appropriate, makes adequate resources available, to civil society organizations and other institutions to combat corruption, including reporting, investigating, and monitoring;
(6) whether an independent judiciary or judicial body in the country is responsible for, and effectively capable of, deciding corruption cases impartially, on the basis of facts and in accordance with the law, without any improper restrictions, influences, inducements, pressures, threats, or interferences (direct or indirect);
(7) whether the government of the country is assisting in international investigations of transnational corruption networks and in other cooperative efforts to combat significant corruption, including, as appropriate, cooperating with the governments of other countries to extradite corrupt actors;
(8) whether the government of the country recognizes the rights of victims of corruption, ensures their access to justice, and takes steps to prevent victims from being further victimized or persecuted by corrupt actors, government officials, or others;
(9) whether the government of the country protects victims of corruption or whistleblowers from reprisal due to such persons having assisted in exposing corruption, and refrains from other discriminatory treatment of such persons;
(10) whether the government of the country is willing and able to recover and, as appropriate, return the proceeds of corruption;
(11) whether the government of the country is taking steps to implement financial transparency measures in line with the Financial Action Task Force recommendations, including due diligence and beneficial ownership transparency requirements;
(12) whether the government of the country is facilitating corruption in other countries in connection with state-directed investment, loans or grants for major infrastructure, or other initiatives; and
(13) such other information relating to corruption as the Secretary of State considers appropriate.
(c) Assessing government efforts to combat corruption in relation to relevant international commitments
In determining whether a government is making serious and sustained efforts to address corruption, the Secretary of State shall consider the government of a country's compliance with the following, as relevant:
(1) The Inter-American Convention against Corruption of the Organization of American States, done at Caracas March 29, 1996.
(2) The Convention on Combating Bribery of Foreign Public Officials in International Business Transactions of the Organisation of 1 Economic Co-operation and Development, done at Paris December 21,2 1997 (commonly referred to as the "Anti-Bribery Convention").
(3) The United Nations Convention against Transnational Organized Crime, done at New York November 15, 2000.
(4) The United Nations Convention against Corruption, done at New York October 31, 2003.
(5) Such other treaties or conventions ratified by the United States as the Secretary of State considers appropriate.
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1 So in original. Probably should be "for".
2 So in original. Probably should be "17,".
§10504. Imposition of sanctions under Global Magnitsky Human Rights Accountability Act
(a) In general
The Secretary of State, in consultation with the Secretary of the Treasury, should evaluate whether there are foreign persons engaged in significant corruption for the purposes of potential imposition of sanctions under the Global Magnitsky Human Rights Accountability Act (subtitle F of title XII of
(1) in all countries identified pursuant to
(2) in relation to the planning or construction or any operation of the Nord Stream 2 pipeline.
(b) Report required
Not later than 180 days after providing the list required by
(1) a list of foreign persons with respect to which the President imposed sanctions pursuant to the evaluation under subsection (a);
(2) the dates on which such sanctions were imposed;
(3) the reasons for imposing such sanctions; and
(4) a list of all foreign persons that have engaged in significant corruption in relation to the planning, construction, or operation of the Nord Stream 2 pipeline.
(c) Form of report
Each report required by subsection (b) shall be submitted in unclassified form but may include a classified annex.
(d) Briefing in lieu of report
The Secretary of State, in consultation with the Secretary of the Treasury, may, instead of submitting a written report required under subsection (b) (except with respect to the list required by subsection (b)(4)), provide to the appropriate congressional committees a briefing, together with a written justification, if doing so would better serve the national interests of the United States.
(e) Termination of requirements relating to Nord Stream 2
The requirements under subsections (a)(2) and (b)(4) shall terminate on the date that is 5 years after December 22, 2023.
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Editorial Notes
References in Text
The Global Magnitsky Human Rights Accountability Act, referred to in subsec. (a), is subtitle F (§§1261–1264) of title XII of div. A of
§10505. Designation of embassy anti-corruption points of contact
(a) In general
The Secretary of State shall annually designate an anti-corruption point of contact at the United States diplomatic post to each country identified pursuant to
(b) Responsibilities
Each anti-corruption point of contact designated under subsection (a) shall be responsible for enhancing coordination and promoting the implementation of a whole-of-government approach among the relevant Federal departments and agencies undertaking efforts to—
(1) promote good governance in foreign countries; and
(2) enhance the ability of such countries—
(A) to combat public corruption; and
(B) to develop and implement corruption risk assessment tools and mitigation strategies.
(c) Training
The Secretary of State shall implement appropriate training for anti-corruption points of contact designated under subsection (a).
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