{UAH} Magintsky Act Starts To Bite African Dictators

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Washington – Today, on International Human Rights Day, the U.S. Department of the Treasury's Office of Foreign Assets Control (OFAC) has taken action against 18 individuals located in Burma, Pakistan, Libya, Slovakia, Democratic Republic of the Congo (DRC), and South Sudan for their roles in serious human rights abuse.  Additionally, six entities have been designated for being owned or controlled by one of the aforementioned individuals.  OFAC designated these individuals and entities pursuant to Executive Order (E.O.) 13818, which builds upon and implements the Global Magnitsky Human Rights Accountability Act and targets perpetrators of serious human rights abuse and corruption.

"The United States will not tolerate torture, kidnapping, sexual violence, murder, or brutality against innocent civilians," said Secretary Steven T. Mnuchin. "America is the world leader in combatting human rights abuse and we will hold perpetrators and enablers accountable wherever they operate."

SERIOUS HUMAN RIGHTS ABUSE IN THE DRC ALLIED DEMOCRATIC FORCES (ADF)

For more than two decades, the ADF has engaged in serious human rights abuse, committing mass rape, torture, killings, and persistent civilian abductions.  In 2014, OFAC and the United Nations designated the ADF, an armed group active in the DRC, for targeting children in situations of armed conflict, including through killing, rape, abduction, and forced displacement impacting the Great Lakes region. The ADF continues to perpetuate widespread violence and innumerable human rights abuse including the abduction, recruitment, and use of children during attacks and other violent operations.  Additionally, the ADF's overnight raids and abduction of civilians has not abated. 

Today, OFAC is designating Musa Baluku, a leader of the ADF, and targeting five key ADF members who have materially assisted the ADF through recruitment, logistics, administration, financing, intelligence, and operations coordination.  The U.S. Government stands by the DRC government in its efforts to counter armed groups and to bring stability, peace, and prosperity to DRC by countering the ADF and other groups attempting to further destabilize the country.  This action is intended to limit the financial dealings and access of key ADF leadership and aligns with the DRC government's broad objectives to tackle ongoing insecurity in eastern DRC.

Musa Baluku is the leader of the ADF, an entity that has engaged in, or whose members have engaged in, serious human rights abuse related to his tenure.

Amigo Kibirige has materially assisted, sponsored, or provided financial, material, or technological support for, or goods or services to or in support of, the ADF, an entity that has engaged in, or whose members have engaged in, serious human rights abuse.

Muhammed Lumisa has materially assisted, sponsored, or provided financial, material, or technological support for, or goods or services to or in support of, the ADF, an entity that has engaged in, or whose members have engaged in, serious human rights abuse.

Elias Segujja has materially assisted, sponsored, or provided financial, material, or technological support for, or goods or services to or in support of, the ADF, an entity that has engaged in, or whose members have engaged in, serious human rights abuse.

Kayiira Muhammad has materially assisted, sponsored, or provided financial, material, or technological support for, or goods or services to or in support of, the ADF, an entity that has engaged in, or whose members have engaged in, serious human rights abuse.

Amisi Kasadha has materially assisted, sponsored, or provided financial, material, or technological support for, or goods or services to or in support of, the ADF, an entity that has engaged in, or whose members have engaged in, serious human rights abuse.

SERIOUS HUMAN RIGHTS ABUSE IN SOUTH SUDAN

The South Sudanese Government has repeatedly used extrajudicial killings as a means to silence dissent, limit freedom of speech and the press, and enforce the political status quo.  Its refusal to create political space for dissenting voices — be they from opposition parties, civil society, or media — is a major factor in the country's inability to implement its peace deal and form a national unity government.  The Treasury Department is taking action against five individuals responsible for the abduction and likely murder of two human rights activists in 2017. 

Aggrey Idri, a member of the Sudan People's Liberation Movement – In Opposition (SPLM-IO), and Dong Samuel Luak, a South Sudanese human rights lawyer, disappeared from Nairobi, Kenya, on January 23 and 24, 2017, respectively, according to a UN Panel of Experts report and multiple press articles.  Although the Government of South Sudan has denied knowledge of their whereabouts, multiple sources have stated that Dong and Aggrey were extraterritorially kidnapped in Kenya by members of the South Sudanese security services and brought back to Juba, South Sudan, where they were held for a short period of time in the South Sudanese National Security Service's headquarters, known as the "Blue House."  According to reports, after that short period of internment, Dong and Aggrey were moved to a different detention center within South Sudan, where they were reportedly killed upon the orders of, and by, members of the South Sudanese government. 

Despite two years elapsing since the death of Dong and Aggrey, the Government of South Sudan has shown no indications of holding the five individuals or any others to account, and has not taken any corrective measures since the publication in April of the UN Panel of Experts report.  Additionally, South Sudanese leadership on both sides of the political spectrum continue to undermine the stability and security of the country at the expense of the lives, dignity, and prosperity of the Sudanese people.  The United States will continue to work bilaterally and with the international community to hold all those responsible for human rights abuse and corruption accountable as well as to take action against all those impeding South Sudan's peace process.

Abud Stephen Thiongkol (Thiongkol) is a foreign person that is or has been the leader of an entity that has engaged in, or whose members have engaged in, serious human rights abuse.  Thiongkol has been identified as the commander of the detention facilities where Aggrey and Dong were held prior to their killings.

Malual Dhal Muorwel (Muorwel) is a foreign person that is responsible for or complicit in, or has directly or indirectly engaged in, serious human rights abuse.  In addition to Muorwel's participation in the killings of Dong and Aggrey he has been identified as being the commander of forces who detained and assaulted three international monitors in December of 2018.

Michael Kuajien (Kuajien) is a foreign person that is responsible for or complicit in, or has directly or indirectly engaged in, serious human rights abuse.  Kuajien is one of two people publicly identified as being present in Kenya during, and in having a hand in, the kidnapping of Dong and Aggrey. 

John Top Lam (Lam) is a foreign person that is responsible for or complicit in, or has directly or indirectly engaged in, serious human rights abuse.  Lam is one of two people publicly identified as being present in Kenya during, and in having a hand in, the kidnapping of Dong and Aggrey.  Further, Lam is reported to have called member of Dong's family in order to provide information on Dong's whereabouts in return for a substantial cash payment.

Angelo Kuot Garang (Garang) is a foreign person that is responsible for or complicit in, or has directly or indirectly engaged in, serious human rights abuse.  Garang has been identified as being involved in the killing of Dong and Aggrey, as well as of other individuals

SANCTIONS IMPLICATIONS

As a result of today's action, all property and interests in property of the individuals named above, and of any entities that are owned, directly or indirectly, 50 percent or more by them, individually, or with other designated persons, that are in the United States or in the possession or control of U.S. persons, are blocked and must be reported to OFAC.  Unless authorized by a general or specific license issued by OFAC or otherwise exempt, OFAC's regulations generally prohibit all transactions by U.S. persons or within (or transiting) the United States that involve any property or interests in property of designated or otherwise blocked persons.

GLOBAL MAGNITSKY

Building upon the Global Magnitsky Human Rights Accountability Act, on December 20, 2017, the President signed E.O. 13818, in which the President found that the prevalence of human rights abuse and corruption which have their source, in whole or in substantial part, outside the United States, had reached such scope and gravity that it threatens the stability of international political and economic systems.  Human rights abuse and corruption undermine the values that form an essential foundation of stable, secure, and functioning societies; have devastating impacts on individuals; weaken democratic institutions; degrade the rule of law; perpetuate violent conflicts; facilitate the activities of dangerous persons; and undermine economic markets.  The United States seeks to impose tangible and significant consequences on those who commit serious human rights abuse or engage in corruption, as well as to protect the financial system of the United States from abuse by these same persons. 

For more information on the individuals and entities designated today.

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