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Counter-Kleptocracy Act

12/31/2022, 9:00 AM

Summary of Bill HR 5209

Bill 117 hr 5209, also known as the Counter-Kleptocracy Act, is a piece of legislation introduced in the US Congress aimed at combating corruption and illicit financial activities carried out by foreign officials and their associates. The bill seeks to strengthen the US government's ability to investigate and prosecute individuals who engage in kleptocratic practices, which involve the theft of public funds for personal gain.

The Counter-Kleptocracy Act includes provisions that would enhance transparency in financial transactions, require the disclosure of beneficial ownership information, and impose sanctions on individuals involved in corrupt activities. Additionally, the bill would establish a task force within the Department of Justice to coordinate efforts to combat kleptocracy and provide support to foreign governments in their anti-corruption efforts.

Overall, the Counter-Kleptocracy Act aims to hold accountable those who abuse their positions of power for personal enrichment and to promote good governance and the rule of law both domestically and internationally. The bill has garnered bipartisan support in Congress and is seen as a crucial step in the fight against corruption and illicit financial activities.

Congressional Summary of HR 5209

Counter-Kleptocracy Act

This bill addresses prevention and elimination of corruption globally.

The Department of State must (1) annually rank, using specified standards, foreign countries based on their efforts to eliminate corruption; and (2) designate an anti-corruption contact in the diplomatic mission of any country that does not meet the standards. The State Department must also evaluate whether to sanction foreign persons engaged in significant corruption (1) in countries that make de minimis or no efforts to meet the standards, or (2) connected to a designated Russian pipeline project.

The President may temporarily sanction foreign persons engaging in public corruption activities (e.g. bribery).

The bill makes it a federal crime for foreign officials to demand or accept bribes to influence the performance of an official act or otherwise confer an improper advantage. Officials who engage in this conduct are subject to a fine, a prison term, or both. Funds recovered by prosecuting this crime shall be deposited into a new fund in the Treasury for anti-corruption initiatives.

The Department of Justice must make publicly available an accounting of property relating to foreign government corruption that is forfeited to the United States.

The bill addresses issues concerning U.S. visas, including related to (1) abuse of investor visas by corrupt foreign officials or criminals, and (2) foreign individuals denied admission to the United States because of adverse foreign policy consequences.

The bill also prohibits extraditions based solely on, and otherwise addresses, International Criminal Police Organization communications.

Current Status of Bill HR 5209

Bill HR 5209 is currently in the status of Bill Introduced since September 10, 2021. Bill HR 5209 was introduced during Congress 117 and was introduced to the House on September 10, 2021.  Bill HR 5209's most recent activity was Referred to the Subcommittee on Immigration and Citizenship. as of November 1, 2022

Bipartisan Support of Bill HR 5209

Total Number of Sponsors
1
Democrat Sponsors
1
Republican Sponsors
0
Unaffiliated Sponsors
0
Total Number of Cosponsors
38
Democrat Cosponsors
24
Republican Cosponsors
14
Unaffiliated Cosponsors
0

Policy Area and Potential Impact of Bill HR 5209

Primary Policy Focus

International Affairs

Potential Impact Areas

- Accounting and auditing
- Congressional oversight
- Crime prevention
- Crime victims
- Criminal investigation, prosecution, interrogation
- Criminal justice information and records
- Criminal procedure and sentencing
- Diplomacy, foreign officials, Americans abroad
- Employment discrimination and employee rights
- Energy storage, supplies, demand
- Europe
- Foreign aid and international relief
- Foreign property
- Fraud offenses and financial crimes
- Germany
- Government ethics and transparency, public corruption
- Government information and archives
- Government trust funds
- Human rights
- International law and treaties
- International organizations and cooperation
- Judicial procedure and administration
- Oil and gas
- Organized crime
- Pipelines
- Russia
- Sanctions
- Sovereignty, recognition, national governance and status
- U.S. and foreign investments
- United Nations

Alternate Title(s) of Bill HR 5209

To combat the national security threat of foreign corruption and kleptocracy, and for other purposes.
Counter-Kleptocracy Act
TRAP Act of 2021
Transnational Repression Accountability and Prevention Act of 2021
REVEAL Act
Revealing and Explaining Visa Exclusions for Accountability and Legitimacy Act
Justice for Victims of Kleptocracy Act of 2021
Golden Visa Accountability Act
Foreign Extortion Prevention Act
Foreign Corruption Accountability Act
Combating Global Corruption Act of 2021
Counter-Kleptocracy Act

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